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A Weekly Hournal of Politics, Literature, and Alews.

Vol. X.

“"Phis is (ruc Liberty, when Freeborn Men, having to advise the Public, may speak iree.”’=--Euripides.

Charlottetown, Prince Edward Island, Tuesday, April 24, 1860.

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Provincial Larliament,

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LEGISLATIVE COUNCIL. Tuvespay, March 8, 1860.

The Bill. iotituled ‘an Act for the better apprehension

of certain Offenders,’ was read the first time, SIERIFFS’ BILL.

The Bill ivtitaled an Act to amend an Aet made and pass d in the eighteenth year of the Reign of Her present Majesty Queen Victoria, intituled * An Act to consolidate and amend the Laws now in force relating to the cflice of Sheriff in this Island,’ was read the second time,

Touse in Committee on said Bill; his Honor Mr Walker ia the Chair

Hon, Col, Swaner—The object of the Bill ix, as resy ects the appointment of Sheriffs in future, to place every thing in statu quo. The right or privilege of which it is purposed by the Bull to deprive the Government, is one which, in my opini n, no Government need wish to retain. Before the pissing of the Act which invested the Gove rament with the power to nominate and appoint the Sh riffs, the Chicf Justice expressed a strong desire to be relieved from the respon- sibility imposed upon him by the law then existing of nomi- nating three fit and proper persons, in each County of the Island to be made Sheriffs of the several Counties; and | k:ow not whether he will now relist the re-imposing of such responsibility upon him. I myself, however, have no objec- tien to make to the Bull,

Ilon. Mr. Watxer-—I know that the Judges wished very mnch to get rid of the responsibility ; and, L believe, it was on that account that the power to nominate and appoint the She: iffs was conferred upon the Government.

The first cliuse repeals the second, third, and seventh sections of the 18th Vic., intituled ‘an Act to consolidate and amend the Laws now in force relating to the cflize o! Sheriff in th’s Island.’ 4. :

‘ih» second provides that the Chief Justice, or io his absence the Master of the Kolls, shall, on the third Monday in April annually nominate, in writing, three proper and fit persons in each County of this Island to be made Sheriffs of the several Counties thereof, a copy of which nomipation, being signed ly the said Chief Justice, or or the Master of the Rolls, to the Lieut. Governor, or other Administrator of the Government for the time being, who is thea immediately to prick one Sheriff out of the said number for each of the several Counties of this [sland to serve as Sheriffs for the ensuing year, each residing within the County for which he shall be appointed Sheriff. The rest of this clause provides that afier tuking the oaths of office, and the giving securities, the individuals so appointed shall receive their Commissions, Ke.

The third, which provides that any person nominated and appointed under this Act to the office of Sheriff, after eight days’ notice of such his appointment, refusing to accept the same, shall be liable to a penalty of twenty pounds ;

And the fourth, which in such case exonerates a member of the Legislature from the fine, provided that within eight days of his having received notice of his appointment he shall siguify his refusal to serve to the Governor or Adminstrator of the Government; were all, without any discussion, unani- mously agreed to ; and so also were the remaining six ; the first of which or the fifth clause of the Bill provides that upon each and every refusal, the Chief Jusitice’ or the Master of the Rolls, shall make out another list, and shali deliver the «ame as before, and that the Governor thereout shall prick oae person for Sheriff ; the said proceedings so to continue until a person shall be nominated and appointed who will consent to and actually serve as Sheriff :—the sec nd of which or the sixth clause of the Bill provides that every Sheriff shal! remain in office until another be appointed and sworn in his stead:—the third of which, or the seveuth clause of the Bill, provides that if the Sheriff of any Couaty die whilst in office, another Sheriff shall immediately be ap- pointed for the remainder of the year, in the manner as in the Bill befure direeted; the Deputy of the deceased Sherif to continue in office, and the sureties of the Sheriff so dying to be liable for such Deputy until such new appointment be made :—the fourth of which or the eighth clau-e of the Bill, provides that every Sheriff shall, before taking the “usual oaths of office, deposit in the Colonial Secretary s Office a Bond for the due discharge of the duties of off *e, himself in £1,000, and two sureties, each in £500 :—the fifth of which or the ninth elause of the Bill provides that any persou injured by any act or omi-sion of a Sheriff may sue on his Bond, in the name of the Queen, and be entitled to the pro- ceeds with ecsts; the defendent to be entitled to costs if judgment be given in his favor :—and the sixth of which or the tenth clause of the Bill, provides that a!l actions against Sheriffs must be brought within three years from the accruing thereof. f

The House was then resumed, aud his Honor Mr. Walker reported that the Committee had gone through the Bul, and had agreed to the same without any amendment.

