at): motorists! manta.

DOCUMENTS LAID 'BEFORE THE HOUSE OF ASSEMBLY.

,co‘py—No. 85.)

. 3d 0 b 1843 (Sianed) S. CUNARD. similar circumstances, directed to the same Sheriff, H E A L T H I F o R A LL ,3 Downing Street, cto er, 'j H H Nadya Scotia commanding him to summon a Jury, to appraise the PATROMZED BY THE GREATEST Non. Sin. Ti ' l h axéd 1843 ’ benefit or damage which the Proprietors would receive ‘ ' i ‘ ay , . I herewuh transmit to you the copyof a .Iemoria I

which has been addressed to me by Mr. Samuel Cunard, of Halifax, praying, for the reasons therein statedpthat the Act recently passed by the Legislature of Prince Edward Island (Numbered (ill, in the records of this Ofiice), intituled “ An Act to anthorise the issue,_de “ novo, of—certain Writs under the Road Compensation “ Acts, in certain cases,” may be disallowod. . , I have to request that you will report to me your opi- ‘nion on this Memorial, and, in the meantime, Her Ma- . decision on the Act will be suspended.

Prince Edward Island. That previously to his purchas- ing the same, certain proceedings, had been taken fortlie purpose of assessing certain parts ofthe said Townships, ‘for an intended Road laid 03' by order of the Governor and Couiicil of the said Island, under the Act of 10 Geo. 4, Cap. 10.. ~That_the Road for which the alleged As- sessment was imposed was completed in the year 1842.

- ‘ SECOND :

“ An Act to authorize the issue, de novo, of certain “ Writs under the Road Compensation Acts, to certain

“ cases,” may be disallowed: And your Memoralist, as in duty bound, will ever pray, &c.

(Copy—No. 110.) Government House, Prince Edward Island,

, V October 24, 1843.

My Lord : . I have the honor to'ackpowledge the receipt Ofyour Lordship’s Despatch, No. 85, ofthe 3d instant, command- ing me to report my opinion upon the Memorial addres- sed to your Lordship by Mr. Samuel Cunard, praying that an Act passed by thelLegislature ofthis Islapd in thelast Session, and entituled “ An Act to authorize the issue, de

With regard to the Third paragraph, it is. perfectly true that a certain sum was offered by the Solicitor em- ployed by Mr. Cunard, in lieu of all further c,ompensa- tion. It was considerably less than the amoumimed under the Assessment. This offer the Gov 'ent of the Colony refused, however, solely upon the ground thatan acceptation of it would have rendered nugatory the award ofthe Jury appointed under the Act to assess the property, and this when that award seemed originally to have been sojust, that no appeal was entered against

of Mill , "er, on Township Number 5, and to terminate at a road" dadingrto "the; Portage, from Tignish to Neil Pond, and another Writ was' also issuedat the same time, and by the-same authority, and under precisely

Townshii$Number 1,35 commence on the north side

or sustain, by a new Road being made to run over Totvnshiperumb'er’é 7,.3, and 6, commencing at the division lines there lately established between Town- ships,NumbersZ.and.,8, and terminating at the Main Western Road, leading to Cascumpeque.

The Sheriff returned the Writs with Inquisitions and Verdicts, finding that each ofthe said Roads would be of advantage to the respective Proprietors over whose ‘lands they would run, and assessed the sum to be_pai.1 by'the Proprietors, under the first mentioned .ert, at £1,143 53. 0d. Currency, and the sum to he paid by the Proprietors, under the last mentioned Writ, at the sum of£523 93. 6d. Currency.

Road, which are completed solely at the expense of the Government, at the cost of£1664 143. 6d. currency, be- ing the total amount assessed against the Proprietors ; and here it is necessary to remark, that by the Act of the 4th Will. 4th. cap. 16, the Government is required to make the Roads and Bridges, on the lines of roads laid off under the Compensation Act, before the Pro- prietors can be called upon for the amount assessed against them, or before their lands can be taken to an- swer the sum assessed, if they make default in the pay-

peal against the finding of the Jury, as th.

