-1iAsz.'A’R'I)-s‘~ GAZETTE.

MAY 11.

EASZARIPB G-AZ_E_,'{'_'I:‘IEl. Wednesday, Kay 11. 1853.

SUPREME COUR.'l‘—EABTEB TERM. for H.asaard's Gluten.)

Appeal from the Judgment of the Mn istraten, in the case of the Queen versus Henry hazard, for refucin to be sworn and give evidence In-fore them, in t e case of the Queen versus Richard Reed, for neglecting to have the accuniuiodations

im, by Law, as it Licensed Tavern-

I‘. Iii” this case, the decison of the Bench, as delivered b His Lordshi . the Chief Justice, was, in egctn-That, alt u b no member of the Grand Jury can be call u n “ to is- close the council of himself, of is fellows, or of the Queen," yet when any Bill of Indictment shall have been found, by the G d ury, or Prosentrncnt made, by them, on the evidence of any member or members of their own bod , the individual member or members of the mind Jury, on whose evidence any such Bill ofIn- dictrncnt shall have been found, or presentiuent made. are liable, as any other witnesses, would be, to be called upon, under penalt , to sustain such Indictment or presentment, y their evi- dence, in any Court in which a fins legal deci- sion concerning the one or the other is to be made. The Grand Jury were certainly entitled to, end would we a receive, the protection of the Court; but this certainly was not ll. case in which y con claim exemption from 'ving evidence before the magistrates. The ad visited these Licensed Houses, ascertaine , on view. that they were deficient in point of the accommodations which the law required, and had presented them accordingly, to the Court; and it would never be conceived that. under such circumstances, the would be committjn any breach of their oatg by fling evidence 0 the facts ascertained by them fore the magis- trates, whose duty it was to enforce the penal- ties against the parties complained of. The conviction mustbe amt-med with costs. His Honor Judge Peters had previously observed, that, on the evidence of certain members of their own body appointed and commissioned by themselves to inspect and and Report to them concernin certain Licensed Taverns, the Grand Jury ha madea Present- nasnt against certain Licensed Tavern Keepers for not havin the accommodations required 0 them by the w, and the absurdity of sup- posing that such members of the grand Jury could not be ca ed upon. ina proper Court. to sustain proceedings taken against any of the said Licensed Tavern keepers. in consequence of such Presentment, was quite evident from the consideration of the fiict, that such Present- ment would be altogether uugatory, unless gpgsgained by the evidence on which it had been

c. B. H. Cumberland and Wife. Plaintifis,

vs. Nail Dsrraoh, Defendant. This was an APpplication to set aside a Judgment

obtained by the aintilfs, in February, I852. for £30 Ba. I0d., made up as lows, viz., £8 Ills. sterling for the use and

for one year's rant, and £26 ls. Cd. occupation of 50 acres of land held by the Defendant on Lot or Township No. 66.

The Defendant's Alhdsvits set forth, that he ll

wholly illiterate and does not understand English,and that when he was served with ' y of a corn u procese—the lirst ale ' not know what the Plaintiffs meant by it, as he had only the da previous tendered the year's rent, and ant and Attorney refused to take; the Afidsvits farther contain copies of Plaintilfs‘ receipts, stlswi the rent to have been regularly paid since 1340, wu to the year I . The main point relied upon b Mr. Stewart. on be- half of Darrach, was, that the c aim for use and occu- pation could not be made good. without sorns express promise or written agreement on the part of Darrach, when the provisions of law were so decidedly in his favor; that the plaintiffs‘ attempting to recover for use and occupation, without any express proniisc, or agrscumit by Dead, were shut up ton period of 6 years alter the cause of such action; and here he had shown payments including over a period of I2 cars.

The Court granted a Rule .N‘i'si', returnable rinity

CD.

I. H. Cunsuaaaun and Win, Plsiutiflh. vs

Nari. Dsunscn, fondant.

