t-owssss... ..........* l» 11mm iv notion of motion m‘ +1 i’. saunas; next at 12 oblockwgz-"ffudwrcnt l1 agnvc: and nhlilmijv .. . .,_..._..... __.._ Ne» an ap- ml orpus proceed- . it is significant that Beck, J., In Judgment at p. 459 saya-,-_ Pflwlpie has of course no lplillfiflllvfl in the case of an ap- peal to another Court. a right of appeal in such be provided by Statute." And from the Appellant's Brief I take the additional quotation from Beck, no doubt taken from anoth- er report of the Case:- Beck, J.: Court. and not exercising an en- tirely independent jurisdiction con- ferred upon him by Statute. acts as a deputy or perhaps be said as a Committee of tire Court 6:0." The iialim are my own and the words underlined qualify the prin- flule enunciated and place a quite different meaning on the dicta of Beck J. than that sought to be conveyed 5y Counsel for the Ap- pllcant. This principle has been so well the en- and so long established that it is 1939 hardly necessary to quote further authority in support. In Ontario, as far back as 1886, Wilson. C, J.. in the Case of Re Paquette, 1i Prac. Rep. at p. 4T1. where the Judge was acting under the pro- visions o! a Statute, says:- “I am of opinion the Junior Fudge" (of the County Court) "was not exercising the powers of the Court" (County Court) "but an in- dependent Statutory authority con- [erred upon him, “and in a mat- ter which was not to be adjudicat- ‘od upon in “a Court or in any matter which required to be trans- acted "in Court. He was persona ilesignata, "could be no appeal to the County Court. not in such matters "as he had to decide upon, to the Cour pf Appeal." It is evident that in Ontario it was considered that should be provided, even where the ‘sludge. under a statute, acted as periona design-std, and accordingly ln 1893 a remedy was provided, and an Act R..S.O. 1927 C. 111 was passed by which orders by such a Uudge are entered as orders made by him and pending in Court and which may be enforced in the game way as Judgments of thel Court. We have no such Act in this Province. Another reason, urged upon m}; Court. why it should hold that the Chief Justice was acting in Court is that he sat in the Court Room in his gown, that he instructed Coun- lel to put on their gown. The action of the Chief Justice in this respect, or that of any of- Iicial. could not confer a jurisdic- tlon where none is given. The Chief Justice was at perfect liner- ty, if he thought fit, to sit at this hearing in his gown and to m. struct Counsel to wear gowns. There is no law to govern the mat- ter. As a matter of practice, the Judges in this Province wear gowns. tilde same practice applies to 0mm. ael. some of the Judges of the County Court follow the same prac- tice. but not all of them. It is purely a matter of dignity and decorum and if the Chief Justice thought to add more dig- nity and decorum to the hearing before him, such action has no bearing on the question of jurisdic- tlon now before this Court. The ‘jurisdiction of the Judges or the Court does not depend on thel Judges or officials wearing gowns, . The only other point to be con- sidered is the question raised by; the Respondent that even if the; Chief Justice was acting in a Court and not as persona designatll‘) whether the APDellant, having tea signed all his rights to the seati to accept the position of Governor‘ of this Province. had such interest in this matter, at the time of the hearing before the Chief Justice and now before this Court. as to ‘Qntltle him to be heard- Although this is an interesting point and one on which much might be raid, in view of my de- cision herein 1 do not feel called upon to deal with it. lastly, the further point has been raised by the Applicant, that unless the Judge of The Supreme Court is actlnfl ln Court then that there are no provisions made in The Election Act by which ho can enforce any order which he may make. I cannot see that this objection has any weight. If the Provisions of the Act are deficient in this respect. it can have no bearini 011 the question of this court's Juris- diction. The Election Act, i921, providda that "A Judge w found to be in default ls aforesaid. flhill forthwith can-y out the 411' of any order so mid!" M- . This part of the Act is copied verbatim from the "Dominion Electivn Act" and this Act doe! not otherwise indicate or provide any