062C
COUNTY OF ELGIN
C)
(
62
By-Law No
ORIGINAL ALLOWANCE
TO DISPOSE OF CERTAIN PORTIONS OF THE
OE-YHE TOWNSHIP LINE BETWEEN THE TOWNSHIPS OF YARMOUTH AND
Passed 27 January 1859
SOUTHWOLD
WHEREAS by the 325th Section of the Municipal
Institutions Act of Upper Canada of 1858, it is hereby
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-
in 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 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 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-
nexted to be useless as a public highway and that the new or
travelled road is sufficient for the purposes of a public
highway.
AND WHEREAS Wait Honsinger, Patrick Brady, Richard
White, William Francis and A. Robbins have by petition repre-
sented to this Council that a portion of the original allow-
ance of the Township line between the Townships of Yarmouth
and Southwold adjoining the eastern boundary of lots 5, 6, 7,
8 & 9 in the second range east of the River. Road in the Town-
ship 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 ap-
propriated as a public road in place of such original allow-
ance. The said parties also represent that as required by
the statute they have given four insertions of a notice in
the Weekly Dispatch and posted the same in .at least six dif-
ferent places in the neighbourhood of such road of their
(Cont'd)
Page 2
)
c
(
62
By-Law No
intention to make application at this session of Council
for a By-Law to be passed for the purpose of conveying
said original road allowance to them in lieu of said tra-
velled road.
IT IS THEREFORE hereby enacted by the County
Council of the County of Elgin by virtue of the author-
ity aforesaid
That that portion of the Township line between
the Townships of Yarmouth and Southwold adjoining the east-
erly boundary of lots number 5, 6, 7, 8 & 9 in the second
range east of the River Road in the said Township of South-
wold 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 owners of the land
so appropriated as a public road in place of such original
allowance and whose lands adjoin said original 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 Corporate
Seal of this Council attached to the said W. Honsinger, R.
White, P. Brady, William Francis and A. Robbins or the
owners of said lots numbers 5, 6, 7, 8 & 9 in second range
east of River Road in 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 ori-
ginal allowance adjoining the said lands owned by them the
said parties and through which said new road has been laid
out in lieu of said original allowance. Provided always
that satisfactory proof in writing be first produced that
they are the bona fide owners of said lands and payment
made of all expenses attending the transfer of the same.
And also that the said travelled road given in lieu of the
original allowance shall not be less than forty-two feet
in width and that the said travelled road be established
by survey and by law or by indenture or in such manner as
the Law provides in such case.
of Elgin
Levi Fowler
Warden
County
27 January 1859
St. Thomas
W. McKay
County Clerk
Read a first time 27 January 1859.
Certified - W.
Clerk
McKay
Read a second time 27 January 1859
Certified - W
Clerk
and finally passed 27 January 1859
Certified - W. McKay Clerk
McKay
.
.
Read a third time