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ROUSE OF ASSEMBLY.

Private Secretary’s Fees.

Mr. Fraser, a8 chairman of the com- mittee appoimted to report concerning certain Fees taken and retained by the jute Colonial Secretary, es Private Secre- tary's Hees, presented a Report of which the following is a rue copy, as handed to us by the Clerk of the Assembly :—

REPORT.

Your Committee to whom was referred the Return of Fees received by the Co lenial Seerctary os Private Secretary’s fves—-have to Report, that froin the date of his appointment, in 1840, up to the 3lst December, 1850, the following amousts have been exacted and detained by him, viz.,—For marriage Licenses, £249 53. 2d, Mattivge Bonds, which have no reference to Private seal, £420; ‘cavern Licenses, £99 14s. 54., Pedlers and Ferry Licenses, “ 10s. 10d.: the three Jast ems amoanting to L517 4s. 5d. being ander Public Acts, which do not require any Private seal, nor authorise nny fees for Priva'e Secretary to be taken on them, your Commitice submit were taken and detained as will be hereafter eeen without the authorty ofany specific Law. As regsrda Tavera Liceuscs, your Committee submit, that by the® Act Gri Will. 4. itappears the issuing ef those licenses was conteniptated to be accom- plished in the Cojonial Secretary's office, ‘The first ciawse of the said Act goes on to say that before any person receives a Tavern License, such persoa shal} give a Bond t two Justices of the Peace, which Justices shall give a eertifi- cate to the person requiringsach License; and whch Bond «and certificate shall be lefi with the Colonial Secretary at the time of obtsining such License. As re- spects the first vem, viz: £249 5s. i. for Marriage Licenses, whieh ts the only item, in tle opiniea of your Committee, yo the return. that has the anthority of i,aw to use a Private Seal, provided there was a Commission issued; your Com- mittee will have to remark more at large, in order thut the reasons which may de adduced nay not only bear upon that par- ticular Rei; bat, if necessary, upon ‘the The only authori- ty whch your Committee can find in re- ference to sard item 18 Contained in an Act passed 1776. denominated the Pri- vate Fee Act, wherein under the head * Private Secretary’s fees,” there 1s the faliowing item: © Al) Lieenses under the Private Seul, Ss.” Bat before descannng noon the item, marrage Licenses, your Conmitteewill remarkagain that theAct of

1776 does not specially authorise that the three last items should be marked with the Private seal, and consequently it must be inferred that no Prwate fees were cou- templated to be taken for the issumg of those items: and in as much as the Act Gh Will. 4. contemplates that ‘Tavern Licenses would be issued m the Colours! Secretary's Office, your Cowmitice sub

mt that in the absence of any speci fic Law to the contrary, it was part of the duty of the Coiomial Secretary to is-ae Pedler and Ferry Licenses, 1¢ well as execute Marriave Bonde, for which he Was pad a vulea salary, az will be bere

sfter more porticulmriy referred to. fs, regard to Marriage Bouds, as declared hy the Act. Ga Vie. cap. 8 itis ciearly

eet farth that tac Peothenotaries of King’s ond Prince Coanties only should be paid Fees for taking those Bonds, while the epicit of the Act excludes the Private Se- crelary, even if there was Such au office: 14 Canason, from taking fees 0% Tose Boads —ior this renson, your Comuitice sabunit, that at the passing of the Act

theayghad uo stated salary attached lo ther oifices, and consequently Pees were «!- lawed io remunerne thein for the services consequent on those Bonds fron wa cli vt. evident—net ouly in the #d.cace or any declaration in the Ccuntcary, bui eveu according iv ihe spirit of the Aci— trat ax Mr ftlaretand had a stated sxlary 4a lien of fees, it wos part of bis @iiy to execuie these Bonds without any OUler remtineratiog. But tadependeat of what thas peeu said, your Com nittee sabrt ‘Weat tite said Act of 1776, with Cer ex-

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ception of that part of it which has refer- ence to the Lieutenant Governor alone, hes been disused and consequently has become obsolete, and not been adhered to for upwards of twenty years past. And your Committee have reasen to believe that there bas been no commission issued or appointinent made, and of consequente there has been no acknowledged Private Secretary in the Island, for the period for which the said Jast item, as likewise the other sums, were exacted for some years previous thereto.

