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ass, but which, when the occasion passed. were unworthy d ruucnmb" m“. ported a ll r. i. r r fthe-Anisri itteethenre 'a i rt.ereieo - eanTi'o. alinrac. which was read the first tune, and ordered Ibr a seeon reading the next day. . Tucson, February 25. '

Mr. D. Macdonald, from the Committee a pointed to prepare and bringin a Bill for the regplation of the tshery ReservEs in this Island, presented to the ones a Bill," prepared by the or:. mitten; and the sameTwssmii‘oad the first time,and ordered to read a second time on ho a next. . ~

A tition of Thomas Bobin’son, and others, at ling themselvi'es mam rs of a Committee appointed by the_loya Americanke it} goes, the provincial disbanded Troops, and the represesitilittvel 0 such persons, was presented to the House by Mr. Rae, an t i: not; was received and read- praying for a Bill calculated to put t edam

attics into the possession of such unoccupied wilderness l'a‘n s a:

ad been previously surrendered for their benefit, and which sttl remain in the possession of the proprietors by whom the surrender was made; and furtherpraying the House to address the Throne, for a right to locate the petitioners, and those whom they represent, on the aforesaid lands, or on such lands as may be at tlte disposal of the Crown in this Colony; or foraoch other mode of relief as to the House may appear meet.

sovsars'r BILL.

The House then went. into Committee ofthe whole, to trike into consideration the .Bill fortbe relief of the American Loyalista, the. to ther with the above petition. . O I ‘

1. Ban, when the preamble of the bill was under consideration,- said,it.wu scarcelysolong as the preamble of the Loyalist Bill of last se'nion, and did not contain all the allegations against pro- prietors which set. would warrant. There- were facts referred. to in the preamble, there was a reference to Colonial Records, wluch would put it out of the ower of the Colonial Secretsr again to say that'the claims of the oyalists had been dormant for Til-ll“! years. The present bill, he said, was not liable to another ob action which had been mademthéir former one. It did away with t tat which res- psctcd the impossibility ofgetting lormer locations; and also that about the extraordinary power given to Commissioners. Mr. Rae referred to Colonial documents of the years I790, 1793, and 1809, to shew that the claims of the loyalists had not been dormant for 56.nor50, nor30 years; and, for the samelpurpose, he read an affidavit of Thomas Haszard, sworn in 1812. tcould no longer, be observed, be said that claims were remote and dormant. It might be dificult, he said, to persuade the loyalists that the House had done all in its power for them: however, sound judgments would see in this bill all that could be wisely attempted. Ifinore_had been aimed at, they would have lost the Opportunity of putting their claims on record. That done, they or their descendants, would, some time or other, get all that had been promised them, though not all to which they were now entitled. -

The different clauses havin been gone through—Mr. Speaker resumed the chair, and the C airman of the Committee ri-ported, that the Committee had gone through the Bill without making any amendment thereto. The report was received, and the bil was ordered to be engrossed.

It was then resolved, that an humble Address he presented to Her Majesty, in support of the Bill for the reliefof the American loyalists and disbanded provincial troops, or their representatives— and that the Committee who prepared the bill be a Committee to pre re the Address. I

'Iel‘ie House thcn adjourned.

Wannasosr, February 26.

The Hon. Mr. Pope moved the second reading of the Bill to enable Commissioners of Small Debt and Justices of the Peace to ap int Clerks.

r. Mscrsrosu said,it did not appear that the honourable gentle- man who had brought in the bill was ver anxious about it. It would be better to delay the measure until it was called for. one objection he had to it was, thatit would be establishing a_school in which to train up Magistrates. Magistrates were complained of as they were, but if Clerks were allowed them, he expected the reasons to com lain of them would soon be greater.

