nsszannis GAZETTE.

_.....____... .

Saturday. May 10, 1858.

Tu: case of Gaul rs. Pope. was in eﬂ'ec_t, to try u on whom the loss of a forged note. paid to the el‘on«liint, as he stated, by the Plainlilf. was to full. The facts on the whole of the case are as follows :—-Some time sincc—two or three ycars—the Plaintiﬁ', Mr. Pierce Gaul had occa- sion to pay the Defendant (Mr. W. H. l’opc,).a sum of mono , £75. nud he paid the some in notes to Mr. . I)8IBI'i8l\y, at that tiure the Do- fendant‘s Clerk. After the money‘ had been paid, and while the PlIlIIItlﬂ'.W:|S waiting for a receipt, the Defendant came into the Ollice and took up the notes. and carried them awiiy With‘ him, and tendered them along with some other notes which he had received iinmediatel before from Mr. James Moore, (at Mr. Peake s,) and which were in his hand at the time he took the notes paid by Plaintiﬂ, to Mr. Ilodgson in

syment. Mr. Hodgson in counting them, de- tected the note in uestion, and threw it out 1‘:ie Defendant (.\lr. Pope) is little wlnle after,

but in the course of the same day, met the Plaintiﬂ, and said-- "Hallo. Gaul. how came you to give DesBrisay this forged note?" _“ I do not think I gave it,” replied Gaul, “ but if I did, I will give you a good one for it, asl know from whom I received it." The Plaintiff then sent a good note. On examining his books and casting the thing over in his mind, the Plriintilf bgcgme convinced, that there was some error, and claimed the money thus paid by mistake to Defendant, who refused to return it. Ga brought his action in the Commissioners‘ Court for the £6. when it was decided against him, he then appealed to the Supreme Court, and the above facts come out, with this in additi.in,that Mr. B. Deslirisay upon being up lied to by De- fendant, denied havin receive the note in question from Mr. (Ian , stating as he did in Court, that he thought it impossible, that he could have taken a one dollar note for a five

und one. Mr. Gaul stated in his evidence that

o had received the sum of about £90 and up-

wards from r. F. Bracken, and that he had

counted it carefully, with that gentleman look- ing over his shoulder and checking him. l\lr. It-ecken deponed to the same eﬂect, stating that ho had received the same sum from Mr. R. Br-eckes, and had not counted it, and was therefore the more anxious to ascertain whether it was right. It was from this bundle, that Mr. Gaul had taken the notes to pay Mr. Pope.

C -

Tbe defendant who was examined stated, that

reels of notes, the one from was only £25 and consisted

liavi but two Mr. sore whic

of Eve £5 notes, in which he thought he could

not be mistaken, and the other which con tained a greaterriumber and considered it morally cert..i.. that the note in question must have elenged to the larger parcel, and that Deslirisay must have taken it from Gaul. The Court however, reversed the judgment of the Court below and decided in favor of the plaintiﬂhiolr. Gaul. We regret we were not in Court when the judgment was pronounced and cannot therefore state the exact grounds upon which the learned Jirdge—.Peters—-who tried the case came to his decision.

The great misfortune of this and smaller ones, is, that the costs on the appeal come to a sum very disproportionate to the amount in litigation. There isa great anomaly in giving to men totall ignorant of Law and who would themselves, in the least dilliculty. be obliged to have recourse to the advice ofri Lawyer, the

right of sitting in judgment upon the cases of _

others. ltis a still greater, thatwhen these judg- ments are pr-onounced,theyare considered as ha- vin claims to infallibilit so that the party ap- pea ing is compelled to rid security to pay the costs of the appeal,s. matter of serious dilliculty with manya poor ut honest man. We have known onfrcquent occasions,of parties having to submit to the grosses: injustice in consequence of being unwillrngto ask or unable to obtain the necessary securit . If a Jury in the Supreme Court give a ver ict contrary to evidence, or the Judge mistake the Law or misdircct the jury, a new trial is a matter of course, and there is no asking either plaintill or defendant to give security, though the second hearing ma not take place for several months, and though the defendant may have every opportu- nity and inducement to leave the Island. We have no hesitation in saying, that the adminis- -tration of law and ayiuity in Prince Edward Island is radically ine cient, and that there is nodopirtmcnt in which reform is more neces- sary. Why the administration have not looked to this before, is a question which the members can .slons answer. In England, in the Colonies and in die United States, where the same law forms the basis of their jurisprudence, viirious reforms have taken place. Prince war s- Isnd alone pertinaciously clings to error,

