Colonial Herald -- 1844-03-09 -- Page 2

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    -vour tosmother Escheat but, who can deny, that.we are not

    entitled to a Court of that nature? the opponents of, this, who
    act in opposition to the Constitution, coupled with the -Proprie-
    tors. 1am, said the hon member, tired of Escheat, but to say
    that 1 will give it up, till something approaching toil, as an
    equivalent, is consented to, I never will; though hon, members
    call us by names we dou not merit, yet for one [ will not swerve.
    from what I consider the right course; we are forsooth to be
    designated bad members of society, aud propagators of injury to
    the oppressed people ; some hon. members complain, that they
    cannot understand the resolution, that it is contrary to the Con-
    stitution, Ă©e. &e Butsin his (Me Macintosh’s) opinion, until
    the constiiution is more extended to us, in this particular, we
    have just. cause of complaint; and, the longer justice is withbeld,
    the more strenuous we ought to be ia demanding its administra-
    tion ; (hear, hear, from Mr. Douse). Mr. Macintosh continued.
    a great deal 6f personality is launched against those who adyo-
    cate the rights of the tenantry, but taking into consideration the
    quarter from which it emanates, it is nothing very surprising ;
    Teannot help hearing it, bat farther than this it makes no im-
    “pression ; the path hitherto trod shall T continue to tread, tii a

    -*remeily is devised for the grievances of the Colony, or I should

    consider myself a bad subject. ÂŁ
    Mr. Douse said, that having so often declared his sentiments

    heretofore in this House, he had but little to add, therefore would

    not long detain the Honse.

    The resolution now submitted,
    though fresh clothed, canuot be disguised; it is to all intents and

    _ purposes Escheat, which has over and over again been tried, in-

    *

    ‘variably condemned, and ia the most positive terms discounte
    nanced by the Home Government. The hon. member well knows,
    in short, admits, that his motion will not be carried. But, Sir, it
    may not suit that hon. member's feelings to let the matter rest ;
    if be did, there would be av end to his career, and he might at
    once become politically dead. The hon. member bad taken
    credit to himself, as being the originator ofa plan now entertained
    in some parts of the Island, relative to purchasing of Lands froin
    the proprietors; yet would he, Mr. Douse, venture to state, that it
    originated with himself, and was mooted by him in this House years
    since, when he was but a young member; and he was stil! of opi-
    nion, if fair offers were made, and the means found for its accom-
    plishinent, that the prorietors would willingly accept them.
    Thus, said the hon. member, I am still favourably disposed to
    view it in a far different light toany of those mystified scheines
    ‘so everlastingly introduced by the hon. member, and his com-
    pany of agitators. (Name, name, name! from Mr. Rae). f feel
    no delicacy to name them, said the hon. member; they are no less
    personages than the hon. member and his friends. The Louse
    had heard many Despatches read from Colonial Secretaries, and
    ‘nuch said about foreign Protestants, the non-settlement of the
    land, and its consequent liability to forfeiture, Resolutions had
    also been read from the Journals of the House, to suit a particular
    purpose; but the hon. member had never quoted his own dis-
    match, which he, Mr. Douse, now held in his hand (addressed to
    Ir. John Le Lacheur, dated Sept. 14th, 1837) which was as fol-
    lows :—* A compromise with the Landlords 13 offered by the
    “ Governor, viz: Arelease from ail back rents, a long lease, a
    deduction of half the rent, and the half of the present rent to
    ‘be taken in produce. This offer being made, they cannot re-

    - tract: We have therefore gained a victory worth about ÂŁ257,000

    to the Colony, which will appear by the following srate-

    © ment:— Back rent, one Township with another, may be reckon-

    ed at ÂŁ1000 each, ÂŁ67,000 ; the rent in 1333 was from 15 to
    4 ÂŁ16,000, and up to this time, cannot be short of ÂŁ29,090 ; to be
    “© reduced one half, and that balfto be taken in produce, will be
    “equal to £12,000, out of £20,000; this £12,000 being reckoned
    as interest, at six per cent. gives a capital of £200,000. ‘There
    * « fore, there is a victory, clearing £267,000, gained to the inhabi-
    “tants, and cannot be lost or retaken by the enemy.”

