ti

3

‘3‘"...- _ lfifim'hézn‘. I . . y ,_

\

at“!

a.

the i - and on the tribunal'of justice in the morning. He aduly’aalt, are Magistrates in the confidence of the thhey are not; WentheyappomMaaweai-e,

of the community at large,_ how many of them would he now sitting on the seat of justice ? Few, few, indeed.

»

Manama! feltsorrytohear tlnttherewerssuch inKiag’a County,astliehon..member (Mr. be

hdmpraaentedthemtobe; buthefeltper-aded 'thets werenonichcl-ractstiiinPrinesCounty,inthe

iii

8- a a S E 8'

s l: at

gnourgeto inriadiet‘ to magi-tine! ammnammmimm He landladhnainoresuin-

Ilid W to- is“ his rant—that is. Mute-me. , le has anundtie preference in society, the the anainment of

mm“ or“ i.“ 3"“ "mm; I. the then not rate 0 qt ' of this Bill is to lessen the expenses cominginto Court. It will Al: and: laid-rata- veciiea andspccdyjusticc. sto . I“are didb'i'ent feelings entertained towards waaaware that when a country was the centerpiece“ ot‘ the general feeling. were not nfillihla. Thaajudgea were not legal authoritiel acknowledged that in isles the dee‘wiona of Courts ran sometimes too fa sf premgativeL-aonnnmea too much in at M ~fraquently bore hard on the free- ; all in the peaeiu state of this Colony, was a general leaning amongst the minutes claims of the proprietary so l. tho the Bench and the Bar, Were. held bulb! way. Poi-tibly it might be said, that m them are also biased in their judgment—that

? z

escaped ,

l

l a

, jig

‘3

H lot escaped the infection of strong party feelings. Ha lined. however, that amongst the various magistrates dim“ County. none had heeugu'ilty of conduct sp-

' buy in» like that attributed to some of the

in K' a County. But passing from that, he

thought tht the alleged bias of the Magistracy towards the claimants could not receive any nlltllllona'l.

WM doi in'ustice by this Bill, because question-i o tout: cad-lulled from the Bill. He felt satisfied it won never pant unless those were excluded. It had already an unfair inference over other claims. He thought lh'n measure mi t be rendered still more useful by leaving it optional with the parties litigant to call in three men to sit Isa jury on the matter in dispute. He would HlSO'lIIOVC, ' be inserted to prevent execution being issued . Riv thus or four months after judgment, and also to give a fill". in cct'tsin'iiltaiices, to the defendant to pay in the attic kind of produce as stipulated. \Vith these provims he thought the Bill would not be an instrument of oppres-

i

‘- nch called for by country, M He would team: page option ofthe Plaintifi‘ or Defendant to cdlfiii‘ljlll’yg hug thought it necessary. It was always his desire

cheap duties in the country. _ re good Bll would do m9_ , Mr. Macnoiuui thouglii: glam; Prawn much Injustice

' In the first lace, a iiiutlleil‘iii'gs; for it is l: well known fact that some 53%; will, if poaa‘hle, runtip an account, other thestltnit out pounds, in order to evade the debt—that is, to p03 the iower of the creditor to bring them employ missioners of Small Debts; and if h erchants do not their °‘°"‘" “‘°’ ““"°‘ 'i’°°"°’ i? “ii stip'fimffi we imon'. Acause sou . finable’ either Plaintifi‘ or Defendant tog?)an i"v°“”c°'fi'°.r.r.$i.:idisarm... hon. mein rs; an i _ . hen the

‘ ndered b the Commissioncis, w :inmwzdb‘liigbiwfi till abcr the lapse at three "when: from the ing of such judgment. At'prcselit the timsed at the option of thb Commissioners. With these pfOPO amendments, he would ireer go With the mcitounit.ll Chum

A motion being made that the Speaker do take ‘ o .n— the Chairman re progress, and ask leave to 83‘ ago!

divided :— _

qufzn-Ti‘lzzs. Montgomery, Maclcan, Fmser,_(fia9l'k, R39: \V. Dingwell, Longworth, D. Maedonald, lllacneill,‘ . Beck,

