' prietors." dats_d the 4th J one, 1855.

i'N‘7I-an none}: or ASSEMBLY. Wednesday, -20th February, 1856.

IS Excellency the Lieutenant Governor having tra'ns-

nritted by Message, the following Documents to the

House of Altenibly, for the information of the llouse, it was thereupon,

Ordered, That the some be inserted in all the Newspapers published in Charlottetown. . p"

Also, the Papers marked Nos. 1 Ind 2, I'll g...

Extract from Minutes of the Executive Council, dated 27th August, 1855; and . ‘

Copy of Desputuh of the Right Honorable II. Lahouchcre, st'¢|'t'I‘tI'j' of State for the Colonial Department, dated Down- iirg Street, 2lst Decenrbt.-r, l855.—su‘rseqItently presented to the IIO|l:0, were likewise ordered to be published as above.

JOHN M-Nltlllrlr. C. II. A.

Extract of a Despatch from Secretary Sir George Grey of the 17th November, 1855.

Copy of a letter from Mr. R. B. Stewart to Lord John Russell. praying that the Royal Assent may be withheld from f-o.n certain Bills passed last Session of the Legislature. dattd the 19th May, 1855.

Copy of Memorial hnd Petition of certain Proprietors to Lord John Bussell against " Bent Rolls Bill“ and “’l‘en:rnts' Compensation Act," dated the 4th J une, 1855.

Copy of Petition and Remonstrance of certain Proprietors and Agents of Land in Prince Edward Island. to the Queen, against the “ Act to impose a rate on the Rent Balls of Pro-

Ccpy of Petition and Remonstrsnce of certain Proprietors and Agents of Land in Prince Edward Island, to the Queen, a ainat “ Tenants’ Compensation Act," dated the 19th June, I 55.

Copy of I‘ctition,of certain owners of Township Lands, against "Rent ltoll "Bill" and " Tenants’ Compensation

' Act." to Sir Wm. Moleswortb, dated the 27th August, 1855.

Government House, 20th February, 1856.

Extract of a Bespatch from Secretary Sir George Grey, if the 17th November, 1855. "I have to acknowledge your Dcspatche.-, by which you

trarsnrit to me, for Her Majesty's sanction. two Acts passed by the Legislature of Prince Edward Island, in the month

- ct‘ April lasi, intitu!ed_respectivcly :-

" ‘ An Act to impose a Rate or Duty on the Rent Rolls of the Proprietors of certain Township Lands in Prime Edward Is and. in order todefray the expenses of any Armed Force which may required on account of the withdrawal of the troops. atrd for the further encouragement of Educ:rtion;' and ‘ An Act to secure Compensation to Tenants in Prince‘ Edward Island. and thereby to promote the improvement at the Soil ;' both of which Acts contain suspending clauses reserving them for the assent of the Crown and ; also ira'ns- init represtiitationrnfrcm various parties interested in the subject of these Acts.

"Her Majesty's Government have considered these Ac‘s separately. and with an anxious desire to do justice I)t'IWeI.'ll the Community of Prince Edward Island in general and the Proprietors of the Soil, and to allow the fullest possible scope to the principle of local independence in Legislative matters. subject only to their paramouirt duty not to advise the Crown to assent to any measure intlicting manifest wrong on any of Her subjects.

" I regret to be obliged to inform you that [Yer .\lrrjesty'.~ Government had themselves unable to advise Her Majesty to g ve ller assent to either the one or the other of these Acts.