This Act gives the Proprietors the sanctity 1 ad,

the first Writs issued, and under this right m injustice can-be worked. , ‘

w”. A

LAND. V _,

I“ l n 4 “M _ _ klOl_l_C)VV.A\"S. . H's Grace the Duke of Portlm capiualiilihfflfiléii’g ’l'ehantsJ whom His Grace nu '

All Diseases, (and whatever may be lheirsym, - - may declare themselves, yet_one cause is common to”)... ‘ ofpuritv in the bleed and fluids). are cured .bylthll W . 4', which dieanses the stomach and bowels, while its _ ~ the blood, give ton-canal energy to the nerves and mud“

system, and impart strength to boneand aim.

The Afflicted need not give himself up to hope; but let him make a propef Trial ofthe Mighty PM tonishing Medicine, and he Will soon be restored to > Health.

Time should not be lost in taking this remedy for any, Diseases :— , r

it

> . . . . » 4",, I have, 61.0. f 1,. W its under the Road Compensauon The Road Compensation Act of the 10 Geo. 4, cap. Madam Patient to the Propnetorqfthu extraordinary W j “J ,. STANLEY. nova, o cer am r , ‘ _ j 10, (under-which, and other Acts.in,am.endment thereof, ‘ “Mn Holloway w,” undemkem on??? 7 m “ ' (Signed) ANS, 1“ Gem‘ui cases,’ may be d‘sallmVe-d' the Writs’issued,) by the 3d section, gives to the Pro- cure is complfile, [will undertake to pay In! 1 a1 . Lieutenant Governor . Having given the Memorial of Mr. Cunard my best prietors 0,. Tenams of the so”, .Whonmay ' .. mink them“ shew him this pgprhed) SCOTT I a . Sir H. V. Huntley. attention, I have the honorto lay before your Lordship selves aggrieved by such verdict, a right to appeal Wclbeclt' Abbez,May 3h, 51:142.! H the mar “is “we I 3 Prince Edward Island. the following observations. [ do not suppose that it is against the same‘at the Term of the SupregneA our? (50,“, W Lefiszeéuffinsfir fixing! remand MK I: ‘ intended to attach an argumentative value to Ilvllle reprel- pox}: Tlfter the frpditp‘g; spdnifptfgqr jhliqirégg htasenopgi:r; H H (376er wgcbh [Signihim his hm“ {

. _ ' , . . , . . w , - emoria a ii ear 0 e l , , Elm, a mm, , _ ’ , I 1 ‘ 'Talhc Right Hommblelbords'r‘m“, Her Majmy’s Pmmpa: heldhad;:llv\islit:iiolillf. I23iliieaiids[Irieltl‘iiiii[gill]tligtlgzurcliase of iltoIie, tthCourt is authorised to direct an alias Writ to Thislne’stimam’e Medicine beingcompoml _,. _ ‘1 , Secretary qutatefor the Colonies, 5'6. 19c. Sic. . life ‘ property, it became a duty to himself to ascertain be issued, and a new Jury summoned, whose verdict is Harps, does no,agnlaygmiyxigpgaggggficxm .§ The Humble Memorial ofSamuel Cunard,of Halifax: what liabilities might be connected with it. If he or his to be final and conclusive. . _ . I 2321;310:23illeahznggéézgel‘dom the mpslfobustmm’“ , 4 T i f " shewclh‘ le "ll adVlser failed in lhlst surely the COlonial Govenl' The Propnelols Inlellested m the lands menuo'led m less in its operations and effects, while It searchesM' g) 3 so“ scans, respem u y mintshould not be held responsible. the said two Writs did not appeal from the finding of plain-m offlier character, and at every stage, timer, 1“ t r I FIRST 3 . . b ,he {Upon the second paragraphano observation appears Ite- the Jury, and in fact .1001, no notice whatever ofthe deg);3';::t;l.musands cured by its ,agmy’ I v V':

