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. an disability on the

- pron

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et‘ interest. or some other legal, inc

Unless in part of the herifi‘, the Writs of execution should not be addressed to the Coroner. This was one reason. why he was strongly in flvowr ofthe present bill. He was determined to do ’his duty, careless whom it might ofi'end. There was no salary attached to the allies of Coroner,aod, therefore, were the bill carried into a law, it would . _ do no injusticeto'tbe resent incumbent. He (the hon. Mr. Pope

) disliked mono has all kinds, but particularly such a one as t at then under t eir consideration; and he would ever set his face

ainst them. ‘ .

“Mr. Srsaxsit said he would have no objection to the prpposed appointments, provided the individuals on whom they might be _ conferred could be prevented from becoming a nuisance instead ofa benefit to the country: :He had seen soon to conyince him how“ actively mischievous such an oficer as a Coroner might make him- self, by holding unnecessary inquests for the purpose of increasing his fees. He was afraid the appointments would he eagerly sought after, with no other view than that of making money thereby.

The Hon. Mr. Pore re lied, that perhaps the honourable the Speaker thought he (Mr. ope) might look forward to the appotnt- men! of Coroner ofPrince County; but he could assure the honour- able Speaker, he would not discharge the duties of the oficeveven - for a salary of£100 per annum. - . . I

Mr. Trinstson said, the evil could not be worse than it was at present. The amount of what had fallen from the honourable the .Speaksrappeared to him (Mr. Thomson) to be simply this: that in

' the several counties, there could not. be foundmen of sufficient

honour and honesty faithfullyvto discharge the duties of Coroner. He (Mr. Thomson) would be sorry to_have either to think or say so.

Mr. Srnxss thought it would argue no unreasonable doubts or apgrehensions, to say the duties of a Coroner should be well and In ciently guarded and defined. . .

The Hon. Mr. Porn remarked ,—that the duties of Coroner were not explained in anv British Statute. The office had extsted for time immemorisl. he Coroner, he stated, acted in a double capa- city. In discharging the duties ofthe Sheriff, he acted in’a minis- zertal capacity: when holding an inquest, his duties were judicial; and in the latter, his peculiar capacity, he was not authorized to a point a deputy; as the Sherifl's substitute, howeverphe might.

he honourable gentleman here alluded to the employment ofa certain individual, employed by the Coroner in his capacity of Sherifi's substitute, to serve writs ofexeciition, and commented with ‘much severity upon the character of that individual. He (Mr. Pope) again insisted that in cases in which the Sherifl' was not legally disqualified by his being an interested party, he ought to be the persd'n to whom all writs of execution issued under hind assess- ment judgments ought to be addressed.

Mr. PaLstlit confessed he was at It loss to tell whythe Sherifi' should he passed over, and writs of execution issued under assess- ment judgments, addressed to the Coroner. Certainly, in case of 4 art of the first officer, as a matter of course'it fol owed that the dirty should devolve on the next ministerial aficer. The name oftlie Coroner was introduced as an amendment to the Land Assessment Bill, at whose 'suggestion he could not recollect. He had noob’et-tion to the appointment of Coroners for the other two Counties, flurther than as he thought it might be an infi-ingement of the prerogative ofthe Crown. He had not seen the Patent before. The appointment, it appeared, had been made on the authority ofthe Despatch, as much as in virtue ofaiiy authority otherwise residing in the administrator of the government of the Island. He did not throw out this remark with the view of an _ obstruction in the way of the bill; butlie thought it would be well to consider the subject under that view. If it were foundtn he as he apprehended it might, the bill would be rejected by the Council as an infringpment on the prerogative of the Crown. _

The Bill nvin been gone through, clause by clause, the Chair- 'man, Mr. Le Lac eur, reported, that the Committee had gone through the bill, and agreed to the same. -

—

FRIDAY, March 6.

nosnsn WAthiovsm—Ponr or cnasLo'r-rerow'it. \ r Mr. PALMER said he rose, in conformity with a notice which he lied iven a few days ago, to move that an address be presented to His %xcellency the Lieutenant Governor, praying that be ’will use his influence with the Commissioners of II. M.-Customs, to procure for the it of Charlottetown the advantages of ‘a Bonded Ware- house. tseemed to be a thing imueh.desired .by mercantile men in the .town. It would increasetiade in the town and extend it in the country. There would be no necessity for' the erection ofa

warehouse. It would rest with the Collector of the ’Ctistoma,:if he .- ”, '

thought 'proper, to allow merchants to warehouse in-~thoir own stores. ‘he responsibility would ’restwith the Collector; he might, ifhe pleased, allow merchants to make warehouses of their own cellars. in thin he eitpocted slid Blouse. would go along with him. He would move a short Address to His Excellent: 'at ‘once.

