—

THE DaILy EXAMINER.

“ This is true Liberty, when Free Born Men, having to advise the Public. may speak free.”—

MARCH 11, 1887

CHARLOTTETOWN, P. E. ISLA

ND, FRIDAY,

EURIPIDES,

SINGLE Copies Two Cents.

VOL. 19.—NO. 287.

Yi ji ~ } - equniner Las os | is ig by ‘ts ; ' hi « mop he fx Wi shi ug Oo \V iter ar Dp 7 Y ‘ > 1y y ,TVAT ‘ r ne aa BROWN’S BLOCK, QUEEN SQUARE. iy wt 4 My land, RIPTION~— is ter rH. 0+ 0 che Seeeeebas $2. 50 Bo ks ‘ller \ ° Dard . ™ : = 4 . aye : . r az? ee yss| OOKSeller, Stationer, Printer, Bookbinder. ine © 5G | ' ad | clini nlp ale or moothly, quar +t oGctie ' | vr ya _ . 29 Be . ts 4 ‘ . . or? 4 fr rr . . . teriy y y, ily a lvertis ments, | NX ow in Stock, a full line of the best English and American office STATIONERY of all _ ‘i kinds, for merchants, law yers, government offices, banks, and ladies’ and gentlemen's eens a oo ; private use. i NOTE, ue i PER and POOLSCAP PAPERS, in all kinds of qualities and prices, ALLMAN AU f FUR MARGH, 1887, = anging from the very che ip to the best English Vellums. ' ; a .. HBNVELOPSS, =. 3 \ uM ‘ N.F in All Sizes and Prices. Pali Mo . 9 AV. Ee] w } x re 38 . . roy , y : . “ : - : Last ( 0 Om . m., \\ a W ri mg on ( spying IN KS—St viford’s is the best, in all Size8 : but always keep ll a iS 2 s, | Stock Carter's ephen’s, Walker's and David's, —— | : ' ; : e a n! Hich'Dav’s | BLANK BOOK DEPARTMENT -Day Books, -lournuals, Ledgers, Minute Books, Xe.; D' nay © - ; i 4 “nf j also, a complete line of Poe tket Books, Ladies’ and Geat’s Purses, Memorandum and Pass Mt oe ee) ae 6 eee Books, Time Books, Bill Books, Invoice Books, Letter Books, &c., always in stock. nimern h m| [have now im stock a splendid line of Pi ann for Blank Books of all sizes, which will | } [ue ti 9 52) 2 910 58) e made to order, in any style, at very Low Pric >» Wednesday i310 20: 2 S411 1 oo idlat 25 14} s/s wRLL Eri d Find: @ LDU | ’ ited iat 23 Ma} 8 ins, Printing an in ing, ~ a l 2; 6 37 1] j sa § Sanda: 34 2.9) 7 52 14] to suit any kind of business. ~ 8S 32 1s] : : oli 4 41! 9 42 21) A Large Stock of SCHOOL STATIONERY, SCHOOL BOOKS, &c. ey : 2; 6 OO BM 27 4 7 18ill 27 o— ll ' Z 6 8 34:11 56 3 1? Satus \ ae 57 9 SOaft 3) . 4 i] ! i ig Ht Mor L 59 7 * 0 10, 2 5 ROWN’S BLOCK, QUEEN SQUARE. is We : } 2 1 ihe 3 at ” ae 7 fe 32 213 13 5o| Ch’tewn, Jan. 27, 1837. 18 Frid ! » 2 54, 6 33 54 }® Satz: 9| 3 238i 7 40 i = ~ _ a WSuands 7, 4 1 8 3112 0 2i Monda } 8 4 48° 9 13 3 B Tueaia 2 9 15) 9 49 7 We . ‘ if > 421/10 23 10 | (Thurs 126 Silo st | M4 93 Fri y ob 13; 6 3211 24 17) % datur lay 54; 141 6 58:11 57 20 js m= in l pP | A on oe a 1 ‘és , Saniay 2} 1517 221morn| 931 fen Thousand Pounds ds fond j : 1G: 7 54) O 27 26 % Luesiay ‘io 18:86 28 1 3 29 KE ho li : > ‘ ‘ 2, Wednesday 18} 21/9 6| 1 48, 33] xtra ua ify

