' J The ;nctiun'of the Judges as being in accord-

0

1 3', , mid tbeabuse practised llndll it be reme- ..died.

I

it it their the, pleased‘. A least it would apfinfrom two re- oeipiruipeii he held in his nd, am, with ' come, it had been the practice to take whatever they . These receipts chewed that for that‘ r of a bx of2s. 6d. an individual had been u ' to ex uses to the amount of

C was doubtful, itought certainly to be amended.

' Judge;

l

HAszAnD‘s~ GAZETTE. MARC! 16.

ancc with the law, otherwise they would not have allowed thsni. It could not

that if they bed thought them they would have laxed them as in the Bill c Cosh which he had 'ust read : hir to conclu

lied

udgss. The e ses, however, to which indi- viduals had in t way been subjected were un- y . But the ex see as taxed

those of the Sheri!‘-—in most cases, he should the

believed, amounting to 14s. or 15s. for the re- covery‘ of some such amount as Is. id. or 2s. base‘, howevgr, could not be ascertain

an e o curb’ ; f f si.iai..i.‘.'.i'7..... ""’ °’ '°§"i‘Z.i’ii..i er to make what charges

s

£2 3!. 6d.— rst the Attorney General’s , 13s. 6d., and the composition fees of the She , £1 10s. The hon. gentleman then read the ceipts as ‘van :

“Received from Mr. John Burdge, the sum of Two Shillings and Sixpence, roportion of 'l‘sx, and Thirteen Shillings and Sixpence, pro- Brtion of Expences, for Attorne Genersl’s

tter, of October 16th, 1852, for ii y Acres in

Township 55 " Pr-rue M‘Cau.uu. “ October 15th. 1852.”

. " Received from Mr. John Burdgc_the sum of One und, ten shillings,Currency, which Io nor from him as his roportion of Sherifs Fees for 50 acres of Land) on Lot 55.

15th October, 1852. Psi-as MacCsi.i.nii."

For such enormous and unjust exections, on the part of sherifi, of which there were no om- cial returns, there could be no redress. But when it came clearly to the knowledge of a Go- vernment, no hattcr by what means, that such Qtortions were practised u n ' ' ' ' duals by public oficers, it me the duty of that Government to seize upon the tint opportu- nity which cross to endeavour to at a stop to them. If they did not they wouh deserved] fill into disre ute, The Hon. gentlemen a in said that e did not blame the Atttorney eral for having pursued the course which a literal interpretation of the law prescribes; but, to prevent the recurrence of such op ressive

oceedin and exactions,as those which he film Hon. r- Pope) had exposed, it was the bfiunden duty of the House so to amend the

w

‘d

the Treasurer had amused his suspicions of the Attorney General’s integrity. The mere fact of having gone to the Assistant Judge for the purpose" of procuring his sanction to course of proceedings he had adopted was uite suflcient to justify such suspicions. He Mr. Maixiulay) did not pretend to be critical in w, but lawyers themselves, he believed, when the law was held to obscure, had recourse precedent for their guidance. Now was there note precedent to guide the Attorney General, namel , that of his predecessor in oflce,the re- sent Jhief Justice. If the course pursu the latter was legal, then that ursued by the other was ille l. In no acts of ‘elation did it behove the ouse to be more vigi nt, than in those which regarded the powers with which law functionaries were to be invested. It was true that the exactions under consideration had rincipally fallen upon proprietors ; but that dliaetrender them the less iniquitous '. fm rich and the poor should be tsctcd ' t extortion. If the meaning of the shtutc

-3

Hon. . so. That abuse existed un- der the Act had been clearly established. It could not be denied. The system ought not to be gflowed any larger. It was contrary Qyory princi is of reason and justice, that a

man lgwdd be made liable to expenses to

. Eremount of £7 or £8, or perhaps more,for the recovery of a very trifling amount of tax. Th hon. gentleman then shtcd that the p

’ had been questioned by the_Exe_cutivc Coupcil, but that their doubts concerningbiot: iin priety, as bsin contrary to law, had n s enced by the an ority of the Assistant Judge, which the Attorney General had shewn to be in favour of

