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THE ELECTION TO-MORROW.

A Meeting of the friends and supporters of HENRY LONG- WORTH, Esq., will be held in Allin’s Hall, this Wednesday even- ing, to make final arrangements tor the Election to-morrow.

Toe Dairy EXAMINER.

NOVEMBER 13, 1878.

queen a ep ne ee

TO-MGRROW !

To-morrow the Legislative Council Electors of Charlotte- town and Royalty will decide between the Local Government and the’people at large.

To-morrow the Legislative Council Electors of Charlotte- town and Royalty will decide between a government by the! people for the people, and a government which clings to of- fice and power in spite of the people.

To-morrow the Legislative Council Electors of Charlotte- town and Royalty will show the sympathy they feel with the people of this Province at large, by VOTING for HENRY LONGWORTH.

To-morrow the Legislative Council Electors of Charlotte- town and Royalty will decide whether or not it is right that any man, carrying on 2 private business, should have control of the public money.

To-morrow the Legislative Council Electors of Charlotte- town and Royalty will show whether or not the Hon. Thomas W. Dodd, or any other man, can, with impunity, deliberately vio- late the law securing the Inde- pendence of Parliament, by con- tracting for Chance’s No. 1 Glass, Register Grates, etc.

ec i i lil TEE

City School Board’s Little Bill

In another column will be found a state- ment of the financial operations of the City School Board—the Irresponsible Buard — for the year ending 30th June, 1878. We might reasonably complain of the dilatory actiou of the Board in this particular. To submit a statement on the 12th of Novem- ber of an account closed on the 30th June is, we think, fairly censurable. But all minor considerations are lost in the great fact that the Board have, in one short year, imposed upon the City a debt of no less than $12,654.05, the interest on which has to be paid by the citizens for all time, or until the principal is made up. The debt was, for the most part, incurred before the City had a single representative at the Board. It was incurred without the authority and in spite of the City Council. It was incurred without even a thought of direct reference to the citizens at large. It incurred on the sole responsibility of the Local Government-—the fate of

which will tomorrow be determined by the votes ef the Legislative

Council electors of the City.‘ It was in- curred by a-power’ which, under charter, gave to the citizens themselves the right of deciding what they shall be taxed for.

We have no space to criticize the state- ment at length, But we have one or two questions to ask :—- :

4, What was the $1,359.38 under the head of ‘‘ Miscelloneous,” spen* for’ The amount seems unduly large.

2. What right has the Board to car’, the the large sum of $943.41 to next year's ac- count? Should not the expenditure of

each year stand on its own bottom ?

What about “ That Glass” to-morrow.

~—@ 2. Ee -—-

RejvLak convocation of Port la Joie En- ecampment, No. 13, 1. O. O. F., at Odd- fellows Hall this evening, at 8 o'clock. The Patriarchal and G. R. will be

conferred. A full attendance of Patriarchs sition are said te be the reason allegec by

requested.

5

ian Saba leat SIN aS 9S a ik tel ape Fm

City Council:

A merrixa was held last evening. We regret that we have not space for a full re- port. The following statement was sub- mitted :— | Receipts and Lup nditures of Board of ed

Trustees of Charlottetown for the Schoo Year ending June 30th, 1878. RECEIPTS —CURRENT ACCOUNT.

sain annie Anns a tani eer Re Se * EMIS

Alley vs. Duchemin.

DECISION. BY JUDGE PETERS-—- sUMMARY REPORT.

tenet .

IMPORTANT

This is an application io discharge on ee varte injunction, granted by me on the Ist of September last, restraining the defend- ant from using the steam factory 1n such a manner us should interfere with the plain- tiffin the enjoyment of his house.

The case is this: the plaintiff and defend-

oO , ’ 1878. ; June 30—By Gov't loan... .$5,000 00 » Union Bank

EXPENDITURE—CURRENT ACCOUNT.

1 S75 . Fone $9—Teachers salaries $1,944 52 School apparatus 195 15 Peele 5 Es 3438 «00 Care of School- een. 5. 6. UAk 610 461 Rem 6e8 5 1a , 2,187 92 Printing and sta- : tionery & booke 33L 83 tepairs and alter- ations — East i Kent School... 157 70 Miscellaneous... . 1,859 38 Salary of Sec’y.. 458 3: interest on Cur- rent Account. . 217 12 Intereston deben- Garey... Aros’ 318 37

$8,123 76 Deduct school fees received from < country pupils 42 37 $8,081 39 $8,081 39 Amount charged to the year’s ex- penditure and surplus... ..... 8,000 00 8,000 00

Carried forward to next year’s

accoumt....... 281 39 Sl 39

Expenditure of Board of School Trustees of Charlottetown under Debenture Account.

