ivere will‘ teeugage ‘it. And at any rate. the Couiinissiouer ' ‘ald he.:t‘lilierty to consult law.)-ers if they thought proper to Ill!

so.

Ilon. Mr. POPE observed. that if lawyers were to be admitted es plenrler-s into the Small Debts Courts. it would be much the same ntextendlng a Term of the 8 rcnie Court to the wholti yca Lawyers were very wisely nxclu ed front iiiteriiicddling in such Courts, \vitli the petty affairs usually brought-before them; and. is ffet, were it otherwise, it would, _nt_once be derogntor profession and insulting to the Coinrnissioners. Even ‘amongst such of the Coniniissiouers us were least conversant wiili the Ian‘. tlsrougli a patient hearingef both parties. in the most iritiicate and complicated cases. it fair determination was generally arrived at: but, ifs Commissioner vvereort so it occasion, to be be tired tryosehwyeroeliisrigtitsettanettieronliis . _, completely bewildered, and rendered as incapable of giving a rea- sonable and equitable judgment concerning the matter at issue. as if he had never Iieurd a single wordiabout it. The Smell Debts Courts were bed enough as they were; but should lawyers be nl-

wed to pl before them, they would become ii positive ctlflfi l°

.‘

8 .- =' c

the country, , Hort. Mr. COLES remarked, that if lawyers were adriiitted to those Courts, every litigant in them, who had ten shillings ' eespura. would spend them in fesing an attorne . If the Loin- n' , however, should find uny sui_t before t in to be so ‘in- volved in legal ambiguities, that it was difiicult for thorn to decide thereon, to their own satisfaction; they might, be thought, he el- letrred to cousulttbe Crowu Law Othoers on the subject of such

lefl dificslties.

fr. THORNTON. He would be very glad to that Com- missioners in the Sniull Debts Courts. and other Individuals. hav- ing ublic duties to discharge, were entitled ‘Ill cases ‘of ditficulty, to apply to the Crown Laiv Oliiecrs for advice._grat_ir. He hid however, found I at it was not the case; for having himself, on one sueli occasion, applied for such advice. he was told that was not entitled to it. any more than any private_ individual, lwithout a

entered thereon. it was taken for granted. that be conceived him- self duly qualified to discluir the duties thereof, and the laws made no provision for his assistance in case of incapacity. With respectio the evils 5'...‘ .. ‘J ' rorii " " _ "_lsIv _e|’la as pleuders, in the Small Debts Courts, they had. in his neigh- hoarliood. suflcient evidence of them, in the persons of a few busy- bodioe. who fancying themselves very learned in the law, fr nont- l eontrived to worm or intrude themselves into I Small ‘ourt, as witnesses or otherwise, greatly to the obstruction of the business therein. If lawyers were admitted to plead. the Com- iniasioners would, frequently. be more at a loss how to decide. after havin heard them, than they were before; _und the Court. instead of ing able to get through their business in a day. would scarcely accomplish it in six. The clause was then agreed to without aineudinsnt.

Tuusnsv, Feb 3, lB."iI. NOTICES UPON 'l‘IlE ORDER BOOK. Hen. G. COLES will, at a‘ future day, move for leiive to bring in

a Bill to secure to tenants ejected from their lands, cotiipcnsatiou

for their improvements.

out an rhyme or llony. Mr.

to generation.

whether he Government on that score.

conduct of the late

rnsnt were uite as

pointinent ofn Market ‘ er .

for the repair oft

peiisation apprais merit.

nine riieiiibe

\Vs:nrrssnnr 4th. MORNING SITTING. The Bill to regulate the Sale of Lflsehold Il)lel't."lI. taken in Exe- cution, on motion o Mr. Clark, was read a third time, and passed. Divers petitions were presented by the Hons. hlcssrs. Pope and \Varburtoii, and Mr. Isiird, in favour of Pres ucation, which vvcre referred to the Committee on that subject. _ _ Hon. Mr. \VARBUR'I'ON, pursuant to notice, introduced rt Bill to regulate the publishing of Government Notices and Advertisements, yw iich was read a first time, and ordert-d for a ‘second reading _to- morrow. His Honor briefly explained the principle of tho llill, which was it more transcript of the former _oi_ie, the object coiiteiii- plated being a saving of eitpcnce, by providing that no advertise- ruents, 6rc., shall be published in any other paper than the Royal Gazelle. except in pursuance of special orders from Government. Hon. Mr. POPE, pursuant to notice, moved that a supply be granted to Her Mnjcstg. _ _ _ _ Hon. Mr. \VllEl.A. presented It petition from J ercmiah O'Brien, ying remuneration for the running of ii I-‘crry Boot Ill hlidgell, string a whole summer, for which service he had received no Go- vernnient nid. Hort. Mr. POPE said, if his memory did not fail him, the peti- tioner had previously applied to Governtiiciit and received remune-

