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1859 Minutes (Elgin County, Council Proceedings, 1852 - 1860) FIRST SESSION 1859 Tuesday the 25th day of January 1859 c The Municipal Council of the County of Elgin met accord- C ing to Law. The Clerk having received certificates from the respective Municipal Clerks in favour of the following Gentlemen who answered to their names and took their seats as Reeves and Deputy Reeves elected by the several Municipal Councils in C the County. NAMES OFFICE MUNICIPALITY ADDRESS Finlay McDiarmid Reeve Aldborough Aldbor ough James Cunningham Deputy Reeve Aldborough Wardsville Peter Gow Reeve Dunwich Tyrconnell Daniel Decow Deputy Reeve Dunwich Iona Levi Fowler Reeve Southwold Fingal Archibald McIntyre Reeve St. Thomas st. Thomas Andrew Miller Reeve Yarmouth St. Thomas William Bullock Deputy Reeve Yarmouth Sparta Hugh Maginnis Reeve Malahide Salem Isaac Chambers Deputy Reeve Malahide Aylmer w. A. Glover Reeve Bayham Port Burwell T. W. Dobbie Deputy Reeve Bayham Bayham E. R. McCrady Reeve South Dorchester Lyons George Suffell Reeve Vienna Vie'nna Archibald Brown Deputy Reeve Southwold Iona c c E: The members being all present were called to order by the Clerk, after which c Mr. Brown, seconded by Mr. Miller moves that Levi Fowler Esquire, be appointed Warden for the pr~sent year. In amendment, Mr. Glover, seconded by Mr. Maginnis moves that E. R. McCrady be appointed Warden for the current year. c The amendment was lost and the main motion carried. l ( C ont ' d) ( ~ (Elgin County Council Proceedings, 1852 - 1860) 25th January 1859 r c The Warden elect made the declaration of office before the County Judge and addressed the Council. Mr. McIntyre., seconded by Mr. Miller moves that W. J. White be appointed an Auditor for the present year.' The Warden then nominated A. J. Allworth one of the Auditors for the present year. c The petition of Messrs. Robbins. Francis, Honsinger. White and Brady of the Township of Southwold was presented and read, making application for a portion of the original allowance for road between the Townships of Yarmouth and Southwold adjoining Lots Numbers 5, 6. 7, 8, and 9. in the second range east of the River Road in Southwold. On motion Messrs. Oliver, McNiel, Stockton and others addressed the Council and made statements in reference to the disposal of said road allowance, the Clerk also read report of A. Driscoll, Provincial Land Surveyor, respecting said original allowance for road and the travelled road given in lieu thereof, after which Mr.. McCrady, seconded by Mr. Glover moves that the ap- plication now before this Council relative to road matters be laid over til tomorrow afternoon at two o'clock. c The Council then took up the subject of the appointment of Local Superintendents of Common Schools, after which Mr. McIntyre. seconded by Mr. Miller moves that the Revd. Mr. CaUlfield be permitted to address the Council on behalf of the County Board of Public Instruction. Mr. Caulfield addressed the Council. His Honour Judge Hughes being present also addressed the Council in reference to Local Superintendents. Mr. Brown. seconded by Mr. Cunningham moves that A. McLachlin be appointed Local Superintendent of Schools in Southwold for the present year. Motion lost. (0 ~ (Cont'd) c ~~ ' (Elgin County Council Proceedings, 1852 -,1860) 25th January 1859 ( In amendment first, Mr. McDiarmid, seconded by Mr. McIntyre moves that two Local Superintendents be appointed, one for the East Riding and one for the West Riding. of the County. In amendment second, Mr. McCrady, seconded by Mr. Glover moves that the resolution now before the Council relative to the appointment of Local Superintendents be laid over until tomorrow morning. The second amendment was carried, the main motion and first amendment were lost, after which c c Mr. McCrady, seconded by Mr. Glover moves that a Finance Committee be appointed to be composed of five members. The following five members were accordingly voted a Finance Committee: Messrs. Miller Suffell McCrady Gow c Glover ~~. McCrady, secondern by Mr. Glover moves that a Committee on Education be appointed to consist of five members. The following members were accordingly voted an Education C Committee: Messrs. Suffell McIntyre Glover McDiarmid Dobbie Mr. Glover, seconded by Mr. Suffel moves that a Committee on Public Improvements be now appointed to consist of five members. The following members were appointed Committee on Public Improvements: r '- Messrs. Maginnis, Brown, Decow, Gow and Bullock On motion of Mr. Suffel, seconded-by Mr. Dobbie, the Council adjourned till 9 o'clock tomorrow morning. c W. McKay Clerk Levi Fowler \1arden l (Cont'd) c - JJJ - (Elgin County Co~ncil Proceedings, 1852 ~ 1860) FIRST SESSION 1859 Second Day Wesnesday 26th January 1859 The Council met at nine o'clock forenoon. The Warden in the Chair. Members present Messrs. Gow Cunningham McDiarmid Decow Brown McIntyre Miller Bullock Maginnis Chambers Suffell McCrady Glover Dobbie The proceedings of previous day were read. Mr. Glover. seconded by Mr. McCrady moves that whereas reports are in circulation that the Township of Aldborough is not entitled to a Deputy Reeve as provided by the statute, it is therefore resolved that a Committee of three members be appointed to acertain the facts if possible and report forthwith to this Council. c Messrs. Glover, McDiarmid and Decow were accordingly voted said Committee. Mr. McCrady. seconded by Mr. Glover moves that this Council adjourn for one hour to allow said Committee to sit and report. The Council resumed. e Mr. Decow, Chairman of Special Committee. appointed to investigate and report on the alledged illegality of the return of the Deputy Reeve of Aldborough. presented report. which was read. after which c Mr. Brown. seconded by Mr. Miller moves that the report of the Special Committee appointed to investigate and report on the alledged illegality of the return of the Deputy Reeve of Aldborough be received and adopted. The Warden then signed proceedings of previous day. , l~. l.. (Cont'd) ( (Elgin County Council Proceedings, 1852 - ,1860) 26th January 1859 '\ A communication from P. Murtagh, Registrar of the Surrogate Court of the County, was read, niaking application for certain books required for said office, after which Mr. Suffel, seconded by Mr. Glover moves that the ap- plication of P. Murtagh for books for the Registry of wills etc. be complied with by this Council and that the Clerk be required to procure the same and that the Warden be authorized to sign cheque for payment of the same. The yeas and nays being demanded on said motion were taken down as follows: c c Yeas: Messrs. Glover, Suffell, Dobbie, Bullock, Miller, McIntyre and Decow - 7 Nays: Messrs. Brown, Cunningham, Gow, McDairmid, Chambers, Maginnis and McCrady = 7 Motion carried by casting vote of the Warden. The Warden submitted communication from the County Treasurer in reference to the County finances. The Clerk read communication from the Education office in reference to Jail Libraries. Mr. Decow, seconded by Mr. McDiarmid moves that James Cunningham and Archibald Brown be added to the Finance Committee and that Mr. McCrady and Mr. Glover be added to the Committee on Public Improvements. Carried by casting vote of the Warden. The Warden submitted communication from John Walker, making application for the office of Local Superintendent of Schools. ( Mr. McCrady, seconded by Mr. Glover moves that the Revd. E. Sheppard, Local Superintendent of Schools be heard in reference to the office of Local Superintendent. Mr. Sheppard addressed the Council. Mr. McDiarmid, seconded by Mr. Brown moves that Mr. McLachlan be allowed to address the Council on same subject. Mr. McLachlan made statement to the Council. c c c ( C ont ' d) c (Elgin County Council Proceedings, 1852 - 1860) 26th January 1859 .\ Mr. Glover, seconded by Mr. Suffell moves that the Revd. E. Sheppard be appointed Local Superintendent of Common Schools for the East Riding of this County for ensuing year. Mr. McDiarmid, seconded by Mr. Miller moves that Archibald McLachlan be appointed Local Superintendent of Schools for the West Riding of the County. In amendment, Mr. Cunningham, seconded by Mr. Decow moves that the Revd. Mr. McMillan be appointed Local Superintendent of Schools for Aldborough, Dunwich and Southwold for the current year. ' The motion was carried ana the amendment lost. r (' The yeas and nays being demanded on the motion were taken down as follows: . ( Yeas: Messrs. Glover, Suffel, Dobbie, Maginnis, Chambers, Bullock, Miller, McDiarmid, McIntyre and Brown = 10 c Nays: Messrs. Decow, Cunningham and Gow = 3 Mot'ion carried by majority of 7. The Clerk read communications from the County Council of Wentworth in reference to the Registration of Debentures Act and also from the Mayor of Coburgh on the same subject. c Mr. G. Suffel, seconded by Mr. Dobbie moves that H. A. Gustin and Robert McCally be appointeci Trustees of the Vienna County Grammar School for the next four years. Mr. Brown, seconded by Mr. Cunningham moves that Chauncey Lewis and Phineas Barber be reappointed Trustees of the Fingal Grammar School for four years. Mr. Miller, seconded by Mr. McIntyre moves that the Revd. Mr. Caulfield and Dr. Southwick be reappointed Trustees of the St. Thomas County Grammar School for four years. In amendment, Mr. McCrady, seconded by Mr. Glover moves that J. H. L. Begg and the Revd. Mr. Caulfield be appointed Trustees of the St. Thomas Grammar School. c. The amendment was lost and original motion carried. On motion of Mr. Cunningham, seconded by Mr. Gow the Council adjourned for an hour. (Cont'd) ~ , ~ (Elgin County Council Proceedings, 1852 - 1860) 26th January 1859 .- Council resumed. Mr. Dobbie. seconded by Mr. Suffel moves that this Council appoint a Special Committee to examine and report upon the disposal of that part of the Township line lying east of Lots Numbers 5, 6, 7. 