Loading...
138 COUNTY OF ELGIN 1)8 By-Law No. THE COUNTY ROADS IN THE COUNTY OF ELGIN BE FOR RE~UIRING THAT IMPROVED AND MAINTAINED BY THE LOCAL MUNICIPALITIES OPENED " WITHIN THE COUNTY OF ELGIN ADJOINING SUCH COUNTY ROADS Passed 25 January 1866, WHEREAS it is deemed expedient that the CountyyRoads in the County of Elgin be opened, improved and maintained by the local Municipalities within said County. WHEREAS by the eighth subsection of the 342nd Sec- tion of the Municipal Institutions Act, Chapter 54 of the Consolidated Statutes for Upper Canada, power is given to the Council of every County to pass By-Laws for. requiring that the whole or any part of any County Road shall be opened, improved and maintained by any local Municipality within the County. AND WHEREAS the 339th Section of said Act recites that the County Council shall have exclusive jurisdiction over every Road or Bridge dividing different Townships, although such Road or Bridge may so deviate as in some places to be wholly or in part within one Township. BE IT THEREFORE enacted by the Council of the Cor- poration of the County of Elgin by virtue of the authority aforesaid AND IT IS HEREBY required that the whole of the County Roads and ~he Roads and Bridges dividing different Townships in the County of Elgin shall be opened, improved and maintained jointly by the local Municipalities within the said County adjoining said Roads, although such Roads or Bridges may so deviate as in some places to be wholly or in part within one Township subject nevertheless to the restrict- ions hereinafter contained. AND IT IS ALSO enacted by virtue of the 333rd Sect- ion of said Municipal Institutions Actj: that in case a person be in possession of any part of a Government Allowance for Road laid out adjoining his Lot and enclosed by a lawful fence and which has not been opened for public use by reason of another Road being used in lieu thereof, or in case a person be in possession of any Government Allowance for Road parallel or near to which a Road has been established by Law in lieu thereof, such person shall be deemed legally possessed there- of as against any private person until a By-Law has been pas- sed for opening such allowance for road by the Council having jurisdiction over the same (cont'd) Page 2 138 . By-Law No . AND IT IS ALSO enacted by virtue of the 334th Sec- tion of said Act, that no such By-Law sijall be passed until notice in writing has been given to the pßrson in possession at least eight days before the meeting of Council that an ap- plication will be made for opening such allowance. AND IT IS ALSO enacted that each of the local Munic- ipalities in the said County of Elgin are hereby required to provide for one half or an equal share of the cost of opening, improving and maintaining the County Roads and Bridges adjoin- ing said local Municipalities within the said County of Elgin. AND that in case either of the Councils of said locà1 Municipalities after one months notice omits to take part in the construction or repair of any such County Road or Bridge, the other of the Councils may make the improvement and recover said Municipalities omitting to take part in such work. AND IT IS ALSO enacted that this By-Law shall take effect and be in force from and after the twenty-fifth day of January A.D. 1866, and that a copy thereof be furnished to each of the Municipalities in the County. Passéd in Council the twenty-fifth day of January One Thousand Eight Hundred and Sixty-six. St. Thomas County of Elgin 25 January 1866 T, M. Nairn Warden County of Elgin William McKay County Clerk. Read a first time 25 January 1866 Certified William McKay, Clerk. Read a second time 25 January 1866 Certified William McKay, Clerk. Read a third time and finally passed, 25 January 1866 Certified William McK~, Clerk.