ill. Established 1823. hSZ.taIii’S ‘*‘tr~ to’ . r ..p.-. -.... -.. .....-- ...u-.- -s is-v ~- mamas” account... Add dgmmdhélillihli Ahhmhlhdh. Charlottetown, Prince Edward Island, Saturday, May 28, 1853. New Series. No. 37. Hanna:-d's Gazette. GEORGE 1‘. IIASZUID. Proprietor and Publisher. ' edssead and Beturtlay mornings. I every W ay Otfit-.e,8otitli side Queen _ iI’- 3- ‘CHIN!- Tniiiis—Antiiml Subscription, lbs. Discount flit’ cult in advance. 1' all or abvxttriiiiso. _ For the firet insertion, occnp ing the space of 4 lmeli iiiclndiiigliced, fi. lines, .—9 lines, 3l..—I'lllIeI, &. Cd.—l3 livid, b.—N linen, do inn, he.- Is. IL-86 incs,8a.—arid 2d. for each additional ourtli of the above for each can 'ntnistee._ Advertisements sent without limitation, will be continued til forbid. urtcu: 1-ois’s CABIN. ('IIAl'.XXVlIl. -Rcuuiou—-Change of Cll8l‘IClbf—-YBHPIIIIIE for cep- Freedoin——'I‘he loss of Eva—'l‘opsy’a sakes-—Now is the Time--A Fiction of law —“ The least of those my Brctbren"—-“ Dies Irm"—Questiou of Euiauci tiou—Thouglits of a Dead Mother—Suddeu cath. Waits after week glidad.away in St. Clare, man- sion. and the waves of life sett back to their usual flow where that little bark had gone down. For how im rioualy, how coolly in disregard of all one’s fee ing. does the hard, cold, unintersting course of daily realities move on! till must we eat. and drink,-and sleep and wake again--etlll . bargain, buy, sell, salt and answer questione- ursue, in short, a thousand shadows. though all nit-rest in them be over; the cold, mcchsniea habit of tiviiig remaining, after all vital interest in it has fled. All the interests and h of St. Clara's life tl unconceciusly wound t emeelvea around this child. It was for Eva that he had managed his property ; it was for Eva that he had planned the disposal of his time, and, to do this and that for Eve ---to buy, improve, allerand arrange, or dispose something for her—had been so long his habit, that, now she was gone, there seemed nothing to he thought of, and nothing to he done. True, there was another life-—a life whicli,once believed in. stands as a solemn, significant figure before the otherwise unmeaniiig ciphers of time, changing them to orders of mysterious, untold value St. Clare knew this well, and often, in many a weary hour, be hand that slender, ild- isli voice calling him to the skies, and the ' ' to him the way pf life : but a little hand poiuii heavy lethargy o sorrow lay on turn can not arise. had one of these natures wliich could better and more clearly conceive of velkions things from its own perceptions and instincts, than tpany a matterof-first and practical Christian. ' tie gift to appreciate and the sense to feel the a careless disregard of them. Byron, Goethe, often speak mess w descriptve or the true relgiotis sentlnient, another man wlione whole life is g by it. In sucti minds, disregard of seligien is s more fearful lI'easun—-a more deadly ain- St. Clare lied never retendad to govern him- self by any religious obligation‘, and a certain fitness of nature gave him such an instinctive view of the extent of the requirements of Christianity, that he shrank, by anticipation, lroinxltiet he felt would be the exactitms of hie own conscience. ' he once did resolve to assume or. so in- consistent is human nature, especially is tbeidnsl, that not to undertake a thing at all seems better than to undertake and came dart. 7 thus Still St. Clare was in many rcepacb another man. He read hia- little Eva's Bible serious] and honest! he rly and practically df his rah s enough to make him extremely diseaflsfied with both his It and t course; and one thing he d d. soon a r his return to New Or- leans, and that was to commence the lcgl steps neccsmry to ‘I'om's emanci ticii, which was to be fooled as soon as he could get through the ncce_sser formalitcs. Meantime, he at- to Tom more and more, every day. In all the wide world, there was nothing to ram him so much of Eve: and he would insist an keeping hhn constantly about him, and, fastidious and unappruachnhlc as he was with re d towhii‘otIi.isepcr fee ' he had commenced the lcpl formeli Gnffsnchlmmcnt, “I'm going to make a free ‘"59 07 0“: so, have your trunk packed,aud . y to set: out for Kentuck.” no tnwnuiifht of joy that shone in 1‘om’e faoeas rai his handatclisevent biscui- &l1“l° “Bless the lord . flier -Olsr-(I-s_ did not like it Iint'I‘cm 5-, hub to , tit... 