SMALL DEBT COURTS. Details of the Magistracy—Plan of Improvement.

To run Eni'roa or was COLONIAL HERALD.

Sm;—It appears that a Circular has lately been addressed to the Commissioners of the Small Debt Courts throughout the Island, calling upon them to give in a detailed account oftheir fees, for the last year, in order, evidently, to pacer- taiu the aggregate amount ofthoprofits arising from their ofii- ces. What the intention ofthe procedure may be, I am not exactly aware; but one would naturally suppose, on the first blush ofthe thing, that it bad in View the remodelling of the present Act, and establishing some better mode of enabling creditors to recover their debts. There are very few insti- tutions in this world that can boast of perfection, and pro- cious few ofthe statutes, of even the most enlightened logis- latures, that can bear tho test ofrigid examination; and that the Act in question may possmly admit of improvement, 1 shall not attempt to deny; but then, in making this improve- ment, the most cautious deliberation will be required. I have spent the greater part of my life in this Island, and have formed my opinions—in matters that relate to public advan- tage—not from visionary speculations, but from actual ob: servation, founded on the various and multiform changes that have taken place in the position of the country, for the last forty years. As I have already said, I grant that the Small Debt Act may admit of improvements; it has, how- ever, worked extremely well, from its introduction to the present period, and the thing should be seriously considered, before we determine on its annulment. That it has been abused—shamefully abused—in some ofthe districts ofthe Island, I believe to be the case; but this has not arisen from any defect in the Act, but from the unhappy and iiijutlicious appointment of a fcw needy individuals as Commissioners, who have made a trade of their ofliccs, and promoted litiga- tion, for the purposes of family maintenance. A variety of conjectures have been entortained,as to the intended project, ifs change be decidedly in contemplation. Some think that the present Act will be repealed, and the collection of small debts, as formerly, thrown open to tho Magistracy generally. lfthis system should be adopted, 1 have no hesitation in saying, that the country would be ruined. It is a startling expression, I confess; butl ground my opinion of what would inevitably ensue, from what did take place antece- dent to the passing ofthe present Act. And here it will be necessary, Sir, to give you some idea ofthe practices of the Magistracy in olden times, that the public, and Colonial As- sembly, now in Session, may be enabled to form a just and correct estimate ofthe comparative advantages ofthe former and present system, and come to a proper conclusion on the subject. I well remember when the former Act was in full operation—when every “J. P.” bad the power of issuing summonses; and to give you a true description ofthe in- lquities thcn practised would require a greater power of graphic delineation than I possess. Every country Justice, under the former system, with a few honourable exceptions, had his shop for the manufacturing oflawsuits. Tlicy issued their snintnonses on credit, and the payment was usually made in butter, eggs, or any other commodity that the ju- dicial party had previously agreed upon. Every country constable had his favourite Justice to deal with, and there was a thorough and perfect understanding between the Court and its officers. The constable hunted out business for the Justice, and the latter, in return, gave him all his processes to serve: .But this was not the worst feature of the case. The plaintifl'liad it in his power to select his own Magis- trate, who, from motives of nationality, religious creed, fa- mJy cotuicption, or otherwise, he had reason to think, would decide indies favour. The Justices and constables were fre-

-': «,queiitly in debt to the country dealer, and be was often per-

i'suaded and induced to attack his ledger delinquents for the 'purpose ofclearing off their scores by a credit for fees. As summonses were issued on tick, actions were frequently iii- stituted oti experiment, with a perfect understanding between the Court and the suitor, that if nothing was obtained, no- thing, in the shape ofcosts, would he demanded. In con- sequence ot'such nefarious practices, a spirit oflitigatioii was kept up in the country, and perpetual l)l'0llS wore the natural and unhappy result. Even this immaculate Town, remark- able for impurity, was not exempt from contamination. Here

- there Were some ten or twelve “J. P’s,” anxious for employ- ment, and, with pen in band, ready for action; but the whole business of the Town was unfortunately engrossed by two or three individuals, who appeared to be great populiir fa- vourites. Constables played into their hands, and their ofii- cas were abundantly productive.

