HASZ.»\ltl)’S GAZI:l'I"‘E, DECEMBER, 10,

EASZARDYS GAZETTE.

Wednesday, December 12, 1855.

Wars we alluded to the opinion of the Re- corder, upon the Question of the Comiuon, it was in conformity with the usual duty of a public Journalist, in giving to our readers an outline of what was passing in the City Coun- cil. We did not profess to give either the o inion of the Recorder, or the observations of

r. Councillor Davies at full length, butjust so much as would enable the public to ascertain what had been done in the matter; and, cer- tainly, with no view of provoking any angry discussion. Mr. Davies has, however, chosen to publish his sentiments in the form o a re-

port of his own speech, made after the Recorder‘

ad read his opinion ; an truly, we cannot think he has thrown any greater light upon the question, much less proved, that the opinion is an unsound one. In speaking ofit, Mr. Davies thus exprcssses liiiuself:-— ,

" I allow tliai considerable resciircliiiiid ability are displayed in getting it ii , but I disa tee with the lionorsble geiiileiiiiiu iii lll!pC0llClIl:lll\nSgOI| one im- portaint. and iii-lo.-cd the only doubtful point on which the Council felt any i-idccisioii, iind on wliicli it was expected our lcgil ziilviser would li-ive olfered ii deci- ded opinion. thi- h -.-hriiiks from; Illlll is, your \Vor- ship,—\\’li:it right docs possession gm the iiolilers of the Coiiixiioii? Hi: this lie is silent; but you are aW.ire,;iiiil it is well liiiowii, tliit ii p.iri_v liulding pus.-ii-,s.ii-iii of public: piopoity for any length of tiiiii,-, ill no way leeseiis the right of llio public tlien,-to.“

'l‘lic question of time might have been the only one in .\Ir. ).ivies‘s opinion, but, Mr. Davies is no Lawyer, as his speech very clearly shows. lie ilocs not even kuow,»tlic legal ini-

ort of the word " Couiiuoii," or he would not love talked of the i-iglit oftlie public thereto, and of its immunity from prescription. The public have nothing to do with it—it is the commoners, and they are private persons. The fact is, that the question of the Common is be- set with diflicultics. The first is,-—IIas there ever been a Common for Clnirlottctown? .\lr. Davies says :—

"Wlicn, your \Vorsliip, at what tiiiie, for what price, have the ciiimiiq of Cli:irloiii,-town p lflnil \Vllh the noble gift bestowed by linyailly itself.’ llis ‘sla- jesty King George the III , iii the ltoyiil In~trui-lions to the Lieuteiiant Governors, liiviiig set apart .’llltI ris- servcd upwards oflive hundred acres of land for the purpose of ii Coiiiiiiuii, and _lor czzlargiiig til-: T0tt'Il when required."

(The italics are Mr. Davies‘s own.) Now, here is a diliiculty which he would do well to explain. How much of the 500 acres is reserved for the Common, and how much for the enlarge- ment of the Town? “fits a fth, or a half. or what proportion appropriated to the latter pur-

se l It is clear, that whatever it was, it was

but part whioli was contiguous to the 'l'own, and it is equally clear. that the Crown reserved to itself the right of granting it to individuals as the Town Lots were granted. Now, we ask Mr. Davies, where does the Coiuinon begin, and where end i what are its mete.-s and bounds? Before any attempt is made to east the parties in possession of the Common, it in ust he first as- certained where it precisely is, for otherwise. it will be impossible to determine whether they are trespasscrs or not. The question that the Recorder had to answer, as he thought. was,- Wliat action can the City take, in order to have the right of Common restored to ist in habit- ants? And this question he has answered in the negative. The City Council can do nothing. They are, as a body, dcharrcd from even assert- ing, that there is a Common. for the Act by which they are created. and by which their ex- istence is continued, has incorporated that which is claimed as Common into the Fifth Ward of the City. The City isin possession of the Common through the occupation of its Citi- sens. Mr. Davies puts this question to the Recorder :—

“ But, I ask liitn. had they a right to vote.’ Are they bomsfide owners cftlie Coiniiieii, or any part thereof? Unless the Recorder can prove them to be bonafids owners of the Coinirioii property, the Re- port drawn up in their favor with so much labour and artifice. frills lo the ground.”

