HASZARD'S GAZETTE, APRIL 8.

tissues. A. Eaiiaermea, Lieut. Governor.

‘in Compliance with the Assembly's Addreseo the Lieutenant Governor seeds, herewith. the Copy of the Hoe. William Yonng’s opinion on the 8herll"a Retara for the First District of Queen's Ceaaty.—In regard to the cases laid before Mr, You , the Lieut. Governor refers the House of Assam to the annexed Letter, from the late Attorney General. sad. also. a Copyof a

lter to the_ same gentleman from the ' Governor on the issuing of the Commission. Lieut. Governor required no legal opinion on this subject. as 'there is no Statute LIDW fixing the recise terms to he uaetl in such a ocument. it lag the [duty of the Lieut. Governor only to elre care, according to the Royal Inatructioiis, that the Gths required by law. should lie admi- ltiatered to all Members of the Legislature. But the ' Governor did wish to have the opinion of a gentleman of Mr. Young's greet parliamen- tar experieaee whether it was advisable in issue a ‘on inconsistent with the Sheriffs Reteral which the Lieut. Governor thinks might have been easily obviated (although he did not ::"°.;' ".::.."'- "°"'*: '" :'.‘:::::''.:.::.$:.'“::

or am . . the latter part of the Commission. the words " duly elected and qualified." Mr. Young, how- ever, "ICING" to his opinion-of the 94th October, and recommend that the Commission should be issued is the neeel form. and the Lieut. Covernor acted as that advice ; but having done so, he considered it to be his duty. at the opening of the Session. toaotice the SherilI‘s return for the First District of Queen's County, as being an unusual one. expressing no other opinion on that Docu- ment, his object being to protect those privileges which mi in have been com romised, even with- nowlsdge of the ouse, by so unusual

rn.

Government House, 5th April, I854.

The papers accompanying the said Message having been read,

I-Ion. Mr. Wasniit rose and moved ‘That the Message and the Paper: accompanying it be sub- Iltitted to a Committee of the whole House on Friday next.

A motion was then made, That the House do .07 adjourn. _

The House divided on the question of the ad urnieeat:

Yeas-Hoe. Attorney General, Hon. Colonial Secretary, Hon. Mr. Conroy, Hon. Mr.Macaulay, Hon. Mr. Maeeachen, Hon. Mr. Montgomery. Mr. Douse. Mr. H. Havilsnd,|Mr. Macgowsn, Mr. Brer, Mr.Yeo,Mr. God‘, and Mr.Clark—l4.

Navs—l'Ios. Mr. Whelsn, Hon. Mr. Werbur- ton, lion. Mr. , Mr. Mooney, Mr. Fraser, Mr. McGill, and Mr. Davies—7.

So it was carried in the allirmative; and the House sjouraed accordingly.

OPINION OP HON. WK. YOUNG, ON THE EE- TUBN OF Till WRIT OF‘ ILICTION BY ME. SHEIIPI‘ IINNI.

I have considered the return of Mr. Sherifl' Elnus on the Writ of Election for the first Dis- tict of Queen's County, dated the 9th Au ust last, and the Act of the Prince Edward is and Legislature ll Vict. Cap. 21, referred to there-

; and hkin the facts as they are set out in the Return, perceive so strau a misappre- hension ef theo jcc rid meanin of the Act and the poyrers of the Sher-ifi‘. that I shall be more ex licit on those points than I should have, at erwise, thought it necessary to be. The Act is evidently founded on the Nova Sootia Act of 1847, and the two princi lSec- tious in our at an airy, to wit, t s 40th, and 42d. 0 the [sin Act, are transcri tsof the 37th, and 38th, Sections of the Nova otis law. Now it is a distin iehirig feature of both Acts which was care 1 preserved and

in t go of the ova Scotia Bill,

t the were of the Sherifl and presiding Oflicers should be exactly defined, and no in r discretion eiiwusted to them than was in is-