3}'Tharsday 5 46\6 22) 9 54

2 26) 12 3b |

~~ ce

BOSTON. Ss eee

SPE VG

OF THE TERMATIONAL 8.8. CO. iN? ERATE HAL . Leave St. John for Boston, via Eastport and P’ and, every Tuesday, and Thursday at 8.00 a. Ware fr riottetown to Boston, $6,50, class. 39.50, 1st class. For tick: id other information apply to -A.SHARP, F. W. HALES, > &LR P. HK. L Steam Nav. or to your nearest Ticket Agent. Feb. 12, 18+7—a« <5

"ea, Pr

- ' : a oT . Cu Re - " ", if my

£ . *

SSeS TS DANS Sew meena Se eweeenen

| MAKE HOUSE BIKING. POWDER.

aod suai

‘ ‘ LA r Z * i * - % - ~ < ed ‘, . + “e, , yw > - ¢ s* te a s™~ 3° tay 2 ead “#94: nuaeeess®* vec, &, [RM

. Ee,

“ THE rr MINER PUBLISHING FAaNny, ately Sere eee y pe

pe and mater sl f

o

Job Printing, are be

LReANGEMEN

T THE PALACE SE STEAMERS B

"af |whole of my

--'['-;-E-:-A-- at Twenty-five cents per pound at the LOXDON HOUSE.

Feb. 11—-2aw wy 2mos

=83=

5 QUEEN STREET.

| ee) ee

Co.

EXTENSIVE CAME SALE

—_——— 1)

— have decided to close out the stock of Staple and Fancy Dry Goods, commencing De- cember Bath, 1886, and continuimg until the whole is disposed of, at

S LARGE DISCOUNTS FOR CASH.

than ever prepared to execute orde rs for went i, Heads, Handbilis of all kinds, ne B ss Cards, &c., promptly and Cheaply, j style of the art. - 0 None b ss workmen are employed in | aote off : hey import their printing | y4bets direct fro manufacturers, they are | % » 7 he Pe 42 to fill all ord yn the most favorabl a Sene © r sole sonUnued patronage of the public | FX. ‘ ectfully su i W. L. COTTON, ‘ Manager. Ch'town, Dee. 14—wky vn, No i { ' A = S AL R D a

Ma : i w 6 announce to the

vn ~ she prepared t - PANEL yi) JRESSs MAKING in the " ’ ' ving had imany yoars prac-

_ eX perien United Stat patrons |; }

eel sured of il very Satistaction. ; = i OR a aaa

To ence, Ric aT Street, near fills- | » 440 Square. | “OT. 23—2Zmo eod & wky

L ARTHUR &

mH

Uh,

|. ISAS D Bore.

0

— FEN At Nethiag Like Home Manufacture to Wear. Howaissiaa Morehants, or Qi ATLANTIS AVENUE, | For Style, Quality and Good Value in Boots and Shoes, SOsTtTonw, M A 3 S-icome to Bata and Produce a Spoolaty. | DORSEY, GORY & CO.

daly th—diy wk iy

“Ob’town, Jan. 20 1887.

ITISH WAREHOUSE

corm ‘?

PRG Ni PT. Sts

AWONDERFUL REMEDY

Adamson’s Boianie Cough Balsam,

It is as pleasant as honey. Coughs, Colds, and Asthma, which lead to Consumption, have been speedily cured by the use of AbAMSON’S BALS3™ affér all other medicines have failed. Suaffercras@fin either recent or chrome Coughs « bronchial affecti ns, can resort to this great r nt of obt bts speedy relief. Do not delay t

FOR SALE RY ALL “DRI © G ISTS, Bottled at St. Stevens, N. B ‘ proprietors, F. W. KINSMAN «& CO., Druggists,

343 4TH AVE.. N. ¥. MORTGAGE SALE, TO be Sold by Public Auction. on WEDNES-

DAY. the Thirteenth day of April, A. D.,

1887, at the hour of {welve o'clock, noon. at the Court House, in Charlottetown, in Queen’s County, under a Powerof Sale. con- tained in an Indenture of Mort; wage, dated the twenty-seventh day of December. A. D., 1879, and made between Michael Landrigan and Margaret Maria his wife. of the one part, and the Right Mev. Hibbert Binney and Benjamin Gerrish Gray, Trustees for King’s College, Windsor, Nova Scotia, of the other part. Al sL that tract, piece or parcel of land, situate on Lot Thirty- ‘four, in Qaeen’s County, and bounded and described as follows, that is to say: | Commencing at the sonthwestern angle of land owned by Edward Auld, thence running along ‘the southern boundary line of said land east- wardly for the distance of thirty-four chains, | thence northwardly along the eastern boundary |of said land twelve and one-half chains, thence westwardly parallel with the said boundary line |till it strikes the east boundary line of thirty acres of land recently sold by Edward Auld to Lawrence Whelan, thence at right angles south until it strikes the southeast angle of said thirty acres of land, thence along the south boundary of said thirty acres until it strikes land held by James Landrigan, thence south to the place of commencement, containing twenty-Seven and one-half acres, a little more or !ess.

