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19-POIRTANT DECISION BT JUDOZ DÂR?- NELL IN TU PORT FERRY DIVI81ON COURT, IN TUB CASE OF WÂRELY VS. MUNRO. ..ction to recover back the sum of $2Ç~.00, being the price of a c0w and calf sold hy the defendant Wo the plaintiff, and which 00w the plaintiff alleges Ilwae diseased and wrongfully and illegally sold by. the defendant" te The plaintiff is *a merchant tailor, residing in Port Perry, and the de- fendant a dealer in cattle, residing in the town8hip of Reach. The defendant, learniing that the plaintiff was desirous of purchasing a miilk cow, negotiated with hum for the sale of a cow and caîf, and agreed to take therefor a receipt for the balance of a judgment held by the plaintiff against hiîmn, amnounting to $13.80, a like receipt for a balance of an account for a suit of clothes aniouniting to $7.30, and $5 in cash, representing that the animal wus just such as wvould s: iL the plaitif. ' defore the plaintifi took away the nilial, he notieed that the cow had trn extensive swellinig upon the side of the head or jaw, and, on enquiry, was told by the' defendaits son, who bad aeted in the inatter for his father, that it was nothing1, of consequence, and would be ail right if eut open. The plaintiff imxniediately there.after, upon beingy informied that the cow was dis- eased and unit for liuman use, ten-t #e-red back the animal to the defend- ant., who refused to accept it, and on their coming back upon bis premnises,t sent themn to the pound, wvhere theyt were sold by the pou ndkeeper, the cow for $~13.00 and the caîf for $4.00. The fcow ultiîmately found its way to the Montréal market, where it w-as slaughtered for humian food. Lt was showîî at the hearing that the defendant kept the cow in ques-c tion apart f romn the other cattie, and did not use iLs nilk. From the whole evidence, iL nay be fairly inferred that the defendant knew the cow was diseased, but not that he knew the maalady under its scientitic name, but macommon affection knownas "'lumpy 1aw." On the l8th of Decemnber last, the animal was examnined while in pound by 'Mr. Orr Graham, V. S., whou pronounced it diseased, and gave thet plaintiff a certiticate in which hea stated that he fouiîd the animal to beS "diseased with Actitîornv bovis. which 18 considered an infectious disease, also consider lier case incurab'le.-' Mr. GTrahain was called at the trial and eonfiriiio this opinion uuu]er oýiLb. If iL cati he shown that the animal wa.s, at the tiiune of the sale, diseased and utufit for bu inan use, and iLs sale umunicated froin one animal to another, l or from animal Wo mani. The spores of a the fungus forme are sometimes found b on grain, and the malady, beyond se doubt, is infectious." PROF. HAR- O RisoN, Bacteriologist, Agricultural ai College, Guelph. f It is "la progressive -inflammatory tj affection caused by the presence of t actinomy cetes,, occuring in cattie and swine, and sornetimes in man. Itje q' moet frequently found in the jawe of e cattle, but may invade other parts. It je communicated by contact with a P ,wound or an abrasion. Alec called & 61lumpy jaw. "-Century Dictionary. k "The disease being due to the. destruct- a ive action of the ray fungus (omyces) ti on the varioue tisues of the body in-v vaded by it, -tii. name Illumpy jaw "A beingr a vulgar terin used by Jattlemen A jffn it affects the. jaws cf cattle. The terme -"contagious " and Ilinfec- in tious," strictly epeaking, are not ap- Se plicable Wo it, in the senne cf its b.