oF

ms more commedious Marker House: that opinion is that the | one: should fall upon those who would derive the greatest ad-

A Weekly

Hournal of

) Nees

olitices, Literature, and Alews.

“Dhis is true Liberty, when Freeborn Men, having to advise the Public, may speak free.”---Euripides.

ek Charlottetown, Prince Edward Island, Tuesday,

i. . ° ° . such as to narrow or resirict competition, A great number of| croached upon or applied to other purposes subversive of their | the Reign of Her present Majesty, intituled ** An Act to Provincial Parliament. | | | e& ;

persons, it was wel| known, attended the market with produce original intention.

jand wares for sale who had no stands or stalls in the Market LAR LELO LO LOLOL LOLOL ty, | House : and al! the

LEGISLATIVE COUNCIL.

Tuvrsday, March 8, 1860. PROPOSED ERECTION OF A NEW MARKET HOUSE.

Ordered, That the said Memorial be referred to a Special

inhabitants of Charlottetown who had) Committee to report thereon by Bill or otherwise.

| families to provide for were aware that they could buy pro-| Ordered, That Hon. Mr. Palmer, Hon. Mr. Swahbey, and

| visions from such outside vendors at one-third less than they Hon. Mr. Hutchinson, be a Committee for that purpose.

Could bay from those who stood in the Market House. Whilst

‘he certainly would desire to see this outside competition con- MESSAGE FROM THE HOUSE OF ASSEMBLY.

/unued, he would, at the same time, earnestly desire = | A Messace from the House of Assembly by the Hon. Mr.

| some such open erection made, in connexion with the Market | . oy . . . * :

i: His Honor Mr. Palmer presented to the House a Memorial | [jouse ee he thought mght easily be done—as would Haviland, 4 oe Pere i . which they desire the of the Mayor aad Common Counc)! of the City of Charlot:etown, | afford those free or oute:de vendors some shelter or protection ee nat ol ad ~~ a ae ounci ‘ a : praying thet (ue House wi)! concur with the House of Assem- fom the frequent inclemency of the weather. He agreed that Ha ui, tatitu ed _ ct to enable the ‘ ontrolier 0 bly in granting, from the Public Funda, a sum sufficient 10 ihe west end of Queen's Square was public property ; andthat | Navigation Laws in this Island to grant and issue Fishery purchase a Site for the erection of a new Market House, in the public right thereto should in no way be infringed. heu of the Sue originally reserved for that purpose on Queen Hien. Mr. BaGnats thought that, as the inhabitants of Char-|in Prince Edward Island, and owned by them.” Square ; and further, praying that an Act may pass — ottetown, and the people tn iis immediate nelzhbourhood, and, | ing the paymeut of the interest upon such eum as the City may co a certain ex ent those of the remotest parts of Queen’s Coun- find it necessary to burrow for the erection of a suitable iy, would be the parties who would chiefly be benefited by the building. /propesed bulding, it would only be fair that they should be

Oe

j

taine! in this Louse reiative to the prayer of this Memoria! ; | own markeis; and it would be hard should they be texed for| Legacies, and Executois, and for the settlement and des.

but I do know that, for many years back there has been only | ije erection of a market house which would be almost exciu- | tribution of the Estates of Intestates,’ and to make other one opinion concerning the necessity of our having 2 new and sively for the benefit of the people of Queen's County. The | provisions in licu thereof.”

sted-) A Bill, intituled “ An Act to amend the Law relating to | necessity is imperative. It must be patent to us al! that the vantages from it. | think the expense should net be defrayed ! Bills of Lading.” 8

present Market House is very inadequate for the purposes | oy of the public revenue. which it was intended to serve, and that, if the interests of Hon. Mr. Parmer hoped his Honor Mr. Bagna!! would be | Queen's County slour be considered, it 1s quite manifert that a more liberal when 'he question should come to de carefully dis-

A Bill, intituled “ An Act for the better apprehension of |

: i | certain offenders.”

much larger Market Honse is required for the accommodation | cussed, It would certainly be well could the principie on | The Bill, intituled * An Act to authorize a Cash Account | a of those whe supply the Cuy with mest, fish, and agricultural | wijich he (lon. Mr. Bagnal!) rested his argument be always | to be opened by the Governor in Council with the Bauk of |

prodace. And not only is a larger and more comimodious carried ; but all past experience fully proved that it could not. | Prinee K-lward Island,” was read the second time.

