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1861 Minutes - 1 - (Elgin County Council Proceedings, 1861 - 1867) FIRST SESSION 1861 January 22nd, 1861. The Municipal Council of the Corporation of the County of Elgin met, according to Law, on the 22nd day of January, 1861; being the fourth Tuesday of January. The Clerk having received certificates from the respect- ive Municipal Clerks in favour of the following Members who answered to their names and took their seats as Reeves and Deputy Reeves, appointed by the several Municipal Councils in the County. NAMES OFFICE muNICIPALITY ADDRESS MILES Matthew Gilbert Reeve Yarmouth St. Thomas 6 John McDowell Dpty Reeve .. Sparta 12 John Smith Reeve Southwold Talbotville 5 Arch. Kerr Dpty Reeve .. Iona 16 Arch. McIntyre Reeve St. Thomas St. Thomas E. R. McCrady Reeve Dorchester Lyons 17 Thomas M. Nairn Reeve Malahide Aylmer 12 Hugh Maginnis Dpty Reeve .. Salem 20 John H. Jones Reeve Bayham Straffordville 23 W. A. Glover Dpty Reeve .. Port Burwell 30 George Suffel Reeve Vienna Vienna 28 Daniel Decow Reeve Dunwich Iona 14 John Galbraith Dpty Reeve .. Iona 16 Colin McDougald Reeve Aldboro. Aldborough 31 The Members were called to order. The Clerk in the chair. (Cont'd) - 2 - (Elgin County Council Proceedings, 1861 - 1867) January 22nd, 1861. Moved by Mr. McDougald, seconded by Mr. Kerr, that Daniel Decow be appointed Warden of the County for the present year. lost In amendment it was moved by Mr. Glover, seconded by Mr. Jones, that Mr. Suffel be appointed Warden of the County for the present year. lost In amendment it was moved by T. M. Nairn, seconded by Mr. Maginnis, that Mr. McCrady be appointed Warden of this Council for the present year. lost Moved by Mr. Gilbert, seconded by Mr. Suffel, that Mr. McIntyre be appointed Warden for the present year. lost In amendment moved by Mr. McDougald, seconded by Mr. Galbraith, that Mr. Decow be appointed Warden of the County for the current year. lost In amendment moved by Mr. Glover, seconded by Mr. Jones, that Mr. Suffel be elected Warden of this Council for the pre- sent year. lost In amendment moved by Mr. Nairn, seconded by Mr. Maginnis, that Mr. McCrady be appointed Warden of this Council for the ensuing year. lost Moved by Mr. Galbraith, seconded by Mr. Kerr, that Mr. Decow be appointed Warden of this Council. lost In amendment moved by Mr. Nairn, seconded by Mr. Maginnis, that Mr. McCrady be appointed Warden for the present year. lost In amendment moved by Mr. Glover, seconded by Mr. Jones, that Mr. Suffel be appointed Warden for the present year. lost Moved by Mr. Jones, seconded by Mr. Decow, that Mr. McDougald be elected Warden for the current year. lost Moved by Mr. Glover, seconded by Mr. Maginnis, that Mr. Nairn be appointed Warden of this Council for the present year. lost Moved by Mr. McDougald, seconded by Mr. Decow, that Mr. Jones be appointed Warden for the current year. carried (Cont'd) U ,-- 0 " j~t2 [<'14V' r' r'i"~ ;-0' .i'-." '1, 1_ t_,\ -,' ,. , r.1.,~il\\ 'dU 1'00 _-<~>_~-"..v--,~~_,~,-"_,-,--~,-',C_'_;_"-,----"-_.,,._,,-~~_._~_..__.-,-._~-~.__.-._----.. _. ---'--------.-..--- _.--_.~-~--~. - 3 - (Elgin County Council Proceedings, 1861 - 1867) January 22nd, 1861. Mr. Jones made the Declaration of Office as Warden be- fore His Honor, Judge Hugis, and having taken the chair ad- dressed the Council. Moved by Mr. McDougald, seconded by Mr. Decow, that this Council do now adjourn till ten o'clock tomorrow morning. William McKay Clerk J. H. Jones Warden FIRST SESSION 1861 Second Day January 23rd, 1861. Wednesday. the twenty-third day of January, the Council met at ten o'clock forenoon. The Warden in the chair. Members present: Messrs. McDougald Kerr Galbraith Decow Smith Gilbert McIntyre McCrady Nairn McDowell Maginnis Suff'el Glover The proceedings of the previous d~ as well as the pro- ceedings of the last d~ of the previous session were then read and authorised to be signed, after which the Clerk read the following communications. (Cont'd) - 4 - (Elgin County Council Proceedings, 1861 - 1867) January 23rd, 1861. From E. Garratt, Chairman of the Executive Committee of the Provincial Agricultural Association. From the Chairman of the Western Circuit Board of Public Instruction. From John King, Gaoler, in reference to cooking stove required for the gaol. From Sheriff Munro, making application for certain supplies for the gaol. From John A. Kains, agent, London and Liverpool Insurance Company, relating to allowing the use of Court Room for lec- tures of Mechanics Institute. From Warden of the County of Simcoe, with copy of petition to be submitted to the Legislature in favor of taking steps to educate the mutes and blind children of the Province. ;, From D. J. Hughes, Chairman, Board of Tiustees, St. Thomas County Grammar School. From John D. Hutton, Local Superintendent, Common Schools. East Riding of the County. From County Treasurer, with statement of the County finance. From the secretary of the St. Thomas and Aylmer Gravel Road Company, with annual statement. Moved by Mr. McDougald, seconded by Mr. Decow, that John G. McColl be reappointed Local Superintendent of Common Schools for the Townships in the West Riding of the County. carried Moved by Mr. McCrady, seconded by Mr. Nairn, that the Revd. Edmund Shepard be appointed Local Superintendent of Common Schools in the Townships comprised in the East Riding of the County. carried In amendment moved by Mr. Suffel, seconded by Mr. Glover, that Mr. John D. Hutton be reappointed Local Superintendent of Common Schools for the East Riding of the County. lost Amendment was put and lost - original motion carried. (Cont'd) - 5 - (Elgin County Council Proceedings, 1861 - 1867) January 2Jrd. 1861. Moved by Mr. McDougald, seconded by Mr. Smith, that John McLean be appointed an Auditor of this County and also W. 1. White as the nominee of the Warden. In amendment it was moved by Mr. Gilbert, seconded by