ALSO land, situate, lying and being on Township nuin- ber Thirty-four aforesaid, bounded as tollows,

. that is to say: Commencing at a stake fixed on the east side of the road le ading from Char- lottetown to Stanhope, thence east seventy-two chains, thence south ten chains, thence west seventy-two chains, and thence north ten chains ;along the said road to the place of commence- ‘ment, containing sixty acres of land, a little _more or less.

| And also that other tract, piece ‘or pareel of land, situate on Lot number ‘Thirty-four afore- ‘said, having a front of six chains on the west | side of the Covehead Road, and running west by parallel lines tothe boundary line of ‘Township number Thirty-three, containing fifty acres of land, a little more or less.

| For further particulars apply to Edward J. Hodgson, Solicitor, Charlottetown.

| Dated ith March, 1887, (

HIBBERT BINNEY : BENJAMIN G. GRAY,

r Mortgagees. March 5, 1887—eod tl sale

ee ES aes rey IFOR COUGHS: clea hs HOARSENESS THROAT BA UNGECOMPLAINES

INSTANT RELIEE PUSITIVECURE,

“DEVONPORT”

| FOR SALE.

ba AT valuable property, known as “Devon-

port,” situated on the Ma!peque Road, within ‘one mile of the city, containing about 26) acres of jand, with large and commodious Dwelling House, Barn, Stables, Coach House, Dairy, Ice

| House, Root House, &e., &c. Good Tite guar- ‘arteed, Apply to

Rk. F. DEBLO}!S,

Provincial Building. Ch’town, March 2, 1887—eod tf

8 a ane ong eee pints oie Be 5

” | &

Be Aaa GENUINES PURE GGED Pda Tene

Wee SHON T ST £457 TOROM

ANTE EW B 0K WANTED (VEW 00 AGEN TS to sell our new bock, entitied *““The

Home Treasury.” Retail price, $1.50. Big discounts offered ‘to active men and women. This book, it is believed, meeta a need long felt. It is very nicely and securely bound in cloth; pro- none illustrated; printed in large clear type, on

xcellent paper; contains full instructions in Seportadent all sorts of amusements; if fact, everything to make home happy, and for this reason should be placed i in every home.

Address: my, E, EARLE, St. John, N. B.. Man ager for J. S. Rebertson & Bros,, Toronto, Ont.

Mareh 1—2aw & why

In the County Court of Prince

County. Epwarp ATKINSON, —Plaintiff. and Ducatp S. Wricut, AcLAN McQvuarrig, and ; ALEXANDER AFFLECK, This is an action for breach of an agree-

Defendants.

ment made between the plaintiff, as a ieacLer, and the gefendants, as trustees, under “the Public Schools Act, 1877.”

As required by section 72, of ail act, notice of action was served on the deiend- ants within the time prescribed, and suit was commenced by writ of summons issued 28th September, 1885, and made re- turnable 20th August, 1886.

Upon the plaintiff's application an order absolute was made 18th August, 1886, to postpone the trial of the cause from August term to October term, 1886, at which latter sitting the action was tried and judgment reserved until the present time.

At the trial, and before any evidence was received, a preliminary objection was taken by defendants’ counsel that the writ of summons was irregularly made returnable at a term occurring subsequently to three other intervening terms ; but I declined to entertain this motion, as there appears to be nothing in the County Courts Act prohibiting a plaintiff frem selecting a; remote term for the return of his process; on the contrary, indeed, the language of Section 31, which defines the procedure in this respect, seems to confer upon a plain-

tiff the right of passing over inter- mediate terms of the court, as it pro-

vides that Mesne process “shall be served

at least eight clear days before the return day thereof, which shall be the first day of the sitting or term to which the same shall be made returnable.” In fact, cases do occur in practice, where the procedure adopted by the present plaintiff is neces- sarily unavoidable. In order that a suit may be duly entered for trial at a particular term, the service of the Mesne process must be made ‘‘ at least eight days” before the first day of such term ; and when the writ is issued—asit assuredly may—at a period that precludes the possibility of effecting service for the next ensuing term, it would

