i CL OO CEA

THE DAILY EXAMINER.

NOVEMBER 24, 18€0.

Law Reform. So much difficulty is experienced, under

existing Jaws, in the collection of debts that ften deterred from sueing fur

partics are « Since imprisonment for

their recovery.

debt was abvlished, the only means of enforcing a judgment the Courts most frequently resorted to—

is by salo of the

under execution Ip

the Couaty Courts debtor's goods and chattels, and these are generally protected from seizure by bills of These bills of sale may be, and oftev iven without value and with a fraudu

sale.

are, £ lent design of defeating the claims of creditors ; but as they cannot be set aside without expensive litigation, they practi operate as a dar to the recovery ¢! other

cally

honest debts. Ths only remedy available to the creditor is by attachment of any debts he may find to be due to hir debtor under what is commonly known a+ the Garnishee Act. This Act, passed it 1881 to provide a remedy in lieu of impri sopment under execution, is very imper fect in its provisions, and has been amend- ed no less than five times since i‘s enact- ment. As it business community are specially interest- ed, itis to be hoped that, in revising the

is a measure in which our

Statutes, the proceedings under it will be simplified as much as possible, so that creditors may avail themselves of its provi- sions for the recovery of small amount: without having to expend in costs more than the sum sought to be rectvered. 1 is also to be hoped that its defects may the doubts construction

and the its clauses set at

then be remedied, that of some of

Owing toa question in aproceeding under the act which came up before the Cour ty Court while the Legislature was im sessivn, it became necessary this year to pass :n act to explain some of iis provisions. Daring the present term of the Supreme Court an eppeal was tried from an order of the Judge uf the County Court upon one of its sections which is open to more than The question involved

exist as to rest.

one construction. in this appeal was au: important one, and a statement of the case may therefure not be without interest readers. The plaintiff, D. A. Bruce, had recovered jadg- ment in the County Court sgainst the de- fendant. On the 30th September last, he obtained an order from the Judge caill- ing upon the City of Charlottetown to show cause why they shoull not pay to him the amount due by them to the

judgment debtor. Ua the hearing of this order, it was proved by the (ity

Clerk that the defendant was City Surveyor at a salary of $500 per year, and that at the time the order was served there was due to him $41.66 as part of his salary. Though he did not himself appear, his attorney claimed that only half of this amount was attachable under the 32nd section of the Garnishment Act, which exempts from attachment ‘* one half

to our

the wages due or accruing due to any debtor for his personal labor and service on a hiring.” The Judge held, on the author- ity of a decision of the Queen’s Bench Division of the High Court of Justice in England on the same point in the case of Gordon vs. Jennings, that the judgment debtor, because he was an official of the corpora- tion appointed under the act of incorpora- tion, which provides that he shall be paid a fixed salary and be subject to removal at pleasure, was not a person within the terms and spirit of this section of the Act, which was intended to protect tradesmen or Is- borers and persons of a like description earning ordinary wages on w hiring, and did not, in his opinion, apply to salaried officials. He, according'y, granted an order absolute to the judgement creditor, for the psyment to him of $41.66, proved to bedue by the city tothe judgment debtor. From this order the defendant appealed, and the Suprema Court, after re-hearing the case with his additional evidence, re- versed the order appealed from, reducing the amount to be paid tu one-half the sum due by the city, and awarding costs of ap- peal against Bruce, the jadgment creditor. We are not aware of the reasons on which this judgment was passed, and understand that none were assigned; but it is to be pre- sumed from their decision that the Supreme Court hold, in opposition to the English dscision, that the words in the Act, *' wages due to a debtor for his personal labor and service on a hiring,” are ap- plicable to all cases of salary, regardless of amount, as well as to ordinary wages for personal labor and service in @ mere con- tract of hiring.

Oa the whole, the tendency of leg'slation should be to promote the ** cash system ;” for by tha cash system the interests of both buyer and seller are secured. Would it not tend to the adoption of the ‘‘ cash system” if it were enacted that a judg- ment in the County Court for any amount over (say) 50 should bind the land andother real estate of the debtor? If it were x: enacted, people who are careless about their payments, would, it seems to us, bo chary in respect to “ bills at the stores.” We

must, of course, presume that there is some rvasou why the power which is given tos petic jury eof seven ordinary laymen is withheld from an independent Judge,

learned in the law; d h heen and we should like to

late

MMs . a ig NE ati cae — - t a a o ar a fo ih cl git alin Sh Mie io sre phages. AP AE COON re ace can tenth any ote noe re Seen —

le A eA as Ne ee ee

THE DAILY EXAMINER, - - - -

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“sideration

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The City Council.

