The Quebec gazette = La gazette de Québec, 30 juillet 1851, mercredi 30 juillet 1851

[" ESTABLISHED 1764, THE QUEBEC CAZETTE 18 PUBLISHED, Three times a week, viz.:\u2014 Mondays, Wednesday and Fridays, by\u2014 R.MIDDLETON, AT THE OFFICE, NO.19, MOUNTAIN STREET, VEBEC TERMS.\u2014 Twenty Shillings per annum, payable half-yçarly in advance.ADVERTISEMENTS\u2014Delivered in before two o'clock, P.M, on the day of publication, in sertoil according to written orders ; or till forbid if no written diroctions,\u2014at 2s, Gd.for six lines and under, first insertion, and 74d.each subsequent insertion ; for ten lines znd above six, 3s.4d.first insertion, and 10d.exch subsequent insertion.\u2014 For ten linas and upwards, 4d.per line, first insertion, and 1d, perline (or each subsequentinsertion.\u2014 Advertising by the year, as may be agreed on, ¢3° All communications must be post-paid.ATTENTION! TO FARMERS.NXIOUS to avail myself of every facility to secure an extensive circulation to the JoursaL, 1 have made successful application to the Hon.Mr.Morris, Pust-Master-General, to send the French Journal and Circulars to all parts of the Province freu of postage, for eix months.At the end of that time it is hoped that free postage for papers and periodicals will become a permanent thing The work will be inereased in value and interest, by the introduction of Disarans of the Fixtures and IMPLEMENTS of ll usnANDRY, together with PLANS of Mopenw Farm BuiLpinGs, and descriptions of the Lest variety of Fruits, Hustrations of Domestic Ani mals, &e.As Publisher of the AantcurTunaL Jouryar, 1 have wished to visit Agentsand Subseribers to the Work, in thedifferent parishes in Canada, to ascertain the interest felt in its prosperity, and awaken i possible a fresh zeal in the cause of Agricultural im- prevement.This 1 have done to some extent 5 but | regret that business here, obliges me to defer for the present many of my propused visits.1 have, there fore, conceived the idea of addressing this Circular to the Clergy and Agents.confident that they will feel deeply interested in the wide dissemination of the Work, and cheerfully distribute the Circulars in an advantageous mannsr.1 have not sent the JOURNAL in every case where there were Subscribers before, for these reasons :\u2014I had no means of knowing who would continueit; and 1 thonght it better to wait, being assured that all who wished to obtain the Work would give me notice.1 trust this may be a satisfactory explanatior, and that 1 shall receive orders from every quarter fully proportioned to its importance.The Jourxat contains 32 pages Monthly; is published wt §1 per annum in advance ; and any one obtaining new Subscribers, on remitting £5, will be entitled to Six Copies for one year.AGENTS and SUBSCRIBERS are requested to remit immediately to the Publisher the amount due the Society.Also.a CORRECT LIST OF SUB- SORIBERS in their respective Localities.Care will be necessary, in giving the address, to write plainly, that all irregularity may be avoided.E.R.FRECHETTE, Quebec Agent for the French GEORGE FITCH, far the English.ROBERT W LAY, 193 Notre Dame Street, Muntreal.| âth July, 1851.esa ming 5 Crows Lans DEPARTMENT, Montreal, 21st June, 1851.IS JEXCELLENCY THE GOVERNOR GENE- BAL has beeu pleased tu appoint JouN Nose, lisquire, of the Township of Leeds, Agent for the sale ot Crown Lands in the Townships of ali fax, Iuverness, Ireland.l.eeds, Nelson, Somerset and its Augmentation, in the County of Megantie, Lower Carada, in the room of Walter Hargrave, Esquire, resigned.Ttive weekly insertions of the above in English, in the Quebec Gazette.\u2014\u2014\u2014 CROWN LANDS DEPARTMENT, Montreal, 12th July, 1851.18 EXCELLENCY THE GCVERNOR GENERAL lias been pleased to Appoint IGNACE PIERRE DERY, Esquire, of tho parish of St, Raymond, Agent for the Sale of Crown Landsin the Township of Gosford, and in the projected Townships of Colbert and Roquemont, in the County of Port- neuf, Lower-Canada, forming herctofore part vf the Ageney of Amable Bochet, Esquire.43\" Five weekly insertions of the above in English in the Quebec Gazette, THROUGH LINE.\u2014 EXPRESS AND FREIGHT FROM QUEBEC AND MONTREAL, TO HEAD OF LAKE ONTARIO.EXPRESS LINE.THB STEAMERS CHAMPION, (New, to be out early.) COMET, Carr, O'Conogg (Until New boat is ready.) 1TH Upper Suloons, and in all respects JGitted up in a superior manner, will run with passengers and light freight.FREIGHT LINE OF FIRST CLASS Steamer COMMERCE, Carrais Purpy.\u2014 WESTERN MILLER, \u2018\u201c Coounrax.\u2014 SCOTLAND, « Marsa.With the above five\u2019 steamers, which willoffer very nearly a daily departure from each end of the route, there will be no trays-shipping of freight.In addition to the foregoing, tha Subscribers huve a fleet of firat class Schooners, of model adapted to the Through Tare, thus affording facilitirs and means of despatch not surpassed by those of any other Establishment.McPHE & CRANE.MoPnenson & Chant will make liberal advances on all descriptions of Produce when placed in their * Blores at Hamilton, Dundas, nnd Port Stanloy, and n Kingston at the foot of Princess formery Hooker & Holton, and consigned to hem for sale.0 They- will also be prepared, as horetofore, to transport Property trans-shipped at Kirgston, to Montreal, and Ports on Lake Champlain.16th April, 1851.Private Boarding House.RS.WHEATLEY can accommodate two or three Ladies and Gentlemen, with Board and Lindging, at No 44, Bt, Afime Street, op posite the English Cathedral.Terms moderate.Quobee, 80th June 1851, Tan Intelligence.\u2014 IN THE CIRCUIT COURT, QUEBEC.A.MeLean, Plaintiff, No.1012, ts.J.McCormick, Defendant.Power, J.\u2014The action is for the recovery of the amount of a promissory note, to which the defendant files u plea of general issue, or défense au fonds en fuit and also a plea of peremptory exception, wherein he admits the making of the note and alleges payment, which he has failed to prove.-\u2014The plaintiff who hus not adduced any evidence, prays for judgment upon the admission contained in the peremptory exception.On the other hand, the defendant demands the dismissal of the action, upon the ground that the general issue rendered it incumbent on the plaintiff to prove the making of the note, and morcover that the admission and allegation of payment contained in the exception, being indivisible, the exception, if entertained at all, must Le taken to be true in the entire, and the sum demanded considered as paid.\u2018The two questions which arise here, 1st.whether the general issne is compatible with the plea of payment, and 2nd.whether the admission of the defendant in his plea of record, exempts the plaintiff from the necessity of proving the facts so admitted, appear very plain and simple, and they are really so.There is nu renson or law that 1 am aware of, to prevent a defendant from filing as many pleas to an action as he may see fit, provided they are cousistent and not contradictory with each other; but as our law requires the pleadings to be in good faith, at all events to have the appearance of being in good faith, which is all that can be exacted, J hold it tu be illegal, because it is im= moral, to permit a defendant to prevaricate hy saying in one plen\u2014\u2018\u201c Yes, | made the note,\u201d and in another\u2014\u201c No, I did not.\u201d Where, in the ordinary affairs out of court, à man is called upon to answer a question or à demand, he ean- not venture to give contradictory answers without incurring the imputation of being a palpable shufiler and liar, and, therefore, it is highly improper that he should be permitted in a court of justice, a place sacred to truth, to perpetrate that which the smallest share of integrity or regard for his reputation, would prevent him from doing elsewhere.By the I'rench law contradiction, as opposed to goud faith, either in pleading or in proof, would be taken against the party guilty of such contradiction.\u201c Des preuves de fait que les parties em- * ploient par les écritures et plaidoirie.Ces \u201c preuves sont de deux sortes ; les premières, * celles qui résultent des titres et pièces.Les ** secoudes, celles qui résultent des aveux, con- \u201c* sentements et contradictions d\u2019une partie, soit \u201c dans ses écritures, soit duns sa plaidoirie \u2014Pi- \u201c geau vol.1, p.218.Les contradictions \u201c sont regardées comme preuves du fait denié, lor-qu'elles sont essentielles.Si elles sont $ d'une force moyenne, elles peuvent être re- * gardées comme un commencement de preuve ** seulement, que le juge eumplette, &c., &e\u2026.\u201c Cependant une contradiction complette a plus \u201c de poids qu\u2019un simple aveu, parceque celui \u201cqui y tombe se faisant passer ordinairement \u201c* pour un homme de mauvaise foi, on ne pré- © sume guère qu\u2019il la fasse de dessein prémé- t diié.\u2014ib : p, 289.Îte who pleads payment is Lound tu prove it, and the defend nt having offered no prouf of his nlleged payment, and as on the part ol the plaintiff it would be unmeaning and useless to prove the making of the promissory note, be- cise the most solemn and formal proof of that fact, is the defendant's admission of it on the record, I should limit my observations in jiving judgment in favor of the plaintiff, upon the questions under consideration, to the plain and unsophisticated reasons | have mentioned, were it not that these questions have of Jae years assumed a strange complexity, by having interwoven with them another question, vf a subtle and refined nature, namely, the question of the aveu judiciaire, which in the opinion of many.justity (he use ol repugnant and incousistent pleas.The result however is, that the general issue and plea of payment are now almost always filed together ; as if the object of justice required it\u2014as if the diguity and importance of truth could only be ascertained by a :tandard of prevarication.\u2014It becomes therefore necessary for me, having expressed my opinion of the case in its simple and natural form, to examine it in the more complicated aspect given to it by men of the highest judicial position.Ln duing so, 1 trust that my exposition of the matter will not be misunderstood, as evincing an undue confidence in my own judzment, or want of respect for the opinions of others.By the rules of practice of the late Court of King's Bench for the Distriet of Quebec, adopted iu the year 1810 and continued in force down to the !71h December last, the general issue and nn affirmative plea admitting and avoiding the debt, were permitted to be filed, at the sume time, to the same action.\u2014The first question of pleading under these rules that occurred, was in the same year, 1810, in the case of Forbes vs.Atkinson, reported in Stuars reports p.106, and also in Pyke's reports, upon which the late lamented Chief Justice Sewell entered into au extended\u2019 consideration of the subject of plund- ing in general, and the adaptation of those rules to the ends of justice.\u20141lis elaborate judgment covers cight closely printed pages and cum- mences thus :\u2014 Logical, distinct aud consistent pleading is ** essential to the right administration of justice, and to facilitate the attainment of this im- \u201c portant object the several forms of pleadings * coutained in the appendix to the rules have been prescribed.The principles upon which these form are founded should be thoroughly * understoad, and 1 shall avail myself of the % opportunity now offered 10 explain them gen \u201c erally,\u201d Ile then went into a wide range of explanation, quotinz largely from the French and English writers on pleading, and concluded without any allusion to the incompatibility of the general issue with the plea of payment, or the slightest attempt to reconcile them, as logical and consistent with each other.Nor was it possible for him to do su ; for the rules were an amalgamation of the lrench and Enulizh systems of altercation, considered necessary on account of the trinl by jury in certain cases.\"I'he tendering of issues unknown to the French law, each issue often purporting to be contra~ dictory to, and inconsistent with, the other, could not harmonize with the contestation en cause and instructions of the French system, which required all the proceedings to be in good faith.\u2014 A union was, however, effected of two systems, wherein ong is only permitted to exist.on condition of coustantly violating its own principles; and yet even by this sacrifice, it ohly obtains the groatest share of the avils, with the smallest part of the advantages of the other system.The practice, however, of filin thone contradictory pleas continued and.stil continues, with this very remarkable difference, that down 10 the year 1838 whenever the gene- rl issue and plea of payment were filed together and no proof adduced in support of either, Alo general imue was considered inoperative: \u2018 WEDNESDAY, and neutralized by the ples of payment, and judgment invariably given upon the admission in the plea, when sufficiently ample, in favor of the plaintiff.