Nays—Mr. Speaker, Messrs. Le Laclieur, Dalstol, Thomson, 1. Dingwell, Gorinan, Forbes, Palmer,9. 5 Mac-

The numbers being equal, the Chairman _(Hon. - .se donnld), gave his casting vote in the affirmative, othusvtlhe the Committee would have rose without reportingniu

ill would have been lost. ‘- . . BThe Order of the Day, for the second reading of lt’hfi amendments made by the Legislatiye Councd to the i intituled ‘An Act to prohibit the burial of human: 68.": any of the Towas of this island, and to .cstablbli buria grounds in the Common of Georgetown,f being ; th

Mr. Speaker stated to the House, that it appearin that I 8 Legislative Council had amended a Clause iii the ill re 3- tiiig to money matters; and had also proposed an anion - ment, which if adopted, would have the effect of iniposmg a charge upon the revenue—the House. tlierelore, could notti consistently with its privileges, conSider lurther of the sat amendments.

Ordered, That the said amendments be read a second time this day six months. _ .

Mr. 'l‘uonsox obtained leave to introduce a Bill to provule burial grounds iii the Common of Georgetown.

thought the menu" and would be ofglmt

SATURDAY, March 6th. ' The Bill to amend the Act relating to the limitation of Actions affecting Real Estate was passed, and returned to the Council.

..%i‘b& “bum

being read; . that the said Bill be read a second time

that no. Law to w :iiiigd, shall be re-enacted; firr the Relig‘g'cerlam 0 Provincial _ disallowance at House cannot talt

e reasons - . ‘bgodostpo'ned until this day

owing Resolution be agreed to :—

Bill now before this House, semny this presentSesswn, certain of the flmerwan Hotislg’in the Session of 18 h. ted in the Resolution passed by t is —-which objections remain

1 cont to the iosfvhichriliz Royal assent has once he

was the axe with aBill simil _ f ' the Le islature o giggiilirliaésriii l1"ylierefore, load,- That the Order of the

discharged, an that the said Bill be res day three months.”

.. I E COUNC‘I» LnotmeAlTfim 1341.

DILL- _ . Tn .LTdft‘liseTsecond reading _of thé Bill

' f the Da _ O n Loyal. ' '11::ng git/1:! for the Ripe/'0 certain it titlhcrflnm‘wa ’ iii: and disbanded Provincial ops, a WWW”

' d

be discharged, an . aids day three months , House do come

On motion, that the Order of the

It. was moved, as an amendment, that the

before the Com- to the following Res°llnimn~he Rollo] Instructions, it is di'

“And whereas, in and _by l o a] assent has once been hm" m" R yhe Bill intituled An Ad

alists and 1131

has received the

That this

Represe , Her Majesty: Resolved, thatfofieh'u’ for the e into its consideration the sat“th imid Bi“ and that the second readi’pg of e V I three months hat the fol-

further amendment, t

the 01);, and their

It was then moved, :15}: ions provisions to the from the House 0.

An Act for flu relief Loyalists and disbanded Prom

. is . .5 .1... ed_ obi ‘b and the". Reprm’dfdjvfd’r llie severgirleolllectlons sm-

House on that occasion full force; and it betng to re-enact any Law an refused,hwhich

' its enactments to t ‘6 pre- M m this Colony in the

That as a Bill similar sent up intituled

“ Resolved,

still iii Royal Instructions

for the second reading of thekBill intituled.fln_./Id for

Day, . ' . al and disbanded 3’s" he role 9 d a second time this

' d' 'ded on the motion of amendment: C‘iigrfilzg‘issi—Tlic President, Mr. Goodman, Mr. M Intosli, Mr.

