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om ee tae Ce rrr ‘5 v te at f

Salos Agants of tha Daily Braminor.

Taz Ditcy Bxamtver is for sale every day en the trains e1st sud west, and at the foilow- ing places! —

H. A. Harvis, Charlottetown.

A. UV. HasZaRp, -

T. CONNELL, oe

T. L. CHaver 18, oe

8. T. Neimgs .

P,. N. Pars, cor. Pownal and Euston streets.

G. A. AITKEN, Georgetown. ,

BD. ScTHerRtaNp, Souris East.

A. McAvtay, Head St. Peter's Bay.

D. Eeax, Mount Stewart.

H. Beer, Southport.

Gao. U'NRILL, Halfway House.

Morton 8. Hvours, County Line Station.

Epucxp Campseit, Prince County Book- store, Summerside.

W. D. McNaitt, Alberton,

Jomn J. Ananzavx, Tignish.

THE Daity EXAMINER,

FEBRUARY 10, 1879.

—— _—

PITCHES.

It is not pleasing to be always calling at- tention to the derilection of the Local Gov- erament. But we cannot help censuring the officials who leave the highways full of pitches. The pitches around the city seriously incommode the travelling public. To haul an ordinary load over them-—to drive over them at ordinary speed—is, we are informed, impossible; and no effort is being made to abate them. Even in town there are pitches which remain day after day without being levelled.

—<— os ——-

SUPREME COURT.

ALLBY VS. DUCHEMIN (CONTINUED. ) Fes. 8, 1879.

ArcHIBALD WHITE, senr., sworn—Tes- tifies that a one-horse power will make more

noise than an eight er ten horse power;

engine. Has been at Mr. Duchemin’s Steam factory. Should think the ma. gsinery going in Mr. Ducihiemin’s factory would be no annoyance to Mr. Alley’s house. Should think the jig saw would cause the most vibration. Don’t think the jie would shake the ground or Mr. Alley’s use.

Epmunp Ducuemin, sworn— There was a large circular saw, one small circular saw, ene planer, one boring machine, two lathes, and a jig saw in the year 1853. The weight of the jig saw is 25 pounds. It has a counter balance. The largest saw in the old factory was eighteen or nineteer inches. There was heavier work done in the old factory than in the new. There was a larger busi- ness done in 1853 than at the present time. The lignumvite saw in the old shop made more noise than any machine at present used. We have not used a mor- ticing machine in the shop since 1860. We had a factory on the South-east corner There was a chimney on that, and Mr. Ally complained of the smoke and we put a pipe on it to carry off the smuke. The pipe was blew down a wonth before we came into the new factory. Since the ivjuncticn was laid on our factory, I noticed smoke rise from the kitcheu chimney, blow towards Mr. Alleys house and surround the rear part of it: When this took place the wind would be in a southerly direction. I never saw any smoke from the tall chimney

ing within ten or fifteen feet of Mr. Alley’s yard. ‘I’ e tall chimney was not effected by the Chapel. Saw the smoke from Mr. Alleys own chimney, coming down down on to the street. The brass foundry was situated at the rear of where the new shop now stands. The brass foundry ceased operation about four years

I have stood over the engine when she was working, and I would not know that she was working. Iam hard of hear ing, and can not hear the planer working nor any other machine in the shop, except the jigsaw. I never found any shaking of the earth outside the shop.

JUDGE PETERS’ CHARGE—CONDENSED.

Fss. 10, 1879.