Sra meeting of the City Couneil held on the evening of the 10th inat., a question

| avose as to the payment of a refund of the | , 7 amount disbursed by the W. C. T. U. of

this city in the prosecution of the Canada Temperance Act. There was a * tie” in respect to it. The Mayor would have giv- en his casting vete im favor of the pay- ment. But, on the representation of Coun- cilior Morris that the action would be un- fair in view of the fact that two of the Councillors —viz., Douse and Taylor —were sbsent. His Worship consented to an «d- journment until the following evening.

On the following evening only four mem- bers of the Council were present, viz : Large, Divison, Hughes and Crabbe.

The meeting was again adjourned, and azain failed to do any business for want of a quorum, the very men who asked for and

Morris,

voted forthe adjournment, viz:

Byrne, Eden aid McCarron not being presen’.

A day or two ago the Mayor received a requisition from Morris, Eden and McCarron for a special meeting ‘Sto consider the purchas

ing of hard stone for macadamizing the streets, the payment of accounts and the the same day he received a requisition from Councillors Crabbe, Hughes and Davison fur a special meeting, to take mto con- ‘*the memorial of Mrs. Dr. Johnson, as President of the W. C. T. U for a refund of monies paid by them in prosecutions under the operation of the Notices were

locating of new electric lights.” Oa

Canada Temperance Act.” accordingly served that a special meeting of the Council weuld be held at 11 o'clock this forenoon. But again the very men who asked the Mayor to call a special meet- ing failed to appear at the appointed hour and the Council was counted cut at 12 yuck to-day, enly Councillors Crabbe and Hughes being present at that t'me.

This is a plain statement of the facts, Those facts involve, —

1. A deliberate breach of faith with the Mayor. The men who induced the Mayor to waive his right to give the casting vote in favor of the W. C. T. U., and to con- sent to an adjournment until the following evening, were in duty and in honor bound t> be present on the following evening for the transaction of the business.

2. The detention of money due the W. C. T. U., in terms of an order in Council of the Dominion Government, which directs that all fines collected under the Canada Temperance Act shall be used for the enforcement of the Act.

3. The neglect and delay of important and pressing city business. So important and pressing is the business to be done that certain councillors deemed it necessary to ask for a ‘‘ special meeting” of Councii in order that it might be promptly cransacted ; —then they didu’t come tv the meeting they asked for!

We hive no disposition to enlarge upon these facts or upon what they involve. Let the citizens draw their own conclusions as to the conduct of the representative gentle- men who are responsib'e for them. We may, however, suggest that it constitute another good cause for a renewal of the agitation for reform in the City Council.

The civic elections must soon be held, A word (to the wise) ought to be sufficient in this case.

_———-* 22. ¢ ————_—_-_-—_—_——=

Notes and Comments.

-—The St. John Sun remarks that the population of Maine has increased 10,000 in ten years. The population of 19 cities and towns in the state has increased in the same period from 170,086 to 192,245, a gain of 22,159. The population of other towns and the rural districts has therefore fallen off by over 15,000. Maine has an exodus worth mentioning, and it has com- mercial union too.

—The North Sydney Herald publishes statistics which show that in the last ten years the port of North Syduey has more than doubled its business in shipping tonnage, or to be exact inthe figures has inereased in the shipping tonnnage in this ten year period be 203.3 per cent. This, the Herald declares is a record of prosper- ity and growing importance which no other sea port in the Dominion has equalled.

—-

Preparing For the Election.

The Northern Union Conservative As- sociation of England has issued the follow- ing, bearing upen the next general election, toits members :—

** No recital of the year’s work would be complete unless a warning word were utter- ed by the committee upon the necessity of being prepared. The time is rapidly ap- proaching when Lord Salisbury’s Govern- ment will be giving an account of its stewardship at the polls. To speak here of the merits of the Government would be superfluous. The only occasion fur anxiety is the necessary preparation for the coming conflict. Again the committee earnestly invite all members of this union to look carefully to their respective constituencies, All constituencies without organization should at once set about this important work. All constituencies without candi- dates should at once obtain them, and every constituency should iiwld educational meetings in town, village and hamlet, so that when the day of conflict comes the Government may have an organized party and an educated electorate to appeal to. Let these conditions be filled.”

