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House or ASSEMBLY.

. SATURDAY, January 28th.

In the House of Assembly, this day, Mr. D. Macdonald presented the Impost Accounts for the District of St. Mar- garct’s.‘

Mr. Yeo, with leave,» introduced a Bill to amend the Act regulating the floating of Logs, Scatitliiig, and other kinds of Wood, down the rivers and lesser streams in this Island. Second reading on Tuesday next. -

The Hon. J. S. Macdonald moved that the House do come to a Resolution, as followetli :

‘f That in order to expedite the business of the Legis- lature, the House should not insist on the privilege claimed and,’exercised by them, oflaying aside Bills sent fi‘om the Legislative Council, because they impose pecuniary penal- ties; nor oflnying aside Amendments made by the Legisla- tive Council, because they introduce into or alter pecuniary penalties in Bills sent to them by this House; provided that all such penalties thereby imposed, are only to punish or prevent crimes and offences, and do not tend to lay a. bur- then on the subject, either as aid and supply to Her Majesty, of for any general or special purposes, by Rates, I‘olls, As- sessments or otherwise.” '

,And the motion being seconded, and the question pttt thereon, it was agreed to by the House. _

*Ordered, That the said Resolution be :1 Standing Order ofthe House.

LIMITS AND RULES or JAILS IN Tm: srvanr. cormrrss.

,The House went into Committee on the Bill—Mr- D. Macdo-

paid in the Chair. v 7.Mr. Douss, under the impression that the bill before the House embraced the provisions relative to debtors having the benefit of Jail limits, pointed out the very great impropriety of granting this indulgence to persons havrng friends resident within the liberties; by which means fraudulent debtors were frequently enabled to retain possession of property which ought to be made available for the payment of their debts—were enabled, tn fact, to set their creditors, to a certain extent, at defiance—were, mos: unfairly, permitted to secure to themselves all the comforts and advantages of a home; and felt indeed, perhaps, very little more restraint than some of their honest and suffering creditors.

Mr. THORNTON objected to the irrelevancy of Mr. Douse’s observations. , _

The Hon. Mr. POPE expressed himself to the effect that insolvent Debtors ought either to resign whatever property they 'nllglli

ssess, for the benefit of their creditors, or be deprived of their iberty. He added, that Mr. Douse’s observations would apply, when the House should cotne to the consideration of the Insol- vent Debtors’ Act.

Mr. Corns here observed, that the Bill under, consideration went merely to define the limits or liberties of the Jails, and had nothing whatever to do with the question, who ought, and who ought not, to be entitled to the privilege ofthe liberties, and called upon the Chairman to read the expiring Law. This request having been complied with, the attcntion of the Committee. was dii'ected, by Mr. Coles, to the great extent of the limits of the Jail in Prince County, which extends over the whole of Lot 17.

The Hon. Mr. Pore explained, that at the time the Act defi- ning the limits of the Jails was framed, there were no certain or known boundaries by which the limits of Prince County Jail could be defined, except those ofthe Township, and it was thought better that the limits should include the whole Lot, than that, by

, any narrower but uncertain boundaries, they might be left dubi-

ous. He also added, that unless the House should direct narrow- er boundaries to be marked off, they would, for the sake of cer- tainty, still have to remain as they are.

The Bill was finally ordered to be engrossed, and to be read a third timg on Monday the 30th inst.

On motion ofthe Hon. .1. S. MACDONALD,it was resolved that a supply-be granted to Her Majesty. ’

\

MONDAY, Jan: 30.

Read a third time and passed, a. Bill to continue the Act rela- ting to Jail Limits. v

Mr. THORNTON gave notice that he would move for a Special Committee to be appointed to report on the present increased rates of Postage between this Colony and the neighbouring Pro- vinces,‘with aview of founding an Address or. the subject to His Excellency the Lieut. Governor, and to report on the Post Office Department generally. ,

LIHLIHAC-AULAX brought forward a notice, having for its object the exemption from postage of all communications on public business, and of papers relative thereto, forwarded through the Post Office, to or from Members of the House. during any of its sessions. He contended that it would be very unjust, that either a member or his constituents should be taxed by the charging of postage on any cémniunications, or transmissions of printed papers, which attention to public business, or interests on either side, might render necessary. He thought that the difficulty on this head might, perhaps, be got over by directing the Post-Master to keep an account against the House of all postages charged upon arty communication to any of the Members thereof,-—1—the House agreeing to provide for the payment of such postages at the end ofthe session. '

Mr. Eaascn observed, that such communications formerly were franked; but that alterations in the Post—Office Department may recently have been made withholding that privilege. if any such, however, had been made, he was not aware of them-

The SPEAKER informed the House, that he had held a conversa- tion with the Post Master, in which he was given to understand that in consequence of the srrict orders lately issued to Post-Mas. ters, he expected the House would be deprived of the advantage enjoyed by former Houses, of free communication through the Post Office with their constituents. .

