~71.

«@bcCl‘ofi: ” "motor; ‘

PRINCE. EDWARD ISLAND ADVERTISER.

.t.

CHARLOTTETOWN, SATURDAY, MARCH 13, 1841. ‘ experienced by the greater part of the law business 1 frustrated .in carrying out our object. Now, we, have no being confined to Charlottetown, he (Mr. P.) would say other way than this to express our disapproval of the

that on the contrary the busn'iiess of the law was equally conduct of that body, (in that matter) than by giving our distributed throughout the country, and that if most of dissent to this measure. \ j',

$ [No. i 89. feels through the Want of an

intermediate jurisdiction ex- tending to sums of from five

ous'E ul‘lASSEMBLY.

" 'MONDAY, March lst. v HUDSON presented a Petition of the officers of .

lScotia and New Brunswick, «in conformity with the foregoing Resolution; and that his Excel- lency be also requested to tipulate that such Boat shall ply as follows, viz: to commence

ll 51w Edwud [slandAuxiliary Temperance Society; lby running the first week twice between Charlotte- the law business were confined to Charlottetown, such Mr. PALMER said. ’_ , to fill} Eiirlfisgfid that as to

K‘ rank, that M}; the Charlottetown Temperance ltown and Platou’ and once bet‘veen Pictou and originated 111 this county. The mOSt 0f the ' law bllSl- “ Ido not like thee Doctor Fell— what. the bent for .. ‘ £ ‘ assisted the fflendsonhe cause in ma, Town, = Georgetown, within the week; and the next week to ness that originates in'the coggtry is there tried, where The reason why, 1 cannot tell; G . t ‘ .1“ Th 1- .

. ’ fled a prize Essay on’lhe traffic in ' the parties, where the jurors. lid witnesses resrde ; were But this I know, anti know a,“ weu_ eolge own ( r. omson)

E E

run once between Pictou and Miramichi, calling at

Charlottetown, coming and returning, within the

week ; and so on for so long as the navigation shall

, j V. I j , I continue ‘open‘ during the ear on uch articular

. Velitlmuln‘edt .pmmme thebe 'Pme'es‘s °l “‘9 days, and 'underzsuchothesi' rdgulationsriis to his That Petitioners are, 0 opinion, that some Emuency Spun-seem “(Wis-he;

I ‘ - tactic schemeof directing public attention totbe'. new Imepirst ofthesuid Resolutions being again

for which Ten Pounds, as a premium, had said, respecting some of

the magistrates not being s competent to adjudicate in ' two—penny or ten-penny mat—

ters, he thought the hon.

member had not exhibited

much consistency; or else‘his

I do not like thee, Doctor Fell.”

This is the second time be, Mr. P. had occasion to ap- ply this ’little epigi‘ani to the arguments of Hon. men- bers. The hon. member. MrRae, after finding that he had failed in argument, then had recourse to a little plea- santry, by which be amused us in saying that it was a means of recreation for the Chief Justiceand attorneys

those county courts shut up We would soon hear the loud element of the country people against the expense and delays that would otherwise pttend the suitor. He (Mr. P.) could not however imagiT;x what this question had to do with the Bill before the_ ouse. We are called on to give our sanction to the continuance of a term of the Supreme Court which has proved of the utmost benefit

spirits, , has collected and paid-that that Essay is now

L m. 'blication, and would, they believe, it'ex-

but. Know of no means better adapted for this '5‘? final

“guts

ch as they could circulate it tions of a similar description,

It aid for the advancement of these objects.

. The above Petition was referred to the Committee on

in;

emperance Petitions.

7 ‘ls passed by that House,

eme Court, called the Easter Term. lot“ Mn. FRASER reported a ‘ . ‘shery Reservgs. Second reading on Wednesday. I 0" i . j . TUESDAY, March'2d. '

iy'flie Bill for the relief of the Amtrican Loyalists, tits read

sfi ‘ ' exception it is the same, I, 8i of last Session.

a third time, ' “sent to the Gemini.

