Hausa or Assaaslaf, Saiunlny. Aw" 9- 19°3-

Il mifljiltne-fur-'the.iIhpaN of We tteo-a is report on the atitiolfl . Dargi lion. Nfidfldlm W

Y

‘Jhepoor man ilhirrach. in 0st cmfiliy (‘N19593: ,,, ;..;en~cis shamefully

and. I _ sacrificed on the other; are in-t8._ *lI|“_l|. I think. must be quite l‘\'itl0‘III lo tlm iniinl of are-

on the one

no the nio-

ty one who has honestly enquired ii . _ tlulnted to

pits of the case, as they have been «

. first lace, Rh‘. Po e, the ilgeut an Attii.rn%?’3Tthi§l’liiintifi “mags oarh 1 ‘ dun! and fridy iridrhlaf. to

‘P s. in the him (if '1'/35'!)-four Pmlnlll

’ at 1]“ an-¢ar.i u 11 rI(iin_ i/«urly

Ran Four P 1 three shillings Illlf four prim , due and pojflk the Pbiwhfis. Upon. and by vir-

Iiic am certain Indenture of Lease, hearing date no of November, 1846;" when, atrthc ssiuellsisc there could not. when t ac- tion was commenced in l85l,.have_ beeniluc siuder t-liatI.esse—-although not one farthing had

paid onacmunt of the Gyeurl Rent reserved by it,—xnore than £20 1 s. R .; that is the 'nm'ouiit ‘of live gears‘ Rent. In the second ' lace, the Attt.-r ey employed by the Defeiidsnt.

gap ' him

so iiotdhl this an-'iy laced before . . imtliehad, ' ides. put into ‘a hands Recei ts t‘or-pnyumnuimsds. by the Defendant to t c

Plain*&, on account of Bent, after he had ob- u. p . p I _ suficispt to convince him that there could not ssibly be due to the Plaintifs. as arrears of giant’, under that Lease, more, at the very most, than £5 14s. 8d., even if the account for work

the evidence’ of which was .1“

HASZARD’S gpzarra. JUNE 1.

a case of extreme hardshipmnd imperative-l_v de- mands redress in some wu '. It ll1l|_\‘.ilI(it*wl.li0 ver true. as has just been declared by il.v.- loin. a earned aieinber for Cllu|‘l0llt-.tu\t'll (lion. Hr, almsr).-and 1 for one am very far from d‘ utlng ft,'thu)'we have no power to rival with tli‘oPeiitieuer's case, so as either to ‘act asidp

the judgments.’ which’ were obtained against him, in tliusupreme 00185.0! to put ‘ in trial, before uu,

‘either, oneor both of the ttonieys who were come’ _ _ _ .mattcr,_jpw$:y,d' re-_ prchensiblo we may consider the con |iI.'I of either or of both of them in haw been. Still I do not, b any means. regret that the matter has been rouglit before us. and so far enquired into. On the‘contrary.I am glad that it was brought before the House, and Ifully approve of the manner in which it has been investiga- ted. Indeed, I think that hon. ineuibcrs gone- rully must be satisfied with the course hitherto pursued, by the House, with respect to it: in- asmuch as it has brou lit to light certain irre- gularities directly tendin to the in'ury and op- pression of tenants, and as afler ed their re- mrcseumtives hero un opportunity of giying free expression to their sentiments concerning such irre ularitics and their eflects ; all which, goin Forth to the public, in the reported debates o the House, cannot fail to iifiird such a warning as will operate for public Receipts for Rent are, I believe, too generally given in so in- definite and nerul a manner, as to make it uitc impossi ile, from ii more consideration of t is Rccei ts themselves, to say for what years or rents they are to be held Receipts: and, con- sequently. in the event of disputes between ndloi-ds and their tenants. such as that to which the Petition under our consideration has rclcrence, such Recei its, instead of afi)rding— as Receipts ought, and as roper Receipts would o—positi\c und undeiiia . le evidence ofspeciflc

