A WEEKLY JOUR

VOL. XXII!

NAL OF.

SSS eee

YK A’ IA Y A AY Z Y i Z VA

RATURE

A

‘*This is true Liberty, ~hevo Freeborn Men, having to- advise the Public, may speak free.’---Enripides.

——— = ee ee

CHARLOTTETOWN, PRINCE EDWARD ISLAND, MONDAY, MAY 29, !871,

L NO. 22,

_

Ghe Cxraminer

IS PRINTED RVERY MONDAY BY PrP. R. BOWERS, Ay HIS OFFICE, DORCHESTER STREET,

A few doors Wes* of the Catholic Cathedral,

/ ae DAA eDRMING tS sv Sa vBo Pd JUN S Ten Shillings per ansum, in advance; or Twelve shillings whea not paid in advaace,

POSTERS AND HANDBILLS

PRINTAD AT THIS OFFICE, OO EE

CLUBBING RATEs.

TE will send the «: Bxaminer”’ for 1871, W snd any one of the following period- icals at the annexed rates, payable in ad- vance :

. " 1 2 : ) > he

American Agrticulturist, £018 0 Atlantic Monthly, ie Harper's Magazine, 2:iuB< GY Galaxy =— = Blackwood's Magazine = es Dublin University Magazine, s e"¢ Leodoa Review, < Dubiia de : 3 0 Edinburg’ do, _- . Weatminster do, 13 0 Norts Britiah do, 52,0 Notth American do, 110 0 Every Saturday, [lustrated, ae Appieton’s Journal, do, 138 0 Harper's Weekly, i 8 0 Harper's Bazzar, ee. Frank Lestie’s [liustrated Newspaper, 1 8 0 Boston Pilot, 4. 3,0 New York Ledger, . a. © do Weekly, 7. 2 do Herald, 3713) 0 do Trebane, 2 ale do World, ee me

We can supply any of the English, American, er Colouial Publications, at the lowest cash

rates, P. R. BOWERS.

ALMANAC FOR MAY.

Moon's CHANGES Full Moon, 4th day, 6h. 43m even. E. : Last Quarter, Lith day, |Uh. lim, morn,, W S.W, New Moon, 19th day, 6h. 33m. morn, 8.8 E Firat Quarter, 27th day, 3h. 50m,, morn, N. E.

Business Cards.

LLLP LL RLLLOLA NL LOA LOLOL LOA

COLFORD BROS.,

TOBACCO, - @RRARS,

and Smokers Articles,

Pastas: WA ii BB. May 1, 1871. ly

UNION HOUSE! Hurrah for the Railroad !

FENUB Subseriber thankfol to his friends

aud customers generaily, for their patron-| lage since hie commencement in business in | UNION HOUSE Charlottetown, snd in! scliciting a continuance of the same, beys leave to inform the public that he has refitted up the Union House at a LARGE COST in- side and out, and is now prepared to accot- modate the

TRAVELLING PUBLIC. and hopes to morit ashare of Public Patronage It you want to be in the business part of Charlottetown, stay at the UNION HOUSE.

TerMs Mopgerats.

A FIRST-CLASS BARBER S SHOP in @unuection with the Hutel, where you will always find the Barber at his post. in con- nection with the above Hotel is an OYSTER SALOON, fitted up in good style, second to none in the | | Provinces, where you can get Oysters done ap in |

First Class Style, at any time up to Il o'clock, p. m., Sundays excepted,

CHOICE LIQUO/iS | of all kinds, the very best in the market, avd | | attentive waiters always in attendance. Come | jone! Come ali! But don’t get off the track. | JOHN 8S. O'NEILL. |

Union House, Ch’town, May 1, 1871. 3m

er |

HAPPY HOME

| vax [aux | sus | SY 122/85 | 53 M WEEK) rises seis | ok i i= es Ios) i clock |4 Im = =| ¥e & RF “ enanl aamene| oneal cenit aoe | 4S ha | h mw)" nia elh ain mia m! , : . |

1 Mon | 51/7 a] Seng 201 7 0li413| The above New Hotel, in Sydaey Street, | 2) Tues | 4y| 53 #8) 4 6] 333) 16! opposite Blatch and McKenzie’s, is now open | 3 Wed 47 6) 3 15) 427| 9 33) 19|for the Pubtie, The H H. fl is only one | 8) Thar | 4] 7| 3 z}-1s08 hu i} 22) block south of the Market Square, afford g | &| Prd | = 4) oS ei) st! |) 24) Country People a favorable opportunity ot 6, Sat | 4h oy $s wl 93 ih Se :

- > “ry “ va ole nt . .