This was an application similar to the one made in the ad’ case, the Judgment herein being in- elusive of costs £44 12s. 6d.

The proceedings had taken place uridsr the follow- ’ circumstances :—Ths Plaintili had in May l85l, lids the Defendant to Bail in an action of covenant founded a a Lsescdstsd the 9th November I8-I8, under which as sworn in the sfidsvit of W. H. Pope. hq. as thslrAttornoy,thcy claimed the sum of £34 and upwards,as due under the Indcniure of Lease between I841 and 1361, the amount but being £4 4s. 3d. cur- reaey. The Defendant, in his Afidavits read by Mr. Stewart, set forth that he had caused to be retained as his Attorney and Counsel, the Hon. 0. Young, who

been entrusted wi his ass and sundry rs- seipts, showing that the rent which had accrued since thsdate cf the Lease had been regularly with the exception of a smell balance which had a ten- dared to the Agent and Attorney before the com- meaesmeut of the action and who refused to take it, sales the Defendant would give up his lease and take a new onc,in which the Agent stated he designed to ion for the ultimate payment of certain back rest which he alleged to be due to the Pleintiflh, that ustwuhstaading the production of his lease and receipts. his Attornc colored J mum to be entered bin for the (all aaiount claimed by the Plain- ti under which the Plsiatidb sued out an Execution and detained ' ' ' ' to sun farm as accounts!‘ the udguisat in this and the other

action. The Court observed in reference to this case that as it appeared b the Defendant's own stiidsvit that ‘ orncy ccatceeed or allowed the Gdflpllllfil Of. 1° Plfllfl blfl. his remedy lay last his Attornsy,if he had sated improperly in so o'sag,sad thcrsfors declined man‘ u, Qflgf I. this the case. -

Tue Luusu-rive Cocircii. Dunn.-We thst we should not be able to insert the who of the Debate on the Salaries Bill, in one as we should have w‘ : we have divided it in a place where the Icon lfill/l)l0h& : and slmll conclude it in

our next number. Our readers will understand H

tbubibbatc is furnished by the authorised’

ofthc Council. H. D. Morpeth, Esq., 0'10 Idsflty of whose re rts has never yet doubted. We believe a Debatsis of t in- urosttstfipeaiio, and we trusttliati ion in willnotdctsrsn Mini ' '. or t of much discussion, fled to, hereafter. Wt lisvs'lIsse.,'oliligcd , dsr.of thebebats in the House ofAsssm 0-I-fiohlss-lea Bilhacwccouldnotlnishit ' -this . Aeaucliasliorttlucelspessbetween our issues, we trust no.£rsou will lose the by s unavoidable pose- . use .

AlaOOlAtlop you Ivrpaa lissucvessurrr.

connection

todefer the-rt had

gl)O sanoyssos.bylislag

Cl<lAltl1)T1'|'.'1‘UWN<(iAU Ltolsr, Coirr.uvv.—At a general )lJl)llC incetin of the shareholders of the Char ottetown Gas Ai lit Company held this day at the Temperance Hfll pursuant to notice, and in accordance with the Act of Incorporation the following tlenien were elected by ballot directors of tie said Company. Hon. D. Bre- nan, James Walkiusbaw,l-)sq., Janice Anderson, that Hon. (‘.:H y, 00 W.‘ blols. Esq. l-I. . Lydiard. ya