C0.

riisa rsnisin by the fact. that other eflesrs had been so salvell with‘

reason. POPE remarked, th.-i_t lfniiy thing Iron 10 show that it would be for the public benefit or convenience, tli_at lltq Clerk of the Market should be reiiioyed : he ought to be disiutlledi but it would seem according to the id_ens ofthe honorable member for Cliarlottetown. that as it was, so it should be from generation lle (Mr. Pope) was well aivnre of the cslumnies that had been industriously circulated: such for instance. as tltll ive, Her Majesty's servants were, not ca ble ‘of carrying on the Government, and that corruption would ollow in our visits. Sue cnlnmnies can well and easily sustained. so long as it that we carry with us the good opinion of the public. . nornble member look to the actions of the Goyerniiieiit with respect to the chit us which they have made in public otlices, nnd_tlien say. I not reason to be surprised at the iiioileiation of the Although it could not but be evltlifll to the honorable ineinber for Cliarlottetown, how much trouble had been unnecessarily iven to the Government, by the co ire \Vnrdens, it seemed notliiiig less would satisfy him than placing the Market Clerk in ii position _to offer si- iiiiliir reeislance to the Government, should they ever think it would be for the public benefit or convenience to remove. lIItlI'. and his reason for pursuing such a course he would have it to be under- stood ivns that in his opinion. no confidence was to be placed in tlI6 Government. But, wliellicr that were the opinion of the honor-.i- ble member or not, he (Mr. Pope) believed the present Govern- trustworthy as their immediate and, when t ey failed to do their duty to the public, public would not fail to bring them to account. Mr. C contirini.-d the statements of the Hon. ‘Mr. Coles, relative to the discovery. that no luw existed, authorising the up-

Mr. Flt ASER could not see any reason tvhy on omission was not to be remedied in this Bill, its onii.-sioiis frequently had been with great propriety in others. The opposition to it carried suspicion - hr 3. , with it.

h.’ T.“ 5.“ “Mi “mt when my one nppomud lo a P. .6 0 . On the question being put, the amendment was rejected. Bill re- ported agrecd to. and ordered to be engrossed.

AFTERNOON Sl'I"l'lNG. Ilon. lllr. COLES presented the School Visitors‘ Reports for Queen's and King's Counties, transiriittcd front the Board of Edn- ehu cation. _ _ Ordered, That the said It opens be referred to the Special Com- mittee appointed to enquire into and report on Free Education. Mr. DAVIES ireseiited a Petition from llugli Ross. coiitractor lie Wlinrfiit Pinctte River. (South Side), praying remuneration for the coiiiplctioii oftlio siiid Bri e. M . DAVIES also presented a Petition from Ricliard Gill, Pn- trick Stephens and divers others. prayiiig for the amount of com- ’ ’ on a proposed new line of Road between New- tewn and Port Selkirk, surveyed by order oftlie Executive Govern-

Oii riiotion by the Hon. Mr. POPE, the following Committee of rs--3 for each of tho Couiities—-was appointed, to whom shall be referred, rill Petitions relative to the opeiiiii of new lines of Real, to cxaiiiiiie the satire, and report thereon.- Mr. Davies, Mr. Laird, llon. Mr. Colos, Mr. Thornteii, Mr. Benton, Hon. Mr. .lardiiie, Mr. |"rascr,

Hon. Mr. COLES prescntcd a Petition from .\I:ilcolin .\l‘Kinnon, setting forth. that about Eiglit years since, to was induced, by the advice of friends, to pica the principal port of his iiitirtoy in the hands of the late 'l‘rensurer, tliiiikin ' inent Security, but which he hail since had reason to believe, went into the pocket oftho Treasurer : that the petitioner is Eighty-nine

l on. Mr.

it was invested in Govern-

ycurs old, and in destitute circuiiistanccs : and praying relic .