4} Sun 7 7 le 3 57) 10 i ed 27 good Stabling and Provender for their Horses | S Mow | 42) de} 3 4211 54) 9 SAY 3Y) Th. Proprietor of the HAPPY HOME HO-| sa dyes | a fi 3 44 O44 3 Dit 7 | PEL is determined to give the best possible | ti) Ther 3y) 16) 3 Se | {2} 427) 37 | Satistaction to bis Patrove. The St bling is! {2 Frid 24 it . 2 a 5 3 49 | good, with abundance of Provender for | 1} Sat Bei Ix 3 S01 224 631 42| Horses. ln comnection with the Hotel is a} 14) Sun |b 35719) 34} BSH 7 30) 44 | supply of

15) Mon | 34) 2 3 Sy Siu sey 4614. 7 ee z

16 Tues} 3) 2; 3 5a 334] 9 7 49, Wrocerles, Confect. vnary» &c- 17 Wed 3i 23) 3 Sept sol Sv] 52) og, "a ¥

13, Thur oa 24 3-50 4 Wtlo3 | 4 | S+ven of ae permanent Buardere con he | 19 Frid Qu) 25S 4-facte [It 56] anpomenacate at @ reasonable rate per week. | 2) Sat 24 263 44 44 ar Ss Go . f eople, please call and jadge for | 21 San {4 x77) 2s) 3 4a} 9 41) Moral td 0} Yourselves: a. | 22 Mun 261 2-| 3 Balin 32 e es 2} A. A. McKENZIE. | 23 Tues} 2 «29, 3 Baez rie 4} Proprietor | 21 Wed 21) 30/3 291059) P50) 7) Sydney Street, Ch’town, Jan 23 1871. 25 Pour 2 31) 3 Bs Morn) 234 9 —__—— $$$ enema | 26 Fri 22 32)3 Bj O36 S2H It] . ; asi | vf 333 nites ss) Apothecaries Hall

23 Sun {4 Quiz 35,3 4) 1345 A) 15) , 29 Mon I 36 2 57,2 16 4% 17 | The Ofd Stand, West Corner of Queen 30 Tues} If 37,2 49/6 xy 25s) 18 Square. 31 Wed 17 39 2 4) 2521-7 55

20

Husiness Cards. HENRY J. GAFFNEY, M. D. PHYSICIAN & SURGEON; OFFICE IN North American Hotel,

KENT STRELT. Charlottetown, Aug 3, 1370. deidw te MR, A. SMYTHE, PROFESSOR OF MUSIC,

Has Removed his Academy to Water St,, (Opposite the late Telegraph Office.)

Pianolorte and Metodeon Tuning punce tually attended te.

July 25, 1870. Dhl.

| CARVELL BROTHERS, aK

AUCTIONEERS,

Commission Merchants, el]- Hanger, Gun aud Tin- Suit,

AWD GENERAL AGENTS, BANK BUILDING, QUEEN STREET, Charlottetown, P. E. Island

A. McNEIBL, Reading Roo m Poprietor COLMIZSION MBACHANE

AND

AUCTIONEER. CHABLOUTTETOWN, March 21, 1870. lyr

WILLIAM DODD, ommission VWerchant and AUCTIONEER,

QUBEN SQUARE, CHARLOTTETOWN, P. E. ISLAND.

fi. HASZARG:;

Commission Merchant, GENERAL AGENT,

AND AUCTIONEER Uppe. Queen Street, Charlottetown, - - - P.E.T. N. 8.—Orders from «broad, and the country Wil! -eceive prowptatie ution. April 26,1869

Is7t Fresh Seeds. 1871

(; ARDEN, AGRICULTURAL, and FLOWER SEZDS and BULBS.

INDIAN CORN Grown by an CORNWALLIS, For Sale by Wk. R. WATSON. City Drug Store, Vievoria teailding April Ly) 87%.

———

ptinted at Exan ner Office.

experienced egitivator i

ANDBILLS asd POSTERS

ESTABLISHED, 1810. By Steamer City of Cork from ENGLAND.

|

i iy Brigantine James from MONTREAL, i aud otber recent arrivals, the undersigned ; hase mnipleted his importtions for the winter, | consisting of

i

GENUINE DRUGS & CHEMICALS,

Dye Stuffs, Vanishes, Paints, Oils, Colors, Xe.

PATENT MEDICINES, PERFUMERY, TULLET ARTICLES, &e., Ke.

The whole of which will be sold at a small ad vance on cost,

Special attention, by an experienced hand, to the preparation by day and night of Physicians’ prescriptions and private recipes.

T, DESBRISAY. Charlottetowo, Jan. 2, 1871.

