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lMuch evidence was taken on be- half of the Plaintiff to show that there neve'r‘ was a watercourse through his land: and that it was only since about 1929 that a drain had: existed which was dug out and man made. Previous to that time the Plaintiff never had any trouble as there was no ditch or water- course on his land. Witnesses on behalf of the Plaintiff, gave eviâ€" dence to establish the Plaintiff’s contention that a watercourse had never existed) and that water other than surface water was now reachâ€" ing the land of the Plaintiff. The case for the Defence comâ€" menced‘ on Thursday and evidence was given to establish that; a natural watercourse DID EXIST AND HAD EXISTED FOR AT LEAST 60 YEARS and that there had been a deep ditch through the Plaintiff’s property for all that time in which the water had flowed during the years both previous to and follow- ing the Plaintiff’s ownership of the lands until the Plaintiff had allow- ed it to become clogged and refused to permit the Defend-ant Conpora- tion to enter on his land and clean the watercourse out. The Defence of the Corporation was that this drain was a natural Watercourse which had‘ ‘been in ex- istence for a long time and} that if Mr. Sheardbwn had sufrferedi any damage he was the author of his own misfortune in a110wing the watercourse to become blocked, and refused to permit the Corporation to enter urpon his land and clean it out. The Corporation also set up that if sewage was entering the water- course it was» not with its authorâ€" ity or permission. The claim of Mr. Sheard‘own, the Plaintiff, was that the Defendant Corporation] had wrongfully allowed the waste water and other liquid substances originating from the Village sewage system to flow through an open ditch on- his lands and brought action against the Cor- poration of the Village in the sum of $5000.00 for damages and for an injunction restraining the Defendant Corporation from using the drain through the Plaintiff’s lands. The Defendant Corporation did not get an opportunity to call wifit messes on other points because his Lord'ship intimated] (after four full days of hearing evidence) that the case, should not have come to Court and expressed his opinion that it should be settled without further evidence being given. His Lordship considered, from the evidence given on behalf of the Plaintiff, that the Defendant Compâ€" orationl was permitting sewage to reach the lands of the Plaintiff. The right to connect with the waterâ€" course for purpOSes of disposing- of wash water or any other fluid of the nature of sewage has never been granted to any citizen either by reso- lution of Council or Byâ€"law and if any person is penmitting wash wat- er or other fluids of a sewage na- ture to enter the water course it would appear to be without the con- sent or approval of the Municipal Council. However His Lordship did Home BAKING Sale Afternoon Tea . MARY'S Anglian Church Saturday, Sept. 23rd The members of Richmond Hill Municipal council met in special ses- sion Tuesday evening and heard} frOm the town solicitor, Mr. B. B. Jordan, an exhaustive review of the caSe and an explanation of the order of the court. The case of John Sh-eardown vs. The Village of Richmond Hill was heard before Mr. Justice Goderey last week and- lasted from Monday afternoon until Friday noon. The proceedings. were ended then when His Lordship intimated that the case never should have come to court and expressing the opinion that it should be settled without. further evidence being given. No damages were al- lowed the plaintiff but the court costs were assessed to the village. After Four Days Hearing Judgment Given in Action of Sheardown vs. Village AUSPICES OF WOMEN’S AUXILIARY THURSDAY, SEPTEMBER let, 1939. Afternoon Tea 25 Cents No Damages Allowed Plaintiff But Defendant Pays Court Costs not desire to hear further evidence so. that part of the Defendant's case was not heard. The Judgment of the Court was that the Plaintiff be granted an ink junction restraining the Defendant Corporation from depositing water and sewage on the lands of the Plaintiff on the north side of Centre Street, Richmond Hill without mak- ing provision for the removal of said water and sewage from the said lands. The injunction is to ‘be held in‘ abeyance for two months and during the two months the Defendant Corp- oration has the right to enter upon the lands of the Plaintiff and do whatever in their opinion is necesish my to correct the difficulty. The Plaintiff's claim for damages was not