Mr. COLES thought the withholding of the privilege would be very hard upon the House. He also complained that sincethe recent alterations in the Post.0ffice, the postage charged upon letters from Halifax to Charlottetown was ls. lid. instead of 8d. as formerly. Mr. C. expressed a hope that the Honse with re- ference to this subject, would comply with the suggestion of Mr. Macaulay.

Mr._ Secretary Haviland, by command of His Excellency the Lieutenant Governor, delivered the following Message: H. V. HUNTLEY, Lieut. Governor.

The Lieutenant Governor transmits to the House of Assembly, copies ofthe following Despatches and Docu- ments, VIZ :

No. 1,—Despatch from Lord Stanley, No. 19, dated 4th April, 1842, in answer to the Joint Address ofthe Council and Assembly to the Queen, congratulatiiio‘ Her Majesty on the Birth of the Prince of Wales. a

No. 2.—-Despatch from Lord Stanley, No. 21, dated the 27th May, 1842, in answer to the Joint Address of the Council and Assembly to the Queen, praying that Corn and other articles, the growth ofthis Colony, mav be admitted into the United Kingdom duty free. [Cari- not be granted] .. ,

No. 3.—-Despatch from Lord Stanley, No. 24, dated 16th June, 1842, in answer to the Address of the late House-of Assembly to theQueen, praying for an addi- tional 'Gra'nt out of the money arising from the Sale of Crown Lands, for the purchase ofground for the Lunatic Asylum, and for other purposes. [Refused]

Nos. 4 and 5.eDespatches from Lord Stanley, N03. 25 1nd dated lst July, and 3d September, 1842, in an- swer foihe Joint Address. of the Council and Assembly to-‘the Queen, praying that the Moneys arising from the sale of the School. Lands, under the Provincial Act of the 5th Will. 4, cap. 13, may be invested with the Trea- surer of this Island in the public funds. [Granted]

No. 6.—Despatch from Lord Stanley, No. 27, dated the14th July, 1842, acknowledging the receipt ofthe Address and Petition to the Queen, and the Petition to _the House of Commons, of the late House of Assembly,

regarding the rights ofthe original Grantees of Crowa

Lands, and the Fishery, Reserves in this Island. The Despatch also communjcates the decision of Her Majes- tyi’s Executive Government upon the former question. ' No. 7.—Despatch from Lord Stanley, No. 32, dated :4th August, 1842, with reference to the Act passed in 4heSession 9f 1842, to create a fund for defraying the expense of medicali'assistance for sick Emigrants, and en't‘ibling'lndigent persons of that description to proceed to the place of their destinaiion. ‘ ‘ ' ‘ No. S—Despatch from Lord Stanley, No. 33, dated

- A

11th 1842, stating an objection to the wording

70ftbe Act relating to the admission of Barristers, Attor-

neys and Solicitors, passed in the Session of 1842, and suggesting the propriety of amending the Act.

No. 9,—Despatch from Lord Stanley, No. 34, dated 19th August, 1842, transmitting copy of an Act of Par- liament of the 5th and 6th of Victoria, cap. 49, to amend the Laws for the regulation ofthe Trade or the British Possessions abroad; together with a cdpy of a Despatch addressed to the Governor General, explaining the policy by which Her Majesty’s Government has been governed, in recommending to Parliament the adoption of the im- portant changes in the Laws affecting the Trade of the Colonies whiclt’are sanctioned by this Act. Also, a cir- cular Despatoh from Lord Stanley, dated 20th August, 1842, on the same subject.

No. 10.——Despatch from Lord Stanley, No. 56, dated 22d. December, 1842, with reference to the Act for the increase of the Revenue ofthis Island, passed in the Session 0f1842.

No; ll.—-Despatch from Lord Stanley, No. 58, dated the 3lst December, 1842, communicating the disallow— ance by Her Majesty’s Government of the Act to ari- thorise the issue of. a Copper Coinage in this Colony, and to prohibit the circulation of base coppers, passed in the Session of 1842. Also, Despatch from Lord Stanley, No. 36, dated 20th August, 1842, on the same subject.