Yo§g100NTENTS—Mr- WOW”, Mr- M‘wdomw’ Mr' I’mu’

Mr. Dalrymple, M . Matnutt, Mr. Solicitor General, Mr. Holla

And it nssed in the negative. The quldstion being put on the first amendment—-

The House divided: ‘ , . to Mr. You. . CONTENTS—Mr. Goodman, Mr M In gang”, Mrfiigl _

N on—Cox’rniv'rs—Tlic President, Mr.

old, Mr. Linea, Mr. Dalrymple, Mr. chnutt, Mr. Solicitor - General, Mr. Hall. ‘

And it assed in the negative. _ - . The qugstion being then put on the original motion-—

The Bill sent dOWn from the Council for continuing the The House divided :63“ W Mr. - - - - _. t Mr. Goodman, Mr- 0m”, Act establishing an additional Tenn ofthe Supreme Court, CONTENTS Pr 6‘" i “a- Mr. So_ called Easter Term, was read a third time, and Med thltlh MB L100“: Mr- Dal Mr“ Mm ‘ e

' uctivc of benefit. Mr. Macon“, wu re .... L - L2; ' ,-.m

(If. Le Lacheur) had' said about this Bill giving the pro- ' body an additional weapon against the tciiantry, would a , that that body have now as much power to recover tdeir rents as the law can pus-iblv confer on them; ' havetho very summary remedy of distraining on the “at for their rent, atid recovering the same without the intervention of a Court of Law. “'ith respect to the Magis- ttacyof the Island not being competent to adjudicate in matters of Ten pounds, he was persuaded to the contrary. He thought they were all as well able to adjudicate in inat- torl of that amount as they now are in amounts of Five pounds. lle (Mr. Mach-an) would have their jurisdiction confined to actions on simple contracts, such as promissory _ Notes, Bills ,of Exchange, accounts stated, and trOVed by disinterested testimony—all this would he of tie utmost Hoefit both to debtor and creditor. He knew well that Erik?! are at present subject to great expense and delay in 'tiging actions on matters of this nature in the Supreme Court. He therefore thought that the measure would prove beneficial to the country.

i Hr. Panza said, that the measure was rather premature, hilt. presentable of the country. If the country were more advanced, it might do very well ; but until there are to be thud ill the country gentlemen who, by their educational training, will be competent to sit in judgment in cases in- volving questions frequently (ifs compficnted and intricate Rollin, we must wait till then; he did not consider the, country yet ripe enough for the measure. lle helicvrd that such a 'urisdiction did not exist in any country—even in l'lnglain ; if it did it must have been introduced very lately. The Small Debt Commissioners in London, where there is an immense population, are limited very much in their jurisdiction, and there, too, those gentlemen are members ofthe Bar. If we are to provide a measure ofthis sort, let it be limited to Queen‘s County. Let it be confined to the cafital, Charlottetown, where wd may always be sure to have men at abili to preside on the'beneli. He would go this far with the Bi I, and in doing so, he would not tic those gentlemen down to simple contracts, as promissory notes, accounts stated, but would leave them to take cogiiL lanes of transactions of ordinary occurrence. \Vcre the Bill made to apply to the Island in general, he feared it would‘have a bad effect. At present, appeals are (frequent flout judgments rendered by the magistmtcs, in matters of fivelbillings ahd upwards, to the Supreme Court. This ‘tloes not speak in favour of an improvement. There is int] ubt that if this Bill were to pass into a law it would be t it means of encouraging litigation to a great extent. , Matters of Five pounds and upwards frequently involve very nice questions of law, as far as regards the legal efi‘eet

"‘ -9f promissory notes, bills of exchange, or specialties; it

2"1

Idjudioate in s A ttora Besides this, another dangerous result would. fol from this Bill—it would afford the suitor an opportunity to give testimony in his own cause; it would permit hint to recover his demand on his own oath. This Would be an inducement to commit perjury, and it is a prin- ciple quite repugnant to the law of evidence. “'0”. sup- poatn the suitor were obliged by this Bill to establish his case y disinterested testimony, the question of interest would then come before these Commissioners, which is frequently a veg nice point for the Court to determine. By the present mall Debt Act, a man can obtain a Ciipias against another on his own oath, for any amount below £5, and have him arrested and imprisoned under the same.

