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UMIUNET.

A WEEKLY JOURNAL OF POLITICS, LITERATURE AND NEWS,

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EDWARD WHELAN] Chis is true Liberty, when Free-born Men, having to advise the Public, man speak free.—-EURIPIDES. [EDITOR axp PUBLISHER. — ; Sor RETR : me seme nan sme Mm ” woe same ear rears mae 7" SS A

Vou. V. CHARLOTTETOWN, PRINCE EDWARD ISLAND, MONDAY, MAY 5, 1856. No. 44. _— | samen Sen een meee

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with private property to an enormous extent. Clause struck out.

. > . Colonial Legislature. ——e—e—eeeew—*> ‘ vw : nr > . . > , } LEGISLATIVE COUNCIL. | Tvespay, April 1. Hon. ATTORNEY GENERAL, as a member of the | access to his own property. Government, laid on the table a letter of thanks from the, ‘The Bill was agreed to with amendments. Honorary Secretaries of the Patriotic Fund Committee. , The Hon, ATTORNEY GENERAL, by command, laid The Bill to improve the Law of Evidence was read * third othe table the Blue Book for 1854. time and passed. scchedlnidillplalaaiitheticania The amendments cf the House of Assembly to the Indian | THurspay, April 3.

Bill were agreed to. y \ A’ y , AQT TQ SPROT The Bill relative to St. James’s Church, Charlottetown, | Brie Ol Ror teeta nearer Te RESPEOT-

was read a first time. See eae ,

The House went into Committee on the Bill amending Hon. ATTORNEY GENERAL. — In introducing the the Act of Incorporation of Charlottetown. Swabey in the Chair.

On the clause transferring the jurisdiction of the Small

PPL OL OL el le

mittee of the whole House, I explained its objects and the alteration it would make in the present law. As some of Debt Court for Charlottetown to the civie authorities, His YOUT Honors, however, were not then present, I shall briefly Honor the PRESIDENT alladed to the fact of a serious | direct your attention to its features, By the law as it at charge having been made against the Clerk of that Court in present stands, a party may bring an action for the recovery an anonymous communication to one ol

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: ' . pe, ae . 5 3 i ad His Honor was happy to state, and he wished it to go forth he should be absent from the Colony, it may be thirty years, |

to the public, that there were no grounds for the imputation. | he still has ten years afier his arrival here to prosecute his

The character of the gentleman alluded was suflicient refuta- | %'™» thus giving him in all forty years. By this Bill it is tion of the charge. | provided that in cases of parties resident abroad, but repre-

Hon. COLONEL SWABEY’S official connection with S¢mted bere by daly authorised agents, the possession of the |

. e ° . Q(ro ] > . @) re. ‘ F ; ~ ‘ y a the Court enabled him to say, that no complaint of the cha- | *S nt should be considered that of the principal. W here racter referred to had been made for two or three years. It | Parties reside abroad and have no resident agent, the Bill often happens at a party's own actions delay the receipt of | PTOPOses to bar their claims after twenty years from the moneys. , : appointment of the agent. I may state that this Bill has not

v Bill phic ‘ r al ra » forra ‘ ’ 3 Hon. Colonel which [ am now about to move be referred to a Com-|

Prince Street, it would cost thousands, and might interfere | versed the old rule of law, and became itself a precedent. | he would be allowed to exercise it, as it afforded him the

The fact is, the course of the world and the progress of society rendgr necessary the adoption of whatever measures,

only question for your Honors’ consideration is this, will, this Bill inflict injustice? I cannot see the slightest proba- | bility of its having that effect. It is only intended to affect | those parties who have resident agents. If those agents are | inefficient or dishonest, the consequences of their misconduct | should be borne by those whom they represent. The Bill does not abridge the period of twenty years, as that giving title by adverse possession ; and really if that is not sufficient, | I am at a loss to know what would be. As Sir John Littler has been alluded to, L can say that he has been ably repre-| sented here, and his rights amply recognized. Suits have | been brought in his name, and decisions given in his favor. | L cannot understand why the hon. member, Mr. Haythorne, is so thin-skinned about improvements of this nature. I can- uot see the injurious effects anticipated by the hon. member, | /and I consider that the one case cited by the Hon. Attorney |

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: auc n ac Y | General shows sufficient reason for your Honors to pass the | ‘the newspapers. of land within tweuty years after his right accrued. But if) Bil].