The answer to this is very plain and very short. 'l‘licre is no necessity of proving them [Iona _/ii/c owii-.-rs, pusmzisiiin is quite siiflicient, there need be no question oftitle any more than in any other part of the City. '“ Occupation " ofa house, shop, or piece of ground of the va- lue of £5 by the year, oonstitutcsa Citivcn, and

ivcs him a vote. It would be a strange anomaly indeed, if in action of ejectrmcnt could be brought by the Citizens against themselves.——A House divided s inst itself. Mr. Davies and a majority o the Council really think that

o Recorder's opinion is an incorrect one, why do they not move,that the legal opinion of some

rofessional man or men he requested? If they

avs no confidence in the Bar ofCharlottetown, send a case in which the facts are fully agreed a ii, to some eminent Counsel in either of the ad)j.oiuing Provinces, or, if the like better, to England, and if his or their op nlon is in their fsvor, they can then do, as Mr. Davies nys will soon be dons : “ Make its Common indeed.”

Till: Committee of arrangements for the Tea p_"-YR)’. held Nov. 30th, for the purpose of reali- zing .3!» fund to meet the expense in plaistoring Providence Chapel, Cliiii-lotuitown, respectfully tender their thanks to the friends of the differ.- ent denoiiiiiiations, for the deep interest inani- fested by them on that oceiisioii. and it is with pleasuretliey inform thcin, that the proceeds of the evening amounted to the sum of lilo. They regret, that in consequence of the large number assembled. the building, though exit-iisirc, was not sulliciciit to carry out the arrangements of the evening, and that the company were de- prived ofaddrcsses from our esteemed friends the Rev. .\lr. Snoilgrass, (Church of Scotland), and the Rev. Mr. Brewster, (Wesleyan), who were present on the occasion. The also ten- der their acknowledgments to David Wilson, lL'sq.. for the use of his tioblc mansion.

llliitoiiiirr IIl'Glll-IS, Secretary.

Tar: CI1ARLOT‘l‘El‘OW.\' M sciiiNics' lssrircrs Commenced its sixteenth Session last night undbr the iuost hrilliaiit aiispices. The Soiree was a most successful iilfiir. The Hall was hc:intil'ully dec.irati.~d, and well filled; the Tables were amply supplied, iiud the Ladies presided over tin.-iii, with courteous grace. .-\l'ter the more siibstautiiil realities had been discussed, llis II<|llf)l' the President took the Chair, and opened the intellectual part ofthe proceedings by delivering an extemporaiiicoiis iiiiiiigiiriil address upon the objects oftlic Insti- tute. The Misses Precdy then sang with great pow:-r, one of their beautiful olive, and the Band tIlSt.'0llI‘St!(I sweet i\lusic. 'l‘lic lion. Ed- ward Wliclzin then read an excellent Lecture upnll the benefits of .\It-cliiiiiics’ Institute, and

l -vi- . sssssuisa

Wt! learn from the Eraminer, that the Bill for laxiiig the Item. Rolls of Proprietors, and the lcnants Com ensation Bill have been re- fused the Royal A lowance. We shall, in our next. give ii short review. of their urpose, and of the reasons why they have not een sent out agreed to, as was confidently expected. we hear iilsc. from the same source, that the En- rolled Pensioners have been disbanded.

Tue Rev. Mr. Fi_tzGerald ledges the sum of 2s. (id being the amount of a line received by him against a neighbor, which he hands over for charitiihle purposes.

thankfully acknow- _

ed Thursday the thirteenth day of December next, to be observed throughout the Province,’ up ii. Day of General Thanksgiving to Almighty tied for his abundant mercies vouclisafed to it and to the Nation. i

POLICE COURT. ‘ Dec. ll.-—Tliomr.s Foley, for having one an- stiiuiped Pint measure, convicted , lined l0s.,§ with costs. John Collins, for having one unstanipcd Gill measure, convicted; fined 10s., with costs. . IL'iIilCI Noonaii, for having one unstampcd Gill measure, convicted; fined 10s., with costs. .\l:irtin Iliiyden. charged with abstracting two Cold llings from the chest of Mary Ann Doynin ——chiirg-2 not substaiitiated. _'l‘ho:ii:is 'Bowdin, drunk and disorderly, con- victed: lined 5s., with costs, or be imprisoned S hours,—comiiiittcd.