Ordered, 'l‘o he referred to the Coiiunittso appointed to consi-

dcr all cases of Pain t-risin.

After the Petition had been read, it short discussion emitted, as to whether it should lie on the table or be referred to the Coiiiiiiittee on Petitions from Ptiiipcrs, in ivliicli the Hon. Mr. Colcs, Mr. Mont- gomery, l\li. Davies, .lr. Fraser, Mr. Tlioriitori, and the lion. Mr.

Pope, each bore rt art.

llon. Mr. CULES scarcely knew which course to recommend. The case of the Petitioner ivus u very hard one; and tho lcss which he had sustained, through gross fraud on the part of it late public office, coupled with the coiisidorution of his very advanced age and destitution, certainly entitled him to the sympathy of the House. lfit were ordered to be laid on the table, an idea nii th:it it was to be taken up, and especially dealt with, with a view to reimbursing the Petitioner in the amount of his loss; and this erroneous idea might cause others (for, he believed, there were many), who had been defraud ' late Treasurer, also to petition the Houiie for redress.

ration.

Hon. Mr. VVARBU IITON observed, that the hon. member was perfectly correct: the petitioner had received from Government, what was thou ht full compensation for his services.

Hen. Mr. W‘llELAN explained, that what was awarded by Go- vernment was for other services, and on account of_ot|ier considera- tions, quite distinct from those. for tvliicli the petitioner prayed to be remunerated.

After a fow remarks from lllcssra. Thornton _and Clark, the petition was laid on the table, with an understanding that enquiry shou made. _ _ _

Mr. THORNTON. pursuant to notice, presented a petition from Henry Irlooney, praying aid for the services of his wife and daughter in extinguishing a fire on a bridge, at Pisquid Road, 'I‘ownsIiip Q2, in the summer of the your 1840. The hon_. member satisfactorily explained the reasons why no previous application had been made to the House, and said that the case had been strongly recommend- ed by the Commissioner to the favourable consideration of the late Government, and his late Excellency had partly promised whiit the petition now pray or. _

Mr. FRASER had known similar praiseivorthy conduct under similar circumstances, unrewiir c . _ .

r. YEO expressed himself in favour of tlte petitioner, and con- sidered all such cases should meet with the favourable consideration of the House, as an inducement to others to act in the anine way; as

" instances were not of singular occur_rciice, in which persons, instead of using their endeavours to extinguish fire, stood calmly looking on.

llon. Mr. POPE said, in his opinion, but little conitniserntion ought to be felt for such unprincipled rascals, had they been burnt tbeinsclves. _ House in Committee on the Market Ilouss Bill.

Ifon. Illr. JARDINE in the Chair. _ _

Ne debate took place on any clause excepting the one iplcndcd to

've the Government the war to up int the Mnrliet_(.lcrk. On

this clause being read, D r. Palinor moved the following amend-

ne"'“And be it enacted, That as often as Il|Q.0IHC_O of i_\Iarket Clerk shrill become vacant. by reason ofd_eutli, resignation, Inca iiicit to serve, or dismissal for misconduct, it shall Iielawfpl for t i_e Licut. Governor, by and with the udyicc of Her Majesty s Council to fill ‘ up the said oflics by new a pcintment."

The hon. member said c was induced to offer the amendment, because when the Bill was introduced, he fully rinderstood nothing new, as regarded the Market Clerk,_ was to be introduced, and as

therefore, perhaps, be the best way to include the petition amongst anpers; sltho h, from the currietnncee which it set.orth,it seetn

those of

consideration. His

had ti on Pauper Petitii

Mr. upon the in

tion. be referred according y.

w

0

hit '

no fault was found with him. he took it for granted he was not to be tl erto

dismissed; he could see no reason for the introduction ol'tlic clause into the Bill. _ _

Hon. Mr. COLES s.iid. neither could he see any necessity for_the amendment. As no law was in existence relative to the nppojnt- rrtent of Market Clerk, it was highly requisite that an Act of I ar- liarrient should pass to rerriedy the defect. Sufficient had been seen in the conduct of the late Fire Wardens to show Iioyv necessary II was that such questions should be made plain_. '1 hey. ‘(the tile Fire Wardens.) because they found themselves in possession t_i _ Old Court House, although without an lawful right.—-tbs building liuvi been erected attbe sxpouse oft e public at _lurge—_nnnoyed, and a most defied the Government, to get session it I}- very convenient purposes to which it has since been applied, those of the Post Otiice and Meal Market. 'I‘he_ Govern_tner_ti ‘have no fault to find with the present Clerk, nor any idea ofdisrritssing him: the clause had not been introduced with any such intention.