\u2014The correctness of this mode of decision was once questioned and maintained in the year 1820, for I find in the 3rd vol.of the Revue de Législation et de Jurisprudence this citation :\u2014 \u201cIf a defendant by exception admits his \u201c signature to » promissory note of hand and pleads a term for payment, it is not necessary * for the plaintiff to prove the signature, even \u201cif the exception be dismissed, and thereis a 2 défense en fait.Vallières ve, Roy, 1820, No, 60.\" According to these decisions, incon-istent and incompatible pleus, introduced as part of the system to which they belonged, were per- feetly innocuous and had wo effect ; for whatever was admitted by the plea of exception, was s0 much, which rendered proof thereof unnecessary ; but when in 1888 the Court was recomposed, new decisions established a new jurisprudence, giving cfect to the use of those inconsistent pleas, and, in a case such as the present, holding one plea fo be indivisible and the other a denial of the debt, dismissing the Plaictifi\"s action with costs in favor of Defendant.This practice Lins continued hitherto, founded, it is said, upon the doctrine laid down in the French nuthorities upon the indivisibility of the aveu judiciuire.Let us examine for a mo ment how this doctrine, which is derived from the Itoman law, is applicable \u2014whether to the defendant\u2019s voluntary plea, or to his statement when called on to answer upon oath, (for each party was permitted tuo have the other examined before the Prator upon vath.Licentia in omnibus his concedenda adversario jusjuran- dum inferre.Dig.L.22, Tit.3, e.4 de pro- bationibus,) or to both.In civilibus confessio non scinditur, verum qui dicet, mutuum dedisti sed solvi, non est securus, In civilibus ergo scinditur coufessio ?sed tune quia duabus enuutiationibus utitur, non zutem fatetur qui ita excipit, solvi actori quidquid debeo- Non utique existimatur confiteri de intentione adversarius, quia exceptione utitur\u20141.42, T.2, Cod.7 de confess in jure.Ile, therefore, who thus excepts does not confess, although he admits the dent, for he adds that he paid it, and the same honesty which dictated the admission must be held to pervade the remaining part of his answer, The indivisibility of a Defendant's answer upon oath is, in many cases, À think, correct ; but not as a general rule; for, if so, the exceptions to it are 50 numerous, as to become as hiroad as the rule itself.Here is one :\u2014upon an action for rent for the use and occupation of a house, the defendaut, by his answer, admits the us¢ and occupation, but adds that he paid the rent,\u2014 Here the answer ought to be divisible, for as his use and occupation of the house could lie proved by all his neighbours, his admission onli not to entitle him to Lave his assertion ve pay- went taken as true wihout proof thereof, Tt is only in cases where the fact is susceptible of no other proof than the defendant's own oath, and where, ifdie were dishonest, ie mi ht deny the debt with impunity.that his answer is indivisibles Where, for instance, from mutual confidence money is-Jent aud returned without the precaution of having a writing respecting it or witnesses present.} admit, therefore, the in- divisitiility of the aveu as a correct principle of law, and not ae a general rule, for that would be hasty generalizing.But each principle shouhl he confined to its own appropriate sphere of action and not taken to subvet other principles of law equally well established: such as:\u2014 probare debet qui excipit, actoris enim partibus fungitur, Agere is videtur qui exceptione utitur, nam reus in exceptione actor est.Pro- bare debet qui pecuniam sulutam uffirmat.Dig.L.22, Tit.2, cod.4.That the defend- aut, by his plen, admitting, affirming and avoiding, becomes the actor.That he who alieges paymeut is bound to prove it.That facts patent upon the defendant\u2019s plea need no proof on the part of the plamtiff.That every admission made in a plea is taken most strongly against the party making it\u2014 for he is supposed tu favour his own cause\u2014are all principles of law, which, in my humble opinion, have been overturned, by the application, or rather misapplication of the doctrine of the indivisibility vf thu aveu judiciaire, to pleadings.It will be unncessary for me to cite here all the opinions of the French Juriats who have commented on this subject, as there is an able dissertation in the 1st vol.of the Revue de Jurisp., commeucing at page 18, under the sig- uaturo * M,\" and also a conflicting article in the same volume, p.191, in answer to « M,\u201d wherein those opinions are set forth.1 have gone over the authorities cited by both these writers, and coneur with * M,\" who în à strain of the must cogent and enlightened reasoning, combats the juterpretation which the Courts have lately put on the indisisibility of the avez, and shews that, whenever it is applicable, it refers to the answer of the defendant on oath, aud not to his pleadings, 1 shall, however, take up here the strongest authorities cited, by which it would seem to apply to pleading.As to Pothier, Touillier and Merlin, they treat of it solely with reference to u confession, and the question in the 2nd Pol.Cochin, p.689, his 40th consultation, was, * si \u201c Ion peut diviser Ia confession d'un debiteur \u2018qui n'est point obligé par ecrit,\u201d and although Mr.Cochin admitted, that under a similar circumstance to that submitted to him, there was a recent decision of a Court that it was divisible, yet he was of vpinion that it was not; because, said he, * commet (his clieut) n'etait pas uLligé par aucun act de sou fait il n'avait aucune décharge de se procurer, l.es obligations se detruissent de ln même manière qu'elles se contractent.\u201d This, then, is not a question of pleading, but refers tv a confession, and is a corollary to the rule applieable to a written deed.Absolvitur eo ligaming quo ligatur, ** Exception proposée n\u2019est pms censée admettre la demande ; ainsi celui qui propose l'exception de payment n'avoue pas la dette.2nd.Despiesse Tit 6, No.5.\" Nothing can be more true or clear than this\u2014but does not the onus propandi fall on the Kxeipient ; must he not prove his payment, and, failing to do so, lose his cause ?\u2018 Celui que excipe ne conf sse qui condition- ellement, c\u2019est à dira, en cas que le demandeur fasse preuve de sa demande.\u201d Denizart Verbo Exception, No.11, (old Edition.) 1t is worthy of remark that in the new Edition of Denizart, * Corrigé el Augmenté, par M.M.Camus el * Bayard, Avocats au Parlement,\u201d this citation is omitted, For the Defendent to confess only in case the Plaintiff could prove his demand, must have struck the new Editors, as repugnant to good faith and the spirit of the French Law.Let 2 È \u2018 Par la commune disposition du droit, le Defendeur quand ineme il ne prouverait pas son exception est toujours en voie détre renvoyé abavus, si le Dewandeur ne preuve sa demande.Actore non probante rens abaolvitur.\u201d 1 Bornier, p.88.\u201c Le Demandeur doit prenver le fait qui sert de basse À ax Pretention et tomme le Dofendeur 80rn JULY, est toujours assimilé au Demandeur lorsqu\u2019il avance quelque chose dans ses exceptions c'est à lui À preuver le fait sur lequel il appuie sa defense.Mais celui ci n'est tenu A cette preuve que lorsque celui la a verilie lo fondment de sa demande.\u201d Guyot Rep.Vo.preuve vol.13, p.562,\u201d \u2018The reasonable and proper interpretation to be given to these two last authorities, is, that if the admission in the plea of exception be not sufficiently ample, to enable the Plaintiff to point to it as the full proof of his demand, then he is bound to complete his evidence before the Defendant can be called upon to prove the matter in avoidance ; und this is the true application of the aphorism,\u2014* Actore non probante reus absolvitur,\u201d for there can be uoth- ing more illogical and absurd than to call upon the Plaintiff to prove in his favor, that which his adversary alleges to be true.Guvot in enunciating the ductrine of the Roman Law on this point, and puzzled perhaps by its subtlety, concludes the article from which the above extract is taken in these words: ¢ Tels sont les prineipes qui servent dans chaque affaire À re- soudre la question de savoir sur quelle partie doit tomber la preuve.Il est quelquefuis dun- gevreux de les appliquer séparément ; le plus sûr est d'en considérer toujours l'ensemble, avant de prononcer sur la question dont nous venons de parler.Isolés, ils peuvent être faux dans certains cas ; réunis, ils s'expliquent, se modifient toujours les uns les autres, et assur\u2014 eut la marche du juge dès le premier pas qu\u2019il fait dans la recherche de la verre.\u201d lu turning 10 the English practice it will be observed that although the decision of a cause must be * secundem allegata et probata,\u201d yet rules of pleading are not to Le confounded with rules of evidence.In Stepheus, on Pleading, page 342, it is nid down as a rule, that\u2014 \u201c It is not necessary in pleading to state that which is merely matter of evidence ;\" in other words, it is not necessary in alledging a faet to state such circumstances as merely tend to prove the trath of the fact, and, in note G., in the same page, * Evidence shall never be pleaded, because it tends to prove matter in fact ; and therefore the matter in facr shall be pleaded.\u201d Dowman\u2019s Case, 9 Rep.9 v.Ev lon ve.Settry, Willes, 131.7 Dighy vs.Alexander, 8 Bing, 116.The important rule of English pleading \u201cthat every pleading is taken to admit such ¢ traversable mutters alleged on the other side, \u201cus it does not traverse?is now the lawofl Lewer Canada, introduced for the first time by our new Judicature Act 12 Vict, cap 38 sec, 85 in these words :\u2014 in any pleading in any + contested civil case, every allegation which ¢¢ the opposite party shall not expressely deny \u201car déclare lo'he unknown to him, shall be admitted by him.\u201d> This isno new principle, although it does not appear to have existed in the civil law, non ud effectum exceptionis per- linet quod reus excipiens hoe ipso futeri videre- tur de intentione actoris ; but we find that it Was established in (he couts of Normandy from whence the English derived it; forit is lait down in the Commentaires de Lerrien, * Quund les Parties procedent lun afferme SJuicts\u2014si la partie contre qui les facts sont affermez n\u2019en donne neance, les faicts affermez demurent pour confessez 5°?and inthe same work this further rule is stated :\u2014 II est defendu de dire je denie vostre faict, et neantmuvins, je le defens ; qui est à dire que Gand prouve sernit, je bv soutiens impertinent, It se faut a\u2018rester a l\u2019une des fins 3\u201d?which means, he must make his election of one plea or issue, ** Ifthis latter rule, so consonant with truth and reason, had alse beenadopted in England it would have removed an immense number of the difieulties that ocenr in the practice there, resulting from the light of reason, bursting through the mind of the judge and in ducing him to disenthral himself from the trammel of a statutory \u2018enactment, of which I shall presently speak, and which has no hold upon us in this country.By the English system of pl-ading which is as admirable for the logical precision by which an issue is raised and the controversy reduced to nue point of enquiry, as it is remarkable for that most ahsurd Paradox, the permitting a general issue and plea of payment to be filed at the same time tothe same ceuse of action, such a question as the indivisibility of the allegations in a ples, could never occur, for every thing admitted on a plea, is taken asso mnch proved in relation to lhe particular issue.\u2014If it were otherwise, there could be no issue, To hold that the allegations are indivisible, is to destroy the issue j beéause it is the traverse, i.e.denial, that raises theissue.Thus :\u2014ac- tion on a prom : note \u2014plea pay ment\u2014replica- tion\u2014a traverse, that is a denial of payment\u2014 this creates the issue\u2014one point only\u2014 payment or no and the proof rests with the defendant, Ifthe plea admitting the making of the note and alledging the payment thereof, were indivisible, then, the plaintiff could not traverse it.hecause his traverse would not only deny the payment, but also the making of the note and thereby contradict his own declara- tion\u2014no issue therefore upon an affirmative plea, can ever be raised, but upon (he ground that the statements in the plea are divisible\u2014and it will be remarked that by the rules of practice published the 17h December, the pleas in Lower Conadp are required to be issuable\u2014see the 42nd rule of the 9th chapter, \u2018¢ that as soon ¢ as the issue or issues of fact shall be perfee- \u201cted in any cause, either party may inscribe.