salle at

a as tr ema a ah ee

weet ag ts

tpt

[ee eS

; ; '

———————

| ent of the bye-law and prosecute. It is well tion?’ [ eubmit the enquiry; but here 13, to notice the words of witnesses, they do not the extract of a certified copy trom the proper) sey thet Mr. Carvell placed the obetruction at | cficer. The evidence amounts t this, that the foot of Percy's warchouse—bu out acer-' the confirmation that the Bye-law was pub- tein distance in che water, and all went on to| lished by the Licutenamt Governor in Coungil,

a —— ae = eS ES

part of oar public men, and thee in. power But | it is no wonder they should be careless in trying

to serve the people, tor there is a large class of) them when they bear of anything going on for. their good are the first to open their eyes and

mouths to denounce it as some dreadful omen of evil, or sometbing that 18 going to pounce down | upon them and swallow them. To make us any-_

| thing of an independent people we must have) tion,

ne in strict accordance with the. sail, which come up to the very extremity ‘of the three mile limit. So far let them come, but no farther. For a hundred years no Colony has had to strugg’e as we have had. Ajl others have had Crown Lands in countless acres. We have had none but the three miles limit which girth

can bui'd o letter and sp'rit of the Railway Act.

The Islander did not place the matter fairly before the Country ; to say 30 is add- ing insult to injury. The supposed organ should make a full and satisfactory retrac- But, perhaps, the Queen's Printer

the said vessels. In case the tribunal find that Great Britain has failed to fulfil any duty or duties as aforesaid it may, if it think proper, proceed to award a sum in v1 ane to be paid by Great Britain to the U nited States for all the claims referred to it: and in such euse the gross sum so awarded shall be pad in com by the Government of Great Britain ‘o the Government of the United States at Was>ing-

rales, and shall cortify such fact as to each of each Government to name one persoh

say, we went a certrin distang-|O! bat, says the learned Counsel, it mast be out to clear a spring-hol This in.| passed by a two-thirds majority of the mem- volvee an important question, whether | bers present. Here 1s a Court, my Lord, the right of way in winter travel on/constitated under ap Act of the Legislature.

| railroads, factories and some works that will)

our shores. ‘To any foreigners who ask us

to ats

tend the Commissioners as its agent, 19 sent and support claims on its behalf, te answer claims made upon it, and to rey

it generally in all matters connected with the jovestigation and decision thereof. The hj gontracting parties hereby engage to conailal the deci ions of the Commissioners as

| tely final und conclusive epou each claim deg, |ded upon by them, aad to give full effect to

the ice would conetitute a right of way | This law, entered in ite Bye laws, shows the | in summer as well. The wharf ee ree information relating to bighways, is a prolongation of Pownal Street, was origin-| and | take it that this record is conc! usive | ally built out straight on « live with the| evidence that this law, entered herein. has | treet, but shortly after it was erected, it was| been passed. Ther, saye the enemas Coup: | moved from its foundation by a segoner pre | sel, there ie no signitication that the Lieuten- cipitaiing it towards Mr. Carvell’s land, and|ant Governor did approve of it, but three

trom thet it has been extended out piece-| monthe’ absence hae ihe same eff-ct.

mena), until it has assumed che form of acre-| Ma, Hoposon.—If that book is entered escent. This necessitates the pudhe t> go|now I claim the right to cross-examine Mr. round the crescent in going down on he ice, | Macgowan, as the learned Counsel seems to and 10 trespass on the water lot vow in Mr.| be trying to smuggle in the documents as Carvell’s possession, but this, @s has been | evidence, ; d sitown, does not constitute an easement, and| Mr, E. Parmet.—It was a little piece of gives them no right in the soil, and I submit, | inadvertence on the part of the witness, when wy Lord, that the evidence brought in bas not}on the stand, that he did not refer to the confirmed the question of jurisdiction, | matter at the time. s :

Mr. J. Lonaworta, Counsel for the Reepon.| Arroaxgy Grngiat.—Here is my client to dent.—Before entering upon the discussion |show that it bas been proved. If, by any of the various points raised, we will eubmi' | whim or indiscretion, the documents have

to your Lordship that it te desirable to the ends of justice that your Lordship will not close up the case here. i

