P anagram’

oaasrtts.

VOL. 22.

CHARLOTTETOWN, PRINCE EDWARD ISLAND, TUESDAY, FEBRUARY17, 1852.

N0. 1143. ‘

lrntstnttbr iarorttctngu.

HOUSE OF ASSEMBLY. Mouoriv. 0th February. I852. MORNING SITTING.

Mr. MOONEY presented a Petition from Simon Gill of Trscadie Cross Roads. rityingn rant for his services as it Teacher. The petition was re erred to t e Coirimittee on Schools.

r. BEA’l‘0.‘l presented I\ Petitii from Auastiitia McDonald, on the same subject, which was also referred to the surrie Oom- tnittee.

Mr. BEATON presented it Petition in favour of Free Edrication. from the Inhabitants of Souris (West Side). which was also re- ferred to the same Committee.

Mr. Bl-3Al'0.V presented a Petition from John Bourke. Peri - man. Souris, praying it grant for his services. Petition laid on tie Table. The hon. inenibcr also presented ll Petition front Anthony MeN.-iurhton, on ilie iriatter of it contract for the erection of what is termed Wright's Bridge.

Hon. Mr. WARBUIC l'ON informed the Ilouse. that the Bridge was not constructed accordin to his. the Petitioner’: undertaking. in several partioulfls, whio he (Mr. \Viirbttrton) himself had witnessed, incoiopany with the Hon. G. Birnie, who was request- ed by the Conrrnissioeers of Roads and Bridges to inspect rind re-

portt ereon.

I-Inn. Mr. POPE had been well acquainted with this question for sometime. and expected that the petition would be presented, for the puthjiiner 'I.'tt.I applied to liiui to give it his su;»,mri; but Ilv! could not give it the smallest couutertince. ' ' ,‘oui«ni.~i<ioiiers li:td sa- tislied the petitioner. that he had failed in performing his coiitnict. and he was willin to forego the riiini of £20, an gave his receipt for the liahtuce. s\Vh:it just pretence their. he could make out for coming to the [louse to rescind his iiwn act. ho (\lr. I’u')e) was coriipletely at it lost: to understand; and the House ought not to Waste lllrlr tiuie upon it. There could be no reasons advanced in support ofthe putnion; it d it should not have his so ipurt.

Mr. lil"..\'l‘t)N said. the petitioner had not iiiforrttud him of his h:ivi-ig given a receipt of the purport alluded to by the lion. 'I‘rei- aurer; but he hid told him, iliat the Iron I'lrIlM cmiiplai-red of by the Coiiiitiissioners as not having been placed in the Bridge. were not sti nliitetl for in the contract.

hli. I’Al.\I l-IR. did nut-—ns was well known to the IIouse—ap- prove ofth-are after-i-.laiins,r-.xcept under very peculiar circumstances; at this application. it appeared was not li e the general once. for additions and extra work. He had heard much talk outside. about this llritlg-i. rind great cnniplniitts ogairuit the Cointniiisiunerii rela- tive to the uestiun now under doehnte; but he li.-id nut heard of or seen published, that the Hon. Mr. ' ' general of public works. but he that so or not, it ll penred tli.it he (llr. Ilirnie) proposed an itlterniiun after the work had proceed- ed so far, t|i.tt it could not be complied with. witliuut undoing inuclt that had been done. Whether, when the rticiiipt was given, the Petitioner w:is awarc he gave up all further claim or not, he (Mr. Palmer could not say; but thought there was sullicient ground for the House to notice the Petition, if only for the sake of the Court- missioiiers ll|t5tlN5'lVs!!, who should niidergo tin exnriiinution by a Coiriniitree of disinterested members : such an exaininatron would take up but very little time.

Hon. Mr. PUPE could not agree with the honorable and learned Member for Charlottetown ; on the contrary, he thought, the enter- taining of such it prupo.-ition. would be nothing less th.iii throwing ewe I of. time. which inigtit he prolitutdy spent for the gr-ed of the cotiiitry. \Vliat neces-ity w.ts there for such enquiry? 'l'he receipt went to shew that there was non it was given for ba- lain-.e of account. Here the hoaurulile member handed the verita- ble docitrneiit to the Cltriiriiirin, that it II|l_:IIl. be inspected. 'l'lie Corriniissioners. continued the hoiiornlile tIIeIllIM‘.l‘, had done their duty in protecting the public front imposition, and cotild clear them- Ielves before any triliuaal. Ile (.\Ir. Pope) did not place ritore value on what was said outside. tltaii he did upon ttvo straws. was it matter of rt-grist. continued the honorable meoiher. to have to state. that the Petitioner‘: word could ntit he coiifide in. He was coniparatively it stranger, but had been here sutliciciitly long to estaliluih that art.

