. tuipr-stance, not only iii the eyaao ll‘-lt‘3.SZ=‘-‘:l.F3.7~ll”5‘> l.’3:‘l%'74E'll‘"ll°ll3e —’*’-~ —--——--—:_. _. V _._. ...__..’..'_.. TUESDAY. MAY 11. 1852. ELI-IC’l‘ItIC 'l‘I".I.I‘l(iIlAI’II.r—CUUN'I‘Y MEI".'l'ING. Agri-eabl to a requisition addicted to the Sheriff of Queen's County, I’ rge iiodliiflueritial .\Iootia of the Inhabitants of Cher. Iotlctowii, and of tliedliiuiity wits ori ay last, in the Court House, to take into consideration the highly important subject ofthe eutublislitiient ofs 'l‘elc-graipbio line to connect Newfoundland with the Amt-riraii (.‘outitiv.-tit, through this Iala The Sheriff" ltaviiig read the requisition, and the notice convening the .\lt-itiiig-— Ilis liacellency Sir Alexander Bttauernian, the Lieutenant Go- vernor, was called to the Chair, and hric-flv, but luciilly, stated the olject of the tiit-etiiig. and tlte vast importiam-e of the contemplated uialeriiilvia . in its bearing on the irntticdiate interests and future ileatlnies o the Island, if happily this Colony should be included in the line of the 'l'e|o-graphic coiiiuiuiiiciitioii connecting the American ootitiiierit with Newfoundland, and the latter, by ocean uteamura with I-'.uropo ; and be entertained no doubt, thtit when the different resolutions iibout to be offered, should be proposed for their accep- tance, they would meet with that ready support which the irnpor- titnce of lllll querttitttt involved in them, merited from the meeting. lllr. John llI'Neill was requested to act as Secretary. The llonblie. Attorney General first addressed the Chair. and ri.-iid .'I letter from I‘. .\. tiisborne, Esq., Agent for the Newfourtd land Eli-ctric '1‘-slagraph Company .tng--tho.-r with the following extracts ruin the minutes of the Executive Council : IrlIU’l'INAN‘l‘ Govunrroa’s Orricu, 30th April, I85 . The Ilonorable the A11-outvutr Gctrcnrii. laid before he Board, it lrtter which he had received from F. N. Gis e, ‘ uire, dated iit Ilalifax. the ‘list instant, stating, " that the Newfoundland Electric Tole raph Company have it in contemplation to connect Newfoundla with the continent ofAmcrica b Telogra h \Vireu, and would refer extending the submarine Cab a from Id.eWfoll||tI- land to the ‘sat Point in this Island, in lieu of Cape North in Nova Scotia, and thus the Wires would pass through the centre of this Ialitnd to Nova Scotia. 'I‘hat this Route would save to the (Yoniptiny, about three hundred miles of land Wiroa-, but would Involve an additional expense of £7,500 for the Cable Wires ; and wishing to be inforriied.'if our Iaical Goveriitnent would feel inclined to allitrd also a pleasing sight to see party spirit laid aside. when the iateruds of the Island appeared to require a coalition of ulltsinks and all climelr in order to give to the injectors that encourageuient which they deserve at our hands. ' ‘he iriceiing. which we now notice. presided over as it was by the Lieuteiiitnt Gcvuriior—vvho has never appeared in public to greater iidvaiitage; the establishment of n coinmitice of cones d of men of thahrut influence, ivilhoot respect to political feeling ; and the assurances held out by the Executive, will go far, we should hope, to satisfy the com ity. tluit it will be their interest. as well as ours, to aiuke the stand pie mediuut of coinutuiticsiioa between Newfoundland and the , . 2&3-— SUPREME COURT OF JUDICATURE. Ar CHAILOTTITOWN. Tousnsv. May 4, I852. Gerard Jllilcholl vs. Mcholua Harrie. This was a Suiomary Action on the Case, for an escape against Nicholas Ilurvie. Keeper ol'Ch.irlottetowii Jni . By consent ofthe parties, and by order of Ilia llonor .\lr. Justice one was stated for the o 'tiioii of the Court in last Ililary Term 1852). as set out in the udgiiierit hereinafter contained, and was argued by Fzlwiird Palmer rind Churlca Palmer, Bsquiros, for the I’laiotifi', and the Attorney General and Solicitor General for the Defendant. _ The following was the Judgment of the Court delivered by Mr. Justice I’rrs:ns.-—'I'liis was a Summary Action on the case against the defendant, the Keeper of Queen's County Jail. fut‘ an escu e. _ From the facts admitted by the Counsel on both aid.-s._|l |tPP9""”‘l that one Alexander \Vltito,ii private in the 38th lh-giitieiit, was charged by the Plniiitiffwitli stealing his watch: tltat lie was taken before I ittagistrtite.ex:ttitine an duly couiiiiitteil for trial on the 12th June. I851, thiit, before the sitting of the Court, at Wlllttll he could have been Indicted, the Defendant discltnrgi-d the prisoner under the following order front the I.i¢.-uteiiaiit (ioir.-iiior. Govnaausnrar llousz, l9tli Junc, I851. To the Sheriff of Queen's County, Sta; You are hereby authorised to deliver to his Coiriiiiiinding Officer, Criptaiii l.0Cl\ll,', ofllur .‘l.I‘jt3-Ty‘! 