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Vou. VI &

Colonial ‘Legislature,

HOUSE OF ASSEMBLY. Monpay, April 6, 1857. AFTERNOON SITTING. WAYS AND MEANS. (Continued from the Supplement hereunto anneved.)

Hon. COL. SECRETARY replied, that of the expendi- ture before the House there had not been a penny voted for the purchase of land. He could not see how the hon. mem- ber drew the conclusion which he had now drawn.

Hon Mr. PALMER asked, why the Proposed increase should be attributed to the expense of the education act more than anything else. That act had been based upon the prin- ciple that the expense counected with it, would be derived from the land tax. They all knew that it would never have passed if that expense had not been proposed to be raised from the land tax of the Colony. The Hon. Col. Secretary

bad gone so far as to say that the education act was of as | to be engrossed.

much advantage to the people as if their land were free of rent. Well, on that principle, just lay on as much more taxation, and every man would have so much more. It could not be disguised, however, that the increase of duty was to pay for the Worrell estate. (Hon. Col. Secretary— Not a penny of it.) According, then, to the showing of the hon. Col. Secretary, it was £5,000 in arrears, besides about

over. That was the real secret of the proposed increase of duty ; and why should it be kept from the people? No doubt, they would be taxed ; and he foresaw it from an early part of the session. When they began to be taxed, they would begin to consider and to open their eyes. No person could pity them, if they would not raise their voices against it, but he could see no alternative. He, however, would not be a party to the proposed increase. In place of paying £3 or £4 for their quota of education, as formerly, the people would perhaps have to pay as much more again in the way taxation. ‘Teis Committee of ways and means should not have been gone into so very rapidly after the public accounts were before the House. They had not beea an hour or two before the House, before the House went into Committee on ways and means. No person in the minority knew anything about them until called upon to give his opinion on the pro- posed increase of taxation. R. Larep, Rep.

After some further remarks by Hon. Col. Secretary and Hon. Mr. Longworth, the question was put on the said reso- lutions, and the two first were unanimously agreed to, but on the question being taken on the third resulution the House divided :

Yeas— Hons. Col. Secretary, Wightman, Whelan, Mooney,

Speaker, Messrs. Cooper, Dingwell, McDonald, Macintosh, |

Clark —10. Nays—Hons. Messrs. Montgomery, Longworth, Palmer, Lord, Messrs. T. H. Haviland, Perry, Laird, Muirhead—8. The House resumed. The Chairman reported that the

Committee had come to three Resolutions, which having’

been read at the Clerk’s table, it was ordered that the ques- tion of concurrence be now separately put on the said Reso- lutions ; and the first and second of the said resolutions being again severally read, were, on the question being separately put thereon, agreed to by the House; but on the third reso- lution being again read, and the question put thereon, the House divided, when the numbers stood as in Committee, with the exception that the Hon. Col. Treasurer voted for the resolution instead of the Speaker, who was in the chair.

The following gentlemen were then appointed a Commit- tee to prepare and bring in a bill in accordance with the re- ported resolutions :—Hons. Col. Treasurer, Wightman, and Mr. Clark.

On motion of Hon. Col. Treasurer, it was resolved that no new matter, on which a bill can be founded, be introduced after Tuesday, 7th inst.

Adjourned.

—_——__ ----_—_ —--__ ¢ mwe@

T. Krrway, Rep.

Tvusspay, April 7.

Hon. Col. Secretary presented a petition of several per- sons of the Bible Christian denomination, setting forth that the present act of incorporation of that body is inoperative, and praying its repeal, and the passing of another according to the petitioners the privileges enjoyed by other bodies of Christians. Laid on the table.

The House was then a short time occupied in receiving

Some of the resolutions reported from Committee of Supply.

Hon. Mr. Mooney presented the report of the Pauper Committee, which was then referred to a Committee of the whole House. After a short time spent therein, progress was reported.