-be absurd and equivalent to a denial of

justice, to hold that the plaintiff could not select a subsequent term. At any rate, | think the defendants, when seeking to avail themselves of this alleged irregularity as a ground for quashing the writ, should

‘not have reserved their application to so

-All that other tract, piece or parcel of ;

late aday—some thirteen months having elapsed between the date of the service of ‘the writ and the motion to set it aside.

The agreement under which the parties to this suit contracted with each other, is dated 30th June, 1884, and by its terms the plaintiff was to teach a district school in Prince County, during the school year ending 30th June, 1885, and did in tact teach such school for that year, and in a satisfactory manner, so far as the evidence disclosed at the trial would indicate. The breach, of which the plaintiff complains, consists in his not being permitted to con- tinue as such teacher for the next subse- quent year, and the neglect or omission of the defendants, to give him notice of dis- missal or determination of the agreement. Amongst other stipulations, this agreement contains the two following clauses :—

‘‘And it is further agreed that either of the parties hereto shall be at liberty to determine this contract at any time by. giving to the other three months’ notice in writing of such intention, provided always that one month's notice, preceding the termination of the legal schoo] year be sufficient.”

“And it is mutually agreed that both parties to this contract shall in all respects be subject to the prov isions of ‘The Public Schools’ Act, 1877,’ and the amendments and regulations made thereunder by the Board of Education.”

It has been proved in evidence and ad- mitted on both sides, that no notice was given by either party to the other pursuant to the above requirements of the contract. It has also been proved and admitted by the plaintiff that, at the beginning of the school year during which he taught, he in- timated to the Trustees that he would con- tinue no longer in the position of teacher after the year. t is further proved as a inatter of fact, that pte the last week of the year, and the early days of the vacation following, the plaintiif waited on the de- fendants and informed them that he was desirous of being continued in the service

‘teacher, yet that

other, by the several clauses it contains, it follows that this instrument embraces the ultimate conclusions of such discussion and contains the entire mutual contract ; and all merely oral expressions and utterances on either side, are irrelyent to the issue, and incapable of controlling or altering this written contract. The statement made by the plaintiff, and before referred to, touch- ing his contemplated retirement from his then occupation cannot, therefore, be con- strued as varying the expressed stipulations of the agreement; nor can such statement be deemed sufficient to relieve the defend- ants from their written undertaking. Had the plaintiff, in fact, done any act incom- patible with his privileges as a_ licensed teacher-—had he disabled himself from en- tering upon the subsequent year’s service, by engaging, for instance, in business in- consistent with the ordinary duties of a teacher, then such act or disability woul@ become significant when viewed in connec- tion with his previously expressed inten- tions, and would estop him from enforcing his present claim.

If Trustees can capriciously dismiss a

Teacher at 2 moment's notice, or without any notice, they would be __ inyest- ed with au unjust privilege, and must by its exercise do serious injury in many in- stances to the character and prospects of a Teacher. Hence, under the powers con- ferred upon them, the Board of Education in their wisdom, have insisted that this class of school contracts shall contain a clause imposing upon either party the con- dition of giving a written notice before the centract can be rescinded ; and this condi-* tion clearly operates as a protection as well to the interests of the school district, repre- sented by its Trustees, as to the Teacher himself. Under it, neither Teacher nor Trustees can abrogate its provisions with- out previous notice. Did either party pos- sess the power to determine the contract at pleasure, in many instances schools would be suddenly closed, children denied the advantages proposed by law, and Teachers deprived, it migit be, of their only means of securing a livelihood. These not impro- sable consequences have been anticipated by the Board of Education, and have been reasonably provided against. And upon further consideration I think the evidence of the viva roce declarations was inadmissi- ble, and should have been rejected at the trial.

From this brief review of the cireum- stances of the case, I must hold that the defendants are liable in damages. What should be the measure thereof! The plaintiff was entitled to a statutory salary of $180 a year and a supplement of $30. After his official connection with the school ceased, he remained without employment for a period of over two months; and although he appears to have subsequently procured a situation to which was attached a remuneration much in excess of that which he could legaiiy claim as a school circumstance cannot satisfactorily be relied upon as a criterian of the true quautum of damages,and clearly cannot prevail as an answer to the plaintiff's demand.