8 and 9 east of the River Road in the Township of Southwold. Mr. Glover. seconded by Dtr. Suffel moves that Messrs. Dobbie. McIntyre, McDiarmid. Gow and Maginnis be appointed a Special Committee to confer with the parties interested in the road question now before this Council and report forthwith. \ . c The Clerk read petition of Messrs. Honsinger, White. Robbins, Francis and Brady of the Township of Southwold making application for part of road allowance between Yarmouth and Southwold, after which On motion the Council adjourned for an hour to enable S~ecial Committee to report. The Council resumed. c The Chairman of Special Committee appointed to report on the disposal of road allowance between Yarmouth and South- wold, submitted report, which waS read, after which c Mr. McCrady seconded by Mr. Glover moves that the report of Special Committee appointed to examine and report on the disposal of part of the TownShip line between Yarmouth and Southwold be adopted and that a By-Law be drawn up in accord- ance therewith. Mr. Norton presented petition respecting a certain road taken from land owned by him in South Dorchester in the year 1847 and claiming renumeration for the same, after which Mr. Glover, seconded by Mr. Chambers moves that this Council hereby authorized the Warden to sign draft on the Treasurer for the sum of nine dollars in'favour of Dtr. Norton as amount due from the County of Elgin in payment for road running across part of Lot Number twenty-four in the seventh concession of South Dorchester; provided Mr. Norton furnish a certificate of guarantee from some responsible person that he is entitled to the same. ( c c. c. (Cont'd) c. (Elgin County Council Proceedings, 1852 -,1860) 26th January 1859 . ( On motion the Council adjurned till 9 o'clock tomorrow morning. ( W. McKay Clerk Levi Fowler Warden (" ,~ '-- c (Cont' d) ( '-- - J"i"V - (Elgin County Council Proceedings, 1852 - 1860) FIRST SESSION 1859 Third Day Thursday the 27th day of January The Council according to adjournment met at nine o'clock morning. The Warden in the Chair. Members ,present c Messrs. Cunningham McDiarmid Gow Decow Brown McIntyre Suffel Miller Bullock Maginnis Chambers Glover Dobpie McC:r;'ady The proceedings of previous day were read and signed. Mr. Moore presented account and made application to be refunded certain amounts paid for Wild Lands said to have been sold erroneously to him by the Sheriff. . Mr. McCrady, seconded by lfr. Glover moves that the application of Mr. Moore be read and that Mr. Moore be allowed to make statement to the Council in reference thereto. c Mr. Moore made statement. Mr. McDiarmid, seconded by Mr. Decow moves that a Special Committee be appointed to investigate Mr. Moore's claim and that Messrs. Cunninhham, Miller, Gow, Decow and the mover be said Committee. c On motion the Council adjourned for an hour. The Council resumed. The Chairman of, Special Committee appointed to examine and report on Mr. Moore's application reported progress and asked leave to sit again. - The Clerk read an application from Revd. Mr. Caulfield, Chairman of Board of Public Instruction, County of Elgin for the annual grant of one hundred dollars for incidental expenses for the year, after which c (Cont'd) c c ..1--...... - (Elgin County Council Proceedings, 1852 - 2860) Thursday the 27th day of January ( Mr. McCrady, seconded by Mr. Glover moves that all matters relative to Common Schools, Grammar Schools .and Board of Public Instruction be submitted to the Standing Committee on Education, that said Committee meet this afternoon at one o'clock and that this Council now adjourn for that purpose. c Council resumed. The Chairman of the Standing Committee on Education submitted report which was read. Mr. McCrady, seconded by Mr. glover moves that the report of the Standing Committee on Education be received and that this Council be put into Committee of the whole on said report. The Council went into Committee of the whole.' Mr. McCrady in the Chair. The Council resumed. The 'Chairman of the Committee of the whole reported that the Report of Committee on 'Education was adopted by the Committee without amendment. ' Mr. Suffel, seconded by Mr. Dobbie moves that the report of Education Committee be received and adopted. Mr. McCrady, seconded by Mr. Chambers moves that the Trustees of the St. Thomas Grammar School be recommended to fOrm a union with Common School Trustees if they are satisfied in making such Union that the County expenses will be curtailed.' , c " Mr. Miller, seconded by Mr. Bullock moves that the Clerk procure the requisite supply of Assessment and Collectors Rolls, also Assessment Slips, Jury and Voters Lists and that three bound copies be furnished to each Municipality with an additionai copy for Yarmouth Assess- ment Wards and that they be ruled for dollars'an~ cents. The Clerk submitted draft of By-Law No. 61 ~or the purpose of COnfirming By-Law No. 61 passed by the Muni- cipality of the Township of Southwold on the 4th day~of October~ 1858, to convey certain road allowance in front of Lots Nos~ four and five with first range west 01 the River Road'to James Davis and Angus McIntosh. - c (Cont'd) l (Elgin County Council Proceedings, 1852 - l860) Thursday the 27th day of January, 1859 ( ( Mr. Suffel seconded by Mr. Dobbie moves that By-Law No. 61 be read a first time. Mr. Glover seqonded by Mr. Suffel moves that By-Law No. 61'be read a second time. c Mr. Maginnis secqnded by Mr. Suffel moves that By-Law No. 61 be read a third time and finally passed. The Clerk submitted draft of By-Law No. 62 to dispose of certain portions of the original allowance for Township Line between the Townships of Yarmouth and Southwold adjoin- ing'Lots Numbers 5, 6, 7, 8 and. 9 in the second range East of the R~ver Road in the said Township of Southwold. Mr. G. Suffel seconded by Mr. Dobbie moves that By-Law No. 62 be read a first time. c Mr. Glover, seconded by Mr. Chambers moves that By-Law No. 62 be read a second time. Mr. Dobbie seconded by Mr. Maginnis moves that By-Law No. 62 be read a third time and finally pass. On motion the Council adjourned till 9 o'clock tomor- row morning. c c W. McKay Clerk Levi Fowler Warden c c l (Cont'd) ,l ~ l - J-rJ - (Elgin County Council Proceedings, 1852 - 1860) Fourth Day Friday the 28th day of January, 1859 . (- The Council met at 9 o'clock. The Warden in 'the Chair. ( Messrs. Cunningham McDiarmid Gow Decow Brown McIntyre McCrady Members present Miller Bullock Maginnis Chambers Glover Dobbie Suffel c The proceedings of the previous day were read and signed. The Clerk submitted draft of By-Law No. 63 to appoint Loqal Superintendents of Common Schools and Grammar School Trustees to provide for support of Grammar Schools and determine the salaries of Local Superintendents in the County. . Mr. SUffel, seconded by Mr. Dobbie moves that By-Law No. 63 be read a first time. Mr. Dobbie, seconded by Mr. Maginnis moves that By-Law No. 63 be read a second time. Mr. Glover, seconded by Mr. Suffel moves that By-Law No. 63 be read a third time and finally passed. c In amendment, Mr. Decow, seconded by Mr. Cunningham moves that draft of B,y-Law No. 63 now submitted be amended inserting the name of the Revd. Mr. McMillan in place of Mr. McLachlin as Local Superintendent of Schools for the West Riding of the County. Amendment lost. , The yeas and nays being called for nn the foregoing amendment were taken down as follows: c Yeas: Messrs. Decow, Gow, Cunningham, Chambers and McC rady - 5 Nays: Messrs. Brown, McDiarmid, McIntyre, Bullock, Maginnis, Dobbie, Suffel and Glover - 8 L Amendment lost by a majority of 3 (Cont'd) L ~. . ( (Elgin County Council Proceedings, 1852 - ~860) Friday the 28th day of January, 1859 ( ( In amendment Mr. Brown seconded by Mr. Gow moves that By-Law No. 63 be so amended that the appropriation qe three hundred dollars to the St. Thomas Grammar School and one hundred dollars to ,the Vienna Grammar School. . ( Amendment carried. The yeas and naY~.being called for were taken down as follows: ( Yeas: Messrs. McCrady, Chambers, McDiarmid, Cunningham, Gow, Brown and Decow - 7 Nays: Messrs. Glover, SUffel, Dobbie, M~ginnis, Bullock and McIntyre - 6 . Amendment carried by a majority of 1 In amendment Mr. Cunningham seconded by Mr. Gow moves that By-Law 63. be so amended that the salary of Local S~per- intendents be two hundred dollars for the West Ri~ing and two hundred and fifty dollars for the East Riding. C~ Amendment lost. By-Law No. 63 was read a third time and finally passed as amended. c Mr. Decow, Chairman of Special Committee appointed to report on Mr. Moore's claim submitted report which was read after which Mr. Decow seconded by Mr. Gow moves that the report of Special Committee appointed to report on Mr: Moore's claim be received and adopted. Mr. McCrady, seconded by'Mr. Glover moves that a Special Committee of five be appointed to investigate matters connected with the defalcation of Henry Blac~ said Commit~ee to consist of the following members of this C6un- cil, that is to say the mover and seconder Messrs. Cunningham, Decow and SUffel, ~aid committee to be. empowered to elicit all the information they can pr~cure by the exami- nation of persons papers etc. that said committee may deem expedient and that the Clerk and Warden be' instructed to furnish all'information by way of papers and-otherwise to this Committee which it is in their power to give and that said committee meet forthwith. c c c (Cont'd) l c - 345 - (Elgin County Council Proceedings, 1852 - l860) Friday the 28th day of January, 1859 .r Mr. Suffel; seconded by Mr. Glover moves that as the new Municipal Act empowers County Councils to fix t~e amount to be paid by Auctioneers for Licenses it is hereby resolved that the sum to be paid for said Licenses for the County be twelve dollars and that a By-Law be submitted _ in accordance therewith. The Clerk submitted draft of By-Law No. 64 to fix the amount to be paid by Auctioneers for a License for the County. Mr. Suffel seconded by Mr. Dobbie moves that By-Law No. 64 be read a second time. r , Mr. Dobbie seconded by Mr. Maginnis moves that By-Law No. 64 be read a first time. ( Mr. Dobbie seconded by Mr. Suffel moves that By-Law No. 64 be read a third time and finally passed. Mr. Suffel seconded by Mr. Dobbie moves that the Council adjourn until half past one o'clock. Council resumed. Mr. Glover seconded by Mr. Suffel moves that the Treasurers of the several Municipalities be sub 'Treasurers of school monies, that the County Auditors be authorized to audit and report on school accounts of all officers to whom school monies are entrusted and that the County Audi- tors statements of County Accounts in detail be published in sheets and that the Clerk, Warden and Reeve of St. Thomas be a committee on printing said statements and that two hundred copies be printed for circulation. Mr. Cunningham seconded by Mr. Gow moves that tenders be received by the Clerk for the printing required by this Council and that the same be given to the lowest tender. Mr. McCrady, seconded by Mr. McIntyre moves that this Council do now adjourn to allow the Special Committee appointed to investigate the matter connected with the de- falcation of Henry Black late Treasurer of this County to . sit. c c Council resumed. (Cont'd) , '-- ( (Elgin County Council Proceedings, 1852 - 1860) Friday the 28th day of January, 1859 c Mr. Maginnis seconded by Mr. Gow moves that this Council do now adjourn to again meet tomorrow morni~g at 9 o'clock. ,~ ,- William McKay Clerk Levi Fowler Warden c c c c c c. c. (Cont'd) c. ( (Elgin County Council Proceedings, 1852 - l860) Fifth Day Saturday the 29th day of January, 1859 ( The Council met at nine o'clock forenoon. ( The Warden in ,the Chair. Messrs. McDiarmid Cunningham Gow Decow Brown McIntyre Bullock Members present Maginnis Chambers Suffel Glover Dobbie McCrady Miller ( c The proceedings of the previous day were read and signed. Mr: Dobbie seconded by Mr. Brown, moves that this Council pass a By-Law to confirm By-Law No. 140 passed by the Municipality of the Township of Bayham for the purpose of disposing of the original allowance for road between Lots Numbers fifteen and sixteen in the North half of the ninth concession of the said Township and that a By-Law be submitted in reference thereto. c The Clerk submitted draft of By-Law No. 65 for the purpose of confirming By-Law No. 140 of the Municipality of the Township of Bayham. Mr. Bullock seconded by Mr. Millar moves that By-Law No. 65 be read a first time. Mr. Suffel, seconded by Mr. Dobbie moves that By-Law No. 65 be read a second time. Mr. Dobbie seconded by Mr. Suffell moves that By-Law No. 65 be read a third time and finally passed. Mr. ~uffel, seconded by Mr. Glover moves that the Council adjourn in order that the Special Committee appointed to enquire' into the defalcation of the late Treasurer may sit. The Council resumed. (, ( ( Mr. Dobbie, seconded by Mr. Suffel moves that the report of Special Committee appointed to investigate the affairs of Henry Black the late Treasurer pe'received. (Cont'd) l ( --_.