Acton Free Press (Acton, ON), October 22, 1885, p. 2

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mi sr w kwtonw octowtoit j to tuoj jiditorl of thof ieii tiikss ieui sisidce tho above letter was written the emetry committee have de cided to abanderi any further attempt to place ho plots iu fairvi bw cemetery before the ptblicfo sale preferring to leave the matter over intil the m unioipal elections thin courbslias been decided ou because of tlie persist cut hostdlit y ol certain mem bers o the c mncil ab also the evident lack of apr reciati m by the ptiblic of the efforts of the cemetery committee to promote their interests i nring the committees labors every possible barrier thjat could be raised against their efforts by certain citizens has been placed in their way if the citizens of ac an feol like supporting such con tumacy they will nowhave ah opportunity of el ting such men- to represent them daring the ccming year should they not feellile giving theirs support to j snob it will be come i heir duty to give their decided expressions if disapproval to sued hostility in any event the citizens will now have an i tb new attention it directed to tiie letbei of miv w h browy rve id tile valuable omottpjtbm lash fe co barmters toronto wspeoiing the lrutyol the prooeedingb connect od with the aecaring of uie new ceraeteiy and its position to adjacent properties this opinion will uo doubt allay to fears jof aomeof ou ouittiw that the proceedings were illegal and that the bylaw rould be quashed caused by tho aotlbajsaiidbtate- ments of certain individuals vhohkvo been endeavoring to oobtofuct the matter merely fjir the sake 61 peraoiial gratificaticn j if r an open letter to ti ptophf acton fkixbwcmzkssjhe cemetery com mittee having in charge the survey ingnd preparing for use of the newlyacquired cemetery hae completed their laborsforthe j beason three acres ol the first survey being now ready and will 1e offered for sale in a few days during the progress ot the work certain persons have endeavored to excite public opinion by threatening the council with litigation andasser4ins their aots to betmlawfur the- council knowing their course in the cemetery matter to b in ac- coriwith municipal law have disregarded such threats and have held themselves ready to defend the municipality against any action that might be instituted as a matter of fact however no legal proceedings have been instituted feeling nevertheless that those rumors might unsettle the minds of many citizens not versed in municipal law and thus iajre the sale of plots as well as the municipalitys interests- the c- council instructed their solicitor w a mclean esq to obtain the best legal opin- ion obtainable the result we now publish and it is the written opinion of messrs blake lash casselsiholman respecting the matter and which will allay any doubts that may have possibly existed rtheorig- inal letter may be seen by any citizen at the office of the clerk of the municipality i your obedient servant j i whsloiley the letteb if 4 mclean bug barrister acton dea sm we nave considered the vari- ous questions submitted for out opinion the facts as we understand thenii are shortly as follows by bjvlaw duly passed the boundaries of the village of acton were circumscribed the object being to xclude from the boundaries of the village certain jfarm lands wnich the village desired to ac- quire for the jurpcse of a cemetery this bylaw was passed in december 1879 being bylaw no 114 7 it appears considerable discussion arose among the inhabitants of acton with a view to the property being acquired for the pur- i poses of a cemetery by bylaw kb7 136 i passedon the 30th jnne 1885 the municipal council of the villape of acton enacted that hie reeve be authorized to purchase from one nelson mcgarvin certain lands for a public cemetery the lands being described in the bylaw by bylaw no 137 passed on the 14th july lfegs the municipal coun cil accepted a grant of certain otfaejrj jands adjoining the lands previously purchased for the cemetery on certain