Tl

.\lr.<. Warren then sang one of her . Sivcdisli p.i_-.tor:il Etillgfl John Kenny, F.'sq.. then il(I(lI'CSBt:tl the iii-eeiiiig upon the Sciences, and iiiadea very interesting and instructive speech: another ode was then sang, and the Band agaiii played. .\lr. lleard was then called upon to speak, and made some ovscrva- tions upon the iniiiiiigeiiieiit of the Institute, and upon the czipabilities of our Mechanics compared with those ofothcr cities. The IIon_ the Colonial Secretary tlicn oflercd some rc- iiiarlrs in reply to Mr. IIi'.'ll'tI ; and SlIl)St'ql1-.‘lli.- ly paid it well iiicrit-il compliiiiciit to the Ladies. and iiioved the folloiviiig rcsoliitioii: liosolved.—'I‘li:it the tli:iuli.v4 of Hit.‘ meeting be given to the I.:iilies, for their successful efforts Ill promoting the objects for \\'llli‘.lI this Soiree has been

Mr. Ileard seconded, and Julia Lawson, Esq., in quite ii. gallant style, supported the resolu- tion. It was carried with 3 cheers.

Mrs. Warren then sang another song, and was heartily encored.

’l‘he lion. Lt. Col. Swabey, in a neat speech, moved the following I‘('.90I|ltI0l'.| :

Resolved-—'l‘li:it the tlizinlts of this meeting be given to the Ladies of the Choir, and Gentlemen of the lismi for the Harmony produced, and for the trouble they have taken in preparing such appropriate Music for this oiree.

And which was seconded by James D. Has- zard, Esq., Vice Patron, and carried unani- mnusly.

The Band then played the National Anthem, and the meeting dispersed at ten o'clock in perfect harmony, after giving three cheers for the Queen, and 3 cheers for lie Excellcny the Patron of the Institute, whose absence from indispositioii, we very much regretted.

t was annnounced, that on Tuesday evciingv

next, the President would give an Address Oil’;

—“ The list, present, and future prospects of the Institute,” and, that immediately after the Oiiice-Bearers for the ensuing year would be elected.

The Door will be thrown open to the public in pie lower Hall, and the Chair taken at 8 ‘c ock.

Tue Storm of Friday has, as we anticipated, been attended with disastrous effects. The Far- r_v Wharfon the other side of the Iiillsborough has been almost entirely destroyed. Several of the new blocks are swept away, and the mate- rials of which they were composed scattered along the shores. he Schooner Gad, Bagg, Master, from Halifax, lying alongside, taking in a cargo of Oats, was riven b the fury of the gale upon the wharf, an sunk,—fortu- nately, very little of the Cargo was on board. On the opposite coast,we an erstand, the storm raged with greater violence than here ; several vessels are reported to have been lost ; so much is certain.but of the names we are left in doubt. One vessel which had gone to pieces between Country Harbour and Mcrigomish, is supposed have been the Bay Stella, bolongin to aines Pope, Esq. ; at least, the contents 0 the Cargo : Pork, Oats, &c., which have been washed on shore along the coast, give every probability to the supposition. We much fear, that a long list of casualties will have to be made out, when time has been ed for more correct infor- mation. Ths Bar ue Ann Reddin is said to be among the lost, ‘but on what foundation thin‘ rumor is based, we have not been able to learn,

it is said to be but too probable. Everything‘

' ti) 8 tte fconpctu IIIO tole- ;t:;I|yIIlIOu0imp.flIlr in Nova Broil? have been

pi-ostrstod, and communication out cl‘.

