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1858 Minutes . . . . . . . . PROCEEDINGS OF THE ELGIN COUNTY COUNCIL . January 25, 1858 to November 10, 1860 . . . . . . . . . . . . . . - 287 - . (Elgin County Council Proceedings, 1852 - 1860) FIRST SESSION 1858 Monday the 25th January, 1858 The Municipal, Council of the County of Elgin met according to Law on the fourth Monday in January. , . . The following Gentlemen answered to their names and took their seats as Reeves and Deputy Reeves elected by the several Municipal Councils in the County, the neces- sary certificates having first been produced from the respective Municipal Clerks in favour of each of the said Gentlemen. . . Names Colin McDougald Peter Gow John Campbell Levi Fowler James Begg Andrew Miller James Armstrong Hugh Maginnis Isaac Chambers James P. Weaver Wm. A. Glover E. R. McCrady George Suffel Thomas Arkell . . . . Office Reeve Reeve Deputy Reeve Reeve Deputy Reeve Reeve Deputy Reeve Reeve Deputy Reeve Reeve Deputy Reeve Reeve Reeve Reeve Municipality Aldborough Dunwich Dunwich Southwold Southwold Yarmouth Yarmouth Malahide Malahide Bayham Bayham South Dorchester Vienna St. Thomas . . . . . The members present were called to order after which . Mr. McDougald, seconded by , adjourn for half ~n hour. The Council resumed after which that the Council . . Mr. McDougall, seconded by Mr. Millar moves that L. Fowler, Esquire be Warden of the County for the present year. . In amendment Mr. Weaver, seconded by Mr. Maginnis moves that Mr. McCrady be appointed Warden of the County of Elgin for the present year. . . . (Cont'd) . - 288 - . (Elgin County Council Proceedings, 1852 - 1860) Monday the 25th January, 1858 . . The amendment was lost and the original motion carried. . . The County Judge being present the oath of office was administered by him to Levi Fowle+, Esquire, Warden after which the Warden took the Chair. Mr. McDougald, seconded by Mr. Millar, moves that Standing Committees of Finance, Public Improvements and Education be appointed to consist of five members each. . . The following members were accordingly voted a Committee of Finanoe: Messrs. McDougald, Arkell, Suffel, Glover and McCrady. The following members were accordingly voted a Com- mittee on Education: Messrs. Millar, Glover, Suffel, McDougald, McCrady. . . The following members were voted a Committee on Public Improvements: Messrs. McCrady, Begg, Weaver, Millar, Suffel, after which '" ' The Warden nominated Mr. Claris one of the Auditors for the present year, after which Mr. McDougald, seconded by Mr. Weaver, moves that John McLean be appointed one of the County Auditors for the present year. In amendment, Mr. Suffel seconded by Mr. Arkell moves that William J. White be appointed one of the County Auditors. . . . . . The amendment was lost and the original motion carried. . The Warden intimated that the late Warden Randolph Johnson, Esquire was present and had expressed a desire to address the Council in reference to his account submitted to the previous Council. ' . . On motion Mr. Johnson addressed the Council. Mr. Howard, late Reeve of St. Thomas being present also addressed the Council in reference to Mr. Johnson's account, after which . (Cont'd) . . . . . - 289 - . (Elgin County Council Proceedings, 1852 - 1860) Monday the 25th January, 1858 . Mr. McDougald, seconded by Mr. Arkell, moves that the account of R. Johnson, Esquire late Warden and all matters connected therewith be referred to the Finance Committee. ' . . D. J. Hughes, Esquire, Chairman of Board of Trustees St. Thomas County Grammar School, submitted statement of scholars attending the Grammar School and addressed the Council in reference to the Educational matters of the County. Mr. Arkell, seconded by Mr. Glover, moves that D. J. Hughes, Esquire and the Revd. Mr. Caulfield be allowed to address this Council on the Educational interests of the County. Mr. Millar, seconded by Mr. McDougald moves that this Council adjourn till tomorrow morning at nine o~clock. . . . . . W. McKay Clerk Levi Fowler Warden . . . . . . . . . . (Cont'd) . . - 290 - . (Elgin County Council Proceedings, 1852 - 1860) . FIRST SESSION 1858 . Second Day Tuesday the 26th of January, 1858 . The Council met at nine o'clock forenoon. . The Warden in the Chair. . Members present . Messrs. McDougald Gow Campbell Begg Arkell Millar McCrady The proceedings of the previous day were read and authorized to be signed. Armstrong Maginnis Chambers Weaver Glover Suffel . . . The following communications were read: . From the Revd. E. Sheppard in reference to the Office of Local Superintendent of Common Schools for the East Riding of the County. ' From the Board of Public Instruction,Western Division, County of Elgin. From David Christie Esquire, M.P. with draft of Petition to the Honorable the Assembly of the State of New York in reference to the Inter- national Bridge Act. From the Crown Lands Office with official list of Provincial Land Surveyors for Upper Canada. From George Henry in reference to the order issued for the opening road allowance in Aldborough. Fromthe Warden submitted a Report from the County Treasurer with statements of the financial affairs of the County. . . . . . . . . The Warden also submitted communication from J. H. L. Begg, Esquire in reference to the office of Trus- tee of the St. Thomas County Grammar School. (Cont'd) . . . . - 291 - . (Elgin County Council Proceedings, 1852 - 1860) Tuesday the 26th day of January, 1858 . Mr. McDougald, seconded by Mr. Begg moves that the statements and report of the County Treasurer be sub- mitted to the Finance Committee. . . Mr. McDougald, seconded by Mr. Armstrong moves that the communication in reference to the International Bridge Act be referred to a Special Committee of three members and that Messrs. Arkell, Weaver and Begg be said commit- tee and that they report at this session of Council, after which . . Mr. McDougald, seconded by Mr. McCrady moves that A. McLachlin be appointed SUPerintendent of Common School for the West Riding of the County. Mr. Arkell, seconded by Mr. Suffel moves that the Revd. Thomas Facer and the Revd. D. W. Rowland be appointed Trustees of the St. Thomas County Grammar School with term of office for four years. . Mr. Suffel, seconded by Mr. Glover, moves that Simon Newcomb and John P. McDonald be appointed Trustees of the Vienna Grammar School to fill the place of those whose term of office ex~ires. . Mr. Begg, seconded by Mr. McDougald moves that Messrs. McNiesh and Robb be reappointed Trustees of the Fingal Grammar School. . . . . . . Mr. McCrady, seconded by Mr. Maginnis moves that the Auditors statement of receipts and disbursements of the County for 1857 be published in sheets and that 1,500 copies be printed for distribution throughout the several Municipalities. Mr. Millar seconded by Mr. Chambers moves that a committee on printing be appointed, composed of the fol- lowing members: Messrs. Arkell, Armstrong and Begg. In amendment Mr. McCrady seconded by Mr. Suffel moves that the Clerk be authorized to receive tenders for the printing required by this Council and te give the same to the lowest applicant. . . . . . Original motion lost, amendment carried. . Mr. McDougald, seconded by Mr. Begg moves that the Clerk be authorized to procure the necessary supply of (Cont'd) . . . . - 292 - (Elgin County Council Proceedings, 1852 - 1860) Tuesday the 26th day of January, 1858 . . Assessment and Collectors Rolls and slips required by the Municipalities for the present year and that a bound copy of the Rolls be procured for each Municipaiity. On motion the Council adjourned till one o'clock afternoon. . . The Council met according to adjournment. The Chairman of Special Committee appointed to report on the Communication from D. Christie Esquire, presented report which was read, after which . . Mr. Glover, seconded by Mr. Suffel moves that the Report of the Special Committee appointed to consider the expediency of adopting a petition to the Legislature of the State of New York regarding the International Bridge Act be adopted and that the Warden be authorized to sign a pe~ition on hehalf of this Council in reference to the same to be forwarded to D. Christie Esquire, "M.P., after which . . . . Mr. McDougald, seconded by Mr. Millar moves that the Treasurer be requested by the Warden to furnish each Tovrnship Treasurer by the 15th day of May with an account of the receipts and payments to each Township on account of arrears of taxes and also a statement'of amounts due to the several Townships on account of Wild Land Taxes in accordance with"the Act. 16, Vic. Chap. 182, Section 51. Mr. McCrady, seconded by Mr. Glover moves that this Council do adjourn until tomorrow morning so that the Committees and Finance and Education may attend to