terms therein con tained as to payment out of moneys derived from the sale of thej land in question these t bylaws we undersjtand were passed after the requirements of the municipal statutes hadbeendnly complied with in order to obtain the money for the purchase of the lands iri question jand for improvement thereof bylaw jno 134 was duly passed on the 19th may 1885 and after being voted upop by the ratepayers was duly sanctioned wje are instructed that the requirements of the municipal acts in regard to advertising and the holding of thtpoll c were duly complied with the first point we are asked to advise upon is whether or not the municipal coun- cil had power to pass those bylaws fe see no reason why the bylaws are not valid as8umingthe necessary formalities to havd been complied with the municipal council would have power under the municipal acts r tojfflss the bylaws in question 2 it is alleged that at one time thekeeve wasinterested with mcgarvin in the lands purchasedbut that prior tp the acquisition by the village the beeve had parted with all interest in these lands this being the case we can see no reason jwhj this should affect t- the validity of the purchase 3 it is 8tatedthatliereeyewa8disquali- fied from acting as reeve on the ground that certain of his propeny was exempted from 1 taxation under a contract with the mnni- cipality and we are asked whether assum ing the reeve to have been disqualified the bylawb in qflestion and theother acts of the council during the time of his actingas reeve are void we are of opinion that this does not vitiate the by laws in question or the other acts of the council there was a quorum of the council without the presence of the reve the fourth question submitted is as fol lows it is said that near the land ac quired for tie proposed cemetery there is a valuable spring of water- which has been used for the last fifteen or twenty years this spring is on one of tthegroads bebnging to the township or county it is asserted by some of the inhabitants that the use of the lauds acquired for cemetery purposes will have the effect of ruining this spring thiseiioct it is said wijj be caused by the percolation of the waters through the earth and the question is askedi whether on this graund the village can be restrained from using the lands purchased as a cemetery there seems to be a conflict of opinion in ybe american- courts as to whether or not the corporation authorized to purchase and hold lands fer cemetery pitrposes can be rostrained by a neighboring landowner on the ground that the effect of tsaid use will be jhfl destruction of hia spring on te ad- joiningjand in one state iff is bel that if th effeflf using tnahuids for cemetery usjaiiimdoia publie jwaltfc by pokraing e pupply otfater tat an intiwtaon wp w ti ual erstato it is b that e uie for ceme ery purposes iwing lawful anf ie iinrysb jartidining i well ejristng by thol peiroolatioul throu h unki wwri cht id bib hitm 10 wmu t we ire o ipinion u niojr theoir suiol oes tit this w e ttimit hi munloipmit not bb reatra mod f roh levoting the aidt queauon to eemjtbry purposes the statute authi rizes the mrchabeof lands and their jileicat ion ab a jcsmetery and eido not se on th 3 facts isu ted that a rateyayer oouid mccosi fully oomplftin of thoaowonof the c4uhcil youniiruly blxjce lash i jassew a holmax toronto lith oot 11885 w iml iisbisisgisfra rfshradufneld winter pears d sample of gra es opportunity of electing who they please in the meantime all farther efforts of the acton oct committee will cease yours truly 21st 1885 w h stojiey d hepebsqn a stetirfiksos eramosa fall show continued lrom first page pigs j lair e wiii ce breed boar a mntrie sow a mutiie bow pig dropped in i85i a muiri i bebibhiree boar win kitchibfi isow jas gi ay w m hitching boar pig drop ped in 1885 1 hurren p bathgate pig dripped n 1835 p bathgate scff lksa sow geo clarksoh bow pig dripped in 1885 n mcmurray sow pig dropped in 1885 n imcmurray- g clarksijin l poultry i turkeys w wood jos croft geese w wo 3d p gould ducks