Edited Text
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The Colon
. PRINCE EDWARD ISLAND ADVERTISER. _ —o
“AND
BHerald,
ae
——
Core
_ New Series.
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—
CHARLOTTETOWN, SATURDAY, APRIL 10, 1841.
i
- J
[No. 193,
HOUSE OF ASSEMBLY.
Wepnespay, March 24.
JURY BILL.
Read a third time, as engrossed, the Bill intituled “An Act to regu-
late the qualifications of Jurors.”
A motion being made, that the bill do pass,
Mr. PALMER said, that this Bill, if carried into effect, would
operate a very important change in the jury system; but he
It was not adapted to the
' state pf this country. He, for his part, knew no defect in the
: If there be be any irregularity in the return of
& and jurors, the same is supposed to have originated from one cause,
If he is
feared it would not be for the better.
‘present system.
that is, in the conduct of one of the County Sheriffs.
“ane ycensurable in his official conduct, let him be removed, and not
Cr lot of Iter the jury system on his account. He here spoke as to the
Lene onduct of persons now appointed to return jurors; he said that
; othert heir conduct stood quite unimpeachable. With regard to the
bh individuals to be appointed under this Bill for that purpose, he
ber ‘could not anticipate any favorable result. The mode of return-
apers, ‘aning jurors by this Bill, appeared tobe very objectionable. By
Cian ‘this mode, a suitor will have it in his power to become acquaint-
kinds: a with the jury who are to try his case before the day of trial
i Wharrives, and would thereby be enabled to practise on and win
erat jurors over to his interest. But such is not the case at present;
’
“for none but the Sheriff knows who are to be jurors until the day
great
Winter by the Bill.
nd Cufis, age, for reasons already declared to this house; and as a pro-
H Pride: fessional man, he felt it to be his duty to oppose it now, in its
‘ik be Teast stage; and would therefore conciude, by moving, as an
. tae endment, that the said Bill do pass this day three months.
: Won Mr. THOMSON conld not coincide in opinion with the hon
orstel.eand learned member for Charlottetown, who said that this Biil
‘tons, aidewould be the means of depriving the country of the services of
*# commemany men who aie otherwise well qualified to sit as jurors
Slack ¢ _ This would not be the case; for after this Bill passes into a law
b.
les L rtant charge out of their hands, which they themselves ought
‘ed "Peale be glad of, and confide it to men who, if not beyond the in-
the Inhabitants, than one single person can have.
not take its rise from any special cause
bers. He
yao ‘ortant. The system has undergone a material alteration in the
qui vince of Nova Scotia, where it no doubt works well. The
pice ypulation of the Tespective Counties of this Island far exceed
' La at of any County in Nova Scotia, with one or two exceptions;
> vee -nd for that reason he thought that no difficulty could be experi-
ee ced inthe choice of proper Jurors. If it were for no other
Merched pose thati to prevent the too frequent recurrence of granting
ndsor Soap, ae trials, which he conceived an intilligent jury would, in some
A Redwood deasure, prevent, he conceived that alone a sufficient cause to
“Heese; MaliBSS the Bill. With respect to suitors practising on jurors before
Atahies* day of trial, the mode adopted in the Bill of drawing juries
Salts, Casta@™St effectually prevent that, and be the very reverse of that at-
7 pted to be set up, as the defective working of the Bill; for the
sme liniment 2X in which the Jurors’ names are to be placed would be seale«
and be beyond the power of any onc to inspect ; but by the pre-
plaints, t system, a party may know from the Sheriff who those per-
ns are that are to be jurors—nay more, by the present system
Anderson's Here is a possibility of a Sheriff selecting a jury to try a friend’s
of trial.” He would here repeat what he had said on a former
St y, that Magistrates would be influenced by the same motives
r re = now are supposed to sway some of the Sheriffs in the dis-
— charge of their duty. By this Bill, the most of those who are
abies qualified to sit as jurors weuld be precluded, forsooth,
“because they are not possessed of ali the qualifications required
He (Mr. P.) had opposed this Bill through every
uence of party faction, had at least a more general knowledge
This Bill
as alleged by hon.
(Mr. T.) had thought, long before he saw this
land, that a change was much required in the mode of return-
jurors, and that those general!y selected as Grand-jury-men
ould be petit Jury-men, as their decisions were the most im-
| otherwise well qualified to sit as such.
Bill are not to be expected from an infant Colony like this.
ascertain the qualifications required by this Bill.
hon. member who had just spoken.
would only be continuing a. great evil.
by one.
sophistry har but little effect on the better judgment of the House
years.
proper then to-go into details. He, however, differed from hon
Bill would debar many useful men from becoming jurors. No
called upon to serve as jurors.
doing so.
-|do not own any individual property.
he would be allowed to sit as a juror.
Wenpnespay, March 31.
under the Boundary Act, with reference to Lot Three.
of the whole House on Friday next.
following:
Your Committee to whom was referred the Petition of divers
Inhabitants of the North and South sides of the Hillsborough, nrayine
for a grant of money to build a Scow fit for the conveyance of cattle
across the River, at M‘Connell’s Ferry, and an annual allowance to
the Ferryman, also for the establishment of a Post office at or near
Fort Augustus, are of opinion, that the accomplishment of the objects
prayed for, would be an essential benefit to the Petitioners, but regret
they cannot recommend the establishment of a Post office at present,
as the carrying of ‘a Mail thither would be attended with considerable
expence and inconvenience, from the cireumstance of there not being
a regular established Ferry at M‘Connell’s. In regard to the buildine
of a Scow, and an annual allowance to the Ferryman, your Commit-
;|/tee recommend to the House to grant and place at the disposal!
of His Excellency the Lieut. Governor the sum of £18. to he paid
to such person or persons as shall provide a Scow fit for the con-
veyance of cattle over the said Ferry, also one flat-bottomed beat
for the conveyance of passengers ; and who shall enter into-a contrac:
to keep the said Ferry for any term not less than three vears + and
e When in Committee, he
| opposed it, on the ground that the qualifications required by this
If
the colony were ripe enough for the change, he questioned much
whether it would be in the power of the Magistrates or Sheriff to
Mr. MACINTOSH did not concur in what had fallen frora the
He considered that if the
selection of jurors should be left to the Sheriff, as at present, it
He had no doubt that a
selection made by half a dozen honest men would be better than
The hon® and learned member for Charlottetown had
spun out a very fine and long yarn on the subject; but his
He has not shown, by any of his arguments, what disadvantage
would result to the country by the adoption of this measure. All
his endeavours were directed to shew how admirably the present
Act worked. Mr. Macintosh here spoke at some length on the
conduct of the Sheriff of King’s County, and concluded by saying,
that he felt inclined to give the measure a trial for two or three
Mr. D. MACDONALD said, that the principle of the Bill was
so fully discussed, on its second reading, that he did not think
members who thought that the qualifications proposed in the
he (Mr. Macdonald) never saw or heard of.a juror, who was not
possessed of the low property qualifications required in the pro-
posed Act, and it was highly necessary that jurors should have] |
sone little stake in the Country; and he was sure that young men
would not very often deny their qualifications,to evade their being
For his own part, he had never
sat in a Jury box, but would embrace the first opportunity ~of
Mr. DALZIEL said, that this Bill went rather far, in precluding
many very competent persons from sitting as jurors, who, per-
haps have not the qualification of property. and more especially
the rising generation, who are still under the paternal roof, and
With respect to the quali-
fication of moral character, he could not see how that was to be
ascertained. Jfa man, in going to Court, should happen to take
‘la little drop extra, and stagger on his way, then by this Bill his
; : : A ,| moral character would be questioned, and ten chances to one if
@here will be nearly as many qualified to act as jurors as there 4 ; :
vd prices. ire at present. The property qualification of jurors was not the
‘Seven lOttiehief motive that induced him to bring forward this measure.