Judge Hensiey.—I thought you closed it Up yourselves,

Mr. Lonzworth.—We eubmit to your Lord- ehip that it would be a denial of justice to shut up the case antil we pr.duce further procf, as the onus devolves upon us te prove the line of the street. We subrait to your Lordsbip that sufficient has been shown to sabstantiate that point, That the position of the eastern end of the breastwork wae in range with the street, there could te no man- ner of doubt, According to the evidence of Jobn Bal, the end of the breatswork was within six inches of the apparent lice of the City atreet; and admitting, too, the evidence of Jamee Merry, respecting ‘he firat nuisance w bich was abated the 20d March, the criginal was within range of the street, for he measur- ed it on the ice. According to the evidence, the mean distance of half way up the origi nal breastwork was 4 feet 2 inches, so that the nuisance then stood eastwark on the line ef the street 4 feet 2 inches. My learned friend can understand what decuction ie to be drawn from these infere ces. By pro- tracting the line of the late Surveyor Gene- ral, Mr. Wright, ae showe on Mr. Ball's pian, we have clearly shown that the obstruction was within ths limite of the City etree’, nd any portios of this qbetruction was & puisanc-, ealling for the attention of the City Autbori- ties; hence thistu:tagainet Mr. Daniel Dinn. We have shown that there wae an existing right-of-way, and we have established that way by showing that 7, to be vecd for a period of 30 years. Here is an old right existing for 30 years eo-exis' ing with the higher right which the

ablic enjoyed for entering that par: of the

own, and n has not been shown that the public were interrupted from en) ying that right for 30 years. If your Lordship will not allow that private rizht ie not to be un- controverted—that the publie right is not the higher right, where the right of private par ties is not to be brought in cont: svention to the public right—we submit to your Lord- siip that that right to the public bas existed ever since the year 1843. The right-of-way extended out under the water, just the same us land covered with water is stil! the land of the party whoee land is inundated. It is an excrescence that grows out of the Statute.

Mr. Hodgson, —That’e a lifter.

Mr. Longworth —Yes, and an important exerescence, too. The Statute p:esumes that! the road goes down to the limit of the har-| bor—29 Vic., Cap. 20. We submit that the defizition shows that it was within the con tinustion of the street leading out into the

It wae)

| been left in the pigeon holes of the Executive | Council, in three months’ time that would have ibeen law. There is another point raised ‘against the prosecution,—that be must show damage. That Mr, Flinn, who stood here, not in hie public, but in bis private, capacity, has not to prove any lows. He need only bring evidence to prove that the publie high- way has been obstructed, although it may happen that the man who obstructed the pub- lie streets may go uppunighed. This man | (Flinn) stands here on behalf of the public. Ihe evide ice of Merry goes to prove that the obstruction extended some three feet into the the line of the street; and Mr. Inglis, in his evidence, says:—**I received exprees orders not to aliow one stick to cross that boom, and no disturbance ever teok place after that,’ We have nothing to do here with the Corpor- ation. There is @ good deal said about Mr. Fiian, but he does not come here as City Mar- shal, but as one of Her Majesty's subjects, to represent the public in his private capacity. Again, the learned Counsel says that there is no evidence of the continuation of Pownal Street being obstructed. One man—Doneld McKiun », if I mistake not—says: I have been in the pabit of coming up some 30 years this street, when I could not come up Cut Street; but now he could pot. What, then, is that but an obstruction acroes the right cf- way? The evidence is that there is a main track, and of course there is a number of others diverging off from this main track, Where thia obstruction stands is where all the roads meet, forming one main track, The nature of thie’obstructicn is that the whole space from Purdy’s Wharf to Pownal Street Wharf is useless. I submit that it is more than prima facie evidence—it is substantial evidence that the obstruction was, iu March, across the right-of-way. (To be Continued.)

~ Correspondence.