‘\i.Aw RELATING TO i..isirs: [Passer], Nov. 28, 1855. ‘XI. it enacted by the CityCouncil of the ) City of Charlottetwn :

That whoever shall wilfully, maliciously, carelessly or wantoiily ‘I)l‘e:tI{, throw down, extinguish or otlier\vis_e ln_]lH'0 any of thc_City Lamps, or the iosts, irons or other furniture to the same be onging, shall upon conviction thereof forfeit and pay a sum not less than live shillings nor more than five pounds for each lamp so broken or damnified, and the like sum for each post or iron or furnitune so broken or damaged ; and costs of prosecution, which fines and lcrfcitures, shall go, the one moiety thereof, to the use of the City funds, and the other moiety to the person who_sliall pro- secute for the same ; and the foregoing penal~ ties shall apply to any person or persons committing _the same depredatioiis on lamps and posts being the property of private persons, or posts and lam a put up an kept at their expense and it s al be lawful to punish the offender or ofienders, .in case of no_n-ability or refusal to comply _with the foregoing _iines by commitment to JMI for a space of time not exceeding ten days for each and every pound so fined.

V I

Roar. HUTCEINSON, Mayor. Wii.i.iiit B. Wiii.r.Vna, City Clerk.

LAW 1'0 E8'l'ABl.IsH THE CITY ss.u.. _ -1’-\ [Passer], Nov. 28, 1855. BE it enacted by the City Council ofthe City of Charlottetown :

Sec. 1. That the Common Seal of the City made of Silver having engraved on it the device ofa ship, a Plough and a Sheaf of Grain and the words “ City of Charlottetown Prince Ed- ward lsland Incorporated A. D. 1855” shall be‘ the City al.

c. " The City Seal shall be kept by the

-I.

N. B.; goo s. 4th, Mary, LeBlaiic, Boston; goods. Foam. Hali- fax‘

The Governor ofNeiv Brunswick has appoint- sih

iiblislicil by Authority of the oil»? C-0‘-iiricili '

Port of Charlottetown. Ill D

an vs .

D€°- 3: -llllll. St. John, N. 8.; goods. John Hast- ings,Sl. John's, Newfld.; fish, Gee. il. Ingram, Picluul “UN. Sic. Alice, Rogers, Halifax; goods. Mary Ann. Anderson; do. I"iivorite, St. John,

Gad, do.: do. Liirllo

Aurora, do.; do. Amiindale, lleaiisto, do.; do.

O’l.lrien,do,; do.

6th, Jcniiina, Green, Boston; do.

' {mm J”h“ Cflbecki ' Nov. 30th,Barque Liverpool, b Wm.

Welsh. Ann lteddin, Mcttne, di-., by—D.l eddiu. Ilrig Stella, St. John's Ncwflil., by J. C. Pope.

cc. 3, liixluiiry, U'llrii_-ii, llalifaix. Lark, Pictou. I1’l'.'|'i|di', l'ir:iii-l flirt,-I‘.

, lliirque llilishoroiigli. llolilni, London, by -—- ltoberi-i. John Ilildllllgtl, Pietoa; bal. Bay State

Boston; oduci-. Brig Katy Darling, Sidney. Lucy’, O'Brien, li:ilif.ix. hip News.

Sehr. Sure Gotha, hence for Boston, witha cargo of I’riiducc,sti‘\ick on 31 rock in St. Aiidrew’s Passiige. and sank.

Sehr. Tradesmnii. at Halifax from P. E. Is- land, got ashore on Saturday evening, at the entrance oftho Eastern Passage. Was gotofi',on Sunday, with loss of chains and anchors, and towed up to the city by one of the steamers.

'1‘ IB Hark INCREDIBLE, apiiiin James Miileoliii, owned by the iiiiister and the late firm of Messrs. A. 6:. J. I)uiic:iii 61. Co., I’. E. l.. from Cal- cutiii, lioiiiemird bound, struck on ii sunken rock oil‘ the Island of I’rep:iris, iii the Bay of Bengal, on the 3d September. The crew stuck to the ship until she heeled over, when they were obli_«_vi‘d to take to the boats. 'l'lie Captain and eight of the crew took he long boat, and the reuiiiiiidcr ofthe crew took the other two INHIIS. The latter two boats were picked up, and taken iiiio Cnlcultii, but we regret to hear the Captain with Ilia long boat has iiol. since been hear oil‘.

