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Date: 1866-07-12
By: Province of Canada (Parliament)
Citation: Province of Canada, Parliament, Scrapbook Debates, 8th Parl, 5th Sess, 1866 at 42, 45.
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LEGISLATIVE COUNCIL.

Thursday July 12^th, 1866.[1]

The Speaker took the chair at three o’clock.

After Routine

The Chairman of the Committee on Banking and Commerce reported the bill to amend the Charter of the Canada Landed Credit Company with some amendments. Amendments concurred in and bill ordered for a third reading tomorrow.

Also the bill to amend the Charter of Quebec Banks with certain amendments. Amendments concurred in and bill ordered to be read a third time tomorrow.

Hon. Mr. Bureau moved that an Address be presented to His excellency praying that he will be pleased to cause to be laid before this House, a statement of the moneys now in the hands of the several Sheriffs and Prothonotaries in Lower Canada stating name of Districts, name of Sheriff, or Prothonotary, parties in the cause, date, amount, person to whom due, reasons for non-payment, name of Bank in which the money is deposited and the fate of interests thereon.

In support of his motion, the hon. member stated that by the operation of the present judicature bill of Lower Canada, large sums had accumulated in the hands of these officers, probably much exceeding the amount of the bond they gave. They were only responsible for the principal, and he thought that in the public interest, it was a proper that the facts asked for should be known as they might lead to a legislation for applying the interests to public objects (Carried)

Hon. Mr. Guevremont moved that an humble address be presented to His Excellency the Governor General, praying that His excellency will be pleased to have laid before this house an account to the expense incurred by the Trinity House of Montreal in laying down and taking no Buoys in the years 1865 and 1866 – Showing the amount paid to each of the owners of barges and other vessels employed respectively and the rate per day paid for each such vessel (Carried).

The following bills were then read a second time and referred to Committees:

Bill relating to the constitution of Parishes the erection and repairs of Churches, &e, &e, in Lower Canada.

Bill to enable the Trustees of St. Paul’s Church, Wookstock, to sell the Rectory Lands.

Bill to amend the law relating to Crown Criminal Procedure and the law of evidence in Upper Canada.

Bill to amend the Act relating to Attorney-at-Law in Upper Canada.

Bill to amend the Montreal Mercantile Library Associations Act.

Bill to enable to St. Paul’s Church Trustees of Montreal, to sell said Church and the site thereof, for the purpose of purchasing and building in another part of the city.

Bill to permit of the separation of the Township of Wawanbsh into two Municipalities.

Bill to confirm the will of Thomas Jackson.

Bill to incorporate the College of St. Jerome, Berlin.

Bill to attach part of the Township of Aylmer to St. Vital de Lambton, county Beatrice.

Bill to attach part of the Township of Broughton to St. Frederick Parish, County Beauce.

On motion of Hon. Mr. Bull, it was resolved that when the House adjourned & stands adjourned at 11 o’clock A.M. tomorrow, to meet again at half past 7 o’clock P.M. on Monday next.

The House then adjourned.

[1] This portion was crossed out. The day reappears on p. 45.

• (p. 45)

LEGISLATIVE COUNCIL.

THURSDAY, July 12^th, 1866.

The SPEAKER took the Chair at 2 o’clock.

After routine,

Canada Landed Credits.

The Chairman of the Committee on Banking and Commerce reported the bill to amend the Canada Landed bill, with amendments. Amendments concurred in the capital to be one million. —Third reading to-morrow.

Quebec Banks.

Also the bill to amend the Charter of the Quebec Bank. —Amendments concurred in and third reading mixed for to-morrow.

Long Point Company.

Hon. Mr. Currie moved the supervision of the 53^rd rule in respect to this bill.

Hon. Mr. Allan said the Private Bill Committee had reported, that they agreed with respect to the proposed canal only, but not with regard to other objects contemplated by the measure, such as railway, harbor, &c., as no notice of these objects had been published.

The motion, however, was put and carried.

Moneys in Sheriff’s Bands.

Hon. Mr. Bureau moved that an Address be presented to His Excellency, proving that be will cause to be laid before the House, a statement of the moneys in the hands of the several Sheriffs and Prothonotaries of Lower Canada, in their official capacities, showing the names of the Judicial District of the Sheriff or Prothonotary of the parties in the causes, the dates, the amounts, the names of the parties to whom due the reasons for non-payment, the names of the banks in which the moneys are lodged, and the rate of interest allowed thereon.