their respective duties. . . . . W. McKay Clerk Levi Fowler Warden . . . (Cont'd) . . . . . - 293 - . . (Elgin County Council Proceedings, 1852 - 1860) FIRST SESSION 1858 Third Day . Wednesday the 27th day of January, 1858 The Council met at 9 o'clock. The Warden in the Chair. . . . Members_present . Messrs. McDougald Gow Campbell Begg Arkell Millar McCrady The proceedings of the previous day were read and authorized to be signed. Armstrong Maginnis Chambers Weaver Glover Suffel . . . . The proceedings of the last day of the late Council were also read and signed, after which Mr. McCrady, seconded by Mr. Glover moves that the Clerk be instructed to lay before this Council all papers and Bonds connected with the Lease of the Gravel Road to Mr. Hepburn, also a statement of his liabilities to the County. Mr. Arkell, seconded by Mr. Campbell, moves that it is desirable. the Warden should attend the meetings of the Board of Directors of the London and Port Stanley Railway Company. Mr. McDougald, seconded by Mr. Arkell moves that the Warden be authorized to Petition the Legislature at its next session to amend the Assessment Act of 1853 so far as it relates to the payments of arrears of taxes so that all lands two years in arrears be liable to sale in place of five years as mentioned in said Act, and that the Clerk do communicate with other Councils on the subject of said Petition. . . . . . . . The yeas and nays being demanded were taken down as follows: . Yeas: Messrs. Begg, McDougald, Arkell, Campbell, Maginnis, Gow and McCrady - 7 . (Cont'd) . . - 294 - . (Elgin County Council Proceedings, 1852 - 1860) Wednesday the 27th day of January, 1858 . . Nays: Messrs. Weaver, Chambers, Millar, Armstrong, Suffel and Glover - 6 . . Motion carried by a majority of one Mr. McDougald, seconded by Mr. McCrady moves that the Council Petition the Government drawing their attention to the recommendation of this Council in June last with respect to the'Office of County Attorney urging the Government to appoint E. Horton, Esquire to said Office. Motion lost, after which . . Mr. McDougald, seconded by Mr. McCrady moves that the twenty-third rule of this Council be suspended so far as it relates to the previous motion and that said motion be not entered on the Journals. The yeas and nays being called for on said motion were taken down as follows: . . . Yeas: Messrs. McDougald, Begg, Chambers, Maginnis, Glover and McCrady - 6 . Nays: Messrs. Weaver, Millar, Armstrong, Arkell, Campbell, Gow and Suffel -7 Motion lost by a majority of one after which . . Mr. Weaver seconded by Mr. Chambers moves that the County Auditors be authorized to audit and report on the School accounts of the County Treasurer and other officers to whom School monies are intrusted. . . Mr. McCrady, seconded by Mr. Glover moves that this Council adjourn so that the Standing Committee on Educa- tion may be enabled to sit and meet again at two o'clock. . Council resumed, after which . The Chairman of Standing Committee'on Education sub- mitted Report which was read, after which Mr. Weaver, seconded by Mr. Chambers moves that this Council go into Committee of the whole on the Report of the Committee on Education. . . (Cont'd) . . . . - 295 - . (Elgin County Council Proceedings, 1852 - 1860) Wednesday the 27th day of January, 1858 . The County Council was accordingly put into Committee of the whole on said Report. Mr. Weaver in the Chair. The Council resumed. . . The Chairman reported the adoption of the Report of Committee on Education with an amendment as follows: . . That four hundred dollars be appropriated to the St. Thomas Grammar School and one hundred dollars to the Vienna Grammar School, after which Mr. Arkell, seconded by Mr. Suffel moves that the Report of Education Committee be received and adopted as amended by Committee of the whole. In amendment Mr. McDougald, seconded by Mr. Gow meves that the Report of the Education Committee be so amended that the sum of $320 be granted to the St. Thomas Grammar School and $40 to the Vienna Grammar School. The amendment was lost and the original motion carried. . . . . . The yeas and nays being called for were taken down on the amendment as follows: Yeas: Messrs. McDougald and Gow - 2 . . Nays: Messrs. Weaver, Chambers, Millar, Armstrong, Begg, Arkell, Campbell, Maginnis, Suffel and Glover - 10 . On the question of adopting the original motion the yeas and nays being called for on the same were taken down as follows: . Yeas: Messrs. Weaver, Chambers, Armstrong, Begg, Arkell, Campbell, Suffel and Glover - 8 . Nays: Messrs. Millar, McDougald, lf~ginnis, Gow, and McCrady - 5 . Original motion carried by a majority of 3 . (Cont'd) . . . - 296 - . (Elgin County Council Proceedings, 1852 - 1860) Wednesday the 27th day of January 1858 . . Mr. Arkell, seconded by Mr.Campbell moves that a By-Law be drawn up and submitted in accordance with said report. . . Mr. McDougald, seconded by Mr. Arkell moves that the sum of one hundred dollars be granted towards the improve- ment of the line between the Counties of Kent and Elgin and a like sum towards general improvements in St. Thomas. . The yeas and nays being called for were taken down as follows: Yeas: Messrs. Arkell and McDougald - 2 . . Nays: Messrs. Weaver, Chambers, Armstrong. Begg, Campbell. Maginnis, Gow, Glover and McCrady - 9 . Motion lost by a majority of 7 Mr. McDougald, seconded by Mr. Begg moves that Mr. Weaver be appointed on the Finance Committee in place of Mr. Suffel who has leave of absence and that this Council adjourn till ten o'clock tomorrow morning. . . . William McKay Clerk Levi Fowler Warden . . . . . . . . (Cont'd) . . - 297 - . (Elgin County Council Proceedings, 1852 - 1860) FIRST SESSION 1858 . . Fourth Day Thursday 28th January, 1858 . The Council met at nine o'clock morning. The Warden in the Chair. . . Messrs. McDougald Gow Campbell Begg Arkell Millar McCrady The proceedings of the previous day were read and a~thorized to be signed, after which Members present Armstrong Maginnis Chambers Weaver Glover Suffel . . . . . The Warden laid before the Council a communication received from the Provincial Secretary's Office enclosing a Schedule of the Municipalities in the County. The Warden also submitted a communication from Dr. Hugh Wade in reference to Road Allowance. Mr. McDougald, seconded by Mr. Maginnis moves that this Council adjourn till one o'clock. . . Council resumed. . Mr. Weaver, seconded by Mr. McDougald moves that the application of Dr. Wade for a survey of Road Allowance be referred to the Councils of Yarmouth and Southwold. . Mr. Arkell, seconded by Mr. Gow moves that the Sheriff be authorized by this Council to make all useful improve- ments in the Court House and Gaol after consulting and obtaining the consent of the Clerk of this Council. Mr. Glover, Chairman of Standing Committee on Finance submitted Report. . . . On motion Report of Finance Committee was read, after which (Cont'd) . . . . - 298 - . (Elgin County Council Proceedings, 1852 -'1860) 28th January 1858 . . Mr. Arkell, seconded by Mr. Gow, moves that this Council go into Committee of the whole on Finance Report. The Council went into Committee of the whole. . Mr. Millar in the Chair. . Council resumed. . The Chairman reported the adoption of the Finance Report without amendment, after which . Mr. Arkell, seconded by Mr. Begg moves that the Report of the Finance Committee be received and adopted without amendment. . . Mr. Arkell. seconded by Mr. McDougald moves that the Clerk of this Council address a circular to the Treasurer of each Municipality requesting the immediate payment of the amounts due to the County. Mr. McDougald. seconded by Mr. Armstrong moves that all accounts connected with the administration of Justice Criminal for the County be submitted to the Quarter Sessions for the purpose of being paid by the Government and that said accounts be rendered in such manner that those of Justice Criminal be properly distinguished from those not criminal and that the Reeves and Deputy Reeves be requested to attend the Quarter Sessions. . . . . The Clerk submitted a draft of By-Law Number 52, in reference to the appointment of Trustees for the County Grammar Schools, Local Superintendents of Common'Schools' sub- Treasurers of School monies and to provide for the support of the County Grammar Schools. Mr. Arkell, seconded by Mr. Gow moves that By-Law No. 52 be read a first time. . . . Mr. Weaver" seconded by Mr. Chambers moves that By-Law' No. 52 be read a second time, after which . Mr. Arkell, seconded by Mr. Gow moves that By-Law No. 52 be read a third time and do finally pass. . The yeas and nays being called for on said motion were taken down as follows: . (Cont'd) . . . . - 299 - (Elgin County Council Proceedings, 1852 -'1860) 28th January 1858 . . Yeas: Messrs. Weaver, Chambers, Armstrong, Begg, Arkell, Gow, Campbell, Suffel and Glover = 9 . Nays: Messrs. Millar, McDougald, Maginnis and McCrady = 4 . Motion carried by a majority of 5. In compliance with an order of Council the Clerk submitted ~~. Hepburns Bond and Lease of the London and Port Stanley Gravel Road, which were read, after which . . Mr. McD ougl ad , seconded by Mr. Arkell moves that as complaint has been made to this Council of the dangerous state of the bridge at Blackwoods Mill Pond on the Port Stanley Gravel Road, Mr Hepburns attention be called to the same. . . Mr. McDougald, seconded by Mr. Arkell moves that the Warden be and is hereby authorized to negociate a loan to meet the liabilities falling due against the County should he deem it necessary to do so. Mr. McCrady, seconded by Mr. Glover moves that the Clerk be instructed to draft petitions to the Legislative Assembly of the Province, praying the abolition of imprisonment for debt and also the repeal of the Act 16th Vic.Chap. 80 in reference to the usury Laws. that the Warden be authorized to sign said petition on behalf of this Council and attach the Corporate Seal thereto and that the Warden intrust said petitions to Messrs. Burwell and Macbeth, the members of Parliament for the East and West Ridings of the County for presentation to the Legislature. Mr. McCrady, seconded by Mr. Weaver moves that the Clerk draft a petition to Parliament and the Warden be authorized to sign the same on behalf of this Council and attach the Corporate Seal thereto praying, that the Assessment Act of 1853 may be so amended that the scale regulating the number of days Statute Labour to be performed by each individual assessed, be a fixed sum or amount of assessment for each days Statute Labour to be performed or commuted for so that persons assessed for a large amoun~ of property shall be, liable for an equal number of days in proportion to that of an indivdual assessed for a smaller amount of property. . . . . . . . . . . On motion of Mr. McDougald, seconded by Mr. Arkell -- The Warden was authorized to sign draft for members wages and the Council adjourned to meet again on Tuesday the fifteenth day of June next. . William McKay Clerk Levi Fowler Warden . (Cont'd) . - 300 - . (Elgin County Council Proceedings, 1852 - 1860) . ,SECOND SESSION 1858 . Special Meeting Thursday the 4th day of March 1858 . . The Council met at twelve o'clock noon pursuant to notice given by order of the Warden for a Special Meeting to appoint a Special Committee to meet and confer with the Government Inspectors of Prisons. . The Warden in the Chair. Members present . Messrs. McDougald Weaver Armstrong Begg Glover Miller Chambers Arkell Suffel McCrady . . The proceedings of the last day of the previous Session were read and authorized to be signed, after which The Warden addressed the Council. . . The following communications were then read. From the Provincial Secretary in reference to Acts regarding the appointment of a Special Committee to confer with the Inspectors of Prisons when they visit this County. From the Department of Public Works to ascertain whether or not this Municipality would be willing to assume the Port Stanley Harbour. Petition from the Union Road Company of Southwold for an extension of time to complete said road. From the Council of the Municipality of Yarmouth in reference to the amounts subscribed towards the Patriotic Fund. . . . . . . Mr. McCrady, seconded by Mr. Arkell moves that the Clerk be instructed to read the clause in the Act in reference to a Special Meeting being called for the purpose of appointing a Special Committee to meet and confer with the Government Inspectors of Prisons. . . The Clerk read several clauses in the Act 20th Victoria, Chapter 28, after which . (Cont'd) . . . - 301 - (Elgin County Council Proceedings, 1852 - 1860) . Special Meeting 4th March 1858 . . . Mr. Glover, seconded by Mr. Suffel moves that Messrs. McCrady, Miller and Weaver be a Special Committee appointed by this Council to meet and confer with the Government Inspector of Prisons where they visit this County. In amendment, Mr. McDougald, seconded by Mr. Begg moves that the Warden, Messrs. Miller and McCrady be a Special Committee to meet the Inspetors of Prisons. Amendment carried and original motion lost. Mr. Suffel, seconded by Mr. Glover moves that the Council go into Committee of the whole on the communication received from the Board of Public Work, regarding the Port Stanley Harbour. . . . . The Council in Committee of the whole . Mr. Weaver in the Chair. The Council resumed. . The Chairman reported the adoption of the following report by the Committee of the whole, namely . . That in reference to the communication received from the Department of Public Works to ascertain whether or not this Council would be willing to assume the Port Stanley Harbour maintain it in an efficient state of repair and settle all claims for damages that may be connected therewith. This Council although fully aware of the great importance of the Harbour to this County deems it advisable to decline the responsibility of assuming said works and that the Warden do communicate with the Board of Works to that effect. . . On motion the said report of the Committee of the whole was adopted by t~e Council without amendment. Mr. McDougald, seconded by Mr. Armstrong moves that the Auditors Report be received and read. Report read by the Clerk, after which Mr. McDougald, seconded by Mr. McCrady moves that the Treasurer be requested to appear before this Council to make certain explanations connected with his duties as Treasurer. . . . . . . (Cont'd) . - 302 - . (Elgin County Council Proceedings, 1852 - 1866) . Special Meeting 4th March 1858 . Mr. McDougald, seconded by Mr. McCrady moves that this Council go into Committee of the whole on the Auditors Report. The Council in Committee of the whole . Mr. Suffel in the Chair . . The Council resumed. . The Chairman reported the adoption of the Auditors Report which was confirmed by the Council, after which Mr. Chambers, seconded by Mr. Miller moves that Mr. Timlin be heard in regard to work done by him on the Townline between Malahide and Yarmouth. . Mr. Timlin addressed the Council, after which . _ Mr. McCrady, seconded by Mr. Suffel moves that By-Laws Numbers 28 and 29 heretofore passed by this Council to take stock in the Amherstburgh and St. Thomas Railway and in a line of Railway from St. Thomas to the TownShip of Berties on the credit of the Municipal loan fund, be repealed. In amendment, Mr. McDougald, seconded by Mr. Begg moves that By-Laws No. 28 and 29 referred to in the previous motion be not repealed and that the subject be laid over until this Council be called upon to subscribe for stock in the Southern Railway. The yeas and nays being called for on the amendment were taken down as follows: . . . . . Yeas: Messrs. McDougald, Armstrong, Begg, Miller and Arkell = 5 . Nays: Messrs. Glover, Suffel, McCrady, Chambers, and Weaver = 5 The amendment was carried by casting vote of the Warden, after which . . Mr. McCrady, seconded by Mr. Glover moves that the Clerk be instructed to draft and the Warden sign a petition on behalf of this Council to be presented to the Legislature praying that the Jury Law may be so amended that a majority of a Jury empanelled may be sufficient to give a verdict without the consent of the whole, as the Law now stands. . . . (Cont'd) . . - 303 - . (Elgin County Council Proceedings, 1852 -'1860) . Special Meeting 4th March 1858 . after which . . Dtr. McDougald, seconded by Thomas Arkell moves that the sum of fifty pounds be granted toward the repair of the Wards- ville Bridge and a similar sum to the bridge across the boundary between St. Thomas and Southwold, motion lost. The yeas and nays being demanded were taken down as follows: . Yeas: Messrs. McDougald, Arkell and Begg = 3 . Nays: Messrs. Weaver, Armstrong, Miller, Chamber, . McCrady, Suffel and Glover = 7 Motion lost by a majority of 4. . Mr. McDougald, seconded by Mr. Armstrong moves that the application of the Directors of the Union Road Company for a further extension of time till the 16th of June 1859, to complete said road be granted in accordance with the Act 13 and 14 Victoria Chapter 64, Sec. 4th and that a By-Law be submitted accordingly. Mr. McDougald, seconded by Mr. Arkell moves that the sum of fifty pounds be appropriated to each Municipality in the County to be expended on Township and County lines. . . . Motion lost. . Mr. McDougald, seconded by Mr. Weaver moves that the Treasurer issue his warrant to the Sheriff forthwith re- quiring him to advertise and sell the Wild Land five years in arrears for taxes as reported to this Council at last Session and that the Sheriff be requested to dispose of said land as