7 ~~ a. a a

t

Charlottetown, Aug 3, 1-70

x paid == Receipes mipeoemeomat _ ==

VOL. XXII. 1

en ica

Ghe Cxraminer Husiness Cards. IS PRINTED EVERY MONDAY BY ~~ P. R. BOWERS, FIA PPWY

AT HIS OFFICE, DORCHESTER STREET, ep % PRE —t =t @

A few doors Wes! of the Catholic C The above New Hotel, in Sydrey Street,

athedral. opposite Blatch and McKenzie’s. is pow open for the Pablic, The H H. AL is only one block south of the Market Square, affording Country People a favorable opportunity of obtaining Reteeshmeots for themselves, and good Stabling and Provender for their Llorsee

LLL LOLOL LO

TBRUMS OF SUBSSRIPTION: Ten Shillings ptr annam, in advance; or Twelve shillings whea not paid ia advance,

POSTERS AND HANDBILLS PRINTED AT THIS OFFICE.

_—_—_—e_—Ooe

TEL is determined to give the best possible satisfaction to his Patrons. rhe St bling is

F Qing Tow good, with abundance of Provender for! CLUBBING RA I G0: Horses. In connection with tie Hotel isa E will send the «: Examiner”’ for L871, supply of

\ aud any one of the tollowing pertod- ieals at the annexed rates, payable in ad

Groceries, Confectionary,» &-

S-+ven or eisht permanent Boarders can be

vance:

American Agriculturist, £0 38 Q/| 8ecommo fated at a reasonable rate per week. Atlantic Monthly, 3 0} Good People, please call and judge for Harper's Magazine, 3 0} yourselves!

Galaxy, 3 0 A. A. McKENZIE. Black woed's Magazine, 3. U Proprietor

Dublin University Magaz:ae, 0 0) Sydney Street, Chtown, Jan 23 1871. Leadoo Review, 0 oo ———-_

Dublin de 5 bcs: ta Edinbarah Jo, 0 Apothecaries’ Hall,

North British do, “' The Old Stand, West Corner of Queen

cute

et tt et et ht et et et OE x. -

i WELL SOARS

‘*This is true Liberty, ~hev Freeborn Men, having to advise the Public, may speak free.’---Euripides.

CHARLOTTETOWN, PRINCE EDWARD ISLAND, MONDAY, MAY 22, 1871,

The Proprietor of the RAPPY HOME Hv.-|

General Advertisements.

NNN RRR ree

Fruit & Ornamental Trees, Ke. |

7 Subscriber will offer for Sale, in their |

LIFE & ACCIDENT INSURANCE

proper season, the following

P| ‘gy Fruir Trees!

800 Grafted Ap) le,of 7 different hardy kinds, |

at 24s. per doz. a part of which are from | | Cornwallis, N.S; 80 Crab Apple Trees,at.

3s. each ; 1000 U grafted or Seedling Ap- |

ple, raised from tie Baldwin Apple Seea, | These are sure to be hardy, and we have | | n> reasun to doubt but they will yield, fruit, after thoir kind are from 5 to 7 feet | high;

sold at Its

| Gage, as good as can be had on the Ielnd, | | 9a, to 22s, per doz.

| Cherry. Is, each ; Bushes 5s per dozen,

ORNAMENTAL!

|700 Lombardy Poplars. 6s.to 9s. per dozen I expect a few dozen of Oak Trees.

GURDEN & OTHER SEEDS!

A'so, a large variety of different kinds of Seeds, suitable for Market or private Gardens.

(See Catalogues of Seeds and Tregs),

The above will be offered for sale at the Sub- scriber’s, and at bis large Doub'e Stall inthe Market House, Charlottetown, on Market Days,

| 500 Black Currant. }

Orders sent will be thankfully received and attended to

In regard to Cabbage and other Plants. [ am making preparations to supply the Mar- ket boxed as last year, having 20 ibs. of select Seeds in reserve for that purpose.

