Ordered, That the said Petition be received, and referred to the Committee of Supply.

Mr. Woodward, by leave, presented a Petition from Samuel M. Chamberlain, a licenced Auctioneer, of the City of Saint John, praying that a fine imposed upon him for selling by Auction without having first filed at the Treasury Office the Bonds required by Law from Auctioneers, may not be exacted, for the reasons set forth in the Petition; which he read.

Ordered, That the said Petition be received, and lie on the Table.

Mr. Jordan, by leave, presented a Petition from Jacob Bradshaw, praying to be refunded a sum stated to be over expended in the year 1834, as Commissioner for expending a grant of twenty five pounds for cutting down the rock on the west side of the East Creek in the Parish of Saint Martins, in the County of Saint John; which he read.

And upon the question, that the said Petition be received and referred to the Committee of Supply, it was decided in the negative.

A Message from His Excellency the Lieutenant Governor.

The Honorable Mr. Johnston, by command of His Excellency, delivered the following Message :

"New Brunswick.

"Message to the House of Assembly, 19th February, 1840.

"J. HARVEY, Lt. Governor.

"The Lieutenant Governor 'submits to the House of Assembly, a Report of George Hayward and James A. Maclauchlan, Esquires, upon the subject of the Boom across the Restook River, and of the rate of Boomage, which, in their opinion, should be demanded; together with a Report upon a proper site for a Bridge over that Stream, to which the Lieutenant Governor invites the attention of the House, and recommends it to their favorable consideration, as an object of great public utility.

[See Appendix.]

"J. H."

The Honorable Mr. Johnston, also by command of His Excellency, laid before the House

Detailed account of the expenditure of £14,500, for the support of the Civil Government, during the past year-the same being furnished in pursuance of an Address to His Excellency, of the 17th instant.

[See Appendix.]

And he also laid before the House

Report from David Crocker and Alexander Goodfellow, Commissioners for exploring a line of Road from Miramichi to the Grand Lake.

On motion of Mr. Beardsley,

[See Appendix.]

The House went into Committee of the whole, in further consideration of a Bill to repeal "An Act in addition to an Act, intituled An Act for regulating Juries, and declaring the qualification of Jurors,' " passed in the thirty first year of the Reign of King George the Third; and to repeal the third section of " An Act for the regulating Juries, and declaring the qualification of Jurors," passed in the twenty sixth year of the said Reign; and to make further provision for the regulating Juries. Mr. Taylor in the Chair of the Committee.

Mr. Speaker resumed the Chair.

The Chairman reported, that the Committee having the Bill again before them, had made further progress therein, and he was directed to ask leave to sit again. Ordered, That the Report be accepted, and leave granted.

A Message from the Legislative Council.

Mr. Miller, Master in Chancery, informed the House that the Council had agreed to A Bill to continue the Act relating to Landlord and Tenant :

A Bill to continue the Act to regulate the Inspection of Dry and Pickled Fish for Home consumption and for Exportation:

A

A Bill to authorize the Grand Jurors of the several Counties within this Province to inspect the Public Accounts:

A Bill to authorize the Justices of the Peace in the County of York to make further provision for the payment of the Treasurer of that County:

A Bill to continue an Act in addition to an Act, intituled "An Act to repeal all the Laws in force for the organization and regulation of the Militia, and to make further provision for the same:'

Without making any amendment thereto.

And that the Legislative Council had also agreed to

A Bill to amend and continue an Act, intituled "An Act to repeal the Laws now in force for appointing Firewards and for the better extinguishing of Fires in the Town of Saint Andrews, and to make regulations more suitable to the said Town," and for other purposes therein mentioned,

With amendments, to which they desire the concurrence of the House.

Mr. End, pursuant to leave granted, brought in a Bill to authorize Her Majesty's Justices of the Peace for the County of Gloucester, to assess the same, for repairing the Public Buildings therein; which was read a first time.

Mr. Allen, by leave, presented a Petition from George E. Ketchum, Harry Jones, Richard R. Ketchum and Joseph A. C. Phillips, inhabitants of the Counties of York and Carleton, praying Legislative encouragement to enable them to facilitate the Communication between Fredericton and the upper part of the River Saint John, by means of Track Boats; which he read.