: {t was the suspected partial selection of jurors, made by Sheriffs,
SOF, SOMRhat he wished to provide against; he wished to take this im-
The question, “That the Bill do pass,” was then put,
and carried, on the following division:—Yeas, 12. Nays, 9.
Mr. Rae reported from the Committee appointed to take
into consideration the proceedings of the Commissioner
Ordered, That the said Report be referred to a Committee
Hon. J. S. Macronatp, from the Committee to whom_the
Petition respecting M‘Connell’s Ferry was referred, reported the
Lachenr ani Rae.
Ordered, That the said Bill be engrossed.
being read; -
Committee.
follow :—
poses, and the several Acts in amendment
pended forone year.
Appendix to the Journals.
ing Resolution ‘—
and as transmitted from the Home Government,
tion of the Boundary Act.
S| worth, Maclean and Palmer against it,
to an indefinite period.
For agreeing to the Report, Yeas—18. Nays—Messrs. Le
The Bill to amend the Act relating to Weights and Mea-
sures, was read a third time, passed, and sent to the Council. |
The Order of the Day, for the House in Committee on the
Report of the Special Committee appointed as to the pro-
ceedings of the Commissioners under the Boundary Act,
The House accordingly resolved itself into the said
The Hon. J. S. Macdonald (the Chairman) reported, that
the Committee had come to two resolutions which Reso-
lutions were again read at the Clerk’s Table, and are as
1. Resoxvep, That it is the opinion of this Committee,
That itis expedient that the Act, 4 Will. 4, cap. 15, for ascer-
taining and establishing the Boundary Lines of Counties
and Townships, and parts of Townships, and for other pur-
thereof, be sus-
2. Resotvep, That it be recommended to the House,
that the Report of the Special Committee be printed as an,
The Resolutions were agreed to, 15-to 4, after several
motions in amendment had been proposed and négatived.
Mr. Rae then moved that the House do come jg the follow-
Resolved, That last vear it was considered necessary to sus-
pend the Boundary Act in regard to Prince County. and from
evidence before the House as to the descrintion of Townships
and the plans thereof. and from the gross inaeenracies in the
Tabular descriptions. hoth in the office of the Surveyor Genera!
] and from the
very unfair practices of some Survevors in former times in setting
the boundaries of Townships. and from the absence in many
instanees of endnring natural land marks, and from many
Townships being uninhabited, no distinct rememberance being
handed down as to the Bonndaries of said uninhabited Town-
ships—therefore the Commissioners appointed under said Boun-
dary Act have not snfficient data to enable them to ascertain
such boundaries. and that the only remedy which appears. appli-
cable to these inaccuracies, is the Survey of the whole Island :
bnt that in the present circumstances of the Colony. and at this
late perind of the Session. the House of Assembly can see no
mode of acting so jnstifiable and so safe as to suspend the opera-
Which was. carried. 16 voting for it, and Messrs. Long-
Satunnay, April 3.
read the first time.
divided:
communication with Nova Scotia, &c.
Mr, Rae presented a Bill to suspénd for a limited period
the oneration of the Boundary Act, which was received and
The standing order heing susnended, the said Bill was
acain read. and thereupon committed to a Committee of the
whole House. and reported, without any amendment.
On “the question for receiving the Report, the House
Yeas. 12—Navs. Messrs. Thomson and Rae.
Mr. Beck reported the following Resolution from the
Commitee of the whole House, on the subject of Steam
Wuenrras, it appearing to the House of Assembly, that
His Excellenev the Lieutenant Governor, since the Reso-
lutions of this House passed on the 4th March, 1841, relating
to the procuring of a Steam-vessel, has not, up to the pre-
an Address and Resolution from the House of Assembly of
Prince Edward Island, having in -view an application,
through me, to the United States’ Government, for assist-
ance towards the construction of certain Light Houses on
the coast of that Island. : i
It reply, 1 beg to acquaint your Exeellency, that it appears
to me inexpedient to make a communication of this nature
to the Government of the United States, and I must there-
fore express my regret, that I cannot meet the wishes of the.
House of Assembly of Prince Edward Island in this matter.
T have, &c. ee
+ _ (Signed)
His Excellency Sir C. A. Fitz Roy, K. H.
Prince Edward Island.
SypEnHam.
‘The House went into Committee on the State of the
Colony, when the proposed Joint Address to the Queen, on
the subject of the Land Settlement question, was taken in
consideration. The following Resolutions. were reporte
from the Committee:
1.Whereas the Legislative Council have, by conference, sub-
mitted to this House, for its adoption, the draft ofa Petition
to Her Majesty, setting forth—* ‘That if by the purchase of
“these lands from the Proprietors, they were again rein-
“ vested in the Crown, for the purpose of being again re-
“ pvanted in small tracts to the tenantry and settlers thereon,
“ it would be hailed by the inhabitants of this Island as the
“ greatest boon which your Majesty could bestow upon them,
“and would, as your Petitioners conceive, be productive of
“great and permanent benefits to the Colony. The
“ Council are,
“at the same time, aware, that this most desirable ob-
“ ject cannot be attained without the advance in the first
“instance of a much larger sum of money than the Legisla-
“ture of this Colony can command, nor without the free and
“ voluntary consent of the several Proprietors to dispose of
“ their lands, being first obtained :”
Resotvep, That were the tenants and occupants of land
settled thereon, so as to Secure to them and_ their descen-
dants the improvements made upon the land at their cost
and labour, it would be the greatest benefit which: Her
Majesty could bestow upon this Colony; but this Committee
cannot, directly or indirectly, acknwledge, that the original
Grantees, their heirs and assigns, have a good or valid title
to the lands of this Island, when the conditions contained in’
their grants are not performed, or that the proprietors of
such grants should take an undue advantage of any indul-’
gence from the Crown (which indulgence ts not founded on
The Bill to amend the Act relating to the admission of | {aw or equity) to impose a high rent upon their fellow sub-
Rarristers, Attornevs and Solicitors, was read a second !
time, when the further consideration thereof was postponed
jects for such lands, accompanied with conditions, evidently
with a view to resume the land, together with the tenants’
improvements, when it is cleared and brought into cuitivation.
