cell, asthma, 7 ' I "cgdiiéiiiiipierd , ‘pineal nurse's? ‘It hind‘ ,flt'ifi '. (Canada. m. “mli/lsiitlezi- ~ m mm a mallard plaster M 1’ wssroanlhfbw‘ ITO-bile Electors 0f Ward Fou n, thc IGll-etors of IVard 4: At the request of many electors o; win-ii 4, tllo undersigned again utters tor election in ‘the forth- nnnlug civic contest as a repro- aeutativo of this Ward. ‘ppm- six years past a sincere of- iiort has been nlade to faithfully serve the Ward and the City, and no record is before yoll. 'in' every civic activity making Th‘ its bcttoruieilt. in the practice 0t the utmost economy in. neces- gny and urlvisilble retrenchment. imthe cnfortronlent of law and [particularly in tile improvement of inn bye-lilw respecting inspection kl meut and milk products. our ef- iorls will be consistently directed. l. support will be given to such fdintinilanctl of pernlatient street ‘building as is provided for by the hllcral grant and to a more oqult- ‘able ussesstilvnl fur purposes of taxation. Any increase of thc lat- ter will be opposed. ‘ 1f agaill ilonored by you, faith- ful service to thc interests of the citizens will be our constant aim. Thailking you for your appre- ciated support and Influence. ‘central Guardian ‘PECIAL QKKTE It Areflg1o. night. 2i ACTION ALL ‘rue TIME at West Kent sports Friday night, n; Arena. l 1i CHARLOTTETOWN DR|V|NG 111-115 meeting iflliight at a o'clock sharp. LQTTETOWN Driving (jinn will be- held tonight at 8 o'clock. . 1."'I'HE GIRLS’ RACE ALONE is worth price ot admission 26 cents Arena. 1| P. W. C. v8. BANKERS 11/; tonight. Admission 26 gentn, HOCKEY MATCH, P. W. c. vn, Bankers starts at 7.30. with band after game. B. Arsenault. city has receiver] the his son-In-lnw, Isidore latterly oflmwrence, Mass, cause oi‘ death. States. Wage Dispute (Continued froln Page 1) reach sonle luoans of settlement either by agreement. arbitration or that will bring about conciliation, province cannot much longer tol crate the condition brought about by employers and employees con tinuing a struggle. ruin to all concerned.“ M r. Barrett's Reply. aliive to our public at largo has been placed in A MEETING or ras can. at West Kent Sports Friday night, hour's skate with band at Arena 2i Skating 1i RECEIVED SAD NEWS.——Mr. J sad news of tho sudden death of Myers, forlncrly of St. Louis, l’. E. I., and No particulars were received as to the Tho fnnlily of the late Mr. Myers reside in United which means Mr. Barrett's reply said: “In reply to your tclegrunl, ilcrinit me. to say my associates and self are keenly responsibilities and have been for some time, and we regret very nluch thc position the and willie we can realize -the gener- al inconveniences that have been brought about by tho lockout. that was put into effect, we must give J udgmeni; in Chancery (Continuum; i pngg 1) and "u" 1119l11lted strip” "The ‘ganged “"19" 111 Of the same f 5 north and south as the "12 oot strip" and is bounded on the gist byt trim “12 foot strip" and on and e1?! Y the old line of postg ence formerly enclosing the Weatherbis Lot on the west end thereof. > _ c At the 111111. on; defendenVs mmscl WW1‘ the first witness John Molllaon, Ian‘! surveyor’ had been examined, "raised the ob- jection that the evidence of this witness disclosed the fact that there was a question of title in- volved in this suit and that there- fore this Court had no jni-lntiiciion that the remedy was at inw and that all issue should be directed. more was "0 lift-lumen! on the lioint, but on the suggestion n: tin, Court to which counsel on both 5m“ “"9911 111B tloint was left to be argued at the conclusion of the case and the taking . hi’ the 0V1. diillcfliwilfl proceeded with. 0n the argument and in support of his preliminary objection, coun. sci for the defendant. quoted inter aim. Wulkor on Partition Acts 2nd Ed. DD G1 to 64 and the cases therein referred to. After review“ dni-Z those cases. this author sums up tho law as follows: "The Court has jurisdiction under Sir John Rolls Act to decide legal questions which may incidently arise Ill actions for partition where