îng communicable by contact, or through dù contaminated atmosphere ; the. coi»- munication of the disease being through H, the spores or the fungus itWsf drop- Ch ying f rom the. xouth onto the. gras, or in feed boxes, &c., being taken into a Pi mouth in whicuh sorue sore of the muc- oua membrane exista. Ience it is foundM to extend to other cattle cohabittig u with diseased tinea, both on giig Of grounds andin byres. Iti. WyQP ion, aeeing that it is lncrmm-sing un da, that t may proporly be dolamlp A;contagious disse for qo«=m" "i pirposol t » ProfessorMcacriau.o Doi ~ion apector oW stock, mon- t 'I think thm tmesS» êxceptomil ^blet but tée perostgeo twbu ii O5 i>tr.oe.ly Uul,4PM*bly J>- bu per ,ctmto , a 6 Von 10p 'YrI*pthe bq mar whwitlze woûd b. gave - dwi'gr. .P. 0. Grenside; Iat. Profesor of Vol erinary ,84enoeb AgeicuIlural Oollegt Guelph. «~The diseae manifeste il self by firm stumors in the. jaw, inthi alveoli of the teeth, and particular by a great enlargement and induratio; of the tongue, hence cSlIed 14Woodei tongue."ý-Profesaor E. Klin, Englias Bacteriologist, '«"Micro-rganisma an( disease," page 148. The true naturt of this diseu.e wus discovered so lat as the year 1877 by the Germai scientist Bollinger, who detected thq presence of a number of sulphur ye] low bodies about the size of a hemI seed and of a fatty consistence. Thesi were found Wo be aggregates of a pe culiàr radiate jungus (Actinomyces which assum J~ the form of nîinut rosettes, the mycelial filaments extend. ing into tlask like swellings at theii free, or circumferential, ends. Thý yellow seedlike conglomerates Iay ir, spaces of the tumor, and they wer( also found within cavities on th( tongue, fauces, larynx, mucous mem branes of the stomach, in lym phatit glands, and (by a later observer) in tht lungs. Up to 1885, some twenty cases of the disease in man have beer described irn Gerrnanv. A somewhai analogous disease is known ini India, wliere it is called " fungus foot." See Ene. Britt. Vol. 18, page '70. From a report to the Minister of Agriculture for the Domninior., 1 find that, during the year 1895, no lem than ninety-five head of cattie were condemned and destroyed by order ol the Government Stock Inspector ai the Port of Montreal, by reason of their being affected by this disease, and, for the saine reason, a number were likewise condemned at the catthe yards at Toronto, and the owners and shippers heavily fined. Accordino' to the Encyclopaedia Brittanica (vol. 24, page 204) the pe. culiar funguus of this disease may be found in characteristic nodules in var- ious parts of the body, but it usually invades the bones of the jaws, upper and lower, or the sof parts adjacent, aq the tongue, cheeks, face, throat and neighhoring glands. It commences ,with slight sores on the guins or muc- ous membranes of the mouth, or with alcers alongside decaying teeth (shown Wo be present in the case in question) and these extend slow]y into the tis- sues. A large rounded turnor grows f romn it, the dense outer bone becoming ahsorbed before the increasing soft growth within, followed by ulceration and purulent diseharges, in wbich are round the minute, hard, yellow gran- nles which contain the fungus. in CJetrm-any it is called "Wooden tongue" because that organ often hecomes en- larged and rigid, its surface becomes âny manner whatsoever.» This is àroad enough to cover the nature of ho disease in question, and