No. 12.—Order of Her Majesty iii Courtcil,. dated 27th April, 1842, leaving to their operation an Act pris- sed by the Legislature ofthis Island, in the Session of 1841—au Act to amend an Act of the 7th Year of the Reign of His late Majesty King William the Fourth, en- ituled “An Act to repeal certain partsof an Act entituled An Act for the limitation of Actions, and for avoiding Law-suits, so far as the same relate to Actions concern- ing Real Estate, and to make other provisions in lieu thereof”—and an Act passed in the Session of 1842, “ To confirm and render valid certain proceedings of the Executive Government of this Island.”

No. 13.——Order of Her Majesty in Council, dated the 11th August, 1842, especially confirming an Act to au- thorise the erection ofa building near Charlottetown as an Asylum for Insane persons, and other objects of Charity, and to provide for the future maintenance ofthe same.

No. 14.—Order of Her Majesty in Council, dated the 11th August, 1842, leaving to their operation Seventeen Acts, passed by the Legislature of this Island in the Session of 1842.

No. 15.—-Order of Her Majesty in Council, dated the 2d November, 1842, leaving to their operation an Act for the Incorporation ofthe Prince Edward Island Steam Navigation Company; and ion Act to authorize the ap- pointment of Commissioners to manage certain Shares and Property in the Prince Edward Island Steamboat Company, on behalfof the Government of this Colony, passed in the Session of 1842.

No. 16.——Order of Her Majesty in Council, dated the 10th December, 1842, leaving to their operation an Act to amend an Act made and passed in the Third year

‘ to prohibit the exportation of Oyst, ‘ for a limited period’—and an Ac the appointment of Fish Inspect extend the provisions of the Act no _r the size and quality of Fish Barrels: the weight of Fish made up therein. Government House, January 301b, 1843. 0' Ordered, That the foregoing Message, and the, accom- panying Documents, do lie on the Table. . j- , A Message was received from the Legislative Coyuncil,'dci 'quuinting the House that they have appointed the Honors" bles Mr. Young, Mr. Dalryrnple and Mr. Hensley a 'Com- ,mittee to join the Committee of the House ofAssemhly, to keep tip a good correspondence between the two branches ofthe Legislature—Adjourned. ’

TUESDAY, January 31.

The Bill to amend the Act regulatingthe floating of Logs Scantling, and other kinds of Wood, down the Rivers and lesser streams in this Island, was, according to order, read a second time.

Ordered, That the said Bill be now committed to a Coin- mittee of the whole House. The House accordingly resol- vetl itselfinto the said Committee—Mr. You in the Chair.

A good deal of'disctission took place with respect to the length of notice to be given for the removal of'obstructions. The hon. members who chiefly sustained the discussion were Messrs. Hudson, Thornton, Pope, Douse, Macaulav, Longwortli, Cooper, Dalziel and VVightinan. A month’s no- tice was first proposed. This Was objected to by Mr. Thornton, who proposed 6 days’ notice—The Hon. the Speaker thought 24 hours’ notice quite sufficient, and was supported in his views by Mr. Hudson.—Mr. Douse put one or two cases strongly tending to show the insufficiency of such a notice—Mr. Macaulay thought they ought to ascer- tain what would, in reality, be reasonable notice, and agree to give that. A long notice, he observed, would, in fact, amount to a prohibition—Mr. Thornton admitted that, upon consideration, 6 days’ notice appeared to him unnecessary; btit 24 hours he thought too little. Three days, he ima— gined, might be sufficient.—Mr. Wightinati was in favor ofa longer notice. In some instances he had known 14 days re- quired to remove an obstruction—Mr. Hudson observed, that contracts had frequently to be completed in a very short time, and mtich inconvenience would, in such cases be ex- perienced, unless obstructions were to be speedily rbmoved. —l‘Il:. Dalziel contended that 24 hours’ notice would he a very insufficient one. In the end, the Committee deter— mined upon a notice of24 hour—on a division, there being 13m favour of it, and 11 against it.

