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THE

HERALD, WEDNESDAY,JUNE .24.,“ 1868.

‘ . A” “M ,WWJflAma. .-_-.._. _.._..~__!§—§5 W1!- . , ,. , . . - -. . . e . » ~~ ‘ "‘W‘FWMMM‘ ’ Hair Cl ~»~~»~--~»~ ~~ ~ ~ ~ «r» « « -~ ~-—r~~~~~» , ~~- . . - “.11.... b Butlers nossmary senor. (GoshuedfrmaflretpageJ ’ the Island, had just as much to do. inclined to support the motion to extend mlImagffgéiflg'iwfflnTaliban: ovf elegant preparation for the Toilet and Nam

‘00. Isuppose I must take my share of lime- the blame that a better bill has not been LAND TENURES. presented. but I can only say I am sorry ‘ Committee on drs’urft'ftrs rcsumrti.-—-

” my '0'“ a"! "M "mm" m “ 5”“"i lion. Mr. Benn presented the fob

or extent. and that I failed to carry the - i ' . wind”. which l mom!“ would be mo“ lowmg resolution to the (.ommtttee .

I Hon. Attorney Gohcrai, and read a first |

efficacious. best adapted and most accept- I therefore leave your houses to deal with the bill as you I do not know that I shall interfere with. or offer any opposition to the principle of it, if your honors think proper to let it go into operation; butI think if it does pass. you will find an application to re- peal or modify it before runny days of

able to the Colony.

may consider due to its merits.

the next session pass.

Hon. Mr. Han-trons: : I must say that} am a little surprised at the remarks of bin honor who has just sat don n. more

particularly his concluding ones. for] was not

bill. But considering his honors. position --his high standin

as this. I look upon this bill as merely

acorntueucemsnt. and as a sign of in- If a few men have

creasing civilisation. been unfortunate in business, it is a bar- barous thing to keep them. as his honor from Georgetown (Mr. McDonald) said. continually in bondage. IIis honor who spoke last referred to the experience of other Legislatures. and I believe this bill has been copied from a law which has been In operation in Canada. and though

I would not pin my faith to the expo.

rience of men in other countries. for we

might differ in circumstances from Can-

ada as much as England differs from

France. yet the law which was found to

succeed there. might. with some modifi- cations. according to circumstances. no- awcr In our own Colony. Hie honor al. of: spoke of the appointment of a commis- sioner. and said he would rather see the Judgesof the SupremeCourt charged with the administration of this law. Well. I think his honor stated that when the bill was introduced into the House of Assam- bly. it was so framed as to place the Judges of the Supreme Court at the head of this Bankrupt Court. The committee thought that would be advisable. but the House of Assembly thought otherwise, and I believe the Attorney General voted against that provision. I think his honor also stated that it would be preferable that the Commissioner should be paid by a salary. and not by less. Now. we all know the feeling of independence a man has in receiving a good comfortable sal- ary. We flnd that feeling growing up in various departments. But in reference to this bill. it is not a subject of general interest. It will principally affect private individuals. creditors and their debtors, and therefore I think good reasons may be assigned why the Commissioner should be paid by fees and not by a salary. Then. without experience. it would be difficult to decide upon what amount of salary would be required. If the businens in the Court is to be very small. such'a enl- avy as would attract a man of good stand- ing would be too high. and though I do not speak with confidence on this point. I think the;Commissioners in other coun- tries are paid by fees and not by salary. Therefore I think it is right and proper that our Commissioner should be id by fees. Then his honor s eke] 0 there being no appeal from the missioner's decision, but when the bill was introduc- ed.:tbe Judges of the Supreme Court were to administer the law. and that being the case. there was no needto make provision for any appeal: but it is quite competent for his honor to introduce an amendment in that respect. I have been given to understand that this bill has not been brought forwardas a perfect piece of legis- lation, but will probably be supplement- ed by a Bankrupt Law at a future time. I must say I that a hill of such importance. no such length. shonldbe brought forward at such a late period of the session; but as it has passed the House of Assembly. where there are com- mercial men. I think we should try to reconcile the diflcnity his honor feels up- on the question.

The Bill was then roads second time and referred to a committee of the whole House. lion. Kr: Walker in the chair.

First clause agreed to, and second read.

Hon. Mr. Connor: It appears to me that that clause is objectionable. As the law stands, the insolvent debtor has to make oath that he has not made over his prxarty fraudulently—that he has not as a it ever since the debt was contractp ad, but by this bill. if I am not mistaken. be may make over his property and walk clear.

