—_——————_—

| . . . ,

| hearing of the case it is found that C. D. is not indebted made between this Colony and the Imperia! Government ‘to A. B., but, on the contrary, that he has a balance to the effect, that the latter will pay aaa c— ‘coming to him, then the position ot the parties is changed, Lieutenant Governor from time to time. os these A and the defendant, hav.ng attained that of the plaintiff, remarks, I am satisfied that the reasons > ie claims his rights, and demands his fees. This is the prin- be sufficient to change, or should sheng. t were e e ‘ciple and practice of the Courts here, and it is the same Imperial Government upon this subject. ; -_ the It is a wrong idea to suppose that when a will consider that our paying the salary of the Private 8 a witness in his own case, that he is not Secretary, and the maintenance ard support of Govern-

ment House, are all that should be expected from us

A Message, asking for a conference, was received from under the circumstances in which we have been placed the Legislative Council; after which it was moved that We have never voluntarily promised vor consented to the further consideration of the bill be now resumed, pay the salary of any Lieutenant Goveraor io this Coiony. when it was moved in amendment that the word ‘*now’’ If the Imperial Government will give us £2 1,000 sterling be omitted, and ‘this day three months’’ added, which | to form a neuclus of crown lands, we might take upon us the payment of the Governor’s salary ; but instead of

The Committee again resumed the consideration of the doing this. they have granted away all the leads in the bill, which wae reported agreed to with amendments, | Colony, and have left us almost beggars.

Mr. G. Sinclair moved that the bill be recommitted, for Hon. Mr. Lainp.—Tae remarks made by the hon. the purpose of amending the same by adding the follow-| Leader of the Opposition are very much to the point, and | I readily coneur with the sentiments which he has ad-

“In no case shall the plaintiff to any suit or action | vanced. The authorities in the Mother Country are al- brought in any Court of Commissioners tor the Recovery ready acquainted with the cifcumstances in whic! we of Small Debts, now constituted under any existing Act have been placed. This question concerning the Lands of or Acts, or to be constituted under this Act, be entitled | the Colony has caused a good deal of excitement and a to any mileage fees for attendance as witness in his own! good deal of trouble also; but we should remember that \the Irish Church Question, which has been agitated so

This was seconded by Mr. P. Sinclair, and on a division jlong, is about, at last, to be settled—justice is about ta was lost, when the report of the Committee was agreed to. | be done to that country in this matter. This slould

The public Despatch relating to the Salary of the stimulate us to make an effort to have our grievances re- Lieutenant Governor being read— | dressed also; old arguments can still be used and new

The Hon. the Leaver or rue Government said;— | ones urged to accomplish this object. When we find men Mr. Speaker, the Government of this Island, when it| of the stamp of John Bright who advocate the principle assumed the payment of the Civil List of the Colony, was | that no injustice should be done ender the sway of Great given to understand that the fiome Government would Britain, we may still hope for @ settlement of our pay the salary of the Lieutenant Governor of this Island. grievances; it is our prerogative to insist that these As our public lands had been all granted away, by the grievances shall be redressed. Why not press a settle- Imperial Government, and our people being thereby sub-| ment of these troubles at once? The payment of the

I have never heard of fees being jected to the payment of a taxin the shape of rent, lsalary of the Lieutenant Governor is only an item when

which was unknown in the other Provinces, we therefore | compared to the burden we bear, and therefore if that were in a diffurent position, and had not as much right to burden be removed, we can undertake to pay the salary pay this amount as the other Provinces: and, besides, it) demanded. I contend that we should press hard for a re- is well known that before Kesponsible Government was dress of our grievances, for British subjects have the pri- granted to this Colony, we had 10 agree to pay £500 | vilege and the inaliable right to do so. :

n-year to those officers among us, who had received their | Hon. Mr. Henpers N.—A celebrated man once said appointments from Hcme, before they could be called | that he never knew anything of great and lasting benefit upoo to resign their situations, and the understanding | done for a people without agitation. I hold that the was, that if the Government of this Island would pay question under consideration requires a constitutional our Civil List, and thie allowance, the Home Government | agitation ; it requires a repetition of every fact that hae would pay the salary of the Lieutenant Governor, and | been brought forward in favor of the Colony. Our rea- increase it to £1500; but by Despatehes, lately received | sons for not paying the salary required for the Governor from the Colonial Minister, the Home Government seem | of this Colony have been ably embodied in an Address to to think, that from the prosperous state of the Island, and Her Majesty. That detailed statement embraces every in view of our position with respect ta Confederation, it point in connexion with our Land Question, down to the is considered that we should now pay the salary of the granting away of the first estate of the lands of this Co-