Ordered, That the Report of the Committee be received.

Ordered, That the said Bill be read the third time to- morrow.

Fripay, March 9, 1860.

Ilouse in Committee on the Bill intituled ‘an Act to enable the Controller of Navigation Laws in this I-Jand to grant and issue Fishing Licences to Citizens of the United States for Vessels built in Prince Edward Island; his Honor Mr. Forgan ia the Chair.

Hon. Col. Swapey said te wou'd vote against the Bill. Many valid objections to the passing of it presented them- selves to his mind. One very strong objection was that it came withia that class of Bills which, according tu the Roya!

Instructions, could not with propriety be introduced in the Legislature without the Royal conseut to such a step having,

previously been obtained. The principle and the object of the Bill warred against the poliey of Great Britain in all matters relating to trade and commerce with foreign nations ;

and we kaow not how it may militate against existing treatics |

between Great Britain and other couvtries. The privilege

to be granted by this Bill was not to be extended to all |

fureigners in general with whom Great Britain maintained

amicable relations; but only to the citizens of the United |

States. Why was it not to be extended to France, Spain,

and other friendly powers on the continent of Europe? It)

was going in the teeth of the Lwporial Parliament and Goverowent who bad ennulled differential duties. Should the Lill pass the Legislature here, be could not believe that it would be admitted by the Home Government. It was not, it seemed, a Government measure, or he would presume to recommend the Goverameut to sexd it bome ia order that it might be ascertained whether or not it was opposed to the nature of any existing treaties between Great Britaia aud any Other couutry. fer advan‘ages upon citizens of the United States; but he wished to know what advantages, in return, were to be derived from it, by the people of Prince E}ward Island.

did not clearly see what benefits to the Island would result |

anomalous position.

Hon. Mr. Patmer—He had not particularly studied the | was not all, for such capital would directly benefit the farmer, future wellare, I cannot but feel, at the same time, my utter Lill; but be had beard a good deal said about it; and he an! promote the iudustry of our young men, both as woods- inability to acknowledge them in language sufficiently strong was sati-fied that if it should be carricd into law, it would men and fishermen, That capital would be expended in the and appropriate. benefit the Colony. We knew that the Americans prosecuted | purchase of timber and provis-ons ; and although the build- | fishing to a great extent, and with very great success; and | ing of small vessels by American citizens might toa slight those courtesies aud indulgences, particularly the gracious : it was clear to bim that by allowing them to build fishing degree injuriously affect our Island shipbuilders, the bene fits condescensions which bave so very often been manifested | bring tue Bi'l before the House and to take charge of it, his crafts in the Island, and by granting them Fishing Licences which, in the fi:st place, would be experienced by our agri- towards me in my official capacity by bis Honor Dr. Young for such crafts, the people of the [sland would be made cultural population, would, through that population, ultimate- | as l’resident, together with the very flattering testimony participators, to very cousiderable extent, in the advantages ly benefit al! other classes in the Colony. The privilege ‘contained in your Honors’ Resolution, will be held by me in

most grateful remembrance to the close of my life.

which resulted to themselves from the prosecution of the fisheries in our waters and around our sbores. Masy of oar

thoroughly understood and practised the trade of catching | from year to year, until it should become a certain and

| : > | ‘ and curing fish, they wou'd become fully conversant and ex-| permanent source of gain and profit.

| would purchase nearly all their provisions for ready money |

pert in the business ; and besides these American fishermen

jrom our shore farmers, which undoubtedly would be a

lt was, he was aware, intended to con- |

|

great advantage, not ouly to such farmers, but to the whole

{-land. Then American fishermen would also purchase fish | withheld from it; and that, therefore, it would have been | ay from our shoremen, and, according to their general practice | advisable that, before its introduetion in the Legislature, it

pay for it in good round dollars; and thus our trade in fish would be considerably and very profitably increased. The

intention of the Bill was to make the advantages which | tion ei:her to the principle or the provisions of the Bill; and |

Lon. Mr. Hurcatyson—He saw no reason for any objec- tion to the Biil, except that, as it might be found to inter- |fere with existing treat‘es between Great Britain anJ other |eountries, the Royal allowance, should it pass here, might be

\should have been ascertained that the Home Government ,would sanction the measure. This, however, was po objec-

rdered, That the said communication be entered on the | Journal of the House.

