Province of Canada, Legislative Council, 8th Parl, 4th Sess (15 August 1865)


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Date: 1865-08-15
By: Province of Canada (Parliament), The Quebec Daily Mercury
Citation: “Provincial “Parliament. Legislative Council. The Quebec Daily Mercury (16 August 1865).
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PROVINCIAL PARLIAMENT.
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(Reported for the Mercury.)
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LEGISLATIVE COUNCIL.
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TUESDAY, 15TH Aug. 1865.

The House met at three o’clock.

After routine,—

FIRST READING.

Bill for the sale or other disposition of the lands of the late John Lorn McDougall (from the Assembly.)

BILLS FROM LAST SESSION.

The Hon. Mr. FERGUSSON BLAIR introduced a Bill to amend the Act containing special provisions relating to both Houses of Parliament. The Hon. gentleman explained that this bill was one of those passed by the House last session. It was read a first second and third time, and passed.

A Bill further to amend the act relating to mutual insurance companies in Upper Canada, also passed by the House last session, and again introduced by the Hon. Mr. FERGUSSON BLAIR, was read a first and second time and ordered to be brought up in Committee of the Whole on Wednesday.

Hon. Mr. CURRIE also introduced a Bill (from last session) to amend the Act respecting County Courts. It was advanced through the various stages and passed.

STATE OF THE PROVINCE.

Hon. Mr. McDONALD gave notice that he would move on Thursday that the House go into Committee of the Whole to take into consideration the state of the Province.

GEORGIAN BAY CANAL.

Hon. Mr. MACPHERSON gave notice that he would move on the same day, to the following effect: — “That an humble address be presented to His Excellency the Governor General praying that His Excellency will be pleased to cause a survey to be made of the Isthmus between Lake Ontario and the Georgian Bay, with the view of ascertaining the practicability and cost of constructing the Ship Canal to connect those water so as to afford an additional channel for the rapidly increasing Trade of the vast and fertile Territories bordering on the Great Lakes Huron, Michigan and Superior.”

COLONIZATION

Hon. Mr. MACPHERSON also gave notice that he would move on Thursday—

“That in the opinion of this House the settlement of our unoccupied public lands is of the utmost importance. That further efforts should be made to attract to Canada a large proportion of the vast number of emigrants who annually leave the British Isles and the continent of Europe for America, many of whom pass through this country on their way to the neighboring States, there to avail themselves of the free grants of land offered to all actual settlers on the public domain.’ That the introduction of such a system into Canada would lead to the more rapid occupation of our wild lands, the increase of our population, and the advancement of the general interests of the Province; and at the same time that it be Resolved—“That in the opinion of this House it is expedient that any person being the head of a family or of the age of twenty-one years, upon establishing a claim to premption in conformity with such regulations as the Department of Crown lands may prescribe, and upon furnishing satisfactory evidence that such claim is made for the exclusive use and benefit of the applicant; and that the entry upon the land is made for the purpose of actual settlement and cultivation, and upon payment of ten dollars, such applicant shall be permitted to enter upon the quantity of land specified (not more than 200 acres) and that after the expiration of five years upon proof of residence continuously upon, and cultivation of the land for that period, such person shall be entitled to a patent therefor.”

BANKING AND COMMERCE.

On motion of Hon. Sir N. F. BELLEAU, Hon. Mr. Leslie was added to the Committee on Banking and Commerce.

NORTH-WEST TERRITORY.

Hon. Sir N. F. BELLEAU submitted a message from His Excellency, transmitting for the information of the House copies of documents relating to the North-west Territory.

ROSSIN HOUSE, TORONTO.

Hon. Mr. ROSS moved the second reading of the Bill to relieve the Rossin House Hotel Joint Stock Company from the payment of taxes.—Carried.

Hon. Mr. CHRISITE called the attention of the Committee to whom the Bill was referred to the fact that petitions, numerously signed, in opposition to the Bill, or at least to one part of it, had been presented last Session. He expressed the hope that the Committee would look closely into that part of the Bill.

Hon. Mr. ROSS said now that the Bill had been read a second time, it was not the time to discuss the merits of the Bill, but he would take care that Hon. Mr. Christie should be notified of the meeting of the Committee.

The Bill was referred to the Private Bills Committee.

TREES ON HIGHWAYS.

Hon. Mr. FLINT moved the second reading of the Bill to encourage the planting of fruit, shade and ornamental trees on the public highways of the Province and for other purposes. The hon. gentleman explained that the Bill was one of those which passed the House last Session.

Hon. Mr. FLINT moved the second reading of the Bill to encourage the planting of fruit, shade and ornamental trees on the public highways of the Province and for other purposes. The hon. gentleman explained that the Bill was one of those which passed the House last Session.

Hon. Mr. CURRIE objected to the Bill, vesting the ownership of trees now growing on the highways of the proprietors of the adjacent ground. He thought this would, in many cases, be improper.

For instance, in the town in which he lived, and associated had been formed for the express purpose of beautifying the streets by the planting of ornamental trees. At considerable expense they had effected their purpose, and it would be a great hardship, indeed, if they were to be deprived of their property which they had so much to trouble and cost to maintain, and to see the same fall into the hands of persons, who had neither the taste nor the time perhaps, to take care of it. He hoped the Committee would sift the Bill carefully.

Hon. Mr. FLINT said the question had been already considered in Committee, and the House had passed the Bill last Session. He did not see how the matter could be again brought under discussion.

Hon. Mr. CURRIE suggested the introduction of a provision in the Bill for the protection of such cases as he had just alluded to.

Hon. Mr. FLINT inquired by what right the association in question had undertaken to plant trees on the highways.

Hon. Mr. CURRIE said the association had been formed and had undertaken the work by the consent of the Municipal Corporation of the place.

Hon. Mr. ROSS thought the subject of the Bill was a very good one. It gave to some particular person an interest in preserving the trees.

Hon. Mr. McCRAE said he objected to the Bill on the ground that there was nothing in it to prevent the persons becoming the owners of the trees to remove them if they thought proper. He thought that the Bill should be amended, so that while vesting the ownership of the trees on the proprietors of the adjacent grounds, it should not go to the extent of allowing them to remove them.

After some further discussion—

Hon. A. J. DUCHESNAY expressed the hope that the Bill would not be made to apply to Lower Canada, as the tendency of such trees along the highways in winter would be to cause the snow to accumulate and obstruct the roads to a troublesome extent.

Hon. Mr. BOSSE took the same view.

After some further discussion, the motion for the second reading was put and carried and the Bill was accordingly read,— Hon. Messrs. A. J. Duchesnay and Bosse dissenting—and referred to a select Committee.

OTHER SECOND READINGS.

To prevent the spread of Canada thistles in Upper Canada— Read and referred to the Committee on Agriculture—Hon. Mr. MATTHESON.

To amend the law relating to the decision of Lower Canada into counties, in so far as the same relates to the Counties of Rimouski and Gaspe—Read and referred to the Committee on Agriculture—Hon. Mr. MATTHESON.

To amend the law relating to the division of Lower Canada into counties, in so far as the same relates to the Counties of Rimouski and Gaspe— Read and referred to the Private Bills Committee— Hon. Sir N. F. BELLEAU.

To continue and amend the act incorporating the Marmora and Belleville Railway Company— Read and referred to the Private Bills Committee— Hon. Mr. FLINT.

The House then adjourned.

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