Che Exami

AND SEMI-WEEKLY INTELLIGENCER.

ws? SERIES.

HOUSE OF ASSEMBLY.

; ment, both with respect to the diflicuitica which, in to discharge the duties of commissioners, as thove act

~-—— ‘

Farpar, 15th Merch. ~|

wOUSK iN COMMITTEE ON THE SMALL DEBTS ACT.

(Coacinded fram our lust.)

Mr. Wanevurtrow was of opinion that the best re- wedy for the grievances compiained of with respect to the Smai! Debts Courts, would be to reduce the number | ef their sittings. Indeed, he thoughs the substitution of | Quarter!y Sessions for monthly Courts would be a great

inent.

Mr. Fraser pronounced the credit sysiem vrevailing va the Island to be injurious to both debtor and creditor ; who were beth, not unirequently, mined by it. He wonld wish to have the person of a debtor free: no good ead. wee served by hie imprisonment; but he would bavs his propertg available by attachment for his debt. @uch en alteration in the Law would, he thought, greatly dicainish the extent of credit. Any alteration in the precent Law, short.of that, and « reduction of the fees, would, in his opinion, be useless.

Mn Crane expressed himself in favor of the sugges- tien of Mr. Warburton, with respect to Quarter Ses- sions. If she sittings of Commissioners were only quarteriy, the increase or accumulation of business at each sitting would be such, that, even with reduced fees,

would be enfficiently remunerated for their time trouble.

Mr. Pors anid that, should the fees of Constables be

reduced, the employment would be sought after by none out the very refuse of Society. It was true that the standard character of these vetty officials was suffi- siently low then; but should the fees be reduced, it would soon become much worse. If im the Small Debta Courts, as then constituted, there was a funda- mental fault, it wae thet the Judges were not men of suilicient independence. It required much indepen- dence-to enable a Commissioner to give judgment against an immediate neighbour, an intimate friend, or a nesr connexion ; and such, unhappily, was the extent at litigation in these Courts, that the independence of Commissioners was tried by the occurrence of such difficulties at almost every sitting. In any settlement or district in the Island, the connexion of families, ge- perally speaking, wae so close and extended, that its exintence wae very apt to werp the judgment of those who acknowledged and felt its ties. Many of the indi- videala who presided in those Courts, were in no way qualitied to discharge their duties: they were not pos- ee3aed either of a sufficient degree of intelligence or a necessary amount of moral courage, to discern and de- oree aright. A change, with respect to the Small Debta Courts, by which mere intellectuality and know- jadge and greater independence would be brought to bear upen the business and decisions of those Courts, wae indeed greatly to be desired ; but experience told him that @ reduction in the amount of the fees would be attended by no beneficial result. The honorable mem. ber then conde:nned the extensive credit system of the sountry, which he pronounced to be a most serious, an almost ruinous social evil; and spoke of the difficulty of distinguis!iing, under such a system, between a rogue and an houwes! man, until the discovery had been made at too dear a purchase. The honorable member con- @iuded by sayiug that, for hie part he would rather aito- gether abdviie: imprisonment fur debt, which would, in a Vory material degree,.diminieh the extent and evils of g2nera) credit, than he would consent to the reduction .n the amount of Commissioners’ and Constables’ fees, yaich would, eventually, raise to the position of Judger, wan of the very lowest qaalitications, and consign the duties of the others to the very drege of society.

Mr. LaLacunurn made some gene:si remarks, and hen concinded by expressing himself in favour of Quar- orly Courts, and the abolishment of imprisonment for deot, ag a means Bhereby the bounds of credit would so beneficially narrowed.

Mr. Davise agreed with Mr. Pope in his opinion that & reduction of fees would imerease litigation. Were 2@ foes seduced, he thought the amount of Summonses en out would be webled. He believed many credi- or Who were in the habit of suing monthly, got no wre then (he amount of the fees. He wae favourable .o Mr. Warburton’a propoeal with respect to Querte: Seesions; aud he was also desirous to see imprison- ent for dest altogether abolished.

