“-

——- —_- er denen aetna re

Supreme Court-—Prince County.

Henry B. Weisht va, Michael Kilbride —This was an action brought by the plaintiff woo i an Attorney of tie Supreme Coart, i the ameunt of » bill of costs, and being un defended, a verdict for $66.33, wae found for him.

Merchants Bank of Halifax va Malcolin Me Kinnon, an absent debtor, Verdict for 8669, 1) Hedgson for plaintiffs,

; recover

Alecander Si ng vs John Trainor an absent debtor. -Verdic for $246, 72, Hodgson for plaintiff.

The Queen on the prosecution of John Henry Graves ve. Philip Smtth.—Indictment for larceny. The ‘trand Jury found a true bill, and the prisoner on being arraigued, pleaded guilty.

The (Jueen @. the Graves wx Philip Smith.—Indictment for larceny. The Grand Jury brought in a true bill, and the prisoner pleaded guilty, and was committed to Jail. c

Thomas Kelly vs. Thamas RB. Hall.— Judg- ment confessed for $100.

The Grand Jury again brought a present- ment against the Railway Station in Summer- side, and were then discharged.

Hugh Ramaoy vs. John D. Reid, James A, Reid, Albert L. Andersonand Wm. Burrows.— This case way called on for trial Tuesday morning. Itiaan action for false imprison- ment, and has beenin eourt nearly three- years.

The facts as proved in evidence are as fol. lows: The defendants, whe are ene of the leading mercantile firms in Summerside, re- covered a judgment in October, 1877, in the Supreme Court against the plaintiff, for $293.52, and that judgment remaining un- satisfied they issued executien against the plaintiff, under which he was arrested and eommitted to Prince County Jail.

prosecution of Arabella

.

The present plaintiff then brought this ae- tien to recover damages for his imprisonment, and the defenlants justified under the above execution. This plea the plaintiff answered by saying that tue execution was void, in as much as it was sealed and delivered by the Prothonetary to Mr. James W. Howe. the defendant s Attorney in the original suit, in blank, withou having any dale, the names of the parti-s, or in fact any thing whaiever, and that these particulars were afterwards filled in by Mr Howe, aod then delivered to the Sheriff of Prince County; and also that no praecipe (that is an order for the writ} was ever fvled with the Prothenotary, by reason whereof the ex- ecution was void.

The objected te these anawers, alleging that it was _perfect- ly legal tor the Prothonotary to seal and deliver executions in blank, and that the filing of a pracsipe was not essen- tial to its validity. This question bein sy é legal, was argued at length before the all Court in Michaelmas Term, 1878, and the Court having taken time to ceusider, decided that the Execution, if issued in blank, was absolutely void, and in any case that the praccipe was necessary befere it could legally issue. From this judgment the defendants’ appealed to the Supreme Court at Ottawa, but before it could be heard an act was passed by tlie Dominion Parliament prohibit- ing appeals ef this kind, and the appeal was dismissed without having the soundness of the judgment of eur Supreme Court tested. The effect of this judgment was that if on the trial of the cause the jury found that the Ex- ecution had. been issued in blank, as above, and without a praecipe having been first filed with the Prothonotary, a verdict must be found for the plaintiff, and it was to try these questions that the jury were impannelled on ‘Tuesday.

Some difficulty was experienced in getting a jury; and, as a consequence, there was some sharp shooting between the counsel on both sides. Theo evidence for the plaintiff was all in by eleven o'clock Wednesday morning. As the defendants’ declined ta call any evidence, the plainti!f's counsel contended that as they did not address the jury, the defendants’ had noright to. Judge Peters ruled that the de- fendants’ having called ne evidence were en- titled to the general reply. Mr. Palmer then addressed the jury on behalf of the plaintiff for about forty minutes, and was followed by Mr. Hodgson for the defendants for about the same time

Judge Peter's charge to the Jury was short but to the point. He said they had only two questions to try—Ist, was the Exeeution is- sted in blank? and, 2nd, had a precipe been filed? That they had nothing to de with the damages, as the right to recover them was taken away by an Act passed last session. He cautioned the jury to pay very little atten- tion to the addresses of the counsel on either aide, as they had brought in a great deal of matter that had really nething to do with the questions at issue, and which was liable to misléad them. His charge leaned strongly in favor of the plaintiff's contention that the ex- ecution had aot issued in blank ; that it had been issued without a praccipe was admitted hy defendants, and he said that the evidence was almost irresistible in sustaining the plain- tiffs contention that the writ had been 40 isgued. He commented strongly on the fact that Mr. Howe, the attorney whe issued the execution,jand who knew all about it, was present in court during the whole trial, and was net called by the defendants to eontra- dict the plaintiff's testimony. and said that the presumption of law was that he could not do so.

The jury, after four hours’ absence, found that the execution had been: issued in blank, bat that ne praccipe had been filed for it.