We kept our paper back to day in ex- pectstion of the arrival of a British Mail, but up to tlis limo of our going to press, (4 o'clock) the Packet had not arrived.

few hours notice, delivere an r Ad- dress on “ The Position, Prospects and Duties of the Working Classes,” dividing these classes into the rnind-lirbonrcr and the body-labourer. He descariicd with much ability, on their social and political importance, and glanced at the ini- proverneni which has taken place in the condi- tion of the working men of Britain the past 200 ‘cars.

The speaker illustrated his views by reading exlrscts front a Pamphlet entitled ritain s working men." being ii lecture recently deliver- ed st Chrlienhsm, England. by E. R. Humpli- reys, L. L. l).. formoly llosllmaslef of the Can- trsl Academy. of this city.— Mr. McNeil] remark- ing that he It'll assured he should have the less occasion to bespcslt the indulgence of the aiidi~ ence in making copious selections from the elo- qucnt publications before them. when. apart from the liigh re utsiion of the author, it was remem- bered that Dr. Humphreys had, at one iirrie ﬁlled the Presidential clisir of this Institute.

iscussioa ensued. which was well sustained by Messrs. A. A. McKenzie, J. Lspsgc. and J. Tsnton, the latter of whom, in particular, spoke at considerable length, and with great animation, in favour ofihe mechanic and other labourers, and instsuted some of the most illustrious names in the various departments of art, literature and sci- ence, ss having arisen from among the working classes.

On Tuesday evening next, the Hon. E. Whe- lzin will deliver a lecture on “ The events of the late war against Russia, sml its results." after which the present session of the Institute will b. adjourned until further notice.

Portland, United States, with cargo of Juniper Knees

ENGLISH GARDEN SEEDS, Growth of 1855.

UST received at "AI‘0'l‘lII-ZCARIBS‘ IIALL," . i-om WHALLlY's celebrated esisblishmcni, Liverpool, by Steamer "Alissrs," via Ilslifss srid rictou, a supply of GARDEN and FLOWER SEEDS in every variety, warranted the growth of I855. A further sappy daily expected per Ship

“ Jllrrjulic" direct. ‘I’. DESBRISAY & Co Charlottetown, May, I858.

“TENDERS FOR rain‘:-iTvE._ Fire Department, seer 's Once.

I-‘.AI.I-ID Tenders will be received by the Sub- scrihsr until Saturday 17th sy. insi., 12 o'clock noon, from persons willing to paint the seve- ral Carriages and water Csslrs belonging to ilie Fire Department uflliis City Security will be required for the due and faithful performance of the work, _IpP.clIIClIll0lI of which and infornistion thereon, seen ‘snduknown by application at the office in the City II 0

WILLIAM B. WILLNER, Secretary. Charlottetown, 8th May, I856.

sailed from Gcorgetown—Isabslls,Turnhull, to s

H.\SZAttl)’S GAY. '2'l I‘I'., MAY 10. 3 1:3

The Legislature of New Brunswick _vl'as pr0- 2 __=_ r “F cclérv _'sII_IRVE_¥?l}’- Th rogiied on Tliursday, lat May, the Lieut. (.ro- . T L. 3 Val duty H Ollélcl ms apprilipch r. S omss

- vcrnor in his Speech savs:— 9- _ _ 6 o 9" '"° ‘ ""'°’°' " '5 "'3," "°"”'

" 'l'lie consideration ‘of the means whereby :03 E % = 9;_l"I"'”z:_"'f‘l ‘l"':l.8°':n"';i:°°°;':‘:"°' ‘‘V'“‘ ' "!‘l-"' the formation of llailways may best be prouio- _ é a.._—_ 5 9-_: ‘:3 ° I“ “Jr W ':"LuA8h B: WELLNERV ted. has occupied your attention. In_the course A : = :3, 3 G, 3 g C“, clan‘. of the session. measures of great iinsortainee ,. ‘;‘_§ _"E’= r.‘ ch, come-,1 on-,c,,_ have been passed on this suhyect, an _I hope 4 3 I l “i: A ' Cl“''|°‘'°i°w"’ 7"’ Mny‘ law‘ that these measures may attain the object lor Z i; 5-‘ __ 6 __ 2 ,1 5: which they have been adopted." ‘ _ 6 43 0- 5 3 5 E’: --i 0' Hougehold Pu;-nit“;-e_