' practice as the legal course. It was then

3 , eon udedtbe on. gentlemap, the duty

‘ Ilouse to amend this Act, as in no other

lung. locitlr. Howeverthe general practice of

Gene l‘ h’ ' f the ‘ of|l‘snd'-mPlxT,‘°<:i‘ill(lll€e joiistil- - by a literal i:ite retstion of _the land Alseirnent Act, note the ‘waters in the sea would wash him clesr,in his (Mr. Mooney’s) estimation for the increase, in l8p2,b°u n his 1,‘; n ears °'"‘°.,.§ii the seine. In 1851, for one for- .at.ion,be c 1' £5 17s 7d; and for the ssnie g-flog I85 , be charged £6 14s 8d. That ‘was OI

specimen 0 extravagance in law charges, 3|... part of the Attorney General which could not be defended. . Heir. Mr. COLI lained thattberebedbcen "gun, on the partc the Government, to screen ., irregularity or abuse under the law. The

s (lovsrnmsnt so soon as they becanis aware of ,,,, ,i,.....’iii the es gnder the land .iissssscieat Aetin ‘h ti’p‘i:e§otfh‘s‘ Atltlq e Jkmnl °.'i.;"£"ii ‘was aocordence'with the 3.“... und was sanctioned by the Assishut

und, further, that he considered he was

in any bound iii hrzhziiiiiould ruin: be sustain w

ed they wcsestsietlyin itlltlle

law. . D‘ . Ifthis tAttorn Gene- ¥‘.gn‘°g::“vi|eed’ ' that aFr:w iiits .r’OMIilIl

6"“ that

to ney General's charges

e predecessor air Hon his

hon. hlr. Pope) would not defend him: he would leave him I) stand upon his own legs. The allusion to Mr. Haviland’s use had, he bougp-t, been in very bad hate. The friends of t gentlemen, after all that had n said about it, would act most wisely in allowing it to sink to rest. cssu, however, were so issimilar, that it wasnot necessary that he should institute a comparison between them. But, with respect to the Attorney General, he would so , convict him drst—-prove that he has been guil , before you call for a sentence of condemnation; and ‘y succeed in proving that he had over- stretohed 0 law, or puts wron inter rotation upon it, for his own benefit, he hon. r. Pope would not stand forward to defend him; an neither, he believed, would any other member of the Government. The Government had not allowed him to charge more than had previously been charged; but with char s a inst private individua , not contained in lieis ogrial returns, they had nothing to do. If it could be shown that the Government in what they had id him, had sectioned one illegal char on is part, then he (hon. Mr. Pope) wouldgplesd guilty. Ma. Mscsnur. The Attorney General had convicted himself by the excess of his char for a certain service in 1852 over that for e same service in 1851 : and if he had done wron once, what security was there that he would not do so again.

Ma. Wroririias He was of opinion that, the late Attorney General was fully as competent, to say no more, to put a proper construction upon the law as e present one; and he (the to Attorney General) had thought the proper course was to his one Information against all Township lands in arrear. A departure from practice, by the present Attorney General, had enabled him to mak enormous charges; and be (Mr. Wightmsn) was con ' that the country would not think that House had done their duty, if they leftjt an ger in his power to do so. “' “

Mr. Lane. It was evident that, since the Chief Justice had acted, under the Statute in the capacity of Attorney General, be had his opinion, with respect to the proper legal proceedin to be taken under it; and that he now he d the present Attorney Gene- rsl’s, and not his own practice, to be that thorised and prescribed by the law. Although he had not, perhaps, given an o inion, to that eflect,.in express words from the Bench; yet, as the hen. the Leader of the Government had ob- served, ’ having sanctioned the practice of the present Attorney General,b allowing his infor- maticns, in accordance wi it, to be tiled in the Court, was a suflcient proof that he no longer

0

Mr. Davies. His own opinion was that the Attor ey General had had no right to increase the law charges, as he had done, by an exten-

8 sion of his practice under the Statute. On com-

paring his char s with those of his predecessor in ofice, it we d be found that he had increased them thirty fold; and that, therefore, he had charged thirty times more than he ought to have charged. The char s could not be justi- tied in any way; and nei or could the Govern- ment bqliustilied for having paid or sane ' them. he Attorney General ought to be seve- rely rebuked fiir his conduct with reference to

cm. In fact it ought to be determined that his having made them had disqualified him for the retention of his ofice.