That this Committee entertain a high opinion of the wis-
dom and justice of Her Majesty’s Government, and that Her
Majesty on being informed that the Proprietors are unrea-
sonable in their demands, will not continue indulgences to
enable them to oppress the greater portion of Her subjects
who have cleared the land and improved this Colony. And
as the Legislative Council has not shewn that the Proprie-.
tors have any other claim to the lands but through the spe-
cial favour and indulgence of Her Majesty’s Predecessors, by
withholding the appointment of a Court of Escheat—nor the
reason why such favour and indulgence should be charged
upon the inhabitants of this Colony—therefore, this Com-
mittee cannot recommend to the House to petition Her.
Majesty to negociate for the purchase of such: claims with pro-
prietors who are not disposed'to submit to an equitable ar-
rangement, as provided for in a Bill passed by the House of
Assembly in its last and present Sessions, intituled “An Act
to authorize the Crown to purchase the Lands, and to regu-
late the settlement of the inhabitants, &c.” ‘
2. Whereas this Committee are led to believe that many o'
the tenantry, illiterate persons, have been constrained,
through fear of distraint and ruinous law proceedings, to give:
Bonds or other obligations, the nature of which they did not
understand, to the Proprietors and their Agents for arrears of.
rent, which they are nnable to pay, and that were Her Majesty
graciously pleased to grant any sum of money to purchase
the lands from the Proprietors, as prayed for in the Petition
of the Legislative Council, such purchase by the Crown,
would not secure.a settlement to such Tenants, as the Pro-
prietors or their Agents holding such bonds or obligations
would in-all probability, and might at any time recover the
Lands again for the consideration stipulated in said bonds or __
obligations: — Resolved, therefore, that there can be no hope of
a settlement for tenants and occupants of land, but by an
Act of the Colonial. Legislature, or of the Inyperial Par-
liament, similar in its provisions to the Bill passed by this
House in its last and present Sessions, and rejected by the
Legislative Council.
3. REsoLvep, That it be recommended to the House, to ap-
point a Committee to prepare and draw up amendments to
mot and Bf, OR eye hie OND xa ; that an address be presented to His Excellency, respectfully request-|sent period, been able to procure tenders for the furnishing
er, Macassri- pe asec said, it was not his intention to say much | ing that he will ge to cause the said Ferry sags ed. of any Boat, Of anfficiont power and accommodations to
ee subIect, As Ag principle of the Bill has been conceded] ..iine for tenders for the conveyanee of passengers, their luggace| perform the services reauired by the second of the said
ilnable and of ple oh 0 ae nal He had no objection to the pre-| and cattle, over. the said Ferry, and offering the aforesaid bounty | Resolutions :—FRecolved, therefore, That it is expedient to
ess and ches Diet bra, nh that the ae ayers rns pine to such person or persons 2s shall undertake the Ferry at the lowest | authorize His Excellency to accept the services of the best
inal BR. ont | petites agg 5 wonld fost Peet uae ee eet i as rates of Ferriage, subject to the approval of His Excellency in} anq most efficient Steam boat that may be attainable, dor the
Te 4 %, t most perfect, would have the effect of purifying, in a mea- lenis of Mr. Rae, the sum recommended to be paid RenpoRe of carrying the Government Mails of this Tsland
6, by te. this fountain. He would not have hon. members believe. | on behalf of the said Ferry was reduced to Twelve Pounds. during the summer of the present year, and so long therein
wnded, ae it what he meant was directed against the representative of | phe Report ded. was then adopted, and ah Address asthe navigation shall remain open: and in the event of no
pore ijesty; no, he was not the corrupt fountain; he knew as little de pg — amen - 7 His E e ‘se in ped ee Boat being had hefore the 21st day of April, capable of
Peal by ‘i t the fitness = — to act other y as joo gt ised of Se catane SN ace ed BERsOrTDE we neviers required 2 He sae second Rasa:
“sie ina; but it is his bad advisers who are censurable for their ‘ : is ca a ution, that His Excellency then be humbly reanested to
ela sel, in recommending unfit persons as Sheriffs. The hon. The rest of this day was spent in Committee on the Edu- dispense with the Bee of running between Charlotte-
: 3s. Henin member for Charloitetown had remarked how far an | Cation Bill. town and Miramichi, and accept the offer for any Steam-
d ividual appointed as juror might be tampered with by the un- : : boat that to His Excellency may be considered sufficient
3s. cipled. If an individual juror 1s so easily drawn aside by Tuorspay, April 1. : ._ |for the aforesaid purposes, twice a week, between Charlotte-
Holy ‘ Prices of suitors, how much more so would that Sheriff be, é Mr. Le Lacheur moved, that the following Address to Hie! en and Picton, and once a. week, or once a fortnight,
9 meets with more sige Feat se in his way than the juror. — Excellency the Lieutenant Governor do now pass :— hetween Pictou and Georgetown, at any sum not exceeding
Giarhes? Ecal? Pan ae poe a a og te afinnnces — To His Excellency Sir C. A. FITZ ROY, K. H., Liewenant | £350; and that the House. when in Supply, do grant the
dope sriff of King’s County, against the men of the same County, Governor and Commander in Chief, §e. &e. &e. jsum of £550, as agreed to in the meeond ro here
, Last, jhe memorable riot case. The hon. member for Charlottetown May it please your Excelleucy; wciieodns ro gy tag ina dg pantie for the titremnid
. mee sr pete bag as aig 8 12 henge diane ——— The House of Assembly having ascertained that the road aie ele a
i, _ a asted 2d but that hon. een ze are forget to tell us, ers — oF lie ‘Moh tage River, #6m the wait ayaa _ Mr. Clark moved, as an amendment, that the following be
ie “yam — he same breath, that they were allowed to summon the jury, ne ae of Mr . George Aitken’s Farm, leading to c6ee adopted, instead of the foregoing Resolution :— :
oa arosecute, to stand as witness, and, in fine, to act as execu- Andrew's Point, ‘has, ‘by the washing away of ihe al >| Whereas it does not appear that, as yet, an efficient
me York er—and all this in their own cause—in the vindication of become 'so ones as to render it dangerous pase om: Steam-boat has been offered to the Government, for the
* irown conduct. This Bill will remove, in a measure, these act othe 6 logree ‘eselsée 1n ‘Its ‘proses re sid : performance of the services required by the Resolutions of
jamin If the present mode of appoiting Sheriffs were altered some! of thie Secuyrore Gt” the forms is the rear of said road} ih, 4th of March last :—'herefore, Resolved, That an humble
‘ % 'a better one, he would have less objection to the present jury have refused to remove their’ fences, unless compensation be | Address be presented to His Excellency the Lieutenant
‘in Jllet, 4 e™- When we consider how much is placed at the disposal | given them, as prayed for in a petition presented to this) Go carnor: respectfully requesting that he will be pleased to
eriffs, namely, the character, the property and the life of the | House, and referred to a Committee, who have reported | use a Contract to be entered into, for the conveyance of
riNiam ject, it behoves us that we be watchful, that the persons fill-|that it was inexpedient to grant such compensation ; the the Mails, twice a week, between this Island and Nova
% ‘so important an office should be men in whom the utmost | House of Assembly, therefore, fully relying on your Excel- Scotia, from the opening to the closing of the navigation,
notes of _t might be reposed. All that we require is, that the fountain |lency’s desire to promote the general convenience and ad- during the present year—the said Contract to be let to the
present pelea d ae dip Ms cam ages arte = se ~~ vantage of the inhabitants, respectfully request, ‘that. your ‘person who may make the lowest offer for the same.