Mr. Ls Lacnaun said it was a subject With which be, for one was not well acquainted. He would wish, both for hiinselfand others, that time should be allowed for consideration and inquiry.

Mr. Rn observed, that 'when Government erected Bonded Warehouses, merchants warehousing goods therein had to‘pay’rent .on account of the goods bonded by them. Should the object of the honourable and learned member's motidn be attained, a merchant might erect a warehouse on speculation. He would never consent to the public's being at the expence ofthe erection. A readiness on the part of the merchants to erect such-n warehouse would be a

ofthc necessity for a bonded warehouse. As for it nierchnntYs convertin his oivn cellar into a bonded warehouse, he knew not how far at would the racticable. Cellars to be used as bonded warehousesrequired to e constructed in a peculiar way, and were subject to certain peculiar regulations. , V

Mr. Pauutnread the Resolution which he intended to submit. He said it was not his intention to burthen the Colony with the erection of a Building. Had he had siich an intention ‘he would have made his motion‘in a different way. Should a warehouse be built, it was most likely it would be out ofthe Imperial Revenue. He stated the advantage of a bonded warehouse to persons who could not afford to pay the duty on the arrival of their goods. They might then deposit their goods where the Collector should please, and, as they efl'ected.sales, they might go and deliver to

uyers, and thereby avoid the actual payment ofthe duties until the were enabled to makeit out of the proceeds of the very article sol . ' Mr. Tnoatsov saw no reason given in the address for making Charlottetown a free warehousing ort. True, it was ' said it would facilitate and extend trade. T e reasons adduced in In port ofit, however, were not sufficiently strong to meet his-ideas 0 such necessity.- It might not immediately impose- a burthen upon the Colony, but eventually it would be likely to do so. If a free ware- house were erectedgit would be necessary to appoint a warehouse. keeper, whose salary would have to be deducted from the imperial revenue. He would recommend the honourable member to with- draw his motion, so as to allow time for consideration and inquiry. If the Collector were 'to do the duty, and no warehouse-keeper should, be required, there could not be much objection to the motion; and he thought _while they were doing one good thing for the country, they might as well do another. If the honourable member y‘gould include Georgetown in the request, he would go along with

im.

Mr. Paulina. said, to save honourable gentlemen and the House trouble, he would withdraw his motion, and give notice that he would, at an early 'day, move 'that an Address be resented to his Excellency, praying his influence to procure for Char ottetown, from Her Majesty in Council, the appointment ofa free warehousing port.

THURSDAY, March 12.

Mr. Li Lacnlnn presented it Petition from divers Agriculturists ofthis Island, praying for the redress of the various grievances’under which this Island now lsbours.-—He stated that there were, he believed, one hundred and forty signatures to it.—The Petition was ordered'to lie upon the table. ‘

, YIEHERY RIIIRVES.

0n thamotion of Mr. D. Mscnonuai, the Fishery Reserves Bill was read a third time as engrossed.» ' g .

The Hon. 1, S. Micnosatn objected to the Bill that it did not settle the union as to wherethe- fisheries should be considered to extend. hat question being left unanswered, would, he said, leave room for‘endless litigation; He proposed to amend the Bill by striking out the whole, and substituiing the clauses which had been Krepared by Mr. Palmer. (See the report of that 'entleman’e speec incur .last). The motion was seconded by Mr. on worth.

.Mr. Rat said, the amendment was an entirely new Bi I. He did not think the honourable gentleman submitting it could expect the would see anything so excellent in his Bill, and so defective int am, that the Would at once abandon the latter andpdopt the formter. He won d.therefors support it, and vote against the ismend. men . . » . . ..

The amendment was negatived, by a majority of eleven, three voting hi it and fourteen, against it. .