soon as the statute will permit. The Clerk submitted By-Law Number 53 to extend the time for the completion of the Union Road. Mr. McDougald, seconded by Mr. Weaver moves that By-Law Number 53 be read a first time. . . . . . Mr. Armstrong, seconded by Mr. Miller moves that By-Law Number 53 by read a second time. . . (Cont'd) . . . - 304 - (Elgin County Council Proceedings, 1852 --1860) . Special Meeting 14th March 1858 . Mr. Arkell, seconded by ~tr. Armstrong moves that By-Law Number 53 be read 'a third time and finally passed. On motion of Mr. McDougald the Warden was authorized to sign draft for members wages. Mr. Burke presented account for printing assessment slips, amounting to the sum of E5.10, which was ordered to be paid, after which . . . . Mr. Weaver, seconded by Mr. McDougald moves that this Council do now adjourn to meet again on the fifteenth day of June in accordance with a previous adjournment. . William McKay Clerk Levi Fowler Warden . . . . . . . . . . . (Cont'd) . . . - 305 - . (Elgin County Council Proceedings, 1852 - 1860) THIRD SESSION 1858 . . Special Meeting Wednesday the 17th day of March 1858 . . The Council met at 12 o'clock noon pursuant to notice given by order of the Warden for a Special Meeting to take into consideration the state of the account of the County Treasurer. . The Warden in the Chair. . The proceedings of the previous Session were read and authorized to be signed, after which The Warden addressed the Council. . Members present . Messrs. McDougald Campbell Suffel Chambers Miller Gow McCrady Armstrong Glover Begg Arkell . . The Clerk submitted communication from L. Burwell Esquire, Member of Parliament for the East Riding of the County, acknowledging receipt of two petitions of this Council and also enclosing copy of the votes and proceedings of the House of Assembly, shewing that the four petitions of this Council which were intrusted Messrs. Burwell and Macbeth had been presented to the Legislature. The Auditors submitted report and statements in reference to the defalcation of the Treasurer. . . . . The Clerk read Auditors Report, after which Mr. Arkell, seconded by Mr. Campbell moves that the Auditors Report and Statement be referred to the Finance Committee. Mr. Arkell, seconded by Mr. Suffel moves that the securities of the Treasurer be allowed to present 'a statement and make explanations to this Council. . . . The Treasurer's securities submitted statement which was read and referred to Finance Committee, after which . . (Cont'd) . . . - 306 - (Elgin County Council Proceedings, 1852 - 1860) Special Meeting . 17th March 1858 . Mr. McCrady, seconded by Mr. Glover moves that no application for the office of Treasurer be received until said applicants produce the names of five solvent individuals approved of by this Council who are willing to become security in the sum of fifty thousand dollars for the due fulfillm~nt ' of the duties of said office and that the subject be taken into consideration tomorrow. . . . . Mr. Arkell, seconded by Mr. Gow moves that the County Treasurer refund to the Treasurers of each Township the amount subscribed towards the Patriotic Fund for the purpose of being retuned to the parties who paid the same. On motion of Mr. McDougald, seconded by.Mr. McCrady, the Council adjourned to meet again at nine o'clock tomorrow morning. . . William McKay Clerk Levi Fowler Warden . . . . . . . . . . (Cont'd) . . . - 307 - . (Elgin County Council Proceedings, 1852 - 1860) THIRD SESSION 1858 . Special Meeting . Second Day . Thursday the 18th day of March 1858 . The Council met at nine o'clock according to adjourn- ment. . The Warden in the Chair. . Messrs. McDougald McCrady Miller Armstrong Begg and Arkell Members present Chambers Campbell Gow Suffel Glover . . . . The proceedings of yesterday were read and authorized to be signed. The Warden submitted a communication from the Auditors referring to a further defalcation of the late Treasurer. . The Warden also submitted a communication from G. T. Claris, with the names of five persons as securities for him in the office of Treasurer, provided his name be brought forward, after which . . Mr. McDougald, seconded by Mr. Arkell moves that Henry Black be dismissed from the office of Treasurer of this County. The Chairman of Finance Committee submitted report, which was read, after which . . . Mr. McDougald, seconded by Mr. Miller moves that the Council go into Committee of the whole on the report of Finance Committee. . The Council were put into Committee of the whole . Mr. McDougald in the Chair. The Council resumed. . . (Cont'd) . . - 308 - . (Elgin County Council Proceedings, 1852 - 1860) Thursday the 18th day of March 1858 . . The Chairman reported that the Committee of the whole had adopted the Report of the Finance Committee without amendment" after which Mr. McDougald, seconded by Mr. Miller moves that the Report of the Finance Committee be adopted. Moved by Mr. Suffel, seconded by Mr. Glover moves that the Warden appoint a Committee of five members of this Council to confer with the securities of the 'late Treasurer and report to this Council at two o'clock afternoon. . . . . The Warden named Messrs. Arkell, McDougald, SUffel, Armstrong, and Begg to be said Committee. Mr. McCrady, seconded by Mr. Glover moves that this Council do adjourn till two o'clock afternoon. The Council met at two o'clock afternoon. . . . The Chairman of the Special Committee appointed to confer with the sureties of the late Treasurer submitted report which was read . Mr. McCrady, seconded by Mr. Glover, moved that this Council go into Committee of the whole on the Report of the Committee appointed to confer with the securities of the late Treasurer. . The Council went into Committee of the whole. . Mr. Miller in the Chair. . . The Council resumed. The Chairman of the Committee of the whole reported that the said Report be not adopted which was confirmed by the Council, after which Mr. Arkell, seconded by Mr. Begg moves that the offer made by the securities of the late Treasurer, Henry Black say eight thousand dollars be accepted by this Council. Motion lost. . . . . Mr. Suffel, seconded by Mr. Glover moves that the Warden be requested to demand from the sureties of Henry Black, late County Treasurer all'monies that are in default by said Henry Black, after which . (Cont'd) . . - 309 - . (Elgin County Council Proceedings, 1852 - 1860) . Thursday the 18th day of March 1858 . Mr. Suffel, seconded by Mr. Arkell moves that it is expedient for this Council to submit the matter to arbitra- tion in reference to the amount which the sureties of the late Treasurer are liable for provided the said sureties give satisfactory,security to this Council that they will pay the whole amount less any deduction that may be made by an arbitration and that in the meantime the sureties realize the property they have now in possession and pay over the amount so realized to the County Treasurer as soon as received, allowing nine months to realize the personal property and two years the Real Estate. . . . . Mr. Glover, seconded by Mr. Suffel, moves that the Warden be instructed to enter into Bonds on behalf of this County with the sureties of the late Treasurer to arbitrate all matters in dispute in reference to the defalcations of said Treasurer and that an agreement be entered into to that effect. . . . Mr. Miller, seconded by Mr. Arkell moves that this Council appoint Samuel Price Esquire as an arbitrator between the sureties of the late Treasurer, Henry Black and this Council. . In amendment, Mr. McCrady, seconded by Mr. Glover moves that this Council do appoint His Honour Judge Small of Middlesex to act as an arbitrator between the sureties of the late Treasurer, Henry Black and this Council. Amendment carried and original motion lost. Mr. Glover, seconded by Mr. Chambers, moves that in the event of Judge Small declining to act as arbitrator in the case between the sureties of the late Treasurer and this Council, the Warden be authorized on behalf of this Council to appoint another person in his stead. Mr. McDougald, seconded by Mr. Miller moves that the arbitrators appointed to arbitrate upon the matter in dis- pute between this Council and sureties of the late Treasurer do make their award on or before the fifteenth day of June next. . . . . . . . The Clerk read draft of an agreement to be entered into between this Council and sureties of the late Treasurer. . Mr. McCrady, seconded by Mr. Glover, moves that the Warden be authorized on behalf of this Council to sign the agreement just read referring the matter in dispute between this Council and the sureties of the late Treasurer and that this Council approve of the same, after which . (Cont'd) . . - 310 - . (Elgin County Council Proceedings, 1852 - 1860) Thursday the 