Assembly Chamber, Upper Fort Garry
Thursday, 28 April 1870
The President took the chair at half-past eleven A. M.
The minutes having been read and approved,
Recess at noon.
The President resumed the chair at three o'clock P.M.
On motion of
Hon. Mr. Touron, seconded by
Hon. Mr.
Poitras, it was resolved that the report of the committee on the Local Laws
be taken up and considered article by article.
Hon. Dr. Bird moved the adoption of the first article. "That the heading 'Laws of Assiniboia, passed
by the Governor and Council of Assiniboia,' be altered to 'Laws of Assiniboia, passed
by the President and Legislative Assembly of Assiniboia' on the _______day of ______1870."
Hon. Mr. Bunn, seconded by
Hon. Mr. McKay, moved in
amendment that the article be adopted as it stands, filling up the first blank with
"26th," and the second blank with "April." The hon. gentleman argued that the date
ought
to be that at which the session began, as in law the session was supposed to be a
continuous session, and that every law was referable to the date at which the House
began to sit.
Hon. Mr. O'Donoghue strongly objected to the words "Governor and Council of
Assiniboia," in the original motion. The laws before the House were not the old laws
a
little altered. The old laws were taken as a guide, but none of them were adopted
without undergoing many alterations. He was of opinion that the first step ought to
be
the repealing of all the old laws.
Hon. Dr. Bird — As a matter of fact, none of our laws will be passed on the 26th April, and I do
not think that date should be inserted. Laws should not be made retroactive. If we
make them such, we render it possible for a person to be charged with a breach of
law which could not be known to him, for the very good reason that no such law was
in force at the time of his alleged offence.
Hon. Mr. Bunn maintained his position that the laws should date from the
commencement of the session. As to Hon. Mr. O'Donoghue's idea about repealing the
laws,
if adopted its effect would be to leave us without laws altogether. It would not be
wise
to repeal the old laws, until new ones had been sanctioned by the Executive.
Hon. Mr. O'Donoghue, seconded by
Hon. Mr. Poitras,
moved in amendment — That all the laws of the Governor and Council of Assiniboia,
as
heretofore in force, be repealed from and after the 15th day of May, 1870.
Hon. Mr. Bunn objected to the last amendment, on the ground that it was out
of place. At present the motion was merely to adopt a heading.
The President — I do not think it would be well to frighten people by
depriving them of all local law: Of course, even though there were no such laws in
existence, we would still be under the laws of England. But even though that were
the
case, it was best not to repeal the old laws until others were substituted.
Hon. Mr. O'Donoghue's amendment was put and lost on a division:— Yeas 8, nays 11.
Hon. Mr. Bunn's amendment was then put and lost on a division:— Yeas 2; nays 19.
And the original motion was carried on a division — Yeas 14, nays 5.
Hon. Mr. O'Donoghue — I think this Article is misplaced. We have not yet defined what the general law
of the country is, the fifth Article, which specifies that the law of England is to
be the general law of the country, ought to precede the one at present before the
House.
Hon. Dr. Bird — The article in question and many others might be changed in
position to advantage. But I had the idea that a Publication Committee was to be
appointed to revise all the articles and arrange them in order of sequence.
Hon. Mr. Schmidt — The report of the committee has been submitted to the
Legislative Assembly; and why should we not arrange it at once, without further
reference to committees?
The article was then carried.
Hon. Mr. Schmidt moved that all local enactments on record up to the 25th
day of April, 1870, "be now repealed."
Hon. Mr. Hay moved in amendment that the Article be laid on the table. His
object was to allow the old laws to stand till new ones were enacted.
No seconder.
Hon. Dr. Bird moved in amendment "As Hon. Mr. Hay's amendment has no
seconder," that the Article be struck out.
Hon. Mr. Fraser seconded the amendment which was carried on a division —
Yeas 15; nays 8.
Hon. Mr. Bunn, seconded by
Hon. Mr. Hay, moved the
adoption of Article I under the head "Administration of Justice," on striking out
the
word "That" at the head of the Article — carried.
Article II under same head being put,
Hon. Mr. O'Donoghue said he approved of the first five sub-sections of the article — although it seemed
to him that the Fort Garry district was larger in population than any of the others.
Seconded by
Hon. Mr. Olone, he moved the adoption of the first five sub-sections leaving the balance of the
Article to be dealt with separately as it would require attention.
Hon. Mr. Bunn moved in amendment that the word "that" in the first line of the article and the
word "all" before the words "District Courts" be struck out, and that with these alterations
the Article as reported be adopted.
Hon. Mr. McKay suggested that the period specified for holding the Manitoba Court be altered.— I
would say that the first Tuesday in June would be a better day for holding the Court
in that district than the fourth Tuesday in June.
Mr. Bunn, with the consent of the seconder and the House, altered his amendment in accordance
with this suggestion.
Hon. Mr. Garrioch — In the definition of the Portage district, what is meant by the extreme end of
the settlement? There were settlers at Rat Creek and White Mud River. Were they included
in that district?
Hon. Dr. Bird — In committee the White Mud River section was repeatedly mentioned, and was supposed
to be included.
Hon. Mr. Garrioch — White Mud River lies more in the vicinity of Manitobah
than of the Portage. I think it ought to be included in Manitobah.
In reply to Hon. Mr. Schmidt,
Hon. Mr. McKay said that in spring the people
of White Mud River had a better road to go to the Portage than to Manitobah.
Hon. Dr. Bird — By Manitobah the committee only meant the Lake Settlement
proper.
Hon. Mr. Garrioch moved in amendment to add the following words to sub-section 2: "And from thence
to the Rocky Island in Lake Manitoba."
After debate the latter amendment was withdrawn on the understanding,
Hon. Dr. Bird said, that the limits of the districts have been defined by the Legislature in a
general way; matters of minor detail, such as it alluded to, would be dealt with by
the Executive.
Hon. Mr. Bunn having put his amendment as a substantive motion, it
carried.
Hon. Mr. Hay moved in amendment that in future the House meet at nine
o'clock A.M. and sit till noon; and with a recess of an hour and a half for dinner,
sit
till five P.M.; and that members not in attendance punctually be fined, say, Ten
Shillings for each offence (laughter).
Hon. Mr. Bunn seconded the original motion, and the amendment, having been
ruled out of order, dropped.
At seven o'clock P.M. the House adjourned till one o'clock P.M., following day.
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