059
COUNTY OF ELGIN
By-Law No. 59
~'TO CONFIRM A CERTAIN BY-LAW OF THE MUNICIPALITY OF THE
TOWNSHIP OF YARMOUTH ENTITLED "BY-LAW NUMBER ONE HUNDRED
AND ELEVEN TO CONVEY CERTAIN ROAD ALLOWANCES THEREIN
MENTIONED. "
Passed 15th November 1858
WHEREAS by the Act 20th Victoria Chapter 69 en-
titled "An act.to provide for the disposal of Road allow-
ances in the rural Municipalities of Upper Canada".
IT IS THEREBY enacted that - It shall be law-
ful for the Municipality of each of the Townships of
Upper Canada from time to time to make a By-Law or By-
Laws for the stopping up and sale of any original allow-
ance for Road or any part thereof within such Township
and thereby to determine and declare the terms upon which
such original allowance for road shall be sold and conveyed
or where a new road shall be opened in lieu of an original
road allowance and for which no compensation has been or
shall be paid to convey such original road allowance to the
party or parties through whose land or lands the same shall
have or shall run in lieu of such new road provided always
that such By-Law or By-Laws before they have any force shall
be confirmed by a By-Law of the County Council of the County
in which such Township is situated at some ordinary session
thereof held not sooner than three months nor later than
one year next after the passing thereof.
AND WHEREAS the Municipal Council of the Township
of Yarmouth having on the ninth day of August A D 1858, pass-
ed By-Law number one hundred and eleven for the purpose of
conveying certain portions of original road allowances in
the said Township of Yarmouth in words to the following
effect.
"WHEREAS the original road allowance between the
first and second concessions in the Municipality in front of
lots Nos. Twenty-six, Twenty-seven and Twenty-eight has been
and is impracticable and whereas á public road has been opened
through lots nos. Twenty-eight, Twenty-seven, Twenty-six,
Twenty-five and part of Twenty-four in the said second con-
cession in lieu of said original road allowance:'
"AND WHEREAS Charles Fraser Esquire a Deputy Pro-
vincial Land Surveyor has in a Report of the said roads now
(Cont'd)
Page 2
59
By-Law No
laid before this Council certifies that the said new road
is quite sufficient for the use and accommodation of the
public and that the original road allowance is not required
on account of its inaccessibility and whereas over one
months notice has been given of the intention to pass this
By-Law at the present session of this Council and to submit
the same to the County Council at a succeeding meeting of
that Body for its approval by putting up six written notices
in as many different places in the vicinity of the said road
allowance as well as by publishing the same in the Weekly
Dispatch for three successive weeks, and whereas no compensa-
tion has been made to the.persons hereafter mentioned."
"The Municipal Council of the Township of Yarmouth
by virtue of the authority of the power vested in them by
the åct Twentieth Victoria Chapter p9 hereby conveys to and
vests in John Oill the owner of the south half of said lot
number Twenty-seven in the said second concession every part
and parcel of the said road allowance in front of his farm
and extending from the east to the west limit of said lot No
27, to Thomas Warren the owner of the south east quarter of
lot No. Twenty-six the portion of said road allowance ex-
tending from the east limit of the said lot No. 26 to the
center thereof, and to James Nelson Teetzel that portion
of the said original road allowance in front of the south
west quarter of said lot no. 26 in the said 2nd concession
extending from: the centre to the west limit of the said lot
no. 26 And all right, title, interest and ownership to
these separate portions of the said original road allow-
ance above described is respectively vested in John Oill,
Thomas Warren and James N. Teetzel aforesaid subject never-
theless to the approval of the County Council of the County
of Elgin. And for the same and similar reasons, the original
road allowance laid out between lots numbers sixteen and
seventeen north and south of Edgeware Road be in the same
manner vested in and conveyed to the following parties viz _
to Charles Close that portion of the north west quarter of
lot no. 17 south of Edgeware Road, to Daniel Luton that
portion of said allowance west of lot number seventeen in
the first range north of Edgeware Road and Robert Michael
Senior that portion west of lot no. 17 in the 2nd range north
of Edgeware Road".
Miller
Reeve
(Cont'd)
A
(Signed)
Signed A. McLachlan
Mun. Clerk
By-Law No. 59 Page 3
AND WHEREAS it is deemed expedient by the Munici-
pal Council of the County of Elgin and in conformity with
said in past recited act and said By-Law of the Municipal-
ity of the Township of Yarmouth that said By-Law should be
confirmed.