Te THE Epitor of THE EXAMINER,

Sir,— Being absent from home for a short time, I have been unable to anewer the conjoint reply te wy former communication which was publish- ed in the Examiner, As Mesera. Lawson and Morris have made seme charges against me I rely on your sense of justice to give me an oppcr- tunity to anewer them through your evluwne, It appears by the joint reply, that I ehould have been perfectly eatisfied with the deesion of that avguet Court; in fact, one of the above gentle- men told meso in the Court room, after the ex- amination tock place—that I must be satisfied— (emphasizing the words © must be,”) and at the same time, for the better conveyance of bis pater- nel ideas be pushed me with his own hands of

Hilisborough River, With regard to the authority of the Mayor and C:\y Council,

seventy years,—a law-abiding exampie, I ehould say, in the presence of some of the highest

the !earned Counsel bas taken some exception. The City Clerk (Mr, Macgowan) has pro- duced in Court the Records into which are copied the Bye-lawe of the City Council, and the fact be shows the books conteining the Bye-lawe of the City Council is proof that such Bye-law was passed. ‘There is no obli-

ation on the part of the (orporation,

here is nothing ip the Bye-'aws to show)

that wh-p an Act is paseed it must be ao- compsnied with a notification, that it has been sent back to the City Cou: cil from the Lieutenant Governor alter receiving bis ap- probation. The tact that it wes sent back is proof that it was approved, ead the fact that the Bye-laws shows the name of the Queen's Printer, is proof that the publieaticn took place duly, and the book every way bears the uppress of the Officers of the Crown. There i¢ preeumptive evidence, there is prima Jacie that it is legal, and the 35th eec., of the act gives @ clear power to impose a fine, If your Lordship will assume that the view taken by the lower Court was a correct one, and that the certificate prodseed by the city ele: k is correct ther all the bye-lawe are cor- rect,and that these Bye-laws are b nding upon all citizens as well as those who came in to treffic here, as the law of the land there can be no shadow of doubt, my learned friend says he that must prove an injery, take the evidence of Durgan, he comes to town and is prevented from entering, by their ob- struction, he then goes round to Cut Street, and there basto wait untl the tide falls, There w an injury to himself anc the pub'ic, as ong of the number by this erection, it in- terrupted that common right-ol-way which wre heid for upwards of thirty years» The learned counsel says, thata private indivi- dua! must show damages, even here it is not always essential to show damages in a speci- fie manoer as pounds shillings ani pence, for instance, if a wan throws & stone or rocks yn the way of another and by mears of that he breaks his leg, it is not nm cessury for the in- jured person to show that he had suffered damages in a spec fic macner. My learned friend affirms, that he must hold the fee sim- ple, even though he may, he ca: net control or exercise that right at the expense of the publio—especially a right which they have exercised for a long period of 30 years. The Winter seasons extend a long periud in north- ern climates and many thorvugh!ares aro re- quired whieh are not necessary for use in summer season’; consequently, while tbe fee- simple in a private individual, it can only be exercised in such a manner that it will not militate against the public convenience, so that they cannot use it. One of Purdy's hired men, in his evidence, says, **I was ip- structed to go down at night—and a calm nigh:

functionaries of the Corporation. Perhaps this venerable lawgiver has, at this advanced stage of hie earthly sojourn, adopted a new style of juris- prudence, in order to keep pace with the fast times in which we live, and in accordance with his own views, The jomt reply says 1 © uld have taken my ease to a higher power. A frank ad- | mriesion on their part, but not exactly in coneerd ; with my instructions from Mr Laweon on &th March last, as above quoted. I was well aware that I could have bad e@ hearing at a higher Court thar that in which the two writers of the reply figure conepiciously, and I have the very best of good reason to believe that I conld have bad their order reversed; but, in this instance, I appeal to the serutinizing public, and the whole- some teachings of rationality, to bear me out in saying. that it is not at all prudent for any person to foliow up litigation to its furthest extremity, werely for the sake of confirmivg a claim of six or eight pounds, regardless of loss of time, or travelling expenses,