_Bill intituled “an Act to amend the Act relating to’ | Judgments recovered in the Supreme Court of this Island, | and to amend an Act therein mentioned.” Hon. Mr. Foraan moved the second reading of this Bill ; | d, in doing so, his Honor explained that the object of the | Bill was to allow equitable estates against which judgments | shall have been obtained to be taken in execution as well as. | real estate. His Honor the Paesipenr—It has been a matter of doubt |

would result from its opera‘ion reciprocal ; and as he viewed | none, he thought, could justly be taken against either the! whether an equitable estate against which judgment shall : s

the matter, it was quite evident they would be so. Alshough there was, perhaps, not much large shipbuilding timber left

in the Island, there were still great quanticies suitable for|coantries. Trade, in the Is:and, was very flat. Something | entertain no doubt ; the building of small vessels; and American citizens, of

moderate means, who mizht not be ab!’e to build fishing ves-

sels in the States, owing to the much greater outlay which |

would attend it than would be caused by it here, would, in all probability, avail themselves of the advantages on that head, which, should the Bill become law, it would hold out tothem. In their own country, he believed, the expense of building such vessels would exceed by one-third what it would amount to here. The carrying of the Bill into law would certainly be the means of bringing into the [sland what was so much wanted in it, capital. He did not, however, expeet that it woul] be attended by very extensive beneficial results all atonce. Its beneficial progress would, at first, / doubtless be slow, und some years might be required before the reciprocal advantages which it was calculated to confer /upon the two countries, could, in any thing like fu'l measure, be realized. {t had been said, by bis Honor Col. Swabey,

that the Bill might be found to interfere with free trade |

privileges and national rights as now established by law,— that it might be supposed it would run counter to the now ruling principle of trade and national commercial intercourse by favoring one country more than another; but he (Hon. Mr. Palmer) did not sce that Great Britain herself submitted to be rigidly restricted by that ruling principle. The com-

mercial treaty lately entered into by her with France was |

a preof that she was not. From that treaty, France would certainly derive very great advantages; but Spain, another friendly power, might probably be iwjured by it. American registry was refused to our ships, that was no reason why the bill should be considered as impoliticly or unwiscly liberal. It would certainly, if acted upon, confer great advantages upon American citizens; but it would as certainly also be attended by great concurrent advantages to the people of Prince Edward Island. And again, although the Bill was, in principle, opposed to the existing Act res- pecting the registration of vessels, it could do no barm on that score. It would have a suspending clause ; and the sending of it hcme would amount to no more than saying to the Lmperial Government, this Bill, were it made law, would eerve us and injure no one: will you please to pass it? But should the British ministry fiud that it would be opposed to the nature or principle of any of their existing treaties with other Governments, their sanction of the measure could not be expected ; ani they would advise that the Royal allow- ance be withheld. He knew that, to some extent, it would militate against the immediate interests of the Island ship- builders; yet the allowing of American citizens to build fishing vessels in the [sland could not be very prejudicial to ihem ; and any disadvantages on that score would be greatly overbalanced by the great general advantages to the Uolony which wou'd arise from it. He had never been in favor cf protective measures : they were opposed to sound policy, and the spirit of the age was now most decidedly against them. Free trade iatercourse between two countries would always be productive of mutual advantages; and it would always especially benefit a new country when established between it and an older ove of greater extent, greater wealth, and, at the same time, in some respects, of greater requirements. It was true that the Canadians were complaining that all the anvantages arising from the treaty between them and the United States were on the side of the United States; and they, therefore, wished to retrace their steps. But that was nota rule by which the peop'e of Prince Eiward Island were to be governel. The advantages which, should the Bill become law, they would derive from it, we-e very obvious: its operation would promote industry, improve our fisheries; and, through the building of fishing vessels in the [siand, by American citizens, it would bring in capital. As their Honors had already taken one step in the direction to which ihe Bill tended—he meant the allowing of American citizens io hold real estate in the Island—he hoped they would fol- low up that step by passing the Vill. It bad passed the other Llouse, sustained by a large majority —20 to 5—the majority consistiag of members of each side of the House. The country members, seeing bow much it would benefit their own interests were its staunch advocates; and he hoped the majority of their Honors wou!d do the same, and that the opposition of his Honor Colonel Swabey would be in2f- fectual.