I recollect to have heard one ofthesc traders assert, that he had issued upwards oftwo hundred summonses in one week. This monopoly excited the jealousy ofthe unem- ployed, and a dead set was made by them at the traders. This stormy collision among the “J. P‘s.” soon became known to the Governor, who adopted a most judicious me- thod ofrestoring order and tranquillity. He suiiimoused the whole concern to appear at his quarters—stated what he had lieard,and recommended that a roster oftlicir names .should forthwith be formed, according to seniority ofstand- mg in the commission ofthe Peace; that two, in rotation, shopld sit monthly, and that the rest should remain quiescent, until it came to their turn ; that, by this arrangement, every one would have an equal share in the profits, and besides— and which weighed more particularly with him—till would be made acquainted with the duties of the allies. One of the traders remonstrated, and observed, that such a measure was not contemplated by the Act, and that ho \ 'as at liberty to issue summonses whenever be pleased; but llis Excel- lency very Wisely insisted upon the adoption of the plan atid It was accordingly carried into execution. ,

_ Bjtt, although this settlement ofgrievances did much good, it did not entirely remove the evil. Constables still had their favourite Magistrates; they would wait until it came to their turn of duty, and then bring in, cut and dry, for their benefit, a long list of names for summonses. lfa Plaintiff Wished to try a cause before any particular Justice, that be thought was disposed to serve him, he had only to wait for his sitting, and then bring his action. Here, too, summonses :ere issued on credit; the institution oflaw-suits thus ren- Meel-led (:a‘sy, pnd litigation “thereby extensively promoted. .can i e accounts weie fiequcntly scored off by tees and business was done on terms of mutiial convenience. ’

Matters had now come to a crisis. Something was to be done, but no one knew how to precced. At length, the then Attorney General (Mr. Johnston), an active, intelligent and determined public officer, turned his attention to the state of the Magistracy throughout the country; and being, at the time, a memner of-the Colonial Assembly, in the Session of 1825, be brought in a Bill, appointing a select number of Commissioners, to hear and determine in matters of small debt. It passed without oppoaition into an Act, and thus the whole pestilont system of judicial traffic in the Maois- tracy was at once, and effectually, extinauished. The original Act, With its occasional amendmen’is worked ex- tremely .well;_and, after a trial ofei'glit years, iii the Session ofl§32, it again came under legislative revision, when after havmg had a few additional clauses introduced and being consolidated, with its amendments, it was re-eiiacted and now forms the existing statute, under which small debis are recovered throughout the Island.

And here let us pause, and ask a question or two, before we proceed further. lfthe Act was bad, why was it re- onacted in 1832? The majority of the House of Asscmblv were gentlemen from the country districts, and, iftbey hail considered it objectionable, they most assuredly would have moved for its repeal; btit no such attempt was then, or has been subsequently, made; and why,l again ask, if the Act is essentially defective, has it been allowed to continue in full operation for upwards of eighteen years, and without one single Petition frOtn any quarter for its rescission? Facts are stubborn .things, and the projectors of any new scheme should Weigh the matter well, before they propose a change xvi measures of such importance. Let the records of the Supreme Court be searched, and it will be found, that where there is one appeal from the decision of Commissioners under the present, there were twenty under the operation of the former Act. Throw the statute‘open, and you will have the same scenes of traffic and irregularity repeated that had so long disgraced the country, for a the population is now