“ It’ the Legislature of Prince Edward Island should lirrd that the Revenue of the Island is not suficieut to defray the

ubic expenses of the Colony, and if these expenses cannot be diminished by any économical revision ‘without detriment to the public service. a general tax atfecting alike all incotncs arising in any way from land, from houses. from trade, from manntircturcs, from salaries. or from any other source, night he a fair and proper mode of providing the requisite funds; and it’ such an Act were put-lbvl (with suflicient rt-ason shewn for it)—-up lying equally to landowners and ten:-nt.<, to pro- [wit-tmri an oc.:upiers-such a measure would he free lroln objection. ' / — - '1-“'I‘_he ineasare intitnled ‘an Act toseeu coinpensati-in ' ‘ ‘ " k.“-‘ V. -‘t 'llnt:}|.I()‘t‘t’I‘ltuiImIt(l ‘m . 5 ~ t3::n . Cow . .">L.%bt ‘ _ "I03 betw - , ‘ nthe landowt:er,~lr_v which tlre y to the landowner a listed annual in amount, for the land which he must either forego the rent, and thus let - pass pl ctically to the tenant, or he must pay to the suiugequal to twenty years purchase of what is ~- annual profit to the landlord, created by the M3 lcsses‘s itnprovetnetits on the soil.—~the amount ol Illicit mt-nt would in many cases be equal to the rocket- ill“ _of the tee simple ot the land. In the one case he W“ . over to tho tetrant the land itself; in the 0tl‘t‘l ld mike over to the tenant a sum which might ~ ~ the value. hfths land. less to t trumsrate all the object ions which apply to. and the more so as they are ably stated in resented against it by some of the owners of nted with your Despatch of the 2i July last. refrain from remarking that Ill0.~‘0 lands ll~ Island, on which any great IlhpI'DV8|IIl'IIIr y tenants, were let in a state of wilderness, 'nal rent of ninepsnce or a shilling an acre. ‘ I-standing that they were to be brought the tenant; that to secure to _the tenant prolt at’ his improvements. leases ct . "to given; and that a tenant who, by ‘l|l°‘_“““‘" °' ‘I00. is unable to pay that insignificant M. It -ls-s--3 \, I: to an at. lease to the heat bidder, '3 "ll" “”“““ “I0 market the value of the improve- togrs he may have _" ‘

_,a>

l I — - I.

h It.~ii.rlly yo; ma ‘ he lsndl «

tie

in

even go

" ltir to this ~ the ll. - land.and t Ilut lt-at Prince hid have been I at the almost on the expre~I into cultivation the enjoyment Kttaordtiaryl _

"II I

art‘

Copy -1] a Letter from lllr. R. B. Steicartlto

: Lord John Russell, praying that the Royal Assent may be withheld from certain Bills’ passed last Session of the Legislature.

Cusitacrrsrcwzz, Prrixca Enwsan Isms» . Mair l9th, 1855. , pl! Lona- As the Proprietor ofabout 80.000 acres of land in this Colony. I beg to be pr.-rrnittcd to address your Lordship. on the purport and objects of certain Acts recently passed by Ilia Colonial Legislature, ntrd about to be transmitted for the, Iloy at As=ent. I out but too well aware of the amount of -self-govcrtrineiit conceded to the inhabitants of this Colony,I rtid exercised by ihcui in unlimited or universal gum-age, still kcrnirot willingly believe that Her Majesty's Government mood to denude tlieniselves of their-just right and prerogative as a Court of Appeal in extreme cases ofinjustice, such as those intended here, and to which [now catrcat your Lord- slti 'ri'uttetrt'ott. . " .-\n Act to impose a R‘:t_e or Duty on the Rent Rolls oflhe I’ro;n ictors ofcertain rented.'l‘ownsl_rips Lands in Prince l-Jtlward I-land, in order to defray the expenses of any Armed ‘Force which may be required on account oftho withdrawal of thp Troops, and for the further encouragement of Educa-

