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bigthings are happening judges decision in iga store ibslne bylaw appeal page s thb sboscmrrowm hiuld wdiuuy kvila april 27 ism motor trucks stasttlfettd new mocfefc rorllctosjhtauons chrhttmdiitg new feofctfe for allout performance np in see whats new at maveal motor sales main street triangu 7361 1 alfalfa for arthritic or rheumatic pain alpha tablets containing coacvoumtcd powdered extract of th jmaxing tiumm sod mineral rch awaija plant plus fast vor kins pain relieving grnti offer same day relief from jjoniuag anhriuc rtwunuuc neunuc aod neuralgic pain alpha i ahubts arc told on money back guarantee it jusae tafcuta smi 300 ssssw sm5 aval labl at juuccormwkt drvo main ll lucky dollars 530 chances every day mated yoa oallsr bills with ik list of canadian on dollar bill tarul aumbars published daily in the tly anyent cm h amounts ranging from 10 o 500 five new numbers published ayery day 530 chance vary day 30 new numbari published every week 3180 chances vary weak saa todays taly far details remember shorties gw you 500 antra chancm vry day to b a winnar the telegram daily w wkbkbnd toronto 1 otto tu ts how fcew yaw wwanlw 4 yw iff r h mmw tean in ht ctwrtrv eurt e hahtrt r4jlu vs cuwll fthd willi this li an appeal from the decision made by police maflstrate o s hoi lintrake on the 2nd day of february 1055 when be imposed a penalty of 150 inclusive ol costs on the accused wbo are joint proprietors of the iga supermarket and who were charged with an infnrujemeot of by law 427 pawed by the council of the town of georgetown whlcft has been effective from and after a lth day ol octo ber 1042 said by law providing for the eariy closing of snobs in the town of georgetown especially on thursday afternoons fcom 1230 to 5 o clock in the forenoon otnie following i ridsy i find that there ha been a dehb- erafe and planned violation of uy law but same wu done quite op ejily and above board by reason of the fact that such contem kited action was advertised in the local paper he georgetown herald to the effect the accused would close the stores on monday and open them on thursday aftrrnuuii evtry wcik corporal it a llcckctt of the on urio provincial iollee the complain ant visited the business carried on by the accused on thursday the 18th day of november 10m and purchased goods to the estent of 1 77 at the hour ofzupm on that date corpo ral beckett stated he investigated the situation as a result of complaints of certain eitiicns of the town of geor getown i find as a fact that the ac cusrd were warned twice before the present occasion and thry replied in each instance that they would brf clo sed all day monday but would be open all day thursday it may be argued that this was the scnutblt thing to do because thire would be comparative ly ftw custom rs on a monday arid that it would be more sensible to open on thurs day towards the end of the wek whin proplt were muri inclined to shop however the accused cannot b a law unto thcnurlvn as ily laws art not passed to in de bin ratcly broken u thi i law dots not conform to the modtrn a of doing business it u optn to the accused to cause p4 u tion to be circulated to amend this b law while tht presentation of a ptlition silned b not less ihse three quart irs in numu r of the occupurs of shops withing iht municipality be longing to the clus to which such ap plication relates who wish to hae stores in question closed is a condi tion precedent to the passing of the b law and the council has already satisfied themselves as to the suftic lency thereof it seems superfluous to state at this stsge that the petition which has been mislaid or lost in this case must be produced i must find there fort that the decision made by the council to pass this by law on the 6th day of october 1042 over 12 years ago is final and conclusive and same cannot be attacked at this late dale it is argued that a petition which was before the council was insufficiently signed or that the signed petition had been lost and the clerk of the town of georgetown unable to find the same this submission is based on the assumption that the by law was passed in pursuance of the mandatory provisions of subsection 5 of section 83 of the factories shops and office buildings act now km chap 420 1051 as passed under the 1037 stat utes it appears however that the by law as shown on its face and on the recitals therein contained wa passed in pursuance of the powers granted to the council by subsection 5 of section 83 the validity of the by law does not turn on the sufficicn cy or otherwise of a petition itc mc alpine and the village of bancroft 1033 own 53 nelson vs city of london 1044 o w n 455 the effect of the clause is that such shop and i do not find that this by law is am biguous in any way must remain clo sed from 12 30 pm every