Ee | ¥

or

eS

ee

fet Toe

;

.

preg axe

Cer yer eS

See Serer

0m

Re a

mye Ye

Pe ae Se

“Se

mes ai.

game t ~ - at:

zt

Ee ee a ea a

ee 3

OEE Gg NE Ni

a

the Master of the Rolls says :

ree ene

present hose on the 24th August, at plain- tiff's request. Went into the dining ro mn, heard a grating noise. ‘The factory was going ; L could hear ib distinctly, and there seemed tv be a little tremuious im tion, which I supposed proceeded from tie fac- tory. ‘The noise was very Unp) I went into the first room next the factory, there was the same ne vibration more in the front . the back. I then went upstairs int room nex! the tactory. ; heard the same machinery working, anc he vibration. I thought it greater; 1 thought I would pot sleep in that room li i could get any o her place to sleep. a would not like to live in that heuse with that noise continually.

Robert Young says :--i ws house about the 10th of August. — the room next the factory, on the hrat floor. The factory was at work. 1 heard noise of the machinery and felt vibration. Lacre was no tronble to hearit. 1t was acon

nose. room tian ai »a bed

! also. the

in Alley’s | was in

; : eeiteaeeet aD wsth o shading, tinnous nvise, accompanied WItN & SAAKIDS. | the dining-room and felt the

1 went into

game vibratory motion. Then, again, on the 16th August, [ was upstairs in two

i | seal +} Pit eee OR al bed-rvoms, one next tae fecvory. Heard

} > ~* ; . + the firs time. j

the noise greater than the think the -plaining machine was_ There was the kind of noise anc vibration. it was very disagreeabie. J would net like te use it as a bed reom. Ii would be very uncomfortable. The plaintif s house is a very gocd ene, but I weuld not like to eccupy it if the factory continued working. I have not the least doubt that the noise came froin the factory. Now, have quoted—it is weli knewn—are ae whose testimony would be fully credited In this community. ‘They testily to what they saw and felt; they could not be deceive d: they have, therefore, coimniiited wilful per: jury, or the nuisance existed to the full ex: tent complained of in the bill, and their statements are corroborated by many other witnesses who testify to the same effect. The jury to whom the questions were aubmitted and who heard all the evidence, Was a special, composea ol gent and respeetable men. | for the defence consisted for the most part of persons who had not been inside the house at all. How, under th in- stances, could any court decline to protect the plaintilf against this violation of his rights ! oo On the trial of the issues the defendant s counsel complained that the nti had this advantage, viz: that while the plain titf’s witnesses testified te,what they ob- served in the house, he could not take his witnesses there to observe whether the statement of the plainulls witnesses were correct. But when the issues were settled the defendant’s selicitor applied for leave to inspect and the following was my de- cision on te application : ‘‘T have looked into the cases respecting Mr. Hodgeon’s application for an permit the defendant and enter the plaintiiis effect of the working of the factery on the house. I was under the impression that a view by the jury might be grant seemed to ine a shorter and better mode of

vo pny e”-

same

men

bias rat

38 Circiiin

plait

5

} | | 4

nouse, 10 ad, whiten

> +

af 7 raalt a. . narmicniv ;* > rasyttor nar preceeding ut i have Satisiles my S@ii bia. | rovoives quite ] mpialy, rile POULSE then

this is not a case in which that course could

be taken.

But the Court of Chancery has an in herent power to order the inspection of beoks, documents, papers and preuiises, etc., when necessary for attalminent of sud- stantial justice.

In Bennet vs. Whitehaven, 6 jur., 528, ‘*Whenover it happens that a person has the power o} of making use of his land to the injury of another, aud there is prima fucia evidence of hia doiny it, even the contradiction and the real fact can only be ascertained by going on the land for the purpose of inspect- ing ; and that inspection can be done with- out producing injury to the person whose land is entered upon, Lam of opinion that the Court will direct inspection.”