\u201d &e., and such had been the case during the preceding forty years under the olf rules.I am told that this Jurisprudence of the indivisibility ofa plea is now finally settled by a late judgment of the Court of Queen's Bench in the exercise of its appellate Jurisdiction.If such were the case, it would have the effect of imposing npon me a respectful.silence and of restraining my action in this matter but not of controlling my reason ; but upon looking into the cause referred to, that of Holland Appt.and Wilson et ai Respt.recently reportod by our law reporter page 60 of his reports and headed\u2014* \"The admission contained in a plea $ cammet be devided, but must be taken in its \u2018\u2018\u2019entire,\u201d Ï am not aatisfied that the: question which war mixed np with other questions, altho argued and relied npon, was fairly before he court or that the point was decided ; for the judgment itself, wnich the law requires shouldbe motitied, is silent on the subject.As to the judgments of the superior court which is a court of appeal quoad the Circuit court, they command from the latter the highest res= pect, but are not by law binding omehe Cireuit Judges in cases between £20 and £50 which may be further appealed to the Court of Queen's Bench.But Jet us return to the question.\u201c As the jury are bound to try ouly the mat- \u2018ter in issuo between the parties, no evidence \u201c neod be given to prove any points which are \u201c admitted on the record and none can be re- \u201c ceïved to dNpute an admission on the record.\u201d \u201c Phillips on Jovid : p.168, Bu).N.P.298.\u2018The rcasonable doctrine of Estoppel, the commendable disallowance of duplicity in a plea and the prohibition of that captious statement called n \u2018negative pregnunt,\u201d are attributes of tho Enlish system, which expose the more glaringly, on account of the contrast, the inconsistency of tho practise under that system 1851.of fidling together the two contradictory pleas, the general issue and plea in avoiduece.\u2018Thus, duplicity in a plea is not alowed, the allegations must be consistent, and yet two pleas, each consistent in itself, but contradictory of the other, may Le given in answer to one demand.When truth and simplicity governed the rules of English pleadieg, this anomally was not practised.We find in 1 saund, 22 n 2 and al- su 209 n 8 \u201c When a party fully confesses and avoids his adversary\u2019s allegations by new matter of his own, ho cannot also traverse (i.e.deny) those allegations \"and in Comyns& Bacon it is said that after confession and avoidance there need not be n traverse Yeli 161 n.Com, Dig Pleader C 3 Bac, ab.Pleas & H.1 \u201d formerly a traverse in such case was held to be mere duplicity and to be excepted to only by special demurrer 2 vent, 212 2 Letw 1558 Carth 166 yelv 15) n.low these inconsistent Pleus came to be permitted will appear from the following extract from Chity on pleading Vol 1, p.541.\u201c We have already seen whenconsidering the qualities of a plea in bar at common law and which still govern in che formation of each plea token seperately that it must be single and that duplicity will render it insufficient and that the defendant could not plead several defences tothe same part of a declaration 5 but now it is enacted by the statute, 4 Anr: C.16 See.4 & 5 that it shall Le lawful for any de- fendaut or tenant in any action or suit, ur for any plaintiff in replevin in any court of record, with leave of the same court, to plead us any several matters thereto, as he shail think be- cessary for this defence.\u201d\u2014In page 542 he adds that under this statute, \u201c the defendeut may in different pleas'plead as many different grounds of defence as may be thought necessary, though they appear to be contradictory or inconsistent.When however such pleas would creato unjust delay.the Court will sometimes rescind the rule to plead double and compel the defendant to rely on one of his pleas, \u201d The facility says Smith in mn his Treatise on actions at law (p.84.4 work first published in the year 1848) of vbtaining rules to plead sev- url natters gave rise to an abuse similur to the right to insert several counts in à declaration.For (the defeudant\u2019s pleader was in us much danger of failing by reason of some vari- auce between the evidence und hie ples, as the plaintiff was by reason of a variance between the evidence aud Lis declaration, in order to vbviate this danger, he had recourse Lo twu expedients, first he almost always pleuded the general issue, vamely, bon assumpsit, or nil debet, uuder which ulmost every couceivable defence Swas allowed to be given, in evidence, to the great prejudice of ihe Litigante, the de- {eat ot justice sud the great iuconvenience of the presiding Judge ; for as the general issue was à mere summary denial of the plaintiffs case, by which nothing was adinitted, each party had touru himself at all the poine whereof the nature of the action would admit, with evidence the guard agaiust defeat.Thus, the defendant obtained the advantage of being allowed to set up any defence his evidence would warrant, while the plaintiff was on his side, not untrequently surprised by a defence of which the pleadings gave him no notice whatever.\u201d \u2018The reports of the Common Law Commissioners wpon the abuses of the doctiine of variance, the general issue and other impetfec- tons in pleading have led toa very beneficial reform of the judicial procedure in England and the various acts of Parliament from the 1 W, 4c, 710 the 8& 9 Vict cap.106 on this suh- ject, will be found in the appendix to Tyrwith\u2019s summary of the Law of modern pleading, To the judges, howeser, hy the 3 & 4 W.4 \u20ac, 42 was delegated the power of making rules tore~ zulate the practice of pleading, subject to be submitted to, and approved by Parliament, and in the section of the set delegating thid power, there is this proviso 11 provided always that \u201cno such rule or order shall have the effect of sé demiiving any person of the power of plead- * ing lhe general issue, and giving the special \u201c matier in evidence, in any case wherein he is now, or hercalter shall bs entitled to do so ¢ by vittue of any act of parliament now or © herealter tobe in furce.\u201d\u201d The judges, hy one of their general tules of Hilary Term A.D.1834, ordained * that several plgas should not he allowed, unless à distinel ground of answer or defence is intended to be established in respect of each and that therefore pleas founded on one and the save principal matter, hut vg- red in statement, drscription or eitcumstance only, shall nol be allowed.\u201d They reformed the generul issue by limiting its operation to à denial of the debt or contract plone without allowing it as formerly the power (0 compel proof of the qualities of the plaintiff or allowing mat~ ter in uvoidance, to be proved under it.But still, strange to say, it is allowed to be filed in company witha plea io avoidance, because, however incousistant and repugnant to each othe! these pleas are, they are consijered under the rule, distinct grounds of defence §! Tyrwith in page 80 mentionsitthus :\u2014® The old general issue still exists notwithstanding the new rules which have not altered its nature though they have circumectibed the range of evidence thal may be given underit ; and the old objections under it, are as available as before the new rules?\u2019 and Stephens, in his excellent book on pleading, page \u201c213 says, «the use of several plees though presumably intended by the statute (4 Ann to he allowed in a case where there are really several giounds, isin practice somelimes cariied for- ther, For it was soon found that when there was a matter of defence by way of special plea, it wag generally expedient to plead that mat- tery in company with the peneral issue, whether there were any real ground for denying the Declaration or not ; because the effect ot (his is to put the plaintiff lo the proot of his declara tion, or some material part of it before it can become necessary for the defendant to establish his special plea ; and thus the delendant has the chance of succeeding, not only on the strength of his own case, but by the failure of the plaintifl's proof.To this extent therefore, isthe use of several pleas now carried ; and accordingly the form of pleading in the last of the above examples is in practice frequently adopted instead ol that in the first whether the truth of the case really warrants a denial af both counts or nol.Some efforis, however, were at one time made 10.rustrain thiis apparrent (real ?) abuse of the indulgence of the statute lor that «ave which the statnte requires, was formerly often telused where the proposed subjects of plea appeared 10 be inconsistent.But in modern practice such pleas, notwithstonding their apparent (real 11) repugnancy between them dre permitted.\u201d .eving shown by the preceding citations, what the English practice is, and howit oceur- red, in relation to vae of the questions under consideration, the compatibility of the general issue with an affirmative plea in avoidance, let us now see what are the recent decisions of the English Courts, not in relation to the other, namely, the indiviubility of the allegations ofa plea, (for that I have proved in speaking of the raising of an issue, to be impossible and an absurdity )y but as to the extent and effect of admissions patent on the pleadings.I cite from Tyrwith, p.89 et sequitur :\u2014 st Some difference had existed between the Courts of Queens Bench and Exchequer on an important subject ; viz., whether or not there is a distinction between admissions made for the purposes of pleading, and like adinissions made for the purposes of proof before the Jury, «The Court of Queens Bench held that an adinission made in the course of pleading, whether in express terms, or by omilting to (traverse what has been before alleged, must be taken as an admission for ¢ all purposes of the cause,\u201d whether the facts adinitted relate to the parties, or to third persons, provided the allegations so made and not traversed are material; adding, that before the new rules, such admission in the ahsence of a protestation, estop- ped the party, even in another cause, from disputing the fact so admitted.On the other band, the Court of Exchequer held, not only that no admission in one plea can be called on to assist another plea, but that if a matatial fact, alleged in a plea, is not traversed by the subsequent pleading, it is not, therefore, admitted as a fact, 80 as to dispense with proof of it before the Jury as part of the case of the defendant who pleaded it.After these decisions, the Court of Common Pleas, in treating of a seperate and material allegation in a plea which was not traversed in the replication, while a subsequent material allegation, which did not in any manner involve the former, was so traversed, held ¢ that the former (material) allegation not being denied, must, upon the general principles of pleading and the authorities, be considered to be admitted by the plaintiffs « for all the purposes of the issue taken on cach separate plea.\u201d That Court had before expressed a less guarded opinion on the subject, .The Court of Queen\u2019s Bench has since declared, that louking to the facts of Smith vs.Martin, and Bingham vs, Stanley, it would be found there was no real difference of opinion with the Court of Exchequer in those cases; adding, that their own expression in Bingham vs Stanley, that \u201cap admission made in the course of pleading, whether in express terms, or by omitting to traverse what has been before alleged, must be taken as an admission for all the purposes of the cause,\u201d would Lave been more correctly stated, # for all purposes regarding the issue arising from that lea ;\u201d for without that qualification, the position might be supposed to extend to other issues joined in the cause, as well as to those which arise out of the particular pleading, The Court of Common Pleas has also aguin disregarded Bingham vs, Stanley (as it was originally stated by the Court\u201d of Queen\u2019s Bench), Tindal, C.J, saying, now that a party is nut allowed, in pleading, Lo use a protestation, it would be hard if he were taken to admit all (semble for every purpose), that he had not traversed, Where, looking seperately at the issne taken on one, or each of the several pleas, a matenal allegation in thet plea is not denied in the replication, it must, on the general principles of pleading and the authorities, be considered to he admitted by the plaintiff, for all the purposes of the issue taken on each seperate plea, i.e., to be so far admitted, that the plaintiff cannot adduce evidence in dis- proof of that allegation, in the plea, Though it was held in the Exchequer, as we bave seen, thal no admission in one plea can be called in lo assist another ples, yet if the parties in the course of the cause, take a particular fact for granted, which goes so support one issue, that fact may be taken for eranted for all purposes, and as to the whole case.\u201d See in the notes to Tyrwith, a variety of cases, on this point, reported, wherein the dicta of the Judges and their decisions are conflicting.} This author himself concludes thus: \u2014¢ It is clear, on principle, that each issue must be tried by itself, as if there was no other on record; and the rule is the same under the new rules ag it was hefore them, viz., that an admission on the face of one plea, is made only for the purpose of that issue, and cannot be used by the plain\u2019 as evidence to prove or disprove a fact denied in another plea.