CAPI-TOL Today and sot. “MYSTIZRY RIDERq"-COMEDY ANI_)_

and ooonterplot — romance riding along _t,|||| picture has

rytliing for an fining’: entertain- mmtl K

McCoy will thrill thrill you and make you cheer his daring stunts l

“PLUNKED 0N THE CORNER” C o m e d y

And Serial

. , r ‘ VVVVVWVN/fii ATHERS

continued from page I

two y-cars. The father at the same time had n like account in the same _ _ _ Bank with $710.94 to his credit, and nesses were called by the dcfcndanti it ivss against these accounts the said

-. spend a night of adventure with th» linriillf 11°11‘. "1 New York In I111" ault of Sailor I-‘rlllk

IIIIII hln crew M

dnrlnl river 111F111‘

', en A modern CID‘

i tuln Kidd v11!‘ 111' nmonl the

ll ‘m a oi’ “un-

IIIIppIIII

Central Guardian

IIIGIIFIELD- ‘rheii will i» di- vine service in the Presbylfiflll Church on Sunday at 8 p. m. Rev. W. Bruce Muir will conduct the NW1”-

ANGLICAN SERVICES- Sundllfi May 12, Evensong 7.80. Spririlflflm Saint Elizabeth's Church, Friday, May l0, Evensong 7.30. Sunday, May l2. Holy Communion, 11.00.

WONDERFUL BARGAINS 111 Men's and Boy's Clothing at tho Men's Store during the great cloth- ing sale. Moore do McLeod, Limited.

3732-5-10-21

SALE OF MEN'S and Young M61115 Suits at $10.00 during the great sale- Moore 6a McLeod, Limited.

3732-5-10-21

IVINSLOE SERVICES — Services in the Winsloe United Churches for‘ Sunday next, May 12th will be 115 follows-J-iighfleld at, 11 a. m-I Prince gown Rodd a; 3 p, m.; Winsloe North

‘ be observed. G. A. Grant, minister.

- HAVE YOU SEEN our record brook

Leod, Limited. " 8732-5-10-21 SMADL BOYS Oliver Twist 511114 sale price $1.95 each. Moore d: Mc- Lend. Limited. 3732-5-10-21

years.

Sunday, May 12th there will be ser- vice in the PresbyV-‘flflll

o. l

can sans‘. swim! “"17"” it ‘Pocono. aisz-s-io-ii

—'— , 1‘ ui k d coi-uih no. u. o. JOHNSON! omce W111 Q ..°s,,,,,f,__s,,,,.._,,, Y," M” Back

be closed until M8)’ 3131"- e 3759-5-10-31 You

PILES. GO g 1

Belief W

u

have everything to

s. A. McDONALIYS ‘bis clothing 1mm“ 1°1°‘° 111' @1118 "

sale starts this mornlni- 119% 1113'

count.

TAG DAY-Mayflower tag day for r. a. c. A., saiurday M115’ 11th. hold-

quartcrs, Canadian Legion rooms. 4 3728-5-10-11

50c at

in ' . .. Boil Salvo. This new ointment on“ you to get quick relief from m, , 3746-5-10-21 mg, burning, swelling of Piles for good. as cessiully tested in thousands o; m“

It eoeto you nothlri benefit. Alter “Soollin-lnlrn." If yo Just return the empty fln

1i _ —iindt n h ° ffiu‘:

all druggists.

l‘ if

lllllll fwianhoflrzs

ll lrs not oaths" I to hon‘

fires Limited, Ottawa, 0nt., and o,‘ ‘u,

WHOLESALE PRICES on Men's

Moore d: McLeod. 11111111811-

refuntl your money.

, and Boy's Clothing during our nlo- -.-——-—-—-——-——-—-§

3732-5-10-21 PALACE UNEARTHED

I

20% DISCOUNT on Men-s‘ and Boys’ cloihing. This means ‘he big- gest values in the clty- 5- A- M1!‘ Donald. ‘ 111411-5-111-21

l

A. Bell of Milton, announces the 811- 51111 "1 gagement of her daughter. Mildred. to Mr. George Dockendorff of North]

month.

The

20% DISCOUNT on Men's and

S. A. McDonald. 3746-5-10-21 to the

e l d. MURRAY HARBOR NORTH —-0n p 1°

Church,

The announcement was recent] by Prof’. James

or" ISRABI/S CAPT“!