Mr. PALMER. did not consider that the allusion made by the lion. member who had just spoken, to the conduct of the Fire Wardens. here any analogy to Il|I£fXl|I question. It was all very well to say, ‘oh, the present arlret Clerk has been and

' be It uulprnperpevuon. snd_tlis elaase not been introd with any intention of turning him out of IIH situstion;' but, conti- ased the hescrable iiieniber, insa such professions and assurances hve been broken—-he bad lrnown several to be violate_d—erider vsnie ext or another; and he should not be surprised, if no more

eaeuse could befound than that the ofleer's face uiiglit be fund fault with, it should be made a reessu for his ejeerinent. He (Mr. Palmer) wished to see tltings plainly stated. and no loop-

hfl'£ aiéd iherefiire. did he more the amendment. r.

as

:- . .. 3'

still

on ,lI|IIll|'O.‘l'O',".C riot.-any tayinesl; psguta rt s tat lrmfit '.&‘:3akhqusstisu.sed.izaP:ta’-swu lutrsdueedp aeethsr

Mr. rA.l.=B.I':‘siiI...astvrithstaudiag vvhatlisd fallen from the W lib rsuialnsd uuslisltsu. thst'the Clerk

thIsepl- besslledte

destroyed ll

carried xi quiintity of it in his Mr. IIAVILAND suggcste

t nftlic pro Hon. Mr.

y the Committee.

the

ibits

gar h

sideration in Committee.

claim to indemnification by the House. vised that it should be referred to the Committee on Pauper The discussion tlieu ceased, and the Petition was ordered to

In ii siinilnr way. by the It would

nlior nsture_ of the cir- entitled to some opinion, however, was that tho Petit oner had a claim u n the Snreties of the late Treasurer, for the amount of which he ad been defrauded; for it was under the pretence of lag Government security for the money obtained by him from the Petitioner and other, that he had been able to act so frudulenlly; and there was reason to believe that the late governnisnt and his riends were cognizant of the intinuer in which lie was dealing with such individuals as the Petitioner. Mr. MON'I‘GOhIEllY thought the only way in which the House could, with propriety, entertain the l'etition. was by referring it to the Coiiiiiiitiee on Pauper Petitions. Mr. AVIES was of opiiii:-n, that from the pcculiar circumstances of the Pe|ioner’s case—-particularly on the late Goveriiincnt had sustained the late 'l‘re:isurer in his plnco—tliat he (the Petitioner) claim upon the Ilonse. Tho Pctiiition might just as well be thrown under the table at once as to be referred to the Committee

Let the ho-

ntuiiincious

rotlticeseofli : doubtless the

Pope ,

glit get abroad y the House.

rticular

2

fiict,

iv-

Mr. DOUSE insisted. that before the hoiuruiag Olteer should be called to the Bar of the House for examination, it was dus_ to him that he should be furnished with a copy of the charges which lllil

been preferred aqgiiist him.

Hon. Mr. “(A IIURTON observed, that the I_ionorrtble mem- ber for Belfast (l\lr._Douse) was the fittost person in the House to explain to the Returing Officer the nature of the_ _ rges preferred against Iiiin, and to make him_nwsre of the position in _vvliicl'I he would stand before the Coiiirnittee; for it_ was chiefly owing to the pertinscity of that honourable member in iiisistin pon the on-

g u h cessity of that 0l‘Iicer's being examined by the House, that the Hon.

Speaker's Summons had it issued for his npunr_iince.

Mr. SPEAKER. It had always appeared to him, that when an itidividutil was about to be examined, touching nny.inutte.r or bu- siness, out of his connexion with which, it prosecution might pne- sibly arise nguinst himself, he ought to be caution , lluit he was not bound to answer any questions, his answers to which, might tend to n criniinntin of himself; but tli.it he might answer or not.

