Chief Justice 1Decides In Truck Seizure At -S'sidel

dl

"The applicant relies on North- west Mortgage Co. V. commis. sloner of Excise (1544) I1 C.C.C. 394, in which Dyaart. .1.. held that "all reasonable care" did not ne- cessarily involve a clearance from the police that the mortgagor is not likely to lapse into breach of penal laws, but might fairly be confined to the care regarded as .easonab' necessary by a bust. nesa man in a business traction.

"Dysart. .I., thought it was go- ing too far to intcrpert "all reason- able care" as meaning "all poss- ible care" or "all conceivable . care.

”Tellier, J.. in Tilden Drive Your- self Co. V. Deputy Minister of National Revenue, (I952) 108 C.C. C. P. 200 says: "the court is not ments of the act and the application ready to accept as a principle that win 1-efuged, lin all cases of this nature exten-

Ytlr Morlev M. Bell Q.C. appear-'SiVe investigations under police ..n..; the Minister of National Rev- authority. eliminatins any possi- enue and Mr. D.O. Stewart Q.c, bllity of error, mustbe undertaken, appeared for m,' nppiicmt. for. if such were the case. it is

The Provision, of 3' 134 gr, .5 evident that a person of good faith follows. --134. ii) whenever any would never be able to assert his horses, vehicles, vessels or other IIIIGP9515 appliances have been seized as "In the Line of decisions cited by forefeited under this act, anyone the Crown, which held that some (other than the person accused of definite action. excluding any ne- an offence resulting in such sei- gative attitude or abstention. is zure or person in whose posses- imposed on an applicant. each slon such horses, vehicles or other case indicates that some cause appliances were seized( who claims for suspicion would have been dis- an interest in such horses. ve- closed by the inquiry which the hicles. vessels or other appliances applicant had failed to make. as owner, mortgagee. lien-holder ''In the Tilden case. supra. there or holder of any like interest may were "facts sufficient to arouse within thirty days after such sei- som ewh at the suspicions of sure apply to any judge of any claimant's employees." . superior court of any Province of "There was a record of previous i

the Exlcse Act was heard before Monday and the application was refused. .

The vehicle. a panel truck. had been sold by the dealer to Perry and a balance remained unpaid on the purchase price. Accordinl to the evidence the truck had been used by Perry for illegal purposes and had been confiscated accord- ing to the terms of the Excise Art and to be sold. The act re- quires that the dealer must make reasonable inquiries to satisfy him- self that the vehicle would not be llscd for illegal purposes such as cnlllravcning the Excise Act.

The dealer, F. Earle MacDonald Ltd.. failed to satiaiY the court that he had made sufficient in- quiries to satisfy the require

PRINCESS ROYAL AND GOVERNOR GENERAL

Her Royal Highness. The Prln- Right Honourable Vincent Massey, are pictured above leaving 1119 cess Royal. and His Excellency the CH.. Governor General of Canada, Quebec City quayslde shortly alter-

Awards

Gal

Arsenault. Secl. 10A. Sect. 10B.

years

nault

Arsellault lst. Sylver J

chequer Court for an order decIar- Ltd. V. The King (1941 102 C.C.C. Ing his interest. P. 40., per Lalonde J. ALSO IN -. (2) "Where. after such notice to ggp G:;19E3:nr!1g:slr:)"I15erAtffC1g)1:;;'scee :f;,:”',','”f:'m1;”d:h,f,1:gg:a;"f,i' 5,”; tl942'l n c.c.c. 244. per Chisholm nmmciiou of such judge; (A) C. J. also in re Traders Finance Thai the ciaimnni is innocent nf Corp. V. Commissioner of Excise. any complicity in the offence re- (1940) 75 C-C.C.. P. 109. Per HIP

Canada or to a Judge of the Ex- offences in Traders Finance Corp. a ' - Lennox Island

HUL'L'l'ON. Me AP- Simon Bartlett, 32. has been ordered held

section (2) (A) of 8. 164.