havin a just regard to its

own rights and hose 0 the Constituencies,

would transfer to a subordinate oficer powers

that belong o'i:lly 3 thom_selvas, and are among a

their most In this light never had a doubt of it in our own Prov-

and looking to the 10th Section, I am at a loss to conceive how an doubt could have arism. Po Books beingyall returned, the Sherifshall openly break the seals thereon, and t up the numbers of Votes, as they appear on several Poll Books, and shal then

openly declare the state of the Poll; and, if within one hour_thereafter no ob‘ tion shall be made on the ground of persons aving voted out of their" proper polling division, or more than once for t e saute election, the Sherifl shall forthwith thereafter make reclamation of the Mom chosen, and shall forthwith

a

return such s have a _isajority of

have Inca,

votes. It to ' cult to imagine in what way the intention’ of the I4 ‘stature could_ he_ve been ear .

ther they are bad, obpeeted to or not, sworn or un- is iio enquiry of his—he is to cast them up as them; and is, forthwith, to make proclamation of the Members chosen, and forth- with to make‘ return of the person or persons having the majority. I , indeed, within one hour after the ante of the P011 is declared, ob-

tionisiaadeb_ecan da , or ariythree upon the two specific grounds of elec- tersha ng‘ ce voted,or votedatawrong lug 0:6 ti&o't:.:iithe,i- of these grounds,

M an to such objections, t urpoes to as 's ro-

. The ring within ‘whic -Iii ob‘ tion may be made is limited in the Act ; and take be fectly clear that tliie instant the

‘E: €353: §“’ i, -=

iii: iii

utee a one hour. or five hours’! The Sherifl, on of the hour, is forthwith to m$h0I|—hhI . ll required

letsl ,‘ without any thing else in- Iow ll‘ an that he can

iiiiii

and meaning of the Act. When objection is duly made of Votes having been twice polled or poll- at the wrong p'ace, and it shall appear to him after hearing evidence that such olfectiou is susmihcd, he is empowered to stri e out such Votes from the Poll Book; and, for that he is a 'udicial ofloer. But he has no au ority to stri eout or expunge votes upon any other ouud, except indeed, under the 14th Section. w on he is casting them up; and his functions, in the prosecution of a scrutiny are ofa totally diflbrent kind. Such is Scrutiny is held merely to receive tho evidence on wliic_li the House is afterwards to judge ;_ and there _is not a syllable in the Act, authorising the Sheriff to adjudicate upon or expungea sinule VOW- Stich Scrutinies have frequently come before our Assembly, and have never been s_i'ilppose_d to have any other object. nor the Sheri or his assistants to have any other wer, than the receiving or rejecting of_ such evidence. Mr. Coles‘ demand of a Scrutiny, though after the hour, was also regular: and he might prose- cute or abandon it, as he thought tit. Ofcourse it could have no effect on the return to which he was already entitled. Such being the view which I take of the return, I am now to enquire how it can be rectified _or amended. Now it is perfectly clear that this can only be _done by the House itself. It would be unconstitutional and dangerous for the Governor, or his Execu- tive Council to interfere with the return of an Election Writ, nor has any such_uttoii_ipt ever been made, that I am aware of, either in Eng- land or the Colonies. If the election _had taken place while the House was in Session, they might possibl have interposed in the first instance, and re used to allow the returned Member to take his seat, though of that course I find no example in England. But tho present being a new House. I know of no constitutional method by which Mr. Beer can be prevented from takin the Oath and his sent, if he so de- termine. he law as administered in the ouse of Commons is to be fuuiid in Rogers‘ Law of Election, seventh edition, and the cases cited therein. “ When a return has once been made no person is to presume to make any an alteration in it without the express or or of the House.” “If a man be do elected and yet not well returned, he cannot sit in the House until the return be amended ;" and a distinction is taken betweeriui petition against the return only, and a petition against the sitting Member upon the merits; and re- turns wrongfully made have been frequently amended b order of the House, or of an_Elec- tion Committee, giving the party thereby ejected time to petition upon the merits. The leudin case upon this subject is that of Middlesex in ‘ eckwell, to which I have turned. The case of Caunarvon, in Cockburn and Rowe, is also to be found in our Library. The other cases cited in Rogers are not within our reach. but the rule is well established; and, therefore, however anomalous it may be thought that areturn. bad in itself, should entitle the re- turned Member to ii. seat in the Assembly, where is vote may be of great moment. 1 cun- not advise His Excellency the Governor, or the Executive Council ol' Prince Edward Island, to undertake to amend the return, or to issue a Commission inconsistent tlicrewitli, and for which there is no authority to be foun ll'ii.u/tit Yousc. Hon. Joseph Hensley, (ice. the. &c. Haliax. 14th Oct., 1853.

