PRIVILEGES. 
117 
next day. In the House of Commons the Speaker may, 
if the necessary number of members be not present, adjourn 
the House as soon as he takes the chair, and is bound to 
do so if his attention is called to the fact that there is no 
quorum present and such proves to be the case after counting 
the House. A count out is very rare in the Canadian 
House of Commons? 
5. PRIVILEGES. 
By the British North America Act, s. 18, power was Power to 
given to the Parliament of Canada to define the privileges, Be es 
immunities and powers to be enjoyed by the Senate and 
House of Commons, but a proviso was added, that the same 
should never exceed those “at the passing of this Act” 
enjoyed by the English House of Commons. As it was 
doubtful whether the words “this Act” applied to the 
British North America Act, 1867, or to any Dominion 
Act passed to define the privileges of the Houses of 
Parliament, it was enacted by the Imperial Act, 38 and 
39 Vic. c. 88, that the privileges to be enjoyed should not 
exceed those enjoyed by the English House of Commons 
at the time of the passing of the Dominion Act. 
By c. 11 of the Revised Statutes of Canada the Senate Privileges 
and the House of Commons respectively and the members Sold, 
thereof are to hold and enjoy “the like privileges, immunities 
and powers as at the time of the passing of the British North 
America Act, 1867, were held, enjoyed and exercised by the 
Commons House of Parliament of the United Kingdom and 
by the members thereof so far as the same are consistent 
with, and not repugnant to, the said Act.” Such privileges 
are to be noticed judicially in all courts in Canada. 
The Canadian Act does not attempt to enumerate the 
! Senate S. 0.,5, 6. Com. 8. 0, 1, 4. 2 Burinot, p. 248.