the parties claim under the same title, and the question be- tween them is only one of con. structinn. but whore inn pflftkxg It‘. II ii (I t101.l“11‘__ _ (liilllifltliltldxl 32a’ )cxlsifiiljtfolit1jlat)llg chm‘ “nder ‘Hfmrent m1” m‘ tnines. The public lntortists of this where “m cmwtr'wflon of 1015111 questions is not merely incidental 1-0 ll-‘trtition or sale but fornls the real gist of the action, then the Court has no jurisdiction given it by the Act." —(Slude v Barlow _ I-.. R. 7 Flq. 296; Bolton v Bolton i7 Ii. T. N. S. 556; (liffnrd v W11. hams 8 Eq. 494 in app. S chap 54G). ' I accept thc law as summed up above and in other authorities and can only repeat that in partition suits where the construction of legal questions is not merely incl- dental to partition and sale but forms thc renl gist of the action the Court Ital-s no jurisdiction given it by the Act. . THE CHARLOTTETOWN GUARDIAN lug of expense require such a eot an issue, but unless a "stroll! case Is made It will be reluctant to send the trial of the case into what l may call a foreign jurisdic- tion." And again at Page 465 he goes on to say "Two grounds have been mainly suggested. > First of all there Is the general ground that it la a legal question. But l wholly deny that every ‘legal question is to he sent to a jury. There have been multitudes of eases decided by the Court of Chancery, and most p_operly decided, in which the question of nuisance has been tried by the Court. itself." And at page 466 he sums up as follows: "To that I shall only add this, that although I have said- and l adhere most distinctly to what I have said-that it is com- petent for the Court, at any stage of the case, if it ‘thinks the ends of justice require it, to send the issue to a jury, It is not right to en- courage applications of this descrip- tion, for they obviously are very inconvenient and unnecessarily take up the time of the Court." It I needed any further slither- ity on this point it is to be found in the case of Bovill V. Hitchcock (L. R. 3 Ch. Ap. 417) in which Lord Cairns L. J. reviews the law. At page ‘I18 he says: “This appeal la rested on two grounds-tho first being that as bcforo thc course of the Court of Chancery was zrltcretl so as to throw upon the Court the duty of deciding questions which, according to its former course, were sent to be tried at law, a ques- tion of this nature would have been tried before a jury, so now either party has a right to insist on its being so tried. I cannot accede to this zlrgtlnlcnt. The effect of the Acts is to impose on the Court the duty of deciding those questions, and, ill the absence of anything to the coillrary ill the Acts, the Court nlust try them according to its ord- inary coilrse oi’ practice. If the Court thinks it best that a question should be tried before a jury, a jury can be had, but if, in the op- inion of the Court, a trial without a jury is [lI‘0I(‘I‘t\1)|t‘., neither party can claim a jury as a matter of right. It is a fallacy tn say that under thc old practice. the Court required n legal question to be tried by a jury. What it required was a judg- nlent of a Court of Common Law. Ill most cases it was a necessary incident to DTOCOOGIIII-‘IS at law that there should be a verdict of a jury before judgment, but lhcsc cases were sent to law, not that they might be tried by a jury, but be- course, I take It the Court will dlr- 26 Moillson gives the exact length M 8 fest. ' None of the witnesses examined before me with the exception of Mr. John Molltson. Land Surveyor seemed to be able to fix with any degree of accuracy the width of Bedford Row in feet (that is of “the l2 foot strip" and '1 "disputed strip") at any time within their emory and various estimates as to width measured from the west side line of this street to the said fence or to posts to which a. fence was affixed oni the east, were giv- en. Many of the witnesses who referred to these posts and fence’ seemed to have regarded it as forming the western boundary of the Weatherble Lot. A3 to when thes posts were put down or the fence erected not