; object is os voi mi No one oa oes ont el Excellency in Council will be pleased to adopt the necessary |" "ry, original Resolttion was carried, on the following
een at. sed for one moment that a number of men will be more — _ sa ee Cla ane peepebne: Yeas, 12. Nays—Messrs. Clark, Rae, Gorman, Macneil,
i ; i ir wr i ae é : . Aes Fraser, 5. :
ted - yn men ape Seana ieaere ah ee “Shall the question be on put?” ss te hee ‘ The Bill for the encouragement of Education was read a
“meet of course that a number of Magistrates will turn out Which being seconded and put, passed In the negative. | wird time, passed, and sent to the Council for concurrence.
many 2 Were it not for the selection of jurors, made by the| Resolved, That a Message be sent to His Excellency the
( maslltcentco ‘ hay baa vig . © | Lieutenant Governor, praying that he will be pleased to ‘Monpay, April 5.
leer Scotty 4, WW of King’s County in the ever mennorable riot prosecution, 3 * b ; Be 4
| Would not have those poor fellows now pining away in| cause Tenders to be called for, and a Contract to be entered| qe Boundary Act amendment Bill was read the third
D. Is. etown Jail. It is now high time that an end be put to such into, for the conveyance of the Western InJand Mails, week- time, passed, and sent to the Council. en ae
J. Graham m as this; he would therefore vote for the Bill to pass. ly, from Kildare to Tignish—and also to appoint a Postmas- Mr. Palmer reported a Bill for establishing a more effec-
poems, js. - YEO was opposed to the principle of the Bill, from its | ter at Tignish. aml b tual system of Police in Charlottetown, which was read the-
js. eading to the present stage. The more he considered it the Ordered, That Messrs. Gorman, Palmer an bg ph D first time, and set down for a second reading on Tuesday.
js. ‘he felt justified in opposing it. It is a measure altogether|a Committee to wait upon His Excellency with the sai ‘A Message from His Excellency the Lieut. Governor.
poems, 9, led for. If the people of King’s County felt any inconve- | Message. us tle Mr. Secretary Haviland, by command of His Excellency,
_ js 2 in the return of jurors, he would have no objection to con-| An engrossed Bill from the Council, intituled «An Act to| delivered the following Message:
-Hamilto™ ~~ Ge Bill to King’s County. This Bill, if it were even neces-| compel Constables to serve,” was, according to order, read|@ 4 FITZ ROY, Lieutenant Governor.
ted from 18 | Listing ap Our peinlatipa. 15 but ey ee Apaeets a second time ; and thereafter committed to a Committee of| “The Lieutenant Governor lays before the Honse of As
arison to the neighbouring Colonies. ie yo | the whole House. : sembly, the copy ofa Despatch from the Right Honorable
on th 3 te he oni jujanaun Dae ReEaRy : CRE won Ms aie le The Comittee rose without reporting—so the Bill was lost. | Lord Bydediherh, Goverigr General of these Provinces, in
sage "i peut tie ine in. his official sapaeitys pheno pai The House then went into Committee on the Message reply to an Address and Resolution of the House of. Assembly,
ae ei exter EscrHeney ? have 7 patie ehcp Pati from His Excellency, with the accompanying veined ote praying ~the Lieutenant Governor, to. enter into com-
.. Paley, vy, individual. . ls sa esas wae ph he felt himself] relative to the employment of a Steam-vessel, when a KesS0-| munication with the Governor General, to ascertain how
work up gs, 2d in voting against the Bill j lution was agreed to. far the United States Government may be willing ~ con-
js GORMAN said, that as the present Sheriff of King’s Report to be received on Saturday. tribute a portion of the funds necessary to defray t aan
ith, is not appointed for life, the people can soon get rid o : and maintenance of Light Houses on the coast of this Island.
di some if he is So great a nuisance to them. He (Mr. G.) had Frivay, April 2. : a Government House, 5th April, 1841.
0 Locke, J ho strong. objection urged against the present system. The Order of the Day, for the House in Committee on the 3 *s
writings a OM ily reason assigned for this measure is,that one of the present | Education Bill, being read ; : f : GovernmEnT HovseE, Coan ats
ER re prov why etfs amr therefore the old system must be} The House accordingly resolved itself into the said Com- ‘ i arch, 1841.
ea a »pted. Sa TR 5 : s
'TGOMERY said, if the Bill passes, it will deprive rhe Chairman reported, that the Committee had gone through} Jhpave the honor to acknowledge the receipt of Lope
ntry of the services of many good jury-men, who are| the Bill, and made several amendments thereto. Excellency’s Despatch of the 27th ultimo, covering copies o
\
be offered to the Petition sent down by the Legislative Coun-
cil, for the adoption of the House of Assembly.
The Resolutions were all carried in the affirmative—_
Yeas, 15. Nays, Messrs. Palmer, Hudson, Longwort 1, Be
Mr. Hudson, from a Committee of the whole House, re-
ported, that they had adopted the following Report:
Your Committee appointed to report on the best site of a
Light House for the Harbour of Charlottetown, the least.
expensive mode for its construction, and the manner in
which it shall be maintained; have, after obtaining every -
information on the subject, come to the opinion, that the-
Western Point of Governor’s Island is the best site for its
erection; aud your Committee herewith respectfully submit
a Plan of a cheap description of Light House, with an esti-
mate of its probable expense, which they recommend for
the adoption of the House; and also, that the House do
provide for the amount required for its erection out of the
moneys collected: under the operation of the Light Duty
Acts. Sy
On the question for agreeing to the Report, the House
divided :
Yeas, 15. Nays, Messrs. Macintosh, Fraser, Rae, 3.
Your Committee to whom was referred the several Peti-
tions praying the House of Assembly to grant a sum of
money to erect a Wharf or Hard at Minchin’s Point, near
the Ferry House, opposite Charlottetown, and to repair the
said Ferry House, together with the several Estimates of the
cost of the same, having had the said Petitions and Esti-
mates under consideration, your Committee resolved to
make Mbersonal inspection of the site of the proposed
Wharf or Hard, and of the Ferry House, which having done,
and having maturely considered the subject matter of the
said Petitions, your Committee beg leave to report, that the
present Hard is situate in a Cove, and the outer end of it
within the range of two points:—that any Wharf erected in
that situation must not only be extended but kept up in -
future for the whole length within the points, but besides
that, the Channel of the Harbour, or such depth of water as
will be required to suit_ the public accommodation, is at a
much greater distance from the end of the present Hard
than the necessary depth of water is from the proposed site
at Minchin’s Point, so called, showing that a Wharf or Hard
at the latter place will be of most superior convenience to
the public, and ultimately a great saving to the Colony.