\u201d With all humility 1 must say, that it would be much more clear on principle ; that no two inconsistent and sepugnant issues should be permitted in the same cause ; that there should not be an issue of the making of a promissory note, and anotherissue ofits payment, and then there could be ue such discussion, Itis, inmy humble opinion, this original mistake, in relation to the ost simple question, that gives rise to all the intricacies and subtle arguments which constitute, as we tead-them, a mere hocus pocus, when applied to the eternal and immutable science ol truth, It is pitiable, as Godwin observes, when the arguments of strict and profound reasoncrs are based upon some unpereeiv- ed mistake at the commencement, to see that the further they proceed in their enquiry, and the more closely they follow their train of deductions, the more deeply they plunge into error.It would be ton presumptious of me to ssy whether the original mistake is in the Legislation (4 Ann), or in the practice of the Courts under ii.Smith and Stepbens tell us, however, it was an abuse of the statute; but the Courls having allowed the filing of inconsistent pleas, must have believed that they were bound to do so by the law, .The statute of Ann is Law, in force in the state of New York, and in Gould\u2019s principles of Pleading, Edition, of 1849, the author, in page 431, commenting ufion this statute, says: ¢¢ when several pleas in bar are pleaded, in virtue of this statute, to one and the same thing, or demand each of them, is treated and operates as if it were pleaded alone ; tt being an established rule that one of them ¢ cannot,\u2019 in the languge of Ch.J.Willee, be taken to help or destroy another, bat, that every plea must stand or fall by itself.Aud the opinion of Mr, J.Buller is expressed in terms alinost literally the same,\" and he adds in note 5,\u2014* see a contrary opinion 15 Mass : R.48, where in an action of slander, the defendant pleaded çin virtne of a statute similar to that of Ann), the general issue and also a special justification.In which case it was resolved, thal the admission contained in the special ples, that the words charged, were uttered by the defendant, was sufficient proof of that fact ; and that the plaintiff was consequently, not hound to prove the uttering of words.And in the ingenious argu- meat of the learned judge, who delivered the opinion of the court, the same rule is held to extend to every case, in which the general issue and a special plea in avoidance ate pleaded to one and the same demand.\u201d\u2019 The author adds that ¢*thisopinion appears tobe opposed, not only to the spirit of the statute, but to the general practice under it.\u201d Bat it is possible the author may be in error, for it the maxim ratio legis est anima legis, be true, there being no reason in the statute, it can have no spirit\u2014end if as Lord Coke has said, ¢ the Law is unknown to him who knoweth not the reason thereof,\u201d it might perchance happen, that the general practice here spoken of, is in ignorance of the Law, The name of the intelligent judge is not given, and | hee not the report at hand, but he appears to me,\u2019 like the distihgaished Judge [VioL.89.Storey to treat the law and its practice, not as a mereart, depending on the mechanical adoption ot precedent, but as a noble science proceeding from the excreise of the understanding.1 shall terminate my citations with one other from Stephens, who, although he is 4 warm.Eulogist of the system of which he so admjira-.bly treats ; has, nevertheless, the candour to admit and deplore ita defects ; it is from the.conclusion of his book, page 452 ims While the system of Pleading is thus in general distinguished for the excellence of its structure, it cannot be denied that there are points on which its merit is questionable.The excessive subtlety and needless precision, by which, some.parts ol'it are characterized, often expose suitors.to the necessity of expensive amendments, and sometimes occasion an absolute failure of justice upon points of mere form ;\u201d and in approving ol the use of several pleus, in note 39, he says: Provided only, that a party be restrained from ralsing issues inconsistant with each other, or.such #s he knows to be without foundation, ip fact, it may be questioned whether any sufficient consideration of utility or convenience, can be urged at the present day in favour of the, object of singleness, However, it is clear that, the principle of singleness, is, so far at least, a right and valuable une, asit may tend to prevent the patties from offering inconsistent alle- galions, or such as they may know to he false.For though the interests of justice seem to re-; quire, in many cases, the allowance of several counts or pleas, in respect of the same demand, they are, on the other hand, directly opposed tothe allowance of repugnant ones, \u2014and w hers one of the matters alleged, must evidently ba, false, the party should of course, be obliged to make his election between them ; and so in allowing a party to make different allegations, be.ought, if possible, to be excluded from such as he must know to be withoat foundation in fact, Yet these, which are perhaps tbe only beneficial results that can flow from the principle of: singleness, the present stale of the Law against duplicity, unforinnatcly fails to produce.In conclusion, it remuins for me to observe, that 1 have explained the indivisibility of the allegations of an issuable plea to be ar\u201dsbsurdity, and have shewn that the judges of England have unasimously held the admissions in a plea, as proof against the party making the ad-, missions, in relation to the particular issue on such plea, however they may have differed in.opinion as to the further extent of those admissions.: : But those questions of admissions and _indivisibility siok into utter insignificance, compared to the immoral-practice, of filing to the same demand, two pleas repugnant with each other\u2014both cannot be true,\u2014one must be false \u2014and falselLood is a vice, in whatever way it is ultered ; a vice, which is not so excusable: nere, as it is in England,\u2014there, the judge will: either invoke à practice of 150 years or, pointing to the stalute of Ann, say, ila lex scripla est, or say, as Chatty reports Lord Holt to have said.in speaking of the general issue, ¢ it is a practice which has crept in improperly, but is now, perhaps too settied to be altered 3\u201d but from.whatever source the practice sprung, and however untenable on principles of reason, it is sufficient for him, that it is warranted by precedent and in this he is borne out.by those Phi-.losophets who say, that some absurdities are.to be retained and many small inconveniences en.duied in every Country, rather than that the.usage should be violated, or the course of public affairs diverted from their smooth channel, But in Lower Canada, where neither the sta~ tute of Ann nor English precedent is binding, and where the French law, if adopted, imposes.good faith in the practice of pleading,\u2014it is, really strange to account for the reasons that have led ingenious minds, with inflexible zeal, in their search for truth, to embrace its shadow on this point of English practice and imagine they possessed the substance.The movement.is retrograde, at a lime when it is generally acknowledged, the human mind is in a progressive, state, and the science of jurisprudence keeping.pace with the advances making in every other department of knowledge, The hand of reform.that has lately touched the English rules, has touched them loo lightly ; they yet require to.be reconstructed,\u2014more of the dinss removed, and combination and consistency given to the.whole, before to become fitting examples for our adoption, But before all things, the dominion of reason should be established over:the vi=.vious custoin of inconsistent pleading,~\u2014a custom that manifestly has a demoralizing influence upon the suitors before the court, and is evidently opposed to the great law of truth and natural justice, It should not be sanciibned by the guardians of the public morality, and the honourable profession of the Law should be rescued from the imputation that the practice, of pleading is a practice of fabricating falsehoods, Judgment for the Plaintiff.SiNeuLAnr CASE.\u2014A crim cou case was be-, fore our Police Court yesterday, which had an unexpected termination from a remarkable.cause.Mr.J.(Q.A.Thayer, a returned Californian, satistied that his wife during hisabsence had been guilty of adulterous connection with a Mr.Libby, got the Commouweslth to take the matter in hand.But at the very outset, as the evidence in support of the charge was about to be given, it was sliown to the satisfaction of the Court that both Thayer and his wife were athefsts\u2014not Leheviug in the existence of a.Supreme Being, or of a futurestats of rewards or punishments, or, if believing, yet with such, qualifications as to render their estimate or appreciation of the value of an oath of np account, whatever.Of course no reliance could be placed upon any statements they might muke in re~ ference to the matter before the Court, and the Judge therefore dismissed tht case, and ordered.the defendant, Libby, to be discharged.This 18 An unusual case, oncto which it would be difficul: to find a parallel-\u2014that is, an instance in which judicial or legal proceedings have been arrested in the outset, and finally quashed entirely, in consequence of the atheistical belief ofthe complainants.Materialism, which almost .necessarils leads to vice, is rarely seen iv our.christian communities, and still more rare is it to see anything approaching it in those who have taken the vows of wedded life, ._ The mesmetizing doctor, said to be implicated in a similar charge with Libby, but who sud= denly left the city gomu days since, can now return without fear, his only nccusers, béitig.deprived of all powerto harm with légal of christian weapon-\u2014( Lowell Courier.) 5, Tr Firsr BooK ERINTRDIN Ne YORK.\u2014, - An interesting biographie fact connected with Fishkill was communicated\u2019 to me by Gulian C.Verblanck, Ksq.l'have already noticed the harassing circumstances under which the first republican constitution of the State of - New York was elaborated, discussed and adopted==the legislature retiring before the aps.vouch of British Bayonets, first to the Hire fom then to Kingsbridge, Yorkers, White Plains, Fishkill and Kingston.\u2018The Cônatie\u2026 tution of the State of New York,\u201d says Mr, Vere.planck, © waa printed in 1777, and was the firs}, ui well a8 the mos! important book ever printed x are ra = are.te torre [IL PRE iF re AEE LR Ea LS 2 ii TE ES a ET D A EE EE THE QUEBEC GAZET TE.Co in the State.The people eonld find bat ose | Posr Orrice\u2014Joln Howe, Fsq.has press in their domain with which fo print this | been appointed Postinaster General of the work of their representatives.Fishkill, where was the chief deposite of stores hospitals, &e., of the United States,\u201d graphy.The rc It was dose st Province of New Brunswick, under the Vishkili by Samuel Loudun, wha had been «provisions of the Act of 1850.whig editor and printer in the city of New F York, and who had retired with hin press to Edward Willisten, Esq, has been appointed Postmaster at Noweastle ; and HH.Hutcheson, northern army of the Esq.at Douglastown, Mr.Verhlanck possesses a copy of this precinas piece of American typons the Sibyllide Books, and quite as relatively ed, anid-will be opened for husinessifrom valuable; for tha principles therzin embodied foreshadowed the destiny of the Commonwealth, Uulike Tarquin the Proud, the poxsesnor values it ahove all price.\u2014| Pictorial Fidd Book of the Revolution.Quebec to Halifax and the United States in the course of next month, The wire for the St.Nicholas and Carouge extension has arrived per Clara Symes from Liverpool.\"QUEBEC, 30a JUL\u2019 , 1851.Asriactume Water Pires\u2014TFine spe- cimens of Water Pipes have Leen deposited We have given up the first page of our in the oilice of the Halifax Water Compa- present issue to the publication of an elabo- ny, by Dr.Gesner.\u2018hey were made from : ton Trinidad, by the inven- rate judgment delivered by the Fon.Jus- the Asphaltum of Trinidad, by tice Power, in the Circuit a on Monday tion of the noble Earl of Dundonald, A last, Y.ean, plaintiff, versus J.McCor.nick, defen- | The action was on the part of A.Me- certificate from the superintendent of the i Naval Works at Bermuda, shews that they dant, for the recovery of the amount of a; #É capable of resisting n pressure of 140 promissory note, and.the judge in giving 1Ls.to the square superficial inch.Judgment in favour of the plaintiff, has very They may be readily east iu the trenches dug to properly availed himself of the opportunity receive them, in moulls made of sheet to discuss al length, à subject of vital con.by 11 Ht on hoot es sequence to the morals of society as well as) y the application of a hotirn.to the character of the learned profession o the law.which is universally zeonted in all respeel able society \u2014it iz that of pre arication, than which nothing moré disreputable can attach to individual character.With intrieate points of law, neither we nor the generality of our readers aro supposed to be conver.sant\u2014these and the many quotations with which the learned Judge has, doubtless aptly, interlarded his cbscrvations, we leave to the gentlemen of the \u201clong robe,\u201d who are best qualified to appreciate their appropriateness.The simple question of morality involvedis, however, one which comes fairly within the scope of non-professional observation.And we presume, there can be no opinion contvary to that which is pronounced Ly the word of God and the code of sound morality, as to the impropriety, the sinfulness of * fabrieating falsehoods.