Assembly Chamber, Upper Fort Garry
Friday, 6 May 1870
The President took the chair at half-past two P.M.
The minutes having been read and approved,
The President addressed the Assembly, alluding to the present excitement in
Canada concerning this country, and went on to say,— I desire to prove to the Canadian
Confederacy that here in Rupert's Land we are not divided — that we are acting in
concert — and that we protest against the sentiments recently avowed in public in
Western Canada, concerning us. But I merely submit the matter to this hon. House.
I do
not insist on it. If hon. members desire to adopt any such protest, it will be for
them
to say. It might, perhaps, be deemed unnecessary that this House should take any action
in the premises.
On motion of
Hon. Mr. Bannatyne, the consideration of the question was postponed, and
Hon. Mr. Bunn having taken the chair, at the request of the President, the House resumed the consideration
of the Law Committee report.
Article I under the head "Hay" having been put,
Hon. Mr. Hay, seconded by
Hon. T. Sinclair, moved that the time for cutting hay outside the four mile line be changed from the
twenty-first July, to the twenty-fifth July.
Articles II and III carried.
"That all public roads remain the width they have been laid out till other arrangements
are considered necessary by the Legislature."
"That all public roads shall be at least thirty-three yards wide, that is to say,
free from fences, buildings, or any other encumbrance or obstacle within such width
unless by public sanction."
Hon. Dr. Bird said — The amendment, even for what it was intended, is obviously too little. It
does not actually prevent the road from being narrowed. At present the principal public
road, chiefly on the west bank of the river, is two chains wide, and by passing this
law you enable the settlers to take each half a chain off its present width. This
can even be done in the town under the proposed article. On the other hand there is
the road across the main river which has been in some way used as a public road. In
some places it is a chain and in others only thirty feet wide. This road, remember,
is not a purchased road. It was given to the public by certain persons and extends
from the French Cathedral to somewhere about Mapleton. I have taken care to get some
information from the Inspector of Roads on this subject, and he says, in reference
to the public highway — It is defined in the Local Laws that it shall be two chains
wide. But I found part of it obstructed. The two chains were not given in these places;
and when the parties were asked to remove the obstructions they would not do so. I
bring this forward from the Inspector, to show that this road was never to say public
property. So much land was given by proprietors along the line of road on conditions
made with a former government that the road should not be above such a width. Under
the circumstances, and until other arrangements with the government are made by the
proprietors, it would be manifestly unjust to deal with this land as proposed. If
an order is given by the Legislature to survey a wider road, in that case property
holders have to get some compensation.
Hon. Mr. DeLorme did not agree with Hon. Dr. Bird. He knew that above, on
the main river, and the Assiniboine, too, the fences were sometimes disposed in such
a
way that the roads were only a few feet wide, and in consequence of this there was
hardly such a thing as passing on these roads in winter. They certainly are not made
wide enough as they are.
Hon. Mr. O'Donoghue said — There are a good many points in the Hon. Dr.
Bird's argument in which I cordially agree with him. Where a road two chains wide
has
been given to the public and used as such, it should remain a public road,— more
particularly in the case of a leading highway, such as the road on the west bank,
that
through the White Horse Plains district, and that threading the lower districts. These
are the three principal thoroughfares, and no one, I am sure, would desire to see
them
narrower. I can easily imagine too that there are places on, perhaps, both rivers
where
the roads could not be made the full thirty-three yards wide without causing great
annoyance and expense to private persons and to the public as well. Houses and fences
might have to be removed and paid for, and other expense incurred. Roads had been
opened, such as the Hon. Dr. Bird referred to, where land had been given liberally
by
the people themselves, though not to the width of two chains. In these cases, should
the
Legislature determine on widening the road to two chains, they might have as I said
not
only to remove several houses, buildings and fences and compensate the owners, but
they
would also have to buy the additional land required. Where the two chains were not
given
already, and the public desired the full width, the additional land would certainly
have
to be bought by them; for if a man is generous enough to give the public thirty feet
at
one time, if by-and-bye they need sixty feet, they must certainly buy the remainder.
In
conclusion the hon. gentleman said he would support the motion.
Hon. Mr. McKay supported the amendment, believing that roads ought to be at
least thirty-three yards wide. He did not think that any person had a right to put
up
fences and make the road narrower than at least thirty-three yards. Because in one
section of the settlement the road runs through a beautiful forest, and is narrow,
that
is no reason why the rest of the Settlement should be deprived of good roads. In cases
where the road ran through heavily timbered land I would have no objection to its
being
only twenty feet wide. But in the other sections, where there is no forest, I think
it
ought to be as wide as possible,— say two or three chains.
Hon. J. Sinclair said — I think it is not very hard to have a road two
chains wide up here where it is all plain: but below if you want to make the road
of the
width mentioned in the amendment you will have to pull down a great many houses and
fencing.
The amendment lost on a division — Yeas 6; nays 15. And the motion carried — Yeas
13; nays 3.
Article II carried.
On motion of
Hon. Dr. Bird, seconded by
Hon. Mr. Hay, Article III carried, with the addition of the words, "as well as for all damages
caused by neglect of his duty," after the words "public works," in the fifth line.
Article IV was as follows:—
"IV. Every person who gives or sells fermented or spirituous liquor to Indians outside
of the jurisdiction of any Court, but within the bounds of this country, shall be
liable to a fine of not more than twenty-five pounds sterling."
The House took a recess for fifteen minutes.
Business having been resumed, Article XVII, which had been postponed, was put, as
follows:—
"XVII. When a Judgment debt is not paid at the time appointed by the Court, the Sheriff
shall be obliged, at the request of the creditor, and on presentation of the record
of such judgment, signed by the Clerk of the Court, to proceed at once to seize the
goods and chattels or other property of said debtor; and on giving fourteen days public
notice, to sell the same by public auction, so far as necessary to satisfy the debt,
and all necessary expenses connected with such sale; provided always that said debtor
be not deprived of necessary household furniture or utensils, or of such implements
as he must necessarily have, to carry on his usual trade. Failing such goods, chattels,
or other property available for Sheriff's sale, the debtor may be imprisoned on the
conditions specified in local law, No. 13."
Hon. Dr. Bird, seconded by
Hon. W. Tait, moved that the Article be adopted, with the following amendments:— That the words
"animals or" be inserted before the word "implements" in the sixteenth line [of the]
printed report, and that the word "avocation" be substituted for the word "trade,"
in the eighteenth line — Carried.
This finished the Law Committee report.
Hon. Mr. Hay, seconded by
Hon. Mr. T. Sinclair, then
moved that every member serving on any committee be allowed twenty shillings per diem
for every day he serves, and that the hon. the Treasurer be authorised to pay this
amount.— Carried.
The House then adjourned.
This individual participated in:
