Province of Canada, Legislative Council, 8th Parl, 4th Sess (28 August 1865)

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Date: 1865-08-28
By: Province of Canada (Parliament), The Quebec Daily Mercury
Citation: “Provincial “Parliament. Legislative Council. The Quebec Daily Mercury (29 August 1865).
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(Reported for the Mercury.)


MONDAY, 28th Aug. 1865.

The SPEAKER took the Chair at three.

After routine—


Hon. Mr. DIXON presented a petition from the President, Vice-President, Secretary and members of the Upper Canada Mining Company, complaining that certain rights possessed by them in the Wallace Mines had been patented by Government to other parties, and praying for the institution of a special enquiry into the matter.


The Hon. Mr. FERGUSON BLAIR, from the Private Bills Committee, reported, with several amendments, the Bill to facilitate the separation of the county of Renfrew from the county of Lanark.

On motion of Hon. Mr. SKEAD, the amendments were taken into consideration.

The Hon. Mr. FERGUSON BLAIR explained that they had been made at the request of the gentleman who had charge of the Bill in the other House, and who had attended the meeting of the Committee that morning.

They were then concurred in, and the Bill was ordered for a third reading to-morrow.


The Bill to incorporate the St. Catherine’s General Hospital having been reported from the Committee without amendments was read a third time and passed.


Hon. Mr. HAMILTON, (Kingston,) from the Committee on Banking and Commerce, reported the Bill for the granting of additional facilities in commercial transactions, with a number of amendments.
On motion of the hon. gentleman the Bill was ordered to be reprinted as amended and to come up for consideration on Wednesday next.


The Bill (from the Assembly) to extend the delay for the completion of the above railway was read a first time.


Hon. Mr. PRICE,—To specially incorporate the Tedousae Hotel and Sea Bathing Company.

Hon. Mr. OLIVIER,—To incorporate the village of Berthier and erect it into a town.


Hon. Mr. BOULTON moved for an address praying that His Excellency will please to cause to be laid before the House during the present session, a return from the several Sheriffs of Upper Canada of the various executions placed in their hands respectively during the last 12 months, on which poundage has been charged, although no sales took place thereon; and also the amount of such poundage on said execution. In moving for this address asking for the expenses on sales of lands in Upper Canada, and the House had then exhibited its readiness to examine into the abuses, which were alleged to exist to that respect. He had since been requested to move for this address and was informed that there existed abuses in this particular, also, which had operated injuriously upon the persons affected thereby. It was manifestly improper that the unfortunate persons upon whose property executions were levied, should be made to pay larger expenses than the law allowed. If the suspicion proved to be unfounded he would be very glad, and the investigation would therefore accomplish the very desirable purpose of removing such suspicions. He had, however, been told that considerable sums had been exacted which the law did not sanction. In the other Branch of the Legislature an investigation in regard of the operations of the Division Courts was taking place, and he had not been aware that any abuses had existed in them, but it was proper that the reports of them should be examined into, and no doubt the House would be equally ready to forward the examination which he now prepared to make.

Hon. Mr. CAMPBELL said he entirely agreed with the hon. member as to the propriety of the investigation he proposed to make and he hoped the House would not object to the motion. He must, however, suggest to the hon. member that he could not promise the returns required from the Sheriffs would be received in time to be submitted to the House during the Session for the Returns had to be asked from the Sheriffs who would need a reasonable time to prepare them. Any information on the subject now in the hands of the Government would at once be brought down and any thing which came in too late for this session would be supplied next session.

Hon. Mr. CURRIE said he could not see any good purpose in this motion.

Hon. Mr. BOULTON—Information.

The portion was then put and carried.


Hon. Mr. CAMPBELL moved the second reading of the Bill to amend the Act in relation to mining for gold, and said that in the bill passed last session, it was provided that the license fees would only be exacted from parties actually working the gold mines or working for gold, not from parties merely prospecting but experienced had proved that this distinction operated injuriously for no one appeared willing to admit that they were actually working for gold, but only prospecting. (Laughter.) The Inspecting Officers could not be everywhere and so the parties who pretended to be only prospecting went on working and no license fees could be obtained. He had at first proposed to exact the license fees from all parties, but yielded the point and now he desired to revert to his original intention. The license fees were small, only $1 per month on private lands and $2 on the lands belonging to the Crown, but hitherto all the operations had been confined to private lands and hence the fees would not be onerous. The fees were required for the purposed of defraying the expenses of keeping order at the mines and ought therefore to be paid. The other change he proposed to make in the Act wa to extend the regulations regarding the sale of […] to the Seigniory of Rigaud and Vaudreuil, which applied to other places. Last year he had avoided interfering with that Seigniory as it was patented, but for the purpose of maintaining order it was found necessary to extend the liquor regulations there also. The charge would not affect the patent, but leave it just as it was before, only order would be preserved. It would simply give power to the Governor in Council to pass regulations regarding the sale of liquor in the Seigniory as in other localities. The bill was then read and ordered to be brought up in Committee of the whole House own Thursday next.


The following Bills were read a second time:—

To incorporate Jeffery Hale’s Sunday School—Hon. Mr. FERRIER.

To incorporate Jeffery Hale’s Hospital—Hon. Mr. FERRIER.

Both these Bills were referred to the Private Bill’s Committee.

To amend the Education Law of Lower Canada—Hon. Mr. E. DUCHESNAY.—Referred to a Special Committee.

To provide for the preservation of standing timber—Hon. Mr. MOORE.—Referred to the Committee on Agriculture.

To amend the Law relating to the erection of Towns and Villages—Hon. Mr. PROULX..—Referred to a Special Committee.

To legalize certain By-laws of the County of Lincoln—Hon. Mr. CURRIE.—Referred to Private Bill’s Committee.

The House then adjourned.

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