North American do, . > 0 Square, Every Saturday, Illustrated, 0 Aboletuh’s Sétieant, Os, 8 0 ESTABLISHED, 1810. Harper's Weekly, : v < By Steamer City of Cerk from ENGLAND. H arper’s Gazzar, : - yi = Brigantine James from MONTREAL Frank L onl e's Liiustrate) Newspaper, , v and other recent arrivals, the undersigned Boston Pilot, 3 Ol has completed his importtions for the winter New York Ledger, 2» U consisting rf do Weekly, a.@ = ; } GENUINE DRUGS & CHEMICALS do Tribune, 3 @ i , do World, 3 0 . - o We can einoly any of the Enzlish, American.| Dye Stalls, Vanishes; Paints, er Colonial Publications, at the lowest cash Vils, Colors, &e. rates a . = ka . 1 y P.R BOWERS. | PATENT MEDICINES, PERFUMERY, TUILET ARTICLES, &e., &. 1 Ta | ALMAN AG FOR M AY, The whole of which will be sold at a small ad er i} vance on cost, Moon's CHANGES. Speeral attention, by an experienced hand, to | Full Moon, 4th day. 6h. 43m even., E the preparation by day and night of Physicians

Last Quarter, Lith day. loa. Lim, morn., W.S W.: prescriptions and private recipes.

N w Moon, 19 n day, Oh, 3m. ra, 35 BO =. DESBRIS 7. Firat Quarter, 27th d iV, 79, OVUM, Morn, N. E. i Charlottetown, Jan. 2, i871. en fee ates | Pp pay SUN {SUN j fust 23 #3 > ‘ M WEEK) rises | sets ck (SO [Ss JQ Ss — | eee) ee ee AD i wii i ' en mt if la mn | I} Mun }t = 53) $3 WS a6) 7 BHiA13| > T tes cool I ae Bae fa gt . HERMANS, 3 Wed 47 6 3 15) 427, 944 19 Je] Hi y . > ah, | : mom bi dod nop fly “ fT Smith. | Geto) 4, 7 ¢ gow ltu te 21 QB Hanger Gan ad Tin- Smith, 51 Frid | 4 a 3 27) 8 sytt i 24] - “| Sat | 44 gs Jt PSHE SA 2! Porchesier Steet, 7| Sut 17 bl 3 S710 49) ve.| 27) . ‘ : ' a i : of 1) 3 ‘2 11 54) § 34) 30} (Next to ** Examiner’? Office.) 9 Tues 4ii taj 3 45 Mora) 2 29) 32) g REGS toreturn histhanks to the genera! to, Wed 4 } Va ; +") , £4 4 aia = | ** p»ublic forthe liberal patronage extended | aa Pan } ~“ ne a 3 ag) *? him since his commencement in business, a aoe a “| ; ~ 3} 52:63) gu} md asks fora continuance of the same. He ’ at ote OH de = | 11] Sun |t 357 19) 3 5a] 250) 730) 44 ieep8 constanty on hand + oo = = . vs oa ee i A meat Assortment of 8 ive * <2 oy 3D so 1 WaLed : : , i ae | iS wel) Si) a) tao) t) 95) 3a) TINWARE, KIPCHEN UTENSILS| i3 Tour} ; 24, 3 SO) 4 ivild du St] 19 F i | 20) 251 3 4slaete fil WY St] &C., &C., &e. } 20 Sat | 2 HS 4 Set whe >| ALL ORDERS in the above BUSINESS | 21 Sin [heii 3 ; 42) , ; t a : “A vill be punctually attended to 22 Mon | 2) - : = ene plipeam 7 Having lately made large purchases in the} 23 Tues 2) wy 3 S4tl 21] 110) 4) oLeapest Markets,intended for House Builders, | 24 Wed 2! ur SS VHLD 15 ‘| such as 25 Laur 2:5 311.3 23 dorn| 234 10 et 26 Fri 22 4 3 12) - 3 2i |Gas Pitting, Water Closets, SE At 42: 8 aS LY ba OBB] nied 23 Sun jt Wwi7 3 13 at 35) 5 15 | Beli Fittings, &.. Kc. 29 Mon | 1Y 3 i 2 57, 2 HO 17| Tam prepared to SELL THEM at RATES 30 Tues | Ls) 37| 2 49) 6 59} 2 o> 15) 48 LOW AS CAN BE HAD IN THE CITY, 3i Wed! 17 3992 41 252755 20) and will fit them up in a good workmanlike style

To a generous pablie, | would say, that ali } Orders in THIS BRANCH OF MY BUSI | }

NESS will be attended to with Despatch A Lotof irst Class WATiL.R COOLERS on } hand.

HENRY J. GAFFNEY, M. D. | PHYSICLAN & SURGEON, OFFIC <4 IN |

North American Hotel,

KENT S?1REET.

SAVER’S CRYSTAL BLUE, Sold Cheaper than ever Tulv 12, 1369

BOSTON STEAMERS |

MR, A. SMYTHE; PROFESSOR OF MUSIC,

Has Removed his Ac.demy to Water St,, (Opposite the late lelegraph Office.)