even thc oldest witness could remember and none of the witnesses remembered that the site of this fence or thcsc posts was ever changed or that the street was cvcr different in width for a period extending Ilack in some cases to thirty-five years, except about the year 1919, when the alleged encroachment or nuis- ance was committed. Mr. John Mollislon at. page 3 of the evidence says that the first time he took ob- servation) S of tho street the part traveled or turnpikcd was 20 lo 22 feet wide, possibly 22 feet; and at pages 6 and 7 he says that after the street had been widened a few years after it measured 25 feet wide at the south end and 24 feet at the north end. These measure- ments were from the west boundary line of the street to the west edge of thc ditch or bank of the ditch on the east. It would serve no purpose the lavidcnce in (lctail. sum of thc cv-idonce I fin-d that "the twelve fool: strip" and "the disputed strip" have been used by thc public as a street or highway for foot and vehicular traffic for a period extc-ntliilg buck thirty five years and over;' that the east- crn boundary line of said "dis- puted strip" was a line of posts to which a fence was affixed to en- ciosc the western end of a field known as tho Wcatherbie Lot. That from the time of the fire ill Sulnmcrsltlc about the year 190T, this fence was allowed to go to de- cay but that its site is still ascer- talinahlc. The question arises whether thcre ever was a dedication of this “disputed strip". it is not ques- tioned but that there was a dedi- cation of.the “twelve foot strip". From the case: "In order to constitute a valid dedication to the public of a 11181111111?- 11Y the owner of the soil, tt is clearly settled that there must ‘he an. intention to dedicate-there must: be an animus dedlcandl of which user by the public is evi. deuce and no more and a single act of interruption by the owner is of much more weight upon a qneg. tion of intention than lnany acts of enjoyment." And Lord Blackburn in Mann v Brodie (10 a.c. p. 386) quoting Parke B. as above adds: "But it has been held that where there has been evidence of user by the public so long and in such inan- nor that the owner of the fee, “i110. ever he may he, must have been aware that the public were acting under the belief that the way had been dedicated and has taken no steps to dlsabusc them of that bc- lief. It is not conclusive evi- dence but evidence on which those who have to find the. fact niny find that there was a dedication by the owner whoever he was." In the present case, posts were sunk, a fence put up and the public far many years extending beyond the memory or any witness examin- ed used the street. or so much thereof as was necessary for its purpose between this fenice and the western istret line. It. is further not denied that the owner Robert Wca therbie used to visit Summersidc and consequently must have been aware of thc user of the street by the public but never attentpteti to take stops an disabuse them of thc belief that ‘they had thc right to use it tn this way and in this con- nection I would like to give a quo- tation from the judgment of Lord 11611 t0 Chilvilfi ‘I-lalsilury in McPherson v Scottish Rights of Way (13 Ap. C.) at page 748 and which l adopt as part nf my judgment: "However good nzat- ured the proprietor might be and however desirous of assisting his neighbours. ‘I think he would dc- sire to ‘protect his rights by in- lii-‘ilifll-l ilbon some record of his rights or some way of chewing that what was being done was by lic- ence and permission and not as of right, but I look in vain throughout the whole evidence for the ‘least intimation of any effort on the part of the proprietor to impose upon those per-sons who were using the road-any kind of ‘hindcrance which could be removed by his per- mission." This ‘is the principle also follow- ed in the Quccn v. Pctrie (4 E & B 737) Turner v. Walsh (6 A. 1C 63G) and in numerous other decisions. In Turner v. Walsh which went to the iPrivy Council. ‘Sir Montague E. “BETTER BABI Lord and Lady Reading, Vicero