,t- h', 1.10" the is not e 17 stipulated, that the debtor should tender to the creditor t a sum due, and where the m, 3.1;, I“, payable, it is but fair that the creditor should there h luau“! to bring his action, and not becoInpelled to‘follow his debug fi-om court to county, Indeed any where but 'where the 11.5. wmatracte . The honourable member who has Introduced 1h. 3;” has probabl forgotten that the Plaintiff, resident in his one County, will, y its operation, be compelled to go with his Vim...” into King’s Count to sue bis debtor, should the latter have found his way there. I e (Mr. Palmer) would beg to unde- ceive those honourable members who fancied that the locality of actions depended so much on the inclination of the professional men who instituted them; and that it was their interest to draw business to Queen‘s County. Without the mutual consent of the Attornies in Charlottetown, where these Clients could find none Iresident in the other Counties, it was almost impossible to conduct a suit within its own County. But, where the venue is transitory, the choice lies with the Client, who is always asked in which County he would prefer his trial to be had, and if he allows‘his Attorney to bring it in Queen‘s County, when he himself reSides in another, the fault is his own. Ifa Plaintiff, even now, bringsa transitory action in a County different from that in which the cause of action arose, the Defendant has yet power to move the cause back to the latter County, by stating the circumstance, on afiidavit, and the fact that he will give material evidence arising in that County. It also, at times, becomes necessary for the Defendant, oti affidavit ofspecial circumstances, to clinn e the venue into a differ- ent County, where a fair and impartia trial cannot be obtained in that wherein the action is brought; as in an action oflibel or other such nature, where the minds of the jury have been pre- judiced or hiassed by a: parts reports or publications ofthe case ; in which cases it was necessary to leave a discretion in the Courts of justice to grant uch applications; but, useful and essential as this discretion might be, the present Bill was calculated to destroy it, and not allow the removal of a cause under any circumstances, unless where both partres consented. He (Mr. Palmer) considered the law and practice of the Courts, in those respects proposed to be altered, as at present they stood, ,to be fully provident for the convenience and iberty of the subject; and that alteration, under the circumstances, by no means requisite.

Mr. CLARK said, that, althouin he thought it would not be right a Creditor should, in every instance, be obliged to follow his Debtor from his own County to that of his Debtor, in order to be able to sus- tain his action of debt, yet he thought any suit for the recovery ofa debt, ofwhat nature or kind soever, ought to be commenced and sustained in the Countv in which it had been contracted ; and he was of opinion that site a law, as applicable to all actions about rent, was called-for in a most especial manner. Rent fora farm was a debt contracted in the County in which the land lay; and it was a great hardship, in fact, a great injustice, that in the case ofu dispute between a landlord and his tenant, about rent, that the former should be allowed to drag the latter out ofliis own County, to defend himself in the Court of another County. As many ofthe persons collecting or receiving rents dwelt in Charlottetown or its vicinity, many ofthe persons against whom actions were commenced for the mosery ofrent were put to much unnecessary inconvenience and «expense by being dragged from distant parts in other Counties into Charlottetown, and being obliged to submit the decision oftheir cau- ses to the judgment ofa jury, composed oftradesmen and mechan- ics, on many accounts but little qualified to try cases ofsuch a nature. Considering the reliefit would afford to defendants in such trials, he would support the measure. .

The Hon Mr. Porn observed, that perhaps he would not be ad- Galtcing too much in saying the country was indebted to him for the establishment ofCourts in King's and Prince Counties. Atthe time when these Courts were established he was anxious that trials should be confined to the Counties in which they originated. He had seen before their establishment that the business ofthe Courts was not sufficiently attended to ; trials remained undecided for two or three years. Arguments on trials, not infrequently, took place in Georgetown and Charlottetown when the suitors were not present. The arguments of the learned and honourable member for Char- lottetown were sufficient to convince any unprejudiced mind ofthe propriety of his (Mr. Palmer's) views.