& ‘Commerce,

‘Alhambra’

— NE of the above Steamers wil! leave Bos- Pianolorte and Melo!eon Tuning punc-e ton every Saturpay for this Port, via tually atteaded to. Halifax and Canso, commeneing on the 8h July 25, 1870 y | inst. and wiil continue, until farther notice a | Returning will leave Charlottetown every

| Thursday, at 12 o'clock, noon.

CARVELL BROTHERS, 1 Y For Freight or Passage apply to A UC 110 NEERS, | ' CARVELL tn Agents, Commission Merchants, | cron srrtto ttt

goby AED = Apothecaries’ Hall, GEARRAL S0BDEE, The Old Stand, West Corner of Queen Square.

BANK BUILDING, QUEEN SURE, ceuaenaeanenitaeins Charlottetown, P. E Island | [UST RECEIVED, a fresh supply of FEL- A. MceNEILL J Lows’ COMPOUND SYRUP OF HY-

im ‘ 4 s

POPHOSPHITES, and Wyeth Brothers? COM- Reading Room apenesee

| POUND SYRUP of PHOSPHATES (Chemical EDLUISSION MEREMANE

Food). AND

AUCTIONEER. CHARLOTTETOWN, |

lyr

—ALSO — A Good Assortment of Aniline Dyes, Koseine, Ke. T. DESBRISAY.

Ch’town, Jan, 2, 1871.

March 21,1870. WILLIAM DODD, Salt! Salt! Salt!

Commission VWerchant and

AUCTIONEER, QUEEN SQUARE, CHARLOTTETOWN, P. E. ISLAND.

10,000 bushels Cadiz Salt.

fi Subscriber off'rs FOR SALE, im- mediately on arrival, in lots tosuit pur- chasers the Cargo of the Brigantine Katie, pow op her way {rom Cadiz, GEORGE W. HOWLAN. Cascumpee, April 3. is7l hej2m

BOOB

A RED SETTER DOG, slightly lame, answers to the name of ** Bran,’’ Who- lever brings the same to Government House, or gives such information as may lead to his recovery, will be handsomely rewarded.

Pr:vate Secretary’s Office, April 17, 1871.

fH. HASZARD- Commission Merchant, GENERAL AGENT,

AND AUCTIONEER Uppe. Queen Street, Charlottetown, ¢ ® » P. E. i, N. B.—Orders from abroad, and the country

— wil! -eceive promptattention. April 26,1869

i871 Fresh Seeds. 1871 gods, Seeds. Seeds.

(; ARDEN, AG RICULTURAL, and FLOWER SE¥DS and BULBS.

INDIAN CORN

Grown by an expernenced cultivator in CORNWALLIS. For Sale by

RESH and good for the Garden and 6 te BEER & SONS’,

April 24,1871. tm

Seed Store. |

EGGS.—I will pay the Highest Cash | Price for any number of Eggs, at the Market | House. JAMES. J. GAY. |

Pownal Village, L>t 49 April 20, 2871. ;

|

T TO ALL PL‘CE8 IN Canada, Western States, California, ete., May be had at lowest rates, on application to F. W. HALES, Steam Navigation Company's Office,

Lower Weter Street. Ch’tow, Apri]. 24 1871.

COLFORD BROs.,

Importers and Dealers in TOBACCO,

and Smekers Articles,

Ne on aed N. 8. May 1, 1871. ly

COTTON WARPS. ROM NEW BRUNSWICK COTTON MILLS.

9 Bales Assorted Numbers in White and Colored, FOR SALE by

CARVELL BROS.’ May 1, 1871.

Vaccination.

7 accordance with the “ Act to promote Vaccination,’ I have appointed Doctor Jobnson'’s Dispensary. Kent Street, as the nlace where I wili attend, every Tuesday and Wednesday, from 2 to 40’clock. p. m., in order to Vaccinate those who may attend for such purpose. H. A. JOHNSON, Saperintendant of Vaccination for Ch’town ard Royalty, April 24, 1871—1 m

AT Queen Square Furniture Store ! Children’s Carriages, At a discount of 20 per cent from usval prices JOHN NEWSON.

April 24, 1871.

Cheap China and Earthenware Store.