DEBENTURE ACCOUNT.

is78.

June 30-—Furniture......-

New School Build- ing & grounds,.

33,493 12

9,155 93

Total $12,654 05 Amount realized from sale of debentures... .. 11,710 64 Balance carried

forward to next year’s account... $943 41 Isaac OXENHAM, Secretary of Board of School Trustees of Charlottetown. George McLeod, Esq., of the Union Bank, was appointed City Treasurer. Mr. D. Gordon was dismissed the office of Park Keeper, and Mr. Curtis reinstated-

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The Manufacturers’ Meeting.

A MEETING of the manufacturers of this city was held in the Atheneum last even- ing with the object of considering the best means of protecting their interests in view of the recent decision of the Master of the Rolls in the case of Alley vs. Duchemin. The meeting was well attended, all our leading manufacturers being _ present. Shortly after 8 o'clock, Mark Butcher, Esq., was called to the Chair, and Mr. Archibald White, jr., appointed Secretary. Mr. John Newson then explained the object of the meeting. He was followed by Messrs. Alex. McKinnon, Smallwood, Lea, White, Me- Lean, Duchemin, Foster and others—who, in short speeches, expressed great surprise at the recent decision of Judge Peters. By the Judge’s interpretation of the existing law it was apparent that in every case an ex parte injunction could be granted to prevent any factory from working, which might be construed into a nuisance. This being the case, there was not one manufacturer in the city who is not liable to have his establishment shut down ata half day’s notice by some mis- chievous or crusty neighbor, who may, through spite, consider it a nuisance; and, in order to more fully vent his spite, ob- tains an injunction. They then see their interests at stake, and it is time for them to move promptly to have so great an in- justice to the artizan removed. The best legal advice should te immediately obtain- ed; and, if the decision of the higher court is against them, let a bill, which will grant! reasonable protection, be prepared and pre- sented at the next meeting of the Legisla- ture. At the close, Alex. McKinnon, Esq., Esdale Foundry, moved, seconded by R. Smallwood, of Smallwood & Bovyer :—

Resolved, That the following Committee be appointed to procure the best legal ad- vice in regard to the matter in question,and report at a future meeting, viz :—

Meser:. Mark Butcher, John Newson and Archd. White, senr.

— “——---o—>

Large Meeting at St. Peter's.

LARGELY IN FAVOR OF KICKHAM. ' A LARGE meeting of electors was held at the Head of St. Peter's Bay on Friday evening. Mr. L. Doyle occupied the chair and Mr. A. Lewis acted as secretary. The meeting was addressed by Messrs. Beaton, Dingwell, Kickham, P. R. Bowers and Hon. 8. Bolger. Mr. Beaton declared himself a Grit, and the meeting was largely in favor of Mr. Kickham. It is considered by many electors to be the duty of Mr. Dingwell to withdraw from the contest in favor of the Liberal-Conservative Party. —— -<+*2r- -—--—

Lerrers to hand from Ireland state that Bishop Gillooly, the newly appointed dele- gate to Canada, is not inclined to accept the onerous responsibilities imposed upon him by the Holy See; his advanced years and the multifarious duties which would neces- sarily devolve upon him in his assigned po-

rs ; ant are adjoining owners. ‘The defendants

5 : ‘in May last erected 9 steam factory on loath... 846 3,081 39 | their property, close to the dwelling house

of the. plaintiff, who complains that the smoke, soot and cinders from the factory chimney, and the noise, tremor, and vibra- tion caused by the working of the defend- ant’s machinery, disturbed the plaintiff in the comfortable enjoyment of his dwelling.

The plaintiff, in his affidavit made to ob-

noise caused by the defendants’ machinery when in full operation, is so great, that nos only is the ordinary and comtortable exist- ence of himself and his family aterially diminished, but that his house is rendered so unfit for a dwelling that if he continued he would have to remove and find another and that the health of some members of his family has been so affected by it that they have had to be removed.