llon. Mr. CUl.l-la‘ saitl. the Petitioner had constantly importan- ed the Magistrates. rind caused them vi-ry great trouble. It a i-

eared evident. he intended to make it good job of ll. and thought

it could tltictrive the t.‘oiiiiiii«iont~rs; but they, its in duty bound. both to tlieiriselveir rind the pit ic. cirrsuinveuti-.tl his sitlteiitirig. 'l'lie honorable iiiciiiliergf.-r Ch I|'lllIlQ!IIIWIl, li.id exprmsml his -urpriw at this name of an Inspector general of ptililic works : why so, he (.\lr. Coles) could Iltll. tell; for it must be known to hint. that l|lI ap- propri.ttion of £50 h:id, last ales-ion. been set apart for the p iymeut ofsuch an ollitzt-r. If the honorable iiiemlier iiiieiulod tu insinuate that an Inspector was not reipiired. he should have witnessed tvhnt be (Mr. Coles) had seen. when the Goverrtrnent llotiso was under repair. Then it was discoverotl, that on I\ previous occasion, when it was supposed good and substantial work had been put in. nothing but ruhbisli had been used. where the eye could not detect the ini-

‘lion. It was by request of the Coiiiinissiotiers. that Mr. llirnio went to examine the Brirlgn; and he not only found tlto Iron Plates wanting, but had work; and an evident intention not to abide by the oorttriict. Such hnrefaced attempts ought to be put a stop to, to deter others and to operate as a warning in future. 1320 was not an equivalent for the nonperforinance _of the stipulations in the

If so, be (Mr. \Vightman) thought he was entitl d to the consideration of the House.

Mr. Bl'ZA'l‘0N said, he was iiiforriied that there were two plans; and the receipt given. the Petitioner might not liuvo thought to be of that importance which several honorable members secured to at- tach to it. The plates could not have been inserted when his no- tice was called to it, without rent injury to the worlt erforriied.

Hun. Mr. POPE said. the etitioner might have ha the £20 in his pocket. if he had finished the Bridge according to contract. He gave the receipt with his eyes open. and had nothing to corri-

lnin o . P Mr. LAIRD remarked, that from what he had heard from lio- norable Members. it was never the intention of the Petitioner to put in the plates at all: but on the other hand. it seemed plain, he was fully hen’ on glossing over the tvork. rind endeavouring to blind the eyes uf't& I tor and the Cornriiissioners.

lllr. H NI'?Y“considered the question was siriiply tbis—wiis it or was ' not a part of the contract. that is certain number of iron plates s cdld be used in the construction of the Bridge. If it was an eflsrtlionght of the Commissioners. then the Petitioner could do as he pleased. unless an agreement ad been entered into to remuneritte him for [the extra work. He (Mr. Moone ) tliougltt the Petitioner ought to be examined and the contract produced.

on. .\ r. PUPE said, the lionoriible member must have a poor opinion ofthe Coinniissioncrs; but they were Gentlemen of intelli- gence, and done their duty to the Petitioner and the public, in thoroughly investigating the matter in all its bearings, and be shotild the IIouse‘s being sent on a voyage of discovery for any

such purpose. Ur. DUUSE was of opinion, that the question ought not to be trepted lightly, that all due coniiiderrttion should be allowed; for in} quite a new plan in this Colony, great desire was felt to inspect it: end the Petitioner was daily annoyed by the opinions iirid estloris of numerous parties. ‘urtlier enquiry ought to be made. Let it not said thenjnstice was refused. and that he wps cou-

ring. had heard nothing about the receipt till this day, thstwtylnly. vn strung priste facts evidence. sun the Perl- _ have beeuaware of its nature. lle fully agreed with what hiitl fallen from the tioaorstite member. for the Second District offlsosn s Cesrqyk: the question ought not to be hunioit e co.

Hon. Mr. C0 .3 said. it _ .s... in i. ...'..". ."""'....-..'~:."m.':.:.‘::"a.~.~.~.:.

The it It (I t it. ; ~

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krftsr a few additional rsaisrlis lied been alive! fig pump].

the Dslsahl Iesrstsry arid Treasurer, and Items. lneiesd Yes,

...‘_'

the Petition was ordered to be laid on the table. and the contract produced.

