Province of Canada, Legislative Council, Scrapbook Debates, 8th Parl, 5th Sess, (19 June 1866)


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Date: 1866-06-19
By: Province of Canada (Parliament)
Citation: Province of Canada, Parliament, Scrapbook Debates, 8th Parl, 5th Sess, 1866 at 17.
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Click here to view the rest of the Province of Canada’s Confederation Debates for 1866.

LEGISLATIVE COUNCIL.

 

TUESDAY, June 19th, 1866.

The speaker took the chair at 3 o’clock.

 

Reports of Committees

 

Hon. Mr. Allan, chairman of the Private Bill Committee, brought in the 4th report of that committee, and among the petitions there were quite a number for the Charter of a railway between Belleville and Marmora.

 

Hon. Mr. Sanborn from the committee to whom had been referring the bill to provide the means for forgiving processes on Corporations not having places of business in the Provinces, reported the same without amendment.

 

First Reading

 

Hon. Mr. Flint introduced a bill to incorporate the Belleville and Marmora Railway Company. The Second reading on Thursday next.

 

Quebec North Shore Turnpike.

 

Hon. Mr. Bosse gave notice that on Thursday, he would move an address to His Excellency the Governor General, for a copy of the last report form the Trustees of the Quebec North shore Turnpike Road, showing the state of the finances of that trust.

 

Confederation

 

Hon. Mr. Christie gave notice that he will on Thursday, enquire of ministers when it is the intention of the Government to submit to the consideration of Parliament, their measures for the completion of the scheme of Confederation as regards this province.

 

Second Readings

 

Hon. Mr. Sanbourn moved the second reading of the bill to amend the Commissioners Court act for Lower Canada. In support of the measure the hon. member stated that as the law now stood there were certain days in each month upon which writs could be returned, and it was simply to amend this provision of the law that the bill was brought in. It provided that in every warrant of execution, [text missing] the day on which it was to be returned shall be named; and it shall be returned with the proceedings thereon only certified on the day so named, which shall not be less than ten nor more than forty days from the date of such warrant. He believed there could be no objection to the measure, but on the contrary that it could not fail to be an improvement.

 

The bill was then read and referred to a special committee of Hon. Messrs. Olivier, Chaffers and the mover.

 

Hon. Mr. Price moved the second reading of the bill to facilitate the transactions of the Quebec North Shore, Turnpike Road Trustees.

 

The Hon. Member explained the objects of the bill to be giving authority to the trustees in question to pay and cancel certain debentures therein stated which had been either destroyed by fire or stolen from the proprietor at a fire which occurred on his premises. This bill had been brought in the last session and sent back by that committee on the ground that it was not a private but a public bill.

 

The bill was then read a second time.

 

The same Hon. Member then moved that it be referred to a special committee composed of Hon. Messrs. Panet, Gingras, Le Tellier de St. Just and the mover.

 

Hon. Sir N. F. Belleau objected to such reference, as the bill was, to all intents and purposes, a private bill, and as such required to be referred to the Private Bills Committee, where good proof that the debentures alleged to have been lost would be required. The Bill could not do away with the rights of parties, and notwithstanding its enactment they would have recourse at common law against the Trustees.

Hon. Mr. Price said advice had been taken in relation to the matter, and it seemed impossible to get over the difficulties except by a special Act.

 

After some further converstation, and at the suggestion of the Speaker, who thought it would be better to decide upon the character of the Bill before proceeding, further action was about to be deferred until the morrow, when Hon. Mr. Price said he would not then be in the house and it was ordered to lie over until Wednesday of next week.

 

The house then adjourned.

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