"As to sub-s. (2) (B). the evi- dence is purely negative. The. appli- cant knew of nothing which would lead it to suspect that the vehicle was likely to be and eontraryto the provisions of the set. but it made no investigation of on this point either before or after the

Wmlld fill. lid if lllch eVldenCCi "I regretfully C(Ifl('Illl'l.' that this were not available an application; lpplicant has not discharged the would succeed ii-respectively of the lurden of exercising "all reason- presence or absence of reasonable able care. Br! 0!! "ll DIl'l-D9.1'13C-'PPu9""- -"The applicant is therefore re-

"ll Mimi 019'? 9'31 11" ”P1'95' fused. and iunless the Minister I101! '''-'l91'91"d 1" 133505111119 waives payment of costs) the ap- CIN" 131130303 "59 51134911 "f '1 plicant Is ordered to pay the res-

abseace of likelihood that the ve-

Guardian

IVINING CLASSES Central

premises before the time of the

-Western

CAPE TRAVERSE Ian Gospel meetings nightly I sun. I. A. Joyce and . A. Ramsay.

CARD PARTY Legion Home Kenslngton, Friday. October 7th. 3.30 o'clock. Sponsored by Lad- ics Auxiliary. Everyone welcome.

RESERVE SATURDAY. Onto

Mrs W. G. Bradley. accompanied by her son. Cannon. left on Sept- ember 30. for her home In York- ton.'Sask.. after spehding the past month with her parents. Mr. and Mrs. Bruce Paynter. Kensington. and visiting other friends and re- latives here Bur.

Mrs. Lila Campbell returned to Charlottetown on September 28, after spending a few days at Ken- slngton, guest of her sister. Mrs. Ernest Houston and Mr. Houston.

Miss Amelia, Mill returned to

REGULAR THURSDAY night dance at K Le

by De Boys. Admission so cents.

of a few hymnslthe responsive

ceding from the New Testament mi Mr" and MW Wesley Richard"

son of South Brewer, Maine, gin-,

Members of the families of Mr. and Mrs. Bruce Paynter. nee Grace Goss. gathered at their home in

2. Jean Mscwilliams. 8. Justin Murray.

Grade V111 1. John Robinson. 1. Carol Cutcllffe. 8. Elmer Mac- Donald.

niversary of their marriage to honor them with gifts.

A mantle radio was presented by Mrs Roy Tuplln who also read the anniversary card and other gifts were presented by Mrs. Aus. tin Rogers and Miss Mary Rogers. A humorous reading was given by Mrs. Austin Rogers. Lunch was served by Mrs. Verdun Paynter,

Mspah Diane Webster. 8. George Msc- End , Williams. Grade V: 1. Sandra Macradyen. 2. Verna Leard. 3. Buddy Peters. Grade IV; 1. Eugene Murphy. 3. Donna Dawson. 8. Arlene New- some. Grade 111 in: 1. Donnie How- att. 2. Everett Deslloches. 3. Best- ram Thompson.

W 1'" om. 1liJr-- 1 Barbara Web Mrs Austin Rogers and Mr R 1”" sluts" Tull B1 " W a Vancouv 9 ”' ""

rliu srarsu crrv

lespital in Halifax. h Well-planned design of Dublin paidtngsonieilnseat streetsiscreditedtothe

town ilpilannnlng committee established in

STOP ODORS

Zia.

.-u..""' "2.

' ”'E"' su.:I.:7..".'lllI."."' &.nq1-nng, gun. ;J4Ns'ansDayl b

3- In an

.AMan Shot Maine Householder Held

red after Bartlett ordered Bernard 1 Church '1" Sunday morning and several other

is confined to his home through ill-1 ness.

led by her young son. Carmen of, ;;:':t1031'e spaa:1:a::,::n;a':hew1;:e:ta:;'ncent visitors toMoncIorl, they were-I Mrs. Bradley's parents Mini

Mrs. J. Bruce Paynter Kensirlg-1

to attend the funeral of the late George McLeod of Darnley-

MacLeod of Darnley was from the Keir Memorial Church at Malpeque on Thursday after- noon. The services were conducted by Rev.. Mr. Blakey. The hymns sung were -"Abide With Me” and The Lords My Shepherd. The pali- bearers were Messrs. Lloyd Adams Wallace Adan" Fred Hickey. Arthur Mahar. and Charles Hickey. Interment was in the Peoples Cemetry at Malpeque.

chairman for the evening. Mn and Mrs. Paynler were

Recent Exhibit-Ion

Sect. 18. Foal. general

Prizes

I400.