certain di- ;ases are specifically mentioned in ddition Wo others generally so, desig- a.ted. By Section 3, every cattle or .rm stock owner, etc., on perceiving be appearance of infectious or con. aious disease among hie cattie, je 'te. uired Wo notify the Minister of Agi-. tilture, and by Section 4, failuré te Io so, involves the loss of right to, ccm - )ensation. By section 7, every Mr- ,n who selle or disposes of any animal cnown Wo him W b. so infected, incurs penalty not exceeding $200. Sec. ion 13 provides for compensation to ýwners of animal alaughtered or de- troyed under the provisions of the kect. Under the Public Health Act, I. O ., ch. 205, a by-law to, be- i force nevery Municipality is prescribed. Wc. il of this by law provides that no erson shah ofier for sale as food any lseaeed animal, &C. This Act has een- amartded, and the powers of lealth Officers extendedt by 52 Vic. h. 44;i Sec. 99 as amended inmakes rovmson for the inspetion of &ni- iais, In.,' oxposed for iale, and,-i4 ies of oondetnnation thereofu abig, ss,Ïxunso d uwbleiome, or neft for food for man, sand Ma pealy f$100, or imprisoment fo thre IoM,#iuimpod uponti oi. c uhexpasum êTii. 4-dsm. nown *s wn% a 14 M atztuy oosIà ti. IaW otgof oirJ£fsMu Oook va. Ropkiu4 i ewman'gari- ah... Judgment for $40 and pScta against Wm. Hôpkins.- Diacharged az W garnisheeiLafferty for plain- tiff, Mr. Cook for defendant. O'Boyle vs.* Murray. Replevin for 45 baes cf straw, cf which one haîf je. claimed by .Mr. Murray. Judgment that plaintiff had notice cf Wm. Murray's dlaims, and do pay him $30 including sum in court and Cos8s of suit Pif. app.ared in person, Mr. Laffe.rty for deft. Bunker vs. Weir. Judgment for plaintiff for $6. 15. The parties, Cud- dahen and Overend appeared in per. son. Action for wages. Judgment reserved until the. plaintiff produces ber original meino. cf paynhents made Lo ber. Set off withdrawn. Mr. Gunn for piff., Mr. Roach for deft. Wiseman vs. Robinson. Action on a blacksmith's bill. Judgruent for plaintiff on a balance of $10. R. G. Gunn for piff., J. McCosh for deft. Kennedy vs. Tomlin. Suit for dam- ages by reason cf the deft's. cattle being turned into the plffs. pasture field. Judgment for plaintiff for $10. Mr. Léafferty for pIff, Mr. Gunn for deft. Kennedy vs McConnell. Action for damiages for wrongfuliy turning eut their cattle upon the road. Non- suit. Mr. Lafferty and Mr. McCosh for the piff., Mr. Guxin for deft. Waldron vs. Kidd. Action on a note. PIff. appeared in person. Mr. Gunn for deft. Judgment for pIfl. Morrow vs. Darby. Action on an agreement. Mr. Gunn for piff. DefL. did not appear. Judgment for piff. for $200 and costs. Campbell vs. Weir and Campbell vs, McDonald. Struck out, plaintiff not appearing. BEAVERTO'N. Wood vs. Overrend. Judgment for the claimant, Mrs. Overend. R. Miller for piff., Mr. Roach for Mrs. Overend. This was the only case for hearing. CANNINGTO'N. Francis vs. Francis. Action on an award under the "Ditches and Water- courses Act." Adjourned, the partieS net being ready. Chapple fot the piff., Patterson for deft. Taylor vs. Smith. Action for breach of warranty cf a horse. Two of plaint- ifs witnesses being, absent, case 'vas adjourned. Chapple for piff., N. F. Patterson and A J. Reid for deft. Rennie vs. Vipond and McLaugb- lin vs. Vipond. Undefended. Judg- ment for plaintiff. Ferguson vs. Philpott. Action on a document guaranting the good con- duct cf the deft's son. Breaches of the guarantee