further directions as to haw Prdvinnisl Treasurer 1.11s Judge 1| to enforce such order. Judge by the Provincial Hoof-ion Act, i922. I am of opinion that this Court has n0 jurisdiction to entertain this appeal and it should accord- ingly be dismissed. As this case involves the inter- pretation of a Provincial Statute and in conformity with the estab- lished practice of this Court in such case; there will be no costs. CANADA PROVINCE OF PRINCE EDWARD m TEE SUPREME COURT 0n appeal from a Judgment of , cafe clearly must chief Justice Mathiesonpsitting in Court. In the matter of The Election Act i922. and in the matter oi the application of R. K881111114 Bell for an order under the acid Act to comply with the pra- visions of the said Act in respect of a recount had before him under the provisions of the 181d A6‘. 0" it may the 3rd and 5th days of June A.D. 1939. JUDGMENT, SAUNDERS. J. lcPage, was declared by Harry A. Jenkins, R/zturnlng Officer, elect- ed as Councillor for the Second Electoral District of Queen's County in the General Provincial mention held on May 18th, 1938. On the 30th day of May A.D. 1939, the Respondent. R. Reginald Bell, ap- plied to His Honour C. Gavan D1111)’. Judge of the County Court oi’ Queen's County, for s, Recount of the ballots under the Provisions of Section 148 of The Election Act. 1922. The said County Court Judge proceeded with the recount on the 3rd and 5th days of June A.D_ 1939 and at the conclusion thereof certified the rrslilt of such recount to the ca!‘ Returning Of- fioer to the effect thlt 121’! Ballots had been cast and allowed for the said R. Reginald Bell and 1219 Ballots had been cast and allowed for the said Bradford W. hePage. The said Returning Officer again declared the said Bradford W. Le- Councillcr as aforesaid and made his Return to the Provincial Secretary on the 7th day of June A.D. 1939: On the 13th day of June A.D. 1939 the said R. Reginald Bell made application to Chief Justice of this Court for an order under section 159 of the said Election Act. 1922, alleging as grounds:- (a) That included in the ballots allowed by the said Judge for the said Bradford W. LePage were six ballots with counterfoils attached thereto, which counterfoils bore writings or marks by which the voter using and marking such ballot could be identified. (b) 111st included in the BiillotS allowed by the said Judge for the said R Reginald Bell was one bal- lot with a qmmferfoii attached thereto. which counterfoil bore writings or marks by which the voter using and marking such ballot could be identified. (c) That included in the bal- lots allowed by the said Judge for the said Bradford W. fePage were two ballots having the front part thereof. including part of the C811- didates’ Christian names complete- ly torn away and missing. The said Chief Justice apcinted the 22nd day of June. A. D. 1939. at his Chambers for the considera- tion of the said application at which dais the consideration was ad- Court again slate-Court opens. Mathleson, C. J. reads his reasons for Judgment. The Judgment of the Chief Justice delivered herein was fllrd in the Records of the Supreme Court and bears the stamp of the Supreme Court. The Chief Justice concludes his Judgment as follows:- "This Court reserves power to make such further and 0th": orders as lie within its jurisdiction and as the circumstances of the ease may require." m Election Act slmly rive! the Judge power to make such order .5 u... facts of the we warrant either dlsmissiflg ti)? _#1PP11°’"°“ or commanding the Jufi-lB 0! me County Court to comply ‘with the mquiroments of the Elect on Act. The Chief Justice made his order and no power 1g given in the Elec- Wm A“ w make any further or rder. otlllfllstlherefore manikst the Chic! Justice considered he wrs deal n8 with this application as an ap- plication in the supreme CW"- On the 20th day of Srpfember. Counsel for the Respondmt took out a fonnal order on the said against said Judgment and 01'6"!