JUST RECEIVED FROM ENGLAND, A LARGE ASSORTMENT OF

Dinner Sets, China Sets, Stone China sets, Toilet Sets,

And a Handscme Assortment of

BARPUBSYWARSB

of all descriptions, to b+ sold Cheap, Wholesale and Retail,

J. LaLACHEUR. Old Stand, Reddin’s Building, Queen Street. Ch’town, May 1, 187!.

to 12s. per doz. 300) Large B ue Plam Trees, and a few Green |

ON EE POI MRI ope

P

PONIES ye Seta:

Wy WY >

r

G

2,

Po NE. Si OE PS Ny LE ET ORI. IR EE oc

OLITICS, LITERATURE AND NEWS,

ED

Insurance.

é‘ <a mY ThA The Travellers’ Insurance Comp’y roots POWMIL MUINEND, "means

‘Cash Assets - - - - - $1600,000.

—

Grants everything desirable in

ON THE MOST FAVORABLE TERMS.

Accident Department. HE Travellers’ Insurance Company, in its Accident Department, is a General Accident Jusurance Company, granting policies of Insurance against Death or wholly Disabling Iojary by Ac- cident to men of ail trades, professions, and occa- patiens, at rates within the reach of alJ. It in- sures against aceicents by machinery, accidents from the use of tools aud impiemenis, accidents that occur in the usnal and lawful avocations of | life. as well as accidents by travel. Genera! Accident Policies are written for a term of one to twelve months each, and insure a sum of | $500 to $10 000 against Death by Accident and $3

A few dozen Red (¢, $50 weekly indemnity for wholly disabling in-

jury by aceident, not 10 exceed twenty-six weeks for any one accident, at an annual cost of $5 to $10 per thonsand for occupations not specially hazardous. Hazarious risks taken at bigher rates.

Lifo Department.

In its Life Department, the Travetlers grants ull Life and Endowment Policies, embracing the best features of the best companies, but without the complications or the uncertainties or the note system. It sells Insaraice rather than future dividends.’ Its coutract is a plain one, its secu- rity isample and unquestioned and its rates cf premivm are exceed! gly low. It prefers to do busivess on a cash basis, and thus gives its poliey- holders advantages uot attainable under the credit system.

Pretiium sysiem, the favorite low rate eash lan.

. All policies non-forfsitable. Its ten, fifteen and twenty year policies can be converted into Endow- ments, ut the option of the insarant. This feature is original with this Company.

The Travellers’ furnish everything desirable in either Life or Accident Insarance. It las issued 215 000 general accident policies and Puid Four- teen Thousand Claims for death or injury by ac- cident; the amount thas retarved to policy Rekdons averaging about Seven Handred Dollars a Day tor ever working day during the past seven years.

In its Lite department it has written 11,300 po licies; and its Low Kate Cash Plan is steadily growing in favor with the insuring public.

Example of Life Rates.

The holder of a pelicy for $4000 will pay an an nual premium of $7020, which will cost in most other companies very nearly $90 Hence the ae- sured can secure iu the Travellers a Life Policy

tur over $5000 for the sume annual premium #8 oes) |charged by other companies tor onty $1000, und Tg iil the insurance take effect from date of policy with- ert CT Pon Bef 8) out wailing tor bouns additions, which are uucer- oes ws ae SS toin, aud at best require the asrured to havea F guarantee of life for a number of years in order to

ROUGH TICKETS |“

Halifax Board of References: Hon W. A Henry, Mayor A. Uniacke, mn , Custos. S. lobiu, Key , Ex Mayor N Clark, keq., Clk. Peace. G. Taylor Esg., Sup. N.8- R. James Scott, ksq., Merchant. E. W. Chipman, sq , do W. N. Wickwire, My )., Medical Referee.

Canada Board of References: C. J. Brydges, Esq.. Managing Director Graad Trupk iailway, Montreal W.K. Muir, General - uperiutendent Great West- er’ Kailroad, Hamilton Hon L. Holton, late Minister of Finance, Moutre- al. Hon. Alexander Campbell, Commissioner of Crown Lands, Kingsto». Hon. W M, McMaster, M. L. C., Firm McMaster & Nephews, Mereliatits Toronto William Workman, Esq., President City Bank, Mou real Hugh Allen, Esq. Firm Hugh & Andrew Allen, General Me chants and Agents Moutreal Ocean Steamship Company. Moutreal. J. L- Beaudry, Esq, ‘ayor of Montreat. Edwin Atwater, Esq., Firm E Atwater & Co., Merchants and President Citizeus’ Insurance (o , Moutreal Henry Starnes, Esq., Manager Ontario Bank Montreal. . James Jolson, Esq, Ex-President Provincial Exhilitien, Lon ‘won. Applications for Life or Accident Insurance are respectiully solicited. J. D. WELLS. General Agent for Maritime Provinces.