Tire proposed rate or duty is‘ to be 5 per cent upon the annual rental ‘offdiclr proprietor of more than 500 acres of land, whether the retrt be paid or npaid. An exclusive tax tqbc solely lcvicd upon one kyofincome, may wellbe deemed unjii.-.t and opprcssive., A penal, tax upon die ownership of wilderness land, in the form of that L-ind Assessment to wlrieli I am already subjected, is now intended to he sc;-oti«l'etl by it penal tax upon the rental of leased land ; a penal tax. Iought to say. upon our bad debts; for at least 50 per cent of thtuenta due to me under lease, may iv.-ll he tcnnel bad debts, and not recoverable without air outlay of time. nr-rney and trouble, which may demand the -ytnpath ofliritish noblemen and gentlemen. unused to such evils an annoyances in the recovery of their just dues from tenants on. their lands./By one existing local law of this Colony. the landlord is debarrcd front the remedy opcngo all other classes of Her Majesty's subjccts—the small De t Court ; b another existing local law, the process of distraint for rent is rendered so dillioult as to be almost impossible. ..-specially on propc-ty managed by Agents. By means of my own active personal agency on my own latrd. and by the aid ofltwo or three active, honest, and resolute followers. 1 utu able occasionally to elfect n distraint by way of making example of some nrore than ordinarily knavish or insolent tenant ; but this cnnizot he done without employing two or three rrrctr. anl those actuated by attachment and good feeling towards myself, instead of tl.c one man for whom the law in laws me to charge expenses; and by maintaining and sup- porting. as it were, it garrison in the eiremy’s stronghold during the injuriously long period to which the law has extended the time for holding possession of the distrained goods, before salc.fl'he preamble of the Act against which I address your Lordship recites that the proprietors. by certain covenant.-’ in their lenses, contrive to evade the payment ot',the Land Assessment, and to saddle the tenant with it. The tenants indeed are generally bound by their leases to pay the Land Assessment, as well as their rent, much as tenants in Eng- land are bound to pay tithes and rates, but many of our Tenants here pay neither Land Assessment nor rent; and if the proprietor iti such case do not pay the Land Assessment. his lreeliold is proclaimed and sold by the Sherifl'. Besides this. and much irrore than this, is the oppressive penal tax on wilderness or unoccupied land on which there is neither ‘ lease nor ten t; the proprietor cannot even attempt to evade the tax ‘gen this portion of his property; in my case it amounts to nearly as much as all the rents which I receive from my leased land. The prennrble of this Act, and its consecutive sections, cannot but strike any impartial reader as breathing the strongest spirit of hostility to the landlord», speaking of “ Propria tors, factors trustees, receivers, or owners of more than 500 acres of land," much in the same tone as sotrre ol-l Acts of, Parliaiucnt use in denouncing rogues. IllI‘.'V\8 and vaplonds, to be suppressed and put down f0LIllc lreiitlitofthc coarnrunity. With regard to any armed force which may be required on account of the removal of the troops, our _local Legislature are not likely to dcetn such force neccrctrry for any purpose, and meat assuredly not for the benefit of the proprietors, itr enabling them to recover their rows in the lirce of open and vicleiit rcs'stanee to the Slrerilf, as [ myself can testify from experience. Nor was the case d’.li'crcnt under the old or exclusive regime. The late Col. Ir-inc. when acting as adnriiiis:rator.of the Govern- ment alter the dccease ofsir Donald Campbell, assured tnc that he had instructions. for-bidding any such employment of the tnilitary t‘orcc. This was in reply to my application to it l3..‘&'.'.£"-2.’,......°""“"".'il'.‘.'.'°.1’t‘.’f......-. ....... we do: the hands a no tiled body ofrrrtned ru

one of tar tenants IIBVIII‘ starts on |&a’Ds g

Jrhtfifiiar

proprietor can look for no bent fit front any armed fore and surely be at present contributes, und. r the Land Assessment Act, more tlrnn it fair orjuet proportion of his means for the encout agemt tit ol' pulrl'c E lucation. 2. " An Act to‘ securecompcnsation to Tenants in Prince Elward Island. and tlgercby to promote the improvement ol -he soil." By lltir’ Act it is intended that when a tenant is in arr-ear ot'rent. and the_ landlord would proceed by the u.-uul rrrode ol'd-.straint. followed. when rrcthing can be l'onnd upon which to distrain, by annction of ejectmeut, the tenant shall compel his landlord in the first place to compensate him, the tenant. for whatever improvements may have been made upon the land. since the commencement of the term, the value ofsuch improvements to be ascertained y arbitration. Until within the last nincyears, the pcriodiduri g which I have been ti resident proprietor in this Coloiry. I was rirtiutrcly rcquaintcd with the practice and theory of the manage ment or landed estates in Great Britain. 'l‘hc present Act does certainly seem to me a monstrous innovation upon all those principles which I had been accustomed toconsider hand and cstablislrcd by justice and unrge, in regard to such property. But the evil ofsucll an Act as this wouldbe less extreme in Great Britain than in this Colony, wherein ninety nine persons out of every hundred have adirect fellow feeling Ind personal interest on behalf of the tenant, and quite Illi- rcrerss towards a landlord. I do not hesitate to say that justice is quite out of the question. and could not be hoped .'or, under such arbitration. The Act would have, and is ntended to have, in connexion with other Acts, the eflect of

