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en

Resienainal — hears

ee s.

ne OA OOD AA

DAILY ISX AMINER.

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THE ER.

APRLL 9, Los0.

- a = —-

Law and Equity.

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Tur Patriot of yesterday contains quite 4 lengthy article, under the head of ‘ Leg- islating for his clients,’ in which an at- tempt is made to prejudice the passing of a bill through the Leyisiative Counei), which has been passed by the House of Assembly. The object of the bill is to remove doubts which have arisen respecting the validity of writs of execution isSued in blank by the officer of the Court, and afterwards filled up by the atiorneys. The editor of the Patriot admits the necessity of the bill, but claims that pending suits should be ex-

cepted from its operation. We held, that

ee aed WE ee _ a ern

‘

signed and sealed, few purchasers at Sher-

iff's sales will feel easy about their pur- | If the judgment debtor has no FAXTE ANNUAL MEETING of the Con.

writ | -

chases.

other that the

defence than

was issued in blank, whatever may be his jor), inst., at half-past seven o'clock.

position legally under the decision of the Court, the equities are certainly against

him. Weare not aware of any special pro-

visions in the bill respecting the clients of | the Attorney-General more than the clients

of any other member of the profession, The case of Ramsay vs. Reid is still pending, and we do not know that the At- torney General is engaged in it. If in in- troducing the bill the Attorney-General has made it applicable to pending suits, he has only followed the precedents of very high authorities. The Statute 9, Geo, 4., ce. 14, enacts that no acknowledgment or promise by words only, shall be deemed

if the Legislature are justified in passiDg | guficient evidence of a new or continuing

the bill ac all, there should be no exception | nontract whereby to take a case out of the | pPeNDERS FOR IRON BRIDGE

. . 4 2 » : \+ io : . 2c “ “sy +2 ‘ of pending suits, and we think it does not) Statute of Limitations, unless the promise )

require a great amount of perception to dis-}) in writing, and signed by the party.

; : - 7 a cover the fallacy of the Potriot's reasoning. | jden, and at the first sittings at Guildhall,

The Patriot states that the decision In

. : es ot ° .

Ramsay «s. Reid was that a writ of exect-| after it became law, he, ™ - e*? ,

tion issued in blank, and «fterwards filled |

up, was ** void and of no etlect whatever, and further on we find the following :— “This Bill, if it did not embraee cases which are now before the Courts awarhing their decision, would, 1 our estimation, be a ood one, a3 a great many titles tolands in this Island would otherwise be rendered doubtful, and to remove doubts of this kind, such a Bill would seem a necessary one ; but, if such a course as this is once adopted of ce ciding by - post facto legislation cases awaiting

judgment in our Courts, one of the main ob- jects for which Courts were iustituted, name- ly, to decide the respective rights ef suitors under the law, as it exists at the time their suits are commenced, will be defeated.”

If such decision be correct, and a writ of execution issued in blank be ‘‘void and of no effect whatever,” it must be quiteclearthat no title could possibly pass by the Sheriffs, deed executed by virtue of such a writ, ana the unfortdnate purchaser, having paid his money, would acquire no more title to the lands of the judgment debtor, than he would to the lands of the execution creditor, or of any other person. If the Legislature passed an act declaring that the lands owned by A.B. should, after the passing of the Act, become and be the property of €. D., without consulting A. B. in the matter or giving him aay compensation, it would be such a flagrant violation of every principle of justice that every right-:ninded person would rebel against it. But if the reasoniny uf the Putrivt be fellowed to its logical coaciusiou,the passing of an Act,even eXceplins pending suits, to care the defects in titles tv land sold under executions issued in blauk amounts to abuut the saine thing. Before tie passing of che Act, the purchaser acyuired no tithe whatever by the Sheriff's deed, after the Act lands to which he had no title before are vested in him, without the consent of or compensation to the per- gon fron whoa they are taken, and yet the Puiriot saya, except as to pending Suits, the Act ‘‘ would seem a neces sary one.” Why the existence of pend- ing suits shouid alter the principle, the Patriot has not seen proper to enlighten us, and we are at a total loss to discover. Li it be proper to pass the Act at all, the person who has brousht his action is surely as much entitled to its benefits as the one who has not. [sit such-a criminal matter in the opinion of the Patriot to bring an ac- tion to recover what you purchased and believed to bo yours, that you are to be placed ia a diiferent position froin others Similarly situated who have not brought actions! it may be sufliciently clear to the reasoning powers of the editor of the Patrivt, but to those who have not been equaiiy endowed, there inay be some little difficuti y in accepting it as satisfactory. We do not presume to question the decisions of tho Supreme Court in tho matter, but t> minds not, versei in the scholastic reasoning upon which too many of its de- eisions depend, it would appear of little