Brood Ma re

Roadster. Mair.

lcerrlage ',

F Arsenault.

The following is a list of prize winners at the recent Egmont Bay usd Mt. Carmel Exhibition:

CLASS I. HORSES

having raised a foal. lst. Aubin ianl; 2nd. Edmond Bernard-

Sect. 5. Brood Mare (draft) with foal at foot. lsf, Joseph 12. Gal- lant; 2nd. Joseph E. Gallant.

Sect. 6, Heavy Draft. 3 years and over weight over 1400, lst, Edmond Bernard.

Sect. 7. Light Draft. 8 years and over. weighing under Antonin Gallant; 2nd. Camille D.

lst,

Sect- fl. Colt under 2 years. lat, Joseph E. Gallant. iCar- riage) with foal at foot, lat Syl- vere J. F Arserlault or gelding over 2 years in harness. lat. Edwin Darby.

Sect. 12. Colt. 2 years. icarrlagel lst. Joseph E. Gallant.

Sect. 14, Marc 'or gelding and over Wilbert Richard. 2nd. Joseph P. A. Arsenault. 3rd. Donat H. Arse-

1st.

Sect. MA. Mare or gelding. 3 years and over icarrlaget in bar- ness. lst. Wilbert Richard.

Sect. 15. Horse, general pur- pose. lat, Renie Gallant: 2nd. Cy- rus P Gallant, 3rd. Camille DJ

Sec! 20. Champion mare or gel-i ding under 3 years. Joseph E. Gal-. Ivan Clark and sun.

1st. Antonin Gallant; Bernard: flrd. Adrien Arsenaulb Serf. lit, Senior Heifer calf.

application to relevant seizure. Whether any of ., 1, 5 ii" 2 Ad 2 Ar.enault: 2nd, Sylvere .1. C13,; we Thane A. Clmvblll 13050 IIINIIBI rnceded the dat (digit. lat. l3Vill)i!e1 Aliggnauliyears F.n.:lIl5eIl:.ill; 3rd. Leo Bernard. mni, by !'.E. MacDonald Ltd.. those search: in eded the data. sent, 3, stallion over 3 vearg Si-ct. 11. Junior Heifer calf born in recovery of a vehicle sold by clued. (French Canadian) lat. Willie r after April ir.-.. 1955. registered or the dealer to one Medici!-Perry "Two lines of decision appeared Arsenauit. grade. 151- A"1""1" 531131115 2"'1- ,,,d seized under an infraction of in the cases cited. Sect. 4. Brand More ulraltl Emlllen Bernard; 3rd. Alyrr Cor-

mier. CLASS ill. AYSHIRE BREED

Sect. 4. Cow. Edwin Darby.

registered.

J. F. Arsenaiilt; Bernard: 3rd. lat, Edmond Bernard: nard.

Serf. 10. Senior Heifer

Edmond Bernard- 2nd. Arseliauit. 3rd. l'lu'.rirLn Arsellault

after April 1st. 1955 grade, Ist, Edmond Bernard. 2nd. Edmond Bernard 3rd. Arsenaulf.

Sect. 12. Group of three heuer 2 years and heifer 1 near or heifer calf. registered or grade. 151.. Edmond Bernard: Zud. Vic- iorui Arsenault. 3rd. Emlllen Ber- nard

CLASS W. SHORTEORN

Sci-t. 1. Bull 1 years and over. registered, Isl. lyan Clark and

fl

3

Pl-l!'P05G.,I S-er! 3. Bull rail registered or

jeliglble. lst. Ivan Clark and Son. Sort. 4, Cow. registered. lst.