_ 303- Mr. Coua. If he had charged thirty times as much as his predecessor, he had had "11"! limes as much writing to do for it. And he (lion. in. Coles) Illppoled that if the hon. Illslllbsr (Mr. Davies were fairly entitled to re- ceive a cermin sum or tra {Nil Bslfast,hc would think himself fairly enti- “Oil todsmend and receive thir times as much, f0!‘ travelling the mme road,in e same manner, thirty times.

Ma. Davns. The impropriety of the Attor- was too evident to admit of its being, in any way, mystified. It could not be denied that he had charged thirty times as much as the precedent established b his

' a warrant for oing. . . N. If he had done th:-3 times as much work as his predecessor, he cut it out for himself.

.. I

Box. Mu. Psunx. The Government said they had not sanctioned any illegal exaotions on the rt of the Afioruey General; but he (Hon, . P. said they had, when last year they allow him to p as he did, the sanction- e‘. his illegal exa ' ns. Instead 0 doing so, it was their duty, although he was a brother in the Government, to have had better assurance of the pro riety of his proceedings than he was able to a rd them; and as there was another Crown Iaw Oflcer in the Colony, they ought to have consulted him.

Hon. Mr. Cons. The Attorney General had shown the Government that if his predecessor’ course should be adhered to, the proceedings a tlands in arrear wouldbe illegl. Was it likely then that the Government would con- sent that that course should be consequences of which might so seriously em- barrass cm‘

Ron. Ir. Tloarnoir. He had never before heard that lawyers erred by chargin too little, althou be had often heard them und halt

r chugging too much. up red, however, ecco ing to the shewln of e hon. Leader of the Government, that e late Attor- ney General hsd erred in charging too little, but that the present Attorney General hsd rec- tified the rsctice by che ging thirty us as much as is predecessor.

Ben. the Susan. Enough had been said about the Attorney General. it was time they shoe consider the Act, and determine as to its amend- ment. The fourih clause of the Act would, en a careful reading, be found to be total ucnsesss, sl- thccgb its intention wsfrigbtly set forth in the margin. The amendment hei ought could not be too curcfully made; and, to the end that no llrture mistakes or undue sxsciions should occur under it, he would rccoinmc that a Schedule be annexed

to to the Bill betiiic ilic Oosiruluce, ssiiiii furili, take distinctly, all l‘cec—iliuss or the Attorney General,

of the Protbouetsry. clibc Sltsrld', and any other which were so be allcwed under the eperstisn of the Act.

1 On motion of the Hon. Mr. Peps. with a view to alcrdin tlms Icairepurs a Schedule of Fees to as um; io the ill, ilis Committee rose, and the Chairman reported progress. ...5.¢“',-:sT:.lua iswurils ilis csselssi:sI“s-l'y::bb.£r°'s-

ppm, , so

“"' -,........--*"'*'..":':.""""......."-"' ':.:-..':'..-'.:....... . 1 er I -y‘ ' .' ggthofibjutcfaayofthopaflhllflill .. '‘' BF"-5*-".----.*..-..~:-:.-:;..--:1-.-.:-:.~.*-:.-_£-* ~----«~- . ,,,......c --'-._.,...".-.' ...,.........-"'.'.'.".:.°'...":.'...*-.:.'..'."'°..!.-..... “'iiii'uii'rs:s of wires 7:.» i-he-east-isu If ii-as ova. fihqwifiiqsst rr am‘, well‘ "'|‘fi"'_i!0""""“"" ' 'L"""‘ y ‘ I. lavius. aspnsr.

rsctcrinsd, sad to contend with which,

held his own practice to have been the correct- Mn. Macsuuv. The statement of the hon. out

adhered to, the ~

Bslc ' the nupisa mi. D i cl'N - cestle,.'tliu withdrawal cf the '.rI;0pI fr.i:in ' , niiberlctsetewa. and else the Joint Addrcl of lbs lwc Hcasss D Hsr Mujcmy, praying

for their continuance: y ' ‘ ,4

Downing simi. fib January, I058.

Slrs .

llefcni to Sir John l’sl:iiigicu's Dcspstcli of the Id of July act, in which an intimation was conveyed to you of the necessity which has arisen for imposing upon the Colony under your Government the d making provision for the performance of I. new discharged by the smell Detachment _of ur Troops stationed there, I new fuel it my duty to remind on, that Iheanswsr which you have prcrnbcd to that sspslch, has not been received.

