HASZARD'S GAZETTE, MARCH 5.

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and recovering the same and all srresre thereof, sud that the proceedings taken against Lands in arrear of the ‘fax or Assessment by the said Act now in recital imposed. should or might be joined with proceedings

the 11th Victoria, Che tor ‘Ith, eccztdiug to Icripliue and class of t o said Lands respeelivol . II by the said Acts ofthe tttli Victoria. Chapter 1 . of the Ilth Victoria, Chapter 1th, and Ibth Victoria, Chapter 18th, reference being had to the same will more fall a .

And w rees although the wording ofthe said Acts is not axp.icit on the point, the inteiitiou thereof was that one Inforniation only should be filed against all the Township Lands together, on the several Town- ships. in this lslaiid, which should be in arrear of the said Taxes or Aseessinents, or either ofthem, undone lnfiirmtition only against all the Leeds other on the several Isl.-inds not foirriing part of any o the said

‘ovi nships. which should el-o be in nrreiir its afore- said, ued not thiita separate liiforiiiatton should be filed and juilgiiieiit taken against each 'I‘owntthip or Isltiiid for the recovery of Assessment in arrear in respect of Lands therein respectively, its has of late been done ,and which course is productive of unneces- siiry expense. An it is desirable that the intentions ofthe said recited Acts in such respect should as nearly as possible be ctiriied out, but,'as nevertheless it is, at the same time, deemed advisable and would be con- venient in some respects to vary the mode of proceed- ings against such Lands in arrear, so that although separate proceedings be not taken against each 'l'own- ship.whereon Liinds are in arrear, or against each Island, yet that separate rooeedings should be taken for each County against all the Lands in arrear en the several I‘ownships therein, and also separate proceed- ings for each County agtiinrt all the Lands in arrear therein on the several Islands not included in such 'I‘ownships. ’I‘he Bill then proceeds to unect—That after it shall become Law, the mode of proceeding for the recovery of arrears of Land 'I‘ax shall be as fol- lows: One Infornistion, and one only, shall be filed for each County against all the Lands in arrear on the several Townships therein together; and one Informa- tion, and one only, for each County against all the Lands in arrear on the several Islands therein to e- ther, not included in such Townships; and t e proceedings which shall be taken by virtue of the Act against any such Lands so in arrear down to final Judgment shall follow the course of the said Informa- tion agiiinst the anid Ltinds—-that is to say. 'I‘hore sh.ill be one Judgment only on each Information, and the Costs thereon shall be made u , ttixed, and divided proportiunably amongst the several 'I‘ownships and Islands included in any proceedings, in manner as pointed out in the said Act of the Iltli year of the Reign of Her present Majesty Queen Victoria, Chap. 7th; and all future and other proceedings thereupon or thereunder shall be conducted in the manner pre- scribed in the said recited Acts, or either of thetii.——- 'l‘htit the mode and forriis of proceeding against the several Lots iind parts of Lots in arrears of Taxes or Assessriients imposed by the said Acts, or either of them. in each of the 'l‘owns in this Island, 'I‘own Lou and Water Lots elusive, and in each of the Royal- ties in this Island, Pasture, Common, and all other description of Lots inclusive, shall remain unaltered, and be in a itiaiiner as pointed out and declared in and by the said Acts, or either of theiii.—-And to re- vent any doubts or difficulties which may arise mm the wordin ofthe said Act of the 11th year of the Reign of er present Majesty, as amended and ex- plained by the present Act, it provides—'l‘het all pro- ceedings heretofore taken under the said Acts, or either of them, shall be and the same are hereby con- firmed, although the Informatione may have been filed against each Township or Island separately, and the subsequent proceedings taken in the same course. The Bill also provides that any person owning or occupying Land on the Island within an Town, Cotiitiion. or Royalty, or on any Township or Island or Reserved Lands. against which proceedings have been tiilien for the recovery of arrears of Assessment due thereon, shiill be entitled to stay the proceedings agtiinst the Land owned or occupied by him. at any time before the day of sale, by paying or benderi payment of it proper proportion of the Costa a Expenses of the proceedings, up to the day of pay- nieiit or tender, according to the extent of his Land and also the Tax or Assessment due thereon; the same to be paid to the Sherifi after Execution issued, or if before execution, to the otlicer in whose hands the proceedings may he or who, at the time, should properly receive the same, and the Sheriff or other otlii-.cr having charge of the proceedings, on a plies- tiiin mode to him by any such person as it oresaid desiring to redeem his land, shall give to the applicant the mrticulttrs ofthe amount to be :iid b him.