18th day of March 1858 . . Mr. Glover, seconded by Mr. McCrady mqves that George T. Claris be appointed Treasurer of this County provided he can satisfy this Council that the parties named as his sureties are sufficient and responsible. . . On motion of Mr. McDougald, seconded by Mr. Miller the Council adjourned'till 9 o'clock tomorrow morning. . William McKay County Clerk Levi Fowler Warden . . . . . . . . . . . . . (Cont'd) . . . - 311 - . (Elgin County Council Proceedings, 1852 - 1860) THIRD SESSION 1858 . Special Meeting . Third Day Friday the 19th day of March, 1858 . The Council met at nine o'clock forenoon. . . The Warden in the Chair. Members present . Messrs. McDougald McCrady Campbell Gow Miller Arkell Chambers Suffel Glover Armstrong Begg . . The proceedings of the previous day were read and authorized to be signed, after ~hich Mr. SUffel, seconded by Mr. Glover, moves that the sureties offered by George T. Claris, 'County Treasurer namely John K. Labatt, Samuel Eccles, Edward Ermatinger, John Allworth and A. J. Allworthbe accepted by this Council and that they become 'bound to the County in the sum of forxy thousand dollars, after which Mr. McCrady, seconded by Mr. Glover moves that the County Treasurer be instructed to request the several Municipal Treasurers in the County to make a return to him of all wild lands in arrears for taxes and of all amounts due to the Municipalities from the County, as such wild land tax so as to acertain the full amount of the defal- cation of the late Treasurer in time for the arbitration. . . . . . . The Warden nominated W. J. White a County Auditor in place of G. T. Claris, appointed Treasurer. - , . . . Mr. Arkell, seconded by Mr. Armstrong moves that this Council authorize the Warden to deposit the County Funds in the bank with which he can make ,the best arrange- ment. . . Mr. Arkell, seconded by Mr. Miller moves that the sureties of the late Treasurer, Henry Black be allowed to have access to the County Books from this time until the arbitrators close their investigation. . (Cont'd) . . - 312 - . (Elgin County Council Proceedings, 1852 - 1860) Friday the 19th day of March, 1858 . . Mr. Glover, seconded by Mr. Chambers moves that the Treasurer be instructed to make up the Wild Land Tax Book and report to this, Council at the next sitting, the finan- cial state of that department. Mr. Glover submitted Petition to the Legislature recom- mending several amendments to the proposed new Municipal Bill which was read and laid on the table, after which Mr. Suffel, seconded by Mr. Glover moves that His Honor Judge Hughes be requested to address the Council in reference to the Petition now under consideration. . . . . His Honor Judge Hughes addressed the Council, after which . . Mr. Arkell, seconded by Mr. Armstrong moves that the thanks of this Council be tendered to His Honor Judge Hughes for the lucid and satisfactory statement made by him regarding the payment of the expenses of the admini- stration of Justice Criminal now paid by the County and which this Council are decidedly of opinion should be paid by the Government, after which ' Mr. W. A. Glover, seconded by Mr. McCrady moves that the Petition now before this Council recommending several amendments to the new Municipal Bill be approved of and the Warden be authorized to sign and seal the same on behalf of this Council and entrust the same to L. Burwell, Esquire for presentation to the Legislature. Mr. McCrady, seconded by Mr. Glover moves that the County Treasurer be authorized to claim from the'Government the proportion of money due to this County according to the third Section pf the Act 18th Victoria, Chapter 28 passed on the 30th May 1855 entitled "An Act to provide temporarily for the payment of Petty Jurors in Lower Canada and an equal sum to be allowed to Upper Canada". Mr. McCrady, seconded by Mr. Arkell moves that as the sum of ten thousand dollars will require to be pro- vided by way of a temporary loan to meet the liabilities of the County the Warden be requested to state for infor- mation of the Council what rate of interest will be re- quired on said loan. . . . . . . . . . (Cont'd) . . . . - 313 - . (Elgin County Council Proceedings, 1852 - 1860) . Friday the 19th day of March, 1858 . . The-Warden stated to the Council that in all proba- bility ten percent would be required to be paid for the accommodation, after which . . Mr. McDougald, seconded by Mr. Miller moves that the annual statement of the Wild Land Tax aC90unt required by resolution of a previous session of this Council to be furnished to the several Municipal Treasurers by the County Treasurer be submitted by the New Treasurer. Mr. McDougald, seconded by Mr. Arkell moves that whereas the Municipal Council of the 'County of Middlesex have agreed to assume one half of the expense of repairing the Ward~ville Bridge across the River Thames between the Counties of Elgin and Middlesex and Elgin that this Coun- cil consider they are legally bound to assume and do hereby agree to assume the one half of the expense of repairing said bridge. Motion lost, after which Mr. McDougald, seconded by Mr. Glover moves that this Council petition both Houses of Parliament praying that a Prohibitory Liquor Law may be passed. Motion lost. . . . . . . . . Mr. McDougald, seconded by Mr. Miller moves that the Warden do procure a case or other sufficient place for the Treasurer to deposit the documents belonging to the County. Mr. Chambers, seconded by Mr. Suffel moves that the Warden be requested to sign draft for members wages. Mr. McCrady, seconded by Mr. Glover, moves that the Clerk be instructed to draft a Petition to the Government and that the Warden do sign the same on behalf of this Council praying that an Act be passed for the payment of Jurors in Upper Canada same as in Lower Canada out of the Consolidated Revenue Fund or otherwise carry into effect the <rd Section of the Act 18th Victoria, Chapter 28. On motion of Mr. Arkell, seconded by Mr. McDougald moved that this Council adjourn till the 15th June next. . . . . . William McKay Clerk Levi Fowler Warden . . (Cont'd) . . - 314 - . (Elgin County Council Proceedings, 1852 - 1860) . . FOURTH SESSION 1858 Tuesday the 15th day of June, 1858 . The Council met at ten o'clock forenoon in accordance with notice and adjournment at previous session. The Warden in the Chair. . Members present . . Messrs. McDougald Gow Begg Chambers Maginnis Miller Campbell Suffel Glover Weaver Armstrong McCrady . . The proceedings of the last day of the previous session were read and authorized to be si~ed. The Warden addressed the Council. . . The following communications were then read: From the Attorney General's Department in reference to the amount due to the Government by this County on account of the Municipal Loan Fund. From the Legislative Assembly office intimating that iheappendices to the Journals of the Legislative Assembly Sor the last Session and maps appertaining thereto had been forwarded for each of the Munici- palities. From the Education Office with statement of the apportionment of the Legislative School Grant of Upper Canada for the year 1858, also circular in reference to the Model Grammar School for Upper Canada. . . . . . . From L. Burwell, Esquire, Member of Parliament for the East Riding of the County of Elgin acknowledging receipt of Petition of this Council entrusted to his care to be presented to the Legislature recommending certain amendments to the Municipal Law of the Province. . (Cont'd) . . . . - 315 - . (Elgin County Council Proceedings, 1852 - 1860) Tuesday the 15th day of June, 1858 . . From George Macbeth, Esquire, M.P. for ~he West Riding of the County acknowledging receipt of two petitions of this Council.to the Legislature relating to the Jury Laws and which he had presented to the Legislative Assembly. From the Council of the County of Lincoln in refer- ence to the expenses for the Administration of Criminal Justice. . . . . Presentment of the Grand Jury of the June Sessions of the General Quarter Sessions of the Peace in reference to the Bridge at Blackwood's Mill Pond. From Messrs. Hepb~rn and Johnson with reports of Engineer in reference to the stat~ of said Bridge. Parliamentary Returns relating to the Municipal Loan Fund and Clergy Reserves apportionment. From James Small, Esquire Judge of the Middlesex County Court in reference to his apportionment as an arbitrator in the matter between the sureties of the late Treasurer of Elgin and'this County. Report of Auditors of School monies for the year 1857. . . . . . . Report of County Treasurer with estimate of amount required to be raised by assessment, also statements of Wild Lands in arrears for Taxes in the Townships of Aldborough, Dunwich and Bayham. Messrs. Hepburn and Johnston addressed the Council and