    Does this, resumed the hon. member, Jook like a scarcity of
    population? he thought uot. He would not impute ignorance to
    the writer, but would modify the term to an error of judgment.
    The hon Speaker had so ably argued the matter now before the
    House, that but little was left to be said by other hon. Members
    and therefore he (Mr. Douse) would not take up the time of thee
    House unnecessarily; yet be trasted its good sense, would reject
    the original motion which, in addition to the admission of the
    hon. member, is also declared by another hon. Member, Mr. Rae,

    ‘that no expectation’ is felt by him of any other result. The
    motive then is very cicarly demonstrated, to be solely to keep up
    agitation; but it is useless, condemnation is gone forth : and
    very soon did he, Mr. Douse, hope to see the last dying speech
    and confession of Escheat ; and then the great Mr. Cooper—the
    notorious Mr. Cooper's politics, will be at a very large dis-
    count in Prinee Edward rehund. Nothing, said the hon. member

    ‘can be more true than the remark of the hon. Speaker ralative

    ‘tothe idleness and wantof knowledge in farming operations

    “evinced by many who are londest in their complaints. Look at
    “Crapaud and its neighbourhood; see the good effect of industry
    and Yorkshire farming; compare these with those who spend
    ‘their time.in dissipation, who, with their short pipes, attend po-
    Jitical Meetings, and smoke away their prosperity in a useless
    Pwaste ‘Oftime; look at this abd on that, said the hon. member,

    ainany hundreds of families have been ruined by the advice ef |

    \ those wii agitate Escheat, and thus he sincerely hoped, never
    again to see another resolution, (tlfat bad for its object Uscheat),
    “brought under the notice of this House. :

    Mr. Monrcomery said, there was no denying that the hon.

    -aember who had just resumed his seat, was unsparing in his
    : g

    “attack on the hon. member; Mr. Cooper ; yet it is not all true 5

    “for even if he was dead aud buried, still would the question of

    Escheat again and again be agitated, (“1il! our Assembly is swept
    from us,” said the hon. Mr. Palmer). Mr. Monigomery | resumed:
    That something must be done, Sir, L am fully “persunded 3; yetl
    Jike not either the Resolution or the amendment. Hon. mem-
    *bers who say Escheat is visionary, and be knew not what beside,
    Som y*pick out those despatches, &e. that suit their purpose, but
    ‘dose sight of those that do not. The hon. member, Mr. Coles,

    : pars
    -and the hon. the Speaker, both contend that some remedy must be |
    - devised, and that no further delay must take place ; but how is |

    “Ultis to be accomplished? every exertion by us is frustrated. And
    ‘another great obstacle presents itself, in the expenditure cf the
    ‘country exceeding the income. Let it be settled by giving the
    ‘and free of rent, (hear). [do not say, or mean, that ‘they should

    have it for nothing, but let justice be done, let the upset price of

    Crown Lands be assimilated to other Colonies. Why, said the
    hon. member, should we be deprived of fair play? Is it not well
    known who are the causes of this high rate? Yes, Sir, it is known
    ‘to be caused by the overpowering influence of the proprietors.
    ‘As there was no prospect that the motion would be carried, he
    must oppose it. He doubted as to the despatches containing the
    real sentiments of Her Majesty’s Government; and thought, if
    ‘some hon. members were tenants themselves they would’ be
    >more merciful in speaking of others. 5:
    ' Mr. Datztev could not refrain from expressing his former
    opinions; that jystice to ‘this Colony was most unreasonably de-
    ‘layed, no one could deny. Had this been administered, how far
    different would now be the prospects and situation of the Colony.
    Aad the lands been Escheated, he, Mr. Dalziel, verily ‘believed
    the present distress would not exist. ‘The plan of purchasing the
    lands of the proprictorg, by the settlers, should have his support
    ‘was it not for the great obstacle that presents itself; that is how
    ‘ean they pay for it? [tis not only the leaseholders that. cannot
    » pay theirrent, who are in distress, but he, Mr. Dalzie!, knew tree-
    ‘holders who, of course, had none to pay, that now felt the pineh-
    ing influence of the times. -I am, said the hon. member, as anx-
    ‘ious as any hon. member can possibly be, to see peace but iow
    ean this desirable object be expected to prevail, while the hard
    ‘work of the tenantry remains unrequited, accompanied with the
    certainty, that the agents will exact the rent, though their whole
    “may be swept away for that purpose? {tis very eyident to eve-
    ry discerning mind, that nothing can be expected from our ap-
    ‘plications to the Home.Government. A fate despatch is more
    ‘and more conclusive. Her Majesty even refused to mediate be-
    tween the oppressed tenantry and the proprietors. What then
    ‘ean be done, is a question that demands our most serious and
    veareful deliberation. He did not approve of either the motion
    or the amendment.