Letter of Sir A. Bamterman, Lieut. Governor, to be transmitted for the opinion of the Hon.

illiam Government I-Iouse,29th Oct. 1863. Dear Attorney General ;

I have read Mr. Young's opinion on the elec- tion of the First District of Queen’s County. is such as I quite expected from a gentleman of his great arliamentary experience ; for no Governor or ouncil could be justified, if they ventured to amend a return, which is entirely the province of the House of Assembly—nor should n Governor, I think, issue a Comniission at vari- ance and inconsistent with such a return.

It is. therefore, to the t'ssiu'n o/‘the Conunisrion alluded to by Mr. Young that wish to direct his attention, and, with that view. I enclose a copy of the proceedings which take place at the open- ing ofa newly elected Assembly in this Colony. Wl::it says the Governor‘e Commission? “ Where- as our said High Sheriffs have,as commandd, held the said elections, and returned to our Secretary, dic., &c., the names of twenty-four proper and fit persons, duly elected and qualified to serve us in our said Assembly."

ow, at the recent election, our Sherifl's, in strict conformity with the foregoing, did return the names of tweui -three Members but our Sherifl’ for Queen’s unty, did also return the name of one other Member for the First District of that County, to be duly rleded, as having the majority of votes, to flte determination of the House 0 Assembly, on the serum: be are men- tioned, artd of tltefnds herein before setfort . appears to me, therefore, that, by following the usual course, do issue a Commission inconsis- tent with the return, because I tell the Commis- sionere that twenty-four Mmbers have been duly to serve in the Asseiubl , an them to be sworn. while the Sheriff's‘ return de- clares one of them to be duly elected subject to the detertiiitiatiori of the House of Assembly ; and, yet bqbre the House can possibly determine on the validity of a return, in whichfaols are left for its discussion, the Member in question, in virtue ommi'.sst'eri.' takes the Oaths and his seat, and may vote in cases of great importance In the House ofCommons,at the opening of a new Parliament.the Chief Clerk, apermanent oflicer, is furnished, by the Clerk of the Crown, with a list of the Members returned, and all of them may vote for the choice of a Speaker; but after that, no Member can sit or vote until the Oaths are administered to him ; and had such a case as the present, occurred in England. I think the Speaker would have directed the attention of the ouse to so unusual a return, even ifit was not petitioned against—snd are the Oaths were administered to the ember so returned. The return for Queen's County at the recent election, involves lmporiant considerations. Similar returns may, hereafter, be made, and when parties are uearl balanced, and party a lrii runs high, thq conse- are easily oreseen—public business neglected, from longed political struggles in the Assembly, an no alternative left to the Lieut. Governor, but dissolution. w of Election in Prince Edward Island-, is nearly the same as that in Neva Seotla, and, as Mr. Yoen states, great pains aaetn to have been taken, a early to dense the deties of s Sheril, who. I see, is sttbbfiect toa penalty for now neglect of duty. The aw I thin reqnirea farther amendment.

In the these time, I am desirous to have Mr. Young's o iuioti, whether in issuing the Commis- sion the meetl of the new Assembly, the Lieut. Governor should follow the usual course. You will oblige me by forwarding this letter to Mr. Young, and, with his convenience. I shall be glad to beer from hint professionally through you.