made statement in reference to bridge at Black- wood's Pond. . . Mr. Begg, submitted Petition from certain inhabitants of the Townships of Yarmouth and Southwold in reference to a bridge accross a ravine near Kettle Creek which \vas not entertained. . . Mr. Gow presented copy of a notice served on D. McMillan of Dunwich that an application would be made at this Session of Council for an order to open the Road Allowance between Lots No. twelve and thirteen in the Third Concession of Dunwich. . . (Cont'd) . . . - 316 - . (Elgin County Council Proceedings, 1852 - 1860) Tuesday the 15th day of June, 1858 . . Mr. McMillan submitted a communication relating to the said road allowance which was read and made statement thereon. . . Mr. Thompson of Dunwich addressed the Council in reference to the opening of the original road allowance between.Lots 12 and 13 in the Third Concession of Dunwich, after which . . Mr. Gow, seconded by Mr. Campbell moves that the original road allowance between Lots 12 and 13 in the Third Concession of Dunwich now closed up be ordered to be opened up by the first day of October next, after which Mr. McDougald, seconded by Mr. Weaver moves that Messrs. Weaver, Maginnis, Suffel, Begg, McCrady, Gow, Miller and McDougald be a Committee to equalize the Assess- ment Rolls of the County for the present year. - Mr. McDougald seconded by Mr. Miller moves that the Warden be authorized to sign a petition'to the three Branches of the Legislature praying that the adminis- tration of Justice expenses may be placed on the same footing in Upper Canada as in Lower Canada. . . . . Mr. McDougald, seconded by Mr. Weaver moves that the estimate of the amount of money required to be raised for County purposes be submitted to the Finance Committee to examine the same and report thereon at this session of the Council. . . Mr.' McDougald, seconded by Mr. Weaver moves that in accordance with a report adopted by this Council in 1855 and also resolutiop passed in 1857 granting five pounds to the Publishers of the life of the late Honorable Col. Talbot, the Warden do issue cheque for the amount according to said report and resolution. . . . Mr. McCrady,. seconded by Mr. Glover moves that the Council adjourn until tomorrow morning at nine o'clock and that the Committee for the equalization of the Assessment Rolls do now meet. . W. McKay Clerk Levi Fowler Warden . (Cont'd) . . . . - 317 - . (Elgin County Council Proceedings, 1852 - 1860) Wednesday the 16th day of June, 1858 . The Council met at nine o'clock forenoon. . The Warden in the Chair. . . Messrs. Gow Campbell McDougald McCredy Suffel Miller Glover Members present Maginnis Chambers Weaver Begg Arkell Armstrong . . The proceedings of the previous day were read and authorized to be signed, after which Mr. McCrady, Chairman of Special Committee appointed to equalize Assessment Rolls submitted report which was read, after which . . . Mr. McCrady, seconded by Mr. Glover moves that the Report of Equalization Committee on Assessment Rolls be received and adopted. . Mr. McDougald, seconded by Mr. Weaver moves that the Treasurer do issue his warrant to the Sheriff to advertise for sale all lands five years in arrears for taxes as des- cribed in schedule submitted by the Treasurer to this Coun- cil in the Townships of Dunwich and Aldborough and that the schedule be printed for the information of all parties concerned. . . . Mr. Miller seconded by Mr. Armstrong moves that Mr. Beggs name be added to the Finance Committee in place of Mr. Arkel who will be absent from the sittings of the Committee. . Mr. McCrady, seconded by Mr. Glover moves that this Council adjourn till two o'clock so that the Finance Committee may sit. . The Council resumed. . Mr. Suffel, seconded by Mr. Glover moves that Daniel Harvey Esquire be reappointed County Engineer, after which Mr. SUffel, seconded by Mr. McDougald moves that Daniel Harvey Esquire, County Engineer be requested to examine the bridge at Blackwood's Mill Pond and report on the same to this Council tomorrow at 11 o'clock. . . . (Cont'd) . . - 318 - . (Elgin County Council Proceedings, 1852 - 1860) Wednesday the 16th day of June, 1858 . . Mr. Glover, Chairman of Standing Committee on Finance submitted report with estimate of amounts required to be raised which was read, after which . . . Mr. Miller, seconded by Mr. Begg moves that this Council do go into Committee of the whole on the report of Finance Committee. . The Council were put into Committee of the whole on the Finance Report and estimates. Mr. Weaver in the Chair. . The Council resumed. . . The Chairman of the Committee of the whole reported the adoption of the Finance Report as amended by striking out the account of G. T. Claris for payment of an assis- tant to bring forward the Wild Land Tax Books, after which . . Mr. SUffel, seconded by Mr. Glover moves that the Report of the Finance Committee be received and adopted as amended by the Oommittee of the whole, after which Mr. McDougald, seconded by Mr. Armstrong moves that this Council do now adjourn to meet tomorrow morning at nine o'clock. . . . William McKay Clerk Levi Fowler Warden . . . . (Cont'd) . . . . - 319 - . (Elgin County Council Proceedings, 1852 - 1860) Third Day Thursday the 17th day of June, 1858 . . . The Council met at nine o'clock forenoon. The Warden in the Chair. . Messrs. McDougald Gow Campbell Begg Miller Armstrong Arkell Members present Maginnis . Chambers Weaver Glover Suffel McCrady . . . . The proceedings of the previous day were read and signed. The Warden submitted communication from Sheriff Munro in reference to wood shed for the Jail yard. . . The Clerk read letter from Mr. Harvey acknowledging receipt of notice of appointment to the office of County Engineer. . The Warden submitted Treasurers statement of the cash account for April and May, after which . Mr. Arkell, seconded by Mr. Begg moves that the Sheriff be allowed the sum of fifty dollars to defray the expense of building wood shed for the use of the Jail. . . By-Law No. 54 to raise the sum of seven hundred and five pounds, a sum equivalent to the Legislative Grant for Common Schools was submitted and read, after which . Mr. McDougal~, seconded by Mr. Armstrong moves that By-Law No. 54 be read a first time. On motion By-Law No. 54 was read a.second time, after which . . Mr. Weaver, seconded by Mr. McDougald moves that By-Law No. 54 be read a third time and be finally passed. (Cont'd) . . . . . - :520 - (Elgin County Council Proceedings, 1852 -'1860) Thursday the 17th day of June, 1858 . . By-Law No. 55 to raise the several amounts required for County purposes amounting to E9295 exclusive of schools was submitted and read. . Mr. McDougald, seconded by Mr. Armstrong moves that By-Law No. 55 be read a first time. . Mr. McDougald moves, seconded by Mr. Weaver that By- Law No. 55 be read a second time, after which Mr. Arkell, seconded by Mr. Miller moves that By-Law No. 55 be read a third time and finally pass, after which Mr. McDougald, seconded by Mr. Armstrong moves that whereas the Warden of this County having negociated cer- tain loans to meet the liabilities of the County falling due since last Session of this Council amounting to the sum of $9,500 that this Council do approve of his bor- rowing this same and do hereby agree for and on behalf of this County to indemnify the Warden for any loss that he may sustain with respect to the payment of the same or any matter connected therewith and that this Council doth guarantee the payment of the same. . . . . . . On motion Mr. Price addressed the Council in reference to the disposal of the Port Stanley Harbour, after which Mr. Armstrong, seconded by Mr. Arkell moves that where- as this Council has been advised that the Government intends to dispose of the Port Stanley Harbour either to some Municipal Corporation or private Company and whereas the Harbour is at present in an unfinished state and con- sequently ill adapted for the purpose of Commerce. It is therefore resolved and this Council would res- pectfully suggest for the consideration of the Government that it is highly desirable for the public good and for the purpose of trade that in the disposal of said Harbour it shall be made imperative on the purchaser or purchasers thereof to complete the same according to a plaa. approved of by the Department of Public Works within a reasonable time, say one year or such other time as to the Government may seem resonable and just and also that the said pur- chasers shall from time to time keep the Harbour in proper repair and fit for the accommodation of the shipping and the purposes of traffic. This Council also desire to express their opinion that the Port Stanley Harbour being a work of great public importance should not be permitted to fall . . . . . . . . . (Cont'd) . . - 