allowed and‘ that part of his claim relating to the land‘ on‘ the south side of Centre Street was dis- missed. By this case the Defendant Corp-- oration has established that the watercourse is, and has been, a nat- ural watercourse and has obtained the right, that is the Court’s» direc- tion, to enter upon the lands of the Plaintiff and open the said‘ water- course and do what they consider necessary to rectify the situation which the Plaintiff comelained‘ of. The Plaintiff was not allowed any damages for injury to his! lands and buildings nor for the incenvenience which he claimed he suffered? «by reason of obnoxious odours and was directed by'the 'Court to give every assistance in‘ his power to the De- fendant Corporation in their effort to correcct the situation: and not to again order the workmen of the Village off his land while they were employed' in the work of opening the watercourse through his land and correcting the situation. ‘ Although the case for the De- fendant Corporation was only heard in part the Corporation has gained an important jud‘gment namely â€" that a Natural Watercourse dOes‘ exist and runs through the land! of the Plaintiff which the Plaintiff must submit to and that the Plain- tiff was not entitled‘ to damages for any injuries which he claimed to have suffered. The Village Corporation of Richâ€" mond Hill passed) a very important Bylaw in 1874 which is still in force and which authorizes the entrance "into and inspection of “Any deell- fing house, cellar, yard, vacant lot or premises,” or “privy’i, “gutter, idu‘afn," and where anything is found to exist that the Health Officers lmay deem prejudicial to health at once to notify the party or parties who own or occupy the premises to remove the same and if it is not :rem-oved- within 24 hours proceed- fings may be taken against the party 'or parties so offending. - An injunction is an! Order of the Court directing some person or per- sons to discontinue something that has {been done or permitted, or t!- refrain from doing something that is contemplated. The Costs of the Court are alâ€" ways in the discretion of the Judge and in this case His Lord-ship di- rected that the Court Costs be paid by the Corporation apparently conâ€" sidering that the Corporation: was permitting sewage to enter the watâ€" ercourse {because it was set up in the Plaintiff’s evidence that such a condition existed. If citizens had not illegally allowed wash water and other fluids other than surface wat- er from cellar drains to enter the watercourse even Court costs might not have been allowed. The following is the complete judg- ment handed down in the case- by His Lordship Justice Godfrey: JUDGMENT By consent I direct Judgment be entered for the Plaintiff against the Defendant for an injunction re- straining the Defendant from de- positing water and- sewage on the lands of the Plaintiff being part of Lot 338 on the north side of Centre Street in the Village of Richmond Hill without making provision for the rehnoval of said water and sew- age from the said lands This injunction is not to be effec- tive for two months from this date and during said two months the De- fendant shall have the right to en- ter upon said Plaintiff’s lands and do such things and' perform such works as in their opinion is necessâ€" ary to abate the said nuisance. The Defendant shall pay the plain» tiff‘s costs. The Balance of the Plaintiff’s claim is dismissed Withâ€" out costs. J. M. GODFREY MiSS Edith Wamick of Toronto was the guest of Miss Follett on Sunday last. .Mr. William Mylks Jr. of Ottawa spent over the weekâ€"end with his parents, Mr. and Mrs. W. H. Myl’ks here. Plan to attend the Afternoon Tea and Baking Sale to be held by St. Mary’s Anglican Church W. A. on Saturday, Sept. 23rd in the church basement. A meeting to discuss the forming of an orchestra and musical society was held in the Preslbyterian Manse, Richmond Hill, last Tuesday even- ing. Mr. P. A. Drury presided. The next meeting will be held at the same place Friday, Septemlber 29th. All instrumentalists are welcome. D. M. CHAMNEY NAMED SCHOOL TRUSTEE At a meeting of the Richmond Hill public school board this week D. M. Chamney was appointed as trustee taking the place of the late Rolbert Endean. HIGH SCHOOL FIELD DAY The local High School is holding- its annual Field Day Wednesday, Sept. 27th at the school grounds. The following Wednesday, Oct. 4, the North York field meet will also be held, at the local campus. Con.