nuimounting to £1 His. lid, (for which tlu_-re was‘ no receipt should lie setusule ; V0‘: Will‘ . umicniable cvi one before him_ that the whole 5 arrears under the Lease, as claimed. 0011” "01 , possibly amount tovmore than £20 llis. 8d.,snd : with the further evidence of the Receipts before liini-of an most conclusive nature that the Finis which had-accrued under the Lease had all been discharged, with the exception ofn ha- I Ilence ed£3 18s. 2d., or ' 14s. 8d., at the very 1 most, this Attorney consents. that udgineut ‘ aliall be entered u inpt his client for 1.50. Surely these gimp e etails of the case-.-the truth of which has not, and cannot be denied— are a suficient justification of the Report of the Select Committee, and fully warrant the de- ’elaration‘tliat the Petitioner has not only been post rigorously and oppressiveiy dsslt witlhblli slut the defence to the action was most i_inac- ovuntably or mismanu and his in- tereuta, consequently, shameful y s_ncrificed.—.- .Whcu the action was about to be tried, the evi- dence of the Lease and of the Receipts was all , ‘n"the ‘hands of the -Defcndantfii Attorney. in ; mu-t: Mllllllb, instead of availing himself of” Ms beaIia.vshich" italiorded him '0 P'°l°‘3* ,gu,,inggr¢gts ofihis slient, entered into an alter- afion with hisclient’sa out (his son Archibald Darrach) about one of - c Rec:-ipas which the t and Attorney of the Plainti 155 alleged to be‘ a forgery, and manifested so strong a dis ' itieu to abandon the defence of tliwsction, t the defcndunfs t (his son) 3el't~=t‘.~.c Court for the purpose 0 foeing sonic ntiicr law or or lawyers to mkc u the defence instead 0 Mr. Young. He. accordingly, sought out and fbod Hr. Hensley and Mr. urtli; pug, fl die fiiraior of these gentlemen went ngmgg court in the, purpose of taking up the kfiinoflio found be was too late to act in it, “Wt , bseuconfcasedby Mr. Young. I mi appears to me that nothing but the fu - B‘ gxnylctipflton the part oftb Cc act rs hincd hr the defendant, of the utter worthless- miss and iiisuIciency.of.the svidnncnalorded by the lease aid the. Recei ts, ass ground of bfcumlo the action, until have justified this ouiueiit of his client's interests by Mr. Igjng :,but hqw any man of common ‘udgnient, much less a lawyer. could form suc an esti- mate of that evidence, I really cannot imagine. Mr. Ioiiii 3 statement coucei-uing the Receipts ' ' fore the Special Coniuiittee,is Tint a number of Recei ts were i z of his client, two

him» v ' not alter-cd'the data of one of the Recei ts gm 1843 101849; and that lie (Darrach) dc- -nled tbs he had made an alteration whatever in either ofthesi, and sis ‘nod Nile! both tfhe ngggiptsiii usstioii were genuine ceipts or ;349, .flid tlibt the cuts had been made, on gccount of Rent, in that year; whereu n he . Young) expressed his conviction t t he

‘ rrach) was sttsinptiu a fraudulent imposi- aad warned ‘consequences if be

it :—.that then Darrach, sceni- ‘ with him (Mr.

-14), went out for t e arpose of consultiii .ufl|ofl_|ed him (Mr. Young) to confess to ‘we rt, be on into account, there onnotbc found, in an of the

. that is er; but at after bavin ii - Wm. gvitb twiriithcrs, he retiirned into Cgurt, «3';‘,",,-,,i,,.,,v - Now, think. that it the whole of evidence, on which the B .iiil nimittce -iulfll be found, tliri this statement cannot be correct ; but at any rate, I am satis- kfstificiition at al of the

cues of the action was

that the amount ofarrears ue inane could neither be £50, as con- “; yet £34 and upwards, as stated in ‘ vit. Well then may itbe aid that in which the defence of the action was ' gar rather mismanaged, is inexplica- Iillows upon this strong: mi ofjgfl cut, is ofa piece with w t preceded lfltir this J

zgf‘ hdlrrurs‘ 'ofRsnt, all it «miseriuuua but-ofwhicli, as he

iylllltnatcrll! Imam _noHl- i Ito -

rm. ilsuiirslisnd

Eiitdlltbfllfl, may be so shufllcd and dealt with, as N productive of positive injustice. The hon. and learned member for Charlottetown (Mr.