Now, were the Magistrates' jurisdiction extended to £10, the same would be the

. f the on. mover would modif' the Bill as be (Mr. It) wished, he would go with him. Ill: d to sea the time when the whole Island would be ctcntiy ripe for‘such a measure. Mr. Mormon" said, were he to confine the effects of the Bill to Queen’s County, it would be favoring that County be ‘ond the other two—this he was not inclined to do. r. Ipsowoa'riu would call on the hon. member for own to pomt out one individual M ' trate in the lalan _who dgserved the appellation of :ngIsbull-dog of oppression.” ho, he could not‘; there was no foundation flannel; a charge. As 'to lb? lion. member (Mr. Le La-

. s arguments against t is measiue the ' were eve thing but sound, All he could do was to’raise3 up that grog sure-crow of his to frighten members, by telling them that if Bill were to the proprietors would thereby be enabled to pounce own with increased mpacity on the tonantry, and drive them to destniction. Such would not be the case, ibi- they (the proprietors) have nowas much power as they require to recover their rents. All they have to do is to diatrain, and, iftbc tenant think himselfa grieved, he mayre levy to the Supreme Court. For his ( lr. L’s.) M 118 ft: linclined to give the Bill a trial, at least, for one

car. In extending the jurisdiction of the Magistrates from I “'8 P0911“ ‘0 Ten. he would have them tied down to strict :3 eVidence—such-Is is required in the Supreme Court— that patties litigant should have the right of appeal from the judgment of such Magistrates.

Mr. FRASER observed that a great ded had been said on theqtiestion; and as he was not in the habit ofinaking any. speeches, he would detain the House buta very _’ .mflmlitln few remarks he was abouttoofl'eg, He

cannot be supljgthat laymen are competent persons to

thiration ofthe bill to three years. . . Mr. Secretary llavilaiid, by command of Hjs my the Lieutenant Governor, delivered the lbllowmg 1

C. A. FITZ ROY, Lieut. Governor.

The Lieutenant Governor lays before the House of Assem- bly the estimates for the services of the current year. I

The Lieutenant Governor, at the some time, transmits a Memorial of the Committee of Management of mchcptml Agricultural Society, praying for a grant of money in aid of the funds of that institution. As the objects for which this grant is asked are for the general benefit of the Colony, the Lieutenant Governor cannot doubt that the Memorial "I" receive the favourable consideration of the House.

The Lieutenant Governor also transmits a Petition of the Magistratea Merchants, and other inhabitants of Georgetown nml vicinity, representing the inadequacy of the salary of tlic. Sub-Collector of Customs for the Port of Three Rivers, and praying that such an addition he made to his salary as the heavy and responsible duties of his office entitle "him to re- ceive; and the Lieutenant Governor recommenth nine to the favourable consideration of the , .

The Lieutenant Governor furth transmits r Petition from \Villiam and Andrew Miller, contractors f0} building the Bridge over South River at Murray Harbour, praying for additional remuneration, in consequence of the width of the river exceeding the plan and specification of the Bridge by 48 feet, and for other extra work performed by them in connection therewith. As the petitioners appear to have a strong clniin upon the Iibernlity of the government, the Lieutenant Governor has every confidence that justice will be, done them bv the House.

Government House, 5th March, 1841.

C. A. FlTZ ROY, Lieut. Govemor.

The Lieutenant Governor lays before the House of Assem- bly the Returns of the Commissioners of Statute Labour'for the' past year, together with their Reports of the state of the Roads and Bridges within their several districts: Also, an account of the Road Correspondent, sliewin the manner in which the moneys received by him for t is service have been applied. And the Lieutenant Governor leaves it to the House of Assembly to vote such sums for the service of Roads and Bridges for the current year as they may deem necessary for that purpose.

The Lieutenant Govemor also transmits plans and esti- mates oftlie expense ofa Wharf, and of a Hard or Slip ut the Ferry Point opposite Charlottetown, as requested by the House of Assembly in the last Session.

The Lieutenant Governor further brings under the consi- deration ofthe House of Assembly a Plait, together with the Deputy Surveyor General’s Report, of a line of Road from Diugwcll’s Mills to Cardigan River Bridge.

A Petition for a centre Road from the head of Hillst- rough River to East Point.

