HASZARD'S GAZETTE. APRIL 15.

‘Cull 03 asslllu, Tncasaur. larch 23. {_ __l‘Il‘!'l'II_I,I_ POI 13111’. 3 ‘ oad,oa's‘od DoI_a_t_o.) _ Committee ‘on Is. Gen-‘s ltt.i., hllfllii.“ An Act in fiirtltor amendment of the F‘ to 3 for Rent :"—Hon. Mr.

, _ _ ‘tic the Chair. I 3 Aca1»I_._ Tbs details of the Bill

sin. hat one vrord. in the way of expls. Zifl. is scarcely necessary. The Act which it is intended to amend. rovidos that the live stock shall not . distrained rid sold for rs o rent, at certain seasons o ,; nhuaakssegs, itila tbsthtbo sole of ~ can raro y s to wit out loss in ‘But it ;as conferring only a questionable I upon snaata, to provost the sale f .1". iannsur , wiritll, ‘Hill suns limo. tho fodder necessary for the na'n_tc_ cf‘siicb stock could be distraincd and ‘ ,asit l_tsd boon found it could. The object ' 3| l to to secure to T_snants tlto food neces- _firy_ to hop their cattle alive lhrttngh the pint" _ , ; a such an enactment having been found absolutely necessary for the protection of Tenants liable to an their stock or f tler diatraiiisil for .: orrssrsof rest. I am satisfied there will be opppmittfin tip”: mounts 64; f;as‘i_ble and so just. ' - on. r. iisurt. t e asib'l‘i ' t‘ . ' and of Ill! lI|IIIIlI‘O.fl9llGfOltI3IylI,J'l’):|cll°0 1 t|o_csIion; ll oea not go at enough. It is ‘II ,_ ' to protect the grain of the Jllnntaaso protect his hay and straw, for the sup ort of.liis cattle in the winter months. li is ‘knoll’, known that frequently. unless he were in psrtto food. with grain, a tenant would be unable to keep his stock alive through the winter. Mr. In-—'Aa I set forth the necessity of such I rnsasure, and explained its object, at the time I Introduced _|_ll9‘3lll there is not tnuch occasion for_my_ now saying any thing more in recommen- dation-of the measure. in fact little. it‘ any thing. more can be said In support of it; the necessity ,fnr_soch an enaettviont, and its propriety being so obvious to all. To prevent the sale ofdistratitrd live stock. at a_time when it can not command a _ rice equal to its value, and to reserve it for sale I'I summer. when it tnay reasonably be expected to command a price, if not fully, yet much more nearly commensurate with its re;.l value, than it -would bring if sold in wintcr,.is unquestionably a very reasonable and just law, if so framed that its protective pmvisioiis cannot be evaded. But. its ‘the law which is intended to afford such protection ‘to t is tenant‘, contains no provision for the pro- tection of his fdder do i ih ' t l , it is quite clear "that it isrtgilifc l,n:ldlenqtei|atbmi«la“ii'- ford tIie.protec‘t'ion iptelndsd ; tor, as has been seen, a grasping an un ee ing agent or landlord citn, in spite of that law deprive ti poor tenant oftlie fodder necessary fo’r the feeding of his stock in winter; and, b so doing. deprive him of his stock too; for, having nothing upon which to kepp his stock alive, he wotild be obliged, ifds- prived ofihe fodder, to submit to the sale of the stockalso, by whatever sacrifice the sale of it, in winter, might be attended. The necessity, therefore. for the amendment of the law which flit Bill is intended to cflbct, must, I am sure, be mined by all. _lllr. Moort:r.—'l'his Bill is an amendment to a Dill passed in the year 1843, brought in by the late Hon. John Small Macdniiald. The measure wrought very well until last_ year, when a gentle- ::::' .:°t..::..‘:‘::."";i.-..':'2:.:.';".t.°'- “°:t't cre w s a flaw in the Act, slid to show how easily its pro- tective provisioo_s might be cvsded, by ‘any agent or_laridlord as unfeelittg and cruel as himself, he set upon an sold, in winter, the fodder necessary for the lies lng of the cattle of a poor tenant, and _so, by eprivlng him ofihe fodder, compelled him to part with the cattle also, at a tuna sihsritltsy could‘ not be sold for their full VIll:IO,k Thilsdmostfarllcprarér and cruel act came tot ti notve gs o r. oil; and it has, very properly caused him to seek an amsndmet i fthe Act by’ the _introduciion of the pI'eO0llloBlll. Since the passing ofihe Act, no other instance of the kind, however, has occurred. llive near a %|¢||.dl:l’IlI who, thpubggli not the very best in the s n in never, ieve, even dreamed of doing tho like. This Bill will however, l trust, be made proof against the son,s of Blackstone, before the hon. the Speaker puts his hand to it : if not, gt will bcfonnd tltat it would have been better to cave the Act as it was. r. Gorr.—I am glad to be able to state, for gas ltopio; land‘ t!l:dill tglthe landlords of Prince war santat ' th’t Ildd to bytbs hoti. ‘member, bII°f'..t‘1:)lIl:.y,"l.:°ll.IO|l)tt'ly one ofihe kind that has occurred in this olony. s vvlio,_in so cruel a manner. took advantage of I difect in the law, is now, however, l understand, 38'9" Pmpflvlor: and, as, in that capacity, a great niche; of poor tenants will. to a certain extent, at is the ‘t bcho ih‘ H . I think. were it 0flly.TI;’Il(I|l0lpIl'lfl'lI sauit w"e‘l:., to rsvsnt such opprsssivo acts as he has shswn imself to be capable of. f Mr._ Yno_.—|"l”hebmeasurc ishundnubtedly called or since it as een seen t at it is ssibl i Ind ac.~lndividoal..l:aving the power of Pnnlandllorll ovesisoaots cs s of committing so cruel and unmsoly alibctpds that to w ic hon. members ll!VO_jtJII rsforrsd. The llill shall have my cot- dtll support: and l hope it will be made.» per- f::t"a‘s to lfipve no loop-hole, by means of which a an in vldiial as he i wt in ll i ltis just been toads," can break“ thrltilughl trdltilmtiiit siminr act's of tinfceltng oppression. on. Mr..;Vlirst.sit.--lt is almost quite as neces- ||l!,."'¢°" I qtiitsas just--in'proteci the tenant's thrashstbor Bnlllvlbhlltl: as it is to protect 3! |!,Il| Jlfltll-. Indeed I cannot conceive a aiilglo good reason for refusing to include grain, thrashed or unlhrashed, in the protective clause of the Bill, If the iei_iast’s grain be protected o_ in ihe‘shcaf,ntr in its onihrashsd state. he pvt bo.a‘_fr:rrd-to lb , It ltpar, lost. when no longer tithe s . it they be trained and sold; and so amgraiaod, by fear, front shrsshlsg out any‘ cos- sids ls quantity.-of his grain, be and his family " offer ntticb, serious insonvesisscs ; for it is ouifdl} not to lie fgrgotisn that, although grain rainy‘ itf!f‘dlwa b V required for tits feeding, esttlo,~yUt it lsliid_ spensably necessary as a da artb‘.ovofTonc fiir ills sneiqirartce of the farmer

