VOL. 22.

ltgtslattbc firottthfttnfl.

HOUSE OF ASSEMBLY. Thursday, January 29. Morning Sitting .

The House in Committee on Bill to amend Civil List Bill oflsst year—\r1r. Wtghtman in the Chair.

Hon. Mr COLES rose and said, that as it had appeared that the first Bill submitted. for the purpose of supplying the omission in the Civil List Bill of last year, with respect to Her Majesty's Title toCrown Lands o the Colony, was not quite satisfactoryto the House, the Ltw Clerk had been instructed to draft another, which he begged leave to submit, as an amendment to the first. When the first Draft wasta- Iren into consideration, it appeared. to some members that it

rovided for the re-investment in Her Ma'esty, of the Crown nds, wlriclt, by compact, had been ce ed to this Colony. Such, however. was not the intention nor the true construction ofthe Bill. It had. however, appeared to ltimself, as well as others,that the titleofthe Colony or Assembly to tire disposal of all the Crowir Lands by grant, sale, lease, or otherwise, and to the proceeds of the same, ltad not been made suflicieiitlj promi- nent and distinct in that Bill. The amendment which he was about to submit, was however, calculated to retnove all doubt and ambiguity on that score ; and, he hoped, it would be fouitd to be carefully. and guardedly framed and worded, so as to afford sitisftictitin to the most scrupulous and suspicioits amongst the guardians ofthe public rights. ' ‘he defect in the Civil List litll of last year, was simply the emis- sion of Her Majesty's Title to the Crown Lands, as the‘ So- vereign. It had, in fact, owing to the omission, been found by the Law Officers and the Executive here, that owing to the omission, in the original Bill, there was a very serious, if not an insuperable obstacle, in the way of granting a Deed to any ofthose Lands. It was necessary that the title itrteiid- ed to be conveyed by any such Deed or Grant, should proceed from the Sovereign, by acknutvledgiug or setting f'ortlt the original title of the Crovvn.just as in the original Grants to the Proprietors. It was quite clear by the ottly possible inter- pretation of the amendment, that it would most effectually provide for L b the I ‘ ' ‘ "fulltitlc and pow- er to use or dispoaeofthe Crowt. Lands, in whatever way should be deemed tnoat coridocive to the public good. The honora- ble mt.-tuber then submitted the amendment which was read by the Chairman. to the t.-ffcct here given in an Abstract ofit.

“ By the Civil List Bill of last year it is enacted, that all the Right of Her Majesty, whether in reversion or otherwise, or reserved in, and to all and singular. the Lands, mines of Gold, Silver, Iron, Coal, and other things therein enumerat- ed, within this Island of which the Title was then in Her Ma- jesty, sliould be assigned, transferred, and surrendered to the disposal ofthe General Assembly of this Island: and whereas in couipacts between the Crown and Coluiiial Asseiribly, such as that contemplated in the said Bill or Act, whilst the right to dispose ofthe Revenues and profits arising frotn the public Lands, and the stile and rent thereof, and the regulation of the expense of managing the same, has been conceded to the Local Legislature, it hits nevertheless been deemed essential to con- tinue and maintain the Right and Title ofthe Crown over the soil itself for the purpose of giving valid Deeds and Grants thereof, and for the purpose ofvarious legal proceedings, and such was accordingl the course pursued in the Act ofthe Ge- neral Assembly of ova Scotia, providing for the payntent of the Civil List thereof, bttt was not provided in the said Bill or Act, which therefore requires amendment. c it therefore enacted tlrst the word “ Lands" in the l‘2tli section of the said Act, shall be omitted in the reading and meaning, and tliatthe sxtion shall read and be constructed, as if the said wor “ Lands" had never been therein inserted.