Hon. Mr. Vaormrom did not think that Quarterly Acasions tunid be an amendment. The accamulation of Busines oor secuient upon @uch an errangement would, be thougat, bring with if, as an attendant coasequence,

CHARLOTTETOWN, APRIL 20,

HIS Is TRUE LIBERTY WHEN FREE-BORN MEN--HAVING ‘TO ADVISE THE PUBLIC—MAY’

money. The Act, he eaid, certainly required amend-

eome peculiar cases, interposed to defeat the ends of

of appeal. On the-subject of fees, the observations

'made by Mr. Pone, were so judicious and so much to

the purpose, that he (Hon. Mr. T.) would rest satisfied with eaying that he fully assented to them. The fees were certainly not too high; at least none but the higheat were so. The mors! and other quaiaications of the Constables, speaking of them generally, were then far too low to warrant the extent of contidence placed in them: but, were their fees reduced, the only effect, with reepect to them, would be that bad would make place for worse.

Mr. Sesauze was of opinion that any resolution for the amendment of the Act which might be submitted and entertained, ought to embrace a reduction of feces, a reducing of the numberof the annual sittings of the Courts, and a mitigation of the penalty of imprisonment. He was satistied that there was a loud cry throughout the country against the Smal] Debts Act. That, perhaps,

might be traced to the three yeara successive feiluses in |

the crops; as—deprived, in a great measure, of their usual dependence—many had been obliged to contract debts which, otherwise, they would never have incur- red; and now, after the last year’s good crops, mer- chants and traders were eagerly pushing to. recover their own. It was certain that, within the last two years, a most extraordinary number of Summonses had

been issued. It was lo certain that there existed |

generally among the people, a strong objection to the amount of the fees paid underthe Act. It was believed by them that in some of the Courts the Commissioners’ fees amounted £70, £80, cr £90 a year: they were un- der the impression that » Commissioner frequently re- ceived £2 or £3 for one day’s sitting, and the Clerk more. With respect to the Constables, he had heard complaints toucnng the mileage charged by them in many cases: as, for instance, a Constable might have twelve summonses to serve along a certain line of road —one at the end of every mile—and, by charging mileage on each from the place whence he set out with them, instead of from one station to another, he would pocket more than six times as much as he was fairly entitled to. Some Constables, he was told, would serve them all in one day, and, by charging full mileage on each, would make £5 or £6 by their day’s travel. For Commissioners to allow Constables to charge in such a manner, was to authorize undue remuneration. He knew that, at one time, it was a distinct rule thata Constable should charge mileage only from one station to another.

Hon. Mr. Tuornytos said it was so in the new Act, in which also the mileage had been reduced to one half of its former amount.

Mr. Coves observed that the amendment in the Smal! Debts Act, to which the House stood pledged by their reply to His Excellency’s Speech, was to remedy the defect by which its operation pressed heavily on the public funds, which, in many cases, are burthened with the maintenance of debtors confined in the jaila. To this end he would recommend thet in every instance in which the imprisoned debtor was destitute of means for his support in jail, his creditor who had thrown him into it should be compelled by law to make him a sufficient weekly alimentary allowance during the period ef im- prisonment. There was also another defect in the law which oughtto beremedied. He meant the cominission fee or poundage charged under an Execution by a Con- stable, even when all that he had to do was to receive and count the money. In such a case, no commission ought to be allowed. It was different, however, whena levy was made upon the goods and chattels of the debtor: then the Constable, being obliged to make a sale, was entitled to a just remuneration for his trouble in conducting it.

Hon. Mr. Patmea thought the number of Small Debts Courts too great; and thatjlitigation was encour- aged by their excess. Ifa reduction were made in the number of the Courts, he thought they might go further and make a reduction in the fees also; fora diminution in the number of the Courts would cause an increase of business in the remaining Courts, tothe Commissioners, Clerks, and Constables belonging thereto; and, conse- quently, although there should be a diminution of indi- vidual fees, yet the whole amount received would euffi- ciently remunerate all entitled te share thercin for their trouble.

Mr, Speaxer eaid that should they make a reasonable reduction of the. fees, both plaintifis and defendants

swe gen srsioty and imcreaved expense of time and

would be benefitted by the cheage. Whon the fees

1850.