These gentlemen do not like the idea ef my seeking redress in the manner I have done Speaking of redress, they say, * we most em phatically deny that a censorious letter, in a pub- lic newspaper, is the proper mode of effecting the purpose, My answer to this objectivn is this, vamely, that I would rather torego my legal claim to the amount of debt, and give publicity to the facts of the ease, to the intelligent readers of the EXAMINER—facts which are incontroverti- ble, and which | chellenge Messrs. Laweon and Morris to disprove, If the publication of these facte is nauseous to either or both of those gentlee men, I have only to eay, 1 am eorry for it, and contend that they should not blame me for mak- ing them known, tor certainly it originated witb themselves, and themselves alone, I ask these gentlemen, do their brother Commissioner (J, Brecken, Eeqr,) feel as they do with regard to my former letter, which they are pleased to cen- eure. Methinks I hear one tay tothe other, Oh! he (Mr, B.) did not view the case threugh our spectacles.

With reapect to the insignificanee alluded to in the reply, 1 suppose I do feel or seem emall in their privae opinions—these men of chivairous bravery and unequalled gallantry; bat in this cases] have to inform them their opinion is simp- ly their own, and net that of intelligent men; therefore I do not envy them the sweets ot their own thoughts. The last paragraph of the | reply ie euch as would lead wany to think | had ‘left myself liable toan setion for libel 1 ark | for what? Is it for giving publicity to the trath, and facts of evidence, and actions of ethers on hearing the ewidence? is that they fee! that they have done wrong? or is it that. they now begin to see the awkward net they are in? and last, though not by any means, least, do they think ‘bat they may be superseded by meu better qualified to discharge the important duty of such officials, or men after the stamp of their brother Commiss ener, who can bear both sides of a case, and judge accordingly? In the jut reply, they said that I chose to be ny own Counsel, and the rule held good, that I had a tool for my client. For their sarcasm I do not care; but certainly

st was,”—enowing how well he remembered it—* to eut away the boom, and to be sure not to allow a stick of timber to go out, for fear they (the truckmen) would cut it up and,’’ says Inglis, “! cut away the boom,

these two men of dignity must think ] was a fooi, and a very foolish one at that, But truly, I pity them, when they have to defend their actions in thie mauper,

Some folks may be offended at me for daring

and the like nev occurred again.” The moment it was discovered to be an infringe- ment upon the public, that moment Mr. Par- dy gave orders to abate the nuisance, A|- though Mr. Flinn brings this prosecution in bis own name, be, in his own propria persona represents every man in Prince Edward I:- Jand. The learned Counse! (Mr. Hodgson) spck> lsc of a permissive right. Ihe pub lic went there because their business led them to go there. The very fact of their going there, while recognizing the right of Mr. Pur- dy, would show that it was not a permissive right. We submit to your Lordetiup that the case bas been proved on the part o! the prose- eution. There was another point raised on the part of the Bye-laws; tbat this is a prosecution of acrimmal nature. Now, the Statute empowers apy two Justices of the Peace to try & case where an injury hes been done to any highway, eo that any two Magis- trates in this Ovlony bave a right to try a esse of this kind, irrespective of the Bye-‘aws, under the Statate. There is nothing which controls the right or limite—the riybt which has nut been toliowed out in this case.

Tne Artornsy Geyerat fo!lowed upon the samaside, Hesaid: With respect to the insufficreney of the Bye-lawe, I taxe for proof that \hey are produced in Court by Mr. Mac- gowan, that they were sent to the Lieutenant Governor, and afterwards recorded in the

or presuming to question any remarks which wach dignified characters as these gentlemen would write, but my motto is, give Caeser bis due, and in deing eo, 1 must introduce sowething which is new to you, at least, on account of your j absence from the Island at the time. I mean the never-to be-forgotten ** Posse Commatatus.” It would open your ey es to ree the hardy and stalwart pioneers of Charlottetown assemble, tall in, and advance, under command of this elevated man, who looks at me in such a narrow point of view. I adwit that I cannot lay claim to any such digmty: But, Mr. Editor, p Bow hardy and brave i were warebed along the road, through muck

nd wnire—weli genera'ied—to eatch Fietcher. But what did they capture? Only a straw man! A conquest! A treasure! A great and wonder- tul vietory!! An epoch in the histery of P. E. Island!!! Behold the leader! No wonder that this man of note would impeach me with insig nifieance !! : Feeling that I have already trespassed, and oceupied too wuch of your valuable epace, 1 remain, respectfally yours,

Jous Hueues.