Hon. lIr. HoDouaan: This clause goes somewhat further than that. for the debtor is to show that he has not given undue preference to any one creditor. If it can be sb’orzudtlpt I've has eonv edhia property neent.or if bezas modes preferential assignlnent of his estate. he will be deprived of the benefit of this Act.

Hon. Mr. Amuse: : Yes. but it is conloed to three months, and a debtor may have made over his property more than three months before an action is commenced. I think he should show that he had acted. honestly with his credit- ors stall times. ‘ _

"Hon. Mr. Halloween: I think his

honor is under a mistake. The debtor M

has to show that he has not onl noted honestly during the listen moot . but throughout his whole business transac- tions. If a creditor can show that the debtor has rustle any preferential assign- mentof his pro y. be witlnot banis- charged froqh obligations.

The House was then mounted and W“ wv

Adjourned till fear o‘clock. p. ta.

svrsaaoou master.

The spprogiatiou Bill was brought upfro- the ease of Assetsny by the

prepared to hear him oppose the

at the bar. and one of.our principal lig to in points of law in this IIouso—I would attach importance to his opinion. more particularly as I am not very well informed upon such matters

rangement

"Il’rsulnnl. That a Committee be ap- "minted to collate the Journals of this House. and other documents. and make extracts therefrom. bearing on the question of the land tenures, for the purpose of having the same published in psm blot form. and supplied to members 0 the Iiritish Parliament. and others whom it maybe desirable to provide with informa- tion concerning this important question."

On resenting this resolution. his hon- or sai he believed the members of the British Parliament were not informed.» they should be. with respect to the affairs of Prince Edward Island. They did not know that this Island was in n difleront position from the other colonios—-that the soil of this Island had been granted away many years ago to persons who had claims against the British Govern- ment. These claims should have been discharged in a different way: the ex- pense should have been borne by the tax- payers of Great Britain. but instead of that. the soil of this Island was granted away, and thus we were left without that proper source of revenue. while the neighboring colonies had their wilderness lands to support their civil list. These matters were not known to the members of the British Parliament in general. and we had not been treated well by the Secretary of State for twenty or thirty years. with reference to this question. He. therefore. thought it was desirable that all the information on this subject that could be collected. should be brought together and published, and a copy of it forwarded to each member of the British Parliament. and also to British journal- ists. 'so that they might know the disad- vantage we labored under.

The House was then resumed and progress reported.

A bill was brought up from the House of Assembly by the lion. Attorney Gen- ernl. to empower the Government to ex- pend tcu thousand pounds in the purchase of lands. The said bill was road a first time and ordered to be read a second time tomorrow.

APPROPRIATION BILL.

On motion of the lion. Mr. Mne- Donald. a bill to appropriate certain monies therein mentioned. for the service of the year of our Lord one thousand eight hundred and sixty-eight. was read a second time and referred to a Commit- tee of the whole IIouse.—-Hoo. Mr. Beer in the chair.

STEAM COMMUNICATION-—

KING'S COUNTY.

Hon. Mr. Dmcwau. said he did not see why, when a grant was given to en- courage a steamboat. or a sailing packet. to run to Souris and Murray Harbor. Grand River should be overlooked.

Hon. Mr. MCDONALD was sorry the people had not their own interest so mucb'at heart as to send in a petition if they required a boat to call there. The

Government had taken the matter in

hand more than the people themselves. for. if there wasa sailing packet. ar- might yet be made to have it call at Grand River. where

he had no doubt but. it would get a good deal of freight.

Hon. ldr. Wanna remarked that

Grand River was as much entitled to be made a Port of call for a steamboat

as either Souris or Murray Harbor. and

if the people had slept upon their rights. their them.

representatives should protect

Hon. Mr. Hermon" said that no

part of the country was intentionally overlooked. but it was necessary to be careful not to incur unecessary expense.

Hon. Mr. McDouaw said the steamer

which ran to Souris for a short time last summer was considered too small and

there was not water to admit a larger one; therefore. in case a steamer should not run this year there was some provi- sion made for a sailing packet. and if one should run he had no doubt but it would call at Grand River. POSTMASTERS.

Hon. the President said he did not see why extra sums should be given to some postmasters. He did not see. for in- stanca. why the postmaster at Tigoish should receive more than one at New

Inudon. who. he was sure, had so much J

to do.

lion. Hr. McDotuLn observed that he believed the amounts to poetmasters had been brought in by a committee appoint- ed by the House of Assembly. The postmaster at Summerside had addition. al Hello to make up. and therefore was entitled to an additional amount of salary. There was no additional amount for the postmaster at Georgeto we. though be

ad a great deal to do.