    The hon. Mr. Patuer admitted the scheme of purchasing
    would be far preferable to either the one or the other, if it were
    ‘practicable 3 but we must not expect to drag the proprietors into
    it without proposing fair conditions. Similar attempts ought to
    ‘convince the most prejudiced mind that it is unattainable in any
    other way. The Imperial Government have stated they have
    ‘no funds ; and how are the tenants to do it, many of whom do
    ‘Not see a shilling from one end of the year tothe other? Ifit
    could possibly be done, no one would be more strenuous to carry
    ‘out the details than would be he who was now addressing the
    louse. Nor doT, said he (Mr. P.), require to be told that the
    prosperity of the agricultural interest is a desirable end to be ob-
    ‘tained, Who can doubt the sincerity of my motives, while its
    ‘beneficial influence would, in some degree, fall on myself? Yet
    are _we only holding out false hopes, and deceiving ourselves,
    while this large mountain intervenes. Iam in very litte doubt
    ‘that what the hon. member (Mr. Dalziel) stated, that the dis-
    tress now existing is conjointly felt both by the leaseholder and
    freeholder is a fact; and ifany possible remedy was introduced
    none should be found more unflinching in the endeavour to see
    it carried out than he (Mr. Palmer) would be. The hon. mem-
    ber for Princetown (Mr. Montgomery) seems doubtful as to the
    ‘sentiments of Her Majesty's Goyernment, as contained in the
    correspondence between that and this Government, at the pre-

    cause .can be .adduced to
    are not as equally pure now

    sent time. Yet what existing
    sustain the opinion that they

    as were those in the time of Lord John Russe? Sup-
    posing, for the sake of elucidating the matter, that» we
    gravely consider a -Court of Escheat as now existing.

    is there any Township that would

    Enquiry must take place.
    d 2 Oris there one thatawould

    not endeavour to keep aloof from it
    not succeed, if the terms were strictly followed;fit would be found
    they had been as far as practicable complied with? No benefit
    whatever avould . those complaining derive fiom its workings.
    Thousands of then would get no relief. Is 1t not a amatter of re-
    gret that an end is not put to this everlnsting and useless agita-
    tion? Let its merits and demerits be fairly tried this day; let
    those who have so !ong been deceived, be undeceived ; let us
    give an impulse to trade; let this be the verdict, then will its be-
    nefits he felt from one end of the Island to the other, and the
    people will then see that we are in reality their true represeuta-
    tives, and at length endeavouring to do some real and lasting »e-
    nefit forthem. [ trust that twenty days will not expire before
    some measure of importance of this nature will be brought for-
    ward. Of what earthly use is itin the hon. meaber for King’s
    County following his old course, when every attempt still meets
    with less favonrable views here, and also by Her Majesty’s Go-
    vernment? The natural combination of the preprietors will
    thwart every attempt to interfere with their rights. It is sat by
    some hon. members that agitation will stilLeontinae. -Yes, Sir,
    Lam fearful it will, until we lose our House, and,.of course, with
    it, the privilege we are now exerci-ing3 and, Sir, Tam fearful
    the day is not far off. (f hope not, said Mr. Cooper.) What is
    this little spot—this mere speck ? Will not the government thus
    reason with themselves. Why shenld we be pesiered with such
    a set of paltry fellows? Ttis highly probable that this may bap-
    pen to us. Look at what took place in Newfoundtind, and if
    we thus goon, three years may not elapse ere we become in a
    similar sination. (1 hope it will not! { hope it wil net! again
    ejaculated Mr. Cooper.) T hope, ‘eontinued the bon. member,
    lthat the substance of the hon. member’s intention will go forth

