possession of the said lands or any pss-tofthematanytimealldfilr- ther says that after the sale-byihe Sheriff of Queens Count! to "IO-M- mmt Nicholson of the sends described in nmsrenhs I Ind 9 o! the Statement of Claimi-hi P1810? , tiff George w. Gardiner on the 6th day of January A. D. IMO-filed a Bill of Complaint (No. n-ss) in the

CHESTER MORRIS — GENEVIEVE TOBIN

.. DINACHINQ- A P P E ll l l ll F ' . . H A I NHH. cimoi ii I S Nl_|_S S E lixmdmgaflgsmimuznnw

M 0N D A Y Judgment Given In ; m" "i °‘"‘°°"'°" '"“ "°‘“‘ °'

. Mgllgflygn, then the Sheriff of , Case of Gardiner VsJw-m www- m W "i" d

l City 0f GIIMIOlSlSB- §"Jr'1°.is§".i.."f§ismls'.'i'isy"$ town in Supreme

B111 the plaintiff George W. Gard- iner declared that he was the sole Court Yesterday ‘The appeal of the plaintiff in the

owner of the lands 111111190310! 1M verified his statement upon oath. I-Ie charges that in pursuance of an unlawful compact made between -csse o! Gwrse W» “will” ""1 the City or Charlottetown and the another vs. the City of amrwm‘ assessors before and at the time of town and others was dismissed W!‘ the appointment of the assessors tel-day by iudsment o! 0h!" -l"l- fOf the three year period from 1m tlce ivisthleson 1h t!" 5111mm” to mo inclusive the assessors in court, Mr. Justice Saunders con- curring in the iudsment- Following is the lllfimtnt °7 Chief Justice Mathieson:

PRINCE EDWARD

‘IO-DAY ONLY

GAPITUL TODAY

Special Sale on Friday ‘and Saturday ONLY

PRICES ARE‘ RISING BUY NOW OUR OWN SUGAR CURED PICNICS

Per Lb. '—Also-' r cuorcn 001mm) BEEF ‘ 9 to 11c Per Lb.

,TRY'THE NEW SENSATION ‘,wArrLsn-srnax wr: navn rr

" FISH DEPARTMENT ransa- p ISLAND SALMON

HALIBUT HADDOCK

WKIKXEV A Novel Departure From Th!‘ Usual Drama. _.3._ Short Subjeciis "Farmer- efte" "Blue Grass ‘ I Kings" 1' And "Native"

HAVE YOU A CARDIAC CONDITION ‘I

PR 1N C E 1.11" .11? .111 TIIZZ ED WARD

PLEASE DO NOT ATTEND THE u” m"

MONDAY hand» lo"

., ., and happiness

-0 n t h e

other, to re-

msln an out-

sider in the

whirl of Hill From Kathar- ine Cornell's stage snggees!

i

snowmo or THE "om DARK nousn" as WE WILL NOT BE

consideration of increased salaries RESPONSIBLE’ were to value the property of the FILLETS

said City far in excess of the valu- ‘ MACKEREL

"W" fngjzjjxtfjgjnff: 32f: svsarrmuc m rnnsn AND SMOKED FISH 389 -PHONE- s90

charged in the present suit are ai- Ndii-7-27-3l

N CHILREN

SHOULD BE PERMITTED TO ATTEND “TIIE OLD DARK HOUSE”. IT IS SPOOKIER THAN "FR.LYKENSTIJIN"—-JEKYLL AND HYDE AND ALL OTHER MYS-

This is an appeal from the de- cision of Mr. Justice Arsenault given 0n the 21st day of Iebruarv A. D. mas whereby in the case of

leged against the said City and the employees thereof. " ‘misfiillwasontheflethdayof

sss§is§éEf_ .s.

TERY PICTURES

BORIS

“FRANKENSTEIN”

KARLOF F

ALSO

ANDY- CLYDE COMEDY

Do Not Neglect Your Eyes

An examination might be of great benefit to you.