CHICAGO, Ill., May 0-5 pa“ built 700 years home o! the Assyrian king, sumo,“ who took the ten tribes of Israel ENGAGEMENT - Mrs. Catherine 1-1V9—— 18 b61115 excavated by U

before Chfl5[,.__

Clp

nivep Chicago scientists in Egypt

l’ midi Henry Breast“

, minent Egyptologist and dirgcio . at 7.30 p, m. Mothers Sunday W111 River. Marriage to take place this ° . ‘ ro. 3743_5_w_l, the universltys oriental institute, o;

his return from Egypt and Palcslmg,

palace of Sargon, who 15 m

_ f il _ til f til I ing Blue Serge Suit at $25.00. Shown Boys clothing Sale ends Saturday. amo s a‘ B B er ° 88111151119111

is expected to yield inscripii at the clothing sale. Moore d: Mfr- May 18. Biggest sale in the last 15 Tums swing valuable mrormznzfig

life and architecture old"

but certain documents were put in‘ cicqucs wore ifipecilveiy day/n. The,

evidence.‘ The juiy found a. verdict: account of the son has since been M11179)’ 1111111191‘ 11111111 1'11 11 5- m‘

RETIJRNED TO SAINT JOHN — and 7 m. and at Peters Roads:

for the plaintiff.

no defendant now moves iliisi The son has always lived at homel

y depleted.

Court to set aside the verdict and ln-‘ and had kivcii all his time to working stead thereof co enter a judgment of‘ on the form. He is the oldest of the nonsult on the grounds: 1 family. The grF-ntcr part of the money 1. That pléfintilflailed to establisli1 in lil: Bank czinic from the sale off. title to or ownership in himself of the seed potatoes grown on the farm, Mrs. motor car claimed by him iii this‘ Cairns appears to liiive managed the 8mm, 1finunccs of the Lmlly. She had the- 2, That the evidence for the plaln_ bank books under hcr care. She says m: shows that he either caused the. "I put tho money in whichever book motor car to be registered in tlic I took up. I did not look which was name of Alfrod calms or stood by. which. If Mi". Cairns WEIIC to deposit and permitted it to be so registovcdj I gave him his book. If Alfred went I and cannot now be heard as against? gave him his book." The father says tho defendant to claim ownership; “I did not authorize wife or son to1 thoroog put the money in the son's account.” In the alternative the [i1ai1itii‘f"1-11¢ ioilivi" claimed that the money, claims a new trial on the grounds, "belonged l0 11111 1101118 91111091511111 115i that the verdict was contrary to U10‘ llie ordinflfl’ 1101116 15-" evidence; against the weight of evif deuce and contrary to law; also for? nus-direction. ‘

Plaintiff's

l l.

Registration of Car '

l

The evidence as to the registration,

of the cai" is that the plaintiff says that his son had nothing to do with the purchase of the car and he‘ ; lpiilillllfil liarl nothing to do with the W315i ailoii Oitilr) car. ‘

Testimony

The plaintiff testified that about‘ the first week in June 1928 he liad hfiugfit from one, Norman J. Nichol- Wnf-‘Eem 11191511113 1111 Essex 5131111111 question of registration to Niflilbl‘, :51; firstugztizgsg :51 f;Cl1—-ile was to get the car resisteredfl of Alfred Cairns llifllfltlifs. son qon1 "I md 11-011,- he Sam’ “persénaux make the Bani: of Commerce at Sourls, for anf-mpgcftlon for a perm“ or license‘ $600.00 and new OI plaintiff my; l dill no. kIIOW-ilé‘ (NiChOiSOll) was $580.00: On the same do)’ Dlalntiil: mflk-mg .11" {111131161111011-{011 a perm“ redeemed his note with his own‘ m lil-Cmée for- me‘ I ma not See “WI cheque for $550.00 on the same Bank. 1111111113110“ S1Fi1€d1 I knew an" the, He says he gt‘. Grllveri of the car 0111 3113121111611111112”l1vo1,;1:,-:n:;:: atdcklt] Kile: 1 the same day but lct the ogciih, “as ,.,.,.i=u.,.ed\n, , e .3 m Nicholson‘ have it to g0 back to Mon‘ . my. sons name. 1 11 "the son," then l8 or lg yogic“ :32; 11521151113110“ by mail,“ he iald, “I have was put in evidence. It showed that‘ [1 m e 2.1m? prgduccd me regismi. at the “me of me lmrchase of the C“. so? fllgagiilscihowing the name of the 2251:1158?) 3154:5211; lilhéhzaljfigltnlillill-Zv c Norman-J liliciiolson, the agent. for principal and interest the sum of‘ ‘fill: my“ ‘til-fled had no more m do $775.22 made up cf sis deposits three hhe 111111118158- 0’ the C“ than Iiade by the son and three-by his evgrue ms chequa I was to nother, extending over a Dcilod 01;‘. 111E we C“ registered‘ P11111915