te the extens cf $50 baving been shown, judgiment for that amnount against the deft. R. N. Noble for the pIff., A. G. Reid for deft. The village council have enlarged the cou ncil chamber, comfortabiy seated it and put in electric light, making iL one cf the best equipped court rooms in the county. It is an improvement long needed and well carried eut. SOUTH DARLJ.NGTON Mrs. Penfound and son Clarance, were visiting her mother, Mrs. L. Vancamp. Mr. John Short, who has been seri- ously iii, je able to b. about again. Farmere are busy moving wood, grain and other things, which, on ac- count of the bad roads, they have been unable to do. There is not much sickness around, everybody being in good heaith. Buyers are offering $400 a cwt. for live hogs, which is net a bad figure. We have Wo record another bad gtorms one cf the worst for many ,years. Heavy enow, high winds, and terrible cold weather ; a general block- ing cf the main roads and concessions. Hlowever the. roade are again open and the people are b.ginning to get around. There have been some acci- denta on the roades by homses breaking through the. frozen snow and cutting theinselves. Mr. Langmaid's son'had, on. of hie hormes hurt very badly a day or two ago ; alec Mr. Simon Pen- found. Another destruçtive, ,frevsi 18tu place about three oclock on 8tra morning-just two aionths tbona tueT -it broke out, on the oppoite - d., y *k~ prs to -tke f1tauMý ýIL~ mercs1Unèai;See~total -los%,in. sured for t$875;1R. Bsrfeitinrd in Commercial Union' $1000, Imparial $1000, British Ainerica $2000, Royal $2000. Losa .%bout $40&0. Miss Wilson also carried some insurance. Mr. Harshaw, cf Napane., is here ad- justing the. losses. Mr. Chas. Wright sav.d al bie belongings and has now hie office upstairs in the. McNaughton building, corner cf King and North streets. BREAD AND BAKINC. The Staf of Lite and the Z!en Who Mako It HOT WORK AND LONG HOURSO Practical bakers are so exposed te extremes of temrperature that it is net slurprising that they often suifer frorn kidney and other trou- bles. In many cases their work at night con- fines thernin a heated atmosphere for how-s, from which thev sally forth througrh the cold night air to their weli-earned rest. Mr. George Roberts, baker for Mrs. S. Ranahan, 257 Dundas street, gives us the following facts:- I have suifered so rnuch for the past fourteen years with kidney disease that it gives me picasure to tell of rny changed condition for the better. 1 had fearful pain in the back and right sude; the urine was red in color with a reddish sticky sediment, with brick dust depsit. At turnes severe pain un the reguon of the bladder, causung me great suifering and duscornfort. Appetute very poor, and rnuch troubleri with sleeplessness at nught 1 felt tired and worn out ail the turne. Work becarne a drudgery ; it was an effort to do any- thing. 1 was low spurited and discouraged. Heazing of Doan's Pis I went to Mr. W. T. Strongs drug store, London, Ont., and got one box. From the flrst dose I com- menced to umprove. and now my back and side are ail rigbt ; the un-une us natural in color; the sedirnent has disappeared:; I have no pain cf any kind. rest well ; appetute has returned ; 1 arn stronger and better in every way ; for the first turne in many years I now feel that life is Worth livung. Doans Kidney Pis have cured me cf rny long standing cemplaint, and 1 arm pleased to acknowledge what t.hey have done for me. I have not taken more than two