THE FIRST QUESTION FOR THE JURY. Whether the plaintiff's enjoyment of his dwelling house, mentioned in the bill, was sensibly diminished by the nuisance (if any) carried on by the defendants! This, the first question, is the most material. Now, how auch injury constitutes a nui- sance! The law of England on this point is the same as that of Anciest Rome. Every man may comfortably enjoy his own right without injuring his neighbur’s enjoyment. This principle ramities all the laws. In the country you have perfectly pure air, but in the town you cannot have it so. But the fact that the air of ths town is not so as of the country, does’t justify a man in putting up a factory and polluting the air with smoke. A townsman is permitted to enjoy the air as it ordinarily is in town. One or two particular men in the town may not endure auy particular inconvenience. If a man burns something in his own house which develops dense masses of smoke, or sducea an offensive smell—dust or noise —~s» that he interferes with the coinfortadle enjoyment of his neighbor, he is guilty of eommiiting 2 nulsince. But it is enly when you du something extraordinary that you commit a nuisance ; and the injury must be so extensive as to produce pecuniary loss or physical discomfort to yns of ordinary health. Now, is the noise, etc., complaino! of ia this particular case so gcvat as to produce suc: discumfort and loss. Dr. Jenkins cestili-s that the noise would interrupt conversation and would endanger the health of Mrs. anl Miss Alley, and he says he would not live in the house while it continues, Mr. W. w. Stumbles, Jr., says tas noise «nite the

oan Me ot uncomforta!:L>.

when he awoke he heard a sharp fumbling sound. It was loud enough to prevent ordinary conversation. ‘he vibration | caused articles in the room to shake. Mr. ‘Reddin says he heard the noise, and it {would be very uncomfortable to live in | such ahouse. James A. McDonald says,

jit without the noise.” ! 'tinuous,” he says. The next witness is Mr. Charles Heartz. Mr. Geartz is a little theatrical, and perhaps his statements are exaggerated, but he evidently heard some- _thing to attract his attention when he passed jby. James Heartz says he would not like to live in the house while the noise continued. James Brown-a very respectable man— says he would not rent it if he could afford, such a house as that of Mr. Alley. Cardiff, the brickmaker, would not like to live in the house. Mr. Dodd says he could feel a vi- bration and trembling all over the house which shook the utensils on the cooking- stove in the kitchen. Sarah Alley and her sister say the noise was the worst thing of ail, and the s:noke from the new factory came in so as to cover the breakfast table, On the other hand, the witnesses say that they do not think the noise and smoke could produce inconvenience in Mr. Alley’s house. it appears that other mechanics are afraid that the result of this suit, if de- cided against the defendants, will result in the closing up of their factories. But the law protects them if they do not injure their neighbors. But their evidence is all a matter of opinion. And if the other wit- nesses have not grossly exagyerated the state of Mr. Alley’s house while the machin ery was in motion, then there must have b.en aa inconvenience to the inmates

THE SECOND AND FOURTH QUESTIONS.

Whether the working of the machinery used by the defendants in 1853 made as much noise as now proceeds from the ma- chinery used in the present factory? W. W. Stumbles says, on this point, that he lived with Mr. Alley and that he slept next the blockshop during tive years—from 1862 to 1867 ; he never remembered hearing the noise in Alley’s house except when the win- dows were open. Alexander Allev, who lived with the plaintiff upwards of twelve years, says there was not the slightest in- convenience in 1353. The question, you must remember, embraces the continuous- ness as wellas the loudmss of the noise. Judge Alley, Henry Smith, and Mr. Alley himself—all testify that they never heard any particular noise from the old factory. But Albert Duchemin, on the other hand, says there was very little difference in the noises of the old and the new factory. Other witnesses say that the lignumvite saw could be heard as far as St. Paul’s Church. The evidence is conflicting on both sides, and you must only use your own common sense. You must consider, too, whether the injury from the noise is in creased by the fact of the honse being nearer to the new factory than to the old. Sup- pose that you decide the noise is the same. itmay be that the effect in Alley’s house would be very different. The new factory is built upon piles, and it may be that the vibration is greater than it would be if the building were set upon a solid foundation.

Whether the noise and vibration felt ur experienced in the house in which the plaintiff resided in 1853 was as great as the noise or vibration felt and experienced in the present house.

THE FIFTH QUESTION.

Whether the plaintif’s enj»yment of his property was sensibly diminished by the smoke issuing from the defendent’s present factory! The defendant's say that the smoke goes into the house from the other houses surrounding. But the plaintiff is under the impression that it comes froin the factory. It is for you to consider which is right. THE SIXTH QUESTION.

Whether the plaintiffs enjoyment of his property was diminished to the same extent hy the smoke issuing from the factory used by the defendants in the southeast corner of his lot from 1872 to 1878, as it is diminished by the smoke from the present factory ? There is no doubt about this question. It is admitted that the nuisance from smoke was greater from the old factory than fro: the new.

THE SEVENTH QUESTION.

Whether the Plaintiffs enjoyment of his property (if it was diminished) was dimin- ished to the same extent twenly years ago as itis diminished by the working of the present factory.

This is another question submitted ftoyour judgement. Looking over the whole case, ail I can say is this—the Judge has declared the law and the jury is to decide according to the evidence. You have nothing to do with the question as to whether or not all the factories in this town will be put down by a decision against the defendants. The plain law of the land is—that if a man can- not carry on his business without injury to his neighbor, he. must move to another place.

cionaraiiel te tihieesedisero The Northern Light.

Nothing has been heard of the Northern Light since she left Georgetown on the ‘exploring expedition” on Thursday last. Messrs. Irving and Muttart telegraph that she would have no difficulty in crossing be- tween the Capes to-day.

Small-Pox at Alb3rton.

Desrire all efforts which have been made to the contrary, this loathsu.ne disease con- tinues to spread in Alberton. We are credibly informed that there are eight cases at presant in that village, and four deaths have taken place sinve Friday.

Go one yo all to St. Paul’s Schoolroom this evening and assist Mr. Earle in getting up a musical society in thia city. This being a meet- ing for business, gentlemen only are e<pect-

Robert Young |

ed. Welearn that upwards of sixty ladies and geatlemen have formed already, that is

rris testify to the same effect. ' needed now is a good committee and secretary Mr. Brehaus slept there all night, and ta make it a success.

‘If { were renting it I would give more for; Spiritual Director—Rev. Stephen Phelan

“The noise is con- ,

ws? = €

Mt. Patrick's ‘T. A. Bociet¥.

A weetiwe of St. Patrick’s Total Abstin- ence Seviety was held in St. Patrick's Hall, on Sunday evening, the 9th inst., at which the following Officers were elected for the

ensuing year :—

re-elected.

Seectaiadt Maltin Blake (re-electéd. ) lst Vice-President —John Leahy (re-

elected. ) s

Ond Vice-President—-Thomas Flynn (re- elected. :

Sonitiins Secretary--Richard Walsh (re- elected. )

Corresponding Secretary—Charlea J. Me- Kenna.

Treasurer —Francis McRory. ae

Managing Committee—Simon Higgins, Francis Murphy, Patrick Treanor, Michael Kelly, John Madigan, Francis Treanor, Thomas McCabe.

Investigating Committee—Rev. Stephen Phelan, Maurice Blake, Bernard MeQuillan, John McAleer, Thomas Flynn.

Marshalls—Francis Treanor, chief ; D. J. McCarthy, Francis Keenan, Michael Power, Patrick Boylen.

Standard Bearers—Stephen Toal, James H. Purcell, Nicholas Collins, Patk. Hand,jr., ‘Thomas Hogan.

Committee on Resolutions—Jas. Hughes, Michael W. Smith, Andrew F. Murphy.

This Society was organized five years ago, and has now in Bank the sum of $900, and owna property amounting to about $660. It is the intention of the members when they have $1000 on hand, to use the interest on that amount, and all monies which may be cvllected for dues, ete., for the relief of the poor.

ee -_—

The Presbytery.

At the meeting of the Presbytery on the

——

ed for New London: Rev. Mr. Gunn on the 3rd Sabbath of February, at Long River at 11 o'clock, a. m.; in Clifton, at 2} o clock, and in Summerside at 64 o'clock, p. m. ; Rey. Mr. Scott on the 4th Sabbath of the same month; and for the month of March, Rev. Mr. Cameron on the Ist Sabbath, Mr. Allan, 2nd Sabbath, Mr. McLeod, 3rd Sat- bath, and Dr. Murray, 4th Sabbath. The following supply was appointed for Belfast, viz: Mr. White till 3rd Sabbath of Feb’y, f and Rev. A. Brown from that date till the end of March. A letter was read from Mr. A. Stewart intimating his acceptance of the call to Belfast. The Presbytery agreed to meet in Zion Church on the 2nd Wednes- day of March, at I2 o’clock, noon, to hear Mr. Stewart’s ordination sermon. $$$

Gas vs. Electric Light.

The London Journal of Gas Lighting (Jan. 14) says :-—

“The electric light may, at the present time, almost be considered dead ; but at all events it has had one very good effect, it has roused the gas companies ; and not the least consequence is the display made by the Phoenix Company, which clearly demon- strates that gas can successfully compete with electricity.

‘‘The Phenix Gas Company, under the direction of their engineer, Mr. Corbet Woodall, made a bo!d experiment on Satur day evening last. They confronted the electric ight with Mr. Sugg’s new burners, and we may be excused for expressing a strong opinion that the new burners give a superior light to that afiurded by the elec- triclamp. We can express an unqualified opinion that the lights, as exhibited at the , corners of Stamford street, York Road, and the *‘refuges,” were superior to the electric light. Taking it altogether, the experiment | made by the Phoenix Gas Company is em- inently successful. It is satisfactory tol learn that the cost of this greatly improved illumination is not much in excess of the old system. Of this more will be said anon, when we possess fuller details; but whatever it may be, if the interests of the travelling public be considered, we are perfectly cer- tain the authorities will be in favor of the| light affurded by the gas company. The beauty of the light and its diffusibility can- not be dispnted. Demonstrations of a sim- ilar kind are shortly to be made by the Chartered Company.”

a ——— Eee - Special Notices.

VALENTINES ! VALENTINES !—Just received, by mail, the best and largest assortme:.t in the’ City, from one cent to one dollar each. Come one, come all, before they are «one.

T. O’ConnkELL, Queen Street American Variety Store. feb 10—6in

Harp Times —Mowgy Scarce.—You can get good Photographs made at Lewis’ for $1.50 per dozen ; also, 4 good Tintypes for 50 cents,

Ger your Pictures Framed at Lew:s’. arge Pictures— 22x28—framed for $1.25. All Sizes in proportion. Motto Frames, 40 and 50 cents each.

For the Skating Carnival, Domino and bright gauze masks, at Haszardgs Bookstore. — 3 in

Ten barrels Fresh Oysters by rail to-day. Step into the Brzutve and get a boss Stew—3i

CRANRERRIES only 8 cents per quart, at W. F. Carters—lw

VALENTINES, new style, for 1879, at Has- zard’s Bookstore, Queen Suuare, West.— 3i

Pickies, in buik, 12c. a pint, at Beer and Goffs

VALENTINES have just arrived at Kent Street Book and Stationery Store. Nice Scented Satchels. Between Great George and Prince Streets, near Mr. Sellar’s Grocery.

Feb. 7— S. T. NEvMEs.

Curier’s Pocket INHALERS cure Catarrh Bronchitis, Asthma, Hoarsenéss, and all dis- eases of the throat and lungs. Sold at the Apothecaries’ Hall. jan 2i—tf

WaHsrRE can you get. the best Boots and

Shoes for the least money? At Gass’

* . ass Cael

HENS

5th inst, the following supply was appoint- |.