131''1- Sect 5. Heifer 2 years. Isl. C1-A55 U. CATTLE Robert Marbaurm and Son. 2nd,

g ! , BIYIIOLSTEIN Cyrus P. Gallant. I , P I J .ev. . u..two years and over., Sect. 5. Heller. 1 year, let,

IEl:g::.gs;h:f(:;;:':1c':." am!” mar registered. lst. Adrien Arsenauiulvan Clark and Stan

.he arrival of the Royal gut-.-.:f (Canadian Pacific Photo) sy-15:; J; FS0X;E9;:tf11lj1erM- 151-lclmt-an? Sect. 6. Heifer. 1 year register-llant; flrd. Tilmnn C Gallant. i ed. lst. Sylvere J. F Arsenaulhi Sec! II. Heifer 2 years, lst,

speaker at

persons from ,-

Mr and Mrs. Russell McLeorl ollolheary. left for a visit in Fred-

Mrs. George Bradley accompan- Mr Frank

conflict of M19. All IIIQIIIIT If the lull I0!!! POIYUVG ICNOII 05 8 pendent", cost; of this appiica. ton left for her home by train on

time ofthe contract would not have potential applicant. and implies at uony Friday morning,

revealed any relevant conviction. cast a partially sigijective tetstuilaf Wgnngng MM Lila Macuod R N remm ML ruerpectedny "Ii. ttlltwwhrci ?i?:r:l:tdl: tt:ld:el:x':rocni:le,tli. In "My 0 E - ed to Boston to resume her oro- W951 C'””' Eva.” gram". p:e".c'he. ,1 M, -53,... ii ii...” wn, . (nctunl Burhngfon fesslonal duties after being home 1" Hamaxt

ment.

The funeral of die late George held . sister-in-law. fred Brooks

The many

Roy Campbell.

their friends who

Grade V11; 1. Jean MacNel'l. 2. Kensington on September 28 to five years ago were bi Jean Dawson. 8. Connie Clarke. celebrate with them th 45th1 . ' 1 l O '1 be Grade V1: 1- Alan Robinson. 2 ' ”" 1;e;fef,.”"" Re'”"'"""" .11"? Blueberry

Mr. Rodger Miller. son ofkMr.

Valence wmt csninmtl

It! even WALK or 1 ml ounce MW

O'Leclry ,

Dr Florence Murray. missionary , from Korea.

recently spent a few days in Sydney Cape Breton.

Graham of West Devon were r

andraccompanied by Mr.

daughter. Mrs. Lockhart who has NOON-31L been visiting at her home in Westl Devon for some time.

and Mrs. Milford Ellis of, returned from a trlplz. Aileen Mutiari.

where they placed iheirl ray.

little son in the Hospital for treat-

, Mrs Lourina Adams. Manitoba. is visiting witll.her brother and

Wedge. 0'Leary. are sorry to that she is on the sick list again and all hope

Mr. and Mrs Elmer lllcCurlnellBeVe”e-V Sherry and wmlam D9 of Moncton N.B spent the week- end with Mrs Mwiinnneils ivarents Mr and Mrs Charlie lllrlreshcad W in West Dovon

the recipients peque I mam: rapid ravm'er.v of many lovely gifts. anniversary1followliigs an Speratlon in the Prince cards and telegrams of congratul-1 atitms. Eight of had attended their wedding (nriy.

County Hospital

COLOR FUL BUSH

home gm-dgng pr()vif'lP fll'lRIll red foliage in the fall. as well as fruit. and Mrs Reginald Miller of Mal- in summer. -

Arsenauli.

Sport Echoes From

was the special) the Bloomfield United

lo . J. l in Co cial . ' i illl" Ward Jelley. UluolivaIe.. P ' C

::Il.1.li..'"..l”.'f"u.”f'..if:.2:.”i.?;Y 3: i'..f?'1i1?..”i" .::.r. :l:::::.”:..”. on rmce ouniy

Iation thereto; and (B) that he 11941) 77 C.C.C.. P. 363. IJei'iUr- Canadian potato harvester who was ! gar '?;:1i1l'i1:5- W11” 11" 517"” andv I m k ) Ivt of their career exercised all reasonable care in quIIl!'l.iJ- there were susltcous wounded after a party at Bart- Kensln ion Wei: ordered, e blac yexe "-5 certainly respect of the person permitted to Cl: . including 8 motor ietts home. 9 V i i I ' curtains. and stipulated that they

obtain the possession of such horses accident. in Colonial F” Corp. Charles Bernard of Lennox is M” Ed"a'd 11aCD””5'-31c "s the plentiluily sprinkled with gol-

lille of world champions. Virtually

90 percent of the baseball world Afiislvv vlIIlTil'o-I3: scii'66L REPORT FOR SEPTEMBER

Grade IX" I DGIIVIIP MarCor- Oliver”; inlac. 2. Elizabeth Trainer. 8. John

to , . Oliver and Mr. Arthur. W

hander.