PROVll)l’.N(.‘H l‘HAPl¢L Sl)llll€l'l. l

The Bnplllt Ten Meeting came ell’, according to niinounceiiicnt. on Friilay evening last. in the 'l'euipe- rsnce Hall. The evening was line. Twenty tables, provided gratuitously fur the occasion, were spread, and bountifelly supplied; and a large company-as large and respectable as we remember to have seen there on any similar ocr-asinn—-pnriodr of the repeat. The Brass Band of the "Sons" gave their services gratuitously, and played ll numberofllicir best pieces. We thought the Band never rounded so well in the Hall. Aller ten, the tables nnd dishes disappeared as if by magic; the seats were wheeled round.end,a full audience were waiting to bear the addresses. Rev. W. Hobbs, Pastor of the Buptist‘Chureb in Charlotte- town. who presided on the ‘occasion, spoke first. He was followed by Com. Orlcbnr, on the "cliiinis of Sabbath Schools and Sen-faring inert." His remarks were appropriate, touching and soleinii. On each of these points he could speak from experience, and would lend his Baptist brethren .’ helping li'an'd, upon the truly English principle of helping those who are trying to help tliernselves._ Rev. Mr. Narrnwuy, of the l’Vesley_nii Church, madd the concluding address, upon Christian Union. The exercises were varied by Hymns and Vocal Music. At about ill, ilie company sepurnted. Those interested in getting up the Tea, were atfocted with the. kindness shown them by the eouiuiuuisy of Charlottetown. and this spirit of kind- ness and gratitude seams to have been mutual? “ Be- hold, how good and how pleasant." &c. Upwnrds of£20, clear ofall cxpqises, was ronli1.ed.—Com.

correspondence of lIessord's Gazette. Bunroua. May bib, 1858.‘

Since our Temperance Hall has been opened. the Total Abstinence Snciety—-whicli hnd bden slumber- ing since the introduction of the Order of the Sons-— has been rs-organized, and monthly meetings estab- lished. to awaken the public mind in favor of its prin- ciplcs. ’l he at of in series of Lectures on the sub- ject of Teinperance was delivered by the Rev. G. 0. Husslis, the second by the Rev. R. Patterson, which produced a great accession to the ranks cfihe Society.

On Tuesday evening last. Mr. Win. G. Strong de- livercd ll Lecture on the same subject, treating it phy- uiologieully, whic was ' ten to with innrk attention; slier which, Mr. 31 B. Cooper. from Ober- lottelown, made some interesti statements as to the general progress of these prlncip as. A collection was taken up to defray expenses.

The next lecture will be delivered on the lirst Tuss- day evening in June next. ' '

To run: Eon-oii or Hsaz.u1n's Gszrrrii.

Sir,—Haviug heard that you intend to re- pprt the proceedings of the Supreme Court on

onda last, and particularly decision on the Ap of the Grand Eur on who refused to give evidence before t e agistrates, Iwould wis draw your attention to the followin statement of the facts of the case, as it iso particular interest to the public, that such of them as may become Gran Jurors, may know the peculiar‘ situation in which they may be

laced

At the time of the ‘Grand Jul '1; being eni- last Hilary Terui, the urt directed

their attention particularl to the sale ofspirlts, both by licensed and un icensed houses; and when the matter came under the consideration of the Jury. in order fairly to investi to the matter, a committee of three were appo tired to visit all the licensed houses and ma tion and enquiry as to their possessing the re- quired accommodations—-a list ofnnmes having been first furnished to the said committee by the Jui-y.——The committee, in accordance with their instructions, visited the several houses and made their report, whereupon the several parties were suminoiie fore the Jury to anawersuob gages- tions on oath as should be put to them--w re- upon many of the parties, indeed the majority, frankly stated, that they had not then the

required accommodations and never had had M

them; that in some cases theyihad been told by the Magistrates that their accommodations would do (though deficient of much re uired by law); that, in other cases, the partiestliad ro- mi ' themselves with what t cy were dellc entof; and in other cases, the certifi- cates had been granted by the Magistrates with- out llrst having visited the House, whereupon