Yours faithfully, . A. Basiissitait,Lt.0ev. How. It Hensley,

— -

- .-

O -a 3

C E

Mill!’ 9397510 *9-0 “'0 .90

Charlottetown, 6th April, I85-l.

Sir,

In reply to Your Excellency‘s enqjliiry as to what cases were laid before the on, Win. Youn by me for his opinion res tin the Sherigs return for the lat Electors District of Queen's Count . I beg leave to state that when the Hon. Mr. oung was in Charlottetown, I waited upon him, and handed to him the co _v of the Return and of our Elpctlon law. I a so informed him of it point omitted to be stated in the Return, namely that Mr. Coles had notified the Sherifl in writing that be abandoned the Scrutiny demanded by him. I also converged with Mr. Young. for some time, on the subpct generally : but did not submit any regular case

iiii So that the case on which his opinion was given consisted of the Sherifl"s return only, with the additional circumstance above alluded to of Mr. Coles’ abandonment of the scrutiny. As regards the subsequent o iuion on the foriu of Coiiiinisslon to be issu swear in the Members, the case submitted was Your Excel- lency’s Letter to me on the subject, dated'27l.h October, 1853.

have the honor to remain, c., &c., &c., Jossrii Iixttsur. Ilia Excellenorv,

Sir Alexan er Biinnerman,

Lieut. Governor, &c., the.

Tiruiismiv. April 6. BRIAST WORK AT can 'ritavs'.itsl'..

Hon. Mr. Loan, as Chairman of the Commit- tee appointed to report to the House concern- in the prayer of a certain Petition of the In bitiints of Ca Traverse and adjoining Settletnents, submitted the following Report :

“ Your Committee to wlicm was referred the Petition of thtvlnliabitaiits of Cape Traverse and adjacent Settlements (Lot 28), praying for it Grant ofriiouey, in aid of individual subscrip- tion, itmountin to £150, to enable them to ci-oi-ta Breast York at the entrance of Ca Traverse River, have to report that the won (I respectfully recommend the prayer of the Peti- tion to be com lied with; but, that, previous to till money ieing granted, our ommittee woiil suggest the propriety 0 [lie Excellency the Lieut. Governor in Counci appointing three competent and disinterested persons to examine the place, and. if found practicable, to select the most suitable Site wherecn to erect the contem liited Breakwater, together with an estimate 0 the probable expense of erecting the same, and report the same for the informa- tion of the House by its next Session.

S'g ) WILLIAI W. Loan, OBERT MOONIY, Jiiirxs ll. Connor, Giroiias BEER, JOHN McLtroii,

After some discussion as to the racticability of the proposed work, the probnb e expense of the same, and the propriety of appointing com- petent and disinterested ersons to examine the place, and report to t 0 Government con- cerning the scheme, the Report was ado ted by the House; as was also the sub’ ined ddross to His Excellency,—the Committee who had made the said Report and repared the said Address being up uititcd ii ommittee to pre- sent the same to is Excellency.

To His Eucllcncy Sir Aletander Barirterman, Lieut. Governor 4'c., ., etc. May it please Your Excellency,

The House of Assembl ._,haviug had under consideration a Petition rota the Inhabitants of Cape Traverse and adjoining Settlements have adopted a rt of a Committee on the subject. a copy of which is herewith transmit- ted to Your Excellenc ; and the House res- pectfully request that our Excellency will be

case to give efl‘ect to the recommendations therein contained and set forth.

VOTE ‘BY BALLOT.

Hon Mr. Waitsuii-rori, agreeably to a Notice which he gave, in the Orde Book. at the com- mencement of the Session rose in his place, and having read this subjoined Resolution, moved that the consideration of it he made the Order of the day for Wednesday next.

Ordered accordingly.

METHODIST CHURCH INCORPORATION BILL.

On motion ol‘Mr. Brett, this Bill was read a second time. submitted toa Committee of the whole House (Mr. MACGOWAN in the chair) agreed to therein without amendment reported accordingly, and ordered to be engrossed.

SUPPLIES.