Hill Cottage, Wheatley River, 28ib April, 1871. } <n nln’ sliilinetem cin

To THe Eprer or tHe EXaMINeR Dear Sir;—} am induced to write you a few lines suggested by the letter of “ Cousin Katie” in last Examiner. 1 wonder how any one can be so biind as not te see the benefiis which must

give the people winter employment. Now what is grown in summer is eaten is. winter, we have three months labor to support the remaining nine | months. I hope, therefore, that works of utility | wil! be commenced and factories established, and | that in so doing our Island home will prosper. Trusting that you will give this a place in your independent journal.

I remain Respectfully Yuure,

A Country GIRL,

Head &t., Peter's Bay, May 10th, 1871, LINES

SUGGESTED BY THE FINDING OF THE BODY OF

Ducatp McDoxa.p, ON& OF THE CKEW OF

THE 11.L-FATED SCHOONER ** Emguine,” a7

Litre Haupor.

No more we doubt the missing fate, ‘Tie proved alas! too true,

We did their coming kindly wait The dreary winter through.

We waited for the coming spring, ‘The fluctuating tide ;

Hoped aguinst hope, ’twould safely bring, Our lev'ed ones too our side,

But ‘stead of epring’s first balmy gale Wafting them safely bome,

It bat confirms the mournfal tale That they no more will come.

MecDenald! thonalone of all, That able, skilful crew,

Hast found a resting place where friends, The sacred spot way view.

The others lay beneath the wave, And far away may be,

And thou art found that we may know They're buried in the sea.

Could we but get their cold remains Out of the ocean's breast, *T would ease our bearts of grief and pains, To view their place of rest. Dundas, May 4, 1871.

The Examiner.

Charlottetown, May 22, 1871.

M. Srewart

BETTER LATE THAN NEVER.

To THE QUEEN’S PRINTER.

sin;—I have to express*my Surprise and re- gret tnat euch an article as {hat whicn appeared jv the Editorial columns of the © Islander’ on the Sth inst., referring to the construction of a Railroad, should have been published by you- You say,‘ and we are satisfied that were the Government required to raise the money necess. ary for the construction of a Railroad upon de- bentures at thirty years, no prevision being made by means of a sinking fund for their redemption, the cost of so doing would be little if at all under twelve or fifteen per cent.” Now as the ™ Is- lander" may be supposed to reflect the views and opinions of the Government, | feel called up- on, on behalf of the Government, in the most em patic manner possible to repudiate the senti- ments coutained in the article referred to, and to express my opinion that no remarks, having the effect of damaging the Government, and lessen- ing in value the public securities of the Colony, sbould receive a place in the Editorial columns of any paper published oy the Queen's Printer.

Were there any foundation for the statement that ifthe public debentures had to be floated by the Government a lose of twelve or fifteen per. cent would be sustained, I would consider th Government who introduced and carried a Bull authorizing the construction of a Railroad, much as I feel the great advantage that it would confer upon the people of the country, highly culpable under euch circumstances, I would never give my sanction for proceeding with the work. I have only to add that I believe the Railway de- bentures, beating interest at six per cent, pay- able half yearly, with the revenues of the Colony, and the road itself pledged for their redemption, will be considered a first class in any difficulty. As a proof of which I may say that the deben- tures issued the other day for the payment of the Stuck Farm sold readily at a premium of one per cent.

Yours, &c,

May 18. J. C. Porg.

The above letter of the Leader of the Government, repudiating the utterances of |the supposed organ of the Government, | came none too soon to allay the distrust |and indignation which were becoming widespread through the Island. If a rival trader deeryed the credit of another, would not the act be attributed to malicious mo tives; and, if it were proved that he had done an injury, should he not be punished for libel? But what would be thought of a book-keeper that would circulate state- ments caleulated to rnin his employer's credit? Would he not be regarded as an idiotie blockhead, or as one of the basest of ungrateful, traitorous, miscreants? Most assuredly he wou'd, and his employer would either send him to an asylum for the incurables, or give him a ticket of leave for all coming time.