Ordered, That the said Petition be received, and referred to the Committee appointed to take into consideration the subject of Internal Communication in the Province, to report thereon.

Mr. Partelow, pursuant to leave granted, brought in a Bill to provide for the Inspection of Flour and Meal in this Province, which was read a first time.

Mr. Allen, by leave, presented a Petition from Joseph Burgoyne, of Kingsclear, in the County of York, praying_compensation for conveying Her Majesty's Mails over the River Saint John, at Burgoyne's Ferry, (so called); which he read. Ordered, That the said Petition be received, and referred to the Committee appointed to take into consideration the subject of Internal Communication in the Province, to report thereon.

Mr. Taylor, by leave, presented a Petition from Charles P. Wetmore, Benjamin Wolhaupter, L. A. Wilmot and Thomas Murray, Commissioners of the Alms House for the County of York, praying to be reimbursed expenses incurred in the support of Transient and Emigrant Poor, during the past year; which he read.

Ordered, That the said Petition be received, and referred to the Committee of Supply.

Mr. Partelow, by leave, presented a Petition from Thomas C. Everitt and Charles D. Everitt, of the City of Saint John, Flour Mill Owners and Co-partners in Trade, praying that no measures may be taken by the House to disturb the existing Duties on Foreign Flour; which he read.

Ordered, That the said Petition be received, and lie on the Table; and

On motion of Mr. Partelow,

Ordered, That the said Petition, as well as all others previously presented to the House, on the subject of the Duties on Foreign Flour and Salted Provisions, be referred to a Select Committee, to report thereon.

Ordered, That Mr. Palmer, Mr. Boyd, Mr. Rankin, Mr. M'Leod and Mr. Woodward, do compose the said Committee.

Mr. Woodward, by leave, presented a Petition from the Reverend Benjamin G. Gray and others, Members of Temperance Societies, and other inhabitants of the City of Saint John, praying that the Legislature may devise some measures to prevent the evils of Intemperance; which he read.

Ordered, That the said Petition be received, and lie on the Table.

Mr. End, by leave, presented a Petition from James Blackhall, of Carraquet, in the County

County of Gloucester, praying compensation for his services as Tide Surveyor, for the District of Shippegan and Carraquet, for the year 1839; which he read.

Ordered, That the said Petition be received, and referred to the Committee of Supply.

Mr. Allen, by leave, presented a Petition from Robert Eggar, of Fredericton, in the County of York, praying that certain Lands, situate at the Restook Falls, may be released from the liability for payment of the Crown debts of James Campbell, for the reasons set forth in his Petition; which he read.

Ordered, That the said Petition be received, and referred to the Committee appointed on the 12th instant, to investigate the subject of arrearages due on Crown Lands, to report thereon.

Mr. Taylor, by leave, presented a Petition from James De Bourke, of the Parish of Saint Mary's, in the County of York, praying compensation for teaching a School in the said Parish, for the period of one year, ending on the tenth day of June, 1837; which he read.

Ordered, That the said Petition be received, and referred to the Committee for taking Petitions of a like prayer under their consideration, to report thereon.

Mr. M'Leod, by leave, presented a Petition from Isaac Foshay, of the Parish of Sussex, in King's County, setting forth, that he had entered into a contract, in the year 1832, for building a Bridge over the Hammond River; that actions having been instituted against the Petitioner and his Sureties for not fulfilling the said contract, and praying relief in the premises for the reasons stated in the Petition; which he read.

Ordered, That the said Petition be received, and lie on the Table.

Mr. Street moved for leave to bring in a Bill, to extend the fourth section of an Act made and passed in the seventh year of the Reign of His late Majesty King William the Fourth, intituled "An Act to amend the Act to provide for the collection of the Revenues of the Province," to Woodstock, in the County of Carleton.

Leave granted.

The said Bill being brought in, was read a first time.

Mr. Hanington, by leave, presented a Petition from Elisha Stevens and 12 others, inhabitants of the County of Westmorland, praying that a grant may pass towards making a Survey of that part of the Bay of Fundy and Shepody River, which lies between Grindstone Island and M'Clellan's Landing; which he read.