That the boiler is placed in the cellar of the factory at a very short distance from the foundation wall of the plaintiff's house ; that it isa second-hand old boiler, and is worked at a high pressure of about 60 pounds to the square inch, which is attend- ed with great danger to his dwelling house and the lives of all parties therein, as the same is very liable to explode, the etlect of which would probably be to destroy the plaintiff's home. —

Dr. Jenkins, a medical practitioner of Charlottetown, deposes: That he has been the plaintiff's family physician for ten years and in that capacity has paid frequent visits at the house; his last visit thereto being the 14th of August last.

That the noise made by the defendants’ steam factory, which is just adjoining the cowplainant’s dwelling, isso discordant that

private residence, and that he would not ¢e- cupy it as such free of rent.

bat the wife and youngest daughter of the defendant are constitutionally nervous, and he considers a noise prejudical to their health, so much so that he advised the com- plainant solely on that account to remove them to some other place, as the constaut buzzing, driving and rattling noise made by the factory is very irritating to persons of sensitive nerves.

Wim. Dodd states that he was called in by the plaintiff to see the state of the prem- ises ; that the premises were full of smoke which proceeded from the factory. That although the windows were shut at the time the smoke and soot permeated the air, rendering it very offensive to the senses; that marks of it were on the window sills and other places, seriously injuring the fur- niture. That on another occasion he at- tended when the factory. was in operation, that he went into the cellar kitchen and

was sensibly felt tle.

Thomas Brehaut states that he slept in the honse on the night of the 22nd of July last, that on the following morning early he first heard a lond noise—a buzzing, rum- bling sound resembling a heavy gale of wind, with distant thunder. He, at onec, went to ascertain the cause, and finding that it proceeded from the above defena- ant’s steam factory just adjoining the said dwelling house, he looked into the window of the said factory and found that the chief noise proceeded from a circular saw that was then in operation, dzc., &c. He con- siders, from what.he experienced, that the noise would very much interfere with the sleeping of residents in the house, and also with conversation carried on therein in an ordinary tone of voice.

On the part of the deferwiants, numerous affidavits were produced froin persons who spoke, not from what they had seen inside the plaintifi’s house, but who live in the vicinity, and who state, in substance, that they have experienced no annoyance from the factory and do not think that it ma- terially affects the comfort of the residents in the plaintiff's house.

From the manner in which 1 have deter mined to deal with the present application, it becomes unnecessary to enter into an examination of the opposing statements. I will only remark that the persons depo- sing to what they saw, heard and felt, while inside the plaintiff's dwelling, have much better means of knowing how the working of the factory affects the house and the comfort of its residents, than those persons -who have not been in the house, ean possibly profess. And from that and the high respectability of many of the de- ponents to the affidavits produced on the part‘ of the plaintiff, I have no doubt that the noise, vibration and smoke proceeding from the factory was a great nuisance to the piaintiff. But the defendants, beside de- nying the nuisance, set up a prescriptive right to an easement to convey those noises, vibrations and smoke over the plaintiff's premises.

The manner in which I intend to deal with this motion also renders it unneces- sary to express any opinion now on the va- rious points raised or the argument rela- ting to this part of the case. But one of the grounds on which it was contended the injunction must be dissolved was that the plaintuf in his bill and affidavits had omit- ted to state facts of which he should have informed the Court on making his exparte application for an injunction.

The Court in granting an injunction ex- parte can only act on the belief that a faithful statement is made; it is a rule that suspicion or misrepresentation of ma- terial fact will of itself dissolve an injunc- tion. One allegation in the com- plainant’s affidavit was that the boiler was second-hand, old, driven at a pressure of about 60 lbs. to the square inch, and very unsafe. This allegation is expressly

)him in his remonstrance. es

contradicted by the affidavit of Wm. Crouk,

tain the iajunction, deposes: That the |

the house is rendered thereby uniit for at

other rooms, and the action of the factory!

