HomeMy WebLinkAboutClinton New Era, 1909-09-02, Page 5Sept 2nd Supplement to the Clinton New Era =9.9
Legal Queries
G. R., Clinton. -Qu. --A father died
intestate, leaving a widow and child,
ren, all now of age, also real estate.
Can the children refuse to pay their
share of the taxes? (2) If the mother
pays the taxes can she charge it to
their shares?
Ans, -The adminstrator should pay
the taxes and charge tvvcathirds there,
of against the children's share of the
estate. If the mother ha e been act.
ing as achninstrator without having
taken out letters of adminstration, she
should keep an account of the taxes
paid and two•thirds thereof from the
propo-tiqn payable to the children.
(2 ) If the mother pays the taxes she
can charge the same against the ann-
ual income which may be payable to
the amount of the children's shares.
W.N.C., Seaforth. Qu. -A assteted
B by hii t ng him a blow with his fist
A went direct to s ju3tice of the peace
Simon,
and told him aboat ft. B wentlo the
same justice afterwards and laid a
complaint, A went right away and
paid $1 fine and 0.50 costs without be-
ing summoned. Was that a .proper
settlement of the matter ?
Ans. - I think if the justice of the
peace considered it a mere aesault aris-
ing out of the same paltry disagree-
ment he can be excused for having die
posed of the matter without a regu-
lar sitting. Bat Section 72ft of the
Criminal Code says, "rho justice of
the peace, having heard what each
party has to say and the evidence ad-
duced, shall consider the whole mat-
ter, ,hind unless otherwise provided
determine the satne and convict or
make an order against the defendant
or dismiss the information or comp-
laint, as the case may be."
A. C., Mitchell. -Qu -In 1873 A. sold
a lot to B. The deed does not say
whether A was a bache'or or widower.
The lot has lately been sold to G, who
demands proof that A. was unmarried;
or that his wife if (he had one)is now
dead. A cannot be found. Can G re-
fuse to carry out the purchase, if the
proof demanded cannot be furnished?
Ane- It cannot be presumed that A
was a bachelor or a widow in 1878,and
his wife was then living, it cannot be
presumed that she is now dead. If the
deed had contained a. recital that A
Was a married man or widower, that
recital would be asufficient evidence of
its truth at the present time : over
twenty years having elapsed since the
date of the deed. Under the Vendors
and Purchasers Act, the privilege is
given to either party .to alonlY in a
summary way to the High Court, or to
a judge thereof, in respect of any ob-
potion made to the tile of land which
it has been agreed shall beconveyed by
the venor to the *purchaser. Section
4 of the act (R. S. O. Chap. 134) says
the judge Omit make such order upon
the application as appearsjust. I think
B shouldmake an applicatiento ajuclge
An Object Lesson
0.1.•••••11. •
• •
Great many people from the smaller towns of this province make periodical '
visits to Toronto or Montreal, and while there make certain observations
which would rather startle the regular inhabitants of those cities. These •
conclusions would be simply amusing were it not that the observers base
their tuture conduct on them, to the detriment of their home towns.
For'insta,nce a visit to the large departmental stores 'leads the visitor to the con-
clusion that these firms buy in such enormous quantities that they can afford tO sell at .
a lower price than the merchants in the smaller places. Without looking further into
the mutter they purchase as much as possible while in the city and order by mail from
the same firms between visits. A little exannnation will Show that this reasoning is
superficial and leads to erroneous conclusions. •
If you are one of those who have beerithns misled, We wbuld ask you the next time
you are in Toronto, for instance, and have seen the sights ofthe large steres, to take a'
trip out Queen street west, right threugh, Parkdale, and keep yciur eyes open en route:
You will find for miles, starting within a few 'yards of the large stores, hundreds of
small stores, each confining itself to one. line of businest-one to to its and shoes, a se-
cond to groceries, a third to fruit, a fourth toclothing, and so on through every line of
business. . • ..
•
All these stores look prosperous They continue to do business year after year; .
They are filled with customers, who are just as intelligent and 'discriminating as -the
patrons of the departmental stores, And all this within a stone's throw -of the largest.
stores in Canada -
How do they do it Why are they not forced out of business by their mighty riv-
als? Do you not see that there may be another side of bigness? If every, person pat-
ronized the large stores, these small fry eciuld not live. And there are so many of them ! •
In the aggregate the number of people who buy from small .stores must be larger than
the number who deal with the large ones,
• •
Yet these small stores are under just asheavy expenses, proportionately, as the, .
large ones.. Bents are high, taxes are high,. tabor is dear. Yet they compete. Should
not the merchant in Clinton be still better able to compete? Here we have lower tax; .
es, lower rents ; every fixed charge is lower. . • ,
Ask yourself fairly, Are you se mut+. wiser Limn the people who have.the4.26 depart-
mental stores right at their own doors ? Do von think these people would continue to
pay high prices if they could save money by dthaliog. at ths large stores?. We might al-
so add that these smaller stores have a splendid delivery serethe, and Send their goods
all over the city juskthe same as the big fellows, -
The moral of all this is that it does not pay to send your money away from Clinton.