Farm aAnp Stock.—The farm and stock of Mr. Buchanan will be suld by public auction, on Tuesday, the Zad day of December next. The farm is situated at Lower Montague, and is one of the best in King’s County. The

stock is very superior and includes the fine trotting stal\on, Almont M. See advertis. ment, dy till date,

6

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ee eG gg A a NES

Corroborating Stanicy. A LETTER FROM AN INTERPRETER ATTACHED TO THE REAR GUARD.

On July 18th Bassad Farran, Syrian in- terpreter with Stanley's rear guard, wrote a letter to camp engineer of the Upper Congo steamer Henry Reed, in which he tells of the great difliculty experienced in obtaining food after Stanley left, notwith- standing Major Barttelot had many means of purchasing food if be desired to. He says the major cruelly treated the men, beating them with 200 and 300 stripes at a time for small offences. He even shot them. Tippo Tib’s men heard of this, and would not go with the expedition. Tippoo Tib later gave Jameson men upon getting letters from Zanzibar urging hun to do so. Jameson being anxious to see how the natives ate each ether, bought a girl about ten years old and gave it to the natives who killed and cut her up and put her in a cooking pot, Jameson being pleased with and making pictures of the scene. He states many things were thrown away by the major which would have saved all the men who died from hunger. This letter, which corroborates Stanley's account, was sent by Camp to Lewis, a Baptist mission- ary at Lukungu, who sent a copy to Rev. Edward F. Merriam, assistant foreign sec- retary of the American Baptist fureiga mis- sionary society at Boston, and is now pub- lished for the tirst time.

_—————- _—_——_-2.- > o- -__—__ -—-_-_—

Parnelis Position.

Lonpon, Nov. 21.—The Star warns the Pall Mail Gazette against continuing its bitter opposition to P.rnell’s le dership of the Irish party, and says the (Gazette's course is likely to induce reprisals frem Ireland which w.lleud in an_ irreparable breach between the now reconciled and sympathetic nationalities,

New York, Nay. 21.—Six members of the local branch of the Irish land league have issued an address criticizing the methods and mvtives uf Messrs Dillon and O’Brien. Theaddress charges that they fear to have the Irish lind league here, and to which they would have to account for the money subscribed by Irish-Americana, and that they have endeavored to stop raising money to prepare for impending famine in Ireland, through fear that it would interfere with their own purposes.

Dupuy, Nov. 20.—A despatch from Rome says that evidence in the O'Shea trial haa been brought to the attention of the Pope by the churchmen near the Vati- can who are opposed to the Irish party. It is not chought probable that any action will be taken by the Holy See, as Mr. Parnell, being a Protestant, is outside the jurisdiction ot the church. From Tipper- aryfcomes the news that Canon Hagarty, a well known priest, who has for a long time been dissatified with the lvcal man- agement of the league, has uttered in pub- lic language strongly denvuncing the con- duct of Mr. Parnell in the O'Shea case, and advising his flock to abandon the move- ment while Mr. Parneil is connected with it.

Orrawa, Nov. 20.—Mr. Murphy, of Tralee, one of the farmer delegates, is one of those who favor Mr. Parneli’s retention of the home rute leadership in spite of the O'Shea revelations. ‘‘I don’t like talking about these matters in Canada,” said Mr. Murphy, ‘“‘but I don’t think Parnell should surrender the leadership. 1 could tell you a stury an hour long about that O’Shea’s business, going away back to 1881, when the affair began. ‘That O'Shea didn’t move in the matter long ago convinces me _ that the divorce suit was instigated by the London Times, for O'Shea knew as much in 1887 as he knows to-day about the in- timacy of the parties to the suit.”

Lonpon, Nov. 20 -—All the English week- ly Catholic papers are unanimous in con- demnation of Parnell in consequence of the come of the O’Shea divorce suit.

++ a ae

Personal.

—_—

Lord Aberdeen has returned to England, and declared that what impressed him most in this country was the “loyalty” toward Britain.

Keeley, the Philadelphia motor crank, is still working away at his invention, which in the last twenty years hss absorbed tens of thousands of dollars of other people’s money, and cansed half a dez2n suicides.