That from the inspection personally made by many mem-
bers of this Committee, it appears, that the proposed Wharf
Xx
A >
~£
The Colon
. PRINCE EDWARD ISLAND ADVERTISER. _ —o
“AND
BHerald,
ae
——
Core
_ New Series.
Het ]
—
CHARLOTTETOWN, SATURDAY, APRIL 10, 1841.
i
- J
[No. 193,
HOUSE OF ASSEMBLY.
Wepnespay, March 24.
JURY BILL.
Read a third time, as engrossed, the Bill intituled “An Act to regu-
late the qualifications of Jurors.”
A motion being made, that the bill do pass,
Mr. PALMER said, that this Bill, if carried into effect, would
operate a very important change in the jury system; but he
It was not adapted to the
' state pf this country. He, for his part, knew no defect in the
: If there be be any irregularity in the return of
& and jurors, the same is supposed to have originated from one cause,
If he is
feared it would not be for the better.
‘present system.
that is, in the conduct of one of the County Sheriffs.
“ane ycensurable in his official conduct, let him be removed, and not
Cr lot of Iter the jury system on his account. He here spoke as to the
Lene onduct of persons now appointed to return jurors; he said that
; othert heir conduct stood quite unimpeachable. With regard to the
bh individuals to be appointed under this Bill for that purpose, he
ber ‘could not anticipate any favorable result. The mode of return-
apers, ‘aning jurors by this Bill, appeared tobe very objectionable. By
Cian ‘this mode, a suitor will have it in his power to become acquaint-
kinds: a with the jury who are to try his case before the day of trial
i Wharrives, and would thereby be enabled to practise on and win
erat jurors over to his interest. But such is not the case at present;
’
“for none but the Sheriff knows who are to be jurors until the day
great
Winter by the Bill.
nd Cufis, age, for reasons already declared to this house; and as a pro-
H Pride: fessional man, he felt it to be his duty to oppose it now, in its
‘ik be Teast stage; and would therefore conciude, by moving, as an
. tae endment, that the said Bill do pass this day three months.
: Won Mr. THOMSON conld not coincide in opinion with the hon
orstel.eand learned member for Charlottetown, who said that this Biil
‘tons, aidewould be the means of depriving the country of the services of
*# commemany men who aie otherwise well qualified to sit as jurors
Slack ¢ _ This would not be the case; for after this Bill passes into a law
b.
les L rtant charge out of their hands, which they themselves ought
‘ed "Peale be glad of, and confide it to men who, if not beyond the in-
the Inhabitants, than one single person can have.
not take its rise from any special cause
bers. He
yao ‘ortant. The system has undergone a material alteration in the
qui vince of Nova Scotia, where it no doubt works well. The
pice ypulation of the Tespective Counties of this Island far exceed
' La at of any County in Nova Scotia, with one or two exceptions;
> vee -nd for that reason he thought that no difficulty could be experi-
ee ced inthe choice of proper Jurors. If it were for no other
Merched pose thati to prevent the too frequent recurrence of granting
ndsor Soap, ae trials, which he conceived an intilligent jury would, in some
A Redwood deasure, prevent, he conceived that alone a sufficient cause to
“Heese; MaliBSS the Bill. With respect to suitors practising on jurors before
Atahies* day of trial, the mode adopted in the Bill of drawing juries
Salts, Casta@™St effectually prevent that, and be the very reverse of that at-
7 pted to be set up, as the defective working of the Bill; for the
sme liniment 2X in which the Jurors’ names are to be placed would be seale«
and be beyond the power of any onc to inspect ; but by the pre-
plaints, t system, a party may know from the Sheriff who those per-
ns are that are to be jurors—nay more, by the present system
Anderson's Here is a possibility of a Sheriff selecting a jury to try a friend’s
of trial.” He would here repeat what he had said on a former
St y, that Magistrates would be influenced by the same motives
r re = now are supposed to sway some of the Sheriffs in the dis-
— charge of their duty. By this Bill, the most of those who are
abies qualified to sit as jurors weuld be precluded, forsooth,
“because they are not possessed of ali the qualifications required
He (Mr. P.) had opposed this Bill through every
uence of party faction, had at least a more general knowledge
This Bill
as alleged by hon.
(Mr. T.) had thought, long before he saw this
land, that a change was much required in the mode of return-
jurors, and that those general!y selected as Grand-jury-men
ould be petit Jury-men, as their decisions were the most im-
| otherwise well qualified to sit as such.
Bill are not to be expected from an infant Colony like this.
ascertain the qualifications required by this Bill.
hon. member who had just spoken.
would only be continuing a. great evil.
by one.
sophistry har but little effect on the better judgment of the House
years.
proper then to-go into details. He, however, differed from hon
Bill would debar many useful men from becoming jurors. No
called upon to serve as jurors.
doing so.
-|do not own any individual property.
he would be allowed to sit as a juror.
Wenpnespay, March 31.
under the Boundary Act, with reference to Lot Three.
of the whole House on Friday next.
following:
Your Committee to whom was referred the Petition of divers
Inhabitants of the North and South sides of the Hillsborough, nrayine
for a grant of money to build a Scow fit for the conveyance of cattle
across the River, at M‘Connell’s Ferry, and an annual allowance to
the Ferryman, also for the establishment of a Post office at or near
Fort Augustus, are of opinion, that the accomplishment of the objects
prayed for, would be an essential benefit to the Petitioners, but regret
they cannot recommend the establishment of a Post office at present,
as the carrying of ‘a Mail thither would be attended with considerable
expence and inconvenience, from the cireumstance of there not being
a regular established Ferry at M‘Connell’s. In regard to the buildine
of a Scow, and an annual allowance to the Ferryman, your Commit-
;|/tee recommend to the House to grant and place at the disposal!
of His Excellency the Lieut. Governor the sum of £18. to he paid
to such person or persons as shall provide a Scow fit for the con-
veyance of cattle over the said Ferry, also one flat-bottomed beat
for the conveyance of passengers ; and who shall enter into-a contrac:
to keep the said Ferry for any term not less than three vears + and
e When in Committee, he
| opposed it, on the ground that the qualifications required by this
If
the colony were ripe enough for the change, he questioned much
whether it would be in the power of the Magistrates or Sheriff to
Mr. MACINTOSH did not concur in what had fallen frora the
He considered that if the
selection of jurors should be left to the Sheriff, as at present, it
He had no doubt that a
selection made by half a dozen honest men would be better than
The hon® and learned member for Charlottetown had
spun out a very fine and long yarn on the subject; but his
He has not shown, by any of his arguments, what disadvantage
would result to the country by the adoption of this measure. All
his endeavours were directed to shew how admirably the present
Act worked. Mr. Macintosh here spoke at some length on the
conduct of the Sheriff of King’s County, and concluded by saying,
that he felt inclined to give the measure a trial for two or three
Mr. D. MACDONALD said, that the principle of the Bill was
so fully discussed, on its second reading, that he did not think
members who thought that the qualifications proposed in the
he (Mr. Macdonald) never saw or heard of.a juror, who was not
possessed of the low property qualifications required in the pro-
posed Act, and it was highly necessary that jurors should have] |
sone little stake in the Country; and he was sure that young men
would not very often deny their qualifications,to evade their being
For his own part, he had never
sat in a Jury box, but would embrace the first opportunity ~of
Mr. DALZIEL said, that this Bill went rather far, in precluding
many very competent persons from sitting as jurors, who, per-
haps have not the qualification of property. and more especially
the rising generation, who are still under the paternal roof, and
With respect to the quali-
fication of moral character, he could not see how that was to be
ascertained. Jfa man, in going to Court, should happen to take
‘la little drop extra, and stagger on his way, then by this Bill his
; : : A ,| moral character would be questioned, and ten chances to one if
@here will be nearly as many qualified to act as jurors as there 4 ; :
vd prices. ire at present. The property qualification of jurors was not the
‘Seven lOttiehief motive that induced him to bring forward this measure.
