Gambar halaman
PDF
ePub

IN THE TITLE OF THE BILL,

Leave out from "amend" to "Act," and insert "the"; and after " Assembly" insert "and the Act respecting the Territorial Division of Upper Canada."

The said amendments being read a second time, and the question of concurrence put on each, they were severally agreed to.

On motion of the Honorable Mr. Christie, seconded by the Honorable Mr. Prince, it was Ordered, That the said amendments be engrossed, and the Bill, as amended, read a third time to-morrow.

Then, on motion of the Honorable Mr. de Blaquière, seconded by the Honorable Mr. Boulton,

[blocks in formation]

The following Petitions were severally brought up and laid on the table :—

By the Honorable Mr. Christie, of A. H. Cook, M.D., and others, of the Town of Brantford; and of the Brantford Mechanics' Institute.

By the Honorable Mr. Ferrier,-Two petitions of the Montreal Board of Trade.

By the Honorable Mr. Armand,-of D. Pelletier and others, Members of a Committee of a Section of the French Canadian Institute of Montreal.

By the Honorable Mr. E. H. J. Duchesnay,-of the Reverend L. T. Bernard and others, of the Parishes of St. Anselme, Ste. Claire and St. Malachi; and of the Reverend L. T. Bernard and others, of the County of Dorchester.

By the Honorable Mr. Prince, of J. M. Wellington and others, of Brighton, Colborne and vicinity; of Joseph Dodd and others; of John Callaghan and others; of Thomas Clarridge and others; of Joseph Wright and others; of Joel Hempill and others; of Joachim Diderich Hagaman and others; and of John Scott and others, of the Couuty of Peel.

Pursuant to the Order of the Day, the following Petitions were severally read:

Of C. S. Cherrier and others, of Montreal; praying against the passing of the Bill to provide for a new method of taxation in the said City.

Of the Municipal Council of the Township of Oxford, in the County of Grenville;

praying for the passing of measures for their relief, and for that of other Municipalities similarly situated, with regard to Railway indebtedness.

Of the Niagara and Detroit Rivers Railway Company; praying for an amendment of their Charter.

Of Alpheus Clarridge and others, of the County of Peel; praying that the late selection of Malton as the County Town of the said County, may be changed.

Of the Municipal Council of the Township of Sunnidale; praying for the passing of an Act to place resident and non-resident land owners on an equal footing as regards the payment of taxes.

Of Thomas Brown, Reeve, and others, of the Township of Saugeen; of J. Valentine, Reeve, and others, of the Township of Greenock; and of John M. Lumsden, Reeve, and others, of the United Townships of Arran, Amabel and Albermarle, in the County of Bruce; severally praying that the County Town of the said County may be selected according to the provisions of the Statute of 1858.

Two Petitions of the Corporation of the City of Toronto; praying that the Municipal Law, so far as it relates to Cities, may be so amended that only one half of the Members shall retire from the Council annually and be subject to re-election, and that the Mayor be elected by a majority of the Council from among the Aldermen elected by the Municipal electors; and also that power may be given to the said Corporation to determine the number of Police to be maintained by the said City, as well as the amount to be awarded for the service of the said Police.

Of the Corporation of the City of Quebec; praying for a certain amendment of their Act of Incorporation.

The Honorable the Speaker presented to the House a return of the Baptisms, Marriages, and Burials in the District of Montmagny, for the year 1859.

Ordered, That the same do lie on the Table; and it is as follows :—

(Vide Sessional Papers.)

The Honorable Sir E. P. Taché, from the Select Committee appointed to examine and report upon the Contingent Accounts of this House for the present Session, presented their Third Report.

Ordered, That it be received; and

The same was then read by the Clerk, as follows:

LEGISLATIVE COUNCIL, COMMITTEE ROOM, 4th May, 1860.

The Select Committee appointed to examine and report upon the Contingent Accounts of the Legislative Council for the present Session, beg leave to make their third report :— An account has been laid before your Committee, from Messrs. Thompson & Co., of this city, for eighty-six dollars and sixty-seven cents ($86 67) for two thousand five hundred (2,500) copies of the publication known as the "Mirror of Parliament," furnished to Members of your Honorable House, during the present Session.

Your Committee recommend that the above sum be paid to Messrs. Thompson & Co., but that in future the said publication be not subscribed for in the name of the House. An account has also been laid before your Committee from Mr. Théophile Hamel, Portrait Painter, of this city, for four hundred dollars, ($400) for his portrait of the Honorable Chief Justice Bowen, formerly Speaker of the Legislative Council.

of the late Province of Lower Canada. Your Committee recommend that this sum also be paid.

