099
'-
COUNTY OF ELGIN
99
By-Law No
TO ESTABLISH A NEW ROAD IN LIEU:DF;PART OF THE ORIGINAL
"
MALAHIDE
Passed 30th January 1862
A~LOWANCE BETWEEN THE TOWNSHIPS OF YARMOUTH AND
WHEREAS it has been reported to the Municipal
Council of the Corporation of the County of Elgin by
Charles Fraser, Esquire Provincial Land Surveyor that a
portion of the original allowance for Road between the
Townships of Yarmouth and Malahide adjoining the fourth
concession of the said Township of Yarmouth is intersected
by several large ravines which can be avoided by the open-
ing of a new Road in lieu of said Original allowance accord-
ing to the Plan of Survey and Report of the said Charles
Fraser which is hereunto annexed~
AND WHEREAS Thomas Backhouse and others have
petitioned the Council of the Corporation of the County
of Elgin for the opening of a new Road in lieu of said
Original allowance.
BE IT THEREFORE enacted by the Council of the
Corporation of the County of Elgin by virtue and under
authority of the Municipal Institutions Act for Upper
Canada.
THAT a new Road be opened and established across
the fourth concession of the Township of Yarmouth between
Lots number twenty-seven and twenty-eight in lieu of the
original allowance for Road between the said Townships of
Yarmouth and Malahide as ~ollows. That is to say: Com-
mencing in front of the said fourth concession of Yarmouth
in the limit between Lots number twenty-seven and twenty-
eight. Then North Jalong the limit between said Lots
number twenty-seven and twenty-eight, Seventy-nine chains
more or less to the allowance for Road between the fourth
and fifth concessions of Yarmouth.
THE Road to be one chain wide and the line on
the West side thereof as described and laid down in the
Report and Plan of Survey of the said Road made by Charles
Fraser, Esquire and hereunto annexed.
AND IT IS enacted that said line of Road be opened
and is hereby established as a public Road and that this
By-Law be in force and take effect from and after the date
of the passing theveof.
)
(cont'd
By-Law No 99 Page 2
Passed in Council the JOth
day of January A.D. 1862.
St. Thomas
30th January 1862
William McKay J. H. Jones
County Clerk Warden
Read a first time 30th January 1862.
Certified W. McKay, Clerk
Read a second time 30th January 1862.
Certified W. McKay, Clerk
Read a third time and passed 30th January 1862.
Certified W. McKay, Clerk.
Attached to By-Law No. 99 is a Provincial Land Surveryor's
Report with a map. Also typed copies of By-Law No. 99
and the Report
(cont'd)
Page J
99
By-Law No
THE
THE MUNICPAL COUNCIL OF
WARDEN AND MEMBERS OF
TO THE
"
ELGIN
OF
COUNTY
Gentlemen
In obedience to your order I beg leave to Report
that I have examined the ~riginal allowance for Road
between the Townships,of Yarmouth and Malahide across the
fourth concession of Yarmouth and find it to be intersected
by several ravines which will cause a very large outlay,
before a road can be made passable from the third to the
fifth concessions.
This however can be avoided by establishing a
new road across the fourth concession of Yarmouth in lieu
of the Qriginal allowance for road between Yarmouth and
Malahide as follows. That is to say: Commencing in front
of the fourth concession of Yarmouth in the limit between
Lots number twenty-seven and twenty-eight. Then'North
along the limit between said Lots numbers twenty-seven and
twenty-eight. Seventy-nine chains more or less to the
allowance for rQad between the fourth and fifth concessions
of Yarmouth
The Road to be one chain wide and the line on
the West side thereof.
The above road may be seen described on a rough
sketch annexed hereto is perfectly level and dry across
the concession with the exception of one small wet place
which can easily be drained, it being only a few rods
distant from a ravine, and I feel confident that if the
Council should see proper to establish it, it would afford
a very great accommddátiono to·the· pifblic.
With regard to the location of the line of road
I regret to say a serious difficulty has had to be encount-
ered owing to the boundary line between Lots twenty-seven
and twenty-eight being in dispute between the parties own-
ing them, but having ascertained the true Astronomical
bearing of the Townline governing this survey and the
v.ariations of the needle both at the Town Line and limit
between Lots twenty-seven and twenty-eight, and having
written to the Crown Land Department for the Field Notes
of this part of the Original Survey, I am in hopes very
shortly to be able to report the boundary question settled
to the satisfaction of all parties concerned.
)
(cont'd
All of which is most respectfully submitted by
By-Law No 99 Page 4
Gentlemen,
Your most obedient servant
Port Bruce ) Charles Fraser,
Nov. 18th 1861)
Provo Land Surveyor.
Province of Canada )
County of Elgin to Wit) I Charles Fraser of the Village
of Port Bruce in the County of Elgin a Provincial Land
Surveyor make oath and say that written notices of intended
application for establishing the above road were duly
posted up by me in six of the most conspicuous public
places in the immediate neighborhood of the said Road on
the fourteenth day of November instant, and also that the
resident owners of the land affected thereby have been
notified by me in writing to the same effect.
Charles Fraser
Provo Land Surveyor.
Sworn before me at Port Bruce
this 19th day of November 1861.
Amasa J,ewis, J. P.
Read in Council, 19th November 1861