moment whether a writ were filled up be-

fore or after it was signed and sealed by the officer of the Court, provided it appeared to be regular on its face. If the Sheriff pro- duces to a gentleman a writ, apparently reguiar, it vughtto be some guarantce that the Sheriff is authorized to transfer to the person who pays his money for it, what- ever interest the debtor may have had in in the property. The purchaser, let him be ever su vigilant, has no means of ascer- taining whether or not the writ has been reguiariy issued. If he applies to the At- torney who issued it, itis not reasonable to suppose he will get a confession of want of professional ability ; and yet the pur- chaser is to be responsible for irregulari- ties which he has no means of preventing or even discerning. It may be law but it @2riainly is not justice.

The title to a very large portion of the lands in this Province is evidenced by Sherii’’s deeds, and if the validity of the title <:epends upon the recollection of a law- yer's clerk whether or riot a writ,apparently

raguley, was filled up ixfies or after it was

This Act was introduced by Lord Tenter-

in trying a case, tym : nonsuited the plaintiff because he had

not the promise in writing required by the.

Act, although the action was commenced be- fore, but was not tried until after, the Act be- Hutlock did a sim- Now

there cannot be any doubt but that, in both

gan to operate. Jaron

ilar thing at Carlisle in another case.

cases, vested rights were taken away by the Legislature, without any coinpensation ; for had the Act not been passed, the plaintiffs would have recovered the verbal promise. Lord Tenterden did not think it necessary to except from the operation of the Act, pending suits, er even existing verbal contracts.

The Legislature of the Dominion, in

upon -

| 1879, passed an Act so far affecting pending

suits that, had it not been passed, the de- cision in Ramsay ts. Reid might possibly be very different from the existing decision.

The Act before our Legislature is not in- tended to affect vested rights, but to cure what is deemed by some of our ablest law- yers, a@ mere irregularity in procedure.

lf we differ frum the Patriot in thinking that the main object for which courts were instituted, is to decide the rights of suitors according to the law existing at the time the decisiun is given, and not at the time the action was commenced, we can only say that it is the principle upon which the Courts have hitherto acted and if. they have been wrong in so doing, the error may possibly be mitigated, when it is re- membered that the precedent existed before the Patriot assumed to be an authority.

2e>

Iris said that an ‘‘income tax” is odious,

but it ia just, endininttidattitreards

Tarirr CHanoes. —The following changes were announced by the- Finance Minister, on the 6th instent: Emery wheels (now 20) tobe 25 p.c. Gold and Silver Leaf (now 20) to be 25 p.c. Malt, (now 2c. per ib.) tu be 15 ec. per bushel, upon entry frum warehouse, subject to ex- cise regulations. Paris green, dry, to be lap. ec. Blasting powder for various use, British Columbia, drawback of L$ cts. per lb. for three years, from April 1, 1880. Castile soap,1$ cts. per lb. addition