E. W. TAYLOR J. S. TAYLOR OPTOJIIYIRISTS South Side Queen Square

.______‘________s_

BALL-LY-TIIE-IIOLE A number of piuycrs may tzikc part in this outdoor camo, A bow- ler is chosen and stands in a large crclc marked on tho ground. In front o.‘ him, about tvxclve fcct

ENLARGEMENT FREE! your: Kodak "films and 5o véjupgd apqfrinied "The .\(-w .n Enlargement Prev . QRDEfFANLfllYHfl. . BE DELIGIITWiII)

chasm a (m:

- ‘REID _._s'ru 01o

Old - fashioned Oven baked Nutritious

STEWAR T’S y BEANS‘

Today/s

Pecan Rolls Stollen Loaf Banana Cake

S TE WART ’S BAKERY

Kent Street

COMBINED.

011B. Prlosifieyis c0140 f tale; hll-JLVYN DOUGLAS

tunities to Marry o; Penderel; Gloria Stuart '

Jlélay Escalate Examplel Of Prince

European Princesses Envious of Brothers Oppor-

F or Love.

as Margaret; Lilian Bond u Gladys _ and oihcr

famous players-

I .- . ‘if, . . l

The PUIICLsSLb of Duopcnn hous _ cs are becoming curious of the way, in which the ban on morganatic al-‘I t __ lianccs is being defied by their l brothers. '

Two recent instances of the, sclons of royal houses wedding com- ,1 moners have aroused qualms among; royal dowagcrs lest the princesses; with their marriage market becom-

This column is reserved for Que!‘ (‘nunty new: of local lnterslf bu! a- sorilslng of e newsy nature may be inserted ut 4 cents I word strictly playable iu advance. '

_..,-..__ _ MEN'S BLACK Blucher Oxfords special low price $2.95 per panr.

I

"BOY OH BOY" AND NEWS

ing limited as princes marry outside the royal circle, assert their inde- pendence and choose husbands from the ranks of commoners.

Prince Wilhelm of Prussia defied his royal parents to marry Fraulein Salviati, a young German girl from the Rliinclund, at Bonn. '

The hcir of the Spanish throne, the Prince of the Austrias, gave equal defiance to his father, ex- King Alfonso, in (lcciding to many a Cuban sugar nmgimtfs ilauqhlcr, Senorita Snmpcclra-Occjo, at Lnus- anne,

If princess may marry for lovc, why not princcsscs? It is easier said than done, for princwsc-s have not the freedom of ihc ordinary modem young girl. They cannot go about unattended, and their speaking ac- quaintances are among the elect only. Moreover, ihc princcsscs are much more dependent on ihclr pnr- ents for money than urn princes.

They would not find it easy to raise money on their Jewelry with- out being detected.

There is onc Princess to whom none of these considerations matter, for she is a (ietcrmincd “bachelor girl.” This is the Princess Ingrid of Sweden.

away, are a. line of holes, one for ‘each of the other players. In each Ilhole are three stones‘. The players gstand beside the holes and the igame begins. l The bowler bowls a. small rubber iball into one of the holes. As soon ins the ball enters a hole, all the ‘players except the one into whose lhoie the bail has fallen, start to lrun into the circle. The player into whose hole the i ball fell quickly snatches it up and trcs to hit one of the‘ running players with it. If he succccds in hitting a player before the player reaches the circle, this player must lose one stone. Should he fail, how- cvr-r, he himflf must lose a stone. The player who is the last to lose all his stones is the winner of the

Cents lzlfiy’ s11‘

Wm, Ne" {[01 ETERNAL SPINSTER

. N_ N'B_ I “I want to be mi eternal spinstcr," she is said to have told a friend. But it is rumored that the real rea-

on for her preference for avoiding marriage with a royal prince is that she hos 10st her heart to a young Swedish aristocrat, whom she cun- not be permitted to marry under the present restrictions.