â€" testants from the schools of New- market, Markham, Aurora and Rich- .mond‘ Hill will compete. NAME MORGAN BAKER T0 GOOD ROADS BODY Morgan Baker, M.P.P., for North York, was appointed as a member of the Toronto: and York Good‘ Reads commission at a meeting this week. He succeeds the late Senator Frank P. O’Connor. Miss Evelyn‘ Follett has been in Mitchell this week speaking in the interests of the Woman’s Mission- ary Society of the United Church. At Oshawa, on‘ Saturday, Sept. 16. 1939, by pastor R. C. Eastman, of the Pentecostal Assembly, Beatrice Malena, only daughter of Mr. and Mrs. Alvin A. Frisfby of Victoria Square to Mr. Elmer Clarence Hug- gins, Victoria Square, eldest son of Mrs. Arthur Butt of North Oshawa. The chairmanship, which was held by Senator O’IConnor, will be taken over by Dave Spence, MP. for Park- drale, formerly viceâ€"chairman. NOTICE The auction sale of the property of William J. Moses, adlvertised for Friday, Sept. 22nd, has been can- celledJ by order of the Commissioner for Agricultural Loans. Mr. C. J. Robeson desires to thank his many friends for trult, flowers, letters, cards and kind‘ inquiries dur- ing his illness in Brockville Hos- pital. MASON-DOUGLASS Miss Helen Mary Douglass, daughtâ€" ter of Mrs. Douglass and the late Richard A. DOuglass, of Toronto, and Dr. Walter J. Mason, son of Rev. Ralph S. Mason and Mrs. Mas» on, of Richmond Hill, were married last Saturday afternoon in St. Barn- albas’ church, Chester. The father of the bridegroom officiated, assist~ ed by Rev. F. E. Powell, and Mr. Lovick was at the organ. W. B. Douglass gave his sister in mar- riage. She wore a jacket gown of linen blue velvet, made in bustle efâ€" fect, with matching velvet hat, and carried! a cascade of bouvardia, lily- 'of-the-valley and} rubrum lilies. Miss 'Jean- Howie, her attendant. wore a 'frock of ashesâ€"of-rOSes taffeta with fuchsia velvet hat and carried fuch- sia gladioli petals and rubrum lilies. Dr. Herbert S. Mason was grooms- man, and Dr. James Langstaff and John Millyard were ushers. The reâ€" ception» was held at the heme of the bride’s cousins, Mr. and Mrs. H. L. Steele, Elderwood‘ drive. Mrs. Douglass was gowned in hyacinth blue lace, with royal blue felt hat and corsage of roses and pink bouâ€" vardia. Mrs. Mason wore navy blue velvet with matching hat. ,Mrs. Steele wore fir tree green with black hat, and each had a corsage of roses and bouvardia. On their return from the southern states the bride and bridegroom will live in Rich- mond Hill. The bride travelled in a queen's blue suit, mink-trimmed, and matching hat. No official should‘ be too much im- iMr. Melecci will be glad to advise pressed by the cheers of the people. anyone, at anytime, regarding their Look what they cheer in Europe. Lmusical education. Social and Personal CARD 0F THANKS HUGGINS-FRISBY WEDDING THE LIBERAL, RICHMOND HILL. ONTARIO VictoriaSquare Ting, Ting, Ting. How thOSe I'bells do ring. Congratulations are in order for Ros-s Middleton new of Toronto, formerly of this town, also to Mr. and Mrs. Huggins (nee Bea- trice Frisby). We Wish for them all a long and happy wedded: life. All roads in this cgmmunity lead to Victoria Square Hall on Saturday night. What for? Ask your next door neighbour, then come mother, fat-her, son and} daughter. Don’t fonget, ladies please provide lunch. Mr. and Mrs. Rumney have left on a. trip to Saskatchewan to visit Mrs. Rumney’s sister. They will be gone about a month. ‘ Don’t forget the Mission Circle meeting at the home of Miss: Bonnie Robertson on Friday evening, Serpt. 22nd. The executive of the Centre North Preslbytery Y.P.U. met in Victoria Square church on Tuesday evening to make the final plans for our Schools of Methods, which commence on Tuesday evening, Sept. 26th at 8 o’clock in Trinity United» Church, Newmarket. Let all who can p055»â€" ibly go, do so in the interest of our own local union. Rally Sunday is supposed to be celebrated on Sunday, September 24. Let’s go to Sunday Schoo-I that day and‘ get started early for the fall term. Some folks in neighbouring comâ€" munities ‘are asking- when is Vic- toria Square fovwl supper. Perhaps we will be able to announce that later, but at present the date is un- known. Thigcommunity wish to express their sympathy to the family of the late Anthony Gardener in their loss of a father and husband. Mr. amt Mrs. Ernest Caseley at- tended the 10-0th anniversary serâ€" vices- of Thornhill United Church last Sunday, Mr. Caseley’s former home town. Last Sunday evening’s'program at the Y.P.U. proved to be a delight- ful meeting, the speaker of the ev- ening being Mi55u Evelyn Follett of Richmond‘ Hill. She spoke on the