Your Committee have come to this conc'usion from the following circum- tances ;—that the office became virtually abandamed in 1829, when the salary at- taehed to it was withdrawn by the Im- perial Government,—and that when [lis late Excellency Sir Donald Campbell was. requested by an Address from the House of Aseeinbly in 1850 to cause a copy of thecommission appointing the late Colo- nia] Seeretary, Mr. Uaviland, to that of- fice, to be Jaid before the House, he de- clined complying with their request, and that bis Excellency declared to that com- mittee that he had no Private Secretary. And in reference to the Private Fees for tie past year, which are now before the liouse, by commend of his Excellency, there i8 NO comadssion asserted to have been given to Mr. Haviland, only his own wWriiten assertion to the effect, that it was atranged in 1820, with the ate Lienteaant Governor Ready, that he should act in that capacity; which, inthe absence of any commission, and in con- tradiciion to the evidence which will be herewith adduced, appears to your Com- injitee incredible and cannot be taken as a proof that Mr. Uaviland, by that as- sump'ion, was entitled to those fees, es pecially when i will be considered, that at the time of the late Lieutenant Gover- ner Ready Mr. Haviland was only Pro- vost Marshal, and that Mr. Collins the then Colonial Secretary, was the person by virtne of his office, who had the most intercourse wiih his Excellency,— and, of conseguence, is more likely, if such anu office was continued, to be the persou that would be commissioned to discharge the duties ef the same, Lut, independent of this, and of the written assertion of Mr. Ulaviland, your corm- mittee find that Marriage Licences, and Licences for the sale of spirituous _J.i- quors, were issued by Mr. Llaviland’s predecessor (Mr. Collins); and those Li- cences were issued by virtue of his hav- tag the office of Colonial Seeretary, as will xppear by the several marriage Li- cences hereunto annexed, the first issued in 1829, warked with the Colonial Secre- tary’s seal {and nota private seal) over the Lieutenant Governor's name, and signed, “J.P.Collins, Colonia! Secretary,” ami the following Marriage Licences, datec April, 1832: May, 1833; Feb. 7, Is3i: Feb. 7, 18385; and June, 1838: saxrked in hike manner wiih the Colonial Seeretury’s seal, and sigued, “J. P. Col lin>, Colonial Secretary.”

Avd notwithstanding Mr. Haviland’s assertion, that @owas arranged with the ‘ate Governor Ready, that he was to per- form the duties of Private Secretary. subsequent to J829, your committee do not find any oue instance in which he acted in that capacity, from 7&29 until ne came tohold the office cf Colonia! Secretary himseif; bat, on the contrary, they find that Mr. Collins did the duties fur suid period, and your commutee have rdduced those Licences in confirmation thereof, and cenld adduce more such evi- dences,in refutation of Me. Haviland’s writien aszertion, if necessary.

Your Comantiee further find, that Mr. Qaviland himself, although he took and re'ained Private Secretary's fees while he was in office, did not issue Licenses as Private See-etary, which will appear from the annual Licenees, dated October. ISii; September, 1842: and July 1343. —sigued by his Dephtyceorge Thresher, as Depay ‘Rewisirar; thoa shewing that foes were taken and deiained forthe du- jes ofan cf8c° whose emoluments were specially Conwauted tur a stated salary, ag wil! be geen bythe Act ded Vie. Cap. 27, which will be heresfier referred to, and for which proceedings your counnit- tee euomit there ean be no palliation. Aad notwithstanding thit dir, flaviland had ginee the said fees were brought to | qit ‘stion, altered te Up'paial Seeggtary's