the Jury_after carefully hearing the evidence of 1

the rties the urt, an account of which has before been given to the pnblio—-but only in one instance id they wish or intend, that the parties pm sented should be subjected to a lino-but, riugisanatl in ‘h r ‘ Y ' ‘ ' iogn should be suspended for a time and until they should produce new certificates in accordance with the Iew—-but ‘attend of this, the-present ment was‘ handed ‘over by the Oourt to the Magistrates who caused all the rties to be summoned before them‘, and at t e same time subpusonsed the Members of the Grand Jury, who pad formed the committee, as witnesses.- The ur on duly a red to answer the sub- pmons, ut, when in oi-med of the nature of the evidence‘ required of them, they ref ' evidence in the matter,--huvi soruples of conscience upon the question from the out they had taken as Jurors, and the -, to satisfy themselves that the view they ha taken was the correct one, took the advice of the their Attorney General the Hon. Uharles Young. previous to their adhering to such refusal, who gave as his opinion, that " the Grand Jury were, not only, not bound to give evidence

touching any matter that had qome bcfore_

made a number of presentinenta to

* them as Grand Jurors, but that they would be ° -wrong in doin

so—c.s they were precluded by their oaths.‘ --The Jurors adhering to their rofutal to give evidence, the. as _

mass was adjourned for a fortnight. Durin the ' ' suiumonsui wsrpsseperally is . ‘Isa: §'l‘.‘r..'.ou for the some Rive pounds. as the’ for the noon, as a‘ penalty or such refusal; and, at the adjoll hearlu , the Jurors;

wllyIned' in the sum of ‘live

pfiaed. ,'l‘lic._ Jurors rested their case fore the Com: ,oi'i Ilia ‘ uses. that evidence was requir o _ .: huts and things that come to their know go as Jurors, w ' '

in thedicohargooftbelr yassuch; and for that reason, they didludd r themselves ei mkou bee: and ‘that suehlpvcessuncan were made the rssjority ct‘ issusccs ed the con- fesslou of the parties thelnsslvssl-ydsund thpt it‘ Grand‘ Jurors were liable to be “apes witnesses before an inferior Court. ultl rendered .to much inconvenience and

troiuouspart

e observa- o’ loe

h ring of ther

pounds .' which ‘decisions they severe Iy a_p- Bridge scr

tlianat liberty or bcuadb dieclobdwhst had ~

of the cools the odor and liable to be bi-ou ht ll)i0’f,G£‘l’iIliil| with 'every_ person im- pciic ed. However the Court overruled this objections by stistiii , that the only thing to e kept secret by a ‘rand Juror was, how his brother J urcrs voted on any tlidhlur question: and ooufirniiul the «incisions the Court below.

Sonic. persons nmitcild that the Grand Jifry should line aunt constables to visit the houses lnqucstlou; but bad they done so, would the work have been as faithfully perforated? .

A J riioa.

Married,

On the 5th inst., at St. Eleanor's, by the Rev. J. H. Head. Rector, Mr. David l’icltering.ofNew Lon- don, to Grace. daughter of Ir. Reuben 'I‘upliu, of New Annau. .

Died,

At New Gla w Road, on Pncsdny the l0ili inst., Mr. Hector M‘ illan. aged 3! yeah. He wuu a na- tive of Scot nd. and emigrated to this island in the year l833;—lie leaves a large number of friends slid relatives to mourn liis do rture ll'orri among them. He died in full hope of a glorious immortality.

Port of Charlottetown: IV .

ARR

‘Mn 'I—Schr. Nofllll,BOdltln;"an0l'I.Ilcllf[II. Steam-

’ It ‘ l

or use. at o . 9-Grey llound. Great Britain, and lticliiriond. from

Arichut; bnl. Lily. Hiilifiix; goods. Il—Montimn, Halifax; general cargo.

Port of Georgetown.

usansn. - April l5—Atl:intic, lllucdnnuld, St John's, N. F.; pork. beef, oats and potatoes. I8--Speed. Macdorinld. Boston; onls, lurlny, mgc- kcvsl. Ann. M‘Askil, llulifsr‘; bats, barley, and

furs.

l9—SwifI, Reynolds. llclifnx: oats. pork and furs.

20—Anrmndale, White, llulifax; onto.

2l—-Almira, Hobbs. Hhedino; outs. pork. barns, lard, oiumeul. Spec, !ll‘Kenzi--, St.Jchn‘s, N. F.; lum- ber. pork. beef, tutor.-xi uml unis.