~ ,-----~ - - ---'._-- ~ ---~ -- (Elgin County Council Proceedings, 1852 - 1860) Saturday the 29th day of January, 1859 Mr. McCrady, seconded by Mr. Glover moves that this Council go in Committee of the whole ?n said report. The Council went into Committee of the whole, Mr. Dobbie in the Chair. The Council resumed. The Chairman of Committee of the whole reported that the Committee of the whole adopted the report without amendment. Mr. McCrady, seconded by Mr. Glover moves that the report of the Special Committee just read be adopted with- out amendment. Mr. Suffel, seconded by Mr. Dobbie moves that the members and messenger of this Council receive the sum of one dollar and fifty cents per day for attendance and ten cents per mile travelled in going to and from meetings of Council.' - On motion the Council adjourned till 9 March in second day of Sessions of the Peace. W. McKay Clerk Levi Fowler Warden (Cont'd) .- C c c c , ~- c c c - y+)I - (Elgin County Council Proceedings, 1852 - 1860) SECOND SESSION 1859 Wednesday the 9th day of March, 1859 ( The Council met according to adjournment. The Warden in the Chair. Members present Messrs. Cunningham McDiarmid Gow Decow Brown Miller Bullock McGinnis Chambers Glover Suffel McCrady McIntyre The proceedings of the last day of the previous session were read and authorized to be signed. The following communications were then read: c Report of County Auditors. County Treasurer's statement for February. Memorial of the Grand Division of the Order of the Sons of Temperance of Canada West. Detailed statement, receipts and disbursements 1858. County Treasurer's repor~ in reference to lands sold :for taxes. From John Wilson in reference to Chancery suit. ' , , From Thomas Brown making application for office of Inspector of Weights and Measures. , From George Macbeth Esquire, M.P.P. acknowledging receipt of petition presented to the Legislature. From R. A. Hanison in reference to Municipal Reports about to be published. Mr. Millar presented peti~ion of John McNeal and others, inhabitants of Yarmouth and Southwold in reference to the disposal of part of the Town line between Yarmouth and Southwold. c (Cont'd) c " (Elgin County Council Proceedings, 1852 - i860) Wednesday the 9th day of March, 1859 ( Mr. McCrady, seconded by Mr. Suffel moves that the petition of John McNeal and others be not received. Carried. I In amendment Mr. Miller ~oved, seconded by Mr. Bullock that the petition now submitted in reference to the dis- posal of the Town line between Yarmouth and Southwold be laid over till further information be obtained on the sub- ject and that the parties interested procure report of the County Engineer on the matter. Amendment lost and the original motion was carried, after which c Mr. Suffel moved, seconded by Mr. McCrady that Thomas Brown of St. Thomas be appointed Inspector of.Weights and Measures for the West Riding including the Villages of St. Thomas and Port Stanley and J. P. McDonald of Vienna be appointed Inspector for the remainder of the East Riding of.the County. . Carried. c Moved by Mr. SUffel, seconded by Mr. Glover that the Clerk of this Council be requested to procure and furnish to the Inspectors of Weights and Measures, one set of weights, measures and stamps which may be required by them in the fulfilment of their duties at the expense of the County. Carried. ( Moved by Mr. McCrady, seconded by Mr. Suffel that By-Law Number 35 regulating the licensing of Hawkers and Pedlars be so amended that Foot Pedlars pay six dollars, Pedlars with one horse and wagon twelve dollars and with two horses eighteen dollars. The Clerk submitted By-Law Number 66 ,regulating the amount to be paid to members of Council for their atten- dance. c Moved by Mr. Glover, seconded by Mr. Suffel that By-Law Number 66 be read a first time. c Moved by Mr. Suffel, seconded by Mr. Glover that By-Law Number 66 be read a second time. (Cont'd) ( ( (Elgin County Council Proceedings, 1852 - 1860) Wednesday the 9th day of March, 1859 ( Moved by Mr. McCrady seconded by Mr. Maginnis that By-Law Number 66 be read a third time and finally p~ssed. Moved by Mr. Suffel, seconded by Mr. Glover that in addition to the amount allowed by Law for members wages the sum of fifty cents extra be paid'them per day for their attendance. Carried. (! Moved by Mr. Suffel, seconded by Mr. Glover that John McLean, Local Superintendent of Schools for the East Riding be requested to appear before the Council and make statement as to the duties performed by him and what amount he has received. Carried. Moved by Mr. McCrady, seconded by Mr. Suffel that Dr.. Vanbuskirk be appointed Surgeon of the Goal. Carried. In amendment it was moved by Mr. McIntyre, seconded by Mr. Decowthat Dr. Southwick be appointed appointed Surgeon of the Goal. Lost. The amendment was lost, original motion carried. Moved by Mr. Bullock, seconded by Mr. J. Chambers that in accordance with the Memorial of the Grand Division of the Order of the Sons of Temperance of Canada West this Council'do Petition the Legislature of Canada to enact a stringent prohibitory Liquor Law for this Province. Carried. c Moved by Mr. McCrady, seconded by Mr. Suffel that all accounts not authorized to be paid by statute By-Law or Order in Council be submitted to and passed by the Finance Committee of this Council before-being paid by the County Treasurer and he be furnished with a copy of this resolution. c Moved by Mr. Suffel and seconded by Mr. McCrady that it be one of the standing rules of this Council when there is a division on any motion before' them that the yeas and nays be recorded. c (Cont'd) . C (Elgin County Council Proceedings, 1852 - l860) Wednesday the 9th day of March, 1859 c Carried unanimously. Moved by Mr. McCrady, seconded by Mr. Maginnis that this Council do now adjourn to allow the Finance Committee to sit and the Council to meet at nine o'clock tomorrow morning. c William McKay Clerk Levi Fowler Warden c c c c ( c c. (Cont'd) ( - 353 - (Elgin County Council Proceedings, 1852 - 1860) SECOND SESSION 1859 (-, . Second Day Thursday the lOth day of March 1859 The Council met. The Warden in the Chair. Members present Messrs. Cunningham McDiarmid Gow Decow Brown Miller McCrady McIntyre Bullock Maginnis Chambers Glover Suffel The proceedings of the previous day were read and authorized to be signed after which it was moved by Mr. McCrady, seconded by Mr. Suffel that the County Treasurer be authorized to withhold payment of the accounts for the administration of Justice Criminal until he has received that port'ion of -the amount which is paid by the Government. Motion carried. On motion the Council adjourned for an hour. The Council resumed. Mr. SUffel, Chairman of Finance Committee submitted report which was read after which it was Moved by Mr. SUffel, seconded by Mr. Brown that the Report of the Finance Committee be received and adopted. Carried. Yeas: Messrs. McDiarmid, McInytre, Bullock, Glover, 'Brown, Maginnis, Suffel, Miller and Cunningham Nays: Messrs. McCrady, Gow and Decow C In amendment, moved by Mr. McCrady s~conded by Mr. Gow that the report of the Finance Committee be amended so far as relates to receiving the resignation and payment of Mr. McLean and that the same be laid over until the next session of this Council. ( (Cont'd) C -'.J' (Elgin County Council Proceedings, 1852 - i860) Thursday the 10th day of March 1859 .( Lost. Yeas: Messrs. McCrady and Gow Nays: Messrs. McDiarmid, McIntyre, Bullock, Glover, Brown, Suffel and Miller ( In amendment second it was moved by Mr. McCrady, seconded by Mr. Gow that the application of Colin Munro for the sum of $73.37~ for office furniture be struck out of said report. " Yeas: Messrs. McCrady, Gow, Decow, Cunningham Nays: Messrs. Miller, Suffel, Brown, Glover, Chambers, Bullock, McIntyre, McDiarmid, McGinnis c Amendments lost, original motion carried. Moved by Mr. McCrady, seconded by Mr. Decow that Thomas Brown be appointed Keeper of the Court House in conformity with the Act 22, Vic. Chapter 99, Section 399. c Motion carried. Yeas: Messrs. McDiarmid, McIntyre, Bullock, Decow, SUffel, Gow, Glover, Umginnis, McCrady, Brown and Miller c Nays: Messrs. Chambers and Cunningham In amendment it was moved by Mr. Cunningham, seconded by Mr. Chambers that John King be appointed Keeper of the Court House. ' c Yeas: Cunningham and Chambers Nays: McDiarmid, McIntyre, Bullock, Decow, ~ow, Glover, Maginnis, McCrady; Brown, Suffel, and Miller. . c Amendment lost, original motion carried, after which it was Moved by Mr. Suffel, seconded by Mr. Miller that the Warden be authorized to sign drafts for payment of the accounts adOpted by the Finance Committee as mentioned in their report. c (Cont'd) ( c - _._-~------_.~._-_ .;0._ _ JJJ (Elgin County Council Proceedings, 1852 - 1860) Thursday the lOth day of March l859 (- Motion carried. Yeas: Messrs. Miller, SUffel, Brown, Maginnis,' Glover, Cunningham,' Bullock, McIntyre and McDiarmid' Nays: Messrs. McCrady, Gow and Decow , . r The Clerk submitted draft of By-Law No. 67 appointing Surgeon to the Gaol which was read, after which it was Moved by Mr. McCrady, seconded by Mr. Glover that By-Law Number 67 be read a first time. C \ Carried. Moved by Mr. Suffel, seconded by Mr. Miller that By-Law Number 67 be read a second time. Carried. Moved by Mr. Cunningham, seconded by Mr. Gow that By- Law No. 67 be read a third time and finally passed. Motion carried, after which it was Moved by Mr. SUffel, seconded by Mr. Miller that John King,Jailer be allowed thirty cents per day 'for Boarding the prisoners confined in the Ja~l and 75 cents per dozen for washing and mending clothes for the prisoners and bedding belonging to the Jail for the space of three months. Motion carried. ( ~ Mr. Miller presented petition of Thomas McCabe and others of the Township of Southwold in reference to a gravel pit on the ToWn line between Yarmouth and Southwold which was'read after which it was ' . Moved by Mr. Brown, seconded by Mr. Miller that the petition of Thomas, McCabe and others be received. Carried. Moved by Mr. Brown, seconded by Mr. Miller that James Begg be appointed overseer of that part of the Town line between Yarmouth and Southwold adjoining Lot Number 4} South of Talbot Road in Southwold and that he be requested to protect the Gravel from being removed qO as to endanger travelling on said Town line.' c (Cont'd) c -'-' - (Elgin County Council Proceedings, 1852 - i860) Thursday the lOth day of March 1859 r Carried. The Clerk submitted draft of By-Law No. 68 to appoint Inspectors of Weights and Measures. Moved by Mr. Miller, seconded by Mr. McDiarmid that By-Law Number 68 be read a first time. Carried. c ( Moved by Mr. Brown, seconded by Mr. Miller that By-Law that By-Law No. 68 be read a second time. Carried. Moved by Mr. Miller, seconded by Mr. Bullock that By-Law Number 68 be read a third time and finally passed. Carried. c Moved by Mr. Glover, seconded by Mr. Chamber that the resolution passed by this Council appointing the Keeper of the Court House be rescinded. c In amendment it was moved by Mr. McCrady, seconded by Mr. Gow that the resolution now before this Council be laid over,till tomorrow morning. Amendment carried, original motion not put. Moved by Mr. Miller, seconded by Mr. Decow that this Council do now adjourn till 9 o'clock tomorrow morning. c William McKay Clerk Levi Fowler Warden c l (Cont'd) c. l ~~-'~._-.....,..