we: te rn Locals

_.'l'lris aolalls — a rved far- no u. [pa] lliflaal bu! advanlglg; ‘i 1pm; nah" lay be inserted

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.4091!!!) DOCK SALT, Ill-lb. blocks for 70c at Braces. L-EM-l-flfi-Ii.

EuAVl YOUR Prescriptions fill- gd accurately promptly at flbhiifl Pharmacy, Summerside.

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_FUB-S BOUGHT-We are eon- mmlng to buy daily. We have one order for twenty fine quality third

pale silver. Ofiiee- of B. Graham Ln, Summerside. 8449-1-9-111

DFEMALE- FOXES WANTED-f Registered, dark or medium silver. writs or phone immediately, Do- minion Silver Pena Furs, Slimmer- ‘llle, L-MIS-I-id-Ii

._A NEW. FRESH, hllh-teet mile battery will improve your radio reception, 'Ordcr now at Bruce's- L-9091-l-I4-1i

-"DOC' IIeHIISSON SAYS- iurn out the fkht kind oi suits andyouwilisuregettheright kind of business hflne is real good. Thanks. L-t776-1-24-Ii

JUNGID DIIIDING I-ATION ml, FOXIS ior the-mathig season and SUNGID Gestation s; Whelp- ing Ration for vixens following mating are available at your near- est dealer li-Ulili-l-M-ts-tf.

~71!!!) PIEAQ — Rev. D. C. Bill, oi Icalin, Qih, arrived last evening in Slmimerside and will oc- eupy the pulpit of the Presbyterian Church for the next two Sundays. ~45.

-IOIllIII.-'l‘he latest feeding ideas developed by leading authori- tics on feeds, are incorporated in BUNC-UO Fox Ibeds. We are con- stantly improving- our ieeds from year to year by adding any o- developed. We do not

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--HOLIIAN'S ‘MASTER, TAILOR

everysult and overcoat-person- ah-sndmakesslweyouflgeea "Pei1eotH."‘Es aItr-a service oosisnomore. And remember»- ifoimerfsCuarantee

which moved by Past Grand Debputy

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41's! uust Bryon Olive uii.‘ ens

Taylor Drug C0,, . ' i-lt-tf.

_ WOSTISS-tlhs bidenee for "the regular afternoon brlQeinStIls-lysflallonrriday were llise Eleanor Green and M15 Viola Mackenzie-J.

—-SUNGLO CLUB HOLD MEET-

‘ INC-The first matting of the Sun-

sic River Iox Breeders’ Club was held on Wednesday evening in the office of the Interpational 210x Seeds. Mr. L. W. Hancock was ,in the chair. After s little discussion the general objects of the club were mltlined. A committee of 8 was ap- peinhd to mange the activities of the club, namely, L. W. Hancock. chairm . B. G. Rogers and D. o. Stewart. The weekly meetings will be held every Monday evening at 7.80. A discussion, led by Ml‘. Han- cock, Nllrding certain breeding principles as applied to other lines of livestock was next taken rm. This was followed. by an outline of the itiharactlekrtlskeonstituting lge sil- ver oxes‘. w gone in very thoroughly in oper-lgdiscuesion. Fut- ure meet-inn will deal with the inheritance of these different char- actor-e. It is also the intention of the club t0 use this outline of characters in preparing e descrip- tion card for use oi ‘ ’ breeders in mating their foxes and keopingenexaotreccrdoieach fox in extended pedigrees. There was a large attendance and the meet- inu will prove helpful to breeders generally-S

—IAPI'IST OIIUIKII ANNUAL DEBUG-There was a largo at- tendance of members of Summer- slde Baptist church at their annu- al meeting and banquet, held on Wednesday evening in the church ha-lhlhspite of the very bad condition of the many member eame in from Wllmot Vel- 107.‘ Bev. Mr. Wilson presided at the banquet and also at the meet- ing. The ladies are to b! congrat- ulaitod on the artistic decoration of the lrblea and the delicious food they provided. A snort musical pio- gram was much enjoyed. ‘Ifhose tak- ing part were, duet. Mrs. Jack Meet 100d and Miss Ruth". Simmons; Beading, Wilfred Inman} ‘VPiano duet, Mrs. Clifford Montgomery and Iflss Nora. Enman; Vocal Solo, ma. Colin Stewart. Rev. Mr. Wil-

wcrk referred t0 the splendid work 0f (fie late Mfrs. Gliddcn for the church. She worked un- ceasingly ior the Sunday School and ‘Baby finds; and as president oithevmmadidmucbtoea- tusd the work of the local society for foreign missions The reports from the various committeeelwere most encou and the finan- cial report submitted by the tress- iuer showed the chufvh finances to

d be in good standing. The officers

were all re-elected for the coming yuan-S -

—K. OI‘ C. l'UNCTl0N—Orl Wad- nesdsy evening at the K. of O. Home there was one of the finest entertainments of the season. Past Grand might J. E. Dalton DN- sided and introduced Rev. Father Cloran, of thr itedemptorist Order, who gave an excellent address on “Character? After covering briefly the varlom phases of this broad abject Father Cloran limited his talk to the " ative elements’ oi character. The learned lecturer handled his subject in c, masterful manner-and held his listeners spell- bound as he illustrated the causes that go to make up character. Space will not permit of a full report or this wonderful address but sufficient -to say that everyone present enjoyed it an" received in- oalculebie benefit from it. A hearty vote of thanks ie the lecturer w:

. Areenauit. second-d Past Grand might 1r. rosy and sm- ported by Vlry Rev. Dr. C. J. Mc- Lellsn. v.0. There was

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fcriried and made a splendid impression “p91; its lnltlsl performance. Vocal were also given by Past Grand

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Judgment in the above mentioned in the County Court of Prince

judgment 2

‘This was an action for one thou- sand dollars damages for wrongful srrut and false imprisonment oi plaintiff in July last. Plaintiff ls proprietor oi the Clifton Hotel, Summerside.

By a bye-law of the Town of Sunimerside the parking regulations in regard to motor vehicles are un- der the direction oi the police oi the ‘ town. On the evening oi Saturday,‘ July 38, 1934, a commercial traveller parked his car in iront oi plaintiff's hotel when he was spoken to by Special Police constable Iii-Donald who took exception to the manner in which the car was parked. The matter was adjusted between them by the officer allowing the car to re- main the way it was, while the trav- eller went inio the hotel and packed up his samples. Thus that matter ended. and the officer went away. The commercial traveller then went into the hotel and complained to plaintiff about the way in which he had been used. In about 10 or 15 minutes the same officer was again in front of the Clifton House, and the- plakrtiff ‘accosted the officer abmptlyandtookhim to taskforthe‘ treatment that had been accorded to the commercial traveller, a guest oi the hotel. Words passed between them, but nothing more serious happened than s few expletives on the part of the plaintiff, and the Constables referring to the com- mercial traveller as a "guy." After this conversation the officer again went away. In about i0 minutes he again ratumed to the hotel, and, without further ceremony or words, arrested the plaintiff and marched him up the middle of the street and planed him in the Town lock-up. After about l0 minutes, the plaintiff was released on bail. Ori Monday morning following, on in‘ rmstion was laid by the Chief of Police in the name oi His Majesty the King against the plaintiff, charging him under Section 108 of the Criminal Code with wilfully obstructing Con- stable McDonald in the execution oi his duty. On this charge, plaintiff was fined, in the Stipendiary Mag- istrate's Court. The plaintiff then brought an action against the town for one thousand dollars damages for false arrest and false imprison- ment. The defendant 1n effect pleaded three pleas, namely, (1) Not guilty, lbtoppel, and, (3). That even I the Constable did wrong- fully make the arrest that the town was not liable under the circum- stances.

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The Judge, after reviewing the evidence, stated that he was of opin- ion the parked car did obstruct traffic; and further, that after quot- ing authoritles, stated that the plea oi estoppel didnot apply in this case. Be also held that the arrest made by the offcisr was illegal.

‘These matters being disposed of, the Judge proceeded as follows:

lo Lhblllty of Town

I_wiil now deal with defence Ne. 8, which is, that even if the arrest and imprisonment were illegal, the town is not liable for the wrongful conduct of a police officer enfor- cing the provisions of the Criminal Code of Canada. After reviewing the evidence as to the appointing cf the officer, the Court‘ held that he was at least s die facto officer, and that the suggestion to arrest emanated from the Chief of Police.

The judgment then continued: ‘Ibo defendant relies, for the most part, on the case cf IcClsave vs. Olty of Menetcri (IBM) 82 5.017,. 106. Theheadncteofthiscaseis follows: "A police officer is not the agent of the municipal corporation which s ts him to the position, and, if is negligent in performing his dirty as a guardian of the public peace, the corporation is not res- Ne.’ "This doctrine that the principle el’ * ‘ ior does not ap-

reopen - ply to the police officers l-iad previ-

ouaiy been recognised in the Ontario 00Gb (Kelly vs. Barton (INS coon. see: I an. m: Win vs- Board of Oomr. of Police of Iiondcn,

iii “ ll 5 5g

l: ‘l

(1901) I, 011R. MA.) and in the

case, which has occasioned a great Manitoba Courts (Wishart vs. Win- deal of interest, was glvm yesterday nipeg (1807 4 MLR. 403).