    tothe public. ‘Phe proprietors would not care about it, or that
    of annexation to Nova Scotia. The rights of property form a
    prominent portion of the constitution, and in either case, will be
    protected. Let hon. members well weigh the consequences that
    nity happen to us, if we do not this night, by our votes, declare
    our abhorrence of such flimsy stuff as we are now wasting our
    time npon; and which onght to be beneficially employed in le-
    gislating for the good of the whole Colony.

    ( To be continued.)

    Satrurpay, February 24.
    Mr. Rae, from the Committee appointed to search the
    Journals of the Legislative Council, on the subject of Fees
    on Mandamuses, reported, that they had found the following
    entries ;
    (Copy—No. 70.)
    Government House, P. §. fsland,
    Feb. 11, 1843.
    My Lord;

    [have the honor to lay before your Lordship two letters
    respectively addressed to me by Mr. Hensley and Mr. Irving,
    representing that they feel the payment of the fee charged
    upon the Warrants appointing then to Seats in the Legisla-
    tive Council to be a hardship, under the present circunistan-
    ces of this Colony.

    “This subject has, lam aware, already been before Her
    Majesty’s Government, in the case of Mr. Green, who was
    appointed in 1839, but who, upon declining payment of the
    fee, did not take bis seat. Upon another occasion, a seat was
    declined by Mr. Macgowan, now Sheriff of King’s County,
    also on account of that payment being necessary. Of the
    twelve members forming the Legislative Council, seven of
    them live at distances varying from five to forty miles from
    Charlottetown. None of these Gentlemen have residences
    in the town, nor are they paid for attendance during the
    Session, as the Members of the Assembly are. It is neces-
    sary to select Gentlemen from different parts of the Island
    for this Council, or a dissatisfaction would be created in ac-
    cepting seats. Leannot imagine them to be actuated by any
    feeling beyond serving the Colony.

    It is very important here so to construct the Legislative
    Council, that it shall operate to neutralize, or, at least, to mo-
    dify, the wild and destructive spirit that of late years has so
    much prevailed in another direction of the Legislature of
    this Island, and at the same time to compese that Council of
    men who, while they are firm in the prosecution of'some
    measures, will not captious!y overrule those emanating, from
    a Body from whose policy, upon some great questions, they
    dissent.

    Tcannot conceal from your Lordship that the Executive
    is subjected to much inconvenience, in consequence of this
    charge upon Warrants, appointing Gentlemen to the Legis-
    lative Council, there being avery limited number in the
    island qnalified by their attainments, and still fewer of those
    who are who can afford with ease to pay the charge. It
    therefore bas oceurred that the Colony has been deprived of
    the services of some very intelligent men; that I have to
    fear will be the result in the cases of Mr. Hensley and Mr.
    irving. ifthe fee cannot be remitted, both, | apprehend,
    will resign, and the Council will lose two decidedly superior
    members, whose vacancies I shall be at a loss to fill.

    1 have felt it my duty to detail these circumstances, for your
    Lordship’s information, to which f may also add, that where
    the gentleman who is appointed to the Legislative Council
    is engaged in business, and not residing in Charlottetown,

    |

    some person to superintend during his absence.

    Ihave troubled your Lordship at some length upon this
    subject, because it appears to threaten the necessity of se-
    lecting for the Legislative Council men who would be too

    |the Government, and thus destroy the wholesome balance

    (of power contemplated by the Constitution of the two
    Houses.

    Lhave, &c.,
    H. V. HUNTLEY,
    Lt. Governor.

    (Signed)

    The Right Honorable,
    Lord Stanley, &c. &c. &e.

    (Copy—No. 67.)

    Sir;

    1 have to acknowledge the receipt of your Despatch, of the
    llth of February, enclosing copies of two letters which have
    been addressed to yon by Mr. Hensley and Mr. Irving, ex-
    pressing their objections to the payment of the fee required
    upon their Warrants of appointment to the Legislative
    Council. =

    You will inform those Gentlemen that I do not think that
    there is sufficient ground for remitting, in their favour, the
    | customary fees on appointments to the Council.