Office in Veleod's Buildings, No. 114 Hollis Street, Halifax.

UNION HOUSE!

iurrah for the Railroad !

fEXHE Subscriber thankfnl to hie friends r and customers geverally, for their patron- age since his commencement in business in UNION HOUSE Charlottetown, und in scliciting a continuance of the same, heys leave to inform the public that he has refitted up the Unien House at a LARGE COST in- side and out, and is now prepared to accom- modate the

TRAVELLING FUBLIC, and hopes tu merit @sbare of Public Patronage If you want to be in the business part of Cbarlottetown, stay at the UNION HOUSE Tsrms Moperats.

A FIRST-CLASS BARBER’S SHOP in eounection with the Hotel, where you will always find the Baiber at Ins post, In con- nection with the above Hotel is an

OYSTER SALOON, fitted up in go6d style, second to none in the Provinces, where you can get Oysters done up in First Class Style, at any time ap to 11 o’clock, p. m,, Sundays excepted. CHOICE LIQUOZS of all kinds, the very best in the market, ard attent:ve waiters alwaysinattendance. Come one! Come all! But don’t get off the track. JOHN 8S. O’NEILL. Union House, Gant May 1, 1871.

3 m.

3m

AUCTION SALES

PUBLIC LANDS!

7 ENHE Commissioner of Public Lands will, i on THURSDAY, the 8th day of June next, at LO o’clock, a. m., 00 the spot, offer

NEW YORK FLOUR DEPOT.

Spring Importations. UST LANDED ex Schooner “ M. E. Mac-

Lean,” from New York—

. Flour, (‘resh ground,) ba Ay Heavy Sole Leather,

which will be sold

CHEAP FOR CASH-

WM. McGILL. Ch’town, April 24, 1871.—1 m

JUST RECEIVED.

Co-Partnership Notice.

R. WM. HENRY AITKEN bas, this Mi day, been admitted a partner in our

ae CARVELL BROS. Ob’town, April 24, 1871. 4in

WM. R. WATSON. City Drag Store, Victoria Building. April 17, 871.

‘YF ANDBILLS and POSTERS printed at Examiner Office.

a |

20 BBLS. CANADA FLODR, a su- merce, a further supply of that CORNMEAL. BLATCH & McKENZIE, May 8, 1871. Pat 20

perior article, To arrive by Com-

for sule, at Public Auction, by the lot, the whole of Cascumpec Point, comprising about 250 acres of excellent Jand, laid off fora town apd subdivided into 180 Lots, contain- ing an area varying from two roods to three acres each. Aceording to the pian of the same te be seen at this Office, and at the office of the Hon, G. W. Howlan, Alberton.

Purchasers will find in this property a valuaule investment ; it being situated in the harbor of Cascumpec, surrounded with good water privileges, and in the immediate vicinity of the terminus of the trunk line of railway to be constructed through this Island. It is eligibly situated for business, and, jadging from the rapid growth of Aiberton and the furtber contemplated facilites of communi cation, it is destined, ere long, to become @ town of considerable importance. -

Terasor SaLe —Tweoty per cent. deposit, and the balance payable in ons own annual i Imente with terest, paid yearly. Betis FRANCIS KELLY, Land Office, } ? 1m’. | May 11,1871. | till 8sb june.

in March.

| SUPREME COURT.

‘Important Civil Suits respecting the Right of Way and alleged Obstruction at the west end of Pownal Street.

THE CITY CORPORATION VS. J. 8. CARVELL, EsQ,

RESPONDENT, MARSHALL FLYNN: APPELLANT, DANIEL DINN.

An Appeal Case from the Mayor’s Court to the Supreme Count,

(Conrinven.) John McKinnon sworn, Examined by Mr,

E. Palmer. I have resided 43 years in the | Wess River. 1 know the end of Pownal | Street, and have come that way. I came that way because it wasa short cut, IL have brought loads of wood that way, and have seen others bring Joads, I have seen it used in fSummer to bring lighters up loaded with stone,

feet. Ihave landed stone and brick there when tide was high fur Mr Purdy. This wae 10 years ago. I was there this year, Took bo particular notice bow far breastwork was from the wharf—lI think it is 7 or & fect. A lighter could not get up there now unless it was a very Small one. [f have driven loads of hay up there, and have seen others do so. 1 cuuld pot now, Have seem people from Bel- fast and South Shore go and come that way. The obstruction is an incenvenience to the public at large,

