CemMs :—Five Dottans A Yrar.
NEW. SERLES.
Tae Datty Examiner
iS ISSUED AVERY EVENING, By rae Kxawiver Pos.isie | Coup yy ROM THEIR OPBIOR, CoRNER oF W (rer
ND GREAT GE oRGE srREETs,
Charlottetown, P. E. Island Raves or Supscrtperion .
Six M nthe, - - - $2 50
Three Months,’ - . . 1 25
One Month,
* Advertising at most moderate rates.
Contracts may be made for
juarterly, half yearly or yearly advertise- ments, on application.
0 5D
ALMANAC FOR JULY, 1882. MOONS CHANGES.
Full Moon Ist day, th. (below horizon. ) Third Quarter 7th day, 5h. 38m., p.m, N.
(below horizon.)
New Moon 15th day, 2h. 49m, a. m., S, W.,
56m Gy "Mees Ne
First Qaarter, 23ed day, 6%. Sm. a. m., N. |
(below horizon. ) Fall Moon, 30th day, 9h. 49m , below horizon. }
asm, NN. W.
an Ae s i WEEK »U8 Sun Moon! High Days
Dp M DAY OF
hm hm} aft’n morn
l/ Saturday 4 15.7 48) 8 410 43:15 27
2'Sunday 19; 49) 8 40)11 26 3’ Monday 19, 491 9 Falaft 8! 4 Tuesday 20; 48) 9 44) 0 49 5, Wednesday | 21! 48/10 19!) 1 31 6 Tharsday 21} 47°10 41' 2 23) 7| Friday 22) 47:11 11) 3.11! §' Saturday 23) 47/11 45) 4 20/15 19 9 Sunday | 24 46 morn}! 5 41! 10, donday | 24) 46) 0.23) 7 2) 11, Tuesday | 2, 4551 6 8 8 12° Wednesday | 26! 45) 1 57) 9. 0) 13 Thursday | 27, 44) 2 53! 9 45] 14 Friday | 23 43 $ 54,10 25) 15 Saturday |. 29) 42) 4 56/11 2,15 08 16 Sunday | 20) 42! 5 59|11 35] 17 Monday 3t 4% 7 1! morn; 18) Tuesday 32 40) $§ 3,0 & 19; Wednesday | 33) 39) 9 3] 0 39
20 Thuraday {| 34 38110 4) 1 11
21) Friday } 35; 37,10 56) 1 45)
22) Saturday | 36, 36jaft 4) 2 25 14 54
23 Sunday | 3a . 35) 1 6, 3 10:
24 Monday 38; 34' 2 8| 4 10)
25 Tuesday 39. 33, 3 10° §.@6'
26/Wednesday | 40 32.4 9 646
27|Tharsday | 42).31, 5 3) 7 55|
28 Friday | 43) 30) 5 52. 8 53
2jsacurday + 44) 29, 6 34! 9 43htF a2
30)Sunday | 45) 25) 7 10/10 29) 446) 26) 7 43/11 10)
31| Monday
‘ie ARTHUR & CO. General Commission Merchants
Particular attention given to the sale of Isiand produce.
12] Atlantic Avenue & 20 Essex Avenue,
EOSTON, MASS, May 27, 1882—wkly
Bank, of Nova Scotia. } a
ESTABLISHED 1832, Paid Up Capital . . $1,002,600 Reserve Fund .. . 325,000
An Agency of this Bank will be opened on Monday next, 19th inst., in the building lately occupied by the Bank of Prince Edward Island, under the management of the under- signed.
Deposits will be received om interest, and on current account.
Drafts granted on the various Agencies and correspondents of the Bank.
Sterling and other Exchange bought and sold, and geueral banking business trawsacted.
D. C, CHALMERS, Ch’town, June 17, 1852—tf Agent.
EDWARD T, RUSSELL & C,,
Commission Merchants,
213 STATE STREET BOSTON, MASS,
May 19, 1882-— 6m
INSURA
OF ENGLAND. CAPITAL, TEN MILLION DOLLARS.
City of London Fire Insur- ance Company. CAPITAL, TEN MILLION DOLLARS.
Insurance effected on all kinds of property at current rates. Losses rettled promptly and equitably.
Fr. KENNEDY, General Agent, Office —South Side, Queen Square, Ch’'town, Feb. 3 1882.