    Thave, &c.,

    STANLEY,

    Downing Street, 20th March, 1843.

    Signed
    Lieut. Governor ened)
    Sir H. V. Huntley,
    &c. &e. &c.

    —_——

    Monpay, February 26, :
    _ His Excellency the Lieutenant Goverizor havirg attended
    in the Council Chamber, commanded the immediate atten-
    dance of the House of Assembly: and the House having at-
    tended accordingly, His Excellency was pleased, in Her Ma-
    Jesty’s name, to give his asssent to the Act to repeal certain
    Acts therein mentioned, and to consolidate and amend the
    Laws for the relief of Insolvent Debtors. — $s

    Mr. Speaker, by command of His Excellency the Lieut.
    Governor, Jaid before the House two Despatches from Her
    wren 3 ssa tena of State tor the Colonies, on the subject
    of Differential Duties, imposed by the Revenue Acts of this
    Island,—Laid on the Table. ' cid
    ~ Read a third time and passed, th i i

    i s the Bill for the regulation
    of the Public Wharf in Georgetown. Asesh

    Resolved, That a Committee of five Members be appoint-
    ed, to report generally on the subject of the Crown Lands in
    this Colony.

    Ordered. That Mv. Thornton, Mr. Rae, Mr. D. Maclean,
    Mr. Coles and Mr. Longworth do compose the sail Com-
    mittee.

    Resolved, That a Message be sent to His Excellency the
    Lieut. Governor, requesting that he will be pleased to lay
    ibefore this House the Returns made by Mr. Ball, Surveyor,

    he actually suffers a loss from the necessity of employing

    jintimately connected with those forming another branch of

    relative to the exploring .of Townships Nos. 30, 65, 67, and a |
    small part of Lot 32, forJaying offa new line of Road under
    the Road Compensation Act, from the West side of York
    River Bridge towards Tryon and Bedeque.

    Ordered, That Mr. Douse and.the Hon. J. 8. Macdonald
    do compose the said Comuiittee.

    Tuespay, February 27.

    Mr. Rae read, in his place, a Petition of divers Inhabitants
    of Townships 14,15, and places adjacent, praying fora
    grant, in aid of individual subscription, towards the erection
    and construction of a Bridge and Wharf on Township 15.

    Ordered, That under the peculiar circumstances of the
    case, the said Petition be received and read.

    And the said Petition was received and read accordingly.

    Mr. Rae moved that the said Petition be referred to the
    Committee of Supply.

    The Hon. J.S. Maedonnld moved, in amendment to the
    motion, that the said Petition do lie on the Table.

    The Hovse divided on the motion of amendment:

    Yras—Hon, J. S. Macdonald, Hon. Mr. Patmer, Messrs.
    Thornton, Montgomery, Longworth, Dalziel, A. Maclean,

    Wightman, Hudson, Beairsto, Macgregor, Aitken.

    i

    Nays—Messrs, Rae, Cooper, D. Maclean, Dingwell, Fraser.
    So it was carried in the affirmative—and ordered accord-
    ingly.

    Resolved, Thata Committee be appointed, te join a Com-
    mittee of the Legislative Council, to prepare an Address to
    Her Majesty, on the subject of the Act to authorize the is-
    sue, de novo, of Writs under the Road Compensation Acts,
    in certain cases, and to which the Royal Assent has been
    withheld.

    Ordered, ‘That Mr. Rae, Mr. Montgomery, Mr. A. Maclean,
    Mr. D. Maclean and the Hon. Mr. Palmer do compose the
    said Committee.

    Ordered, "Phat the Hon. Mr. Palmer have leave to intro-
    |dueea Bill to amend the Statute Labour Act, by reducing
    | certain of the Rates, as far as relates to Charlottetown and
    ‘ Royalty. ;

    fie accordingly presented the said Bill to the House, and
    the same was received and read for the first time.—Second
    reading to-:orrow.