Hon. Mr. COLES, as Chairman of the joint Committee, present- ed the draft cfen Address to the Queen. on the subject of recipro- city of Trade with the United States. which passed unanimously; and the same Coitiiiiittee wits appointed to prepare an Address to Ilis Excellency, requesting the due transmission of the same.

AFFERNOON SITTING.

Bill to regulate the Printing of Government Advertisements.

On motion by the Hon. Mr. Werburton, the Bill was re- couimitt-d fur the purpose of having a certain alteration made therein, to obviate the repeal ofa certain clause of the Statute Lab iur Act. which diiecrs that certain Notices shall be insert- ed in ‘- the Public Papers"—by which was ttitdcrstooil all the DB--lpnpeffl piihlieltrd in the Uoliirty. The hair. rrieinbcr ex- plained. that to this end, his intention was to propose such an alt»-ration in the llill, as would empower the Government to curse to be inserted, in one or more Paper.‘ besides the Royal Gazelle the Road Notices. as well as Proclamalioris and other Otficisl Null-we, when they should deem it to be for the public benefit to do so.

Mr. SPF. \K ER declared himself opposed to the investing of the Government with any such discretionary power. When. with it view to the support of the Islander, it newspaper iu the pay of the proprietors. the Act of I84! was so framed. he op- posed it; and he would oppose it now. He would never con- sent that it should be put in th- power of the Government to corrupt the Press by an exercise of itiscretionary patronage. and to hity the support of any paper by causing to be inserted in it it portion of the Gov--rnment Notices or advertiseinenti. Tut-re had not been two Government papers either in Cariaila West or Cuirtda East; neither were there two oflicial papers. eith--r in Nut“! Scutia or New Brunswick; and more could be no good or honest reason why there should be more than one iere.

Mr. LAIRD thoiiglit the Government notices and advertise- ments should all be confined to one paper. He did not think that the public were bent-ftted liy liariug the road notices in- serted in all the papers; for, in fact. the ni-wspapers were not read liy one-half of th-- p'0ple. Ifthe roa-l notices i_-uul.t not be mirle sutlicieritly public by their insertion in one paper, it would, lie th.rui_rltt be possible to give them all nBt'-€SSll‘y pub- licitv by the clfcllllllltltt of liaridbills tltrotrgliout the country.

Mr. DOUSI-I was ofopinion, that it would be for the public benefit. that the Gavernmeot advertisements. particularly pro- clarnaiions of lands and road noti-"cs sliould be inserted in more than one paper, but the choice of papers. for their insertion. .-liould not b-- dictated by party or political feelings; but as it was it public SPIVICB, a lt'lVl “e in winch all were cont-erucrl. the c‘rorce should fell upon such paper or papers as had the widest circulation.

Hon. Mr. POPE replied to the observation of Mr. Douse. l'l'spt'cllllt£ the publication of the preclam ition oflitnds for non- payinent of iissemrio-nt, that the last advertise-ment of such lands. in the Itoyul Gazelle, hid cost £6, and ifit b.id been in- serted in all the other papers,it would have cost three times as much more. lle lin cd, however, to have the honor of arrest- ing the attention of the lion. member for Belfast. by another proclamation next term. which he thought would be a more effective method of reasoning with those who were so tardy in responding to the just demands of the Government for the pay- rnrnt of the land tix.

Hon. Mr. COLES thought the House might very safely confide in ilisicretroiiary potv.-r, with reap»-ct to such notices. to the Government; for ktIOWln‘,' their accountability to the lions», it was not very likely that they would abuse it. Ili- thonzlit it ri.-ht, buivevi-r. to state that. should the power be wllI|llo'lIl, he, as a meiiilicr of the 'iovcrninent. would tl&l'lIl it perfectly right. tli it such a power should be exercised, intlep--n- tlently of any law, it-lo-riever it should apprnr that its exert.-is-2 wuulil be for the ptihlrc benelit; and he would be prepared to act acctirdiiigly, in all such cases, ilep~-riding upon it vote of the llou~'c to szinntion the extra outlay for such public st-rvici-.

.\lr. ll A\’lL.\l\‘l) would like to have it ldltl down as it pos- itive principle that all Guvcriirnent notici-s sliould be published in the olliciztl paper only. ' ' uvorrirno-nt should have no iliscrciiunaiy power in the matter ; by means of it they might curriipt the public press. ~

Mr. SPE\l\'FIR could not see birt that one paper might publish all the Govt-romerit nrlvi-rtisrrmnts. ‘nth respect to the road notices. in order that they rriiglit obtain sullicient pub- liciiy, he would rt-commend that the notices. as regarded time, should be extended tofotir times the period to which they have generally b-en limited, The newspapers were not taken by one-third of the pen ; and the inserting of such notices, in even two or three 0 them. would not answer the purpose ; and neither would the distribution of hautlbills: but such an extensiori of time, with respcct to thmnotices. as that which he had rt-comrn-nd.-d would, he thought, effect it.

