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074 COUNTY OF ELGIN 74 By-Law No TO AUTHO~IZE T~~ CONVEYANCE OF A CERTAIN PORTION-2-E..THE OF YARMOUTH QRWINAL ROAD ALL01[ANCJ?. BETWEEN THE TOWNSHIPS I1.ND_SOUT_H QQRCJ:!Eê.TER Passed 16 November 1859 " WHEREAS application has been made to the Council of·the Corporation of the County of Elgin by Edwin Culver and John Learn of the Township of Yarmouth for the convey- ance to them of certain parts of said original allowance for road between the Townships of Yarmouth and South Dorchester namely - That portion of said original allowance for road between the said Townships of Yarmouth and South Dorchester adjoining the North half of lot number nineteen in the Tenth Concession of Yarmouth to said Edwin Culver and that portion of said original allowance for road between the said Town- ships of Yarmouth and South Dorchester adjoining the South half of said lot number Number nineteen in the said Tenth Concession of Yarmouth to said John Learn in the place and stead of land taken from said lot number nineteen in the Tenth Concession of Yarmouth now owned and in the occupation of the said Edwin Culver and the said John Learn and now used as a public travelled road. AND WHEREAS no compenstion has been made for the land so taken for said new travelled road and the said Edwin Culver and John Learn being the owners and occupants of the land adjoining said original allowance and whereas by the Act of Twenty-second Victoria Chapter Ninety-nine, power is given to County Council to convey original road allowances to parties entitled to the same as mentioned in said act provided certain formalities shall have been com- plied with and it has been given in evidence to the said County Council that such formalities have been complied with as set forth in said act. BE IT THEREFORE enacted by the Council of the Corporation of the County of Elgin under authority of the Municipal Institutions Act for Upper Canada and by virtue of thereof. That it shall and may be lawful for the Warden of the said C~unty of Elgin and he is hereby authorized and empowered to convey under the seal of said Corporation and sign such conveyances as may be necessary to convey the fee simple to Edwin Culver of the Township of Yarmouth, Yeoman, his heirs and assigns of that part of said original road allowance between the Townships of Yarmouth and South Dorchester adjoining the North half of said lot number nineteen in the Tenth Concession of the said Township of (Cont'd) 74 By-Law No Page 2 Yarmouth. And to John Learn of the Township of Yarmouth Yeoman, his heirs and assigns of that part of said ori- ginal road allowance between the Townships of Yarmouth and South Dorchester adjoining the South half of said lot number nineteen in the Tenth Concession of the said Township of Yarmouth in lieu and as an equivalent for the land taken to make the new or travelled road through said lot number nineteen and which said road is not to be less than three rods in width and used by the pUblic as a travelled road. AND IT IS ALSO enacted that before the transfer of said allowance is made under this By-Law that the said John Learn is to conveyor secure to Ransom Dexter or the owner of the South West quarter of lot number twenty~four in the twelfth concession of the said Township of South Dorchester, a right or conveyance of said allowance to be transferred to him by this By-Law or a portion thereof to be seventy-two rods in length and two rods in width as and for a lane or road for him, said R. Dexter, to have free access to his premises. Levi Fowler Warden Passed 16 November 1859 W. McKay Clerk Read a first time 16 November 1859 Certified - W Clerk McKay Read a second time 16 November 1859. Certified - W. McKay Clerk Read a third time and finally passed 16 November 1859 Certified - W McKay Clerk By-Law No 74 Page 3 ENGINEERS REPORT TO THE WARDEN AND COUNCILLORS OF THE COUNTY OF ELGIN IN COUNCIL ASSEMBLED. Gentlemen. In compliance with the Statute 22 Vict. Chap. 99. Sec. 318 I beg to report That the road laid out by me in the month of May one thou- sand eight hundred and thirty-five (and established the same year as a public highway) commencing in front of lot number eighteen in the tenth concession of Yarmouth and thence running in a North Easterly direction across lots number eighteen and nineteen in the said tenth concession, to intersect the allowance for road between the tenth and eleventh concessions of said Townships which said road laid out by me has been used for many years for public travel, and it is now quite sufficient for the purpose of a public highway. That no compensation was paid to the owners of the land through which said road passes. All which is respectfully submitted. Daniel Harvey Engineer, Elgin Office of County Engineer St. Thomas 15th June 1859. (Map with the original.) (Cont'd) By--Law No 74- Page 4- 1859 Petition of George Durdle and others Yarmouth May 1st. 1859 To the County Council of the County of Elgin. We the undersigned petitioners living in the neighborhood of the Town line referred to in the Petition of John Learn and Edwin Culver believe that said Town line is unfit for a public highway and is also unnecessary as the public road which runs through their property is parallel with said Town line and are only a short distance apart. We therefore consider that the expending of money or labor upon said Town line to be totally unneces~ sary and not required for the public good. And your petitioners as in duty bound will ever pray. George Durdle Andrew Warwick Edwin Culver John McLachlan John Learn Peter Charlton Robert Michael William W. Charlton Wm. Michael Robert B. Charlton Wm. Luton James Warwick Wm. House Frederick White Lyman W. Learn Frederick Carter Samuel Irwin Charles W. Cloes Wm. Appleford Daniel Luton James Kenney G. W. Michael Michael Shaw George Simmons Wm. Charlton Samuel Warwick Daniel McGregor Victor Caughell Benjamin Wilson L. Luton P. H. Learn Received, read in Council 15 June 1859 (Cont'd) Page 5 74 By-Law No PETITION OF JOHN LEARN AND EDWIN CULVER YARMOUTH 1 May 1859 To the County Council of the County of Elgin the petition of John Learn and Edwin Culver of the Town- ship of Yarmouth humbly sheweth that a publick road has been made through our land, that is to say, through lots No. 18 and 19 in the lOth concession of Yarmouth, and occupied by the publick as a highway instead of the town line betwixt Yarmouth and South Dorchester said town line being unfit for a publick road. As your petitioners have never received any remuneration for the land oc- cupied by said road we would therefore pray that your Council would grant us such a sum or sums as would indemnify us for the loss we have sustained on account of said road running through our property or your peti- tioners would be willing to accept of the Town line ad- joining our respective properties or so much whereof as is not required for publick use And your petitioners as in duty bound will ever pray. Edwin Culver John Learn x x