thursday until five o clock in the forenoon on rriday i find that the appellants in open defiance of this by law remai ned open on this particular thursday afternoon 1 find also that auch by law is not unreasonable and sets forth the classes of shops which arc to re main closed 1 have not been able to find a case in point where a question of the lapse of time has been considered the long user of a road as a high way since the passing of the by law without objection for many years af fords sufficient ground for applying the presumption that by law was leg ally passed- street j in elmsley south vs uiller 6 o wjl 726 while this decision u nor directly in point it certainly applies by analogy there u a presumption in favour of regularity in tha passing of a by law treves vs neuon 7 bcr 8 28 can abridgment 523 also palm ation vs uckibbon 21 a r 441 h is quite true that in the present case the preamble does not state that 75 per cent of the class of store have petitioned but we must not overlook the decision in the cast of ruber vs vaughan 10 ucqb 402 which held that it was not necessary to recite in a by law till that u requisite to show the authority of the council or regu larity of proceedings these will be presumed until tht contrary is pro ved this decision has been upheld by pttrtfament through lu passing of subsection 17 of section 83 of the act which stale as follows 117 the onus of provioil that an application in compliance with sub section 4 was not piesented by the prescribed number of the occupien of any class of shops shall be upon the person asserting that such applic ation was not so presented that onus has not be n discharged and the presumption of regularity ac cordinjy still stands in thi case of re white and sand wich last lor 530 at page 53a it was stated the court should not be astute in finding grounds on which a bylaw might be hi id defective but should rather uphold the action uf the body which under the law has the first right of extrclsintf a discrtt ion in the mattrr this by law is not unreasonable or oppressive or in restraint of trade ha ving been passed under the statutory powers of ounril iven by the legis lature lloylun w il of toronto 15 o it 13 the stcond clause of thi prtaniblr in this lt law if as follows and v he rfji the council has deemed it t sped lent u accede to the petition of the occupants of certain classen of shops to rrj ulati the hour of closing etc a b law which recites such a fact should therefore be taken to lw irut unlet at least the recital be clearly dtuhlished to be glaringly untrue so ai to afford a presumption of fraud in the proceenlinits of the council ite whit and sandwich hast 1 ok 530 1 find that the powers of councils in the present case hsve been crr cised honestly and bona fide and no attempt must be made at this stage to interfere with council s con stituted functions in byrne vm town of perth 23 own 026 objection was taken by the applicant on a motion to quash to the effect that the council has no power to close all shops kcpt cer tain specified shopi ai in the case at bar and that the council could effect ita object onlv b specifying what shops were to ik closed it was held in thai case hat this ob jection wa not well founded and that all shops may mean all shops or any class of shops this appeal therefore will he dis missed with costs paahle to the town of georgetown fixed at 35 00 by the appellants inasmuch as a fine of 25 00 was imposeul on the two accused and that same is in the discretion of thi convicting magis tratc and that there is nothing what hoctcr to show this discretion was wrongfully exercucd this court cannot interfere with the fine that has been levied g mori ey judge awothocwo e u c hre and social rafmkmant geod prixa esques1ng community hall stewa6ttown saturday aml 30 sponioradby loyal orarlge lodge 68 admission s0 ubbbbhbbabb building sand concrete gravel road gravel fill top soil tom haines glen william trunsie 73302 new look- ahead viewing 1 around windshield fulvue wrap jjkayuji ny a ad dodge trucks your dodoktpksoto ttealerl aaaaaaaaaa automobiic collision rtpairs refinishing re upholstering glass installed personalized customizing georgetown collision service make av wfst at 7lh iin oeobgetowm complete auto body reconditioning c roy smith prop trianuu 73790 open daily 8 am to 8 pm plumbing water system new bathrooms installed or remo6elled repair of all kind ken charlie nash mcdowell s kino street east trlanola 7242 lanes haulage for excavating and grading ponds cellars etc top sou sand gravel call tr 72521 concrete blocks also chimney blocks ill oriole concrete block co w j mcgowan 0th una our williams i triangu 73471 outwftown callers please reverse charges awr2 l hurls my cohklanca l ujufsr pay yaw yeur fatty 111 we have what you need in lumber and builders supplies frame suit door tr 73311