The Hon. r. Pun asked, whom does the honourable member (Mr. Macintosh) expect to ask for such a measure? Were they to wait till they had ascertained whether or not a majority of the peo- ple were in favour of any new measure beforet ey proceeded to carry it into law? He was happy that the honourable member (Mr. Humanism had no .in' tier oh'ection .to bring against. the bill, than tliatit would estab isli a so ool for the training up of magis- trates. In that ligltt he (the hon. Mr. Po e) thought it would be ver useful. A person after having acted or some time as a Clerk to Commissioners of Small Debt, would certainly be better qualified to act as a Commissioner himself, than if he had never filled such a situation. The appointment of Clerks would leave Magistrates or Commissioners unbiassed. It was known to be compulsory in other provinces, as in Canada, Nova Scotia and New Brunswick. It was the case in all Courts of Session and in all Courts ofcon- science. It was the rpractice elsewhere, and no evil was found to arise from it. It woul frequently be found a convenience to suitors; for magistrates, like others, were not always to be found in the way of those who might want them. The bill would not prevent a magistrate's doing his own business as heretofore, it Would merely ms or itlawful for him to appoint a Clerk, should he Iliink it ro er to do so. As for himself, he could see no objection to the bill, at evqsy thing in its favour. The honourable member (Mr. Macmtosh) wsuniatalten when he represented him (Mr. Pope) as not favour- able to the bill. He was not personally interested in it, but he considered it a good measure, and, therefore supported it. He was open to conviction, and ifit could be shewn that the bill had an owl tendency he would abandon it.

Mr. Pall!!! suggested that the bill should be read, that the prin- ciple on which it was founded might be before the House.

The question was then put, and carried in the affirmative. The Bill was read a second time aceurdin ly.

Mr. Cults said, he was as willing as anv one to consult the _ convenience of magistrates and Commissioners, but be thoughtsucb an Act as that now proposed would operate vcr badly. It would, in a great measure, do away with the responsibility of magistrates. _Ifsuch Clerks were to be ap ointed,they should be men ofconsclence,snd not encouragors of? litigation. For the in- creasing of their fees, magistrates might appoint creatures of their own to hunt out and encourage law- suits. Ho ho ed to see a

'Bociety formed for the suppression of law suits, and 1 to protection ofthe poor idiots who would otherwise throw themselves into the rapacious grns‘p ofthe law; and to the formation ofsuch a society he would gltt Iy lend his assistance. All that magistrates were required to do, he thought thcy might very well do themselves.

Mr. D. Mscuosscn intended to oppose the bill in every stage. The only thing which had been advanced in its favour was, that it would prevent suitors having access to magistrates. That good was far more than counterba anced by the power which would he possessed by the Clerks to hunt outlaw suits.

Mr. L: Lscnsna could see no utility in the measure. The magistrates might well enough attend to their own duties. By the bt_ll,sll.would devolve upon the Clerks, who would be irre- s nsible alike to country, clients, and magistrates. In the part of t eeountry from which he came, no Clerks were wanted. In Charlottetown, if a clerk were appointed by the magistrates, he would doubtless be a lawger. But if the Charlottetown magistrates waisted a Clerk, could t e not appoint one, on their own respon- Illilllly.Wllll.0llll law to t at etl'ect. Honourable members were told that this bill would entail no additional as case upon the country, as the clerks would have to be paid out o the fees alrem dy allowed to magistrates. In one way, it was true, no ’additionsl muse would immediately fell upon thecountry in the shape of

tees; but let it once get into pla . and they would soon find “could not work wtthout some ad itionsl allowance to clerks. His impression was, thstlet the magistrates then get in the little figment] they would sopn get in the whole hand. In pleading for this bill, its friends might say, “ spare it, is it not a little one!" But what would the co aence be? In two or three years on pteathat business had increased, and other pleas of the shuts lam, sslatie’e would he demanded for the clerks. Magistrates

at first might do a little, and, in the end, the country would have

to do a great deal.