‘using your own so as to injure your neigh-

_ : 1 | who describes himself as a mechanical en- cineer of 43 years experience, and who rs that he tested if in, June last, and that it is perfectly safe with a pressure of 130 Ths. to the square inch. As there is no | contradiction to this aftidavit I must take it to be true. At the same time I notice the affidavit of John MeMillan, Mechanical Engineer, states that the boiler was built tinder his inspection, and on its completion tested by him, and that at that time it was periectly safe from explosion at a pressure of GO lbs. I must remark that it seems to me extraordinary that a boiler whose safe capacity was limited to 60, when first turned out new from the manufacturers shop, should have become so much stronger from 2} years’ use as to be now perfectly safe at a pressure of 80 lbs. This naturally shakes one’s reliance on Mr. Crouk’s accu- racy. fn this matter His Honor looked carefully ‘into the authorities, and does not think they justify him in dissolving the ir. june- tion if the remaining grounds are sufficient | to sustain it. He goes on to say :—

J haye aiready stated that I am con- vinced that the factory greatly disturbs the plaintiff in the comfortable enjoyment of

iswears

to be pretected, unless by grant or other- wise another has acquired a right to disturb it. The defendant claims such a right, but as the chances of being able to support his claims are, [ think, very doubtful, I am bound to protect the plaintiff against the annoyance until the defendants have made it appear beyond doubt that they have ob- tained the power to cause the annoyance to the plaintiff with impunity.

The loss which the defendants’ will sus- tain by having their factory stopped was much pressed on me by their counsel, but that argument is of no weight where there is an invasion of rights.

His Honor then quotci several cases where injunctions were granted; compared them with the present, showing them to be identical. He then said :—

The question of nuisance or no nuisance to others must be determined by locking—not at the alleged wrongful act alone—but by viewing it in connexion with the town or place in which the property is situated. The quautity of smoke, for instance, that would undoubtedly be a nuisance in a place like Charlotietown might be no nuisance in Bir- mingham or Manchester. So like stables factories are necessary and the ordinary business of mankind could uot be carried on without them. But is it necessary or reason- able that a person should place a steam en- gine and noisy machinery close to the wall of his neighbor's dwelling and thereby seri- ously impair or entirely destroy his com- foriable occupation of it? The maxim ‘“* Sic aultere tuo,’ ete., steps in to regulate the conflict of rights. It tells the mechanic you may build and work your factory, but it must be built far enough from your neighbor’s boundary to prevent the noise being felt in his house so as to in- terfere With the quiet and comfort which the citizens of Charlettetown ordinarily en- joy in and around their dwellings. The mechanic may say, ‘* My factory requires 40 feet.of land and I have no more. If you require me to leave an open space be- cween my factory and my neighbor’s land yon will prevent my carrying on the facto- ry at all.” The answer is the contracted boundaries of your land is no excuse for the invasion of your neighbor's rights. You shall not interfere with his comforts or deteriorate the value of his property in order that you may make a larger prolit by your own wrong. If you want to erect buildings like others in the vicinity no law forbids you. Bunt if you are desirous to have a factory which must be injurious to your neighbor if placed on your little plot of fand, you must go to some other locality and procure premises large enough to carry on your factory without its being placed in such close proximity to others as to injure them. If the circumscribed boundaries of one’s land'could be allowed as an excuse for

ber’s a person owning 25 ft. of landina city like Charlottetown, might erect a very cheap factory, the noise, smoke, and vibra- tion from which would render valueless buildings*on each side which had cost their owners thousands.

I therefore refuse the motion to dissove the injunction, and direct it to be continued until the hearing or further order, on the plaintiff's undertaking to abide by and order the Court may make as to damages, in case the Court shall hereafter be of opin- ion that the defendant has sustained any by reason of this injunction. ment it seemed to me that the best way of dealing with the case, if | did not dissolve the injunction, would be to direct the case tobe set down for hearing assoon as possible, and then thewhole matter could be at once disposed of; but on carefully examining the affiday:ts, and considering the various points that will arise, it seems to me pro. bable that an issue will have to be directed on the question of nuisance, and also on several questions of fact relating to the de- fendant’s claim to.an easement by preserip- tion. I, therefore, think that it would probably greatly expedite the final deter- mination of the case and save a great deal of expense to the parties to direct an issue at once, but [ have no power to direct an pie before hearing unless the parties con- sent.

Nici? SOIL.