importance of signing your shgn-a- ture in the business world, and that it was just as important in the Christian world. We shouldl be ready to make sacrifices, to enlist in the army of Christ. Miss Viola Avison is to be congratulated on securing such an interesting speaker. Keep in mind‘ the W.A. supper Friday evening, Sept. 29th. A good program is being prepared including a half hour play by our own local young people. Now that exhibition is over, we will be looking forward to the coun- try fall fairs. Markham will be in two weeks time. Have you those Institute exhilbits ready? Is there anything you could' show individualâ€" ly? It is the effort of each blade of grass that makes the meadow green, so it is the effort of each- individual that makes these little country fairs a success. .Miss Stella Heise of Grantham, Pennsylvania, was a week-end visit- or of her father, Mr. Levi Heise. Mr. and‘ Mrs. Wilson Colby, Betty and Lloyd‘ of Kitchener, Mrs. Broad, Blake and! Arthur of Uxbridge ware guests of Mr. and Mrs. Fred) Fiegel last Sunday. Sunday guests of Mr. and' Mrs. Harry Bennett were Mr. and Mrs. William Chrinnery, Jack and Jean 0 Yorkdowns Golf Club. ‘» On‘ Thursday Mrs. Troyer visited with Mrs. Margaret Haig. Messrs. John and Ike Williamson have returned to Pickering College to take up their studies for another year. Mr. and Mrs. Harold Mortson and Mrs. Annie, Gordon and Miss Ethel Mortson took tea with Mr. and Mrs. Henb Smith, Headford: on Sunday evening. We are glad to learn that Mrs. George Dennis who has been sick is feeling much better. The opening of the Toronto Con- servatory of Music Branch, at 53 Parkview, Willowdale, is creating considerable interest in this district. This branch wiill be staffed with some of Toronto’s finest teachers. Mr. Melecci, branch principal, will teach piano, organ and theory. Miss Olive Fenwick, successful local tea- cher will also teach piano. Miss Alison Sutcliffe from Metmpolitan Opera Co. ballet will teach classical dancing for children. Phillis Pab- terson, elocution; Mrs. Croskery, soloist, will teach vocal. Frank Blachford, violin. Luigi D’Urbane, world famous band master will teach all hand instruments, with the in- tention of organizing a band in this community. WILLOWDALE “FeedService” LANGSTAFF SHOWS START AT 8 p.m. & 10 p.m. SATURDAYS & HOLIDAYS 7-30 & 9.30 DAYLIGHT SAVING TIME Another interesging and‘QeTI'p‘laiyvedrchapf/er in the life of the young interne. Interesting- and amusing, the human nature of the characters giving it a pleasant warmth. FRIDAY & SATURDAY. SEPT. 22 - 23 BETTE "HAâ€"Vls - éEoRGE BRENT - HUMPHREY BOGART in “ DARK VICTORY ” One of the most beautiful love stories that has ever come to the screen. Here is a dmama of tender emotions, a deeply touching story of a man‘s devotion and‘ a woman’s affection that stands out like a mountain above anything yet produced. This is a tale of a country doctor who has made many s-acrifipes forwhis patients and _fq;' the c‘qm‘wpmnity jn a. long life of semce. ,_ HAL. L .. -..uc..1 nnm. Mu Any yaumuuo uuu Av. “up -v..u.........._, .._ We can_reco‘mmend‘ it very highly. It is awréirerfy I“beautiful, com- pletely enjoylable event in the films. The Way to a Chicken’s Heart Is Through it’s Gizzard ParisAuto Supply TODAY, THURSDAY, SEPTEMBER 21 LEW AYRES - LIONEL BARRYMORE - LARAINE DAY in JOS. PARISI, Prop. Yonge Street - Phone 86 - Richmond Hill (FORMERLY OPERATED AS RICHMOND HILL MOTORS) Complete Stock of New and Used Auto Parts, Accessories and Tires for all makes of cars and trucks TEX RITTER - HORACE MURPHY LOUISE MASSEY in “ WHERE THE BUFFALO ROAM ” Mr. Rooster knows what Miss Pullet likes. Why not treat YOUR favourite chickens to a real helping of O.A.C. Cafeteria Laying mash and watch their 'egg production soar. Do not take your Feed Deaier’s word for it. Let your chickens give you the answer. O.A.C. CAFETERIA AND MONARCH FEEDS 1931 FORD '/'2 ton Light Delivery . . . . . 1929 DeSOTO Sedan, perfect condition 1929 DURANT Coupe . . . . . . . . . . . . . . . “Lions Top Dressing”, '/2 pint tins 42” Rubber Matting, per yard EDWARD ELLIS - ANN SHIRLEY - LEE BOWMAN in “ A MAN TO REMEMBER ” WEDNESDAY & THURSDAY. SEPTEMBER 27 - 28 MONDAY &‘ TUESDAY, SEPTEMBER 25 - 26 SPECIALS A Western melodrama with songs MELVYN DOUGLAS - LOUISE PLATT in “ TELL NO TALES ” swiftly paced’ suspenseful mystery melodrama "7”CAEEINE fiéb‘i‘bfi' KiLDARE r ” Telephone Thornhill 72-r-11 “SHOP AT THE PARIS” SPECIAL THIS WEEK sold by has made many sacfifipes PAGE FIVE TWO FEATURES . . . $215.00 . . . $135.00 . . . . $75.00 .. 50c. . $1.25