~75.

scarcely be able to flnd any person willingto be his security for the forthcoming of the in in the summer. tid. again, if another 0 tacle, and that needlessly too, were to be thrown in

way of the landlord's distrslning for. and securing payment of rent in arrear, it would be very apt. in msny instances, to render him less iridul out to the tenanb than he would .other- wise , and cause him to anticipate and defeat the protective interposition of the law.

r. YIto.—Uulcss it is intended that the Bill sbnll ltiflict on injury, under the guise of a bcueflt, upon the tenant, it will be allowed to romfiin as it has been brought in.

on. Mr. Macai:t.ar.—Unthrns_lted straw means grain in straw, and, as the Bill pro sea t protectiois of the vitttltrua stress 0 e

tenant, it will, in that shape, itflbrd all the pro- tection for his grain which, in reason and jus- tice, he can require. Few tenants thrash out much in in winter; and, with respect to tenants unfortunately in arrears with their lnndlords. the non-exemption of thrashed grain from tho protection proposed to be afforded_ to unthrashed straw or groin, will not occasion them any loss or inconvenience. The Bill, in its present shops, is suficiently well calculated to nflord them protection ngainat loss, during the winter months. from any harshness on'the part of their landlords from which they might otherwise sufl'er by the sale of their live stock or fodder in winter.