33th llcgiiiioiil. Alexander While, it private in iliat Corps “III! is prctteittly conlii-ed iii the jail tifCliar- lottetown, oti a charge of theft, and u so, of tin assault. A. BANNERIIAN the Company, any aid, pecuniary, or otherwise, tiller the work is accomplished." Iis Excellency and Board. taking into consideration the manifest advantages that would result to this Island frotit this 'I‘elr-grapliic Line, feel no Iledlltlllon in giving it pledge, that so soon as the General Assembly shall be converted, they will introduce this sub- ject to its considerittion, and will use their best exertions to obtain it grant of money in iiid of this great and useful enterprise ; and also will render every facility to the Company for the use ofthe l‘ublic Roads, already opened the whole distttilce of the Route, being sixty feet in width, through rt thickly se_tilo.-d and well cultivated country, for the procuring iind sin in; of the necessary Posts, and extend- ing the \Vircs thereon tlironglmiit the Island. His Excellency and the Iloard regret tli.-it, esthe Govt-rnincnt have no Wild Lands in the route of the \Vires, to dispose of. the cannot hold out an inducement of city Grunt of Lands being made to the Contpaiiy. A true Extract, CIIAIlI.|’.S I)I".SIIRI9AY, C. C. After which, the succeedinv Resolutions, supported by able and eflective speeches by the (ll ererit movers isiid aecoiideis. were se- verally propoaediind carried unniiiiiiousl : Mailed by the Ilon. Attorney General, seconded by John Law- IOII. . Retiofi-ed, That this meeting lielieves that the cstalilisliment of Electric 'I‘elt-gr.-iplis throughout any country. 'is a gr:-at tun i-ncy to aid the progress of sot-iiil iiiiprovctiietit, to unite diffi.-reiit iizttiuiis in one coiitmoii hrothciliood, to rexreiid the boundaries of liuinan ltnoivledgt-, and to afford increased facilities towards comiiii.-rci.il critter nise. II:-Ivcd by Him. the Tfcfl!‘)fPf, sucontled by llnrt. i\lr. lli-iislcy, Retnlrrxl, 'I‘Ii:tt this Met-ting hails with pli-asuro the prospi-at.-i of I 'I'elt~graplt being erected tliroughout this Islam : iilinrr-by the Island of Newfoundlniitl will be coiiiiecti-.iI with the Anne icari Ctintiiieiit, and by iiir-ans of viltir-li, iii conjuiiction tviilt oct.-an stou- murs, this I.~‘l:tiid viill he brought within five days tifllie liltillter Country. 'I'Iiitt. this Moetiiig looks with coiifiileiico totlie Govern- ment and to the Legislature to proiiinte their useful enterprise, by giving the Cniiipany a grant of iitviiey either annually, or otlicrwirte, by takiitg shtires in the Coiiitpaiiy , by grtitititig it the use ofthe pub- lic Iloads as it way for llltt line, by rendering every facility in the [irocuriitg sites for station liousi-it, and in the obtaining itiid siiihiiig ofposts, and by using their influence and best exertions, in giving IE0 the Ipllizibiiants of this Country, the benefits and advantages of I4.-ctric 'elcgr:i lis. Moved by Iloii. George Colon, seconded by T. Heath Ilaviland, q. Resolrerl, As the opinion of this meeting, that the additional local support to be derived frotn the present use ofii'I‘elegtapliic coriminnication between this Island and the other North American Provinces, as well as the United Suites, will, in a great degree, compensate the Compriiiy for any additional expenditure required by the adoption oftliis Island its a medium of Cotiiiiiunicatinn with the coiitineiit. and will eventually prove a source of Ilevcnue. Moved by Ilon. \V. Stvabcy, seconded by John Longworth, D . ‘I?e:oItr.!i'on,—'I‘h:it tl (‘ommittoc be formed for the purposes of cominunlcatirig the purport of these resolutions to I‘. N. (ri~l.orric, l".sq.. snfltto conduct such further correspondence with the Naiv- foIinQind“l7.-inp:iii_v, as miiy be necessary for the furtlieruiice of «owing Gentlemen were then severally proposed, and ily elected rt Committee, in pursuance ofllio said Reso- -—l‘ivi-., including the chairman, to constitute ii quorutii :- vllfllllloiililes. Messrs. Attorney General, Hensley, Pope. Swabey, Colts, I.ord, Col. Secreuiry, Biriiie, and '1'. II. I iivilnnd, J. Longwartlt, D. Brenna. James I'eake, and J. 'I'|iornaa, It‘.-tqrs. On motion. His Excellency left the chair, and the lion. Mr. Colt-s hating been called tlti-ruin, it was moved by the Hon. Co . Secretary, seconded by J. Longworth, Esq., and unanitiiously CIPFIPII, That the thanks ofthis meeting be given to His Excellency the Lieuisnrtiit Governor, l'or his kindness in preaaiding at this titer.