oe ——. A = : fv 4) a \- f a , aa . F \ ) éK hs emall last year, and as the wind has broken up a large | ‘*The Bill to continue and amend certain Acts therein ‘think of putting ina “a to qractes Receomenirer number of our bridges, causing an additional outlay of mentioned, relating to Sommerside,’’ being read a second Pour -_, ery ch ° Sear tial. ar detoadant six thousand pounds, I do not think they can expect a time, the House went into Committee of the whole on the 2 i et a ae eos hat e1 2 Jtant for fenciag in the Drill Shed this year. Next year said Bill, ‘ i \° M B, _—" Mr "ewan . hatite tetas. the Revenue may be larger, and I have no doubt the | Mr. Cammeron in the Chair. . psoas M Kickbam oil wate nadia Government will then allow something towards a respect- Me. MeLennayx.—There are no great changes made in mem ~ rom enna i ae ae oo. _ ite | in Eagland. able Market House in Summerside. As a man who was this Bill, but there are a few amendments to the old Bill. (this clause, alt o e seconde b to Palesain den. | plaintiff’ become ena of the first pioneers in that locality, he should have After hon. members ead made a few remarks the Bill | @doption, beeause ¢ . “hao tert a a ae of \voltiiad tn foes. reserved some public place for such abuilding. If he gets Was agres d without amen iment. , a ply. —— ~— ’ m4 2 oe to the one et up @ report on this matter, and lays something definite [he Speaker then took the ¢ hair and the Chairman ae me ed ; o td ede nearest the residence of before this hon House, they will take the matter intocon- Teported the Lill agreed to without any amendment. “es Sele a ve — t oy the defendant who drives | sideration at another time. If the Town was Incorporated | {be Bill was then ordered to be engrossed. a . ; om ta 5 * egrss aioe sr eae @ gdisadiadie | the people might fairly ask the Government for agrant to | A message from the Council desiring a conferenee on ay P aon "ane Seana Aeht, When the dap fot} aid them in building a Market Hous». I am in hopes the Bill relating to the Incorporation of Societies for the | he ae go - comtess ¢ mol be © great incon- | wee lost. that next year he will pay more attention to these mat- Sale and distribution of Seed Grain on credit _ earing 0 ~ ait ne oat O et a carmel ters, and. if the Revenue will warrant it, | will not then This was agreed to by the House and the conference | venience to the oe 0 go to y . a = a oppose grant. then took place. | obliged to do so for the perpen 0 — * - acon ay" 1. Oxexnam, Reporter. Ordered, That the resolution of this House, of the 30th | fondant to do what he should have done 0 . - . March last, viz: ‘* Tiat no new matter on which a Bill cord, it is but fair that he should be remunerated for his Mr. MeLrxxay.—Sir the hon member, having the can be founded, be introduced to this House after Wednes- trouble. This clause would prevent the plaintiff from | ing clause :— purse-strings (0 his own hands, is wel! aware, that ir day, the 8th day of April next,’’ be suspended. ‘getting any costs, while it would allow the defendant to | would be no use for me to come in wild a petition, Resolved, That the House do now resolve itself into a| 4080, which would be @ most unique principle of law. | unless the prayer of it was approved of by that hon. Committee of the whole, to consider the advisability of | | Hon Mr. How1an —I should = = ne cpl weber who has the honor to represent a great many placing a sum not exceeding ten thousand pounds, at the Information. Suppose a man in Charlottetow ’ ' nai ‘on disposal of the Government, tu buy lands at the disere-| of my neighbors, 1s he to get his mileage all the way to | to any places, viz: Alberton, Caseumpec, lignish Ran, Sea “*I : ’ 7 : . fi h dav he loses besides ? | euit. Jow Pond, &e d therefore thinks “wery little of a | "@°" of the Government, without limit as to price. Uascumpec. and pay for each day he lo i sad EP TUSS, Mie., GUE: Tererore y I'he House then resolved itself into said Committee. Mr. Brecken.—In a case of that kind, acreditor might | member representing but one place. I reeolleet reads | Mr. P. Sinclair in the Chair. sue the man nearest his own residence, but it is not likely | ing, ina Halifax journal, a few years ago of an Ad. Hon. Mr. McAuray.—I do not think it right to place | that he would sve him up there merely for the sake of | dress being pr sented by ‘he peop e of Alberton to the | ten thousand pounds at the disposal of the Government, 'gwetting the mileage. But suppose @ man has to hire a Hon. W Young, of Nova Seotia, who wis then om a that they may give the proprictors what price they please | horse to attend Court, is it just for him to be put off | visit to the western part of this [sian] with his brother, | for the lands. I know very well the propensities, procli- /without any expenses, especially, a as is often she | the Hon. Uharles Young, of this city, and the great vities and favoritism of men ; but Perhaps the Govern. | ease, he is driven to sue o—- his will ils eeu difficulty in Ualifax was to find out where Alberton was | ment Is com posed of a superior order of beings. ; Itismy| Hon. Mr ; How1Lan —Gent emen in arlotte | MEBCUISY ID ~bANTAX was : Te ihe opinioa that they should be restricted in the price which | would think it a very pleasant trip into the country a0 | They searched ali the maps, directories, and public re-| :, given for the Proprietury Lands. If they give more | sue aman if they get their expenses paid. I have sued | cords within reach, but could not tell whether Alberton than fifteen shillings an acre, they will overstep the | persone in courts at a distance from my residence, and | | was in Voncouver’s Islanior in the Magdalen Islands; | bounds of justice, and therefore, I should like to see them | never received any fe 8, 1 have m - at last they discovered that it was a swail place in PE bound dewn to some rule of action. If we should like to| received by a plaintiff, but if it is the law of the “a * Island, where there was a few houses built among the know what prospect the Government have, I have no that such fees can be claimed, it is well to =" it. 1}