“we appointment of Fish Inspectors,

nalty liland,‘ ‘

(D :1 =- (I 'I 'o‘ '7‘ er 3 (D E

"ii branded. The ' swell, Mr. Maclean, _ liy passed the Committee, grossed. '

uncil were severally read a first time.

March 3..

' WEDNESD4 Y, ' The Fishery Reserves Bill _committed. Progress

ill, ' in. h . j I ‘ tb Le slative Council. _

I"? QLegslative,_Council hays passed ,

while, I _ . _;...,.U a;

' M ' the several Towns of. this san ,

m efoiitdblisbjBurial Grounds in flu Common of George-

currence of the House of Assembly.

tin I, 'And also-—

y Within Speaker

Not; , i ‘

l, V n'ze the appamtiiient of Coroners m imtiu

Ordered, That the Order for .. -ction Bill be 'Licrred to Messrs. Le La V ‘ - ‘ port thereon. by amendments or otherWise.

Black‘Rivei, the nature . m the following Address, _ ', the Lieutenant Governor on, the subject. 9 His Excellency Sir CHARLES “f K. H., die. die. ~ - [May it please your Excellency; ‘V‘Tbe House of oration a. Petition of John Macgregor, 'Tliirty-three, stating on

tie for the sum‘of _£12, ( _ rscrl to him) tendering presented at the Treasury, the House to take measures for his relief. j, 0 c siderin, the 4 ae ogiiissetnbly beg leave respectfully

I yourfixcellency, that

00” so Joliiélllacgregor, . fie Treasury in the event of such

,_.

-< E”: a. O

" " ‘ ‘ krill—its bearings,'wouliishave a more ameliorah

‘ ». ecstateraf’society than ~any'prohibi~ .hwswbicb could at present be devised. That. Pe- r- .. 'n the appointment of a travelling Agenlmor qualified to disseminate information bearing e subject; and they feel persuaded that could ‘ enabled to publish their Prize Essay on terms freely, with other publi- that the best interests of L e country would be materially promoted—and praying

.A Message was received from the Council with two to which they desired the urrence of the Assembly, viz: A Bill relating to the 'ation of personal actions; and a Bill to continue for years the Act appointing an additional Term of the

Bill for the regulation of the

word for word, as the

9' Bill to continue and amend ~ the Act for regulat- ‘ the measurement of Timber, Boards, disc. was also passed, and, together With the Loyalist

l’h Boat “The two Bills which came down yesterday from the

was read a second time,» reported, and leave to S“.

with several amendments, to which they desire the 7

engi‘osnng the .Fish In-v dischar ed, and that the said Bill be re- ur, Palmer and Thomson, to

‘ med a Petition from John Macgre‘gor, ML Rae New of which will be gaihered which the House presented

' h v'n had under their con- Assembly a l g of Black River,

affidavit that he list So

tNumber Three Hundred an inetyj / reasury warm" which warrant had been regu- _ security, in case said two, and pray-

circumstances of the case, I ,. to represent conformity Vflijhe above reported Resolutions. they think it equitable that ‘the x

on his finding security to relieve Thomson, thepon. J. S-rMacdonald and My. D. \Varrant being pre- Macdonuld do “pose the saidrcommittee.

readand-the‘q’uestion put dim-eon, it was agreed to by the House. , ‘

F -The Second of the said Resolutions being again read; ‘

Mr. RAE moved, in amendment thereto, that afier the word “ Resolved,” all be struck out, and the fol- lowing substituted :—

“Tliat as in the present circumstances of this Colony, it is inexpedient to apply a sum exceeding Three hundred pounds, currency, to provide for con- veying the mails by steam; and as any steam-vessel which shall run merely hence to Pictou, will not pro- bably tend to the further benefit of increasing the exports from this Island, as there is in that quarto; no demand for such produce—therefore, the‘ sum to be granted for conveying the mails, by a steam vessel, between this Island and Pictou, be limited I Three hundred pounds currency.” ‘ -

The House divided on the motion of amendment: _ — Yen's—Messrs. Rae, Fraser, Macintosh, Gorinan, Macneill—5. . ‘

Nun—Messrs. Long-worth, Beck, Hudson, Le Lacheur, Dal‘ziel, ~Montgomer , Clark, Maclean, D!