emma

seal into a private seal, as will appear by ihe annexed Marriage Licences, dated itth Feb. and 3rd March, 1751, and has. likewise altered the seal upon Licences for the retail of spirituous Liquors, 46 will appear from the hereunto annexed Licences, dated Feb. 1851, and January, 1847. Your Committee submit that be hed no eutherity for so doing, and it would appear, from the evidence adduced, that it was done for the purpose of ap- propriating to his own use those fees which, as far ae the issuing ef Marriage Licences wae concerned, before the fees were commuted, he might do, as well as*his predecessor, in his capacity of Colonial Sceretary; hut after a stated salary was allowed, in lieu of fees, upon the basie of the Return of 1838, and laid before the Assembly, in 1840, as hereunto ennexed, and which will be hereafier mere particularly referred to, your Commitiee submit thst, in the ab- sence of any commission, :-he had no right to detain those fees; and further in con- firmation of there being no such official acknowledyment, we find that the Priat- ed Forms of those Licences were inclu- ded in the charges attendant on the Colo- nial Secretary's office, and chorged tu the Government of this Island; and that by the fortieth paragraph of the Royal Ja- structions, as likewise by the directions inthe Biue Books, it is required that ine Tables in those Books shail be annually fiiled up with certain Retarns; notwith- standing which, and that the late Colo- nial, Secretary was the person on whom devolved the tilling up of those Looks, there is no Return of the Private Se- cretory’s, nor any meniion made of, Fees received by any person, fur performing the duties of Private Secreiary, for 1849 up to 1848, as will appear froma trans- cript of the Blue Books, hereunto annex- ed, marked(A), When for the first time in that year, the taking and detaining of those fees becaine a question of dispute, ihe following remark Was made in the Blue Book, page CR: “ The Colonial Se- cretary performs the duty of Private Se- eretary, for which he received, in {84e, the amount of £53 sterling,” which oinis- sion is a proof, inthe opinion of your Committee, that Mr. Haviland did not consider himself justly entitled io these fees when he kept them for so long a period, a secret. when by jis instructions he wasso particularly required to insert

the: in those Books for tbe inspection of

the Imperia] Government and the Legis- lature of this Island. Your Committee will remark, that they cannot bat disap- prove of the manner in which those Books have in general been drawn up; and as an instance of their inaccuracy, will refer only to the Tables in connection with Mr. Haviland alone, es hereunte aunexed, up to the Bist December, 1847, where will appear that he only held fonr offices, viz. that of Colonial Secretary, Kegistrar, Clerk of the Executive and Legislative Connciis, for which, by the return of those Books, ke received only £150 sterling and £400 currency, when in fact at that tine he received besides to the amount of at least £155 annually, for being Clerk of the Legislative Council, and retained ar an average to the amount of £70 an. nually for the assumed effice of Private Secretary, and two anda half per cent for being Accoantant in Chareery. and £159 sterling for retired Naval Ofieer’s Aliowance: and your Cammiitee be- lieve tiat he heid, besides, several other minor oflices. te each of which there were attached some fees or emoluments, which it is HNNececessary lo mention, and Hei- ther of which, or the offices and emolu- inen's previously -named, are mentioned in those Books. Your Comnittee subnii that in 3340, when the stated salary was alowed in lieu of all foes, by a Resolu- tiun of the House, lis Excellency tie Liew, Governor laid before the Asseni- bly a return heresofure referred to, said to be an abstract of the Biae Books prepared by Mr. iiaviland acting then ay Colonial Secretary for the last six yeare, previous to the Bist December. [833 —~in whith absivact the sum of £629 Os, 7d. app?srs io have been received as tees aad enol- vieats far the offices of Coloual Seers- tary, Registrar ead Clerg of tie Execa- tye Conneil, for the year 1838; and your Coummitiee en referring te the Bine Books of 1238 find the amount returned for that