-ting and for s - nbly conducting its business. Ilia Excellency, in ackrtowloidging this vote of thanks, said that ' ed him great satisfaction in being called on to preside over it meeting so influetiiiul in its character, and he trusted, important in its results. Should their aiiticipritions be real’ , in the success- ful issee of the cotiteitrplnted scheme, Prince Edward Island would become known, not on y to thousands, but to millions of the human family who had never before heard of the Colony ; that for hitti- nelf, it should ever be to him it source of high gratification should so greitt and useful nu enterpriao—-uu ported by such intelligence and respectability as was associated at that moo2ing—bo accom- plished during his administration of the government of the Colony. (CIieara.) After which the meeting adjourned. _ JOHN M'NI-JILL, Secretary. itiovi that has been made in the Island to nrinihilate time and on, and bring us more closel connected with the uurrouriding colonies, and, consequently, with al the world. Our insular position will ever be a bar to rail roads, and whatever may happen in the course of a century or two lienee, rieitliav the present nor several successive generations, are likely to experience such rt liitigatiou of the severity of the climate, as to enable them to avail themselves of the benefits of steam iittvigsiiou during the wir_tti.-r season. The electric telegraph, as proposed. Itliolllll ll ""0 successful operation, will do rii_ore for the benefit of ilie Islurtd, than It Irst it would itppenr to promise. From its cinbtiyed position on the niiip, and its close proximity to Nova t4coti.i and New Bruns- wick, our Ialimtl does not Itriltn the eye of the observer as the cent of an irtdtspetttIPnl government. but rather as s porlt-It_i of one or silk of those provinceasepsrnted by uh insi uilicant straii;it lras_nn ildiviuafdy. Placed, however. on the Inn of tel-graph. which will uiiniiuct u douatry ofso much iinpurtuiee—butrIsitherto as com- plaiuly isolated to the winter .seaaon——as Newfoundland, it will he turned’-tely brought out into smut relief, and become an object of ' f commercial men. but of all the world. Attcniioii having been once drawn to its locality. the spirit of enquiry will be aroused, its to its capabilities, when the fact of its superiority, as a permanent fishing aatablishmei-.t, will become Ittiirersally known and uicltly ialtsri advantage of._ Nor will its general fertility and peculiar a tltudu for shipping, its agricultural tree, without tlze addiiiona cost of laterniil transportation, be out eight of, but, on the contrary. be every day beitevdrnown an appreciated. In it commercial view, the advsatagr-a will be imme- diiite. The stnte of the markets for live or deed _utrIalt, animal or vegetable productions, may be ascertained iii an iiis'aut from St. Johi's, Novtrf'-iuridland, In New Orleuuu, and markets for them run be opened, which we now do not even dream n_. Our aiticera w y D. that Mr. Gnborriu and bio iiaaaaiatea may still persevere in their design melting the East I'oint of the Island the terminus of their This is the first auh-iuariuuualile. Wariipst not withhold our tribute ofapprahniaui at tliurosdact at‘ the Adrnlnisi We hvs. huts and III" uoaiisss to I ' a note their uhutit-ooui ready tuds than lustiss, when we ..°-.:a~..:.~:':.~*..-:.----r thdr I . Id ultnllbl l 3ri'.'..t"."ii.rt.tt.?r'.'r3 Lieui. Governor. The Prisoner left the Island with his Regiment before the 'I‘ritiity Term, so th:it tho l’laititilI'coitld not prosecute him iii the Trinity Term, the (Brand Jury made the following prescritiiieiit. “ 'I‘liiit on the Illili day of uric, instaiit. one Alexander ‘Write, it soldier of the 38th Rt-giiitciit, stationed in Cliairlottetoivti, entered the House of Gerard lllitcliell of Cliarlottietoivii Cotiiitioti, rind did steal and can it silvur watch, valued at £6 currency. the pro city oftlic said Gerard .\litcliell. and the Jurors further prion.-tit, that the tiaiil Alcxaiid-er \\’hiio, was coiiimitted to Jail by 'I'lieas. Ueslni.-ay. .loliii .\lorris, IllIlI Juliii ll. Cox, three of ller \Iiijesty’a Justices of tho I'o:ice, for Queen's Cmiiity. in order that lie the said Alexzintler ll/liito, should be tried for the said olfetice at the Suprriiiie Court, to be held on the last 'l'uesdtiy in Jutie iiforeriaid; and further, the Jurors prcraetit, that the Jiiilor of the said County, in \Vll01€ custody the sritl Alcssiidcr White tvaa placed by virtue of the iiaid Cotniiiiimoitt front the three Justices aforesaid.did dis- charge and liberate the siiil Alexander \Vliite, and that he cannot now be found to answer the charge preferred against liiiu." 'I'he I'l.-iintilI' had lost his watch; but it was not found on the pri- soner, nor Ii:is the tIHft.'IItIa'IllI. Iiitd it in his possession or seen it. The value nftlic watch was proved to be about £6. \Vith the exception of the (‘0lItttIlIlllt.'l|l by the magistrates. no evidence was given to show, that the piisoimr had in en the watt: 1. 'I'liree itestionu were ntlsed iii the rirguiiieiit. lst. W It'lItt‘r the order of the Lit-uteiiaiit Governor justified the D0ft‘lltIilIlI iii tlisolirirgiiig the pflsttllfll ' l. Ivi-n i it did not. the I‘oiriiiiitt.il, hi-ing l'or :I criminal off».-iico, wlictlit-r an action \\ ill lie against the Jrtiler, at. the suit ofn private porsoti, for an escape ? 'I‘h:ii siipposing an action will lie, vvltcllter the Plaintiff‘ must privvu that the batch was taken by the prisoner, before he can re- cover As to the first point, it was argued by the Attorney General that the Governor has power to pardon, and might therefore. legally tlischriigc the prisoner 'I'here is no doubt, that the Governor iiiny pardon. and the pardon may he Ilt’f0f8 as well as after coiiviction. 