(Remainder of the debate in our next.)

THE

‘@©EJ©EEEAEA EEEéLIl/iflo

' SATURDJIY, MflRCH 7, 1840.

~41. 1.

Owing to the boisterous state of the weather, we have ‘had no Mail this week. 7

A Bill to authorize the appointment of Coroners for King's and Prince Counties passed the House of Assembly yester-

da . 'The Bill forthe reliefoftlie American Loyalists has been lost in the Legislative Council.

Information having been given 'to the Coroner that ' Catherine Webster, (wife of Benjamin Webster, of Fort Augustus Settlement,) who had been confined about a month since, had ma- teriall suffered during her illness, and at length came to her death, from t a neglect and wilful inattention of her husband, in not pro- viding her with the common necessaries oflife, and also by wilfully withholding the requisite nourishment and support, for persons in her situation; the Coroner proceeded to hold, on Saturday last, an Inqueston the body, when, after a full investigation, it appeared that the deceased was in full possession ofsuch nourishment and support as rt poor man in his circumstances could obtain; but that, from ex- treme weakness, oucnsionerl by labour in being delivered of a child, the said Catherine Webster deported this life, and not from any other cause. From the evidence, it appeared that the husband was highly » cutpahle, in not permitting the mother of the deceased to have free access to her daughter during her illness, which was owing to some d' utes existing between the families for some time past. ‘

n the same da , the Coroner held an Inquest 'on the body of Alexander M‘Mnllin, of St. Pete'r's, who had fallen into a creek, called “ Duffy‘s Creek,” and before assistance could be procured, perished from cold and exhaustion. Verdict accordingly.—- Gaz.

Mscnamcs’ INSTITUTE—On Wednesday evening last,

the Rev. Robert J. Patterson, A. M., ofBedeque, delivered a very learned '

lecture on Or'rics. The. branches of the sub'ect which the Rev. gentleman particularl specified and illustrated were Cato tries and Dioptrics—thc former em racing the phenomena of reflected ligit and a description of the various kinds of mirrors, and the latter expoun ing the laws pf refracted light, the construction of the eye, and various kinds of optical instruments.

A good deal of amusement was afforded to a. full house by meansof a Magic Lantern, which was exhibited, to illuslrute some of thefprinciplcs advanced in the lecture—and by the separation of the rays 0 light by meet» a prism.

The Rev. Robert Douglas, of St. Peter’s, will Lecture on Wednesday evening, the 18th instant, on “ Tue ADVANTAGES or Know Lanes.”

The Annual Meeting ofthe Saint Margaret’s Agricul- tural Society took place at St. Margaret’s, on Wednesday the first of January list, when the following statement of its afTairs was laid before the meeting, and ordered to be published in the Charlottetown Newspapers. Almodorflaedonald, Esq. the President, took the Chair. Several mai-

‘ lieu «(business were disposed of, and the Meeting determined upon havmg nfiow' of Grain on the 17th March next. For particulars, see Adver- tisement in this day’s paper.

Game! Statement of the afairs of the Society, up to 313! Dec. 1839 :

Balance in Treasurer’s hands, - £ 6 17 2 Debts due to the Society, - - 37 14 6 In Mr. Mac owan’s hands, - - 30 12 6 Goods in Store—l lbs. Red Clover Seed, at 1s. 6d. 7 10 0 - 33 sets Plough Mounting, at 105. 6d. 12 I 6 I Plou ll, - - 2 - 10 0 20 lbs. umip Seed, at 2:. - 4 0 0 ' 4- Hay Forks, 4- do. Dung, . o 16 0 10 Ha Knives, at 53. -- - 2 10 0 ‘ 1 lb. abb e Seed, - 0 4- 0 1 Hoe, magi, Peas, 25. - - 0 8 3 Total, £102 18 11 By order of th '

e Meeting,“ JQH N EACHERN, Secretary.