Princess Jilliann, heficss to the

SOIIVENIRS

Charlottetown

-—and— Prince Edward Island

A womicrful assortment of

O SPGCIGIS SOUVENIR nos-r cmms SOUVENIR (llllNAtvAllE LEATHER 0000s,

swansdown caka FANCY SOUVENIRS

Cocoanut Cookies French Pastry

in SILVER, BRONZE‘- and mnny other Dccozaffims. (fall at our BOOKSTORE and get a supply before lfllVlflp for home.

Garter} 0o. Alimited

l

Phone 211.

throne of Holland, is one who is not '

l Purclie - Ferguson's.‘ 2090-7-29-11.

BINGO — BINGO — BINGO. —- Wonderful prizes-City Hospital Festival August 1st. Hospital grounds. 2053-7-28-41.

SPECIALS AT STEWAR-TS. -

ment of non-suit was delivered andl in the case of George P. Nicholson a judgment for the defendant.

The action was brought Primarily as an action in eiectment for the recovery of certain lands in the City of Charlottetown which up to the time of the sale hereinafter mentioned were severally the prop- erty of the plaintiffs. The lends, with the exception of that part described in paragraph 3 of the Statement of Claim, were sold for taxes due to the City of Charlotte- town by the plaintifls or one of them and were purchased by the

the City of Charlottetown a JudB-mlamh A n 193° ("massed 1m-

want of prosecution with costs against the said George W. Gard- iner, Clearly the plea of esioppel pleaded by the defendant City of Charlottetown is sustained.

In my opinion the City Should never have been made a Daft! W these proceedings. If any irregu- larity occurred in the Prootedlflflfl- they would be chargeable not to the City but to the officers who eon- ducted them and any proceedings for redemption should be directed to or against the purchaser and not against the corporation. So far as the possess! In of the lands in ques-

defendant George P. Nicholson, who afterwards went into possession of‘ the same by virtue of two Deeds of Conveyance executed by the Sherlffj of Queens County. i The other defendants except thef City of Charlottetown hold under the defendant Nicholson,

The plaintiffs or one of them claim:

premises described in paragraphs 2, 3 and 9.

(2) Mesne profits from June 1930 till the said lands and premises de- scribed in paragraphs 2, 3 and 9 are or some or one of them is de- livered to the plaintiffs or one of them.

Pecan Rolls per doz. 25c. Swansdown lCake 40c lb. Stollen lsoaf 25c lb. ' 2093-7-29-11.

l ENTRIES ARE NOW being re- k-civcd for the Provincial Exhibi- lticn. Make yours early and avoid lthe rush later on. Entries in all iclasscs close August 11th. J. W. Boulier, Sccy-Treas. 1943-7-21-1!

BANANA CAKE-A general fav. orlte. special today 40 cents each. Stewurts Bakery. 2093-7-29-11

GET YOUR HOLIDAY CAKES and goodies at the Home Baking Booth at the City HrxspitalFestival, Tuesday afternoon and evening, August 1st, Baby Day on Hospital Grounds. 2053-7-28-41.

free to choose outside the royal circle, and even within it her choice of a husband is restricted, for she may not, under the Dutch constitu- tion, marry the heir to any foreign throne.

The Princess is a shy, plump wo- man of 21, who loves painting in water-colors and riding her bicycle.

IN DEPENDENT-MINDED

Probably the most independent- minded of Europe's princesses are the three sisters of Denmark's royal house-the Princesses Louise, Carol- ine and Fedora. Should any of them fall in love with a commoner, it is quite possible that they might cast their titles aside with royal conven- tions and marry the man of their choice.

The Princess Maria of Italy is one who has been repeatedly reported to be engaged w one Prince or an- other, but she is still single. A brunette, with black eyes, she is the youngest of five sisters, and resemb- les her mother, who was a Montene- grin princess. She is said to insist that she will many only for love.

The Princess Eudoxia of Bulgaria seemed destined to spend her life l‘ usokeeping for her brother, King

(3) A declaration that the alleged tax sales and the said conveyances from the Sheriff of Queens County in the said George P. Nicholson are null and void and that the said con- veyances from the Sheriff of Queens County to the said George P. Nicholson of the lands and prem- ises described in paragraphs 2 and 9 be set aside.