65c. . . ailiird time and passed,-without eliciting a Macdona‘d’ wm‘ Dmgweut J' Dmgweut Forbes!

. “figobservation from any member present. _§l\'i_th one

J. Macdonald, Palmer Thomson—~15. w .. t“. 5.32.52. “ . W Mr. CLARK then moved, in amendment to the Eaid Resolution, that after the word “Resolved,” all be struck out, and. the following substituted: “ That the sum of Five hundred and fifty pounds, Prince Edward Island currency, be granted, when

. '0 o s. mews-no.9..g“ '

y to Committee on the Bill for the House is in Committee of Sup 1 , for the ur—

The House men “em m and to prevent,under pqe of engaging an efficient Stearhbyoat, of notlless

the sale of = any Pickled Fish imported thorisixty horse power, to run every week between

sumptiori orexporta- Charlottetown and Pictou, and between Charlotte- until the same shall have been regmarll’ msl’ec‘e‘i town ' d

i Bill was opposed by Mr. Jose %

Mr. Rae, and ML Go‘ma“: but such an _unt as will be necessary for the transmis-

and was “(lewd to be sion of the mails during summer by such transit as

Mii'amichi; and in case that .no such be obtained, that provision be made to

to the Exdcutive may appear most eligible.”

The Rodeo divided on the motion of amendmept:

YnAs—Mbssrs. Clark, Montgomery, Gorman, Rae, Fraser, MachiIl—fi. Nays, 14. '

Soit asse ',in' the negative.

Mr. RASE‘R then moved,‘ in amendment to the said Resolution, that after the word “Miramichi,” tl following be-inserted—J‘ touching at Bedeque in andlrotn-m'ng.” , ' , _ . - motion of monument: mils—Messrs. Fraser, Clark, Mncneill, Gorinan, Rat Hudson, Montgomery—7. Nays, 13.

it passed in the negative. Ru: then moved, in amendment to the said tion, that the following be added thereto:

, , . Bee .—-The L08l51?ti"“1 90mm“ do "0‘ “‘5‘” f‘Xd providing, that in the event of the Steam- their amendment to the Bill, intituled, A” Ad‘té‘? boat tiling regularly at Georgetown, that the allow- PT‘"“ “7‘ me 31106 D the packet sailing thence to Pictou shall

thencbrth ’cease, during the running of the said steamt”

Theiouse dividedon the motion of amendment:

.Yeesa Nays, 13. I -

SO It issed in the negative.

Mr-Ry then-moved, iii amendment to the said R950llm‘, that the following be added thereto:

“ 3|“ at, if no Steamboat can be found, the owners 0vhicl'i will contract for the said Boat going

AUGUSTUS Fm ROY’ t0 Mll'amli, as above expressed, the sum allowed

50.011 Banir the other services, as above stated, shall be lllted to Three hundred pounds.” ' ~ The H0 divided on the motion of amendment: ' Yeosr 6- ,ays, 13., . , 7 It W55 in the negative. , Th_e quasi; being then put on the said Resolu- It Was 3bed to by the House. Re§OlVeda hat a Committee of five Members be appointed, m’epare and report the draught of an the Address ‘0 HExcellency the Lieut. Governor, in

Ordered, .Mr. Palmer, Mr. Longworth, Mr.

lIDA r, Monk 5.. ‘ASTER TER'M.

e 8. Warrant to the. amount of £12, to bear hinterest, ' Debate .upgn' ,Bm sent down from the Council to and l 35' “res' Continue the sat mfo, ten years_

Mr. PALMER led, that the Bill receive a second

in. “a! ' ' " he expences men. and forthWith paying t _

PM: Ill: $333 that bffect, and of any advertisements the ins . "’~ own Law officers may consider necessary, should re- D'i . f

ntbe same date as the lost Warrantk mainly“ ' tl'ully request that your'B-xcellency Will be pleased to 2 We. " so the necessary directions to that effect. H n “.1 Committee was appointed

