Loading...
297 COUNTY OF ELGIN By-Law No. 297 TO ESTABLISH A LOCK UP HOUSE IN THE VILLAGE OF PORT STANLEY." Passed 21 June 1877 WHEREAS by the 351 Section of the Municipal In- stitutions Act of 1873, County Councils are authorized to pass By-Laws to establish and maintain Lock Up Houses within the County and provide for the salary or fees to be paid to the Constable to be placed in charge of such Lock Up Houses and direct the payment of the salary out of the funds of the County. AND WHEREAS a Lock Up House has been erected in the Village of Port Stanley BE IT THEREFORE enacted by the Corporation of the County of Elgin in County Council assembled That the Lock Up House erected in the Village of Port Stanley be established as a place of confinement and detention of criminals. And that the sum of forty dollars be paid annually to the Constable in charge thereof. Samuel Day Warden County of Elgin St. Thomas - County of Elgin 21st June 1877 William McKay Clerk Read a first time 21 June 1877. Read a second time 21 June 1877. Read a third time and finally passed 21 June 1877. Certified - William McKay Clerk By-Law No 296 Page 2 TOWNSHIP OF SOUTHWOLD By-Law No. 242 "BY-LAW TO ALTER AND DIVERT A CERTAIN PORTION OF THE PUBLIC HIGHWAY OR ALLOWANCE FOR ROAD CALLED AND KNOWN AS THE ROUTH ROAD IN THE TOWNSHIP OF SOUTHWOLD IN THE COUNTY OF ELGIN AND TO STOP UP PERMANENTLY AND SELL AND CONVEY UNTO THE GREAT WESTERN RAILWAY COMPANY FOR THE PURPOSES OF THE CANADA AIR LINE BRANCH OF THEIR RAILWAY A CERTAIN PORTION OF THE SAID PUBLIC HIGHWAY OR ALLOWANCE FOR ROAD CALLED AND KNOWN AS THE ROUTH ROAD AND FURTHER TO OPEN UP A CERTAIN PORTION OF LOT NUMBER FOUR ON P. L. L. McWILLIAMS PLAN OF THE ROUTH ES~ATE IN THE SAID TOWNSHIP TO BE USED AS A PUBLIC HIGHWAY IN LIEU AND AS A DIVERSION OF SUCH PORTION OF THE SAID ROUTH ROAD SO PROPOSED TO BE STOPPED UP AND SOLD." WHEREAS by "The Act respecting Municipal Institu- tions in the Province of Ontario", the Council of any Town- ship may pass By-Laws for altering, diverting or stopping up any allowance for road or public highway within the Juris- diction of such Council and for selling the same to the owners of any adjoining land and in case such owners refuse to because the purchasers at such price as the Council thinks reasonable there for the sale thereof to any other person for the same or a greater price subject to the provisions of the four hundred and twenty-fourth section of the said Act relative to notice of such By-Laws as hereinafter expressed. AND WHEREAS the Great Western Railway Company in crossing the allowance for road or public highway called and known as the Routh Road in the Township of Southwold in the County of Elgin have occupied a certain portion of the same for the purposes of the Canada Air Line Branch of their Rail- way containing by admeasurement eight tenths of an acre more or less as hereinafter more particularly described. (Cont' d) By-Law No. 296 Page 3 TOWNSHIP OF SOUTHWOLD By-Law No. 242 AND WHEREAS a portion of lot number four on P. L. L. McWilliams plan of the Routh Estate in the said Township of Southwold containing by admeasurement one acre more or less as hereinafter more particularly des- cribed, has been acquired, laid out and dedicated as and for a public highway in lieu of the said portion of the allowance for road or public highway called and known as the Routh Road so occupied by the said Railway Company for the purposes of the Canada Air Line Branch of their Railway . AND WHEREAS the said Railway Company have peti- tioned the Corporation of the Township of Southwold to confirm and approve of such occupation of the said por- tion of the Routh Road and to pass a By-Law for the stop- ping up, alteration, diversion, sale and opening as afore- said which the said Corporation have agreed to do more especially as such alteration and diversion will be of great advantage to the Public crossing the said Railway. AND WHEREAS all proper notices have been pub- lished and posted up as required in such cases by the said Act respecting Municipal Institutions. AND WHEREAS no person has petitioned or appeared in person or by Councilor Attorney or otherwise to be heard in respect of or against this By-Law. IT IS THEREFORE enacted by the Corporation of the Township of Southwold in Council assembled as follows FIRST - That that' portion of the allowance for road or public highway called and known as the Routh Road in the said Township of Southwold which may be described as follows namely - All that portion of the road known as the Routh Road in the said Township of Southwold which lies between and is terminated at its southerly limit by the road allow- ance between the first and Broken Front concessions and at its northerly limit by a line drawn upon the northerly side of the centre line of the Canada Air Line