-~.,.._.____.....,......--__-,-'--_"~_ ."""--'-C~--~"-.____.. ---~.-. ~'.'-"--' . - ',- ,," ..-' - " , - ., ' . - . . - - j5l - (Elgin County Council Proceedings, 1852 - '1860) SECOND SESSION 1859 . ('I Third Day Friday the 11th day of March 1859 The Council met at nine o'clock morning. The Warden in the Chair. Members present Messrs. Cunningham McDiarmid Decow Gow BroWn Chambers McIntyre Miller Bullock Maginnis Glover McCrady The proceedings of the previous day were read and authorized to be signed, after which . The Council took into consideration the following resolution laid over from the previous day. Moved by Mr. Glover, seconded by Mr. Chambers that the resolution passed by this Council appointing the Keeper of the Court House be rescinded. ' Yeas: Messrs. McIntyre, Brown, Cunningham, Maginnis, Chambers, Bullock and Glover - 7 Nays: Messrs. McCrady, Gow, Miller, Decow and McDiarmid -.5 Carried by a majority of 2 after which it was Moved by Mr. Glover, seconded by Mr. Brown that John King be appointed Keeper of the Court House for the present year and that he be paid forty dollars per annum for services 'as such Keeper. Yeas: Messrs. McIntyre, Brown, ,Cunningham, Magin~is, Chambers, Glover and Bullock ~ 7 Nays: Messrs. Miller, McCrady, Gow, Decow and McDiarmid - 5 Carried by a majority of 2 (Cont'd) '--- (Elgin County Council Proceedings, 1852 - 1860) Friday the 11th day of March 1859 By-Law No. 69 in reference to Hawkers, and Pedlars was submitted, read a first, second and third time ~d finally 'passed. Moved by Mr. McCrady, seconded by Mr. Decow that the Sheriff be requested to dismiss the Turnkey who costs the County the sum of three hundred and four dollars as the Jailer is competent to perform the whole of the duties required by such Gaol. r c Yeas: Messrs. Brown, Miller, McCrady, Cunningham, McGinnis, Chambers, Gow, Bullock, Decow and McDiarmid - 10 Nays: Messrs. McIntyre and Glover - 2 Carried by majority of 8 Moved by Mr. McCrady, seconded by Mr. Gow that the Clerk be instructed to notify the Treasurer of this Coun- cil that he is to pay no orders which require to be audited by the Government Auditors until such audit takes place other than those that the Law obliges him to pay before such audit. c c Carried. The Warden submitted Copy of Presentment of Grand Jury in Quarter Sessions assembled 10th March 1859 which was read by the Clerk. Mr. Cunningham presented petition of Hector Paterson and J4 others of the Township of Aldborough praying for aid to repair Bridge across the River Thames connecting the Furnival Road ~n Elgin with the Hargarty Road in Middlesex, after which it was' . c c Moved by Mr. McDiarmid, seconded by Mr. Cunningham that the Petition of Hector Paterson and others be recieved. In amendment moved by Mr. Glover, seconded by Mr. Decow that the Petition of Hector Paterson and others laid over till the next session of this Council. be Amendment to motion carried. c Mr. Miller submitted Petition of Samuel Paddon in ' reference to the state of the bridge across Kettle Creek near St. Thomas, after which it was (Cont'd) --,-- ..~.-._,---~~~._....,---.. c.. ~.--. ',-'-- - J::>7 - (Elgin County Council Proceedings, 1852 - 1860) Friday the 11th day of March 1859 Moved by Mr. Miller, seconded by Mr. McIntyre that the Petition of Samuel Paddon be laid over till next meeting of this Council. . c On motion the Warden was authorized to sign draft for members wages and the Council adjourned till the second Tuesday in June. William McKay Clerk Levi Fowler Warden c (Cont'd) L ...., .-.:;-:---;-""" ~.,--,,-_.,,---::,,---~. --- ~ -- (Elgin County Council Proceedings, 1852 - 1860) THIRD SESSION 1859 .' Wednesday the sixth day. of April, 1859 The Council met according to notice issued by order of the Warden for a Special Meeting to consider the expedi- ency of raising money for assisting persons in certain cases to sow their land and for other pruposes. The Warden in the Chair. ( The following members were present: ,0 ,. Messrs. Finaly McDiarmid Cunningham Gow Decow McIntyre Bu110ck Brown Miller Maginnis Chambers McCrady Glover Suffel c ~he proceedings of the last day of the previous session we~e read and signed, after which c The following communications were read: From James Cunningham, Deputy Reeve of Aldboro with proceedings of Public Meeting in that Municipality in reference to aid for raising money to assist persons to sow their land. c From George Macbeth, Esquire M.P.P. three several communication relating to his intercession with the Provincial Government on behalf of this Council to advance 'money on County debentures. ' c From Inspector Generals Department in reference to the supply of food and fuel to the County Gaol. County Treasurers statements for March. From John McLean relating to his late office of Local Superintendent. Auditors Report of School monies and sub Treasurers of school monies in the Couhty~ From James Begg in reference to his appointment of overseer on part of the Town line between Yarmouth and.Southwold. c c (Cont'd) c c - )61. - (Elgin County Council Proceedings, 1852 - 1860) Wednesday the sixth day of April, 1859 . ( From Wilson Mills, Middlesex County Clerk relating to an appropriation to the Wardsville Bridge. ' , . ( From Leon~dus Burwell Esquire, M.P.P. acknowledging receipt of Petition of this Council presented by him to the Legislative Assembly. The Clerk then read the Act lately passed by the Legi- slature to enable County Councils to'raise money for assis- ting persons in certain cases to sow their land and for other purposes, after which it was Moved by Mr. McDiarmid, seconded by Mr. McIntyre that a Committee consisting of the Reeves of the several Town- ships be appointed to take into consideration the propriety of raising a sum of money for the purpose of procuring seed grain for persons who may not otherwise be able to procure the same in their several Municipalities and that they report forthwith, after which . . The Council adjourned for half an hour. Resumed. Mr. McCrady, Chairman of Committee appointed to consider the expediency of granting aid for the purpose of procuring seed grain submitted report which was read and received. Moved by Mr. Cunningham, seconded by Mr. McDiarmid that the report now before the Council be so amended as to read three. thousand dollars in place of two thousand dollars for Aldborough. Yeas: Messrs. Decow, Cunningham and McDiarmid Nays: Messrs; Gow, McIntyre, Miller, Bullock, Chambers, McInnis; Suffel, Glover, Brown, arid McCrady Motion lost and the Report of the COmmittee adopted without amendment. Moved by Mr. Glover, seconded by' Mr~ Suffel and resolved that this Council memorialize the Legislature regarding the large liabilities of the various Munici- palities of Upper Canada which have borrowed under the Municipal Loan Fund Act and otherwise fOr the purpose of taking stock in Railways which yield no dividends and adopt measures for their relief. (Cont'd) --_..- .- --~- . . - .JVc., - (Elgin County Council Proceedings, 1852 _ i860) Wednesday the sixth day of April, 1859 ,( Yeas: Messrs. McCrady, Glover, SUffel, Maginnis, Bullock, Miller and McIntyre - 7 Nays: Messrs. Decow, Cunningham, Gow, Brown, McDiarmid and Chambers - 6 ( Motion carried by majority of 1 The Clerk read draft of Petition to, the Legislature. Moved by Mr. Glover, seconded bySuffel that E. Ermatinger be called upon to address the Council in reference to the subject now before the Council. , . Mr. Ermatinger being present addressed the Council. Moved by Mr. McCrady, seconded by Mr. Glover that the thanks of this Council are due to E. Ermatinger Esquire for the satisfactory statement made to this Council regarding the liabilities of several Municipalities for taking stock in-Railways arid other public works. The Clerk informed the Council that he had just received~a telegraph from Mr. Macbeth making enquiry regarding the amount required from the Government on account of the seed loan Bill. c c On motion the Council adjourned till nine o'clock tomorrow morning. c William McKay Clerk Levi Fowler Warden (Cont'd) l - jOj - (Elgin County Council Proceedings, 1852 - 1860) ,.. THIRD SESSION 1859 Thursday the 7th day of April, 1859 The Council met at 9 o'clock morning. The Warden in the Chair. ( Members present Messrs. McDiarmid Cunningham Decow Browri Mc In tyre Suffel Gow' Miller Bullock Maginnis Chambers McCrady Glover The proceedings of the previous day were read and authorized to be sign~d. The Warden informed the Council that the sum of seven thousand dollars is still due from several of the Munici- paiities on account of County Rates, after which Mr. 'Suffel, secon~ed by Mr. Glover moves that the several Municipalities in arrear for County Rates be required to pay the same by the first day of May next otherwise pay the same rate of interest that the County has to pay for any balance that may remain unpaid at that time. (. Yeas: Messrs. Glover, SUffel, Maginnis, Chambers, Bullock, Miller, McIntyre, Cunningham and McC rady Nays: Messrs. Decow, McDiarmid Gow and Brown . In amendment Mr. McDiarmid, seconded by Mr. Decow moves that the defaulting Municipalities be requested to pay all arrears by the first day of May next if not then paid, the amount t9 be enforced. Yeas and nays on amendment as follows: Yeas: Messrs. Decow, McDiarmid, Gow and Brown Nays: Messrs. Glover, Suffel, Maginnis, Chambers, Bullock, Miller, McIntyre, Cunning~am and 'McCrady , c (Cont'd) - --._~_"_,., --- '-"'-~ - ---~-- '----'- -.-------.,-,.,----~'C'..