Grade Vill; I Allu-on Green 2. Freya Walsh. .1. Robert Murray

able Yankees

Grade V'lI' 1 Eleanor Nnonan. 3. Charles Mur- staged threat

Grade V. l. Marilyn Noonan and Sandra Green. 2. Garth Murray. 3. Billy Bassett

, U S A.' right i-"rlncipal- Helena Green

The Yankees

Sect. 7, Cow Grade. Arsenaulte 2nd.

the wnritils best) hration after such a glorious vic-

Sylvere J. F

s in following sports. handed us a bang.

If tll Y i( ll d . ' . small Isercgrliltaezetiofathgvfgnsawllllld1'" heifer Ca” '9-”'5'e”d 1” 93115

their mad cele-

without a run It

wasn't easy. The tension and pres-1 sure must have bllilt up pretty ,"n'::' 3e"l',"5hf;f"'alf,f,1e'm:t 2nd. Joseph E. Gallant; 3rd. Ur- 1 threat. but! Johnny was equal to it. and he's probably the happiest boy in the

after

now. jinx gave one last

.1 81- Adfirnrlvan Clark and Son I

- Sect. 10. Senior Heller calf born

Sect. 8. Heifer. 2 years. Grade, lst. Edmond Bernard. Sect. 9. Heifer 1 year Grade. Cormler,

was pulling for them to camel -Sect. ll. -tumor Heller Calf i?')!'!! . t i ihiiigir ”l5i.2'll'1I2n.”.'l..””i.”.".'.” ii.”.Il?lsrade- In Mn Clark and son-

Johnny Pndres. M year old left-lla pitched himself into the-

hearts of all Brooklyn. and a gootll deal more than half the aportlngi world when be shut out the redoubt- i

.

after October 1st. 1954. in April 1st. 1955, registered or grade. lst. ilvan Clark and Son; 2nd. Alyre

fatter April Isl. 1955. registered or 2nd, Ivan Clark and Son.

I Sect. 12. Group of Three. cow. lheifer 2 years and heifer 1 year

Wednesdey,0ct.5.1955 The Guardian Page 15 2nd. Lm Sect. 7. Cow Grade. lat.

born after Oct. 1st, i954. to April lsi. 1955. registered or grade. lst,

Sect. 1. Bull. 2 years and over, registered, lat. Theodore P. Gal- lant.

lat.

Sect. 7. Cow Grade. Isl. Sylvere 2nd. Emiilerl Edmond Bernard- Sect. 9. Heifer, 1 year. grade. 2nd. Vic- ton'n Arsenault; .'lrd. Emilien Ber- Calf born after not. llu. I954, in April lst. 1955. registered or grade. lsi. Victorln

Sect 1!. Junior Heifer Calf born registered or

Vlctorin

FOVV.

icormierz 2nd. Urbain Galllit -Zlrd. Albenie V. Arsenault.

Sect. 9. Heifer. 1 year, 11. Glorice Cormier,

COMPETITION FOI CHAMPIONSHIP

Sect 1. Champion lull Dab! breeds. Adrien Arsenaillt.

Sect 2. Champion Bull lad Brseeds. lvanhclsrk and Sons.

cc. 3. Campion cow Dab; breed. Sylvere J. 1'. Al ult-

Sect. 4, Champion Cow Bed breeds. Ivan Clark and Son.

Sect. 5. Champion Group d Three Dairy Breeds. Edmond Bernard.

Sect. 6. Champion Group d Three Beef Breeds, Ivan Clay-i an Son.

Sect 7. "Hampton Heifer. zyesrs iDFiiT.V Breeds. Camille D. Arse nault.

Sect Breed.

