I K "u.'l‘ho

HASZARD'S GAZETTE. MAY 25.

The Ben. the Arresusr Gcsaaaa. I did stats to the Executive that the proper course was that which I had taken, and they reed with me in thaoouatrusties I put upon the iii... and they allowsd‘a:y:‘ar I pass over without object- _Is. tosumod——SIill 1 think the practbi the lam Attorney General should have endorsed. Is was a incisor of t , gwbnstbe Act was passed and must have . 11% of B. Upos.tba discovery being made that a contrary practice could be , the Act should have been amended. ublie naturally draw conclusions ' onor, when it is seen that the by the construction put Gnsaral hirasel

‘rs. public will the naplanatiou jun-tifiod in oahobsadsas. under hioiatcrprotatiott of It was with sview toprovout there- instance

t upon that he ullod on to upon have gone into the Tres- uf tho oflosr would have the res& of imputations, such have been heaped upon him. Alosnoy General acted according to ceaeidorodtbe intention ofthe Bill, and isamatatsr ofrognatthattho praeticeheintro- wnsdepartod Ill The Ben. the As-renuur Gllllah. it was noithm the intention. nor is it no ox rcsoed.

The Hon Mr. Hon. Upon st question a

dibroneoof opiaios exists; andl repeat that a argument is ahrdod b what has occured, for the so which I have felt it my duty to give to the ion '

The Hon. Mr. Swain. I do not profess my- self to he ompotsnt to give legal opinions, but with reprd to the intsrpremtson of the clause which in bus. ed friend the Attorney General read, I deny that there is any am- biguim in it whatever, and I conceive from what has flora him, your Honors are satisfied that the course he pursued was, under the cir- cumsmnces, the one which it was natural for himto t; bosidae,tho very fact ofhis having ' p ' ponder the Acttothe kooutivs Council, and their not havin diss -

of the mode of procsedure he

' f bound to follow, it must exonerate him Ecru much of the blame which would otherwise atmch tohim inths mindsof even those who thiukhiscoursewasawrou one. has n rated flat the Maatsrof the galls had said-and would desire no higher anthorit —-that if only flie “ " t been inserted in the

be because posed, in the dupe of costs, was of so trifling a nature, that the interest on the amount of the land tax would Br more thaupayflie cosh lsay thatsuchan ' ' has t wombat on in mind. our nors must retain tlmt is bill contains

a clause to all titles m lands heretofore cold by the Sher-ii under the land Assessment , ' of which is a strong corro- view of this sub’ t mken at it does

E";§§:

tor nutiha.beBrn4ifdn3:.ions. shun, wt at the samsdma I thiitritwill be nocosmriinbge-ll than or bur m are over, or to so front

1 ii

9»! ‘gr; gpggtr §‘i..%=iE:g¥al iifiilz-Erie E :.* 3%; 3 5%?

bislescri

' Prince Edwar

Joseph Pope, roasurer u.t. I438 sun» nl l:tu . part 0f'I‘:iwiiship No. I. Costs lll ihi~ r:n;«- 1.21.3 9 “ 1 tax this Bill at nine putilitlb tlirce slilllliigts Ind nine pence, lpportioii each I00 IIOIOIWO pay the sum of twelve shillings and ten pence Dated tho 28th May, l85‘2. ' lgned JAIIII, H. Parana. Assistant Judge.” “ I do hereby certify that the above is -4 true copy of Judge Peters‘ allocatur on the Bill ‘red in this case, and I further certify that the Bills against each Township were similarly tuned by him in the year I859 Durst. Honcron. Prnthonotsry. His Honor the Attorney General likewise

not require any Act of Parliament to render valid any of the proceedings which be had taken under the late Act”

The suggestion proposed by the Hon. Mr. Hensley was, in conference, agreed to by the House of Assembly ; and the Bill an amended was agreed to and passed by the Legislative Council.

Hausa or Assnsanr, Saturday, April 9, I853.

NIEL DAREACH3 PETITION.