321 - . (Elgin County CoUncil Proceedings, 1852 - 1860) 17th June 1858 . . into the hands of any private individual and therefore trust that the negociation for the purchase thereof by the London and Port. Stanley Railway Company will be suc- cessful. . The yeas and nays being demanded on the above motion were taken down as follows: . Yeas: Messrs. Weaver, McDougald, Armstrong, Miller, Arkell, Begg, Suffel and Glover - 8 . Nays: Messrs. Campbell, Gow, Maginnis, McCrady and Chambers - 5 . Motion carried by a majority of 3, after which Mr. Suffel, seconded by Mr. Glover moves that the Lock Up House in the incorporated Village of Vienna being completed this Council do pass a By-Law establishing the same. . . . The yeas and nays being demanded on said motion were taken down as follows: . Yeas: Messrs. Weaver, Arkell, Begg, Maginnis, Suffel, Glover and McCrady - 7 Nays: Messrs. McDougald, Armstrong, Miller, Campbell, Gow and Chambers - 6 . Motion carried by a majority of one, after which . Mr. Glover seconded by Mr. Suffel moves that the Treasurer of this County be allowed a salary of six hundred dollars per annum and that he be allowed a further sum of two hundred dollars to meet the expenses of an assistant in making up the Wild Land Books for the present year. The yeas and nays being demanded were taken as fol- lows on the above motion: . . . . Yeas: Messrs. Weaver, McDougald, Armstrong, Miller, Arkell. Begg, Chambers, Maginnis, Suffel and Glover - 10 . Nays: Messrs. Campbell, Gow and McCrady - 3 Motion carried by a majority of seven, after which . . (Cont'd) . . - 322 - . (Elgin County Council Proceedings, 1852 - 1860) Thursday the 17th day of June, 1858 . . Mr. McCrady, seconded by Mr. Glover moves that the Warden be and is hereby authorized and instructed to take any legal and necessa~J action so as to secure the County as far as possible and consistent ralative to the defalca- tion of Henry Black the late County Treasurer. . Mr. Suffel, seconded by Mr. Glover moves that an extension of three months be given to Messrs. McIntyre and Love on their notes due and falling due in favour of this Council by paying up the intere~t on the same at the same rate of interest that this County have to pay. Mr. McDougald, seconded by Mr. Miller moves that the Warden be authorized to sign cheques for payment of the accounts audited by the Finance Committee. The Clerk submitted By-Law No. 56 in reference to the duties and salary of County Treasurer which was read. . . . . . . _ Mr. Glover, seconded by Mr. Suffel moves that By-Law No. 56 be read a first time. . . Mr. Weaver, seconded by Mr. McDougald moves that By-Law No. 56 be read a second time. Mr. Chambers, seconded by Mr. Maginnis.moves that By-Law No. 56 be read a third time and finally passed. The yeas and nays being demanded on the ,3rd reading of By-Law No. 56 were taken down as follows: Yeas: Weaver, McDougald, Armstrong, Miller, Arkell, Begg, Chambers, Maginnis, Suffel and Glover - 10 . . . . Nays: McCrady, Gow, and Campbell - 3 Carried by a majority of seven after which . . Mr. Suffel submitted By-Law No. 57.to establish a Lock Up House in the Village of Vienna'which was ,read Mr. Glover seconded by Mr. Suffel moves that By-Law No. 57 for establishing a Lock Up House in the Village of Vienna be read a first time. . . (Cont'd) . . . - 323 - . (Elgin County Council Proceedings, 1852 - 1860) Thursday the 17th day of June, 1858 . . Moved by Mr. SUffel, seconded by Mr. Glover that By-Law No. 57 establishing a Lock Up House in the Village of Vienna be read a second time. . . Mr. Maginnis, seconded by Mr. McCrady, moves that By-Law No. 57 establishing a Lock Up House in the Village of Vienna be read a third time and finally passed. The yeas and nays being called for were taken down on the above motion as follows: . . Yeas: Messrs. Weaver, Arkell, Begg, Maginnis, SUffel, Glover and McCrady - 7 . Nays: Messrs. McDougald, Armstrong, Miller, Campbell, Gow and Chambers - 6 Motion carried by a majority of one after which . . . Mr. McCrady, seconded by Mr. Glover moves that By-Laws Numbers 17, 28 and 29 heretofore passed by the County Coun- cil of this County to take stock in a Railway from Simcoe to St. Thomas and Malden from St. Thomas to the Township of Bertie and from Amherstburgh to St. Thomas on the credit of the Municipal Loan Fund be repealed and that a By-Law be submitted for that purpose, after which Mr. Glover, seconded by Mr. Suffel moves that By-Law No. 58 to repeal By-Laws Nos. 17, 28 and 29 be submitted and read a first time. . . . . Mr. Glover, seconded by Mr. Suffel moves that By-Law No. 58 be read a second time. Mr. McCrady, seconded by Mr. Glover moves that By-Law No. 58 be read a third time and finally passed. The Clerk submitted Report of Mr. Harvey County Engineer in reference to the state of the Bridge at Blackwood's Mill Pond which was read. . . Mr. McCrady, seconded by Mr. Glover moves that the Report of County Engineer on the state of the bridge at Blackwood's Pond which report is made by said Engineer in compliance with order of this Council issued by reason of Presentment of Grand Jury having been made thereon be received, after which . . . (Cont'd) . . - 324 - . (Elgin County Council Proceedings, 1852 - 1860) Thursday the 17th day of June, 1858 . . Mr. McCrady, seconded by Mr. Glover, moves that the Report of County Engineer on the state of Bridge at Black- wood's Pond be adopted and that a copy of the same be furnished to the Lessees of the Gravel Road that their attention may be directed to the same. Mr. McDougald seconded by Mr. Weaver moves that the Warden be authorized to effect a loan of ten thousand dollars to meet the liabilities of the County. The Warden submitted Treasurers Bond to the Council with securities for forty thousand dollars, after which . . . . Mr. McDougald, seconded by Mr. Armstrong moves that the Treasurers Bond and sureties as submitted be and are hereby approved by this Council. Mr. McDougald, seconded by Mr. Weaver moves that the Warden be authorized to sign a Petition on behalf of this Council to be presented to the Legislature praying the Government to grant a certain sum of money out of the consolidated revenue for the purpose. of.constructing bridges across the River Thames in this County such works being to extensive for Municipal construction and in the opinion of this Council should be erected by aid of Govern- ment in the same manner as like works are assisted in other parts of the Province. . Mr. McDougald, seconded by Mr. Weaver moves that the Warden be authorized to sign draft, for members wages. Mr. McDougald, seconded by Mr. Weaver moves that this Council do now adjourn till the third Tuesday in November next. . . . . . . . . 11lilliam McKay Clerk Levi Fowler Warden . . (Cont'd) . . . . . - 325 - . (Elgin County Council Proceedings, 1852 - 1860) . FIFTH SESSION 1858 . Special Meeting Wednesday the 15th day of September . . The Council met at 12 o'clock noon in accordance to notice given by order of the Warden for a Special Meeting in reference to matters connected with the defalcation of the late County Treasurer. The Warden in the Chair. . Members present . Messrs. Gow McDougald Miller Arkell McCrady The proceedings of the last day of the previous session were read and signed. Campbell Begg M~ginnis Armstrong . . . The Warden addressed the Council. . The follwoing communications were read. The award of the Arbitrators in the matter between the sureties of the late County Treasurer and the Council. . . From the Secretary's Office in reference to the statutes of last session. . . From L. Burwell Esquire, M.P.P. for the East Riding of the County acknowledging receipt of Petition of this Council in reference to the payment of the expenses of the Administration of Justice which he had presented to the Legislature. From G. Macbeth, Esquire, M.P.P. for the West Riding of the County acknowledging receipt of Petition of this Council and which he had submitted to the Legislative Assembly, after which Mr. McDougald, seconded by Mr. Miller moves that in the opinion of this Council it is deemed expedient to authorize the Warden to sign and seal such Bonds of indemnification as may be necessary on behalf of this . . . . . . (Cont'd) . . . - 326 - (Elgin County Council Proceedings, 1852 -'1860) . Special lVIeeting 15th September 1858 . Council to the sureties of the late Treasurer and others against all costs 'damages and actions on suits which may be brought against them by reason of any judgement which they may assign to this Councilor otherwise and this Council hereby fully authorize the Warden to take such action and sign such documents on behalf of this Council as may be necessary for the immediate recovery of the amount in de- fault by the late County Treasurer. The Clerk read draft of