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materially extended, and nearly three times the number or “J. P.” functionaries than formerly, scattered through the Island, the effects ofthe open system would be deplorable- Applications were frequently made to our former Governors for Commissionerships, but the invariable answer has been, “ No, the fewer there are the better,” for ought I known, _un— der the secret, btit certainly not .very flattering impressmn, that, ifany, there was less mischiefto be apprehended from the raw than the MANY. Possibly, Mr. Editor, the projec- tor ot'iunovation may be a “J. P:” himself, and may sigh for participation in the profits ofol'hce. lfresidentnn or_ near the metropolis, he might be gri‘evously disappouitetl in his expectations, for I can assure him, that under the open sys- tem, the whole business ofthe Town—as formerly—wotth be engrossed by two or three iiidivuluals, unless the rotation plan be again enforced. Persons acquire a habit ofgomg to particular Magistrates—others are recommended by them to the same shop ; a custom is thus established; and people, it would seem, absurdly begin to think that the ends ofjusttce cannot be obtained in any other quarter. The employed have only to keep well with the public—and particularly with the inaii in trade—by a mutual system of convenient dealing—taking care, at all times, to secure the friendship of the acling and active constables, and they have nothing to dread from the envy of their opponents. The constable, formerly, was a much more important character in the com: munity than people generally imagined. lle yvas a sort 0| jackall to the Justice, and in the country districts, not only ferreted out Work for him, but often, good naturcdly, in cases of didiculty, assisted the court in its decisions. No one ever thought ol'applying directly, in person, to a “ J. P.” for summonses. lie gave a list of the persons to be sued to the constable, who employed his favourite Magistrate, and hence appeared the necessity for the Justice’s keeping on the best possible terms with these essentially requisue per- soiiagcs.

I fear, Mr. Editor, that Ishall wciiry the attention ofyour readers, but the matter in discussion is ofa serious nature, and they must bear with me a little longer. Iftlie bearing and determining cases ot’small debt be thrown open to the Magistracy generally, how will the country l)0‘bell0f1le(l by the measure? More than liiilfoftiie present Commission- ers are Justices ofthe Peace. and, although they may cease to act in the capacity of Commissioners, they would be equally eligible and efficient as Justices, while any defici- ency that might occur, by the removal of Commissioners, who may not be Justices, would be supplied, in a three-fold ratio, by the neighbouring “J. Ps.” who would come in, slap dash, with joy and gladiiess, to fill up their vacancies. By some, the present system is called a monopoly. The sdnie mode of reasoning may be applied to every office- holder in the Colony, for when people are disposed to find fault, an envious mind will have no difficulty in supplying arguments in support ofthe nmst absurd assertions.

The present Act, I again contend, has worked well, and because a few needy individuals, in some ofthe districts, have made a trade oftlieir offices, is it reasonable to impli- cate the system on account of such injudicious appoint- ‘metits, and endeavour to displace from oflice, and thus in- directly vilifv, a number of gentlemen ol‘inteority to whom the breath ofslander cannot Eattacli; and all this to gratify a few envious aspirants for employment, who, unacquaiiited with the real wants ofthe country, and labouring under a sort of restless cacoethes for statute-making, seem anxiously disposed to turn every thing upside down, to meet their own peculiar views of legislative perfection.

Although the present statute has my entire approbation, a betterpbm may still be adopted; and I shall now proceed to suggest it, for the consideration ol'tlie House of'Assembly.

1 would continue the system ofnionthly sittings and Com- missioners, but 1 would limit, to a c the fees or profits ofthe Commissio called for, and which, of course, \ House, will enable it to form a scale the proposed measure into cxcciiti three Commissioners for Charlottetown, less than two in the different districts that required them. These Commissioners should be compelled to keep Clerks, who are to issue the processes and keep the records ofthe Court; and, as they are to be the purse-bearers, they should be cal- led upou to find securities for the fiiitliful discharge ofth‘eir respective duties. A return ofthe aggregate amount of, fees should be made quarterly, or lia’llijyeai-ly, by the Clerk, out ofwbich he and the Commissioners should be rcl’iiuiieiiatcd for their services, according to the scale of alloivance-s-tlie surplus, ii'any, to be handed over to the Treasurer, for ex- penditure on the- Roads and Bridges of the Counties in which the Courts are held. lfthe amount offees should be insufficient to pay the maximum allowance to Commission— ers, according to the scale, they must abide by the deficiency or loss; but the stipend of the Clerk should remain undi- iiiiiiisbetl, as his responsibilty is constantly and uniformly the same. A Committee ofthe House, from the returns sub- mitted to them, could easily frame a scale of allowance, and which may be increased or diminished at future periods, in proportion to the business of the Court. To enter more particularly into detail, as it respects Charlottetown-Land which may afford assistance in proportioning the allowance throughout the Island—1 would give each of the three Coni- missioncrs Twenty-four Pounds each, and their Clerk Thir— ty Pounds annually, with an allowance of Five Pounds for blanks and contingencies, making, in tom, a yearly sum of One hundred and seven Pounds, and which should be the maximum allowance, iiiitil altered by legislative arrange- ment. I am quite certain that this plan would work well, and give general satisliiction, atid the public funds would be materially benefited by its adoption.