_ And be it enacted, That nothing in this or the said Actcon- tsined shall extend or be construed to extend to prevent the grant, sales, lease, or disposal ofatiy ofthe ungrautcd lands, or ofany other interest or reversion in the Island, by or on behalf ofthe Executive Government thereof, and in the name of Ilcr Majesty. her heirs and successors, but that such grants, leases, sales, or disptsal ofsuch ungranted lands. tleblflv ||Il8N-‘S18. and reversion, anil the management and controul thereof shall re- main and be invested in the Government ofthis Island, or in such officers as shall be directed by any Act of the General Assembly of this Island hereafter to be passed, and the nett

s ofsucli grants, sales. leases, or disposal ofsuch tin- granted Lands, debts, interests, and reversion, shall after dc_- ductitrg the expenses attendant tipon the management thereof, be paid into the Treasury of this Island; and an account otsticli expenses shall be annually laid before the General Azsciiiltly oftliis Island, and the said expenses shall be subject to the control and regulation ofthe s:iid General Assembly, and no other or greater allowance, salary. or expenses shall, oti airy account, be taken or increased, than such as shall be fouitdaitd allowed or sanctioned by the said Gt-.tieral Assembly.

And be it enacted, 'l‘hat it shall be lawftil for the Lieutenant Governor, or other administratouof tlreGovernmunt ofthis Isl- and for the time being, by and with the advice and consent of Her Ma'esty's Executive Council thereof, from time to time, in the name of Her Majesty, her heirsand successors, togrant, sell, lease, and dispose ofriuy ungrnnted Lands ofthe Crown, and have sitch other powers. in stffull and ample a manner as has been heretofore vested in Her Majesty previous to the pas- sing ofthis Act, on such terms and in such manner as to him sh ll seem best and most for the interests of this Island, and for such purpose uttde his hand and seal to give and execute lllncoessarv Deeds and Conveysnnes, the sairre being made nevertheless in the name of Her Majesty, her heirs and suc- oessors.

And be it enacted,'I‘bat this Act shall not go intooperstion, 0; by of my effect or force.uiitil Her Majesty's assent shiill be signified. and nitrification thereof shall have been published in the Royal Gazette News per of this Island.

Mn. DA VIF.$.—lIe entertained the most decided objection to the Bill, because he viewed it as a violation ofthe compact entered into, by the Lieut. Governor of the Colony, on behalf ofthe Crown, with the Representatives of the Peo le, for tire full and entire surrender and cotrtrol of the Crown .snds and Revenues in this Colony, to the Assembly, on condition that they should provide for the future paytnerit ofthe _Civi| List, and utalte a stipulated com tisatiori to certain retiring Govern- ment Otlicors. The Asscuibl bail faithfully performed their part, and it was for ‘Her sjeaty as fsithlully to perform what was engaged for in her name. He. for one, would never consent that the Crown should be allowed to resume any title to, or authority over, the Lands and Revenues, which by com-

t, had been coded to the representatives of the people, to be

ld by them in trust for the public benefit. _

. PE said that he had had objections to the Bill as first drafted and submitted; but he was of‘ opinion that the Amendment would satisfy all tltat, if adopted, it would effectu- ally provide for the full retention of all rights ceded by the Crown to the lorry. Nothing was required. 0" bfhlllullltfl Crown. but the recognition, in the Bill, of Her Msjesty'_s title to the Crown lands. in her Sovereign on city. and _without which recognition, it would be difIiuult,i stall possible. for the Government of the lony to rant or convey to a third

rty, b Deed, a valid or legal tit s to an portion of those Ends. hat the Home Government woul lieep good faith with the Assembly, with rss to all the conditions ofthe curl consequence of‘ w rich the lots change in the Go vsvtttusst ofthe Celosy was sfictsd, he could not allow him- mlf, In one moment, to doubt. rate be, ons,

- but, at so would never consent to surrender what htlyllfll 'rly, justly

and fully ceded to the people ofthe Colony in virtue of that compact. An I ca d some, that the demand for such recognition of Her Majcsty’s title had originated with the Pro- prictors at home, who sought, thereby, to circumvent the As- sembly, aitd defeat all their measures with respect to the lands of the Colony in general. This idea be, however, believed to be wholly unfounded in fact, and altogether erroneous. But. even graottngtliat such was the covert design of the demand ‘*3? "19 |'e¢0l!II|ll0n of the Sovereign's title with respect to the brown Lands, the Bill. as it was then pro to amend it, would completely guard against every infringement of the ori- ginal com act touching the surrender of Her Majesty‘scontrol over the rowii Lands in the olun