Cvoss-examine! by Mr. Hodgson. I was not spoken to by the Mayor or City Couneil about this matter. [do not know that the Mayor tried to prevent tne obstruction,

John McLeam sworn, Examined by Mr, E. Paimer. [live inthe vicinity of Pownal Wharf, and am acquainted with it since its erection. [I have seen veople coming ashore near the west side of it, Tney came differert ways. I know position of the breastwork, Though people come different ways—yet all converge towards the end of Pownal Street, There isa spring to one side, and persons coming that way have to keep vear the wharf on one track. Cou!d het come through now, The wharf leaves a ridge of ice. Could not bring a good large load of wood or oakum, or boards that way now. Some years azo sever- al persone came that way. I have knew peo- ple to come in summer t..at way in lighters. Have seen people discharging from them, There have not been so many come that way of late years. A lighter could not come up ihere now unless one about seven feet wide, I saw the breastwork after part of it had been pulled down,

Cross-examined by Mr. L. H Davies, Af ter I came from Ualifernia I saw an old schooner near there. She was water-logged. She bud about same place as the present breasiwork, or a little further out. She liid ou her keel, and was about 12 feet wide. She was uwned by John Pardy who ordered her to be left there He and his brother managed their father’s estate, He was never prosecuted for leaving the schooner there to my know ledz+, She was curried away accidentally by the ice. She spread, her timbers went to peices and some of them lay there yet. The bark is steep, there is a gutter there formed by the water running down. Carts might go ap. I have seen horses with loade go up oc- casionaliy. There might be away there, buat it did no look like it. Mr. Purdie lived there sipce 1817 or 1848,

James Merry sworn, Examined by Mr. E. Palmer. [ am acquainted with Pownal Whart having worked there. I recollect when the obstruction was pnt up. It was commeneed i Dani+l Dion was overseer. [i was about 3 or 4 feet nearer the top of the wharf than atthe bottom. I saw the line tested the other day by Mr. Ball. I waited on him to take distances. M . Hodgson objected to thia being taken as evidence cn the ground that prosecution was travelling out of the vill of indictment, as the evidence shouid be based upon the breast- work as it stood in March, and not what it is now. Objection overuled. I was present this morning when Mr. Ball made his examination. The obstructien wasa ce’tain distance towards the houses, Lt might b+ 2 feet over the line of the street, ‘The old obstruction was over the range of the street. The present obstruction is about five inches at the top from being within range of the line ot houses, and at the bottom projects a foot beyond the line of the street. I think it was impossible for any sleigh to go through the gap before the second of March. A loaded sleigh of boxes or barrels could not get through now without touching the jagged ends of the trees and bush projecting out from the breast- work. Thedepth of water at the inside of the embankment is 5 or 6 teet. Iam work- ing * good spell in Char!otteiown, and for the list two years | worked down there, there hes been @ pretty good thoroughfare. The em- bankment at present crosses the track where sleighs usually come inte town in winter, In glib ice they come iu any where, but they must come through this gap. Cros‘e xamined by Mr.Charies Palmer. Froio the top ot the gap the distance across to the outside of the piles driven down alongside the wharf is abou: 34 feet. When I stood by the buildings the obstruction appeared to be pro- jecting outside the line of the street. I was uving this by myself, and had nobcdy to hold astick at the wharf to ascertain the exact distance. I just took a range of the breast work in a line with Mr. Rankin’s building. It might have projected more thaa a foot, but was not less than two inches. _ It is two feet further off from the end of the wharf now than it was then, The way I came at the two feet was by rule of measure. [ measured ‘the distance across in the first metance, aud measured it again to-day. had arod and laid it tpon the brush at the top, and thev measured the red with my rule, From the end of the brash tothe whart was 7 feet 8 inches. According to the survey itis 5 inches at the top of the breastwork within range of the street line. The d:fference between the first and second measurement is three feet and a half, The stick | measured with had some inches marked on it. I wasin a burry and bad not marked my name or initials upon the ole. r Jobn Gormley sworn. Examined by Hon. Atty. General. I reside in town and know where the obstruction ie. I was employed about it and helped to pull it down. ‘he work I pulled down was two or three feet off from the wharf, I did not measure it but I could step cnthe wharf, The obstruction ran east and west, and I helped pull down 30 feet of it in length. I sighted the obstre- t.on fiom Nei! Rankin’s house aud suppose it encroached on the street about font inches at the top and 2} feet atthe bottom. I have observed peopie landing there but not since the obstruction was erected. I could not pass there with the obstruction since March. The bottom of the present obstruction is on the line of the street. The obstruetion in March which we pulled down went two

present One...