1'0 THE EDITOR or THE coLoNIAL HERALD.

.__—-

Ne tutor ultra trepidaml ‘

*- a Sir", Happening-to drop into farmer Hodge’s, the other day, at twenties: was called to Mr. Hauzard's last Almanack,by the farmer s remarking that he could not fancy what had gone wrong With the sun this winter, that the afternoons were '29 minutes longer than she forenoons, as he always thought they used to be e ual. As he (taught also Schoolmaster ought to know ever thing, to applied to ash an explanation of the phenomenon. pon looking into the

Alain-ck, and finding it s s with his statement, I told him I supposed it must have arisen rent an qrror in settin the’types; but that if he would lead me his Almaosck, I would ook into it, and give him the result of my inquiries. » Had the old opinion still prevailed,that thbus drove his chariot up hill till noon, and then down to the western horizon,I could easily have imagined that he might be longer toilin up the steep ‘thnn in sweeping down the other side: but local hardly fancy the reverse, unless, taking warning by the fate of .poor Phaeton, he might keep somewhat too tight a rein.

poalooking, however, into the 6th page, I discovered the cause ofthe hitherto inexplicable mystery. ,Instead of keeping the beaten

track, and taking every thing upon trust from the Halifax fllmrmack- ‘

makers, as they do from Brother Jonathan, and thus giving us a. calculation‘ adapted to the latitude ofthe good people of Massachu- setts, Mr. H. has introduced sundry innovations, some of which (with all due deference to his better judgment) are, in my humble opinion, far from being improvements.

However well versed Mr. Jury and his disciples in Charlotte- town may be, in the difference between mean and apparent time, “ arising from the unequal motion of the earth, and the obliquity of the ecliptic to the equator," countr people generally know nothing about these distinctions; and,if am not much mistaken, should Mr. H. strive for the next seven years, he will never be able to beat it into their heads. The only reward for all his labour will be, that most persons will determine with farmer Hodge, never to buy; his Almanack again.

esides reducing the rising and setting of the un from apparent to mean time, Mr.'l-l. tells us “that the rising and setting of the sun are given, not of his centre, as heretofore, but of his highest point, and are corrected for refraction—a correction hitherto almost always improperly neglected." Of the general utility of the above correction, however accurately made, I am somewhat sceptical. For those who live on the sea coast, and have an opportunity of seeing the sun emerge from the true horizon, I admit that these corrections, when properly made, are very desirable; for they would then have the correct time of the sun's appearance; but for 'those who are living inland, the old mode answers far better, because the difference made by refraction, and the passage of the sun's seinidiameter over the horizon, amounting, at the vernal and autumnal cquinoxes, to 4 m. 52 sec.,nnd, at the solstices, to 5m. 56 sec. will tend to correct the difference between the passage of the siin over the true and apparent horizon,

But Mr. H. has not accomplished what he professes. He may,“ indeed, have made corrections for refraction, and the passage of the sun‘s semidiameter over the horizon; but he has neglected to ascertain, in the first place, the far more important point, the time that the sun’s centre crosses the horizon. For instance, on the 21st June, Mr. H. makes the sun’s upper limb to rise at4 h. 12 m. 36 sec. apparent time, whereas it actually appears at 4 h.6 m. 20 sec., being an error, after all his accurate correction,of6m. 165cc. This has arisen from his having taking it for granted that the sun’s centre rises at 411.19 m., instead of 4 b.12 m.16 sec., its true time ofrising. This is truly “ straining‘at a gnat and swallowing a camel." The longest day is actually 12 m. 32 sec. longer than given by Mr. H., and the shortest, on the other hand, is'not so long as he makes it by 11m. 36 sec. ,

Do not imagine, Mr. Editor, tli t these remarks are intended to discourage Mr. H., or any one else, iom attempting. improvements in any department of science. Far from ilt‘snch attempts are always laudable, even when unsuccessful. ln pointing out the errors into which he has been led, by employing a person who was incont- petent to perform what he took in hand, I should hope he would endeavour to have it amended before he publishes another number.