A. HERMANS,

Dorchesier Steet, i (Next to ‘* Examiner’? Office.) Bes toreturn histhanks to the general public for the liberal patronage extended to him since hiscommencement in business, and asks for a continuance of the same. He keeps constanty on hand

A neat Asortment of

TINWARE, KITCHEN UTENSILS

&e., &¢., &c.. ALL ORDERS in the above BUSINESS will be punctually attended to. Having lately made large purchases in the Theapest Markets, intended for Hoase Builders, guch as

Gas Fitting, Water Closets, Bell Fittings, &., &c.,

and will fit them up in a good workmaulike style To a generous public, | would say, that all ordere in THIS BRANCH OF MY BUSI NESS will be attended to with Despatch A Lot of First Class WATL.R COOLERS on band. SAYER’S RYSTAL BLUE,

Sold Cheaper than ever. Fuly 12, 1869

BOSTON

‘Alhambra’ & ‘Commerce,

NE of the ubove Steamers will leave Bos- O ton every Saturpay for this Port, via Halifax and Uanso, commenmng on the 8th inet, and will contiue, until farther notice, Returning, will leave Charlottetown every Thursday, at 12 o'clock, noon.

For Freight or Passage apply to ; CARVELL BROS, Agents,

ee

“STEAMERS |

Chow, April'10, 1871, tf

General A

Iam prepared to SELL THEM at RATES | AS LOW AS CAN BE HAD IN THE Creer,

senate anattiaiariea Kanda fake

POWNAL \URSERY,

Fruit & Oxnamental Trees, &c.

(FUE Subscriber will offer for Sale, in their proper season, the following

Frvuir Trees!

800 Grafted Apple,of 7 different hardy kinds, | at 24s. per doz. a part of which are from)!

Cornwallis, N.S; 50 Crab Apple Trees,at 3s. each ; 1000 Uvgrafted or Seedling Ap- ple, raised from the Baldwin Apple Seed, These are sure to be hardy, and we have no reasen to doubt but they will yield, fruit, after thoir kind, are from 5 to 7 feet high ; sold at 10s to 12s. per doz. 300 Large Biue Plum Trees, and a few Green Gage, as good as can be had on the Is!and, ds. to 12s, per doz. A few dozen Red Cherry, Is, each; 500 Black Currant Bushes, 5s per dozen,

ORNAMENTAL! 700 Lombardy Poplars. 68. to 9a ner dozen T expect a few dozen of Oak Trees.

GARDEN & OTHER SEEDS!

A'so, a large variety of different kinds g yo of Seeds, suitable for Market or private Gardens. (See Catalogues of Seeds and Treas),

The above will be offered for eale at the Sub- |

scribar’s, and at his large Doub!e Stall inthe Market House, Charlottetown, on Market Days.

Orders sent will be thankfully received and attended to

In regard to Cabbage and other Plants, i am making preparations to supply the Mar. ket boxed as last year, having 20 Ibs. of select Seeds in reserve fur that purpose.

~

EGGS.—I will pay the Highest Czsh/

Price for any number of Eggs,at the Market |

House. JAMES. J. GAY. Powna! Village, Lot 49. April 20, 2871. ‘

eS

TO ALL PLACES IN

2 | obtaining Retveshments for themselves, and | Canada, Western States, California,

ete., May be had at lowest rates, on application to F. W.. HALES, Steam Navigation Company's Office, Lower Weter Street. Ch’tow», April, 24, 1871.

Salic! ssalt! salt!

10,000 bushels Cadiz Salt. HE Subscriber offers FOR SALE, im-!

me -iately on arrival, in lots to suit pur- | Fron

chasers the Cargo of the Brigantine Katie, now on her way from Cadiz, GEORGE W. HCOWLAN, Cascumpec, April 3, 1871 bsj2m

COTTON WARPNS. ROM NEW BRUNSWICK COTTON MILLS.

9 Bales Assorted Numbers in White and Colored,

FOR SALE by CARVELL BROS.’

May 1, 1871.

495%,

RED SETTER DOG, slightly lame,

auswers to the name of ** Bran,’’ Who-

ever brings the same to Government House,

or gives such information as may lead to his recovery, will be handsomely rewarded.

Private Secretary’s Office, : April 17, 1871. AT Queen Square Furniture Store!

_ . 5 . Children’s Carriages, At a discount of 20 per cent from usua! prices

JOHN NEWSON.

April 24, 1871.

NEW YORK FLOUR DEPOT,

Spring Importations.

UST LANDED ex Schooner “ M. E. Mac- Lean,” from New York—

670 Bbls. Flour, (fresh ground,) 50 Sides Heavy Sole Leather,

which will be soid

CHEAP FOR CAS8H-

WM. McGILL. Ch'town, April 24, 1871.—1 m

AUCTION SALES

PUBLIC LANDS!