day; ago opened the first of a seri They have been instituted with a they affect the children of India. in the women of India, and the pic looking over the plan; for the hos her. Just behind her is Colonel Ca George. The picture was taken at "U sufilwl 3am Li" ES” FOR INDIA y of India and his wife, n few es of 500 baby shows in India. view to improving conditions n Lady Reading is keenly Interested turc shows her a short while iqo pita! to be erected and named for rey Evans, son-ln-iaw of Lloyd Simla. the case of Harvey v Truro Rural Council (1908-2 Ch. D.) where Mr. Jilstice Joyce quotes with approv- al the law as laid down by Vaughan Willie-ms L, J.. in Necle v. Hcndon Urban iCouncil (81 L. T. 405) "The Dififiiimption is that prima facle, it there be nothing to the contrary, the public right of way‘ ilxtends over the whole space of ground lbc- tween the fences on either side of the road, that. is to say. that the fences may prima facle be taken to have been originally put up for the purpose of lseparating land ded icated as a highway from land not so dedicated." There is only one other rpoint ar~ lsing in this case. Evidence was 411111110011 by illlc defendant that wircn the house which it is alleged in evidence is built tin part on this "111811111011 8115i)" vials under con- struction that the Town of Sunl- nicrsidc through its officers gave u permit for connecting the said house with the Town Water and Sewerage System, and‘ also that thc town entered Into negotiations with the defendant's predecessor in title. Mr. Maynard Sehurnlan i'or the purchase of 15 li-eet in width al- ong ‘the said Bedlford Row or Rail- way Alley and immediately east oi ITEEDING COWS ON FISH it see-ms somewhat startling to learn that cows are fed on fish. ~ Since, however, this information Ia contained in a consular report, it seems to be dependable, says an English writer. The cows which have become fish-eaters are owned by the Farce Island folk, and the fish on which they are fed is coal- flsh, a sort of poilack. The fish is not cooked In any way. It is merely dried, and be; fore being given to the cows is pounded between two stones. It seems to agree with them, for they live on it during most of the win- ter and yield excellent milk. Some cattle have queer tastes," for the writer has senn them down on a beach by the sea grazing on some sort of seaweed which they - seemed to appreciate. And whllo most animals know well enough what is good for them, cows some- times fail in t-hls respect. A case is mentioned in which. some painters having left pots of paint behind a hedge in a meadow where cows were grazing, the an- imals went and licked up the paint. Ten were badly poisoned and two died. Not long ago a wild dog, which 1 m“. thought to the miners and their But the present case; is not one 931159 11119 @011"- 111111 11° 1l1115i11¢‘ The “my Undone“ or ‘lemcafion I . . . . ,, . sinner-Cm families in the ntincrs being granlt- of partition and I am of the opin. tion to decide upon legal rights." 111111 0f 1116 "1W01V6 100i Strip" i8 5m1l11_ -‘111_1<1 111 111i Judgment 111 1110 12 100! B11111" 931m‘? fro"; §°“111I:"Te:11c€'1 3:; I. J. YEO. ‘"1 i‘ MW“ ‘wit’ “*1 ""11 i119!’ and, loll that tllere is a (liffercnce lllfltll‘. 1111* 1110b" 1‘"1"<‘»'|Y i" i111“ “we "1 111° A"i1°"°“ P11"! ‘"7 1857- "a5" "31 . . gm] to He -(t)o'r~ 15:1 o u‘ k a p their families may he able to enjoy in cases o; Dal-two“ and sale and can only be applied by a Court. This plan would show on the part FY0111 1011K 0911111111“ 1151"‘ 01 a 11 illtliehred to me lirom the Qvj- dog. but a so: o m ng n he-n _.._.