-_._'_~.. :-- ..J-..J (Elgin County Council Proceedings, 1852 - 1860) Thursday the 7th day of April, 1859 r exists in the payment of the interest by the Municipalities which have borrowed under the Municipal Loan Fund Aqt. Moved by Mr. Cunningham, seconded by Mr. Decow that owing to the depressed condition of the Agricultural and other classes of rate payers of this County it is expedi- ent to consolidate the debt of this Couniy with a view to lessen the present burthen of taxation. Yeas: Messrs. Cunningham, Decow and McDiarmid - 3 Messrs. Gow, Brown, McIntyre, Miller, Bullock, BUllock, Chambers, Maginnis, Suffel, Glover ' and McCrady - 10 Nays: Motion lost. (' Moved by Mr. Cunningham, seconded by Mr. McDiarmid that the Warden be authorized to negociate the debentures to be issued under By-Law No. 70 with the Government or other parties willing to advance money on such debentures. c: Moved by Mr. McDiarmid, seconded by Mr. Decow that this Council tender a vote of thanks to George Macbeth, Esquire, M~P.P. for the West Riding of the County for Parl~amentary papers transmitted for'the use of the mem- bers of Council and also for the prompt attention he has exhibited on'all occasions when matters connected with the interests of the County have been intrusted to him. The Clerk then read several communications from Mr. Wilson in reference to the Chancery Suit. ( Mr. Glover, seconded by Mr. Suffel moves that the Warden, Mr. Decow, Mr. McCrady and the Clerk be appointed a Committee to make arrangements for the final settlement of the Suit now pending Leonard vs. Bla.ck and others and that said Committee be 'authorized to make any arrangements they may consider most advan~ageous to the,County. , Moved by Mr. McCrady, seconded by Mr. Suffel, that the Warden be authorized to sign cheque for members wages. Moved by Mr. McCrady, seconded by Mr. Suffel that this Council adjourn till the second Tuesday of June. ( ( ( William Mc~y Clerk Levi Fowler Warden (Cont'd) c c - JOO - (Elgin County Council Proceedings, 1852 - 1860) FOURTH SESSION 1859 Tuesday the 14th day of June, 1859 . (' The Council met at 12 o'clock noon pursuant to notice in accordance with adjournment. The Warden in the Chair. Members present McDiarmid Cunningham Gow Chambers Maginnis A quorum not being present the Council adjourned for one hour. Messrs. McIntyre Miller Bullock Glover The Council resumed. Members present Messrs. McIntyre Miller Bullock Glover McCrady Maginnis Suffel Brown Gow Brown Chambers Cunningham McDiarmid Decow The proceedings of the previous session were read and signed. The Warden addressed the Council. The Clerk read three several communications from Mr. Wilson relating the Chancery Suit. The Clerk also read a statement of the Common School apportionment Legislature Grant for the current year. Report of the County Treasurer on the financial state of the County and estimate required for the year was read by the Clerk. Mr. McCrady, seconded by Mr. Suffel moves that a Com- mittee to be composed of the Reeves be appointed to equal- ize the Assessment Rolls of the several Municipalities com- prised within this County. (Cont'd) ~ : -~~-----..,....., -.-- , . - JOt - (Elgin County Council Proceedings, 1852 - 1860) Tuesday the 14th day of June, 1859 The Chairman of the Special Committee-appointed to examine and report on the Chancery Suit submitted report which was read, after which Mr. Glover moves, seconded by Mr. Suffel that the report of the Special Committee now before this Council be received and adopted. Moved by Mr. McCrady, seconded by Mr. Chambers that this Council do now resolve itself into a Committee of the whole to consider the propriety of treating with Mr. Leonard, relative to the late Chancery Suit. The Council were put into Committee of the whole. Mr. McDiarmid in the Chair. ( The Council resumed, after which Moved by Mr. Glover, seconded by Mr. Suffel and resolved that the Warden, Messrs. McCrady, Decow and the Clerk of this Council be reappointed a Committee to con- fer with Mr. Leonard with a view to a final settlement of all matters connected with the defalcation of the late Treasurer. Moved by Mr. Suffel, seconded by Mr. Glover that this Council adjourn till tomorrow morning at nine o'clock. c: William McKay Clerk Levi Fowler Warden c (Cont'd) c - )btl - (Elgin County Council Proceedings, 1852 - 1860) FOURTH SESSION 1859 Second Day Wednesday the 15th June. 1859 ( The Council met at nine o'clock forenoon. The Warden in the Chair. Members present Messrs. McCrady Glover Chambers Maginnis Suff'el Cunningham Decow Gow Brown McIntyre Bullock McDiarmid Dobbie Miller c The proceedings of the previous day were read and authorized to be signed, after which Mr. DObbie, seconded by Mr. McCrady moves that the Council adjourn for an hour to enable the Finance Com- mittee to- meet. The Council resumed. The Chairman of Standing Committee on finance sub- mitted report which was read, after which Mr. Cunningham moved, seconded by Mr. Brown that the report of Finance Committee be received and adopted. Carried. c On motion the Council adjourned for one hour. Council resumed. Mr. McCrady presented petitions of E.Gullver and John Learn and others, inhabitants of Yarmouth and South Dorchester in reference to the disposal of ,part of the Township line between Yarmouth and South.Dorchester, after which Mr. Miller moved, seconded by Mr. McDiarmid that the petitions of Edwin Cullver, John Learn, George Durdle and other$ be received, after which (Cont'd) - JO~ - (Elgin County Council Proceedings, 1852 _ i860) Wednesday the 15th June, 1859 . ( Mr. McCrady moved, seconded by Mr. Miller that in compliance with the petitions of Edwin Cullver and ~ohn Learn a~d of George Durdle, Robert'Michael, William Luton and others whereby the said Edwin Cullver and 'John Learn claim by and under authority of the J18 Section o~ the Act 22 Victoria, Chapter 99 that portion of the Township line between Yarmouth and South Dorchester adjoining the 12th concession of the said Township of South Dorchester and that this Council dispose of said road allowance to the said Edwin Cullver and John Le~rn by'their com- plying with certain conditions entered into between'the said Edwin Culver and John Learn and R. Dexter; '. ( Motion lost. Yeas: Messrs. McCrady, Decow, Gow and Miller _ 4 c Nays: Messrs. SUffel, Glover, Brown, Maginnis, DObbie, Cunningham, McDiarmid, McIntyre, Chambers and Bullowk - 10 In amendment moved by Mr. SUffel, seconded by Mr. Dobbie that the parties making appl~cation for a part of the Town 'line between Yarmouth and South Dorchester com- ply with the Statute by advertising and publishing a notice of the application to be made for the same as required by Law. ' The amendment was carried and the original motion lost. c c The yeas and nays were taken on the amendment as fol- lows: c Yeas: Messrs. Brown, Maginnis, Glover, Dobbie, McDiarmid, Cunningham, McIntyre, Chambers, Bullock and Suff'el - 10 Nays: Messrs. McCrady, Decow, Gowand Miller. Moved by Mr. McCrady, seconded by Mr. Decow that this Council pay the expenses incurred in procuring Surveyors Report and advertising notice of apPlication-relating to road allowance. c Motion lost. c. (Cont'd) -~:":--:;------:7-::--~.-:-_~~~-~--:-:~----'-~~'?~-"'-"'-"-:--~-7 c. ---'---.__..._~-- .-- - - , '-. - ::f/U - (Elgin County Council Proceedings, 1852 - 1860) Wednesday the 15th June, 1859 .. Yeas: Messrs. McCrady, Glover, Decow,and Gow - 4 Nays: Messrs. Brown, Maginnis, SUffel, Dobbie, McDiarmid, Miller,Cunningham, McIntyre, Chambers and Bullock - 10 c Moved by Mr. Decow, seconded by Mr. Cunningham that this Council appropriate the sum of two thousand six hun- dred and thirty-six dollars with interest at ten per cent payable as follows: one fourth in 1859, one fourth in 186~one fourth in 1861 and one ~ourth in 1862 to be paid to the Committee of the McIntosh Bride and it was' Moved by Mr. Cunningham, seconded by Mr. Decow that Messrs. Willey, Clark; and Tait be heard before this Coun- cil in reference to said bridge. Messrs. Willey, Clark and Tait addressed the Council. In amendment moved by Mr. Glover, seconded by Mr. Cunningham that the application for an appropriation towards the McIntosh Bridge across the River Thames be referred to the Committee on Public Improvements and that said Commit- ,tee repor~ on the same tomorrow morning. Motion carried. Moved by Mr. McCrady, seconded by Mr. Dobbie that this Council do now adjourn to enable the Committee appointed to confer with Mr. Leonard to meet. William McKay Clerk Levi Fowler Warden (Cont'd) .__._-~----_. _~_._~ __... ~_~"""""""_.,~_.~____'--:---:_ . ""-'_"___~_'---'_7"" .-,- (Elgin County Council Proceedings, 1852 _ 1860) FOURTH SESSION 1859 . ( Third Day Thursday the 16th day of June, 1859 ,- , The Council met at 9 o'clock forenoon. The Warden in the Chair. The proceedings of the previous day were read and signed. c Messrs. Suffel Glover McCrady Maginnis Chambers Decow Cunningham Members present Miller Bullock McIntyre Brown Gow McDiarmid Dobbie c The Clerk read copy of presentment of the Grand Jury. The Chairman of Special Committee appointed to equal~ ize the Assessment Rolls submitted report, after which it was c Moved by Mr. Glover, seconded by Mr. Miller and re- solved that the report of the Committee on equalization of assessments be received and adopted. . c In amendment Mr. McCrady moved, seconded by Mr. Chambers that the Report of the Committee appointed to equalize ,the Assessment Rolls be so amended that the Assessment Rolls as returned to this COuncil be the Equalization. The amendment was carried and the original motion lost. The yeas and nays were taken on the amendment as fol- lows: c c Yeas: Messrs. McCrady, Gow, McDiarmid, Brown, Maginnis, Decow and Chambers - 7 Nays: Messrs. Glover, SUffel, Dobbie, Miller, McIntyre and Bullock - 6 ' Amendment carried by a majority of 1 (Cont'd) c L . c - 372 - (Elgin County Council Proceedings, 1852 - 1860) Thursday the 16th day of June, 1859 ~ On motion the Council adjourned for an hour. The Council resumed. ( Mr. M. T. Moore presented account. Moved by Mr. ,McCrady, seconded by Mr. Dobbie that the account of Mr. Moore amounting to ~ 58.13.5 for money paid by him to the Sheriff f~r certain lands in 'the Township of Aldborough sold in error be paid and that the County Treasurer'be instructed to retain the amount so'paid out of any moni.es nowarhereafter to be in his hands belonging to the said Municipality.' Carried. ( Yeas: Messrs. Maginnis, Glover, Suffel, Miller, Dobbie, McCrady, Brown, Bullock and McIntyre - 9 Nays: Messrs. McDiarmid, Cunningham, Gow and Chambers - 4 (, In amendment Mr. McDiarmid, seconded by Mr. Cunningham moves that Mr. Moore's account be paid by the Township of Aldborough with interest so far as it relates to the amounts of arrears of taxes paid by Mr. Moore on certain lots sold to him provided he assigns his claim to the Corporation of Aldborough on the lots for which he now holds Deeds from the Sheriff and that the County pay Mr. Moore's legal expenses. The amendment was lost and the main motion carried. ( The yeas and nays were taken on the amendment as fol- lows: Yeas: Messrs. McDia~mid, Cunningham, Gow and Chambers - 4 . Nays: Maginnis, Glover, Suffel, McIntyre, Dobbie, McCrady" Brown, Bullock anu Mii~er - 9 Moved by Mr. McCrady, seconded by Mr. Dobbie that the County Treasurer be and is hereby instructed at the time of paying to Mr. Moore the order of this Council for ~ 58.13.5 for certain lots of land that is to say, the East part of lot 22 in B Concession, front part of lot (Cont'd) \., _n J (Elgin County Council Proceedings, 1852 - 1860) Thursday the 16th day of June, 1859 ~ , No. 7 in the 9th Concession and the East part of lot ~ in Concession B in the Township of Aldborough and before said money is paid, Mr. Moore or his legal agen~ is required to execute,and deliver to the said County Treasurer on behalf of the Corporation of Aldborough, an assignment of the above mentioned lots or a true claim Deed of the same in accordance with the Deeds now held by him for said lands. c Carried. c Yeas: Messrs~ Maginnis, Glover, SUffel, Miller, DObbie, Chambers, McCrady, Bullock, McIntyre and Brown - 10 ' Nays: Messrs. McDiarmid, Cunningham and Gow - 3 c Moved by Mr. SUffel, seconded by Mr. Glover that the decision in reference to the equalization of the Assess- ment Rolls be reconsidered and referred back to the Com- mit~ee for that pUrpose. Carried. c Yeas: Messrs. Maginnis, Glover, SUffel"Miller, Decow, Dobbie, Cunningham, Brown, Bullock and McIntyre - 10 ' c Nays: Messrs. McCrady, McDiarmid, Gow and Chambers - 4 Mr. Leonard appeared before the Council and made the following verbal proposition relating to the Chancery Suit: I propose to divide equally with the County and my- self, Mr. Black's property now in dispute between us or all Black's property covered by Lipseys Execution including Bank Stock and all Judgements prior