The Hon. the PRESIDENT—I was not aware of the Hon. | Attorney General’s intention to introduce the Bill. I at! ‘first entertained an objection to it, as it would not prevent a | person fraudulently recording himself as Agent, and after | | twenty years elapsed, shutting out the title of the proprietor | himself. At my suggestion the Bill has been altered to) 'make the production of the Power of Attorney under which the agent claims to act prima facie evidence only of his authority. His Honor, Mr. Haythorne, says that this Bill |

la

Hou. ATTORNEY GENERAL thought that if any one been introduced by me as a Government measure, [ assume is an infringement of the rights of property. Now, what is| had cause of coxplaint he should bring it to the notice of the respousibility of it entirely alone, because I think it a the object of the Bill? In law the possession of an Agent the Court. The fact was, that mere rumour in Charlottetown |J4%* and proper measure. I shall be happy to listen to any | js the possession of his Principal. If the latter were in the soon assumed the hue of facts. suggestions of improvement which may occur to your Honors) [sland twenty years, adyerse possession for that period would |

Hon. PRESIDENT.—It should be made known that no | '? Committee, and to make any alterations which may tend ‘bar him; then why should it not equally affect him through complaint had been brought to the notice of the Court. He "° pom tre usefulness of the Dill, to which it cannot be hisagent? The Bill only affects parties beyond the seas, who agreed with the Hon. Attorney General as to the gossipping reasonably objected that it tends to diminish the fair protee-| have resident agents in the Island. It does not interfere capabilities of the people in Charlottetown. The fact was, | tioa to Which real property is entitled. _One case was recently | with other disabilities, such as idiotey, coverture, kc. I can that if a man rejected nine-tenths of what he had heard, and | brought under my notice, which is of itself suflici-nt justifi-| see nothing in this Bill morally or legally wrong, and I am accepted the one-teuth, he would, in most cases, be giving | Cation for a measure of this nature. A party had been in} truly surprised to hear his Honor, Mr. Haythorne, say that his eredence to nine-tenths of fulsehood. possession of property about thirty-five years; it was sold for! the Bill is unnecessary for the Island. Why, your Honors,

Progress reported. arrears of land assessment, and the resident avent of the | the monopoly of the lands is the greatest curse to this Colony proprictor bought it. When the party came to redeem the | that could well have fullen upon it, and by creating that mo- \land he found that he was without redress, that he had nO} nopoly the British Government inflicted oh us an injury

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Wepnespay, April 2. | title, because the full period of forty years had not elapsed. The St. James’s Church (Charlottetown) Bill was com- | That was surely a case of hardship and injustice. The prin- mitted apd agreed to with amendments. ‘ciple of the Bill is admitted on our Statute Book, and its object is merely a modification of the law, not intended to r “ ; “dlls. : _» «| prevent the proprietor looking after his property, but recog- ome wa hag regulating the Ferry and other wharfs in | nizing the ability ofan agent to do so. Frei what his Honor, ' Mr. Haythorne, had stated, I believe that he entertains Hon. Mr. Mooney brought up a Bill incorporating St. | strong objections to the Bill, and will probably, if the Bill John's Church, Belfast. Read first time. pass, send them to the Colonial Office. The Committee on the Bill amending the Charlottetown Incorporation Act was resumed, Hon. ATTORNEY GENERAL.—Some may object that The Hon. the PRESIDENT stated that he had been mis-| this Bill has no precedent. It may be so, and I do not con- understood yesterday when the clause providing for the lay- | sider it necessary to look for a precedent, for sure I am that ing out the streets was deferred. He was not to be! we will find no precedent for the manner in which the Crown considered as an advocate of ihe amendments he had intro-| Land of this Colony was origiaally disposed of. It was all duced; they were handed him by the Hon. Mr. Palmer,| granted in one day. Its particular state justifies legislation, with a request to move them. He was not pledged to their | without precedents drawn from other countries, whose cir- support, and would be satisfied with whatever action the | cumstances bear no analogy to our own; for if we search the House might adopt. world over we will find uo precedent applicable to the Island ; To the clause regulating the opening of streets, the Hon. and extraordinary cases require extraordinary treatment. COLONEL SWABEY objected. The Bill had passed the | In conclusion, I repeat that I shall be happy to listen to any Honse of Assembly without those objections; they had not | suggestions in Comittee; and I now move that the Bill be been introduced there, and as they affected private rights he | referred to a Committee of the whole. ae would never give his consent to their being smuggled in in this} _ Hon. Mr. HAY HORNE.—My chief objection to the wanner. Parties who would be affected by them had re-| Bill is, that no such Jaw is found existing in Great Britain ceived no notice that their rights were to be invaded. He | or in any of the neighbouring Colonies; and that-being the was coguizant of one instance where a property bud been laid | case, I recommend your Honors to adhere to the principle of off and sold in certain subdivisions with the accommodation | the good old maxim : *Nolumus leges Anglia mutari,” which of a loan. This clause would nullify that arrangement. | bas never been improved on, In debate yesterday a good The Corporation had just absorbed the Smal] Debt Court for |deal of stress was laid on the injustice of legislating on Charlottetown, and it began to assume such leviathan dimen-! property, without notice to the owners. Now, your Honors, sions, that ualees checked, it would probably swallow up the | whose properties are to be affected by this Bill? Those of wiole Island. He was uot disposed to give the power sought, parties thousands of miles away. To whom have they to which was of a nature the most arbitrary. tyrannical and |look for protection? They may have resident agents, it is