Hon. Mr. Palmer introduced a Bill to be intituled “an act to increase the powers of the city of Charlottetown over corporations or persons entitled to open streets, squares, and thoroughfares for the purpose of laying down pipes or conduits.” Also a Bill to be intituled “an act to extend and more particularly define the powers and authority of the corporation of the city of Charlottetown.” Also a Bill to be intituled “an act to define the boundaries of the streets and squares of the city of Charlottetown, and to improve the public thoroughfares therein.” Bills read a first time ; second reading to-morrow.

Adjourned for one hour. R. Lar, Rep.

APTERNOON SITTING.

The Bill to enable Henry Bessamer to obtain letters pa- tent for the discovery of certain improvements in the manu- facture of malleable or bar iron and steel, was committed to a Committee of the whole House. Mr. McDonald in the the Chair. After some time spent therein, the Chairman reported the Bill agreed to without amendment, Report received, Bill read a second time, and ordered to be en- grossed.

The Bill to prevent fraud by means of secret bills of sale of personal goods and chattels, was committed to a Commit- tee of the whole House. Mr. Perry in the Chair.

[This act provides that a registry be established in each of the Counties for the purpose of registering all secret Bills of Sale, instead of, as heretofore, in Queen’s County. It was objected to, however, on the ground that there should be also a general registry of all such Bills. After a good deal of discussion, on motion of Mr. Cooper, the House re- sumed, the Speaker took the Chair, and the Committee rose without reporting. So the Bill was lost.] ‘

CHARLOTTETOWN,

| Mr. T. H. Haviland introduced a Bill to extend the Elec- | ire principle to the Legislative Council. Read a first, to

| House Committee, which was adopted, and is as follows :—

“Your Committee,to whom were referred certain Despatches

£6,000, which the people would never be called upon to pay |

Ney,

A WEEKLY JOURNAL OF POLITICS, LITERATURE AND NEWS.

[EDITOR axn PUBLISHER.

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No. 1.

“PRINCE EDWARD ISLAND, MONDAY, JULY 13, 1857.

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Mechanics’ Institute of Charlottetown, which, on motion of, Mr. McDonald, was reduced to £20 on a vote of 12 yeas, against & nays.

The following Committee was then appointed to bring in a Bill to appropriate the Supplies granted to Her Majesty this Session, viz :—Hon. Col. Treasurer, Messrs. Clark, and McDonald.

be read a second time to-morrow.

| Hon. Col. Treasurer presented a Bill for raising a Reve- ‘nue. Also, a Bill for appropriating certain moneys therein mentioned, for the service of the year 1857.

Hon. Mr. Palmer submitted a Bill the better to secure | the independence of the House of Assembly. Read a first, | to be read a second time to-morrow. | The Bill to alter certain provisions of the License Law, | was read a second titae, and committed to a Committe of the

whole House. Mr. T. H. Haviland in the Chair. Several amendments were made, when the Committee rose, and re- | ported accordingly. Report received, and the Bill ordered

Adjourned. T. Krrwan, Rep.

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Wepnespay, April 8, 1857. Hon. Mr. Wightman presented the report of the Light

relating to Lighthouses, have to report—that it appears, from these documents, the British Government have built a Light- house on Cape Race, the cost of erecting which will be about £5,160 sterling, and the cost of its maintenance somewhat over £400 sterling, per annum; and assuming that the cost of its erection is to be paid off in five years, it will be neces- sary to raise a sum of about £1,500 sterling a year, to be reduced so soon as the cost of erectiou is paid off. It is | proposed to raise these sums under the provisions of the | Merchants’ Shipping Act amendment Act of 1855, which empowers Her Majesty, by Grder in Council, to impose tolls on British shipping, in respect of any new Lighthouse which may be required, on or near the coast of any British posses- sion, by or with the consent of the Legislative authority of such place. It is suggested that such tolls should be collected |at the port of clearance, in the United Kingdom, or in the | Colonies, and then remitted to England, or it may be collected entirely in the United Kingdom, in the majority of cases.