The Bill was then passed, and sent to the Legislative Council, for

concurrence. . ~

TheOrdeiroflthe‘Da , for use House ii. Committee, ".0 amid"?

"the Rep'ort'of the Special. Committee Appointed last Session, to ac-'

quire nominations” the «recess, tone

in .sucli' amendments ‘as it

may be expedient to make' Id Ibo fickbrst e once regent.“ “4'

support of District and other So s,-beiitg read;

I

may, of ‘ is“; “lama-mg, [shelved itself-into the said Committee-:74?

Mr. D. Macdonald in . ochair.

0n the House resumi , Mr. D.,Macdonald reported, that the

Committee had come toa esolution—which‘kcsoletion was agree/[l , -

d' sfivllows:—' . . q to 1238:1211]: ll: :giniISaaofthis lCommitte'e, that the Report raffle Spectnl . Committee,appointed last Session tobzcxse mgizgoqargggepfisg ' 7 . masses to e c _ , _ :‘ficigeibiflou Joura‘els oyf this House, and also pubished once in eacb‘of the Newspapers” ofiis Island. ' 7

Farms, March 13.

Mr. Lao ' I . _ d ton in Re‘ rt of the Speciavaommittee appoints ‘ inflating? i'epo'rteon iii): Public Accounts, reporter} Him Bego— lutions, which were agreed to by the House, and are as o ow .

...-. . .. . .. . who 0111 The mice of this Committee, that it recommend

theRlcl‘buszdlo 2:)p0lnt :pSpecial Committee, to ascertain, ,ifianyend how much of the expenses of Crown prosecution relate to prosecutions against individuals {or alleged'resisnnce to the collection of Rent. s . .- I

Th t it helmcommended to the House to ap int a poem Cgriierilill‘g’to e:amimthe Accounts relative to Buoys and Escorts, and to report thereon, and on the ei‘ieiency‘of the Buoys and Beacons already pro-

. vided, so far as they have obtained or can attain information—with power to

rsonl. rs and records. . _ “guardians ‘13:: then appointed, in conformity with the forego- ing Res‘olutions. ‘ ’ ' ' ‘ _ ' . ‘ Si‘rnamv, March 14. . , g The Bill to prevent the runniii at large 'of Horses and Nest Cattle in the Streets and Squares o Charlottetown, and to repeal a certain Act therein mentioned, was,- according to order, read a second time. I . '- - Ordered, That the said Bill be now cummitted to a Committee of the whole House. ‘ I y I ' V ‘ : The House nccordinglyé'felsolved itself into the said Lommittee, . . Macdonald iii the air. - i - , ‘~ MCfthe House resuming; Mr. D. Macdonald reported-that the Committee had gone through the Bill, and made several amend- ments thereto. -‘ ‘- v A _ ' Mr. Clark moved,~rhat‘ the Report be received this day three onths. ' " ' . ' » m The House divided onthe question :— Yeas: Messrs. Clark, Palmer, Thomson, Longw‘ortli, B'eck, Macn'eill—G. . ‘ Naysz—Messr's. Yen, Dalziel, Fraser, Macfi'irlanc,.l. Dingwell, W. Dingwell, D. Mucdonald, Rae, Hon. J. S. Macdonald, Messrs. Forbes, German, Montgomery—12. - So it assed in the negative. I The ill having been rb-cummitted, for the purpose ofamending the same, and the House having resumed ; . . _ Mr. Palmer moved, thufi‘the‘Repoi-t be received, this day six months. ' I . . . ~ . The House divided on'the'qtiestiori: Yeas, 6: Nays, 12. _ The several amendments reported from the Committee were then readhy the Clerk, and on the question put thereon, agreed to by the Houses ' Then-the House adjourned. - . .. *Mon’nav,fMarch 16.