Market House required for the ee, on of Queen's lhe public acust very frequently be content to bear the burthen | On motion, the House was resolved into a Committee of! ‘ . > f ccommodation of the sgriculte- i ae 4 ss a be ; a : " 7 | County : itis required or the a ee wand: ‘ an | of the expense, ¢ qually distributed over the whole, incurred by the whole on the said Bill; his Honor Mr. Hutchinson in the | ral population of districts far beyond the range of Queen's jthe effecting of public works; although one portion of the | One County. [i is, however, [ feel convinced, quite unnecessary | public would be more particularly benefi'ed by their construc- [ :

to take up the tune of the flouse, by urging what we must ali | on than al! the rest ; and this had frequently been the case in| ‘! be first enacting clause—which authorizes the Governor |

| Licences to Citizens of the United States, for Vessels built |

| <A Bill, intitaled “ An Act for the amendment of an Act | The second enacting clause provides that if any letters passed in the sixth year of the Reign of Her present Majesty | an : ’ , Queen Victoria, intituled ‘An Act to repeal an Act made | fand a ge s the United Kingdom of Great

Hon. Mr. 'aumen, after the Memorial, &e., had been read | igde the chief coutributors to the expense of its erection. The jand pany =e a — Reign of rae with whieh ats tied ow yaiies ead he sat S pee by the Clerk, aad: 1 do not know what opinions may be enter- | people of Prince County and those of King’s County had their | Weorge the a Cee eS Se re, not be prepaid, or shall be paid but iu part, a ties and

April 17, 1860.

"New Serles.-No. aa.

provide for the transfer of the Inland Posts within Prince Edward Island,” by rendering compulsory the prepayment of the postege chargeable on all letters posted in this Island and addressed to the United Kiagdom of Great Britain and lreland,—was unanimously agreed to.

' | _ The first enacting clause enacts that at and after the | expiration of three months from the passing of the Act and its publication in the Royal Gazette of this Island, all letters ‘and pockets which shall be posted in the different Post Offices within this Island and addressed to the United King- dom of Great Britain and Ireland, shall be prepaid.

This clause was anavimously agreed to without any dis- cussion.

(or packets shall be posted in any Post Office within this

packets shall, notwithstanding such nou-prepayment or that the postage shall have been paid but in part, be daly for- warded to their destination, and shall be chargeab'e with the amouut of postage due thereon, and, in addition thereto, with a fine of sixpence sterling money of Great Britain for each letter or packet, the postage payable on which shall not |

have been paid, or shall have been paid but in part; which

said Giaes and all moneys arising therefrom shall be divided equally between the United Kingdom and this Island, on. Mr. Horcutyson—Had this clause been in the Bill of last year, the Bill would not have been opposed hy me, s the Bil! then stood, I was impressed by it with the idea that all non-prepaid and all insufficient prepaid letters,

admit, the necessity which exists for the coniemplared erection. All who, on «a market dey, see the vast nou.nbers of males and females who are crowded into our litte Market House—many of them highly respectable persons—io e¢xuse for sale thei egricn)iura! produce, or the work of their own hands, must be forcibly struck with the necessity. Indeed, in the Spring and in the Autucnn, it is quite deplorab ¢ to see the inconvenience and exposure to the inclement weather cuffered by many of the tarket peop'e,of both sexes, who, excluded from all shelier, have to stand around the Maiket llowse, or inthe Square, waiting t» :spose of their wares. There have been numerous cases, I doubt not, in which the death of ind.widuals could have been fairly traced to colds caugh: by such exposure. The inhabitants of Queen's County would, I doubt nat, willingly sanction a very liberal grant for the convenience of themselves and their famlies; and, | think, the majority of the other | House will be tound well disposed to make a liberal grant. } But, as for the Government's granting. or appropriating, the piece of ground in Queen's Square, western side, as a site for a Market Louse, as prayed fur by a Memorial of the Mayor and Common Council, addressed to His Excellency the Lieut. G.vernor, in Counci!, I myseif think it would be great, even barbarvus, iimpolicy to comply with the prayer of that Meino- | rial, even were any authority ves'ed ia the Government to give