The Hon. Col. Secretary tought up from the House of |

Hon. Mr. HAYTHORNE.—His Honor is out of order. |

despotic he ever knew; it was, in fact, nothing short of un- disguised spoliation.

Hon. Mr. HAYTHORNE.—I congratulate the hon. member on the change in his political sentiments.

Hon. COLONEL SWABEY had interfered with the claims of the great proprietors as being of public importance, but never had, nor would encroach on private rights. This measure was a despotic infringement of them, which would, therefore, always receive his opposition. If such principle Were adwitted, a man might find that his property, worth a certain sum per foot one day, was not worth the same amount per acre the uext. He knew his Honor the President too well to believe him a party to the measure. He would di- vide the House against the motion.

ilis Honor the PRESIDENT was glad that he had intro- duced the resolution, as it had given his Honor an opportun- ity of making a h which he considered was the best of the Session. He could assure their Honors that the senti- ments his Honor had jast expressed were not exclusively his own, they were the opinions of the Government generally, whose determination was to afford the utmost protection to private rights; but at the same time to oppose, as far as in

lay, the exercise of private rights to the injury of the Public at large.

Hon. Mr. BAGNALL did not agree with the Hon. Col. Swabey, that the continuation of,the streets of equal breadth would have the effect of depreciating property; on the con- trary, he considered it would increase its value; narrow a were of no benefit; they but increased the risk of

His Honor the PRESIDENT instanced Prince St., which, if continued at the present breadth, would involve compensa- tion amounting to thousands.. Where a proprietor had laid off a street of the width of 40 feet, it would be great injustice to take 60—probably worth £1 per foot; besides, as parties to be sffocted by the operation of the clause had received no notice, he would move that the clause be struck out.

Hon. Mr. HAYTHURNE said it was amusing to see

certain of their Honors beceme suddenly zealous defend- ers of the rights of property, when assailed near home. Some hon. members seemed to act as though they considered & foot of land in Charlottetown worth a thousand acres in the country.

Hon. Mr. CRASWELL.—If the continuations of streets were made with the consent of the owners of properties through which they might be carried, it was all very well ; bat as his Honor the President stated with reference to

true, but those agents may prove false to their trusts, and ubuse the confidence reposed in them. Take the case of General Littler,—and in citing this instance L do hot intend any reflections ou his representatives here, but merely wish to give a forcib'e illustration of the injuries which may result generally from the operation of the Bill. That officer has, I believe, been in the service of his country since the time he was sixteen years of age. A great ‘portion of his life has been spent in India. His ettention could not have been devoted to the state of his property here; and suppose that, wishing to rest here in the evening of his days, he should, on reaching our shores, find that a nefarious agent had deprived him of his property? Should he not be allowed to recover it? As I said before, I expressly repudiate the intention of disrespectful insinuations against his agents, but I have put the case as of general application, for the purpose of illustrating and enforcing my argument. Another objec- tion, and in my opinion, a very serious one, is, that the Bill would have a retrospective effect—would be an ex post facto law, under which dishonest parties might be protected in their knavish designs of obtaining the property of others, without paying for it. The only class who would be benefit- ted by it are those resident in the Island, squatters, who, by the kindness of the landlord, have been allowed to hold lands for years without paying rent. Those men might avail themselves of the Bill, to deprive the landlord of his pro- perty, as a return for the favor and indulgence they had re- ceived at his hands. The Hon. Attorney General admits that he can find no precedent for the Bill, and [ sincerely hope he may never be able to. I hope the Legislature will always throw the shield of its protection over those whose absense prevents them looking after their own rights. As to precedent, this House is in a state which I believe is un- precedented, when a member cannot obtain even a seconder on any motion affecting the real property of the country. I do not deny that the holding of land by individuals, in large quantities, is an evil. I only ask your Honors to do justice to the absent. Do not impose disabilities on them without notice. If you do, I will not say that you wilfully commit an act of injustice; but I will say, that you act as Legisla- tors ought not to. I move, your Honors, that this Bill be read a second time this day three months.