Mr. Rae, 'l'rom. the Committee'appointed to ascertain ifany and

how much of the char e's for Crown Prosecutions relate to prosecu- ‘ionil against "individuals, for alleged resistance to the collection of Rent, ’reported from the-said Committee; which Report was again read at the Clerk's Table, and is us lblloweth :

Your Committee, tn'whom it was referred by the House to examine whether‘ii'ny "of the expenses of Crotvn Prose- cutions relate to, the alleged’resistance' of individuals to-the collection of Rent, hive'to report, that in the Accounts of the Hoinourable‘:the v Attorney General, there appears a charge‘nfsfi'fi 15s. 4d.'-""in those of the Solicitor General, a charge of £1 ls. 0d; and in those of the Prothonotary, a

charge of £1 85. 0d.-g—all.'for a prosecution commenced by 1

the Crownagain'st times individuals, for an alleged‘res'c‘u'e ' g of some cattle-,deVbelongiiig to ‘one Martin, of Belfast,

and distrained foii',,re tfa‘llegfied, to ‘begdxu’e 'to theITr‘ustees .

of ;Lord Sitlltiitlt,

an» lth'at} it. Jappeaiis, , here; may_,_bejsonie'

further lprecedure rt‘r-Ft‘lrisiuii‘tattei'.Math-e:publicEcxpcnsé;l ‘

Whether or'ir’p gh‘yfwfip’ense was incurred by~summonin’g witnesses, 61.9.1 yourfigininittee have not. been able to'as— certain. " ‘ ‘ " '

a; s- 1:,_ » n . , . There appearsan Accounts of the Sherilfol‘Quéen’s“

County, the sum (if-£32 7s. llsld. for expenses incurred in;the prosecution, atvthe suit of the Crown, against Hugh.

MfLeod and"'i'v‘il'e,"fol[,‘a ,lsimilitr'reeis‘tances >' As a‘ ‘trial ‘-

look.place~iri this case,.there isvno doubt'thafa chargelin' this matter,‘ for Ethesbrvices o‘f-the'Prothonotary and the Attorne General. deb. will be forthcoming against the country the nextv‘yeari‘ ' r 2' - i i

From information ,N'vh‘ich ' your Committee have re-‘ ceived, as to certain proceedings which ,tbolt plac'e 'a‘t "

the last sitting of‘the Court in Georgetown, it- appears,.

that the. public will have to defray a heavy charge

for law expenses there, as bills have been found by the ' Grand Jury againstseveralindividuals, for an alleged as- '

sault on the Sheriff at a sale or cattle belonging to James Douglas, of Bay Fortune, and distrained for Rent; and that.

in 1838, there was phid out of the Treasury the sum of '

£81 185. 3d. as the expense of taking constables to assist the Sheriff in his endeavours to apprehend one'Robertson, of Lot 42, King’s County“ forqhis alle ed resistance to the Sherifl, in serving a Writ for Rent, esides the Attorney General’s Account, in regard to the’sarne matter—amount £745.6d.» :

Ordered, That the said Report be referred» to the Committee of

the whole House‘tee uire into and take into on 'd ' Stats ofihe Colony: :" mi . - , [m 6mm” we

. Leotsu'rivn COuNCIL CHAMBER, Monday, March 30, 1840.

According to order, the names were called over.

The Order ofthe Da ,vlbr hearing the Solicitor General at the "

Bar against the Bill intituled “An Act forth I ‘

Fishery Reserves in this Island," being“ read ; 0 “Eu anon or the The Solicitor General": accord‘ l l " ' '

to the following effect :-- ' mg y M led m, and "wk", The Souct-roa German said he a cured h f

Counsel for certain extensive-landed plgtplfl'lelorl thliidleldllftilde i:

ghew cause against certain clauses ofa Bill which, as they concieiv-

ed, materially afi'ected their rights, and went to deprive them of pro- .

party to which the thought themselves as 'us'tl e'nt' l were to any part'o the estates of which they’hapbeneditriibydwn- ers. Whether Viewed with respect to the deep public excitement it had caused throughout the country, or ,with regard to the immense value of the pro‘perty involved in it, the uestion was one of the highest magnitu .eand im arteries, and well deserving of their most attentive and serjous consideration. Before coming to it however i he could_not avaid felicitating his clients on their good’fortune in, thus having an- opportunity,“ having this ap ea‘l in their‘boliulf made to those who hail,sonie fixed principles 0 legislation in (their minds—to those who,“ he was convinced,‘ had firmly fixed in their minds that principle of' constitutional Law' which ‘- he might as a: th‘e test aggressions; .hyfwhich the legislat’or might try all; so ness 0 is o inions on ’an " ' "” ‘ which he was-called lie decide—he lugziiilihgtaE9Cting propel-[y'all tional law which declared that the rights‘qf snewhtble, and are not to he doled away at plbasure to suit a wh' acaprice, or Convenience, of a moment; whose jbdgments w "ill not, therefore, be influenced by popular clamour, h'owever’loud :30 . . . 3 -