21—Mnry Elizabeth, Bourke, Halifax; potatoes and

Outs. 29--Nnncy, Halifax; potatoes. 30—.\lary, Kemp, Halifax; cuts,bar|ey, potatoes and

old copper.

May 2—Queeu of the Isles, Fougarc. Halifax; pota- toes a oats.

Cleared at Grand River. Lot 55, for llutli. U. S.. with Juniper Knees, on the 30th pril :—Scli-miners Hope, Wcstawuy; Joseph, Allan; and llrigt. Dan, Gordon. -

ST. JOHN. N. B.-—Arrived—-Solir. Clinrlotts, Le Blsnc. P. E. Island. Ainegent, M‘Rae._dc._

Summary of Government Advertisements.

Persons desirous of performing the duties of Light House Keeper at Billliouk lalnml. in Richmond Bay, will make application at the Secretary's Oliice, on or before the 20th instant.

GEORGETOWN Assussoiis.—Ezra Wickwire, John Smith. Thornas Mnhin. Henry Grillin. 'l‘hornss Lovcday, \Villiaiii Maodoiuild, John B. ilowlstt.

ins Wsiionrss.-John lllucdonald. Alexander Robertson, Hugh M‘Eacheru, Peter Ferguson, John Smith.

An Assessment of is. 6d. on all improved, and 4s. 6d. on all unimproved Lots, granted in Georgetown, was levied and is now due and payable to me, within forty days. Joiiiv . ll0WLlT’I‘, Collector.

Jnmes M'Kay, St. Peter's will let on .\lcnday,23d of Mir nest, in 9 o'clock foreseen. the repairing the Morel Bridge ; innnediately after. at the School- house, near Theo. Webster's, the Road past John Murphy} towards M'l)onnld's Saw Mill ; at 2’clock. lh ' ' Marsh Road; at 4 o’clock, the Mario illfisttlement Road. On Tuesday 21th, at 8 o'clock, furcnccn, the Building of two Blocks to the Wharf user Charles Dingwell's ; at I0 o'clock, the Road from Morcll to the Head of St. Peter's Bay, commencing at Morell Bridge, and to llnish the Almi- ments and Planking of Marie and Midgcll Bridges.

towards Cardigan; at 4 Cardigan Road towards the Baltic Settlement. Thursday 16th, at 8 o'clock, forcnoou, the repairing the Wharf at the Head ofSt. Peter's Bay ;at I0 o'clock, the Road from Head of St. Peter's Bay towards Bay Fortune; at I o'clock. the Road frcni

cad ofSI. Peter's Bay towards 0’Hanloy’s; st 3 o'clock, the Road thorn Cable Head between Donald Suthsrlsnd's and Ronald M'Donsld’s towards Main

St. Peter's Bay ; at It o'clock. the ‘toad from St. Peter's Bay, past Leslie's Mill, to Cable Head; immcdistsl alter, the Road from the Cross Roads nsar John 'Lsan's cowards Greenwich.

n E. W. Alleyne, will let on Tuesday, 24th May. the necessary repairs to the St. Peter's Road. commencing at the County Line. St. Andrew's. at 0 o'clock, a. m. At I o'clock, ihe Road from Ber- rigan’s to the Hnrbonr’s Mouth. At 3 o’clock, p. m., the Road West side ofthe Morcll River. and continu- ntion_of said Road, to its 'unction with the Back Farms Road. On Wednes oy 25th at ll o'clock. ii. m., the Road from the Main Road to Siunnt's. At 2 o'clock, p. m.. the Roads leading to McVarish's. At 4 o'clock, p. m., the Roads loading to 8;. l’oicr‘s Lake Sortlemsnts._ On Monday 30th, the Road across the Barrens, at I0 o'clock, a. m. At L2 o'clock. the Road lending past Jobu Douglass to Savage Harbour. At 3 o'clock, p, m.. the Road ading “from the Main Road towards Alexander McEscliuru's. On Tuastly lllst, the urn Mount Stewart towards Cardigan. commencing at the County Line. Lot 37, at ll o'clock, in. in. At 2 o'clock. p. m., the