We got the

1m

‘ got tlie-pcriiiit to drive. I don't drives’

VICITQR Milhfillifi

ALso LAURELTHARDY WAND ‘SERIAQ

mgooymho‘dingo-chaos to i..;=.7i;.";o;.-.

it registered. I had no instructions to have it registered in the son's name. I signed the application for divers, license without Frank's lplaintiffsl,’ athority. I thought Frank the‘, owner." ' 1

This is all the more unaccountable.‘ when it appears from the documents‘ in evidence that on the day of the‘ sale (6th June 1928) this same agentl flllecl in and signed ivliii the plaintiff's‘ name "per-N. J. N." an application for,‘ a driver's license for the plaintiff as: a member of the family of the owner“ and athtc same time certified that he‘. lalntilf) was capable of operating a1

motor vehicle and qualified to receive!

l

and apparently at the same place he,‘ filled in an application for an o\vner'sf license on behalf of Alfred Cairns, (the son), _which Alfred signed and, which Nicholson certified. On these, respective applications made out atf Souris on the day of the sale an: operator's license was granted by the , Deputy Provincial Secretary in lav-l our of the plaintiff and an owner's license in favour of the san, and the‘ same N. J. Nicholson as dealer in“ t compliance with the provisions of the: ‘Statute mailed tu the Registrar of.

Motor Vehicles, Charlottetown, a stairiped card-iii compliance vvithl l‘ Sec. l8 of the Act-reporting that hej ‘ilad that day sold to ilic son an" i Essex sedan car. It is quite‘ cvidciiti ‘that Mr. Nicholson's recollection oi,

ilie facts and the actual facts were,‘ ' totally unrelated.

l Son's Name on Register 1

l

There remains the evrdence of the

of the registration and the llcciise to‘

To wilatiexteht, if BIIYIIIHS is defendant in this case sued the lie established that claim? We have son who offered no defense. He re- secn how the money came to purchase covered a judgment for his damages it. slightly more than one hslf be- and seized the car but if the plaln_-- longed to the son and the balance ioitlffs contention should prevail it is the plaintiff. Tlic further evldeiice!o fruitless judgment and his execu- is that the car ivas registered in the {ion grasped a. shadow for now the son's name and the plaintiff 8,Cqii18S—1.p1all‘ltiff steps out of the dark and ccd. The son in consequence ilEid15ny5 thatthe soii, notwithstanding the insignia of‘ title. .11! that was said and done, has not

[now oi" never had any share or int- lit-rest in the car and has not a penny that could be reached.

By "the Motor Vehicle Act 1922"" it1 is provided by Section 3 "that every, resident of this Province who is Oi‘! may hereafter be the owner of a1

. Provisions of Act

Onus on Plaintiff

The defendant's motion for a non-

motor vehicle-shall file in the officey11111 P1115 119°" 111° 11131111117 111° °11115 - . o. driver's license and on the same day! of the (Provincial) Secretary a state-l“ 511°11'11"! 111111 11° made ‘>111 11 P11‘

mem of his name and address “dthjzms facle case at the trial, that not s. brief description of the vehicle 1.01111)‘ W115 11E 11111 0W1“? °1 11119 9111' 111 be re lstcrcd." These allegations must; the lime it, was seized by 1116 51181111 bc vcflfied on oath if the Secretary solbu: that he was anti-led to hold it l~equ1fe5_ ‘as against, the defendant (the execu- By goo-don z, 5_ s, d) o; the Aotlticn creditor). Has the plaintiff es- Owner" shall mean the person inlzabllslicd primo. facie that title and whose name the motor vehicle 15.111111 113111? registered with the Provinc1§i§§Cj If o1 tlleirlal "the plaintiff 1nd yoYoTyj" ‘ ‘given evidence of his ownership of Section 6 provides that “on salcqthe car simply and stopped there a etc, oi’ cnr any 1icrmit, other than ulprima faclo case might have been dealer's permit, shall terminate fllliilnlflde out. but llie plaintiff's case dirl shall be returned wltliln twciitjc-four

lino: end there. If went on 1o disclose hours to the Secretory. v11" mid bYELhat remarkable succession of events Section 7 it is provided flat “l\’ilCll-,1\vhich resulted in the car being reg- ever any DQTSOIIrOUIEI‘ flimi a deslerqistered not in the name of the own. sclls, exchanges or otherivisc disposesler out of o person “rho (doom-did; of any motor vehicle-lie shall within to me plaintiff's evidence) owned 24 1101115 110111)’ i118 508101-8123’ byliict the least share or intcifcst in it. registered letter giving the full name

and address of the person who has acquired the motor vehicle.”