Mr. McCrady, that A. J. Allworth be appointed by this Council, Auditor for the present year. lost Amendment lost and the original motion carried. Moved by Mr. McIntyre, seconded by ftr. Gilbert, that the Revd. Mr. McCullough be appointed a Trustee of the St. Thomas County Grammar School. carried Moved by Mr. McDougald, seconded by Mr. kerr, that the Revd. Mr. McMillan be appointed Trustee of the St. Thomas County Grammar School. carried Moved by Mr. Suffel, seconded by Mr. Maginnis, that J. M. Crawford and George Raymond be appointed Trustees of the Vienna County Grammar School. carried Moved by Mr. McCrady, seconded_by Mr. Nairn, that the Committees on Finance and Education to consist of five members each be now appointed. In amendment it was moved by Mr. McDougald, seconded by Mr. Kerr, that the standing Committees on Finances, Education and Public Improvement be now appointed and to consist of five members each. Yeas McDougald, Kerr, Galbraith, Decow, Smith, Gilbert, McIntyre, McDowell, Maginnis, Suffel, and Glover. - 11 Nays McCrady and Nairn - 2 Amendment carried by a majority of 9 and the original motion was lost. Moved by Mr. McDougald, seconded by Mr. Galbraith, that a committee of three members be appointed to meet and confer with the Inspector of prisons and that Messrs. McIntyre, Gilbert and McCrady be said committee. carried (Cont t d) - 6 - (Elgin County Council Proceedings, 1861 - 1867) January 23rd, 1861. Moved by Mr. mcDougald, seconded by Mr. Kerr, that the communications of the Chairman of the Board of Public Instruc- tion for the Western Division of theCoun~ybereferred to the standing Committee on Education. carried Moved by Mr. Suffel, seconded by Mr. Glover, that the Clerk, Mr. McIntyre and Mr. Nairn be a committee to furnish supplies for the Gaol and Court House. carried Moved by Mr. McDougald, seconded by Mr. Kerr, that the Council adjourn till two o'clock afternoon. carried The Council resumed. The Warden submitted report ~rom J. S. McColl, Local Super- intendent Common Schools for the West Riding of the County, which was read. Moved by Mr. McDougald, seconded by Mr. Nairn, that the report of the County Treasurer on the finances of the County be referred to the Committee, on Finance. Mr. McDougladmoved, seconded by Mr. Nairn. that the Warden be requested to make statement to the Council, relative to the application made by the Council of 1859 to the Government Superintendent of Fisheries, in reference to Mill Dams being so constructed as to allow ~ree access to fish passing up the streams as required by Statute. The Warden made statement. Moved by Mr. Suffel, seconded by Mr. Glover, that this Council do petition Parliament at its next session, to make such alterations in the Municipal Act, that no person shall be qualified to be elected as M~or, Alderman or Councillor, unless he shall at the time of his election have paid all taxes against him in the Municipality for which he may be a canadidate and also that no per.son shall be qualified to vote at any Municipal election for Mayor, Alderman or Coun- cillor unless he shall before voting have paid all taxes against him for the year previous. lost The following members were voted a committee on: (Cont'd) _,,_,,-,""~_,",~..:,_~--,--<.._~,,__..__-,,_._ ..-_._-'____.c.___---:.--"'---'---_~~____...._:.._~_______'___"_~____.~----'~------ --~------- --- _ ______ J~ - 7 - (Elgin County Council Proceedings, 1861 - 1867) January 23rd, 1861. Finance Messrs. McDougald Decow GloV,er' McCrady Nairn Education Messrs. Suffel McIntyre Glover McDowell McDougald Public Improvement Messrs. Maginnis Gilbert Smith Decow McDougald Moved by Mr. McCrady, seconded by Mr. Gilbert, that the Clerk be instructed to draft a petition to the Legislature, to be presented at its next session, pr~ing them to amend the Municipal Law, so far as it relates to the election of Reeves and Deputy Reeves. That in place of their being elected by a majority of the votes of the Council, they shall be elected by a majority of the votes of the electors of the Municipality and that the Clerk correspond with other Councils urging them to petition the Legislature to that effect. carried Moved by Mr. Suffel, seconded by Mr. Glover, that this Council do petition Parliament at its next session to make such alterations in the Municipal Institutions Act for Upper Canada, that no person: shall be qualified to be elected as M~or, Alderman or Councillor for any city, town or Incorp- orated Village, unless he shall at the time of his election have paid all taxes that may be against him in the Municipal- ity for which he may be a candidate and also that no person shall be qualified to vote at any such election unless he shall at the time of such election have paid all taxes that may be against him: in xhe Municipality in which he votes. motion lost In amendment it was moved by Mr. McDougald, seconded by Mr. McIntyre, that the previous motion be postponed for future consideration. carried (Cont'd) - 8 - (Elgin County Council Proceedings, 1861 - 1867) January 23rd, 1861. Moved by Mr. McCrady, seconded by Mr. Gilbert, that the Warden be authorised to communicate with the Government or Inspector of Fisheries, to ascertain 'what steps had been taken to compel the owners of Mill Dams to construct slides or aprons so that the fish frequenting the streams in this County may have free passage up said streams. Moved by Mr. McDo\lgald, seconded by Mr. McIntyre, that this Council adjourn till ten o'clock tomorrow morning, so that the committees may be enabled to meet. William McKay Clerk J. H. Jones Warden FIRST SESSION 1861 Third Day January 24th, 1861. Thursd~, the 24th day of January 1861, the Council met at ten o'clock forenoon. The Warden in the chair. Members present: Messrs. Decow Nairn McDougald Maginnis Galbraith Glover Smith Suffel Kerr McCrady McIntyre Gilbert McDowell The proceedings of the previous day were read and author- ised to be signed. (Cont'd) __,_":...o.