    The Order of the Day for the second reading of the Bill
    for the naturalization of Jolin Broderus Kdinger Tybring,
    being read ;

    Mr. Fraser acquainted the House, that the Rules of this
    'House with reference to Private Bills had been complied
    with in this instance.

    And then the said Bill was read a’ second time, committed,

    ‘Committee .of the House of Assembly, to prepare an
    ‘dress to Her Majesty, on the subject of the Act to

    and reported, without any amendment.

    Resolved, ‘That no new matter, on which.a Bill can be
    founded, be introduced into this House after Wednesday, the
    6th March next.

    The Hon. Mr. Palmer, by command of His Excellency the
    Lieut. Governor, laid before the House the Estimates for
    the service of the current year.

    Mr. Thornton, from the Committee appointed to wait up-
    on His Excellency the Lieut. Governor, with the Address,
    praving that His Excellency would authorize the Commis-
    sioners of Roads to enter into the several contracts for
    Wharves and Bridges before the breaking up of the Winter,
    reported to the House that their Address had been present-
    ed to His Excellency. and that he was pleasel to say, he
    would comply with the desire of the House.

    Wepnespay, February 28.

    Resolved, That a Committee be appointed, to search the
    Journals of the Legislative Council, to ascertain what pro-
    ceedings have been had on the Bill to. authorize and regu-
    late the gathering of Seaweed on the Shores of this Island.

    Ordered, That Mv. Beairsto and Mr. Cooper do compose
    the said Committee ; who, returning, reported, that they had
    found the following entry :—

    Leeisiative Councin CHAMBER,
    Tuesday, 27th February, 1844.
    Present:
    The Hon. Mr. Altorney General, President ;
    The Hon. Mr. Brecken, The Hon Mr. Young,
    Mr. Macdonald, Mr. Irving,
    Mr. Dalrymple, Mr. Worthy,
    Mr. Macnutt, Mr. Anderson,
    Mr. Boll, Mr. Rice.

    The Order of the Day, for the second reading of the
    Bill intituled An Act to authorize and regulate the ga-
    thering of Seaweed on the Shores of this Island, being
    read ;

    On motion, Ordered, That it be discharged, and that
    the said Bill be read a second time this day Six Months.

    DissentTienT :
    Mr. Young.

    The Bill to alter the Act relating to Statute Labour, was,
    according to order, read a second time, committed, and re-
    ported without amendment—to be engrossed.

    Ordered, That the Rule of this House with reference to
    the presentation of Petitions for Private Bills, be suspended,
    and thereupon—

    Ordered, That the Hon. Mr. Palmer have leave to present

    George Hammond Whalley, of the Temple, in the City of
    London, Esquire ; Edward Irving, of Fenchurch Buildings,
    in the said City of London, Esquire ; and Richard Rennie,
    Villiers Street, Strand, in the County of Middlesex, Esquire.
    and others, and the said Petition was received and read ;
    setting forth--That Petitioners, in conjunction with other
    persons resident in Great Britain, have entered into a Co-
    partnership, with a capital of One hundred thousand Pounds
    sterling, for the purpose of carrying on the Fisheries on the
    coasts of this Island: That Petitioners humbly conceive that
    the establishment of a Fishing Company in this Island will
    be highly beneficial to the Inhabitants thereof—and more
    especially to the agricultural part of the community, inas-
    much as it will afford them a ready-money market for their
    farm produce, which they cannot at present command:
    That Petitioners cannot carry into effect such intended es-
    tablishment in this Island, unless an Act be passed, to ena-
    ble them to sue and be sued in the name or names of one or
    more of the local Agents or directors of the said Company,
    and to limit their responsibility to the amount of their res-
    pective shares: That Petitioners, knowing the unwilling-
    ness of capitalists to invest in an undertaking of this deserip-
    tion without an act to limit their responsibility, trust that the
    House of Assembly will be found willing to grant the boon
    required: ‘That Petitioners, on obtaining an Act of Incor-
    poration, purpose petitioning the Imperial Parliament for a
    Royal Charter, similar to that granted to the Fishing Com-
    pany of Gaspe, in Lower Canada: and praying the House
    to take the premises into their consideration, and to pass an
    Act for the purposes aforesaid.—Laid on the ‘Table,