The Judge thereupon ordered a verdict for ten cents damages to be entered for the plain- tiff.

There are a large number of law points re- served to be argued before the full court.

F. Peters and Charles Palmer, Q. C., for the plaintiff; L. H. Davies and E. J. Hodg- son, Q, C., for the defendant.

_— +7 ie

def eadants

A Fact Worth Knowing.

Are you suffering with Consumption, Coughs. Severe Colds settled on the Breast, Preumonia, or any disease of the Throat and Lungs’ If so, go to your Druggist and get a bottle of Boschee’s German Syrup. This medicine has lately been intioduced from Germaay, and is selling on its own merits The people are going wild over its success, and Druggists all over our country are writing us of its wonderful cures among their customers. 2,460,000 samples have been given away free charge. If you wish to try its swperior virtue get a Sample Bottle fot 10 cents. Large

size bottle 75 cents. Three doses will reiieve Try it.

any case.

S$} Hata,

‘

ee et ee ieee ee ate

EUROPEAN.

Dorin, Oct. 5,

West Meath, ip search of artas.

Sunday at Nehill, in the County Leitrim.

Arms are largely bought and freely imported ae The manager of one of the establishments in Dublin states he has sold

in many quarters,

1.400 rifles within a short peried. In Belfast

tiemington breech loaders are advertised for sale for fifteen shillings, and in small conntry towns, especially in the West, there is a brisk

trade in Suiders.

A. process server was murdered in Ireland Une arrest bas been made so far

on Friday. In connection with the crime. Lenvon, Oct. 5.

Parnell addressed a meeting of 10,000 per-

sons at Kilkenny on Saturday. Nine mem- were present. as sufficient information was collected the Land League would organize a great strike against paying rent on estate of every rack. renting landtord.

UNITED STATES. Cuicage, Oct. 5, A contract has been awarded fer a monu- ment to Geo, B. Armstrong, founder of the

railway mail service. The memorial, which is erected by the clerks in the service, will be

a New England granite pedestal surmounted |

by a standard metal bronze bust high.

five feet

New York, (ct. 5. The British bark Trongate has been seized by U.S. Marshal Harlow on the suit of the owners of the steamship Anglia for $205,000 damages by the sinking of the Auglia at sea by collision with the Trongate, New Haven, Conn., Oct. 5. Of 142 towns heard from 75 were earried by Republican, 55 by Democrats and 12 evenly divided. ‘here are but few changes from last year. Democrats claim a gain in aggregate. Local issues predominated in most towns aud the result has little significance politically. ~2>-e.

Specia! Notices.

A Frew tubs good Butter wanted at the Family Grocery. —R. K. Brace. ocd

Cuotce Quince just received and for sale cheap by W. I’. Carrer, 4i—oct2

Bearer & McKenzie are showing a fine assortment of English and American Felt Must be sold. tf—ect2

A LARGE assortment of Hyacinth Glasses at the *‘Agricultural Stere.”—K. May.

octl—3i

New Millinery, handsome flowers, feathers, trimmings, silks, ribbows, hats, &c, at W. A. Weeks, & Co's. tam ly you want your stoves, and stove-pipe fitted up. leave your orders, with C. F Harris at City Tin Store, upper Queen st., and they will be promptly attended to. (sept 22, tf.)

Swerr Brier Cigarettes with crystal mouth- pieces, at Rusin & Hart's, {sel8 ‘THe cheapest and best Note paper, Envelo- pes. Velvet Photograph frames, Toys. and Dolls of every description at the Agricultural Store.—R. May. (sep. 21, tf) Tue people all say they never saw such nice Boots as Boreham has. s25 lm oaw

Smoke Rubies, fora mild and cheap smoke, from Rupin & Harr. [se 18

THe best tine cut smoking tobacco in the Province is ‘‘ Prince Arthur,"’ and only sold at Rupin & Hart's. {se 18

Cuew Mail Line Navy from Ruin & Hart’s, {se 18 New Mantles, Paletots, Dolmans and Ulsters, London made, in a great variety of styles and prices, Just opened at W. A. Weeks & Co's. sep 29 wim

ln eee te ee

MARRIED. At St. Joseph’s Church, Boston, on the 28th ult., by Rev. Father Wheoley, Mr. Franx DovGan, to Miss Saran A. McCarruy, both of this city.

SHIPPING INTELLIGENCE.

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eee ene eae

Halifax, Oct. 4.—Ar schr Mary A. Smith, of LaHavre, bound for P. E. Island.

Oct. 5.—Sld S. 8. Edgar Stuart, for P. E. Island.

Pictou, Sept. 30.—Cld bark Hilda, O’Brien, Liverpeol.

Philadelphia, Oct, 2.—Cld sch Edmund, Burna, for Charlottetown.