IT IS THEREFORE, hereby enacted by virtue of the
authority aforesaid that said By-Law numbered one hundred
and eleven entitled a By-Law to convey certain road allow-
ances therein mentioned be and the same is hereby confirmed
which said By-Law No. III was passed by the Municipal Coun-
cil of the Township of Yarmouth on the 9th day of August
A. D. 1858.
Levi Fowler
William McKay Warden
County Clerk
Read a first time 15th November 1858.
Certified - W. McKay Clerk
Read a second time 15 November 1858.
Certified - W. McKay Clerk
Read a third time and passed 15 November 1858.
Certified - W. McKay Clerk
(Attached to By-Law 59, there is a copy of By-Law III
of the Townsnip of Yarmouth and also a copy of the Report
of C. Fraser P.L.S including a map.)
By-Law No 59 Page 4
COpy OF REPORT OF C FRASER PLS ON SAID ALLOWANCE AT
JAMESTOWN YARMOUTH
Read in Council 15 November 1858
TO THE REEVE AND MEMBERS OF THE MUNICIPAL COUNCIL OF YARMOUTH
Gentlemen:
I beg leave to report that I have examined the
road across lots. 28, 27, 26, 25 and a part of 24 in the
Second Concession of Yarmouth now used by the public in
place of the road allowance between the first and second
concessions across said lots. ~ rough sketch of which
place see on opposite page of this sheet.
I beg to state that the said travelled road is
quite sufficient for the use and accommodation of the public
and that the road allowance aforesaid is not required on
account of its inaccessibility.
I have the honor to be
Gentlemen
Your Most Obedient Servant
(signed) John Fraser
Provincial Land Surveyor
Port Bruce
August 7th 1858
Certified to be a true copy.
A. McLachlin M.C
(Cont'd)
Page 5
NO
59
:copy OF BY-LA.W
By-Law No
III OF THE TOWNSHIP OF YARMOUTH
III
:!9~ONVEY CERTAIN ROAD ALLOWANCE T~REIN ,MENTIONED
By-Law No
Passed 9th August 1858
WHEREAS the original road allowance between the
first and second concessions in this Municipality in front
of lots nos. Twenty-six, Twenty-seven and Twenty-eight has
been and is practicable and whereas a public road has been
opened through lots nos. Twenty-eight, Twenty-seven, Twenty-
six, . Twenty-five and part of Twenty-four in the said second
concession in lieu of said original road allowance and where-
as Charles Fraser Esquire a Deputy Provincial Land Surveyor
has in a Report of the said roads now laid before this Council
certifies that the said new road is quite sufficient for the
use and accommodation of the public and that the original road
allowance is not required on account of its inaccessibility.
AND WHEREAS over one months notice has been given
of the intention to pass this By-Law at the present session
of this Council and to submit the same to the County Council
at a succeeding meeting of that body for its approval by
putting up six written notices in as many different places
in the vicinity of the said road allowance as well as by
publishing the same in the "viTeekly Despatch" for three suc-
cessive weeks and whereas no compensation has been made to
the persons hereinafter mentioned.
THE Municipal Council of the Township of Yarmouth
by vir>tue of the authority of the power vested in them by
the Act Twentieth Victoria Chapter 69 hereby conveys to and
vests in John Oill the owner of the south half of said lot
number twenty-seven in the said second concession every part
and parcel of the said road allowance in front of his farm
and extending from the East to the West limit of said lot
no. 27 to Thomas Warren the owner of the south east quarter
of lot number twenty-six the portion of said road allowance
extending from the East limit of the said lot No. 26 to the
centre thereof and to James Nelson Teetzel that portion of
the said original road allowance in front of the South West
quarter of said lot No.26 in the said 2nd concession extend-
ing from the centre to the West limit of the said lot No. 26
and all right, title, interest and ownership of the said
separate portions of the said original road allowance above
described is respectively vested in John Oill, Thomas viTarren
and James Teetzel aforesaid subject nevertheless to the ap-
proval of the County Council of the County of Elgin and for
the same and similar reasons the original road allowance
)
Cont'd
(
By-Law No 59 Page 6
Copy of By-Law No III of the Township of Yarmouth
laid out between lots numbers sixteen and seventeen North
and South of Edgeware Road be in the same manner vested
in and conveyed to the following parties viz to Charles
Close that portion West of the North West quarter of lot
No. 17 South of Edgeware Road to Daniel Luton that por-
tion of said allowance West of lot number seventeen in
the first range North of Edgeware Road and to Robert
Michael Senior that portion West of lot No. 17 in the 2nd
range North of Edgeware Road.
signed A. McLachlan
M. Clerk (Signed) A. Miller
Reeve
I hereby certify that the above is a correct copy of By-
Law no. III of the Municipality of Yarmouth as passed on
the 9th day of August 1858.
A McLachlin
M. C
Read in Council 15th November 1858