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PRINCE! EDWARD ISTAND ADVERTISER.

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Vol. 111.]

COLONIAL LEGISLATURE.

. TUESDA Y, March 17. . _

The Bill to prevent the running at large of Neat Cattle iii the Streets of Charlottetown being read a third time 5

Mr. Clark moved that the Bill do now pass.

Mr. Palmer moved, in amendment, to leave out tlie_word ‘ now,’ and at the end of the question to add the words \‘ tins day three mon'ths.’ .

The House divided on the motion of amendment : \

YIAs—Messrs. Palmer, Thomson, Beck, Dalziel, Long-Worth .4 -

NitYs-J-Messrs. Clark, Macfarlane, Montgomery,J. Dingwell, Fraser, Dingwell, J. S. Macdonald, Forbes, M‘Neill, Macin- tosh,RaeI—ll.

So it passedin the negative. .

The motion‘ That the Bill do pass,’ was then- put and carried.

The House then went into Committee of the whole, on the fur- ther consideration of the Report of the Special Committee ap- pointed to examine and report on the Public Accounts—MLLong; worth in the chair.

[For the Report of the Committee of the whole House on the Public Accounts, see the Herald of the filst ult.]

A Petition of the Oflicers and Committee of the Charlotte town Temperance Society was presented to the House by Mr. Clark, and the same was received and read—praying that an‘ Act may be passed to prohibit entirely the importa- tion of Ardent Spirits into this Colony, and the distillation of any quantity thereof by means of domestic manufacture; or for the adoption of such other salutary and restrictive measures for the promotion of Temperance as to the House may seem meet.

Resolved, That the said Petition bereferrcd to a Commit- tee of nine Members, to examine the same, and report there- on to the House at its next Session.

Ordered, That Mr. Clark, Mr. Longworth, Mr. Yco, Mr. Thomson, Mr. Dalziel, Mr. Hudson, Mr. D. Macdonald, Hon. J. S. Macdonald and Mr. Macneill do compose the said Committee.

A Message was received from the Legislative Council, inform- ing the House, that they had passed the Bill for the appointment of Coroners in King’s and Prince Counties,with an amendment, suspendinw the operation of the Act’ until Her Majesty’s pleasure .tlierein shacll be known.

Resolved, That the several Petitions praying aid towards the relief and support of Paupers and Lunatics, presented to the House this Session, be referred to a Committee of twelve Members, to examine the same, and report thereon with all convenient speed.

Ordered, That the Hon. J. S. Macdonald, Mr. Clark, Mr. Dalzicl, Mr. Thomson, Mr. Yeo, Hon. Mr. Pope, Mr. Mac-

intosh, Mr. W. Dingwell, Mr. Macneill, Mr. Le Lach'eur,“

Mr. Fraser and Mr. Palmer do compose the said Committee.

WEDNESDA Y, March 18. l The House went into Committee on the amendment made by the Council to the Bill to authorize the appointment of Coroners in Kin ’s and Pn‘nce Counties—thin D. Macdonald in thechair. The airman reported, that the Committee had come to a Re- solution, as followeth: .

Resolved, That it is the opinion of this Committee, that this House do concur with the Legislative Council in their amend- ment to the said Bill.

And the question of concurrence being put on the said Resolu- tion, it was agreed to by the House.

Mr. Rae; from the Committee appointed to wait upon His Excellency the W Governor,-svith the Address, requesting a copy of Lord John Russell’s Despatch of the,16th Oct, 1839, on the subject of the responsibility of Public Officers, report- ed to the House that he was pleased to say he would comply with the desire of the House.

THURSDJY,’ March 19.

The Hon. J. S. Macdonald reported from the Committee to whom was referred the several Petitions presented to the House this Session, praying aid towards the relief and sup- port of Paupers and Lunatics;

Your Committee having maturcly considered the subject to them referred, are of Opinion, that the Petitioners, and other: for whom aid is solicited, be relieved to the extent \of the sums respectiyely attached to their names in the following Schedule:

PRINCE . COUNTY.

James English - - £3 0 0 William and Magdalen Holme - 10 0 0 Daniel Quigley \ - - - ,5 0 0 Matthew Flinn - - - 5 O 0 Mary Hickey - - - 3' 0 0 Peter Macmillan - - - - 5 0 0 Maurice Curran - - - 0 0 William Macncill - - - - b 0 0 £39

KING’S COUNTY. - Nancy Macgillivray . - - Mary Hare, for expenses of James Hall - Thomas Devereauxhe - - N -f (u - d Mary Cluny,to a r sage to ew oun an Angus M‘Kellorlik,y Pa: - — Margarct‘ Campbell - - - John Grillin - - - - Elizabeth 'Brow - - - - John Smith - - - ' - Christiana Maceachren - - JohnRowan - - - -

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QUEEN’S COUNTY.

Charles Russell . - — - - Nancy Kettley’ - - - - - John Ready _, ,- - - - Rosanna - m' - ~ - Catharine illiaIrd i - r - - Helen Reilly - - - James Conway - - - Siur‘ou Mackiniron Catherine Gainer - I - Charles Nicholson, OrWell - - Hercules Freeze, New London - James Maddox J oanna Redmond - . Margaret Finlayson - - . Christians Macphee' ‘ - - \ - M Macaulay, towards the supper of her son

Jo - - Archibald M‘Nevin - - - 3 John Murmurs- ' - - - -.W - ~ - Elizabe e - ‘ - Three blind perigns of the name‘of Mackay, at

New London - 7 - 12 John J p A. Bettina, New London - 8 RM liar - - - 5 Am Mansions“, Belfast - - 3

.,_.__.. , £148, 0 Your Committee are of opinion that it is inexpedient to fray: the prayer of the Petitions from or on behalf of the ol w' persons, viii: ‘ ll'lj‘homas welsh, Lot 6% John Egan, Lot 32; Edward Fehau, Lot 37; Edward Brenna, Lot 18. .

Your Committee' remotfully recommendito the House to grant I» sum in aid“ Ladies’ Benevolent Society, to en- able them more efl'ectuslly to provide for the support of the ndigeng the case» of Thomas Pmdorgastbe’ referred to their consideration.

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Ordered, That the said‘Report be referred to the Commit- tee of Supply. .

The‘ameiidment made by the Legislative Council to the Bill to authorize the appomtment of Coroners in King’s and Prince qunties was read the third time.

motion being made that the said amendment do s ' the House divided on the qiiestion: Yeas, 12. Nays, ,

Mr.' Rae presented a Bill to the House, _to exempt Lessees and 'Iena'nts from being held responsible for Quit Rents and Land Assessments.

FRIDAY, Marcli 20.

Mr. Le Lacheur, from the Committee to whom was refer- red the Despatch of the Right Hon. Lord John Russell, of the 17th Sept. last, together with a copy of the Bill passed by this House at its last Session, for the settlement of the Inhabitants,- to report thereon by Bill, Bills, or otherwise, reported a Bill, as prepared by. the Committee, to authorise the Crown to purchase the Lands, and to regulate the settlt,L ment of the lnhabitants of this Island, and the same was read the first time.

_Mr. Thomson, from the Committee appointed to wait upon His Excellency the Licut. Governor, with the Message pray- ing for returns of Bonds in the hands of the Attorney and Solicitor Generals, reported the delivery thereof, and that His Excellency was pleased to say, he would cause the returns moved for to be laid before the House.

_Mr._'l‘homson, from the Committee appointed to pre are and bring in a Bill to provide Salaries for certain public 0 tors, in lieu of fees and other emoluments, presenth to the House a Bill 'to provide a fixed Salary for the Colonial Secretary and Registrar and Clerk of the Executive Council, and the same

was read the first time, and ordered to be read a second time to-morrow.

Mr, Palmer'presented a Bill to the House, to amend the Act enabling married women to convey Real Estate, dzc.

_ SA TURDflY, March 21;

Read a third time, as engrossed, the Bill intituled An Act for opening Roads to Forms. from whence there is no access to any public Road.

Mr. Rae moved, that the Bill do-npw pass.

The Hon. Mr. Pope moved, in amendment, to strike out the word H now,” and at the end of the question, to add the words “ this day three months.”

The House divided on the motion of amendment:

Yeas—Hon. Mr. Pope, Mr. Longworth, Mr. Palmer, Mr. Sled—4.

NAvs—Mr. Le Lacheur, Hon. J. S. Macdonald, Mr. Beck, Mr. Montgomery, Mr. Forbes, Mr. Macneill, Mr. Thomson, Messrs. Clark, Gorman, Dalziel, Macintosh, Macfai‘lane, Rae, D. Macdouald, Fraser—~15.

MONDJ Y, March 23.

The House resolved itsell'iuto a Committee of the whole, on the further consideration of the Bill to exempt Lessecs and Ten- ants l'rom the payment of Quit Rents and Land Assessments—— Mr. D. Macdonald in the chair.

The Chairman reported, that the Committee had gone through

the Bill, and made several amendments thereto.

Mr. Palmer moved, that the Report of the Committee be re- ceived this day three months—The Hotise divided on the ques- tion: Yeas—Hon. J. S. Macdonald, Hon. Mr. Pope, Messrs. Palmer, Dalziel, German, Longworth—6 Na s—Messrs.D Macdonald, Rae, Thomson, Fraser, Macneill, ‘orbes, Clark, Mackintosh, Montgomery, Beck, Macfarlane—ll.

The severalamendments reported from the Committee were then read by the Clerk, and agreed to by the House.

Mr. D. Macdonald moved, that the said Bill, as amended, be engrossed.

The Hon. Mr. Pope moved, in amendment, that after the word “ engrossed,” all be struck out, and the following substitu- ted—“ an that the Title be ‘An Act to abolish the rights of

roperty, and to invalidate all contracts entered into between

andlord and Tenant, for the pay ment of Quit Rents and Land Assessments 5’ ” whichbeing seconded and put.|‘ passed in the' negative.

The question being then put on the main motion, it was agreed to by the House.

Mr. Gorman presented to the House a Bill to regulate the Herring and Alewives Fisheries.

The Hon. Mr. Haviland, by command of His Excel‘ le'ncy, delivered the following Messages :

FIRST MESSAGE. C. A. FITZ ROY, Lieut. Governor.

The Lieutenant Governor transmits tb the House of As- sembly, Copy of a Despatch which he has received from the Right Honorable Lord John Russell, Her Majesty’s Principal Secretary of State for the Colonies, bearing date the 16th of ' October last, relative to the responsibility of Public Ollicers, as requested by the House of Assembly.

Government House, March 23d, 1840.

._—_

SECOND MESSAGE.

C. A. FITZ ROY, Lieut. Governor.

The Lieutenant Governor lays before the House of As- sembly, Plans and Estimates of a Fire—proof Building, to be

erected in Charlottetown, for the safe keeping of the Public

Records, and for other purposes enumerated in the ’Act of the 7th “’ill. 4, cap. 31. These Plans also include the accommodation necessary

for holding the Supreme Court within the same building;

and the Lieutenant Governor strongly recommends tothe

serious consideration of the House of Assembly, the propriety

of making such addition to the. appropriation, under the

Act in question, as will enable the Commissioners to carry into effect so desirable an object of public convenience.

Government House, 23d March, 1840.

The Order of the Day, for the Bruise in Committee to in- quire into and take into considerationthe State of the Colony, being read.

The House resolved itself into said Committee. The Hon. J. S. Macdonald, the chairman, reported, that the committee

had. genie to three Resolutions, which they had. directed him

to report to the House, and which were agreed to. V

1. Whereas it has been olficially communicated. to the House of Assembly, that the Lords Commissioners of Her Majesty’s Treasury have no objection to the appropriation

of the sum of Fifteen hundred Pounds out’ of the accruing produce of the Sales of Crown Lands in this Colony, to the

erection of a building in Charlottetown, as an Asylum for

insane persons and other objects of charity, the House of Assembly making provision for the future maintenance thereof: Therefore, Resolved, That it is the opimon of this- Committee, that a Bill be brought in to pruride for the erec- tion andfuture maintenance of an Asylum for insane persons,

and other objects of charity. _

2. Whereas the Plans sent down by His Excellency the ssage, on the- lsthcb‘riiary last, accompanied. with a Despatch from the Right Honora- ble the Marquis of Normanby, transmitting the same,are not the Plans prayed for by the Address of tins: House to His Excellency the Identonant'Govemor, on the 14th April, 1839’, nor those to wln'ch‘thc Tabular explanation which ac- ¢°mpanied the same refers '. Resolved, therefore, that an Addrfiss he presented to His Excellency the Lieutenant Governor, thanking his Excellency for his attention infor-

.warding the views of the House in-this matter; and respect-

fu“! “queuing: that he Will be pleased to renew the appli‘ cation for the Plans required; and fugithcp praying his Excel: lency, to use his influence to obtain a copy of any Plan or' Plans of Georgetown and Royalty, which may have been. sanctioned-by the Imperial Government, prior to the year

. Resolved, That: it be recommended to the Home to

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CHARLOTTETOWN, SATURDAY, APRIL 11, 1840.

[No. 141.

appoint a Special Committee to examine the state of the' Bills, or Clauses of Bills, by which any penalty or forfeb

Public Plans and Surveys in the Surveyor General’s Office, and any authorised records contained therein, and report thereon to the House. ‘

, TUESDfl Y, March 24th.

The Bill to amend the Act enabling married women to con- vey Real Estates during their enverture, was read athird time, and passed. -

The Bill to repeal the Act for regulating the Herring and Alewwes Fisheries, was read a second time, and passed to be engrossed.

The rest of the day was spent in Committee of Supply.

I’VEDNE SDA Y, March 25th.

The Bill to prevent Lessees or Tenants being responsible for Quit Rents and Land Assessments, was read a. thud time.

Mr. Rae moved, Iliat‘the Bill do now pass..

Mr. Palmer moved, in amendment, to strike out the word “ now/f and at the end ofthe question to add the words “ this day three months.”

The House divided on the motion of amendment: Yeas, 6. Nays, 12. So it passed in the negative.

"l‘he question being then put on the main motion, ” That the

ill do pass," the House again divided: Yeas, ll. Nays, 7.

So it was resolved in the affirmative.

Readathird time and passed, the Bill to repeal the Act for regulating the Herring and Alewives Fisheries. _ Message was received from the Legislative Council, ac- quainting the House, that they had passed the following Bills, Lq which they desire the concurrence of the House of Assem-

y,-v1z :

An Act to prevent the bringing persons convicted of Felonies and Misdeineanours to this Island, from the Island ofNewfound- land, or elsetvhere in America.

An Act to provide for the maintenance and support of illegiti- mate children. i _

This day the Hon. J. S. Macdonald, from the Commit- tee on the consideration of Supply, reported 41 Resolu- tions of the said Committee.

1. £260 for Salary of Collector of Impost for Charlotte town.

Mr. RAE moved that the Resolution be referred back to the Committee of Supply for reconsideration.

Yeas 8.4—NAYS 12.

2. £40 for Salary of Market Clerk.

Mr. RAE moved that the word “ Forty” be struck out and the word “ Thirty” substituted.

’YEAS 6.-—Nars 14.

The third to the 20th Resolution, for usual services, were agreed to without any divrsion.

21. £100 to defray the Chief Justice’s travelling char- ges. _

Mr. RAE moved that the said Resolution be referred back to the Committee of Supply, for reconsideration.

Yeas 9.—NAYS 11.

The 22d to the 3£st Resolution, granting sums for con- tingent expenses, Salaries for Sherifl’s, Jailers, &c., Were agreed to. '

32. That £60 be granted the Speaker, and £30 to each member, to indemnify them for their disbursements while attending the sitting of the House of Assembly, with travelling charges.

Mr. PALMER moved that ‘4 Sixty” be struck out, and threwqrd“ Fifty” substituted; and. that the word “Thirty” be struck out and the words ‘9 Twenty-five” substitu- ted.

Yeas—Messrs. Palmer, Clark, Hon. Mr. Po‘pe, Long- worth, Hon J. S. Macdonald—5.

Nays—Messrs. Hudson, Fraser, Montgomery, Macfar- lane, W. Dingwell, D. Maconald, Rae, Gorinan, Beck, J. Dingtvell, M‘Intosh, Dalziel, Macneill, Forbes, Thomson.

33. £20 to John Arbuckle, late a Member of the House. '

34. £167 45. 5d. to defray the balance due for repairs and improvements on Government House during the

ast year. .

35. £300 to defray the expenditure on Government House and premises, for the present year.

36. £3000 for Roads and Bridges.

Mr. THOMSON moved that the sum of £2,500 be substi- tuted, which was negatived. ' .

38. £400, towards completing the Main Western Road.

Mr. Fraser moved, that the following words he added to the said Resolution—“ and that Twenty-five Pounds thereof be ex- pended in covering the logs and completing the road at each end of Ellis River ridu'e 3" which was negatived.

The Hon. Mr. Po e t it moved, that the following words be added to the said esolution—"Norih of Ellis River Bridge, and thence to Hill’s Mills ;” which was carried in the affirmative.

.The Petition of divers Inhabitants of Bay Fortune, praying an aid to purchase a right of way through the farms of \Villiam Dingwell and William Mackenzie, was taken up and again read. ‘

Ordered, That the said Petition be referred to the Com- mittee of Supply. »

Ordered, That Mr. Longworth have leave to introduce a Bill to regulate the service of Processes issued out of any of the Superior Courts of this Island.

He accordingly presented the said Bill to the House, and the same Was read the first time, and ordered to be read a second time on Friday next. «

THUR SBA Y, Illarch 26.

Mr. Thomson, in his place, presented to the House an extract from the Blue Book”, 'showing the amount paid to the Colonial Secretary, Registrar and Clerk of the Ex- ecutive Council, for the last six years—received, in com- pliance with the Message of this House to His Excellen- cy the Lieutenant‘Governor, of the 2lst inst.

The House then Went into Committee on the Bill to amend the Merchant Seaman Act.

Mr. MONTGOMERY, the Chairman, reported, that the Committee had gone through the Bill, and made several amendments thereto. .

Mr. Fassanmoved, that the Report be received this day three months. '

The House divided on the question :

Yeas—Messrs. Fraser, Rae, Macintosh, Forbes, D. Macdbnald, J. Dingwell—G. ~ ,

Nays—Messrs. Long'worth, Thomson, Beck, Macneill, Dalziel, Hon. Mr. Pope, Gorman, Palmer, Hudson, Clark, Montgomery, \V. Dingwell, Hon. J. S. Macdonald—IB.

So lt'paSSEd. in the negative. ‘

The amendments reported from the Committee were then read by the Clerk, and, on the question put thereon, agreed to by the House. .

Ordered, That the said Bill, as amended, be engrossed, and that the Title lee-“An Act to amend. the Act relating to Merchant Seamen.” y .

Mr. PALMERLfI'Om the Committee appointed to inquire' into the subject of the introduction of Money Penalties into Bills, with a view to the founding of a Rule thereon, for the future governance of the House, presented the Report of the said Committee; which Report was again read at the Clerk’s Table, and is as l'olloweth :

Your Committee appointed to examine into the usage and practice of your-Honourable House hitherto pursued, where the upper branch of the Legislature originate, or propose to amend, any Bill, or Clause of a Bill, in. which a penalty or forfeiture is imposed, with a View of defining, by express rule, the extent to which the liouse of Assem- bly should recognize the interference of the Legislative

-Counc1l in such matters, find that the House of Assembly

hath ever claimed toitsolf the sole right of originatin g all

ture of'a pecuniary nature is intended to be imposed on the subject; but inasmuch as your Committee have grounds to believe that this subject has lately been con- sidered by the House of Commons of Great Britain, and that where the direct object of a Bill is not to tax the sub- ject or to grant aids to the Crown, but for any other prin- ciple, and there are penalties in the Bill to effect such purpose, the House of Commons would now appear to admit the right of the House of Lords to amend any pe- nalty clauses in such Bill contained ; your Committee would respectfully submit that the House of Assembly should for the present relax the rule it has hitherto so strenuously adheredto, solar as to acknowledge (until re.. ference can be obtained 10 the l: te Journals ol'thc House of Commons) 3. co-ordinate r1 ght in :he Legislative Coun- cil to originate Bills containing penalties or forfeitures of a. pecuniary nature (it not being a direct object to tax the subject or to grant aids to the Crown.) and to pre- scribe the mode of recovery thereof; and also the right of amending any Bills sent from this Hruse containing clauses of such a nature.