'Y°“h"‘* eechvcryhedtiinealicre, such a rapture, Ion,” he v"i’t..l‘?."§'i.5.i‘i-".'.‘;.""’~‘T.‘.‘.'-3 W - , Tom, don’ you fifcug gm, r . »"°§."'oi“.'.."'-“.'l.ii°r..“:,°,{;.' "No, tndiociu ’ bee and “ news all t, 'r 39.1.5: mna’a-‘s been too good: but mas'r, |’d rnliar have 9 plothtw. poor house, poor everything, and vs em pints than have the beat, and have ‘em any :an's‘p'lse! I had so, inae’r: I think it's uatur, II I. pose as. Ten; and you‘ rathcan 9‘ or .0 wlq yoti 'l'°'1l. .'l. he kecws,”'g: said, to e gceyertoitet instdngumhsbcgnascwelk at g‘ i ' ‘ ~ 1': ii;';'.":lt"ttt"7'..'i5'."d'_‘i.".°. .. “I aha bhItt sbehgcin cl‘ ” mid ‘Rom.’ wnnbmel -30* q ’.n, . st 0 tlotatuis pmidfit, “ And you really mean to eta . by till that day comes 1" said St. Clnrc,halfami ing aslio turned from the window, and laid his hand on Tom's shoulder. “ Ah, Tom, you soft, silly boy !_I won't keep you till that day. Go home to,your wife and children, and give my love all. " " I’s faith to bolcive that day will come, said Tom, earnestly, and with tears in his eyes: “ the Lord has a work for ma r.” “ A work, eh!” said St. Clare: “ well, now Torn, give me your views on what sort of a work it is ; let's hear." . “ Why, even a ‘poor fellow like me has a work from the Lor ; and Masjr St. Clare, that has larnin’, and riches, and friends, how much he might do for the Lord !” “ Tom, you seem think the lord needs a great deal done for him,” said St. Clare, sruilin . _ “ WI: does for the Lord when we does for his critturs," said Tom. “Good theology, Tom; better than Dr. B. reaches, I dare swear," sai re. The conversation was here interrupted by the announcement of some visitors. illarie St. Clare felt the loss of Eva as deeply as she could feel anything; and as she was a woman that had it great faculty of m_aking every- bod unlinp y when she was, her imediate nt- tcn nts had still stronger reason to regret the loss of their oung mistress, whose winning ways and gout: e intercessions had so oftcn been ti shield to them from tyrannical and selfish emotions of her mother. Poor old Mamm , in particular, whose heart, severed from . natural domestic tics, had consoled itself with this one beautiful being, was almost heart- She cried do and ni ht, and was, from excess of sorrow, ess skil til and alert in her ministrtitions on her mistress than usual, which drew down it constant storm of invectives on her defenceles head. ' ‘ Miss Ophelia felt the loss; but, in her good and honest heart, it bore fruit unto everlaatiri . She was more softened, more title ; an life though with a c stoned and quiet air, as one who communcd with her own cart not in vain. She was more diligent in teaching Topsy-— taught her mainly from the Bible —did not any longer shrink from her touch, or manifest an ill-re reused disgust, because she tblt none. She cwed her now tlirou h the softened me- dium that Eva's hand had t held before her eyes, and saw in her only an immortal creature, whom 6 son he led by hertcglor and virtue. To did not become at once a saint; but the list’: and death of Eva did work a marked change in her. The callous indi&r- once was gone; there was now sensibility. hope, desire, and the striving for -e strife irregular, interrupted, suspend oft, but yet renewed again. One day, when Topsy had been sent for by Miss Ophelia, she came, hastily thrusting some- in into her bosom. “ hat are you doing there, ypu limb! You’ve been stealin scmcthing,I‘ll bound,” said the im riousglittle Rosa, who had been sent to call or, seizing her. at the same time, rou bly by the arm. ually aeaiduons in every uty, it was “ on ‘long. Miss Ross!" said Topsy, pulling rom her; “ 'tan‘t none 0’ your usineas"’ “ None 0' your sa’cc !" said Rosa. “ I saw an hiding soinet.hing—I know yer tricks ;" and so seized her arm, and tried to force her hand into her bosom, while Topsy, enraged, kicked and fought valieutl for what she cou- sidcred her rig ts. The c amour and confu- sion of the bottle drew Miss Ophelia and St. 0lare.both to the spot. “ She's been nice ing"said Rosa. “I han't iieitlier !’ vocifereted Topsy, sob- bing with passion. “ Give me that, whatever it is!" said Miss Oplhclia, firmly. opsy hesitated; but, on a second order, pulled out of her bosom a little parcel done up in the foot of one of her own old stockin . Miss O hclin turned it out. There was a small boo , which had been given to Topsy by Eva, containing a single verse of Son ture, arranged for ever da in a year. an in a paper the curl o be r that she had given her on that memorable day when she had mkcn her last firewall. St. Clare was a good deal ahbctetl at the sight of it; the little book had been rolled in a lon stri of black crepe, torn from the fnuera s. " What did on wre tits’: round the book for!" mid St. are, hol u the era . " Csuse—cause ‘twee Miss va. 0 , don't take ‘am away please !" she said: and sitting Int down on door, and putting her apron over her head. she to sob vehement! . It was a curious mixture of the thetio and the ltidici-ous—-the little old atoc in black erape—-esxt»book—fiir, soft curl-—an 'l‘opsy’s utter distress. St. Clare smiled; but there were tears in his eyes. as he sai ,- “ Come, conic-don't cry; you shall have them !” a , thing them ther, he threw them into her a , and drew iss Ophelia with you can make somethiii Hist concern," he said, pointing with hi; tbu backward over his shoulder. "Alli the t a J01'l“0|D in cape le ofgood. You must i and do something with her.’ kid has improved greatly," mid Kiss Ophelia. "I hvmt hopes of her; but Alloetlnn," sh ' , laying her hand on hie arm “one thlngl want totisk; whose isfils child to hell--pong’: mine t” id it why. .” “ '1) “ an“... 1.-‘Bntnoew ;I':ant hertobemiaie If “ . Elaliew ! " mid Augnsdna. “ What will the Abolition . Iainkt Th ‘ll have a thy of betting :ppel hi his lmzdidlng, if you become a ve-heldm !” “ Oh, nonsense! I wue ‘her due, the zayhavearightmmkehu tethehecstatcs, tics ltlisrty, thatelllamuyhgtsa. " h, cousin, what an awtlal ' nsltfia _pel naymnc l‘ I caii’teacciirags of ‘mb t “ I don't want you to joke, hit to reason," said Miss O helia, “There is no use in my trying to ma c this child a chritiau child un- lessl save her from all chances and reverses of slavery; and, if you really are willing I should have her, I want you to give me a dced ofgift, or some legal r." “ Well, well," stiidPaS?Clere, “ I will ;” and e sat down, and unfolded ti newspaper to read. “ But want it done now, ' said Miss Oph iii. “ What’s your hurry!” “ Beuuse now is the only time there ever in to do a thing in,” said Miss 0 hello. “ Come, now, here's a paper, pen, an ink; just write r t. Clare. like most men of his class of mind, cordiall ted the nt tense 0 action, net-al y; and there ore lie was considerably anno ed by Miss O helia's downri htness. “ hy, what’s t matter !" sai be ; “can’t ypu take my word? One would think you k'en lessons of the Jews, coming at a fellow so .7! “I want to make sure of it," said Miss Ophelia. “ You ma die, or fail, and then Tops be hustled o to auction, spite ofsll I can do.” “ Really, you are uite provident. Well, seeing I'm. in the hands of a Yankee, there is nothing for it but to concede :" and St are rapidly wrote on’ a deed ofgift, which, as he was well versed in the forms of law, he could easily dc,nnd si ed his name to itin sprawling capitals, oonclu lug by a tremendous flourish. ‘ There, isn't that black and white, now, Miss Vermont?” he said, as be handed it to her. “ Good boy," said Miss Ophelia, smiling. “ But must it not be witnessed P‘ “ Oh, bother!