We wish to be very charitable towards the Editor of the /slander, and do net intend to attribute improper motives to him, but we have to say that he has committed a political blunder, and that stands in the same catagory of offences as does crime in the moral law. He should be prepared for the consequences; and the Government, in justice to the Country, and to satisfy the manes of public indignation, should inflict the punishment which such conduct as lessening confidence in the credit of the Colony deserves. The letter of repudiation is hardly enough. It is good, so far as it goes. and is what we had a right to expect from him in this great Railway enterprise, in which he is so wrapt up, and from which, if it proves as great a success as we hope, he will receive honor and fame, such as fall only to the lot of the chosen few. But his letter is not sufficient; it will scarce- ly satisfy the people that he is in earnest, and there are times when a man who hes the courage to win must be terribly in earnest.

The Editor of the Islander does not re- tract his statements, which we showed last week to be unfounded. If the Government give their pledge, as they of course will do, that at the very next session of the Legislature—and there will probab'y be a Session during the summer—they will make provision for a sinking fund of £6,- 000 per annum, which will pay off the debentures at the end of thirty years—then contractors will be glad to take them in

acerue trom the construction of a Railroad = My

book The buok hepg produced by the pro- per uuthority, acvording to the regular cus- | tom, is a guarantee of its authenucity. In| proof of this position, I refer your Lordship | to Roscoe g Evidence on Decaments. 1 un-!

derstood Mr. Macgowan when fie Bye-law

; bome ewpleyment to the young men, Why can was passed it went before the ldeuterant gor the deland fiad employment for as mone of Aiovernor, sod woe printed and then recorded jer sons and daughters. who year afier year jutiusbook, Now, tle learned Counsel S8y® roam away ameng strangers to win their bread 7 / Bus where ip the evidence of soy notifica- | Jt is because of thy want of gpterprise on the

delight at the prospect of being able some day to ge on the Cars and eee your city is unbounded, All the women are in favor of the railroad—young end old—except a few old women about here in panteloons. We beheve that the Railroad will put plenty of money jn cireulation, ard give

payment for their work. It simply amounts to this: is money to be had at six per cent interest to pay which the whole revenues of the Colony are solemnly and lezally pledged. We believe there is; and if there is not, then our duty is plain. and

ernment take the sume view,—we must

wait for a Railway until such time as we

will prove his devotion to his party by re- - “a lt turning the trust which was placed in his for the privilege of fishing t rere, withou

hands, and which has been so injudiciously full compensation, the great majority ot used against them, and what is worse—in- the people wil give an indignant refuse ° jured the public eredit of the Colony. We rejoice to find that the Island will not ‘stand alone, and that we will be backed up THE COST OF THE RAILWAY—MR. by the public sentiment of Nova Scotia,

ton, within twelve months after the date of such deetsions without any objection, evasion,

the award, The award shall be in duy] cate, | or delay whatever. ;

one copy whereof shall be delivered to they Aart 14. Every claim shall be presented

agent of the United States for his Government, | to the Commissione:s within ix months from

and the other shall be delivered to the agent | the day of their first meeting, unless in cases

of Great Lritain for his Government. where reasons for the er de establish.

} ; : isfaction of the mimissi

Arr. 8. Eich Government sball pay its owr rs a anne the period for areal

agent, ané provide for the proper remunera- |"

BOYD S ESTIMATE.