I The Hon. the Speaker then stated the necessity there ex- isted for the devising ofsome more effectual means than are at present in operation, for the protection oftliat species of property respecting which they Were legislating. The offences to be guarded against under 'this head, he said, were the obliteration of marks, the setting of rafts adrift, stealing therefrom, &c. He would not then he said, delay busrness by the proposing ofany crude amendment; but if theéCommittee would rise and report progress, he would, against their resuming the further consideration of the Bill, be prepared, in writing, with what he considered a neces— sary amendment to the Bill.——Mr. D. Macdonald suggested that after the expiration of the 48 hours’ notice the parties wholhad notified should have power themselves to remove obstructions, in case the parties notified had not done so.— Mr. I‘hornton observed, that he found several very import- ant and useful clauses might be added to the Bill iian there— fore he thought they had better report progre’sa and ask

leave to sit again—The suggestion of Mr. Thornton was then acted upon.

Mr. Secretary Haviland by command of H' the Lieut. Governor, deliviered the following Misggbegl—ency HII‘J'NTLEY, Lieut. Governor.

' e ieutenant Governor brin ' Hpuse “Assembly, gs under the notice ofthe nuscript Petition of the late House ofAssembl t th I - perial Parliament, relative to the Fishery Resin?” i: this Island, wherein “ repeated conferences” upon that subject are alleged to have been held with the Legislative Council (and which “ repeated conferences ” are denied to have ’taken place by a Resolution ofthe Legislative Council ) which Pe- tition was presented to him by a Committee of the Hou5e a few days prevrous to~ the termination ofthe last Session, and a printed Petition, professing to be a true copy of thd

La” “intents” "

fences ” are changed for the words

' consideration.

of the Reign of Her present Majesty, inti_tuled_‘ An Act.

a material discrepancy between a m&-’

u.”

“ repeated confin‘iiurjicai ' means of amendments,” which he receive rem, ihtbnshrrids of William Cooper, Esquire, the late Speaker, some time subsequent to the last Session. '1 he Lieutenant Governor deetns it_necessnry to direct the attention ofthe House to the subject, as it will appear by the Correspondence which took place upon the occaSion, copies of which ac- company tbis Message, that an interpolation has been made in the original draft of the Petitioii, unauthorized by the House of Assembly, and involvmg the confidence which should exist between the Executive and the House of As- seinbl .

Govyernment House, January 3lst, 1843.

The said Message, and papers accompanying the same being read by the Clerk; . _

Resolved, That this House do reso’lve itself intos Com- mittee of Privileges, on the consideration thereof. .

The House accordingly resolved itself into the said Com- mittee—Mr. B'eairsto in the Chair. . I _ . . Preparatory to the House’s resolvmg itselfitito a Commit- tee of Privileges, strangers were ordered go Withdraw. On the House resuming, the chairman reported, that the Corn- riiitte had made some progress, and had directed him to move for leave to sit again—which the House agreed to. Then the House adjourned for one hour. And being met-e Resolved, That this House do now resolve ‘itseltiuto a Committee of Privileges, on the further consrderation of His Excellency the Lieut. Governor’s Message, of this day, with the accompanying papers. .

The House accordingly resolved itselfinto the said Com- mittee—Mr. Beairsto ii] the Chair. .

On the House resuming, Mr. Beairsto reported, that .the Cciuimi‘ttee had come to a Resolution; which Resolution, being again read- at the Clerk’s Table, was agreed to by the House, and is as followeth: -

VVHEREAS His Excellency the Lieutenant Governor, hav— ing transmitted certain Documents to this House,.brlngt_ng' to its notice a material discrepancy between a manuscript Petition ofthe late House of Assembly to the Imperial Pat'- liainent, relative to the Fishery Reserves in this Island, and. a printed copy ofthe same; and the House in Committee of the whole on Privileges, having investigated the matter, and several Members of this House, who were Members ofthe late one, viz: D. Montgomery, .1. Macintosh and A. Fraser, Esquires, having declared that the alteration was made on the reading of the Journals the following day, viz: the 14th day oprril, 1842, apparently after a' copy had been pre- pared for His Excellency, and with the consent of the House, as then composed, several Members thereof being absent; Therefore, Resolved, That it is the opinion of this Committee, that no blame can be attached to, any Member of this House (who was in the former one), in the subject matter under