‘ to the supreme Court en Bane was filed and served by the Appellant upon the Respondent and H. F McPhee. his Attorney. Counsel for the Respondent now takes objection to the jurisdiction of the Supreme Court en Bane to hear the said apceal on the ground that no appeal llci. The question now to b? colsider- ed is as followsz- Does an appeal lie from judgment of the learn- ed Chief Justice dillvered herein and the Order taken out in pur- suance thereof? The relaxant sections of the Eec- tion Act under which this applica- tion before the learned Chief Jus- tice was made are as ‘ollcwsz- 159, In case of any omission. ne- glect, or refusal of the Judge to comply with the foregoing provis- ions in respect of the recount or final addition therein provided for. or to proceed therewith, men any party aggrieved may, within eight days thereafter, make application to a Judge of tho supreme Court of tho Province, for an order com- manding the Judge to comply with such directions and to proceed with and complete such recount or final addition. , 160. Such application may be made upon affidavit, which need not be en- titled in any way matter or cause. setting forth the facts relating to such omission, refusal or neglect. (2) The Judge or Court. as the case may be. to which the applioi- l tlon is made shall if it appears that there is such omission, refusal or neglect, make an order appoint- ing a time within eight days and a place for tbs consideration o: such application, and directing the at- tendance of all parties interested at such time and place, and giving such directions for the service of the or- der and of the affidavit or affidav- its upon which the order was grant- ed, upon the judge so alleged to be in default, and upon the other par- ties interested, as he thinks proper. (3) If the circumstances appear to the Judge or Court as the case may be, to warrant it, the judge or the court may direct that service upon any of such parties may be substitutional or may be made by mall or by posting, or in such other manner an ‘ne thinks fit. 161, The judge complained of, or any of the parties interested, may file in the office of the Prothcn- otary of the Court to which or to a Judge of which appicafion is made. as the case may be. affidavits in reply to those filed by the applica- journed until July 26th, 1939. when Counsel for the parties amflflrfd before the Supreme Court, pre- sided over by the said Chief Jus- tice, when the said corrideration was further adjourned until Sip- tembei‘ 12 I have examined the minute book of the supreme Court of this Province, and the file in connec- tion with this appllcation which is ncrw in the office ol the Prothonot- ary of the Supreme Court. This appllcallbn was entered by the Prothonot-aly of the Supreme Court in the minute book of the supremo court and dealt with as a matter in the supreme 0M1"- Thcre are a number of exhibits filed in connection with this ap- plication: and each bearfi the stamp of the Supreme Court as to dale of their respective reception. If this application was simolv a preceding in an Election Court proceeding, the Prothonotary of the Supreme Court would not have been an officer of such Court; as no provision is made for such an officer under the Election Act. Now. I find in the m‘nute boolr of the Supreme Court that the usual and regular procedure was followed in connection with this application as to any ordinary ap- plication in the Supreme Court. For instance. on the 23rd day of September. the mmutea of the Supreme Court stave-Own opens -present Mathieson, C. J. Mr. H. F. McPhee. Couwel for the Respondent continues his ‘argu- ment for an order directing the to t"i'u over F“ lvrnis eic_ io the Wtnmlng gt is no doubt presumed that the officer. Ih0&|!lflOd UIIIIIPU The Court: "I'll admit the proof tlon, and upon demand, shall furn- lsh him wich copies thereof. 1B2. At the time and place ap- pointed by the Judge or Ccurt, a1; the case may be, or at any other, time and place to when the hear-l lng may be adjourn-cc, after hear- ing the parties, or such of them as are present or their coun*el, the Judge or some other Judge of the same Court, or the court shall make; such order as the facts of the case. in the opinion of the Judge or court, warrant, either dismisslng| the application or commanding the. judge in default to takc such ac-l tlon as is necessary in order to a compliance with the requirements of this Act in respect of the recount BRlNG UP~FATHER in provided were taken by to; m. spondcnt. ~ ‘I'M uui-swnduc m: is that no provision whatever i; madg undgr the Prince Edward Island Electkn Act for an appeal from the County Court Judge's decision on ~a re- count. What prcceedlngs en by the Responds He invoked the provisions of sec- tions l59—-160—-l01 and 162 of The Election Act alrcdv cited.