New Brunswick, and, we doubt not, New-| tion of the counsel employed by it, and of the arbitrator appuinted by it, and for the expense

ing the claim may be extended by them to

| time not exceeding three months longer. The

TuE following estimate of the cost of the foundland. Prince Edward Island Railroad has been | anamames ecneen: made by the gentleman entrusted by the | AxticLE 1. Whereas differences Lave arisen | Government with the Survey. The road between the Government of the United States

i ’ Y He i i¢ Majes-| i ne of those trumpery affairs | and the Government of Her Britannic Maj ee ie ty, ard still exist, growing out of the acts

that are sometimes constructed by swindling | Committed by the several vessela which have contractors, which last only a few years. | siven rise to the cliims generally knownas the | It is to be a really first-class, substantial Alabama Claims, and whereas her Britannic |

—Commussionere shal! be bound to examine ang bunal. All other expenses connect d with the | decide upon every. claim within two year arbitration shali te defrayed by the two Gov-) from their first mee inp. Tt shall be co ernments in equal moieties tent for the Commissioners to decide, in each Art, 9. The arbitrators shall keep - ace | lien ana * re curate record of their proceedings, aud may | an algsies po tg rdi ; ite . y orto aay apd what extent. accordi appoint and employ the necessary officers to | io the trne intent and meaning of thir Treaty, assist them. Arr 15 All sume of mouey which may be

cf preparing and submitting ‘ts case to the tri-

Art. 10. In case the tribunal finds that

Railroad, and Mr. Boyd, who is a gentle- man of well established integrity, can

| Majesty las authorised her High Commission- Great Britain has failed to fulfil any duty or) ‘ers and Plenipotentaries to eXpress, in a duties, as aforesaid, and does not award a sum

‘friendly spirit, the regret felt by her Majesty's | in gross, the high contracting parties agree

awarded by the Commissioners, on aceount of any claims, shall be paid by the ove Govern. ment to the other, as the case may be, withig twelve months after the date of the final award,

scarcely do otherwise than see that the (jovernment for theescave, under whatever cir work and materials will be such as to re- cumstances, of the Alabama and other vessels

his credit. There is a chance for | from British ports, and for the depredations aorta ~iaghgs .., committed by those vessels; now in order to him to build a model Railroad that will | remove and adjust all complaints and claims give him a world-wide reputation. Every- on the part of the United States, and to pro- thing can be had of the latest styles and vide for the speedy settlement of such claims

; icely | Which are not admitted by Hor Britannic improvements, and they can be nicely |Majesty’s Government, the high contracting

arranged and numbered so that at any sub- | parties agree that all the said claims growing sequent time duplicates can be ordered. out of acts committed by the aforesaid vessels. The estimate may prove to be a good deal land generally known as the Alabama Cloims,

: , shall be referred toa tribunal of Arbitration, less in some particulars. We think con- 4. be composed of five Arbitrators, to be ap- tractors will be forthcoming to build our | pointed in the following manner, that is to

Railroad a good deal less than $1500 per 'say: The first shall be named by the Prcsi-

mile. We would not be surprised if offers dent of the United States, one shall be named

bass were made to build it for about £3,500 per | King of Italy shall be requested tu name one, mile. We see by our exchanges that a line | the President of the Swiss Confederation shal! of narrow gauge Railroad bas recentty | be requested to name one, and His Majesty

the Emperor of Brazil shall be requested to been completed, at the rate of $8000 per | nes anes, ste eke ae Aaa enna tee mile, in Missouri.

capacity to serve, of either of the said arbi- $200 00 | trators, or in the event of either of the said aa . ni 4 |arbitrators omitting, or declining, or ceasing Fens ee ond Warning 700 09 | to act as such, the President of the Un ted G rom : 3.500 09 States, or Her British M jesty, or His Majes nt lies & Road Division "100 00 ty the King of Italy, or the Presidept of the Bridgiae and , tay " g99 09 Swiss Confederation, or His Majesty the Em- Rails, Fish-plates Spikes & Bolts, 3,500 00/P¢Tor of Brazil, as the case may be, may , ‘ke-la ring and bitin 450 00) forthwith name another person to act as arbi-

re 8 600 0 | stor in the place or stead of the arbitrator

Cleaning, Grabbing, &c.,

Pale aice: 850 00 | originally named by such head of State; and Stations = 600 og |i the event of refusal or omission, for two

1.800 oo | months after the reeeipt of the refusal, from 1600 (0 | either of the high contracting partice, of His