The MoCieave case (above) has

County by His Honour Judge In- been followed in Alberta in Pen Yin man. Following is an outline oi the vs. Edmonton (i915) 24 CLCC. 327;

and in Saskatchewan in Gibney vs. Yorkton (1915) 31 WLR. 528.

Io Agents Other ‘Bran Police Officers

In considering the law in regard to who are agents and servants oi municipal corporations, there are certain rules and tests applicable to agents and servants generally, save and except police officers enforcing a general law. In cases apart from police officers, the law is well settled that municipal corporations are 1i- sble for the torts oi their servants and agent): See Haskith vs. Toron- to, 1998, 25, AR. 449; Show vs. Win- nipeg (1909) 1, Man. 1.3.284; Saun- ders vs. Toronto 2.9 OR. 272, and McSorley vs. City oi St. John 8, 5.0.1.7.. 531. In the latter case in the

1 Court of Canada, Mr. Jus- tice Strong agreeing with the ma- jorlty of the Court, quotes and ap- pliu Section 772 in 2nd Ed. (Sec. 974 in 4th Ed.) of Dillon on municipal corporations, as follows:

| “It may be observed. in the next place that where it is sought to render s municipal corporation li- able for ‘the acts of servants ’or agents, a cardinal enquiryisv wheth- ‘er they are servants or agents of ithe corporation. If the corporation aqipoirits or elects thorn, and can control them in the discharge of thdr duties, can continue or rurwve thorn, can hold them responsible for the manner in which they discharge their trust, and if their duties relate to the exercise oi corporate powers. and are for the peculiar benefit of the corpora-thin in lie local or spee- iallutcawhtheymaybejustlyre- garded as its agents or eervanta, and the maxim of reqxmdeat T "'

agpliee. But if, on the other hand, they are elected or appointed by the corporation in obedience to the Statute to perform a. public service not peculiarly local or corporate, but because this mode of selection has been ‘deemed expedient by the leg- islature in the distribution oi the powers of the Government, if they are indepepde it of the corporation as to the tenure of their office and the manner oi dischs their

as the servants or agents of the cor- poration for whose acts or neglig- ence it is impiiedly liable, but as public or statutory officers, with such powers and duties as the stat- ute confers upon them, and the doc- trine of respondent, superior is not applicable. It will thus be seen that on general principles it is necessary in order w make a municipal cor- poration impliedly liable on the maxim of respondent superior for tbewrongfulactorneglcctcifan officer, that it be shown that the oi- ficcr was its officer, either generally or as respects the particular wrong complained of, and not, an indepenc- ent public officer; and also that the wrong was done by such officer while in the legitimate exercise oi some duty of s corporate nature which was developed upon him by law or by the direction or authority of the corporation."

It must be kept in mind that the McSorley case was not one in eon- nectien with a police officer, and at the same time kept in mind that said Sec. 772 has had placed upon it the approval of the Supreme Court of Canada in the McSorXey case.

A Dllerant ‘lest Applied To Police Officers

The plaintiffs counsel has drawn my attention to Section (772 in 2nd Ed, 974 in 4th lid.) and claimed that. tasted by this section the plaintiff should have an indict as Constable McDonald was appointed by the town, paid by the town, eon- trolled by the town, and could be dismissed by the tovm. Since this case was argued before me, I have had the opportunity oi reading the McClea-ve ease as reported in the Court below (as N33,. 290) and there find that the earns argument was presented to the Supreme Court of New Brunswick, and was deal’. with by Mr. Justice Gregory as foi- lows:

After wtating briefly the facts of the Mmorley case (d, S.C.R., p. 106) and after reading section 771, above quoted, he proceeds (in 36 11.13.11,, p. 307-300) as‘foilows:

"The plaintiff's counsel in this case argued that according to the teat finniabed by Mr. Justice Dil- lon's work, Belyaa came within the els- of officers or servants, for whose acts the corporation of the City of hfonoton would be liable, because Mela-lined. the city appoin- ted him, eontroliedbim in the die- ehsrge of his duties, eouid remove him, could bold him responsible for the manner in which be discharged his duty, and the duties were for the peculiar benefit of the corpora- tion in its io_cai and special interest, and the city derived a benefit cf the fines. In this claim, however, the

counsel overlooked the clause in the text requiring that the duties relate to corporate Ilr. Justice

duties, they are not to be regarded u

"(Th9

Importj-‘rpiktl Judgment In Case Of M. P. I Titus Vs. j

Town Of Su mmerside

Judge Inman Holds That Town Is Not Liable For The Wrong- ful lArrest Of Plaintiff. By Police Constnlils. '

tion for the acts of its police offic- ers in the very next section of‘ the work to that quoted by Mr. Justice Strong (Sec. 779 in 2nd Ed, 976 in 4th Id.) He says in section 976, (778 in 2nd Ed): - .

