Session 1, Day 10: 26 March

NB: text taken from Archives of Manitoba, MG3 A1-15, Red River Disturbance collection, “Seasonal [sic: Sessional] Journal of the Legislative Assembly of Assiniboia, March 1870,” appears in black; text taken from other sources appears in grey.

Previous page: Session 1, Day 9: 25 March

~~~

Legislative Assembly Chamber, Upper Fort Garry

                                                                                    26 March 1870[1]

The President took the chair at 3 P.M.

Minutes of the previous sitting read and approved.

Hon. Mr. Bunn brought up his bill providing for the due administration of Public Justice, as reported by the committee appointed yesterday. The committee made several amendments to the bill, which they reported as follows:—

Bill.

An Act Providing for the due Administration of Public Justice.

Whereas it is considered expedient to provide for the due Administration of Public Justice,— Be it therefore enacted by the Legislative Assembly of Assiniboia:

1. That James Ross, Esq., who has been appointed by the Convention of Representatives to the office of Chief Justice of Assiniboia, be sworn in, and that the following hon. members be a Commission to administer to him the oath of office, viz, Hon. Messrs, John Bruce, Ambroise Lepine, A.G.B. Bannatyne, C.J. Bird and T. Bunn.

2. That all the Justices, Magistrates, and all the subordinate officials (as far as it may be deemed expedient and practicable) who held office under the Governor and Council of Assiniboia, be appointed and empowered to act in their several capacities under the Provisional Government, and that new Judicial Districts be formed, and new officials appointed where it may be deemed necessary — that is to say, in cases where the old officials cannot be reappointed on account of death, disinclination, or disqualification of any kind,— and also in cases where new Judicial Districts may hereafter be formed, as at the Portage, Oak Point and Manitobah; and that the salaries hitherto paid to officials shall remain the same until they have been altered by the Legislature.

3. That the days for holding the Courts be fixed as much in accordance with the regulations which have previously existed, as may be found expedient. That all Local Laws and regulations which were in operation under the rule of the Governor and Council of Assiniboia be adopted for the present,— it being always understood that wherever in those laws reference is made to the “Governor and Council of Assiniboia,” the “President and Legislative Assembly of Assiniboia” shall be substituted; and wherever the words “District of Assiniboia” are used the word “Assiniboia” will be substituted, and that the following gentlemen, viz., the President, Hon. John Bruce, Hon. A.G.B. Bannatyne, Hon. C.J. Bird, Hon. O’Donoghue, Hon. Mr. Bunn and James Ross Esq., be appointed to codify the Local Laws, suggest such amendments as may appear to them expedient; that this committee report to the Assembly at its next session; and that it is not considered expedient to hold any Court before the next session of the Legislature.[2]

The report was received and bill read a third time and passed.

The President then left the chair and the House then took a recess of fifteen minutes, during which period the Hon. A. Lepine was sworn in as a member of the Assembly.

The President having resumed the chair, the Chief Justice of Assiniboia James Ross Esq., took the oath of office administered to him by the Commission named in the first clause of Hon. Mr. Bunn’s bill providing for the administration of Public Justice. The following oath was taken by the Chief Justice:—

In the name of God, Amen. I, James Ross, do solemnly swear on the Holy Evangelists, and in the presence of Almighty God,— as I shall answer to God at the great day of Judgment, that I will faithfully and impartially perform all the duties of Chief Justice of Assiniboia. I swear that I will not bear envy, hatred or malice against any one, and that I will not act from fear, favor or affection or hope of reward in any case, but that I will faithfully act between all parties — So help me God.

Permission having been asked and granted, the Chief Justice briefly addressed the House.

Hon. Mr. Bannatyne seconded by Hon. Mr. Bunn, moved — that the Hon. Ambroise Lepine, Adjutant-General, be, and is hereby requested, to assume the command of the forces which this House has ordered to be raised for the service of the Executive,— Carried unanimously.

The President then addressed the House, announcing that the business of the Session was over, and urging strongly on hon. members the duty of doing all that lay in their power to promote a spirit of conciliation among the people.

The House was then prorogued till Tuesday the 26th day of April next.

~~~

Next Page: Session 2, Day 1: 26 April


[1] Bunn, Sessional Journal, 5-10; “Legislative Assembly of Assiniboia,” New Nation (8 April 1870), 2.

[2] Bunn, Sessional Journal, 78. See also “Legislative Assembly of Assiniboia,” New Nation (8 April 1870), 2; and Manitoba Legislative Library: Assiniboia, Provisional Government, 1869-1870. Legislative Assembly. Bill [no. 2]: An Act providing for the due administration of public justice [Winnipeg: Printed by the New Nation Printing Co., 1870]. Note the first clause, printed in the New Nation, is absent in the final, printed bill. It appears from the order of the minutes recorded in Bunn, Sessional Journal, 6, that it was only after James Ross was sworn in that “On motion of Hon. Mr. Tait, seconded by Hon. Mr. Bird, the names of Hon. Messrs. O’Donoghue and Bunn were added to the committee struck for revision and codification of the laws.”

~~~

Published 6 July 2011

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: