WW

4;‘ .

W

of thematul relatins exiting betwcalnidlord anlTeeent. - bytI_ie_eomnionlawofEnglsudlrointiiaeim- me ; and dioetly to the dictates of common

‘lure.-;so that it is dlflcu t to sup

_ p. H _ blllb *1 '50 BOB- burred in plllllgilb, from motives which will be hereafter alluded to. could’ -have entertained the’ slightest hope that it would ever receive the royal assent. -

It! sicu, usnuyh a few. -if any, of the tenants in the Island y‘ acmunt of’thelr'upenditurc. or of their income.

tiou" any expenditure of manure. lime. or any other matter on to improve the temporary fertility of the soil. and to award a recompense therefor.” a convincing proof that the

' Before entering into the details of the‘ Bill. it is deemed ‘true intention eftho Bill irto prevent the landlord from ever

noccsu_ry.to shew under what relations the tenants contain- plated tlllt stand, with respect to their landlords. as regards duration of teoure"and terms of payment of rent. as these have s. vcr_ o_vident bearing on the policy sndjuetioe of pen- ing the Bi I into an Act. The majority of -the tenants hold by leases of a_lon endural_ice.as appears. by the enumeration 0 "10 rfiflpeotlve _ldlIIfi:eln the Census of l848-'—tlic‘gcne- rel accuracy of which i re is no reason to doubt, as itia publified by the order of the House ot'A.mcmbly'in the A pcndix to its Journal of the year 1849. In thcjeer 185 the whole number of tenants in the Island amounted to 6099, of whom more than one-half held under lessee tbn999yesre. the residue by_ terms varying from 999 to 100. 50 and 30 years. there being of the whole number only 199 'that occupy‘ their lands under lease or agreements for a shorter period than thirty YOIPI. and those holding by these ‘comparatively phort periods of 100. 50, or 30 years. have generally a clause inserted in the lease or agmament. giving them the power of demanding releases in fee simple. upon the payment of twenty» yeh‘rs purchase money. _ _ to the terms respecting the payment of roots under which the lands are held. they are. as given by'tlt‘c same‘ authority. as follows :--Out of 6099 teuante, ipre ‘4970‘who pay _ninc-pence, Britishaterling, the sore ;. j 898 ‘at rents varying from nine-pence to sixteen-pence. British sterling, the new ; 87 not exceeding two shillings, stcrlin . per sore; and 87, in the oldest. most populous ‘and, best on tivated dia- tricts. who hold at a greater sum their three shillings. British sterling, per acre. That there is no species of contract which the laws ofall countries. by a coniinencanscnt founded on the immutable principles of justice. look upon so reli 'ously to be kept and enforced as that between landlord an tenant; and the payments of the rcntrcserved in such contracts have eyer, by the law of England. been compelled to be made with rigour and strictness, tempered and modified b a care and watchfulness that the extraordinary power vest in the land- lord should not be abused. And of this oare~ and watchful- ncss the tenant of Prince Edward Island has an equal share with those of England. in addition to the benefit conferred by statutes. by which the power of the landlord is curtailed and regulated. passed by the local Lqislature in favor of the tenant, who has also the some advantages given by the law of replcviu. and may avail himself of any plea in bar or of set- olf that the practice of the courts allow. as full as _the tenant in England can. But the tenant in Prince ‘dwnrd Island is. in almost every possible case, placed on a far more favor- able footing than thc tenant in England. In the t place. the tenant's leascis of along enduraue; secondly. he is hem- percd with no burtheusome conditions, is compellable to erect no particular species of buildin s, to follow no prescribed course of cropping or tillagc,— l he has to do is simply to provide for and pay his rent of nine-pence, British sterling. per acre. and the public taxes, which do not amount to one penny, British sterling. per acre ; and having performed these duties. he is totally independent of his landlord--may sell and dispose of his leasehold interest at public aucticn,or by private contriict- -ninylmortgagc. build, cultivate, or let it alone, just as he pleases. It is. therefore. submitted that it is contrary to the dictates of common sense. as well as op- posed to the rules of common justicc.that the landlord should be compelled to pay for buildings and improvements: on the necessity of ercctin the one. and makln the other, he has never been consult _. and which. if he he been consulted. he would, in all probability, have disapproved of. That the com- lliiig the landlord to take back the land,becausc the tenant is either unable or unwilling to discharge the rent, and pay for‘the improvements at a valuation by arbitrators. is an act of injustice to hinras a creditor. to which no other creditor of the tenant is by law subjected. inasmuch as any judgment creditor of the tenant may take out execution. levy upon the leasehold interest and sell it, with all the improvements, in a year from the date of the levy—turn the tenant out of pos-

session. and, if the leasehold interest with the improvements .

are not sutiicicnt to pay the debt. sciac upon his person, and lodge it in prison, until the residue be id. That the mort- gagee of property is at liberty to force use, where the condi- tion for repayment of the mortgage money is broken. and that in such case the land with all its im rovements is for- feited; and that this Bill would place the ndlord—who. by abstaining from pressing his tenant for the rent. has, in equity. lent him so much moncy—in a worse situation then a moi t- gagcc. or a judgment crcditor,—thus making the claim of the landlord. which is in England and all other cpuntrice con- sidered paramount, inferior to those of strangers.

That the Bill is retrospective. and will. if_it takes cifect, be the means of adding a parliamentary covenant to pay for

_ improvements on the part of the landlord. which, Ind it been

proposed at ts: time of executing the lease, he would have at once reject .

That it is takin a fraudulent and unjust advantage of the lenity of the land or_d, who. in most or in all cases. has for- borns to press the tenant for the payment of his rent, from an unwillingness to interfere Wllh,O;‘p|’€'Qh hiainaking the necessary improvements. resting sat’ ed that by so doing he was promoting the interests of thc_tcnant, and enabling him to pay his rear with greater use in future years. t in fact, by this Bill, the landlord is to be punished for having assisted his tenant, at the outset of his career, with what was equivalent to a loan of money. without interest. for live. ten.

recovering his rent‘, when it has once been suffered to fall into’ arrcar. as an award ieadc upon such principles would. in most cases, amount to more than the original value of the land.

That it is a specimen of class legislation of the most odious kind. and canserec no other ‘end then to reduce the value of rcalestete. already etevery low rate. as may be seen b the price id by the Government for the estate of Charles or- relli '

iuouied melt from the Island, as no one will be inclined, or 'oan‘bc‘c_xpected_- to‘ invest capital in the purchase of land, which he isd rived of the wer of turning to a beneficial neciand III) prevented reaping the just profits of, under the sanction of law. That the true object of the Bill has been declared by the Hon. G. Colcs, on‘thc Eschcat qltedtioll. on the 29th day of March last, to ‘be’ fiiritlic urpose of compelling the proprietors '* to come in

ofiiir t ' lands to the Government under the Land Pur- chase Bill."

That, if the royal assent be given to this Bill, it will be sanctioning-s‘ species of class, partial and unjust legislation. which caiiaot hi‘. to have a ruinous ect on the future pros- perity of ‘PrinccVEdw'e’rd Island, an may be drawn into a precedent for any specie; _of'_wroug and injury it may be the lcasurs of an-ignorant and interested majority in the Legis- Etiire toiinfiiotnpon either individuals or bodies of men.

- ' '.fli*c~‘undersigncd,-therefore, moat humbly pray that Your Majesty will'be ecioiisly pleased to take the premises into your royal consi crstio_ii, and withhold your royal allowance t'rom the said Bill‘. And Your Majesty's petitioners. as in duty bound, "shall ever prq.

Charlottetown. Prince Edward Island. 19th J une. 1855. (Signed) ‘ ROBERT BRUCE STEWART. - Proprietor of Lots 30, 7. 10, 12. Q of Lot‘47, par ‘of "Lots 46 & 47, and Lennox Island.” ROBERT RENNIE, Agent for D. 8.‘ Russia. Proprietor of part or Lot 23. D. HODGSON

' Pro rielor of part of Lot 23. LADY WOOD, By her Attorney. Saiii.. Nansen. Lots 67 & 50. M. M. FANNING. By her Attorne , Sana. N neon, owner part Lot 24. CHVA . PALMER

Fo self & others. owners of } Lot 1. JOHN R. BOURKE. Owner of part Township No. 36. JOHN. ROBERT & GORDON THOMSON. Of Belfast. Ireland,'ownersof part Township No. 26. By their Attorney. J. R. BOURKE. Ravn. JOHN MCDONALD. Chiehester, England, owner of part Township No. 37, By his Attorne . J. R. BOURKE. - JOHN A CHIBALD MACD NALD. For self and others. owners of part of Lots 5 & 36. CHAS. W T

Owner of land on Townships Nos. 65 A’. 50. PETER MACGOWAN. On behalf of Sir J ous Human Li-rrl.m. G. C. B.. Owner of Lands on Towhships Nos. 37 & 38. ELLEN STEWART. For self and sisters. owners of Lot 18. HA'I'l‘0N H. STAN FIEL . Township No. 54. per his Attorney. G. W. Dsswis. P. D. STEWART Owner of Lands in Lot 48. MARY L. B. IRVING, Owner of Land on Lot 18. Wis. DOUSE. Agent for_thc Trustees of the late Earl. or Satxiax, for parts of Township Lands. Wu. BOWLEY. By Wit. Doull. his Attor’y. for ‘JAMES MONTG . For part of Townships 34, 51 & 59, by his Attorney, Wis. D an.

art of Township 40. OMERY

A. T. TODD, Proprietor of part of Lot 19, by his Attorney, Wat. oaoaii. , T. H. HAVILAND. Proprietor of Lot 56 and § part of Lot 43. by T. earn Havinaiin. his Attorney. Wit. H. POPE, As A t for Can. & Mas. Coiinxataitn, owners of {Township No. 65, and lands in Charlottetown

and Re alt . JAllllS,H. CONROY. For Lends on Townships 38, 45 & 26.

FRANCIS HENRY BYRNE.

ANNA MATILDA BYRNE.

CIIAUCY HARE TOWNSHEND. ELIZA FRANCES TOWNSHEND, CHAS. LAPIN Dr 81-. ROMAIN. HENRIETTA JANE Di Sr. ROMAIN.

By Roar. Srzwaar, their Attorney for part of Town- shi Nos. 46 It 48. ATILDA G. CUNNINGHAM,

By'Roar. Srrswaar. her Attorney for part of Town-

hpX'W.IOI' any arbitrators to come to a just deci- i“ °°"°¢l'WI°° 3

in , u%'et'tlic;Bii_l dirccfii the arbitrators “ to take into eonsidera- u

uiie._ » , That the Bill is iuipolitic. having a tendency to drive all -

the leader of the Government. in his speech .l°°

of ev description of in this Island to drive person i ordcaziisi puny fsolll pl. an! i:?ect zpicim ilrfahtdy being tea an mustasoten to econ coo once i ertore

. the protection ‘of -the Crown. and in the integrity 0 British institutions.

RVs, therefore. hilipnblyb preyftlgst tips Ifgfigoing fll;d ot t'tins_ontesu'ecto tesn 's—twoo wic datdd ‘t)lel0I4:ll and 19th 0 June, 1855, were addremed to er most gracious Ms" sty, and one dated the 4th of J line, to the Right Honorable rd John Runell—may be taken into con- sglcrutlon nicngnvivaith ta; said Bgllilanld we further prayé -t at on the u eta , you w p e to recominsn Her Majcstyglb) disallow the mid Bills. And your petitioners shall ever pray, doc. c. the.

thou b ostensibly in the I an a ditional burthen on ' kind; and is

. ed 1. des<=ripti9n~ All per-on! entitl °‘°”‘V° h“"‘1"*l (spa; bacon STEWART, ELLEN STEWART, ‘OPEC Of T0 hlld, BIB to be hlblfi _ RIO (I NIX, Whether -nob renmn b°°°“°°'°.d°' '°‘»- ' “‘"“ °‘!""'°.' JOHN A.'McDONALD. MARY D. B. mviiva. gr rm by the term! 011. ‘hi!!! 1”‘ ‘ ‘"3 ‘°““.""° . ’I-‘orself and brother, CHARLES WRIGHT, oony. (namely. about one -NIH‘! " P”'“‘Y ‘“""‘“«'%» HENRY PALMER, J, R. BOURKE,

cu,mrncy. per “°1‘°.snd from that .- i W9 up to two JAMES 11. CONROY. J. w. E. WERE, -h-11-use that now“ WW ”"'9’ “M‘fi“’- J. A. M. McDONALD, wu. CUNDALL.

per n.creL,e parse ster ‘rig is t rent ueuell _ _

m the above quantity of ; which are far from being regularly paid. All i W194 toh N133 Mnolfllt Mad “nl;l":|’dl°‘?£'! " ——-———————— -—- ' tt t ' ' t e . . - . the iifluiifiuphriobluloighlliliy y°..bc1ow ' _ 8 Extract from the Minutes of the Executive Council. ggrirgetpgunpnfpplegrg lengrgyogg petltti '3" '“bm". seema ‘ COUNCIL antenna. 27». August, 1855.

I .. A! a Meeting of ii Committee of the Executive Council.

where'owners of land have yetnulhorous With» End IN BOW IOIIKM *0 50 liflfthfinede His Excellency the Lieutenant Governor having submitted 1105*. from which all otheroolonists are 1 for the consideration of a Committee of the Executive Council, and the neighboring Provincelof NOV! 300 a Pa r purporting to be it Petition of certain owners of Town- Wick. - , . . ship nda in Prince Edward Island, the object of which is to It will also be observed that the 11030! induce Her Majesty's Score of State for the Colonies to in the Town. or Royalties of Chnrlottetovr advise that the R0 nl Assent, shall not be given to two Bills Pflfleeibwll. (1008 1109. Izenden the OW-09,33 transmitted to the Colonial Ofice. passed by the Legislature of liable to the said tax; thou llzon whet pll this Island. at its last si.tting—the one for imposiu r alhito or '|lBtic€‘- such property BlI0|l1£b0,0¥‘i0?¢ “N Duty on the rent Rolls of the Proprietors of 'lowns i Lands, .l“5l- 31."! necefllllfyi it Violtld beg ° ‘cult —nud the other to secure Compensation to Tenants, a.ntl)tlxcrcl.y ‘“PP0|'l°|'9 -Of 1.118 A03 in question to caplet to promote the improvement of the soil; and the COlllllllllLO WW“ find Roynlt ' in ’Pa1'l'-l'°|‘l31’i “*9” i5 having taken the said Petition into their serious consideration, perty, from wh_ic considerable rents nndi beg to report as fonoweth ;_ and the following data will convey some M? it plea” ‘four Excellency : . . efore entering on the arguments ur ed by the Petitioners, we cannot refrain from remarking on e peculiar, unjust and malignant spirit exhibited by the manner in which they bring their case under notice. We allude to two allegations, totally roundlem, madeb these rtics—-the one against three Mom- rs of Your Exce lency’s Government,—the second, against the whole Body. .In regard to the first, they certainly well know that the taxes cxistin on Lands already are applied to purposes of uoation; an that of the Councillors of whose iu'ustice they complain, neither the Honorable George Color, (I c iutroducer of the Education Bill), the Honorable Charles Yloung, nor the Honorable William W. Lord, derive tb so igh

’ Charlottetown. P. E. Island, 27th August, 1355.

-i ) r i

.th an onerous im- Inpt, both in this taud New Bruns-

n of the property .Georgetrwn and erect‘ in any way Hfplo of equity or erom, if the tax r the framers and has in Charlotte- ch vuluablc pro- tits are derived ; of the value of such roperty,ns compared with that 0 Township lands. The valuations are taken from the repor pf sworn assessors C- ap8?1ldllll(l)‘l:tlt:ll(:1VeVIl“a?(:)ll:mc‘:)ll;'492 lotd f about on third of an acre each. and the Rd) alty and Col mon contains over 600 lots of 12 acres each; five town lots in the fifth hundred (Nos. 23, 24, 25, 68 & 69), but .th one dwellin thereon erected, are rated at £120 yearly Value, gardens and out-houses included; and the tenant, or Vunlot, the owner thereof is liable only to three-pence in the piund assessment. on r e Education Act. Each lot in Town, Common and Royalty, is also liable to the smal land tax of two shiilin currcnc , per nnnum; whereas iilderness and un- profita lo Iowns ip lands are nmessed at line shillings and‘

two— nee r hundred acres early w ther the same is . . . ._ , mp“ 10 of mg brought into zufthafian 0 mt’ beim nearly tloners speak of an Act “ enabling the autlioritlts to sell and e

and or m -primed :‘.i:*::*:.::.:::.‘:: 19.".-Z.°.‘.}?"".T‘...l‘“‘.3$§...".‘S..“»‘-"°‘i:l.'é‘.'..°'3‘3Zi.3?Z.ll.§‘2

the best T°.‘m5biP “d by ‘he Gmemmen’ “"d" the mud well know that the Land Purchase Bill. ives the Tenants or

PilI'.'§L‘::°lBgl‘ud. . . St t fr Occupiers of im roved Lands the right to urciiaso their ‘ .° . Ilommg Q°°°n we ' ° occupations-—bet ey friends or foes of any A ministration-

mld °°"m"‘"' "8 than ““ ‘cm °f 5' and that no part of it can bear the construction they have put n it.

lost benefit from that measure. has other most objectionable statement is where the Peti-

flng on the water, and. are assessed ml one other lot 0 our late and par-

iduals as business

(buildings inc ndod , at £250 per -'-H" adjoining Pownal treet at £140, while v cc s of lots, occupi in each case by in stands or other-wists, "'nvsn sat Bl’. wnnt §'l‘1fleach' four at £100 each, and from that radut, yluwer; yet all incomes derivable from property, w ether in the '.l‘owus or Royalties, are to exempt from the priposcd tit: Two Breweries and Distillcries are rated one at £100, tnd the other at £120; and thus it will appear that the ettimoted value of three small lots in Churlottctowi, (iuiprlvemcnts thereon included), is e ual to what is offered by the Govern- ment for 13,300 acres 0 the most productiveTownsh land in the Islan .

Why property of the above description,which case of invasion, would be the ver 'first to sufi'cr from t fire and depredations of an enem , s ould be wholly exempt from a tax, the implied object 0 which is to provide for tl defence of the Colony, may possibly be in n measureaccoun d

its being owned, in three of t

"°'1l"°'- to, y ntlemen who were mom

gl’“'Y‘(’,“:'3' Executive Government. and leading

°°"° ° "' Le islature, at the time the Bill passe , W. \V. Lord. 5 _ , .

as w up ar by the names ment ed in the

margin; the last named ntlemnn having only igned his

We further be to remark, that Charles Wright, Esquire, one of the subscri rs to this Petition, has already endeavored to communicate with the Colonial Minister. without submitting his letter to Your Excellency, and although his endeavour was not permitted to take efi'ect, the attempt exhibited the spirit in which these parties would net.

We now come to a part of this subject which is, if possible, even of more impor nce, namely, a renewal of the system by which ever Act 0 the difi'erent Braifchcs of the Legislature, in which our Excellency especially is included, is, it up are, undergoin , not the revision of Her Majesty's Ministers, ul: of a Body un nown to the Constitution, and consisting of parties, for~the most rt, who, though unable to command attcntl in the local islatnre, nevertheless seek to counteract i decisions at the Colonial Ofiice.

The people of this Island had reason to expect. that when Her Ms/esty graciously accorded to them what is commonly termed lies nsible Government, this secret and baneful influ- ence would * discarded, and the discussion of Island sfiiiirs no lon er take place throu ii the oratory of mnlcontents assem- Elacd in Downing Street, ut in the Colonial Legislature. Far 0

0

it, nevertheless, from us to desire the doors of the Colonial “cat at "h° Execufiw B03 “b°"t Si‘ ‘web ago’ .°n on the C0?llcel;(l)nbe0I'h‘:.Il0ag?d‘Ol:etl'ltlll.l1o(3'l‘ltw(:° ltclhlllk Iildelslliathfierettfollhlit ovc of his (lept:.l!'llllX'0 for England; but he still holds is valuable ldagd; but we cannot refrain from obsenfn ’ that the f"_ pro rty in C or ottetown. _ _ _’ - - - - ' ’ -

‘e very title of the Act, in the o liilon of y p_etition- }“°“t9*°r°I:<;fl<>lfittil:s patriot:péggsuawfyggggicrfigggtlynblg 9"’ ‘mph?’ ll d°l”“t“'° “'0'” H" . “-l°“7,'. 1'.‘ uctmn" as every act of legislatioii hasa very, injurious effect on the minds n° "w° °b-l°°t'°n° can 1” m°m emntmlly dlwmfl ’ mun pm‘ of the 0 le of this Colon and en ndersve at distrust viding an armed force for the defence of the Co 3/, and the We Ifopso to be Obhy’ to “ff that “E this comm‘ further "'°°u'.“.-9e”m“ Rf Education’ 3" in .th tt of-“lo of procedure alone and by no salutary attempt th participate R.°7.“l In‘i'r“°"°m whwh Ielawfl "0 the pawn hws’ it is in or originate nnyhct for the roinotion of the general welfare d'°m‘°fly and °xp'°"l£fl.°“-l°m°d " that “ch I-em matter that the Pro rietors of Land ill: this Colon are known and ii botluovidad for’ by 3 I em“ law’ without inc in I is the funddmenml cause of their one yin so little’ of the an the same Act such things as have no pro - -l y 3

,, . . syrnpath of its people. zlicth $3.223; mljuilgletbu °;'::3':;:°:’b-£55‘ t Le mature Your Excellency has had so recently under your notice the in . in the in 'I:.°°mt wk“ “ P-lo“. on e ff” of it Bills to secure Compensation to Tcnnnts,&c..that_wo have not . bum ‘gum’ Wu!” ham” “,1 oppgsa 8, PM ml“ ch” of thought it necessary to tro_iihle you_on that subject. Colonists, with whom? interests those of a majo ty in the As~ A mm E‘tm°t' whwh I °°""fy.' sembly, having little or no stake in Townshiplands, do not emu" DEs"‘“"' Clerk E" C°““°'l' lia ii to be identified. our petitioners are of course unaoquaintec with what ur- uments the Lieut. Governor may make useo in support of -a measure to which he has already assented ii is lace in the influence %0lllt|l Minister