The present case differs from any | have met with im this, that here the plaintiif de- sires to put his machinery in operation and then with jis witnesses to enter the plain- tiff’s house to observe how the working effects it. But the principle laid down by the Master of the Rolls seems equally ap- plicable to this case. The defendant says that the plaintiff complains that the work- ing of my faetory injures bis enjoyment of his house aud he desires permission to enter the plaintiif’s house when the machinery is in operation to sve i that complaint is well grouided. Nothing can be more reasonable. The question ior the jury is whether at the time the plaintiff ryled his Bill the factory was a nuisance.

it was sngyested yesterday by the plain-

tiffs counsel that, as the factory is not now in statu quo as when the Bill was fyled, any experiment made in its altered. state would be merely delusive, and not admiassable as evidence. Therefore, before [I grant inspection | must be satisiied that itisin the same state as when the Bill was fyled ; and the defendant must, there- fore, allow the plaintiff or such person as he wishes in his belialf, to inspect the fac- tory.

here is another point. Some person or persons must be appointed to see that the

wnachinery is working as it ought to be and en sach <lescription of materials as it is ordinarly used used to manufacture. ff

the parties cannot agree on a fit person or|

rsons, | must appoint them. The defendants mast also undertake to

pay the persons so appointed such sum er

sums as the Court may direct ; and aiso to provide such materials as the persons se appointed may direct for the machinery to operate upon. The defendants’ never availed themselves of the permission, and therefore liave nothing to complain about in this resect.

There was an attempt to set up a pre-| tilizer.

aut wwe orwe ae ee Ok ee BAe Te Or

unpleasant. |

I noticed the}

same

4 these witnesses Wliose testimony My

intelir- |

: en the evidence}

* seers? Scere MREy - sana

‘aid not sensibly affect the plaintiff in the |

house in which he 853. Now, the eld further from the line be- tween pl tintif’s and defendant's land than

third question,

submitted to

‘enjoyment of the lresided in

’ 3 S 4 ‘stood four Tee.

} + the present hese. rhe

; } : oe one ha which by the issue was to D«

} M 6 exe +} ” ra ae ; . ‘ the jury, was ‘‘ whether the | laintitf's en

house |

The lot on which the works are situated jis eight acres in sizo, A short distance feom the surface is a layer of superior brick clay, from four to six feet deep. Under this is a laver of sand and sandstone. Be- neath the sandstone is a layer of tine red ‘clay, which is uged for pottery purposes. lhe thickness of the layer has not yet been discovered, but in digging a well a short

| .

hiovyment of the old houso in which he re- A : ; :

lsided in 1853 was sensibly diminished by | distance from the jot a layer of the same cer } Ode yas Pas . ' * . , +7 , » iale

lthe working ef the defendants machinery clay “— found to bo thirty feet thick.

1¢ that tia 7 ‘This question was, On the | A 1118 MeIng the Caso, there ” ne

lit ‘al. withdrawn from the jury—! oth {facility to carry on the brick and pottery

L bi, yal ‘ : “ - ' ° ..2 = ° ® Pi . .

| urties agreeing that it was not. ‘This|making business at Mount Edward on a

pone to me to put an end to the question moat extensive scale. oe ‘ leser

that the! The promoters of this industry deserve

of prescription ; for it adratts nuisauee Which you would clatm a right to continue; never had any existence until

7 yeur factory was placed close up to the

plaintif’s present house. (Coneluded on Mon lay. ) ow —_ } wale an ee Oharicttetown Brick and Pottery ua « v¥ OY. Pottery last.

The Cheriettetown Brick and Works were opened oa Thursday l'They are conveniently situated on the

;

Mount Bdward Read, one hundred yards

from the Railway crossing apd about ai {quarter mile from the city, Nhey ¢ msist tof three buildings, the first aud largest cf | which contains, the engines for running the

: ; et: a | bri +k machine and the bone-muill ; the sec-

ond is used as a pottery and the third asa dwelling for the foreman and his workmen. On our arrival at the Works on Thursday we found that a number of citizens had as- sembled to witness the opening. All were busily engaged examining the contents of the buildings from the simple potter's wheel to the givantic mill with which the celebrated fertilizer, bone dust, is made. Aniong the number present we noticed His Reddin, Rebert Shaw, M.

