109
COUNTY OF ELGIN
By-Law No. 109
"TO CONFIRM BY-LAW NUMBER ¡61 OF THE MUNICIPALITY OF YARMOUTH
GRANTING CERTAIN ROAD ALLOWANCE TO DANIEL LUTON AND CHARLES
W. CLOSE."
Passed 17 June 1863.
WHEREAS By-Law Number 161 of the Municipälity of
Yarmouth was passed on the third day of November 1862, to
convey to Daniel Luton and Charles W. Close, a certain Road
allowance therein mentioned, Namely to Charles W. Close so
much of the original allowance as lies adjacent to his land
the North half of Lot Number seventeen in the range South of
the Edgeware Road; And to Daniel Luton so much of the origin-
al road allowance as lies adjacent to his land-viz to Lot
Number seventeen North of the Edgeware Road in the first
range.
AND enacting that the remainder of said allowance
may be sold at any time after due notice for the benefit of
the owners of Lot Number eighteen, South of the Edgeware
Road and of Lot Number 18 in the second range North of the
Edgeware Road.
BE IT THEREFORE enacted by the Council of the Cor-
poration of the County of Elgin under authority of the 343rd
Section of the Act 22nd Victoria Chapter 54 of the Consolid-
ated Statutes for Upper Canada.
AND IT IS HEREBY enacted by virtue thereof, that
By-Law Number 161 of the Corporation of Yarmouth be and that
the same is hereby confirmed and that this By-Law take effect
from and after passing thereof.
St. Thomas
17 June 1863
William McKay Daniel Luton
County Clerk Warden
Read a first time 17th June 1863
Certified Wm. McKay, Clerk.
Read a second time 17th June 1863
Certified W. McKay, Clerk.
Read a third time and f1nally passed, 17th June 1863
Certified W. McKay, Clerk.
See copy of By-Law No 161 of Yarmouth
(cont'd)
.---
109
By-Law No
Page 2
TOWNSHIP OF YARMOUTH
By-Law No. 161
III AND TO CONVEY TO DANIEL LUTON AND
TO CONFIRM BY-LAW NO
"
CLOSE A CERTAIN ORIGINAL ROAD ALLOWANCE
CHARLES W
Passed 3rd November 1862
WHEREAS doubts have arisen as to the sufficiency
of the Report laid before the Council in reference to the
Original Road Allowance lying between Lots sixteen and seven-
teen in the:Ranges North and South of the Edgeware Roads
part of which is conveyed to Daniel Luton and Charles W.
Close under the provisions of By-Law No. Ill.
AND WHEREAS there is now before this Council, the
Report of T. W. DObbie, Esquire a Provincial Land Surveyor,
in which he states that the present travelled Road is a good
one and that the parties through whose lands it is made, are
desirous of getting the Original Road Allowance in lieu of
the present travelled Road.
AND WHEREAS there is now before the Council a cert-
ified copy of the Original Report made by John Bostwick Esq.
Surveyor of Highways in favor óf establishing the said Road,
through Lots seventèen andréightéen, which Report was confirmed
in the General Court of Quarter Sessions of the Peace held in
and for the London District on the Eleventh day of July 1828
and registered according to law.
AND WHEREAS there is before this Council the Report
of a Special Committee of Council charged with a careful
personal examination of the Original Allowance for Roads ly-
ing between Lots sixteen and seventeen in the Ranges North
and South of the Edgeware Road, in which they state that a
large outlay of public money would be necessary to make the
said Original Allowance for a Road practicable for public
travel and would not thertbe necessary for the public accom-
modation and recommend that so much of the Original Allowance
for Road as is adjacent to the north half of Lot seventeen.
South of Edgeware Road and Lot seventeen in the First Range,
North of Edgeware Road be conveyed to C. W. Close and Daniel
Luton respectively.
AND THAT the remainder of the said Allowance be
sold for the benefit of the owner of Lot Number eighteen
South of and of the owner of Lot Number eighteen in the second
Range, North of Edgeware Road so soon as they shall have
(cont'd)
Page 3
109
By-Law No
the sale thereof being duly
made application for the same,
advertised as required by Law.
AND WHEREAS further there is before the Council
the petition of Lyman W. Learn and sixty other Ratepayers of
the Township, residing, the major part of them, in the immedi-
ate vicinity of the Road, praying that this Council should
dispose of the said Original Road Allowance, so as to remun-
erate those who have lost land by establishing the present
travelled Road and representing such an action as just and
right to all parties
THEREFORE this Council hereby convey to G. W. Close
so much of the Original Road Allowance as lies adjacent to
his lands-viz, the North half of Lot Number seventeen in the
Range South of theLEqgeware.Ro.âd and>.to DanieLLúto.n, so.
much o.f the Original Road Allo.wance as lies adjacent to his
land-viz, to Lot Number seventeen North of the Edgeware Road
in the first Range.
AND enact that the remainder of the said Allowance
may be sold at any time, after due notice for the benefit of
the owners o.f Lot Numer eighteen, South of the Edgeware Road
and of Lot Number eighteen in the second Range, North of the
Edgeware Road and hereby confirm the provisions of By-Law No.
111, gO far as the same relates to the conveyance of the Ori-
ginal Allowance to the above mentioned Daniel Luton and Charles
W. Close, and the same is hereby confirmed and the conveyance
fully established.
Daniel Luton
Deputy Reeve
Signed
Archibald McLachlin
Municipal Clerk
I hereby certify the above to be a true copy of By-Law No.
161 of the By-Laws of the Municipality of the Township of
Yarmo.uth passed in open Council on Monday, the third of
November, 1862
Archibald McLachlin
Municipal Clerk