— es. Here." he said.cpcn- ing the door into i\ at-ie‘s apartment. “ Marie, cousin wants your autograph; just put your name down here.” “ What's this l" said Marie, it! she ran over the paper. “ Ridiculous! I thought cousin was too pious for such horrid things,” she ed- ded, as she carclesel wrote her name; “ but if she has a fancy or that article, I'm sure she's welcome.” _“ There, now, she's yours, body and soul," said St. Clare, handing the paper. “ No more mine now than she was before," said Miss Ophelia. “ Nobod but God has a right ’tc give her to me; but can protect her now.‘ “ Well, she's yours by a fiction of law, then,” said St. Clare, its turn back into the par- lour, and sat down to his pa r. M phelin, who set out sat much in Marie's comgny, followed him into the par- lour, haviu st carefully laid away tbe.pIapar. " Angus no," she said, suddenly, as e at knitting, “ have you ever made any ‘provision for your servants, in case ofyour den !“ “ No," said St. Clare, as he read on. “ Then all our indulgence to them may prove a great cruelt , by-and-by.” St. Clare had ofén thought the mine thing himself; but he answered negligently-— b “’ ‘Well, I mean to make a provision, by-end- “ When !” said Miss Ophelia. “ Oh, one of these dt:fvs’." “ What if you shoul die tlrstl” h" Coupiu, Vigil’! the matte‘; ?‘l’sakigSl:. Cllalrc, ng own is r, an co at or. “go you think Ipanlidw symptoms Ef yellow fever or cholera, that you are making post- mortem arrangemsuts with such seal 1" “ ‘ In the midst of life we are in death,’ ” said Miss Ophelia. , ‘ St. Clare rose up, and laying the paper down, carelessly we ked to the door that stood open on the vertindah, to put an end to a con- versation that was not a cable to im. Me- chanically he re ated t 0 last word again- Jentlt.’ nd, as e leaned against the railings and watched the sparklin water as it rose and fell in the fountain, an , as in a dim and dim base, saw the flowers and trees and vases of I: e courts, 'be repeated again the mystic word, so common in every mouth, yet ofsucli fearhil pcwer—“ Du-rii." “ S ii there should be such a‘ word," he sai , “ and such a thing, and we ever forget it; that one should be living, warm and beautiful, full of hopes, desires, and wants, one day, and the next be gone, utterly gone, and for ever !" WLOIILL LBGIILLTVBI llcusn or Assnsnnr, Saturday, April 0, I858. XIII. DLBIAOIU IETITIOI. House in Committee on the Report of the ial Committee appointed to report on the tltion of Neil Darrecli—-Hon. Mr. Jar-dine in a Chair. Hon. Mr. Patina. There is nothing in the whole matter, even taking it an it appears in the Re to a Select Committee, which calls for legislative interference. It is nothing man it... disputed account between a tan and one of hi tenants. The sum and substance of the Report is no more than tbata larger amount of arrears of Rest, than was due, was claimed: and that the two actions were brought against the Pati- ticner when one would have been selciantz and that the Daft-udant‘a Attorney, through seine er- ror, allowed judgment to he recorded In more than was due to the Plaintifs. Therein nothing in all this which calls for any interference on the part of the Legislature; sooner-we arrive at this conclusion the move. I thiulr. it will be for our credit; tIltIt‘lI, indeed, we mean to lay it down tor a rule, isr all cases like tliis,that they shall be brought before tie. and that we will ap- point a Special mittee to examine lets them, said report thereon tothe House; which apn, t ey might do, after having devoted weeks to the v ' a etc which they had been led by them: and the further examination or which, waaid, pvebably, engage the House is Cetugittas at the whole, for as ‘long, if not a still Isagsr ed, to the retarding of the pregsess of the proper business ef the Session; fer, depend ttpen l‘t‘.t’here Jfllf be no dearth cases: an lpecill was be pwptsxsdsadwsavlsdattytssir y.” ills. It is cnl an ordinary and his atidlord: and i , otherwise. the tenant has been more than he owed, the Courts of law are open to him? and, if his case be fairly brought forward therein he will obtain redress. Even if the Pett- ticner's Attorney had, by some miauiana smell of his case, or through some nettlsct of is}!!