~ Pnliner), in his explanation of Capt. Cumber-

nd's mode of dealing with his tenants, has id us that that gentleman was satisfied to al- low old arrears to be li uidated at the conve- nience of his tenants, on b work, or in any other way they chose, provi ed they paid, year- ii sum equal to e annual accruing rent: but if such was the mode in which Capt. Cum- berland formerly dealt with his tenants, it has been proved to us, by indisputable evidence with respect to Darrach’s case. that that mode of dca ing with his tenants has not of late been uniformly adhered to. he evidence of Dar- rach's Receipts roves beyond ii doubt that, hen: the time of is taking ii Lease,he re larl id the accruing Rent; and these Race pm a - so aflbrd strong prcsum tive evidence that he was not held accounmb e to Capt. Cumberland for any arrears due at a period anterior to the date of his Lease ; and et he has been denied the protection whicht ose Recci tsought to have afforded him ; and deprived 0 his farin,on account of arrears of Rent which were neither proved against him, nor acknowledged by him to be due. By his Receipts it is made quite clear that, at the time the first action was com- menced against him, he was not owing, under the covenant of his Lease, a larger sum than £3 i8s. 2d.; and yet so unrclcntin ly has he been pursued, that at the advance age of 73 years, he has been stripped of all he possessed, and turned out of his farm. For the sup rt of the action there was no just or legal fiiun tion; aiid,liad it been roperly defended, no such consequences coul have proceed from it. I have seen many cases t hardship on the part of tenants -, but this, I positive! declare, s the very worst case of the kind I vs ever become a nail! wi . lion. r. era. I too have known many cases of alleged hardship on the part oficusnts, in which the proceedings of landlords have been most loudly complained of : but, on due inquiry being made into them, I have never known them to be home oul in facts. In the resent instance, it would appear that the Special onimiuce have given most willing credence to every thing that has been advanced in favor of the Petitioner, and which has appeared in than likely in any way to injure or tell against the other arties concerned. They appear to have been an er the impression that they had found an opportunity to expose some irrvgularilics in the professional practice of the Attorneys who have been employed in the case; and, to gratify their own private feelings, some of them at least may,I think, well be suspected of having resolved to make the most of it; and, if pliasihle, thereby eflectually to damage the profes- aional reputation ofiliosc gentlemen. Hence is ready credence which they have given to the statements of a men who, for a fraudulent pur- ose, did his utmost to deceive his own Attorney; and the basing of their Report upon the evidence offered y any, to the exclusion, from the body of it, of all that was advan , before them, in opposition to the statements of that individual. by the Attorneys themselves. By their Report, the Special Committee particularly call attention to the fact that the Agent and Attorney of Capt. Cumberland made an Atlidavit to the sum of £80 and upwards being due under the Isaac; without, at the same time, setting forth any thing that had been stated before them in explanation of lhia evi- dent error; and, even sfier having heard the lion. and learned member for Chalottetown (Mr. Pal- mer) state the object of an Aflidsvii, in such ii csee—\vliich is motel‘. to hold the party against whom it is made to il-—and point out the pun- sibility of such an error on the part of the most upright legal practitioner, explaining at the same time, in unimpoiiane. with respect to ilis issue of an action,--that error has been referred to, and insisted upon, in any thing but thrspirit of can- door and fairness. f the Afldavit had stated the amount due by the Defendant to be £64. in of £34, it would have been right; and the reason wli it was not so stated, as has already been ex- : nod by the lion. and learned member for Char- ’ that the “5," in the statement pl’

in to

-

otistnwu, is, the account in Cape. Cuuibarlaud’s Rent Boo , was mistaken far a “ 1 have lately scan and examined the statement of the account in question. in that Beck; and it clearly shsws,ashas been already clearly stated and expiaiImd,—-Tlim the first year's rest, under the Lasso, besama due on In January, I847. when the tenant was charged the account--the debit side d which showed a balance of £60 and spwsnls—avitli one year's rent and land-tax: that, up to has , IIBI, «hits were caused. as the rent hacaiiia us. links sans manner: and than the tenant was credited, gass- rally, with the amounts paid by him, by placing them, is scvsdiiofs particular yssrhzct a

3 5?:

,dn

7 ‘Q

apex and the him, to cm. Cumberland, minim. the no... you to .”nrlnd boy. " it would ' _ MI W“ I140 was commenced. ii is, therefore, quits plsiuihsi not bccovered."