llon. Mr. Jomxsox took nearly the same wew of the Bill as that taken by the Hon. Mr. Palmer. He said: The days of short-sighted, narrow-minded protective policy were gone by ; aud the traly progressive and enlightened spirit of the times announced free and unshackled commercial intercourse between different countries to be the source of their improve- ment and wealth, and the complete extinguisher of national jealousies and rivalry. Besides affording most essential and desirable benefits to the citizens of United Siates engaged in the fishing busine-s, the Bill, as law, would materially, an to a great exteat, benefit the people of Prince Edward |-land. [: would inerease the value of their timber; enhance the price of their farm produce; and procure them a home market and ready money for both. It would also increase the demand for labor at good and well paid wages. For the fish caught by our shoremeu, it would, besides, provide a ready and good market. The American fishermen would readily purchase much of that fish; and, carrying it to Shediac in their own vessels, they, in their turn, would be able, almost immediately, to reconvert it into money, at a | considerable advance, by sending it directly by the railroad inland into the States.

tial distinctions. If the liberty or privilegé which, by the Lill, it wae proposed to give to citizens of the United States, had been intended for all foreigners alike, he would have agreed to it. So limited, so exclusively confined to one ‘eountry, it woud be very likely to create jealousies and lirritation on the part of those countries which were excluded from it. Between France and Great Britain, on account of ithe privileges asserted as her right, or sought to be obtained | by France, in the Newfoundland fisheries, there were already ‘grouads for a serious misunderstanding; and the partial ‘measure then under their Honors’ consideration was cal- eulated, should it become law, to enlarge those grounds in ‘the estimation of the French. Ile could not see that any benefits which were like!y to result to the Island from the adoption of the measure were sufficient to warrant the Legislature in running their heads against all precedent and

[le against the Royal Instructions concerning such measures.

Ilon. Mr. Watnen—Fle was in favor of the Bill.

conceded to American citizens might not indeed be taken

advantage of by them to any very great extent for a few |

young mea would be employed, during the fishing season, on | years; but as by degrees experience should demons:rate

board of their vessels; and by learging from a people who its advantages to them, they wou'd extend ther operations; Marcel %1, 186v.

Although

Hon, Col. Swapey—tHe was decidedly opposed to differen- |

‘one cr the other: for it was quite evident that its opera |tion could be productive of nothing but benefit to both

| was required to improve it; and the Bill, should it become ‘law, might have that effect.

| Hon, Mr. Bacyatt was of opivion that should the Bill ‘become law, nothing but good, reciprocal good, could result from it. The advantages offered by it to American citizens ‘might not, it was true, be fully embraced or fully appreciated /by them at first; but, in time, they would be able to form /a just estimate of them, and then they would, no doubt, with ‘much eagerness fully embrace them. The Americans gene- ‘rally gave good wages; and, should they engage in building vessels heie, many of our young mechanics would be em- ployed by them, and, not only regeive good wages, but under them, have very desirable opportunities to improve them- selves in their several trades. Altogether he thought the measure was a wise one; and, if carried into effect, it could vsearcely fail to arouse and qeicken our enterprise and energy.

The House was then resumed, and the Bil] reported greed to without amendment.