200) 00 | Maiesty the King of Italy, or the Presid: nt of

700 po | the Swiss Confederation, or His Majesty the . |Emperor of Brazil, to name an arbitrator, either to fill the original appointment or in place of one who may have died, be absent, incapacitated, or who may omit, decline, or from any cause cease to act, as such arbitra. tor, his Majesty the King of Sweden and Norway shuli be requested to name one or -more persons, #s the case may be, to act as \such arbitrators,

Art. 2. The arbitrators shall meet at Geneva Switzerland, at the earliest day con- venieut after they shal! have been named, and shall proceed impartially and carefully to ex- amipe and decide ai] questions t!at shall be

Roiling Stock, Engineering and Management, Land and Land Damages, Sidings,

$15,009 00

THE NOVA SCOTIA ELECTIONS.

Tue Elections which came off on Tues- day last, in Nova Scotia, resulted in the Local Government being sustained. The contest seems to have been a warm one, even for Nova Scotia. ‘The Press there throws the Island Press into the shade in the polite art of slang whanging, and the jlaid before them on the part of the Gover, politicians of our “little lovely land” are | ments of the United States and Her Britannic not a patch on the Nova Scotians for threw- | Majesty respectively. All questions consider- ing powerful epithets at each other. We ow sees Sided by need ie on comet. should be exceedingly sorry to believe ,

by Her Britannic Majesty, His Majesty the!

‘that a Board of Assessors shall be appoi: ted to ascertain end determine what claims are |valid, and what amount or amounts shall be | paid by Great Britain to the United States on ‘account of the liability arising from such fail- 'ure as to each vessel, according to the extent (of such liabiluy as decided by the arbitrators. | The Board of Assessors shall be constituted as follows: One memberthere f shall be named ‘bythe President of the United States, one _member thereef shall be named by Her Brit- ‘annie Majesty, one member thereof shail be jnames by the representative at Weshington of his Majesty the King of Italy ; and, in case lof a vacancy bappening from any cause, it shall be filled in the same manner in which the original appointment was made, as seon as possible after such nominations. The Board | of Assessors shia'] be organized in Washington, | with power to hold their sittings there, or in | New York, or Bostcn. The members thereof | severally subscribe a solemn declaration that they will impariially ard carefully examine and decide to the best of their judgment, and according to justice and equity, all matters submitted to them,and sha!] forthwith proceed under such rules and regulatione as they may prescribe to the investigation of the claims which shal! be presented to them by the Gov- ernment of the United States, and shall ex- amine and decide upon them in such order and manner as they may think proper, but upon such evidence or information only as shall be furnished by or on behalf of the Governments of Great Britain and the United States respec- tively. They shall be bound to hear on each separate claim, if required, one person on be- half of each Government as counse} or agent

A majority of the assessors in each case shal! be suffici.nt for a decision The decision of the assessors shall be given upon each elaim in writing, and shail be signed by them re- spectively, and dated. Every claim shall be presented to the assessors within six months from the day of their first meeting; but they may, for good cause shown, extend the time

without interest, and without any deduction, as specified in Article 16 of this Treaty.

Arr. 16. The Commissioners shall k un accurate recerd, and correct minutes or notes of all their proceedings, with the dates thereof, and may appoint and employ a eacres tary, and any other necessary cflicer or off. cers, to aesist them in the transaction of their business which may come before them. Each Government shal! pay its own comm.ssioner and agent or counsel. All other expensee shall be defrayed by the two Governments in equal moieties The whole expenses of the Commission, ine'uding contingent expenses, shall be paid by the rateble deduction on the amount of the sums awarded by the Commis- sioners. Provided always, That euch deduct. ion shal! not exceed the rate of 5 per ceat, op the sums so awarded,

Ant. 17. The high cuntraeting parties er. gage to consider the result of the p: oceedings of this Commission as a ful, pertect, and final setilement of all such claims asare men- tioned in Art. 12 of this Treaty apon either Government and further engage that ev such claim, whether or not the same ma have been presented to tha notics of ** Preferred,”’ or laid befo.e the esid Commie sion, shall trom and after the couc'uson og the proceedings of said commission, be cen sidered and treated as finully settled, barred; and thenceforth inadmiesable,