The House went into Committee of Supply, Hon. Mr. Wsitstarou in the Chair. Having eat some time therein, the Hon. the Sriuua resumed the Chair, and the following Resolu- tions were re orted, and agreed to by the House: the ormer of which was moved in Committee by Mr. Fraser and the latter by the

Resolved, as the opinion of this Committee, That the Sum of £1361 be granted for Wharfs and Bridges, to be divided amongst the Three Counties in the following manner :

Quoen’s County,

An additional ‘um tocomplete

Fyfe’s Ferry Bridge,

Prince Count

King's County (Besides a sum suficient

for the completing of Souris Bridge)

261 £661

300

£1361 And that any sums which remain unexpeuded from last year's Appropriation, shall be laid out n n the objects for which they were intcn ed; and, if not wanted for such objects, where most required. Resolved, That a suficient sum, be placed at the disposal of His Excellency, to defray the expense of procuring a Survey and Report on the praeticabilit and expense of erectiri a Brca water at ampbelI's Cove (North Si ) lot 47. East Point.

ITIAM PACKET.

The Hon. the A-rrosirsv Gxirsasa, submitted the following Resolution, which, after some discussion, was unanimously adopted by the House ; the utmost hsrrnon of opinion revail- in . as to the necessity o procuring t e most efl‘cient Boat which an be obtained for the service, and the propriet of making: liberal vote for the attainment o the impor t object of the Resolution.

Rnsleed—That it be recommended to the House when in Committee of Supply to vote the Sum of Nine hundred Pounds, te p;l‘aced at the disposal of the Government of this lony, as a contingent sum for obhliiln the services of a good and sulcient Steam ance ofthe Government Malls,

ear between Charlottetown arid Plates, and

Charlottetown and Shediac; and tlmt provision

be made for a like sniri yearly, in case a 00:; out

tract be en nae gndh bile service for term of three Years.

And a 0 that an humble Addrel ‘ to His hstlleae

is I“ “Tim,” COCK

request that he will be pleased to cause a cor- rcspondenoe to be opened with the res tive Governments of Nova Scotia and New runs- wick with a view of ascertaining how‘ far those Provinces are rate with OI Island in reunlug it Steam t of at least Eighty Horse Power, twice a week between Charlottetown and Piotou and once a wee between Charlottetown and Sbediac, touching at Bedeque going and returning.

The ion. the Arroassr GINIIAL thcn sub- mitted the following Address to His Excellency, which was adopted b the House. and to pr sent which to His cellency, The Hon. the A'l"l‘0lNlY’GINIlAl., the on. the Com.-ital. Sacaa-rant’, and Mr. Wtoirriiari were appointed a Committee.

To Ifir Ercellency &'r Aleronrier Bomterman Lieut. Governor 4-c., 41.. 41:. . May it please Your Excellency,

The House of Assembly, having come to a Resolution with reference to the obtaining of an eflicient Staani Packet for the couve sites of the Government Mails, between this Co any an the adjoining Provinces, it copy of which is herewith submitted, respectful y request that Your Excellenc will be pleased to give chat to the wisheso the House as therein expressed.

‘P

TEMPERANCE. Fitmav, April 7. A number of Petitions were ted to, and received b , the House, prayin for the Abolition of t e Liquor Traflic.—- he total number of signatures to all the Temperance Petitions sent in, up to the present time, amounts 5075. 9‘ e consideration of the Petitions in te- vor of the Maine Liquor Law is made an order of the day for Tuesday next, llth inst.

IUPPLIES — GEORGETOWN rscitlr.

[Omitted under date of Saturday let Jfprt'l.]

Mr. Fit.iss:it. the Chairman of the House when in Committee of Sup ly, reported several Resolutions; the riucipa of them being the Salaries fixed by tatuto.

The question being put on all, they were agreed to with the exception of the Grant to the Georgetown Packet-—£80.

The question being put on the motion ofMr. Moo- ney, that the Grant for Georgetown Packet be re- duced from £80 (the amount reported agreed to in Committee) to £50, the House divided :—