UNDER an income tax exch man has an

equitable share of the public barden. siiapninaiieaaieibiiensan i

On Thursday night three daring larcenies were committed in the city. Two overcoats were stolen from the hall of Mrs. Rankin, two ivom the hall of Hon. $V. \¥. Lord. one from ‘ne ballof Mr. Hugh Perkins. Late on the saine night to boys, named John Walsh and francis Vogherty, were arrested by the police the coats stolen from Mr. Lerd’s were found with Dogherty. He was examived by th: Stipendiary Magistrate this morning, and committed for trial in the Supreme Court for iarceny. Walsh was remanded to jail for further examination. The coats stole irom Mrs, itaukin’s were found by the police ina house on the West side of Pownal street this morniig,

aetna

Tue greater the uumber who pay taxes, the

lighter the burden of each citizen,

ee

Tur great attraction of the day seems to be the!15 Puzzle. [thas a wonderful fascination for every degree of intelligence, aud for all grades of society. Old and young are equally en- thusiastic. There are four combinations in the Puzzle, some of which seem to he equal to the famous Gordian Knot. They are to be had, and the combinatious explained, at J. Newson’s Furniture Store. Price 20 cents and upwards,

Jous Joskra 1s Lvex.—Through the death of a Newfoundland relative, ‘‘ Joe Hogan,” of this city, has failen heir to prop- erty in St. John’s, Newfoundland, valued at $2,000. Joseph leaves shortly to take pos- session,

Crrizens generally will be benefitted by the income tax, because many who have héreto- fore escaped taxation will, under it, beara share of the civic burdens.

JUDGE MaksHALL, ef Hahfax, died on Wednesday morning, in tho $4th year of his age.

_ A Warts OWL, snared in one of the ontly-

ing country districts was a centre .of attrac-

tiun at the market to-day. = oe -

Tre market to-uay was the largest for three months.

ee piateincbinttatinntisingil

Witp Gresk are now very plentiful.

Th eel for G0 conte. 4

rs “

aS ” tt tent me os we

St. James! Church.

gregation of the above Church will be held in St. James’ Hall, on MONDAY NEXT,

ROBERT SHAW, ' Secretary to Board of Trustees. | Oh town, April 9, 130.

| THE 15 PUZZLE.

LL the rage. Great fascination for all. | te. Develops arithmetical sourees in child. lren, _On sale and explained at

J. NEWSON’S, Ch’town, April 9, ’380-~3i

ae a er eee an

nn NERO

|

\ i

vee, Canadian Pacifle Railway,

|

SUPERSTRUCTURE,

i

TEXENDERS addressed to the undersigned will be received up to noon of FRIDAY, the 15th MAY next, for farnishing and erect- ing Iron Superstractures over the Eastern and Western outlets of the Lake of the Woods,

Specitications and other particulars will be furnished en application at the office of the Kngineer-in-Chief, Ottawa, on and after the 115th April.

By Order; F. BRAUN, Secretary. Durr. ory Rattwaya & CaNats, }) ap 9, 2awtl Ottawa, Ist April, 1880. | | May 15, fw

WELLAND CANAL,

Notice ta Bridge Builders,

————— <n!

SYEALED TENDERS, addressed to the = undersigned (secretary of Railways and Canals), and endorsed *‘ Tender for Bridges, Welland Canal,” will be received at this office until the arrival of the Western Mails on TUESDAY, the 15th DAY Of JUNE NEXT, for the construction of swing and stationary Bridges at various places on the line of the Welland Canal Those for bigh- ways are to be a combination ef iron and

be of iron.

Plans, specifications, and general conditions can be seen at this oifice on and after MON DAY, the 3lst DAY OF MAY NEXT, where Forms of Tencer cau also be obtained.

Parties tendering are expected to havea practical knowledge of works of this class, and are requested te bearin wind that ten- ders will not be coasidered unless made strictly in accordance with the printed forms. and—in the case of firins—cxcept there are attached the actual siguatures, the nature of the occupation, and residence of each member of the same; aud further, an accepted bank cheque for a sam equal to $250 for each bridge, for which an offer is made, must ac company each Tender, which sum shall be forfeited if the party tendering declines enter- ing into contract for the work at the rates and on the terms stated in the offer submitted.

The cheque thus sent in will be retured to the respective parties whose tenders are not accepted.