Whilst on this subject, it may not be amiss to remark, that the calculations for the rising, southing and setting of the moon, are, beyond comparisonfl'arther from the truth than those of the sun. As the moon’s variations in right ascension and declination are very rapid, when compared with those of the sun, it is proportion- nbly affected by the slightest variations both in latitude and lon- gitude—so that a calculation made even for Halifax would be totally useless in this Island. '

But why borrow from Halifax, or from an other place? Shall it be said that there is not science enough in riuce Edward Island to calculate a common Almanack? Have you not an Academy in Charlottetown, liberally endowed, for the urpose of qualifying young men to enter with credit and success into the various walks oflife? Now, a common navigator ought to he possessed of all the science that is necessary for the calcula'tion of an Almanack. Might it not be a very pleasing, and, at the same time, profitable exercise, for seine of the lads at the Academy to make the necessary calculations every year, and make them a present to the Printers?

The country people, at presentrcomplain sadly that, whilst we poor wights receive only from £12 to £20 It year from the public purse, £300 abould be; lavished upon "1‘ two masters'of the Academy, for the benefit of the gentry ofCharlottetown. Now, were it to send forth you the calculations forfin‘Almanack, yearly, for the public benefit, it would appear that the country had a some- thing for its £300. Do, Mr. Editor, just ask them; and if they refuse,or lead inability,tell them they may hold themselves in readiness fbr a good sound castigation from

As ’01.!) Scr-ioouusrsa.

TO THE EDITOR OF THE COLONIAL HERALD.

Sir; Having observed aletter in the Herald, some time in the month of September last, reflecting on the conduct of a settler in this Island ofthe name of David Haystcad, who had, it was said,

' taken agreen wood farm on the western road, from town, and,

after clearing about twelve acres, in little less than two years, and which land was under crop ofdifl'ercnt descriptions in the month of August last, when the said Haystcud disposed of it upon very advantageous terms, as therein expressed—arid complaining that a settler, having been so very fortunate in farming in so sliorta period, nevertheless was not content to remain on his farm, where

is had ample means to support a wife and family, but finally t0'

leave the Island for a more favoured spot; and which appeared to our correspondent an inconsistentthing altogether; and so it proba- ly would to others. I omitted, at the time of publication, to throw light on this subject, by explaining his motives for so doing, which I was very well acquainted with at the time, thinking seine person would probably take up the subject that was still better acquainted with him; but, finding there was a second letter, about three months afterwards, emanating from another quarter, (apparently from some landlord),,I have been induced to answer your corres< pondents. In the year 1836, I was a passenger With the aforesaid, in the ship Brunswick, from England, and, after landing at Quebec, I was induced, by flattering representations, to accompany m

friend to P. E. Island, (be having a son at that time living with .

Smallwood, Lot 49, as a farming labourer). We took a }passage in a vessel from Quebec to Halifax, and when 0 posite the net Point ofthis Island, we met with W. Wood, in his fishing vessel, who landed us at Georgetown on the lat. Aug. We nflerwards moved on, by land, to Lot 49, to see the son, and remained three months there, during which time my friend was engaged as a farming labourer, with two or three oft e respectable settlers, and, after it short time,