‘ At 7 o’clock in the evening, when the Reporter was again admitted, Mr. Coles was applying for a Committee to en- quire into the operation ofthe present Land Assessment Act, and to report thereon by Bill or otherwise. The rea- sons assigned by Mr. Coles for the course he was pursuing, are nearly as follows: The present mode of'proceeding against individuals for the non-payment of the Land Assessment, he considered iniquitous; for the enormous expense of£6 or £10 was incurred to recover'the sum of 2s. He thought a. more surntnary mode of recovery ought to be adopted. As a precedent, he stated the mode of proceeding against individuals for the non—payment of the Tax imposed upon every Town Lot in Charlottetown, for the keeping ofthe Pumps and Wells of Charlottetown in repair. He said the Assessors issue their precept to the Collector, arid the Col- lector levies on any Lot in default. At the expiration of6 months, ifthe Tax be not paid, with costs, the Collector proceeds to sell, and if' no claim be inatleby the owner of the Lot before the expiration of two years, the purchasers’ title is good and valid in Law. The mode of proceeding, in cases of'nori—payment ofthe Land Assessment, which he would recommend, was, that the Treasurer should be empowered to issue his precepts to the difi'erent Sheriffs, without being obliged to go, through any expensive proceedings in the Supreme Court, and that the Sheriffs then proceed .to make sale as under the existing Act, as ' they have hitherto done. Mr. Coles also de- clared the .mode of proceeding against Township Lands a great hardship upon settlers thereon. For instance, be iiaid, there might be 1000 acres proclaimed for non-payment of the Tax. At the time of'sale the Sheriff would proceed to sell as much thei'eofas would pay the Tax, with costs. Then, ifthe occupiers or possessors of two or three farms included

and with good buildings thereon, should have neglected to pay the Assessment, and some land-speculator, having, through some means, found otit that such farms were in de- fault, should bid n high price for the first one or two hundred acres, so as thereby to pay the whole tax and costs upon the 1000 acres; then give in to the Sheriff's description of the land which he had found out had not paid thei'tax; pitch upon those improved and valuable farms; lie quiet, as se- crecy would be his main point, until the expiration ofthe two years by law allowed for the redemption ofthe land ; and then pounce upon these farms, and, without one copper of remuneration, turn out the rightful occupiers, whose la- botir in clearing them from the growth of the forest has brought their grey hairs nearly to the grave; and this weighty calamity, said Mr. Coles, shall overtake a man solely for the non-payment of2s., and to pay his neighbours’ taxes. Mr. Coles pointed out what he considered another hardship under the operation of the Act—a tenant’s being dis- turbed in hisl possession on account of the non-payment of the Land Assessment. To remedy this evil, he (Mr Coles) suggested that proceedings should be against the fi-ee-hold and not against the lease-hold. This mode, he said, some would consider an interference between landlord and ten- ant; but, as most leases provide that the tenant shall pay the Taxes iinpoSed upon the land, in every such case he held there was a private bargain between the landlord and tenant, and the landlord could recover taxes as well as rent by another proceeding. All proceedings under the Act he argued, should, injustice, be against the freehold, and,not the leasehold, and purchasers ought to acknowledge tenants on the terms of'their former agreements. A proprietor Mr. Coles said, might now submit the greater part ofhis eistate to he sold for non-payment, and (as tenants in general leave the first payment ofthe Tax to their Landlords,and afterwards reimburse them,) he might, by buying in the said land and not demanding the Tax fi‘om the tenantrv, turn them out or double their rents at his pleasure. Mr. Cole said he did iiot intend V to iiittmate that such undue advantage li'ad been taken to any great extent; but as the dew was open to eti- ahle proprietors to do so, and as the agitation of Escheat, so long contended for by the late House, was no longer a terror to them, there was no knowing to what extent they might now put their advantage in force. After a few additional re- marks, Mr. Coles concluded by moving the following Reso- lution: ' Resolved, That a Committee of seven Members be ap- pointed, to consider the expediency of amending the Act for levying an Assessment on Land, to report by Bill or other— “use ; wrthvpower to_send for persons, papers and records. Mn'Longworth was in favour ofthe Tax being put upon Proprietors, and ,not tipon Tenants—Hon. Mr. Palmer enter- ed at some length upon the subject ofthe motion. He was aware that the Act had been acknowledged by the Supreme Court to be defective ; but he confessed he was not prepared With, nor had he heard any defined alteration for its improve- ment. He did not, however, agree with the suggestion of the hon. moyer ofthe Resolution, who proposed to assimilate the proceedings to effect a sale of lands in default to those prescribed for the sale of lands under the Pump and W ll‘ Assessment Act ofCharlottetown. By that Act it was i: cuinbent on the officer to levy first on the Chattels found - the land in default, in consequence of which it was seldoon found necessary to sell the real estate; and no record of tiin judgment was kept in case the real estate was sold ' but the Assessment Act relating to the Tax on Townshi laiid e tamed no provision for the sale of Chattels p 5’ con- was invariably sold, and, for the secu