P P., A. Lord, J. R. Brecken, wae Bourke, J. J. Davis, Francia Maszard, W. W. Clarke, Chas. Hyndman, P. W. Hynd- man, Esqs., and Mr. Hamilton, of the Patriot. All were conducted through the premises by Frederick W. Hyndiwah, the , who explaining to those ditferent

iS tO tre pot.

Honor Jndge

We i YOrkKS

enterprising Manager of the

+ 2 ae

tooK a special dengnt m a+ 1

present tne

' lmachines. Our first visit | '

- +

working ol

i 1;

building OUx2U feet capacity. : ,

‘

tery which Isapu g , ina ¢ ‘~IPMerinte? j ryt Aly Tound the + uperintendenr, svi tl

ere “Wo ; ; 1; WW ellingtoi

Uswald Hornsby, (late of the Potterv, Dartmouth, N> 8.,) busily engaged at preparing clay fer the manufacture ef it at the open- , two men and a bev, allof whom have large experience in the business, In reply to a question Mr. H. informed us that the clay, on being taken froin the pit, is tirst placed in an iron pugmill, it. is there ground ind) so thoroughly mixed. On removal! from the tie if

hand- : sc ae se worked until it becomes quite

. . ; , ’ dishes which he was to exit

: 1, e+ > aacjata : ening, he hav tg GS ASSISvaANLS

niill : Se flexible. in this state it is piled in biocks until the potter is ready to mould it into any shape he

order to} thinks proper by aid of the potter's wheel. At ° i eh. ” a “ his witnesses te the request oO: the manager, this wheel was

ovserve tie} set i '

in operation and several pots and jars e : “a mt " . a were manufactured in the presence of the ? sree! 1 i i} + . ventlemen Wao Were liVJo2dG FO The Opening.

;

atter being thoreng’si: iawit-

iil ciay,

, ; . ; 1a in ; ‘ , < iy 1 . worKed, 18 praced on Aan ron aGissk, Whici

aud as the disk and clay revolves, he ingeniously and deftly forms, without the aid of other

than his own fingers, the most splendidly t

coinmenced nis werk,

+ j tTuols,

proportioned flower pots, Jars, jugs, seed pans, bake pans, butter crecks, inilk pots, Vases, spittoons, antique Vases, @tc. ihe operations were quite interesting te tho:e present, and they regretted that they had and auats to see how wonderfuliy the potter The ware is then dried, a mixture

and flint is put on it. When placed in the kiln these ingredients flux and form the glaze which we see on crockery ware. In the pottery there are two wheels at work. With these they are abe to turn out per day’about feur hundred and sighty half galion pots, and twice as many smalleones. Ina short tine the manager will be able to Gil orders in the following Ly pottery, at cheaper rates than they can be imported :—Milk pans, bread pans, bake pans, sewing pans, seed pans, fern cream pots, batter pots, bean pots, hang: oraer- stove-

ROT Droucat tnelr Wives, sisters, CONBLIUS WOVks. Obi lead

i

a7 oS ,

‘

iemae mi Likkes OF

paus

? ‘ } } ta PTAPNSE. + te flower pots, bulb pots, erecus pots

b) Garden b

ing pots, musk pots, we. ing, coping, vases, chimney pipe stones, churns, spliteuns, antique s, ale jugs, gipsey and any design

of plain or ornamental pottery made to

pots,

ports ‘

We next turned to {the brick machine, which is situated in the rear of the bone mill, It was manufactured by Messrs. Bollnur & Shepherd, Montreal, and is pro- nounced to be a very excellent machine. it was in active operation when we ar- rived---making at the rate of 13,CQU brick per day. It is a vast improvement

on the old way of making _ brick, when a good day’s work for a moulder ind two attendants would be two thous-

and per day. The mill is in charge of Mr. Benjamin Gedfrey, a nan of wide exper- ieuce in the business in this and other Provinces. Mr. Godfrey has under his charge at the work in the brickyard, eight men and six boys, all of whom are kept busy while the machine is in operation. Phe brick so far manufactured are pro- nounced by critical judges to be excellent. They will be sold very cheap and will, no doubt, command a very ready sale.