During the latter part of tho bcssion we no- N O 2 Q 23-; 3-‘ D Q E , 0 l‘ 80“) -Y Aucnou m.l.“U“sDAY ‘iced “I” f°u°V.'ing pﬂugmpl" in um “mm D " 3 3 .3 2 3 '5 l5ih Msv next, at the residence of the Rev: n“")"’f I‘“"-'°°d'“8"‘ . 0 _£ 59 O =0 m_ “ ssonosisss. upper Prince Street, all our

“ ' ‘IIO I0 IHILIIOPIZB ‘I10 I.(\f.d BISIIOP Of F. 5 __ H 6 or °- ‘ Gen'lem.nt. ”0“.eh"M I,"'"iu"”_ ac‘. & Fredericton to rant Marriage Licenses, and .- 3 n c -30-: -r: -u -2: -c -u -o -1: |.-,,,. {¢,,h., Pm;,,.|.,,_ ... u...¢n,i||.,

a Bill relating to the ritish American Great Q ; _- E 5;: _ kip A. ll. YATI-‘.5, Land Company, brought in by Mr. Ilarding, I-I E S g '; H _z'. Ag,-,ii..g..;-_ was also postponed for three months. Q Q : II. .» . § 3" Z Charlottetown, April I5, I856. Isl. I-ls.

On motion of Mr. Smith, in Committee was 0 3 ° . >' w_ U2 . . “.3 <3 _ appointled to btpke i_nto_ consrdpration the“ex- H 3 Ir... g -* U) U) In 2 Z 2 Z qi__ SALE 0’ VALUABLI penses or pu ie rinting, wit.i a view 0 es- .. i- _ _ __ _ _

...a..«-. g: 2=a8%«°smo 888% BUILDING LOTS ':‘_ 3 3 sun

Jnmes M‘CnIlum acknowledges the receipt .4 ii: 9. ,_ PASTURE LoIrs_ of £26 .7s., from the 3‘IMll0m"'.Yv Blue’ “ml 0 E E, 5 3 3 2 S : 3 3 3 3 IIE Subscriber has received instructions to sell hd_ucntIunal -Society of busouu-pee. to be °I'P|'°' K G : 9 by Auction rwsuroui reserve) ll. 12 o'clock on

riated !;IIi.Il)ll0WS, viz: £10 0 0 O 5 E "'7 Q N O P R I I) IA; Yl, the‘ liiih guy of next irgnlli (rMs1,)

oreign issiou ‘- E 3'3 — ‘ I 5 -r ‘ o co Twenty uiding .ots s joining the ily o Char. Home Mission 8 3 6 H 3" i: 6. 5 : é L :1 E F Iottctown, comprising part ufComrnon Lot 32, known

West, River Seminary 8 3 0 E E 7': re '3? G3 2*. 9': as ngwortli's corner, accorilirig to a Ian to It _._._- El 2 E I; S 8 3 g 3 E Q E seenﬂai his Sale hlllooniz slso. inirrrodiatel sficr will

£26 " 0 El ' - - - . beo ered to pu ic cornpeiiiion, four o the in “"5 MICALLr“_ E : ; 53 3 valuable Pasliure Lots in lzheslloyrilty of (‘liarloits- - gf - 1”’ ‘ town, being me 561, 56' , 66 and 661 (in one Bncue, Point‘ Mu, Gui’ 1 )0 >- E "' 9‘ "5 V‘ “3 9 l‘ ‘D °° ° lock) and situated on Paul .lonss's hill, about four .?_.T...__ . a. -I . . _

‘ V W _ ._ I‘ Q 9 miles from the l.‘Ity,—llt|s property is unequalled in ‘Ml‘-_C”Al»\l‘C5 IN’ N I U I E- E the Royalty for the cornrrisnding view it possesses of