It appears, from Despatch No. 42, of the 13th November, 1856, from the Right Hon. H. Labouchere to His Excellency the Lieutenant Governor, that the Law Officers of the Crown,

in England, have pronounced their opinion, that under the above Act, the consent of the several Colonial Legislatures to the levying of these tolls must be obtained, before promul-

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them, can legally take place ; and an expression of assent is , requested on the part of the Legislature of this Colony, either by means of an Address to the Crown of by Legislative | enactment. | Your Committee are.of opinion, that great advantage will jacerae to the shipping of Prince Edward Island, passing | between it and Great Britain or Newfoundland, from the | erection of the said Lighthouse on Cape Race; they have, | therefore, no hesitation in recommending that the assent of | the Legislature to the promulgation of the Order in Council, | imposing the above toll, at the rate of one-sixteenth of a | penny per ton, should be at once notified by an Address to Her Majesty, on the subject; and it appears to them that ) this course will meet all the exigencies of the case, at the present moment, and render unnecessary any Legislative enactment on the subject, until some general arrangement is _made, providing for Lighthouses on the coasts of all the Colonies, and establishing a general and equa! system of | contribution to that object, by the Colonies and the Mother | Country.

There are seldom, if ever, any vessels navigating from this Island, upon Transatlantic voyages, to Ports not in the United Kingdom; and the toll upon ships engaged in the trade between this [sland and Newfoundland can,at all events, be temperarily collected in Newfoundland, on their arrival there, under the local laws on the subject.

It appears that no communications have been received from the Governments of the neighboring Colonies, as to their willingness to contribute to the erection and maintenance of Lighthouses on the North Cape and East Point of this Island ; but your Committee are of opinion that the subject should not be lost sight of, as it daily becomes of greater importance, from the constant increase in shipping.

Your Committee have to state, that by far the greater number of ships recently lost on the Northern and Eastern coasts of this Island, belonged to Great Britain, the neigh- boring Colonies and the United States of America, which shews that such Countries have an equal, if not a greater, interest than ourselves in maintaining Lights at E»st Point and North Cape, and should, in the opinion of your Com- mittee, contribute td their erection and maintenance.

Your Committee have also had under their consideration certain Petitions relating to the erection of Lighthouses and to other matters, further submit—that with reference to the Petition of inhabitants of Princetown Royalty and vicinity, praying for the erection of a more sufficient Lighthouse at Fish Island, your Committee have ‘been informed that it is the intention of the Government, as early as practicable, to make some alteration in the Lighthouse at that station,

That with reference to the petition praying for the erection of a Lighthouse at the North Cape, the subject of erecting Lighthouses on the North Cape and East Point of this Island is now under the considera ion of the Government.

That with to the Petition of Thomas Robson, of Sackville, New ick, about erecting Fog-bells on Cape Tormentine, in, that Province, and on Cape Traverse, in this Island, your Committee cannot recommeunt their erection at the public expense.”

The same Committee who prepared the report, were then appointed to join a Committee of the Legislative Council to prepare a joint address to His Excellency on the subject.

Mr. Perry,from the Committee on new lines of roads,

draft of an Address to His Excellency on the , i the Committee, which was adopted, mimittee.were appointed to wait upon His Me ny “ity ih from the Committee to whom was referred Yonald McDonald and others, presented the

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following report:— © « Your committee to whom was referred the petition of!

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remaining resolutions reported from the Committee of Supply were taken up, again read, and were all agpeee to, 3

as reported, with the exception of the grant of £

Donald McDonald, John Ford, and John McDonald, praying for a return of their property which had been seized at

have to report, that the act which required spirits to be im- ported in casks of not less than sixty gallons, was not gene- rally known until after the first importations under the act ; and it appears that petitioners were not aware of that altera- tion in the act, and therefore had no intention to evade the laws as to the size of the packages for the convenience of landing them ; for the duties were tendered before any attempt was made to land the goods, - }

“Your committee, therefore, recommend that there be returned to the petitioners whatever share the Government is entitled to receive of that seizure.”

The report was adopted, and the same committee who prepared it, were appointed a committee to prepare an address to His Excellency on the subject.