Mr. MOONEY. He had great doubts about the success of the one-ninth Bill; be also looked with much suspicion upon tltc demand nradc by the ome Government for the recognition in the Civil List Bill ofthe title of Her l\Iajesty tothe Crown Lands, These lands had been fairly and fully ceded to the

ieoplc, by coirtpact with their representatives; and he was of opinion that the Assembly cotild not be too tenacious of the cession. The proprietors could lease or sell tltcir lands, in their own right, without reference to the title of the Crown. Why then could not our Government do the same? VVhen the Assembly assumed the burthcn ofthe Civil List it was clearly understood that the Crown would—-as it was bound to do—-on that account make over to the people both the crown Lands and t-r‘o_wn Revenues in the Colony. Ifthat were to be one in good faith, the micro those Lands, it plainly appca red to him.coult| no longer be in the Crown, But the truth, be believed, was, that the great proprietors at home were afraid that the compact ofthe Crown with this Colony would prove too mitch in favor of the Colony for their views; and that they had determined to rise all their influence to render it less for the direct benefit oftltc pcoplc,—urging that the abandonment of her title to the Crown Lands, was derogatory to Iler Ma- pisty. Hence the demand for an amendment ofthe Civil List

ill, by a recognition therein of Her Majt.-sty’s title to the coded Lands. he would never consent to com ly with that demand. He would say—r:ithcr let the Civil List Bill never pass.—ratlter let lit-sponsible Government be abolished, --‘rather let the Colony be deprived ofiis representative con- 3l"“""". and ruled by n Governor arid’Council,—yes, rather let us be annexed to Nova Scoti:i,—than consent to surrender what had been fairly andjiistly ceded to the people.

Mu. DA\ IES. His beliefwas that the proprietors had be- come aware that the_Asi-etribly, in virtue of their compact with the Crown,had acquired a power which they (the proprietors) would not able to resist, unless they could bring about an ufraction, if not abrogation, of that compact,—and he was perstiaded that they had suggested the retention of Her Majes- ty's title to the Crown Lands, with a view to her retention of her original power over them. He viewed the Bill with much d|9l|'U‘?!.-—and he was very sorry that any member ofthe Go- vernment shotild be concerned in the fnrtlierance of it.

IIoNst.rt:s. MR. COLES, Mir. POPE, MR. \VARBUR- TON, replied in succession, to the objections of Messrs. Mooney and Ditvics,—sliewing that the absolute title to the retention, or disposal ofthe Crown Lands for the public benefit, and ofall interest, profits, or proceeds arising therefrom. was in the strongest and clearest lang-iagc, fully set forth and as- serted in the Bill.—and explained that just, as in the original grants to the proprietors, the title of the Crown is set forth, 30. In similar grants or deeds t'rom the head ofthe Government oftltis Colony, given by that Head as the representative of the Sovereign. must the Sovereign‘s title he set fortli.—and, further, that, just as it was unnecessary for the proprietors to set forth the title ofthe Crown. in any lenses or deeds, grant- ed or given by them, so it would. in like manner. in any si- milnr instruments (affecting what had been originally Crown Lands) granted or given by any individuals who might derive a title to such lands by deeds given by the Government here in the name ofthe Sf)\‘0I'8lL!n be unnecessary.

M ESSRS. 'I‘IIOR-.‘\"I‘ON, IIAVILAND. l\l0NTGO.\lERY, and CLARK, severally supported the Bill or amendment,eaclr setting forth the propriety of‘ the :imcndment.and sbewing how cornplt-.tel_v the Bill provides for the preservation of all right a’nd (intlerest to and in the Crown Lands, ceded, by compact, to tie in on .

Mn. l\l0Ol\-‘RY still maintained that the demand was apro- prietary dodu9.—lllc Object of tvhiclr was to intercept the ad- vantages which the full performance by Her Majesty, of lter part ofthe compact, would confer upon the Co 0 ‘h scheme was a deep one. He did not think there wcreten men in the Island who could fathom it. He would never consent to the passage ofthe Hi I.