BY TELE $$

Lonvon, Feb. 8: wilig |

Tne Admiralty publishes the follo

statement :-— — ‘The committees appoin V the disaster on H. M. ironclad ‘*Thuuder-

r’ hate discovered that the yun which ex- ploted had already been luaded with oo extra charge, which missed tire when a fa charge was inserted and fired, and the ex-

losion vccurred.” j A cable special, dated Tashken Feb. 7,

says that Shere Ali is sick at Mazar Shit , and has abandoned the journey to Tash- kend, sending ambassadors instead.

Tae Russian General Rasnariff, who 1s visiting Aiguanistan with the nephew of Shere Ali, tne ambassadors and the Vizier wili reach Tashkend by the 20ch.

It is estimated that, from 30,000 to 35, 000 men are on a strike at Liverpool. The demeanor of the crowd yesterday was, most threatening, in consequence of the sailors joining the strikers. wie

‘The laborers employed in the provision trade also struck. At Waterloo Dock a mob broke up the staging and did much damage. Aiter they were driven off by the pelice, they attempted to storm the gates.

—

ted to investigate

Prince Edward Island. IN CHANCERY.

HENRY JONES CUNDALL,

Administia or cuin Testamenfo annexo of the jast Will and Testament of Jono Hudges Winsloz, deceased, Jot Hodzes Winsioe, Alfred Wiusloe, Altice Hyudman, formerly Alice Winsloe, aud Albert Hyodman. ber busband; amy Winsive, by tienry Joves Cundail, hes guardian; lsubel Winsloc, by Henry Jones Candall, her guardian; and Ar- thur Winsive, by Henry Joues Cundaill, his guardian; Aun Sinith, Edward Jarvis Hodson, and Kobert Robiusvun Houdgsou, T.ustees, under the marriage settlement of the said Agu Smith and Ame.ia Evans, and Syduy Tador Evaus, her husband, complaiuan.s,

AND CHARLES GREEN, Defendant.

N pursuance of a decree made in this suit by His Honor the Master of the Rolls, Dearing date the sixth day of Febru ary, A. D. 1879, there will be sold by Pub- lic Auction, on Weduesday, the twenty- firs! day of May next ensuing, at the hour of twelve o’clock, noon, in the Supreme Court House, in Charlottetown, in Queen's Seunty, all that tract, piece, or parcel of lain.d situate and being in Lot or Township Number Twenty four, in Queen’s County, in the said Is!and, bounded as follows, that ist Say :—By a line commencing ata stake fixed in the southwest side of the New Glasgew Road, in the north angle of land now or lately in the occupatiow of Donald McDonald, and ruining thence by the mag- uetic meridian of the year 1764 south, ifty-ci-ht degrees west, one hundred chaias; thence northwesteily parallel with the New Giasyow Road afvresaid ten chains; thence north fitty-eight degrees east i> the said Roat; and thence along the same Southeasteriy to the place of com- mencement, containing one hundred acres f land, a little mu-e or less, tegs her with all the righ!s, easements, and appur- tenanc 8 therero belonging, Dat.! this tenth day of February, 1879. J. LONGWOuTH, Master in Chancery.

E J HODGSON, S Jicior for Co nplainants. F. b. 10, 1879. 3m-taw

To Inventors and Mechanics,

pares TS and how to obtain them. Pamph- let of 60 pages free upon receipt of stamps for postage. Address GILMORE, SMITH & C©O., Solicitors of Patents, Washington, D.C.

CATARRE.

Constitutional Catarrh © Remedy CURES CATARRH.

Hear what a Reverend Gentleman says of the Constitutional Ren.edy.

T. J. B. Harpine, Esq., Brockville, Ont.:—

Dear Sir—It is now two years since your “Constitutional Catarrh Remedy” was intro- duced tome. Ihave waited this long to see if the cure would remain permanent before do- ing this, my duty, to you, as at first the happy

ects seemed to me to be “‘too good to be true.”