. stumps, formerly called Cascumpec, and came to the doubt the Attorney General can give an exrlanation. | shall support the resolution, for I think the law, as it)

Pt tas; h op) sane tte wihtdd “tnd |. Hon. Arrorney GengraL.—Theare isa rale laid down | now stands, if the construction put upon it by hoo mem- | conclusion that the people were very sty todeed, M7 ia the Resolution, to the effect, that the matter shall be| bers is correct, places too much powerio the hauds of the thought they might — as well be called | ascumpecer= laft to the discretion of the Government. I do not think creditor. as Albertonians. It is all very well for the bon. mem- jy would be advisable to make public what particular) Mr. Breckey. —Suappose a creditor in Charlottetown ber to say that bridges were carried away, aod ‘bat! Jands are likely to be purchased ; this sould not be done! sues a man in Cascumpec, which would be the greatest | money was required to replace them, bur Tignish Rua | ull the purchase has been made. One estate in view, is hardship, for the defendant to be obliged to pry the | was pot carrie | away and bas c mumanded muh of the that of Lord Melville, who, Lam in hopes, will yet sell, but | mileage of the plaintiff to that pines, of come to Ohar- | joterest of the hon. member; yet, notw thstanding ail if he does not sell, there are one or two others who will do lottetown bimself to settle the case? The idea of a man

age wig 1 J tll hope the Government may |°”: perhaps, not at seven shillings and six pence, but at a| leaving his ordinary business and going a long distance to |

a that has been said, 1 stil hope th ie .rife more. Even under tue Land Purchase Bill, lands; sue aman merely for the eake of bis mileage, which |

. see their way clear to do something more for Sumwer jmight be purchased which would not be worth half the, would be scarcely sufficient to pay his expeoves on the | side than has yet been pro, osed. /amount fixed by that Bul. If the Government do not use| way, is absurd.

Hov. Mr. Howray —I aw glad the hon. member has their discretion in the intended purchas s, [am sure this) Mr. G. Sincuatk —Llon members have said that a man |

i awoke to a knowledge of the requirements of Sumwer | House will passa strong sentence of condemnation on

It is | their proceedines | Hon Mr. MeAutay.—If there was an Act by which we | iaieivahes, te::40 & very fue place, and if at any nen ~ Gyteunnens for breach & power, we

: : as e migit let them have the opportunity of making a pure | future time be should happen to come ap there, l h-Pe chase; but there is not. I would like to see them strong: | when be takes a (008 at Wiat is ga gh the wil wet ily bound, for the amount to be placed in their hands is have any cause to regret that one thousand pounds)

| not a small one, and besides, our giving them this power, were granted to Tigaish Run. When the Hon. W | might have a prejudicial tendency. At the same time, I

> : ‘ . . St me . | vive the Attorney General credit for doing what he can | Young, in company with his brother, visited A berton | & j the people there were aware of his previous act: ve and | to purchase the proprietory lands of this Colony. ode fai career as a public wan, and e:nbraced the op ‘lon. Arrornsy GengeraL.—The late Government ex. | eras ak ’ , \ .