Our local merchants have got or can get you anything you want and 'save you money
on the transaction.
.
If every citizen of Clinton would act fairly in this matter, we would have better
bebop% and churches, and perhaps better morals. Keep your motley in circulation here.
Buy at home.
Read the ads..2this.*00k.
AMON.=
of the High Court for a direction what
, to do in this case.
H. J. W., Brussels -Qu.-Can &mun-
icipal council make a grant in,aid of a
telephone company • without submitt-
ing the question to a vote of the rate-
payers?
; (2) The reeve is seuretary-treasurer
of the company and two of the coun-
cillors and the clerk are also connected
with it. Does that make any differ.
I once? •
' Ans.-The Assesment Act of 1904
provides that every telephone com-
pany shall be assesed for 60 per cent
of the ainountof the Ones receipts be-
longing to the company: An amend-
ment passed in 1906 says : "In the case
of any local telephone systemnot oper-
ating generally throughout the prov-
ince the lines of such company within
any township shall be assessed at their
actual value," etc. There is no pro-
vision in the Assestment Act, nor in
the Municipal Act that I am aware.
. of even permitting the ,exemption,of
telephone companies from • taxation.
• But under Sec,580of the Municipal Act
-as amended iu 1903 -the municipal
Councils are empowered to construct
and maintain telephone lines and a tel-
ephone service and all the works be-
longing thereto, within any municip-
ality �r within two miles therefrom.
Municipalities are also 'empowered to
borrow money for the construction of
such a telephone system, and to issue
debentures therefor. Of course,where
a municipality constructs its own tele-
phone lines and maintains • its own
telephone service, that particular
plant and property will not be subject
to taxation or assessment.
(2)You say the reeve and some of the
other municipal officials are members
of the company. That would indicate
that it may be wholly or partly a Mun-
icipal telephone system, constructed
and maintained by the rounicipaA
But the mere fact that the reeve
and some of the other officiate are con-
nected with or interested in the tele-
phooe system, does not make it a
municipal telephone system, nor give
the council any right to grant a bonus
to the c.ompany, or to exempt it freno
taxation.
News in. General
Mies Brennan lost 01.41 in a fire that
damaged her boarding house at Paris,
On.
Lena Christopher, a young Ottawa
girl,d rank carbolic acid and died short-
ly after.
• 'Arthur Sutherland was carried into
Sarnia Bay and killed while nnloading'
sawlogs.
., ,Owing to increased traffic, extra
trains are to be put on the r. & N. 0.
Railway. . .
' ly itijured by a 0 P R train at Streets-
vanieViciielh.FAarr.leeAds o,s
Swithenbank pi obably fatal-
.-
ofacturing Company at Winnipeg was
The warehouse of the McClary Man-.
Thomas Gaunt was instantly. killed
opened the Exhibition,
`. Earl Grey was lost and wandered in
burned. Loss $210,000.
hunting iu British Columbia.
treat, and is now in Toronto where he
sixteen, collapsed after bathing, and
died in a few minutes. .
LordOhas Beresford arrived atMon
the strike situation.
Thomas Campbell, of Keene, aged
to report to the Labor•Department on
the woods for several hours while .
cland has gone to Glace Bay
haugnessy, ledger keeper
hi the, Canadian Bitnk of Commerce at
- -Vancouver, was drowned while swim-
ming.
Bertha Petrie, the daughter of 11 W..
Petrie. was drowned in the .Island la-
goon, Toronto, owing to the upsetting
of her canoe.
. Partners have received letters from
• lawyers in which the farmers are ad-
iised to fight the Hydro-Eleotric Pow-
er Commission, T
Peter Pine was killed and William
Armstrong seriously injured by the
bursting of a circular saw in tne rill -
son stave mills at Woodstock.
„ Luke Shaw, a young Englishman, •
jumped off a bridge at Belleville with
intent to commit suicide. He tried to
eat) Joseph Bolster, who went to his
men( , but was eventually pulled out
i and handed over to the police. ,
.
Vir-