That "rule year 1829, your Memorialist_ ecame. , cessary, as the objection therein fallsunder the totegotng proceeding, and the local Government proceeded to make verge of me grave for a mnsmerable pemd' (by I V Purchaser of Townships— Numbers 3, 4, 5 and b, in remarks upon the first. the Roads and Bridges, 0n the contemplated lines of have been ,esmmd ,0 beam, and strengths/2‘, an?“ 1

' ' " ' I «r Debility Indigestion so a That at the time your Memorialist purchased the ,t, me“, thereof, Abue _ . - . ’ . A thmas Dro 3 Inflammation Eva, said Townships he had no notice of any such Assess- The argument in the Fourth paragraph, and indeed In the autumn of 1842, the Government demandgd Blslious comp‘aims Dysiznyl'ery Jaundice ‘ s l H . ’ Th . h W. t 1,0,. [84.2 throughout the Memorial, is founded upon the illegality, payment from the Proprietors of the sum assessed y Blowhes on ,he Erysi [as Live, oomph,” ‘ . merit havmg been made. at in t e in e . l ’ not of the principle, but of the method under which the the Jury, under the said two Writts, and notified them skin 7 I . Femae Irregulal-rioumbago ‘ . .‘V your Memorahst Washcalled “P0n {0" WWW or he property was assessed; and when the case was argued that in the event Of non-payment, measures would be ‘0‘“? 3”“5 Fevgls'esra“kinéfiheumafim 3w n . said Assessment, amounting in the whole, to_ about the before the Supreme Court, Mr. Cunard obtained a deci- taken to sell a proportion of the landS, t0 liqmdate the consiipaiion or gas Retention of the w .i . I , , . . . . . . - ' ' 1 . urine '7‘ sum of,0ne thousand Pounds. . Sion upon an irregularity in the process—it being shewn amount, in accordance With the pfOVlSlonS ofthe Act, 33:33pm“ “Shack sore Throw a

THIRD:

That your Memorialist, feeling himselfaggrieved, and being advisedthatthe Inquisitions and proceedings under which the said Money was claimed were wholly void, from defects and insufliciencies appearing on their face, caused a letter to be written by his Solicitor to the Co-

‘ lonial Secretary, making an ofl'er‘of a compromise ; I which your Memorialist did, not because be conceived he ought to pay anything, but with the desire of shew- ing that he had no wish to take captions objections, or gointo a Law-suit with the Government of the Colony.

' ' ept the offer of

caused proceedings to be instituted in the Supreme '%gurt of the Island, for the purpose of quashing the said ‘ oceedings, which were defended. by the Attorney Ge- neral, on behalf of the Government of the said Colony ; and. after a hearing of the causes, the said Inquisitions, and all proceedings thereon, were ordered to be quashed.

that the period allowed for assessing the propertygwas forty days from the date ofthe Writ. At the expiration ofthat period, the Writ was returnable. It, was also shewn by Mr. Cunard that the property was assessed after, and not during the forty days allowed for the ope- ration ofthe Writ, consequently no authority for assess- ing the property actually existed at the time the assess- ment took place. In other respects the law upon the subject appears to have been faithfully followed out.

It is hardly possible that any one could purchase pro- perty, repeatedly visit it, make himself intimately ac- quainted with it, and yet be ignorant ofthe important fact, that Roads and Bridges wure being {constructed upon it, for the payment of which that very property

would be assessed. Nevertheless, it u Ivuulu Justiiy r

B

the law already brought under your Lordship’s notice.