PROFESSIONAL CARD. PALMER & MULLALLY
ATTORNEYS-AT-LAW, NOTARIES PUBLIC, &c.
OFFICE—()'Halloran’s Building, Great George Street, Charlottetown, P. E. Island, H. V. PALMER. JAS. W. MULLALLY.
April 10, 1882.
NUBiCRIBE forthe DAIL EXAMVEt. ~ the Cheapest and mos Newsy Paper
Publighed in PE. Taland,
rises |sets | rises water len’h. |
}
rc kK proprictor of this Establishment, owing to the increased : demand faci‘ities to his t improved machinery,
“ This is true Liberty, when Free-born Men having to advise the Public, may speak free.” —Evxirtpss.
ee
VHARLUTIETOWN, PRINCE EDWARD ISLAND, THURSDAY, JULY 13, 1882
Wy
for Bakery, consisting of the latest and mos
feteand is now
} |
monthly, |
| Hard Bread, Plain and Fancy Biscuits, &e., ‘The Clipper Brig Alpheta Disses sissuate tyne: Dopo He. Peet the. ballot paper tagonat oe sflcment
i
'
| May 4, 1882.
———— —- ()* (ene
his Goods. has. added new
Vi BAKERY? FOR LONDON,
(THE RE-COUNT
«» (2) The rejected ballot papers, q: & The spoiled ballot’ papers and no
prepared to supply the trade with
7
AT THE SHORTEST NOTICE,
——_—-—-:0:-————--
11000 lbs. CHOICH CONFECTIONERY;
lo arrive per Steamship ‘* Miramichi,” from Montreal.
Wese> Orders by mail promplly executed.
J QUIRK,
| }
' } i
}
|
;
ED «
GREAT CLOSING UP AT
83 QUEEN STREET.
Charlottetown, May
GREAT BARGAINS in Dress Goods, Tweeds, Winceys, Silks, Curtains, and all kinds of Staple and Fancy DRY GOODS.
Come early and secure Bargains.
N. B.— Customers will please not ask credit, as sales are for cash only; hence
bargains.
please call and settle without delay.
Fre MERCHANT TAILOR,
Is now offering Cash Buyers the BEST VALUE that
can be
fashionably cut, well sewed, and having
had the market,
in
weed Suits.
A magnificent range of
GENTS’ FURNISHINGS,
iI
Parties owing accounts will
ip
Broadcloth, Worsted, Scotchand Canadian
Collars, Ties, Underelothing, English and American Hats.
Our Readymade Clothing is Manufactured on the Premises
cood trimmings,
Will be seld as Cheap as Imporied,
299
~—»,
We invite you to inspect our Goods.
D. A. BRUCE,
"82.
72 Queen Street. |
wuaranteed,
-—
For Canadian Tweed Suits,
“Gro “tS
For Scotch and English Tweeds or Worsted Shits
Fér Overcoats of all Descriptions,
UPPER QUEEN STREET,
Island. Prices very moderate.
—~- ALSO
eens
~
There you will find the largest aod best assortmeut of Cloths in the | The best workmuustlp and a perfect fit
A complete line of Gevts’ Furnishinzs and Felt Hats, eheap,&e. Ke. Remember the address, two doors aove Ap thecaries Hal Corner Charlottetown, Oct, 11, 1881,
cnt ste OP mah Then alge ie in a a Sie toe
> Eos =:
A. NELLSON, Master,
Will be on the berth early in August, and will sail from Charlottetown for
London, G. B., About the 15th Aneust Next, |
4
| | |
providing 4 sufficient quantity of freight offers, and will carry Lobstars at very lowest rates
|
| Shippers will please make early applica. tion.