Mr. \VlGll l'M.~\N siid that, unless the object were to in- crease the circulation of the Royal Gazette, he could not see why such Government advertisements as concerned the public at large. sboiill not be given to other pipers also. In his opinion, other papers were quite as much entitled to them as the Royal Gazelle.

lllr. DOUSE. If they were not to be given to all the pa- pers, he would say, let them be strictly confined to the Royal

Gazette.

Mr. WARBURTON would not have the smallest objection to such an arrangement. He had not, in the first place, pro- posed it, because he feared that, should he do so. he would be taxed with an unfair desire to favor that paper.

Hon. Mr. POPE. Should the llill be so framed, as to ren- der it imperative on the Government to confine all Govcrnrricrrt advertisctneuts and official notices to one paper; and should any citiorgeur-y arise to render it necessary to act Olllt-!f\\'lSt‘., he. as it meinbet of the Government. would not hesitate to re- coinmend such a course as pcrfcctly justifiable.

Hose resumed. and progress reported.

Ilouse in Committee on the Small Debts Bill—Mr. FLYNN in the Chair.

Court llousea for Small Debts Commissioners.

‘he Committee, after-the question had undergone consider- able discussion, concluded that it would be most for the fur- tlierince of justice and the public benefit, in the Small llt-bis (icons, that all such Courts, both the quarterly and the month- ly, should consist of five Cl|mllIll‘l0Ilt‘l‘.1, three of whom should be a qtioriim ; and it wits agreed, that the Bill should be amended accordingl .

The question having been settled, the Hon. Mr. Pope took occasion to anirnsdvcrt, with much severity, upon the very great and obvious improprietv of holding Small Debts Courts in Taverns. its in too many instances was the case throughout the Island. No person. surely, would be so absurd its to say, that the associations ofn grog-shop could be favourable to the pure,‘ adininistrstion ofjustice : or could fail to perceive how desir- able it was that these Courts should be removed from imme- diate contact with immorality and disorder. Some Covririiis- sinners, with that view, llhtl held their Courts, sltcroeti-ly. at each othsr's houses; but such an arrangement. nottvitbstiindinn the propriety of its oli'ect, was ohjertionable, es not-asioning intrusion upon private amilies and dcraoaeini-nt of the house- hold economy of ladies; and, at the best, it was but a vsuabon- ilisiotz mode of administering justice. A suitable.Court hautc, he had satisfied ltlltfillf. by calculstioii, might be erct-trd, in each and everv of the Commissioner's districts in the Island. for less than £100, and the country might very vrell afford to

sy the interest of that sorn for so great a convenience. He

srl observed rnucl. respecting the County Courts in England, which would, be thought, he very applicable to this Island

as. for instance. the ofllcers of the Courts had power to scertain extent, over the fees, and have. besides, power to make certain tlssesimeuls. for the purpose of providing suitable Court lloiiscs sod other Iccomtnodstions. the property being vested in the officers of the Courts. The credit of this Colony was high ; and our means were not so limited, but that they might very well put their hands into the public purse. and take from thence n aurn suflicicnt for such it purpose; and t e execution of it would, be was persuaded. give mtich satisfaction throughout the countr . At present there were no respectable places, in which the people of the country cottld I\'St'llIl)le for tiseful and laudable purposes; and such buildings, be.-ides ntforiliiig ac- ciiinmodation to the Small Debts Courts, would be very ad- varitztgeons to the public on many occasions, for the ll0ltlll",{ of public rticetiires. lle, for one. was quite ready to ptit his Ildlltl iirto the public purse for such a purpose; for he was positive that the erection of such liiiildiiigs woulrl prove it grrat public bent-fit Let his siiggi-sriori. however. be receive-rl as it might. the day was not for distant when such (Snort House: would have to be crer-ted for the holding ofSma|l Debts Courts under one duly qlldlifietl and properly salaried itinerant judge, t\'ltUS6 glory might be defrayed from the amount offer-s paid into the

ourts.