Ordered, That the said Petition be received, and referred to the Committee of Trade.

Mr. Freeze, by leave, presented a Petition from John Drummond, of the Parish of Sussex, in King's County, praying that the House will adopt measures to oblige the Supervisor of the Great Road from Saint John to Hayward's Mills, in Sussex, to pay to the Petitioner the amount alleged to be due him on a Road Contract on that line; also A Petition from Alexander Campbell, of the same place, with a like prayer; which he severally read.

Ordered, That the said Petitions be received, and lie on the Table,

Mr. M'Leod, by leave, presented a Petition from Neil M'Laughlin, of Hampton, in King's County, praying that like measures be adopted to oblige the said Supervisor to pay the balance due on a contract; which he read.

Ordered, That the said Petition be received, and lie on the Table'; and

On motion of Mr. Partelow,

Ordered, That the Clerk of this House do furnish the Supervisor with certified Copies of the aforegoing Petitions.

Mr. Barberie, by leave, presented a Petition from Michael Harley, praying for Legislative aid for services performed as a Deputy Surveyor in the County of Gloucester, in making extensive Surveys of Crown Lands in that County, during a period of five years; which he read.

Ordered, That the said Petition be received, and referred to the Committee of Supply.

Mr.

Mr. Woodward, by leave, presented a Petition from James Lockwood, of the City of Saint John, Merchant, praying a return of Duties on Goods destroyed by the great Fire at that place, in August last; which he read.

Ordered, That the said Petition be received, and referred to the Committee for taking Petitions praying a like return of Duties under their consideration, to report thereon.

Prayers.

The House adjourned until to-morrow morning at 10 o'clock.

Friday, 21st February, 1840.

Read a second time the following Bills, viz :—

A Bill to alter and amend an Act to provide for the safe keeping of the County Records, so far as regards the County of Carleton :

A Bill for the division of the County of Westmorland into two Counties, and to pro-vide for the government and representation of the new County:

A Bill to extend the provisions of an Act to lay a Tax on Dogs in a certain part of the Parish of Chatham, to a certain part of the Parish of Newcastle, in the County of Northumberland :

A Bill to authorize Her Majesty's Justices of the Peace for the County of Gloucester to assess the same, for repairing the Public Buildings therein :

A Bill to provide for the Inspection of Flour and Meal in this Province: and

A Bill to extend the fourth Section of an Act made and passed in the seventh year of the Reign of His late Majesty King William the Fourth, intituled "An Act to amend the Act to provide for the collection of the Revenues of this Province," to Woodstock, in the County of Carleton.

A Message from His Excellency the Lieutenant Governor.

The Honorable Mr. Johnston, by command of His Excellency, delivered the following Message:

"New Brunswick.

Message to the House of Assembly, 20th February, 1840. "J. HARVEY, Lt. Governor.

"The Lieutenant Governor lays before the House of Assembly an Extract from the Minutes of the College Council, on the subject of the Charter of that Institution, and submits the same to the consideration of the House.

"J. H."

The document communicated in the aforegoing Message, being read at the Clerk's Table, is as follows:

IN COLLEGE COUNCIL, 18th February, 1840.

The Council having resumed the consideration of such modifications of the Charter as might be deemed expedient, and the Report of the Committee thereon, are of opinion, that the objects for which the College was established might be secured, and objections to its constitution in a great measure obviated, should Her Majesty be pleased to ordain and grant as follows, videlicet:

First. That the Governor, Lieutenant Governor or person administering the Government of the Province for the time being, shall be the Visitor.

Secondly. That the Chief Justice of the Province for the time being, be the Chancellor. Thirdly. That the President of the College be appointed by Her Majesty, Her Heirs and Successors, or by the Visitor on Her Majesty's behalf, and that the present provision in the Charter"That the Arch-Deacon of the Province for the time being, shall, by virtue of such his office, be at all times the President of the College," be rescinded.

Fourthly. That the Professors be appointed by Her Majesty, or the Visitor on Her Majesty's behalf, always requiring the Professor of Divinity to be a Clergyman of the United Church of England and Ireland.