Oil Tuesday Evening lar.t—John Kenny. l“..~q.. _ g Q -5 r. .; .3 s. the Harbor, River, and surrounding Countly; about Vice President, in the ch:m,—Aiicirra.ii.n DIAC 4 3 :', 3.”: .. I: g g o 3 I8 acres are cleared (but not broken up) and the

.'\‘|:ir.i., I-Isq., Secretary of the liisiitiiie, at s 9 ; _’_. $ [.. g, ,3 ‘E 2 f_, B 9. remaining 30 acres are covered wiili a line niisod

5.umh of hard and soft wood. A good title guar-

nteed Terins st sale. A. H. YATES. Auctioneer.

April 26th, 1856. Isl. Es. Adv.

Freehold Property in the Suburbs BY A. H. YATES. 0 BE SOLD by Auction on FRIDAY the 9th Msv next. at ll o'clock, on the promises, the remaining portion unsold of those

Valuable Pasture Lots fronting on the BRIGHTON ROJID and soar GOVERNMENT FIRM, lstsly the pro- perty. of the late Lieut. Col. Lane.

'I‘ is pmpcrty being contiguous to, and delightfully situated so as to comnisod in ous viuw from slaiust sny part of it,sssrly the whole of iris‘ Public Buildings and City, strongly rccommen it as one of tho choicest situations, possessing both Town and Coss- try advantages. It will be oﬂired in lots of about an acre each, or loss, to suit purchasers, according tos plan which will be submitted at the time of Sslo d may be seen any time prsvious at tho oﬁcs of tho Auctioneer.

Terms st Sale.

Charlottetown April 29th. Isl. Ex.

|I:P The sale of the above property is postponed until Monday, With May, inst. at l‘.3o'clock.

VALUABLE PROPERTY. TO BE SOLD by PUBLIC AUCTION, on WI-‘.l).\'I}5l)AY, the Second day of Jun»

@‘.\Ir. Donald Sutherland. Missionary, will preach (I). V.) in the Ternperance Hall, on Sabbath first, llth inst., Service to commence

IIOOII.

Married, At Cnscunipeque, Lot 5. on the 5th inst., by Mr. Jacob Gale, Bible Christian lllinisier, Mr. \Villi:im

Sweet, to Mrs. Frances Venle, both of that place.

med,

At the residence, Alhiou i'srm,'l‘hree Rivers, on the (hit irist., Mr. George Aitken, aged bl ycrirs, ii or a long and protracted illness which he endured with Christian fortitude and calm resignation.

On Friday 25th ult., at the residence of Rev. Doctor Twining, Catherine M‘Kcnna, ‘in ilie Itlth year of her age, a native of I’. E. Isl:ind.—h.c.

apsr. '

-iv .:_:t.-. . _ " -’7;_._....*" ‘Q}—é‘, Port of Charlottetown szrsrszann.

5th,8chr. Curlew, Lringuille, Pictou; lumber. II. Ingram, Lund, do.; mails and piisr-rangers.

8th, H. Ingrsni, Land, do.; mails and passengers,

rein, Schr. Lively Lass, Robertson, Pictou; coal. Iiliasbcih, Scott, Halifax; goods.

CLEAR D. May 8th, Schr. Ciirlssv,l.snguillo, TslI'n:igouch;pro.

I0tli. II. Ingram, Land, Pictou; mails and pris- pjcngcrs. Liberator, I-‘olcy, Newfoundland; pro- race.

Boat Found! DING adrift out of the Harbor, s BOAT, about thirteen feet keel. 'I‘he owner osn have the same It proving property and paying expenses on sppliest on to- EWEN IlcKINNON, Csaso Point. Ilsy 8, IBM.

next, U856.) si the hour of twelve o'clock, noon, at the Colonial Building in Charlottetown, pursuant ‘to License, duly granted for tlist purpose by his Ho. nor the Surrogate and Judge of Probate ofihis I»-lsnd,

at the usual hours in the morning and after-'l’°“"l"l ‘l*“° ‘l'° T“'°lm' ‘I'll’ °r l‘°l"“|"Y- 5- D I .'

al .