Sect

8, Champion Heifer led li-an Clark and Sons. 9. Champion Heifer. 1 year.

Edmnmi Bernard.

PIIIiilPS'

MILK or MAGNESIA

Wiir-ofvev1sEsionaI Cards. Cherie red

Accountants

T. E; rle Hickey Canadian Bank of Commerce din

B .S1lmmerslde. P.E.l..Pfiaae an

INSURANCE R. I11. Ellis 5'. Son Limited

Vehiciesv ve55e1s'op other nppu. V. Commissioner 0 fExclse. (1941) land. P E l.. was wounded in the , , . i .. , lden dragons. We'd start i.il"'-""13 I 1 -,1 i -phi Ya keesl 151. W311 Clark and 5011 pin -. Ania n

ances to satisfy himself that they 75 c.c.c.. P. 276. per Green. J. body by a 22-calibre rifle bullet LlXa1dgb0i0- 11.131"? 8” V'511"'S 11 1'1'.”””"- A 11- a beard. but it comes out the ':;':r:' gsemng m"wd BEEF CATTLE, ANY BREED , 5,,,,,,,,,., Si were not likely in be used can. "In the present case. as counsel early Sunday. His condition is not C: 1CM90Ii:IeSdbrtfJti)i3el:.Neal andt M gt 1 V D V” UL wrung shade for a dealer in in. '0 coppmg the M18. that may sent 13, 2 we,-S and m.e,.' ISL i

trary to the provisions of this act for the applicant points out. in- considered serious i wagggg H” M”cL;)od 1: Ba tmd Ed' mt ,rO,.kS3',3;n:,0nui;'1v1,,i1n;;dav ,:::,r.?,IICa"i31'”" 3” "eC.””".1a"Cy M couldn't. extract the thrills thev.1Vg" ti-"loigk anti Son. 0 i 1', .

on if n moi-tgaggg or lien-holder, quirlcs at the time of the contract Police said the shooting occur- 4 0 T 9Y- mg - - hope our readersndldnt forget in used in M when the expenenmi cc. 11 . l year and under two p ome risii

that before beconllngsuch mart. and delivery of possession would in , Mrs Everett Champ!” Keni - , send our prohecyv The Dodgers in was new. To cm, . local Damn” years.F,.si.k lipalnuclalgk and Snnl. E. E. Parkman

sagec or lien-holder he exercised have revealed no relevant C0l1V.lC- 11” M b - S,-"Eton W” a recent visitor to Mr and MI” Alfred Palmer seyen to their friends in time for ca” mp ms, mm the Summepi R ion a s- rd. Russel option. Roi

such care with respect to the mort- tions against Perry. and perhaps ce wnu e used contlary to Summemde lacwmpamedi By Mrs Palmersulllenj in place their bets if WU sidemiermed,-3,5 basebaucmh won, gmstall-, C H ' V 1 PHONE 323.,

fgagor or lein-giver: he is entitled no facts which should have aroused the provisions of the act. the HIV imother M” John Mmmad vdidn i. you 11 have in take all the we Marmm, me. the piayer, amiiJ 90'; vi, HA uniiev iirfar. isi. REGENT 1-BE”-M.-, BLDG.

to an order that his interest be suspicion. I think, however. that pileup, mus: Silllllfz that II afflrl1'l- M” Joseph wmdsldei Kenmgw0'Lean; and Mrs Jame; H-udwn. blamr up ligwlhaig an imposing In of us were imie short of .ie..Fi;!;;IL Flam 3 dl'5(;zllat;l.'. Mud, mmmu Si. summer.” not affected by such seizure. 1934, this Durely oblective test is not a ivei Thsia isf edlv itself on this ,0" is 3 pahem in the prmceiof qun;&)emdP- swim B -my daw C:C'Ulfinr1Il& dord ltgllles drfsli s. lmousi The second year. some of Lam" mid SB." .r . o er at:- i c. so. s. 169A: 1948. C. 49. s. 33 sufficient to exonerate the aPltli- pom. .15 anpicani displayed Cmmy Hospital. - '- - - .- eve some on-ails .an some the edge had Wm." 0", ,m,,,.,gh , H . 3. '1'. Hume, RD.