: {t was the suspected partial selection of jurors, made by Sheriffs,
SOF, SOMRhat he wished to provide against; he wished to take this im-
The question, “That the Bill do pass,” was then put,
and carried, on the following division:—Yeas, 12. Nays, 9.
Mr. Rae reported from the Committee appointed to take
into consideration the proceedings of the Commissioner
Ordered, That the said Report be referred to a Committee
Hon. J. S. Macronatp, from the Committee to whom_the
Petition respecting M‘Connell’s Ferry was referred, reported the
Lachenr ani Rae.
Ordered, That the said Bill be engrossed.
being read; -
Committee.
follow :—
poses, and the several Acts in amendment
pended forone year.
Appendix to the Journals.
ing Resolution ‘—
and as transmitted from the Home Government,
tion of the Boundary Act.
S| worth, Maclean and Palmer against it,
to an indefinite period.
For agreeing to the Report, Yeas—18. Nays—Messrs. Le
The Bill to amend the Act relating to Weights and Mea-
sures, was read a third time, passed, and sent to the Council. |
The Order of the Day, for the House in Committee on the
Report of the Special Committee appointed as to the pro-
ceedings of the Commissioners under the Boundary Act,
The House accordingly resolved itself into the said
The Hon. J. S. Macdonald (the Chairman) reported, that
the Committee had come to two resolutions which Reso-
lutions were again read at the Clerk’s Table, and are as
1. Resoxvep, That it is the opinion of this Committee,
That itis expedient that the Act, 4 Will. 4, cap. 15, for ascer-
taining and establishing the Boundary Lines of Counties
and Townships, and parts of Townships, and for other pur-
thereof, be sus-
2. Resotvep, That it be recommended to the House,
that the Report of the Special Committee be printed as an,
The Resolutions were agreed to, 15-to 4, after several
motions in amendment had been proposed and négatived.
Mr. Rae then moved that the House do come jg the follow-
Resolved, That last vear it was considered necessary to sus-
pend the Boundary Act in regard to Prince County. and from
evidence before the House as to the descrintion of Townships
and the plans thereof. and from the gross inaeenracies in the
Tabular descriptions. hoth in the office of the Surveyor Genera!
] and from the
very unfair practices of some Survevors in former times in setting
the boundaries of Townships. and from the absence in many
instanees of endnring natural land marks, and from many
Townships being uninhabited, no distinct rememberance being
handed down as to the Bonndaries of said uninhabited Town-
ships—therefore the Commissioners appointed under said Boun-
dary Act have not snfficient data to enable them to ascertain
such boundaries. and that the only remedy which appears. appli-
cable to these inaccuracies, is the Survey of the whole Island :
bnt that in the present circumstances of the Colony. and at this
late perind of the Session. the House of Assembly can see no
mode of acting so jnstifiable and so safe as to suspend the opera-
Which was. carried. 16 voting for it, and Messrs. Long-
Satunnay, April 3.
read the first time.
divided:
communication with Nova Scotia, &c.
Mr, Rae presented a Bill to suspénd for a limited period
the oneration of the Boundary Act, which was received and
The standing order heing susnended, the said Bill was
acain read. and thereupon committed to a Committee of the
whole House. and reported, without any amendment.
On “the question for receiving the Report, the House
Yeas. 12—Navs. Messrs. Thomson and Rae.
Mr. Beck reported the following Resolution from the
Commitee of the whole House, on the subject of Steam
Wuenrras, it appearing to the House of Assembly, that
His Excellenev the Lieutenant Governor, since the Reso-
lutions of this House passed on the 4th March, 1841, relating
to the procuring of a Steam-vessel, has not, up to the pre-
an Address and Resolution from the House of Assembly of
Prince Edward Island, having in -view an application,
through me, to the United States’ Government, for assist-
ance towards the construction of certain Light Houses on
the coast of that Island. : i
It reply, 1 beg to acquaint your Exeellency, that it appears
to me inexpedient to make a communication of this nature
to the Government of the United States, and I must there-
fore express my regret, that I cannot meet the wishes of the.
House of Assembly of Prince Edward Island in this matter.
T have, &c. ee
+ _ (Signed)
His Excellency Sir C. A. Fitz Roy, K. H.
Prince Edward Island.
SypEnHam.
‘The House went into Committee on the State of the
Colony, when the proposed Joint Address to the Queen, on
the subject of the Land Settlement question, was taken in
consideration. The following Resolutions. were reporte
from the Committee:
1.Whereas the Legislative Council have, by conference, sub-
mitted to this House, for its adoption, the draft ofa Petition
to Her Majesty, setting forth—* ‘That if by the purchase of
“these lands from the Proprietors, they were again rein-
“ vested in the Crown, for the purpose of being again re-
“ pvanted in small tracts to the tenantry and settlers thereon,
“ it would be hailed by the inhabitants of this Island as the
“ greatest boon which your Majesty could bestow upon them,
“and would, as your Petitioners conceive, be productive of
“great and permanent benefits to the Colony. The
“ Council are,
“at the same time, aware, that this most desirable ob-
“ ject cannot be attained without the advance in the first
“instance of a much larger sum of money than the Legisla-
“ture of this Colony can command, nor without the free and
“ voluntary consent of the several Proprietors to dispose of
“ their lands, being first obtained :”
Resotvep, That were the tenants and occupants of land
settled thereon, so as to Secure to them and_ their descen-
dants the improvements made upon the land at their cost
and labour, it would be the greatest benefit which: Her
Majesty could bestow upon this Colony; but this Committee
cannot, directly or indirectly, acknwledge, that the original
Grantees, their heirs and assigns, have a good or valid title
to the lands of this Island, when the conditions contained in’
their grants are not performed, or that the proprietors of
such grants should take an undue advantage of any indul-’
gence from the Crown (which indulgence ts not founded on
The Bill to amend the Act relating to the admission of | {aw or equity) to impose a high rent upon their fellow sub-
Rarristers, Attornevs and Solicitors, was read a second !
time, when the further consideration thereof was postponed
jects for such lands, accompanied with conditions, evidently
with a view to resume the land, together with the tenants’
improvements, when it is cleared and brought into cuitivation.