    Ordered, That the Hon. Mr. Palmer have leave to intro-
    duce a Bill to incorporate George Hammond Whalley, of
    the ‘Temple, in the City of London, Esquire ; Edward’ Ir-
    ving, of Fenchurch Buildings, in the said City of London
    Esquire; Richard Rennie, Villiers Street, Strand, in the
    County of Middlesex, Esquire, and others, for carrying on the
    Fishery in the Gulf of Saint Lawrence, Northumberland
    Sound, and on the coasts and other places adjacent to Prince
    Edward Island,

    lie accordingly presented the said Bill to the House; and
    the same was received and read for the first time.—Referred
    to the Private Bill Comunittee, to examine the same and report
    thereon.

    Read a third time and passed, the Bill to consolidate
    amend and continue the Acts relating to Merchant Seamen.

    The following Message was received from the Legislative
    Council, by Mr. Desbrisay : Ă©

    Mr. Speaker,

    The Legislative Council have passed. the following Bills
    to which they desire the concurrence of the House of As-
    sembly, viz:

    An Act further to continue an Act made and_ passed in
    the Fourth year of Her present Majesty’s Reign, intituled
    “An Act to continue and amend an Act made and passed
    in the Seventh year of the Reign of His late Majesty King
    William the Fourth, intituled ‘An Act to establish an addi-

    eS I

    tional Term of the Supreme Court, and to extend .
    and Trinity ‘Terms for ng ta County.” ; _ Hilary
    An Act to authorize Justices of the Peace to. Es
    Clerks. Appoint

    And also— ;
    - ‘*Souncin Cuamper,
    ‘Tuesday, 27th February, | Y i
    ‘Resolved, That a Committee be appointed, to join the
    n ‘Ad-
    the issue, de novo, of Writs under the Road Coma ati
    Acts, in certain cases, and to which the : Royal Assent hag.
    been withheld. eee
    ‘Ordered, That the Hon. Mr. Macnutt, the Hon. M
    and the Hon. Mr. Young be a Committee, on the part
    House, to prepare the said Address. Aine
    ‘Ordered, That the said Resolutien be commun’
    message, to the House of Assembly?
    And then he withdrew.
    The above ‘Bills were severally read the first time,
    ordered to be read a second time.to-morrow. :

    PTaorspay, February 29. y

    The Honse went into Cominittee, on the considay
    the Report of the Special Committee appointed to
    and report on the Public Accounts, Mr. Longworth
    Chair. a

    After some time spent therein, the Chairman re
    progress, and moved for leave to sit again. ‘

    Ordered, That the said Committee have
    on Saturday next. ,

    Mr. D. Macdonald, from the Committee to .
    referred divers Petitions relating to the Herring and
    wives’ Fisheries, with leave to report thereon by
    otherwise, presented to the House a Bill, as prepared by
    Committee; and the same was received and read
    time. ey,

    Ordered, That the said Bil
    morrow.

    The House then resolved itself into a Committee of
    whole House, to consider further of a Supply.—Mr. Beai
    in the Chair. eae

    After some time spent therein, the Chairman rep
    that the Committee had come to several Resolutions, y
    he was directed to submit to the House, whenever its!
    he pleased to receive the same. Bein:

    Ordered, That the Report of the Committee be re
    to-morrow. sake

    Read a third time, and passed, the Bill to naturali
    Broderus Edinger ‘T'ybring.

    Mr. Yeo, in his place, presented to the House a Reno
    signed ‘Isaac Smith,’ and addressed to him, on t 1
    condition of the Government House and Public Far

    Ordered, That the said Report do lie on the Table,

    leave to

    lbe read a second

    Fray, March 1.

    Mr. Beairsto, from the Committee of the whol
    the censideration of Supply, reported, accordin
    several Resolutions of the said Committee; v
    agreed to by the House.

    The Bill for the protection of the Herring an
    ‘Fisheries, was, according to order, read a second |
    mitted, reported with an amendment—to be engross

    An engrossed Bill from the Council intituled”
    to authorise Justices of the Peace to appoint Cl
    according to order, read a second tine, committe
    mittee rose without reporting.