there- to against said property to be borne equally and each party pay their own costs, after which c. Moved by Mr. Cunningham, seconded by Mr. Gow that this Council call on Mr. Lipsey for the amount now in the Sheriff's hands and that the Suit with Leonard be con- tinued without compromise. ' ,- ~ (Cont'd) \. c. - 374 - (Elgin County Council Proceedings, 1852 - 1860) Thursday the 16th day o~ June, 1859 In amendment Mr. Glover moved. seconded by'Mr. Suffel that this Council considers it expedient that the Chancery Suit be settled according to the proposition made by' Mr. Leonard. ( The amendment was carried and the original motion lost. The yeas and nays were then taken on the amendment. Yeas: Messrs. Maginnis, Glover, Miller, SUffel, Bullock, Decow. Dobbie, Chambers, Brown and McIntyre - 10 Messrs. Cunningham, Gow, McCrady and McDiarmid - 4 Amendment carried by a majority of 6 Moved by Mr. Glover, seconded by Mr. Suffel that the Warden and Mr. Decow be appointed to accompany Mr. Lipsey to London for the purpose of 'closing the matter of the Chancery Suit with Mr. Leonard according to the proposi- tion,made. Nays: ( Moved by Mr. Cunningham. seconded by Mr. Gow that this Council adjourn till nine o'clock tomorrow morning. c William McKay Clerk Levi Fowler Warden (Cont'd) '- - J(:J - (Elgin County Council Proceedings, 1852 - i860) Fourth Day Friday the 17th day of June, 1859 The Council met at nine o'clock forenoon. c The Warden in the Chair. Members present Messrs. McCrady Magirinis Glover Chambers Bullock Miller Suffel McIntyre Brown Gow Decow Cunningham McDiarmid r ~ The proceedings of the previous day were read and authorized to be signed, after which Mr. Brown, seconded by Mr. Miller, moves that Solomon Thompson be appointed Overseer of the Bridge on the Talbot Road between Yarmouth and Southwold and that Angus McIntosh be appointed overseer of the Gravel Pit on the Township line between Yarmouth and Southwold in front of Mr. McCabes farm and that James Philpott be appointed overseer of the Gravel Pit on the Town line between Southwold and Dunwich West from Iona to the River Thames. c The Chairman of the Special Committee appointed to equalize the Assessment Rolls presented second report which was read, after which it was Moved by Mr. Glover, seconded by Mr. Miller and re- solved that the second report of the Committee on Equali- zation of Assessments be received and adopted. Carried. Yeas: Messrs. McIntyre, BUllock, Maginnis, Glover, Suffel ,and Miller - 6 ,~ ~ Nays: Messrs. McDiarmid, Cunningham, McCrady, Gow, Chambers and Decow - 6 ' Motion carried by casting vote of Warden. (Cont'd) ( '-- c -.-.--,- --- ~.-.---- --,.. -.- _. - -..- - 376 - (Elgin County Council Proceedings, 1852 - 1860) Friday the 17th day of June, 1859 Moved by Mr. Suffel, seconded by Mr. Miller that this Council adjourn for an hour until half past one o'clpck. c Carried. The Council resumed. The Clerk submitted draft of By-Law No. 71 to author- ize the raising an,amount for Common Schools equivalent to the Legislative appropriation. Moved by Mr. SUffel, seconded by Mr. Bullock that By-Law No. 71 be received and read a first time. Carried. Mr. Glover moveg, seconded by Mr. Suffel that By-Law No. 71 be read a second time. Carried. Moved by Mr. SUffel, seconded by Mr. McDiarmid that By-Law No. 71 be read a third time and finally passed. Carried. The Clerk submitted draft of By-Law No. 72 to raise certain amounts for the general expenditure and liabili- ties of the County for the current year. Moved by Mr. Glover, seconded by Mr. Suffel that By- Law No. 72 be received and read a first time. Carried. Moved by Mr. McIntyre, seconded by Mr. Bullock that By-Law No. 72 be read a second time. Carried. Moved by Mr. Brown, seconded by Mr. Glover that By- Law No. 72 be read a'third time and finally passed. Moved by Mr. Suffel, seconded by Mr. Glover that By- Law No. 69 in reference to Hawkers and Pedlars be received and read a first time. c. (Cont'd) \.- .--,--.--:----:-~_____..___:___..,.--.-..-- .,_____..,_~_~~-_______ __0;_ ~ ;. , (Elgin County Council Proceedings, 1852 _ 1860) Friday the 17th day of June, 1859 . c Moved by Mr. McDiarmid, seconded by Mr. Brown that By-Law No. 69 be read a second time. Carried. c Moved by Mr. Bullock, seconded by Mr. McIntyre that By-Law No. 69 be read a third time and finally passed. Carried. ,.. " Moved by Mr. Suffel, seconded by Mr. Glover that the Clerk be authorized to procure a further supply of blanks for the use of the Magistr~tes in the County. Carried. ( Yeas I Messrs. Suffel, Glover, McDiarmid, Bullock and McIntyre - 5 ' Nays: Messrs. Brown, Maginnis, Chambers, Cunningham and Gow. - 5 Motion carried by casting vote of Warden. The Clerk submitted sub Treasurers Bonds with sureties for school monies in the several Township Municipalities in the County which were approved of by the Council. Moved by Mr. Suffel, seconded by Mr. Glover that Mr. King, Jailer be allowed the same rate for boarding and ~ashing for prisoners confined in the Jail which he has had for the last three months viz. thirty cents per day for boarding and 75 cents per doz. for washing. Carried. c c c Moved by Mr. McDiarmid, seconded by Mr. Suffel that an increase of fifty pounds be added to the salary of the County Treasurer after the first of July next; Carried. Yeas: Messrs. Bul19Ck, Decow, McDiarmid, Gow, Glover, Suffel and Miller - 7 Nays: Messrs. McIntyre, Brown, Chambers, Maginnis, Cunningham and McCrady - 6 ' c (Cont'd) c - jl~ - (Elgin County Council Proceedings, 1852 - 1860) Friday the 17th day of June, 1859 .' The Chairman of Standing Committee on,Public Improve- ments submitted report which was read, after which it was Moved by Mr. Decow, seconded by Mr. Bullock that the report of Standing Committee on Public Improvements be received. - /"' '- Carried. Moved by Mr. Glover, seconded by Mr. McDiarmid that the report of Committee on Public Improve~ents be adopted. In amendment, Mr. Suffel moved, seconded by Mr. Miller that the Report of Standing Committee on Public Improvements be referred to Committee of the whole. Carried. The Council went into Committee of the whole accordingly. Mr. McCrady in the Chair. The Council resumed and the Warden took the Chair. The Chairman reported that the Committee had gone through the, report and directed him to report the same with the following amendments, namely that the ap~ropri- ation to the McIntosh Bridge be $200 in place of $400 and that the appropriation to 'the Wardsville Bridge be'$lOO in place of $400. - , On the question of receiving the report as amended in Committee of the whole it was Moved by Mr. Glover, seconded by Mr. McDiarmid that the report of Committee on Public Improvements as amended by theCommitt~e of the whole be received and adopted. In amendment first Mr. Cunningham seconded by Mr. Decow that the report be so amended as to read $200 in place ,of $100 for the Wardsville Bridge. " In amendment secon~ it was,moved by ~r. Mi~ler, seconded by Mr; Suffel that the report of the Committee on Public Improvements be amended by inserting the appro- priation for the McIntosh Bridge as one hundred dollars in place of $200. (Cont'd) , 1..- (Elgin County Council Proceedings, 1852 _ 1860) Friday the 17th day of June, 1859 The first and second amendments were then put and lost. The main metion being then put that the report be adopted and the names being called for then were taken down as follows: Yeas: Messrs. Miller, SUffel, Glover, Maginnis, Chambers, Decow, McDiarmid, Bullock; McIntyre and Brown - ,10 Nays: Mes?rs. McCrady, ,Gow and Cunningham _ 3 and the motion was carried. Moved by Mr. Cunningham, seconded by Mr. McCrady that all Magistrates applying to the County Clerk :for blanks, pay for the same the amount paid for printing. Motion lost. Yeas: Messrs. Brown, Maginnis, ~cCrady, Cunningham and'Gow - 5 " ,,' Nays-: Messrs. McIntyre, Bullock, Decow, Miller, McDiarmid, Glover andSuffel -'8 Moved by Mr. McDiarmid, seconded by Mr. Gow that the amount due by Messrs. Love and McIntyre be sued unless the parties give a confession of jUdgement at once. Carried. , c Moved by Mr. McCrady, seconded by Mr. Cunningham and resolved that owing to a difference of opinion by members of this Council relative to the pOwer vested in County Councils under authority of the 318th Section of 22nd Vic. Chapter 99 empowering Councils to transfer old road allowances where no compensation has been paid to parties giving land in lieu of such original road allowance and that previous to the requirements of the 308th-Section of said Act being carried out in the application of Messrs. Cullver and Learn, the Clerk be instructed to obtain ~he opinion of the Attorney General on said Section before advertising the same as it will thereby be a saving of expenses if such advertising is not required. . 'Motion lost. c c c - (., (Cont'd) L - jOU - (Elgin County Council Proceedings, 1852 - 1860) Friday the 17th day of June, 1859 Yeas: Messrs. McCrady, Gow, Cunningham, Maginnis and Chambers - 5 (- , Nays: Messrs. McIntyre, Bullock, Decow, Brown, Miller, McDiarmid, Suffel and-Glover-- 8 Moved by Mr. McCrady, seconded by Mr. Gow that the resolution adopting the second report of the Committee appointed to equalize the Assessment Rolls of the- several Municipalities be rescinded and'that the first report as amended be adopted, as the-Assessment of St. Thomas and Vienna shew a decrease since 1858 of $226,440 while the'whole of the Townships in the County only shew a decrease of ~ 33,860 and to reduce the Assessment of'the said Villages in accordance with the second 'report in the sum of $ 68,000 by adding the same to the Townships would be an unjust proportion. Carried. Yeas: Messrs. Decow, Brown, McDiarmid, Chambers. McCrady, Cunningham and G6w - 7 Nays: Messrs. Miller, SUffel, Glover, Maginnis, Bullock and McIntyre - 6 Motion carried. On motion the Council adjourned Sine die. William McKay Clerk Levi Fowler Warden (Cont'd) ---.----~...,..- ..~..--"'" .-.-.~-~--_._--'--'_.-.