\u201d If such a practice in the erdinary intercourse amongst men be considered highly immoral, surely in «legal tHibunal\u2014in the temple of Justice, which should Le the sanctuary of truth\u2014itcughi not to be permitted.l'hers, the air of truth ought to prevail, and the moral atmosphere of the Court Hall should be purified from the pernicious contagion adverted to by the Judge.Although the judgment, it would seem, clucidates the subject with suflicieni discrimination, and pronounces the practice to be illegal; yet, if other opinions prevail, that the inveterncy of the practize haz erected it into a law, then the interference of the legislature will be required to put it down.We would there- The evil inveighed against is one iron, and the joints are completely s dered The price ri of these water pipes is only about one gnar- {ter the cost of ron ones, The material is | indestructilile, and admirably adapted to maintain the purity of the water.\"This new manufacture of asphaltnm water pipes is ==\" We learn with pleasure that the telegraph have lécome \u2018almost as searce line from Quebec to Woudstock is eomplet- now being applied at Trinidad and other West India Islands, and doubtless they ave equally well adapted to any climate, and deserve the earcful consideration of civil ti Mr.Fraith, the member fur Durham, has obtuined leave to bring in a bill to raise the rate of interest in Upper Canada to 7 per ere The editor of the Courier has received the fullowing communication from the office of the Montreal Bourd of Trade, signed by the Resolved, \u2014* That the gentlemen representing the Press of Montreal be invited to attend the Monthly Genersl Meetings of the Corpura- tion of the Board of Trade, with a view to giving publicity to the proceedings.nnd for the purpose of creating a greater public interest in the business transactest on such occasions.\u201d We have much pleasure in copying from the Montreal Herald, the following notice of a piece of silver plate which has been manufactured by Messrs.Savage & Ly- mun of that city, for presentation to Mr.Our principal object in so doing is to nid in giving publicity to the fact, that we have amongst ns artisans so well skilled as to vender it unnecessary to go elsewhere to procure articles such as those An inquest was held on Monday afternoon, upon Mr.Joseph May, late Surgeon cfthe * Clara Symes,\u201d and the body was opened and examined by Dr, Marsden, at the request of.the Coroner and jurors, who returned a verdict of * Died of Apoplexy of the Lungs.\u2019 There was also sn inquest ini the morning of the, same day upon the body of n man (name unknown) found drowned nt L'Ange Gardien.Dates from Mexico to the Tih'Anstant, announce that the Dritish Minister had 'advised the Mexican government that decisive measures weuld probably be taken at onee, if the claims of English ereditors were not settled before the next packet sailed.\"The French and Spanish Ministers suid their governments must do:likewise.The execution of Benson and Douglas for murder on the high seas, took place on Friday morning last, at New York, in the presence of about 200 persons.Clements, upon whom scatence of death was also passed, in conncetion with the same dreadful tragedy, hiad.been previously respited for a short time ; the latter has been declared by Benson to be innscent of the charge.A Vienna letter, pablished in the Loston Atlas, of Friday morning, dated July 6th, says that Mr, Charles 1.Brace, the Ameri- ean who was arr finally released.cated in Hungary, has been On his arrival in Vienna hie was ordered toleave Austria within three days.Afterwards the order was withdrawn.Mr.Bra in a few days \u2014 Cunious CALCULATION.\u2014Ït is said that from 1809 to 1850, the sum of £1.4,500,000 has been subseribed towards the funds of the various missionary sovieties in Eng.Ind.ee JENNY Lixp.\u2014 We have paused several minutes fora title, by which to commence the announcement we are about to make.It is a simple affair, so * The Queen of Song,\u201d \u201cThe Swedish Nightingale,\u201d or any of her other great titles, wonld Le ostentatious and misplaced.¢ Mademuiselle Lind\u201d we don\u2019t like\u2014she is not a French woman, her great successes have not been in France.Miss Lind, sounds like Mr.William Pitt, or Mr.Charles J.Fox to us.We don't know hier Swedish prefix, and so we are puzzied.But by whatever name she is to be ealled, she, the immortal she, is expected here the next week, or the first of the week after.The first question is, what can be done for avoom?The Concert Room at the JJays\u2019 House is occupied for a dining room just now.St.Lawrence Hall is altogether too smail.Can any one suggest anything, ov what is better\u2014do anything to provide a ; gross amount of duty collected, will he retained adequate to the comfort of travellers.Jorma to be used, we find no form of cam: qualification, bonds, &e., und for the visiting | charges, complaints on.this score, and, which exist under the 35 Geo.III, cap.und other laws then in furce, but which were repealed last year.The domiciliary visits to Ascertain whether hotels, taverns, &c., contain the ve- cessary accommodation for travellers, ave still continued under the bill now proposed ; the | charge for this duty will no doubt be supplied | when the billis referred to a committee.The : usual fee unght to be inserted, payable when® the applicant takes out his license.14 would | Le wrong to allow public officers to determine | the amount to be charged for this or any other specific duty.Section 39 enacts that 10.per cent.on the ! by the Receiver General; the exact cilrjert to.which this amount is to Fe applied is not-de- | fined : we find\u2019 this section objectionable, Jt might be left out without incon enience, rer #3\" We lave Leen favored with the perusal of the | following letter from California, which showsthe value ! set on Ch:rey Pectoral in that distant portion nf our country.ltis soldat five dullurs per bottle, \u2014 Boston Republican.Sax Iraxcizco, 2nd March, 1850.J.GC.Aver, Fsg.\u2014 Dear Sir : Wehave the plea: sure to inform you, that since onr advices of the 5th wltinio, we have disposed of ail the Cherry Pectoral consigned to our House, Irom the benefit experi.enved by those who have used it, there hae grown up | here à confidence in the article which will insure you | fir this market an increasing aud permanent demand, The rapid changes of our climate from heat to cold, and heat again, induce, esanight be expested, the most alllicting and often dangerous lung complaints.Many of these, within our knowledge, have been so speedily cured by your Preparation, as toaflord, as it were, imuiunity from their attacks, ; We are daily expecting the next arrival.and wonid advise the continuation of your monthly shipments in Larger quantities than hitherto.ours, Se, J.G.CRAM & CO, CANADA.009 Ce : A great change in the weather has taken place since our last.The morning of Sunday wis uppressively and sulteily hot; butin the afternoon we had a thunderstorm and tremen- duus shiowers of rain.Yesterday the ther- mameter was very low for the season, not being above 60 = at noon, As for the eclipse of the sun, it was too cloudy furany ore to louk for it The depth of rain that so far has fallen iliis year is believed 10 be larger than any on record in this province Wedo not know that much harm is done.The potatoes are, so far, healthy ; the produre of peus very almndant ; the whent, so far, freu from the fly.The only damage we hear vf is to the hay, of whicha large portion is cut, aud must have been des- certain whether it contained accomrçdsiion : Hume omissions seom to have crept into the i provisionally hefors the granting of the Char- new bill, notwithstanding the care with which ; ter, amounte C it is prepared, In the appendix containing the \u2018 John, and some £Æ20,000 in the county of West- tinent.moreland.We may als» mention the al sence ol a wriff who had provisionally subscribed would now of the fees tu be exacted by the Clerks of the renew their subscriptions, or if the farther sum Pence, Country Magistrates, license oficers, , of £30,000, to make up the requisite ameunt, &e., for drefting and preparing ceriificates of, could be had, owing to his great change in \u2018I'iose omissivns, if not remedied, | had obtained, Mr.Gray said.he had: no doubt would undoubtedly cause a renewal of the old : that negotiations were now pendinz between\u2019 did not ; these Colonies and the Mother Country, and | immediately hauled inte the stream, hut in ¢ The subscriptions to the European and orth American Railway, which were made d to £50,000 in the city of Bt.Mr.Gray doubted if the persons untie opinion, From information which he #lso\u2018hetween the Colohies thomselves, not only for the construction af the J{«litax and Quebrc Reilway, but-also for the construction of the Europeau and North American Railway, upon funds to be advanced by the Imperial Govein- ment.?\u2019\u2014 Neruscofian, MiriTany \u2014Drafis for the 72ad and 92nd Reziments\u201493 men altogether\u2014arrived ju the ship Slay, Capt.Baker, on Saturday morning, and landed ou the afternoon of the same day at the Dock Yard, On the same evening a party of volunteers fron the several Regiments in ganison, for service in the Royal Canadian Rifles, embarked on board the brig Queen of the JsLs, for conveyance to Quebee, The vessel conseqitence of southerly weather she did not vail for her destination until Monday at 9, A.M.\u2014Norvascotian, 23rd.Tur Crops.\u2014From different parts of the country we receive the gratifying news that all | kinds of growing crops lvok well.The late rains have been most propitions, and have made a favorable change in the appearance of (he.country since the first of the present month, \u2014 The prospects of the grass and grain crops are encouraging, and thas far there has not been the slightest sympton of disease in the potato plant.\u2014 (Hulifur Colonist.) From United States Papers.een EXCURSION OVER THE ATLANTIC AXD ST, LAWRENCE LAILROAD.Mount WASHINGTON STATION House, Gotham, N, H,, July 24th, 1851.3 An excursion train of cars reached this place yesterday, over the Atlantic and St, Lau rence Rail Ruad, having I+ft Portland at a quarter pst 7 o\u2019clockin the morning, The party consisted of the Directors of the road with their invited guests, numbering in all about three hundred, who were comfortably accommodated in convenient and elegant cars, The road ix built spon a broader guage than is usual in this country \u2014the distance hetween the rails being fire-and-a half feet, which is 9) inches mare than is usnal\u2014the cars can he very copacions, and holi their allotted loads with more than ordinary comfort.The course of the railroad as it leaves Portland, is such as to give the tri- veller a very beautiful view of the water surrounding that city.It then proceeds through a pleasant country until it tonches the valley of the Little Androscorvin River, near which it continues, occasionally allowing pretty little glimpses of that stream, until the thriving town of Bethel is reached, From this point.during the rest of the distance.the railroad is built in the valley of the Andiescoggin River, which it Tue Ngw Fzmaue Costume.\u2014Mary Jane Hallam, à hold faced mulstio girl, was found by one of the police officers yesterday afternoon, walking with greal composnre along Lombard street, in a dress which \u201catiracted a throng of anxious speclators, Mary had on a gown & as brief as woman's love,\u201d which, in answer to the officer's interrogations, she declared to be the \u201cnew style ;?and so it was, probahly, 80 far us the gown itself was concerned, But a very essential part of the Bloomer praniture, namely, the pantaleties, had been omitted, As \u2018the gown teached but a little below the\u2019 kaves, and Mary\u2019s hose were of that species commonly called socks, which cover litle.more than the ancle, a pair of coal black calves were rather ostentationsly offered to :the admiring gaze.of the public.However, a portion ol the crowd thal followed had not taste enough to appreciate the \u2018symmetiical elegance of Miss Mary\u2019s lower extremities, and a cry of dérision or disapprobation was raised, at which Miss Mary\u2019s feminine delicacy was very much shockeil, She turned around and hegan to expostulate with her noisy perseculors, endeasouring to make their obtuse intellects comprehend that we live in an age of reform and developement, tliat she was only a pioneer in that march of female progress which woulit soon hecome universal.© You needn\u2019t yell\u2018oüt at me that way.