lfsucli a measure be accomplished, the office ofa Com- missioner would cease to be a lucrative one, and the object of ardent desire ;utid a permanently effectual step would be put to official trade, trafic, aiid action-bunting, throughout the Island. Vv’lietlier this, or any other plan, be adopted by the House Assembly, one thing should be steadily kept iii yiew—aiid let me here forcibly impress it oti the minds of its members—NEVER TO ALLOW a PLAiN'rirr, IN MATTERS or .Dsa‘r, 'ro ciiOOSi-z ms own lllaois'rna'rs. Under pe- culiar eirciiinstances, this power might be desirable ; btlt the general prmctple is a dangerous one, and ought to be care- fully'guat‘tletl against ; for such is the force of national and religious prejudice, personal obligation, family connexion, and the various other ties and partiulitics that cement men together in the ordinary walks of'lil'c, that, in a country like this, it would be found extremely difficult, ifnot utterly im- practicable, iti every instanco, to obtain decisions flee from and unfettered by interested motives. V

I have now done, Mr. Editor, and beg to apologize for the length oftlils communication. The uliject required it. and must plead my excuse. I solemnly assure you, Sir, that in the foregoing statements lliave neither exaggerated nor em- bellished facts—l have told a plain, utivarnished tale— and if what I have written shall be approved of by the public, or afford anypseful biiits to the Colotiial Assembly, for which this letter is more particularly intended, my feeble exertions

to prlomote the public welfare will meet with an ample re- wart .

, turns iiow ~ efore tlic ml curry 7‘ appoint

CLAUDIUS. Norm—Tho Commissioners’ Courts have been complained of as being disorderly. That noise and loud talking occasionally" take place in them, from accidental circumstances, cannot be de- nied, and the causes readily admit ofexplnnation. In the Supreme Court, the bench is filled with judicial dignity, and [here is a ma. josty in Its niovemen's, strikingly calculated to impress the minds of tlic bystander and suitors with profound rcverence There the plaintiff and defendant can only be-licurd by their i-espectivd barristers, and there is a [rccise foriii and manner in every thin" that is said and done. But in the Small Debt Court it is uite tll: reverse. The Commissioners are common every-day pegple and halve nothing awe-iiispiringjntheir appearance. The Coiirt,’like iil. nilierjurisdictiops ofa similar nature, has no peculiar inherent solemmty ofl‘orir. in its mode and style ofproceeding. It has no professional men, in forensic dress, to plead for the parties at issue _no Sherifl‘, with cocked bat, sword and wand to enforco res- pect—and no Crier, with stentorian voice, to crimmand silence. Here every man is his own lawyer. and has a [cool right to plead his own cause, viva once, and defend liiinselfio lfa plaintiff in the detail! ofbis cose,or his witnesses, on their examination happen to introduce a tissue of falsehoods, they are, instant”:

flatly contradicted-by the adverse part —tcmper is immediately excitcd—tlieir feelings become mutual y irritated—a number of

voices are heard at once, and,at the moment ofcollisiog, the Chai‘ef Justice ofEngland, 1 am inclined to think, would fint it none, .ry task to prasnrvo order, and restrain the volubility o t 1:50 ndgny disputants. True, they might becfl'ectually silenced, y se tbg the whole concern to jail; but, in such case, the cause m‘ps r struck offtbe docket, and inconveniently, perhaps, stgn ovc forafuture re-hearing. .

(F ram the London Spectator.) .