Hon. COLONEL SWABEY.—As to the argument founded on the absence of precedent, I consider that there is no great force in that. ; b day, there was no precedent for the Ko lish statute allowing tenants to remove fuildiogs from their lands. That Bill ye-

As I mentioned in debate the other ws pursued by his Honor, the President, in referring it

|which it ean never remedy. A great cause of the evils | which afflict Ireland is absenteeism, and we labour under tke same disadvantage. If the proprietors resided among us, ‘and spent their money kere, the same necessity would not ‘exist for the Bill. Lt is an unfortunate condition of affairs, | where large amounts of real property are held back for the | benefit of private families, instead of being employed in con- | tributing to the general benefit of the people. Such a state of thingy @iminishes the value of property, and retards the general advancement of the country. It is the duty of the | Legislature to remove this, in so far as it ean be done with- ‘out infringement of private rights, and every measure tend- | ing to that eflect shall receive my cordial support. | Hon. ATTORNEY GENERAL would, ia view of the suggestion of his Lionor, Mr. Haythorne, alter the Bill to prevent its having a retrospective effect, as far as it might _be applicable to suits at present instituted. It has been de- cided in England and here that the old Act was retrospec- tive and prospective.

The Bill was then committed, Hon. Mr. Haythorne dis- sentient.

The Bill to incorporate St, James’s Church, Charlottetown, was passed.

The Act amending the Charlottetown Incorporation Act was also passed. ,

The Bill incorporating St. John’s Church, Belfast, was committed, and progress reported.

Hon. ATTORNEY GENERAL presented a petition for a Probibitory Liquor Law, from the Young Men’s Christian Association ; also a petition from trustees of the Georgetown Grammar School, praying increase of teacher's salary.

Hon. Mr. WALKER presented a petition from the Mayor and Common Council of Charlottetown on the subject of the Common.

Fray, April 4.

The Bill of Limitation of Actions respecting real estate was passed. Tne Bill incorporating St. John’s Church, Belfast, being re-committed, was agreed to with amendments. The Ferry Bill was agreed to with amendments. —-- 0m -

Saturpay, April 5.

The Bill to limit Actions for Real Estate was read a third time and passed. As also the Charlottetown Ferry Bill.

pina aM iti Monpay, April 6.

Hon. ATTORNEY GENERAL, by command, laid on the table a despatch announcing the Royal Assent to four Bills passed last Session.

The Kevenue Bill was read a first and second times, and committed.

Progress reported. »

Hos. Mr. HAYTHORNE moved to have his protest against the Law of Evidence.

Bill entered on the Journals.

His Honor the PRESIDENT stated that it was optional with the House to allow it or not; but the eighth clause was disrespectful, as containing reflections on the Government and this House.

Hon. ATTORNEY GENERAL would oppose the motion in toto. The protest characterizes the Bill as one of a series of attacks on property by the Government. Such was not the case. He had expressly stated that it had not been brought in as a Government measure. .

Eo Turspay, April 8.

After some time spent in Committee on the Revenue Bill, Hon. Mr. HAYTHORNE moved to have his protest against the Evidence Bill recorded on the Journals. He had altered those portions which had yesterday been construed to cast

to reed

only means of recording his opinions, as he stood alone ou this question, consequently any amendment he might offer

nm = . ; i a » ° . : . . ° .

lhe clause authorising the closing of streets less than 40) and the legislative recognition of whatever principles the while the Bill was under discussion, not being seconded, feet in width, not built upon, was struck out, as conferring a | ever varying circumstances of maukind may require. The could not appear upon the journals, dangerous power, which might be used to deprive a man of'|

Hon. COLONEL SWABEY said the House had re- cently, in discussing the memorials against the Rent Roll and Tenants’ Compensation Bills, coudemned the imputation of motives, and it would certainly be inconsistent to allow them to appear in a protest on the journals, If they were removed, he did not suppose there would be any objection to the protest being recorded.

The protest was received.

——— —# 00 Wepnespay, April 9. ma in Committee of the whole on the Appropriation

ill.

On the clause providiog for education, the Hon. COL. SWABEY advocated a higher system of instruction in the Academy. A great deal had been done for schools; and he thought the time had arrived for the introduction of a more elevated standard of edueation in the Academy. The addi- tional expense would be but small, and probably the salaries at present paid to three masters, if divided between two, would secure the object, as the third, or inferior department of instruction was abundantly provided for by the common schools. He wished this suggestion to go forth, that the jublic might have it under consideration.