The Statute says that registration of a car must be made in the name

i . " i . - 174131135; 11nd nothing to do with! plaintiff‘ that he had left the matter of the mm“ ‘me statute 1s (eslgn

ed to serve several purposes but main-

“_"'-'——-l Nicholson and when the registration‘ 1y the 11111110” or protecting the 1111111]

As a govcmmeiit record office it

lElthcr wilfully or negligently, it mat- itcrs not. the agent of the plaintiff lregistered tlie car in the name of the lplaintiffs son, took out licenses. etc. ,Then in a few days the registration indoors arrived at the family home ‘land the plaintiff swears that he then knew the car was registered in the son's name. He made no objec-

Rov. Sydney Boi-inell who has been on the Island in connection W111i British Foreign Blbls work, left yes- terday morning for Saint John. N-. B.

BOYS SUITS WORTH t0 $12-91) will clear durinB sale at 91-511 111°11- Moore dc McLeod, Limited. 3732-5-10-21

PRESBYIERIAN SERVICES B5 follows, May IZth-Hsrrlngton at 1i a. m.; Marshfield at 7 p. m. Mothers poy serviced at, both churches. Dr. M. E. Genge, pastor.

cums Riven-on simdsy. May 12d», the service in the Presbyterian Church, Clyde River will be at 3 P- m.; Sunday School 2 ‘P~ 1'11-

al consequence and the 11111113 15°13 case for the plaintiff would $11115 liave been completed. That is the principle of law illustrated in Smith ‘._ Kay q House of Lords Cases, page 7570, ivliere the element of fraud, was found lo exist. 11111 the 111111111179 in this case offered no such evidence.

i

No Evidence of Fraud at Ouisct

l i On the argument it was claimed on belialf of the plaintiff that there WM no fraud in this proceeding on the part of the plaintiff or iils son. From the evidence it does not appear that fraud was actually intended at the outset in the registration of the car in the son's name. There is little to show that at the time it was made it was more than an innocent misrep- resentation, but seeking now to take the benefit of the misrepresentation, however innocently made, at the tin-ie, is not distinguishable from making the same misrepresentation with a view to gain the same end. This principle is clearly, expressed in 2i Corpus Juris at page i123 (N. B.) thus: "The element of fraud

2.30 P. m.

‘shot, N.IS., this year and the fixiiil

BROOKI-‘IELD - The services 1Y1 the Brookfleld congregation, Sunday May 12th will be as follows-Harts- ville, 11 a. m.; Sunday School, 10 a. m.; Brookfield, 7.15 p. m.; 511111111)’ School 10.30 s, m. and Hunter River Sunday School, 10.30 a. m

l l

PRESBYTERY MEETING — T119

Presbytery of Prince Edward island will meet in regular session at 11 11- m. on Tuesday, May 14th, in Z1011 Church Hall, Charlottetown. There will be three sessions, morning, nfter- noon and evening. The evening meet- ing will bo a communion service for ministers and elders. NEW GLASGOW AND CAVEN- Instr-There will be Divine Worsnltl in the United Church, Sunday, MB)‘ l2 at New Glnsiwlll‘, 11 a- m~ 111111 at Cavendish, 7.30 p. m. Rev. H. S. Bis- hop, minister. Mother's Day 51111“ at both churches. The North Rus- tlco Sunday Sclicol will reopen 1111 Sunday morning.

MERCHANTS MEETING T0-

of holiday closing linurs during the summer will be discussed at a 511‘!- cial meeting of the 116N111 11191111111115 Association in the Board of ‘X18118 Rooms of, eight o'clock, There W111 doubtless be a large attendance, o5 both subjects are of considerable in- ierest to our merchants generally.