- terests. closed the rlcorsgainat his obtaining _)its_- tice. in the usual way, in the ,Suprctm_ Cull". It would not be consistent with the functions of the Assembly for them to constitute themselves I Court for the purpose of trying the Micros!- The Attorneys, practising in any Court of Law. are Olllccrs of that Court ; and, in case of_any deb rclictlon of duty, or improper conduct in their legal cspsclt therein, they are amenable l0.tlte Court, wlitcli can deal with thetltnfit discretion. and eflbctually punish them for their inisccitdiict. We cannot, consistently withgn due regard toour functions as a legislative body. even catcr_ into the case so far as to determine, by the established rules of evidence, whether the Plaintifih obtained a judgment for more than was due to them, or not. But suppose we are called upon to express our epinioo, and that we declare that the Petition- er waa committed to riscn for more than he owed. What their! an we set ourselves up as a judicial tri , and reverse the yudg- merit, obtained by lepl process, in the Sn cine Court! 0:-, if havingsc deter ' , wi res- pect tc the ' dgment obtained against the Pe- titioner and is subsequent imprisonment, shall we agree to pay to him whatever we may think was unjustly exacted fl-om him, or, ln some way, provide for his being refunded to that amount 1 And. in the event of our coming to such it deter- mination, will we, I ask, he further prepared to cclarc it to be our determination to take is every similar case which may be brought before us,and to deal with itin the same way! If we shall ine, we must be impartial ; and such redress as we are prepared to extend to an ill-used tsnnnt, we must be ready to concede to landlord. If so, than than ls dispute between I W|‘|"'" f throu h mistake or called upon to pay be quiseaa freqpeat as those of to an it may be nothing at all unusual for a landlord to come before us b’ Petition, and, in efiiitl, to xydto us_: d“ I am ‘te‘q‘ant,ftt an ippery o in , vi’ 0, or :3:-at yyears, baecheated glue out of the rents justly due to me. I lmve used Hm in the Sn- reme Court; but, owing to some defect or topp- le in the law, sortie mismanagement on a part of my Attorne , or some superior info- nuity on the part of t e op sing Counsel, si cd by a schemer of a client, Iohcve been defeated, and a verdict, in defiance of justice, has been van in hveur of my fraudulent tenant. The me Ceurt being now closed against me in cnse,l ltoyoti;aiid,asyouhs»vcriot onlly dela , but actuall manifested, your wi ingiicas to take u and iuves ' to all cases, in which the ends 0 law and juhltfie have been deflated in the Inw Courts, with a view to the ' redress oftlie wroiighnshiried b the aggrieved party, I confidently ook to you or a reversal of the verdict by which I have been defrauded of in Rents, in this case.” Now, I will suppose a etihion to this efoctto have been presented to, and received by, the House. What will fol- low! hon. member who presented it will first himself in dirt bound to move for the tip- pcintinerit of a t Committee to re thereon ; and die House, under a similar 0 ll- gaticn, will cause niselves tinge to grant it. Thus, this sin a Petition wi be a week's work at least for House; and, after they shall have duly inventi ted, as far as cir- cumstances wi permit, allpthe circumstances of the case, and, rhaps, have arrived at the conclusion that t c landlord had it shame- fully tricked and defrauded by his tenant, and his interests sees’ his ttorney,b what means I should like to cw, will they ave it in their power to redress wrong .