"I hills. Tnoitpios coulddqot toll whabh‘pnoursble members meant by e opposi on at at at . i not see wh a m ‘strs

should notbe allowed to keep“: clerk st his own I’eaidenzse‘; bi: saw no_ > _” agepersl clerk. By the present law an act of e as sin. _-olerk, In. his capacity of clerk, was binding upon . is prtnotppl. . Hoped honourable gentlemen would allow the bi_l_l_to go to Committee. If Clerks were allowed to Commissioners of small Debts, he thought they should, when a summons was applied for, give the defendant notice thereof, b

letter, for which a shilling ought be charged, that he (the defen— dant) might have an opportunity to settle matters without further

:1 ughfigc‘b a plan would prevent hundreds of suits, within even

.~""~,.i.ii oroieountrr‘fl" “-

Ir. nulpr m there would be poor, that, Ij'lzltiy.twevti/ tq'p? clerks themsel i bee av. an r o 'r as I o . - om mg". on' Mt" ‘Po'fgmnedi'lhfl dineztiltl'ashaflgii‘mmissionsr member of the Executive, he had cease ‘° . l "m in. “I. we of

omeall Debts; be m, therelbrei no d-m‘o'“ e the bill' H. w” "rpfiwd “I” lie I: the magistrates ti-om all taken to the bill than that it would re lzvreneved from n” res on“- responsibility. Was the {01350; ,1“? 3‘“ t, k to the supreme on"? bility by the appointment and acting ofac er t em No inconvenience arose from such an appom - commodmion of Mr. Rs: thought the Bill was intended for t elm: “I that Com- afew. He bopedtlie country "ll "0‘ “me ‘° ' "'t “we "m, we missioners of small Debt bad so many summon”; fed“ : The 3, , could not do the business without the assistance 0 héwever he wasAbrougbt in as agifl to the country. Such lb? be Presenrted’ could not regard without suspicion. snakiilmtlgw“ his: mm the concealed in a basket ofroses. The responslh lbde sememenm in magistrates; they were generally personst OB “mmck the Uni_ the country; but a man dropping in from er 1' ismn’e‘ clerk, ted States, or elsewhere, might be aPliml'm’ a magam 6”: an and,-in that capacity, might issue sumnionses,cnpl_ in“; in" this suddenly disappear with all the records: No magic ct could be colony, but one who had much private business to transa ficould or. in any want of a clerk, and few other magistrates than iiucIve magi.- furd to keep clerks. He thought there were only_tert 01' EV" ch clerk. tratea in the colony who could afford to keep clerk! , an ill a would to increase their own fees, it was not unreasonable in sup‘pg: ind up be dili ent in hunting our suite, to bathed by i 0” "in down pointed them (the clerks). Had the Bill gone-to theldcu I get me offees, instead of rendering it probable that it won tsllilVthe w _ people to still further elections, it would have been wor .yl'I d furp port ofthe Homo—it would have been a measure not unca el- Mr. Aasucxu: said he did not intend to so much upon tie su .- ject. He would observe, however, that he tiou lit no i‘nco‘pveqi- ence could arise from assimilating theinferior tut e superior surfs. Mr. PALMER said it was always for the beriefit ofa copntlry to it; cilitate the operation of justice. The appouitmont oft: er :5 would no doubt be a convenience to some ofthe tnagtstrates,but .t won -be a greater to suitors. A suitor might not always be able to prgcurof a summons direct from a Commissioner—Ilia might be put off, Ht 1 he had to apply to a clerk, he would get it Without excpse: A} pie- sent, a magistrate, from a relation of a case made to him Inl-Prlvl‘ti e, was liable to imbibe a prc‘udice which might affect his ub to ya g- mcnt in the matter. 'I‘ iat this was the case,. he,( r. Pa trier)l himself knew from his having been concerned in crises of appea from the Magistrates' Court. A magistrate, betore granting adsum- mons, might have made up his mind upon the subject, an {d (an hearin the case,would not give way. This, by the bill, won 3 got rit of. Cases would come before three Commissioners who might judge without partiality. It appeared to be than ht that if the bill passed into a law, it would-not, at present, or or a. long time, be acted u it any where but in Charlottetown; and that tfthe magistrates in C iarlottetown were to appomt a Clerk, he would be one of those reprobates'of society, as some honourable members appeared to consider them, one of those long fingered gentry, as they were described, the lawyers. ‘ But he maintained that the appointment ofa lawyer to such an oflice, instead of being likely to multiply suits, would prevent many. Ever man applying for a summons had not a good cause. If it man wit a bad cuuse applied to a Commissioner’s Clark who was a lawyer, he might ver likely explain his case to the Clerk, and us he (the Clerk) won d be ’n disinterested party, and able to judge o the merits of the man a case, on finding it a bad-one, he would, mostprobably, ndvrse him to desist. Thus, the Clerk, if a lawyer, might prevent many bad causes from going before the Commissioners at all, and consequently prevent litigation. It has been stated by an honourable member (Mr. Clark), that be hoped to see the day when there would be no necessity for law, that is, be (Mr. Palmer) supposed, when such miscreants as lawyers would be banished from the face oftbe earth. The millennium, in the opinion orthe honourable gentleman (Mr. Clark,) appeared to be much nearer than be (Mr. Palmer) thought it was. Since he (Mr. P.) had been in the House, objections had always been made to the enacting of law. No law! no law at all ! was almost the cry. He thong t if any code ofluws could surt