. " delivery thereof, an

.‘0 V‘ to say that the matter would iii‘e duly'attcnded to. i v i u re orted a Bill or regu . . H . ‘1. DA ; lviidiilshgfnlhrorsl,’ and the mode of striking Juries.-— pue;

nd reading on \Vednesdaypthe 10th inst.

esolved, That this House do i u mittee of the whole House,

, reading. to wait upon his Excel- Mr. THOMSON; seconding the motion, said, he 5 with the said Address, who returning. reported would have no Ohleh in allowing this Bill to go into M” d that His Excellency was pleas-

eifect for two yeEFSlui-thest, in order to enable the

suitors “OWln 00‘" et outwith as little expense as

lating the Walk possible; at lhe ‘3 [that time then let this act ex-

these suifOI‘S CG not then urge that they had not sufi‘icwnt tune it their actions. It would be

now resolva itself into 3 every thing but fair besent, to discontinue the act, as on the fiirther conSider-

SUCl’l “’Ollld be'the meof throwing heavy expense on

' l“ ’ v - ' 1 Lieutenant Governor’s Mes- suitors before their coiave their actions revived. \ He :lgier, 1" ' .g‘ggslgxl‘fizgfggzyfwnh the enclosures, relating to hoped to see the day m ,h-e Present. harassmg and h d“, a“ I 1transmission of the Mails by a Steam Vessel. vexatious modg of 13113. "gummy 39mm wpyld be keeP o! ' V ,- Fraser took the Chair of the Committee. _, substituted by one leissgnswe and ,monvemem ,0 [no I“ 3' I F 58,. reported. that the Committee had .come to, the country suitor— e . T, We", on (as he dujron a i 9 . r. r3 which he was directed to submit to_the former occasron) settiigz‘h me great mconvemences

7» - lutions . i iegbenevei' it shallbe pleased to receive Filhfll'

1’: a ‘t

i .

J 1 ch the I3Iouse agreed lo.

rJFra'ser also acquainted ,t‘n

rim ‘ . . . j I ‘ '°“"' ‘ HURSDAY March 4. _

y. 3" Fansnmrfiom the Cbmmittee of the who‘lie "fl A’ -'- on the State Of the Colony, reported, accor -

’ ' .‘sBflSQlum veranda

i imam as'follow:

"93"": , Monvu That it pecmede to the "as i039 ‘0 Eliot’s sum not exceeding Five hun- umb“ '. and! yjpunds, Prince Edward. Island

Steath for

"3an "" Blimvm Thatch. bib opinion ofth‘s cors- :ho I1", ' ' :31“ Hi“ Ex”th the Lieutenant Governor

. . .into with any person or eof_the.Mail.9 ’n‘dfitulmd

the same.

b ceived To—morrow. rdered, That the Report e re 6 House, that he was

i by the Committee to move ,for leave to sit again

' 'd Committee ' . order, the Resolutions of the sin“t the Glam;

' ncy, to enable the eminent/to contract for

the conveyance 0

y' requested it) cause a contract Who- 5, for the of this island by 3 Steam- and. the Provincesof Nova

al‘lSlng from lhe Pres ode of commencing such

actions. I 2 _

Ml" SPEAKER “.1 1bice‘said, that a Resolution embodyingthc prinCIPlesliis Bill had already been before a“: Hou:'§n%t lgmbers archawai‘le of its

\' cw“ I'o: .t ttisterm is: a useless term in the “Us? 1mg}; 8 piople of the country were taxedto ere 1., Houses and Jails in the other counties; they ed in order to Pay a Chief Justice tel-attend at tacouns. What was this all for, bpt t3 enablefitzvegvygm haze 2:93P ljlustice‘gt homeat us, oor.- dc ,t t a or e most of the legal business drlzland was aggressed and confined to Charlotteto e would say let mis term expire and let no notic ken of .u i let me pm siness of thzt Erma: "genusft o the neat SQCCiedmg

m be e m T; remar s on, ransr. {Stynctionsme concluded by e mat m1 dersuch con_ siderations he would oppose t . g 4 ,