WILLS ACT,

On motion, the Wills Act was again submitted to the consideration of the whole House in Committee ; his Honor Mr. Palmer in the Chair.

fter some time, the House resumed, and his Honor Mr. Palmer reported that the Committee had gone through the Bill, and had made an amendment thereto. The Report was received and the said amendment was read as follows:

“ After the word ‘ thereof’ in the 12th line, insert the | following section :—

“That so much of the forty-sixth and forty-ninth clauses ‘of the said recited Act, as limits the application of Exe- * cutors, Admiuistrators, and Creditors to the term of three

“years to make application for Licence for sale of, or letting “of Real Estate (owards payment of debts, shall be, and the ‘* same is here repealed ; and that the said term shall be ex “tended, as to all future applications, to the period of six * years.”

The above amendment was moved ia blank as respects the term, by the Hon. Mr. Forgan ; and after it bad been con-

‘curred in xem. cor., on motion of His Honor the President the blauk was filled in with six years.

BILL, INTITULED ‘AN ACT TO AMEND THE LAW RELATING TO BILLS OF LADING.,’

Hon. Col. Swasry moved the seeond reading of this Bill; and in doing so said: The intention of the Bill, so far as he comprehended it, was giamly to increase contidence between parties with respect to mercantile transactions.

The motion having been sceonded, his Honor the President

. more fully explained the object of the Bill, as follows :—

As the law at present stands, with respect to Bills of Lading, and by the custom of merchants, a Bill of Lading of Goods being transferable by endorsement, the property in the gcods ! may, thereby, pass to the endorsec; but, nevertheless, all rights in respect of the Contract contained in the Bill of Lading continue in the original shipper or owner. Now, the object of this Bill is in the first place to cause such rights to pass with the property. And, again, as it freqnently happens that the goods, in respect of which Bills of Lading , urport to be signed, have not been laden oa board, it seems to be proper that such Bills of Lading in the hands of a bona fide holder for value should not be questioned by the Master, or other person signing the same, on the ground of the goods not having been laden for board, it is intended to be enacted by the Bill,—First, that every consignee of goods named io a Bill of Lading, and every endorsee of a Bill of Lading to whom the property in the goods therein mention- ed shaJl pass upon, or by reason of such consignment or en- | dorsement, shall have transferred to and vested in him all! rights of suit, and be subject to the same Jiabilites, in respect of such goods, as if the Contract, contained in the Bill of Lading, had been made with himself. In the second place, | ‘the Bill provides that nothing therein contained shall preju- dice or affect any right of stoppage in transiter, or any right to claim freight against the original shipper or any liability of the cousignee or endorsee, by reason, or in consequence of his being such consignee or endorsee, or of his receipt of the goods, by reason or in consequence of such consignment or endorsement. And, in the third and last place, it provides that every Bill of Lading in the hands of a consignee or

endorsee, for valuable consideration, representing goods to |

have been shipped on board a vessel, shall be conclusive evidence of such shipment, as against the master, or other /person siguing the same, notwithstanding that such goods or some part thereof may not have been so shipped unless such |ho'der of the Bill of Liading shall have had actual notice at

the time of receiving the same that the goods had not been |

in fact laden on board; provided, however, that the master or other person so signing may exoncrate bimself in respect of such misrepresentation, by shewing that it was caused |without any default on his part, and wholly by the fraud of the sh’pper, or of the holder, or some person under whom the holder claims.

The House then went into Committee on the said Bill. His MTonor Col. Swabey in the Chair, ;

After some time spent therein the House was resumed, and his Honor Col. Swabey reported tho Bill agreed to with- out any amendment.

j

Tuurspay, March 22, 1860, COMMUNICATION PROM CHARLES DESBRISAY, ESQ.

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His Honor the Prestpent read the following communica-

ticn from Charles Desbrisay, Esq., late Clerk of this House :

| To the Honourable the Legislative Council of Prince Edward Island, May it please Your Honors:

In retiring from the office of Clerk of Your Honourable [louse, an appointment which I have held for nine years,— having fulfilied the duties of Assistant Clerk thereof for the previous sixteen years,—it is natural fur me to reflect upon the incideuts which have characterized the direct intercourse and close connection which have, during that period, sub- sisted between your Honors and myself; and whilst that reflection brings most forcibly to my mind the pleasing re- membrance of the many courtesies and indulgences which have been extended to me by your Lonors, and whilst 1 am

most deeply impressed with a due sense of these cbiigations, and in an especial manner with the very flattering testimony