'I‘liiis. iii 5 Coin. Dig. I72, it is laid down “The King may par- don iiriy ciinie or offence Iii-fore iittaiiider or conviction,” and this he may do though the prosecution be carried on by a private person, unless the prosecutor have an interest in the judgment. Ila|l's case 5 Rep. 51. " Alice Cook libelled llnll in the Spiritual Court. ft" calling her it whore, rind had judgment. from which the defendant tl .aled, and then obtained the King's pardon 1'’ And it was Re- aolrzrl, That all cases depending in the Spiritual Court, between party and arty, where the suit tl only ro salute nnisif vol rc- formrrlinne rnarurn. its for defamation or ayirig violent hatida on a clerk or the like, there, the King's pardon is a bar of the suit; for i e suit is not to recover any damages or any other thing. but only to inflict pnniuhtnerit on the offender, pro salute uritrai, which puiiishtitetit. the King may pardon as well before as after the suit begun; for in truth, such units are only fur the King, although they be prosecuted by the party, and like units in the Star Chum her, preferred b one subject against another, the King may par- don them; for it though a subject prosecutes them, yet the suits are for the King, and to punish the defendttiit for their offences and iiiiszlciriczintirs by fine and iitiprisoniiwiit to the Iiitig. But if one lil.».-ls for tithes or a contract of niairiitiony, or for a legacy, or the like, uhere the plriiniitfli.-tilt an interest and ropert iii the thin: iii demand, and st-titence shall be given for liiiti for the thing \\ hi.-h he lihels for, the the King cantiot pardon it, neither before or after the suit be un." But the order in this case is not and does not purport to be it par- don; a pardon iniii-it be under the fin.-at Seal. If pleaded. this do- cutiierit would be no defence topii Imliotiiiciit, for the offence trien- tioned in it. 'I‘lic qui-ittian, tlii-refuro is, whether the Licutemuit (iovcrnor ltris power to order the ilirtcliaige of utipartloiied criiiiiitrtls froui prison before tri il I In considering this question. he may be assumed to possess the same power its the Seven.-igii has in this res- ci'l. P In I Bac.. Abr. 615. II is laid dorm. “ A person legally coni- mitted for a crime, certainly appeziring to lmve bet-ii dzmc b some one or other, cnriiiot be lawfully dist-hargcd Ivy any ol/itr, u! by the K'r'n_r: till he be acquitted on is tii or have no ignotamtir found by the (Brand Jury or none to prosecute Iiiin on proclaiitation for that purpose, by the Justices of Gaol deltvr-r_v.“—-Ilnt though it be said, it |K'I'tl0I| committed may be discliargetl by the King. it does not follow, that an order for his disclinrge uiiilci the King's signi- ture would be sufficient, although Justice is nditiiiiistered in tlte name of the Sovt-reign, it is beneath his dignity to attend to the details of its adniitii.-tration. Many itcts done in the King's name and by his authority, can only legally be done by those,to whom their execution is intiitsletl, and who are themselves liable for sbus" of their powers. In the King rs. Brown, 2 Show Rep. 484 cited in the preface to I“or-tar‘s Rep. I2 6: 2 Bac. Ahr. 83. The Defendant was brought up on Habras Corpus. " It appeared the King had requested some of his ministry to commit the Defendant to gaol, but they not having proofofthe Defendant's guilt, refused to grant any warrant, upon which Ilia Majesty thinking tlto_Defen- diini guilty, called for it \V:irrant which he signed with in own hand, by which the Ilefeiidaiit was coiiiniitted to the custody of the 3:’ rm-ear-ngier, and the Warrant being taken notice of by the Court of King's Ilenrh and the whole iiiiitter being considered, gave their opinion. that the Defendant should be discharged. bo- cauas the Warrant was under the I\irtg‘s own hand, and not under the hand of an Secretary or Ofitrr of Stale or Justice o _fIia Pmc And I to reason given for this hath been, tliet tha_ mg, having given till his Executive power to his Judges and Justices of the Pure, there is none left in him, the executive power be'ng too mean and troublesome for Ilia Majesty. Arid ifthe King erred ever so much, there is no remedy against him; but there is a remedy at Law against tiny aiibjeet wliiitsoever." Iletc. though the party mlght legnll bc coinrnifted in the name and by the authority of the Kin . yet the tvarruii for his enrriratmil, signed b the King. was hel void. But the present point now before the ‘cart, ‘I not in Ilurn's J ustice, M9, when after citing the authority already quot- od front Bacon‘! Abridgtnent. " That a person legally committed for a crime, cannot (till acquittal or bill Ignored) be lugullfi diu- charged by an other than the King," headds iii a note " at is by some one o 1 King's ,Cour!r or soars Magistrate rlal catho- riml.