l'Ion. Mn. Pun, in explaining the object of hie Bill and his reasons for introducing it. broadly de- clzircd that the present mode of proceeding for the recovery of arrears of land tax, was injurious and oppressive. e said, it would appear that they were in a fair way to bring about something like ii revival of the old arbitrary and iniquitous itiotlc nfcolleciin-_: the quit rents. By filing sepa- Yllle litformuiiutis against the 'I‘ovint-hip lands in arrear, contrary to what was supposed to have I')€-‘ell the‘ iiileiiliiiti of the Legislature In passing the Act of 1848, under which they were made, the expenses were multiplied to a very grievous extent; and. in fact, the proceedings taken in that way. altliuuizh under sanction of the Law,

. were of so oppressive a character that any govern-

mwnt would be highly culpaple that should know- inglv suffer their continnance and make no attempt to riffect a remedy. He must, however, do the A tiorney (Ienertl the justice to say,that he believed he had not strained the Law, but had only given it its fair interpretation. 'l‘he Government, however, were, and had been, fully alive to their duty toucliing the evils which arose out of the in- terprettiiion put upon the Land Assessment Act at present in force. He, himself, had been very pazticular in his ei.qutries concerning the amount of expenses generally incurred by the present mode of proceeding for the recovery of Land As- eeeament arrears; but, although he had discovered enough fully to convince him that few complaints could be better founded than those which were made concerning those expenses, he had been able to obtain but very aoanty documentary evidence of the loss and hardships sustained in consequence of them. There was a lamentable defect in the mode in which returns were made by the Sherile to the Writs. He had before him, however, a Bill of Costs in one case, for the recovery of ar- rears, which certified the expenses at £4 2d per I00 acres, not including the Sheriff's expenses, which, if added, would make the amount SH, and upwards; this, for the recovery of a debt of 7s 6d at most, was exorbitant. But, to be able to make anything like a correct estimate of the amount of the Sheriff’! ex rises in most cases, was quite impossible; for although the Govern- ment had issued peremptory orders to the Sheri to make returns, for the last four years, of sll their charges on an proceedings under the Land Assass- ment Act, on y two or three had com lied. The lion. entleman then proceeded to exp sin the In- tended operation of the Bill, one main feature of which was.to provide that one judgment only should be bad against all the Lands in the some County. and to show how it would work for the prevention of the abuses of which he had spoken. The abstract of the Bill above iven, however, render! it unnecessary to give a hoe. gentle- insn‘s explanation here. It was ordered that the Bill should be read a second time on Wedni-sfliy us .

His Excellency te be , Returns for the last four years reads to the Partheno- tttry's Odes oftlio expenses incurred to the eslteetlsg ofAfl’Gl'IofIAI|dTll,?UIIOf withcsflvs sf L: Attorney Gstisrsl‘s Bllts Costs Ill all such essu tssssidpsrtss.tubstatsssrsrsttistlssrs.

Hoe. Ir. Paussu said he believed it would be found that the Costs in such cases claimed and receiv- by the present Attorney General were double and treble the amount of those which, in similar caso_s. had been claimed and received by bivrodecoosor in due. the preqent isuitsties. \ Ilse. M . Lbs replied. lb the boeevlble Ind losrusd qsito mista-

fd Charlottetown was true: that the bed dssllstl i t the present mode of by Information egaium aeeli Town- b the

ship was that efittriasd Law; sud that the present Attorney General ind not charged oso peeuy more than bi

Mr. Morrroossuuv deniedt t the mode of pro- csodisg adopted and followed out by the present At- taruey was t pursued by his pr adding. that if the pruvtiee of the ate Attorney Gou- orol was right, that of the present one must be wrong.

I-lou. Mr. l’ose.—It would reeg to re the present Attorney General before duo entiry had been made. If any sutbnrhy was to be pond upon, it ought to belistof the J es; and if the Attorney General had that in his favor, he ought to

ad blsuto. ssmo deemed ambiguous; and one lawyer put one inter- pretation upon it, and another, another. ton- nsy General bad, he was informed. been g the decision of the Court. But it was true that the could onl ascertain the amount che for Public Services rout the Public Accounts. u not of those paid by private individuals. It would be unnecessary, therefore, be thought, that the should be furnished with all the particulars of the ills of Costs and Ex- penses for the last four years. i would be sufficient to furnish one detailed account, and the eggqrato amount. If it were supposed that the members the Government were acquainted with them, it was a mistake; for they had no better opportunities of being oorrectly informed concerning them than private individuals.

