Chronicle & Gazette (Kingston, ON), Oct. 7, 1846
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p.2 Fall Assizes - We noticed particularly two cases connected with the Gov't Ferry between Kingston, Garden Island and Long Island. Messrs. John and George Ives are the Gov't Lessees of this Ferry, and it has become for some time past a question of great doubt how far the right of the Lessees went to exclude the inhabitants of the Islands from coming in their own boats to Market, and how far Messrs. Calvin, Cook and Co. of Garden Island could convey themselves and their servants to the opposite shores in their own boats without reference to the public ferry. The first of these cases viz. Ives vs Calvin, was tried on Saturday. The Chief Justice with his usual clearness and perspicuity, charged the Jury to the effect that the Defendants who have an extensive lumbering and ship building establishment on Garden Island, had an undoubted right to convey to Kingston or elsewhere themselves and those legitimately in their employ, (including ship builders,) in their own boats. His Lordship also stated that if a reprieve or a friend came to visit them, it would certainly appear hard that they could not convey them to an opposite shore in their own boats. The case on the part of the Plaintiffs was conducted by Thomas Kirkpatrick, Esq., assisted by the Attorney General in an able manner, and the defence was sustained with great power and success by Messrs. Smith and Henderson. Verdict for the Defendant.
The second case was Ives vs Sluman and others, residents on Wolfe Island and stockholders in what is called the Farmers Boat and tried yesterday. The cases were ablyargued by Mr. Kirkpatrick with Mr. Macdonald for the prosecution and by Messrs. Smith and Henderson assisted by Mr. Mackenzie for the defence. The learned Chief Justice charged the Jury that the residents of Wolfe Island had an undoubted right to go to market with their produce in their own boats and he did see why they had not also a right to have a joint boat for that purpose. He explained that the power conferred on the Messrs. Ives by the patent, was to convey travellers and their baggage, and that the Inhabitants of the Island going to market with their produce, could not be brought under what was meant by travellers: at the same time the learned Judge drew a distinction between persons coming to market with produce and persons coming on ordinary business, such as coming to the Registry office to record a deed or to attend a Jury. In this case he thought that they ought to be viewed as travellers, and should take their passage by the public ferry. The Jury retired for a short time and returned a verdict for the Plaintiffs, one shilling damages. In returning their verdict the Jury explained that they gave it on the ground that the Farmers Boat carried passengers unconnected with the Island in the said Boat...
(issues missing until Oct. 21th)
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- Oct. 7, 1846
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- Rick Neilson
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- Public domain: Copyright has expired according to the applicable Canadian or American laws. No restrictions on use.
Maritime History of the Great Lakes