IIE Sulisoriher has received instructions to sell by Aucrios, at the Sliipyzird ofillr. I"ii.uvcis

Alum, ltusiico. On Thursday next, 18th December,

At twelve o,cleck, ii. iri., the Schooner Perseve- rance, Iiurtlien per Register, 11 7|-100 N. M. with her SPARS, lticaiivo, Chain. Aiscitoiis, die, as she now lays capsized in the Ilarhour of ltuslico. Also, the Suns, ltusixirra EAR, llimcxs, lloivr, Ste, of the said vessel, delivered at the place of sale.

I)ec.6. \VILl.IA.\I DODD, Auctioneer.

A. STRAY COW. BROIVN COW, 4 years old, has been on the Subscriber's premises for the last month. The

cwiier can get her by paying expenses. JO N l\lcPHI-IE, .N‘or!li. River.

_{_—

Dec. 12, 1855 .

LARGE STOCK of New and Popular pieces of MUSIC just received from the Uitrrlin S'rA'rss and for Sale by IIASZARD 6; OWEN, rirrinng which an-.:— ' Battle of Alma, with descriptive Frontispiece 3 Alma March, I Sebastopiil is ours, Song, “ March with a beautiful Lithograph view oi‘ the Cit , _ Fall of Sebastopol, a descriptive Fantasia, The Queen’; Letter, Csjeiiina Waltzes, Military Parade March, Minnie Myrtle, Song & Chorus, The Yankee Song Robbin Almsd, L» llltrdl Gras, Shrove Tuesday, viz. Pande-

""""|D wt.

moniun,

The Children of Haiuian by the National guard lland 7th Iicgiincrit,

Zephyrs from Newport,

Rival Polka,

l\laIiilmtf,

The Trench Quaddrille,

Flag that braved ll thousand years,

I I

City Clerk.

Sec. 3. All deeds or documents where the City is a party and whereto a seal is requisite shall be authenticated by the City Seal, and the Mayor and City Clerk shall sign the same,when authorised by any law or by any city ordinance, or by direction or reso ution of the City Council.

Sec. 4. The Mayor may aflix the Seal to any certificate at the request of any person desiring I

See. 5. Any erson requiring the City Seal to authenticate ocuments shall pay to the City the following fees:

For any document to be used abroad or out of the City, for the Seal 7s

If to be used only within the City, 5 0

For the Seal to any Certificate. 3 9

Roar. Hirrcnissos, Mayor.

WiLi.isii B. Wsi.i.vuii, _

City Clerk.

C9 9-

Married, On Thursday,-the 22d of November, at St. Paul's Church. Antigonish, by the Rector of the‘ Parish. '1‘ Rev. W. Stowiirt,of Cherry Valley, I’. E' ls- land, to Clisrlotts Sophia, youngest daughter of John Dsxtsr, Esq. Aiiugoritsh.

Died, ' _ On Saturday evening. tho Bth Dpcsmhor, Eliss- lieth. the beloved wife of Mr. William Smsrdsn,

sg: 40 years Clio was s nstivs of Devon, Eug- ls .

0 6 6 6 4 6 6 4 4 6 6 6 4 6 6 6 4

I-In-ti-sh‘

Canadian Sleigh orig, My Cat beside the Sea,

Auction at York River.

BY 1!. W. LOBBAN. .

N TUESDAY, ilie l8ih inst., commencing at 10 0 o’clock, on tho preiiiises of Mr. HECTOR. M‘KlNNON, at the junction of the York River and Bedeque Road,

The Stock and Farming Utensils, Household Furniture, &.c.,

comprising 5 COWS, in calf; 2 Heifers, 2 two year

old Oxcri, to Sheep. 2 Pigs, 1 Cart, 1 pair Har- rows, 1 Plough, l Wiiinowiu Machine, I Track, Feather and other Bods, Be toads, Parlour and Kitchen Furniture. _ .

The Household Furriflure is of good quality. If"! in the very best condition, the Auctioneer having viewed them personally.

Tmnr—Cssli up to £2; from £2 to £5, three months; from £5 upwards, five months.

Dec. 7th.

W A N T E D . MILLEII, for s Grist Mill, who thoroughly, un- dorstsuds h‘i‘s hi|isiiioss. to whom libsrsl wages 1 . '_ t '" ' "° '"°' W ’ ° Jessa waioirr.

Bsdsquo Mills, Sept. 28. N.B.—A sisgls hiss preferred.