; ; d Add f , ceeded the amount granted for the construction of the) portudity of presenting bim with an Address out of re | Barracks, and therefore, it looks very bad to see the hon |

: : Ss ed spect to him jor bis able sdvdeacy of principles which member for Georgetown (Mr. McAdlay) so suspicious. |

side, for [ think it is time that ne should do so. true I do sepresent Tignish, and 1 ean assure the hon

should acknowledge a debt, and not allow the case to go | Lieutenant Governor ; which I think 18 pot fair, and such | lony in one day. Itis the duty of the present Govern- to Court; but it 18 not always easy to do this, for there | also 1 believe is the unanimous opinion of both branches ment and of the Opposition—there is no Opposition io may be accounts between the parties, and the debtor | of the Legislature; and to afford hon. members an op-| this matter—to unite and reiterate these statements, and having been sued for the whole amount, must wait till it | portanity for expressing their sentiments on this matter, | if possible throw new light upon the matter; this will comes before the Court to see if he has been credited for | it is perhaps advisable to report progress, and ask for | give force to our claims on the British Government. As the sums he has paid. If aman who happens to be in | leave to sit again. I may state though, that among the | the hon. the Leader of the Government stated on Satur- Court is called upon as a witness, he gets no mileage, he | reasons noticed, to shew why we should pay this amount, | day last, it was clearly understood that when the Civil only gets pay for his day, and the plaintiff is supposed to | it appeare that it has been represented to the authorities List was settled in 1851, the Governor’s salary was to be be in the Court, and L think he is not entitled to any |}at home, that we have not went to sufficient expense in disbursed by the British Government ; this was part of mileage. Tiere is another eyil connected with this. In| keeping Government House in repair, and that the late the com pact or agreement at the introduction o! Respon- cave of a dispute between the parties, the defendant would | Government refused to vote a salury for the Lieutenant sible Government. I think the Government should assign rather pay a small amount more than he owed than al- Governor's Private Secretary. : stronger reasons than they have ever yet done before the low the plaintiff to be w wituess, as he would then be, On motion House adjourned until ten o'clock on said agreement between the imperial Government and obliged to pay him fees. Monday. this Colony is broken up. The british Government can-

Hon. Mr. MeAutay —It oceurs to my mind that tho R. Gorpon, Reporter. [not but see the result of their original error when the

“wilt a wddress Dy thepropte;

we all respect, and when the hon. mewber uodertakes Tne Government may spend a good desl of the public | principle of the matter is overlooked altogether. Two again to taunt me on that score, 1 will invite him to! money on their own responsibility, if they choose, as they individuals disagree ahout & certain amount of money; | consider whe the people of Abbertou, or those ot have u good deal of power in their bands. I believe the | the claimant makes a demand upon the other for a sum | Summersy-A. ved the mostytaste in the selecion | 2°". wember would pass a want of confidence in them, if which he refuses to pay ; he is then —— to incur ex- tu address. The Hon. | 2¢ Cou!d 40 20, with the least shadow of excuse, If the) pense in making him do what is right, ani is it wrong |

h 2, wets. ol wh Government exceed their powers, they can be taken to, tat he should have these expenses retunded perso that bas passed ‘hrouUgrSamm ‘rs de, and when | task next Session. lion. Arrorney GeneraL.—lf a piaintiff gets no fees |

| raising » Revenue.

Council, and desire the said Conference.

Monpay, April 20. fruits of that error are laid tefore them. 1! am only Res»lved, That a further Conference be desired with afirming now what I stated when | was a member of the

the Legislative Council on the Bull intituled ¢ An Act for late Government—I contend that the granting away o/

” the lands of this Colony by the Home Government wae an

Ordered, That the Hon, Attorney General do go to the extraordinary act of injustice to the people of this coun try. If we are to experience one hardship after another

copsidered worthy of presentig Fois departure. preseated fin, Mr. MeAutay.—There wag a necessity for the ont.

mittee ou the Small |

— oe. ——— | w Zi 2 é " i ie fi a a

souse adjourned. B..orrston, Reporter.