The whole case, I beg, my Lord, to submit, resolves itself into a question of equity. The assessment was made, and in accordance with the’law, excepting that the assessment took place after, instead Ofduring the forty days mentioned before. No injury whatever was in- flicted by this error upon the owners of the property; .but

cannot be uroed tfirnr

and they then, for thefirst time,. started objections to the proceedings, and made an application to the Supreme Court, by their agent, to quash the Writs, and all pro- ceedings under them, for irregularity, and after argument the Court quashed the proceedings on the ground of ir- regularity iii the notice given by the Sheriff, without any formal decision on several other points taken, as to the form ofthe Writs, and wording of the Inquisitions, and returns thereunder. .

Under these circumstances the Legislature has deem- ed it only fair and equitable that the Proprietors in question, whose waste lands have been rendered infi- nitely more valuable, from the expenditure o'fthe public money in the completion of these Roads and Brid es should contribute accordin to the true, purvrew an mam-rig, - _ ompensa imTZIcts, towards the expense oftheir formation and erection, conceiving that it would be unjust to the Government, ifthey, after ly- ing. by for upwards qffour years, no! appealing, as they might have done, against the-finding ofthe Juries, or coming in with their application to have them quashed before the Government proceeded to expend the sum of £1666 14s. 6d. on their lands, and by that expenditure

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[13" Sold wholesale and retail by GEORGE T. H for Prince Edward Island.

:- A n x 2'11 ' s PURGATIVE AND STOMACHIC VEGETA

“ He that wants Health want: every

H E'SEMédicin'es' art‘emireiy-V I

found upon trial to be the mildest, and at I“ ‘ i x

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humanity. ,' iN ALL DISEASES they will befound to alla =

Fever and Inflammation—cleanse the Stomach an '

Digestion—purify the Bloorl-—-restore tone to the and impart renewed energy to the whole Constitution.

In thefollowing Diseases they have proved ofthe _ j

. h d b I I _ h _ Fevers ofcvery character; Inflaminations; Costive ' 3 FOURTH: ll a e?“ relltffire‘dlml’ (1”)?ch morebl’aluable fl’)’ lhe rendering that valuable which previously was next to giver ComplainrlsglCfilsumplioyls 135"?!“ “ys‘_ , . . . . construction 0 on s an m (res a out it. ‘hese I s ' ' Cle'minaliono 0° tothe ea ' “1809008 *“ 1 Your Memorialist further shows to your Lordship, that {acts are “0, combined in me Manor,“ Indeed [he valudesb, ShOUld now be permitted to escape in conse. Diseased Johns, Nervous Disgrders; ’"ysmfi"; F - at the past Session of the Legislature, an Act has been ' ’ y quence of error in mere technicalities from a contribu- of every kind; Impure state of the tBlood; Worms}.

passed (but not to take effect until Her Majesty’s plea- sure be known), authorizing new Writs to be issued, for the‘purpose of assessmg the said property of your Memorialist again for the said Road, which cannot be done by’any Law ofthe Colony now in existence. C Your Memorialist submits it would be improper to make an on: ‘post farto Law, for the mere purpose of charging the property of an individual, and tnore ex- pressly as, in the present case, the Government, after an offer of compromise, have chosen to place their right on the event ofa'Trial in a Court of Law. If, after a deci- sion there, against it,va Statute could be passed, in effect reversing the decision ofthe Court, it is manifest that, though the Law might be open to an individual, it would be useless to attempt to avail himself of it, for protecting - his property against such claims. Your Memorialist most humbly submits that the right of the Government ofPrince Edward Islam] to the Money claimed in the present instance should stand or fall by the Law in exis- tence at the time the suits were tried, and should not be aided by the effect of a subsequent Statute. Your‘Memorialist further sheWs, that even if, in case

' O _ London.