All the Right, Title and Interest of the late [Io- norslile l)orur.n M‘Doiuii.n, Glenrilsdsle, Town- Ellllp Number '|‘hiriy-six, (36) deceased, in and to the

following Land and Real Estate: | Nnrnely—-All that 'I‘ract, Piece or Parcel of Land, situate, l_\ing, and being on Division No_ 2, on the Plriri ofthc Estate of Cnsile 'I'iorarn,frorri nctiiril survey of \Villiarn Curtis, Assisiani_Survt-yor General, made July IH28, and now filed in tho Ullicc of Keeper of Plans, bounded as follows, that is to sny—Cmu. mencing at the Soutli-Bust angle of Division No. 3,on the said Estate on the Northern edxe or side ofilie Post or St. Peter's Road, thence (according to the magnetic North ofilie year I704) North one degree and thirty minutes \Vcst ;N. I“ 30’ W.) for the distance of Si-.vont_v-eiglit (78) Cllltllll. thence North Eight,-.gix (86) Degrees East orty-seven (-I7) chriirnr and Eighty-eight links. thence South one degree thirty minutes limit (I‘‘ 30’ F.) l".iglity-l'mir (94) chain. go said lloml. iliencn folloivin the marines courses of

'thc saiil Road \V_cstivardly, to the place of com.

rnoncerricni, containing 'I‘hrce hundred and sixty-two (362) acres of Land. a little more or less, and is pg“ of Lot or Township Number Thirty-Iive (85) in Prince Erlwiird s an .

Excepting out of the above Tract. ihn Lmd ma premises at the Eastern end thereof, under lease to, or in possession of Mr. James M‘Wil|isms, being about Fifty acres of Land, a little more or less;the 'I‘rsct to he sold pursuant to this Notice, comprising

in tires of 3I2 acres. a little more or less.

The above Land will he sold in several Plots or Divisions. For further particulars, and conditions of Sale. apply to the Subscriber st Glenulsdsle, or at the Olﬂce of the llonorsble Joseph Ilcnsley, in Charlottetown.

JOHN ARCII. M‘DONALD, Administrator of the Estate of the said late Honorable Deasld M'Donsld.

Charlottetown, lotli Ilsv, ll“.

Valuable Building Lots for Sale. ’1‘llF. Subscriber will oll'er to Public Competition,

on THURSDAY. Ilia 29th day of MAY nsst, on the premises, at I2 o’clock noon, TOWN LOTS N03 43, 44, 45, 88, 89 & 90, in the Fifth Iluiidred of Lots in Charlottetown; and part of.

COIKON LOT N0- 81,

being ri portion of the ‘ Esiurri’ Ilstato. This pro- perty has been intersected by Slrccls opened through it, and the whole lins been laid oﬁ' into suitable sud convenient lluilding Lots, in accordance with s Plsn prepared for the purpose.

As the Terms upon which this Property will bs ctfered. will be extremely favourable to t e Pur- chaser, an opportunity will thus be sﬂiirdcd of acquiring Valuable Loni, not perhaps again to be had in Clmrlolietowii.

I"ort'l'eriris please apply at tho oﬂico of Joint LONOWORTH, I‘.sq., Barrister, where a plan of tlio propery can be seen. .

WILLIAM S. LONGWORTH.

Charlottetown, April 24, I856.

FREEHOLD ESTATE For Sale without reserve. on the Premises. Y PUBLIC AUCTION. on Tuesday the Thir- tecntb day of May next, at noon. all that Lot of Land, situate at Summerside, between Crsbbo's Hotel, and Peter M‘l’hriil‘s Dwelling llouso, having a breadth of fifty feet on the Street. with a depth of ofono hundred and sixty feet on to the shore. On ' Lot, there are two buildings srccted, one of which is divided into two convenient Shops, and the other is at present occupi Mrs. Connors, as a Dwelling House and Store. There is also a spacious Granary or Warehouse. The whole yielding an annual rent of £86 currency, and is one of the best stands for business in this thriving and progressive ills . The terms of sale, will be ten per cent deposit. sad the remainder on delivery of the Deed. A good title will be given. For further information, please apply to dis Hos. Cbsrlss Yssag, Clisrloitetsws.

.- E’ I

WILLIAH WARWICK. Obsrlsttstows, Ilsroh 8!. BIG II.