If in | which it has pleased your Ilonors, by resolution, to bear to ber uf the Mouse deputed for that purpose by the parties re- from it; but be did see that it would place us in a very ‘operation, it would undoubtedly bring capital into the Island, the efficiency of my services as Clerk of the Council, accom- quiring the passage of the Bill. I think that with reference to ‘than which pothing was more wauted in the Island; but that panied by your Hosors’ best wishes fur my present and | ‘t's Bull, this Board have not been treated by the parties who

Permit me then, in all sincerity, to assure your Honors that

1 have the bonor to be, your Honors’ Most grate‘ul and obed't servant, Cuantrs Desertsay,

~ been the case; and we are consequently left in ignorance as

_bave been obtatned can be taken in execution as well as. real estate under judgment. On the question I, however, | because it appears to me quite plain | that if equitable estate is liable tu judgment it must also be | liable to be taken in execution. The Bill is a good one, | because it will remove such doubts; and because although | some say it is not required, others say it is. Hon. Col. Swaney—His Honor deserves very great | |eredit, beeause he, as a lawyer, freely gives consent to a! | Bill che object of which is to recaove doubts. Itwould seem | | when our lawyers argue in this way that our bar is approach- | ing a state of perfection. __ The Bill was then committed to a Committee of the whole House, his Honor Mr. Forgan in the Chair. | Alter some time the House was resumed, and the Bill re- ported agreed to without amendment,

The Report was received, and it was

Ordered, That the Bill be read the third time to-morrow.

Futvay, March 23, 1860.

CHURCH WARDENS AND VESTRIES BILL.

Hon. Mr. Horcntson moved the second reading of this | Bill; and in doing so he briefly explained that the object of the Bill was to repeal the first clause of the ** Act to en- ‘able the several congregations of the Church of Kogland ia this Island to choose Church Wardens and Vestries,” and | whieh requires the appcintment of said officers to take place ‘annually on Whit Tuesday, so far as it regards the time of holding the annual Parish Meetings for the choosing of those officers, by causing the same to be changed from Whit Tues- day to Easter Monday in every year. | His Honor the Presrpenr—Can your Honor state whether | the change proposed by the Bill is generally required by the ‘Church Wardens and Vestries aud the congregations whom

it concerns? Before any such measure is entertained by this House it is usual to require that it shall be preceded by a petition praying for it, from the parties generally whom | it immediately concerns, or whom it will immediately affect. | Hon, Mr. Hurcutnson—{ have not been formally in- structed or requested to move in this matter by any of the parties immediately concerned therein; but I have made enquiry as to the reason for seeking the change, and I have been informed that as respects St. Paul's Church in Char- lottetown, the chief reason for wishing the day for holding \the annual Parish Meeting for choosing Church Wardens and Vestries to be changed from Whit Tuesday to Easter | Monday is, that it occasiona!ly happened that at Whitsun- | tide some of the leading and more active members of the | Church, being in attendance at the sitting of the Supreme |

‘Court at St. Eleanor’s, were consequently prevented from |

| attending the annual Parish Meeting held on Whit Tuesday ; | siomaey-power should be-cilewed

and that as respects other parishes, it wi!l generally Le more |

for the convenience of the respective congregations that the) _day for holding the annual Parish Meetings be Easter Mon- | day rather than Whit Tuesday.

England ia this Council—I myself am one, and [I trust «|

sought to be effected by means of this Bill have thought it |

proper to consult, advise, or instruct any one of us in any |

way concerning it. No petition from the partics concerned bas been presented to this House praying for the change |

which the Bill is intended to make, and setting forth the |

reasous why such change should be made, as ought to have

to whether the measure is projected atthe instance of a ,single individual or that of the whole corporation of the Church of England in this Island.

| Hon. Mr. Hurcuinson—Be that as it may, the Bill can do no harm.

Hon. Col. Swasey—If unsupported and uncalled for by petition from the parties who have an immediate interest in the proposed measure, we allow the Bill to be read a second time, we shall be departing from a very wholesome rule of | the House, which interdicts our entertaining any measure of | this kind unless it shall have been duly prayed for by peti- | | tioa to the House.