Hie Honor ‘remarked that unless the build- ings sighted by witnesses were ascertain ed by competent surveyors provided with scientifiea] instrumente to be erected exactly on the line of the street, the evidence would amount to pothing in establishing the relative

| position of the breastwork:

= - t

[ NO. 21,

Witness resumed. The difference between meeting to show who were present, and, u1- the obstruction now and in March is about 2 like the City of London, the Mayor of this feet Or more off the wharf. In March J could Town has uo presumption in his favor at a}. step on the breastwork from the wharf, but The City of London has no charter, bat now I could not. The distance now is 7 feet from time immorial, has guaranteed certain 8 inches, and the depth of water outside the liberties suck as has never been claimed by this breastwork is about 6 feet—cannot say about city, and hence the Statute is our guide n the ce; th of water inside—~but they used to go civic matters, It is not merely directory, bat in with lighters and land brick on the wharf. mandatory ; it i8 not pe-miseive, but declara-

Cross-examined by Mr, Hodgson, Sleighs '¢J, Proving that no Bye-law has effext used to come up in winter—ihe passage was “ti! such is frst published for general intor- narrow enough, I swear a sleigh could not, ™#ton. Where is the proof here that such get through. His Worship the Mayor told, bas been the case? No Bye-law can have me to work. The Mayor was the boss, The) effect until the Statute is complied with, for it Mayor and some of the City Council were on *Pecially declares that ali Bye-laws sball be the wharf. Idid not hear the Mayor say that, "Uli and void until the same shall be publish. it must be pulled down, The wen while pul- @4+ Toe presumtioa as, that they cannot ling it down were guarded by the police, [Prove that it bas been published, and [ ask did not measure the distance ai present across YU" Lordship to let the words of the Statute ‘from wha-f to breastwork—=could not jump it. 28V@ their plain, simple effect. My Lord, ‘Idid nottry it. ba: fam quite sure that I thie document hus the same effect as a deed, | could do it quite easily in March. It then was signed, sealed, but not delivered. No proof three feet wide at top and two feer six inches | that notification of approval has been givea

}

The lighters were some of them three | w i dhe light t ce | was about two feet, perhaps it was. or tour feet in width, others were six or seven ' it might be three oo half,

L said

It might

; be 3 feet 9 inches, I will not swear it was four feet. Itmight beeight. Question.—if

/such a thing.

|ed off. I did uot swear it wus 2 feet across—it

& man swore it was 8 feet would he swear to what was false? Answer.—I don’t think that it was 8 feet. I will not swear to apy Perhaps i, migh be 10 feet for anything I know. I swear no such thing that it was ten feet. I will swear thit it was not 8 feet at the bottom. Perbaps it was, and perhaps it wa not—take it slanting and it might be, I did not measure the height of the wharf. I suppuse it was angling, it might be 14 feet and it might 11 feet, but I will not swear, Ido not know the height of the breastwork—it was not 10 feethigh. J know it was not because I could look over the top of it, I swear that I eouid see the top of the breastwor. on the 2nd of March. [I look- ed over the top of it standing on the ice. I sup- pose it wis 7 feet high or perhapssix, Iam not 7 feet high, I did not took at the sky at ail.

I was often down there and 4 ‘overst. I was “there all day working. © look

over it to measure it, ILdid uot say tie wharf was 14 feet high, it. might be 1g feet. I couid see over the top of the stove pipe in this room and I could see over the top of the breastwork. I got no instreetion from the Mayor to pull down the breastwork, Tue eity paidme. Allthe Councillors were not here. I was an hour and 25 minutes pulling it down. I will not underiake to say where the line of the street is, nor to say that Mr. Rankin’s house 1s on the line.

Jobn Ball sworn, Examined by Mr. E. Palmer. 1am land surveyor. This morning I went down and compared the line of ob struction with the Line of Pownal Street. The Mayor gave me instractions to go down and see whether the tuisance was upon the street or not. I took instruments with me. I took the centre of the street as near as I could get it, and ran off my distance from that. Rankin’s house is at the corner of the street, and the houses in that vicinity are very re gular moreso than you find them in almost any other part of the town.