An account has also been laid before your Committee from René Kimber, Esquire, Gentleman Usher of the Black Rod, for eight dollars and eighty-fivecents ($8.85) for certain articles of furniture which have been placed in his office. Your Committee recommend that this sum also be paid.

Certain Officers and Clerks of your Honorable House have presented Petitions to your Committee, praying to be placed on a footing of equality as to salary with corresponding Officers and Clerks of the Legislative Assembly; and thereupon your Committee recommend that Mr. John McGillivray McLean, Junior Clerk in the Clerk's Office, and Mr. Antoine Alphonse Boucher, Clerk of Select Committees and Additional French Translator, have each an increase of salary to the extent of one hundred dollars per annum, commencing on the first of January last.

Your Committee have made inquiries as to the prices at which the Queen's Printer could furnish bound copies of the Consolidated Statutes of Canada, and of the Consolidated Statutes for Upper Canada and for Lower Canada, respectively, and have been informed, in reply, that these Statutes could be furnished at four dollars per copy, bound.

Your Committee recommend that this offer be accepted.
All of which is respectfully submitted.

E. P. TACHÉ,
Chairman.

Ordered, That the said Report be taken into consideration by the House on Monday next.

On motion of the Honorable Sir E. P. Taché, seconded by the Honorable Mr. Crawford, it was Ordered, That the Second Report of the Select Committee appointed to examine and report upon the Contingent Accounts of this House, presented yesterday, be now adopted.

The Honorable Mr. Crawford, from the Select Committee to whom was referred the Bill intituled "An Act to incorporate the Annuity and Guarantee Funds Society of the "Bank of Montreal," reported that they had gone through the said Bill, and had directed him to report the same to the House, without any amendment.

On motion of the Honorable Mr. Crawford, seconded by the Honorable Mr. Matheson,

it was

Ordered, That the said Bill be read a third time presently.

The said Bill was then read a third time accordingly.
The question was put, whether the Bill shall pass?

It was resolved in the affirmative.

Ordered, That the Clerk do go down to the Legislative Assembly, and acquaint that House, that the Legislative Council have passed this Bill without any amendment.

The Honorable Messieurs Vankoughnet, Harmaunus Smith, Macdonald, Moore and Tessier enter.

On motion of the Honorable Mr. Seymour, seconded by the Honorable Mr. de La Ter rière, it was

Ordered, That all the Reports of the Joint Committee of both Houses on the subject of the Legislative Printing, presented during the present Session, be taken into consideration by the House on Monday next.

The Honorable Mr. Panet, from the Select Committee to whom was referred the Bill intituled, “An Act respecting the Partition of Property acquired in Lower Canada, by "persons married in Foreign countries," reported that they had gone through the said Bill, and had directed him to report the same, with several amendments, which he was ready to submit, whenever the House would be pleased to receive them.

Ordered, That the Report be now received, and

The said amendments were then read by the Clerk.

On motion of the Honorable Mr. Panet, seconded by the Honorable Mr. de La Terrière, it was

Ordered, That the said amendments be taken into consideration by the House on Monday next.

The Honorable Mr. Vankoughnet, from the Select Committee to whom was referred the Memorial of the Honorable René Edouard Caron, presented their Report.

Ordered, That it be received; and

The same was then read by the Clerk, as follows:

LEGISLATIVE COUNCIL,

Committee Room, 3rd May, 1860.

The Select Committee to whom was referred the Memorial of the Honorable René Edouard Caron; praying that the Resolutions adopted against him on the 16th March, 1857, and appearing on the Journals of your Honorable House, may be re-considered by your Honorable House, beg leave to report:

1. That they find that the said Honorable René Edouard Caron was summoned to your Honorable House on the 9th day of June, A. D. 1841, and that in pursuance of such summons he became a member of, and took his scat as such in your Honorable House.

2. That on the 15th day of August, 1853, the said Honorable René Edouard Caron was appointed a Judge of the Superior Court for Lower Canada, in conformity with the Provincial Statute passed in the 12th year of Her Majesty's Reign, and chaptered 38, and thereupon entered upon his duties as such Judge, and continued to discharge the same until the 27th day of January, 1855, when he was transferred to a Judgeship in the Court of Queen's Bench, created by the Provincial Statute passed in the 12th year of Her Majesty's Reign, and chaptered 37.

3. That the said the Honorable René Edouard Caron discharged the duties of the said last mentioned office from the time of his said appointment thereto, until the 4th day of February, 1859, when he was appointed as one of the Commissioners for Codifying the Laws of Lower Canada, still retaining, as he does now, his position as a Judge, though the actual discharge of his judicial duties is suspended, while he is engaged in the said work of Codification.