—for, if the cannot redress it, their inquiries will have all n in vain ; and their own inabilit to af- ford n. rein y, as manifested by themselves, will not fail to make them appear ver ridicu- lous. Will they, I ask, as I asked be , with res the present case, pay the landlord, out of the public urse, the amount of Route of {hick he was de uded! Will tlhey compel is Home to, it, ssapenat im sod u u him [or uepgldct or abaiidoiimgat critic c cnt‘s interests? or will they visit his derelic- tion of his lap! duty, in the matter, upon the d of the Attorney in some other "way! Or, ‘I «- ‘:7’ 3 E: 9. and to diracta re-hearing of the whole case! If the House cannot now answer uestions in a manner satisfactory to themselves-—nnd am vcr sure the cannot—how can they avoid being nslble the absurdltfof the proceed- ings in which theyai-e now on t If we p we intexpect that l wnanta who may, hereafter, sued for Rent will appeal to this House for grotsction, fleeing to it as to a city of refuge. inc hon. member rhapa be disposed to answer me by sayingmaiiiailtiuch a pposition is ex vagaiit - for none but cases of extreme hardship, and fdr which no redress could be had In the usual way, would so on go the sympathies of the House, as to induce t in so-devole all time to their investigation. But I would p , that we could not determine an to the reel merits ofsry case,eaoc t by due lnvastiptioii of it: an that, should wa re se, rwhstnvsr reasons. to entertain any Petition of each a tntcre, without us an. quiry ceneern the particulars est’ Mth in it. we would be, aeoncs,artd with mnahrmseu too, of so in a very partial manner, and tits ingo vestchesudul scedinpai- mill! cases. Iftwe now is iii this gas, con ucncc, venture’ ct,willbetIiat at lQlI.:te hundred cast? a similar nature rs ‘N’l!tou hp‘ before the Assembly; n|l'o will! it will a slit they are bound (I it ;an otherwiu, they will“ not a e to h. b whether the per cs ap to t in are entitled to tlmlr pt.nun£et'_ Is not ttiis osastdasatltin 0-! will, ina few ""i ii: trace our steps in this matter; and. even although it might be attended with some sense of humiliation cause us honestly to confess now, as I think, said enough, I will so words with resqect to the merits of itself. I have read over the Report very. 0030- fully. It states that the flaw Attorney of the Plaintifii made an_ vit to the sum of £34 and u wards bcing due under 0 covenant of the lease, whilst the punt of id 13! cnl was due the Plaanttfi. _ Lp_0l1 looking at the Afiidavit, and comparing it with the Lease, it is evident enough that the AE- davit. is incorrect; but, as it contains the the date ofthe Lease, and alscstutrs the yearly rent, by a aintple calculation, it in, at once ascer- tained that the amount of arrears of Bees under a Lease cannot be as stated in the_AIdsvit, which, therefore, in a manner, corrects itself ; ‘Ind maltss it plain that the debt could not have arisen under the lance. But an error in an Afidnvil er Declaration is nothing new in a Court of Law. An error in the Declaration would, It is tree. upset the action; but in the Aflidsvit, which is made only for the purpose of holding the debtor to had, the error might discharge the bail, but, otherwise it is of no consequence whatever, ause it could in no way affect the amount sued for in the decla- rnirin, or for which a verdict might be given. Ind jiitlomrani r.-nit-red tip. The atfidavit is no evi- ilo-iitsv ufthe tlnlit. On the day cftrial, it is not even ltsciksyd in in the Court. It would, therefore. be quite aha-iirrt to sat that a greater sum than was owed was set forth as due by the Afldavit, for tire purpose of ntitsining a judgment for more than t:.iii. could he jlllllt claimed. In fact um amt-uni stated in the Aflidsvit sometimes bears so little on the trial arid the verdict, that not one in vtliing is recovered on it. F or instance, I once, when acting for a gentleman, a mebar of this House, stated in the Afidavit that the sum of £60 was due to him, but the result of the issue was a verdict of £700 against him. ith respect to the error in the Atlidavit now in question, I asked