“ If the prisoner in this case was improperly coriiui ted, he might have caused himaelfto be brought ge‘oti Hulmu Corpus. the prosecutor and comiriitli mu rate would then (so- eordirig to the practice) both have not co so that ttiay_ might appear and resist his discharge and the Judge after the airy into the circumstances and hearing both sides. ifastislad. tht rs was no raasoin la pratatiea. for iaiputieg to the prisoner ilie olhoc would have discharged hitll ,UIitiittad him to bail. to me, therefore. that the I tenant Governor diuehur the isoriur. and that t _ _ _ fondant in having itted film to escape. the prison cal thereof, for the sincere Iatersei lie rirsaifovtad ls undea- As to the question-ilia rule of law founded on nlatsry vor to ace the system generally. I regret to as , bi-wsvur. principles of public prillay. arid designed to iiuulate the prosecution that our Merchants wavuse habituated to " the guide ofl way" LP! of ott‘ua6ai—is. that ivlisru a criminal tug been uararaiitsd the they " could as l‘sahsd”as"_IIrs. y" would say _ wliloftlsalaa ufaelvilaetlamthamtyla mal _ adsptlanaflf. ’ nstbacllovrdte hvautvfllsjary.'htllha ltd LIN. ‘ hr tbs shoes. ‘Its '|avr 'aa Charlottetown, May 3, tut. this subject was very fully laid down in the late one of White vs. Spottigue, II I. St. W. 605 The party injured beia thus oom- pulled to ponpnnu his action to recover the value of t e property taken fl‘. Iiin. titi il be has prosecuted for the criminal offence. any unkind t ofiluty b those who are bouitd to assist t paaaacurlau, w ' Ii impedes , and thereby necessarily delays him in bringing his civil action is an 'itr to in for which an 70 u he go to a Justice uftlie I’o:ico. pray to be uxitioliiud butch- iit the robbery. and the justice refuse to examine hirri. so that I aiti thereby dumtiifiad and cannot proceed aga have an action against the juatice." 'I‘he same principle saws up- plic.-ble to the case of a jailer, who by allowing it iuoiier to ‘es- cape, hinders the prosecutor from proceeding i_vi_t the crimtnal charge. and thereby prevents his bringing a civil action II II i . ’I‘lte bi-t question llten arises, via.. whether the Plaintiff must prove the taking or the watch by the prisoner, before he can riaihitaiii iia action 'I'liis was properly in some respects lilteriod tn the argu- ment to escape on mesiie process, where if the prisopar usoupe at any time after the return of the writ. the elieritt‘ is liable, but he is onl ' liiible for such damage as the Plaintiff‘ has actually sustained; an if, in c0l|I4.'qll0l|OO ofsuch escape. the pltiiutifl' be delayed for the shortest time in the prosecution of his suit, it is a arnaga ' law sufficient to sustain the action. Thus in Williiiriis ca. Iloystua, 4 M \V. 152, \|'IIllSl| was quoted in the ar unseat, where the party arrested on irieane icon, Ol¢tlp- il a r the return of the writ, the plaintiff‘ had sustained no actual damage, nor alayed in his suit, and it was held I action would not lie Parke ll. says, “ lltrtto would, we think, he no doubt, that if the plaintiff!‘ had sued out his writ of Hubrrts Corpus during the de- feiidaiit‘s absence from prison and been prevented from euecut' it, or had olfr.-red to deliver a copy of the Declaration during such alniencc and had been prevented by the absence from dei so, would have been dela ed, itiid delay of suit never so short is licens- sarily ii dtitiittge." fit me to the distinction tukea y the iitI"rt Counsel, bi.-tweoii t tat case an '1 list in \'ViI- lianis or llloysten, the pluiiitilfoitly had it right to have his debtor in custody. ivlteiiever Ito chose to reinova or declare againatliiru, and if when he did so in custody, he could not be delayed, but that in this case the Pluiiitiffhy the oscu , has an actual impediment tliraivri in his way, which prevents his suing at all until the crimi- nal case is first tlltip0Bf.'d of. But this would only show, that in thin case it was not ticcusrinry for the Plaintiff to issue a writ against the prisoiier, before bringing the action l'or the escape. The argu- roeiit does not hear on the real question tnisi.-d and now under con- sidcriilion, which is not, wliel her the plaintilfliita been delayed in coiiitiiencing his suit a tiiitst the riaotier (which appears plain enough) but whether admitting that to be the case, it was not ae- ci.-ss:ir_v to prove, that he in n gt cause of action against him. which in this case could only have existed, by its appearing, that he Wtttl tlto taker of the wait‘. I. In all uciiorts for escape on mouse proces, it aiust be stated in (Its drcIarult'oIi urul prorml, tluit the pliiiiitiff had it cause of action against the party arrested. In Alexaitdi-r cs l\IiicAiilny I, T. llep. (ill. 'I‘lie Declaraiioii stated, that plaintiff had a good more action against his croditor, that be arrested hint, and that defendant suffered him to escape. At the trial, the plaintiff’ was aotisuited, because he could not prove any debt agrririst Ute prisoner u-lio Itiltl escaped. In this case the plaiiitiffmuat have been delayed in his suit, because his dobtor having escaped entirely, he could not have him to declare against at the return ofthe writ; but his being unable to prove any debt against the prisoner, slievved thttt the action I_‘.