062B
)
COUNTY OF ELGIN
(
62
B
By-Law No
COUNTY
CORPORATION OF THE
COUNCIL OF THE
TO AUTHORIZE THE
ORIGINAL
OF .ELGIN TO DISPOSE OF CERTAIN PORTIONS OF THE
TOWNSHIPS OF YARMOgTH
LINE BETWEEN THE
ALJ...QJJ1[f\.Nº-1L OF TOWNêHIP
SOUTHWOLD
AND
Passed 27 January 1859
WHEREAS by the 325 Section of the Municipal
Institutions Act of Upper Canada of 1858 it is thereby
enacted that the County Council shall have exclusive juris-
diction over every road or bridge dividing different Town-
ships and by the 318th Section of the same act it is there-
by enacted. In case a new or travelled public road has been
laid out and opened in lieu of an original allowance for
road and for which no compensation has been paid to the
owner of the land appropriated as a public road in place
of such original allowance. The owner if his lands ad-
join the original allowance shall be entitled thereto in
lieu of the road so laid out and the Council of the Munici-
pality upon the report in writing of a Deputy Provincial
Land Surveyor that such new or travelled road is sufficient
for the purposes 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 Township line between
the Townships of Yarmouth and Southwold is reported by a
Deputy Provincial Land Surveyor as per Report hereunto an-
nexed to be useless as a public highway and that the new or
travelled road is sufficient for the purposes of a public
highway
9
AND WHEREAS Wait Honsinger, Patrick Brady, Richard
White, William Francis and A. Robbins have by petition repre-
sented to the Council that a portion of the original allowance
of the Township line between the Townships of Yarmouth and
Southwold adjoining the eastern boundary of lots 5, 6, 7, 8 &
in the second range east of the River Road in the Township
of Southwold and also adjoining the westerly boundary of lot
number one in the fifth, sixth and seventh concessions of
Yarmouth is useless for a public road and a new road having
been laid out through the land 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 the statute they have given the required notices of their
intention to make application at this session of Council for
Cont'd)
(
Page 2
B)
(
62
By-Law No
a By-Law to be passed for the purpose of conveying said
original road allowance to them in lieu of said travelled
road. And whereas the parties interested having been heard
by the said Council regarding the disposal of said allowance
it was deemed expedient to dispose of the said original al-
lowance to the person or persons upon whose land the new
road runs.
enacted by the Council of the
of Elgin by virtue of the author-
IT IS THEREFORE
Corporation of the County
ity aforesaid
That that portion of the Township line between
the Townships of Yarmouth and Southwold adjoining the east-
erly boundary of lots numbers 5, 6, 7, 8 & 9 in the second
range east of the River Road in the said Township of
Southwold and also adjoining the westerly boundary of lot
number one in the fifth, sixth and seventh concessions of
the said Township of Yarmouth be conveyed to the person
or persons upon whose land the new road runs in lieu of
such original allowance and whose lands adjoin said origi-
nal allowance.
AND BE IT FURTHER enacted by the authority afore-
said that the Warden be and is hereby authorized by and on
behalf of this Council to convey by deed (with the Corpor-
ate Seal of this Council attached) to the said W. Honsinger
Richard White, P. Brady, William Francis and A. Robbins or
the owners of said lots number 5, 6, 7, 8 & 9 in the se-
cond range east of River Road in said Township of Southwold
respectively all the lawful right which they this Council
possess in the said original allowance and which they are
authorized or empowered by law to dispose of in the several
portions of the said original allowance adjoining the said
land owned by them the said parties and through whose land
said new road has been laid out and travelled in lieu of
said original allowance. Provided always that satisfactory
proof be given that they are the bona fide owners of said
lands and payment made of all expenses attending the no-
tices given in relation to said By-Law.
AND IT IS ALSO enacted that the said travelled
road given in lieu of said original allowance shall be not
less than forty feet in width and that the said road shall
be established by survey and By-Law or in such manner as
the Law provides in such case
(Cont'd)
By-Law No. 62 (B) Page 3
Passed in Council this 27th day of January A. D. 1859
AND IT IS ALSO enacted that this By-Law shall
take effect from and after the 27th day of January A. D.
1859.
St Thomas 27th January 1859 Levi Fowler
William McKay Warden
County Clerk County of Elgin
Read a first time 27 January 1859.
Certified - W. McKa~ 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