The following is clipped from the Oregoniun of the 9th inst., published in Portland, Oregon: “Mrs. W. Franklia Hunter and Miss Mattie MacNeil arrived Jast week from Cleve- land, Ohio, on a visit to their parents, Mr. and Mrs. Finlay MacNeil. Miss MacNeil has been attending the art school at Cleve. land,

Mr. E, H. Norton, who has just returned from the Annapolis Valley. reports that good apples are now worth $3.90 per barrel at the orchards, and very scarce at that, as English buyers have purchased all that are fit for their markets, while the new evaporator at Anpap- olis consumes all the inferior quality. The English market is large enough to consume an almost unlimited supply; and as it has been proved that our soil will yield as good apples, as that of Nova Seotis, there is no reason why our farmers should not give the industry more attention, and they would find it by far the most profitable crop to raise—in fact a few acres would sometimes yield as much value as the whole farm does at present,

Princess Victoria of Prussia, sister of the Emperor, was married a few days ago to Prince Adolphe, of Schlumburg-Lippe. The ceremony took place in the chapel of the Alte Schloss. The court Chaplain, De. Dry- aneer, cfficiated. The Duke of Connanght represented the Queen of England, and the Duke of Clarence represented the Prince of Wales. A royal crown was placed upon the head of the princess by the Empress Augusta and the E:npress Frederick as she entered the chapel. Her wedding dress was of cream satin, brocaded and trimmed with costly lace, the train embroidered with wild reses ard silver. The veil was of tulle, enwoven with silver and surrounded by a wreath of orange blossoms and myities. The chapel was filled with members of the imperial fami'y and of the royal and princely houses of Germany im their state robes, making a magnificent pic- ture. After the ceremony there was a grand banquet at which the Emperor William offered a toast in honor of the bride and bride- groom.

In this city, on the 24th Nov., suddenly, of heart disease, John Coyle, in the 76th year of his age.

{Funeral froin bis late residence, Dorchester Street east, at a quarter to 9 on Wednesday morning, to St. Dunstan’s Cathedral, thence to Roman Catholic cemetery. Fr ends and ac- quaiptances respectfully invited to attend, |

i ALAA AAA LAL ELL AAD CLL, a i a a a

enn tenneaemivaee

MONDAY,

Le OEE EOL tO

oe oe

ae

Received per Claribel.

10

ee

Bundles SHEET iRON. 6 tons Galvanized Sheet Iron, 5 casks Zine, D0 boxes Tin, 25 boxes Canada Plate, 2.000 feet Iron Pipe 1} in. and lin, 1,000 Pire Brick, 1 ton Fire Clay, 2 packs Russia Lron, 1 case Sheet Iron, 72x30,

For sale low. SIMON W. CRABBE,

nov24—3w 2aw Walker's Corner.

CA SE TI

{ i the direction of the Women’s Christian Temperance Union, will be held ia the

Y.M.C. A.HALGD,

Thursday, November AT 8 O'CLOCK, P. M.

27th,

Addresses by Rev. F. E. J Lioyd, Rev. D. Sutherland and Mr. R. Sutcliffe.

aud aid the funds of the Union.

nov24—4i

VALUABLE FURNITURE

WE WILL SELL BY AUCTION,

On Tuesday, Becember 2nd, AT 11.30 O'CLOCK,

At our Anction Room, Queen Street,

ing in part of 1 magnificeat Walnut Bedrocm Set (marble top), 1 Walnut Parlor Set, Wal- out Book Case, Walnut Extension Dining Table, Walnut Wardrobe, Walnut Hall Hat Stand, Walnut Hall Chair, Marble Top Table, Mahogany Couch and four Chairs, 2 furkish

Mattress, Iron Bedstead, Lounge, Sideboard, Dining Table and Chairs, Sinoking Chairs, Corner Chair, Piano Stool. Music and Music Rack, Whatnot, Hall Oil Cloth, Dinner Set, Hanging Lamp (three Jights), Kitchen Uten- sils, etc., ete. Everything will be sol 1. E. H. NORTON & CO,

nov24—cod Auctioneers.

APPLES. |

“O ARRIYE to-morrow night: --110 Barrels,

all Extra Choice App’es —Northern Spirs,

Baldwins and Ruassetts—persena'ly selected at the orchards. For Piivate Sale only.

E. H. NORTON & CO.

nov24—2i

Lighthouse Tower at Inner Range, Georgetown.