__ some of the tmnss that arc worth h, cases of injunctions m abate q "1 Equity: the court has exercised oi‘ thc owner Mr. Wcatherbie, whefmY by 111° 1111111“: ‘vhether the mud (191m) m“! I 11m”? "0 ‘1911171 111*" tween the. do? and the 10x’ T is ’ its discretion in hearing the cvld- 1101011Efi i0 1110 (P1011111 01‘ l0 a DPI- sluch was the fact, that in tilclse creature 1n "5 W114 “Me roams Willie in iifc. 111 Yliltiy 119111111 1119 it is alleged owned the plan, an in- to say we will not be a party to or- dering tile minors to return to work until n contract has been negotiat- ed, carrying‘ a substantial increase nuisance. and such would appear from Daniel Chain. Prac. Vol. 2 (so. E11.) at page 147s wllere it is! suit "an injunction will also be granted. in some cases, where the the beaches, and its principal food consists of crabs. the shells of xvhich it: cracks with its strong teeth. ' This reminds thc writer of the tenltion to dedicate thi strip as a vine owner dedicano" {mm the highway m. street s I Submit lCrown or the private owner, zas the ' ‘icasc may be. in the absence of however that an intention to de- - _ .‘ . anything to rebut the presumption ilicatc in law is not sufficient tolmay and indeed Ought to be we negotiations thc town was simply endeavouring by an amicable settle meat of a ilisputen to avoid [a Ia-w suit, and that thereby there was no admission of Zvlir, Schurmanls tit once before itself without the intcr- vention of a jury. CARD Tllc rcal question in issue here T" 111"1'31"1‘1‘"'r1 "1 111C 0'11)’ 01 C1131‘- is not so much one of law as one 1"_“°1““’“*'" iag,,‘gi',f§iz},\y§,- lt)1?:l:,l,‘;;:,.:.t 1111111911 11l1vo both legal titles and n: fact, from which tho “mqmm” a ‘l“"11c““°“ 11111055 immsulnicd." 1c t pumw aim“, mm, impqn. ponies which were introduced a iladzes and tivniieluun, and mo“, fmmqivaw. ‘ ’ ' legal rlemcdles, but_ iI".'On(‘.!‘l11)1i‘-,1IlW proceeds. I considrvrod‘1191113111/ "1’°““"1 3111111811“ by m“ The further question also arises m,“ m the rfqct m.“ cwtlfln Offlc, good many years ago from South .\t the request oi‘ a ilurge nninbnr MONTRICAL ‘M1,, 4_“,m‘ n“, mischief would be done unless theyitilat 111F119 11°15 9011111 mom iiublic. In the present case what m, m the Mum] “qnth n5 the "dis-fink; unseimifol- L,'",‘,,-.r“.,§ ‘NYC U’, America to the lCook Islands in the oi electors l have decided t_o bv- zirrivai of Antirmv ‘Steele intcrua. were entitled to more complete conveniently be ascertained “'11s "viimnuY 11"'°“'“ 011°" "1111 putell strip" and taking its cast Inhéion m‘ connect’ Hwxvuinq, snntnem Pacific. These animals conic a candidate for Oonuhlissliru- Hana] Office,- ot m0 United Mme relief thun that-which they would by the Court than before a jury 1101111111)’ 115011 by the 111111118 W111i 1101- ilOllflll-Llfy as the fence or posts BGQérHIgG sysftelm or the [Ownkm m}, originally came from Chill, where 0111)’ “I110 twelve 1001 5111i)" 1111111 supporting the fence used to en- strin of much greater width. close the “7etltilefble Lot on thc Posts‘ and a fence on the cast side west. whether the public have of thc “disputed strip" having ircquirtitl rights over the whoilc of presumably they lived, like other horses, on grass. But grass is not too common in the Cook Islands, and these ponies have got into the which would only entail additional delay, expense and inconvenience, and no serious objection was taken to this course. t'i‘ of Sewers and Water ‘Supply at thc iortiicomiirg Civic Election. I lune served follr ycalrs at thc obtain at Law. It has according- ly been grantcdfeven where the injunction amounted in fact to an tiweilling ‘house 01f the defendant. In any nvent no action on th-e lpart oif these officers or oi‘ the town Workers, who joined the officials of thc union from (Iapo Breton in an attempt to settle the situation ty. Count-ii llourd as representative of Ward 5. Silauld you elect me I shall endeavor" to maintain an cl‘- ilclcni and el-ulnomicai service in tilis tieparlnlent. As ‘it will in- lmpossiblg to sec You all [tiiiffitlllilily I take ltihis means of soliciting your votes and iniiueitec on Idler-lion Day. ’ ’ ilcspeetfilliiy yours, HUGH F. CONNORS, I.'iZ5.\lits3i then nwviili. To The Electors 0t Ward Four Ladies and (lenlletnoil: At tlu- request oi‘ a number of iln- l-Jleetnri: of Ward 4 I have. con- iwlltevi to be a czindidzltc for 1'iIllll('i11i)I‘ at the Civic Election on l"t'itl'lllll‘y litili. 