oad from Peakc's Road to Cardigan Road. On ‘hursdny. Road around the Head of Hillshorough River, conimencin near the Bridge over the said River, at 9 «voice , a. m.. At ll o'clock, a. m., the Roads into Back Farnis (Douglas and Beers.) At 8 o'clock, p. m., Road from the Ford near Allnn Mclntyrs's to St. Andrew's. 5 o'clock. p. m.. the Road leadin west from Don ild Mucleod’r. 'l‘he Over-so-rs'o the respective Precincts in the above District are requested to attend at the aforesaid times and places. George McKay. New London. will lstou ‘l'_hurvaley

Road; 4 o'clock, Bridge on Mnlli-.i's Road. On Fri- da Ilth ‘May, at’ Io o'clock, repairing Bong lliver Wyharf; at I! o'clock, two Bridges iii the Head of french River; at I o'clock. same day, repairing gee“... ct“-stDCalrnpboll's Food; at 4 o clock, at r so u s's. rHAIIY C. Gaaaii, will sell on Friday the lab da ofltay us§t,at 0 o.'clcelt,foronocn.the Wharf at J0 I 9'9!‘ - fwestern Road. At 11 o'clock. Rom! from-St. Niche- lu's to Wutgss Bsiad. At I o'clock. the Road from St. Eleanor‘s to Miscnuchs. And at I o'clock’, the ' n'a Milldani. On Saturday

rue Darby's to from Darby's to Green's Shore.

from Green's Wharf to Lot III. M I c'clIull. the Road from Doushes‘c to,llillsou’s on the Bedsqes -ahore. And atb o’c|ock,ibe causeway sear Hill- Qn Tuesday, the int at s obissk, rm. . _ ' Mill. At I0 o'clock. the lload from Barret‘: to us . ALI! o'cloc_lq,lhdl|’iahlow|'l I.-s . A|lu'cl||0ktlhlDl5a: and Road near 'i‘splia's. asgste. Al to clock.

“°"' f

ml. Wharf at Grccu‘s Shore. At 2 c'el<Ich.|l|s I-Old

CHARLII Sawzwaar will sell. on Monday the 23d ill‘!-. ll 9 o'clock. s.iu., the building of one block of the new ll/barf to be erected north side of Brade- nell; at 12 o'clock. further re airs of Queen's Wharf, Georgetown; alsc.at I o’cloc , thecardigsu Slip will

as reso . ,

On Wednesday the lat June. at 9 o'clock. e.ni., the repailru .1 ‘the Road from tbs west line of Royalty to Georgetown; at ll o'clock. the road lcudi wast- ward'pnsl Aitlrsn's Lots; at I2 o'clock, Soul Roy. ally R.oad,Ipasl Dr. Kaye's; at I o'clock. continuation of South oyalty Road, westward, at the rear of I’. Ferguson's Lots; at I o'clock, Road past Hsssian's. Morrison's (Truce Roads; at 4 o'clock. Road and Bridge from I-‘lannigan'c, by Hsssian's Lot, to the Main Koud; at 6 o'clock, North Royalty Road, from Fairpluv to Morrison's Cross Roads.

On Thursday, 2d June, at 9 o'clock. s.in., the ra-

‘ of the Main Road from County Line to George- town lluyalty; at ll o'clock. Road from l‘lnley's to Iloutsigus Bridge; at I o'clock, Road from Montague. north side, is Spiirrow'I Road; at 3 o'clock. Union lined, from Georgetown load to the Head of Mon- tague; st 5 o’c|cck, continuation of new line ofllead opened last year from Union ltoad. leading to the Brudcnell and Montague load; and at 1 o'clock, Road by Pocle's Mill.