some people, it would be no other thanjudge Lyiicb's. He had '

always understood that the laws were a protection to the people- Honourable gentlemen should rccnllecl, 111M if they were 1”. Ila" no laws there would be no need of legislators. The rcsponsrbility under the bill, as it appeared to him, “70”” “‘5‘ “W” the magi" trnte. The clerk, on the authority of the magistrate, would Sign for the magistrate, ‘ and affix his seal. If honourable members thought the mensttre uncalled flir, with respect to country Com- missioners, let them try poor unfortunate Charlottetown; let them not destro _ the bill entirely; let it pass for Charlottetown alone.

Mr. D. ncdonnld then moved, that the further consideration of the Bill be deferred until this do three months.

The Hon. J. S. Mscnmuu) had listened to all that had been said for and against the bill. lie lind heard no arguments against it which at all weighed with him. If, as a law, it would not be a benefit to the-country, it would certainly do it no injury. Very few magistrates, he be ieved, would have clerks.

The Hon. Mr. Potts moved, in amendment, that the Bill be now committed to II Committee oflhe whole House.

‘N'I‘lic8 House divided on the motion of amendment—Yeas, 14.

avs. .

The House accordingly resolved itself into the said Committee.

Mr. Fnsssrt observed, that Commissioners were not by the Bill made liable for tho olficinl acts oftlieir Clerks; and he proposed an amendment to remedy the defect.

Mr. Rn: said the Governor was in some degree responsible for the magistrates. According to this Bill, an individual might be appointed by two or three magistrates by whom he was to be privately paid—- he might even have a commission upon the amount offees, a mode ofpttyment which would be a highly improper one : it would then become the interest oftbe Clerk to encourage liti ation. If magis- trates were to be allowed Clerks, a magistrate ought to be made res- ponsible for every act of his Clerk in which the hitter acted as the croplof tilt; former. P

' is on. r. on: would willin lv second an s I which was likely to protect the public End to prevent fieli’:§lrllgl::?t

Mr. Ls Ltcuzutt said they were re uipd to permit the appoint- mentofan apparently irresponsible body who were to issue sum- monses, subpoenas, and. processes, who were to be omnipotent in power. btit for whose inisdeeds they who appointed them were not to be held responsible. lfmagistrates overstepped their jurisdiction

‘ 7 the party aggrieved could appeal to the Supreme Court. But b the Bill before them, tftl person should be aggrieved by any mistalze or error, wrlful or otherwise, ofthe Magistrate’s Clerk there was to be no redress. Iflhe Bill passed. provision should be ’made for am I restitulion and amends in such a case as he had just supposed P e