Hon. Col. Treasurer presented a petition of divers inhabi- tants of Cascumpec, setting forth that the dwelling house, furniture, &c., aud five children of Samuel Cannon, shoemaker, Kildare Road, had been destroyed by fire on the 4th inst. and praying the House to afford relief to that individaal, [It was ordered that the sum received as fees for two private bills passed by the Hous, this session, be granted and paid for the relief of the sufferer.

The Appropriation Bill was read a second time, committed to a committee of the whole House, and reported agreed to without amendment.

The bill to alter the act now in force relating to the sale of spirituous liquors, was read a third time and passed ;—also the bill to enable Henry Bessamer to obtain letters patent for the discovery of certain improvements in the manufacture of bar iron aud steel. The standing order of the House having been ere the Appropriation Bill was also read a third time and passed.

On motion of the Hon. Col. Treasurer, the House went into committee of the whole on the second reading of the bill for raising a revenue. After some time spent in committee, the bill was reported agreed to with certain amendments, and the report was adopted by the House.

CITY CORPORATION BILL.

Hion. Mr. PALMER moved the third order of the day the second reading of the bill to increase the powers of the City of Charlottetown over corporations or persens entitled to open the sireets, squares, and throughfares, for the purpose of laying down pipes or conduits.

Hon. T. H. HAVILAND said, before the question was put, it professed to be a bill to give increased powers to the Corporation of Charlottetown over the Gas Company, a Com- pany which was in existence previous to the Cuy of Charlotte- town being incorporated. The bill, he had reason to know, had originated with His Worship the Mayor for reasons best known to himself. It had been stated that the bill was taken principally from a Bull of a hike nature which made certain provisions for gas companies formed in towns in England Now, that was all very well; for in England those towns had corporations to Gas Compames being formed, and so had power to wake wecessary provisions for preventing any injary to those parts of the town where pipes were to be laid down; but in this city the Gas Company laid their pipes before the city was incorporated. If tbe bill went into operation, it would compe! the Gas Company to sink their pipes four feet below the surface, causing injury to the company by the taking up of the pipes He moved that the bill be read ‘* this day three months.”

Hon. COL. SECRETARY had not read the bill; but he saw no reason t* oppose it because it interfered with the rights of ihe Gas Coi,pany. He had been sorry to differ fromthe Judges in the case tried last year between the city corporation and that Company ; but he thought they had a little feeling of opposition against the Mayor in that case. The Mayor and Council had been making improvements in the city; and in the cutting down of the streets necessary before they could be macadamized, they had come upon the pipes of the Gas Com- pany, who said the city must put them down fromm the first at their own expense. The City Council would not put them down at the expense of the city, and he thought very justly ; but the decision of the Judges had been against them. He did not pretend to know so well. as they did, but he thought the com- mon sense view of the case was, that where the Company had pipes in the way they onght to put them down themselves. He did not say that they should go all the extent that the bill required, that the pipes be four feet deep ; bur if required to be lowered, let the Gas Company lower those pipes themselves, and not tex the city to do it. He did not see the necessity of going so far as the bill provided for; but he would vote for

oing into committee on it,

Mr. PERRY was astonished that the bill should be brought in at that late hour, if it was of so much importance. He did not see the necessity of sucha Bill; and therefore he would support the motion of Hon. T. H. Haviland.

Mr. MACINTOSH could not go that length ; for if the city had not beea prepared to bring in the bill before, the House ought to wait a little now. He would support the bill’s going into committee,

Ilon. Mr. MOONEY would support the bill to go into com- mittee, and was in favor of it so far as he was concerned.

Mr. CLARK could not vote to keep the members from the country in attendence all that time, and would vote against the whole three bills from the city.

Hon. Mr. LORD said, it was very extraordinary that hon. members sent there to represent the country acted in that manner. If there wasa necessity for having this bill passed, he thought they ought to stay till it was passec. He saw the necessity of something being done to prevent litigation between the two companies in Charlottetown, He was prepared to support the Louse going into committee on the bill.