‘ Section 159 makes certain reme- dial provisions in case there is any omission, neglect or refusal on the part of the County Court Judge in the discharge of his dudes. The Rrsowvleot. con-"idering him- self aggrieved. RPDlie-l undir Sec- tion 159 to the Chis-f Justice frr an order under the said Section cam- mandlng the Countv Court Judge to comply with the terms and pro- visions of said Act. Section 160 says: Such applica- tion may be made on affidavit of facts etc. And the Judge or Court (meaning the supreme court) as the case may be. to which appllcaticn is made, shall if it appears that there is some omission, refuial or neg‘ect make such order etc. And the Judge or tho Court (meaning the Supreme Court) may direct subsfltuted service of the or- der etc. Section 162. The Judge of the Court (meaning the Supreme Court) shall make such order as the facts of the ease warrant either dismiss- ing the appllcatlcn-or command- ing the County Court Judge to com- ply with the requirements of the Act. - Hhere we have it expressely state- ed-Jfne Court may by its order di- rect etc. Could anything be more clra: or definite in euabkshing that the Respondent mad-e his application herein to the Supreme Court under the provls‘on o! a Provincial Sta- tute, namely The Election Act, 1922? then were tak- m? Under our Judicature Act 1929 Sections 10 and ll read as follows: 10. “'I‘he Supreme Court of Prince Edward Island shall con- tinue to be a court of Record, and subject to the provisions of this Chapter. shall continue to have and exercise the jurisdiction, which at the time of the coming into force of this Act was vested in 0r capable of being exercised by such Court." l1. "The Jurisdiction of the Su- preme Court shall include the jurisdiction which immediately preceding the coming into force of this Act was vested in or capable of being exercised by all or any one or more of the judges of the said Supreme Court of Prince Edward Island lifting in COME or Cham- bers or elsewhere when acting as Judges in pursuance of any Statute or Law and also all ministerial. powers. duties and authorities in- cident to any and every part of the jurisdiction aforesaid as well Civil as Criminal." Can there be any question or doubt that the Chief Justice was acting in pursuance of the pro- visions of a Prince Edward island statute, namely, The Election Act. 1922, when he delivered his Juda- ment and made his order? Cer- tainly not. Therefore, according to section 11 of the Judicature Act the pro- ceedings before the learned Chief Justice are proceedings within the jurisdiction of the Supreme Court of this Province. Under section 3 of our Judica- ture Act, 1929, the supreme Court o! Judicature is constituted as follows:- 3. The supreme Court of Judica- ture of Prince Edward Island as constituted before this Act a Court of Common Law and having also an equitable jurisdiction as here- inafter defined and limited. and pOSSCSSlIIQ original and appellate jurisdiction in civil and crimlnn cases, shall continue under thi- aforesaid name to constitute one supreme Court o! Judicature for the Province of Prince Edward ls- land. This Court is declared by the said Section to have Appellate Jurisdiction in both Criminal and l Civil Matters and Section 27 thereof authorizes the making of l Rules “For carrying this Act into effect." Order 58 of the Rules of the court made under Section 21 deals with the question of appeals and Rules 1 and 3 of said Order are as follows:- 1. All appeals to the court shall cislon mldo by s 1n or in Chambers, except order; m“; In the exercise of Inch discretion u by law belong; set lulde or discharged upon no. "W- by the court. Discretionary matters are appenlable by leave o: tho Judge when decision is ap- from. ‘ . ave already said and . Peat um u» Judgment élfisfis i 1nd the order made by the loam. ed Chief Justice was a judgment and order cf the Supreme Court; and "llqufltimflbly 1s appealabie under Order 58, Rule 3. I In support of the contention that no appeal lies, the Respon- flem 581's ltvis quite clear the words the Court where they appear in Sections 160-161 and 162 were let in as a result of a draftsmazrg or- r012 It is clear, he says, may gm; have no meaning or significance since it is nowhere indicated what Court is referred to. He continues: “It Ls quite evident that even if "197 