House in Committee on the Rbport of the S cial Committee appointed to report on the Pgiition of Neil Dari-ach—Hon. Mr. Jnrdine in the Chair.

(Report)

Your Committee to whom was referred the Petition of Neil Darruch, complaining of unjust oceedings in an Action at Law, sttho suit of Harry Bontiselt Cumberland, have to report, that, having examined sovsral witnesses (the minutes of evidences are here- with submitted). and liltewiso Petitioner's Lease, Ilocei is, and Vouchers for Rent, &c.—They find that arry Bsntinck Cumberlsnd's Aitorue issued two write at different iods, for Rent an Arrears of Kent, against Petitioner, obtained jud ments and levied two executions, respectively for t e sums of £44 12s. 6d. and £87 12s. 6d. ; and your Committee on examining the Lease and Vouchers, and the - riods for which the Kent was claimed under the t Writ: Find that the sum of £8 l8e 2d. only was due and owiit to the said H. B. Cumberland, as will appear more ully by the Account hereunto annexed, as made up by‘ the Committee from the evidence before them. is Agent and Attorney having made

due under the Covenant of the Lease ; and for which sum, together with costs, a levy was made in the tint instance for £44 12a. lid. ; and the Petitioner. Neil Darruch, not being able to pay the amount of Levy, was arrested and im risonod ; and while so imprison- ed, was served wit a second Writ for Arrears of llont,—-which last suit, in the opiniwi of your Com- mittee, was unjust and oppressive; and they are clearly of opinion that, if properly defended, it could not have been supportedeither in law or equity ;— the said Petitioner, when so imprisoned (being an illiterate man, and not understanding any English) made no defence, and, in confluence, judgment was allowed to he recorded b defa 1.

Your Committee woud further remark, that the Petitioner retained an Attorney in the lirst suit. who, in the opinion of your Committee, neglected his inte- root, in confessing judgment for the sum of £50 (wbilsthe sum apparently due did not exceed the one- fourteenth rt thereof) without the consent of Peti- tioner, or his son, who was acting for him.

of opinion that the Petitioner, who is upwu seventy years has been most hardly dealt with ;that he was incarcerated for a period of nine months; and, at the expiration of that period, was uodorthe necessity, in order to gain his liberty, to agree to surrender is Lease. . Your Committee would, therefore. recommend that I-‘iRy (50) acres of Land, on Lot 66. be given to Petitioner, and that an application he made tsthe Lieutenant Geanracr to that street. Insiunaanv Davies. Lnsxaxvnna Laiun. Alr.r.an FIAIIB. Iaancrs Lorrowcarn. Committee Room, Apri 8, 1858. Copy of Afidavit-) Island. a Supreme Court of Judicature.--William Henrly Pope. of Charlottetown, in said no or Ientinck Harry Cumberland, and Mar arct William Tr on Cumberland, his Wife, malteth and saith, t at Neil Darruch is justly and truly in- debted to the said Bentinelt Harry Cumberland, a Ilsvgnret William Tryon Cumberland, his Wife, in the sum of Thirty-four Pounds and n words, for tho arrears of a certain yearly Rent 0 Four Pounds three shillings and four pence,duo and paylhle by the said Neil Darruch to the said Beatinck Harry Cumberland, and Ma rot William Tryon Curnben land his wife, upon a by virtue of a certain Indoo- turo of , hearing date the Ninth day of Novem- ber, One thousand eight hundred forty-six, and made between the said Bentinclt Harr Cumberland, and Margaret William Tryon Camber and, is i , of the one port, and the said Neil Darruch of the other part. W. H. Pen.