country to lorw au Opinion as tBay Address to, was the matter, and I should like to see them like Caesar's)

|in the amount to be expended. do hope, another year, that the House, when |, for one, will bef members fur that town | dieeretionary power; if they are not given this, the to by the chairman. prepared to do my best

the limits of that Bull. reading 0 the engrossed bill fro :torney General, the! Resolved, That the Government be authorized ,to the ex- Mr. G. Sinclair in the chair. wetie language of Sheriffs t the limit, with respect tu price, ordained by the eaid Mr. Bell in the chair of the reported the said resolution agreed to by the Houee. The point which elicited theloremi:tee.- aaa . : | said Comuiittee. DB most discussion was, | bon. members contending that uuder uo circumsianee | accordance with the resolution adopted by the Commit. ‘ s . > " OM s Kal, ae , _ Ls argued that when a plaintiff is examined in his own | Yermment of Prince Edward Island, to expend Ten Thou- | : R ordered to be read a second time on Monday next. {. Gorp nN, ‘reporter. | 1 Small D-bt © urt at Ezmont Bay. being read, | Small Debt Court in that locality. lion. Mr Keily in tie Chair. | be would have known that a petition wis reevived Mr. Speaker resumed the Chair, and the Chairman re- iderab'e amou:t of business done in that place now, Said Report was agaim read at the Clerks table. nee and loss. Fur instanee,a man may be sued pended under speeni graut of the Logistuture, for mac-

Common of Charlottetown

clause and several otiiers were agreed to

| that body agree to the amenuments made be the House of

Also That they do ins:st upon their amendments made Satcrpoay, April 18. Heuse adjourned for one hour.

Indian Commissioner. L meat, Summerside the on'y ‘Tay on the Barracks, but there is none in the present case, | that gedtleman but will leave @, that town whom tuey I should like to see the Government restrictea in this ‘ ile, ** above suspicion.”’ man Were the most worthy of no disparagement to) Wi'®s P . ; address, With respect to the qthon qoltie and the) Hon Leaver or THe GoverNMENT —They are limited | ) h which of these | Hon. Mr. MeAvtay.—They could give one man five, will, the first week of the sessfiing preseated with au | pounds per acre, and another #ix, if they choose to do so. finiie respecting the waats of thBlaims of Summerside 1} Hon. Leaver or tig Governuent.—They must have a to meet the wishes of the peoplajon, place sumething de- | ee oo us te not be required. ana at The Resolatioas of Supply w4at town before this hon. | Purchase Act limits them to a certain price, but as there PPYy | ere small tracts of cultivated land that may be purchased, Qo motion of the Hon. the of that loc lity itis not likely that the Government cau get them under o © : 0 ality. House weat into the order of@re then reported agreed | The following resolution, submitted by the Attorney |General, was then carried. e “Ao Act for sbortev ing th : Deeds,” whieh was read and repithe day for the second tent of ten thousand pounds, to purchase township lands the Council, inti-uled | ®* their diseretion, under the Land Purchase Bill, wich- 4 ou « The House then went into C yo Debt Bill. rted agreed to. The Speaker then took the Chair, and the Chairman The considerativa of this bill esolved, that a Committee be appointed to prepare which several bon. members too and bring in a Bill in accordance with the said reported Seelicited a discussion in| _ Ordered, That the Hon. Attorney General, Hon. Mr. a part | Howilan, and the Hon. Culunial Secretary, do compore the | m ea | The Lion. Attorney General, from the last preceeding ve allowed tO a pial if = Some | Committee, appointed to prepare and bring ina Bill in should a plaintiff, when gaining hi- case, be allowed tee of the whole House to-day, presented to the Huuse « travelling fees; while the legal members of the House Bill, as prepared by ‘he Committee, to em; ower the Go- . ‘ a sand pounds in the purchase of Jands, in the said Island ; —. then ee ° <a. and . le gully and the same was received and read jor the first time, and u othe ices usually allowcd to a wifttess. The order of the day for the [louss in Committee ap- | The clause was read relating to tie estalisiament of a pointed to extmine, and report on the Public Accounts, | Ma Greex —I am not aware that any petitiva has) Ynhe House accordingly rveso!ved itself into said C yma | been before the House, praying for the establishment ol & | mittee. i + Mr. Axsenactt.—I toink, Mr. Chairman, thatthe hots, The Report was tuen read paragraph by paragraph, member for Summerside, could not have been in his place, gpd agreed to. om the inhabitunts of the locality refereed to, praying ported trat the Committee bed gone through the said re- the establishment of aswall Debs Court. There isa port, apd ad) ted it, without making any a vendmert. there is no small Debt Court with'a fifteen miles, Hon Colonial Secretary presenced a return of one of %. on this accouut, may be subjec ed t» considerable | the pon. members for Cuarivitetuowa, of the money exX- ' . » . sli summa, and when the Court is 80 far away, Uh adauuang partet Main Post Road in the Royalty and sway amount to 48 Much as the original debt. : , Ordered that te same do lie on the table. Committee rose, reported progress, and obiained A message from the Legesistuve Uounerl, stateng that | Assembly in ihe Bill intiuiuled ** An Act ior shurtenmg the language of Shenif s Deeds.” tothe ‘* Bill for the Incorporation of Societies for the Sale and Distribution of Seed Grain on credit. I Oxennan, Reporter. Afternoon Session.