£-tllltll liitn if Ito had not oactiped, would ltiive failed; he could not there- fore be daiiitiified by the escape, and consequently had Ito causi- of action against the jailer. And in the riots to Ilenson us. Wels- ley. 2 Sand. itp. lbl. citing the some case. it is said " It is no- ci--xsary in this action to aver utid prove that the plaintiff had cause ofaction against the perruin who escaped. it be not averrod, the teclaration is bad on demurrer, and if it be not proud as curtail. the plaintiff will be noiisuitod. It is true, the Court say, in \Villi:itns as. .\Ioysten, if the plaintiff .id sued out it Ilabras Corpus or deliver it copy of his lleclaration duritig the prisoner's absence. that would have been ti delay autlicieitt to maintain the action. But it is not said, it was no- |. —-9 _' .__ cess.-try to prove the debt against the prisoner. no such question was raised; because no doubt, the Plaintiff’ had proved that at this trial. and the col uestion was, whether the escape lnid ouosed tlitlltitgv to the Plaintit 'by delaying him in the prorn.-cutioti of his suit iigaiit.-ti l the prisoner, in w icli he had shown he would have recovered. Mr. Starkio, page I048, lays down the proofiiecessary in such cases very clearly. " The daiiiitge resulting to the pltiiittilf, is either. that the Plaintiff has been delayed in recovering his d .-lit, or that ‘ he lost it or is likely to lose it. ' t, he must prove} the ori iiiul debt as tiverrod iii the Declnriitioii, with the same III‘-1 green particularity, unit seems, and no more than would have requiuitn in the original notion aguint the debtor himself." ' an Atiicriciin oituu, Iliggsetul I. 'I‘hitti-.her, I Greenloiif 65, it is said " The action. cannot be ntairitairied, unless the plaintiff had a valid subsisting cause of action against the person oscatr “ rorii those authorities it is clear, that in all nctionii for escape the l’|tiirttifI' must ve. . The doc! against the prisoner. 2 The 8. 'I‘ tat he he been datiinilieil by it, and if be full in his L.‘ . . r suit, and I can see no distinction in principle between the proo necessary in such cases, and the present. It was urged by the Plaiiitill"s Counsel, that the Plaintifl' laid a i right to bring his action against the prisoner, and that its the escape necessarily delayed the bringing his action. his right had been in- jured which entitlea hint to dttitisiges at law and the dicfuiii of Pow- ell Juatiol.-. that the possibility of daniiiga is sufficient, cited in 2 Stark, E. 3|-I, was relied on. But if the pliiiittilf could mil recover in an action against the person escaped, u could not possibly be injured by the escape, as its only ellirci would he to prevent his going on with a suit, in which he would be nnsuccesu u . at it is a mistake to suppoari, that the doctrine that n more in- jury to it right, when no iictual damage has been sustained itpplioa to such cases as this. In all nctiotis on the case. darnrigu are the gist of the action and they must actually have occurred. or an action will not lie. They may be very trifling, they may beoiily nominal; but still they must li.ivo occurred. ’I‘lie person who arrests ltia di.-bior, has a right to have liiiri in prison at too return of the writ, to declare against: lint unless he shows that be actually adored to deliver it Declaration in his absence, he cannot maintain an action for the escape; because he has not actually been delayed one ino- llll'.Itl in taking any step towards the prosecution of his suit. But if he have offered to deliver it Declaration iii the defendant's ab- sence, though the prisoner be there ten minutes allervvards, so that the Declaration could then be served, yet there has been tiotuul delay for which (and not for any injury to the abstract right) the law gives him nominal damages. 'l'is true there are cases. where more injury to an abstract right will be sullicient to iiiuintsin an action, such as sorchiii-ging Corl- rnons, diversion of water-courses, di.c.; but these cases are neces- sary excepiions to it general rule, because in such cases, anleau tui action would IIP, to preserve the right its repeated inflliigeiiieitt might, in the end, ripen into a title in the intruder, or be used a evidence to bar the right of the party legally entitled to it. There being no evidence in this case, that the watch was taken by “White, the I’luitttiIf must be noiiauitod. 