'year to be oa'y £593 L5s, 7d, by which

,

——

there appears to be a discrepancy of LAS 9s.; and for the purpose of volving said discrepancy, Your commitiee waited upda Mr. Haviland, at his office, in order ta compare the deiajled fees in the original Books kept by Mr. Collins, bis predeces- sor, when Mr. Uaviland answered your committee to the effect, tiat ke had ne Books kepi by Mr. Collins, his predeces- sor,ner any Jooks relative to fees pre- vious to his taking the office of Colonia§ Secretary ; and that Mr, Collins's Books, belonged tu his wife, who took them,— Your committee on reverting tthe said sum of £689 Ss. 7d. submitthat fees for marriage Licences must have been ineln- ded in said sum, as is £95 Os. more thar the amount retarned in the Blue Book of 1838, when there is no return made of Private Secretary’s fees; and your com- mittee are borne out in thia, by the faet, that from 1829, and thereafier, Mr. Col- lins, in his capacity of Colonial Seeretary did the duties performed by the Private Secretary, as will appear by the eeveral Licences hereinbefore referred to, signed “J. p. Coliina, Colonial Seeretary;” aod further, that although he did the daties. he did not assume to himself the office of Private Secretary.

And vour Committee sobmit that Mr. Haviland, wher he took the office of Col- onial Secretary, had no more autifority or commission for taking private fees thie his predecessor had, and as it appears, his predecessor (Mr. Collins) did the dutice a3 Co)enia] Secretary, it must be admitied tnat thore fees were incladed in the return of 1838, hereintefore referred to; which retarn was the basis on which Mr. Haviland accepted the stated salary in lien of fees, independent of whiek, your commitiee submit that by the pae- sing ofthe Act 3rd Vic. Cap. 27, which provides a stated salary in heu of ell fees, coupled with the return heretofore referred to, the Colonial Secretary wae precluded from eppropristing to his owa

use and benefitany fees, by whatever name be might cal) them. The first

‘clanse of the Act sets forth, to wit: “Ta@ lieu of ail fees, emoluments and allow- ances whatsoever, now by the laws of this Isiand payable to that officer, im respeet of any service or duty to be performed by him, and heretofore paid or payable by or on behalf of the Government of this Is- laud, ant ail other persous whomsoever.” And the second clause goes on to Bay, that all fees and emolunents whatsoever. té6him paid or payible shail be accounted for to tie Government of this Island ; aod that he shall pay the ainount quarterly, ia every year &c.,undera penalty of fifty

} pounds for every neglect or refusal, &c.

And now that tse exacting and detaining of those fees have been breught in ques- tion, we find thet there has been paid 1m- to the Treasury, by the return of 1850, the sum LIL Os. Ud., aad sy that of 1831, £9 33. 4d., which as a proof, thatifit was lawful to pay the said amount inte the Treasury, in those years, 1 must have beea untawful ia the previous years te detain such like sums fur his ewn pee and benefit.

In conclusion, your committee will re-- mark that independent of the Act Bra Vic. Cap. 27, they have no dowht that the three last eens were exacted and ée- tained without the authonty of Jaw, and

1 by the passing of said Act, and in. the

absence of any commission, it must be admitted, from the evidence adduced. that the issuing of all Licences was ac

complished, avd formed part of the Ce-. lonw! Secretary's duty, when Mr. Hav land assumed that office , and consequent- ly it wust be adimited, that these fees were included in the retarn of )833, for which as hercinoeforc sited, they were commuted for a stated salary; and as Mr. Collins, tis predecessor, issved these Licences, as hereinbefore proved, by vir- tue of his being Colonial Secretary, sod that MroHiaviland when he accepted that office ppon the basis of the retura of be33. and on the absence of any eo:n- MISsIO0, Was no’ pul mnie s Detter poses than his predecessor, he. in conseguens, was bound to perform the’ same ditties, and therefore ouglt to have paid the jest mentioned item. we i that for aaarrage |:- ceaces, na hkhewise (he tre jens, wiz: thal for Tavern Licences, and that for Ped ere

and Ferry Licences, regularly, inte the

Treasury. and reffamed from iakiny an¥

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