SPEAK FREE.’"—Mirron’s Eortripes.

Ce tee ee ee

v3. I.—u9. 23.

were lower than they were then, men quite as competen:

ing under the existing Act, were found to fill the office,

| justice and to favor the eacape of the fraudulent debtor; quite satisfied with the a:mount of their fees. Of hie | ag also to the trouble and expense attendant upon cases

own individual knowledge, he was not aware that the

people generally complained that the Courts were too

numerous. fle would not pledge himself to go for & _reduction in the number ef the Courts; but waa quite _ willing to lend his assistance to amend the Act to the ‘ exient be had already indicated,

Mr. Loncwortn said an increase of business eansed

by a reduction in the number of the courts, would ms

it necessary for commissioners te holt their sittings for ‘three, or, perhapa,. sometimes ten days, instead of one ; and such prolonged sittings would greatly increase the expenses of witmesses and the fees ef cunstables hep im attendance op she court.

SaercvrvaY, Mareh 16. HOUSE IN COMMITTEE OF THE WHOLE OR ROAD COMPENSATION ACT.

Mr. Speaxer rose and sax that in opening new linea of road under the Road Asesesment Act, it hae hap- | pened that a new line has frequently passed diagonaliy ‘through blocks of Iand which were heavily assessed ae | being likely to be much benefitted by such road, and at the same time it passed within that distance of similar blocks ; but as it did not touch these last, they eseaped Asseasment, though no doubt they reaily were made more valuable, because, when a public road is made to pass within a quarter of a mile of a block which pre- viously was three or four miles or more from any public road, the proprietor of such block o Jand must be held t6 have received a benefit, and should be made liable to pay something like an equivalent. With a view to enable the public to receive some equitable compensation from auch properties, he wished an amendment to. ke madeto the present Act.

This Bill, a literal copy of the old Act, waa on Mon- day, 18th Marck, reported agreed to, without a amendment, in a Committee of the whoie House; ordered to be engrossed.

AFTERNOON SITTING.

House in Committee of the whole upon the Ime enast Bint.

Mr. Lorp introduced this Bill, and his views with respect to it, as also the changes in the law agrees te by a majority of the House, are briefly set forth in the Reporter's Summary published in the Examiner. The views of other members who spoke vpon the sub- ject whilst the Bill was before the Committee are here given ina greatly condemned form.

Mr. Porr thought it would yet be premature to re- duce the amount of head-money tevied upon fmmigrants. It was well known that the tax was imposed with no other view than to provide a fund for the relief or support of such immigrants, ae, destitute of both friends and means, would otherwise, in ease of sidkness, or 1” health whilst unable to procure employinent, be wholly dependent for their support upon private charity o public bounty, There was not as yet, however. established a surplus fund, from that source, for such & purpoge ; and a reduction in the amount of head-money would tend to a material increase in the pauper popule- tion of the Colony. He would consent to an assimila- tion of the ecale of hend-money to that of Nova Scotia ; but any further reduction he would oppose, on the ground that the consequences wonld be highly injuriowe to the Country. The influx of immigrants from the Highlands of Scotland; many of them old or middle- aged persone ; half farmers, half fishermen; nearly ail in most indigent circumstances, and, otherwise, im aimost every respect, unfitted to become thriving or even useful evttlers in the Colony; had, within the last three or four yeare, caused a very heavy expendi- ture of public money. With a view to provide for the support of such persons, £10,000 of the public money had been expended in the pureharing of seed grain, The hon. member concluded by again observ- ing that be would be satigfied with the establishment of the same cates or scale of head-money here that exists in Nova Scotia.

Mr. Sexaxer observed that it was known, that Greai Britain looked to her Colonies, to afford her 4 relief from the burthea of her pauper populstion; and that the parish authorities in England provided for the tranepors of pauperized families to these Colonier, without eu plying them with any means, either for their esto dlist. ment ag eettlers, or for their temporary support after landing on these shores; satisfied to save their fe) 2s) perishes from the burthen of theiz support, and sppareu.

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