2:32: To Till I:‘.i>i-t-on or Hasuaasfs GAIITTI. Ma. I-Iorroa; Being fully aware of the sincere interest, you have always shown on every subject, which has for its object, the welfare of your fol- low beiii a. You will please excuse me. for thus trespassing on your valuable space, with these few remarks on the " lute hour system" to which I as wall as till my fellow clerks in thi Town—nm subject. I any in this Town Mr. Editor, for in Great Brituiu, the United States. and all our sister Provinces; the mareliants have been full convin- ced, of the disparaging efl'ucts.ofthu " late hour system ' on the minds, and morals of their clerks. They have, from those motives, adopted the " early cloning systurri." In the commercial Towns in E land, the United States. and our sister Provinces, where as I bavandlraudy stated, the " early close- ing system" is ado ed. l‘lie young men va formed themselves Into societies, f'or the mutual acqatruiiierit of knowledge, on mercantile and other so And Mr. Iuditor wli not ad it here? Is it thri: we are so much behind the age in t is, an we are in all other things: or are our iner- eliaata ofthat class; w sole shit is sordid gain: and would sacri- Icu the health of their fellow beings; to their aelfleli and avsrloloiia motives. This from the knowledge I have of the character of innny of our merchants I cannot for a moment believe. The truth! believe to be. they " know the of consideration, they " pursue the wrong." r not one arbitrary a iiutura that it would be prsjudicirrl to their inter- ests to adopt it. This Mr._Bditur cuiiriot be the case or It Is a well " but from want known fact from the aupsrisaua of who have tried it, that were all the shops closed at seven o'clock in the evening, uses on 8ti~ turdsy, the same amount won trsease ; as the people would soon became aeijasiatadvrltli tliu arvattgeitieiit and would govsrri themselves aoesrd ugly. It is new adopted b one of our boat Eslsbl lshrrierits. And lierulteridc iriy siviceret alts to ;.;:_.~e"-*.:.~r..-ei.-:.-ta Royal Agricultural society. MEETING OI’ CUMIIITTEE, May 6, I551. rassnirr : His Ilnaor Judge Peters, President, 0 Hon. 8. Rice, :Ir. Ilavilniid, M . Ilodgea, tr. Potliiek .. , pi. S.ii;tpapn, 4 Hon. Mr. Colas. ‘ '\ U“ in ' ' Tlief sun I as the at ‘ -:."rc°.*:'.':" ""1-‘E'J'....."-"*'°..':"" - ". ‘-".....- -".-E:"-,,"‘”.-_-- it or a sea , a Subsaliptioiihzgzywill turntiauta, viz : "M ' " a. II r has: 'bad ato. 'h I) it do in pit‘; to the 'f'|:oasu-ru.r dftlieukoyul .‘gY!'C:fI'.IlzlJ..;:¢"fgy i;'Pri'sca Sdtsurd rt . yusrly. fratti tut day ufluly, taut while we continue Members of the Society, the sums at P0,," our respective names, and we further a to conform to the flute. -Laws by the said Society, it iiig understand‘ t ..y Member is at liberty to retire from the Society, upon givtn iron“ at any time before the annual Meeting, to the Secretary, of ' ugh an to The following Resolutions relating to the Branch Societies wer. also Resolved, 'lht the aunt of £I00 (uvfl niwh thereof up". under provisions ho-roiiiafler onotniaud, be ' ed), be [M iitnd out of the funds of this Sodiot , to be ill _among the di. fereat Ilruach Societies in manner reinuhar rrieaiioned; that is to burn sny._ upon the Treasurer and President of an Brunch Social tram. mttting to the Secretary iifthis Society, a .ortificate, stating in. amount subscribed for that year. and paid to the Treasurer of ",3, Branch Society by the Members thereof, sueli Branch Societ y sh.“ be until Oil to receive from this Society, a auin equal to the amount appearing by the and certificate to nave been so paid Into the hand. in of the Treasurer of such Ilrnnt-h society, provided. that no gun; shall he made to tiny Branch Society as aforesaid, unless £10 In first paid to the Trv.-asurer thereof ; Arid provided. that the who]. amount granted to Brunch Societies as aforesaid, shall not nu.“ the sum of £I00. Ruoli-ad Id, That the above grant being made to encourage the Branch Societies toincruase the nutitber of their Sitlrscriberu, 5“ also wlthn view of permitting them to fix the different prhs to 5. computed for in their Districts, and to exercise greater control or their own affairs. each Society will in future, by and out its own proper funds, be liable to pay its own prizes, nor win “ prizes be paid by the Central Society to tliu Counties of King's Prince Conntiuu. save and except,the Prizes offered for Cattle : and Plougliirig Matches itiuiitioiied and set forth in the List of niiuins offered by the Society for the your I35’) : I’roi-itlid always, that nothing herein contained, shall be construed to interfere wit; the power of the Central Society to prohibit or restrain any Brunch Society from appropriating any portion of the amount so granted, of II the tiioneya rece'v from its llleinlu-.rs, for objects which the Central Society may deem rt iitisrippliciitiuii of its finals. Ruolud 3d.—’I'|iat the above Grant of £l00, shall take effect front the lat day ofJuly. I852. 0rrl¢ru:l.—-'l'hiit the following I‘RE:\llllM8, for TURNIP CROPS III Queen's County, fie, heimuiodiiitely advertised, nano- Y "' For the IN at acre of Swede Turnips, £4 o 0 " if 0. do. 3 o 9 “ Bil do. do. do. 2 0 Q “ -ttli do. do. do. 1 o 0 " the bust acre of Yellow Turnip, 3 o q " I eat . . . | o 9 _ The Meeting was then ailjouriied uiilil Wednesday, the tan instant. By Order, Cll A ll LES STE WA RT, Secretary. J U Ill LEE. 