0 . r. Wiilt..t.\'.-—I have no desire to crtinip or hamper the Bill; but I wish to save the tenant's outs, barley, rind wbeitt, to be used _by him, during the winter months, as necessity mny re uire, either in the feeding of his stock, or for t ie sustenance ofliiuiselfuiid fuuiily.

Him. the Arrottxi-:i' GE.\'Ell.lL.-—1l0D- melulleffi have suid it good deal about straw, thrashed or unthrashed; but, it n tperirs to mo. that some on the other side of t to House, for party pur- poses, and to create, it‘ possible, it rcjudtce, in the minds of the public, against t ose, on this side of the House, to whom they stnrid opposed. are ulwoys glad to find some obstacle, own iftt be merely it straw, to throw in the way of every popular tneustire, not cuizinttting frotn_thc_ui- selves; with n view, either to cause its re_i_cctio.n by the llouec, or else, by introducing into it some needless, injurious, or im ructicable pro- vision, to render it inefficient. ftiuy measure, which they may ttpprcheiid will be pcculittrly acceptable to the tenttntry,—o.s, for instance. the prcsent,—pt-occc-ils from this side of the House, they itiiincdiittcly insist upon some croiclict, to get up or irotokc u ipoaition from us ; tltttt, tlicreby, il' the llill be lost, tlicy inny be able to represent their opponents its opposed to the lending principle of" the Bill, nltliougli actually so sincorc in their advocacy of it, us not to consent to tiny thing likely to reveiit its being carried into operation. The ill, in its present shit}-e, will remedy it defect, inttdvert- cntly overlooked in tho ptissiiig of‘ the Act of 1843. In the exempting of cattle, distrnined for rent, from sale between the 1st day of‘ Decem- ber, in any year, and the 1st day of Jpnc, in the next ensuing year, it wits, no doubt, intend- ed to exempt u so what would be required to sustain them during that period; but it has been found that, its the exemption ‘of fodder is not expressly made in the Act, it is still liable to seizure and sale. as before the possin of the Act : and, to remedy this defect, the Bil before the Committee hits very properly been brought in. If‘ the suggested amendment, however,_be adopted, not oxil will the Bill be thereby dis- tortcd, but it will: elsewherenbc lost, on with good reason. But the majority of the House

' , I trust. be found to hitvo so much real regard for the interests of the former, as to reject the proposed amendment; and to carry out the benefit, small though it may be, vvliic i the Bill, as brought in, is calculated to confer upon the tertuntry. The idea. iiiiplie in the pro amendment. of dietroining all the grainitud locking it up from the begiiining of De- cember to the beginning ofdune, is quite pre- posterous. If we say that straw, thrashed or untlirnehed, shall be exempt from seizure and sole, during that period, we leave till the tcnonl‘s groin at his own disposal for that time; and he may use or sell if, as his wants or con- venience may require him to do.

Mr. llriuit.—lt would lie the inflicting nfa posi- tive and very serious evil tipoii the farmer to cause his grain to be locked tip till the spring of the

ear. . y Hon. Mr. Wiittuirt.-—lf the reasoning of hon. members can be made to appl to rain. it will apply to hay and attaw as we I. nexempliiig hay and straw. as well as cattle, from sale, at the suit ofihe lsiidlord, during certain months of the year, and taking into account the security vvhicli must be given, on behalf of the tenant, for the forthcoming of the stock at the expiration of the period of exemption fiom sale, it may as well be said that the securities are bound to produce the wliole oftlic hay and straw, to-_ietlier with as the cattle as in :.sserI lliat they would be bound to pro- duce all the grain. It is clear that as the Bill provi- des for the protection of the hay and straw for the feeding of the stock, it contemplates their con- siimptiun by the stock, Ifld,‘CfIIII9q|l8lllly it cannot be expected that any tnore than very small pur- tions of them, if any at all, will remain, at the ex- piration of the period of protection. My object in wishing to have ihruslie grain included, is, as l have already said, to afford the tenant an oppor- tunity to use it freely, either in the feeding ct‘ his cattle, or ‘for the sustenance of liiruselfand family; aii.l, if it be so inclutlctl, neither he nor his accu- rities uill he required to produce any more of it, at the expiration of ilic period of exemption from stile, on account of arrears of rent, llian what the necessities of the farmer. ltis family, and his stock may have left iinconsumed. To agree to protect the hay and straw for the feeding of the stock; and, at the same iitnc, to refuse to extend the protection to grain, the food of man, is, apparently, to bcninre anxious to save the lives of the far- rncr's sheep, cows, and horses, than those of his children. If my amendment be not adopied,and the Bill pass tritlaout it, the benefit which it will confer upon the farmer will be very small indred.