Fifthly. That the Council consist of the Chancellor, the Bishop of the Diocese in which Fredericton may be situated, or (in the absence of the Bishop) the Arch-Deacon, the President of the College, the Master of the Rolls, the Speaker of the House of Assembly, the Secretary of the Province, the Attorney General, and six other Members, (of whom two shall be Professors in the College,) nominated or to be nominated by the Visitor, with the power of suspension in the Visitor now vested in the Chancellor, provided however, that the seat of any of the present Members of the Council shall not be affected hereby, and that no less than seven Members shall form a quorum for the despatch of business. Sixthly.

Sixthly. That it shall not be necessary that the Members of the Council be Graduates, nor shall any religious test or qualification be appointed for or required of them.

Seventhly. That the Council have power to make, revoke, renew, augment or alter Statutes, Rules and Ordinances, on the motion of any Member, without the previous sanction of the Chancellor, subject, however, to the approbation of the Visitor, as now provided by the Charter.

Eighthly. That the Registrar shall in each and every year prepare a full and detailed account, duly attested, of the income and expenditure of the College for the previous year, together with a statement of the number and names of all the Officers and Members, to be laid before the several Branches of the Provincial Legislature, within fourteen days after the meeting of the General Assembly.

The Council are further of opinion, that should the foregoing modifications of the Charter take place, it shall be expressly provided, that Divine Service in the College shall be performed according to the order, rites and ceremonies of the United Church of England and Ireland.

A true Extract from the College Minutes.

(Signed)

GEO. FRED. STREET, Registrar.

The Honorable Mr. Johnston also delivered the following Message from His Excellency :

"New Brunswick.

Message to the House of Assembly, 20th February, 1840.

"J. HARVEY, Lt. Governor.

"The Lieutenant Governor lays before the House of Assembly, a Letter, addressed to him by the Collector of the Customs, with a Copy of the Regulations proposed by the Commissioners of the Customs to be adopted for the Trade between this Province. and Nova Scotia, which the Lieutenant Governor submits to the consideration of the House.

"J. H."

The documents communicated by the aforegoing Message, being read at the Clerk's Table, are as follow:

SIR,

Custom House, Saint John, N. B. 15th July, 1839.

I have the honor to lay before Your Excellency a Copy of an Order which I have received from the Honorable the Commissioners of Customs, No. 40, dated 25th May last, enclosing a Copy of the Coasting Regulations proposed to be adopted between this Province and Nova Scotia. I also enclose a Copy of the said Regulations, and have the honor to observe to Your Excellency that the Regulations in question, if carried into operation, would be rendered nugatory by the existing Provincial Law, 6 Wm. 4, cap. 4, sec. 3, intituled "An Act to provide for the collection of the Revenue of the Province." It is, therefore, desirable, in my opinion, that prior to these regulations being adopted with reference to this Department, that the subject should be taken into consideration by the Provincial Authorities; I therefore transmit the accompanying papers, to enable Your Excellency, should Your Excellency think fit, to call for the Report of the Provincial Treasurer thereon, or refer the matter to the consideration of the Legislature of the Province.

In order that I may be able to comply with the directions contained in the Honorable Board's Order, I have respectfully to request that Your Excellency will be pleased to favor me with such observations as may, in Your Excellency's opinion, appear necessary.

I have the honor to be, Sir,

Your Excellency's obedient humble Servant,

H. BOWYER SMITH, Collector.

Custom House, London, 25th May, 1839.

The Board having caused Regulations to be prepared for establishing a Coasting Trade between the Provinces of Nova Scotia and New Brunswick, under the provisions of the 25th section of the Act 1st and 2d Victoria, cap. 113,

I have it in command to transmit herewith a Copy of the Coasting Regulations proposed to be adopted, and to direct you to report your observations thereon, and as to the practicability of giving effect to the same. You are also to communicate them to the Merchants and others interested in the measure, and to report to the Board any observations which such parties may make thereon. I am, Sir, your most obedient Servant, (Signed)

Collector, Saint John, New Brunswick.

J. KER.

Regulations for the Coasting Trade between the Provinces of New Brunswick and

Nova Scotia.

Whereas by an Act passed in the 3d and 4th years of the Reign of His late Majesty King William the Fourth, intituled "An Act to regulate the Trade of the British Possessions abroad,"