'I'he Sunday afli-r Ascension Ila liaa been appointed by the Lord Bishop, for the celi.-hriition of the Jubilee ofthe Society for the Pro- pagation of the Gr-upel throughout the Diocese. Appropriate Sn. rrions are to bo preached. on that day, iii every I’itr'aih. and the tlinnlt-oflierings of those who desire to testify their gratitude for the benefits conferred upon this Province, through the iastrumaiitrility of ilie Venerable Society, will form it special "Jubilee I-‘nod." to be appropriated at the discretion of the Executive Committee of the iucestt-i Social . The following is a copy of the Subscription List, up to the 28th April, ult.. to raise a Fund for an Endowment for the Bishop of Nova Scoiia z—- , Collected in (‘hard-.heu £21 14 0 The Lieutenant Governor, per uriiitirit. 5 0 0 \Ir. llttiilnrn. 10 o 0 tfaptiiiri (lrlebuv, II. N., in three annual liiutalinanu, is o o Rev. Dr. Jenkins, to be funded on the Island, 4 0 Captain Swabs . in three anauul instalments, in o z \Vrn. Curidrtll, ., ‘ ]o o . J. w, .. 5 o g Captain Puriibrnland. lo 0 Q Ciiplai‘r:,Bii -field. II. N., 10 0 Q Mhj'PM':i"". jby tlmu aaiiual instalments, an to Q ‘I waboy. Irq , 5 o g llnn I‘). J. Jarvis, 4 0 Q Ilon. . I-I ti, yo 0 9 ll. Ha-ward. Burp, to be funded on the Island, to o o D. II . -q.. s o ii 1'. H. I’ avlhttid. F.lq., 10 o 0 Rev. H. B. Swubay, in time annual lsoulmuts, 1: o o £|9l 4 Communications will be received by the Rev. Dr. Jenkins, or the Ilsa. W. Swsbay, or Robert tlutchirison, Esq. [Extract frost a Letter, duled St. Julia's. Jl/hs_fld.. Jpvil ll] "Our fleet of Sealers got away on the Id and -tth March; and the Int two returned on the lat instant with fall cargoes ; since then, over 80 have arrived. all having fair average on , Scale in abundance, hot the weather unusually aevr-re ; the w prevailing to tho N. 3., jammed the into the bays, rind largo qtiuntitiuu of Souls have been taken by the inhabitants. On the tilt iast.. we a very seven gale from the N. 8., with snow, vihicli has done it grunt deal of damage, together with loss of life. Twelve vessels are re as lost, and we fear that is not till." " April Ibth.-The vessel being detained by head winds. I an enabled to announce to you the arrival of the Creole. Capt. It ichtirds, [of Georgetown. I’.'E. I.] with 2600 aoals—-he vii do well, and clear . He had I had crew, else he would have filled list- he labored under great di-advantages. I rim sure his friends will be glad to hear of hi . ' ‘ tea arrived this morning, bringing in the am. be ing to Mr. llogemin, a prize, with 2°00 seals, the being itbrittdori . 'I‘be Kingiirtoch nluo with three prixeu, viz : the Caledonia, with 2300 seals; Dash, 5000; and the llound, I800, all abandoned, the crews having taken to the Islands when in danger. The excitement In town to-day is dreadful, women and cbilrlren screaming through the streets. Govt.-rnniant has taken up the flar- binger to go allcr the crows. 1500 men are reported on 1].. wad. horn and Funk Islands. living on seals. 21 vessels are reported last, but it is iiiipoituihle to say the exact number as yet. The quantity of seals were greater than for years." TIM Prfuie Jliitfutrr'a opfrdojqf Resporuible Gourriuirrif in a Colony. ‘ House or Loans, April 6, I852. The EARL of DERBY presented it Petition front the Speaker of the Home of Assembly at Newfoundland. pro ing for the extension of Reriprviiitible Goverriinent to that Island. Ifve totally differed from the prayer of‘ the Petition. If they wanted to rain the ace and welfare of the Colony, they could not do it more elfectualllyethsu by granting the prayer of this I’etitioii.—London Thin. Jpril 7. Mri.t-rsav.—We learn tluit Capt. Boyle's Company of the ‘lid Iliglilrmders, at present in this Garrison, have received orders to pmcood without delay to Prince ECIWMII Illnlid, (0 PQIIOVO tim- priny of the no lllgltlatiders, who are under orders for England.-— JV riebruruimkar. The Steamer Rose, lull for Plcton on Tliursduy last. ori her int trip. but was not able to snake the opposite no for the ice, and returriudtlie same night at liulf-past to. She landed the Outward Mails at the Wood Ishiida. which were come a to l'ictoI b Mr. M'Mil|un‘a lost. This Boat brought to Town on Suturda evening, the Colonial Math: and Ifetisrs. Francis Iaongvvostli. . Nuluog, Jogagh fltnunnld. and Mr. Kiliiur of London. mi LATER FROM CALIFOIINIA. By tl"i:darvlvnl at Navr.York of the steamer Sierra Nevada. we lay. Irsacuco dates to the built of larch. but the news is uriiui ii The rains alincat uetiraly caused throughout California, sail the anode lly abated. It is Isiiriiatad. that at least tvreiit llvlis were on by the ovarIoiv,and that the whole loss by the It will reach nas_rl MK‘! million": dollars. of ihl miners w a or . Ievuvufi tnlurdiraty ibcadlsas aisrspvstud, ’t‘t-ado " Fifi’ "" "lfl3"i la 0!» till Ydhiabad ‘fly. I