We were next conducted to the bone imill, and received a short explanation of the manner in which it operates. The mill has not been running for the past few woeks—the season being now over. We learn that over twenty-five tons of this superior manure was manufactured the present season. It has been apxiously sought after by our farmers, who are only i beginning to know it real merits as a fer- The Manager of the works anti-

ve right gained by reason of noise! cipates that a large quantity of the bone

made by the working of the old block-shor

.

which formerly stood on the site of the |spring, as

present factory.

But the evidence showed! uged it

)| manure vill be sold next fall and farmers who have . already wiil be convinced that

that the noise from the old block-shop'it is invaluable as a fertilizer.

the praise of the community for their pluck and enterprise, [tis to be hoped they will ‘be liberally patronized; and that before twelve months rotls by the indusiry will take a deep root and under the wing of the N. P., grow well and assume large pre- | portions.

'+ In conclusion, let us give our railway fauthorities a hint. Brick are now being ‘manufactured at the Works at the rate of | 10,000 per day. These will, no doubt, be | purchased by builders in all parts of the ‘Island. Then, would it not be an injustice ito make the manager of the Works cart jthem to the city for re-shipment by train, iwhen a siding could be built at small cost, lone hundred yards from the works, By | building a siding here the Dominion Gov- ‘ernment Will assist a growing industry. Let it new do go.

- —-_ > = noone

Special Notices.

-_————

Cuoice family flour just received at Brrr & Giorr’s, —72 61

Frour, Cornmeal and Beans, wholesale and retuil, at the Fisu Markur.—j3

Lanes’ New Silk Jackets end Dohuons, at the London House. find] at the jm3l

Cocoa and China London House.

Canpages and Tomato Plants forgsale at the * Acricultural Store.” —K. May. [:2 3i DIAMOND DUST POLISH.— Silver and

CLARK’S

nrivalled

{ for cleaning Gold, Nickel ware.

Enquire for it. NEW London House.

| i j | j { | New MANTLING | { i . PRINis at very low jrices, at the fist | vo Arrive, 2 doz. Lacrosse Sticks for men. W. E. Dawsox & Co.

Laresr Nos. of Seaside Library now on sale at BREMNER bros. fron 3i lw

i

Boys’ Linen Surrs, $1.25, at the London | House. jm3l | j { i

oer xe

VALUABLE 7 Household Furniture.

— # AM instructed by Frsron T. Newpery, i Esqg., to sell at AUCTION, at his resi- dence, Pownal Street, en WEDNESDAY, | i6th inst., at 11 o’elock, the following hand- some and valuable Household Furniture, :— | 1 Hallett & Davis, Square Piano, 7 oct. (very fine instrument), } large Mirror, 13 ft., |}valt frame, Handsome Brussels Carpet & Iugs, | Lace Curtains & Fringes, Drawing Room Set jin Walnut & Bronze, Brown Repp, Walout fasy Chairs, Walaut Spring Rocker, Mahog.

Card ‘Tabie, Wal, Centre & Side Tables, Wal. Whatnot, Handsome Wal, Side Board, {marble top), Steel Engravings, Gil Chromos, Ex. Dining Table, Set Wal. & Repp seat Dining Chairs, China

Tea & Breakfast sets, 1 Diuner set, Glass- ware, Bronze & Brass Gasaliers, 1 Gas Drop Light ‘*Mereury,” Fire Irons, &¢., Wal. Hat and Umbrella Stand, with Mirror, Hall Table

& Chairs, Butter staad & Tray, 2 Hail Stoves |(Argand Base burners), Oil Cloth, Brussels Stair Carpet & Rods, 1 Wal. 3edroom suit, | Ash & Wal. Trimmed Bed-room suit, | Mahog. & H. CU. Settee, Iron & Painted Bed- Mattrasses, Bureaus, Wash stands, Toilet ware &-Glasses, 1 Health lift, &e., 1 American Range Stove with hot water Boiler, 1 Diamond Cook, Kitchen Tables and Dres- er, Dish Covers, Cooking Utensils, &e.