' Warehouse receipts will be given, and |
For further particulars apply to the owners, | | » r 1 . 0 ‘
) PEAKE BROS. & CO. | , Ch’town, July 7, 1882—3aw
STR. SOUTHPORT. | WEsT RIVER, | FROM PRINCE aT, WHARF,
\ ILt. LEAVE CHARLOTTETOWN | EVERY MONDAY, at 5.20 ©. m.,, for | Shaw's Wharf, returning at 7 a, m., calling at | | Westville and Rocky Point (when tide per- ,Mits); returning, will leave Chariottetowa again on Monday, at 3.30 p. m, and on | Friday, at 4 p,m. | FOR EAST RIVER, | } Will leave Uharlottetown, at 4.30 a. m., on | Taesday morning for Mount Stewart, retarn- ‘ing at 7 a. m, Calling at Cranberry and | Hickey’s Wharves, Also will leave Mt- . Stewart, on Wednesday morning, a. m,, lealting at Crarfberry-and Hickey’s Wharves, ‘returning to Mount Stewart same evenirg ; )eccasionally on Tuesday mornings (when the tide will not otherwise ‘permir) the Steamer will not proceed beyond Cranberry Wharf, but will invariably leave Mount | Stewart for Charlottetown on Wednesiay | mornings, returning same evening as above. | On Suadays, Steamer wil! leave Charlotte- ;town for Rocky Point (tide permitting) at ,9a.m. and 115 p. m; returning, will leave Rocky Pcint at 9 30 a. m.and 1,45 p. m.
i
~ | If Steamer is not on route on Suadays, sail
boat will take her piace, F. L, HASZARD. Ch’town, June 1882--pat [iy 3
i |
| “KENWITH? —_- — | ‘Extensive Sale of Farm Lands,
AM instructed to sell AT AUCLION, on WEDNESDAY, July 19, commencing at eleven o'clock, on the premises, at Kenwith, the property of the late Hon. John Myrie Holl. situated about 5 miles trom the City, on | the Malpeque Road, about six bundred acres of Valuable Farm Lands, which, with the Stone House, comprise the Estate known as Kenwith, The Land has been divided as ' follows: Four Lots, each 37f, 41 and 41} acres, and on the latter o! wuich the Stone Dwelling |House and out-buildings are situated, front .on the Upper and Lower Malpeque Roads, (and together form one of the most eligible | Farms near the City. | Seven Lots of 12} to 51} acres each, front on the Lower Ma:peque Road ibree Lots of 6, 32 and 42 acres each, ex-
231,
A Vi ERICAN WHITE & COLORED SHIRTS belies westwardly to the North River.
This Vulaable Property is beautifully situated on high land, commandifg some charming views of the surrounding country , Part of the Land has been under pasture for |some years, and is in splendid cendition for bre*king up; the remainder is beautifaily
$ wooded.
Terms—20 per cent, atthe time of Sale, {the balance in five yearly instalments with | interest at 6 per cent,
Plan showing clearances, &c., to be seen at the offices of F. W. Hales, John Ball and
William Dodd. WILLIAM DODD,
Cl’town, duly 3, "82—wkly 2i re Anctr, - BAGNALL & ROBINS, SURGEON BENTISTS,
’
NEWSON’sS BUILDING, Orr. Post Orrice, CHarLoireTown, P. E. I. June 5, 1882—law
St. Lawrence Hotel.
as
TWO DOORS ABOVE APOTHECARIES HALL CORNER) rp se above Horel is now RE-OPENED,
having been thoroughly repainted and refurnished in the best style. Being centrally situated and within three minutes walk of the Railway Depot and Steamboats, it offers inducements to the travelling public. Permanent and Transient Boa:ders acco- modation unsurpassed by any other Hotel ia
the city. a WM. E. HICKEY,
Ch’town, Dic. 21, 81, Proprietgr
cna Reins nag aac a Sek = 7
| by the Deputy Returning Officer of each
provides that “he shall open the ‘ballot box and proceed to count the number of votes given for each
‘sider what ‘process is pvinted out by the
Queens County Election.
—— a j
JUDGE ALLEY'S DRGISEON, csicts's provided ts enatie hi yas
Ow the recount of the votes cast at the recent Dominion Election for Queen’s Co., I find ballot papers in the baliot boxes for
turning officers, and all the ballot papers to be fonnd in the boxes for the 23rd, 27th and 33rd Districts are open to the same ob-
|jection. The question presents itself on this ©U* by the
state of facts as to the effect of the absence of that cfilcial’s initials on these ballot papers, and whether it becomes my duty on that account to reject them im the recount. The 2nd subsection of the 14th section of the Dominion Elections Act of 1880, r. ads
tees ‘have not been supplied by the
SINGLE Copres Two CENTS.