Hon. the Passrnntrr said that if the whole subject were taken up and some general arrangement made. it would be more satisfactory than the present mode.

Hon. Hr. MscDonsno agreed with the President that this sub' t should be taken up at the next sees no. and a fixed amount paid to country poetmasters of a certain class. according to the postage stamps sold. or a general arrangement made according to some scale. As it was at present it might have a tendency to make some postmastors feel dissatis-

Roa. llr. Drunwau. approved of the suggestion to have the whole subject thoroughly investigated so as to make some general arrangement. The poet- master near where heteelded hada eat deal to do. The mail from Char otte- town did not arrive at any re lar time, but at diderwnt hours of the n ght. some- times at daylight to the morning.

Hon. Hr. Wanna could not see why the postmaster at Tigsieh should get a special grant. He believed the one at the East Point. the other extreme and

but there was no special grant for him.

The House was then resumed and the bill reported agreed to. and then. no mo- tion of the Hon. Mr. MacDonald. it was read a third time and passed.

UNFORTUNATE DEBI‘ORS Ill LL. Committee Tf'dflnlt‘d.-—

Hon. Mr Murmmsn: This is a very sweeping bill. and I believe it will inter' fore with half the business in the countr . I am. therefore. of opinion that it shou d not go into operation so soon as the first of August. I would suggest that the time be chsbgcd to the first of January.

"on. M MACDONALD: I cannot agree with s honor. for. if the bill is to be any ben’ t. tip sooner it goes into operation t better. I presume those who introdu' the bill felt as much in- terest in it any of your honors and I see no reason to change the time the House of Assembly have named for it to go into operation.

Hon. Mr. Artuvzusort; I approve of the suggestion to extend the time when the bill will go into operation, for it is a very sweeping measure.

Hon. Mr. BEER: The bill should be publishedtfor some time before it goes into operation. It will probably be twelve months before people will know how it will work. I think the first of January will be soon enough for it to go into operation.

IIou. Mr. Lotto: I am also of opinion that thctimo should be extended. I do not thorettghly understand the bill. for it is so long and complicated it would al- most take a Philadelphia lawyer to ex- plain it. The bill to abolish the usury laws does not go into operation for two years. and six months at least should be allowed before this one would go into operation.

IIon. Mr. Bamnusrort: It is a very cumbrous 'cco of machinery notwith- he talent and ability em- framiug it. I think it ishcd for some time. and fore it goes into operation.

tutunmu: I do not wish dos opposing the bill; I merely wish I. extend the time when it is to go into operation.

"on. Mr. LIM‘DONZIIJ): I am sur- prised nt his honor. for he snys he does not wish to oppose the bill. and yet he does not wish it to go into opern'ion. llis honor from the first distric. of Queen’s County. (Mr. Holden-ton). said it was a cumbrons piece of machinery. but I think it is as simple a bill as ever I saw introduced. or as could be intro. doced upon this subject. It is merely extending the privrlegcs oi the Insolvent Debtors‘ Act. by giving a little more power to a Commissioner than is new possessed by the Magistrates under the Small Debt Act. I think the sooner it goes into operation the better. Three tnonths will be ample time for those who are concerned in the bill to make them- selves acquainted with it. If the sug- gestions of his honor from Summerside were adopted. the Legislature would meet again before we would have an oppor- tunity of knowing how the act would work.

Hon. Mr. Lone: It is impossible for any gentleman here to say how the bill will work. and we should be careful not to injure the credit of the colony. I think it would be an inducement for parties to go into debt. for a man must be in debt to the amount of £l00 before he can take the benefit of the Act. I will not oppose the bill. but’I would like to see the time when it will go into operation extended. and. therefore. more that the word “ August " be struck out and the word “ November " inserted in its stead.

Hon. Mr. D!N(t\\'l:l.l.: I have no doubt but the bill will be a benefit to many in- dividuals, and there is very little to be gained by putting a poor luau. who is unable to pay his debts. to jail. It is cal- culated to relieve unfortunate debtors from the hands of merciless creditors. for. if a man gives up all his property. why should he be deprived of his liberty ? Then. Ido notsec any reason why the time mentioned for it to go into operation should be extended. If the bill is wrong. why pass. it all.and if it ts right, why not let it go into operation as soon as possible

"on. Mr. Ilsmsusrox : It is very bad olicy to keep a poor and honest man in .il. but we should remember that there are unfortunate creditors as well as no- fortunate debtors. We should, there- fore. be cautious in passin such a bill as this, and I would not low it to go into operation for another year.