“Also, 1 Ladies’ Park Phaeton (New York build), 1 Reversible Seat Wagon (by ‘‘ Sar- geant,”” Boston), 1 Jaunting Sleigh, 1 Box Sleigh, 1 Water Cart, 1 set Silver Mounted Driving Harness, 1 set Black Mounted Driv- ing Harness, | Cow, and Stable appoint- menis, &e.

staaidls svéaus,

WILLIAM DODD,

Ch’town, June 5, ’80. Auctioneer.

Pesitive and Unreserved Sale,

HAN DSORAE Building and Paddock Lots,

WILL sell at AUCTION, en the grounds, on MONDAY, 14th inst., at 12 o'clock, commencing at Lot No, 41, as per plan, —

Paddock Lots, on the Lower St. Peter’s Road, being part of the ‘‘Strawberry Hill Property,” and reaching to the shore of the Hillsboreugh liver. ‘These Lots are from one to two acres in extent, and comprise some of the finest Lots on the Estate, and are ordered for pssi- tive and unreserved sale. Remember, these Lota are close to the City, free trom City Taxes, and will be sold without any reserve. TERMS AT SALE. : WILLIAM DODD, June 5, 1880. " Auctioneer. s . Final Warning. A LL PERSONS indebted to the under- <A. signed, who have not paid their ac- counts which were DUE and_ rendered TWELVE MONTHS AGO —will please take notice that PAYMENT must be made IM- MEDIATELY. All accounts remaining un- paid on the 15th inst., will be SUED for without further notice. Remember, this is positively the Last Warning. HENRY A. HARVIE. June 5, 1859.

Pails. Pails.

100 DOZEN TWO-HOOP PAILS, : landed ex S. S. ‘*M,. A Starr.” be sold low.

just Will

WILLIAM DODD, Queen Square,

June 5, 1880—3i

Thirty-four very handsome Building and,

QUEEN STREET,

CHARLOTTSTOWN,

Wall Papers,

Floor Oil Cloths, Tapestry, Scotch & Other

CARPETS,

Cretonnes, &c.

(A partieulary nice line.)

Table Damasks, Sheetings, Counterpanes, Toilet Covers, and Anties.

Black and Golored Gashmeres, Persian, Botany and other Cords,

FANCY DRESS

GOODS,

From 8 cis, Upwards.

Black French lerings, Paramatias aud Baratheas, CRAPEH,

Hats, Bonnets, Silks, Satins, Feathers, Flowers, Veiling Lace, &e.

GENTS’

READYMADE CLOTHING |

Linders and Drawers, Fancy shirts, &e., Socks from 10 cts, Upwards, Neckties, Scarfs, &e,

TREMAINE & METCALF,

83 QUEEN STREET.

Ch’town, May 19, 1880.

|

| Pate to Let—At ‘Kensington’ and

ae ti

SS

PINAFORE, PINAFORE,

PINAFORE |

~-BY THE--

Louise Leighton Opera Go,,

4 COKNOWLEDGED by the Pregs and ‘& Public to be the best which hag ever visited the Province. With complete cast of characters, full and strotg Chorus, new Scenery and handseme Costumes,

DON'T FAIL TO SEE Tho Sisters, Tho Cousins, The Aunts, The Middy, The Sailors, The Marines, 3 NIGHTS ONLY,

Saturday, Monday & Tuesday Hert, Reserved Seats at W. RK. Watson’s.

This Cempany introduces a mew feature at the opening of the Second Act, which is ae. knowledged by ail to be a very great addition te the Opera. One of the fine effects is the Sole by the Middy (Master Willie) and Chorus by the full Company, receiving encore after encore every evening.

The following is what the ‘ Western Chronicle,” of Kentville, says: “We ma boldly assert that the Louise Leighton Opera Co.. of New York, played to the largest audience and with the best performance ever seep In Kentville. Our vreatest aniicipations were more than realized.”