The airiendmr-nt was then agreed to by the Committee, with- out a division, Mr. Davies and Mr. Mooney being the only members opposed to it. The House was then resumed, the Bill was received as reported agreed to, with amendments,- aiid ordered to be engrossed.

A Bill intitiiled “An Act further to continue and amend An Act intitnled “ An Act to regulate the sale of the interest of Leiiseholders when taken in execution,” was read a first time.

Moxunv, February 2. MORNING SITTING. On motion, by Mr. CLARK. the House resolved itself into it Committee ofthe whole, in further consideration ofa Bill to regu- ulate the sole of Leasehold interont tnkcn in Execution-—llr. Jur- itie in the Chair. The Bill reported agreed to, and ordered to be ensron .

Bill to fncilitate the intercourse between this Island, Nova Scotia and New Bruirawic .

On Motion of .\Ir. FRASER. this bill was read a third time.

nthn question that it do puss being nbout to be put from the chair, .\lr. Pulnicr moved the following by way of ridt-.r—" Pro- vidt-d always and be it enacted. that nothing herein contained, shall be deemed or curuttrued to give to any person icensed by virtue of this Act, an sole or exclusive right to the convo once of Passen- giers or frcigit, ortc any other profit to be niatfii in sailing such ackcts, stivc and except the bounty to be granted by the Govern- ment oftltis Inland."

Ilon. Mr. POPE ridiculed the idea of suddling the Bill with so nonsensicnl rt proposition. It was, he said, totally uncalled for, and preposterous in the extreme. For his part, ttlthou b there could be no harm in the motion of learned member, he fet bound to o c it; and he thought ltonornble mernbera. would not be exercising a sound discretion, ifthev ve it any sup

Mr. P LMER, in reply, observed, that lie was not surprised at what had been said; for when any matter or thing was proposed that did not rneetthnt honorable member's views, it was held up to ridicule rtrid cottsidcrcd nothing but nonsense. All be (Mr. Pal- mer) winhed to see nurde pliiin. wire, that no erson should be deceived as to the scope ofthe privilege conferr by the licence; and that the licensed pint or parties, should be prevented from intimidating others and causin tlrsm inconvenience, lry hold. in; up his or their licorice, pretending to posttcas the exclusive right of shipping or binding passengers and freight at any wharf utied by them, and ibly threatening to institute proceedings at law if persisted in. He did not apprehend that this was likely to happen at present; but he wished to prevent any pretext for encronclirrteiit hereafter, rind was at it loss to comprehend, if the Government did not intend an exclusive right to the licensed party. why his (.\lr. Palmer's) amendment should meet with so strenuous an opposi-

rt.

Hort. Mr. COLES was full of opinion that there was no neces- sity whatever to add to the ill, any such clause, as moved by the honorable and learned Member for Charlottetown, whose lcnrs, if really felt. must be totally unfounded. lle (Mr. Cole!) agreed with the honorable member Ibr the Third District of Prince County, that it was harislsu; but as so exclusive privilege was to be on-

ClIARLOTTETOWN,PRINCE ‘EDWARD ISLAND, TUESDAY, FEBRUARY10, 1852.

joyed under the licence, where existed the necessity for its adop- tion? The law would protect competitors in the shipping and landing of an thing they might be inclined to convey from 0 place to snotfier. in the fires of which, be (Mr. Coles) thought any individual enjoying the licence, would be nothing short of a fool to attempt to prevent competition. This being his (Mr. Cules') opi- uion, he felt bound to oppose the motion of amendment.

Mr. DOUSI-‘. was of opinion. that no obstacle should be thrown in tire way whoreb competition might be checked in the Gulf. Ile would even like to see the Ferries thrown open to it. He thought. no monopoly should be created under the licence. IIe approved ofthe motion, and. therefore, would sup rt it.

Hon. Mr. COLES observed, that tltcre wits not ing in the law to prevent competition in respect to the question in debate; but it was different with respect to the Ferries.