The hon. member said it was well known that under the new Judicature law, large sums had accumulated in the hands of these functionaries, and it was in the public interest as well as in that of the Government, that the extent of these laws should be known. The Sheriffs and Prothonotaries were only required to account for the principal, and, as large interests accrued, it might be deemed proper that some legislation should be had so that the public treasury might get the benefit instead of these gentlemen. Then if the Sheriff’s had larger sums in their hands than were covered by their bonds it might tend to some danger. By means of other statistics, legislation had been a good deal ameliorated, and perhaps the statement now asked might have a similar effect. —Carried.

Parliament Buildings at Toronto.

Hon. Mr. McPherson inquired whether it was the intention of the Government House at Toronto, preparatory to placing them in the possession of Upper Canada for the use of the Local Government of that Police?

The hon. member said that these Buildings had been made ever by Upper Canada to the Province of Canada at the time of the Union. The Parliamentary Buildings had been partly destroyed by fire and the Government House remained unrepaired. These accidents had both occurred while the premises were occupied as barracks, and he concluded it was but just that the damage should be entirely repaired. Fires had occurred also in the Parliament Buildings at QUebec, and the Governors residence at Spencer Wood had also been destroyed in the same way, but both buildings had been rebuilt, in fact now Parliament Buildings altogether had been erected at Quebec. He hoped the Government would be prepared to say that they intended restoring those at Toronto.

Hon. Mr. Campbell asked the hon. member to wait until Monday next, to which he consented.

Montreal Harbour Commissioners.

Hon. Mr. Guevremont moved “that an humble Address be presented to His Excellency will be pleased to have laid before this House an account of the expense incurred by the Trinity House of Montreal in laying down and taking up the Buoys in the years 1865 and 1866 —shewing the amount paid to each of the owners of barges and other vessels employed, the number of days employed respectively, and the rate per day paid for each such vessel. —Carried.

Second Reading.

The following bills were read a second time and referred to the Committee.

On motion of the Hon. Mr. Armand, —Bill to amend the Act relating to the erection of parishes, the building and repairs of churches in Lower Canada.

On motion of Hon. Mr. Alexander —Bill to authorize the Trustees of St. Paul’s Church, in Woodstock to sell their Rectory lands.

Hon. Mr. Campbell asked why the Trustees of this Church could not dispose of their Rectory lands under the general act which was in progress through the other branch of the Legislature, and which had as he understood, received the approval of the authorities of the Church of England throughout the Province. Would it not be better to wait until that bill came here, when the hon. member would see whether its provisions would not meet the Woodstock case, as well as the many other cases of a like nature for the use of which it had been prepared?

Hon. Mr. Alexander replied that the general Act had not received the approval of the Church of England in the diocese of Huron. It was feared that under it the sales could not be effected so satisfactorily as under the bill now before the House, and besides it was just possible the general bill might not pass, and the promoters of the Woodstock measure wanted to be quite safe by having it at any rate.

Hon. Mr. Campbell—He would not oppose the second reading of the bill, but would allow it to go to the Private Bill Committee, with the understanding, however, that the House were not committed, and that it would remain there until the general measure was before the House, when it would be seen whether it could not apply as well to the Woodstock case as to others.

Hon. Mr. Alexander consented, and the bill was read and referred,

On motion of Hon. Mr. Ferugsson Baiir—Bill to amend the act relating to Crown Criminal Procecutions and the Law of Evidence;

Also, bill to amend the law relating to Attorneys.

On motion of Hon. Mr. Ferrier—Bill to amend the Act Incorporating the Montreal Mercantile Library Association;

Also, bill to permit the Trustees of St. Paul’s Church, in Montreal, to sell said church and site, and to buy and build in another part of the city.

On motion of Hon. D. McDonald—Bill to separate the Township of Wawash into two distinct municipalities.

On motion of Hon. Mr. Allan—Bill to confirm the Will of the late Robert Jackson of Scarboro.

The hon. member explained that Mr. Jackson had had two families and had left his property to the children of his second wife, but in sonsequence of the will having been witnessed by only one person it could not be executed. Now the children by the first wife, were all willing that the will should take effect, and had signed the documents showing that they were those which he had by him. It was needful that the property should be used in part for the benefit of the younger children, the youngest of whom was only five years old, as there were no other means of providing for them.

Hon. Mr. Campbell asked why the parties seeking the bill had not appealed to the Court of Chancery, which he believed was quite competent to deal with the matter.

Hon. Mr. Allen was not heard distinctly but seemed to say there were doubts about it.

The bill was then read and referred.

On motion of Hon. Mr. Alexander, Bill to incorporate the college of St. Jerome at Berlin, —a college already in existence.

On motion of M.C. Duchesney, Bill to attach part of the Township of Aylmer to the Parish of St.-Vital, County Beauce.

Also a Bill to attach part of the Township of Broughton to the Parish of St. Frederick, in the same county.

The House then adjourned.