to any objection founded upon any principle of law or equity; and next,
whether it was possible, by any proceeding in law or equity, to give
effect to the wish of the Prince Edward Island legislature, by enabling
the proprietors or tenants to show cause why Her Majesty’s assent should
or should not be given to the proposed bill for giving effect to the
award of the commissioners. In their replies to the questions put, the
law officers of the Crown, Sir William Atherton and Sir Roundell Palmer,
said that they did not consider the term “award” applicable with any
propriety to the report of the commissioners of inquiry. There was no
reference or submission, properly so-called. The gentlemen who signed
the letter to the duke, dated the thirteenth of February, 1860, were
incompetent to bind the general body of proprietors of land in Prince
Edward Island, and had not attempted or professed to do so. _And on the
other hand, it was clear that they did not propose or intend by that
letter to bind themselves individually, unless the general body of
proprietors would be also bound._ The writer has put some of the words
of the law officers of the Crown in italics, in order that the reader
may specially mark them as bearing upon subsequent remarks which he
intends to offer. The law officers were further of opinion, upon the
substance of the case, that the commissioners had not executed the
authority which alone was proposed to be conferred upon them on the part
of the landowners who signed the letter of the thirteenth February,
1860; and that a recommendation that the price to be paid by a tenant
for the purchase of his land should be settled, in each particular
instance in which the landlord and tenant might differ about the same,
by arbitration, was not, either literally or substantially, within the
scope of that authority. The law officers of the Crown thus fortified
the position taken by the Duke of Newcastle and the proprietors, in
reference to the award of the commissioners.
In coming to a just decision respecting the conflicting opinions which
we have endeavored to present with precision and clearness, it is
necessary to review the whole proceedings.
Public-domain text, read in full here on John Shaqi.
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