assignment of judgement and Bond of Indemn~ty which had been prepared by the Solicitor employed by this Council, after which Mr. McDougald, seconded by Mr. Begg moves that the event of the securities making a proper assignment of their claim on their judgement against Henry Black over to the County that these security Bonds be delivered up and indemnification given against all costs they may be subject to thereby. The Clerk then read communication from the secretary of the Board of Public Instruction for the Western Division of the County, after which Mr. Arkell, seconded by Mr. Maginnis moves that in accordance with the memorial of the County Board of Public Instruction the sum of twenty-five pounds by granted to the Western Division and the sum of ten pounds to the Eastern Division of the County for incidental expenses of said Boards for the present year. Sheriff Munro presented account for disburements in sending J. Cussack, a lunatic to the Asylum in Toronto, amounting to the sum of $35.21, which was ordered to be paid. Mr. McDougald, seconded by Mr. McCrady moves that the Warden sign draft for members wages and that this Council adjourn till the 3rd Tuesday in November. . . . . . . . . . . . . . William McKay Clerk Levi Fowler Warden . . . . . (Cont'd) . - 327 - . (Elgin County Council Proceedings, 1852 - 1860) SIXTH SESSION 1858 Thursday the 16th day of November 1858 . . The Council met according to adjournment at twelve 0' clock noon. ' . The Warden in the Chair. . Members present . . Messrs. Weaver Maginnis Suffel Begg Miller Chambers Glover McCrady McDougald Armstrong Campbell Gow . The proceedings of the previous Session were read and authorized to be signed. . The following communications were then read. From the Legislative Assembly Office in reference to the Journals of the Legislative Assembly and append- ices sent for the Municipalities. Report from County Treasurer on the financial affairs of the County. . . . Statements from County Treasurer for September and October. . Mr. Miller submitted certified copy of By-Law Number one hundred and eleven of the Township of Yarmouth in reference to the conveyance of certain road allowances therein mentioned to be confirmed by this Council, after which . . Mr. McCrady, seaonded by Mr. Glover moves that By-Law Number one hundred and eleven of the Township of Yarmouth for the purpose of disposing of certain road allowances as specified in said By-Law, be confirmed by this Council and that the Clerk be instructed to submit a By-Law for that purpose. The Clerk submitted draft of By-Law Number 59, to confirm By-Law Number 111 of the Township of Yarmouth entitled, "A By-Law to convey certain road allowance therein mentioned", which was read. . . . . . (Cont'd) . . - Jc..u -, . (Elgin County Council Proceedings, 1852 -'1860) 16th November 1858 . . Mr. Armstrong, seconded by Mr. McDougald moves that By-Law No. 59 to confirm By-Law No. 111 of the Municipal Council of Yarmouth be read a first time. . Mr. Glover, seconded by Mr. Suffel moves that By-Law No. 59 be read a second time. . Mr. McDougald, seconded by Mr. Weaver moves that By-Law No. 59 be read a third time. . . Mr. Miller, seconded by Mr. Begg moves that By-Law No. 59 do finally pass, after which Mr. McCrady, seconded by Mr. Glover moves that the Warden make statement to this Council relative to the steps taken by him regarding the defalcation of Henry Black the late County Treasurer and matters connected therewith. . The Warden made statement. . Mr. McCrady, seconded by Mr. Glover moves that the Clerk be instructed to draft a By-Law for the purpose of granting an extension of time to the several Municipal collectors in this County to return their collectors Rolls and that said time be extended from the 14th day of December 1858, till the 14th day of January 1859. . . Mr. Suffel, seconded by Mr. Glover moves that this Council authorize the Warden to negociate such loan as may be necessary to meet the liabilities of the County falling due between this date and the first day of January next. W~. Glover, seconded by Mr. Suffel moves that this Council do now adjourn to meet tomorrow morning precisely at 9 o'clock. . . . . \"Jilliam McKay Clerk Levi Fowler Warden . . . . . (Cont'd) . . - 329 - . (Elgin County Council Proceedings, 1852 - 1860) SIXTH SESSION 1858 . . Second Day Wednesday the 16th day of November . . The Council met at 9 o'clock forenoon according to adjournment. The Warden in the Chair. . Members present . Messrs. McCrady Weaver Maginnis Chambers Armstrong McDougald Arkell Begg Miller Campbell Gow Glover Suffel . . _ The proceedings of the previous day were read and authorized to be signed. The Clerk submitted draft of By-Law No. 60, to extend the time for the return of collectors Rolls of the several Municipalities in the County of Elgin for the year 1858 to appoint the 14th day of January 1859 as the time for the return of said Collectors Rolls, which was read, after which . . . Mr. McDougald, seconded by Mr. Armstrong moves that By- Law No. 60 be read a first time. . Mr. Glover, seconded by Mr. Suffel moves that By-Law No. 60 be read a second time. . . Mr. Armstrong, seconded by Mr. McDougald moves that By- Law No. 60 be read a third time and finally passed. Mr. Glover, Chairman of Standing Committee on Finance, submitted report~ which was read. . . Mr. McDougald, seconded by Mr. We~ver moves that the report of the Finance Committee be received and adopted. Mr. McCrady, seconded by Mr. Glover moves that this Council disapproves of the expense devolving upon this County by the Act passed by the Legislative Assembly on the 16th August 1858, entitled "An Act to provide for the registra- tion of Debentures", said Act having come into operation be- fore provision was made by the publication in the Canada . . . . (Cont'd) . - 330 - . (Elgin County Council Proceedings, 1852 - 1860) 16th day of November 1858 . . Gazette of returns of Debentures in both the French and English languages as required by said Act and that the Warden be authorized to sign a petition to the Legislature on behalf of this 'Council praying that said Act may be so amended that said returns may not require publicaton, after which . . Mr. King made application to the Council to be refunded an amount paid for Wild Land, which he represented had been eroneously sold to him by the Sheriff in 1855 for arrears of taxes in the Township of Aldborough and submitted an account amounting to E3.13.6 as the amount claimed. Mr. M. T. MoorealSo made statement to the Council and represented that the Sheriff had eroneouly sold to him several parcelS of land in Aldborough and made application to be refunded the amount paid with interest and legal costs incurred by him in reference to said lands. . Mr. Miller, seconded by Mr. Begg moves that it appears by statement made to this Council several parcels of Wild Lands in Aldborough and Dunwich are represented to have been erroneously sold by the Sheriff for arrears of taxes in 1855, this Council therefore consider it expedient that said amounts be refunded together with 10 percent interest and the legal expenese incurred therein to the several parties on their producing satisfactory proof to the County Treasurer that such sales were erroneous and reconveying the land to the owners thereof and that the Treasurer do retain such moneys out of any Wild Land Tax money which may be in his hands belonging to the Municipality which received the proceeds of the land so erroneously sold. Motion lost. . . . . . . . . . . In amendment, Mr. McDougald, seconded by Mr. Weaver moves that all claims for moneys to be refunded by this Council for lands sold by the Sheriff in 1855, which lands are represented to have been erroneously sold be laid over until next Session of this Council in order to allow the Municipalities interest- ed, an opportunity of investigating the correctness of such claims. . . The amendment was carried and the original motion lost, after which . . . (Cont'd) . . - 331 - . (Elgin County Council Proceedings. 1852 -' 1860) 16th November 1858 . . Mr. McDougald, seconded by Mr. Arkell moves that the sum of $400 be granted as aid towards rebuilding the bridge across Kettle Creek near St. Thomas a like sum for the bridges at Port Stanley and also a similar sum for the Wardsville Bridge across the River Thames. Motion lost. . . Mr. Suffel, seconded by Mr. Maginnis moves that a vote of thanks be tendered by this Council to the Warden and Clerk for the efficient services rendered by them to the County during the present year. Mr. Suffel, seconded by Mr. Maginnis moves that the Warden be authorized to sign draft for members wages. Mr. McDougald, seconded by Mr. Armstrong moves that this Council do now adjourn, Sine die. . . . . Levi Fowler Warden . . . . . . . . . . (Cont'd) . . .