_ Hon. Mr. Jonxson—It appears from the explanation | which has been given by his Honor Mr. Hutchinson, that it | is material to the interests of the congregation of St. Paul’s | Church that certain individuals, leading or active members thereof, should attend the annua! meeting for the choosing of Church Wardens and Vestries; and that it had occasion- _ally happened that professional engagements had prevented ‘their doing so since it bad been the practice to hold their annual meetings for the choosing of Church Wardens and Vestrieson Whit Tuesday; and that it would agaia so

| Hon. Col. Swaszy—It is really very extraordinary that | although there are three or four members of the Chyrch of |

consistent one—none of the parties desiring the change |

happen unless the day of holding such meetings be changed from Whit Tuesday to Easter Monday. I therefore think | it quie just and reasonable that on these grounds the Bill | should become law. _ His Honor the Prestpent—It must be borne in mind that | the Bill if it become law will affect, equally with the con- | gregation of St. Paul's ia Charlottetown, every other con- | | gregation of the Church of England throughout the Island. |

| lon. Col. Swaney—We know not what is the general | wish of the congregation of the Church of England through- out the Island; and this measure, for all that we know) about it, may have originated in the solitary action of one | individual. At all events it is quite clear that however it | | has originated the outside promoters of it have left it to be | brought under notice aed consideration in a way which is | | very disrespectful to the House. I therefore move that his | Hlonor Mr. Hutchinson have leave to withdraw his motion. |

Ilon. Mr. Patmer—I am not prepared to give the House | any particular information upon the subject, further than | that the Bill originated from a petition praying for the | change which it will effect if it become law. Sisce the Bill ‘came before this Llouse L have referred to that petition ; ,but I find it does not enter into or particularly assign | ‘reasons why the change which it prays for should be made. His Honur tae PaesipEnr—There is no petition of the kind before us; and bya ru'e of this Lluuse, the 37th, we are | therefore withheld from taking up this Bill. The rule is this: | '* That no Bill, Resolution, .or other proceeding, founded on any application addressed to the louse of Assembly, be sus- | tamed by the Council uniess an application to the same effect, | with such documents as may accompany the same, be also pre- | ‘sented to the Council in General Assembly.’’ | Lon. Col. Swarey—I do not remember that this House has | | ever entertained a measure of this kind unless they were moved | thereto by petition, or called upon to entertain by some meim-

have originally moved in this matter with that respect and con- sideration to which they are entitled ; and I wish it to go forth that such is the opinion here entertained of their neglect of the usual respectful modes of calling the attention of this House tu such matters. Had his Honor Mr. Palmer, a member of the congregation of St. Paul’s, risen and said he was deputed te

having done so would have puta very different face upon the business, and there would then have been little or no occasion to object to the House’s entering upon it because they had not been respectfully called upon by petition to do so. I have, however, no objection to the measure, and it shall receive no- thing like factious Opposition from me.

Hon. Mr. Patwen--The petition, sir, with which | have been made acqruinted, states that the holding of the enuuc!

meetings of the several congregations of the Church of Eng-

land in this Island to choose Church Wardens and Vi s'ries on

Whit Tuesday, 18 attended with much inconvenience to the congregations generaily, in consequence of .ts frequent occur- rence at a bney season of the year when agriculiurists cannot conveniently attend; and prays, therefore, that the day of holding such annual meetings may be changed from Wht Vuesday to Easter Monday in every year. ‘To the petition are added the signatures of the Rev, J. H. Read, Rev. D. Firz- gerald, Rev. If. B. Swabey, Rev. W, Meek, Rev. Rubert ‘I’. Roach, Rev. D. B. Parmer, and Rev. J. 8. Snauth.