For the due fulfilment of the contract the party or parties whose tender it is proposed to accept will be notified that their tender is accepted. subject to a deposit of five per cent, of the bulk sum of the contract —of which the sum-sent in with the teader will be con- sidered a part--to be deposited to the credit of the Receiver General within eight days after the date of ithe notice

Ninety per cent. only of the progress esti- mates will be paid until the eompletion of the work,

This Department does not, however, bind itself to accept the lowest or any tender.

By Order, i. BRAUN, Secretary. Dept. or Rattwars & Canats,} ap 9, 2aw tl Utiawa, 29th March, 1880. | june 15, fw!

| Farm tor Sale.

“HNO be Solid by private contract, §0 aeres of valuable Land, about i0 of which is cleared, situated on Lot 35, near Johnson’s | River, adjvining the Farm of Mr. Peter Mur- iphy, intersected b the Donagh Road, and warked on the plan of Lot 35 in Meacham’s Atlas, with the name of *‘ Wm. Needham.” For title, terms, &c., apply at the office of Messrs. Loncwortn & SHAW. April, 8, 1850—3i

BONE DUST. NARMERS and GARDNERS reguirin the above valuable fertilizer should aia their orders in at once, as but a limited quan- tity will be ground this season—and it is now selling fast--$2 per 100 pounds, FRED. W. HYNDMAN. April 7, ’S0—3aw, wkly, pat 2i

BEDEQUE MAILS.

SHE MAIL FOR BEDEQUE leaves this

wood, and those for railway purposes are tof

Pg eee

PEAKING &

CONTINUE TO OFFER

IN ALL KINDS OF

Staple and Fancy

DkY GOUDS.

Our Stock of the following Goods is complete, and marked at the very lowest prices :

White Cottons, Grey Cottons, Printed Cottons, F'leecy Cottons, Cotton Battings.

NEW SPRING

TWEEDS.

We have just opened our New Spiing Tweeds, and can say we have the

Very Best Vaius in the City,

immense Variety of Patterns io Choose from.

ROOM PAPER,

-—OF-—

English and Canadian Manufacture,

A large variety of Patterns, and very Cheap.

Qur Carpet and Oil Cloths

GOOD VALUE.

City every TUESDAY, THURSDAY! and SATURDAY MURNINGS at 6 o’clock. | } Parcels, etc., for Ponshaw, Crapaud, Cape: Traverse, and other places along the route, will be lett at the tiore of M. McQvarp, Queen Street (Opposite Telegraph Office.)

The Mail Stage aflords goods passenger ac- commodation, These wishing to secure passage will consult with the undersigned on

Freight and Passenger rates very low. PH'LIP I. McMAHON, .Ch’town, April 8, 1550. Courier,

the evening previons to starting.

the BXAMIN ies PRINTING ROUONS.

aa place to get your Printing done is at,

CKUMS & STEN,

Marth 2 1830.

SENS

EXTRA G00D VALUE

~

MAIL CONTRACTS,

oe addressed to the Postmaster. a ‘reneral, will be received at Ottawa, un. tli 12 o'clock noon on FRIDAY, 7th MAY

NEXT, for the conveyance of Her Majest ’ Mails on proposed eontracts, for four a hy from Ist July next, over each of the follow. ing routes, viz. : Bear River and Railway Station. Caledonia and Orwell. — Flat River and Selkirk Road. Fort Augustus and Southport, Little Tignish and Tignish, Millview and Vernon River Bridce. Monaghan and Pisqaid, 2 ‘lontague Cross and Murray Harbor Road, Moant Albion and Pownail. West St. Peter’s and Railway “Station,

Printed notices containing full information as to conditions of proposed contracts may be seen, and blank forms of tender ob tained, at the Post Oftices at which the an vices commence and terminate, sor at a office of the subscriber, .