atrle tothe City, or to any other pary, of the proyerty re-

ferred to in the Memorial. ‘The Square was set apart for orna-

ment and exercise ; and its capsbiiities for such purposes have | beea much admired by strangers; and should they who

ougiit to be the guardians of the taste, as we | as of the health,

}erection of a suitable building; and take upon themselves to

| payment of the interest out of the city funds. jtamnly a very fair proposal; and he thought very few persous

| Prince Edward Island, as witness our Jai's, Court Houses, to open a Cash Account with the Bank ef Prisce Klward

Fyffe’s Ferry Bridge, Souris Bridge, and several other public Island, and to borrow and receive from such Bank sach sums structures in different localities, the expense of which erections | of money, not exceeding in the whole the suin of ten thou-

has been defrayed out of the public funde, although, so doubt, | gang

nore especially so for the benefit of the inhabitants of those secticns of the country in which they are severally situated than for that of the public in general. It was true the corpo- ration would be expected to contribute out of their revenue Fhey were fully aware of the propriety of their dving so; and | he thought they hal offered very handsomely considering the smaliness of their revenue. They would raise money for the erect.on of the building, provided the Legislature would pro- | vide a site and gusranmee the payment of the interest upon | such sum as they might find i necessary to borrow for the

pay the principal by instalments, (pledging the sail property | tor that purpose) and also to pass a bye-law for the semi-annual | This was cer indeed would object to the Legislature's making an appropr- ation sufficient tu enable the corporation to purchase a su'tadie site.

lion. Mr. RagNaceu explained that he did not wish to oppose | the contemplated erection; but he thought the parties who would be chiefly, 1f not solely, benefited by it, ought to pry back hereafter to the Government whatever sum might be appropriated by the Leyisisture in aid of it; and that suitable and binding arrangements should be made to ensure such renmSursement.

of our evizens ©owe t, now that there is an opportunity to re-3+477ay, Mr. Hutrcoiwsoxn—On my return from England to

move the Marks t House with all vs surrounding impurities, trom our cmef Square,to have another of more extensive dimensions erected on anoiher portion thereof. their mearorice would deserve anything but veneration from posterity. The Square is already crowded and disfigured—alienated from the laudable purposes for which i was originally reserved —and should the Leg:siature now give way to private feelings, and to a consideration of the tedividual accommodation of a com- paratively snail section of vuc cit zens, Queen's Square, in a few years, u-t ad of being, as it ought to be, a spacious, free, and ornamental area, would present to the eye nothing hut a close mass of public buildings, unsighily aad detrimental! to health from th@ir proximity to one another. We know that, even m this Building, neither of the Houses of Legislature, nor the Courts of Law, have sufficient accommodstwons ; and should the (ime arrive, as in ali probability # will, when an enlargement of these accommodations shall be found absolutely ; necessary, the consequence will be a stil! further encroachment! upon the space originally reserved for a'r, ornament, and exer- cise ; aud, if these enlargements be made after an extens.¥° Market House shall have been placed upon the Square, no | space will be left for either ornament or exercise; and our | children will have much reagon tc reproach our memories for having consented to the enroachment upon the liberty of the citizens, made by the ereciion of that Market House upon the Square. , dence which hae taken place berween the Mayor and Conmon Council, the Recorder and the Executive. The Kecorder soya he is of opinion that it would not be competent for the Cuy Counc:] to pase a bye-law for the erection of a pudiic Market House upon the site in question ; and, in that opiniwn, | fally comcide. Rut I disayree with the Recorder as to hs opinion that the Government may assent to 4 bye-'aw autherising the erection of a Market Hluuse onthe land in question, Such suthorizal.on cannot be given except under the sanction of an Act of the Legislature. But whether the east end of Queen’s Squere was originally reserved fur the erection of a church or court hou-e, the public have acquired an indefeasible rizht w the west end on which the town hal! or old court house now stands. A part of the prayer of the Memorial 1s to the effec! that the Legislature will be pleased to pass an Act guaraniee- ing the payment of the interest upon such sum as the City might find 1 necessary to borrow for the «ection of a suitatl- building for a Market House; the Cuy taking upon itself to pey the principal by instaiments, to pledge the said preperty tor that purpose, and als» to pass a bye-!aw for she semi-annual payment of the interest out of the city funds; and in the po- priety of \s prayer | fully concur, and would willingly assent to & comp|iance with it on the pert of the Legisiature. But | hope that « regard for the health and the convenience a: d exer- cire of the inhabitants of the Cuy, as well as « desire that the Square enall be made ornamenta!, will be found so genera! in the Legislature, that the proposal fer the erection of a new Market Iiouse thereon will receive « decided negative from them. «hich, although not quite ae adventageous as tie west end o! Queen's Squsre, might, nevertheless, be well adapted to the purpose. it would perhaps be inproyer, on my part, to deeig- nate euch a eitustion; but | may remark that, as a large, 4 very large Market House ts required, because most of the vast quantities of produce brought to the City will find its way to it, the si'¢ ought to be secured in a large, oven, and airy space. | have nothing further to say concern'ng the question ai