Wm‘? I105 l" by error. and even if it were dear what Court was indicated, they can have no force or meaning because m; pm. vision is made for an application to (he Court; but by seem“ 159, PYOVMOII is made for application t0 the Judge alone," 0t (CHOW this cour5e of I would be much more think the draftsmans dcc in court l-O 2 B C! 5110111119 that the application may be made to the Court as well as l0 a Judge. Respondent. also places his contention. m9 Appeiiziilt has devoted consid- fmblfi time and attention to‘ the {$31M question; and also has cited many authorities to rebut the Res- pondent's contention. of the Judicature Act in this Pro- vince the question of "Persona de- slsuflta" cannot possibly arise in this case. Section 11 of the Judicature Act Sal/SI — "The Jurisdiction of the Supreme Court shall include the jurisdiction vested in any one of the Judges of the supreme court act- ing as Judge in Sta such circum- stances. how can the question of ‘fpgrsona designata" arise? It can- no . The respondent relies almost ch- tlrely on two cases in support of his contention, namely, on the case of Re North Hump Election. '58 O.L.R. 196 and McIvor v. ‘P11181165, l2 MFR. 393. An examination of the former case will sllDW a very marked dis- tinction between it and the case under consideration. And the lat- ter case has really no application (whatever. i The Section of the Dominion ,'Act under which the application {was made in Re North Huron Election, 58 OLR. I96. is found in Section 71, Chapter 46, of the Acts of 1920. and is as follows:- ! ‘ll (l) Except in the Yukon Territory. in case of any omis- fslon, neglect or refusal of the judge l to comply with the foregoing pro- visions in respect of the recount or final addition, or to proceed therewith, any party aggrieved may. within eight days thereafter, make application. (o) In the province of Ontario lo a Judge of the High Court divi- ,si0n of the Supreme Court (b) in the provinces of Quebec, Manitoba or Saskatchewan to a ‘Judlfl of the Court of King's Bench (c) in the provinces of Nova Scotia, New Brunswick, Prince Ed- ward Island, British Columbia, or A‘berta, to a Judge of the Supreme Court of the province. (2) Such application may be made upon affidavit, which need ‘not be entitled in any manner or ‘cause. setting ‘orth the facts re- flathig to such omission, refusal or neglect. , (J) The judge to which the ap- plication is made shall, if it ap- QB-"ils that there is such omission. refusal or neglect. make an orde- lappointing a time, within eight ldavs. rmd H place, roi- tho con- ‘sldcration or such application anti directing the attendance of all parties interested at such time and place. and giving such directions for the service of _the order 11nd o! hwin: the will». the or m I5 IR DNBQXW, fudge of warrant, either in default to proceed with and complete such recount or finaiwddltion and the M1689 July milks such order as to 28st! as he thinks proper. (see. I ('1) A judge so found to be in default as aforesaid shall forth- with carry out the directions of any order .50 made; and shall be the same remedies for the ary cases in the court to which the judge making such directions or order belongs. (Sec. 210). In the Dominion Act. all the puwers set out in subsections 1, 2; 3. 4. 5, 0, and 7 of section '11 are given to a Judge only. Act, Section 160, subsections 2 and 3 and sections 1B1 and 162 these same powers are expressly given to a Judge and also to the Cour. (which I regard as meaning the Supreme Court). No appeal is provided for in the Dominion Election Act, 1920; and the provisions of the Law in regard to appeals could not be invoked. 1t is well estab- The Excise Act or under The Cus- toms Act. all of which are Acts of the Canadian Parliament, ex- cept as provided in See R. vs. Eli, It is not surprising than that it was held that no appeal lay in the North Huron Case and the fol- lowing quotation from ilrc Judg- ment of Mr. Justice Masteu bears out this contention: "Masten J .A.: — I concur in the dismissal of this appeal on the (ground that this is in fact a pru- ceeding under the Dominion Elec- tions Act, and the improper in- tituling of the order, in the style of cause. as in tho Supreme Court, cannot alter its real nature or con- fer on this Court a substantive ap- pellate jurisdiction, which could Le created only by the Dominion Par- liament." In the present case we are deal- ing with an appeal from a Judg- ment glven by the Supreme Court under a. Provincial statute whicl- does not deny an appeal and. there- the Provincial Law as to Appeals Court. The Chief Justice made an or- der commanding the County Court Judge to do certain things. 