wwood w stovell leghorns p 1 bsivdv ii red gould bald f warren jrnckell d bar saree tatocs any nickell thos black spanish p gould j brown rs m dnffield ray r brownw btovell brabs tlfos mociiuogn fas transcendent cvabs mrs win jos croft plums robt browi olarkbon j ladies work and fine kstq i wreath- work mrs t wilson i in wm rarabay crochet work in cottpu wm mulrie mrs j a watson work in wool mrs w farrish gallop mesh work misses j ton mrsj mutrie worsted wo r brqw mrs 3 imutrio con monded misses j a h tolton worstpd work raised misses j cfc h tolton farriblt hooked mat misses toltcsi miss b duffleld quilt work mrs w n mutrie mrs tl dell v counterpauei mrs d b mrs w mutrie commended miss sphultz gents shirt hand mado k w mre h dufnold gents shirt made e w gallop specimon work r brown ornamental work muses j a ii tolton mutrie bead work misses j ton r brown pair worsted so w kitohing irs f ramshaw bathgate white leghorns w- wobd p gould any other sort w wood r wilson grain c whitio winter wheat p gould rwilson wpnter vheat jas mccullqbgh p spring wheat hugh black beardy spring wheat robt wilsonl chas gerow barloysixi rowed- wm v 5l a ramsay small white peas b talbbt jno taylor small white oats jia ofoit large white oatti thos hendeisou plackoats n norrisli timo thy see 1 j a watson chas modougal flax seed- jno taylor thos wilson white 3eans jos ramsay w- willoughby indian cbrii wwood jas ramsay i roqts potatoes rose jas bolton w leshmau potatoes beauty of hebron jnojblack jap gray other sort jas bolton c mcdoukal v m- kitchiug j collectiop of potatoes not ess than six varieties j b bennett swedish turnips henderson thos talbot robert hamilton any other sort turnips wm wood c mcdougal mafigold wurtzel longroi wm wood robt jtalbot field carrots ter cabbage winter worsted stockings mrs w mntri 5 misses j it h toltou pair of mits phiri mre d b monair j mntrie pair of mits raised mrs d b monair fancy knitting mrs j mutrie mrs j norish embroidery in cotton misses j fc h tol ton jrrs w mntrie embroidei7 oh silk mts g srutrie mrs j mutrie embrol dery on muslin mrs d bv mcnuir eitf- broidery on worsted mrs j mutrie braiding r brown mrs w mutrie tatting h brown mrs j a watson silver wire wreath mrs wm ransay r brown fancy knitting s harr s pen and ink sketch miss ada gerow jas baker pencil drawing miss ada gerow jas black painting miss l slit w miss m strange collection ladies f am y work mrs w- farrish misses j fc h totton miss b duffield implements o j farm wagon richardson ibbons iron beam plow tolton bros moi rison iobthroyd scarifior or horse hoe tolton bros morrison boothroyd tur lip drill morrison a boothroyd pair inn seed harrowsr j gibbons tolton bros shod horse shod by meniberof this society thos jago jphn gibbons flowers- window plants mrs j norrisli col lection of annuals mrs j norrii h jas ramsay pansies 12 flowers not 1 sssthan 4 varieties wm stove l jpaikinson collection balsamb 12 flowers t ot less than 4 varieties mrs j norrish collec tion stocks 12 flowers not less than 4 vari eties j ramsay collection asters 12 flowers not les than 4 varieties mrs l parkinson jas ramsay collection french marigolds 12 flowers not less than 3 varieties mrs l parkinson jas ram- s ly collection african marigolds 12 flowers not less than 3 varieties il rs w mutrie jas ramsay collection f zin nias 12 flowers not less than 3 varieties mrs j norrifh collection dahlios mrs ji norrish jks ramsay bonq sf gallop machine of hair needle mrs w h tol- jks mrs pair of table iifrs jas rftmsay bonq net for let for hand mrs jas ramsay mrs l iarkiii son ublicbusiness 7 transacted by the peoples municipal representatives the collector the and at his old tricks again cutting prices cutting prices iv cutting prices we sympathize with those who are not in a position to buy as chonpiy or do busi ness ns economically as the liou add consequently cannot sell as cheap but we believe in the doctrine oftlie survival ottlio fittest the men who are nolly capacitated for business will lend nnd others tnust follow or sinkcinto oblivion those who jwereo much surprised at the wonderful bargains vexiffefcd last spring wu bo still more astounded at staftliiig vjilues wo ore now sliowi ig the lion his now on hand the largest stock that has been on i he premises for the last six years having close on 100000 thif tremendous i stock ha 1 all bepn imported dlrebt from the manufacturers and bought at such prices that w oue firm we could sell to any bujiuess house in the 1 city to just thoy buy in toronto or montreal we do business onbusiucss principles wo sell only for caslji to one price and have nil goods marked in plain figures ih the exception of good advantage as the genial nnd beartyrcceptum and attention visitors always receive at the induces them to come again our prices startle our goods please the eye captivate the the judgment our business groivsapace notwilhstandinctlie has stcadiljmpcreiibed and ishtilllncreasing j we stick s rictly lion fanoy and satisfy depression onr trade choicest stocks of millinery fancy dry goods special lines t i j dealerlr has e liveried hy mia npo or are tindly 1 codteniabd to onr i amount hum vtq have ioo misses sailor velvet covered hats for 30 cents eacl regular value for these are 45 cents 5ic we have 60 blaok ostrich plumes for 75 oents f aoh regular value for these goods are 250 f wondejlfur value in i blankets comforters counterpanes wondeiiful value in carpets oil cloths linoleum mats wonderful value j millineiy mantles mantle wondehftl value un furs jackets capes muffs boc wondertul value in dress goods silks satins ottoman cords sic wonderful value in j clothing hats mens purnishings j d williamson sc 5o oemeery jas- ilamsayjno parasay- win thos ruddeli wm stovell red cabbages mrs h buffieldi c mcdon dd thos lnddelp jno bimsay jas ro msay inson jno stovell mrs mr l parki bamsay table carrots john rambay parsnips robt talbot blood beets jno ramsay heads celery mrs l park- bennett tomatoes win l parkinson red ouions inson e w gallopp james two pumpkins james argo j r kickell two squashes geo kitclungj geo ci irkson two citrons jkmea argo j r nickeu domestic manufactures pair ilanke s mrs wm sunter james kennedy ten yards of flannel mrs d b mcair mrs jas ramsay ten yards of fulled mrs t b mcnair ten yards r ig carj et robt croft jas ramsay straw 1 at ione made e w- gallop mrs h-duffield- aoney in the comb 5 lbs geo kitchmj honey strained 5 lbs robt i redge jnoramsay maple syrup one hal galloi p gould jas argo dairy produce flrki 1 of sa t butter not less than og lbs fit for xportatipn mrs j nonish neil mcarthurj kennedy mrs w mutrie butter not les than 15 lbs in stone crock mrs j k witson mrs j bolton mrs wm pitching d barbaree basketi of fresh bt tter n a less than 5 lbs mrs j pitchiu mrs j a watson mrs j dick- dairy cheese not wmjmcnab geo son mm w mutrie less tha n 8 lps mrs jkjtchinfe p ijeatherc harness k w gallop single harness e w gallop ladys boots jas stevens gen s boots j stevens j variety i basket of ho s robt ijjredge h doflild loaf of read tome made mrs w mutrie john bt msay mrsi- wrri sunter pruitsio collec iion oi apples j not less than 12 varieties nam d four of each h black jthosm sculloi ghmrs hduffield bnw apples toha black jas boiton thtos ruddeli st lawrence lijnorrish ih black jib bamsayj colvert thos mc- cullogli ra ramsay j a watson any oth r vari ity of tail applw e harrjil- ton thoi mcct llpugl i jas boston bhoda island g reeniuj s m holmes fos croft j jeiiiffe anterieau golden russett m holmes r i amilt an- b i a ramsay tyoirtheri spy i ho mesmrsj h duffle jd ilftcfj anirothi arietif of winter ft vcqtmitfb wmjisharp fall ii t rjbwninnpr council met on tuesday evening mem bers preset the reeve and ilessrs henderson ismoud pearson and step icnson a bylaw to appoint a collector for the currentyear was introduced and passed the name of mr i j henry smith being inserted as collector the cemetery committee presented their third report stating that they had com- pletsd the work of the hew cemetery for the present scuaon they also reforjred to the matter of the opinion of messrs