-. . -' . . - 381 - (Elgin County Council Proceedings, 1852 - 1860) FIFTH SESSION 1859 Tuesday the 15th day of,November, 1859 ,- , The Council met according to notice given by order of the Warden at 12 o'clock noon. ( The Warden in the Chair. Members present Messrs. Gow Brown McDiarmid Cunningham McIntyre Miller Chambel;'s Maginnis The proceedings of the last day of the previous ses- ' sion were read and authorized to be signed. Dobbie Suffel McCrady Glover ( c The following communications were then read. From the County Council of Oxford with draft of peti- tion to the Legislature in reference to Mill Dams and obstructions to the free passage of fish. From the Department of Public Instruction relating to the postage to be paid on correspondence to that department. From the Southwold Township Council with copy of resolution regarding Bridge across Kettle Creek on Talbot Road. c From the Warden of the County of Perth in reference to intoxicating liquors. From the Warden of the County of Simcoe in reference to the extension of Lunatic Asylum ac~omodation. Returns from the County Treasurer for the months of June, July, August, September and-October. From the Queen's Printer relating to the publishing of the Municipal Laws. ,.. '_/ c. (Cont'd) " '-- l. ;-- (Elgin County Council Proceedings, 1852 - 1860) Tuesday the 15th day of November, 1859 From the Provincial Secretary in reference to the Statutes of last Session. From James Farley, Clerk of the Peace with copies of arders made at the adjourned Court of General Quarter Sessions in relation to auditing of the accounts for supplies to Jail and board of prisoners. From the County Clerks of Middlesex, York and Peel and Northumberland' and Durham relating to the . auditing of accounts for the expenses of supplies for Jails. c From the Inspector General in reference to the payment of two thirds of Gaol expend~ture by the Government. Presentment of Grand Jury Fall assizes relating to the necessity of a female attendant on lunatics con- fined the Jail. ' (' From James Blackwood regarding bridge across Mill Pond. ' c From John Wilson respecting the taxation of account of Chancery costs. ' From the Receiver General relating to returns under the Municipal Loan Fund Act 1859. ' From A. Patrick intimating that Journals and appendices of the Legislative Assembly for the Session of l859 had been forwarded. From Messrs. McLear & Co. Toronto with list of prices of consolidated statutes and other acts for which they are agents;, From County Treasurer with statement of amounts required for immediate liabilities and sums due to Municipalities on account of arrears of Taxes. ' From the County,Council of Huron with copy of report in reference to the abolition of legal collection of small debts. Mr. McCrady, seconded by Mr. Glover moves that a Com- mittee of five be appointed to consider the application of (Cont'd) '", c ~ -,-.-----...---, -.,.-- -~-.-_.,_..- -- .~- --.:----- (Elgin County Council Proceedings, 1852 _ 1860) Tuesday the 15th day of November, 1859 ,~ , James Blackwood in regard to the embankments at his Mill Pond. Moved by Mr. Glover, seconded by Mr. Suffel and resolved that Messrs. McDiarmid, McIntyre, McCrady, Dobbie, and Brown be appointed on Committee to confer with James Blackwood and others in reference to a communication now before this Council. ' ( Moved by Mr. McCrady, seconded by Mr. Glover that this Council do now adjourn until nine ~'clock tomorrow morning to allow the Committee just appointed to meet. " '- William McKay Clerk Levi Fowler Warden ~' '- ( c c (Cont'd) ( ,. -_._---_.,.~- ~._-- . . . . -, . L (Elgin County Council Proceedings, 1852 - 1860) FIFTH SESSION 1859 Second Day Wednesday the 16th day of November 1859 The Council met at nine o'clock morning according to adjournment. The Warden in the Chair. Members present Messrs. Glover Dobbie Suffel McIntyre Brown McCrady Decow Cunningham Maginnis Chambers Miller McDiarmid Gow The proceedings of the previous day were read and authorized to be signed, after which The Warden submitted Mr. Wilson's account for Chancery and other Law costs with the certificate of the taxing officer attached. c The Chairman of Special Committee appointed to report on Mr. Blackwood's communication reported progress and asked leave to sit again. Moved by Mr. McCrady, seconded by Mr. Decow that a Special Committee of five be appointed to investigate and report the amount of costs in connexion with the Suit, Leonards vs. the County of Elgin relative to the defal- cation of Henry Black former Treasurer of this County and that the following members be said Committee, viz. the mover and seconder and Messrs. Suffel, McDiarmid and Chambers. Mr. Suffel moved in amendment, seconded by Mr. McDiarmid that the accounts for costs in reference to the suit, Leonard vs. this County be referred to the Finance Committee in place of appointing a separate committee for that purpose. The question being put on the amendment, the yeas and nays were taken down as follows: c: '- (Cont'd) L (Elgin County Council Proceedings, 1852 - 2860) Wednesday 16th November 1859 Yeasl Messrs. SUffel, Glover, Mille+, McIntyre and'McDiarmid - 5 ' Nays: Messrs. McCrady, Maginnis, Chambers, Decow, Gow, Cunningham, Brown and Dobbie - 8' The original motion being then put, on which the yeas and nays were taken down as follows: ' Yeas: Messrs. McCrady, Glover, SUffel, Decow, DObbie, Maginnis, Chambers, Gow, C~nningham, and Brown - 10 Nays: Messrs. Miller, McDiarmid and McIntyre - 3 Original motion carried and the amendment lost, after which it was Moved by Mr. McCrady, seconded by Mr. Glover that the Clerk be authorized to 'draft a petition to His Excellency the Governor General, praying that he would order the Super- intendent of Fisheries to take steps to require the owners of Mill Dams in the County of Elgin and elsewhere to con- struct said Dams in conformity with the statute so as to allow the fish free passage up the streams flowing to the Lake and Rivers and that the Warden sign said 'petition on behalf of this Council. Carried. c Moved by By-Law No. 73 Moved by By-Law No. n Moved by By-Law No. n The Clerk submitted By-Law No. 73 to appropriate cer- tain amounts for the improvement of the Bridges across the River Thames and the line between Byaham and Houghton. Mr. McDiarmid, seconded by Mr. Decow that be received and read a first time. c Mr. Miller, seconded by Mr. McIntyre that be read a second time. ' Mr. ,McIntyre, seconded by Mr. McDiarmid that be read a third time and finally passed. c Moved by J. M. Cunningham, seconded by Mr. Brown that the Treasurer be authorized to pay to Daniel Decow two hun- dred dollars, being the amount appropriated by this Coun- cil towards the McIntosh Bridge. c (Cont'd) ," \.' c... ~ J""V - (Elgin County Council Proceedings, 1852 -1860) Wednesday 16th November 1859 - ~ Moved by Mr. Glover, seconded by Mr: Dobbie and resolved that the County Treasurer be instructed to pay to the order of the Treasurer of Bayham, one hundred dollars being appropriation made by ,this Council towards the improvement of the County line between Bayham and Houghton and that the same be paid on the certificate of the Reeve of Bayham that the same has been expended. Moved by Mr. McDiarmid, seconded by Mr. Decow that the County Treasurer be authorized to pay the Treasurer of Aldborough the sum of one hundred dollars being the appro- priation of this Council towards the Tepairing of the Wardsville Bridge across the River Thames on certificate of the Reeve of Aldborough that the same has been expended. . c Moved by Mr. Suffel, seconded by Mr. Glover that this Council do now adjourn until two o'clock this afternoon in order that the Finance Committee may meet. Council resumed. Mr. SUffel, Chairman of the Finance Committee sub- mitted report which was read. Moved by Mr. Dobbie, seconded by Mr. Miller that the report of Finance Committee be received and adopted. Carried. Moved by Mr. Brown, seconded by Mr. Cunningham that this Council grant the sum of two hundred dollars in aid of the erection of a new Bride across Kettle Creek on the Talbot Road between the Municipalities of Southwold and St. Thomas and that said amount be paid out of the moneys raised in the year 1860. Motion lost. Yeas: Messrs. Brown, McIntyre, and Miller Nays: Messrs., McCrady, SUffel, Dobbie, Gow, McDiarmid, Maginnis, Chambers,and Cunningham. The Clerk submitted draft of By~Law No. 74 to dispose of a certain portion of the original allowance between Yarmouth and South Dorchester to E. Culver and J. Learn in lieu of travelled road through their land. ( (Cont'd) c - 387 - (Elgin County Council Proceedings, 1852 - 2860) Wednesday 16th November 1859 Moved by Mr. McCrady, seconded by Mr. Glover that By-Law No. 74 be received and read a first time. Moved by Mr. Suffel, seconded by Mr. Glover that By- Law No. 74 be read a second time. Moved by Mr. Dobbie, seconded by Mr. Maginnis that By-Law No. 74 be read a third time and finally passed. Moved by Mr. Miller, seconded by Mr. McIntyre that the Clerk be requested to draft By-Law to approve and confirm By-Law No. 125 of the By-Laws of the Corporation of the Township of Yarmouth, tranSferring to James Armstong and Isaac Minor and old allowance for road laid out and for many years travelled across the north ends of Lots No. 12 and 13 in the third concession of Yarmouth. Carried. , Moved by Mr. Miller, seconded by Mr. Chamber that By-Laws No. 75 confirming said By-Law of Yarmouth to convey said old road across Lots 12 and 13 in the third concession of Yarmouth be rece~ved and read a first time. Carried. Moved by Mr. McIntyre, seconded by Mr. McDiarmid that By-Law No. 75 be read a second time. Carried. Moved by Mr. Cunningham, seconded by Mr. Gow that By-Law No. 75 be read a third time and finally passed. Carried. The Clerk submitted By-Law No. 76 to confirm By-Law No. 67 of the Corporation of the Township of Southwold tranSferring to certain parties road allowances therin mentioned. Moved by Mr. Brown, seconded by Mr: Cunningham that By-Law No. 76 be received and read a first time. Carried. (Cont'd) - _. --" -- ----"-'- ---~-----~~_.- --_._--~- ----~..,-.._---.--- - ',---- ( ( c r-\ c.. r ~ c c c c - 388 - (Elgin County Council Proceedings, 1852 - 1860) Wednesday 16th November 1859 ,,..-', Moved by Mr. Gow, seconded by Mr. Cunningham that By-Law No. 76 be read a second time. Carried. " Moved by Mr. Decow, seconded by Mr. McDiarmid that By-Law No. 76 be read a third time and finally passed. Carried. The Clerk submitted draft of By-Law No. 77 to regulate the duties of Inspectors of Weights and Measures. Moved by Mr. Suffel, seconded by Mr. Glover that By- Law No. 77 be received and read a first time. Carried. Moved by Mr. C~nningham, seconded by Mr. Miller that By~Law No. 77 be read a second time. Carried. Moved by Mr. Dobbie, seconded by Mr. Suffel that By- Law No. 77 be read a third time and finally passed. Carried. The Warden submitted an application from the County Registrar for certain alterations required to be made in the Register Office for the better security of the County Records. Moved by Mr. Dobbie, seconded by Mr. Miller that this Council appropriate the sum of fifteen dollars to J. McKay, the County Registrar to be applied in preparing places for the better security of County papers. Carried. Moved by Mr. McDiarmid, seconded by Mr. Gow that the Revd. Mr. Young and, His Honor Judge Hughes be heard before this Council in reference to the St. Thomas County Grammar School. L Carried. His Honor Judge Hughes and the Revd. Mr. Yound being present made statement relating to the Grammar School. (Cont'd) L' - 389 - (Elgin County'Council Proceedings, 1852 1860) (, Wednesday 16th November 1859 Moved by Mr. McDiarmid, seconded by ~r. McIntyre that an additional grant of one hundred dollars be made to the St. Thomas County Grammar School ,toward the necessary repairs required on the same 'for the present year. Carried. n \,.i Moved by Mr. SUffel, seconded by Mr. Glover that an additional grant of fifty dollars be given to the Vienna County Grammar School for the present year. Carried. Yeas: Messrs. McCrady, Glover, SUffel, Dobbie, Miller, ~unningham, McIntyre and McDiarmid Nays: Messrs. Chambers, Decow, Gow, Brown and Maginnis Moved by Mr. Glover, seconded by Mr. Suffel that the Warden be authorized to sign drafts for payment of the accounts reported by the Finance Committee. ' Moved by Mr. McCrady, seconded by Mr. Glover that this Council do now adjourn until nine o'clock tomorrow morning so'that the Committee of enquiry may meet. William McKay Clerk Levi Fowler Warden c Cj c (Cont'd) ( '--- c .--..-----..----- -~.._-._-----_.._------.-~---... -------------.-- -_.