abe Revenue Bill was read a third a time and passed. Read a third time, as enzecased, te Bll intituled **An Act to revive. and continue ecrtain sections of the Act for =the preservation of the Alewives fiscries, andj tu repeal @ certain Act therein mentioned.’’ On motion of tlon. Mr. Kelly, the House resolved itself The Bill was then passed. into a Committee of the whole on the further considera- Ordered that the hon. the Attorney General do earry tion of the Kili to amend the Small Debr Act. two last preceding Biils to the Council, and desire Me. Bell in the chair. ‘rea, “heiPconcurrence. Hoo, Mr. Retry taoved a clause for reducing the fees 7 SEP MMe. Reilly, from the Committee of the whole Honse, payable to Coamuiss.ooers of Sinall Debt Courts, by al- Hn the further consideration of asypply. reported aceurd- lowing only two snillings for an Order, and three shillings 4 » Sng to order, six resuiutions, of the said Committee, which | for an Examination, to be divided between the three “pe desolutions were again read at the Clerks table. | C muaaissioners. : ail The first relates to the grant to the Charlottetown After some desultory debate, during which it was ee Ferry ; the second, to the grant for seed grain; the thir!, argued that the fees at present were sm ill enough, and othe distribution of said grant; the fourth, toa grant thatif they were reduced competent persuns would not me . to the manager of this distribution ; the fifth to the sum undertake the onerous duties of the office, the clause was ” i : ct

d to the members of the Assembly for their attendance, ist zreed to. a . nd expenses of traveling during the present Session ;

t . Satt ae eee ~~ .

On motion of hon Attorney General, the second clause @ sixth, to a sum yoted fur the members of the Council | of the Bill was reconsidered, amended, and agreed to.

a) like service, &c. | Mr. G. Sincnain.—-Mr. Chairman, we bavye been in-

eee On motion of the hon. Colonial Secretary, seconded by | formed during the discussion of this subject that a piain-

; sv / ‘ghe bon. Mr. Kelly. tiff can demand fees and mileage like a witness, and al- ” A 6 Ordered, What the second and third of the preceeding though this has never been done, yet, when the views of | << qa re) ; yeslutions of the Committe of Supply in reference to the the legal gentiomen who have given their opinion on this’ aa ii past for the purchase of Seed Grain on credit, tor dest- subject go abroad, it very likely will be; and [ think | | ‘ Me Pbettlers, be inserted once in all the newspapers pubd- | this will be the means of imereasing litigation, for per-_ eS rig. «.'F 5 ed in this Island. suns will be more inclined to sue when they get paid for’ 3% ee eT ~~ Resolved, ‘That a Committee be appointed to prepare it. I think the poor debtor has enough to pay without a 47 and briog in » Bil! to appropriate the Supplies granted to paying the plaintiff witnesses’ fees, and | would, there- | a cae 3 Bes Majesty this Session. tore, move the following clause :— ‘ ; is Ordered, Tina Mr. Reilly. Mr B:!l. and Mr. Sinclair, — ** In no case shall the Piaintif to any suit brought in ae do com the said Committee. ‘any Court of Commissioners for the recovery of Small m * ‘The Bill relating to marriages to the Bible Christian D bts, now constituted under any existing Act or Acts, or em \ Chareh, was read a second time to be constituted ander this Act, be entitled to any fees Pig \ Lhe House then resulved itsel{ into a Committee of the | for attendance as witness ia his owa suit.” =. Sera bole on said Bill. | Mr. Kickaam.—I second the motiou of the hon member Wig amie " Mr: Boll in the Chair. from Malpeque, Mr. Chairman, tor I think there is a) y ae. The Bill was tien read clause by clanse, and reported necessity for such a clause in the Act. If the plaintiff 1s = end-to. allowed to claim mileage, he might, waen be bad a| ‘ F\The Speaker trek the Chair, and the chairman report- number of persons sued, take them to a Court at a con- ( — c t the Committee bad goue through the Bul, with- | siderable distance, and thus make it a paying speculation. Sl S\t me any amendment thereto ilon, Arrorney Gengrat.—I think hon members have e , = et bale then ordered to b> engrossed. ‘tmken w very erroneous view of this matter, and the 4 4 -Oolcnial Seeretary presented to the Honse the passng of this res lution would be an actof great in- Shade A ine Ret 2 jusuce. A party who owes a debt can conless it after he

