062A
COUNTY OF ELGIN
A)
(
62
By-Law No
COUNCIL OF THE MUNICIPALITY OR CORPORA-
"TO AUTHORIZE THE
TION OF THE COUNTY OF ELGIN TO CONVEY CERTAIN PORTIONS_OF
TOWNSHIPS OF
ORIGINAL ALLOWANCE FOR ROAD BETWEEN THE
THE
Passed 27th January 1859
"
YARMOUTH AND SOUTHWOLD
WHEREAS by the 325th Section of the Municipal
Institutions Act of 1858 for Upper Canada it is thereby
enacted "that the County Council shall have exclusive
jurisdiction over every road or bridge dividing different
Townships and by the 318th Section of the said Act it is
thereby enacted that in case a new or travelled public
road has been laid out and opened in lieu of an origi-
nal allowance for road and for which no compensation has
been paid to the owner of the land appropriated as a pub-
lic road in place of such original allowance the owner
if his land adjoin the original allowance shall be entitled
thereto in lieu of the road so laid out and the Council of
the Municipality upon the Report in writing of a Deputy
Provincial Land Surveyor that such new or travelled road
is sufficient for the purpose of a public highway may
convey the said original allowance for road in fee simple
to the person or persons upon whose land the new road runs
"
AND WHEREAS a portion of the original allowance
for Township line between the Townships of Yarmouth and
Southwold has been reported by a Deputy Provincial Land
Surveyor (as per Report hereunto annexed and marked number
one as part of this Bý-Law) to be useless as a public High-
way and that the new or travelled road is sufficient for
the purposes of a public highway. And whereas Wàit Honsinger,
Patrick Brady, Richard White, William Francis and A. Robbins
have by Petition represented to this Council that that por-
tion of the original allowance of road between the Townships
of Yarmouth and Southwold adjoining the eastern boundary of
lots number 5, 6, 7, 8, 9 in the second range east of the
River Road in said Township of Southwold and also adjoining
the westerly boundary of lot number one in the fifth, sixth
and seventh concessions of the Township of Yarmouth is use-
less for a public road and that a new road has been laid
out and travelled through the said lands represented to be
owned by them without any compensation having been paid for
the land so appropriated as a public road in place of such
original allowance. The said parties also represent that as
required by statute, the requisite notices have been given
of their intention to make application at this session of
the County Council for a By-Law to be passed for the purpose
(
Cont'd)
Page 2
(A)
62
By-Law No
of authorizing the conveyance to them of part of said ori-
ginal road allowance in lieu of said travelled road laid
out through their land. And whereas the parties interested
in the disposal of said allowance having been heard by the
said Council regarding the disposal thereof and said ori-
ginal road allowance being in the opinion of this Council
useless to the pUblic, it was deemed expedient to convey
said original allowance for road to the person or persons
upon whose land the new road runs
BE IT THEREFORE enacted by the Corporation of the
County of Elgin by virtue and under the authority aforesaid
that the whole of that portion of the original allowance
for road between the Townships of Yarmouth and Southwold
adjoining the easterly boundary of lot number five in the
second range east of the River Road in the said Township
of Southwold be conveyed to Adam Robbins and William Francis
in lieu of the travelled road laid out through their land.
And also that the whole of that part of the said original
allowance for road between the Townships of Yarmouth and
Southwold adjoining the easterly boundary of lot number
six in the second range east of the River Road in said Town-
ship of Southwold be conveyed to Adam Robbins in lieu of
the travelled road laid out through his land. And also that
that portion of said original allowance for road between
the said Townships of Yarmouth and Southwold adjoining the
easterly boundary of lot number seven in the second range
east of the said River Road in said Township of Southwold
to Patrick Brady in lieu of the travelled road laid out
through his land. And also that that portion of said ori-
ginal road allowance between the said Townships of Yarmouth
and Southwold adjoining the easterly boundary of lot number
eight in the second range east of the said River Road in
said Township of Southwold be conveyed to Richard White or
the owner or owners of said lot number eight in lieu of the
travelled road laid out through his land or their land,
and also that the portion of said original allowance for
road between the said Townships of Yarmouth and Southwold
which adjoins the eastern boundary of lot number nine in
the second range east of the said River Road in said Town-
ship of Southwold be conveyed to Wait Honsinger or the
owner of said lot number nine in lieu of the new or travel-
led road laid out through his land and also that satisfactory
proof be given that said parties are the bona fide owners
of said lands.
AND IT IS ALSO enacted that the Warden of the
said County of Elgin is hereby authorized on behalf of
this Council to make the conveyance for said portions
of said original allowance for road herein before mentioned
and attach the seal of the Corporation thereto.
Cont'd)
(
By-Law No. 62 (A) Page 3
AND IT IS ALSO enacted that said travelled road
given in lieu of said original allowance shall not be less
than forty-two feet in width and that said road be estab-
lished as by law provided.
Passed in Council this 27th day of January A. D. 1859.
AND IT IS enacted that this By-Law shall take
effect from and after the 27th day of January A. D. 1859.
St. Thomas County of Elgin Levi Fowler
27th January 1859 Warden
William McKay County of Elgin
County Clerk
Read a first time 27 January 1859.
Certified - W. McKay Clerk
Read a second time 27 January 1859.
Certified - W. McKay Clerk
Read a third time and finally passed 27 January 1859
Certified - W McKay Clerk