. A Petition ofthe Inhabitants of Crapaud and Sable, for a right of way to a place of shipment in Crapaud Harbour, with the Commissioner’s Re , ort thereon.

A Petition of the Inhabitants of Barbara Weed and Nor- thern Section of Lot Nineteen, for aid in building a'Bridge across the Creek at Angtis Macintyre’s, and to open a line of

road from thence to meet the line of road running through the New Village to Lot 17. '

A Petition of the Inhabitants of New London, Cavendish, and other Settlements, prayin for aid in erectinga Bridge over the Mill River, at Fyfl'e’s Terry, New London.‘

Also, a Petition of the Inhabitants o'fMascouche, Lots Nos. 15 and 17, and Tignish, praying that a Road may be opened through the farm in the occupation of James Ramsay, Lot 17, to communicate with Richmond Bay.

The Lieutenant Governor submits the foregoing Petitions to the House of Assembly, in order that they may- vote the sums necessary to enable the Executive Government to carry these objects into effect, as far as the local inlbrmation possessed by the House may deem such measures advisable.

The Lieutenant Governor recommends the House to ap- propriate a sum of money to open the road from the Court louse at Saint Eleanor’s to Mascouche, being a continuation of the line of the Western Road as originally laid 0E

The Lieutenant Governor also lays before the House a Report on the present condition of Poplar Island Bridge and recommends the House to vote such sum as ‘will be nices- sary to put it in a proper state of repair.

Government House, 5th March, 1841.

The above Messa es, with their‘enclosu . to be taken into congideration on Friday thfifieizsfrdered

A Message was received from the ' ' ' witlia Bill for the establishment of CfiLiiugfdlngzmfid:ciii Queen’s County, to which they desire the concurrence of the Assembly—and also acquainting the House that they had passed the Bill to continue and amend the Act for regulatin the measurement of Boards &c., without any amendment. g

.Mr. Macnaan introduced aBill to prevent the I ' sticl’tr, bludgeons, horsewhips, or any other weapon, at 9 cc-

tions, or within three. miles of the place of holding the poll l _ I

which mnadsfiuttune.

carryin of '

I ijiM-i In former y

ONTENTS—Ml‘. .M-Iutosh, Mr. Young. And it passed in the aflirmative.

———v '

i" , attic colonial feces-Iii.

SATURDAY, MARCH 13, 1841.

~

The Courier with the Mail arrived on Saturday evening,

about half-past seven o’clock.

UNITED STATES Basin—This much-talked-of establish-

ment has sto d with little hope it is said, of redemption. The capital igzetafed at $8,750,000,’orwhich the sum at $7,- 000,000 is due to other countries!

The effect of this, on

many persons in America and England, must be ve la-

mentable. Nearly all the other Banks in Philadelphia avet suspended specie payments. - ;

Hanson, March lit—We regret to have been informed by

the New York Journal of Commerce, that our respected towns--

man, John Morrow, Esq. U. S.» Consul, has been removed from his situation, and superseded by T..B. LiVingston, Esq.

No reason is assigned for the change in the United States papers, nor have we heard the cause even hinted at in Hali-

S.—Tlie Report of the Committee on Foreign. afiiiirs, embracing the North Eastern Boundary question and Mr. Macleod’s libera~ tion, has been introduced for the action of the government,’ but no decisive step has as yet been taken upon it. Should.

fun—Halifax Recorder. Wanna—House or REPRESENTATIVES, U.

the report be adopted, it is tantamount to a declaration 0 War against Great Britain by the government of the Uniter States—1b. ,

Team—At a Public Sale the past week, the rice declinl from 35. 9d. to 23. 4d, and but few lots sold.— alifaa: Tid-

Tlie House of Assembly of Nova Scotia have voted” sum of £180, Halifax cun‘ency,40wards encouraging a Sim intercourse between that Province and this Island.

The Legislative Council adjourned on Saturday hi for nine days, to meet again on Monday next. The converti- tion of the Land Settlement Bill by that House standsi the Order of the Day for Vi’ednesday next. Previous to 11?“!!!- ing, they had agreed to the Census Bill, with somdlflmg amendments.