tron; and I shall therefore inove tha: the Memoria! be referred to a Special Commitree, to report thereon by Bil or otherwise.

I do not know, however, that any measure founded on the |

Memoria’ should originate ia thia Hose; but a report may guide us on furming an opinion as 'o whether the ianiative ought to be taken here or in the other House. ,

Hon. Col. Swaper eaic there could at be two opinions upon the question of the necessity which exists for the erection of a much: larger and more commodious Market House ; and ail, he thought, w#hw h could prevent its being mmumediately uadertaken would be the want of avatiable funds. ti was we! known that the city finances were not sufficient to warrant the undertaking on the partof the corporation, mdependently of very considerable legisiative aid ; and neiber, he feared, would the state of the public finances pera a sufficient appropriation to ensure ris accomplishment ; but shou'd the other House fre! themselves warranted in makirg the necessary appropriation for that purpose, this House, he felt certain, would cheerfully concur therem. He, however, poped that, when it ehou'd be engages im, due care would be taken that, by the preparing of proper pans and specifications, and taking care that the con- tracts wore sufficiently precise and binding, that no bluuderng or failure should occur about ut.

Hie Honor the Prestpewr observed that if the undertaking:

was to be deferred untii the Colony should be out of debt, or»

surplus of revenue should enable the Legislature to make the.

necessery appropriation in aid of it, mt would indeed be difficult to say how long it would have to be postponed. It wae certein that the corporstion, out of their smal! revenue, could not

erection should be made entirely at the expense of the corpora tion, ewen if their funds were equal to ; for although the in habtent« of Charlottetown would be especially benefited by the aceomplishment of the proposed undertaking, it was as much required by the country population particularly, although not exe uswvely, of Queeu’s County, who would derive ag many ané a8 creat advantages from it as the citizens themselves.

| see, that, annexed to the Memorial, is a Correspon- |

| think there may be found in the market situations, |

this Island in 1817, there was a small market house on Queen's Sqnare, where the Colonial Building now stands Phat, shortly after, wus moved down to the side of Queen Street Wharf, and fitted up for a Fish Market. The present market house was then erected, on the site of the old one. W hen it was in contemplation to erect the Colonial Building. the Building Committee appointed to superintend its erection | caused tlhe market house to be removed to the site which it} now occupies. When the town was incorporated, one of the first Acts passed was an Act for regulating the market; and a bye-law was passed for enclosing the space allotted to it | Yes, forty-five or fifty years ago, had possession of the site on which the market house at present stands: up to the present moment they have, without let or hindrance, retained that possession ; and, moreover, since the town was incorporated, the Mayor and Common Council agreed to a bye-law for the railing in of the site, which bye-law, having been confirmed by the allowance of the Lieutenant Governor in Council, has