. he began to be dissatisfied with the customs, habits, and way of

living especially, ofthe people of this Island; his wife, also, was

‘ very much dissatisfied; they were also dissatisfied with the mode

ofpayment of wages, viz : a great part in produce, and the scarcity ofmoney. He often said, the living was worse than he had when he was foreman ofa farm in England, where he had been livmg twelve years. At this time, before the winter commenced, he was anxious to return to England, America not being what he had been led to expect from the representation made to him before he left England, and said that he would surely leave this Island, as soon as ,he could get money together sufficient for the passage; and finding there was no probability ofdoing this as a farming labourer, be determined to take a green wood farm, and to clear as much as he could in 'as short a space of time as possible, and to sell his im raved farm to the first person he could meet With—all which he didp; and this is the subject matter ofcomplaint ofyour correspon- dent. The latter observed in his letter, Ihflthlall' of hands had done much in less than two years, which Icoul not rightly com- prehend, as a man and three sons could not be (Imagine) con- strued a pairofhands; they were hardworking mep,and were much reduced in personal appearance, while they were in the Island. II saw them embark on board the steamer, for Pictou, and the said it was their intention to go to the preferable part of the totes, where they expected to meet with better land, a more copgenial climate, and living more in the English at lo. _I heartily cotncided in their resolution. I have not heard oft em since. Yours, doc.

Win. BLAINEY.

P. S.—This explanation may not satisfy your correspondents, but they may rely on the truth of this statement.

Stanhope, Jan. 7, 1840. 22:59.22:

first,

At Cavendish, on the 22d ult. Mr. William Simpson,aged 78 years, an old and respectable inhabitant of that place. ‘

\

SALES AT AUCTION.

BY S. D‘ESBRISflY.

THIS DAY (SATURDAY,) at 12 o'clock, Fifty ' BarrelsPrime HERRINGS.

. BY W. H. GflRDINER, N SATURDAY next, the 14th March, in Queen

- Street, opposite Mr. Stamper’s corner, at 12 o’clock, noon, Without reserve, the following GOODS :—12 pairs Blankets, 1 piece blue Pilot Cloth, in lots; 1 do. Lion-skin do., in do.; 3 do. Merino; 1 doz. Fur Caps; 1 do. Woollen do.; 6 Monkey Jackets; Moleskin do.; 3 pieces of Cassimere, in lots; 10 do. rinted Cottons; 2 doz. Men‘s Hats; 900 yd. unbleached Cotton; ‘ doz. ready made Vests, I do. duck Trousers; 4 Shawls (large size).

N. B. If the da should prove unfavourable, the Sale will take- place the next Mar et-day.

Surveyor General’s Office, 18th February, 1840.. THE Surveyor General will submit for sale, at Public Auction, on Saturday, the 28m March next, at the Court: House, in Charlottetown, at 12 o'clock, noon, the following PflS— TURE LOTS, in the Royalt ofsaid Town, viz: Nos. 353, 429, 431, 462, 46 , 563, 459,550, 477, 504 and 51.0. GEORGE WRIGHT, Stirveyor General.

DISSOLUTION 0F CO-PARTNERSHIP. NOTICE is hereby given, that the Co-partnership

hitherto existing between the undersigned, was, on the first day of March, instant, dissolved by mutual consent—their term having on that day expired. All persons having demands against the said firm, are requested to render their accounts for adjustment, and all those indebted are requested to make immediate payment to

John Hobs. 1 JOHN HOBS, DONALD NICOLSON.

Charlottetown, 6th March, 1840. JOHN HOBS, Cabinet Maker and Upholsterer, begs

leave to acquaint the Inhabitants of Charlottetown, and the public generall ,that he is now carrying on the above business, in his Shop in ent Street, opposite the residence of T. B. Tremain, Esq, where all orders in his line will be thankfully received,and

executed with neatncss, punctuality,and on moderate terms. March 6,1840. ~

THE Subscriber returns his grateful thanks to the In- habitants of this Island in general, and his customers in Charlottetown in particular, for the liberal patronage with which be has been favoured during the 18 years he has been engaged in business here, and begs to inform them, that, as he kee s unex- ceptionable Worktnen, and superintends the whole of the usiness himself, all orders for Country, Ship, and Saw or Grist Mill Work Will be executed with a neatness and dispatch hitherto unequalled.

Latest and most approved Sliips’ Trusses made, inferior to none ever imported. .

.Also,Trusses for cases ofRupture, said to be superior to any other kind in use. ‘