' '- wthstnoltllartit l"’|baosiyInlbrr¢riaIie the _ _, -__ _ ,”m.‘,n bg.vg-3.9.1..) 5,,“ ,,,,,‘.;,,,,...,.¢,,.,¢,,,,..¢.-£34 'I‘iissaushoLa::.x.liihiueaatCiaciusti. Znqflail‘ rd upwards" instead of --ssi,..a :pnuds;" ofsucli sine and ,lhat Prchsssrfliiur qaffl-wsab Ii‘ ., .33 ihuisiservsrisiaot iaoflrsi saystbdifhistailwere

t In _icuou.sesissgsindssecosd. As, essslsssi .3“, 5....” ,. _ "W H ‘ 5' (RC COIIDIIIQ, I for '. G M m ‘ch. W t ‘s suduhlshb iuisuspo-.~ty sea--is-visual uh . on.’ ‘W ‘"3. rspumhdmo those «wliohaveehsssa isssasltusfijtis ' =91. Atssyratslsnesavlsesltasiltls vmudhPuumu.uauauUu1 l'|"l'|l'm.;'l -

para agj an rated sisieniaui. ii luisjusi been ’

1, rlifiibdt ihe eiitix-no-v litlc lion dI?i'Yl“"l 0' 3" ' nu pusscssbd and iunmi out of his tum W" "M fl In true. The fscis. on the c0fl"'“.'a||*‘s lhli “esesaiiom were issued for the aiuciim of the _ung judgments obtained susiusi li'im—.€60 or with expenses; and that. *0 Will! lb! ‘W9; *0 was allowed io surrender his Lease. on eendmpl its: his firm should be rs-lei in his see, is an is.» cnsasd rem. so as in admit of the gradual exibov vial: of the said juouunsnui which llisaclfrotevl. his rum is to revert to in previonl uliilillll will-‘ Surely no ivnpsnisl pg-r-on will pretend to say Ilinrllisve was any linnlship in this proceeding,’ which. evidcuilv. was dictated not only by a due regard for the iotrresls ol the lsudlcrd,'but also by a very merciful considerauon of the circum- stances of the defendant and his family. The Special Coaiiuiuee have insnlfssicd an uaduo de- sire to censure the landlord's attorney in this cunt: and their desire has met with equally undue encouragement on the II ofsouic lion. members of lllll Commiiu-s. his House, surely. ouabl is have kuoau that this is a niaiier with which ihey have no right to interfere. They ought, auisly, to have known that an Attorney is always bound fairly to protect the interests of his client to the utmost of his power; and theyougkt, i think, also to have been able to distinguish be- tweui a legitimate and honorable course, adopted for such a purpose, and one which would have been the reverse it me Aiisrnlys employed in this business have done wrong; if. y the one, or the other of them, there as been any undue advantage taken, or exuction made; or it' there has been any collusion between them; let it be fairly established a inst them in the Sn- preme Court. which has ull power tocail them to account, and punish them, if guilty. ouse possesses no such power. They gay, indeed. show their teeth, but they cannot _'te ; and, however stronga desire they may manifest to make either the Attorne of Ca t. Cumber- land, or Capt. Cumberland 'msel , sensible of their disspprohation, and the severity with which, on account of the roceedings in this matter, they would deal with one or both of them, if they could, these gentlemen will ‘only laugh at them and the impotence of their dc- signs. What do either the Attorney or Ca t. Cumberland care for the interference of t 0 House of Assembl in a matter of private busi- ness like that be re us’ Why, yiist nothing at all : and, if the House do not wish to make fools of themselves, they will be advised, and, at once, desist an the further consideration of it. However. if they will proceed, I move that die evidence given before c ial . inittee be now read, to the and that, as far as possible, the Report may be dcvcsted of its er I: character. With rcs to the Rcocipti, wish to call the attention of the Committeeto the fact that they are not all granted to the same person; and that, in this particular, there is some discre nc which has not been observ- ed by the Spec 1 mmittce, or, ifobserved,not pointed out by them. As to the attein I: made y them to make it a‘ppear that these i ts were all given, each or the year's rent last us at the time it was given. and that all given after the granting of the Lease were ‘no on account of rents ruing under the Lease, and that, in fact, there were no arrears due, I maintain it is nothing but more quibble. Indeed I believe there are not two members of this Committee who do not believe in the existence of the ar- rears, as stated, on the part of the landlord, to us to him at the commencement of