I am not without hopes, that it may be found pne- ticabls to ac a Company sf _ed Pspsioncrs to Prince Edward Island; but my I sssion is that, under any circumlaaoss, withdrawn at a very curl ,

i i. in.

am, c., G

q ,mect be . Ilewcé-‘rr.x. SON

To 1 iii: Queen's More Excdaaunr “Hares:-r.

iul Gracious Scv ; ‘e '~, _\ iur ‘llj uly'lCI lfi . “IO .3. ..'..'.'._ii I. P. bly it ruins Kdvvpjd ting . Jdiincudrficur cl dc ' fin; iinc . .. . tl yourlidmt ' PcvscasedGevcrii- uieiii. und ha“ toolsy atl foztfcf the Thole on prayer, that.t‘lu small portion cfvyecr IIafisty's land forces, cow for rrien stationed in Ilia Island may not bercmov , es e rs to

ppcs "be ecetcmplu by e Dcspulch received from thelight Honorable the Dukcof Newcastle, bccrhg date the IOtbJaauery

In all the varied circumstances of your Msjcsty’s faithful subjects in this Island, it is impossible to en- surc their peace and lsdspcedseee. without the aid of a regular and t military force on which I0 fill bull. Ibo any udvcrss,eircumuiancss, exist-

I or ’ arise.

33 I .

We respectfully ic reruigd your Majesty, that our ‘ ls sechshet, in the winter season, the pose I y of receiving assistance from any mber Colony is entirely cried: sad, in this respect. we are in un arm/c y difessrit position from any other of your Majesty's douiiuieee; eor s it be forgot- ten tbut, during Fishing season, there frequently occurs agree! is ex of foreign sad other vessels, in many of our be sad ports. where the inhabitants are exposed to consequences of the usual habits, by which persons engaged in such pursuits are chu- locsl and civil authority is wbol inadequate.

The existing; ilili Laws, or any others which _cculd be devised, scald only supply materials for aid- ing your Mujc_siy's trceps; but case for adequately su lying their place. . he Colon having so recently been called upon by thc’lm iul evsrnmcnt to" provide for its Civil List, c to make provision for u permanent uiilita addition to its other burthcns; bilst its posi- hoat such force, would be, ._‘a particular , exposed to intrusion, and not only its peace, but its nallogpll iudspcndenc endangc : nor can we conceive i there on be any reasons, if the sub- ject were w considered, b your Msjest 's Govern- Cclouy shou d be select to be ulte-

'n l is rss 1., to its own resources, and the imperial, no less an _Colcnial interests. be

y very seriously cornproln . _ We, ibcrsthrc, humbly request that your Majesty will take the premises into your gracious and favors- uhlc lien: And. seiu duty bound, we shall cvcr pray. Hi Exccllsuc has been pleased to be wi min the Pet iioii without delay, port the prayer of it by s Dssputch.

naszann-s oaznrrn. "°é—_*_

OI Iliad

Lei lltheeed 'ii.:."'-""'“i.‘."i'.°" u s uiui'st at, t ' Thy God's, sud rniiri.-_.ri.i....’,.°.' """ " . irrmnvc or run rinses unwise isuim AUXILIARY RBI-I SOCIETY. - — The fifteenth Anniversary Meeting. of the Prince Edward Island Auxiliary Bib Society was held in the Teigpcrance Hall, Charlottetown, on the evening Manda the llth instant. The lar Room was well ed and the addres- ses . he Hcnellble the Chief Justice, President of the Socie , the Chair at o'clock. After the sin g of the Hymn-— " From all that dwell below the skies," he-, the o ning prayer was olired u by the Rev. W. nodgrass of Saint James’s hurch. The Chairman then delivered a short but pointed address and called for the Report which, together with an Abstract of the Treasurer’s Account, was read by Lieut. Hancock, R. N. the following Resolutions were then unanimously by the meetinlg:— I. \lov-d by on. C. Young, seconded by Rev. . l"i!z.'v~ru|d:

" ‘ III the Report be udophd, and printed under

I'll‘ tin of 'lio- (7omIl'll!lOO." --veil bv the Rev. Ir. Narruwsy, seconded by . lle- s'v\ : - . : ,.i. llcctin gflilcfully iskoowlsagii the blu-- Uuiighiy _od upon the labors of the Pa-

reni ~ inn), and dance to testify iudes sense the vnluiililc services rendered to the Churches of Cln-ist throughout the world b its rhstrurusntslity." I. Moved by Commander rlebar, R. N., second- ed by Rev. 8. 1.‘. Read: . " nm the Parent s0BiO:{ol:VlfI‘ mclied the year ' be the stimu- contributions for this noble cause; and to this end, this lasting respectfully r users the Ministers of the Gospel throughout dis wild. at seine convenient time during the present year, to reach P d’ nd nicks collectiousiuuid of the ubilec en . ’

4“ Moved by J. 3. Cooper, Esq., seconded by Mr. ..

. cor .

" That the following tlcuicri be Otlicers of the Society and Committee or the snsuiv ycur:-Prssi- dent, ibe Hon. the Chief Justice; ics Presidents. Hons. J.'M. Hell and C. Young; Treasurer, Hon. C. . usdull, Esq. Comrnltlcc—

J. DcsBrlscy. H. Husaurd. J. obnsec, J. D. Mason, Orlcbar,

mer."

. Pal to 13 8s. was then ' was pronounced

I-I

the v. W. Meek.“

Bnrsvonuir-r Isisu 8ocisrv.—The Annual Ge- neral Meeting of this Institution was held at its usual place of Meeting, on Thursday evcnigg hut. be mile gentlemen were appein

0 for ige ensuing car. . ' Hon. James Warhurton. Vics Prssi'dsM—hfr. A. O'Neill. Asa‘:-I Vie: Pnsidsur-—lir. James Quinn. 'll-mime-—Dcnnis lied Esq Sou-c1cry—Mr. Richard a sh. V , Csnswisssso ' Mr. Thomas Broydrick, ghiirmen. 1lIcgan, A. ye, C. c enna , . , . . It is dig intsndon to celebrate the unyi- vsrsarycf St Patrick, by dining with their Mends on Thursday next.

r

-3‘

Tue Assocnrros res inrrmu. Ilrnovsstir. On Friday but, llthlisbiit Mr. John Le

'7 and benefit of

other purposes therpin mcntien_ed_," was

-Agent, be actively and drmly discharged his duty to

W msn haslcstufricud; and while his family rncurus

WI-WW; uni"-

TEKPERANCI PETITION’. , Fsrnar, llth March. Ros. Ms. Paun presented a Pcdtloii cs the subject of Temperance, signed by 3&0 individ- uals. The prayer of the Petiton is fliat'e is‘ me _ _ to prevent the imporhtien of S irituous Liquors into, and the distillation erecf in, ince Edward Island. The subject is to be taken up by the House to-day, _edne day, 16th February,—uiost probe ly in the ternoon

a .

A Petition of divers Tenants, Inhabitants of Townships 57, 58, and others, was presented to the House by Me. Dsvim, and the same was re- ceived and read, setting forth that being strongly induced to immigrate to this Island, under the most letting promises, they, were, from their pecuniary circumstances, on their arrival, una-

le to go elsewhere, and obliged to comply with any terms which the Proprietor of their Lands or his Agent might iin se ; that a_ great num- ber of the Petitioners vs no longer tenure of their Farms, on which they entered on a wilder- uess state, than ' y-one years-—ten or fif- teen years of which are expired ;,that in conse- quence of the failure of their crops, they have been unable to meet their liabllitos. to the Pro- ietor; and pra ing the interposition of the once to mediate tivsmi him and them, with a view to ' relief hem the tions.

Ma. Dsvrrs recommended the Petitioners to the fiivourable and compassionate considera- tion of the House with much efective earnest- ness and warmth of feeling; and the Petition, so lllppliflt, awoke the sympathies of the House, whic

were very forcibly ex rsssed by several _members on both sides. ter a vary

1

1'

g or procuring them some heavy pressure of their obliga-

interesting discussion coqlcpsning the terms on ml

which fiiese Petitionerb been located on asii oi-m,uid the dilhcelties and dimeii in which theyhad, thereby, been involved; it was determined that the Petition should berefei-red to a Committee to report thereon to the House.