Hon. Mr. PAr.sss:a.—If eqy new decision or adjudication under the Law ha been made by the Judges, he would, he thought, have been aware of it; but it knew of none. be hon. member then refer- red to the Act, of which he read the fourth Section, and then observed that he thought the classification a very clear and plain one-—such as m' t be compre- hended by any common understanding. The practice of the late Attorney General was to inst each class by on. information; and that was the mode prescribed by the Law. Latterly , however, the prac- tice had been to proceed against each Township by a separate Information. He was not aware that the Judges had iven any new interpretation to the Law. It they had, he would certainly have known it. The Judges were not counsel for the Crown, any more than they were for individuals. If a question were rtrised before them, they would be bound to give an opinion; but not otherwise. He was employed in two or three cases to have the proceedin sccordi to the present practice, against lands in arrear set aside, particularly in one; but as yet, there had been no decision. As far as his judgment went, the Act was too plein to require any amendment. If they went on amending in the we then proposed, there would be no end to such amo meals; for any member ob- jecting to a clause in an Act would bring in a new Bill to amend it.

Hon. Mr. Cot.us.—He had, on his being returned the tint time to the House of Assembly, thought the Information taken against each 100 acres, (as was tlieu the practice.) a ver expensive and ruinous mode of coding to the defaulters; and he then introduc a Bill to lessen the expense, by authorising the Treasurer to issue his Precept to the Sheriff at once without spp|y.iu1t::he Court for an Information. The Bill psssed t mhl_v, and. bad it gone into operation, it would have reduced the expenses to a more trifle; but it was rejected h the Legislative Council. Nevertheless the present Chief Justice, who was then Attorney General, found that the Act would hear the interpretation which the at one does- namsly that it authorised judgment to be talren against 20,000 acres, his one against every 100 acres in arrear, and admitted of the expenses being divided amo st all the lands in srrser in such Township.

e a. gentleman then proceeded to say that he the lit the Act cloarl directed one Information to be against ’ owusbip. The uostion bed been mooted in the Government' and t t was the interpretation they had put upon the Act. The prac- tice formerly ba been to filo an Information against every 100 acres; but it had been found that that mode was an overstretchlag of the Law; and the present Act d been intended to correct it. If the Act I meant that there was to be one Information against

1 .-

all the Township Leeds in each County, it won ve expressly said so. The law fairl bore the construc- tion ut upon it by the Attorney sneral. He (Hon. Mr. Cotes) did not say that Judges had given their

inioa to that afoot to the Attorney General without his having a plied to them for it ; but he had told him (Hon. Mr. oles) that such was the opinion which they had given him. If accordingto the present prac- tice an Information wore filed against a Township, and only 100 acres the propert . of one individual, were in arrear, the expenses to t at individual would be very heavy; but if 5000 acres, the pro rty of several were is arrear. the expenses. by ivision, would be light to each. The, law, however, clearly authorised use Information against each Township in a County.

Ilon. Mr. Loan. He was one ofthe unfortunate individuals who had had recent experience of the unju-t and oppressive nature of the proceed' adopted for t a recovery of arrears of La When he was out of the noun bsen so proceeded against, an bought in by the Go- vernment for £21; a interfere further in the a tee of 5I., the owner subjected to an expense of £80, it was certainly high time to malts some amendment in t Law. and to ado soaiosiniplsr uiotts ofeelloeting the tax. Ho “IE not indeed oonooivo wliy.ie suelt.cesos a men was to be driven into the Supreme Court, unless the Act were intended for the especial benefit of the gen- tlemen of the long robe and the Attorney General in particular. It would be better far to arm the tas-ga- therer with power to enter a poor man's ham, to seize upon is uoe, or is stock, at once, end to can it of in ntisfection of the tax. actioe. In fact, was eeteal robbery; nay -worse, if possible. It was nothing but oppression to I - ea such a a tent. he believed, existed no where else.

Mr. lo said, he knew an instance in which a

r man for arrears of lend-tax to the amount of Md.

Hon. Ifr. Porn was of opinion. that the best way would be for the House to a ply for such information as they wasted ooaeerniug subject, an Address to His Exceleuey. He, at the rents tms observed, that there sop to be no way of gen‘ returns from some t Bherifi. In one instance, in £30 to £80 had been held back since 1841. Two or three Bhsrifibhhed meld; lit: returns would tpalrq nous, unless t o cos eo some sis

r. Meir-rooissav Emiivded the, appsiutirent of: Committee accordingly; wbisb bring agreed to, was thus constituted 2-.-

Mr. Mow-rootrsas, Hr. Louuvrou-r-I, and the

lies. Mr. Loan.

Molnar, Feb. 38. PUBTBIB IEUI OF TREASURY NOTE.