the agent of Captain Cumberland how it had origina- t , an be chewed me the account in question, in Captain ,Cnmberland’s Rent Book, is Captain Cumberland'n own hand writin , in which the amount of arrears of Kent its to be £64, the 5 hair: very much like a 3; which resemblance no doubt led to the Agent's misstatiag the amount, in his Alidavit, at £34. Now it has been said b some hon. members that the lease is a proof t there were no arrears at the time it was given; and that the receipts which have exhibited on the part of the Petitioner are a further corroboration of that fact. I I say that they who er ue in that way, seemingly, know but very litfic of the nature of nionemry obligations and of the we ' g them. or their information, therefore, I beg to state that ifa man, as my tenant, owe me sent for sixteen or seventeen years back, ve him it Lease, saying nothing ,at the time, a ut any. anterior Rents no to me, I shall not be de- barred from the recovery of those arrears, on account of my having given the Ideas and unit- ted to say anything about the arrears or to take an acknowledgment of them, but shall be in exactly the same sition, with rcnpeetto , as that in whic I stood before the gran- ting of the Lease: that is my action lbr their recovery will lie, except in so far as it may be restricted b the Statute of Limitations, the operation 0 which Statute will limit me to arrears for six years only. Now, by the evidence of the Receipts, it is not made to appear at what time the arrears on account of which they have been ‘vet; commenced. nanny Receipts ; but not one of them is a Rcciptin fu . Scmehomniemrsn rtorclyu tithe Receipt of 1842, as a rding them suflcient ounds on which to rest their view of the case; ut that Receipt, which is merely‘: receipt " for one year’s Rent and a part of t year's ” is notaReceipt in full, and, at most, we (I be only prima fade evidence. Well then, since the ipts are so inconclusive, what is there in them, or in any other facts which the labors of the Special Committee have bro ht ight, to prevent the Iamdlord from cxcrcisin is right to recover the arrears due to him! W y nothing at all. The various payments made to him, by the tenant, on account of Root, after the Lease wasgiven,lie (tho Landlord) had a perfect right to place to the credit of the anterior arrears, or to that of the Rents accruing under the just as be pleased. As, for instance. letitbesuppoeed at a man stands indebted to me, on different ac- counts: ilret, any on a load, next on account ofn Book Debt, and, iii the third place, on a Protnimery Note; and that he comes forward to make a pay- ment to me on account ofwliat some he is in- debted to inc. With respect in these several debts, the debt or-—tIitlees he give special direc- tione at the time of psyment—-will not have a right to insist afterwards that the payment which he made shall be placed to the credit of one ac- count, in preference to that of either ef the others; but it will altogether rest with main place it to .the credit of any one of them, as may appear to lie to be most likely to serve and protect my own. interests, as depending upon those debts severally eonaidcredi and I will, therefore, give my lla- t-eipts as for a payment on account ofany one of there, at my own chutes. Just so with respect to Capt. Cumberland and his tenant, Neil Dsrrach: in Capt. Carnbsrlantrs Rent Book this was a statsrnrnt of arrears ofilent. due to trim to , par. raeh at the tin=“t.hs lease was great: I; and consequently, w any payiass - as not g¢nl:','nieve an;Irwaids'mede b‘y ‘.0 C at readh .aperect' INMWOM either to the credit of the did cftlie Rents earuiii .‘.'l°.i"""""i." ' ..t.,.i ‘...i,i....i is right, s can it, s ymenh on account or’ Rent, made after the uni’ of the I.aasc,tethecrarliteftlieeld m. be ‘ ' to the Receipts, instead ef proving I) contrary, or even of sense: ground. for a mirage position. teed. in mysgaiee, 009.“ .@i'0;‘l05 sca- . -J0 _ - a aptla apteanyqeifi ,“'I 9'5‘