TENHE Commissioner of Public Lands will,

on THURSDAY, the 8th day of June next, at L@ o'eiock, a. m., on the spot, offer for s: le, at Public Auction, by the lot, thé whole of Cascumpec Point, comprising about 250 acres of excellent land, leid off for a town. and subdivided into J50 Lots, eontauin-

acres each. : same to be seen at thi: Office, and at the

office of the Hon, G@. W. Howlan, Alberton.

Purchasers will find in this property a | valuavle investment ; it being situated in the ‘barbor of Cascumpec, surrounded with good

| water privileges, and in theimmediate vicinity

‘of ths terminus of the trunk line of railway to be conetructed through this Island. It as eligibly situated for business, and, judging from the rapid growth of Alberton and the further contemplated facilities of commani eation, it is destined, ere long, to become a tuwn of considerable importance. : Teamsor Save —Twenty per cent. deposit, and the balance payable in three equal anroal ‘jnetalmente with interest. paid yearly. FRANCIS KELLY, Com’r. i till 8th june.

| Lend Office, |. May 11, 1871.

Wwertisements, |

| Travk Railway, Montreal

i Hon L. Holton, late Minister of Finance, Moutre- !

iJ. L. Beaudry, Esq , Mayor of Montrea!. Edwin Atwater, Esq., Firm E. Atwater & Co.

ing an area varying from two reods to three | According «o the plan of the-

| SUPREME COURT. |

|

Jusurance,. Important Civil Suit, respecting the

| The Travellers’ Insurance Comp'y,| Right of Way and alleged Obstruction |

THE CITY CORPORATION Vs. J. S

‘Cash Assets - ~ - -- $1,600,000. CARVELL, EsQ.

| eae ’

Grants everything desirable in Rar OR Oe Aas ey ARSHALL FLYNN; ane ST at ait APPELLANT, DANIEL DINN, LEE & ACCIDE NT NSU RANCE ON THE MOST FAVORABLE TERMS. An Appeal Case from the Mayor’s Court

to the Supreme Court, j Accident Department. | (coxtaxveD.) |

IV HE Travellers’ Insurance Company, in its i ne enone S aceruaianamioes Friday.—Cause continued. nsarauce Company, granting police 1 a: :

against Death or wholly Disabling Injury by Ac- | at ll o clock, a.m, His Honor Judge Hens-| cident te men of all trades, professions, and oceu- | ley presiding. putious, at rates within the reach of all, It in-| Hen. E. Patwer addressed the Court, and

' $ 1 0} . . . ls : . sures against or ean Se wiceidents | said he must ask its permission to re-cail aj 18 nobody’s business, and, unless the public | from the use of tools ad implemetts, accidents |. :.. ce . wid a have som to pr : . that occur in the usual and lawful avocations of | witness to give some tcrmal testimony as to ebody 0 protect them, in a few years

life. us well as accidents by travel. | the publication of tha Bye-law referred to, General Accident Policies ure written for aterm | and to the manner of ite being agreed to by of one to twelve months each, and insure a sum of | the City Corporation. o: > oe ee - re $3 JupGe Hensizy.—The case on the part of » PoU weekly tnde y 10 rROUY wa - : jury by aocideht, not to exceed twenty-six weeks i the Respondent having been closed the even- for any ohe wecident, at an annual cost of $5 to; ing before, 1 would like to know particularly $10 per thousand for occupatious not specially | the purport of the testimony proposed, before hazardous. Hazardous risks taken at higher or] the rule of the evidence can be departed : aati | trom, Life Department. | Hon, E. Palmer.—It is merely to prove the In i's Life Department, the Trave‘lers grants | pyblieation ot the Bye-law in @ public news- full Lite and Endowment Policies, embracing the | 4 er also in a yamphiet form, and the en- | best features of the best companies, but without | F per, : } t we » “mer b the complications or the uncertainties or the note | tries In the Corporation Book, showing the isystem. It sells Insurance rather than fature| members of the City Council present when |“ dividends.” Its contract is « plain one, its secu-| the Bye-law passed. Mr. Macgowan, the lrity isample and unquestioned, and its rates ‘ft! City Clerk, left the stand yesterday without

ate ; ocine ly low. It prefers to do | ‘ , premivm are exceedioyly low. It pref ide | ee sj oh ; | Peenete cnn cok MAMceAa tes pices ies pater: | Snare being formally proved. Tt was