' . mg in fact that valuable which was ’ l '

. i - ( uestlon m order to su) I _ ' I , , _ , , . ' prewous y (as The New Loan Fund Life Insurance 00-, such an Act could be made, your Memorialist haVing hiedime’reference to thelniy Your LerSI’IP With a" "’1 shewn by their neglect ofit), not . worth looking after, New York‘ '

purchased without notice ofthe claim, it~would be most unjust, after he has got rid ofthe claim by resorting to a Court of Justice, to pass a Statute imposing it upon him again, because, had the Inquisitions been valid, and the claim made by the Government under them, therefore, well-founded, your Memorialist might have recourse to his Vendor or his Covenant, that the “ Estate was free fromincumbrances ;” whereas, if the present.Act shall receive Her Majesty’s assent, your Memorialist will be without remedy, inasmuch as it would be a good plea

are not named; and the latter appears to be virtually proved by the sale ofthe same property in 1842, for £25,000 sterling, whereas in 1839, before the com le-

lor £9600 sterling. '

I do not think it’equitable to consider the Act before your Lordship in the character of an at postfacto law; because in reality it only seeks to rectify an error, and if allowed to go into operation, the assessment would pro- ceed exactly as it did before, only that it would be made during the existence ofthe Writ, and not, as before, after it had expired. _

Therefore, my Lord, as no injury has been inflicted upon the parties asseSscd by the commission of the error, as the property oftliose. parties has been greatly improv- ed by the Colonial Government, iii laying out so much money upon it, as the assessment could not be leoally demanded before the Roads and Bridges were finished ; and as the claim to exemption from payment ofthe as- sessment can be fotinded upon no other case than a mere technical error, I think that the allowance of the Act in question is called for in equity.

1 have, &c. (Signed) H. V. HUNTLEY. Lietit. Governor.

P. S.—I have also enclosed a Copy of the reasons

given by the Attorney General for passing the Act in

Tire ATTORNEY GENERAL’S REASONS FOR PASSING ACT NO. 23.

No. XXX.—“ An Act to authorise the issue, de novo, of

certain Writs. under the Road Compensation Acts, in

certain cases.”

This Act authorises the issue of Writs, de novo, under the Road Compensation Act, in certain cases, where Writs and proceedings‘unu‘er them, after a great lapse oftinie, and after a large outlay of the ptiblic money under them, have been quashed for irregularity, and declares that all proceedings under the Writs to be

tion of the Roads and Bridges, it was sold to Mr. Cunard

tion which the laws declare just, and which the peculiar local circumstances of this Colony loudly proclaim as politic and proper.

It is contended by the Proprietors that they are enti- tled to consideration, because they say (altliouuh no, proofhas been given of the fact), they were absenot, and not represented in the Colony at the period when the Writs were issued and executed. If this be true, it is certain, nevertheless,'that they were represented within the Colony long before the expenditure of the public money on the Roads in question; it' is, however, concei- ved that their absenca and non-representation furnish no good ground for any objection to this Act; the para- mount evil complained of in this Island, from its eai'liest settlement as a British Colony, until the present day, is the improvident Grants of tracts of land, of 20,000 acres each, to absentee Proprietors, and ifsucli Proprie-‘ tors, up to this late period, can, by continued absence and such utter neglect as not even to authorize ail Agent of'any description to represent them in the Co- Iony, take‘ advantage of their own carelessness and neo- lect of the public duty, which the ownership of such inci- mense tracts of waste lands imposes upon them, and thereby reap positive benefit by the increased value of their lands, from the expenditure of the public Revenue of the Colony, to the extent above mentioned, and render-

as in'the present instance, the evil complained of will be infinitely aggravated. As a proofofthe increased value ofa portion of these lands, viz: Townships Numbers 4, 5, and 6, it is a matter of fact, that in thg year 1839 before the expenditure ofthe public money upon the; Roads and Bridges, ’they were purchased for the sum of£9600 sterling,_ and subsequently, in the year 1842 after the Roads and Bridges were made, agreed to bd resold for the sum of £25,000 sterling, affordinu a profit of the sum of£l5,400 sterling; this gain no doaubt aris- ing in a very great degree from the expenditure ofthe public money in making the Roads and Bridges in

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