Sworn at my Chambers, this Bad day of May, W.‘ s D. I-Ionosew. Com. Jlfbil Dorroelt in deer. with Harry 3. Ctunberlend.

a. lot Jan. I847-—'l'c l Year's Bert, duo Lasso

Obbbr

lst Jas. l8e8—“ [Proofs Rent, do., let Jan. 1849-" l year's Rent, do., let Jan, l850-—“ I yosr'a Rant, do., let Jan. IBM--" l year's Bent, do.,

Bflfiflfl D hbbbh

£20 16

M m—»mam

C lfltls l"ob., 1847--By amt. paid, as per Bocci t,

ldth Man, 1948-" amt. pa , March, lM9—'° amt.' paid, do., 0th May, I860-" amt. paid do., I840, 1850, and lIbl-- cct. of Labor, lance,

name ®C@§bb BOODOD

lb 3 '5 m

It Du. Tob=_alance duo II. 3. Cumberland,

era the firot claim commenced, is 196], £3 18 2 Examined Barn. Earns, Chairman. Committee Room, April, ices. V The Report and annexed account, as above givon,hav1ng been read by the hon. Chairman,- Hon. Mr. Porn. The shtsrnsnt pawl to be a proper Dr. and Cr. Account. t who made it out! Did (X tnin Cumberland! Was furnished by the P aintil‘ to the Defendant! Mr. Dsvtss. It was drawn out _by_ths Oom-

se, up to the commencement hsacti r ereccveryofsrrnms;snd,en the credit side, all the several pmu which, ' produced, they had been

id, on account of rent under the beam;

til,“ its time the action was oommmiosd, only £8 18s. ld., instead of llltnnd upwnrh asset mass the Aldavlt oflhn Agmrt and Attcra{ oftho Flahtil. *. Ir. so. [have boouiatbrarsd thatflcao-.

nrrmcs tbsdmetllhealt

&mberl’s:d'“et h me.

“in the Sqprema Court, i852-—'l‘ho llnrt.l Hon.

'withcut any kaowl

requested the Reporter to observe that “ he did.

as Afidavit to the sum of £34 and upwards being d

Onrsviewing the whole care, your Commiltco'a:‘& ‘£5! Dunc“, should

shit the sum or Thirty-tour )unds a . . D E’ u

was‘ iknntof £4 3s 4d, and by virtnwfa certain lndsuture of t.m.°§’."§.g «isms. ninth, of

‘ The account submitted to the loose in ‘ ittee is ' stahrnent: it has has eial Committee, without

of

count set forth in Capfiin Cumberland’s Books, to which reference ought to have been made, as well auto the ipts produced by the Peti- tioner. B the account trumped up by tb Committee. it would a pear tlmt it embraced all the denliri _ which been, or hken place between the etitioner and Capt. Cumberland ; whereas the fuel is, that. if Capt. Curubei-land's Books were examined, they would show a con- sidersble balance due, by the Petitioner, to Captain Cumberland, at the time when the

Lease was granted; and prove tlmt,altho the Petitioner had paid the several nmounte or whidi he held Re'ceipla,s'sico the time of his ob- taining the Lesse,ye the amount of arrears had not diminished, but rather increased the time : tor the annual rent,as it became due un- der the Lease, had always been added to or en- tered below the balance standing in Capt. Cum- b_erland’s Books; and, for the payments made by the Petitioner, he had always received credit as against the whole arrears ; Captain Cumber- land having, in doing so, exercised the {sight- to which every man of business would the Committee be was entit.led—of placing all pay- -ments against the old arrears or account, in- stead of givin credit for them on account of rents of later tea, or which accrued un- der the Lease. The Report and Statement of Account oft ' l Committee were com- pletely as parts. They were altogether founded on the representations made b one party; and, therefore, could not be l‘0ll9!0Ib. ut, besides the insullicienc and unfairness of the Report, a inst which protest,I object to the course w rich the House is pursuing with respect to the subject of it, because, instead of thereby dis- charging a duty,tliey are assumin to themselves the right to exercise functions w 'ch are uite foreign to them ; and wish to warn the cm- mittee that, if they attempt to blend 'udicial with lc 'slntive powers, or think that t. ey can lay asi e the latter and assume the former, at their pleasure, they grea y mistake their capa- city, and, by any such attempt, they will, I do not hesitate to say it, much more likely to raw down ridicule u it themselves, than to effect a redress of rievancos. The onquinry which they have instituted in nothing to me, thou h, now that it has been entered upon,I coul wish the tr-.-.tb to be poaitivel ascer- tained; but the invsstiption cannot fully and fairly prosecuted by ' ' . cannot exercise judicial authority; and if there has been any irregularity or in'ustice in proceedings complained of by t e Petitioner, such irregtilarit and injustice can be fnl y ex- hibited and r ressed onl ins court oflaw. When Darruch was in jail many attempts, I understand, were , b him, to get out; and he did his utmost to dyefrnud Capt. Cum- berland of the arrears which were due, by him, for use and new tion of his farm, previously to his taking or obtainin a of it. At length, I believe, a sort 0 compromise was en- tered into, by and between the ties; accord- ‘ to which it was s end t t the father, ' quisli his Lease, and that Capt. Cumberland and his wife should not another, of the some land, to the son, chibald Darruch; the annual rent, to be re- aerved therein, to be such as would not only co- ver and inoltidetltc rent reserved by the origi- inereaaed in