Branch of the said Railway parallel thereto and distant ninety-nine feet from said centre line and containing by admeasurement eight tenths of an acre more or less, be and the same is hereby stopped up (Cont'd) 296 By-Law No 4 Page TOWNSHIP OF SOUTHWOLD 242 SECOND - That sale of such portion of the said Routh Road as described in the last preceding clause of this By-Law be made into the Great Western Railway Co~pany who are parties, owners of lands next adjoining such por- tions thereof so permanently stopped up for the sum of one dollar which the said Council thinks a reasonable price therefore and in case of its refusal of the said Railway Company to because the purchasers thereof then to any other person for the same or a greater price as may be agreed upon By-Law No THIRD - That the occupation by the said The Great Western Railway Company of that portion of the said Routh Road as described in the first clause of this By-Law is here- by approved and confirmed. FOURTH - That the Reeve be and he is hereby author- ized to execute and deliver in the name and on behalf of the said Corporation any deed or deeds in fee simple necessary or proper for the conveyance of the said lands to the pur- chaser. That that portion of land that is to say All that parcel of land and premises in the said Township of Southwold containing by admeasurement one acre more or less being part of lot number four on P. L. L. McWilliams plan of the Routh Estate and may be described as follows - FIFTH Commencing at the intersection of the north east side of the Routh Road with a line drawn upon the northerly side of the original centre line of the Canada Air Line Branch of the said Railway parallel thereto and distant one hundred and forty-nine feet from said centre line; thence easterly parallel with the aforesaid Branch Railway and always at the distance of one hundred and forty-nine feet from said centre line nine hundred and thirty feet more or less north west side of the road allowance between the first and broken front concessions; thence south westerly along the said north wést side of said last mentioned road allow- ance to a point ninety-nine feet northerly from the said centre line (measured at right angles therewith); thence westerly parallel with said centre line and always at the distance of ninety-nine feet there from eight hundred and thirty feet more or less to the northeast side of the Routh Road; thence north westerly along said Routh Road to the place beginning which has been acquired, opened, laid out and dedicated as a pUblic highway is declared to be a public highway in lieu of that portion of the said Routh Road so permanently stopped up and as such shall enure for the use and benefit of Her Majesty and all her liege subjects to the same extent as that portion of the said Routh Road hereby (Cont'd) By-Law No. 296 Page 5 TOWNSHIP OF SOUTHWOLD By-Law No. 242 permanently stopped up was originally capable of being used before being stopped up. That the said Railway Company shall grade the said new portion of road and gravel it to a width of twelve feet to the satisfaction of the Pathmaster of the District in which the road is situated and that they shall make a fence on the north side of the said new portion of road or make an arrange- ment with the owner of that part of lot number four adjacent as to same. SIXTH - That the consent of the said Corporation is hereby given to the construction and maintenance of such newly opened portion of road or public highway in lieu of the old portion of the said Routh Road as stopped up of a width of fifty feet but not less. Provisionally Passed in Council this 4th day of December A. D. 1876 Samuel Tubby D. Brown Township Clerk Reeve And finally passed on the Ninth day of February 1877 (Cont'd) Page 6 I, Dugald Brown, a member of the Council of the Corporation of the Township of Southwold and I, Samuel Tubby, the Clerk of the said Council hereby cer- tify that the foregoing is a true copy of By-Law number two hundred and forty-two which was provisionally passed on the fourth day of December one thousand eight hundred and seventy-six by the said Council and that the Seal hereto affixed is the Seal of the said Corporation of the Township of Southwold. 296 By-Law No ninth. day of February 1877. Dated this Signed Reeve a Member of the Council of the Township of Southwold Brown D. Samuel Tubby Clerk of the Council of the Township of Southwold ninth day of February 1877 d) (Cont' And finally passed on the By-Law No. 296 Page 7 Fingal 1877 20th February, William McKay, Esquire st. Thomas Dear Sirs: I now enclose your By-Law No. 242 to open and convey a certain road allowance to the Great Western Railway Company. You will please have the same con- firmed by the County Council at its' next sitting. I am dear Sir Yours etc. Samuel TUbby M. C.