/ become as much a permanent law asif it had been a clause

of the Act of Incorporation. lam, therefore, much surprised to hear it stated by the Honble. the Leader of the Government that if the people of Charlottetown ever had any claim to a site for a market house on Queen's Square they have lost it by having neglected to erect one thereon. This is not fact ; for, as I have already said, they have, certainly. for the last | fifty years or more, uninterruptedly asserted their right to a site for a market house on Queen’s Square, and are, at this | moment, in the full enjoyment of it. I, therefore, maintain | that, both in virtue of prescriptive right and in virtue of written law, the site on which the market house now stands

‘is the property of the citizens or the Corporation of Charlot-

tetown. Ifthe corporation had been put in possession of any | other public lands, they might have sold or ar prupriated some of them for a site for a new market houve; but now, as the ease stands, if the market is to be removed from Queen’s

‘Square, and a new market house is to be built elsewhere, it

would be most unreasonable to expect or require that the cor- poration should effect the change, how desirable soever, out

jof their own funds, which are insufficient to defray their ‘ordinary and necessary expenditure ; and which, be it ob-

served, are derived almost wh. lly from taxes imposed upon poor people. No: it is quite enough for the people of Char- lotte‘own to have to pay taxes for police, water, and the re- ptiring of the streets. without being called upon to purchase sites, or build market houses or whar's.

Hon. Mr. Stvrson — His idea was that Queen's County alone should be assessed to the amount required to effect the erec- | tion of the propos d new market house. Eventually, in all probability, King’s ‘‘ounty and Prince County would each requice similar accommodation; and, when such necessity should arise, each of these counties might be separarely

, taxed to supply the want, as he proposed that Queen’s County i should be.

Hon. Mr. Jonxsox maintained thet, as the market house wold, directly or indirectly, be for the general benefit of the whole population of the Island, the vorporation of Charlotte- town were fairly entitled tu the sid which they sought to ob- | tain from the Legislature ; and no jealousy ought to be enter- tained, by any section of the country, because the market | house would more immediately, and to a greater extent,

| benefit the inhabitants of Charlottetown and the agriculturists |

of Queen’s County than it would those of Prince and King’s

| Counties. This concern, however, for the preservation of the present then that it ie one which requires especial considers- |

health of the inhabitants of the city, and his regard aiso for the beauty of the city, indueed him \o give his decided opposition to the proposal for the erection of a new market house on aay portion of Queen's Square. The noxious effjuvia arising from the great amount of decaying vegetables and animal refuse deposited upon the Square, in consequence of the holding of our markets thereon, greatly endangered the healci of our citizens, as was truly set forth in the Memorial of the Mayor and Common Council; and the substitution of a new and larger market house upon the Square for the existing old, unsightly, and most incommodicus one, would certainly in no way diminish the danger arising from malaria, generated by decayed and decaying animal and vegetable matter de- posited thereon ; and might, very probably, greatly incre se it: and the still further diminution, by such an erection, | of the already too much diminished space left to the citizens for air and exercise, would necessitate the complete abandonment of. any idea which might be entertained for the fa ure adornment of the Square by the planting of trees and shrubbery, the laying down of grass plots, and the intersecting thereof by gravelled walks. Indeed, so much was he opposed | to the proposition for erecting the intended new market house on the reserve partially occupied by the City Hall and the Post Office, that, rather than consent to it, he would agree to a vote of a sum, out of the public funds, sufficient to effect the removal of the public buildings already placed upon Queen's Square, and to erect them anew, in other situations in which

‘they would not infringe upon the rights of the public to the | public equares,—their own property,—the property of the | people at Jarge,—which onght, from the first, as it was in- accomplish tt; and neitherougit to be expected that the co ;

| the planting of trees, and by being otherwise tastefully laid

d, to have been rezerved to be embellishsd by shrubbery,

out for the adornment of the town and the healthful and pleasurable recreation of the inhabitants. His Honor, in con- clusion observed, with much emphasis, I consider the public squares of the city to be so constituted by Royal appointment, and are so mach ander the guarantee of the Crown, as the Highways of the city or Island generally, and I[ will never.