Hon. Mr. Hutcuixson—I think the Vestries thro ghout the Island should be allowed an opportunity to express their opinions respecting the proposed change before we take up the Bill. It may be very well for the congregation of Sr. — ain erat but their convenence should not be made to rule all the othe 2 Soetead ie thd eked. © congregations of the Church of

Hon. Cul. Swatev—No good or valid reasons have as yet been adduced to us or laid before us to show that we ought to Proceed with this Bill. Indeed the conirary is the case ; fur

| 90 pains whatever have been taken by the parties outside who

desired the passage of the Bill, to show or prove to this House that there exists any real necessity for iis enactment. They have been strangely remiss in their duty on thls head ; and wholly neglectful of the respect which, in looking fur our fur- therance of their views, they ought to have manifested to thia House. [ wou!d, however, be very sorry to do any thing that would be likely to defeat the Bill; but | wish to know what are the wishes of the Vestries and congregations ge erally with reference to the measure, and who the parties are whu urged its adoption by the Legislature. 1, therefore, move that his Honor Mr. Hutchinson have leave to withdraw his motion.

_ His Honor the Paesieent—Uis Honor's object, | presume, is to allow an opportunity to the parties desiring the passage of the Bill, to petition this House for our agreement to it. Hon. Col. Swapry—Yes. His Honor the Parstoent then put the question on the motion of the Hon. Col. Swabey, which was unanimously

agreed to; and the Hom. Mr. Hutchinson's motion was ac cordingly withdrawn,

BILL INTITULED “AN ACT FOR THE PROTECTION OF THE SALMON FisHeRy.’

This Bill was by consent of the whole House recommitted to allow the Hor. Mr. Bagnall an Opportunity to move an am- amendment which he wished to see made in the penal clause for the reduction of the fine, £5, thereby imposed for every infraction of the Act. His Honor Mr. Walker in the Chair.

The Bill provides that no salmon shal! be taken or caught on the coasts of the Island, nor in any of the bays, rivers, or har- bors, or in any fresh water stream thercof, after the 3st day of August in any year, nor between sunset on any Saturday night and sunrise on the following Monday morning, nor atany place at any time, by spearing, nets.or seines, between the 31st day of August and the Ist day of April ensuing. And che pecuni- ary infraction of the law,as it stood in the Bull when it wae sent up to the Council fur their concurrence by the {cuse of Assembly, was £5.

Hon. Mr. Hutcuinson moved that the third or penal clanse be amended thus: the pecuniary penalty not to be less than ten shillings or to exceed five pounds.

Hon. Mr. BaGNact seconded this motion.

His Honor the Paesipentr—Five pounds [ think is too high a fine; but { do not think that its reduction ehould be left to the discretion of the mag s rate. Let us, if your Honors thisk it right to do so, reduce the fine, but let it be a positive one.

Hon. Col. Swaser—A fine of £5 is certainly too high a one. It ought | think to be reduced; but I agree that as re- spects the imposition of pecuniary fines no latitude or disere- \ mayistrates except in cases of assauit, in which, as we all know, there be many different degrees of aggravation. fiere we are legislating respecting a positive offence, and the fine aught to he a positive one.

Hon. Mr. Patwza—If we allow that the amount of the fine may be reduced at the discretion of the magistrate, we shail, in-many cases, endanger the efficacy of the Act; for magis- trates of an easy mature would frequently be so Wrought upon by the representations and entreatiec of offenders or their friends as to be induced to reduce the amount of the fine to a mere nominal sum. ‘The Act ought tobe effectual. {t is well known how ecarce salmon now are iu many places in which, formerly, they were in the greatest plenty, owing to the pre- valent practice of taking them in the wrong seasou. ‘The fine must be such as will deter individuals from committing the offence for which it is to be inflicted as a punishment. I wish to see the law something in deed as well as in name.

Hon. Mr. Hurcmixson argued that a discretionary power ought to be given to a magistrate so that he might be able to make a distinction between a very poor man and a rich one : and also between one who made a trade of the offence, and one who offended accidentally or in ignorance. A fine of five ee ene oe: pty man might frequently press more

eavily upon him thana fine of five pounds would upon a rich a tte pve P pom a ric Hon. Mr. Fae I am of opinion that it will be best

to adhere to the penal sun of £5 as it now stands in the Bull. Five pounds would, undoubtedly, be a heavy fine to impos? upon @ poor man; but our laws ought to be effective, and in all cases in which pecuniary fines are to be unposed for the breach of them the amounts of these fines severally should be such as would, in general, deter individuals from the commis- sion of such breaches. Leta poor man actually be fined £5 fur the catching or taking of salmon out of season, end it would in all probability, prove an effcc'ual check te the inju- rious practice,