Mr. MOONEY thouglit it would be betti:r,in the first plnco, to expend .f-‘I000 in the erection of School ho-isvs ; which, besides affording suitable accouiiiioilations for the l't'c('pll0tt and iriatrnctiori of children, might very well be made to accommo- date the Small Debts CttmlnlSSltll_l6fS, until the country could flmll'(l to provide them itith Court llotrsea.

llon. Mr. C-OLl‘}.\'. Before uridertuking to build Court lIou<es. it would fir-t be necessary to d -cidu conccrnirig the most §llll.1lJl6l()C£lllllf'S- lle tliiiriglit it would be most advisa- his to \VdlI.lllltl see how the Courts vtorkerl. and wht-ther they were c-tzvilislicd in the proper quarters. \\'Iien sari.-slied on those points, be wired have no objection to litltill an zipplicatiun ofpublic mpnt-y, as that proposed by the Hun. the 'l'rc:istirt»r. ll certainly was not conducive to the ends ofjustice to have the Courts held in public houses; or to have a liuurlred or more, on such on: onions, invading the territories of domestic ct-onoin_i‘, must uiidorilitedly be very annoying to the mistresses ofprivatc fimrlies. The Bill contemplated the cstzib i.-ilirnent ofsix Sinai Debts Courts in each County; and, if £30 were to ho expend- ed on the erection ofa Court House for each, the outlay would not lie ruinous.

The lluri. the SPF} \KER. What ball just boon proposed mi2ht be all very well, were there any certainty orevcn proba- bility.th:tt the law it hit-h they were framing tvould have great- er pcrinaneuco than others of the like nature which had pre- ce-lcd it. If it were likely to be a ltlSlIll_‘.’, tliiu,r_v, and the Dis- tricts could. at the some time, be incorporated for the purpose of eiiabliiig the lulialiitnnts to provide for their own R0lId'St:l'~ vice to rerulate and support their Sclmols. and generaly to niau.i;,e their own local affairs. it iniglit be l'l'.’lll.; but to take

un\' such sit-p. under or in connection with the present llill, .

wliicli another House might altogether repeal, would be irri- prudeui. At least it wuult be better to wait, until it should have bei-niitopcretion for twelve or eighteen months, when they might be butter able tojudge, how far the measure was likely to be a permanent one. e would mrich rather, liow- everkthat the people should be given an opportunity of taxing: themselves. for all local conveniences rind iinpruvernerits, as in New llrunswirlt: than that they should have such provided for them. out ofthe public purse; and. until Districts should irrcorpurritcil for such purpn-c, he did not tliiiilr there would be any security ztgiinst ultimate loss by such erections as Small Debts Court llouscs. llc concurred with the Inn. Trc:isri- rer, with respect to the great bent-fit which would be expe- rienced from the appniritmi-rit of it stiitalilo itinerary jtlll',’.’t.‘--(I min of intezrit, and of HtlIlt‘lt'lll ahility—to saipcrsctlc the l,'ornriii.ssrurit:r.~'. lt \\'tlllltl he a saviri5_r.|io bclit-\'erl,ifnot lcssthriri 1.".‘()0 it _\'ear,as respectcil appoals, nttontlont-e til‘ witnesscs,:ii:tl tllll!'|' tliirizs, arising out of suits preferred in the Small Debts Courts.

Ilon. Mr. COLES.

-5

He would move that it clause bc adder]

l" we mu’ ‘“'9”''''-' “'0 (‘ilflks ohlie wslmmive Cmflls “mi” prolu-rly conducted. It would have yielded the contractor a very

it penalty, to make re,r_vul:tr returns of the ainouut of bees paid and oftlio sums sued for l’! their scvoral Courts. 'I‘lio.-0 rc- turus would .~lie\v,tt-licrlicr the fees would constitute a. sufficient salary for a duly qualified iiincratingJti«lgc.

Such at Claiisc h:ii‘in~.: been prepared, by the Hon. mcuibcr, it short time after, it was submittcd and unanimously agreed to.

l\l()Ri\'lNG Sl'l"l'lI\'G. Tucson’, Febrn-.iry 10, 1852. SMALL 1)l".ll'l‘S BILL.

Great part ofthe mornin_i_{ was consumvrl, in it Committee of lllt' whole House, on further corrsiilerntioii of this llill; princi- pally in the matter of Furs to be pail to thc Clerks of the Court and Constabli-s, which, in many inst:inces,ttere reduced. This lengthy Ilill had now bren gone tlimuph by the Committee,aud altlroiigb progress was reported. and leave asked and given, to sit again. it was not to delay the ciiizrossing of it.