192-1, ""1111: a life long citizen oi‘ (litur- iotletown, and a property ownur "iiiihrllig conversant. with the. 1i11$I11e1=s and civic requirements of eul- city, I will, it electodd, give my heal efforts lmvarda the protctztltln ril the public. interests and tho luriIu-rance oi‘ good civic govern- iueut the carrying out of necos 5111')’ imbiil: lmprovomoilts, tho prutel-tloii oi‘ the property and por- non of our citizens and especially, cliiidreti. 1am also ill favor of having 11111 Into use resources now at the. tiispoaili of the city and not used. tor the Ilse, health and recreation “i "111 children. in fact, L am in iflvour of any improvements con- slslriitavitli reasonable taxation that will make (lhariottctowti u ""1 hlael- to Iivo In. Respectfully, F. P. HENNESBEY. 2-4 id ,_ , ,_ ‘*4¢¢»¢o-04 004-04- QUEEN HOTEL WATER eraser CHARLOTTETOWN 71"‘ Popular Hotel "II been ooinplotcly runovltod Ind’ ru- furnluhcd throughout Ind offer: very com- fflrtlblo accommodation to the travelling public. Thrublo in nip»- 1'11! good and the pub- llo lro nourtoouoly 08ml for. Rater 88.00 l day, . ‘HUGE J. TAYLQR; Munich‘ Charlottetown ing up was begun the officials of Ilcscoe this morn ing. into (rouflvrence demanding a snbst antial increase. in wages. As usual with such conferences no re. ports will likely be hundctl press until proceedings are over {O (Continued from Page 1) Funeral will be held Wednesday ..WASIIINGTON, Fob. 4.- The funeral services for the former President Woodrow Wilson will be hold Wednesday and will be pri- vuto in. thc aonsc that there will be no state ceremony. A largo number of friends and former as- sociates have been designated as uctlvo and honorary pail bearers. Washington, probably will deliver a filneral sermon. Plans provido for a brief service ut the street resilience at 3 p. m. Wednesday. The body will not lie in state at tho Capitol. fifil Arrivals REVERE HOTEL Wilson, (lalt; A. Mclnnls, Rod Duuphy, Moncton, C. N. R; F. Conley, ltichtnond; North Rustico. m MEMORIAIVI In loving memory of Robert H. ruary b, I923. Death our "rléiriif he covered Took our loved one from our aid: am him flrvm our home forever 0'" the dark cold river's tide In that happy land we'll moat him With thou loved and WM 11810" Add again with joy we'll qr»! Mm Th", who" parting ill no more. HIS WIFE AND MILY , . , CHILBLAINS has has INSERTED BY FA them. or bllstered feet. imHARDs HON] o C0.’ H 1L T INIE mining operations there. by a coilferoncl: with The Miners‘ representatives go is the Further Particulars M. M. Ryan. New Glasgow; S. S. Point; C. l-l. Nelson, Monctoit: J. J. Simon Plneau, Barrett who departed this Ilfc, Feb- Mlnnrd’: takes the sting out of UATNIUQN-"Al, @114- Quickly relieved aching 1° . injunction to stop Turner v Rlngwood Highway . Board (9 Eq p. 418) Cook v Mayor Eq 177) were both actions for in- - junction and were disposed of, the one by James V. C., the other by - Martin V. (3., and no (iuestion of jurisdiction. was raised. More- - over it can hardly be said that the construction of legal questions in this case Ls not merely incidental but that it forms the while gist of the action. This is an action for an. injunction and in most applica- tions for an injunction before this Court especially in act-lens to ubato a nuisance. questions of titlo nlust. necessarily and do arise, but I find that case after case of u similar nature to this ono have been tried ill England, both iuiinrl: and after the enactment of the Judicature. Act, without the inter- vention of a jury and without an issue at law being directed. On tilts question of jurisdiction and on- thc effect of Sir John Rolls Act. Rev. James II. 