Mr. PALMER said, he felt to see hon. members stand'so much in their light, I Passing 0,. thisBm’ it would be or much benefit. t country A“ weir

rvuments $6 for, were but va ‘ fume in {he 6.x. :m'he A's to what had fallep he. Hm ,‘he,’ spew, ker respecting the great ind . . ..

f the

to the Island in general. This-term has been the means of facilitati the attainment of justice. in many county causes, 'whic would, perhapscbave otherwise remained over from term to term awai'egng the disposal of reserved legal questions. As he saidt'on a former occasion, when

to engrossihe whole of the law business in Charlotte- town, and keep it there among themselves. Again he tells us, their object is to get away from Charlotte— town for recreation—The other Hon Member (Mr. German) said a great deal while on his feet—but it was

opinion with respect to the; fitness of the Magistracy, had‘ undergoneawondci‘fhl change . since last Session. So high

a cause is not finally decided on the day of trial in the county court, (a question oftaw perhaps being reserved) and as the Chief Justice ncv‘br hears law arguments at chambers, the parties without this term would be obliged to wait for the issue of their verdict till the court sits again, which would be in June term. ,This would be very inconvenient to suitors. As to the question of per- sonal actions of which we have heard so much from time to time in this House, he would say that ifit were an inconvenience (which by, no means is the case.) to King’s County, it was of no moments to the people of Queen’s County. lfa man in one county had a debt. due him by one in another county. he thought it nothing but just and fair that the debtor should follow the creditor wherever he was; such he knew to be the principle til- ways recognised by the law of England. The case is not the same in actions concerning real estate, for then the action must be, and generally is brought in ~the county within which the land is situate. It would be a matter almost impossible for the profession to carry with them on their country circuit the whole paraphernalia of the law. of course this mightbe done by having carts,

Amerindnudoubt guild . . . pause and inconvenience o themselves and theirrclicnts;

but such is not the pr Itice in other countries, the causes are tried and v’ “cts given, subject some- times to the opinion of the court, to be delivered at the sittings on their return to the Metroyiolis. Let us there- fore follow the example of' all other countries in this matter. The parties litigant have no need whatever to be present in court when the decision is to be given on dry and insipid questions oflaiv; neither jurors, nor wit- nesses are required at these law arguments. The Chief Justice and the Attorneys are all that are required to be present on this occasion. /

Mr. THOMSON, on moving his amendment, said that it would be better to limit the Act to two years, instead of ten, and if at the end of that time the Act proved of benefit to the country, it may be easuly continued for the longer period. If a dry queslion of law arises in those County Courts, let'such questions be disposed of in those Counties where‘ they may arise. He thought that law-. yers would not be put to so very great an inconvenience were they even to carry their books on the circuit with them; and if time offered; which no doubt would, they might then be able to coniito prompt, ccisions on law .l'inatte‘rs. '”' ' ""1; '4 J" . e» . H

Mr. RAE said, that as far as regarded law points, the Judge and lawyers might refer to their authorities in re- cess, after their return from the County circuit, and on their next County tour they could be prepared to deliver their decision in the place where the cause originated. and before the parties interestcrl'in the suit. Thisjs the course his (Mr. Rae’s) constituents would prefer; in fact, they would rather have no County Courts at all. if causes are to remain open after verdict, term after term, as is now the case, awaiting the final decision ofthc Court, ii would be muchbctter for us to close up our Courts at once than carry on as we arc. What with the expense of the country in erecting public buildings. towards the forwarding of justice—what with the expense of Attor- nies—whai’ with the expense of the Chief Justice, we are in the end to be frustrated in our object—to wit, the at— tainment of cheap and ready justice—forsooth, to gra-

to take a. pelit tour of pleasure around the Counties. du- ring which it would be unsafe for them to enter on the decrsion of grave arguments of 13w, lest such would spoil their digestion. No, those questions must be re- served for mature deliberation, on their return to the capital.