boxes cf the pis and the resuIt is as 1 have stated. Previously to this 1 had rried nearly eveu-y kidney rernedv, but until 1 took Doans Pilla exeu ncdfot the slughtest reluef. -FOR SALE BY- J. E.WILlLiIS, Chemnist and Druggist, Brock Street, WH ITBY. THEY WILL AMUSE CHILDREN. THE Handsome Doils With Change of Dresses. We have secured a newv and very taking novelty known as the 1 Diamond Dye Dcli." These dolîs are clotbed in bright and handsome dresses and will prove a great attraction for the little ones. A set cf Six Doils with Six Extra Dresses will be mailed te any address on receipt of four cents in stamps. Thousands are going to ail parts oï the Dominion, giving universal satisfaction te aIl who receive them. Users of Diamond Dyes will please bear in mind that it wîll be te their ad- vantage to examine each package of dye that they buy, as werthless imit- ations,' are now being sold. Stie that the name "Diamond" is on each pack- age. Wells & Richardson CO., 200 Mountain Street, Montreal. Bepend R.eaovery. The Boy LaFiamnu,-His Cure was a Sur- prise-A fsw doses cf Dcdd's Kidney Pille PAPPINEAUVILLE, Mar. 30 (Spedal>-The father cf the boy LalPamxns in one of the iead- ing inerchants bore and willing to talk cf bis son& cure, he says-*My littl, boy Arthur, after ecarlet fever about a year mgo never r.- covered aud bis ailment rau jute a kiduey natural uize. The snffering of the littie feilow were very severe aud we bad sf1 given Up hope of bsn. But tbrPe montis ago wa oomoeenced giving him Doddsa Kidney Pille, and to-day be i. rctnping aud Playiug witb other boys.' This as au instance of prompt cmr is very re- anarkable. Mr. David Annia bas beau cffered the Pat- ron nomination Wu'South Victoria for the Cern- Moue. The omabioa foreff.1. This la the time when colda arein the fashiçu ---ever body wbe le anybody boaoue, if not plant undar thse suwaratisera Mo"e rmedi tbau for a tWi&athe ed, but,.etistent- sud.i Cbh%"'s Qtarh Ocu.it le 0 et."l tweive hcUrJ<[ vas eurid of 'a ed cod la tIsa baad by Chue'Cure," w*fts M .D~y AiHutn, Ou Sb35 ents of .11 dragaa i wilonfftht Ittt thriu«11Mor 420ae .tsooooM oenty Aeàoiter. Offiee-Soth . Ofi Court Bouse, Whitby. JAitEs BUT]6LBD4iE Barrister, etc. Office forme47 eopled by Farewell & Eutledge, nextityal Do1al, Brook St., Whitby. DAVID ORMISTON, B. A., Attorney-at-Law, 'Solicitor iChancei'y, Oonveyancer, etc. Office - In the Office South of the Post Office, in MoImian'. Block, Brook Street, Whltby._ Go YOUNG SMITH. LL. Bo, Barrister, etc. ,-Money to Loan. Ismmer of Ms.rriage Licenses. Office - Smith's Block, South of Market, By ock St., Whitby. DOW & Mdc(ILLIVRAY, I3arriaters, Solicitors in Ohancery, etc. Office ini Mathison & Eawken's new block Brock St., W hitby, South of Ontario ba.nk. 1fDr., Warren c& Mooro. J. J. Moore, M. D., Brooklin. Office heurs 9. a. m. p-e Privaie Telephone Communi6alo1. D. P. BOGART, s..LDS Physican, surgeon and Accoucher, etc. Office and Besidence next te Ail Saint's Church, Dundas Street, Whitby. 'N. B.