'I‘ayior, pastor nnd Lord Cairns Act (both of Cii1111111 1'1‘lP-‘11>¥U‘1‘1=i11 ("111171111- which have Ilecn enacted and are which Mr. Wilson zlttonded in law in {MS province) and n, "n. swvr to the objection raised ln~ this case, I cannot do better than quote at. length from the judgement of illr G. M. (lltfarlfg ti‘. J.) iiudgo- ment. in Rnskell v Whitworth ti» cu. up. 46m at page 463- 1111 111W“ “With regard to Sir John Rolts‘ Act, there were before it was pes- scd. mlmernus Instances in which parties (mining for an injunction were told that they could have. no perpetual injunction ivlthont first of all oh- tsining a judgment at Iuw, the ob- ject of the Act was to abolish the necessity of any such course, and to impose the duty on this Court of trying the case completely. I do not. think that it was Intended to oblige this Court to direct an issue where otherwise it, would not have done no. or to call into operation tho iqervention of a inry when otherwfise It. woul . not have done so. Undarjlor lfillrnn’ Act the Court, If u tiim ‘ll-wry eilteuhli to itinilunmsai old, jee. can have a case tried by} “l?! before It- self, and I takedbfi at the clause authorizing the aéiillm’: of issues to a Court of law was added In Sir John llolts’ Act for the slmplwroa- nou that there are some nasal fit tn be tried by n. juryjn which. for tho sake of conye n00 and saving of expense It Id ' anti-able tint the trial should take place in tho coun- try. When Convenience and Bav- ‘BIRTH! Jun 27. Mr. and Mrs. I ab? b. Mattie- 50h (use Laura ulatt) a son Congratulations. DIRT-In this d! it I Gerul street. February 8. 1924, to Afr. a Nib. Wlllllh 8H1 l-lllh, 11 Mend’. eALtAoaAu-u Wlltlltlre on ‘rimtt y the 0th @6141! itnnuary. 1024. emu dononhnintitot mt of Patrick J, lntf-JMTI- clubbed. and eight _ a trespass. , and Corporation of Bath. (L. R. 6' er of the soil of what is known us called, and if so, as, to whut width was so (lcdllzaled. Tho defendant zidmits dedication as to the "twelve foot strip" and produces ancient maps showing tllc twelve foot strip marked as Bed- ford Row. This we find in a plan purporting to bo made by Alexand- er Anderson, Land Surveyor, dated September, 1854 and marked “~11 Lots of laml the property of J. Weatherbio, Earp, Summorside, Lot l7." 'l‘hls plan is not of value as it shows the street only 132 feet. in lnnwtli from Fitzroy to Ilelnlrlnt jiristian nations in the world. When these boys grow up they will be given-farm lands in - 1 ' Now as to tho facts: The whole question here is whether there has over been a dedication by the own- Bedford Row or Railway Alley so ilecn erected to enclose the field of the own-er of thc soil, it must be coilsitlcretl, and I do consider that this was notice to the public, and on which the public acted by using the “disputed strip" along with "tho twelve foot strip" tor all the purposes of a highway,—that this fence and posts was the east- ern boundary of the “disputed strip." - Imust therefore come to the conclusion from the sum of thc evidence, that. there has bccn a user by the public of this “disput- ,ed strip“ along with the "12 foot strip" as a highway or street for a period extending back for thirty- fivc years and over. ' It. is clear law that although user ans not anlount. to dedication or '- not. even evidence of a (indica- on-, still frmn long user an inten- nn to dedicate may he presumed nd this has been held so In many rises. Poole v Husklsaon (11 M. -. W. 8R0) may be called the load- lg case on tho subject and tho ildgment of Purlrc B. has been rcqucntly referred to with ap- roval in. silbsequctlt cases. ‘arko Baron says in the above the "disiluted strip" as well as "the twelve foot strip." ll attach very little weight to the statement of some witncsscs,,tiiat thc street was widened. At best what the xvitncssm tcstifleil to was that at a certain time, that is about the year lillii, by order of the Coun- cil of the Town of Summcrside cer- tain streets in the town, among them Redford Row, were widened by plowing the streets to increase the width of the travelled part. hut as I said before, not one witness was found to say that site of the fence and posts in question on thc east side of “disputctl strip" wits ever changed; on the contrary there is evidence that it never rllzvngcrl and even the said widen- ing of llllil. when Mr. M. 1F‘. Schur~ man was Chairulan of the Street Committee, only consisted of plo\v- iii-g three additional furrows on thc east side of the “ilisputcil strip" nildtlio workmen who did thc work deposed to the fact that thc plow- ing was done all Inside and west of the. posts tnarltiilg thcsite