VOL IL-NO. 44.
sealed pagkets con-
papers which. have
is directed to open the taining —
(1) The used ballot been counted.
é
lot papers.
iain whether the ballots have by sup- ‘plied by the Deputy Returaing Officer. _He is not authorized under the Act to go ontside of the ballot papers for evidence of their authenticity ; and from a personal ex-
of the votes given to each @andidates. He is to determine upon the aceptance or re-
jection of the votes by the pointed
Act. Adopting the lan- guage of one of ths English judges, “*it might appear to. some ‘minds ‘that other processes might be more
satisfactory ; but the Legislature has aa 2r- tained the process by which the conclusion is to be arrived at.” He is to reject such as Deputy
'Retarning Officer, and the only <videnee
‘*At the time and place appointed, the
the Act provides that they have been so
srid Judge shall proceed to recount all the ' supplied by the Deputy Returning oftiger
. ‘ ‘ i ~ . al o ; Prince Street, Charlottetown, P. E. Islasu@ goods stored free of warehouse charges Praga cube yr ise, Sven nas Mae agen ds -
in presence of the parties aforesaid, if they
| votes or ballot papers returned by the sev-! which he is authorized to use is the evidence
ballots themselves afford, viz: the initials ef the Deputy Returning Officer
attend, open the sealed packets contain- “required under the 43rd and 45th sections
ing °-—
(1) The used ballot papers which have been counted.
(2) The rejected ballot papers.
(3) The spoiled ballot papers; and no other ballot papers.
By the 4th subsection of the 14th seetion of the same Act it is provided that the judge shall proceed to recount the vote, ac- cording to the rules set forth in Section 55 of the Dominion Elections Act, 1874, as hereby amended, and shall verify or -cor-. rect the ballot paper account and state- | ment of the number of votes given for each oandidate.” The 55th Section, regu- lating the mode of procedure to be followed
district on the first count of the votes
candidate. In doing so he shall reject all ballot papers which have net been supplied by the D
as the means of their identification. Cn
‘this point special reference is made to the
words of the 45th section which I have last italicized. The counterfoil having being des- troyed, the only means of identification re- maining to the County Judge are the initials of the Deputy Returning Officer. Thefact that the ballot papers are in the printed: form scribed by law and found in the ballot —even in cases when by counting them the number of votes is found to correspond with the number set forth in the Deputy Returning Officer’s statement establishes po
prima facie Boer eee that they have been supplied by him, as neither of these
facts negative the presumption arising from the absence of his initials that they have been placed in the ballot box after having been marked outside the polling station in violation of the Act and of the secrecy of the ballot.
Tt will be seen that the 43rd and 44th rections are intended to provide for two
puty Returning-Officer, all these}Classes of cases. ; Cases where a hy which véfee have been given for iene aE law is in force, coil cling where
candidates than are to be elected, and all those upon which there is any writing or marks by which the voter can be identified. These, then, are the rules by which the judge is to be governed in recouuting the vote. Heis required, under the Act, to determine whether or not the ballots have been supplied by the Deputy Returning Officer, and on arriving at a conclusion on this subject, he is not allowed to receive any extrinsic or other evidence beyond what the Act itself provides. Let us then con-
Act for determining this question, and for this purpose reference must be made to the 43rd, 44th and 45th sections of the Domin- ion Eicetions Act of 1874, the first and last of which have been amended by the Act of 1878. The parts of these sections naterial ts this enquiry read as follows:— Section 43, as amended — Each elector being introduced, one of a time for each compartment, into the room where the poll is held, shall declare his name, sur- name, and addition, which shall be entered
no such law ex'sts, and it is contended that as uo express reference is made to initialing the ballots in the 44th section, such initials are not required in Electoral Districts in which the Election Law of the Province where such District is situate, does not require lists of voters to be made to entitle them to vote. Under the original wording of the 43rd and 45th sections of the Act of 1874, there was some ground for this contention, and the amendments made by these sections by the Act of 1878 render it difficu!t to give them a constrno- tion which will make the 43rd, 44th, and 45th sections harmonize with each other. I have experienced some difficulty in arriving at a conclusion upon this point satisfactory to my own mind, but after a careful ex- amination of the three sections as they now stand, | hold that it is ea neeessary that the ballot paper should ‘ear the Deputy Returning Officer's initials where registation does not exist, as it is where registration law is in force.