« as should appear to ii_rnielf to be most for his own interest.

ives the course prescribed in all courts of law, with regard to the examination of an individual. liable to be prosecuted, on nccoutit of the charges, touching which be was to be cxamm . _

I on. Mr. PE denied lltill any such course as that rescrtbcd to the Committee for their observance by the honorable Speaker was ever pursued b the Ilouse of Commons. \Vcre an individual, under exuiiiinntion fore u (.‘oiriinittee of that body to refuse to answer such questions as might be put to him, ruliitive to the siib- ject matter of eziqiiry, he would be committed to prison for contu- 'l‘li:tt the Returning Otiicer had done wrong, the House already know. That evidence of his having done so ivus heforc them in the Poll Hook; and, in consequence of it, the House li.id declared the Election void. The Presiding Officer was to be called before them, not that he might criiniiinto himself, and so ‘render himself obnoxious to II prosecution; but that he might explain the reason or cause of the omission in his Return, liy which the Elec- tion hus been rendered void, so that, should his ronson be sulli ' out to iiicliiie the House to a f.ivournble consideration of his neglect of duty. he might escape prosecution for the recovery of the penalty to which he was liiiblc.

.\lr. Sl’E.\KER sustained his opinion, and in support of it, cited it case, which, he said, was exactly in int, from the Journals of the House of Lords; that ofan individual who had crimiiiuted liiiiiself. by his admissions. in the course of his exiimiiiation by their Lordsliips; when it w:is held, that it would be coiitrnry to all rules and sense of law and justice, to direct a prosecution of the individual, to be sustniiicd by the ttdiitiasions so iiinde by himself.

I ix. llIr. POPE argued, tli:it if the Coiiitiiittce should admit the proprict of the course insists upon by the honourable Speaker, it ivoul be useless to summon iin_v individual to the Bar of the House for the purpose of eliciting from him, Iiy exnmimition. ii y information of which they might deem it requisite that they iiliould he possessed; for, in tiut case, such iiitlividual iniglit refuse to answer almost every question put to him, alleging that it would tend to implicate or criiiiinnte liimsel .

Mr. \VlGH'l‘.’tl:\N observed, that the House had, unriniiiioiisly, concurred in the propriet of sutiiinoning the Ileturiiiiig Ollii-er to the Bar oftlie House, after the litltl been Election setiiside, from the evidence of the Poll Book; the declared object of the House being, not to ascertain whether the Returning Ollicer had, or ha not, been guilty of any neglect of dot —for they were convinced that be had—but to shew that his 0 'enco was one 0 is very serious character, and such as ought to draw down an infliction of the penalty to wliicli lie liiid made himself liable, unless he could satisfy the House, b exploitation of his conduct, or npoltig for it, that his olfeiice might receive it lenient consideration. 'l‘lit.-re was tlii-rcfore, he thought, little occasion for the quoting of precedents with refer- .ence to the procedure. ' 'ie Otlicor had been sent for; he was tiers; and the Coiiiiiiitlce were sitting in cxniiiiiio him; they li:iil before dcteriiiinetl what course they should pursue; and he would, therefore, advise that .\lr. McCulluin he immediately placed at the Bar, as iiiuved by the lion. Mr. Colcs, and that his ' " be thcii proceeded tvit

Mr. DOUSF. having again insisted, that it would be unfair to sub- ject the Returning Otlicer to an cxiiiiiinntion until after lie had been furnished with a copy of the pripcrs containing the ulli-gritioris against liini. -

Ilon. Mr. COLES replied. that there could be no necessity f'or his being furnished with a copy of the Poll Book, for thiit had been supplied by liitiist.-lf. and afforded most conclusive evidence against him. All thiit was now sought to be iiscertaiiied, was, whether he could offer any satisfactory explanation of his conduct as con- ned the omission of the r.tii' av.t.

hlr. PALMER then rose and said, he was not present when the order was made for tho summoning of the Returning Ollice, would have objected to It. He should like to know why he had been summoned. It appeared to him. that there could be no "art reason for it. All that could be ascertain would be, that be either had or had not done his duty. done his dut . he would as so. If he had not, he was not bound to answer. list it was it less to seek to conceal the object of the examination. It was to ascertain, whether or not he was guilty of neglect of duty. to an extent that would subject him to the payiiieiit