nu] Lease, but should be so ' t, the lapse ofa certain rind of cars, it would if dul paid-, anti" ' O: ' data ool_a'tm

o'f,Cnyt. Cumberland and his ifa.,aa s

the is or, Neil Drrnoh, for the amount of ar- rears due on account of use and occupation 9f the land, and for which the father was then in jiil ; and that then,'at the expiration of such period, the arrears having been so extinguished, the Lease granted to the son, on those terms, should be cancelled, and a. new one given for the remainder of the term of the father’n origi- nal Lease which should then be unexpired, grid at the annual rent reserved in the said original Lease. How far this agreement was acted upon, I cannot, of my own knowledge, sa , but. be- lieve, it was in ca uence 0 its ' ' into efiect that the Jail. Captain Cumberland is a kind landlord ; and donot believe that he hassou ht tore- oovor one furthing more, from the than was justly do to him. On the contrary, I am certain at e account fairly stated, as

that, takin into account the arrears due at the time the etitioner obhined his se, Captain Cumberland, has fairly given him credit for every payment he has made on account of rent, and that the arrears for which he has been sued were 'ustly and sitively due. I am inclined to thin that the ¥etitioncr has been ill-advised, and that it will be im ssible to make out a case for him that will r a and invss ' tion, and establish any thi in his favor. o report says that judg- ment went by dehult, but his own Attorney states that it was with the consent of his Agent or representative, his son, Archibald rrach. Mr. Lonowosrrir. it was the ssocnd.aotioit-— commenced when the Petitioner was in jail, on account of the flrst—which want by default. With respect to the statement of account referred to by the Report, and appended to it,, it ought, perhaps, to have been stated, in the B_opcrt, that it was made out by the Special Committee, who, in doing so, took the Petitioner and his receipts for rent as their guides; and, Ihave no doubt, the statement is a perfectly correct one. The whole proceedings have y, ut calmly and impartially, reviewed by the Special Committee; and l, as a member of the Com- mitten, hesitate not to say, that they are, of the kind, the most harsh and severe I have ever heard of. e Petitioner it plainly appears, a Lease of his form, l'rorri Capt. Cumberland and his wife, in I846, when no arrears of rent, on ac- count of the said farm, worn stated, or admitted, to be due, by means of any document signed by him; and, as most satisfactorily proved to tho.3peci- sl Committee, by the production ofliin Reset for Rent, he had from the tline of his taking the ease, up to the time, when the nut action was coni- menced against him, been very regular in the discharge of the Rent arising under the ‘Lease. Yet. ttotwitliatandirig the regularity 91 his pey- merits, hrdnds, to I51, that an action ll osm- meseod against birn,.is the Sn ms Court, in the some of Capt Cumberland and his wife fm arrears or Rent under the Loose the basis of the -Mt-‘~«,".*.'u*.:."‘:.-:‘*'. yo at. urnra an wi a .1: ..”e..i'.‘f lifls arrears of a cartels yearly

H‘ O

bvybim(Nod ‘OHM N

N 0f

- I

- man, on account of these jud

°wi

it is in his Books would shew the Committee, I.