‘The Opera will be given with all the realie- tic effects ever seen in any New Yotk Theatre, with the following carefully selected caste, headed by Miss Louise Leicuton, who, having sung the role of Josephine some three hundred times in all the principal cities of the United States and Canada, is the ae- cepted star in that part ; and Mr. T. Wilmot Eckert, who made his debut at the same time, has achieved universal faver. Mr. Eckert ig the original Ralph Rackstraw in this countrys. the singing and acting of Mr. Pyke, as Cap- tain Corcoran, has not been excelled. The Company altegether forming one of the strongest Opera Companies now travelling.

Ch’town, June 3, 1880.

Very Valuable Properties,

A T AUCTION, on MONDAY, I4th inst.,. L£% at 114 o'clock, at the Blacksmith’s Fo ot Pierce Lacny, Water St., the following very valuable Properties: - .

ist. A Building Lot en the north side of Water Street, between Queen and Pownal Streets, fronting 41 feet on Water Street and running back 8@ feet, tegether with the Build- ings thereon. ‘this Lot has also a right of way of 10 feet in width from King Street.

2ud. A Building Lot on King Street im- mediately in rear of the above, fronting 42 feet on King Street and running back 80 feet, with a right of way tothe rear from King Street 10 fect wide. ;

3rd. A Building Lot on the south side of Dorchester Strect, between Queen and: Great Geerge Streets, fronting 25 feet en Derchkes- ter Street aud rnnning back &80 feet, with a right of way of 6 feet adjoining the eastern beundary the full depth of the lot. Terms at sale, :

WILLIAM DODD,

June 2, ’80—w 5s tu Auctioneer,

Wanis, Losi, found, Sc.

a Advertisements unden this heading, in space not exceeding half an inch, wiil be inserted for Ten Cents per day.

AA] cutee On Eastern Extension, N. 8, Stonecutters, Masons, Laborers, and Teams to haul stone. Liberal wages given.

J. K. & W. CG. McDONALD, June 5, 1880.—3in

} eoms to Let.—A Suite of Rooms over

J my Auction Rooms, suitable for Offices,

WILLIAM DODD, Queen Square,

GUSH Te LET—A _ comfortable Dweliing House on King Street, contain. ibg Dine rooms and kitchen, and with good yard and cellar. Rent moderate. Immediate pessession given. Apply te Wittram Dopp, } 5 2i

§ OST—On Saturday evening 22nd ult., on

the Malpeque Road, between Seven-mile House and Charlottetown, a Carpet Bag con- taining Brushes, Combs, Towels, Sponges, Overdraws, ete., trotting fits for horses. The tinder will be rewarded by leaving the same at J. D. MecLeod’s, or with the owner—Jamgs M, SQUAREBRIDGE. [jl

June 5, 1880. .—2in

AM FED-—A few permanent Boarders, Apoly at Mrs. J. R. McKenzir’s, King’s Square, next-door to the residence of Mark Butcher, Esq. {ma 21 6i pd

* Belvidere,’ cheap.

Apply to Isaac Gopkin, Edward Street.

[ma 25 tf £EGTSE TO LET—At Head of Prince

Street, containing eleven rooms; also a Tenement House containing seven rooms, Ap- ply to Miss Grecor, Upper Prince Street.

[ma 22 2w pd

rq\e LiT—A New HOUSE on Weymouth Street, nearly opposite E. J. Hodgson’s. Apply at this effice, [ma 22

rQX® LEP—Shop and Dwelling Heuse, with

a large Cellar and Warehouse, in a good business stand for general groceries. Will also sell Shop and Dwelling Furniture if re- quired. Apply to Joun McEacuern, Dry Gioods Store; or on the premises to Joun Me- Donap, Grafton Street. [ma 21 tf

© Le T—A pleasantly situated Dwelling House, with stable and garden, directly opposite the ‘ Dundas Esplanade,” West Sidney street. For further particulars apply on the premises, [ma 12

rEXO LET—A large HOUSE on King’s Square, with Stables, &c. Apply Glass Box 124, Post Office. {m 3 WO HOUSES TO LET—One con- taining 6 rooms, the other 5 rooms; situ- ated on Spring Park Road and Long Street.

Rent moderate. Apply on the premises te James McLron,

[ap 30-

ae