Mr. T. HEATH HAVILAND said, the question for them to consider was whether the bill was an equitable measure or not. He was of opinion that it would not be equitable for the House to pass the bill. They had given the Gas Company a4 charter, laying down the manner and mode in which the pipes were to be laid in the city, and the Company had followed the directions of that act. That had been decided by the Judges of the Court, though they differed from the Hon. Col. Secretary ; but he presumed that in a question of law their opinion was before that of the Hon. Col. Secretary. They gave that decision according to the law in England, which was, that every individual shall so use his own property as not to injure his neighbor. If the Company so laid their pipes as to injure the rights of others, there was a law for their protection without coming to that House. He regarded the bill as one of the most one-sided measures ever brought before the House. ‘T’o pass such a law would be interfering with chartered rights, where men had invested theircapital. He said they would be disgrac- ing themselves by passing such a act ; and when he said so, he hud no peconiary interest in the matter. He saw no necessity for such a law; because if the Gas Company were guiliy of injuring the streets of Charlottetown by laying their pipes too near the surface, there was already a remedy for it. He would vote against the Bill.

Hon. Mr. PALMER thought the hon. member who made the motion, was rather premature, as he (Mr. P.) did not make the motion for the reading of the bill; he had moved for the order of the day, and then he was going to move that the House go into the order of the day. He moved then that the House go into the order of the day. ;

Mr. COOPER did not think it was as sufficient reason to" reject the bill, because it was late in coming Ip. He did not) know the circumstances of the parties very well; but if it was

to the Souris last summer for a breach of the Navigation Laws,! necessary 10 have such a bil! paseed, they ought to pass it.

The House then went into the order of the day, aud the bill was read by the clerk. Hon. Mr. PALMER said, this biil had been entrusted to him

‘and his colleague as the representatives of the town, to lay

before the House ; yet he confessed that he had very little oppor- tunity of perusing it, or of giving that attention to it which perhaps he ought to have given. The bill had been approved of by the City Corporation after full discussion and deliberation, and in that case ; he conceived it to be his duty to represent the wishes of the inhabitants of the city as expressed through that body, and to place the bill fairly before the House. After alluding to the cireumstances which had originated the bill, he said that with regard to it, he agreed with hon. members who were opposed to the bill, that there were some of its provisions which were perhaps unnecessary ; because the Corporation had power within themselves to make those regulations. Still he thought there were some of the regulations proposed in the bill that might be deemed necessary, and which the Corporation had not authority to pass; because they might be said to be a little in conflict with the rights of the Gas Company. He did not conceive it was necessary, as was provided for in the bill, that in future the pipes should be Jaid four feet deep, which, if curried into effect would create a great deal of confusion and expense. ‘That part of the bill which provided that the Gas Company should give notice to the Corporation when they com- menced laying down new pipes, was, he thought, necessary. There was not much in the bill that called for Legislative interference ; but he was disposed to go into committee on it and Jet each clause be fairly discussed. He moved thai the House go into committee on the bill,

Hon. Mr. LONGWORTH seconded the motion for the reasons given by his hon. colleague. He had objections to some of the provisions of the bill; but certainly no objections would be made to going into committee on it.

Hon. T.H. HAVILAND said there had nothing fallen from the hon. member for Charlottetown which had induced him to alter his views ; he therefore pressed his motion.

Mr. DOUSE had no interest in the bill beyond what he con- sidered for the public good. As the Gas Company had been established first, be thought the Corporation were bound to lower the pipes at their own expense, eo far as they had beer disturbed.

Hon. COL. SECRETARY said, hon. members seemed not to understand the bill. It was not a retrospective ‘but a prospective bill,—that in future the pipes should be sunk four feet. He considered that the Gas Company obtained no more right over the streets of the city by the act incorpersting them, than the Magistrates of the town had formerly power to grant.

After a few further remarks, the House divided on Hon. T. H. Haviland’s motion as follows,

Yeas—Hon, T. H. Haviland, Montgomery and Wightman, Messrs. ‘I’. Heath Haviland, Douse, Dingwell, Macdonald, Perry, Clark, Laird, and Muirhead—IJ1.