The vote for partially reimbursing the trustees of Dun-

_staffaage school, for expenses incurred in the unsuccessful de-

fense of a law-suit, was agreed to after some conversation, in which his Honor the PRESIDENT stated that his opinion had been given to the trustees in accordance with the judg- ment of the Court, and had they abided by that the loss would not have occurred.

The Hon. ATTORNEY GENERAL considered that the very fact stated by his Honor shewel that the parties were entitled to the vote, as the public had got the benefit of the decision of a doubtful point, and the trustees had only acted in a public capacity.

Hons. Messrs. CRAS WELL and HAYTHORNE thought that if it were allowed it might establish a dangerous prece- dent. It should be understood that no future grant of tho kind would be made.

——_—_—~<4 coe e—__ -—-

On Thursday, the 10th April, the Reporter had leave of absence. ——-——~# 200 @ —__-

Fruwway, April 11. i ELECTION BILL,

The Hon. COLONEL SWABRY, in moving the secon reading of the Election Bill, said that he did so, not asa member-ef the Government, but as a volunteer; for ever since the introdaction of Responsible Government he had been of opinion that an increase of members in the lower Branch was necessary, in order to an efficient carrying out of the principle. He did not state this for the purpose of di- minishing the credit of the hon. member who had introduced. the Bill into the Assembly, for he was not aware that that gentleman knew his sentiments on the subject. When the Council conscientiously vindicated the liberties of the people, which were emperille, the majority had the proud satisfac- iion of seeing their efforts crowned with success. He felt not then greater pleasure than he now experienced, Thera were many reasons for adopting the me&sure of general ap- plication to any government. ‘There would always be found in any legislative body some unstable minds—s-me loose fisa—whose actions would be swayed by various motives; and no government based on a representative system, could be earried on in ignorance of the way in which members would vote. The class he referred to, were generally meu of little talent or strength of mind, and liable to have their judgment swayed by the last speaker. They think they manifest their independence, when they merely lose their consistency. Legislators should attach themselves to somo particular party, having general grounds of policy in com- mon; but if they fly off at every little difference of opinion, Government must be changing from day to day. As the constitution declares that those having the confidence of the majority should hold the reins of power, so they should be put in a position to hold them efficiently. In addition, he considered this Bill as a great popular coneession—that the effect of it would be the representation of a greater variety of opinions. Another benefit would be a greater choice of individuals from whom to form a Government than was at present to be had. The novel and most important feature in the Bill, was, the addition of six members to ihe present number of the House of Assembly. The details had been re- enacted from the present Laws, with important alterations. One was, to facilitate the resignation of members wishing to resign; another rendered it unnecessary in a member hold- ing an office, to vacate his seat on being transferred to another department. The division of the Electoral Districts he did not consider it necessary to enter upon, as that was a subject more particularly for the decision of the House of Assembly. Viewing the matter generally as one that was calculated for the benefit of the people at large. he trusted their Honors would coneur in the second reading, and that the Bill would become law.

Bill read a second time.

The Bank Act and Appropriation Act were severally read a third time and passed.

The House in Committee on the Election Bill.

His Honor the PRESIDENT considered the Bill was a step in the right direction, but it did not go far enough. He was in favor of representation being based on population, instead of territorial extent. He was satisfied that the pria- ciple of population would eventually be adopted. No Go- vernment could be properly carried on with the present number of members in the House of Assembly. The absence of one or two members might, at any moment, cause the defeat of any Government, Snarler or Snatcher.

Hon. Mr. CRASWELL thought Prince County could not be divided better than it was by the Bill.

His Honor the PRESIDENT had been misunderstood by the hon. member. He had not objected to the particular

reflections on the House. It had not been his intention to’ ‘hurt the feelings of any one, and he bad been under the im- pression that it was the right of any individual member to have his protest recorded; but an edition of May on Parlia- ment, later than that which he had referred to, justified the

to the decision of the House. He still thought that this was

territorial divisions in the Bill. He had merely advocated the adoption of what he considered a more just principle. Suppose the case of one district possessing 5,000 electors a another 10,000; were the 5,000 entitled to the seme power in the i as the re ? aaa was this, su the whole ation was ,005, if it was neces- ay have thirty setae he would divide the amount cf

the first time the right had been questioned, and he hoped

population by thirty, thus giving equal privileges to all,

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