| holders advantages hot attainable under tse eredit | mere inadvertence. He had the Gazette with system. ‘ him, and the pages marked in the City Record cree sysiem, the favorite low rate cash} Book but wes not particularly interrogated an. "™* s All policies non-forfeitable. Its ten, fifteen and us to them. 1 his evidence has but little to do twenty year policies can be converted into Endow- with the merits of the case, and should not be ments, at the option of the insarant. This feature | excluded on mere technical grounds through is Original with this Company. : the inadvertence of counsel or witness. He ey. i he administration The Travellers’ farnish everything desirable in pressed it in furtherence of t alg iis either Life or Accident etetaiie a lus issued of justice. It would work no eon to the | 215 000 general accident policies and Paid Four- appellants, and would create no material delay teen Thousand Claims for death or injary by ac-|in the hearing of the case. There was no cident; the amount thus returned to policy holders}.gjo of law which arbitrarily excluded it. averaging ubout Seven Hundred Dol are a Day for Provision was even made by a late Island Act ever’ working day during the past seven years, te In its Life department it has written 11,300 po- of As-embly to adjourn @ cause when partly licies; and its Low Rate Cush Plan is steadily | tried before a jury, when the ends of justice growing in favor with the insuring public. required it. The business of the present term se lll was 1 0t pressing—there was ample time to Example of Life Rates. grt thiqngh the; whole... Jt..es mot; like abe The holder ef a policy for $4000 will pay an an: | assizes in England, where a large amount of | wual preming of $70 20, which will cost iu most) business had to be dispoeed of, and the Judge other companies very nearly $90 Hence the ae- had to close the Court to proceed to another Cuunty. The matter was one parely in the diécretion of his Lordship, and he hoped there

sured can secure in the Travellers a Life Policy tor over $5000 for the same annual premium us would be no further objection offered to its

charged by cther companies tor only $1000, and the insurance take effect from date of policy witb-

out wailing for bonus additious, which are uucer- : ae

tain, and at best require the asrured tu havea being received. 3 guarautee of life for a number of years in urder to He then proceed to argue that before he realize. re; led to the especial points of defence urged

on bebalf of the appellants, he deemed called on to answer that charge thrown out by their | learned Cou: sel, to the effect that the prose- cution was one of those kinds which too often proceed from an envious and jealous dispos - tion aga‘nst individuals who embark in useful commercial enterprises, and doing much bet- ter than their neighbors, and therefore sought to be put down, This was certainly a most il!-chosen accusation, and, looking at the motives and objects of the parties concerned, muet retort very strongly on those who have made it. Even the City Corporation, whom the learned Counsel bas repeatedly charged as being the prosecutors, have no interest in the question really at i¥sue here, which is that of the publie right to a common highway. The City owned Pownal wharf, and, he believed, claimed along the west side et it a certain | sirip of the shore, a8 an easement over which,

Halifax Board of References:

Hon W.A Henry, Mayor. A. Uniacke, Feq , Custos. S. Lobin, Esy , Ex Mayor N Clark, beq., Clk. Peace. G. Paylor, Exq., Sup. N.s. R. James Scott, keq., Merchant. E, W. CLipman, Esq , do W. N. Wickwire, M. D., Medical Referee.

| —-- Canada Beard of References: iC. J. Brydges, Esxq,, Managing Director Grand

|W. K. Muir, General superintendent Great West- ern Railroad, Hamilton

ale Hon. ‘Alexander. Campbell, Commissioner of | Crown Lands, Kingste”. .W M. McMaster, M. L. C., Firm McMaster & Nephews, Merchants, ‘Pvconto | William Workman, Exsq., Presideut City Bank,

Moutreal. : : ; Hugh Allen, Esq. Firm Hugh & Andrew Allen, | and occasionally grounding on which, vessels General Merchants and Agents Moutrea! | rizht lie while using the wharf; but this was

Oceah Steamship Company. Montreal. not the right now contended for; on the con- trary, it was thatof the public in all directions, whose interests, perhaps, might come in com fret with the City wharf rights as well as with Mr. Carvell’s, and the question was, which was to give way, Mr. Carvell, or the hundreds whose aaily access from the river to Pownal Street especially in winter, was at- tempted to be effectually stopped? These conflicting interests were not new to the law, and to show how they were looked upon in the English Courts of Justice, he cited a case, he said, was very analagous to the present, where the law was laid down by the late Lord Derman, Chief Justice of the Queen’s Bench, in Kngland; it was the King os. Ward, 4 Ad: and El. 2 B. Reports 384, a prosecution in- stituted against the defendant for a kind of causeway projecting into the side of the river Medina, Cowes Harbor, Isle of Wight, ex- tended by the deferdent from private property of his own. It was to facilitate the landing of passengers who wanted or had to cowe up a

Merchants aud President Citizeus’ Insurance Co., Moutreal Henry Starnes, Montreal. James Jolmson, Esq, Ex-President Provineial Exhilitien, London. Applications for Life or Accident Insurance are respectfully solicited. J. D. WELLS.

General Agent for Maritime Provinces. Office in Weleod'’s Buildings, No. 114 Hollis Street, Halifax. 3m.

COOPERS. ¥ TANTED, at the Hiilsborough Mills 20 Coopers, To good, steady men employment willibe given fur the winter, and liberal wages paid, either by the day or for

plece-work, CARVELL BROS. 1870 tf

Esq., Manager Ontario Bank

Dee, 7.

Now, let me ask, continued Mr. Palmer. Which party it is here who has self interest in

view ? Is it the city authorities of Charlotte- towa who are struggling in a speculation for money making ? Is it the public whose scores —tbose hundreds of people living at the South

winter ; is it this party who has the mighty dollar at stake, or is it Mr. Jedediah Carvell,

[said at the outset that alarge class of citizens are here interested. It is used in winter as well asin summer, and it is indis- pensable in a North American climate to pro-

Court opened | tect those thoroughfares so common to travel; 4

on in winter, I repudiate those reproaches thrown out simply because they evince some little feeling. What is every body's business

they will wake up to see that they have lost their rights by those who have stolen a march upon them, Because the Uorporation have expressed their opinion regarding that which they could not overlook, and therefore, gave orders that it should be pulled down, as it was & nuisance—certainly prima facie. I say these are no grounds for accusing a Mayor of moral turpitude. I shall not allow these re- murks to pass over, for they are uot calcula- ted to do any good, and the learned Counsel apparently endeavours to persuade himself ard others that it is for the paltry fine of 20 shijlipgs, we are interested in securing.

there is—as they have admitted—a right-of. way there—then it becc mes a question what is the width of that.

JupGe HensLey.—They, the appellants, pre- teud to suy they have not gone beyond a cer tain mark.

Mr. E Patwrer,—I want to know in the question of damages what is necessary for us to show, or whether it is necessary for us to wait tilla wituess proves thet he has been scratched on his shins or lost an eye,

Jouver Henstey.—As for public damages I don’t think it necessary to go into that now,

Mr. Pavmger then proceeded to reply to some of the legal objections taken by the de- fendant’s Counsel. ith regard, he said, to there being vo damages proved, the law, in a criminal prosecution for a nuisance to a pub- lie highway, did mot require damages to be tigen (Mr. Hodgson—No specific damages.)

© the learned Counsel require us to prove that some person, in endeavoring to squeeze through this very spacious gap which the de. fendant has considerately Jett for the public, has torn his clothes or scratched his face against the pointed ends of the brushwood? Vertajuly one or two of our witnesses have proved that a single individual could hardly squeeze through it without injury ; but never- theless specific injury is not required in proof,

JupGe Henstey.—As for damages, I don’t wow think proof of them necessary, and do not intend to stop the case here.

Mr. Palmer contended that the witnesses had proved that the obstruction complained of projected several feet across the street line, towardsthe wharf. It did not signify whether 6 feet or 6 inches, either would be a material obstruction in the spot in question, Mr. Car- vell's Counsel had, so far, conducted his de. fence a8 to admit that a right-of-way had to be left to the public at this particular place Now . let us suppose if the public had, through length of time and great thoroughfare, gained a right-of-way through an old gate-way, only 8 or 9 feet wide, limited by twe immovable granite pillars on eaeh side, which was just wide enough, but no more, for nearly ali business treftie, aid the adjoinmy owner of the soil was re-adjusting his fences in that place, and projected an upright post 8x inches beyond one of the side pillars, and insisted, of right, to keep it there, which wou'd thereby prevent loads going through, which before could Lave done so, would not this six inches be a mostamaterial obsiruetion in such a place, if alowed. The same would be the case in the gap now im question—if six inches of ob- struction, and no more, be proved, it calls for the interposition of the the law to abate rt, thougl!. in itsclf small, a vast inconvenience in that particular place, already too small, So here the maxim—‘ de wiuibus lex '—wonld net apply. Mr. Palmer then touched shortly or two or three other legal points, to shew their inapplicability to the real question at is- sue, and that thee were no grounds for non- suit, and concluded by contending that in @ case where the inerits of the prosecution were so substantially proved, ard the public right- of-way so clearly established prima facie, at least that the Court ought to call upon the defendant to go into the merite of his case, and to bring forward what evidence he bad to support it.