Port Mulgrave, Oct. 4.—Ar schr Princess Alice and Blooming Dale, St. John’s for P KE 1; Cepola, Summerside, for Barbades; Mar- garet Ann, Pictou, for Leckpert ; Ellen, Pic tou, togs fer Railway.

Sld Uct. 3, brigt Vesta, for P FE 1.

Passed South, tern schr Georgie Shepard. Bristol, Sept. 18.—The Isabel, of Charlotte- town, arrived here frem Ingonish, N 8, (deals) had lost decklead, Sept. 16.

a

HOTEL ARRIVALS.

OSBORNE HOUSE.

Oct. 6.—Malcolm Matheson, Bradalbane; Fred W Hyndman, Waterville; Mrs Stevens, Halifax, N 3; Montague Stevens, Orwell; J MeGregor, Newton; A McLeod, Alberton; A J McCallum, Bedeque; Capt. R W Cunning- ham, Antigonish.

ROCKLIN HOUSE,

Cape ‘Traverse; Wa Laird, New Glasgow; Capt Peter Murchison, Point Prim; John M Dixen and wife, do; Thos Tayler, Mt Stewart, Miss Laird, New Glasgow; E C Goodin, Baie

Hants, N 8; Rev A McBean, Halifax; Amos McWilliams, West Cape.

~ ———

——

MACLEAN & MARTIN ATTORNEYS-AT-LAW,

Newson's Building, Opp. Post Office,

Charlotietown, Pr. & & A, A. McLEAN. D. C. MARTIN,

June 18, 1879.—ex2aw

NEWS BY TELEGRAPH,

’ , ~ . . A large number of men visited farm houses near Mullingar, the capital of the County

A largely attended land meeting was hold

bers of Parliament and fifty Uatholie priests Parnell anueunced that as seon

Oct 6-—Miss Penny, Souris; Jacob Lefurgey,

Verte; E F Noland, Toronto; Joseph Valley, |

—

IN THE MARKET, Ieasmuce AS THEY ARE ALWAYS FRESH, ECEIVING THE GREATEST CARE AND ATTENTION in the MAKING of THEM, and WARRANTED to ii Kiep FOR ANY LENGTH OF TIME. TRY THE FOLLOWING KINDS: Bosrox CRACKER, QUEEN DROPS, Werantan FINGERS, COCOANUT JUMBLES, Svrranta LEMON, CARRAWAY TOPS, GRACKNNLLS. ICED ARROWROOT, Usrox MIXED, SUGAR JUMBLES, rattan RATIFIES, VICTORIA SNAPS, Tea BISCUITS, GINGER SNAPS.

JOHN QUIRK,

City Steam Bakery, Prince Street. Charlettetown, Oct. 7, 1880.

eee ene Set Pn Coe a GN tel eg a tee Ee Ne oe SR NE nee i

Renta nee ~ ———

THE IMPROVED SEMI-CIRCULAR

ADJUSTABLE HIP CORSET!

| 4

The Latest Novelty, The Queen of Boue Stifened

CORSETS Pretty, Attractive,

-~~AN D-—

‘ECONOMICAL.

ADMIRED BY ALL.

ee tS = |

Ne Plus Ultra:

-~¥OR —

Confort, Kase aad Elegance

caunot be equalled.

EVERLASTING WEAR, TRY ONE. |

SeLD BY

J. B. MACDONALD,

Sept. 20, 1880. Queen Street.

Se ene ee one ee ag ee ae ee ——~ - oe = eee ——— : =

ESTABLISHED 1825.

CANADA CORDAGE FACTORY.

JOHN A. CONVERSE, MONTREAL. ANUFACTURER OF CORDAGE of Every Description, including all sizes Manill

Rope, Tarred Manilla Hawsers, Lobster Marlin, Tarred Hemp Rope, Houseline }Hambroline, &c., &c., equal in quality to the best American, s@ Prices on apptication.

~ SEPTEMBER,

en ge to Sep

CHANGE OF TIME

Leaving Charlottetown FOR PICTOU.

OTICE is hereby given that on and after MONDAY, the 4th day of OCTO- BER NEXT, the Steamers

St. Lawrence and Princess of Wales

! Will leave Steam Navigation Co's Wharf at Five o'clock in the morning, in- |

i

lailering Department KING SQUARE.

E ARE NOW SHEWING LARGE

AND VARIED LINES IN

NEW CANADIAN TWEEDS, Scotch and West of England Tweeds,

stead of at 7.30 as during the summer months, By order,

F. W. HALES, Secretary Steam Nav. Co’y. ! Ci’town, Sept, 28, 80 —tf pat ne her 2i

ikea sore niente itn tenn iee S: | EAEI GREAT SALE 0 Overcoatings,

Ulster Cloths,

A CHOICE LOT OF

Exhibition Apples ! ae Aaa fe emer pag Blue & Black Worsteds.

| tinuing DAILY during the week, — 300 BARRELS APPLES, BEER & SONS. Sept. 22, 1880—2w :

‘Specially Selected last week at the | MUSIC.