The 44th section must be read and con-
or recorded in the voters’ list, to be kept for that purpose by the Poll Clerk, and if, tye same be found in the list of electors for! the polling district of such polling station he shall receive from the Deputy Returning Ofticer, a ballot paper on the back of which such Deputy Returning Officer. shall have previously put his — in-! itials' so placed that when the ballot is. folded they can be seen without opening | it, and on the counterfoil to which he shail | have placed a number corresponding to thai opposite the voters name on the voters list. Provided that such elector, if required by the Deputy Returning Officer, the Poll Clerk, one of the Candidates or one of their Agents or by any elector present, shall before recording his ballot take the! oath or oaths of qualification required by the laws in force in the Province where the election is held from a voter at the election of a member of the House of Assembly of that Province, ete.
Section 44 of the Act of 1874 reads :
‘If there be any Electoral District in, or or for which the election law of the Prov- ince where such District is situate, does not require lists of votes to be made tu entitle them to vote then, and im such case any elector claiming his ballut paper shall declare his name, surname, addition aad
strned in conjunction with the sections immediately preceding ard succeeding it, as they have been amended by the Avt of 1878.
The 43rd section, intended to apply to cases where regist:ation prevails, previ for recording the voter’s pame on a voters’ list {meaning thereby the poll book) and if the same is on the list of eleetors (or regi«- tration list) he shall receive from the Deputy Returning Officer a ballot paper, on the back of which such Deputy Returning Officer shall have previously put his initials, so placei that when the ballot is folded they can be seen without opening it, and in the counterfoil to which he shall have placod a number correspeading to that op- posite to the voter's name on the voters’ list (or poll hook), which is required uader the Act tobe numbered, as will appear by reference to the scheduled form O. The Act provides no exceptioval mode of vot- ing in the absence of registration.
The 44th section, applicable to cases where registration does not exist, is fol- lowed by the amended 45h section, which reyulates the manner of voting, under all circumstances. This section, after - scribing the way in which the elector
qualification, which shall be entered ona list kept for the purpese by the poll clerk and before recording his ballot paper, such elector may be required by the Deputy
mark the ballot, provides that he shall then fold up such ballot aper so that the initials on the ack can be seen without opening
it and hand it to the Deputy Returning Officer, who shall, without unfolding it,
Returning Officer, the Poll Clerk, ove of | ascertain by examining his initials aud the the Candidates or one of their Agents or by | number on the counterfoil, that it is the any elector present, to take the oath of|.,me that he furnished to the ek ctor, and
Walification required by the law in force in| sha}! first detach and destroy the counter-
such province from a voter at the election | foi], and shall then immediately, and in of a Member of the House of Assembly, | the presence of the elector, place the ballot ete. papers in the ballot box.
The 45th section as amended reads : — This section as originally passed in 1874,
‘The elector on recording his ballot! did not refer to initialing the ballots, and paper shall forthwith proceed into one of a; it then stood was consistent with the the compartments of the polling station and; construction that such initials were un- there mark his bajlot paper msking a cross necessary under the 44th section in prov- with a pencil «nm any part of the isces where regi-tration did not exist. bailot paper within the divisions, contsin- | Under the Act of 1874 the ballot had in ing the names of the candidates for whom / all cases to be enc'osd in evvel pes. But he intends to vote and shall then fold up four years afterwards in 1878 the Legisla- such ballot paper so that the initials on the ture abolished the envelope system, and back can be seen without opening it. aud| amended the 43rd sect on, by providing hand it to the Deputy Returning Ofticer, | that the Deputy Returnivg Officer in initial- who shall without unfolding it ascertain by ing the ballot shall a'so namber the examining his initials md the number on the counterfoil with a number corresponding connterfil that it is the same that he fur-|to thet oa the voters list (or poll book), nished the elector, and shall first detatch and the 48th section by providing that in aud destroy the counterfoil, and shall then al cases of voting the ballot papers shall immediately and in the presence of the be so folded that the initials on the back elector place the ballot paper in the ballot can be s-en without opening it, thus box. jadapting the mode of voting to Under sub-section 2 of the ]4th section suit tll lasses of voters whether of the Act of 1878, thé judge in his recount registered of vot, Reviewing, thes, the