I was afflicted in my head for years before I suspected it to be Catarrh. In reading in your Circular I saw my case described in many par- ticulars. The inward ‘‘drop” from the head had become very disagreeable, and a choking sensation often preventing me from lying long, I would feel like smothering and be compelled to sit upin the bed. My health and spirits were seriously affected. When your agent came to Walkertown in August, 1876, I secured three bottles. Before I had used a quarter of the contents of one bottle 1 found decided re- lief, aud when I had used two bottles and a third. I quit taking it, feeling quite cured of that ailment, and have not used any since until of late I have taken some for a cold in my head.

A sense of duty to sufferers from that loath- some disease, Catarrh, prompts me to send you this eee unsolicited, with leave to

ew use of 1¢ yon ma el tal y y see proper. . TINDALL, Methodist Minister. Port Elgin, Ont., Aug. 24, 1878. oe

—_

Ask for Littlefield’s Constitational Catarrh

7a a take no other. . J. B. Harpixe, Domini “ dis. tae vminion Agent, Brock

For sale by all i t sie bettie y all Druggists at only one Dollar

ee

BUYIN. . . . ». TRY IT.

GRAPH

= entann abs “TR

NOTICE

lrwWWHE ANNUAL GENERAL MEETING

of the oe in i ‘nce Marine insurance Contpan will be held at their Office, in Charlottetowa, at 3 o'clock, p. m., on WEDNESDAY, ~ 12th day of March next, mm com liance W the Act of Incorporation. By order. :

FRED. W.°AHYNDMAN,

( bbls. ‘‘GREENHOLM,”’ 2() 100 bbls. ** CAMLACHIE,” 100 bbls. “‘ NORVAL.”

A consignment for sale at», bargain, for

cash, : Wright & MaeGowan, Queen’s Wharf.

February, 8, 1875—taw for 2m

NOTICE.

WING to ill health I shall be unable. te return to the Island before March. and I would respectfully request my customers te reserve their orders until that time. Mean- while any party fearing to communicate with me can do so by ressing letters to Post Office box 188, Montreal. — JOHN H. CATHRAE, Agent for Reinach’s, Nephew & Co., Teas, london, England; Wilson, Matheson & Co., Dry Goods, Glasgow. Feb. 3, 1879—6i pat 2i :

Creat Cash Sal

—OF—

DRY Coops,

CLOTHING, ETC

en eee

The Whole Stock in Trade OF THE LATE ROBERT ORR,

—TO BE—

SOLD OFF AT COST,

~——CONSISTING IN PART OF—

Dress Goods, Shawls, Mantles, Millinery, Silks, Velvets, Hosiery, Gloves, Linens, Winceys, Shirtings,

Sheetings, | Prints, Grey and White Cottons, Hats and Bonnets, Furs, - Blankets, Flannels, Pilots, Beavers, Coatings, Tweeds, etc., etc. ete,

Readymade Clothing Hats, Caps, Linders and Drawers, Scarfs, &c,

ee

Cotton Warp, Small Wares, Xe.

The above Stock must be cl from this date, and ‘our Dubieinen ek ri

public genera!] ; : Bargains, Sn HARA FP Om, gatting

John McPhee, Administrator.

Charlottetown, Feb, 4, 1879,

A GREAT RUN

-——-TO THE—

FLOUR & TEA STORE!

And it cannot be stopped while they are selling

SUCH EXCELLENT TEA

For 36c., 40c., and 440, per Ib.

GOOD SUGAR

For 7he., 8c., Sic., and $e. per Ib.

From $5.50 to $6.09 per bbl., and

UTHER GROCERIES

RIGHT CHEAP.

ee

TBSCRIBE for the DAILY FX ASIINER the Cheapestand most ner Paper published in the ovine. —

s@ Save your money by buying at

BEER & GOFF’S,

Uh’town, Janu. 17—

CHOICE FLOUR

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