I‘:

acted in the same manner as Capt. Cumberlaud appears to have done, with respect to Darracli, upto the time wlielp the firs! ac on was co a at him, have ollen said, to a tenant so circumstanoed, _“ You must, every car, ya car's rent at any rate, what- ever t me I may a ow for clearing of the whole amount of arrears," and I vs ‘van him a Receipt for a car's rent sccordin y, placing it to his genera in his acooun . It is

respects the whole matter referred to by Petition, have sulered some wrong; but, with respect to the statement of account which is ap- pended to the Report of the Special Committee, it is little better than a more thbricatioii. In their Report, the Special Committee notice the Recei ts roduesd on behalf of the Petitioner; and, in t eir statement of account, they give him credit for them, on account of rents accru- ing under his Lease ; but theydonot my a word about the arrears which were due at the e the Lease was given ; and the entirely pass over‘ the conditions on which 0 so was ur- rendered and a new one given, and the under- statiding that the old Lease is to be restored, on the liquidation f the arrears by means of the yinent of the creased rent under the new . And why, I ask, have they acted in this diniugeiiuous and partial manner! Not, I think it may be lbir y answered, because it will tend to redress any wrong which the Petitioner may have sustained; but that,’ tlisreb , a pre- judice may be excited against the lan rd and the lawyers. (To be continued.) _ Correction iy‘ as Error inadvertently suds is ttsfirsl part if lhisvlspert. ATM Report 1' the fiscal Coiuwiims. at the commencement 0 Debate, is not the Re the Special Committee, but the Rcportas it was amended in ittec of the whole Hoses '1‘

iiiiendiueut was 0 uoviowosra, a man of the its nssie ought not to luvs the Reportal published in in R. B. lsvnui, ilapartsv.

““‘§

Ilnsi Josiius once met a boy who carried somcthi in a covered vessel. ' ' My boy," said the bi, " what have you i our covered vessel P" "If it wasiat far

possible, Isdmlt, that the Petitioner may. hi}: :

LATEST IITILLIGEICI. 7

MRS. H. H §l'I‘0WI¢ AT S'l'.\l"I’IlIiII-lIUl'l~‘I-L

V - On Shtur last is number of Indies and gfitlgjcn nflod at Stnflird‘-lioiise, In wel- . B. Stowe I) this country, and to

1‘ . fie ex rcfiin sonall to the respect and fiiingm wiiiohp-:0 on or am lady. s iiion ‘present we use ' e and Duhe or Sutherland, the Duke and boss of» the and Uounisss of Shaftesbur , Lord John Russell. Lord Pulnn-.r- atom the Kiri of Ciirlislc, Right Hon. W. filmi- tosie. flu htarqnis of Lanedowne, the Arch- 9f Du lln. Mrs. and Miss Wliately, Lord &

so 5’ 6

Glenc the Rev. Dr. and Mrs. Cumming. Right T. B iltc., 0. ll‘ c‘ com iiy on their arrival were ushc-roll tbrou b the magnificent suite of rooms on flu- prlucfinl floor to the ' rc llcry sttlieeust end, when the Du ass of thei-laud amlu distinguished party received her guests. Mrs. Beecher Stowe, accompanied by or husband Professor Stowe, her brother, and the Rev" M Binuey, with whom she is at resent staying, was‘ cordiail welcomed by or Grace. rs. Stowe is rater below the middle site. She was neatly but plainly attired ; and wearing no head-dress, her appearance formed a remarkable contrast with the numerous ‘ liiriie

groups of s arrayed in all the brillisncy and variety of dams" toilettr. '

The Duke of Sutherland havin introduced Mrs. Stowe to the assembly, the fo owin short address was read and presented to her y the hrl of Shaftcsbury : '

“ Ma m,—I am dcputsd by the Duchess of Sutherland, and the ladies of the two com- mittees appointed to conduct The Address from the Women of England to the Women of Ame- rim, on the su‘lP'cct of Slavery,’ to express the high gi-stiflca on they fbci in your presence amongst them this day. The address, which h received considerably more than hall‘ a million of the si turcs of the women of Great Britain and Ire and, thgy have already trans- mitted to the United tates,consigning it to the care of those whom you have nominated as fit and sealous persons to undertake the charge in your absence. The earnest desi-e of these committees, and indeed,we ma say of the whole kin om,is to cultivate t e most friendly and s tionats relations between the two countries, and we cannot but believe that we are fostering such a feeling when we avow our deep admiration of an American lady who, bl e possession of vast ins and intellectual power, enjoys the still higher bless- ing that she devotes them to the glory of God, an the temporal and eternal interests of the human race. ’