right ot way through an Inn, which was the

defendant’s property. One of the defendant’s | witnesses (a captain of @ steamboat) even stated | that **He considered the alteration a great | benefit to the’ public; first, in launching and

landing boate more readily ; secondly, steam-

boats (and, of course, other vessels) could ap-

proach where they could not; thirdly, vessels

obtain shelter from the quay ;” and these re- sults were hardly disputed on the part of the

prosecution. In arguing the case, reference

was made to the authority of Lord Hale,

whose declaration of the law on this subject is as follows, viz:—

“ All nuisances and impediments of passa- ges of boats and vessels, though in the private soil of any person may be punished by indict- ments,”

Reference was also made to the case of Rex, vs. Lord Grosvenor, 2 Stark : N. P. C., p. 448, a prosecution for building a wharf out into the river Thames, under the authority of a grant from the Corporation of the City of London of a part of the soil-of the river between high and low water mark, which wharf, notwit - standing such authority and claim of right was held to be a nuisance. Reference was also made to the case of Rex vs. Russell, C B. O C, 556 (in which the law was expounded as admitting the question to depend in a good | measure on the question of advantage or dis- advantage of the erection to the public) which iast mentioned case is not now approved ol, but its law doubted by more modern Judges. lp the case I cited, continued Mr. Palmer,-- the King vs. Ward—Lord D-nman observed | as follows: “And I must say that, if the ; violation of rights which belong to any part of angele eegekcniaggs the public is ‘to be viudieated by the Konete And a Handsome Assortment of which may arise to another part of the public oN | elsewhere, we are introducing inquiries of a BARE a 24 W ARS | most vague apd unsatisfactory dn and ofall descriptions, to be sold Cheap, Wholesale | exitering into speculations upos which no jury . and Retai’, can be properly expected to decide.”’ But J. LaLACHEUR. (there is another part of Lord Denman’s de-

Old Stand, Reddin’s Building, Queen Street, cision in Rex vs. Ward, which comes still

Summer Arrangement, STEAMER

HEATHER BELLE

EAVES MOUNT STEWART BRIDGE every TUESDAY and SATURDAY morning at SEVEN o’clock, returning same days about THREE, P. M. Leaves Orwell Every THURSDAY and FRIDAY morning at SEVEN o’clock, returning same days about THREE, P. M. , Leaves Charlottetown for Crapaud Every TUESDAY night or WEDNESDAY morzing, according to the tide, returding same day. By order, F. W. HALES, Secretary Steam Navigation Co. Ch'town, May 8, [87].

Cheap China and Earthenware Store,

JUST RECEIVED FROM ENGLAND, A LARGE ASSORTMENT OF Dinner Sets. China Sets, Stone China

Jupvze Hens sy.— The rule laid down in all the cases is that the admission of evidence, atter the Counsel bave declared the case closed, is a matter left to the discretion of the trying Judge, and in this Case, as it was evi- dently inadvertance on the part of the Coun- sel, I will allow Mr. Macgowan to be re- called.

Poter Macgowan called, and re-exatained by Mr. E. Palmer, The Royal Gazette is published by authority. The City Bye-law published in the Royal Gazette 4 order of the City Council, 1 got this from Mr. Haszard’s Records, passed May Ist, 1856. I have also seenit pubtished in that form in the Oity Bye- jaws. Itis published in @nother manner in the Royal Guzetie. {J bave seen them pub- lished in the City Library, I have seen it in the Law Courts previous to to-day. The last entry in the Mioute of the City Coune] is that the engrossed law be read the third time. At the passing of the Kye-'aw there wene eight members present, with the Mayor. At the next meeting there were eight members pre- sent. Mr. Haszard published them in a news paper— Haszard s Gazette.

Cross-examined by Mr. Hodgson.—Will you undertake to say that the copy printed there is the same as that which went to the Lieutenant Governor for his approval? It appears.minuted there in the or I betieve them to be the same. I presume that the Bye-law which passed the Council is the

The very theory of the case is this, that |

lin whieh the Mayor who sat as Judge had &

pecuniary interests, and 1 have seen a Judge

| view—on whose side it is that personal gain of the Supreme Court jeave the bench where | aud sinister motives stand most prominent in your Lordship now sits, when on one occasion

|@ case came up in which he was interested. | To witness—I want to know if zou did not | concoct a notice which you tried to get the Clerk of the Executive Council to sigo?