1f then the Chief Justice was no: acting as a Judge of the supreme (hurt and the Judge of the coun- ty Court refuses to obey the or- der, then the case is in a chaotic condition. As l see it. the County Court Judge may very well, and doubtless will refuse to obev such order. And iliere is no law to compel him to obey it. lie cor- wlulv would not be liable for contempt. as he is not in contempt of any Court Order. But if the Chief Justice was noting as a Judge of the Supreme Court in making his order, he can compel i ‘obedlance to his order by means of the Court's process. I have already said the Case of Mclfvor v. Hughes, l2 MPR. 393 has no application to the Case un- der consideration. The Mclvur Case was an appeal from a Judg- Iment of Mr. Justice Arsenault dis- missing an appeal from a Judg- ment of the Judge of the County Court 0! King's County. 1t was held no appeal lay under Order 59, Ru‘o 3. because that Rule did not apply to Judgments on appeal from the County Court. This, however, is an appeal from 3B- Supreme Court Judgment. l Let me restate shortly what I have already said in the follow- ing manner:— I have extended Sections 159, 160, 161 and 162 of The Election Act. 1933. 0n paces 5 and 6 of this judgment. Let me then insert the word.» "The Supreme Court o! this Pro- vlnB-e hr" after the \\'0l'(l to. being the first word in line seven o! Section 159 of said Elegtjpn M1 The section would then read as followsz~ 159. "In case of any omission, lneglect, or__rcfusal_orjmfldudge,to their, counsel, the judge or some other the acme court lhilll make such order as the facts of the case in the opinion of the judge dismissing the au- plication or commanding the ludcel take such action ls is necessary in order to a oom- _pliance with the requirements of this Act in respect of the recount or final addition of votes and to there recovery of the costs awarded by such order as for costs in ordin- Ill 0U!‘ fore, the judgment is subject to- from Judgments of (he Supreme, would have no application. be any and 162 must mean i msslbly be , the County it could not Probate or meant? certainly not Court: equally certain Pvssibly mean the Admiralty Courts. do with matters of this kind. The only remaining Court is The Su- promo Court. And if a Judgment should hap- DPfl b0 be given by one Supreme Court Judge under this Act. and Rn order made by another Judge. still the remaining Judge under our Judicature Act would con- stitute the Court of Appeal. Section 5 of our Judicature Act reads as follows:- “The bench of the said Supreme Court shall be composed of a Chief Justice and three other Judges. Provided that nothing herein contained shall be con- strued to require that the full Court be composed of four or any fixed number of Judges, if any one or more of the said Judges shall by reason of illness, interest or any other cause be incapacitated or un- able to sit for the hearing of any cause or if there shall be any vacancy or vacancies on the said bench." It is true we have only three Supreme Court Judges in 0m- Pro- vince, notwithstanding ii. should be composed of four. Still, if one or more is or are incapacitated, the full Court of necessity must con- sist of the one or more Judges re- maining, who Ls. or are not incap- acitafed. On more than one occasion, quits recently. the Court of Appeal in this Province has consisted of one Supreme Court Judge only, who heard the appeal and disposed of it cases, namely. Alex. Campbell. Assignee v. J. Edward Ga‘lant and Ors; Olive Ritchie vs. Benjamin 1. Rayner: Sayer sleeves vs. J. Verne: Motive; and Edward J. Dicks vs. Donald Keyes and Ora 1i’. then, the application made by the Respondent to the Chief Justice is a proceeding in "The supreme Court" — and that is what I hold - what would be the object or the necessity of pro- viding some method of appeal or making reference in The Election Act. 1922, to the procedure on ap- peal, when we already have our procedure on appeals in our Rules I of Court‘? Our Appeal Court, as now con- stituted. is available to any per- son who considers himself ag- grieved by any ord-er or Judgment I of The Supreme Court l And the Appcant in this Case ' considering himself aggrieved bv the order and Judgment of the Chief Justice, when acting as ' chief Justice ln a Supreme Cour! lproceeding, has appealed. Another ground taken by the [Respondent is that the Appellant is not. a party interested, and his Wippeal cannot be entertained. , That is. he is not a arty inter- ested within the mean ng of Sec- lions 160 and 161 of The Election Act, 1922; because he reel ed hs scat and is no more intere. ed. ‘ It is clear ivilen he resigned he a member of the _?