~c,.,___~";-~_-,_-~C-"",,,,,,~~-'_~,">~-._.__~,",..c:.c.-,,,~-'.>,__-.:~":-~.:__ .__.' _. >"____-___ _w_<',,_.__. - 9 - (Elgin County Council proceedings, 1861 - 1867) January 24th, 1861. Mr. McCrady, Chairman of standing Committee on Finance, submitted report, which was read. After which it was moved by Mr. Nairn, seconded by Mr. McDowell, that this Council resolve itself into Committee of the whole on the report of the Finance Committee. carried The Council accordingly were put into Committee of the whole. Mr. Gilbert in the chair. The Council resumed. The Chairman reported the adoption of the report of Finance Committee, amended by the Committee of the whole. Moved by Mr. Nairn, seconded by Mr. Glover, that the re- port of Finance Committee be adopted as amended. Mr. McDougald, Chairman of Committee on Education, sub- mitted report, which was read. Moved by Mr. McDougald, seconded by Mr. McIntyre, that the report of the Committee on Education be received and adopt- ed. In amendment it was moved by Mr. McCrady, seconded by Mr, Decow, that this Council do go into Committee of the whole on the report of the Committee on Education. Main motion lost and amendment carried. The Council accordingly went into Committee of the whole. Mr. Nairn in the chair. The Council resumed. The Chairman reported the adoption of the Education Report by the Committee of the whole, without amendment. After which it was moved by Mr. Suffel and resolved, that the report ucation be adopted as recommended by whole. Glover, seconded by Mr. of the Committee on Ed- the Committee of the carried (Cont'd) - 10 - (Elgin County Council Proceedings, 1861 - 1867) January 24th, 1861. Moved by Mr. McDougald, seconded by Mr. Smith, that the Auditors Statement be made'in detail ,ahd.printed .on sheets. carried Moved by Mr. McDougald, seconded by Mr. Kerr, that the Clerk procure the necessary supply of blank assessment and collectors rolls, also other blank forms, same as procurred the previous year. carried Moved by Mr. Suffel, seconded by Mr. Decow, that this County do grant to the City of London, the sum of five hun- dred dollars for the purpose of assisting in erecting the necessary buildings for holding the next Provincial Exhibition, on condition that the Counties of Middlesex, Lambton, Huron. Kent and Perth give a similar amount, the money not to be paid until the buildings are actually erected and fit for use. lost In amendment it was moved by Mr. McDougald, seconded by Mr. McIntyre, that it is not expedient that any amount of money be granted towards the erection of buildings in the City of London, for the purpose of holding the next Provincial Agricultural Exhibition therein until this Council is sat- isfied that necessary aid from this County will be actually necessary in order to complete the erection of such buildings. carried Amendment carried and the original motion lost. Moved by Mr. McDougald, seconded by Mr. Smith, that the Warden be authorised to sign orders for the payment of the accounts and other amounts recommended in the finance report. carried Moved by Mr. McCrady, seconded by Mr. Nairn, that the Warden be authorised to sign a petition on behalf of this Council, to be presented to both branches of the Legislature, calling the attention of the Government to the Act passed on the 30th May 1855, providing for the payment of Petty Jurors in Lower Canada, out of the consolidated revenue fund and appropriating a like sum to Upper Canada for general purposes and that Parliament do grant to the County of Elgin all sums that may be due under authority of said Act. carried (Cont'd) - 11 - (Elgin County Council Proceedings, 1861 - 1867) January 24th, 1861. Moved by Mr. Nairn, seconded by mr. McCrady, that petitions be presented to both branches of the Legislature, praying for an amendment to the Upper Canada Jury Law, so far as relates to the selecting of Jurors; the present system being cumbrous and unnecessarily expensive, and that in place of two select- ions, that only one take place and that the mayors or Reeves, the City, Town or Township Clerk and the Assessors of the several municipalities be the selectors. carried Moved by Mr. McDougald, seconded by Mr. Decow, that the sum of eighteen hundred dollars be granted towards public improvements in the local municipalities of this County and that said sum be equally divided amongst the several munici- palities. lost Moved by Mr. Decow, seconded by Mr. Kerr, that this Council adjourn till two o'clock. The Council resumed. Moved by Mr. McIntyre, seconded by Mr. Smith, that the account of Solomon Thompson, amounting to the sum of two dollars for fixing bridge, be paid. carried Moved by Mr. McCrady, seconded by Mr. Nairn, that the resolution appointing a committee to furnish supplies to the County Jail be rescinded and that a committee be appointed in the usual manner and to consist of three members. carried The following members were accordingly voted a committee on supplies for jail: Messrs. McCrady, Gilbert and Smith The Warden submitted a communication from Mr. John McLean, tendering his resignation of the office of Grammar School Trustee. Moved by Mr. Suffel, seconded by v~. Glover, that the resignation of John McLean as Trustee of the St. Thomas Grammar School be accepted. (Cont'd) - 12 - (Elgin County Council proceedgings, 1861 - 1867) January 24th, 1861. Moved by l~. Gilbert, seconded by ~x. McDowell, that Edmund Shepard by appointed Grammar School Trustee in place of John McLean, resigned.. Moved by W~. Suffel, seconded by Mr. Maginnis, that the resolution appointing 'the Local Superintendent of Common Schools for the East Riding of the County be rescinded. carried Moved by Nx. Suffel seconded by Mr. Glover, that John D. Hutton be reappointed Local Superintendent' of Common Schools for the East Riding of the County at the same salary as last year. carried Moved by Mr. Glover, seconded by Mr. Suffel, that a committee