TO THE HONORABLE

Sir Allan Napier MacNab, Knt.

SPEAKER OF THE COMMONS HOUSE OF ASSEMBLY OF UPPER

CANADA,

&c. &c. &c.

THE FOLLOWING WORK,

"ON THE PRACTICE AND PRIVILEGES OF THE TWO
HOUSES OF PARLIAMENT,"

IS,

With his Express Permission,

RESPECTFULLY INSCRIBED,

BY HIS OBLIGED

AND OBEDIENT HUMBLE SERVANT,

Alpheus Todd.

PREFA CE.

The original intention of the present undertaking was merely to compile a second edition of a little volume called "The “Manual of Parliamentary Practice," by the late H. C. Thomson, Esq., but, on closer examination of that treatise, it was found so imperfect in its execution-and, from the limited resources at the disposal of the Compiler, so defective, that I was induced to attempt the present work, on a more extensive, and it is hoped, more useful scale.

From the peculiar, and non scripta nature of Parliamentary Law, it necessarily follows that almost every day brings to light. some new feature therein, or more clearly developes by practice the usage which formerly existed-to note, therefore, these developments has been my especial care, as may be seen by the numerous references-used not only for the collation of authorities, but for the illustration of points of practice-particularly to the Journals of both Houses, which are the fountain head of all Parliamentary Law. Research into the subject of the Privilege of Parliament has led me to concur in the opinion of Mr. Hatsell and others, eminent in the Legislative and Judicial Annals of our Country- that although the Privileges of the High Court of Parliament are of such magnitude as to be justly considered undefinable yet, that the privileges of each branch, however great, cannot be so considered. This opinion having,

B

in the present day, been much opposed, and by men whose names are entitled to the highest respect, I have been induced to bestow the greatest pains in the investigation of this subject, that an opinion upon such an important topic may not be lightly advanced, or be found destitute of the strongest proof in its support. The subject of Parliamentary law, however, undoubtedly has not, like the other branches of our jurisprudence, received that thorough investigation and illustration which its importance demands, but, as it has been truly observed by Lord Holt, if the lex Parliamenti be to any "a multis ignorata, it "is only because they will not apply themselves to under66 stand it."

The Chapter on Private Bills is arranged according to a revised edition of the Standing Orders, published in 1837 by the House of Commons, by which that intricate subject is divested of many of its extraneous branches, and materially simplified and improved.

This work having been professedly written for the use of a Colonial Legislature, 1 have not included within its limits the practice of the House of Lords as a High Court of Judicature for the trial of Causes on Appeals, but in every other respect, though intended for Colonial use, the Practice and Privileges of the Imperial Parliament have been endeavored to be elucidated.

Having availed myself liberally of the large resources within my reach, in addition to much personal experience upon the subject, I sincerely trust that the present work may be found of that practical utility which it has been my study and endeavor

to make it.

ALPHEUS TODD.

Toronto, May 1840.