per cent added to them. The r man was, no doubt. astonished beyond measure when the claim and its nature were made known and explained to him; and, ignorantof any other means by which b could -hope to ward it cl’. he feed an an Attor- ney to defend the action is the Supreme Court. The time or trial arrived, but the Delbndant’s Attorney, instead of putting in a full and qloiont defence to the action, as the Special Committee are persuaded he might have done, allowed judgment --hr some unaccountable reason: hessys by con. sent of his olient—to be entered up against the Defendant for more even than the whole amount. erroneously set forth as due, under the Lease. by the Aflidavit of the Plaintili’ Attorney, although, in fact. there was no more owing, upon and by irtne of the Lsass,to the Plaintiflh, than £3 18s 2d. Besides, the Special Committee had, by the evidence of two other Counsel, that Archibald Darruch, the son and agent of the Defendant,

3 Neil Darruch, being dissatisfied with the proceed-

ings of the Attorney General, to whom the defence ofthe action had been ori inslly entrusted, feed them to take up the dances; that they,

accordingly, went into the Court for that per but found that the action had been ccnfosse . by the Attorney General, as Counsel for the Defen- dant, and 'udgment recorded; and that, therefore, it was too are for them to deny thing in the matter In ndverting to the Counsel so rotnined.it isduo to them to state. that finding they could do nothing to extricate the r man from the difliculties in which he was immeshod. they returned their fees. Afterwards on Execution was issu , against the Defendant, u n the judgmentso recorded, whore- ou the Sheri was directed to levy £44 19s 3d,- .€l5 of this sum being the costs of the Attor- ney who brought the action; and the conse- quonco was that the poor man was arrested and imprisoned; and, whilst in ' ‘I, served with another Writ for Arrears of nt; and, being uite an illiterate man, not even understanding nglish, he know not whether the Writ was some further proce on account of the former action, or altogether some new rooeoding. In fact the poor man knew not w at it was, nor whatto make of it, until he was informed. by the Jailor, that another judgment had been entered up against ‘in on account '. us, two jud moot together amounting to £82 5a, were ob ined against the Petitioner, when, in my opinion, all that he owed to the Plaintilf, on account of ar- rears of Rent, was only £3 18s 2d. The r «$3.:

ents has su imprisonment for nine mont s; and, in order to obtain a discharge from emyand his release from jail, has been obli to ‘surrender the Lease of his farm, whic , I understand._ is a ver valuable one. He has certainly been treated great harshness and severity‘; and few things can be plainer, I think, than that the or man and his interests have been sacrificed. will not, however attempt to decide how or on what grounds that sacrifice was made; but I do not hesitate to declane that according to my opi- nion, the jud ents were tinwsrrantab o rained, and, think, the Plaintilb’ an the Defendant's Attorneys are both alike culpable with respect to them. he or man who has thus been cruelly and unjus Hv deprived of his firm, is 73 years of age. is case certainly demands more than more sym thy at our hands, if it be in our wer to a rd im more; but I do not know w t course to recommend for his relief, unless it be that progsed in the Re rt of the Special Committee, e to im of 50 acres of Land, or otherwise whic would, perhaps be better, the voting to him of a sum of money to bring case spin fully fairly before the Sn o . - » .

Mn. ac. Bolero. malrinu their Report,.the Special Committee shouId,.l think, hsveitnstituted such enquiries as would have been I‘ ely to show them whether any arrears of Kent were due by the Petitioner at the time of his obtaining his Lease, or not.

Ma. Davies. What further information con- Plalnliflh’ Agent and Attorney, to be due upol and by virtue of a certain lndenturo of Lease, cou the Committee require than was afihrded then: by the Lease and the Receipts for the payment of Rent which accrued under it? And what protec- tion could a tenant have against un'uet demands, on account of Rent, by or on boha f of hislsnd- lord, if Receipts were not to protect him to be allowed to stand against Rents alleged to have seemed under his 1 a case under consid- eration ef the Committee is, lthinh, the worst of the ltind that has ever occurred in the Island. , It can scarcely be imagined how, under the color of