~~ ee

a

| Nova Scotia Exhibition.

'Gravensteins, Greenings, Baldwins, and other | | choice kinds, direct from the best: Orchards of Nova Scotia. | | A. McNEILL,

11 Queen St., Oct. 4, 80—tf

Qusuiry OF MY CRACKERS AND BISCUITS IS : in KRSALLY ACKNOWLEDGED TO BE THE ies

7

SCO ajar ire

= ne en ee ee = eee

| TENDERS! _

TEYENDERS will be received by this De- partment at Charlottetown up to the 15th inst., for carrying 250 tous of Acadia ‘oal from Pictou to Georgetown and deliver the same at the Railway Wharf. Tenders to staté the rate per ton, The Tenders are to be for- warded to Ottawa and there opened, Address to the undersigned and mark on the outside, ‘‘Tenders for Carrying Coal.” WILLIAM MITCHELL, Agent. of Dept. Dept. of Marine, Charlottetown, ; October 4th, 1880. \ isd papers

— $$$ ee en eS

STOVEPIPE.

y : E Subscriber, thankful for past favors, begs leave to announce to the peop!e of buth Town and Country, that he is prepared to fill all orders left at his Store, with neat. ness and despatch. A splendid assortment ef TINWARKE con- stautly on hand. Stoves and Stovepipe fitting up a speciality.

c. F. HARRIS, : Upper Queen Street. Ch’town, Sept. 22, ’80-—4w eod

COAL. COAL.

OUND AND NUT COAL always on hand. Orders can be left at the oflice on Lord’s Wharf.

Sept. 18, 1980.

INSURANCE

AGRICULTURAL

FIRE

lasurauee Coy

OF WATERTOWN, N.Y. ORCANIZED 1853.

——- ee

Net Assets for Protection of Policy Tiwlders,

$1,137,549. 73.

ee eee

W. C. HOBKIRK.

Deposited with the Dominion Government for Security of Canadian Policy Holders,

$100,000.00.

LOSSES PAID TO DATE, OVER

$3,000.000.

Parties desiring Insurance on Private Reai- dences and contents, or Farm property, had better find out rates, etc., of this Time Tried and Fire Tested Insurance CoMpany.

N. B.—Canvassers wanted.

Ror. Anovus, Special Agent for the Maritime Provinces,

JAS. DESBRISAY,

General Agent for P. E. I. Ch'town, July 31, 1880-—3m :

FOR SALE! |

HREE PASTURE LOTS in the Reyalty of Charlottetown, each containing 12 acres, being Nos. 288, 302 and 324, For fur- the particulgrs apply to

;

i ' } ;

i RS, D, McRAB bas. removed her Class | : ‘ (VE to Terlizzick’s Building, corner of Queen) PAINTING, in all their different branches The whole lot MUST be sold this week. | and Ként streets, where she wishes to con- frown Model, Life, ri rane ? tinue her course of instruction for the winter. | Auctioneer, | Mrs. McRae feels confident, from her long names as soon as convenient.

eX perience in tuition, that any pupils placed in)

JOHN C. GUDLEY, Mount Edward Read. Sept. 27, ’80—lm 3taw pat ar Im

FIRE! FIRE!

ec OUT for OLD ALBION MINES NUT COAL. Best House and Smith Coal. Expected daily at Lord’s Wharf.

JAMES BROWN & CO,

Sept. 24, 1880.

rO LET. ( NE-HALF of a commodious BRICK HOUSE. containing 9 reoms (with or

without coach house and stables) situated on upper Queen Street. Possession given the first October next. For further particulars’

apply to ALEX. HORNE,

Sept 22, 80-—2aw ‘gueen Street.

GoLv MEDAL,

PAR‘, 1878.

JOSEPH GILLOTT’S STEEL PENS.

BY ALL BDEALERS THROUGHOUT THE

MRS. W. W. IRVING

S now forming her AUTUMN and WIN. TER CLAS*ES in DRAWING and

Intending pupils will kindly send in theiz

Terms, &c., made known on lication at

‘sopecnaas for the DAILY EXAMINER | her charge will obtain thorough and speedy | her Studio, City Hotel, opposite R. Cc.

the a and most Newsy Paper; advancement.

published in Provinoes, Ch’town, Oct. 4, '80—6i pd

Cathe ira). Ch’town, Sept. 11, '80—2aw tf

ss EN A PORES I,

b* seen eae

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= teehee RR 2 eee ee ee ee ee Sema £ RCS eT ae BO oe cet! CORE arr ee ee t i a , ’ j ,

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NCC TOR TCL

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