of three be appointed on printing and that the Clerk, Mr. McIntyre and Mr. Nairn compose said committee. carried Moved by ~~. McDougald, seconded by Mr. Kerr, that By-Law Numbered 93, to appoint Local Superintendent of Common Schools for the present year be submitted and read a first time. carried The Clerk read draft of By-Law Number 93. Moved by Mr. Galbraith, seconded by Mr. McDougald, that By-Law Number 93 be read a second time. carried Moved by Nx. Suffel, seconded by Mr. Glover, that By-Law Number 93 be read a third time and finally passed. On motion, the Warden was authorised to sign draft for members wages and the Council adjourned till the third Tues- day in June next. William McK~ Clerk J. H. Jones Warden (Cont'd) - 13 - (Elgin County Council Proceedings, 1861 - 1867) SECOND SESSION June 18th, 1861. Tuesday the 18th June, the Council of the County of Elgin met according to adjournment on Tuesday the 18th day of June at one o'clock afternoon. The Warden in the chair. Members present: Messrs. Glover Suffel McCrady McDowell Decow McDougald Nairn Maginnis Gilbert McIntyre Smi th The proceedings of the last day of the previous Session were read and authorised to be signed. The Warden addressed the Council. The following communications were then read by the Clerk. From the Inspector of Fisheries in reference to aprons on Mill Dams. From the Middlesex County Clerk, relating to survey of boundary between Southwold and Delaware and also to an appro- priation for the Wardsville Bridge. From George Macbeth, acknowledging receipt uf petition of this Council, presented by him to the Legislature. From the Hon. James Paton, relating to petitions of this Council presented to the Legislative Council. From Leonidas Burwell, in reference to petitions of this Council presented by him to the Legislature. From Provincial Secretary, relating to Consolidated Statutes. (Cont'd) ... . ~.-'~"-'-- --~,.,,_.'~-,~.'_._'--_._' ","-,~.".._-_.~._'_'--._-"_''-':'-~'''--_.- .. - 14 - (Elgin County Council Proceedings, 1861 - 1867) June 18th, 1861. From the Inspectors of Prisons, with plan of prison etc. The following communications were also read: Auditors Report on the statement of receipts and dis- bursments. Auditors Report of School accounts. Report from County Treasurer. Petition of E. Horton and others making application to widen Cat~ine , Street between St. Thomas and Yarmouth. From the Clerk of the County of Kent in reference to an appropriation for the County line between Aldborough and Orford. Moved by Mr. Smithi seconded by Mr. Decow, that this Council adjourn till tomorrow morning at ten o'clock. motion lost Moved by Mr. Suffel, seconded by Mr. Nairn, that a committee be appointed to revise and equalize the Assessment Rolls. Said Committee to be composed of the Reeves from the several municipalities with the exception of Bayham and that the Deputy Reeve of Bayham be added to said Committee for that Township. carried On motion the Council adjourned till ten o'clock tomorrow morning. William McK~ Clerk J. H. Jones Warden SECOND SESSION 1861 Second Day 19th June 1861. (Cont'd) "'_","-'~-,,,,---"-'-~'---_.._-.~~." ,.,.,-', .._-~. --' .--..-'- - 15 - (Elgin County Council Proceedings, 1861 - 1867) June 19th, 1861. Wednesday the 19th June 1861, the Council met at ten o'clock forenoon. The Warden in the chair. Members present: Messrs. McIntyre Maginnis McDougald Kerr Nairn McDowell Decow Smith Gilbert McCrady Glover Suffel The proceed~ngs of the previous day were read and author- ised to be signed. The Clerk read communication from the Middlesex County Clerk making enquiry as to what action if any had been taken by this Council in reference to an appropriation for the Wards- ville Bridge and the survey of the' line between Delaware and Southwold. Moved by Mr. Suffel, seconded by Mr. McDougald, that the Council do adjourn till two o'clock afternoon in order that the Committees on Finance and Assessment may meet. carried The Council resumed. Mr. McDougald submitted petition from the Executors of the Estate of the late Alexander Love which was read. After which Mr. McDougald moved, seconded by Mr. S~ith, that the petition of Alexander and William Love, Executors of the Estate of the Late Alexander Love, praying for the final discharge of the judgment recorded against the said Estate in favour of this Corporation be referred to a special Committee to consist of, Messrs. Suffel, Decow and the mover with power and to send for persons and papers and to report at this Session of the Council. carried (Cont'd) ,.,,:.. ._."__,._-__ _-_..,,_V__"..__._,_"~_~.___:._,,_.,._. .___.__~_..J__._~_. ..-" _~_. ..__~._~_._._^~......____~_ _ - 16 - (Elgin County Council Proceedings, 1861 - 1867) June 19th, 1861. Moved by Mr. Suffel, seconded by Mr. McDowell, that the Council adjourn till ten o'clock tomorrow morning in order that the Committee on Equalization of Assessment may meet. carried William McKay Clerk J. H. Jones Warden SECDND SESSION 1861 20th June 1861. Thursday the 20th day of June 1861, the Council met at ten o'clock forenoon. The Warden in the chair. Members present: Messrs. Glover Suffel McCrady Smith McIntyre McDowell Maginnis Kerr Nairn McDougald Gilbert Decow The proceeding of the previous day were read and author- ised to be signed. (Cont'd) - 17 - (Elgin County Council Proceedings, 1861 - 1867) June 20th, 1861. The Chairman of Finance Committee submitted report, after which it was moved by Mr. Nairn, seconded by Mr. Glover, that the Finance Committee Report be received and read. carried The Clerk read the Report of Finance Committee. Moved by Mr. Nairn, seconded by Mr. Glover, that the Report of Finance Committee be adopted and that the necessary By-Laws be drawn up accordingly. carried The Warden submitted communication from H. C. R. Becher, in reference to land in Aldborough sold for taxes" after which it was moved by G. Suffel, seconded by Mr. Nairn, that this Council adjourn