\u201d Some one suxges- ted:that the new style of costume required a pair of pints to make it complete 5 to which Märy made answer.to Ihe effect that martied Jâdies only would \u2018equip Ahemselres with that garment, and that the virgins, by dispensing with it, woûlil give an expressive sizo that they were still in the matrimonial market.The crowd, not satisfeW with (hese nice reasons, be- caïñe so tudée and abusive, by word and action, that the officer was obliged to interfere; but before: he could rescue the youne lady from the hands of her tormentois, her Bloomer gown, by much pulling and teating, was reduced almost t6'the dimensions of a roundabout jacket, She was repsiman fed severely by the Mayor, and admonished 1g return w the old style, till the advance of science and general intelligence wosild p-rmit her to make the desired change with credit and satety.\u2014(Pril, Pennsylvaman, July 24 ) Spunious Lonp AND THE Bosrox ArIsTo- CRACY.\u2014 An Englishman named Lewis has been daping sume of our citizens lately.By claiming to be an English Lord, he got into the good graces of many of the avistocracy.At Nahant be snuffed the sen breezes, Que, fur days, without paying his board bill, or his riding bill.From Nabant he came to the city, and took up his quarters at a fashionable boarding louse, near the State House; made # great purchnse of fashionable clothing on Washington street ; and at Jast visited Long wharf, where he e igaged one of the pleasure yachis to take him below ona certain day, and remain a few days for the purpose of fishing, &e, } owner of the yacht had a nice leg or two of ham cooked, and all the best ef provisiuus | up for the voyage, in good style, at great\u201d expense ; but on the morning of the time set to start, the English Jord was missing; snd on tracking him, it was ascertained that he had started fur New York, taking with him several articles which ie managed to get from different stores où credit ; among the rest a new quadrant, from « stere on Commercia! street.\u2018The whole amount wbich this rascal owes for hills contracted, goods earried off, is some $700 2 = s put- opinion, and to decinre the sald Rectories were legally constituted and erected.\u201cThat this opj- nian has not hud the effect of quieting.the pub.He mind in Upper Canada, and that in order tp set the question entirely at rest, this house humbly prays that is Xxcellency will take immediate steps to bring the question of lag fully to adjudication, in such n manner as will enahle either party to bring the cause, by appeal, under the view of the judicial committee of the Privy Council, and this house pledgos itself to make good all necessary expenses attendant on such proceedings.\u2014 Yeas, 58: nays, Messrs, Hopkins, McKenzie, and Nog man\u20143.; A meseage was received from the Legislative Council agreeing to the following bills :- 76 incorporate the Kingston Water Works, To provide a remedy against absent defend- = tr To authorize the Courts of Queen's Bench to admit War Bdguond Fwynham to practice ga an attorney.\u2018T'o privide for the payment of Petty Jurors in Canada West.To ; ° To amend an act entitled, an art tn simpilify the: transfer of real property.in Upper Caiia- a - To alter the rates of wharfage:in'the harhonr of Moutreil, ' To amend an act to enconrage the establishment of Building Societies in Canada Easy, To enable creditors: to attach the effects n debtors atout to leave the province, \u2018in cases\u2019 under £10 An adiress was voted to His Excellencyito direct that the lands acquired by \u2018the recent treaty with the Indians on the north shores of Lakes Huron and Superior be surveyed and offered for sale, on lerms ac liberal as those established by the American Government.Tie Hou, bir.Hincke delivered to the spe er two messages from His Excellency, disalz lowing the Currency Act'of-1850; oo The Hen.Mr.Merritt moved to resolve fiat this house will now résolve itself \u201cinto a com- mitt-#, For the purpose of taking into consile- ration the expediency of adopting an aditréss to Her Majesty npon certain resolutions réspeet- ing the confederation of the British Provircos ; anid the question being put, the house divided \u2014yeas, 7; nays, 51.To Nicut.\u2014The hill to amend the navigation act was read a third time, Mr.Gugy «rose in his place, and ordered.the galleries to be cleared, because his speeches were not reported.He said the press stidi- ously insulted him by the suppression of \u201chj name, and that until a different conrse was puj- sued towards lim, he would per ISLIN ordering the gallerivs to be cleated.\u2019 The galleties were cleared accordingly.Thic afternoon, Mr, Bou'ton, the son of.the Hon.Mr.Boulton, caned Me.R.N, Watts, for insalts offered to Lis father.~ COMMERCIAL.fe IMPORTS AT QUEBEC.ages July 28th, _ Por Schr.Marie Louise, Michaud, from IMalifax, {N'S)\u2014T# pes lignum vite, 16 bbls cod oil, 26 bxs herrings, to Fraser, Wyatt & Co.84 puns molasses, to order, Per Schr Niary, Rouldrot, £ om DNallionsie - 18 bbls dollars, He sas highly recommended by dis- silmon, 1 box moulds.to A & D Ritehie & Co.120 tin cvished citizens about town.\u2014 Boston Jour |} rs herrines, to F Bois es herrings, .nal, July 24.Ir Schr.Emerald, Knowles, from Montegn Bay, Nivery SLAVES EsAscIrATED-\u2014The will Jamuiea\u201427 puns rum, 8 hhids do, 20 cks do, 35 bbls of Wm.Rayland, of Caroline county, Va., pro- ginger, 30 bags pimento, 7 bags coffee, 100 tins ar- viding for the freedom of all his slaves, 90 in row oat, to J W Leayeraflt.\u2014Romsinder of eargo for described :-\u2014 suitable place.Thousands of our fellow- |troyed by fermentation.Nevertheless as it uilable | oved by ferment els We yesterday had the pleasure of inspecting citizens are desirous of heaving her, and will make manare, if spread over the fiehd, and do sil M Le eut ; 5 avt Loughe in, the lass is not a total one.\u2014 7 1 here i id sukline of 4 service of silver plate, mannfactured ls our hundreds will flock from the conntry to hear ploughed in, the loss is not a total one.\u2014Zrans- then, there is a considerable sprinkling of friends Meesrs, Savage sud Lyman, and intend= her.Where can they be accommodated ?Can | 77% 20th wast.legal gentlemen, upon whom the duty espe- | ed for presentation to Mr.John Leemivg, by no man devise a project, and let the public ciaily devolves of coming to the rescue of |à number of the cinzens of Muntreal and vici- Ve 1 fore recommend the subject to the grave considcration of our representatives.Among follows, without crossing, entirels on the southern side, Tne scenery of this valley is magnificent, Oue is almost surprised thalit was ever deemed ToroxTo, July 25, 1851 possible to build a raihio2d ibrouzh jt,\u2014much hd \" =; + the profession from the imputation, to use the words of the Judge, \u201cthat the practice of pleading is a practice\u2018of fabricating false- id hoods.\u201d etme Tur WesLeyax Ixconrvonrarion Divs.bition, held in October lust.with handles.nity in testimony of his able and indefatigable exorlions as Seeretary of the Industrial Exhi- The Set consists off a tea and coffee pot, sugar howl, crew jug, and a large oval tray, understand that all who wish may have an apportunity of hearing her?Since writing the above, it has been suggested to us, thata temporary ceiling might be putup in oneof the lialls of the Ronse- cours Market.Jet us be stirring.The events of Inst nicht placed in contact with some which occurred during the Inst Par- lamentary Sescion, exhibit the character of the Colonial Legislature in no very enviable light.Last year a reporter, annoyed by the constant interruption of talking round the seat allotted to him for the purpose of fulfiliing his less that it should have heen actually accom- p'ished\u2014wbes he sees the mountains towering ahove him on all sides, and apparently shutting him up ina \u2018é happy vall-y\"\"\u2014the beautiful Androscozgin river forming a prominent part of the view,\u2014where it would seem thet one might willingly resolve to pass the rest of his life, did nenber, and if coutrars 10 the law of Virginia for them to remain therein, then for their removal to and establishinent, at his expense, in some free state, has been sustained against (he suit of the heirs, by the Supreme Court of Virginia.The slaves are to be transported shortly to one of the free states of the Union Montreal.Per Brig Edward, Lindeman, from Newport\u2014 321 tor 8 railroad iron, to order.Per Russian Ship Von Weiekman, Brardhuff, from Glancester \u2014 600 tons railrsad iron, to order, Per Hrig Burlington, Gilisen, from Neweastle-\u2014 318 tons coals, to C War & Co, (Montreal).7 S CHE A We have not yet received a copy of thi The bodies of the four first ariicles are richly he notrememher the pleasure he had antici- Per Sehr, Victoria, Fournier, from Miramichi\u2014 A n : .| .NNT Ctrm SU ; ; .Fe embossed with ornaments, principally comprsed (Montreal Gazette.) duty, allowed himself to request 2 member te pated enjoying forty miles off, But before be ° to Liberia.\u2014 Philadephia Gazette.295 feras salon, to W Seaton.; 5 bill, but from the last Monfreal Witness we} (rile osk euil maple lences, emblematic of - be silent in a more hasty manner than that gen- js sufficiently admired one view, he cars turn IMPORTANT FROM Havass.\u2014 New Orleans, Per thi horney Close, Baxter.from Sunderland a devive some additional information.Our Canada, Bagland, &e.The maple leaves braneh- SABBATH DESECRATION.dean thuught becoming, Tle was forthwith a corner and hurry him off to another, till finally July 25.\u2014 The steamship Falcon arrived to-day.Ter Bee Jah & Mare, Choolin fra contemporary has examined the act and pronounces it to be an exceedingly unguarded and dangerous instrument, and we attach unqualified credence to his opinion, : as well as to the assertion, that in adverting vo tb this subject he is actuated by no feeling of denominational antagonism, but by a pur under arrest, brought in custody like a J ! pickpocket, before the Assembly, which felt MR, EpiTon,\u2014On Sunday last, on coming jteelt injured in the person of one of its mem- into town, J necidentally met a jury widch had bore, and there tried by those who were his been engaged, during the week preceding.in a opponents in the controversy, Ile was sum- ease of murder \u2014the harrowing details of whieh yarily adjudged to have becn guilty of a hich are hut ton fresh in our memories- on their Lreach of the privileges of the louse; and way to the Falls of Montmorenci.Surely sueh | reprimanded by the Speaker, whose allusion to Per Brig John & Mary, Chaplin, from Sunderland \u2014A00 erates common glass bottles, to 1° Holland.10 tons lamphilack, 12 do five clay, 275 tous coals, te Gordon, Wilson & Co.Per Ship Spartan, Weleh, from Greennck\u2014209 A ficht with [son- pix iron, to d C Orr, (Montrezl).1928 bars the lancers had resutrei in the latter being re- iron, 165 do fla iron, to A Laurie & Co.2 bxs, to pulsed.They afterwards joined the enemy.[1D Fraser.3 bales, 129 pkes cordage, 8 bales sail ing ont from an ornamental serowl, nd enclos= ing the Provincial Arms, the emllems of Industry, Agriculture and Connnerce, with a wreath of maple leaves round each embellishment, and terminating with a Squirrel seated on a branch, The whole work is remarkably well done, and settles the fact thar Canadians (To the Editor of the Quebre Guzrite.) after à series of magnificent mauatain scenery, with the California maîls wl later ews from + the tall summits of the White Hills appear in Havana.Private adsiees to the Dieasune close proximity on the left, the bald peak of state, that the revolution had broken out also Meunt Washington overtopping all the rest, a in Matauzas and Santiago.Large bands of in- larze and commadious hotel whieh suddenly surgents were in the mountains, in\u2018ercepts the view of these magnificent natural obj refs.i nci Sy N \u201cork nr : ; T ccutsion train, vesterday, dit notstop The government of Cuba was mach alarmed ar ctoth.to 5 KJ Brown.146 bxs tohaceo pipes, tu ; need neither go to England, New York, nr 1 ., .\u201cvis .he excursion +; y, 6 p SOL ; ; Lo Ea oa sa pû : ; a : UVa proceeding eannat be eonsidered otherwis he absur .2 ; \"a \u20ac or- |.Ce na A tar] ; | i & lo.