A plan was here produced by William Crabb, Deputy Register of Deeds, based on the assumption that the factory and Rankin’s house were placed on the line of the street. The plan was objected to by Mr Hodgson, as bearing no more resemblance to the real ine of the street than a ledger does to the cash book; for, if the first entries made were incorrect, a'l subsequent would be in- correct in a similar manner to the first.

A plan of the City of Charlottetown, drawn by the Jate G-orge Wright, Esqr., then Sur- veyor General, was next produced, showing that Mr. Rank:n’s house is back from the line of the street, from a foot to eighteer inches. Witness—Joka Ball—went on tosay, He took Rankin’s House as « guide, supposing it to be correct, Al; sha other houses are in a range with Rankirs house, and were likewise off the «:veet. J ranged the breastwork with Rankin’s bouse, and found the end of it wes of the street. It was not u staunch, solid breastwork at the end, but as near as possible, it was off five inches, It was not built ap in regular blocks. The present obstruction at top is 5 inches west of Rankin’s line. In order to get the exact centre of the street, we should have to get the little bloeks that have

,at bottom. | could notsay how mach it leveli- | lies before us, or that it ever received the

the sanction of the Lieutenant Governor. They are bound to prove a notice of approval,

Mr. E, Pa we: said that it was like ao Act going home for the Royal assent, and nat being heard of for lenzt of time—say three or six months — that silence or non-agsent is taken for approval, and bas none the less force in law.

Mr. Hepcson—I have never had the honor of a seat inthe Executive Council, but I have yet to fearn that his Honor’s approval can give effect to an Act of the Legislature, If _your Lordship please, I will name again the objection rajsed on the ground of a Gun-euit ih this case. First, it has uot been proved that two-thirds of the members were present at the meeting cu passaze of suid Bye-law. S cond, no notification of altendance has been shuwn ; jand, thirdiy, that it hus not been proved that the same has been pubiished for general infor- mation.

Mr. E. Pater contended that they had traced it up to the Lieutenant Governor, and until it has been disapproved, it stands ap- proved.

Mr. onGson replied that the onus of evidence devolyel upon the learned Couns-l of the Plamtiffs to prove that such his been done, showing that the Lieutenant Guvernor took the matter into his consideration, and with regard to the question of search, the party must be in & position to prove that due search was made, and that the original copy cannot be found. I submit, my Lord, that it is absolutely necessary for the prosecution in ibis case, to show that the parties have sus- tained some damage before they could com- mence a criminal suit, or issue a summons under the City Bye-laws; therefore, my Lord, I submit that the Bye-law is illegal. Here a suit is commenced, by order of the M- yor and Cty Council, by their represéntative, Thos, Fiyun, who kaew of no wrong, no damage beg done. Tie man who arrests these criminals, is the mau who shovels snow away from the door of the, Police Court, and is the person who brings the action, and it devolves upon nim to show that he has been injured in some way. A person cannot abate a nuieance until he can show in what way he bas received an injury from it. The tearned Couusel must not blow hot and cold inthis matter. He first endeavored to show that it is not a bill of in- dictment, and then he turns roand and says that a common iuformer is not entitled to show that he has sustained -ome injury, because the Statute empowers him to come in and lodge complaut. A man coming from the other Provinces, or outside the limits of the Vity, who has received no injury from a nuisance created here, has no complaint that would warrant @ magistrate in issuing a writ to abate the puisance, which did not interfere with bim in any manner, aud there is not one word on the Stntute Book of the Colony how a writ can be issued to a foreigner, or any other individual, to abate a nuisance, save and except the party who sustained the damage, A man, certainly, cannot abate a nuisance un- less he can show damage, An eusement always is taken from one who has ap interest in the land, and Mr. Purdy, as we can show, had been in ihe possessin of the land on which the breastwork is erected for 20 years, up to his death,

Mr. Hodgeon cited Was! burn on Easements Page 130 v0 prove that an individue] cannot gain a easement or intereet in anothers pro-

been put down to mark the centre. [ took the course of the street, and the course of the wharf built out from it into the harber, show- ing tkat the Ordnance property cuts into Pownsl Street wharf. James Merry, and an- other man I did not know, were assisting me in running the lines.

Peter MacGowan. City Clerk. sworn, Ex- amined by Mr. E, Paimer —Produced the City Bye-laws in relation to Streets and Squares, also produced Extract of Minutes of Coune’], passed Ist May, 1856, in confirm. ation of City Bye laws. Cross-examined by Mr. Hodgson, The City Bye-law is read three times, is engross- ed, and passed by the City Council; then it goes to the Executive Government, like a Rill passed by the Legisiature, and after being