The bu:iding would certainly have to be a very large one ; but consent tl.at a foot of the area so granted by judicious and |

he would not like that the regulations ¢oncerning it ehould be | Royal will, for the public health and recreation, to be en-|to amend the Act made and passed in the fourteca:h ycar of } i

Colony are pled

pounds, as may be necessary for the use of the Colony,

in such amounts as may, from time to time, be required under | '° be so framed as to give absolute power of detention of ‘su.h conditions, and upon such terms, stipulations, and | '*tteTs for non-payment to the Post Office sathorities ; bur, agreements, for the payment and repayment of such moneys | °* respects the present Bill such power has been waived, and for the management of such Accounts as by the Governor | and the coms ulsory power is qualified by the provision that | in Council may be established, preseribed, and directed, with jall unpaid or insufficiently paid letters chal be charged with | ‘the consent of the President, Directors, and Company of the tee amount of deficient postage, together with a rate of six- said Bank,—was unanimeusly agreed to without any dis- cussion,

The second, which provides that, for the repayment of all | the moneys borrowed under the Act, and for the final pey-| es 2 : at me oa ; ment and discharge of the balance which shal] be remaining = Is!énd, tee Administrator of the Government for | due and unpaid on the final closing of the Accounts with |@° "me being, by and wiih the consent of the Exeeative

the President, Directors and Comyany of the said Bank iged and rendered liable, subject, neverthe- less, to the pricr liens, pledges. and claims of al! Treasury Warrants and Delentures which shall be outstanding and unpaid, at the time of contracting any debt or debts under and by virtue of the provisions contained ia the Act,

The third provides, that an Account of all sums borrowed or repaid, under the Act, with the date of the loans and re- payments respectively shall be laid before the Legislative Council and the House of Assembly, each Session, so long as such an account is muttally kept open.

The conclusion of this the last clause stood as follows in the Bill as sent up by the House of Assembly :—** An Ac- count of all sums borrowed .:er repaid, under the Act, with the date of the loans and repayments respectively, shall be laid before the Legislative Council and the Louse of As- sembly, at their next Session.”

After the last clause, as it originally stood, had becn read by his Honor the Ci.airwan, his Honor the President said,— [ would suggest, as it would appear the Bil! is intended to be a permanent one, that it be provided by this clause that a statement of the Account between the Government and the Bank shall annually be laid before both Houses of the Legislature. If it is intended, by the Government, to be in force for enly one year, such iatention is not expressed in the Bil. If it is meant to be permanent, it eught to provide that the Accounts shall be laid before the Legislature year by year.

Hon. Mr. Patwrr—Bills of a similar nature are, I know,

annual in other Colonies; and I believe it is meant that.

this should be so; therefore I think it will be best to limit it to one year by an express clause.

His Honor tbe Prxstpent—lI do not wish to see it annual, ut permanent, or at least for a number of years. If it is to be annual, the clause under consideration will do very well, provided another be added to limit it to one year. The measure is an excellent one, and cannot be otherwise than productive of great public benefit ; and, therefore, whether it be concluded that it shall be enacted for cae year, or five years, or tes years, it shall have my hearty concurrence ; but I certainly would much prefer its being made permanent for a number of years.

Hon Mr. Patmsen—Oo reflection I think it would not be well that an Account extending to so large an amount as £10,000. should be brought to an abrupt termination by a clause limiting the Act to one year. It will, it now appears to me, be necessary that a pewer to keep the account open, so long as may suit both parties to keep it open, shali be given by the Act.

Hon. Col, Swaney moved an amendment to the effect that

the Acecunt should be kept open so long as the keeping of |

it open should be desired by both parties,

Hon. Mr. Patmen—I believe we have all one end in view, and that is public convenience ; and if the last clause be amended by adding those words: ‘the Act to be in operation so long as His Exeell.ncy shall deem it nec. s-ary to keep the Account open.”

His Houor the Prestpent-—It was much to be regretted that such a measure as this bad not been in operation years ago. It would, I believe, have prevented the immense dis- counts at which the cashing of Treasury Warrants was ef-

“ . > . i fected ; and public creditors would not have sustained the |

great losses to which they were subjected by those discounts. Hon. Mr. Baonatr—At the season of immense discounts spoken of by his Honor the President, the Bank Authorities

could not, for want of means, have entered into such an ar- |

rangement as this with the Government at that time exist. ing ; for a‘) their available fands were then, it is wel! known, appropriated to the cashing of iarge Bills on England.