__. ____?____ ,was no longer jLe islature. he Respondent admits when he made his application the Appeal- lant was then an interested 1f so. when did he cease to be in- terested? He surely would be filter- ested until the case is finally dis- posed oi. so long as the ground; c! action remain the same. a-zainsz an, person. in any legal proceedings an continue as such, just so long has the defending party the right to be heard lll his defense. _ The interest referred to in Section 161 of The Election Act. i922. is not restricted to a monetary or material interest; one can easily understand in Election matters, monetary and material matters migh ieldom ise. While suc interes woul be Paramount, yet the parties referred o as interested. would doubtless Le those electors whose ri hts and pri- vileges had been in ringed, and other similar interests. I rec with the Ap ilant/s sub ssion hal. if the Appe lant had been Lieuten- ant Governor on May 18th he could not have been elected as a member of tho Legislature. But his sub- sequent awbointment did not male vo d his said election or remove from him or divesf him o! his right to defend that ecction an more divest him of his ri ht to defend in the Courts any cvll rights which he - possessed. ) r IN THE TAXI-AND WE HAVE TEN MIN GET THE TRAIN WASHINGTON LEAVES IN THAT TIME —' WELL: EVEQYTHING IS UT ES TO TO THE STATION-AS FOE THANK G 55 YOU AIZE ON TIME FOR ONCE WELL- THAT TRAlN l5 GONE - \= ‘lei 5 AHD-LlSTEN-DEAQ- DO CALL on us WHEN °°P‘~""°- "when bode». 10c. who wmm. WELL-Ti-ERES TONIGHT- Such being the case, s‘... there possibl doubt, that without the insertion of those worm in Section 159, the constniction of me word "Court" in sections 160. 161 "The Supreme Court"? What othcr com-i; could which have nothing whatever to Thls happened in lire followingl ' ‘The New Hlrod Man. But ws know only too we reverse is true. ' ..;.,i:*s:.::ili.f" i“ "°"‘=¢=“'== r i ,e reasons stated, I hold an IDWBI les in this Calla. under the provisions or Order 58. Rule 3 at he Rules of Court. A _.._..__.__.__.. HONOR ROLL 0F IiINGSBORO SCHOOL ' Honor Roll for months of No. vembcr and Dccrmbcr‘: . ‘Grade X:- - ~7°Y¢e Robert-ton 5nd p; t MucLran (equal). m)’ 2- Evelyn Rrbcrlsoii. Grrdc IX:- l. Kenneth MacLcrn and Bier]- in; Rcbzrisrrl (equal). . Carmen Rcberisui on erine Stewart (equal) d Kim’ Grade VIII:-- l. Timothy M-sscy, 2- Arthur Rrbersuq 3' Gordon Robertson. Grade VII:- 1. Margaret Yates. 2. Aletha Bruod Grade Vl:__ l. Mabel Stewart, 2. Wondril Rtibzltscn, Grade V (Sn):- l. Ruth Ywng. 2. Wakna R-bsrtson. Grade V (Jr.l:_ l. Koihieen Robortern. 2. Else Coffin and ‘Thoma Dix- on lequall. GTPIlg HM... 1. Edwin Roberiscn. 2 George RDDFTNOH. 3. Stewart Crfiin and Hnrfly Jirdinc (canal). Grade If! (F12): __ l. Glenna Rsbrrvzn. Grade I11 Jr. (n|):—- 1. Ruby‘ Dixon. 2 Beryl Yafrs (equal). Gra"~ III Jr. (h):- l. Harold SVWflil, 2. J-‘Sfiph Massey Robertson lrqilnll, Grade II (Sr):_ 1. Rc-‘Jcrt Mas cy 2. 1"l'l‘crce S! wort. 3. Blanche Ytllilg. Grrvfi- ll (ML:- 1. Jclin Robertson. Grade 1:_. l. Gladys Dixon. 2. Callum MacLran 3. Clara Coffin. Teachrr, Erma MacGregoi. A"fl Lee Coffin and Athol FifRViEW SCHOOL CONCERT The annual Christmas Concert - ' Fairview School was hold in i110 school room 011 December 20th. with a good attendance of palvnis and visitors. The schnnl was beautiful- ly decorated for the occasion bv thc pupils and teacher, a large Christ- has Tree laden xvlth many present] being (he centre of nttraction. M1‘. Allison Alncyflllan iPl-rd ill Chairman and 1hr folcwing pro- gramme unis carried out. _ Chorus. Santa Clam 1s Coming. Recitation. Ella MacDonald, Solo, Gloria Burdett. Recitation, Mary Cavanagh. Dialogu". Millie and Tll- ‘ ‘lo in New York. Rcclintlon. Mary Maclsaac. Quurlcilc, .1013’ OlclSf. Nicholas. Leona and Roma Cavali- agh. Aucircy MhCMlllilll and Lau- retta Alchcrn. Rcciiuiion. Laurette. Alchorn. Duet. Pzggv and Audrey MacMiilan. Recitation. Chesiey MacDougall. Rrcfinilmi, Helen Mac- Daugall. Hilflflfflllih’! Sclcciion. 