The Hon. Mr. Poss ross eed said, that ho had seen by tlisotder thstsu hos. member (Mr. Palmer.) had given eotlesof his lstoutisa to move that tr I-loss |;i=oi.nCsu‘tp{tuos the whole to coast or t ox e passia an Act, to estboitsss further Imus sffsmsury have visited until this notice should have been

be sideration, such acts and data, in relation thereto as

H to supply the waste eflts undo.

the Lieutenant Governor to Earl Grs end a Memo um eencorninp the lampis affairs of the Colony. addressed by the Eussutiv Council to His Excellency, and which hit! ossssioned the writing of that Despstch. be seeslved and read, together with the draft of the Bill which aocom-._~~ paniod the Despstch. 3”’

Hon. Mr. Pablll. Having losrood. after he had isesrteil the notice whch had just been ellu-led to. in the Orvlor Book, that information concern- ing the question was to be sent down to the House. by His Excellency. he had tponed further ae- tion, on his own part, with reference to it. He was

uite lll willing that a measure sltiiuld proceed rout the other side, as that it should orittnate with him. Indeed he would prefer Its proceeding from the Government side of the House. because its success woul be more esrteie, than it would be it‘ brought forward by a member of the op nsition. When he put his notice tlpott the Order k. be had no knowledge whatsverof the intention ofthe Government concerning the ob‘ of it. He was, however, much gratified to fin that so desirable a measure as.thst of a further issue of 'I‘roesury Notes was to be introduced by them; Ind it should have his support.

The following Deopateh and Memorandum, presented by the on. Mr. Pope, were then re- ceived and read.

(Dsspotrlu) Government House, P. E. Island, Jail. id, 1852.

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have been requested by the Executive Council to forward to your Lordship the aocom nyiug Memo- randum, with tho draught of a Bit proposed to be introduced by the Members of the Government in the ensuing Session. rovided such a measure, or an similar one, which would sccotn lish the ob'ect whic the Council have in view, its e , to wit row from circulation the whole of the roesury Warrants now afloat, would meet with your Lordship’s sanction.

In the present state of the Colony. with an increas- ing rovenue and bsiter credit, it would be very undo- sirablo thetan measure atfectin its fin ' ‘an up- mants should do disallowed by or l\Iajesty’s Govern- ment; I am induced, therefore. to accede to the es of the Council, and, before any such Bill is brought forward, I am desirous to ascertain, for their and my own guidance, what may be your lordehip’s views on this subject.

It was one which was formerly brought under the condderation of the linperisl Government, In conse- quence of joint Addresses from the two Houses of the Legislature, praying Her Ma’ ty's assent to author- ise the issue of £10,000 in 'II:asury Notes, redeem- able in fifteen years. 'I‘he addresses were accompa- nied by a Despstch from the Lieutenant Governor, enclosi a Memorial from several Inhabitants of Prince ward Island, objecti to any such issue of paper money; and the Colonia Minister, Lord Stan-

qy, did not think it udvienble to accede to the prayer 0 the Address, for reasons contained in His - ship’s Despstch.

In the subeeqent year. 1841, Commissioners were appointed by the Lient. Governor to enquire into the state of the urrency of Prince Edward Island; and their Report will be found Appendix No. 5, Journal of the Legislative Council for that year.

No alterations, however, had taken place in the Warrant systoin until this year,’ when the Govern- ment were enabled, with your Lordship’s sanction, to to borrow £10, an equivalent amount of \'Varrante; nearly the whole of this loan has been effected, at 5 per cent., notwithstanding the predictions of some who have long benefited in so per- nicious a system, by purchasing and discounting, at various rates of Interest, Warrants to lar it amounts, to the great detriment of the Colony, an pecuniary loss ofpoor individuals.

The application to the Colonial Minister, in I840,

as mode under var different circumstances, a when the Revenue o the Colony was only £18,000. It will now exceed £85,000. and, ifs further ills of Treasury Notes, es ted by the Council, on be sanction by your ‘p. and to Government b thereby p.nsb|o_d to do away “th:dWerreut Sys- tem,notin,tnm eptuioe" ,wi morotopro- mote the intserests {if {he Colony, provided care be talren by the Legislature that its expenditure shall be kept within its income, and tbs debt gradually dimin-

bed.

In conclusion. I have only to add, that the state- ments in the Memorandum of the Council are substan- tielly correct; that, of the .£ll,500 Treasury Notes now in circulation, £800 have never, at any time, been in the hands of the Troasurer,end. sltlto h the holders have the power to fund at 0 per csnt., if not paid in specie, by Colonial Statute, 5 Geo. 4,cep.18. no such operation ever took pleco—tbo Colon thus saving the interest on the amount of Treasury otes: showing that, hitherto, the issue has been far from excessive, and forming only a small amount, in pro- portion to the Notes which find their we from the neighbouring Provinces, without which t e ordinary business of the Colony (at present too much carried on by truck and better) would come to e stand-still. As the Legislature will meet in February, ,may I request to be favoured with your Lordship’s views with your convenience.

dick. It.c.,

I have the honor, _ A. BA NEBMAN, Liout. Governor. (.Ilrsiorsttdiun.; The Executive Council having directed their atten- tion to the subset of the Monetary and Financial ef- fairs of the Co II , submit, for your Excelleney’s sou-