After a little further conversational diseussiun, the amend- |

ment as above given was unanimously agreed to,

The House was then resumed, and his Honor Mr. Tatehin- son reported that the Commitice had made some progress in the Bill; and they recommend that a conference be desired with the House of Assembly on the subject matter there»f ; and, further that he was desired by the Committee to move that they have leave to sit again.

Ordered, That the Report of the Committee be agreed to.

The issue of the conference was that the amendment pro-

posed by the Legislative Coucci! was agreed to by the House |

of Assembly; and on Friday, the 9th instant, the said Lill was read the third time and passed.

Ordered, That the Bill, intitaled “ An Act to enable the Controller of Navigation Laws, in this Island, to grant and issue Fishery Licences to Citizens of the United States, for Vessels built in Prince Edward Island, and owued by them,” be read the second time to-morrow.

The Bill, intituled « An Act to amend the Act for the transfer of the management of the Inland Posts within Prince Edward Island,” was, on motion of bis Honor Mr. Palmer, read the second time.

lion. Coil. Swabey, in seconding the moticn, said: Had th's Bill been sent up in its present shape last year, I do not think that it would have beex obj.cted to by a single member of this Couneil.

| would be detained and opened; and, under such im pression, | | { opposed the Bill.

founded on the Despateh, according to which the Act was

| pence in addition asa fine, To the measure thus modified | no reasonable o' jection can, I think, be made.

| Thé clause was then agreed to nem. con.

The last clause provides that the Licuteuant Governor of |

Council, may, from time to time, cause stamps. with their |

ce af “ in } ‘ with interest, the public funds, moneys, and credits of the value printed thereon, to be sold and used as postage.

| His Honor the Presipgeyr—This House signified their | )entire approval of this provision Jast year. | ‘This clause having been agreed to nem con., the House | ,was resumed, the Bill reported agreed to in Committee, | ‘without any amendment, aud the Report received,

An Act for the amendment of an Act passed in the sixth | year of the Reigu of Her Majesty Queen Victoria, intituled | * An Act to repeal an Act made and passed in the twenty: | first year of the Reign of King George the Third, intituled | ‘An Act relating to Wiils, Legacies and Executors, and for | the settlement and distribution of the Estates of Intestates | and to make other provisions in lieu thereof.”

|

Hon. Mr. Palmer moved the second reading of this Bill. |

+ Hon. Col. Swasey asked for some explanation touching | | the changes which were proposed by the Bill. | Hon. Mr. Patwzn ~I was not aware that this Bill was to! }come up just now ; and, therefore, I am, perhaps, not so well | prepared to explain its provisions with respeet to those of the

, Act which they are intended to alter as I might otherwise | jhave been. I apprehend the principal object of the Bill is! to amend the 7th clause of the Act, th Vie. cap. 26, which |

| provides that no Will shall be valid unless it shall be signed | |at the foot or end thereof by the testator, or by some other | | person in his presence and by his direction. Of late years | /Some cases had ariseu wherein the s'gnatures of the testators | | were placed so far from the foot or end of the Wills, or| otherwise so placed as to render it doubtfal whether it was intended by the testa‘ors that such dispositions as preceded the signatures shou!d complete the Wills, or whether they | had not intended to make additions thereto. This induced | ‘the British Parliament to pass an Act containing a certain | clause providing that the testator’s signature should be) p'aced at the end of the Will within a certain distance of it. By this very exact prescription they ran, I think, into the|

opposite extreme; azd when it came to be acted upon, it| rendered that doubtful which would not have been doubtful |

before. he difference between the old law and the new)

‘aw, consists in this: the old law was vague or silent as to| where the signature was to be placed; but the new law)

directed that it should be placed at a certain distance after | ‘the end of the Will. Now the leading object of the present | Bull is to render, so far only as vegards the position of the |

signature, every Will valid, the signature to which shall be | s0 placed at or after, or following, or under, or beside, or | opporite to the end of the Will, that it shall be apparent, on | the face of the Will, that the testator intended the Writing

s0 signed to be his Will. _ _ Hon. Col. Swaney—With respeet to the placing of the signature, the o'd law was vague and indefinite; and, con- | Sequently, under its operation the signatures to Wills were. variously placed, sometimes on the side margius, sometimes.