1M1". John MncDmlgull. (CllCOTE). !Reuding ')v it'll‘. Jclm Dormch (cn- core). Quartctto. The First No- well by Pcugy MacMillaii, Mary -Cavanaszix. Marguerite MacDougal and Helen MacDougall. Dialogue, Recitation, Manlsdac. Recitation, Solo, 0 Iiittle Clifford Roma. Cavanngli. Town of Bethlehem. Marguerite MacDougali. Recitation. Phyllis MacKinnon. Dialogue, The Three Applicants. Harmonica Selection, George Arsenauli. Rrciiatlon. Ram- say MacDonald. Tan Dance. Vaunda. fMacDovald. D1191. Mary and Leona Cavniiagli. Chm" . Recitatlmi Mzlrjcri: Mnr-Douqail. Santa (falls ilicn arrived after speaking a few humorous -words to the chldrcn, distributed gifts to teacher and pupils. The singing of the National Anthem brought llic cveillngis vnicrtain- ment to a close. IIUNTING DlFl-‘NllJI'l‘lES and LONDON ‘((113) v-Lord Brooke! re ol-ls n rrbukc administered b vi lagers ncur (hr shooting gloiindx e leased lu i fall. A prllllflll from the vzllmlc |'f‘qli£‘$ll’.’l file Wiiist-liafl of "bearers" be rrfillrc"! lo a mini- mum. bccausc "the whistles had been mistaken for all" raid ilvarn- mgs. ’ George Meniscus‘; By’ ANOT AT '3E$£5"'“ TECKETS such mount or l way and no petition ' "I413 i w “a » tati f i = r r- - » ; » 0am mum uu ‘Jhunday 13%,?“ m" m" °’°°‘°“ fir. or w. mom. mmflttim $5 ‘m, orvlonegnhggyhixglg ifssfilg; y Judas . , , llplunbcrfitbatuouméinoou. . turc o a n ecu _ s8 ue 0n Baviww mu vow mun l" t: my?) m '5 llil°vsz°:v'c'n9vfifidie'ill'fei’§lsfi 33$- "B- 911 W! 6th "hunk! 101' I110 W, 35m,“ o, ‘ m“, o; m, ing. thoduislnzss sumcd c: the ' , g ADM t ltlhli he had bond that - _ ' Dirt or electors properly rsprezent- . . “mu” 0am u“ nwmu‘ ed would be a szmu e na in- . Mement- m not to be dwvmd to s Recount of» ballots and 1on1 im- an ordor . the m; h, m .,,,,; 1,, ,- Z- a n “M11 "W 101197918 dly- KM hw- addition by the Judge. and tire sub- l Judge to comply with such dinec- interns ed fallow. tho-s ‘g3 1332*‘ , I - Dwfid- BWQW. t0 be in 9W" 0n scquen‘ notions of said Act, it is tiimsand to proceed with and our-ed him an copgiuunltyvbf elect- A . _-__ tho Rum“ his gown. He very manifest ‘that such 112000881118! m“ of J L. - .. or final mofigr 400d gain in whom with u» provision of m- m lhlll :3: 0,, “fun, ‘fife igffifmfg I; aigurtihot llrocoedinca in the County specify such pm. “dfllflng, would be u we,“ u sifilisfifi... olgllffivinfi snmllf. ‘If carry out the order of tho Judge qmum, u, “k course, M. m, I, L‘ Hy 1e m F J. Notice of Appeal ficm' any om“; m, Wm Noemi! m d’? fit-rs 0f Btutfl- - who d“ m mm“ n the Judge Appemm mm but M; m‘ ‘mm s d tequa no tar at t e Re- Judgment whether final or inter- lions 160 161 and 162 would mean It has also been qmtended that under the Dominion Election Act. ‘M ‘ppeued m 0mm Mm" m’ leg“; zflzigtifndag, n? ghizf locutorycr from a final order tiled by the appllfl- "The Edpnme Court”: and con- gnblil-eolrflighgbélnbeelbfigaficqzlwir: i‘ ""1"" d°“¢n‘°'-" '1'" h" (mic! Justice; and after some few 1939 w" m; m “may; ‘QM “:1; 15w‘ b’ m“ m‘: “en” "mu" t “P” » ‘hi-u mm‘ wqueniiy the question "persona out representative of His Mai bffimgdg, m mm‘ °°"'“' ‘n’ questions were asked and answered, Couagy gquj-g- 5mm, m, 0mm, mentygfgzrelfiu‘é'fie°iwugtlu4l' ‘i? m) V W"! (Woks there- dgsignltl" could not possibly m“ the King. he of all persscs ASE ° ° 9" ° 17mm (If 4P- court was again adjzurned until com-g M; [Md ‘ l" I ' 4" l - . - - It would be equally slur that in n0 1011f!‘ be interested. ' pea]. m, pommgon 3mm“ M, the ramming day mnchhmry i‘; m"; "MINT “d” m‘! "film and extend the (8) At the time and place ap- M Non}; Hum“ mam” c”, 5g If l-l Majesty the Kim or hil _ - lineal from any time for giving och tic 1th int a n . f u is 1 t . m?“ ‘mdgeanfirnpgwefv 0’ a‘: 0n Y-hfl 39th 0f Sebtemberz- judgment of said Court. before or after in: explrxllatim: tbcree-r fieffjmeyutufplfliifi, 0,2113, ‘:5; Hugh’? V‘ M°¥"°’-h;fl_ gggerdslili‘ liphgldinivloouroggfigtitbjtigxn, 8 or 8 en e Tho minutes of the Supreme Am m, gum pmoudm“ u mm.“ of. Every Judgmem, u“, m. h, ' hum,‘ my be fidjourhed‘ “m. cape-s c“ til-elm! 51$“; and the laws of our Country. then such an argument, would be 0% i. r a