= : ; : nt principle the most friendly to the cause of chewhere, for articles of this description.Wu \u201cpr con ne, re iles ao Harris the abeard fetion that uo strangers Je par A the pay stations.por broneht its heave load these ane tation.We lean, on the other Gibb & lio 8 250 tons pig iron, to Frothingham & , is 3 ps .: he jusoee «articles wi * CES F NES el ; : ê ue, ame = through directly to this place with remarkable hand, froin a gentleman who arrived in the ve ; Methodism.In the first place, the Witness ave certain that all who inspect the articles will those who may have chanced to meet them, sulting insinuation that the party reprimanded ! F r ' \u2019 ë informs us that the Dill creates a corporation, consisting\u2014Ist, of the whole conference, exclusively composed of persons le- -gally entitled to administer baptism, or, in other words, ministers; 2d, of such other 5 persons as are members of the association, but whose names arc not given; and 3d, agree with us in what we now say.and will be happy to know that cur city is so far advanced in the fine arts as tole capable to turn out sueh exvellent specimens as will be on view in the window of Messrs.Savage & Lyman this day.The designs wera executed by Mr, Duncan and the engraving by Mr.Geo.Matthews, of Great St.James Street, promptitude and celerity in three hours and a nor ah Quarter : the distance is tinety-one miles, be present within the doors, on condition of The time appointed for the regular trains is relinquishing every claim to respect, On that | faur hours, to which they adhere quite pancta occaston there was not one member who pro- ally, : posed tu doubt whether a breach of privilege] 2 tad been committed.What took place last night?A member who had provoked retort steamship Fateon, that the uprising at Puerto Principe was presnature, and failed principally for the want of arms.Mach dissatisfaction prevailed throughout the islaud\u2014and the great blow it was thought would bestruck in Noven- Among the persons in the train, were Josiah ber.S.Littl, the president of the Atlantic and St, A letter from a Lignly influential Americ.n I say nothing, sir, of the effect of this dese- eration of the Sabbath, and that by the order and countenance of the highest legal tribunal in the country; hut I speak of it as tmseenily, and prejudicial, ! may say, to the dus administration of justice.Is it fitting, 1 vould ask, that men, whose every moment of time ought 20th Per Brig Freya.Wiberg, from Cardiff \u20141635 bars railway iren, to order.Per Ship Lady of the West.Davis, from Newport \u2014 357 tons railway iron, to order.was an unauthorizad introder, who conld only Eigh Water at Quebec.A À Î le of such as may be hercafter elected hy the sail corporation ; thus making the corporation a perfectly close and sclf-olected one, Jn the second place, it enables this corporation to receive and hold property without limit as to the manner of gift or boquest, or the extent of the property given; thus repealing the law of mortmaiz, and setting up a most dangerous power, whieh would prove even more dangerous as a preecdent, In the third place, this corporation is to have authority to scll or lease any or all of the property received fur the objeets contemplated by the association, and this by four persons, orn bare majority of six members, which number is to constitute a lawful inceting of the corporation.IF there be one principle for which Wesleyan Method- isin during the 112 ycars of its existence has been pre-eminent, itis that of véluntaryism, and to the operation of that principle we believe can be attributed the fact of its pulpits having been filled with so long a line of zealous, hardworking and successful ministers.By voluntaryism it has hitherto been sustained\u2014no other aid, of a pecuniary chjaracter, than the contributions of its members, was looked for or desired by its founders; and now when at this advanced period of its history, efforts are put forth of so directly opposite a character, its warmest friends are relue- tantly led to suspect that it has passed the point of culmination.It is Burke who says, that n spirit of innovation is generally the result of a selfish temper and confined views.People will not look forward to posterity, who never look backward to their named among modern belles, though she has ancestors.Tt cannot, says he, at this time be too often repented ; line upon line ; pre- MAITIEC > cept upon precept, until it comes into the \u201cing in Yorkahire.curtrency of à proverb\u2014(o innovate is not lo reform.We are glad to see that the Me: |.thodist people of Upper Canada are on the be made, why a baronet should passed the fascinating period of life, and is married to $ ol, Sir Maxwell Wallace, now re- Sir William is the grand son of Lady Glencairn, and is the heir to the title and estates of the Earl of Glencairn, In this republican country the inguiry may adopt for a qui vive and that a nümerously signed pe- profession the difficult path of the stage.This tition lias been forwarded to the legislature Question is more easily asked than answered.By the people of Hamilton, remonstrating Against thé adoption of the bill.Others we trust will follow the good example.Pr Jt appears that for the more effectual \u2018he love of the art\u2014a taste for literature\u2014a belief that it is not the field fur more uncha- ritableness, heart-burnings, spleen, ignorant envy, and malice, than any other profession\u2014 a desire to set an cxample of high practical value to the professors: of the art\u2014to correct protection of the fishing grounds, Canada has abuses\u2014a wish to gratify a sympathy for a od to place a steamer, and Nova Scotia profession not too much respected, oven by its Two small vessels in the Gulf of St.Law- \u2018tence, to enforee the terms of the\u2019 fishery own members\u2014theas, and many other conside- tations, may inspire any gifted man with an sonvention of 1818 to their ful) extent, whilo ambition to try his fortunes on the stage.It New Brunswick is to place a small vessel in \u201cthe Bay of Fundy for the like purpose.|us\u2014that to-morrow night lie will give usa is enough for us, without philosoplizing on this, to know that the plienomenon is amongst The catch of mackerel off the eastern coast | taste of his quality,\u201d with nll that richness of of Nova Scotia hes been very great this humor, quaininess, and comicality.so fully commented upon by.the English journals.The presentation will take place on Wednas- day next, at 4 o'elock, P, M., inthe Rechabites Hall, Grent St.Jumes Street, over the paper Warehouse of BR.Weir, We hope to see all the sulwerthers present, and as the presentation plate consists of n Tea Service, we think they are, in duty Leund, to bring their ladies with them.CHACUN À soN Goîr.\u2014Fir W.Don, who has most unaccountably chosen the profession of a stage player, and is now amusing the prople of Montreal with a display of lis comical talent, is thus described inthe New Sir William Don, who has been sn successful upon the stage in England, is a yonuz gentleman of mote than common height, being some inches over six feet from the grouni, lle is the son of Alexander Don, of Newtowndon, who died when the present Sir William was an The futher left a fine property and, splundid mansion on Vie banks of the Eden, in Scotland, near Kelso, and not far from the romantic spot where Thomson, tlie author nf he ** Seasons,\u201d was born.mantie region that the early youth of Sir Wil liam was passed, and bere it was\u2014particalarly after his education at Eton Colicge, under the example of his uncle, who was à creat lover of the race and chase\u2014that Sir William imbibed a taste for the sports of the field, and became the theme of that region for his prowess in difficult feats of horsemanship.large fortune uf Ins father, he was able to gratify those tastes which are slways nore or less cultivated by the scions of the nobility in Great Britain, nnd his conquests won for him great distinction for skill, daring and accomplish His mother wax considered in Scotland a great beauty in her youthful days, and is now It was inthis ro- Inheriting the to be employed in weiching the evidence fur amd agninst a prisoner whose fate for life or death ix iu their hands, should be seen junker- ting through the country, lnaghing, roliicking and catting their jokes among themselves, and with every passing, gazing ploushboy on the road, to the aunoyance of staid folk on their way to church?For my part, I prefer infinitely the mystery which once hung over the deliberations of our juries, who were never seen by the pulilie, save in Court, nntii their mini trations were nt an end and they were at liberty 10 mix again with their fellows, 1 can weil understand the wisdom wisich dictated this caution of our fathers inthe excision of these functionaries from every trace of their former life and pursuits while engaged in their arduous and harrowing duties.\u2018The mawkiah sensibility which deems it necessary to break the law of God (** Remember tia Sctbuth to zeep il holy\u201d) in order to afford amusement and recreation to a dozen of men who have suiered the inconvenience of a week's confinement in a Court of Justice, is but a poor substitute for what may, perhaps, be deemed over-caution ; it but il accords with our ideas of the temper required for the due administration of stern, inflexible justice, and casts discredit where perhaps it is not due\u2014while the opportunity whichit affords to à Jury to ascertain the feeling ol soviety on the subject at issue, muy onc day ot vther be found a most inconvenient and noxious clement in the tial by jure, HaxrpeN 20th July, 1851.(For the Quebec Gazette.) NEW LICENSE LAW We liave perused the Bill bronght in by Mr.Drummond to regulate taverns, &e.Ii contains 58 sections and will be an improvement on the luw of last session.The duty on Tavern Licenses is reduced from £12 5s.to £7 5a.\u2014on Grocer Licenses the duty varies from £3 be.to £5 5», \u2014quantity to be gold, no less than three half-pints.The conditions on which Tavern Licenses are to be granted are yet too stringent, and will be, at least in the conntry parts, equivalent to a total prohibition.This is unfortunate, and the more to be regret:ed as it affects the comfort uf the travelling.portion of the community, especially in localities like Point Levi, Riviere du Loup, Cacouna, Jo- rotie, &c.Although a too great number of hotels is a great evil, still a seanty supply is a great inconvenience, There is vuly one hotel licensed to accommodate travellers from Que~ hee to Matane, a distance of 220 miles: the question arises, then, \u2014How are travellers ac~ commodated?Every one will anawer that they have to take what they can get ; put up at miserable rookerics, unfurnished, and kept by persons incapable in overy respect to receive and.entertain the public.l'his state of things ought to ceases \u2018We should likr.to see in the present bill a clause allowing of at Inast one respectable hotel in every paris he under the snbveillance of the o proper aythorit 8, who Would be bound to as- have not received the Ray al Assent, subscribers by a speech universally condemned chose to cherish his rancour and to take the first opportunity cf a real or supposad injury to gratify revenge hy a personal as¢ault on a man fit enouzh to Le his father\u2014on mon who had filled stations of the highest diguity\u2014lastly, on a man who, in addition to his greater age, is of much smaller and weaker make than his assailant.\u2014 What happens then ?The racmber guilty of this assault rises and acknowledges ivy accompanying his acknowledgments with an explanation of regret.Well this same Tlouse who were unanimously of opinion that the reporter's apolugy for a hasty word should not screen him from reprimand, found eighteen members to vote against declaring that a kick by one of its own body, under nzgravated circumstauces was u breach of privileze, Dut this is rot ali: liaving carried the declaration by a majority, they, who were unanimous fur rejecting the apology of the reporter and inflicting a repri- sand, were egualiy unanimous in thinking a member of larliament's kick amply atoned for by two or three words without any reprimand at all.\u2014( Toronto Crrrespondence Herald.) EASTERN PROVINCES.:\u2014\u2014\u2014 NEW BRUNSWICK AND THE RAILWAY, Never, perhaps, was there a greater change in public sentiment, in so brief a period of time, as in the Sister Province, on the subject of the Halifax and Quebec Railway.The Assembly, the Legislative Council, the Press and the people all appeared to he animated by one spirit in indignantly?rejecting Earl Grey's proposition.Nothing would do but the Purtland Rail- road\u2014 the Quebec scheme was a wild chimera which no sane man would seriously entertain, Times have changed.A decided reaction has sel in, and so powerful has been the pressure from without, that the Government is understood 10 have changeil ils entire Railway policy.And the promoters of the Portland Railroad\u2014 how fares it with them 7 Have they raised the necessary funds 2 Is even the bulk of the stock subscribed 7 Flas anything been done beyond an occasion flourish of trampets in the newspapers ?To these questions, one and all, the answer is in the negative.The Railway Facility Bills to the Stock List instead of increasing, are getting ¢ small by degrees and beautifully less, and so greg has been the change in public sentiment, (hat one of the ablest advocates of the Railway, Mr.J.H.Gray, was constrained to admit, at a recent meeting in St, John, that + It was how no use to conceal the fact, that a great change had taken place in public gpi- nion, notonly in the city of St John, but in the notthern seclion of the Province, which was deeply interested with the Halifax and Quebec Reiluaÿy.