Dan, tnrau I

depriving the landlord ofsvsry rcinstly, other than the as-

L

is

_ Gnu. who were accompanied, ““ and ‘seconded by. it metrrber of the 1.. gialative Assembly. The v

peiisivo one of an action at law in the Sup "-4 _ _ Juditxrtni-c.—tho rent being no more than on

acre per annu alike our compo:

when it propric

iutim d rry person dar

report y and of principle, the jury bein of tenants, or persons interest ' hoping thcifivos to become freeholders, witho 5 » their land,a the sanctity of an oath being but E _ tor is to beinjured by its infra _ - all these adverse influences or circumstanoei. , but littlr chance of succeeding. and still less c .. ‘- llttin by his 'success, if he should gain his

ation and threats then are brought to

taking the vacant farsr-3,-intinridation and , th to property and person. It is evident the

in, the defendant being gener

ing to take. or to treat witls_,tb

— ciiAiti.o'i"ria'roWN, PRIl‘lCE EDWARD ISLAND, THURSDAY. 1RCH

V Clvufi Of

part, the itnprovcmenta of the outgoing hens 030 be 01

no value to the landlord, beyond the small in-coming tenant would pay for them,when fairl V - undue haste, brought to sale by public auction in t The value of clearing the land of trees, and brin cultivation. is very getrergilly reduced auddeetnoy ant improvidcntly cropping and exhausting the man y of those v to go to the utmost extent agaiustrthe landlord, wo likely to say. in case ofthe farm being ofered t that they would tnuch rather take a green wood farm at once, and ‘“ have all the good out of it to . to say nothing of the tinrber trees, which the term cu‘ls from every part of his farm, and (if not cl . L, * from the pi-oprictor's vacant land also, lon ' a very small part. of the said farm be hroug t into In common fairness. an Act ought to be psql compeirsatiotr to the landlord for delapidtitious the out-going tenant. who never paid any rent, and who actually remo Q from the premises at good part of the farm buil making his exit.

3. In an Act relative to Highways there is t , When land held by a tenant or lessee

clause.

ery persons who, as arbitrators,

I have had a tenant great

which an

‘usual way. ~ it uirder

iliivation. to give lllcfl by

I bllowing r lease.

or agreement, or a. part thereof, shall be laid ofi' pr ken for alinc of highway or road, the tenant or lessee charged lroni any further or future payment to ‘landlord, in repeat of the said |and,or of a art

‘thereof. according to the extent or area oft e la!

the highway or line of road. I believe this enactment to be an unpreeed

in legislation, and quite unjust in print: Assessment is levied upon the entire area

road and all.

part, or some other Act, Ira passed by the House 7

with ti provisi s up, as

’l‘hc Act of which the above ext

on, that in case a road-way she not being required, the fee simpl

wh had been occupied by the said road-way

the tenant and

passed by the Legislative Council. I may also 5 Act was passed by the House of Assembly during ts rcoe t Session, requiring proprietors to put their titles n rcco , before recovering rents from their tenants ua er lea .

not to the landlord. This enact

2:121

be dis- cssor or

r portion rd ken’ for

list" novelty _Th Land 'Ibivnsliip. fie‘ forms it asscnrl. p ever b

e9 =‘ G D -1

agreement. or otherwise. I need scarcely point out toy r

Lordship lion’ directly such an enactment would strike at root of a great principle hitherto recognised in theletti real poperty, that the tenant cannot question liislandlo ‘s ' The Legislative Council have not passed

title.

ll‘ OP

is

Act. bitt it was brought forward as a Government metrs 0.

