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Date: 1866-06-21
By: Province of Canada (Parliament)
Citation: Province of Canada, Parliament, Scrapbook Debates, 8th Parl, 5th Sess, 1866 at 19-20.
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LEGISLATIVE COUNCIL.

Thursday, June 21^st, 1866.

The Speaker took the chair at 3 o’clock.

Among the pe [sic] petitions presented there wos [sic] ode by the Hon. Mr. Skead, from the inhabitants of New Edinburgh, praying for an incorporotion [sic] of their village. The Hon. member, presenting it, said he did not wish it to be understood that he intended supporting the prayer of the petition. He presented it merely as a matter of futy and when the subject came up he would give it that consideration to which it miht [sic] be entitled as coming from so large a body of his constituents.

Reports of Committees.

Hon. Mr. Sanborn, from the Private Bill Committee reported the bill to amend the Bommissioner’s [sic] case of Lower Canada, with certain amendments.

The Hon. member said that the effect of the amendment was to give power to have the writs of attachment issued under the law in certain cases executed beyond the limits of the District in which the particular court issuing said writs was situated.

Some codversation [sic] ensured, but the amendments were concurred in, and the cill [sic] was ordered for a third reading to-morrow.

Hrivate [sic] Bill Bommittee [sic].

Hon. Mr. Sanborn submitted the sixth report of ehe [sic] Private Bill Committee, and among the petitions reported upon was one from W.J. Beckell for authority to build a swing bridge over the St. Charles River at Quebec, and to collect tolls thereon. The report stated that the petition for this bill had not been published the full period required by law, but recommended that the rule of the House regarding said matter should be suspended, so as to allow of a bill being introduced.

Importation of Cattle.

Hon. Mr. Ferugsson Blair brought up a return to an address for certain papers relating to the importation of cattle.

Hon. Mr. A.J. Duchesnay moved that the documents be referred to the Committee on Agriculture.—Carried.

Relief of Volunteers.

Hon. Mr. Currie gave notice that he would enquire on Monday next of it was the intention of the Government to introduce a measure this Session to legalize the recent appropriations made by Municipal Corporations in Upper Canada for the relief of the Volunteers.

• (p. 20)

Quebec North Shore Turnpike Roads.

Hon. Mr. Bosse moved an address be presented to His excellency praying that he would caise to be laid before the House a copy of the last report from the ministers of the Quebec North Shore Turnpike Roads showing the state of the Finance of that trust.

In support of his motion, the Hon. member stated that the parties who had loaned money to the Trustees in question not only had no prospect or means of recovering the principal, but did not ever get the interest on their loan, and that it was therefore extremely desirable they should have full and reliable information as to the financial condition of the Trust so that they might be guided in takin the steps necessary to obtain payment.

Confederation

David Christie [Erie, elected 1858] enquired of the Government when it was their intention to submit to the consideration of Parliament their measures for the completion of the scheme of Confederation as regarded this Province.

Alexander Campbell [Cataraqui, elected 1858, Commissioner of Crown Lands], that the measure for the completion of the scheme of confederation would be submitted to Parliament very shortly and in amply sufficient time to allow of its being fully considered during the present session.

Second Readings

Hon. Mr. Olivier moved the second reading of the bill to adopt measures for ascertaining who were the proprietors of the Commons of Bathersea and Isle du Pads.

The hon. member explained the intended operation of the measure at some length, the purport being as far as it could be heard, to prevent useless trouble and expenditure by a recourse to law, be providing for an amicable settlement among the parties concerned.

The bill was then read and referred

Standing Committee on Private Bills

Hon. Mr. Flint moved the second reading of the bill to incorporate the Belleville and Marmon Railway Company, and said that a bill precisely similar had been passed by the house last session, with the exception of the extension clause, which had been struck out, and the clause which allowed the amalgamation with the Marmon Iron Company.

The Bill was then read and referred to the Private Bill Committee

Iroquois Weed Reserves

Pursuant to order, the House resolved itself into committee of the whole, on the bill to regulate the sale of the wood on the reserve of the Iroquois tribe of Indians at Changhnawags. Hon. Mr. Hamilton on Kingston is the Chair.

After some progress,

Hon. Mr. Bureau, suggested that the bill might be so amended as to make it lawful to hold the prosecution for infringement of the act either at Beauharnois or Montreal.

Hon. Mr. Campbell, who had charge of the measure, accepted the suggestion, and the clause relating to the prosecution was amended accordingly.

Hon. Mr. Sanborn objected to this long machinery, and expressed his fear that it would not work so well.

Hon. Mr. Bureau said that the difficulties his amendment were intended to guard against were precisely those which in the past had operated to the disadvantage of the Indians in question. It was not difficult to obtain judgement against trespassers, but it was extremely difficult to proceed to execution, and although there had been many judgements rendered, there had not been, as far as he knew, a single case in which an execution had taken place. The lawyers at Montreal were always sure to find some technical objection to the judgements of the magistrates, and so the law was in fact inoperative. If things went on this way for only five years longer, the wood on the public domain of the tribe would be entirely destroyed, and as they depended very much upon it or making a living, they wold have to dessert their old home.

The bill, as framed by the hon. commissioner of Crown Lands was perfectly just, and greatly desired by the tribe. What was absolutely necessary was that judgements should be followed by summary execution, and in consulting upon the subject with an eminent lawyer of Montreal he had told him (Mr. Bureau) that he knew of no means of reaching the desired objects butt hose adopted by and embodied in a law passed sometime ago in Australia. This law he said would effectually prevent protracted litigation, and he had given him a copy, of which he had availed himself in framing the amendment he had submitted. (The Hon. member spoke at considerable length, and with much animation, but though his voice was quite distinctly heard, it was with great difficulty that the purport of his remarks could be apprehended owing to the great reverberation of sound.)

After considerable discussion, in the course of which Hon. Mr. Olivier said he believed that the very principals of law advocated by the hon. member (Bureau) were already embodied in an Act found in the Consolidated Statues of Lower Canada. Hon. Mr. Campbell said that if such was the case it would simply be necessary to say in this Bill, that the mode of procedure would be in accordance with the Act stated as already in existence; and in order to afford time for enquiry; and in order to afford time for enquiry, so as to proceed safely, he would move that the committee do now rise, report progress and ask leave to sit again – Carried.

The committee rose and reported progress, and the Bill was ordered to be brought up in Committee of the Whole again, tomorrow.

The House then adjourned.