Mr. GORMAN, ’in his place, said that this Bill is to continue the Easter Term, about to expire. He never heard from his constituents what benefit this term was to tlicin; it no doubt was a schice to a few in this county, who live near Charlottetown. After a case is argued in the Counties, and when the Judge and lawyers get to- gether by the ears, one lawyer starting up states what judge A said on the point in dispute; and another lawyer stepping up asserts what judge B said‘ against the same question; at last, a third lawyer stepping tiirwartl gives out what judge C said against the arguments ofhis other two contending brothels; so it is with our judge and lawyers, they become ashamed at last, and betake them- selves home again to Charlottetown; when in chambers, they again get by the ears. when they begin to overhaul their libraries to know what judge A or judge B actually .said on such and such a point, perhaps fifty ora hundred years ago. One would think from this that the lawyers left their bmms at home in their libraries. Oh! what a paltry piece of business, all must return home to see Judge Blackstone or \Vhitestone. In this, we appear to be more clever than our judge or lawyers. inasmuch as we come here without books—aye, even some of us with- out onr prayer books. We have no need 30 make refer- ences, we are the originators of the law, they are the in- ierpreters—in this we are superior to them.

Mr. RAE said, he concurred in some parts of the hon. member’s (Mr. G’s.) speech. We are _not to be dictated to by lawyers, their duty is only to interpret the law; they may tell what the law means, but the Legislature makes the law for a definite purpose or purposes and therefore ought to know what is intended by such law, and the need of it. He could not help repeating that it is ridiculous not to finally decule law suits in the Counties where the cause of action arises, and where the action is commenced. The presence of clients in Court wtmld have a good effect on the Attornies, as these gentle- men ai'e not infallible as to their memories, they occa- sionally require to be refreshed by the agency of a remem- brancer. When decisions are carried to Charlottetown, suitors experience a great deal of delay and expense be- fore they can- obtain the fruits of their suits. He thought therefore that a remedy for this evil was loudly called for by the country. \ r,

Mr. SPEAKER conceived it to be the duty of the House to'frame such a measure in this case, as would secure all suitors now in court, their respective rights ; this could be easily done by a short Bill, transferring the business of this Term to the next Term followmg.

'Mr. DALZlEL said, for his own part, he had heard enough for and against the measure; he would go with the Bill. in order to prevent, the inconveniences that would likely result from allowmg this Term to expire.

Mr. SPEAKER said, that last sesston we endeavour- ed to“ ‘ at an act , passed to alter, the present mode of bringing 'cérta'in ac lope,

l.

and for want of the co-opera- tibii of‘tlie othiir anchor tile" Legislature, we were