oe

< garmers’ Bank of Rustico, on July 4th, \rece:ves u summyns, and not aliow the case to gu to Court

Pe atall. But it he obstinntely refuses to do so, aud the reide , on the 6th of August, | piaintiff is compelled to go vo Court to prove his case, ne APaeowe poe e “hoald he paid for his trouble. I wonder the hon mem-

the came do lie om the table.

4

_a distant Court for the sake of his mileage, [ duno’ think | py Hon. J.

_ of their goods on credit.

r for Malpeque, with all big shrewd seuse, did not

2 oe on not be eo — go “- oe ae to pay b!8 | former Conference thereon, be a Committee to manage | ¢ 2 . * . debt without being eued. It has been said that a man | yi. forther Conference. i

Cannytl always settle a case without going to Court, for | Mr. Speaker communicated to the House the following | there Siny be an account between she perties ; bus af * \ letter received this day by telegraph from Ottawa, dated |

/wan has an offset azaiost # debs he has only to tender | April 15ch, 1868, and which was ordered to be recorded |

the balance. With regard to a creditor sueing a man at)

,on the Journal of the House, viz :—

‘ z he Legislative there are many among us who would do such a thirg I PrOnh,,.Aeeene, of Me Samm

must ask this committee to bear in mind that it is not lawyer's fees we are debating about now ; it is the prin-

Assembly : I am directed by the Speaker of the House of Commons) to acknowledge the receipt of your telegram containing |

Ordered, That the same Committee, who managed the | !2 Our present uncomfortable position, and to be treatea in a manner so different from the other Colonies, the re /sulte cannot be known.

Uniess the Home Government

show some other reason for our paying the salary of the Governor of this Colony, we shall r

piece of injustice towards this Island. that we have been prosperous; but we may state thut our prosperity asa people did not absolutely de the assistance we have received from the British Govern’ ment; it has depended upon the energies and intelligence of our population with tavorable seasons for the produc

rd thie also ae « They may suy

d upon

ciple that » person who owes a debs has aright to pay it, | resolution of the House of Assembly of Prince Edward tion of grain and other crops. But a little defect in the and if he puts his creditor to the trouble of going to) stand, expressing condolence on the subject of the la- Products of the farm, and an unusually severe winter,

Court, he should pay him for his trouble. mented death of the late [onorable Toowee D*Arcy Hon. Mr. Ketry.—I am quite certain that more than | yoGee ; and J am further directed to say that Mr. Speaker

one-half of the Commissioners of Small Debt Courts in the | 44 the melancholy satisfaction of reading the same to

country never thoughs that a plainuff could demand | the House of Commons.

fees, and I never heard any complaints made on this

head. I should think it would be iniquitous to make a

poor unfortunate debtor pay my expeuses as well as his

Geo. H. McAvtay,

> wed Read a third time as engrossed the ** Bill relating to the | Hon. Mr. Hsxpersox.—I think, Mr. Chairman, that | °¢/ebration of marriages, so tar as the same relates to

’ ‘ ” there is an assumption at the ivundaiion vo this matter, the Bibie Christian Church.

: : The Bill was then passed. which, perhaps, led to this resulution bei g tabled, and, nag P P , a that ts, hot She defendant is always more liable to be _Urdered, That the * Bill_relating to Small Debts abe} harshly treated than the plaintid, and that the former is | C°8TOssed. s less able to bear a loss than the latter. This assumption, Hon. Colonial Secretary presented to the Houee | I believe, is unfounded, for many pergons begin as mer- Return of the State of the Union Bank of Prince rail chants with very smail capital, and give out large quan- ward Island, on the 4th day of March, 1868. tities of goods un eredit. They then find it very trouble- Ordered, That the ere do lie on the table. iain I sume to collect their debt, while tuey are at the mercy of A message trom the Council desiring a further Con- those from whom they purchased a considerable portion | @Feuee on the Bull intituied *An Act for raising a Re- Now, in such a casa, who would | VRUee ¥ ; : be in the most difficuity, the d:btor or the creditor? It! . the Conference being over, the House resolved itself would be well to have the law so cvastructed x@ to deal | 2te 4 Committee of the whole to take into further con- out even handed justice to all. | stderation the messige of His Excellency the Lieutenant.