4. That, from the time the said Honorable René Edouard Caron was summoned, as aforesaid, to your Honorable House as a member thereof, up to the time he was, as aforesaid, appointed a Judge of the Superior Court of Lower Canada, he, the said the Honorable René Edouard Caron, regularly attended the sittings of your Honorable House, and did not, for two successive Sessions during that period, fail to give his attendance in your Honorable House.

5. That in the first of the Acts above referred to, under which the said the Honorable René Edouard Caron was appointed such Judge as aforesaid, is contained a clause in the following words:

"That no such Judge shall sit in the Executive Council, or in the Legislative Council, or in the Legislative Assembly, or hold any other place of profit under the Crown, so long as he shall be such Judge."

6. That in the second of the Acts above referred to, under which the said the Honorable René Edouard Caron was appointed to the Court of Queen's Bench, is contained a clause in the following words:

"That no such Judge shall sit in the Executive or Legislative Council, or in the Legislative Assembly, or hold any other place of profit under the Crown."

7. That on the 12th March, 1857, the Provincial Parliament being in Session, the following Message from His Excellency the Governor General was communicated to your Honorable House :

"Edmund Head,"

"The Governor General, having had his attention called by an Address from the Legislative Council, on the subject of the non-attendance of the Honorable René E. Caron, and the Honorable Louis Méthot, for the last two years, recom

mends that the subject be taken into consideration by the Legislative Council, with a view to carry out the provisions of the 7th clause of the statute 3rd and 4th Vict., chap. 35.

"Government House,"

"Toronto, March 12th, 1857."

8. That on the 16th March, 1857, your Honorable House, after having resolved itself into a Committee of Privileges on the said message, adopted the following Resolutions, reported from the said Committee, viz. :

"Resolved, That it appears by the Journals of this House that the Honorable René Edouard Caron, and the Honorable Louis Méthot, have for two successive Sessions of the Legislature, failed to give their attendance in this House, without having obtained permission for such absence from Her Majesty or the Governor General of this Province, whereby the seats of the said Honorable René Edouard Caron, and the said Honorable Louis Méthot have become vacant;

"Resolved, therefore, That in pursuance of the eighth section of the Imperial Act intituled, 'An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada,' this House doth now declare, determine and adjudge that the seats of the said Honorable René Edouard Caron, and of the said Honorable Louis Méthot, in this House, are vacated.

9. That no notice was given to the said Honorable René Edouard Caron that such proceedings were about to be taken against him, or in relation to his said seat, nor was he heard, nor afforded any opportunity of being heard, against or in regard to the same, or in defence of his seat in your Honorable House, or of his right thereto.

10. That your Committee have searched and found but one precedent in the case of a Judge accepting office as such, while a Member of your Honorable House, and that is the case of the Honorable Robert Baldwin Sullivan, who being such Judge, for more than two successive Sessions, failed to give his attendance in your Honorable House, and in consequence the following Resolutions were adopted by your Honorable House, on the 12th day of June, 1851, as appears by your Journals, viz.:

"Resolved, That as it appears by the Journals of this House that the Honorable Robert Baldwin Sullivan has, for two successive Sessions of the Legislature, failed to give his attendance in this House, and that permission for such absence has not been obtained by the said Honorable Robert Baldwin Sullivan from Her Majesty, or the Governor General of this Province, and signified to this House, whereby the seat of the said Honorable Robert Baldwin Sullivan has become vacant.

"Resolved, therefore, That in pursuance of the eighth section of the Imperial Act intituled, "An Act to unite the Provinces of Upper and Lower Canada, and for the Government of Canada," this House doth now declare, determine and adjudge, that the seat of the said Honorable Robert Baldwin Sullivan in this Council is vacated."

11. That no Notice of such proceedings or intended proceedings appears to have been given to the said Mr. Sullivan, nor was he heard in the matter thereof.

12. That although several other seats in your Honorable House have been declared vacant under the provisions of the Act of the Imperial Parliament, passed in the Session held in the third and fourth years of Her Majesty's Reign, intituled, "An Act to reunite the Provinces of Upper and Lower Canada, and for the Government of Canada," by reason of Members having respectively failed to give their attendance in your Honorable House for two successive Sessions without permission, yet, it does not appear that in any case, save one, namely, the case of the late Honorable John Macdonald, was Notice of the proceedings, or intended proceedings, to render such Seat vacant, given to the party affected thereby, nor was he, in any case, heard thereupon in defence of such his Seat; and your Honorable House has on all such cases, save the case of the said Honorable John Macdonald, proceeded ex parte. The case of the said Honorable John Macdonald is to be found in the Journals of your Honorable House for the years 1847 and 1848.

« SebelumnyaLanjutkan »