i

,Vnwu..mmman.‘.u.r n _. _

tify the dome of a choice few, who are wont occasionally -

did they stand in his estima- tion then, that he actually in- troduced a Bill for taking the right of selecting Jurors for the Supreme Court out of the ' hands of the Sheriff of the ‘ County, and conferring it upon those very Magistrates, who, if we are to believe the lion. member, are not competent to decide upon a two-penny or ten-petiin matter. He would , ‘ next advert to the remarks of the hon. member (Mr. Le La- cheur) on the effect this Bill would have in increasiiig'tlic power of the Commissioners; that hon. member need not.‘ e‘ be so dreadfully alarmed as i to putting a weapon of op- 4; pression in the hands of that ~ .. ‘ ~ - , . o - bod . If that h011.~lWhM>‘ w W King 5 Coufizl'yas- iloiifiigqlfoihggg 1“? {mluundence in that bOdy ' the latter might bring his action in Ch. Town ifhe liked ; —lf they ale bell‘aying the this is the cause of all the accumulatién of business at tl‘USt l‘eposed in them by the Ch. Town, and consequently, another Term must be Executive—why (1095 he not called for ; but. be (Mr. Speaker,) would have the case immediately $60k a repeal 0f altered. iftlie debt were contracted with a merchant in that Statute under which they ’ Ch. Town, there let the action be brought and tried, and act; or why does he not peti- let the like principle apply to the County Courts. By tion the Executive for their ’ rejecting this Bill, We Will shew the other branch of the immediate dismissa]? Have Legislature that we ought to have such actions‘tried‘in not the p'roprietm-y body 3110- $3; 2:15;: the paities resule and wucre t.ie (133,. more summary-and efip Mr: DALZlE L. said, that as lon" us‘ there will be (“em mpde ‘9 “mm the-“i C _ . ,. ,‘ . D . ‘ . rent? Yes, {'01 the course laid oLrts held in lung s and Prince Counties, so long “'1” down b t, I f th 1 ud these dry questions oflaw (originatingtherein) be argued . y 16 31v, 0 f a - and determined in Charlotte Town. IS (as .118 ficncenca) v?“ plum Mr. MONTGOMERY asked, will we by our disagree- and sum)”, for When the rent ing to the present Bill prevent the attornies from coming becomes due, all that the 139d? pto Charlotte Town to argue their points of law so re- 19rd 1‘9? to ‘10 F: m, authorlze served in the County Courts ?—No, certainly not; and his balllfi‘ {.0 (lISU‘aln for the as they all live in Charlotte Town it will be of no ex. rcflt- ll. the tenant PleaSBS, pense or inconvenience to the country if they argue and he can uppcal, by rcplcvy, t0 , determine those questions of law there. This will no the Supreme Court, there to .doubt, expedite jllsticcwwliicll is‘ a‘ great object in an‘ try his right. This is's‘o shin ~ infant. cqlony like ems—~11; (Mr. M.) was ptill of the ple a mode, that the landloer opinion list it: was 0 , on a brmer occasion- ie saw no would ‘ ' , I " ‘ ‘ reason why the bill should not be adopted. 7 ‘ circuitg’f; 2:311:32; The motion for the second reading of the Bill was then in" So much for this hon v ilBglCCLl :0, “ iihoiit a dwismn ; and tnercnftcr the said member’s sagacious foresighL ill was committed to a Committee of the whole House, He has also told us that ve when several amendments were moved, and agreed to. - ‘ l _ must legislate for the many and not for the few. .Now, if

we are to legislate for the ' ,1 many, who recklessly run in- ' ’ to debt, we will be legislating for the encouragement of - fraud and iinposture. After the extension of the jurisdicr . V tion of the Magistrates, if any ’ i suitor questions their compe-a tency, be Mr. C.) would say, let‘thcre' t on be a clause in- ‘ troduced into the Bill, to pro- vide a Jury to act in conjunc- tion with the Magistracy. , 'And as the Commissioners” Court is a Court of conscience, a suitor might be heard. in evidence on oath in his own cause. This would be Very convenient in the country in , dealings amounting to £10, ’ wlicrc, perhaps, a contract. is . entered into between two, for ‘ the purchase of a horse, a‘.‘ cow, or any'gther commodity, ' , and all witnesses being at» ' sent, the party litigant in such‘ .‘ case would be allowed to be, a witness in his own cause. He (Mr. C.) for his own part, saw no difficulty in‘the way, where the suitor would have his option either to leave his’ cause to the decision ofthej‘y ' . Magistrates or to the verdict 2‘ of a Jury, to sit in cases amounting to £10. This would be, the means of saving much expense to the suitor. Were such suitor obliged to seek his remedy in the Supreme Cour“, a heavy bill of costs would likely follow, and he would, likely fail for want of that' strict legal evidenco required ~ in Courts of Law. . . Mr. LE LACHEUR said, that f, ,' as regards the incompetency ' of the Magistracy, he was not to be questioned forum; ma- ' king 3. clamour against that]: body; his constituents were not remiss in making .then' : complaints known ,to’ the} Executive; but they were heard. His Excellency the Lieut. Governor had, received petitions complaining loudly V of the conduct of some ofthe' Magistracy; they were ,‘not '

all of little effect. He (Mr. P.) has heard the Hon. member deliver speeches on different subjects mixed up with truth and crror,—in such case be (Mr. P.) was ‘wont to apply the one and reject the other; but in the present speech he could neither see the one thing.nor the other—It served however (as he sometimes succeed- ed) to make the House laugh ; but certainly not at the point ofargument. Mr. Speaker has told us of his at- tempting to pass a Bil‘. last session relating to certain actions which proved quite nugatory in effect—and why should it not, when the principle was so repugnant to all the rules and practices of British Law—But he would, forsooth, bring in this old story as of some weight, in leading members from the main question, under con- sideration. which. (as already mentioned) has not the least relation to local or transitory actions; such no doubt would be an unjust restriction and‘ productive of a bad effect, were all actions, without distinction, confined to the place where the cause of action arose.