~-- - .390 - (Elgin County Council Proceedings, 1852 - 1860) FIFTH SESSION 1859 Third Day Thursday the 17th November,1859 The Council met at nine o'clock forenoon. c The Warden in the Chair. Messrs. McDiarmid Cunningham Gow Decow Brown McIntyre Miller Members present Maginnis Chainbers McCrady Suffel Glover Dobbie The proceedings of the previous day were read and authorized to be signed, after which The Warden submitted Petition of S. W. Thompson and others praying for the erection of a Police Village to be comprised of the north halves of Lots Numbers four and five in the Eighth Concessions of Yarmouth and the south halves of Lots Numbers four and five in the north Con- cessions of the said Township of Yarmouth which was read. Moved by Mr. Miller, seconded by Mr. McIntyre that the Petition of S. W. Thompson and others for the erecting of certain territory into a Police Village be received and adopted. ' Carried. Moved by Mr. Dobbie, seconded by Mr. Gow that the south halfs of Lots number four and five in the ninth Concession and north halves of Lots Numbers four and five in the eighth Concession of the Township of Yarmouth be erected into a Pol'ice V~llage by the name of Millersburgh and that the Clerk be authorized to draw up a BYMLaw in accordance therewith. Carried. ,- L Moved by Mr. Miller, seconded by Mr. Glover that Samuel W. Thompson be returning offices to hold the first election of Police Trustees for the Village of Millersburg (Cont'd) '-- c - 391 - (Elgin County Council Proceedings, 1852 _ 1860) Thursday the 17th November, 1859 and that said election and subsequent elections be held at the House of John B. Miller of said Village. Carried. ( Moved by Mr. McCrady, seconded by Mr. Gow that the resolution appropriating fifty dollars to the Vienna Grammar School be rescinded on account of the unjust restrictions imposed by the Trustees of said school in as much as the sum of three dollars per quarter is charged for the attendance of non resident pupils whilst resident pupils attend free. Lost. Yeas: Messrs. McCrady, Decow, Chambers, Brown, Maginnis and Gow - 6 Nays: Messrs. Dobbie, Glover, Miller, McIntyre, McDiarmid, Suffel - 6 c Motion lost by casting vote of Warden Mr. Decow submitted an application from Mr. E. Lumley for compensation for land taken from his land for a road in lieu of the original allowance between the Townships of Dunwich and Southwold which was read, after which it was c Moved by Mr. Brown, seconded by Mr. Decow that the claim of Mr. Lumley for expenses of survey 'and land taken from his land for road on the Town line between Dunwich and Southwold as per report of Mr. B~ll, P. L. Surveyor, amounting to the sum of fifty.-four dollars be paid by this Council to the amount of thirty-four dollars thereof, said road being a County Road. Lost. c r', ~ Yeas: Messrs. McCrady, Decow, Brown and Gow Nays: Messrs., Dobbie, Maginnis, Glover, Miller, McIntyre, Chambers, McDiarmid and Suffel T~e Clerk submitted draft of By-Law No. 78 to estab- lish a POlice Village to be comprised of the South halves of Lots Numbers four and five in the Ninth Concession and the north halves of Lots Numbers four and five in the Eighth Concession of the Township of Yarmouth. ( c (Cont'd) l ------------ - - 392 - (Elgin County Council Proceedings, 1852 - 1860) Thursday the 17th November, 1859 Moved by Mr. Miller, seconded by Mr. , Glover that By- Law No. 78 be received and read a first time. c Moved by Mr. McIntyre, seconded by Mr. Brown that By-Law No. 78 be read a second time. Moved by Mr. Dobbie, seconded by Mr. Gow that By-Law No. 78 be read a third time and finally passed. Moved by Mr. Dobbie, seconded by Mr. Glover that this Council concur with the Report of the Committee appointed by the United Counties of Huron and Bruce in reference to the abolition of the Law for the collection 'of small debts. Carried. Yeas: Messrs. Dobbie, Glover, Gow, Cunningham, Miller, McIntyre and ~rown' - 7 Nays: c Messrs. McCrady, Decow, S~ffel, McDiarmid, Chambers and Maginnis - 6 Carried by majority of 1 Moved by Mr. McCrady, seconded by Mr. Decow that owing to the misunderstanding existing between the Government AUditors, the Government and 'the County Council in regard to the amount to be derived from the Government for the Administration of Justice that the Warden be instructed to request said auditors ,to meet this Council at three 0' clock this afternoon an~ if possiqle remove said difficulty. c c Moved by Mr. McCrady, seconded by Mr. Decow that Mr. Glover be placed on the Committee of Enquiry in lieu of Mr. Suffel who desires to be absent from the Council. Carried. On motion the Council adjourned till two o'clock. The Council resumed. In accordance with the desire of the Council the Government Auditors for the County viz. Judge Hughes, John McKay and Dr. Southwick were present in the Council Chambers and at the invitation of the Warden they severally addressed the Council at length in relation to the non auditing of the accounts for Criminal Justice. c (Cont'd) l - 393 - (Elgin County Council Proceedings, 1852 _ 1860) Thursday the 17th November, 1859 '( Moved by Mr. McCrady, seconded by Mr.. ~cDiarmid that the Warden be instructed to communicate with the Govern- ment in relation to the payment of the accounts for Criminal Justice now with heed by the Government and that Mr. King's ac~ount be paid in the meantime by the County Treasurer. ' r: " Lost. Yeas: Messrs. McDiarmid, McCrady, Glover and Chambers ' Nays: Messrs. Gow, Decow, Miller, McIntyre, Maginnis, Dobbie, Cunningham and Brown Moved by Mr. McCrady, seconded by Mr. McDiarmid that the Warden be authorized to address the Inspector General in reference to the non auditing of the Criminal Justice accounts by the Government auditors and urge their attention to a decision in the matter and that the Government auditors receive from the Uovernment instructions how to act in the meantime until the Government make a deci- sion in the case. Lost. Yeas: Messrs. McDiarmid, McCrady, Glover and Chambers - 4' - Nays: Messrs. Gow, Decow, Miller, McIntyre, Maginnis, Dobbie, Cunningham and Brown - 8 c Moved by Mr. Dobbie, seconded by Mr. McIntyre that this Council tender a vote of thanks to His Honor JUdge Hughes, Dr. Southwick and John McKay the County Auditors of Criminal Justice accounts for their prompt attendance at the desire of the CoUncil. c Moved by Mr. McIntyre, seconded by Mr. Miller that Mr. John McLean be appointed Trustee of the St. Thomas, County Grammar School in place of the Revd. Mr. Facer who has removed out of the County. Moved by Mr. Cunningham, seconded by Mr. Brown that the Warden be instructed to authorize the County Treasurer to pay the Jailer's account provided the Government auditors delay auditing said account longer than the 20th Instant. Motion lost. ( c (Cont'd) c - 394 - (Elgin County Council Proceedings, 1852 - 1860) Thursday the 17th November, 1859 Yeas: Messrs. Brown and Cunningham - 2 Messrs. Glover, Chambers, McCrady, Dobbie, Miller, McIntyre, Glover, McDiarmid and Gow - 10 (' 'Nays: Decow, On motion the Council adjourned till nine o'clock tomorrow morning. c William McKay Clerk Levi Fowler Warden (Cont'd) l - 395 - (Elgin County Council Proceedings, 1852 _ 1860) FIFTH SESSION 1859 , (' Fourth Day Friday the 18th day of November, 1859 (, The Council met at nine o'clock forenoon. The Warden in the Chair. Members present Messrs. McDiarmid Cunningham Gow Decow Brown McIntyre Miller Maginnis Chambers Glover Dobbie McCrady The proceedings of the previous day were read and authorized to be signed, after which it was Moved by Mr. Chambers, seconded by Mr. McCrady that this Council reconsider the resolution of Yesterday authorizing the Warden to communicate with the Inspector General 'relative to the Government allowance for the administration of Criminal Justice to this County and other instructions contained and that said resolution be carried into effect. ' c Lost. Yeas: Messrs. McCrady, Chambers and McDiarmid _ 3 c Nays: Messrs. Glover, Maginnis, McIntyre, Miller, Decow, Dobbie, Gow and Brown _ 8 In amendment it was moved by Mr. McIntyre, seconded by Mr. Decow that the Warden be authorized to instruct Mr. Claris the County Treasurer that when the accounts for Criminal Justice are in readihess to inform each of the Government auditors to that effect. " ~. Yeas: Messrs. Glover, Maginnis, McIntyre, Miller, Decow, DObbie, Gow and Brown. c Carried. Nays: Messrs. McCrady, Chambers and McDiarmid (Cont'd) c l - 396 - (Elgin County Council Proceedings, 1852 - 1860) Friday the 18th day of November, 1859 I~ Amendment carried, original motion lost. r Mr. McCrady the Chairman of the Committee appointed to confer with Mr. BlackwOOd submitted report which was read, after which it was Moved by Mr. Glover, seconded by Mr. McDiarmid and resolved that the report of the Committee appointed to confer with Mr. Blackwood be received and adopted. Carried. The Chairman of the Committee appointed to report on the costs of the Suit, Leonard vs. Bla,ck , submitted report which was read. Moved by Mr. McDiarmid, seconded by Mr. Glover and resolved that the report in reference to the Suit Leonard vs. Black be received and adopted. Moved by Mr. Miller, seconded by Mr. McIntyre that By-Law No. heretofore passed in reference to auction- eers licenses be amended so that licenses may be issued quarterly if required and that four dollars be the sum to be paid per quarter. ' Moved by Mr. McCrady, seconded by Mr. Glover that Mr. Decow be allowed one day's pay for attendance in London in company with the Warden in June last. Moved by Mr. Cunningham, seconded by Mr. Decow that Donald Johnson be appointed overseer of the Wardsville Bridge and James Philpot inspector of the McIntish Bridge. i. Moved by Mr. Cunningham, seconded by Mr. Dobbie that with regard to the communication from the Council of the Corporation of Huron and Bru,ce, a petition be submitted to the Legislature signed by the Warden on behalf of this Council praying for the abo],i tion of all legal authority to enforce the collection of debts under fifty dollars and to exe~pt' personal property from siesure by execution under the value of one hundred dollars so that the dis- tress prevailing in this section of the Province may in future be' in some measure alievated, that the Parliamen- tary representatives for the East and West Ridings of the County be recommended to support the prayer of said petition when the question is brought before the House ( (Cont'd) - 397 - (Elgin County Council Proceedings, 1852 _ 1860) Friday the 18th day of November, 1859 (' of Assembly and that they be furnished by,the Clerk with a copy of this resolution. r Lost. Yeas: Messrs. B~own, Dobbie, Cunningham and Glover - 4 Nays: Messrs. McCrady, McDiarmid, Maginnis, Chambers, McIntyre, Miller, Decow and Gow _ 8 Moved by Mr. Decow, seconded by Mr. Gow that the Treasurer be requested to retain the Wild Land list of Dunwich for alterations till the first day of January next and then put the same in the hands of the Sheriff for advertisement and sale. Moved by Mr. Brown, seConded by Mr. Dobbie that a vote of thanks be tendered to the Warden and Clerk for their efficient services to the County during the present year. c Moved by Mr. McDiarmid, seconded by Mr. Glover that the Warden sign draft for members wages and this Council adjourn Sine die. (' William McKay County Clerk James Armstrong Warden c c c <= (Cont'd) c --~--- ----~ -~--~-