Nays—Hons. Palmer, Longworth, Col. Secretary, Col. Treasurer, Whelan, Mooney and Lord, Messrs. Cooper, Macintosh and Munro— 10.

So the bill was lost.

‘The bill for raising a revenue was read a third time and passed.

House adjourned.

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Tuurspay, April 9.

Mr. MACINTOSH presented the drafi of an address to ia Excellency relating ‘o the report of the committee on the petition of Donald McDonald and others, which was adopted, and the same committee were appointed to wait upon His Excellency, with the address.

SHERIFF'S BILL.

Hon. COL. SECRETARY moved the first order of the day, the second reading of the bill to enable the Supreme Court of Judicature to give relef against adverse cleiins made upon persons having no interest in such claims. He said he believed that this Bill, except one clause was an exact copy of the imperial statue. It provided that the plaintiffshould pay expenses in the first place, and the defendant in the second place.

Mr. T. H. HAVELAND said, he did not object to that part of the bill from the imperial statue; but he did not think the principle was sound as regarded the lagi clause ; because it was laid down there that the sheriff should be entitled to his fees, though he did not rescue a person, the same as if he did. tte thought the last clause was a most monstrous clause.

House in committee on the bill. Some further objections having been made to it.

Hon. COL. SECRETARY explamed that there was a necessity for something being done. The sheriff could not be expected to engage in his duties without being paid whether he accomplished his duty, or failed in taking the person.

The Hon. SPEAKER said, this bill was for the protection of the sheriff alone ; but they ought to protect the people as well. The bill was a new principle in legisjation, and would have a bad effect, He was wholly opposec to it.

Hon. Mr. LORD spoke in favor of the bill. His opinion was that if a sheriff used due diligence in endeavoring to take a person, he ought to be paid whether he succeeded or not, especially if he employed several constables to assist him. Ue saw nothing unfair in the bill, and considered it was frequently very difficult for the sheriff to execute the duty assigned to him.

Mr. MACINTOSH did not see that a sheriff was entiled to hia fees, if he did not use sufficient diligence in the appre-~ hension of parties. He believed that officers were very well protected; and he would oppose the bill in every sense of the word,

Mr. COOPER thought as they had gone ona long time without such a bili, and business had been carried on withoet any complatnts having been previously made on the subject, that there was no occasion to pass the bill. He felt much dissatisfied with it.

Hon. Mr. PALMER thonght the provisions of the bill extremely novel. The appointment of sheriffs was not generally

‘a difficult matter: and when they accepted office, they took the

unprofitable part along with the profitable part of their duties. Should the clause alluded to pase, there would scarcely be any limit to the expenses which sheriffs might incur in the execution of their duty, He regarded the proposition 80 preposterous and palpably wronggand the impolicy of it so dangerous, that he wondered hon. members would stand up in supporting of it.

Several other hon. members expressed themselves as strongly opposed to that part of the bill which had excited discussion, and on motion of Mr. T. Heath Haviland, it was struck out.

“‘ When any sheriff ehall report to any plaintiffs attorney that he has made.an effort to execute any writ thatmay have been

placed in his hands by,such plaintiff or his attorney, and requires ss

the assistance of one or two contables to assist in such execution; and if the said plaint:ff or attorney refuse to guarantee the expenses incurred inthe employment of such constables, it shall be lawful for such sheriff to retain such writ and state the grounds, being the refusal of such plaintiff or attorney to give such guarantee.”

After a few remarks, the amendment was negatived, and the House having resumed, the bill was reported agreed to with certain amendments. [t was then agreed to by the House and ordered to be engrossed, to be intituled ** an Act to emable the Supreme Court of Judicature to give relief against adverse claims.”

The rule of the House relating to bills having been suspended, the bill was read a third time and passed. EXTENSION OF THE CITY POWERS BILL. The third order of the day having been read, viz ; the second , reading of the bill to extend and more particularly define the powers and author'ty of the Corporation of the City of Chariotte- town, the bill was read by the Clerk of the House. “4 Hon. Mr. PALMER said, he believed the principal provision

sought for by the bill, was, to increase the jurisdiction of the

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