Judgment is for the plaintiff for $52.50, being the equivalent of one quarter’s salary and supplement.

Mr. McQuarrie, Plaintiff's counsel,

Mr. Bell, Defendant’s counsel.

29th January, 1887.

Foster on the Fisheries Dispute.

Speaking of the Canadian fisheries dis- pute, Hon. Mr. Foster said :

“The present Government wouid make no change in its attitude with reference to the fishery question. The old Government took no extreme ground, but simply stood for the rights of Canada as guaranteed by the treaty of 1818. Its enforcement of that fishery protection, last season, Was courteous, inclining even to leniency strictly within the lines of established precedents. The Government is not yet prepared to ao its former ground, and ste will be taken,, case no arrang >ment is reached in the ae to still more thoroughly and effectually | ae our coasts and protect the interests of our fishe> men during the coming season.”

The Montreal Witness (Independent-Op- position) remarks:—

“If the Minister of Fisheries, Mr. Foster, has succeeded in proposing a modus virendi, even ' for the coming season, he will deserve the grati- tude of three natvons and great honor as a states- man. Te task of statesmanship is not diminish- ed but very much aggravated when one has to deal with ignorance and indifference on one side, and wilful ignorance and unreason on the other. The ordinary language of both the United Statec and England towards Canade is contemptnous,

as teacher of the same school, and that at one of these interviews the defendant, Affieck, remarked to plaintiff: ‘‘I suppose that by the law we are unable to dismiss you, as we gave you no notice.”” The! Trustees, however, at once employed an- other teacher, and placed him in charge of their school; and, as viewed from the | Liintift’s point of contention, this proceed- ing on the defendant’s part, may be re- garded as. the aftirmative breach of the contract.

At the close of the plaintiff's case, defen-| dant’s counsel moved for judgement of non- suit, on several grcunds, the principal one’ being that the pl aintiff, by his own conduct | his declarations—v irtually notified the de- defendants of his desire to terminate the | contract, and thereby discharged them from the obligation of giving him the notice in question. I refused, howev er, to grant a non suit.

The issue, then, is really limited to the) point concerning the legal effect, if any, of | the plaintiffs oral announcement. of his i in-| tention to ‘‘abandon the profession” at the end of the year. Did this declaration de- termine the agreement on the plaintiffs’ | part? Did it exonerate the defendants’ from the performance of their part of the agreement /

It should be borne in mind that all con- tracts between trustees and teacher under which the latter is employed in that ca-| pacity, are required ‘to be in writing.” — Sec. 59; sub-see. (C.) It may be presumed that before this agreement wis executed, | the particulars and conditions thereof were! discussed by the parties directly interested; and as both parties after such discussion, deliberately bound themselves, exch te the

They seem to vie with each otherin their eiforts to tread upon her. But for the utterly unassail- able justice of her position andthe mildness and firmness of ber rulers, she would be like a grain of wheat between the upperand the lower mill-

| stone.”

Rs

Astonishing Success.

It is the duty of every person who has used Boschee’s German Syrup to let its wonderful qualities be known to their friends in curing nsumption, severe Coughs, Croup, Asthma, Pneumonia, and in fact all throat and lung diseases. No person can use it without im- mediate relief. Three doses will relieve any case, and we consider it the duty of all drug- gists to recommend it to the poor, dying con-

' sumptiv e, at least to try one bottle, as 50,000

| dozen bottles were sold last year, and no one ‘ease where it failed was reported. Such a medicine as the German Syrup cannot be too | widely known. Ask your druggist about it. Samples bottles to try, sold at 10 cents. | Regular size, 75 cents Sold by all Druggists oot Dealers, in the United States and Canada.

— -—__-.-.bo

Above all other earthly ills, I hate the big, old-fashioned pills ; By slow degrees they downward wend, And often pause, or upward tend ; With such discomfort are they fraught, Their good effects amount to naught. Now, Dr. Pierce prepares a pill ee? ust exavtly fills the bill—

pellet, rather, that is all— A ee purgative, and small ; Just try them as you feel their need, You'll tind that I speak trath, indeed.

faw so sdeadtlidataniniititias A RING round the moon is said to be a sign of rain. A ring cround a girl's finger is also |

often a ign of renger.

a