As such it was passed by the House of Assembly

been published as having been passed by the

Council, so as to lead the coutrtry constituency to bel to be the law oftlic land. and thus to be strengthened in obstinate resistance to the landlord. These facts are}: of tho animus entertained towards the propistors. further proofs of such animus, I beg to submit to ycurl ship some extracts from a speech made by the Co Secretary, the Hon. George Colors, in the House of Asset on March 29th last. in the course (fa debate on it subject of Escheat. Your Lordship will see that these ex are not mere expressions of feeling, uttered during ti- of debate; but that they are deliberate nvowals chi policy and present views of the speaker‘:-—-“Belieii

l'}~chcat was impracticable, I have introduced atrl

other measures for the benclit of the people, at the

of the proprietors. This course I promi

my

{and i as

E 91.

ie

racts heat past that rricd pense tuents

00

at. my that election that I would pursue. They aproved ot' it. and they returned mo. and I have been ret'ned to the House at every subseqqent election, and I have -llowed the satire policy ofdealing with the Land Question motrately. but to some practical clfect. Under these circumamces,

consider rnyscl

the honorable member, and in doing so, c common soyin v “ I am satisfied mitigate the hardships on the tcnanlry, arisi 5,; original gt-antag that remedy is by ‘Iain; the

th

roprielorn.

people-"

ivilliout its in

regression."

populrrrit y, by

and sweeping

ltome f rom tlr

er the Land‘Pu " I think the Bill I proposed to bri lcr.ls to record their titles, will boa su

lam no party man. ividc our little state, abusing each other und Tory and Liberal. or in Colonial phrase, Snatclicr.” dilier solely upon ‘the division are, as it were, constantly bidding against

are able, perl'ornring their promise, to lie

laws of justice. alone that I can look for either protectio or whatsoever party ma ' nsI have mention . liu time being. of the reins of local rulcitr if an impartial viow were taken of almos

f at perfect liberty to op the

is, to give it a black eye.” . tho pro

“9:"..‘.l".b.'l"' "-‘

rchaoc Bill." ‘

The following is an extract from the speech mcnrbcr of the Government, the Hon. Joseph Wi the same debate :- '

" Before long I have no doubt that the prop be glad torsell their lands to the Government, t land tn; they will lind to be a souren-but heavy burden, ch in not

tlucnce upon them now. The

The two opposin

resoition of

shall snderour, as

6, 1856.

enquiry into the lcnity of my Ol antry; and further. that during been in this Colony, there has nr

~ the part of any Proprietor, of 1

ivitlr whic'i we are charged by the

bread by asserting falsehoods. Earnestly hoping that the 1'4

given to these continued and ui

. Proprietary body,

I have &e., (Signed) ROBER

r The Right Honorable

Loan J OHN Rosanna, &c. the. ow.

Memorial and Petition of Mr. Charles Wright 1 against the Rent Roll . tion Acts, dated 4th It

Tm: hliaiionisr. axn PETITION .0. Uivsrziis or LAND IN PRINCE

-That in addition to any furtl your Memorialists may become measures affecting their interest.-

" beg leave respectfully to submitt

statements.

That certain loeal enactmentt sessions of the Legislature, have stranccs on the part of owners Colony, respectfully urging th Minister to the serious coiiseq affecting the value and security Island; the object of'the Leg into the market. with a view t Colonial Government, under an and thereby affect its re-invest the working of op ressive stat tinned. will be ta amount to situated.

That the titles to the lands Crown in the years 1769 am Ministers have on repeated occ be neither just nor politic to int for the non-fulfilment of condit grants, as such conditions were been regarded by parties maki the Island as an all-suflicicnt g Government would not permit: the interests of proprietors, he the foregoing assertion as rega