on. Mr. .\lt)N1'GOMlRY--—ll was certainly an emission in the original Bill to provide that the stock should not be sold, vvitliiti a certain eriod, whilst. at the same time, llfilltl not provide or tltc rotectiivn of the hay and straw necessary for the

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for the some period that the Bill proposes it shall be so exempt in tho straw _or the sheaf. 'l‘lie grain. we all lrasis. must be thrashed out. both for home consumption, in the drops ‘broad, bytbe farrnsr and his family. as well as sometimes to be used in the feeding of his stock. and also for sale, in order to enable him to procisro certain necessa arics for himself and family, which are notin- mediaiely prodsced by his labor upon his farm. If we allow the thrashed grain to beseised. we may just as well allow the hay and straw lobe seine also; for. unless the grain, ltoth in its thrashed and untlirashcd stats, be protected for the use of the farther. his family and his stock. in whatsoever shape he may require it, or in whatever way he may find it riecessarv to use or dispose of it. the law will aflbrd him but little or no protection against the liarshncns and severity of arbitrary and imfoeliiis agents and la'adIords. lt sp are to me that the amendment onl carries out t e intention of the original Bill. rider the one now in consideration, the grain, so long as it shall remain in the straw, will beaafo from sale under distraint ; but the moment it shall be thrash- ed out it will become liable to distraint and sale. I hope hon. members will see the necessity of adopting the amendment, if it bcevcn only thereby to render the measure just and reasonable.

Mr. Gori-*.—l should not like that ilie passage of the Bill through the Legislature should be risked by this House's agreeing to the amend- ment. Indeed if the lion. rncniber persist in timing his amendment, l will move annilier, tn the effect that landlords be for ever excluded from the recovery of their rents by any legal process whatsoever.

Mr. ll. Hsviutrto.-—The Bill is a necessary amendment of the Law paasetl iii I843, to prevent ltorses or cattle, distraiucd for rent between the first day of December and the first day of June, from being sold within that time. This Law, in providing that such stock, when so distniined should not be sold before ilie summer. contempla- ted the leaving ofihe hay. and straw, thrashed and ulllllfillltetl, on the premises for the foddering of such stock: but, as it did not provide that bay and straw, not so required to be left upon the premises for the foddering of tlistrnined horses or cattle, sliotilil not be distraint-d and also sold willi- in that period. an agent, who happened to be a lawyer also, had found that, by tlistraitting the hay and straw, but not the horses or cattle of a tenant, and causing the immediate sale thereof, the law fortlie protection of the tenant against loss by the sale of his live stock in winter could lie effectually evaded, and he hail taken advantage of his discoverv of the law's verbal defect to violate its spirit The Bill now before its proviilee is remedy for the evil, by expressly piuviillntz for an exemption, as respects hay and straw, which is merely implied by tbc‘Act ; ‘and no further amend- ment is required. There is itot the least occasion to provide for the exemption of the grain in any other way than the Bill now provides for it; that is as unthrashed straw. To adopt the iiincndtitettt proposed by the lion. member_ for the Third ' irict ofKing’s County (Hon. Mr. Wjiclan) uould be strained and extravagant legislation.

Mr. DavtI:s.—Tlte hon. and learned member appears to me to be strangely inconsistent. He is quite willing, he says, that grain in straw shall be exempted from sale or protected for the use of the farmer. lfso, why then does he object to its being, in like manner, exempted and protected for the use ofihe farmer, when it is thrashed out?