until two o'clock P. M., to enable the Committee on Assessment may meet again. carried The Council resumed. The Warden in the chair. Moved by Mr. McDougald, seconded by Mr. Decow, that, John McKillop be paid the sum of three dollars for services in expending County grant on the like between Kent and Elgin. carried Moved by Mr. McDougald, seconded by Mr. Decow, that where- as the sum of one thousand dollars was granted by the Council of the County of Middlesex at its last session, towards the construction of a bridge across the Thames opposite the Village of Wardsville in said County and requesting this Council to grant a similar sum; therefore r.esolved that the said sum of one thousand dollars be granted by this Council in accordance with the requirements of the Council of Middlesex, for the pur- pose therein named. lost In amendment, moved by Mr. McCrady, seconded by Mr. Gilbert, that this Council do not make any grant or appropriation on township or county lines this session, that the several town- ship, municipalities shall be delegated with power from this Council to improve said lines and that each pay for their improvement. Amendment carried and main motion lost. Yeas and Nays being demanded on the amendment were taken as follows: (Cont'd) _,,.."....~_,_~,'""-..c,_.'>~,_...-_--'-.,._..c..".-,..,~_.--.o-,,__. c_ - 18 - (Elgin County Council Proceedings, 1861 - 1867) June 20th, 1861. Yeas Glover, Suffel, Maginnis, Nairn, Gilbert, McDowell. McCrady, McIntyre 9 Nays Decow and MacDougald 2 Amendment carried by majority of 7. Sheriff Munro submitted to the Council, copy of the Rules and Regulation for the, ,Government of' Common -Gaols and made statement in reference thereto. Mr. Decow, Chairman of Committee on Equalization of Assess- ment Rolls for 1861, submitted report. Moved by Mr. McCrady, seconded by report of Committee on Equalization of, 1801 be received and read. Mr. Nairn, that the Assessment Rolls for carried Moved by mr. Nairn, seconded by Mr. Maginnis, that the report of Committee on Equalization of Assessment Rolls be adopted. carried In amendment it was moved by Mr. McDougald, seconded by Mr. Decow, that owning to the unavoidable absence of certain members of this Council, it is unadvisable that the report of the Committee on Equalization be adopted until these members are in their places and therefore resolved that the question for its final adoption be postponed until next session of this Council. The Yeas and N~s being called for on the amendment were taken down as follows: Yeas McDougald, Smith and Decow Nays 3 McIntyre, McDowell, Gilbert, McCrady, Nairn, Maginnis, Suffel and Glover Amendment lost by majority of 5. (Cont'd) - 19 - (Elgin County Council Proceedings, 1861 -_1867) June 20th, 1861. Moved by Mr. McDougald, seconded by Mr. Decow, that this Council deeply regret that a resolution was passed by this body to transfer the power given County Councils py,the_.Act, 22 Victoria, Chapter 54, page 616, Consolidated Statutes, for Upper Canada, for the improvement of roads and bridges property under their jurisdiction, to Township Councils when these Councils refused the assumption of such responsibility. That the course pursued by this Council in relation thereto is unjust in principle and illegal in fact. motion lost Yeas MacDougald and Decow Nays Smith, McIntyre, McDowell, Gilbert, McCrady, Nairn, Maginnis, Glover and Suffel Moved by Mr. McCrady, seconded by w~. Gilbert, that the motion of Mr. McDougald just passed, be not recorded on the Journals. Yeas McCrady, Gilbert and McDowell 3 N~s Glover, Suffel, Maginnis, McIntyre, Smith, Nairn, McDougald, Decow 8 Motion lost by a majority of 5. Moved by George Suffel, seconded by C. McDougald, that John D. Hutton and John S. McColl, be paid the sum of eighteen dollars and twenty-five cents, being the amount of their accounts presented herewith viz J. D. Hutton $10.25 and John McColl, $8,00. Moved by Mr. Suffel, seconded by Mr. Glover, that W. J. White and John McLean be paid the sum of fifty dollars each for auditing the County accounts for 1860. That a definite sum be fixed by this Council to be paid for auditing the accounts in future and that a By-Law be drawn up in accordance with this resolution to be submitted at the next session of this Council allowing the auditors thirty dollars each. carried " (Cont'd) -20- (Elgin County Council Proceedings, 1861 - 1876) June 20th 1861 In amendment, moved by Mr. McCrady, seconded by Mr. Nairn, that W.J. White and John McLean be paid each the sum of forty dollars for services as Auditors in auditing the County accounts and that a By-Law be passed by this Council establishing a definite sum for the future. lost The amendment was lost and the main motion was then put and carried The Yeas and Nays being called for on the main motion were taken as follows: Yeas Glover, Maginnis, Suffel, McDowell, McIntyre, and Smi th 6 Nays Nairn, McCready, Gilbert, McDougald and Decow 5 , Main motion carried by a majority of 1 Moved by Mr. Nairn, seconded by Mr. mcCready, that the Warden be requested to notify the County Solicitor not to enforce the execution in favor of the County vs Love and McIntyre until further instructed. carried Moved by Mr. McDougald, seconded by Mr. Smith, that this Council adjourn till ten o'clock tomorrow morning. Moved by Mr. Nairn, seconded by Mr. McCready, that this Council adjourn till nine o'clock tomorrow morning. carried. William McKay Clerk J.H. Jones itlarden --'-,,~,_~'~,-,~"-";~"----' <,' --~~'---.,~-';'.- - ---~<~---'<~.,,-,~; "'-'-.-', <,.~.'