The vast hey that divules America into two conti- nents has been the theatre of some strange occurrences, ofkinds unhappily too common in that quarter, and not lilgev IV to be followed by special results of much importance, _ ut vet more than common interest. A provmce of Mextco, Texas, received a strong infusmn of the United States peo- ple, whose countrymen de5ired to place .a barrier between themselves and the Republic that repudiated slavery; and on the strength of that sympathy, and of the multiplying Yankee rifles, Texas shook itself loose—Apothcr Mexican Province, Yucatan, catching the contagion ofins'u‘bordination, also desired to be an independent state; and lexas “ sym- pathises” with its rebellious sister. Mexico,m an interval of comparative tranquillity, takes measures to coerce Yucatan, and to resent Texan aggression. On the other aide, “sym- pathy” for Texas in the United States has risen to the Pie- aidental chair; and Mr. Tyler, it is said, contemplates active hostilities against Mexico, in behalfofthe border state.

Central America has just dcspatched one of its leaders: .‘loarzan, after a life of fighting, has been assassinated by his own subjects, at his capital ; a bloody illustration of the state ofsociety among the semi-barbarous bandit population ofour faithful ally.

ln Cuba, Lord Palmorston’s Anti-Slavery Consul, Mr. Turnbull, has got into a scrape, which oii the present show— ing, is unaccountable. He was removed from his post-be- cause liis sectarian zeal unfitted him for consular duties; but be re-appcars, in a small sloop, manned by 'blacks, at a provincial town, and professes to have authority from the British Government to demand the liberation of all blacks introduced into the place within the last twenty years! He was arrested, and was about to be sent as a prisoner to Ha- vaiina, in which be last lived as Consul. Cuba cannot suf- fer people who talk of man’s personal freedom to go at large. It is doubtful which is most to be admired, the state of a country which makes it necessary to ptit restraint on the enthusiast, or the eiithusiast’s own rashness.

The whole ofthat region of which we have named three angels is sitting with the conflicting elements of social and political‘lrevolt. First peopled by Spain (after it had ‘des- polled itself of Arabian civilization) in a spirit of rapine, the

the region or further contaminated by the institutions of sla- very. They are sunk to the lowest depths of anarchy and social corruption. Yet is there ready ingress for the opi- nions of Europe of the nineteenth century, which forced in among uncongenial people—as we noticed last week, in the case ofthe European counterpart of Central America, Spain '—only add to the confusion. It would seem as if the better that opinions are in themselves, when a people are unpre-

evils they are meant to cure. The people on whom they are thus untimely thrust are not fit to profit by them—they can only resent them. r

Powxn or THE VOICE ovna CHiI.nui-:x.——lt is usual to at- tempt tbe management of children either by corporeal puii- isliment, or by rewards addressed to the senses, or by words alone. There is one other means ofgovernment, the power and importance of which are seldom regarded. lrefer to the human voice. A blow may be inflicted on a child, ac- companied by words so uttered as to counteract entirely its intended effect. Or the parent may use language in the correction ofthe child, not objectionable in itself, yet lspoken in a tone which more than defeats its influence. Let any one endeavour to recall the image of afond mother, long since at rest in heaven. ller sweet smile and ever-clear countenance are brought vividly to recollection. So also is her voice; and blessed is that parent who is endowad with a pleasing utterance. VVlist is it which lulls the infiint to repose? It is no array ofinere words. There is no charm to the untaugbt one in letters, syllables, sentences. It is the sound which strikes its little ear, that sontlies and composes it to sleep. A few notes,'bowever nnskilfully arranged, if uttered in a soft tone,are found to possess a magic influence. Think we that this influence is confined to the cradle? No, it is diffused over every age, and ceases not while the child remains under the parental roof. Is the boy growing rode in manner, and boisterous in speech ? I know of no instru- ment so sure to controul these tendencies as tbe'genllc tones ofa mother. She who speaks to her son harshly, does but give to his conduct the sanction of her OWn example. She pours oil into the already raging flame. In the pressure of duty, we are liable to utter ourselves hastily to our children. Perhaps a threat is expressed in a loud and authoritative tone. Instead ofallayiiig the passions ofa child, it serves directly to increase them. Every fi'etf'ul expression awakens in him the same spirit which produced it. So does a pleasant voice call up agreeable feelings. Whatever disposition we would encourage in a child, the same we should manifest in the tone with which we address liiin.—Chnstian Register.