That this Committee entertain a high opinion of the wis-
dom and justice of Her Majesty’s Government, and that Her
Majesty on being informed that the Proprietors are unrea-
sonable in their demands, will not continue indulgences to
enable them to oppress the greater portion of Her subjects
who have cleared the land and improved this Colony. And
as the Legislative Council has not shewn that the Proprie-.
tors have any other claim to the lands but through the spe-
cial favour and indulgence of Her Majesty’s Predecessors, by
withholding the appointment of a Court of Escheat—nor the
reason why such favour and indulgence should be charged
upon the inhabitants of this Colony—therefore, this Com-
mittee cannot recommend to the House to petition Her.
Majesty to negociate for the purchase of such: claims with pro-
prietors who are not disposed'to submit to an equitable ar-
rangement, as provided for in a Bill passed by the House of
Assembly in its last and present Sessions, intituled “An Act
to authorize the Crown to purchase the Lands, and to regu-
late the settlement of the inhabitants, &c.” ‘
2. Whereas this Committee are led to believe that many o'
the tenantry, illiterate persons, have been constrained,
through fear of distraint and ruinous law proceedings, to give:
Bonds or other obligations, the nature of which they did not
understand, to the Proprietors and their Agents for arrears of.
rent, which they are nnable to pay, and that were Her Majesty
graciously pleased to grant any sum of money to purchase
the lands from the Proprietors, as prayed for in the Petition
of the Legislative Council, such purchase by the Crown,
would not secure.a settlement to such Tenants, as the Pro-
prietors or their Agents holding such bonds or obligations
would in-all probability, and might at any time recover the
Lands again for the consideration stipulated in said bonds or __
obligations: — Resolved, therefore, that there can be no hope of
a settlement for tenants and occupants of land, but by an
Act of the Colonial. Legislature, or of the Inyperial Par-
liament, similar in its provisions to the Bill passed by this
House in its last and present Sessions, and rejected by the
Legislative Council.
3. REsoLvep, That it be recommended to the House, to ap-
point a Committee to prepare and draw up amendments to
mot and Bf, OR eye hie OND xa ; that an address be presented to His Excellency, respectfully request-|sent period, been able to procure tenders for the furnishing
er, Macassri- pe asec said, it was not his intention to say much | ing that he will ge to cause the said Ferry sags ed. of any Boat, Of anfficiont power and accommodations to
ee subIect, As Ag principle of the Bill has been conceded] ..iine for tenders for the conveyanee of passengers, their luggace| perform the services reauired by the second of the said
ilnable and of ple oh 0 ae nal He had no objection to the pre-| and cattle, over. the said Ferry, and offering the aforesaid bounty | Resolutions :—FRecolved, therefore, That it is expedient to
ess and ches Diet bra, nh that the ae ayers rns pine to such person or persons 2s shall undertake the Ferry at the lowest | authorize His Excellency to accept the services of the best
inal BR. ont | petites agg 5 wonld fost Peet uae ee eet i as rates of Ferriage, subject to the approval of His Excellency in} anq most efficient Steam boat that may be attainable, dor the
Te 4 %, t most perfect, would have the effect of purifying, in a mea- lenis of Mr. Rae, the sum recommended to be paid RenpoRe of carrying the Government Mails of this Tsland
6, by te. this fountain. He would not have hon. members believe. | on behalf of the said Ferry was reduced to Twelve Pounds. during the summer of the present year, and so long therein
wnded, ae it what he meant was directed against the representative of | phe Report ded. was then adopted, and ah Address asthe navigation shall remain open: and in the event of no
pore ijesty; no, he was not the corrupt fountain; he knew as little de pg — amen - 7 His E e ‘se in ped ee Boat being had hefore the 21st day of April, capable of
Peal by ‘i t the fitness = — to act other y as joo gt ised of Se catane SN ace ed BERsOrTDE we neviers required 2 He sae second Rasa:
“sie ina; but it is his bad advisers who are censurable for their ‘ : is ca a ution, that His Excellency then be humbly reanested to
ela sel, in recommending unfit persons as Sheriffs. The hon. The rest of this day was spent in Committee on the Edu- dispense with the Bee of running between Charlotte-
: 3s. Henin member for Charloitetown had remarked how far an | Cation Bill. town and Miramichi, and accept the offer for any Steam-
d ividual appointed as juror might be tampered with by the un- : : boat that to His Excellency may be considered sufficient
3s. cipled. If an individual juror 1s so easily drawn aside by Tuorspay, April 1. : ._ |for the aforesaid purposes, twice a week, between Charlotte-
Holy ‘ Prices of suitors, how much more so would that Sheriff be, é Mr. Le Lacheur moved, that the following Address to Hie! en and Picton, and once a. week, or once a fortnight,
9 meets with more sige Feat se in his way than the juror. — Excellency the Lieutenant Governor do now pass :— hetween Pictou and Georgetown, at any sum not exceeding
Giarhes? Ecal? Pan ae poe a a og te afinnnces — To His Excellency Sir C. A. FITZ ROY, K. H., Liewenant | £350; and that the House. when in Supply, do grant the
dope sriff of King’s County, against the men of the same County, Governor and Commander in Chief, §e. &e. &e. jsum of £550, as agreed to in the meeond ro here
, Last, jhe memorable riot case. The hon. member for Charlottetown May it please your Excelleucy; wciieodns ro gy tag ina dg pantie for the titremnid
. mee sr pete bag as aig 8 12 henge diane ——— The House of Assembly having ascertained that the road aie ele a
i, _ a asted 2d but that hon. een ze are forget to tell us, ers — oF lie ‘Moh tage River, #6m the wait ayaa _ Mr. Clark moved, as an amendment, that the following be
ie “yam — he same breath, that they were allowed to summon the jury, ne ae of Mr . George Aitken’s Farm, leading to c6ee adopted, instead of the foregoing Resolution :— :
oa arosecute, to stand as witness, and, in fine, to act as execu- Andrew's Point, ‘has, ‘by the washing away of ihe al >| Whereas it does not appear that, as yet, an efficient
me York er—and all this in their own cause—in the vindication of become 'so ones as to render it dangerous pase om: Steam-boat has been offered to the Government, for the
* irown conduct. This Bill will remove, in a measure, these act othe 6 logree ‘eselsée 1n ‘Its ‘proses re sid : performance of the services required by the Resolutions of
jamin If the present mode of appoiting Sheriffs were altered some! of thie Secuyrore Gt” the forms is the rear of said road} ih, 4th of March last :—'herefore, Resolved, That an humble
‘ % 'a better one, he would have less objection to the present jury have refused to remove their’ fences, unless compensation be | Address be presented to His Excellency the Lieutenant
‘in Jllet, 4 e™- When we consider how much is placed at the disposal | given them, as prayed for in a petition presented to this) Go carnor: respectfully requesting that he will be pleased to
eriffs, namely, the character, the property and the life of the | House, and referred to a Committee, who have reported | use a Contract to be entered into, for the conveyance of
riNiam ject, it behoves us that we be watchful, that the persons fill-|that it was inexpedient to grant such compensation ; the the Mails, twice a week, between this Island and Nova
% ‘so important an office should be men in whom the utmost | House of Assembly, therefore, fully relying on your Excel- Scotia, from the opening to the closing of the navigation,
notes of _t might be reposed. All that we require is, that the fountain |lency’s desire to promote the general convenience and ad- during the present year—the said Contract to be let to the
present pelea d ae dip Ms cam ages arte = se ~~ vantage of the inhabitants, respectfully request, ‘that. your ‘person who may make the lowest offer for the same.