blake lash ac respecting the legality of the proceedings connected with the acquire- ment of the cemetery full details of which appear elsewhere in these columns the committee recommended pajyment of the following accounts thos speight work with team 9 j9 00 wm smith do 10 00 tlios mclanip do geo wilson do joseph mcglure do l lyman do john matthews do i s1j50 5 report adopted a bylaw regulating the management of fairview cemetery was introducer councii then adjourned 25 31 19 38 15 00 ii 25 75 i auction sales wool- stor wikhsesiiay oct 21rauction saleof len goods by a w green at his on mill street sale at 7 pm to b itinued if- not- all sold w hcmajheet auctioneer satcmiay 2jlth oct auction sale of boots shoes at h b mccarthys mill street isale to commence at 7 6clpck hemstreet auctioneer f fsatcbiiw 31st oct auction bale pf farm i 1 stock and implements the property of i john storey lot 25tii conl lsqufsing sale at 12 oclock j a murray auc tioneer monday nov 2 auction sale of a arui farm stock and implements the pro erty i of andrew bates lot 5 7th line if s i trafalgar sale at one oolock i andrew auctioneer geo icloakings nhvterings dress goods mil- linery and mantles immense stockj l vely goods wonderful bargains at the great dissolution gale mcleqp avnpimd sjco georgetown i the v1ieric a exposition i j ppcnb at mew orleans nov 10th 18v and con tinues until april 1st 1880 i the ulimhb tentkll u b the croat blirt irfne between the north uud south willi place on sale voundtrip tiokets at very low r ite winter tourists to pldi3 tonus mexico and california can purcliaae tiokote via tiea oriifanfl with stopover privileges to visit the kxposl at as low rates aa by any other route foi on folder giving routes and ad pen od ress ooni passagt 1 i ohioaoi thosdobwin pienl nphlfass m pwpkwj vgt scotch endiiih and canadian sui ing iroit variety ajtthe east end cbtl ni tore j pyfe acton il mi f new advertisemojits foklk thk uxuemsigxed offers for sale ut tbo jl late refiidetico of jlr v w hill llower ave nue the follominfi ono sideboard liiilffdorcu porfornlcdbeft clmirsj single bedstcnid hud oiw cradle anjily at the otoro of 1 chas tihill plkse lost on frederick ormill strett buurcett tlio resi dence of mr james mooro nnd tliu nost- offlce contained a 5 bill and nome silver finder will b rewarded by leaving at tho phee press office woou wanted rpexdejis vill bu received by the uiindcrsigii- i ed up to saturday 11st october for thirty cords of gooil dry maple wood four feet lougr tyrcntv cords to be delivered at tho schqol ami the bulauec at the iowu hall thu whole to be delivered bv the first of december hpjiooke j secretary lionrd of trustees ty- tho kab otaitkkt ex1cklix i sox are prepared to liifhesthnarliot prices for wbenl leiik mid oals delivered at their storehouse acton stiiflon g th farrnerp will do well toiioe that tha r grain is well cleaned i 1 j e nkkux actoi october isth 188 take notice that tho law partnership heretofore on in tho village of action by- mown leah 4ias this day been dissolved byj consent i j a mo w a mi witness- a conduct tho arried mc- nutual mffpdonald mr mclean will ptill remain in ac ublneb in partnership wi f1est cotjese of c c cloths c s and caps c j tnder theaiitpictisof the uadies aid society methodist church acton hkv t y 7initkv tcjronto will deliver his celebrated lecture oil 1 how to risfr in the town hall on tuesday evening 27th oct place your orderly cro de4 with work anxious to secure the come scarce as the s early as we are already bverybody seems to be choice novelties which b ason advances all are re3regtfully invited c p griffin jlotoisr a the f west end n the world he will be followed asbelow i hkv david kookiih iiilsa criiig thuilsilay liith november- subject drtalumges icele- brated lecture on ingersollisni kkv wc hendensod ma st marys cx- rresident of tho loudon conference tuesday 21th novnuiber subject ten days in london with notes by the way j me v john shaw toronto csfoesident of the toronto conference tuisdav 8tb december subject clmracteristicsjof