\u201d The same gentleman, who, by Uie bye, wes the tover of the Resolutions For a joint address of the Council and Assembly tejectihg Earl PER = 40 A0 CRE Gtey*s proposition, also said : Lawrence Rail Road Corporation, and john A.Poor, well known for Lis effurts in hehalf of the European and North American Railway, who were very attentive in pointing ont to the party the points of interest along the rente ; His Excellency Gorernor Hubhard, of Maine : Mon.John P.Habe, U.8.Senator from New Hampshire ; Hon, Reael Williams, Lae U.Senator fron Maine ; Rev.Dr.Woods, President of Bowdoin College ; Don, Ashur Ware, U, S.Distriet Judge ; George H, Sh-pley, © q,, Inte U.S.District Attorney for Maine ; Ex-Go- vernor Williams of New Hampshire ; Hon, Nathaniel Baker, Speaker of the Now Hampshire House of Representatives; Hon, lchabod Bartlett; lon, John Otis; Hon, Rufas K.Goodenow : Hon, Otis Baxter 5 Hon, Wiliam W.Willis ; Hon.Mr.Johuson.of Virginia, editor of the Richmond Whiz ; Parker Sheri Jan, Esq.; John Neal, Fsq.; Mr.Ray, of Coinpron, Canad: Octavius Pickering, Esq.5 Samuel Bueheldes, E-q.; BE.H.Derhy, Ksg.; S.A.Walker, Esq, acd other gentlemen of uote from Bo-ton, After the arrival of the train, two or three hours were allowed for the visitersto walk about and view the points of interest and attraction about-the house, a description of which! will reserve for another letter.\u201cThey were then summoned to a dinner, which was amply provided in the new hotel.After the cloth was removed, speeches were made and sentiments given by most of the gentlemen whose names J have mentioned above.many of which provoked considerable mirth, \u2018I'he vecasion was à very interesting and pleasant one.At five o\u2019clock, it was announced that the train was in rendiness to take the party back to Portland.and the dinner was accordingly broken up, Those of the party whe had nei (like myself and many others,) become so fascinate] with their short\u201d viow of the place as to have determined to stay n few days, accordingly departed.All, 1 heliave, were highly delighted with their excursion, The Hotel at this place isa large and new one, and well furnished, It ix, however, wo over-crowded just now as hardly to bo capable of affording comfortable accommodations to the new comers who are eontinually thronging to it.Ever sinte the middle of lst week, each of the two daily trains from Portland has hrought a load of eager visiters.The landlord, Mr.Woodard, appears (0 exert himself to the utmost to accommodate his guests, and I doubt not that when all his arrangements shal) have been completed, everybody will be satisfied, Your's, CAROLUS: ret CiiaRLESTON, July 25.45 U a © © © 1» - ee 2e SES = + BoP = ms © v8 + = - ze w 88882 BE Éd& © - 5 © a nf 1 352 2 4 © © = ka Hp £5 m &3 Fey 9 Se gS 8 Rie ÊE \u2018 5 =& = gE +» 58 wn od wr ww 5 8 #38 m = Syl sp ë 2-59 8 BB ë 8 a Sg 8 giz - - 5 6 4 a° Fuld # sf \u2019 ae eo = wr| PT EE BI gS [a T Hf 3 £.2 } p » so « D MORKILL, © 7.Agent for Quebec, .Orriop, No.20, Fabrique Street.ay THE QUEBEC GAZETTE.BUSINESS DIRECTORY.ate ARCHD, CAMPBELL, Jux,, ADVOCATE.FRICE removed to his residence, No, 43, St, Ann Street, near the English Cathedral, Upper \u2018Town RCHER, N., Painter and Glazier, nud CR Paper Hanger, Nouvelle Street, St, Jobn Suburbs, \u2019 .SMEATON, TaiLor, No.33, St.John he St.- Newest styles of Fashions\u2014nest wormainahip\u2014puncetaality to orders.R OLE, Just.\u2014AUCTIONEER and ° COMMISSION AGENT, JAIL HILL.CAMPBELL, CABINET MAKER and * UNDERTAKER.All funerals punctually attended to.St.Vallier Street, St.Rochs.AIRNS, Merchant Tailor, No.2, St Louis Street Place d\u2019 Armes, opposite St, George's Hotel.HARLES CORNEIL, SavDLER, Harness and Trunk Marer, No.13, St.John St, R.J.LANDRY, iste House Surgeon of the Marine Uospital, has established his residnce in St.Ursule Street, No: 44, near St, John Street.\"ZR.WELLS has opened his Surgery at his father\u2019s residence, Mr.N.WgLLs, Fire Inspector No.32, Hope Street.AGLE LIFE ASSURANCE COMPANY'S AGENCY OFFICE, removed to Fraser's Buildibgs; St.James 8t., opposite to Customs House.TNUGENE TRUDEAU, Overseer of the 4 Sweeping of Chimaies; residence, No.10, St, Flavien Street Palace Ward, Upper Town, %o Mis particulariyrequested that ull orders for savepuns chimnies, will bein writing, and sent the evening previons to the sweepers being required.4 DWIN HULL, Clock & Wutchmaïer, No 19 St, Peter Street, opposite the Trinity House, Lower Town.EORGE TAYLOR, ParraT SLir, Point Levy.i AMBY F.CAIRNS.Anvocate, No.43, Haldimand Street.S.HHOSSACK, Notary Publie.\u2014CQflice, e No.39, St.Peter Street, nearly opposite to the Quebec Bank.N, WALLACE, PROVINCIAL LAND EUR- VEYOR, No.4, Haldimand Street, Cape.RS.LANE'S BOARDING HOUSE, No.41, St.Ursnle Street, Upper-Town, Quebec.L.RICHARDSON, Leather Merchants, + No.10, St.Peter Street, Malouin and Moccasin Boots and Shoes Wholesale.LIVIER LAPERRIÈRE, House Pan- TERAn\u201d GrAZIER, No.32, St.Enstache Street, St.Louis Suburb.\u2014Has good references as to abilities.P WHITHAM, Surgical lustrumeat Maker » und Cutler, No.36, St.Aun Street, op.positetho Scotch Church, Upper Town.UBT, NEILL, Watchmaker and Jeweller,successor to Mr.T.G.CaTHRO, Notre Damo, Street- ICHARD FREEMAN, Tanner, Currier I and Leather Merchant, 62, St.Vallier Stret.\u2014 Kips, and Calf Skins, Harness, Reino, Mill-Belts, Sole Yalouts and Moccassin Leather.Malouin and Moccasin Boots and Shoes wliolesale.UBERT WALSH, MILL-WRIGUT, St.Valtier Street, St.Roch\u2019s.H.REED, Upholsterer and Paper « Hanger curuer of St.Jobn and Stanislas Streets.{7 New Patterns, for Windows and Red Curtains received this Spring.M.HICK MAN, flair-Cutter, Wig-Mak.er, and Porfumer, successor to Mr.Fr.Wyss, No.26 Mountain Street Lower Town, V ILLIAM McMASTER, Watch-Maker, No.46, St John Street.\u2014On hand an excellent assortment of Clocks.Watches.aod Jewellery of the best quality and moderate prices.M.PATERSON, 51, St.Peter Street Lower Town, Wholesalo & Retail Grocer, Wine and Spirit Merchant, Mauufacturer of Starch, Sagars, Cordisls, Syrups, Xe.W I OLEHOUSE, PLusser, GLA- .ZIER, and PAINTER.Ships\u2019 Seuppers, Head Pumps, Lift and Force Pumps, Water Closets, &e No.3, Arsenal Street, Chrono :icter Repository.S.McLAUGHLAN, CURONOMETER AND WATCH-MAKER RATES DETERMINED BY THANBIT ORSERVATIONS, N.B.\u2014The most difficult Repairs executed.ST.LAWRENCE CIHHAMBERS, 27, Se, PETER STKEET.Quebec 4th June 1851.TU BENTIST.1 R.P.BAILLARGEON has moved to the corner of St.Angêlesnd John Street, Quebec, 161h April 1851.0 ATTENTION.AG HE Subscriber offers for SALE, on LIBERAL CONDITIONS, A SPLENDID LOT OF GROUND, situate oj'posite the ESPLANADE.F.EVANTUREL, No.32, St.Lewis Street.Quebce, 11th Dec, 1850.oy \u201cFor Sale at this Office, N ANSWER TO \u201c M,\" taken from his communication of the 9th February, (published in the Mercury), and respeetfully submitted for his inspection, by a Layman.The pamphlet contains ** M.'s\" letter to ** Anglicus,\u201d with\u201c Jason's\u201d reply.Published by Gilbert Stanley.Price, 6d.Quebec, 28th April, 1851.- LAW BLANKS FOR SALE At the Office of this Paper.« DR.McEEE, - SURGEON DENTIST, REMOVED, on the 1st ôf\" May, 1861, to No.20, Anne Street, orrOSITE TO St.Stantinas STREET.Quebec, 12th May, 1851.u JOHN OFARRELL, ADVOCATE, Removed on First of May, 1851 10 ; GARDEN STREET, HEXT DOOR TO THR URSULINE CONVENT, Tra rtillery Barrack.HEALTH WHERE TIS SOUGHT, CURE OF A DISORDERED LIVER AXD STOMACH, WIEN IN A MOST HOPELESS STATE.Extruet s a letter from Mr.Matthew Harvey, of Chapel Hall, Airdrie, Scotland, dated the 15thof Junuary, 1850.To Professor HoLtoway, Sig.\u2014 Your valuible P Jthave been the means, with God's blessing, 0 restoring me to a stare of perfect health, and at a time wien 1 though | was on the brink of the grave.| bad consulted several eminent Doclora, who, after doing what they could for me, stated that they considered my case as hopeless.1 ought to say that | had been suffuring from a Liver and Stomach complaint of long standing, which during the last two years got 50 much worse, that every one considered my condition as hopeless.I as a Isst resourced got 2 Box of your lis, which soon gave relief, and by persevering in their vse for some wecks, together with rubbing night and morning your Ointment over my chest and stomach, and rigbuside, 1 have by their means alone gotcompletes ly cured.and tothe astonishment of myseltand every body who knows me, (Signed) MATTHEW HARVEY.CURE OF A CASE OF WEAKNESS & DEBILITY, OF FOUR YEARS STANDING.Extract of à Lettter from Mr.Wm.Smith, of Ne 5, Little Thou Street, Gibson Street, Lawbeth, dated Dec.12th, 1849.To Professor HotLowar.S1k.\u2014=1 beg to inform you that for nearly five years I hodly knew what it was to have a day's health, sufe fering from extreme weakness and debility, with constant nerves headaches, giddiness, and sickness of the stomach, together with a great depression of spirits.| used to think that nothing could benefit me, us 1 had ueen to many medical! men, some of whom, atier dong ali that was in Cheir pswer, informed we that they considered that J bad some jAnnual Half yriy (Frterly i _y First | Second | Third Fourth jRemain-j| |One Franz leurs R'prominmivremiumiuremient 51 Five Five Five Five der of ; 2 Fre- Annual _ - \u2014\u2014\u2014!{9; J'rars Years, Years.Years.Life.=| miunt.[premium L s d|\\£ s d|£ 5 dij=: = 161 9117015 200 7 8 1£ 5 d.l£ s dj£ 5s d| £ s dE s di £ s dl ££ 5 d 70 lu 6/015 6/0 7 916/019 8) 311{1 8 6 115 9139 915018 6015 3 183 0 21015 940 7117 1 0 vil 4 S19 1] #14 52 0 8717019 1 0 ¢ 190 11 016 10 8 v8) 0 71 410,1 9 8| 115 2/2 1 13 9}0 17 110 8 7121(1 1 Of 1 6 4101 7 147 72 4 9211 OO T5 1 6 231 14 6017 GO 8 10428: 1 2 11 Grij 3 18 5 118 6.2 510) 21 010 1 5 2401 15 30171000 9 187 1 @ 74 7 51142 119 4127 eH NT 2511 16 0/0 18 310 9 ¢|24|1 3 11 & 0113 8 2 0 48 8 4/24 1 } 4/1 1 9 26) 1G 10| 018 8/0 9 5251 3 6/1 8 7} 114 5} £ 1 42 9 7/25:1 1 6/1 110 2701 17 9/019 110 9 812861 4 Olt 9 31115 M 2 2 5211 0j 2611 1 71 8 281 18 019 7 0- 9101l27| 1 4 611 plij1 16 | 2 5 6212 61271 1 9/1 \u20ac gai 19 71 O 1|010 128|1 5 1j1 30 7417 of 2 4 91234 11281 2311 @ 502 © s[1 0 70010 420/11 5 8111 4/118 of 2 6 0215 9/29 1 3 O1 2 3102 1 9/1 E 201} gid; G 4j 112 21 19 1j 2 7 4[217 61501 2 Hj1 ¢ Seig 21011 1 DO IDIL 5111 7 O1 13 3j 2 O 2 2 B1O0j219 5/51 1 2 M3 2 35lg 4 13 2 ajO 31 Bisel 7 9° 114 O2 ! 4 210 43 1 5% 2 51 3 342 5 51 3 0011 7j30 1 8 6115 0/9 2 8 2129 ols 5 7479 1 2 7/1 3 352 6 9/1 3 9JO 1111134 } 9 51116 0 2 4 of 213 915 51194 } 8 9105 36/2 8 31 4 6 012 4/h35/ 110 4/1 17 2/2 5 6 215 815 8 4] 5561 2 11j1 5 7 5712 91011 5 5/0 12 9/56, 111 3 118 52 7 of 217 8} 371 0,196 1 9 2/1 4 1 3812 11 5/1 6 1/015 e371 4/119 9/2 8 9 21910}3 13 93H 1 3 61 414 5912 13 20) 7 0OJO13 7158] 1 IS 6 2 1 2 210 6 53 2 117316 9/3${} SI0j 1 500 4olg 15 1/1 8 0| 014 q'iso| t 14 9j 2 2 glee 51 5 4 7/31911|59 1 4 F1 60 alle 17 111 9 0/014 THN 116 1| 2 4 4/2 34 6 307 214 5 4/40 1 4 91 6 9 422 19 2 110 11915 2°41{ 117 6 2 6 11916 9 310 1/4 7 0j 411105 48 7 7 435 1 5111 2j O15 91421 10 1 2 8 vu 219 1| 313 1} 4 10 11 42/1 6 O1 8 7 44/3 3 9 112 5016 414512 O M 210 113 V B; 316 4,415 1431 6 91 9 458 G F1 13 KO 17 0,442 2 6219 55 4 5j 719 91419 61 44/1 7 7110 4613 8 1|1 15 1/0 17 R45/2 4 61214 #13 7 4] 4 3 65 4 3{ 45; 1 B 6j1 12 473 1 9116 6018 51612 6 7217 2/310 6 4 755 9 5/46 1 9 7113 8 48/3 14 O| 1 18 1/0 19 9/47: 2 #10} 219111 5 15 101 411 8 5 }4 Jo] 471 1 10 10,1 15 4 4915 18 0) 1 19 &| |! O olji8| 211 33 210317 5) 416 516 0 8| 48/1 128 2117 y 504 1 419 9 5 1 O71j;49! 2 131013 5114 1 4 5 7 16 611149: 1 15 B 119 e 514 5 ole 3 3/1 t 1ols0| 216 75 9 4/4 5 5j 5 6 5/6 15 7, 50/1 15 42 1 3 524 8 92 5 m1 210511219 #3121114 91) 500i 5 ola S117 $; 2 5810 534 121002 7 4/1 31523 21316100414 8 5171007 8 6/52 119 32 6 544 17 He 9 61 5 05513 6 44 1 Oj4at19 9 6 4 35/716 9) 552 ! 62 95 55i5 1 Heart 6 354/310 24 5 6/5 5 5] -U M 118 5 7) 54/2 F1} 212 7 565 6 6/214 4/1 7 655) 314 2/4 10 4531 !| 618 6) 815 11 55: 2 6 8,216 1 5715 11 8/9 17 0/1 80/56) 518 6 415 6/517 5 7 6 4|9 5 415% 2 9 721810 Sais 17 3 219 10} 1 10 30574 3 205 1 0|6 4 2 71410} 916 4) 57 2121085 4 0 5916 21113 9 10/1 13 10/58 4 8 315 7 0/611 6 8 4 010 8 15M 216 45 8 5 606 9 113 6 1/113 5/59 413 5135 5/619 5} 813 gin O 11595 U 2313 4 G16 15 8/3 9 115-2760 419 66 N 47 7 R 9 4 83)114 1/603 4 5318 4 627 g 8/313 oly 17 of join sila 4 4 627 10 1317 2119 0f Examrie.\u2014A person aged 30 (next birth day,).ge 3 2111410 7 47 18 114 1 ale 1 2lmay secure £1000 ut hisdeath, by the Annual pay} \"| * 19 94407 558 6 74 5 42 5 Slmento 6414 5 25 4 6568 15 8410 52 5 100£13 3 4 untilthe expiration of five years : 65;431 6/512 679 5 4/4 °F 5/9 8 5/16 1 8aferSvear,until the expiration often; 56, 418 616 1 a 68j9 15 ol 5 onjenr : years; 8728 06104 5910 6 10; 5 6 9 2 14 3] 1910 10 after 10 years, until the expiration of; 691 6 ; 2 0 IR 0 513 @ 217 À 15 years; S696 3 2172 9 mou\u201d \"fes = 23 alter 15 years, until the expiration of: Ea a ns 4 \u2014 ope me 20 vears; and | Ex \u2014~A person Exasriz.~A person aged 9E 15 0 afterg0 years, during the remainder of;[oged 30, (next birth 30{nextbirth.day) mas secure Life.lay)may secure-21600 £1000 at his death by payment | 2 his deceawe, provid- .| .ed hediewithinthelerm of With the option or alternative Tofone year, by he paye £90 6s, 8d.Annualy.{ment of £1) 0s 10d, Ofcontinuing either of.the payments throughour| | (2.)\u20144 person of 10 55.104.Half.yearly, or the whole term of life, and having the sum assured cle (he Res a £5 3s.4d.Quarerly, periodically diminished, according to the annexed povided he die within .; the term of?Years,b During the whole period of scale of reduction.the samme] aay aris bY Ife.£11 5 "]