; object is os voi mi No one oa oes ont el Excellency in Council will be pleased to adopt the necessary |" "ry, original Resolttion was carried, on the following
een at. sed for one moment that a number of men will be more — _ sa ee Cla ane peepebne: Yeas, 12. Nays—Messrs. Clark, Rae, Gorman, Macneil,
i ; i ir wr i ae é : . Aes Fraser, 5. :
ted - yn men ape Seana ieaere ah ee “Shall the question be on put?” ss te hee ‘ The Bill for the encouragement of Education was read a
“meet of course that a number of Magistrates will turn out Which being seconded and put, passed In the negative. | wird time, passed, and sent to the Council for concurrence.
many 2 Were it not for the selection of jurors, made by the| Resolved, That a Message be sent to His Excellency the
( maslltcentco ‘ hay baa vig . © | Lieutenant Governor, praying that he will be pleased to ‘Monpay, April 5.
leer Scotty 4, WW of King’s County in the ever mennorable riot prosecution, 3 * b ; Be 4
| Would not have those poor fellows now pining away in| cause Tenders to be called for, and a Contract to be entered| qe Boundary Act amendment Bill was read the third
D. Is. etown Jail. It is now high time that an end be put to such into, for the conveyance of the Western InJand Mails, week- time, passed, and sent to the Council. en ae
J. Graham m as this; he would therefore vote for the Bill to pass. ly, from Kildare to Tignish—and also to appoint a Postmas- Mr. Palmer reported a Bill for establishing a more effec-
poems, js. - YEO was opposed to the principle of the Bill, from its | ter at Tignish. aml b tual system of Police in Charlottetown, which was read the-
js. eading to the present stage. The more he considered it the Ordered, That Messrs. Gorman, Palmer an bg ph D first time, and set down for a second reading on Tuesday.
js. ‘he felt justified in opposing it. It is a measure altogether|a Committee to wait upon His Excellency with the sai ‘A Message from His Excellency the Lieut. Governor.
poems, 9, led for. If the people of King’s County felt any inconve- | Message. us tle Mr. Secretary Haviland, by command of His Excellency,
_ js 2 in the return of jurors, he would have no objection to con-| An engrossed Bill from the Council, intituled «An Act to| delivered the following Message:
-Hamilto™ ~~ Ge Bill to King’s County. This Bill, if it were even neces-| compel Constables to serve,” was, according to order, read|@ 4 FITZ ROY, Lieutenant Governor.
ted from 18 | Listing ap Our peinlatipa. 15 but ey ee Apaeets a second time ; and thereafter committed to a Committee of| “The Lieutenant Governor lays before the Honse of As
arison to the neighbouring Colonies. ie yo | the whole House. : sembly, the copy ofa Despatch from the Right Honorable
on th 3 te he oni jujanaun Dae ReEaRy : CRE won Ms aie le The Comittee rose without reporting—so the Bill was lost. | Lord Bydediherh, Goverigr General of these Provinces, in
sage "i peut tie ine in. his official sapaeitys pheno pai The House then went into Committee on the Message reply to an Address and Resolution of the House of. Assembly,
ae ei exter EscrHeney ? have 7 patie ehcp Pati from His Excellency, with the accompanying veined ote praying ~the Lieutenant Governor, to. enter into com-
.. Paley, vy, individual. . ls sa esas wae ph he felt himself] relative to the employment of a Steam-vessel, when a KesS0-| munication with the Governor General, to ascertain how
work up gs, 2d in voting against the Bill j lution was agreed to. far the United States Government may be willing ~ con-
js GORMAN said, that as the present Sheriff of King’s Report to be received on Saturday. tribute a portion of the funds necessary to defray t aan
ith, is not appointed for life, the people can soon get rid o : and maintenance of Light Houses on the coast of this Island.
di some if he is So great a nuisance to them. He (Mr. G.) had Frivay, April 2. : a Government House, 5th April, 1841.
0 Locke, J ho strong. objection urged against the present system. The Order of the Day, for the House in Committee on the 3 *s
writings a OM ily reason assigned for this measure is,that one of the present | Education Bill, being read ; : f : GovernmEnT HovseE, Coan ats
ER re prov why etfs amr therefore the old system must be} The House accordingly resolved itself into the said Com- ‘ i arch, 1841.
ea a »pted. Sa TR 5 : s
'TGOMERY said, if the Bill passes, it will deprive rhe Chairman reported, that the Committee had gone through} Jhpave the honor to acknowledge the receipt of Lope
ntry of the services of many good jury-men, who are| the Bill, and made several amendments thereto. Excellency’s Despatch of the 27th ultimo, covering copies o
\
be offered to the Petition sent down by the Legislative Coun-
cil, for the adoption of the House of Assembly.
The Resolutions were all carried in the affirmative—_
Yeas, 15. Nays, Messrs. Palmer, Hudson, Longwort 1, Be
Mr. Hudson, from a Committee of the whole House, re-
ported, that they had adopted the following Report:
Your Committee appointed to report on the best site of a
Light House for the Harbour of Charlottetown, the least.
expensive mode for its construction, and the manner in
which it shall be maintained; have, after obtaining every -
information on the subject, come to the opinion, that the-
Western Point of Governor’s Island is the best site for its
erection; aud your Committee herewith respectfully submit
a Plan of a cheap description of Light House, with an esti-
mate of its probable expense, which they recommend for
the adoption of the House; and also, that the House do
provide for the amount required for its erection out of the
moneys collected: under the operation of the Light Duty
Acts. Sy
On the question for agreeing to the Report, the House
divided :
Yeas, 15. Nays, Messrs. Macintosh, Fraser, Rae, 3.
Your Committee to whom was referred the several Peti-
tions praying the House of Assembly to grant a sum of
money to erect a Wharf or Hard at Minchin’s Point, near
the Ferry House, opposite Charlottetown, and to repair the
said Ferry House, together with the several Estimates of the
cost of the same, having had the said Petitions and Esti-
mates under consideration, your Committee resolved to
make Mbersonal inspection of the site of the proposed
Wharf or Hard, and of the Ferry House, which having done,
and having maturely considered the subject matter of the
said Petitions, your Committee beg leave to report, that the
present Hard is situate in a Cove, and the outer end of it
within the range of two points:—that any Wharf erected in
that situation must not only be extended but kept up in -
future for the whole length within the points, but besides
that, the Channel of the Harbour, or such depth of water as
will be required to suit_ the public accommodation, is at a
much greater distance from the end of the present Hard
than the necessary depth of water is from the proposed site
at Minchin’s Point, so called, showing that a Wharf or Hard
at the latter place will be of most superior convenience to
the public, and ultimately a great saving to the Colony.
That from the inspection personally made by many mem-
bers of this Committee, it appears, that the proposed Wharf
Xx
A >
~£