Mr. HAVILAND approved ofthe motion submitted by the learn- ed member for Charlottetown, and of the observations which were offered in its sup rt. It behoved the Ilousc to guard against the chances of litigitious proceedings. As the motion would prevent this, and its honorable members admitted no harm could arise from its ndoption, he was nt a loss to understand why they opposed it. He would give his vote in its nvour.

lloii. l\ r. POPF. said, he really thought the honorable member for Georgetown could not support the uniendtnent from any fears of litigation. for if any occurred, it would be for the advantage of him irnd his profession. If, said the honorable member, the motion should be carried. it would cause the House to appear in a most ridiculous light.

llon. Mr. \VARBUR'I‘ON assumed the honorable members who felt or pretended to feel so riruch alnrrn, that under the licence. competition would be tliwartod, that be (Mr. \Varburton) could confide ttly niuort, that no other privilege over others, would be ;;Ijt_i|yed by the licensed party, save and except the carrying of the

at s.

A divison being cnlled for by the supporters of tits amendment, and the question being put front the Chair, the House divid .

Yeas-—Mcssrs. Palmer, Ilavilund, Thornton, Dome and Fra- ser--5.

Nnvs—.\Iessrs. Clark, M‘Neill, Davies, Flynn. and rnbles G. Coles, J. Pope, J. \‘Varburton, and Dr. Jardinc

So it passed in the negative.

The original motion being then put, the Bill passed, and was ltitiided by the Hon. the Speaker to Mr.‘ Fraser to be canied up to the Council.

the Ilene- -8.

The following is an Abstract of the Bill.

“ Tenders to be called for to run Packet Vessels between George- town nrid Pictou. and between Bedeque and Shedi:tc——for Bedeque, ofthe burthen of not less tlrnii Seventy 'I‘ons; far Georgetown. of not less than Filiy ' ’ons—both old measurement : an to e aw- ful for the Lieutennrit Governor in Council out of the Tenders sent in for the above purposes, to select and accept such as shall appear to he the best and most advantageous for the public interest; rc- gprd being had, its well to the nature and extent of the accent- Illotlullull ofthe vcitscls offered, as to the lowitess of the rate or prire of each tender: the vessels accepted to be sutliciently man- ned and furnished for the safe keeping and conveyance ofthe Mails, Dex-pntolia, &c.; to have sufficient accorrrmodution for passengers, with separate cabins for male and female passengers, with water- closet attached; and to run, at least, one in every week between the opening of the navigation and its closing. And, in the event of a suitable Steamer being placed upon the station, to run between Bedeque and Shedinc, in tire pluec ofn sailing packet, there shall be paid out of the Public Treasury, a sum not exceedin no hun- dred Pounds a year, to the persons or persons who I ll be li- censcdto run such steamer : I'rovided also, that any Licence grant. ed to the owner of any Sailing Packet for that station, shall ' such case be cancelled, by giving six months‘ notice to the owner or owners holding such Licence. The aiinunl grant to the George-

. 5

enuresis.

N0. 1141.

Bill also provided not, it‘ a debtor Ilt_0IIllI. at o_n-up-_r the debt for which a summons hail been issued against‘ up, he should not be subjected to any expense beyond the Cloth a fee for the issuing of the summons, and the Constable s fees of service : he should not, as at present, be required to pay either Commissioner's fees, or a per centage on the debt. to the cop- atsble, unless he had made a seizure and sale. These. "'4 the hon. member, were the principal amendments proposed by the Bill: there were some or ers ofless importance, to which, however, it was not then necessary to advert.

The first two or three Clauses of the Bill were agreed to wllllolll any discussion. When the Clause. imposing a penalty upon Ilfill persons as should wilfully fail to obey Iegnl subpmuas to appear II witnesses, csinc to be considered, l\lr. Havilsnd suggested that individuals so subparnaed should be entitled to mileage and one day's expenses, to be id to them at the time of _the service of the sub- pmnss (as was t e rsctice with respect to tudivials subpoenaed to give evidence in t Su ems Court), or that otherwise, they should not be subject to a penalty for non-appearance.

Mr. SPEAKER, Mr. LAIRD, Ilon. Mr. POPE, and Mr. DA- VIES, each spoke in aitpport of the suggestion of the honorable and learned rnem r.