    The House resolved itself into a Committee of tl
    House, on the further consideration of the Bil
    Schools and Education—Mr. Fraser in the chair,

    After some time spent therein, Mr. Fraser
    the Committe had gone through the Bill and a
    amendments thereto; which amendments were ag
    the House. To be engrossed.

    Mr. Thornton, to whom was referred the Petiti
    Logan, of Georgetown, Jailer, preseated to the
    following Report :—

    BY
    BDO

    of Hugh Logan, Jailer, in Georgetown, . y
    indemnified for the amoant of a Debt whicl
    Jailer was held liable for, in consequence of
    of James Hawkins, a prisoner in said dail,
    That Hugh Logan was appointed Jailer of K

    ty in May, 1839, and on inspecting the Jail-yar
    the same was found to be in an insecure state,

    was reported by him to the Sheriff, The G id
    the County, in March following, presented he|

    Jail fence, and also in May, I841—on which last pre-
    sentiment the Lieut. Governor Sir Charles A. Fitz”

    a Petition of the Hon, W. W. Irving, for and on behalf of

    vrought the subject, by Message, to the no
    House of Assembly, buat the House did not maki
    provision for the repairs of the yard fence: Th
    evening of the Sth June last, James Hawkins, 2]
    for debt, made his escape, by pulling up ont
    pickets of the fence, and in consequence of snch
    the Jailer has been obliged to pay the sum of
    Halifax currency.
    The Committee, from the evidence produced, t
    clined to think that the escape was made previou
    usual hoars of locking up the prisoners for the
    and consequently the Jailer is not blameable
    score of over-indulgence or negligence in his duty
    Committee find, that after the escape personal:
    belonging to the prisoner was attached, and s0
    a Statute Execution, and a portion of the procee
    Pounds, remainsin the Sheriff’s hands, as belon,
    Hagh Logan. There was also some Real Estate:
    ed, the probable value of which is Ten Pound
    will not be available before 1845; but both th
    will most probably not exceed the costs of suit more,
    Five Pounds. The Committee have to observe,
    this information as to personal and real property, }
    ed by Hugh Logan, is not contained in his Pet
    That James Hawkins is now in Jail, having
    ted by Logan for the escape, on his return to the
    last Fall. :
    The Committee, under all the circumstances,
    recommend that, at present, the prayer of the „¹
    be granted. : :
    A motion being made, that the Report of the Oot
    be agreed to, and adopted by the House ; :
    oles, Cooper;

    The House divided—Yeas—Messrs. C
    Longworth, Yeo, Hudson, Fraser, Macintosh, Macg
    Maclean, D. Macdonald, Dingwell, Beairsto.—13.
    —Messrs. Thornton, Aitken, Wightman,
    Hon. J. S. Macdonald, D. Maclean.—6.

    So it was carried in the affirmative.

    Saturpay, March 2.
    Read a third time, and passed, the Bill to alter the
    relating to Statute Labour. ;
    A Petition of the Sheriffs of the different Counties in
    Island was presented to the House by Mr. ‘Thornton,
    the same was received aud read; setting forth—that b
    Act, 7 Will. 4, cap. 15, it is made imperative on Fs]
    selling real estate under execution, to make oath, that bt
    cenveyed by deeds given by them of such Lands are
    larly “appraised” in every respect as by Law dire
    That the only mode of appraisement set forth by la
    be found in the Statute of the 26th Geo. 3, cap 9, by
    jt is directed that the appraisers shall be appoint
    the owner, one by the purchaser, and one by the *
    That such appraisement cannot be effected in st!
    dance with said Statute, as the purchaser cannot
    tained until fourteen days after appraisement, and
    eee alteration of the law in that respect.—La
    ‘Table.
    A Petition of divers Merchants, Meehanics, Farm
    others, was presented to the House by the Hon. Mr.

    setting forth, that in the opinion of some intelligent |

    File size
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About
Title
Colonial Herald -- 1844-03-09 -- Page 2
Date Issued
1844-03-09
Language
English
Type
Text
Genre
Extent
1 page
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Robertson Library, UPEI
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none
Reel Sequence Number
col-her-0638-left
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2
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Robertson Library, UPEI