of thn old fence. The rights trcquirod by the public in such a. (vase as this and thc PIT" sumptitut that toilmvs from a simi- lar state of facts, are set out in s Her Doors to Little zfugees from the Near East 'h b s iéwptbanbcoygooti Canadian arvin‘ in the famine regions cared for by ry an are bein at their‘, new home at Georgetown “"5? flmners. A few short of the Near Euat. They the Armenian Relief Fund American Near east Relief committee. is seeking to save eiitern Canada. Bend subscriptions to Mr. L. l). Murray, llouorlury Trensltrér Prince Ed . ward Island. -. Address: nimu . L ‘of Nova Scollti, I ‘ (‘hat-lo ttetotvti, I‘. E. I. could prcjudlcaily affect the rigfhts of the pulbllc, nor could such rights .be intericlred with or any part of a street dedicated and used by the public -be closed or obstructed ox- copt through the means provided by statute. The complainant is entitled to 1succeerl in this action. ’l‘h'ere is, ill my opinion, no sufficient evidence in this ease to rebut the presump- tion of dedication from ilonuz user by the pulblic of -the ‘disputed strip’ nor is there sufficient evidence -to rebut the presumption that the whole of the “l2 foot strip" and “tho tllspwtetl strip" I hold to extend calst to the old the western end tllilg north and south from iflelmont lo Fitzroy streets) ‘constitutes the said street known as Iledford Ro-w or Railway Alley so cuiicd, and I hold as a ma-tlor of tar-t that the said posts and fence formerly en» closing the» said Wcatherhie. l.ot on iis western end were put. up for the pnnposo ol‘ soilarailng the land in- tcnde lilo be (indicated as a street or highway flnym tine land not so dcdictuted. I further ifind that lllc western part oi‘ the foundation on which tlbe dwelling house oi‘ ihn defendant is erected anti the. western ipart oi the said rlweliling house as well as the lino oi‘ posts marking the tic- fendantfis alleged western boun- dalry, are cn the said street known as Redford Row or Railway Alley. and such rpurt of said foundation and such part of the sa-ld dwelling house-as Illn wens-t oi‘ thc said old line of Icnicn aml posts as (Ir-signat- cd as aforesaid .as enclosing the Weathcrbie Lot on hhe west and which I have herein hold tornls the Eastern boundary oi Bcdford Street or Railway Alley together Blliegerl western lhoundary creed accordingly. pluinant his costs of this action. Further leave to amply. _ you“, -, (‘v/hitch latter line of fence and lposts, used at. thereof to en- close thr. Weatherbi Lot and exten- wlth all the said line oi‘ posts erzc- ted lby the defendant to mark his line must be removed and the said canad.‘ T'I.PM."“ l" > street restored, as nearly as may '11 "°°""' cwruiw‘ ' be to the same condltiion as it xvun lervlco. previous to tiha digging up and lhe making or said form-elation and tihc H. O- IROWN erection of the said dwelling house manqu- ’ and line of posts and it will bc de- The defendant will pay the com- queer ‘habit of eating coeoanuts, which are very plentiful. You might imagine that the shell of a conoanut would defyany horse to crack, hilt these ponies are quite equal to the task. Working the . nut into a suitable position, they stamp onit until they break the shell. Then they quickly bite away the succulent kernel. No Paring- End Them Don ‘t let the agony of corn: destroy your comfort. Apply Blue-jly-und instantly the pain vanishes. Then the corn loosens and coma out. Does away with clangeroun paring. Get Blue-jay at any drug store. . Q B I B III wn+wo++n+o “0-000-00-04- HOTEL VICTORIA 1 Otters to the trlvolllng public a comfortubll- > ilp-td-dlh new. con- ulna 44 moms with private blthmTln Calo- Ino In famous all over _Charlbttetiown Hotel C0,, Ltd. Proprlmn VICTORIA HOTIL ‘LL; ma»: Cktlllak, iguana-xii ‘lined "ladle? o. auto. a n (‘x blur: A. 1a‘. His, Aiuawrpt‘: ll.‘ fifllift. Qfilxriiiiu. 82'. mob:- o. r "l:~..=*.'.~"-= his h ; . . Q . 0 ' ~. Gcfohi. Amhcrlztnii. II. We . vlrm: . . i. IL. “his J- HOT‘, MOHUU“: ‘u ll- .0 r1115: It L. Mlthenofl. benching‘ 0. L. lunar. llonetbn: W. H‘ flour, Portland, Mo. ' Blue-j ay, i