“Agreeebly to the principles just mentioned, police officers appointed by a city are not its r ms or ser- vants, so as to rendr ' responglblg for their unlawful or negligent acts in the discharge cf their duties, and siccordinlly a cit! is not liable for sn auauit and battery committed by its peace officers, though done in an attempt to enforce an ordin- ance of the City, nor for an arrest made by them whichis illegal for want of warrant, nor for their un- lawful acts of violence whereby, in their duty in suppressing an unlaw- ful assembly of slaves, the plaintiff's slave was killed. The municipal cor-' poration in allthese and like cpses represen the state or the public; the police officers are not the eer- vants of the corporation; the prin- ciple of respondeat superior does not apply, and the corporation is not liable unless by virtue of a statute expressly creating the ii- ability."

On appeal to the Supreme Coiut of Canada (87, S.C.R. IOB-a) this decision was upheld. Chief Justice Strong, in delivering the judgment of the Court stating:

“We are all of opinion that the judgment appealed from is right, and that the proper distinction has been drawn by Mr. Justice Gregory in comin to the conciusi that the city cannot be held liable for the acts of Constable Bolyea in his ef- forts w secure the observance of the statute."

Hence it appears that in ascer- taining municipsl responsibility for torts of servants or agents a differ- ent test is applied in regard to police officers from that applied to other officers. The hiring, thecontrolling, the holdinghim l ibis, were all t in the McCleave case, and yet the corporation was not held liable. “

n. Tests Diffelmt '

It will be observed that when Chief Justice Strong in the Mc- Clesve case quoted section 772 in 2nd Ed. (974 in 4th Ed.) he left out thg part"in “black” above quoted, showing, by inference, that the part (in black) omitted, is not the test in police officer eases.

‘lberreperhetlnhilieecasee

The test in apolice officer case appears to be whether the law being enforced is municipal, or local in its application, or who her it is a gen- eral law affecting he general pub-

e. This point is emphasized by Mr. Justice Strong in his judgment with

wherein he said he agreed with the Court below that the wrong com- plained of "was not ‘ ‘ by him while in the exercise of sduty of a corporate nature, which was imposed upon him bythe direction and’ authority of the corporation merely."

See also cases Aikens vs. City of Kingston (1928) 3 nun. 909; and per Graham, J. in Tiiley vs. Hali- fax (1983) 1 DLR. 531 at p. 56$. | m the instant case the plaintiff was not arrested for uiiririgement of a bye-law but for a violation of Sec. 199 of the Criminal Code of Canada.

I regard the instant case as com- ing within the principle of the Mir Cleave case above cited and I there- fore hold the defendant corporation to be not liable. There will be judg- ment for the defendant with costs.

Mr. T. A. Campbell, 110., for the plaintiff, and m. E. II. Strong, 8.0., for the defendant.

Winter Travel to The West Indies

Que.,_Jan. Eli-Wm- provement in the passenger book- shipe operating a series of winter cruises from the ports Halifax and Bostonio the Brit‘ West Indies, has led to a general impression that choice accommo- dation will not be available for the remaining winter sailings", stated traffic manager cf the Canadian National Steamships. “While theme has been a noticeable increase in vacation travel during the past year and so far this year, to the Caribbean coi- onies, with a satlsfscto y increase in advance bookings up to the first half or February", states Mr. Ibo, "there is still a wide choice of sc- commodaticn to be secured for present sailings and after particu- larly from the second half of ren- ruary t9 the and of the winter season." Commencing with next month we will mam six sailinl by two of OIII’ "Indy" ships from Bali- isx and Baden on what is known as the "Western Service" via. Ber- muda, to the Bahama Islands and Jamaica. Another six sailings will be made "Indy"

McCleave case (37, SCR. 109-110)..

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“H. a 1T. Bright - Gut” Tobacco‘

Plum the shelves . 111w‘ cases and counters of Island Merchants, tobacco lovers are now abieto pm- chase a new tobacco the product of the Hickey and Nicholson Ttirecoo f‘ oi Charlene-town, who for more than fifty years have been manufacturers of that standard in chewing tobacco, “I-Iiokeyb Black Twit,” and of fine srriokinglpbac- cos. This tobacco will be introduc- ed in the public under the name, “H. & N's Brisht Out," and the company puts the attradive look- ing package on the morbet confi- dent tblt its contents will fully maintain the high reputation es- tablished by their other products. because it is made from choice leaf. Very soon the discriminating smekisrwilirecegnizeitasatieeet on a par in quality with any tobac- oo on the market of the some price. 10 cents per package. Hickey 8s

Nicholson Tobacco Co. are content '

that "Bright Cut" will win its way to popularity very quickly. Lrid it has been the Company's endeavour to manufacture a tobacco of such excellence that it will find favor on