r. MOONIY.--If the Bill pass as it now stands, what boon will it c pen the tonantry? None. lt'is nothing but it Bill of Straw. The wording of the Bill seems strange to me. " Straw, thrash- od or utitlirashed." 1 never call_'tt straw until it is thrashed. The learned Attorney General has asked me whatl would call it The answer i shall give to his question will be putting another. What would the Attorney General call it! I have been twenty-two years in this House, and during that period.l have never heard a man say. “ l had 400 stocks of straw on this field.” Such language is foreign to the people oftliis Colony. We gette- riilly call it grain before it is thrashed; and, when tliraslietl, it is known by the people as straw ; but not ore. ow, when we have this Straw Bill before us. let us know what straw is, lest some sort of Blackstone may, hereafter, call straw, wheat. I will support the Bill, how little ttdvan- tagc aoever my constituents may derive from it. But it does not satisfy me that we shall legislate for the preservation of horses and cows,and remain silent or manifest indiflsrence as respects the pre- servation of the owners of the cattle. Let the landlord take the horses, cows, and even the sheep —wiihtlte wool of which the poor man has to clothe his children. Let all these be taken. But let us save the bread of the tenant from being snatched away by the landlord. What are a man's cattle in comparison with his children l Sooner would I be without one four-footed beast, than hear one of my children cry for hunger. 'I‘lie hon. member who has brought in this Bill (Mr. Goff) declares that, beyond what it express- es, he will not go between landlord and tenant; and that if the minority presume to meddle wit his llill, be will immediately bring in a Bill to do away with landlordism altogether. What a sweep- ing measure this must be in the opinion of the lion. member Mr. Gofl'l ltahould have emanated from the Government. The Bill of Straw is, in- deed, a very important measure. Let the Govern- ment fatlier it; and let their political existence depend upon it. Besides. this House should ltave a pledge from some ‘members of the Government that they will not memorialize Hot gracious Ma- jesty to withhold her asssnt from it, as they have done with respect to tlis Franchise llill, the Stziall Debts Bill. and the Free Education Hill.

’ Mr. ousit.-—lf otis land-agent deprived is ten- ant of tits bay and straw necessary for the feeding of lils cattle in wint r, tlie' act is a solitary one. I freely and cheerful y gave my consent to the law which enables a teiisnt to keep, until June, any hm... or cgule which may be disirained for arrests of rent after the end of Novembsll Illtl in doing so. I presumed, as I believe the whole House did, that provision was made by the Bill to prevent the tenant from being deprived of the hay and straw necessary for the feeding of Iiis_catt|e during the winter months. Th! Pt"l¢¢ll°|1»l"““' ever, it appears was not so complete as it was intended lobes; sod one agent has been found acuto enough to discover tlis defect in the law, and, at tile same time, koon onottrtli W “F0 Ill- vantsgo of it. But he has had notmitatorstn that

gnd.hls.fstnllv.~ I tttevsfuro‘ riiovtfthst the words. ceiling of the Mock. In such can, if aware that respect; and neither would he, lbe|I_v\'°. ware filo '0 oral»-QB in.” be inosrtnd shot the words. the fodder might be solved and sold. how could Act to remain in its present defective stats; for “ sfrstv. . srrsstlivnahsd," asofton as they any mart be lotsntl to give seeoiity for tho ssfs there is not it more liberal set of man to he found ¢¢s'r" . kqepigg and forthcoming of tho stock? The only any where, than the landlords and loitd-s onto of

r‘."‘IV ' .i—Itil lilynpprovoof Bill. dd"oct observable in the Act, wo-tldbsrotuedied Prints Ei--til-i--II. In I! “P“"! HIM- II Ks Delft ‘d that are Act of 1843 msfw by the passing of the Hill before the Committee, IRON. 1 ll!" 5000 "0 l''‘5''"'‘‘‘°° l‘“l""' l ""

-"kstIs!db'tidm’stit ro]tlt'issd'b tlils'Bill' exacilyas it sto lfibe protection should as aftsid,fo the goodof some of tltoienautsihetnr ‘f jg’ into] [ 0 I ‘l I‘ pgopoggd b. gugndgd |o thnghed u|'|i|| I lhink i] I CC» SIN ill‘ ’III' I III Oil W make IIVI. slit val; radii 1.9‘ .;.'e-.-. , tA't. would hive a very injiifions cflbct. "firm is rsluiziirs-forriat. ovins.||>eim.tollioln|°r- Prctssslsaas tat: bl‘ Tlifvhdfl, tits sunrise in the law or Ills merit tittt to remit fstsncs oftin but msttibsr vhv wentlboutlmonsll gg ‘pi ‘“‘ ‘:."- .1... b hardy the ssmlsg otsll the grain in the stash ore the them advising them riiitto pay their rents.