--"- - 21 - (Elgin County Council Proceedings, 1861 - 1867) SECOND SESSION 1861 21 June 1861. Friday the 21st d~ of June 1861, the Council met at nine o'clock forenoon. The Warden in the chair. Members present: Messrs. Glover Maginnis Suffel McCrady Smith mcDougald Gilbert McDowell McIntyre Kerr Decow Nairn The proceedings of the previous d~ were read and signed. Mr. McCrady, Chairman of Committee on Supply, submitted report, which was read. Moved by Mr. Nairn, seconded by Mr. Mag~nnis that the report of Committee on Supply be received. carried Moved by Mr. Nairn, 'seconded by WIr. Maginnis, that the report of Committee on Supply be adopted. carried Moved by Mr. Suffel, seconded by Mr. Glover, that in view of the application made to,this Council for aid towards build- ing the Provincial Exhibition Buildings in the City of London, the sum of four hundred dollars be given by this County to the Building Committee, so soon as the building is competed. motion lost Yeas and N~s being called for were taken down as follows: Yeas Glover, Suffel and Smith N~s Maginnis, Nairn, McCrady, Gilbert, McDowell, McIntyre, Kerr, and McDougald (Cont'd) -22- (Elgin County Council Proceedings, 1861 - 1867) June 21, 1861. On motion, the Clerk read the report of the County Auditors. Moved by Mr. Nairn, seconded by Mr. mcCready, that a Committee be appointed to wait upon Mr. Peter Murtagh, the Clerk of the County Court for explanations related to the large amounts in arrears to the Jurors Fund for 1859, 60 and 61, which according to the provisions of the Statute, 22nd Victoria Chapter 31, Sections 148, 149 and 150, ought to be paid by said Clerk of the County Court, into the hands of the County Treasurer on the entry of every record in the County and Superior Courts. carried. Moved by Mr. Suffel, seconded by Mr. Glover, that Messrs. McDougald, Gilbert and Nairn be appointed a Committee to wait on Mr. Murtagh in reference to amounts due, Jurors Fund. carried. The Clerk submitted draft of By-Law No. 94, to raise certain sums for the general expenditure of the Corporation of the County for the current year. moved by Mr. Glover, seconded by Mr. Suffel, that By- Law No. 94 be received and read a first time. carried Moved by Mr. Suffel, seconded by Mr. Maginnis, that By- Law No. 94 be read a second time. carried Moved by Mr. Nairn, second by Mr. McDowell, that By-Law No. 94 be read a third time and finally passed. carried Moved by Mr. Nairn, seconded by Mr. Maginnis, that the report of the County Auditors and financial statement there- with be adopted by this Council. carried. The Warden sumbitted communication from Sheriff Munro, making application for an additional iron door to the vault in his office. Moved by Mr. McDougald, seconded by Mr. Kerr, that this Corporation memorialize Governor in Council to the effect that the alterations and improvements in the Gaol and premises as proposed by the Inspectors of Prisons, be not now carried into effect owing to the embarrassed state of the County finances. That there being no actual necessity for such alterations from the fact that there-are so few prisoners confinded in the prison and that they are sufficiently well provided for under existing circumstances. carried. (cont'd) - 23 - (Elgin County Council Proceedings, 1861 - 1867) June 21, 1861. Moved by Mr. Suffel, seconded by Mr. Glover, that the Committee on Jail Supplies be empowered by this Council to make necessary arrangements for the food, washing and clothing required by the new regulations for prisoners confined in the common jail of this County. Also to procure an additional iron door for the vault of the Sheriffs office and that the drain leading from the gaol be repaired. carried Moved by Mr. McCrady, seconded by Mr. Smith, that the Clerk be instructed to read all communications between him- self as Clerk of this Council and the Superintendent of Fisheries since last session in relation to Mill Dams and Mill owners. carried The Clerk read Communications from the Superintendent of Fisheries. Moved by Mr. Nairn, seconded by Mr. Decow, that the Reeves of the several municipalities transmit to the Super- intendent of Fisheries the names of Mill owners who have Mill Dams on streams frequented by fish, such as pickerel, pike etc., where no slides are erected in terms of the statute. lost The Yeas and N~s being called for were taken down as follows on the motion. Yeas Nairn and Decow Nays Glover, Suffel, Maginnis, Gilbert, McDowell, Kerr, McIntyre, McCrady, Smith, and McDougald Moved by Mr. McDougald, seconded by Mr. Kerr, that the communication from Mr. Becker, (in reference to land sold for taxes in Aldborough) be laid over for further information till next session of this Council. carried Moved by Mr. Decow, seconded by Mr. McDougald, that the execution held by this County against the estate of the late A. Love, be considered as against said estate only and not against the Executors as individaals. Yeas and N~s being demanded were taken down as follows namely: (Cont'd) - 24 - (Elgin County Council Proceedings, 1861 - 1867) June 21, 1861. Yeas Glover, Suffel, Maginnis, McIntyre, Gilbert, Kerr, Decow, and McDougald 8 Nays McCrady, McDowell, Nairn and Smith 4 Carried by a majority of 4 Moved by Mr. Suffel, seconded port of the Committee appointed to received and read. by Mr. Glover, that the re- wait upon Mr. Murtagh be carried The Clerk read the report of said Committee after which it was moved by Mr. Glover, seconded by Mr. Suffel, that the report of the special Committee appointed to wait upon the Deputy Clerk of the Crown just read, be adopted and that Mr. Murtagh be requested to 'pay up the arrears of the Jurors Fund before next sitting of this Council. carried Moved by Mr. Decow, seconded by Mr. McDougald, that the sum of one hundred dollars be appropriated by this Council for the improvement of each of the County and Township lines running north and south in the County and also between the Municipalities of Vienna and st. Thomas and the adjoining Townships to be expended by the Reeves of the respective Muni- cipalities and that a By-Law be now submitted to the effect. , lost Yeas - McDougald, Decow, Kerr, Suffel, Glover 5 N~s - Maginnis, Nairn, Smith, McCrady, McDowell, McIntyre and Gilbert 7 Moved by Mr. McCrady, seconded by Mr. Smith, that the County Treasurer by