IIon. Mr. Dixon's-Lt. : I cannot under- stand why any person should advocate such a course. What service is the body of a debtor afler be has given up all his effects? It is seldom that any good results from putting a man to jail for debt. If a debtor has given up all his property honestly, let him be a free man.

"on. llr. I‘sratnn: No person will op— pose-that principle. that if a man conducts himself honestly. and has been brought to reduced circumstances by misfortune then it is right and proper that there shon d be such a law as would enable him to be re- lieved of such eutramtnols as would prevent him from going into business s sin. But with all the laws they have M in other countries. they have never attem ted to frame one for the honest and aunt tor for the dishonest man, and the great difficulty is while you extend relief to the unfortu- nate man. to extend it to him alone who has been unfortunate. It is very diacntt to define that code of laws which would

rotoct the creditor from bein defrauded of

is property. and yet vs rel of to the un- fortunate debtor. Th bill isexpoviasontel. for we mount tell what the consequence of it will be. or how it will operate. It may interfere with contracts to the amount of thoussnds. or tens of thousands of pounds. The object in extending the tints for the

interfere with contracts already existing. We should,tberefore.be deliberate fulfilling such slew sethis in operation. a I sat

Bill togo into operation is that it may not alvead

the time.

lion. Mt. Gannon: Ingres with his bou- or whalin- inst spoken. that a_bill of this him! should ttot be put into 0‘ oration too suddenly. i fear the effect 0 it will hr to overturn half the business of the country. We know very well that business cannot be carried on here without credit. and it appears to me that the effect of this bill will be to stop credit. From my exporient'o iu the insolvent debtor‘s cunrt.I not led to apprehend dangers from this bill. I have known cures come in to court and when the order was made. the debtors would put their hands upon their pockets and soy “ the money to here. get It it you can."

The committee divided u n the motion that the word " November' be substituted for " August.”

Contents—lion. Messrs. Lord. Palmer. Anderson, Gordon. Muirbead. llnythurnc. Beer and Ilsldt-rston.-~8.

Non-Conlrnls—llon. Messrs. McDonald. Diugwcll and President—ll.

So it passed in the alilrmntivo.

The Home was then resumed and the Chairman reported the bill agreed to with certain unwndmuutu.

lion. Mr. Gonuox obtained leave of absence for tlw remainder of the session.

ADDRESS ’I‘t) HER MAJESTY THE QUEEN.

Hon. Mr. lltn'rumtmt. from the joint committee of the Legislative Council and House of Assembly. appointed to prepare an Address to Her Majesty the Queen. on the sub’cct of the annual grant. for the pay- ment 0 the salary of the Lieutenant (silv- ernor of this colony. presented the follow- inndvaft thereof which was ngrccdto by the House :

To the Qucrn'e‘ I’llost Errclfruf r’llujnfy. Mus'r Gtttmous Suvuamux:

Wu. your Mnicsty's‘loyai and obedient Subjects. the l. 'gislatit'l Council and House of Assombly of Prince Edward Island. in Colonial l'nrliotnont assembled. ling pm. mission to approach your Majesty with ex- pressions of our loyal botuugo uud dutiful affection.

We pray your Majesty to permit us. OIK‘L‘ more. to bring the affairs of this lshtml to your ltnyul notice. and that your Majesty will be pictured to lend u gracious our to this our humble l’ctitiunaml Memorial. And. in order clearly to explain the nature of our application. We hog your Majesty‘s gracious permission to set forth.—

Fir." : That dun ing their present Session. at llcnputcb from your Majesty's Principal Secretany of State for the Colonies. to tilt- ideutcmtnt Governor ofthis Island. hearing date on the ldth day of October. 1867. is laid before both llrnncbcs of this Logislu. turn. by command of your Majesty's Representative. wheruiu reference was made to certain Communications addressed by the Right Honorable Edward Cardin-ll. formerly St't'l‘l'lill'y ofState for the Colonies. to Lieutenant Governor Duudns. ou the suhject of the salary of the Lieutenant Governor of the Colony: and in the some lie-patch i: is iurtlu-r intimated by his Gmoc tho Secrctary of State that provision has been made in the Imperial Estimates for the payment ot the said Salary up to