Hansard's Parliamentary Debates

tioned in the Act? The noble and learned that if the law of the island were laxLord said that he considered this subject as in some respects he believed it was, to be one of great importance. For some this fact again would tell against the protime past what might be termed a “land prietors. The Commissioners were also question " had existed in the island. empowered to open up old questions The numbers of the owners of the soil whether the original conditions of grant were very small, and a strong demo- had been observed by the proprietors. cratic feeling prevailed in favour of the The Act purported to be one for changing compulsory sequestration of the land by leasehold into freehold tenures; but aii the tenants who held of them. This that it really did seemed to be to give to was not a new state of things in many the local Government power to acquire countries; but in Prince Edward's Island the land compulsorily from the proprieit had had considerably sway, the Local tors, while it did not give the tenants Legislature being more or less com- any statutory right of purchase. Mr. pletely elected by those whose influence Childers was going out as one of the was on the tenants' side. The conse- three Commissioners and the representaquence was that great efforts had been tive of the Governor General, and he made to bring about this result. Last wished to ask the noble Earl the Secreyear a very similar Act to that to which tary for the Colonies whether any inhe was now alluding passed the local structions had been given to Mr. Childers Legislature but failed to receive the to take a reasonable view of the rights Royal Assent, the Governor General in of the proprietors under the Act, and Council stating in a despatch to the whether Her Majesty's Government had Lieutenant-Governor of the island, that been able to do anything which would he was advised the Act was objection- lead to justice being done to the proable, because it did not provide an im- prietors ? Otherwise there was reason to partial arbitration for the purchase of believe that the true value of the land this property. The Act of 1874 was would be largely depreciated in the also objected to, because it was subver- course of the inquiry by the Commissive of the rights of property, harassing sioners. He wished also to ask the and ruinous to the owners, and a dan- noble Earl, whether the amount payable gerous precedent by the encouragement to the proprietors for the purchase of it held out to agitation. The Act of this their rights was limited to the sum of year differed from the Act of 1874 in $800,000, which he believed had been creating a more satisfactory tribunal for paid by the Canadian Government in the adjustment of these cases. Three consideration of the recent Federation? Commissioners were appointed-one by THE EARL OF CARNARVON: My the Governor General of Canada, one by Lords, I find some little difficulty in rethe local Government, and the third by plying in any detail to the noble and the Island proprietors. In 1860 the learned Lord, and for this reason—that proprietors, most of them resident in the Act which he has brought under the this country, were very willing to settle notice of your Lordships is not an Act all disputes, and the matter was referred which has been passed in the ordinary to Commissioners, who reported that course of Colonial legislation. In the the basis of compromise should be ordinary course of Colonial legislation an that the lands should be valued at Act passed by the Colonial Legislature 20 years' purchase, the purchase-money is sent home to this country, either for being regulated by the amount of rents sanction or disallowance by the Crown; stipulated to be paid. This compromise and, of course, the responsibility in such had never been carried out. An Act had cases rests with the Minister who advises now been passed which bore very harshly the Crown. This Act, however, stands upon the proprietors. The Commis-on a different footing. It is passed by sioners were to settle the amount to be the Provincial Legislature of the Domipaid, taking into consideration not how nion of Canada ; and under the Canadian much rent had been reserved, but how Federation Act of 1867 it is provided much was paid, so that proprietors who that Acts so passed shall be allowed or had been lax in enforcing their rights | disallowed, not by the Crown on the would suffer accordingly. The Commis- advice of the Minister in England, sioners were also to consider what was but by the Governor General. This Act the probability of recovering rents; so has followed the usual course. It has

Lord Penzance

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