Shore, West River, Lot 48, Belfest, &c., who Witness—There was a paper prepared, but | are proved to have used this right-of-way into (on comparing it with my book, the paper I jand out of Charlottetown so continually in | had prepared did not exactly corres

d with |the original, I made another one to make it | more explicit or clear, Mr. E. Pa_mgr.-—My learned friend thonght of finding @ mare’s nest, so now I suppose he is satisfied, | Mr. Hupcson —Opened the ease for the jApellant. He said:—In opening this cuse My Lord, I have to say that it is one of ex- | treme harshness on the part of the City Cor- |poration, who have shown an utter disregard |to the rights of property, and who with un- , paralleled violence Lave destroyed tue breast- work erected upon the land of my client. It \does seem strange that when we see City ye-laws violated with impunity in the very face of that, the Corporation should single cut my client whose only crime is that he is,with a \spirit of enterprise, spending capital and | giving labor to the peopie. The City authori- tes, instead of extending avy encouragement, jare tbe first to recklessly end lawlessly tear down his property, The first notice my client | bad of the intentions of the Corporation, was the appearance of an armed band destroying the breastwork which was erected within the line of the Steam Factory. Net satisfied with this, they had Mr, Carvell’s workmen sum- moved and brought before the Police Court, where the City Council were the Judges. They were the originators of this prosecution, the prosecutors themselves, thea constiiuting themse'ves the Jédgre in their own case, we are surprised to find them imposing the ex- tremest fines “pee the appelianta in this case, who were the hired servants of Mr. Carvell, and only in the exercise of their legitimate labor, Instead of bein, the protectors of law and oroer, we find the Vorporation to be out- raging the rights of private property. I will dispose of the flimsy evidence given here that the breastwork extended beyend the live of the street. I will thea prove conclusively that it was within the line of the street, and that it is built further out now (than it was at first. The claim which the Corporation set u that the river frozen over is to be conside as one of the Pity seamen under their control, is unfounded. © provision in Statute 29 Vic, 30th chap., is that the Hillsborough when frozen shall be considered a street of the city, subject to such Bye-laws as they may pass; and no Bye-law has been made siuee the passing of that Act. They seek to condemn us under a Bye-law made ten years before, It never was the intention of the Legislature that the then existing Bye-laws were to be extend- ed to the frozen river; if such were the case, the most absurd consequences would ensue, For instance, there is a City Bye law to pre- vent furious driving on the streets, Will any one contend that this gives the City authori- ties the right to prevent such driving on the River as far as the harbor’s mouth, There is a Bye-law to prevent persons loitering ov the streets, but if the river is a street under all the existing Bye-laws, the boys who catch smelts around the spring holes could be fined. Again, if the streets of the City were covered with @ glare of ice, persons would not for moment be permitted to sail boats through them ; it would beclearly illegal, But if the harbor 13 a street, then it must be illegal to to do so there also. The object of that | Statute was to give the City a jurisdiction on the river, where before they bone, 80 that pers acting illegally could not make the varbor a city of refuge trom the Police cons- tables, but it was to be eudject to such Bye- laws as should thereaiter made, and no such has ever been paseed. No! the refer- ences are utterly inapplicable, and the City authorities have oly a limited jurisdiction, and of that they never aveiled themselves. I will next prove to your ip that the Breastwork did not extend upon the line of the street, and that the proof given here to that effect was not only flimsy, bat foolish, How absurd for the City Council to atiemptto prove an important matter of this kind by an eye live, Mr, Ball took his observation from Rankin‘s House, but I will show that Raakin’s house is inside the correct line by the plan sup- plied hy the Corporation, The proper mode of making @ survey i from on re driven into the centre of the Streets, We will prove that the Breastwork, when first erected, was two feet further west, than it nowis. The present Breastwork ie nearer the street, be- cause when Mr. Carvell saw the lawless man- ner in which the Corporation attempted to destroy his property by brute force, he reselv- ed to come es near the line of the street as his title warranted him in doing. We can prove that Merry and Gorm false evidence in saying they measured the distance between the wharf and the Breastwork, and can show that in the Police Court they actually swore that they did not do sv. Next we will prove a good title to the pro- perty at the west end of Pownal Street. Is was formerly owned by the principal officers of Her Majesty's Ordinance Department, and by them conveyed to Mr. Purdy, who never re- cognized the right of the public to trespass upoo his land. He put obstructions in the way, and built a gridiron for vessels to lay at. The vesseis touched the wharf, and the pas- sage was impassable, There was @ steep bank there, and he made a way there for his owa convenience. His rights were not dis- puted, and is title is transferred to us as far jout as the channel. We bave the most per- \fect and best legal right to hold it, until dis- were: of it by a jury. Everv one holding d near the shore bas the same right The ewner bas the privilege we encroath wyox the \gea, and it is not in the power of any two | Magietrutes to prevent him; @ jury alone can ‘do tt. As to an easement, that is an interest ‘in Jand which an inferior jurisdiction és in- |competent to try. But, my Lord, there is | another right-of-way which this very Corpora- | tion have stopped, The wharf has two sides, and they have erected @ barricede ten feet | high, *atbout rhyme or reason, apon the pub-