- Dental Su.rgery in ail its branches prcuuçtly attended to. Dr. H. Wîghtrnan DENTIS T. Over Grosa & Grranger's. Whitby. tý Open every Baturday nigzht. W. B. YARNOLD, D. L.8S.. Oou.nty Surveyer and Drainage Enginaer, Port P erry, Ont. A. A POST, Architect, late with Langley, Langley& Burke, Toronto. Desigus for Churches, Villas and Cottages a specislty. Drawings prepared for remodeling ezisting structures. office-First flat over W. R. Howse's drug store. Le-P O Box 202, Whitby. WM. CALVERLEY, HAIRNES8 MAKER, WHITBY. Having moved into our new prernises, we re rared te extend the range of business. Alwerkpertantng Le the harmess-making and saddlery business will be done te satis- faction. Collars a specialty. Cali and see my shop and stock. W. CALVEBLEY, Second door west of old shop. Dundas Street, 'Whitby JNO. NOBLE, -DEALER IN ALL KINDS 0F- Lumber, Shingies. Saah, Dooru and Blinds, Turuing and Fret-Sawtng. F. Warren, M.D. Whitby. Office heurs il a=n te 2 p.m. fàrAIl orders or information obtained from JOHN NOBLE, Street, Whitby, opposite Mr. A. son's residence. Established 1856. il par an.num in advances otherwlae 01.50. Subuoniptionu always py=leat the oece cf publication. The pulner.r do net undertake te daliver the paper at any peu office but Whitby. ÂnyPe wihfaim te reaob ite destination W replaeed upon notifteatlon as a matter of oourteuy. Advertialng rates uniens by con. tract, 10 cent. par line, nonpartel, firutin- santion, sud 5.oents par lins esch subse. quant insertion Locals, 10 cenute par line. RW'Âll changes for yearly advertisemcnts muet be brbught inet latex than Tuesday morulng. RENDIIEBON à GRAMÂ. JIHN STÂNTON, Poraman. Rmilway Time table - GRAND TBUEK AND MIDLÂED 8 s XL m i 4 d 3 p e s . ..s. 6 2 * r Not 5 Lod-mexopé taï- a..le o. , ~es, Milexcipt Sx 'A0 pa ~ « ~ &40 plu MatI....M. can be Dundas C. Wil. Wmm-». O.aouellWhitby 0ÎeIëk JaaS' eh; march 3; Xpril 2; Ma 1; June :July 7 Bop. 2; oct. 2; »>,3 Osn.wà-D. 0. Maedonell, Whitby, Cletk; Jan. 4; Peb. 4; Marb ; Apnil 8; Iday4 huaS ; .uly 8; Sep. 8; Oct. 8; Nov.. Dec. S, Biaouanim. - M. Gleeson, Greeuw<,, Clerk.-Jan 6; Maroh5; May 5; july 9 Sep. 4; Nov. 6. PORT PFERRY - J. W. Burnharn, Por Perry, Clerk-Jan. 29; March 9; May 15; JnJy 20; Sep. i8; Nov. 18. 'Uxsamo-JosePh B. GOnld, Uxbridge Clerk-Jan. 80; Maroh 24 ; May 19th; j W; 14; Oct 14 ; Dec. 16. CA.xn<cNox-George Smith, caidnIgoj Jan. 81; March 2b; May 20; JuIy 15; Oct. 15; Dec. 17. BEÂVxnaToN-GeO. F. Bruce, Beaverton Clerk-Msirch 26; May 21; July 16; O)ct. jîý Dec, 18. UPTEBGBOV-F J Gillespie, Uptergrov, Clerk,-Maroh 27; May 22; luly 17 ; Oct. yî Dec 19. By order, New Livery and Sale Stables J. E. FAREWELL, Olerk cf the peace. Dundas St., Whitby, J. T. NEWPOULT, Proprietor. Commercial men liberally deaIt 4ith Teaming done at rea.sonable prices. F'reight ana Baggage hauled at reason. able prices. A eall solicitedl. LIFE INSURANCE. Manuta.oturera' Life & Accident Insurance Co., Toronto. Largest Capital Stock Lif e Inourance Ce. on the continent. Ninety per cent, o Jil aceomblations of surplus in returned to the policy holders. AU l aim. are paid without delay or disount on proof of death or maturity of endcwmcnt J. B. POWeLL, Feb, lot, 98. Agent, Whitby. DENTIST. Cor. King & Yonge St. Toronto. For tho next three rnonths 1 a=n giving special attention te patients from a ais- tance. Arn still mnakixg plates in rnbber, 88, oelluloid #10. Gold and silver filling work crownmng by first-clasB operators at the most reasonable rates in the city. When i the city cail in and let me exam- ie your teeth. I make 'ne extra charge. C. H. RIGGS, Dentast, south cast corner King and Yonge Bts.., Toronto. Nov. 8th, 1892. Wu He WARNER. DEALER IN"- COAL, LÂTHý, LUIMR, olmNGLEel CORDWOODY BLABS, ETC. AGENT For the PEOPLE'S COAL CO., TORONTO. Office aùd 'Yard just Uptown' Station. Whitby, Oct. -25tht 1894. East of ASK TOUR STA TIONER -FOR- SPÂRIA ,NE~1W WI1 IPE October 7th 1895.