P‘m to‘bo'; but who,

hey

there to speak it on, feelihg her had an ass , I task ' ‘ tailp‘zvtxillfi anlly b; rufflesng f3? him tzshewtlilidtrihbndldsxi ‘ c esoii o'ect'db ‘ ‘ to which he had alluded, by tenlding lithliailiiitmh me Wm?"

that which was incl-Pm,ij and unchangeably "pure Illl clients of

their trying, in the ‘ordinar and established ' their to_ titltto which if they (the Housefvbfiiiga it so, eir right wait at prment doubtftil. ' H

he should succeed, in showing that the objectionable‘

either ofthess elfects tb r w Id ' ' ' ' a law 3.5m ultrahigh h?v2°ili2?dhhnhmr Punuimo

7!, from the Committee of the whole House having -

fore, force'itinto di‘sctission ; and

. ference'to the‘ right of the

mpcrty are sacred and . _

“gm, ,1," may”; either direé’llf'd‘e ivififih‘m’ >

a ' al degree afl'ecting.:t eir millillriengh dilation, which'.(he felt eon .

propriety and justice, on It ' ' to .loo ' it

which createdthn.nserve.q fllqlmlfl luv e , 1 “fig”. - heads—First, of the twelvsuTovvnstnpa,"new" t the reservation were—“ Saving and. reserving ashes M a.

“ all His Majesty's subjects of carrying one, free fishery in

" ries on an ‘ art or arts of the, coasts of the paid Township,“ . , V “ of erectinygp‘stagesfand “other newsary’mlgnfi.hvm~w .-u Fisherv, "Within a distance 500m“ frarn'lrigh'w . [5.71 'h. _. , ; would pause here to consider thelegel efeet'ofthisreserv‘etrem In whom was the fee in the 500 fe'etjfrorn highwster mark vessel 3" No one would deny that it vested in the grantee..ud um g m v - liberty, or franchise only, ,was reserved. ,gpon what prim” j. J. Mm,” . ships be deprived of their rents, or perch“ money .min‘ “I. on“, ' Zor, in plainer language, ofthe soil which was admitted to be theirsp Property might he possessed in an unfettered end unshackled,

law or justice, then, could the'proprietors these twelve

manner, or it might be held clogged with reservations 'or conditions;

and it might be much less valuable to the owner in its'former, than ill' ~

its latter state.'1t might be that, free from the reservation, it would be

worth £1000, and that, clogged with it, it would be worth the quantum ofde reclation must depend on the proximity or tor moteness of the c iancc of the right reserved being exercised; but,. _, subject to that reservation, it'was as much his as any other part or his estate, and the de reciation in its value in consequence on» reservation, was, sure y, no reason why he should be. deprived of it. What other pretext was there, to deprive the proprietors of

these twelve Townships oftheir right in the soil ofthese reserves?

. There weapons; and yet the clause to which he was objecting did'

so: be however, felt assured, that its injustice required only to be exposed to be prevented, and should therefore pass on to the second class ofgrants, viz: those oftlie32 Townships wherein the reset:

vation was clothed in different words'—-“ saving andreserving, for

“ the disposal of His Majesty, his heirs and successors, feet

“ from highwnter mark, on the coast of-thetrnct of land hereby. “ granted, to erect stages, and other necessar buildings for carrying,

“ on the Fishery.” In whom was the legs estate in the 500 feet

. vested under this reservation? Did it use to the granteemr remain

in the Crown? He knew that opinions had-been taken on ’tho

subject, and he had himself, in his public on acity, given an opinion‘

that it remainedin'the Crown. _0thers, iowever,had held that

it went to the grantee. He was not there to enquirc‘vvhich _was, right or which was wrong; but, with these conflicting opinions,

could any honorable member say his mind we free from doubt u on the point ? ll'not, did he feel himselfcompetent to decide It?

0 deprive his clients of their right, without atrial ofthe. legal question, was just as unjust as to deprive them ofthat which was