W, - McLEOD, sst. P. O. I P. O. Inspector's OF ee, Charlottetown, | [aps 26th March, 1880, | § - 3i

— AUSTION SALE

FENHE Subscriber will Sell at his Ware. rooms, 52 Queen Street, on

Wednesday, the Vth day of April Next

at the hour of 11 o’clockdn the forenoon, the following assorted Stock -

15 half-chests TEA (Congou), 10 quarter-chests TEA, © 10 bola. WASHING SODA, 10 kegs CARBONATE SODA, 25 boxes SOAP, 10 cases MATCHES (10 gross each), 50 doz. Cornucopia SUAP, 2 boxes TUBACCO, 35 dozen BROOMS, 1 coil RUPE, 10 cases BLUE STARCH, 10 sets AX!.ES, 1 dez. DUOR BELLS, i piece RED PLUSH, Lot CAPS and RUBBER SHOES, 50 Butter TUBs, 15 bags NUTS, 50 boxes Muscatel RAISINS, 15 doz. Merton's PICKLES, 10 mats DA TiS, 1 bbl. DRIED APPLES, ] case PRESERVED BEEP, 1 keg MUSTARD, l case CORN STARCH, 19 boxes Nixey’s BLACK LEAD, 40 gross Millers SHOE BLACKING, 20 gross Bartlett's PEARL BLUE, 7 dozen LAMP BURNERS {assorted}, 5 dozen FLOWER POTS (assorted), Bdles WRAPPING PAPER, Paper BAGS, 12 Patent WASHING MACHINES, ete., etc., eta, 1 IRON SAFE (Vulcan), l do. (Kershaw & Edwards), 1 Double-barrel Breech-loading GUN en. tral fire. } Sundry Bankrupt Stocks, 200 lbs. Confectionery, lot Glass Bottles, boxes Paper Collars, 1 keg, Soda, lot Pipes, lot Tailow, 1 barret Molasses, Lamps, lot Blue and Cudbear, Lamp Chimneys, Nails, 1 set Brass Counter Scales, etc., etc. ALSO. | DARK BAY HORSE. TERMS AT SALE. B. WILSON HIGGS,

Anctioneer.

Ch’town, April 8, 1880—till sale

ee Se

Wants, Lost, Sound, Ve.

OST—On Wednesday last, a SILVER LEAF belonging to an Ear-ring. The finder will oblige by leaving it at this otfice. - {a 9, 3i

‘7\O LET--Good Pasturage for seven Cows, within a convenient distance of the city. Apply at this office. fad VO LET FOR THE SEASON —Large

Grarden in high state of cultivation, well stocked with choice fruit trees; centrally situated. Apply at this office. {a9

VOR SALE-—VIS-A-VIS WAGON, near-

lynew. Will sell cheap for cash. Ap- ply at this office. fad

ASTURE WANTED — Wanted to secure for the coming season, good pas- ture, with water, for twe cows. Applyiat this office, or address Lock Box No, 28, City. [a 9, 4i pd

ANTED—A GIRL to do yeneral

housework. Ayply at this office. [ap 7

House.” Apply to Henry Coomss, [a9 3i ‘a°O LET—Half of the Double Dwelling two doors north of the Athenzum, Prince Sireet. For further particulars apply upon the premises to Mrs, FE. Reiniy. [ad lw Te LET —On or about the first April, the

House now occupied by Mr. Benjamin | Davies, junr , fronting on Water Street. For information apply to W. W. CLarKxe [m 18 tf -

fyXO LET—To let, the first of May next,

. that new House now occupied by Mr. Bailey, neatly opposite the residence of E. J. Hodgson, Esq., Weymouth Street, near Hills- borough Square. Apply at the office of Scu- LivaN & Morson. [m ll

YO Li T—On the ninth of April, the HOUSE now occupied by R. Young ig. W. J. Boswa.. [fe

a

&® LET—TWO HOUSES—One contain- ing 3 rooms, the other 6 rooms. Apply to JouN STENTIFORD. {m 27, oaw tf

i

& HE place to get your Printing done is at tow eX AML Bae PRES TING ROOM®B,