§ ge yo will be received at the office of

the Agent of the Mrine Department up to the 5th December, 1890, for the erection and completion of a Lighthouse Tower to take the place of the present Spar arrangement.

Information will be supplied Contractors apon applicsticn atthe Agency, Chai lotte- town.

A. LORD, nov24—3i Agent. KEROSENE

cS a

ANDING ex S. S. ‘Simon Dumois,’ 200 Casks ** White Rose” Oil

FENTON T. NEWBERY.

LYCEUM, CHARLOTTETOWN, Boston vomedy vompany,

H. PRICE WEBBER, Manager,

Supporting the Fuyoiite Actress,

EDWINA GREY,

Will Appear as Above.

This (Monday) Evening, Nov, 24,

THE GREAT DRAMA,

UNDER THE GASE'GHY,

——WITH Ifs—-—

Thrilling Railroad Sersat‘on Scans,

Admission, 25 cents. Reserved Seats, 35

eents, ‘Sickets fo- sale at the Diamond Book- store vors open at 7.15. Overture at 8 o'clock. novi4

Pressed Hay.

5 TONS CHOICE TIMOTHY BAY land- ing ex 8S. 8S. Bonavista, For sale by HORACK HASZARD. nov24—Iw eod

DIVIDEND NOTICE.

Merchants’ Bank of P. EF. Island, Ch'town, Nov. 17, 1890. OTICE is heveby given that a Half Yearly Dividend, at the rate of Eight Per Cent. per Annum, on the Capital Stock of this Bank has been declared, payable at its ee Office on and after December Ist, prox. By order of the Board.

{ novl7—6i ecd

WM. McLEAN, Cashier,

a LAE TL LAL ADDL OT

NOV EMBE!I

et en A Be OOO CLAS OS

APUBLIC MEETING

Collection will be taken to pay expenses

A lot of valuab'e HOUSEHOLD FURNI®

TURE, neorly new and in good order, co: 8's s

BOG any other firm on BP. i. island. Get prices before placing orders. cial Reductions on Sets of three or | more Hooks |

Chaire, Parlor Set (bireh), Bedroom Net, Wire

nov22

ea A AR ate tee ees

94, 1800.

ee ORAL PONE DA AO LOO AE A SOTTO ee RE A ye CO open ae-eea rene ¥ Sore aS

et tt el CN OG LE”

een hee OO I ON eae ”

oo eee omen

uerantee to make BLANK = 20 per cent. cheaper than

We Spe-

TAYLOR & GILLESPIE,

tign of the Big Book, J- DB. McLeod's Corner.

_ Lessons either personaliy or by mail. For Terms, etc., apply to

Charlottetown, Nov. 11, 1890—eod tf

-READY-

MEN'S

We are showing a large stock of Clothing at moderate prices.

HARRIS & STEWART,

Campbell's Wine of Beech ‘Tree Creosote

'HE NEW REMEDY for affections of the Thacat, Larynx, Bronchial Tubes and Lungs, such as obstinate Sore Throat, Hoarseness, Bronchitis, Chrovic Cough, Congestion of the Lungs and Incipient Consutaption.

KENN®@ TH

GOS Craig ‘Street, - -- - - - Kfontreal FOR SALE. BY ALL DRUGGISTS. ect3)

\ ” , e - ~~ “tw ‘ No - ° ke Z\ aul. ~~ : 5 om, i Lv 3 7 es aad SS | - "| x | Phonography is so simple as t~ be readily learned by any one of |

ordinary capacity, and the public benefits to be derived from it are incalculable.—Joun Bricut, M.P.

Classes will be started about Deeember ist.

ww. EH. CROSZ IE

ome

THING

i

(x)

MADE

Mier’s Overcoats,

Men's Overcoats, REen’s Overcoats. (J

iS0ys Overcoats,

ESo0ys’ Overcoats, BBoys’ Overcoats.

witinee ntesarnoninlfi Sos

NMien’s Reefing fackets,

VEen’s Reefing Jackets, Mens KReefing Jackets.

~<(x)———

SULTS! BOYS’ SUITS!

——_(x )—_—_ --—

LONDON HOUSE.

Charlottetown, Oct. 23, 1890—5i

(x) —

——— PREPARED BY —--——

CAMPBELL

WaOoOLesaLea DRUGGISTS,

& CO.