Mr. P. Srvcuaik.—Mr. Chairman, the resolution which | Governor of the [3th day of March last, transmitting is before you has drawn out eonaiderable discussion, and | Y8tlous despatches and papers from the Secretary of I think it is required. We all know that the practice pee 4.9 ah oe has been that the plaintiff, in any suit, should receive n> - Reilly in the Chair. a5 pay, but us it has been stated that the law, as it now on ATTORNEY GENERAL —The first despatch T will stands, would entitle plaintiffs to mileage and fees, when | D°tice '8 that relating to the salary of the Lieutenant this opinion gets abroad, they will demand it, and what | Governor of this Colony. ‘This despatch intimates that will be the state of the country? Now merchants send ‘Ye Howe Government will not continue the grant for tnair clerks to collect their debts, but if such a lawas this '® Payment of the salary of our Lieutenant Governor is in force, they will sue all their debtors, and make | #!t#? the present Gow rnor's term ot office expires, It as money by it, perhaps ten pounds Ma day, it they uuve a generally kn wh that this matier came betore the Legis- large number sued at once. | lature in 1865; that ic was taken up. and an Address |

Hon. Mr. McAvLay.—The argument of the hon gentle- | was forwara ds to the Home Guyerument by that body on man goes to prove that right is weong If @ man bas a the sabjecs. This Address was well drawn up, and the richt to pay a debt, and will not do so, and his creditor P ‘ints that could be of service were ably adverted to. has to meut exp nse in trying to get it, that “Xpense is a) (At the request of some hon. members the Chairman debt aad*should be pad. | here read the Deepatehes )

Hon Atroxnmay Genres, —The hon member. from | nat Address includes all the principal points which New London (Mr. P. Sinclair) is incorrect in bis state- should be brought to the notice of the Home Govern- ment respecting the profit a creditor would have it he had | Mees but (¢ was ime fivetual in regard to the object the a number of persons sued at one, for if he had fifteen or '4'€ Guveriment bad in view. Before the present Gov- twenty be wuuld only get mileage for one of them. ernment came into office the Colony was tied down not to

on . | ive ‘ >. ‘ . " « © + i ~4e—ilan Mr. Latko —The onivergal castomo! the country give the Private Secretary any allowance, and even the

has been that the-piaintff shoald vet no fees, and L think | small amount whieh had formerly been contributed was tus should be considered in dealing with the question. discontinued. Since ‘wat, however, the subject has been Many persons make a practice of giving out tuings on | reviewed by both parties in this House ; but it is an ae- veredit, and a creditor might have a hundred persons sacd “ut once, and if you allow bim witnesses’ fees, you wil} be ed not to voce for the salary of the Private Seeretary ; J fayuring him at the expense of hie debtors. There is have been informed by the bon. Leader of the Opposition also another point that should be attended to. When a_ that this was the ease. Lon members, however, sume person happens to be in Court, and is called upon as « | mes Change ther opinions and they acinowledge it, I | witness, he receives no travelling expenses, and I think | C¢®Mvt agree with one of the statements in the Despatch the same rule should apply to a plaintiff, _betore us. for we know that a very large sum has been ex | Me MeNeiut.—If this question bad not beenstirred up P’eded on Government House ; this can be proved in the at all, it would have been well enough, for it was a © "aresi manner, L cannot see that the proposition of the general beliet that a plaintiff was not entitled to any fees; Imperial Government is just or fair in any light mm whieh but, since it has been made known, it wouid be well co ')% Viewed, and therelure 1 think it is the duty of the _have the law amended. By ailowing fees to a plaintiff Legislature to press the same facts that were brought ‘he will have an inducement to resort to tie law for the frward in 1465, | recovery of his debts, and | think there should be some- | ®'!@™ent will not change their views on this matter; well, thing tu prevent this. /perhaps we will not change ours either I beg leave, | Hon. Leaner or tae Opposition —I cannot, Mr. Chair- | Shetelure, to submit the foliowing resolution :—