Mr. SPEAKER said in reply, that as to the bringing of actions in a different County from that in which the parties reside and where the cause of action arose, lie

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House in Committee on the Bill to extend the jurisdic- tion of the Small Debt Commissioners.

Mr. LE Lxcnnoa said, we are not prepared for this measure at present; the Colony. is now in such a state as not to warrantrtlic passing of such a Bill as this. When we think of making laws, we should ‘fil‘St consider 110w they would operate, and whether they are called for or not; if we find a remedial enactment is, required, it should be our next duty, as legislators, to legislate for the many and not fOr the

cw. As to the extension of the jurisdiction of the Small Debt Commissioners, he would like to inquire into the past conduct of some of them. By the adop- tion of this Bill, We will furnish an additional wea- pon to coerce the unfortunate tenant. By this mea- sure would lie become subject to those magisterial courts. Theii‘jurisdiction, as regards rcnt,.is now confined to sums not exceeding Five Pounds, cur- rency, not sterling. One great objection to this Bill is, that it would fiiriiish the Commisswners with various weapons. to put the country in a worse plight than it is in at present; it would lie to bring the tenant the more speedin to the rack—in effect, it would be lynch—law in all its horrors. This exten- {sion of. jurisdiction would be verily to exterminate the agriculturist. If we were in a country where the great bulk of its inhabitants were. lice and inde- pendent, we iiiight think of passing a Bill of this nature; but, situated as we are, in a proprietary Colony, whose Government officers are generally the instruments of proprietary tyranny, are we, the chosen of the people, convened here to pass a mea— sure like this ? to put it in the power of those men whose public character We well know, to hunt down the agriculturist—to strip bare the widowed and the fatlicrless. This Bill will answer a few very well— such as the petty-cliapman and pcdlar. He would be sorry to think, that any honest creditor should. feel a difficulty in recovering liisjust debts, but such he knew was not the case, as courts of justice are open to all in the Colony. _Ile felt assdred that the majority of the House would never consent to this Bill. As for himself he would use his individual exertions to oppose it in every stage.

Mr. THOMSON said he would support a measure giving jurisdistion to a} certain number of Commis- sioners, to adjudicate on matters not exceeding Ten Pounds; but this jurisdiction he would not extend indiscriminately to every Commissioner. Some of them are" of very inferior standing in the community; 'some‘ of thorn are bull-dogs of oppression in their magisterial office; some of them he would not trust with a two-penny on a ten-penny matter to adjudi- cate on. Although this, measure might be favoura- ble to the views of many of his constituents, yet he was not their servant, no more than he was their mas- er; he was their representative, who had been sent to represent their interests in thislHouse; but in do‘iing

"'- pgeljfi. would be governed 50165’ by his_own JD 5 listens“, to, even “(File acme. ~

Mr. MONTGOMERY said the object of the Bill is to 0f H‘s Excellencysadwsers ., _ provide the cheapest justice possible for the country- we“ knew tlle lilo _r The jurisdiction of the Magistrates was first limited PMmyeF 0! the“ Pehfifigg-af“ ' to forty shillings; that was found to work well; it ‘1‘. Chairman (Mr. . I .’ v r was then extended to Five Pounds; we find that t9 milled). the Fondue! “$013.3 work very well also. Why, then, should we limit of these Magistrates its-ring,th .1 their jurisdiction to this amount, after taking into reprehenSible; they migli account the great inconvenience the country now seen at night wallowmg an,

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