Se ne obtained the Con. remove night soil from the City, co sngeinliin th guatbinlenel be dived : _ Night Soil only removed between 8 p. m. anl 6a. m.,—at 75 ceuts per hogshead,

Payment to be made only, to me.

sa Orders left at the Police Station will be prompily attended to. é

DANIEL GORDON. Charlottetown Royalty, } 3m wed & th Nov. 13, i878. ne pat m & tues

QuBsoRIBE ior the DAILY BX-

a a ewe

IPRANKSGITI

his dwelling, in which everyone has a right |

NO DAY

Unioli intend

- é

The Women’s Temperance

having a

TEA AND SALE OF

Useful and Fancy Ariisles

—IN THE;

REFORM CLUB HALL,

i=

THANKSGIVING DAY!

SALE TO COMMENCE AT 4 P, M. Tea on the tables at 6 p, m.

Hall, 10 cents.

Instrumental music throughout the evening.

M. L, JOST, Secretary. Nov. 12—1 aw tf

riORSES WANTED THIS WEEK.

10 STYLISH CARRIAGE HOsES—

weighing from 8 to 10 ewt.

FENTON T. NEWBERY & CO, \ Nov. 11—2i

will be provided

VENNOR PREDIOWS

and see that your feet are protected, and thus save many doctor’s bills.

W. 2. BOREHAM

SourH Sipe QuEen Sevarez,

has the best selected stock of Boots, Shoes, Slippers, Overshoes, Mocasins, &c., to be found in the City, which he will sell at bottom prices, to suit the hard times,

CUSTOM WORK.

I am now also prepared to take orders for every. description of Uneens Work, having opened a Castom Boot and Shoe De- partimen{, under the superintendence of D. W. Kirewin (late foreman at Dorsey & Jost’s). Mr. Kitchin has had long experience as a cutter and practical shoemaker, and will guarantee good fits and the best of workman- ship. None buat~first-class material will be used, and ali orc.rs will be promptly filled, Prices as low as possible consistent with good work, Mr, K., having had considerable ex- perience in making boots and shoes for persons with DEFORMED FEET and those who are troubled with

CORNS AND BUNIONS, will make a specialty of this branch. A

food Fit and Perfect Kase

in every case, or no money taken.

£37 REPAIRING NEATLY DONE. Ch’town, Noy. 7, 1878—3m wed & sat

WAR! WAR!

101

Kent Street Tailoring Depot.

—-:9: ——

To the Public.

TAKE NOTICE,

J WILL IN FUTURE (on account of hard times) make up Clothing as under, viz. :

Men’s Suits of Black Cloth........ $5 50 as - Good Tweed ........ 5 00 #8 . Common Tweed.... 4 25 . " Homespun.......... 3 25

Boys’ Suits. |

Suits of Black Cloth............ . $4 2 ‘s Good Tweed........... ... 8 50 es Common Tweed.......... 2 00 a MUON <2. ws ss 50m s ents 2 00

—

Pants of Black Cleth.............. $1 00 “6 SaOGR SOON ois ore tes 90 “ Common Tweed.......... 80 $ Homespan . ... 50.55 6.06 x 8

: Vests,

‘* Homespunor Common Tweed, 80 ‘“ *

. All work guaranteed, or no pay for making,

N. B,—Parties having done and not paid for, are requested to call and pay for them. If not, I will sell them for my expenses

On. the argu- |i2 two weeks from date of this notice.

s@ Patterns cut to order. i WM. J. McINTIRE, Se Kent Street. Nov. 4—lm eod ne lin her 2m ,

FOR SALE,

A SECOND-HAND PIANO, by one ef the best English makers ; almost as good .. new. Price moderate. Apply .at this ce.

Ch’town, Nov, 4—

Great National Work |

ART ILLUSTRATIONS

By ©. R. TUTTLE.

ue new and only InLustratep History of the Dominion or Canapa. Just pub- Work

lished. The most and saleable

of the day. In2 i _ Grand Quarte Volumes, 600 pages im each, or in monthly numbers at 50 cents, Beautifully iil

and handsomely bound, with 28 fine Steel

Plates, 20 origiial Wood Cuts, and 200 Photo Lithograph ] ings, on stone, of our promi-

A Ww i county in P. EI. "Seu for term and’ outht

AMUN ,the Cheapest Paper published in the Province, ak ae |

at once, D. DOWNIE. a | C0., ; Box 1964, Montreal. [may

Tickets for Tea, 25 cents. Admission tg

Of Good Tweed or Black Cloth, 90 cents each —

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