(4) A declaration that the plain- tlffs or one of them are entitled to the possession of said lands and premises described 1n paragraphs 2, 3 and 9 orsome or one of them.

(5) An account of the rents and profits of the said lands and prem- ises described in paragraphs 2, 3 and 9 from the month of June 1930 up to the present time.

(6) Damages for entering and ex- pelling the plaintiffs or one of them from the possessi of said lands and premises described in para- graphs 2, 3 and 9 or some or one of them and keeping the plaintiffs or one’ of them so expelled from June 1930 up to the present time and for depreciation in the value of said lands and premises during the same period.

And the plaintiffs, or one of them, claim $10,000.00.

(7) In the alternative the plain- tifls and each of them or one of them claim that they be let in to redeem the said lands and premises described in paragraphs 2, and 9, and that the same or one of them may be reconveyed u» the plaintiffs or one of them upon payment by the plaintiffs or one of them of all sums and amounts (if any) due to the said City of Charlottetown for taxes on said lands and , mises and each of them, together with all interest" and charges, and upon pay- ment to the said George P. Nichol- son of all amounts (if any) due to him by the plaintiff and each of thsm,or either of them in respect of said lands and premises and each of them, together with all interest and charges, the plaintiffs and each of them hereby undertaking to pay

Boris, but now that he has acquired an Italian princess for a wife, there is talk of an impending romance. .

But the Princess has as yet given no indication that she intends to marry, and always turns the con- versation with a smile when mat- rimony is mentioned.

._..._._._-_-_____ F rmanent Wave

“Locks that are stiff and hard in turn should be oiled with a feather dipped in good machine oil" says s householder. If after this treatment the hair still stands on end, consult

a good locksmith.

all such sums and amounts togeth- er with all interest, costs and ohsrsee- (li) An account of all such sums, interest, costs and charges due by the plaintiffs or one of them to the defendants City oi’ Charlottetown and George P. Nicholson or either of them.” “(8) An account of all such sums, interest, costs and charges due by the, plaintiffs or one of them to the defendants City of Charlottetown and George P. Nicholson or either of’ them."

The City of Charlottetown by K. M. Martin its attomey denies

1 The quest‘

tlon is concerned the ' City never claimed any right thereto, nor is there any evidence that it was 1n possession of the same or any part thereof.

of ,ossession never was in dispute in this action except as to a small strip of land described in paragraph 8 of the Statement of Claim, which does not appear to

"(1) Possession of the lands and lhave been purchased by no, ¢on_

iveyed to _nor in possession of the ldefendant Nicholson. The remain- ‘ing part of the said land was pur- chased by the defendant Ni “ ‘

at the tax sale and conveyed to him by the Sheriff of Queens_ County and by his tenants ‘Nicholson was in possession thereof when this ac- tion commenced.

The plaintiffs in their Statement of Claim assert as follows:

"11. The defendant City of Char- lottetown without any power or Hllthorily purported to sell through the Sheriff of Queens County the said lands and premises described in paragraphs 2 and 9 respectively County has wrongfully and illegally due and unpaid to the said City of Charlottetown for the year 1928, and the said Sheriff of Queens County has wrong-fully and ilegnliy executed a conveyance of said lands and premises described in para- graph 2, to the said George P. Nich- olson who illegally purchased same for and on behalf of the said City of- Charlottetown and the said Sheriff has wrongfully and illegally executed a conveyance of said lands and remlses described in pars- graphSiothesaidGeorgeP. Nicholson who illegally purchased same for and on behalf of the said City of Charlottetown, the said two conveyances purporting to be made under and by virtue of said alleged sale such conveyances being exe- cuted by said Sheriff of Queens County illegally and without any power or authority."