at the end, and sometimes even at the top of the blank pa.e|

immediately, or next after the last written page of the docu- |

ment purporting to be a Will. Many Willis, or writings | purporting to be Wills so signed were set aside as null and |

void ; although very probably, many or most of such writings, so set aside, were intended to be the real Wills of those)

| whose sigbatures were appended to them. The provision of | ‘the new law, which directed that the Wills should be signed | Within a certain distance of the last line, or end thereof, was | found to be too precise, too exact ; and it has, therefore, been |

ao. c)

repealed by the Parliament of Great Britain; and, by its

last enactment on this most important subject, Wills, how-} ever signed, when it shall be apparent on the faces the:eo!| that they were intended by the testators to be their Wills, are to be held good and valid in law. Lt I understand i | aright, the Bill now before us is designed and exiculated to remove the dfficulties of both laws; and, such being its | object, it shall have my support. | The Bill was then read the second time; and, on motion, | the louse was resolved into a Commiites of the whole! thereon ; hig Licnor Mr. Pa!mer in the Chair. tiis Honor the Chairman having read the first enacting | clause——which provides that every Will, whe her the signa- | ture thereto shall te placed at, or after, or following, or | under. or beside, or opposite to the end of the Will, or other- | wise, Suall be held to be good and valid iu Law, if it shall! be apparent on the face of the Will. liis Honor the Presipent, taking up the first volume of the Laws of P. E. Isiand, and referring to the 7th Section | of the Gth Vie. cap. 26, said: This is the Section whieh | the bill before us is intended to rectify. This Section pro-| vides that bo Will shall be valid, unless it shall be signed at the foot or end thereof. This provision was, in the Oid| Ccuatry, fund to b2 very inconvenient; and, under its) vperat.op, many Estates were made Lutestate, the jast pro-} prietors of which had thought that by the writings which | they had signed as their Wills they bad duly aud legally | made a full d sposition thereof; and, very frequently, no| | doubt gross injustice was thus done to widows aud children. | | move that this clause be agreed to. | The question having beeu put thereon, the clause was agreed to nem con

|

| The secoud enacting clause, which, in substance, is as

On motion the House was then resolved into a Committee follows, was also agreed to unanimously:

of the whole ou the said Bill; his Honor Mr. Forgan in the Chair. The preamble,—which states that it is deemed expedient

| “ The provisions of this act shali extend to and be applied to every Will already made where Administration or Probate bas not already been granted or ordered, by a Court of com- | petent Jurisd:ction, in consequence of the defective execution

‘of such Will, or where the , not being within the jurisdiction of the Ecclesiastica Courta, = beea

sessed or enjoyed by some person or persons claiming to be entitled thereto, in uence of the defective execution of

such Will, or the right to be in some other person or persons than the person claiming under the Will, by a competent Court of jurisdic- tion in consequence of the defective execution of such Will.”

The third and fourth, which are as follows, were alro agieed to unanimously :

3rd, “ The word + Will’ shall, in the construction of this Act, be interpreted in like manner as the same is directed to be interpreted under the provisions in this behalf contained in the said Act of the sixth year of the Reign of Her Majesty Queen Victoria, intituled ‘An Act to repeal an Act made and passed in the twenty-first year of the Reign of King George the Third, intituled «An Act relating to Wills, Legacies, aud Executors, and for the settlement and distribution of the Estates of Intestates and to make other provisions in lieu thereof.”

4h, “This Act may be cited as ‘The Wills Act amend- ment Act,”

His Honor the Parstpgtr—I think this Act should bave a suspending clause. It directly affects the disposition of Real Estate ; and according to the Royal Instructions, all Acts so affecting Real Estate must have suspending clauses.

think His Excellency cannot give his consent to this Bill without a suspending clause,

Hon. Col. Swapry—Yes; according to the Royal In- structions this Bill requires a suspending clause.

On motion the House was then resumed, his Honor Mr. Palmer reported that the Comwittee had made some progrese, and that he was directed to move that they have leave to sit again.

Ordered, That the Report of the Committee be received

| U's Honor the Prestoznt—The Bill of last year was | 2°d leave granted.