instructed to call the attention of default- ing municipalities relative to the amount due from them to the County, unless said Municipalities agree to p~ the interest which is now paid by the County. carried Mr. Phillpot sumitted a claim for work done on the Township line between Dunwich and Southwold, which was read. After which it was moved by Mr. Decow, seconded by Mr. Kerr, that the claim submitted by J. Phillpot for the amount (Cont'd) - 25 - (Elgin County Council Proceedings, 1861 - 1867) June 21, 1861. of twelve dollars expended by him on the boundary line be- tween Southwold and Dunwich be paid. motion lost , Moved by Mr. Suffel, seconded by Mr. Glover, that the Warden be authorised to sign drafts for the accounts passed by the Finance Committee and members wages and that the Council do adjourn till the third Tuesday in October. William McKay Clerk J. H. Jones \'larden - 26 - (Elgin County Council Proceedings, 1861 - 1867) THIRD SESSION 1861 Special Meeting 8 October 1861. Tuesday the eighth day of October, the Council met at 10:00 o'clock A.M., according to notice given by order of the Warden for a special meeting to take into consideration the state of the bridges on the River Thames and other busi- ness of importance. The Warden in the chair. Members present: Messrs. McIntyre Gal brai th Decow Gilbert Smith McCrady Glover Kerr The proceedings of the last day of the previous session were read and authorised to be signed. Mr. McKillop presented certificate of appointment as Reeve of Aldborough in place of Mr. McDougald resigned and took his seat at the Council Board. Moved by Mr. Gilbert, seconded by Mr. Decow, that this Council do now adjourn to meet again at ten o'clock tomorrow morning. William McK~ Clerk J. H. Jones Warden THIRD SESSION 1861 Second Day 9th October 1861. (Cont'd) - 27 - (Elgin County Council Proceedings, 1861 - 1867) 9th October 1861. Wednesday the 9th day of October, the Council met accord- ing to adjournment at ten o'clock forenoon. The Warden in the chair. Member present: Messrs. mcIntyre McDowell Galbraith McKillop Gilbert Suffel Decow Kerr McDowell McCrady Nairn Maginnis Glover Smi th The proceedings of the previous day were read and auth- orised to be signed. The Warden addressed the Council. The following communications were then read. From the Board of Inspectors of Prisons, with report of the Board on the St. Thomas Gaol and also in reference to prison supplies. From the Provincial Secretary, acknowledging receipts of petition of this Council relating to alteration in Gaol H. From D. McDiarmid, Municipal Clerk, Aldborough, in reference to land sold for taxes. From Wilson Mills, Middlesex County Clerk, relating to appropriations for the Wardsville and McIntosh Bridges, a- cross the River Thames. From Municipal Clerk, St. Thomas, with copy of By-Law Number Two, authorising the withdrawal of the Town of St. Thomas from the jurisdiction of the Council of this County. From Mr. Hutton, intimating his resignation of the office of Local Superintendent of Common Schools in the eastern division of the County. (Cont'd) - 28 ~ (Elgin County Council Proceedings, 1861 - 1867) 9th October 1861. The Clerk also read petition of James Fitzimons and others praying for aid to repair certain bridges across Kettle Creek near the To\vn line between Yarmouth and South- wold. Report of D. Hauoey, Esqr., on the state of the MacKintosh Bridge across the River Thames. Moved by Mr. Nairn, seconded by Mr. mcCrady, that the communications from the County Council of Middlesex relative to the erection of a bridge over the River Thames near Wards- ville, together with the Engineers Report on the MacKintosh Bridge be referred to the Committee on Public Improvements. Mr. J. H. Munro, a member of the Middlesex County Council, being present, addressed the Council in reference to the erection of the Wardsville Bridge. Mr. Connor, Engineer of Middlesex, being also present, made statement regarding the Wardsville Bridge and said the cost of erecting said Bridge would be about three thousand dollars. Moved by Mr. Glover, seconded by Mr. Suffel, that Mr. McKillop be added to the Committee on Public Improvements in place of Mr. McDougald, resigned. In amendment, moved by Mr. McCrady, seconded by Mr. McDowell, that Mr. Suffel be appointed to the Committee on Public Im- provements, in place of Mr. McDougald, resigned. The amendment was put and lost and the original motion carried. Moved by Mr. Glover, seconded by Mr. Suffel, that the appointment of the Revd. E. Sheppard, as Superintendent of Schools for the East Riding of the County, made by the Warden on the resignation of Mr. Hutton, be confirmed by this Council. carried Moved by Mr. Suffel, seconded by Mr. Glover, that a committee of three be appointed to meet the committee from the Town of St. Thomas, in reference to the withdrawal of the Town of St. Thomas from the jurisdiction of this Council and that the committee be appointed in the usual way. The following members were accordingly voted said Committee: Messrs. Decow, McCrady and Glover (Cont'd) -29- (Elgin County Council Proceedings, 1861 - 1867) 9th October, 1861. Moved by Mr. McCrady, seconded by Mr. Nairn, that the Treasurer be called upon to give information to this Council relative to a Resolution passed by this Council at its last session, revealing the fact that the Deputy Clerk of the Crown held certain moneys belonging to the County Jurors Fund and calling upon him to pay the same. carried. The County Treasurer being present, made statement to the Council in relation to the Jurors Fund. Moved by mr. Suffel, seconded by Mr. Glover, that the Council do now adjourn till nine o'clock tomorrow morning in order that the Committee on Public Improvements may meet, also the committee appointed to meet the Committee from the Town of St. Thomas and that the Committee on Public Improve- ments do meet immediately. William McKay Clerk J. H. Jones Warden THIRD