The Hon. Mr. Port: said this was a ke to the common ‘sense of the House. The honourable member ( r. Le anheur) had told them thstn mnnoould remove his case papers 'ud m t d l. ofthe hands oftho ' , ,J g ‘en “n a IN"

magistrates, but Clerks were not included ' H (Mr. Pope) would not impose upon the Co ' I 8

might be imposed; asecurity might be exact d 1f

Still he did not see how anv particular delin tie

the Clerk could occur. The fees were certain.litn‘ilnjiiid;iiiiaiii vijziirzf

:ggid, art: should be read. Ifit were said the Clerk/might receive a . _ . . .

mfii’yr": run sway‘wtth it , so, it might be answered, might the

_ r. Ru: again spoke against the measure H

gislrate having to go hither and thither, might agpgilihtr‘hig :onmnd

youth ofeighteen years ofnge, to act as his deputy. No restrictioiis

merelto be imposed upon the magistrates as to whom the should 'or

phptetzrrii:;:p_pomt_. t The El" [I’nl‘ll‘ll create a very useful'scliool for

moms rat ' " I to P" w dearly for it. es, at c s ould not like the -ountry to have

Mr. Purses said ohe objection was no sooner got rid of than ano-

ther was started He had no ob' ' ' . . ‘ jection to the ' ' g:::;:fi;l;:u’ght ll. w_as lso ind the Bill. Tlidgi’e‘i-rllttlhiilihidf 3:; _ is principa . an the ma tstrate l‘ bl , his clerk, so far as the ' ' g m e rm "’0 an" or . g .y pertained to his office a d at this day, whether he (the clerk wer ,' n wou'd be held .0 _ . e n :iion law. under an express law, 2r mereliypztmt'iig iiv'ildlerfih'e coin- Pal. The clerk ‘ ' ' ° "5‘ pm'

each deputy should be ace was unnocessarv it sl l ' before his appoihtmeniz'hd do so

arise requisite to pre- not knyliw that by the n site 0 . . ’ I(we'd, that afler the wofd “ Cleiiitrf'lin 'th e inserted : “and for whose act tir acts i:

. issi g such an appointmentflhallnlifii't'fil

Mr. Pope) wis ed, as far “possible, to

The Hon Mr- Po’z Em debarred from filli

first clause, these word the discharge of his d

{usiices ofthe Pen“, ‘3‘. ilvl‘wh Commissioner or .Cnmm times responsible." H. (

e valid objection was '

' provemcnt ofthe Act as would apportion the burthen, by a scale of rada-

oarsht‘e sis-her credit for the

' ' 'l ' he hecouidnotgstthsw mm Whmh he Mk h! . gazen‘dment, netbecause he i . cause with the amendment II.

comprising the propos ' I to the house. His sole objec f it to be called for, had been the want 0 T the magistrates. With that amendment,i ‘ t b‘ect to it. , fmTii: HhhidJilg. ‘lilitcdonald seconded the amen out, not , he thouwht the omission a defect, (for the princtps llw.,. my fl ‘ onsible° for the acts ofhis deputy,) but because it wo /_ .m_~ , ltibjections of some honorable gentlemen to the Bill. . 1‘ ‘ Vt ' a tee to. I I _ ‘ M: '7 I; ‘ flieazifiiggigzilpggzsé by Mr. Rae,havrng forits object the ,

venting of clerks to be appoimed and“ me A“ “Ring re" for :

sel’I‘h: Hhiiilitgi'ifllzggia moved the following amendment ;_ . ,

' kc lb an seed '

' acted That the said Book, sotobe p y . , t élgidals’eatl'dreeriaid, shall be handed over ‘to heCEOanlulfm" u. 6 Commissroners who shall have appointed suc ‘6' ,on a: i out ofuflice or being superseded; and if the par- erk . w,” ‘ l t or refuse to deliver up to the said Commissioner or Com... ' signers such Book, when demanded, he shall lorfelt and pay, for. - ‘ such ofl‘ence, a sum not exceeding Twenty Poundsf, tphedlecntavs t with.costs, iii the Supreme Court 0f.JlelC'tll|II'8 0 tin s , I t a plied to and for the usepffiler Mayesty. d' . . I g