"12. In or about the month of June 1980 the defendants City of Charlottetown and George P. Nicholson or one of them wok pos- session of the said lands and prem- ises described in paragraphs 2, 8 and 0 and expelled the plaintiffs and each or one of them from the possession thereof and the defend- ants the City of Charlottetown and G013: P. 171011013011 or one 0f them h!" Wmflsfully retained the pos- session of the said lands and prem- ises from that time up in the pres- ent time and have received the "Hi8 and Profits of said lands and premises from that time up to the Present time and are now wrong- fully 1n essi of the said lands and premises and wrongfully recelv. ing the rents and profits thereof." When the plaintiffs had closed their 0M0 they had proved their documentary title substantially as set forth in the Statement of Claim but they had failed to prove any of the material allegations of paragraphs 11 and 12 thereof. The case then stood thus; The City of Charlottetown disclaiming- all title or interest in the said lands at any time and the defendant‘ Nicholson 1411111111118 his pouession by his tenants named in the suit as co- defendants. The plaintiffs, relying upon the evidence of title adduced, closed their case. The defendants called no witnesses.

The plaintiffs claimed that the

defendants, relylns wit‘? "W" A“ tax sale and title, had upon them the burden o! prov/ins the vllldliv of all the proceedings which even- tuated in the deeds of oonveyflflc? o1 the lands from the Sheriff to the defendant Nicholson. They ad- mitted that the statements and charges made in 17111181119118 11 3nd 12 were bad pleading but contended that they were not obliged to prove them. The trial Judse held to the contrary and I think he was right.

The procedure is settled by r. 20 of Q, 21 of The Rules of the Su- preme Court of this Province, which reads as follows:

"No defendant in an action for‘

recovery of land who is in posses- sion by himself or his tenant shell be required w plead his title, un- less his defense depends on an equitable estate or right or he claims relief upon any eqhlteble mum; aggingf, any right or title asserted by the plaintiff. But, ex- cept in the case herelnbefore men- tioned, it shall be sufficient to state by way of defense that he is so in possessi In and it shall be taken to be implied in such statement that he denies or does not admit the allegations of facts contained in the plaintiff's statement of claim. ' He may, nevertheless, rely upon any grounds of defense which he can prove except as hereinbefors men- tioned."

Tho equivalent Imperial Rule 1s r. 15 of 0. 19 of the Rules of Court of 1875, which was thus interpret- ed by the House of Lords in Dan- ford vs. McAnulty, reported in B A. C., 456. The heudnote reads:

"In an action for the recovery of land a statement of defense alleg- ing that the defendant is in pos- session operates (by virtue of O. 19 r. 15 as a denial of the allegations in the plaintiffs statement of claim and requires the plaintiff to prove them."

So held affirming the Judgme ‘ of the Court of Appeal. Lord Chan- cellor Selborne in his reasons for judgment said:

"Rules of procedure ought to be clear practical directions. To tell s defendant in ejectment that it shall be sufficient to state by way of de- fense that he is in possession and then to hold that if he does this and no more in his statement of defense he is to bs taken as ad- mitting the truth of the plaintiff's case as alleged by him on the re- cord is to make the rule a snare to him."

And Lord FltzGerald said:

"As a general rule the issue in ejectment never was cast on the de- fendant; he relied simply ‘on his possession and wss not called on to

proved his title and right of entry. . . . . The Plaintifl’ has set out his

which must culminate in showing that he had a right of entry. . . . ’I‘he defendant, in saying that he is in possession, which means as

sion‘, in effect traverses that deduc- tion and puts in issue the whole preceding statement of title.

The statutsble defence may be thus expanded; ‘I am in possession and that is a good title against you un- til you prove a better title and right of entry‘ " . . . ‘I sm_ in possession‘ Duts in issue by necessary implica- tion the allegations of fact in the plaintiff's statement of claim, which are necessary to support his claim to a right of entry."

proved their title which was per-

up to the time when they were dis- possessed by a person claiming und- er an adverse title and a right of entry thereunder. |

The well established rule that "m"! WET"!!! title under tax deeds must prove that the proced- ii" Pfilcflbfld by the relevant stat- "W “I been Wmlilled with sees‘