Footwear

All» With Panco Soles They Wear Better"

Brown Sandals, s to 715.. siu 8 to 10% 1m z

Brown Oxfords, 8 to 103i» $1.80. 11102 . . . . . . . . . ......S2.00 2H to 55$ . . . . . . . . . .. $2.40

Brown Boots, 5 to ‘I16 . . ll IA! 2 . . . . .. .. . 215 l0 515 . . . . . . . . . .. $3.75

Patent Leather Sandals,

8 to 1015 . ll to 2 Womcns

NIGHT-The removal of the 151111111 Militia units for training i0 Aldery TO STUDY FOX BUSINESS -

Messrs J. C. Griffiths of London, England, and D. H. Martin oi. Ash- ford. Kent, England. arrived in the city on Wednesday last. They P111“, pose studying the fox business ail one of our largest ranches. Mr. Gril- fiths’ father is Chief Veterinary Of-

nls

Patent Leather Oxfords,

We carry lower priced sunri-

510714 . . . . . ..Sl.60 81o I015 ll to2 ..

also, but recommend iihnve.

ALLzvoors

PABHIGNAQE FOOTWEAR

I Charlottetown 11 Post l-‘rec

1 l 5,1 papers presently reached the Cairns’! m‘ Q ‘l home by mail the plaintiflknew what1 1=1°1='"1"11 111° p1"°1‘“°"“ °1 “Y” “m1 1i had been done and acquiesced m it," it aids the law in making easier tire‘ | It clearly appnars that Nlnholson had] detection iincl punishment of those, 1 v 1' 1 v v 1 ‘ done what had been expected of him" “n0 break me lam’ and so the son's name remains on; | .

,1 the register as owner. iii-ml ii . .. a tth u I. l The ("use for the plainllff ll'i\'(1i\‘(’.'-1 w u“ n“ no e [a ‘er M“

1 Even if Nicholson. with the author- tlze owner of the car. that the father appeared there as having no further

» iiy which the plaintiff says ilc gave ccnnection ivltli tlie car than that he

flccr in Nyassaland, Africa. and Mr. Martin, Six, is in business in b3 native town. The Guardian wishes them success in their chosen P111195‘ sion.

lfion lo anyone-by his conduct he ‘must be iukcn to have acquiesced. All through the summer the official re- cord of motor vehicles in the office of the Provincial Secretary disclos- iczl in all wliom it might concern

appears when an effort is made to guinsay or deny the previous con- duct. This is sufficient to work an osmppel and bring in the element of moral wrong and there need be no previous corrupt practice or evil cle- sign. If the effort to deny ought not in good conscience to be successful,‘ then emerges the moral wrong which I the Court denomlnatcs fraud.‘ -

If the plaintifl was the true own-l

, coo PAI

R ' f“ r-o

Breach of‘ the Law

. mm to register the cm, had acted: this conclusion that in utter disregard

l: without special instructions or evenl 0f w” law m” 51m" Wm had m1‘ m” joohtrory to instructions the plaintiff °“"" ‘"151

It Pays to Use-

Crown fa’ Anchor Paint .

“—Wears for Years ”

Highest standard paint, rnado by Il- C. Jamicson do 00., Limited for over ‘l0 years.

i-HOUR QUICK ENAMEL-for woodwork, furniture. etc. Easy to apply because it fakes four hours to dry. All Colors.

4 - HOUR VARNISR STAIN - for floors and woodwork -- 9 booming] shades - Dries hard in four hours. '58 FINE FLOOR VARNISXI - The finest made. Dries brilliant and horn. First made In 185B; constantly kept up to date by modern methods. COPALLINE VARNISH _. A clean, transparent, general purpose varnish. Made from the highest grads in- gredients. 1

Como In and get a color card.

Rogers Hardware Co. Ltd

Corner Queen and Grafton Streets Charlottetown

. s/Qq. . 11111111111?) llwpqohldiiiin“

LC. JAMIEBON 8c C0» Limited.

Famous for 70 yearn. It P!!! to‘ use good paint.

For Exterior and In- ‘ torior work ~ Us! CIOWN 51m ANCHOR Pure Prepar-

ndhintsln o wealth Olfltfitlol

‘Ion-Hardwood Floors- Ulrllifloorvornlsh.

‘he h” natoriochllnr- lkeOflilIflueYIlish.

by his subsequent conduct must be token to have ratified his acts. H01 accepted the position in relation tol the car oi’ holder of a driver's license1 granted to him as u mcmbcr oPthc; 111111113’ oi’ the owner.

That is how the record stood when the Writ of Flori Faclas was delivered to the Sheriff to be executed and the plaintiff claimed the car against the Sherifl.

It may be well now to consider how far the plaintiff has succeeded in making out a prlma facle case on the direct evidence of purchase. He claims that he was the sole owner of

‘slightest interest in the

h s b i" - .- - __ entered in the registry as its owner inst uses: ogwis; 2 fliers 111121156 r and the insignia of title put into his ’ u a ma“ H o