tfiftaps j m jauekl hugtas toronto inspectojpub- lie schools monday 21ht december buhiact schsolaoom humor psshould it becom i ueccssary to cuauce any of the abovo dates due notice will be glren through the press and oherwiso proceefls in aid of the church debt tickets for each lectute 25cenu doors opcirat 7 pm chair taken at e u and lh ir hugh mcmilh u of uolph abtho towuj hall tltiioks ix wkiti i mateuk having clbed revise advantageous infonnation ok otherwise desil their literary productldh or disposed of on the terms should address txibiind bureau of literatiiri 231 broadway new jprk pkivatb oakih pehsons ilesiriii jirlvnto board 1 coniniodatert upon apiilicatiou to ikslt clullflh mil sweet i ibu no- well adapted for a tenement or boardl i wood stabloolt the prolnisos liboral kv i- apply to dw horse lot fok sai i 1 riihe nnderkigned offers for salo hisl pu lotand x lot on mniin street itis a largo h dui o con tains nine roohis also kitchen and wo s cam ven that a court the voters list common sfcse treatment catarrh and consumption if nil- charged with diseasccretting elements foul air will kill when brcaihed continuously ijir eharncd with remedial dements will ciuewlieu hrertthed ooatibu ously led is house rib 1ell ill be ctpf vtoticblsloreby xi held pursuant 1870 by his honor thojludgeof tho countscourt of the county fhalton in the jj town hajll- acton n the 2tb qay of october d dut qriirssi at 10 oclock hlil tfl hear wid duter lntbnterr6rsuiiapmrssib voters list ot oie sjtnulelpahty bwtfcoy several complain ilfiis3 ah persons lifviug business at the co requested to attend at the said tlmoniid ice j e mcgabvinj clerkbf the said muniojijauty dated tjwaidftfpjfpbeyi85 u etho t ao rlf yoqwa it anbbljy durable an uit j fyfes istho place to go 1 j leap the pillow bnhakr is an ekrnutly made hair pillow chaged with remedial elernents the vapor of w ilch the pntlont inhales all night long wliiut eleepjhg hb usual m cannot cot out of order and is perfectly safe to tha miost delicate itwill last fbr yenre and serve any number of persons in a family m suc cession it hatters flown the stronjihol of catarrh broncwtisastliaa and oonpalabtion j and makes s permanent cure- by a contlnu- our application of healing and curative air directly to the diseased parts sufferers from any of the ahovefrhontloiied diaeas are urgently requested to 6endus their ad- dress nnd a 50pnge pairiphlet will be mailed to them free mrhich will give a pompletc history of tbii wonderful discdv- nry and the principles upon which it worl 8j together with n longibt of tetimoniiils from those who have used it and who nw rejoice in perfect health do not delay for the longer a disease ib allowed to ruu unchecked tho slower aid hiirder ills to effect a c ire there is no medicine token into the stcifr anh iio dduqbingor snv ffing nor anything disagreeable about this treatment jt hfts never been known tp failt nd your naineand adflrcss plain- written fff the pillow inkier annoy london qxt thi8 paper m ibrtlslng burenuclo si joatracw maybe j mmm a t coiinowapnpor a r -c- bugh shiotabte uelph stock wje have that our tratje aurpas ty airfl choiqe i vye have eve opr custpraelrs b -bo- am co -oio- pleasifre in statiug y for the seasonsl 3es in extensive vane- selection anything i fornverly laid before again jcham co silks sax ns and velvets in tliis d spartment np hou8e here i f uccessfally compete with us in j oint of variety real ue and jowpright ladies wio aire in buying else svhee are the induct menlts wo departmeu sterling va cheapness tho habit of uot aware pj offer in this b chasers iu spectioii invited joham vjt co to pur- dress goods this depa with us anjl choice of ret select from in the large ladies wit ing to visit and look throjugh c e tmeitt is a large oue ahvpays presents a lyddsirablu goods to ejldoni m et with ve u 1 cltl68 a do jvell before buy ourvslstablishment compare- pricesj fashionable i iifaiisiv exldbuibi county buch m ia co m6fi betd ptm and ktttiuery iljbiishtnent x t m

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