SESSION 1861 loth October, 1861. Thursday the lOth day of October, the Council met at 9 o'clock forenoon. The Warden in the Chair. members Present: Messrs: McIntyre McCrady Smith Nairn Glover Galbraith Maginnis McKillop Maginnis McDowell Kerr Suffel (cont'd) -JO- (Elgin County Council Proceedings, 1861 - 1867) lOth October, 1861. The proceedings of the previous day were read and authorised to be signed. mr. McKillop, Reeve of Aldborough, submitted report of standing Committee on Public Improvements, which was read. After which it was moved by Mr. Galbraith, seconded by Mr. McDowell, that the report of the Committee on Public Im- provements be received and referred to Committee of the whole. carried The Council went into Committee of the whole on the report of Committee on Public Improvements. Mr. Smith in the chair. The Council resumed. " The Chairman reported the adoption of the report of the Committee on Public Improvements with the following amendment. That the sum of two hundred and fifty dollars be appro- priated by the County of Elgin to assist in repairing the MacKintosh Bridge. Said sum to be expended on the conviction that the balance of the sum recommended by the County Engineer, namely one hundred and seventy-eight dollars be made up by the Municipalities of Dunwich and Southwold. And also that the amount recommended, to be appropriated for the Wardsville Bridge, be not paid by the County Treasurer until said bridge is finally completed. After which it was moved by Mr. Glover, seconded by Mr. Gilbert, that the report of the Committee on Public Improve- ments relating to the Wardsville and MacKintosh Bridges be adopted as amended in Committee of the whole. carried The Yeas and Nays being called for were ta~en down as follows: Yeas McKillop, Gilbert, Kerr, Smith, Decow_ McIntyre, Galbraith, McDowell, Nairn, Maginnis, Suffel, Glover 12 N~s McCrady I (cont'd) -31- (Elgin County Council Proceedings, 1861, -.'.1867) loth October 1861. Motion carried by a majority of 11 Moved by Mr. Suffel, seconded by Mr. Decow, that this Council do petition the Government to take no',. further action towards obliging owners of Mills on the several . streams running through this County to erect fishways or slides at their respective dams. carried The Yeas and Nays being called for were taken down as follows: Yeas Glover, Suffel, Maginnis, Nairn, McIntyre, McDowell, Decow, cSmi tho McKillop 9 Nays Gilbert, Kerr, McCrady, and Galbraith 4 Motion carried by a majority of 5 Moved by Mr. McKillop, seconded by Mr. Decow, that a By~Law be drawn up and submitted to this Council at this session appropriating the sum of one thousand dollars towards the erection of the Wardsville Bridge, provided a like amount be granted by the adjoining County of Middlesex in accordance with the resolutions of that Council. carried. Moved by Mr. Decow, seconded by Mr. Kerr, that a By-Law be submitted to this Council to appropriate the sum of two hundred and fifty dollars towards the repair of the Mac- Kintosh Bridge on the River Thames, on condition that one hundred and seventy-eight dollars, the balance of the sum recommended by the County Engineer for said work, be made up by the Municipalities of Dunwich and Southwold. And that the Council of Middlesex grant a like amount carried. On motion, the Council adjourned till two o'clock after-noon. The Council met again at two o'clock, all the members present. (cont'd) -32- (Elgin County Council Proceedings, 1861 - 1876) lOth October 1861. Mr. Nairn, Reeve of Malahide, submitted petition of Thomas Backhouse and others, relating to the disposal of part of original allowance of Township line between Yar- mouth and Malahide, which was read. After which it was moved by Mr. Nairn, seconded by Mr. McDowell, that the petition of Mr. Thomas Backhouse and others for establishing a new line of road in l,ieu of the original allowance on the Town line between Yarmouth and Malahide, be- tween the third and fourth concessions of Yarmouth, be re- ceived and that Mr. Charles Fraser, Land Surveyor, be instruct- ed to examine said original road allowance and the proposed new line of road and report thereon to the next meeting of this Council. Moved by Mr. Gilbert, seconded by Mr. McDowell, that this Council pass a Bylaw appropriating one hundred dollars for the purpose of paying for the right of way to widen Moores lane. Said lane being only twenty feet wide and altogether too narrow for public travel and being the boundary between the Town of St. Thomas and lot number four in the nineth concession of Yarmouth. lost Moved by Mr. Nairn, seconded by Mr. Galbraith, that a committee be appointed to wait upon the Deputy Clerk of the Crown for explanations relative to the amount in his hands belonging to the Jurors Fund and to receive information of the amount received by him belonging to said Fund, since the last meeting of the Council. In amendment, moved by Mr. Gilbert, seconded by Far. McCrady that the Clerk be instructed to notify the Government of the defalcation of P. Murtagh, Deputy Clerk of the Crown, in re- gard to the Jurors Fund. Amendment lost and original motion carried. Moved by Mr. Suffel, Golbert, Nairn and Decow, Mr. Martagh, to ascertain since the last meeting of of this County. seconded by Mr. Maginnis, that messrs be a special Committee to wait on the amount of money received by him this Council due the Jurors Fund carried. (cont'd) - 33 - (Elgin County Council Proceedings, 1861 - 1867) 10th October 1861. Moved by Mr. Suffel, seconded by Mr. Glover, that the Warden be authorised to request Mr. Horsey of Kingston to furnish a copy of the plan and estimate of the alterations made at the Branuford Jail and the enclosure connected there- with, that the same m~ be laid before this Council at next session and that the Warden be also authorised to communicate with the Council at Brantford and procure copies from the Council of that County if deemed advisable. The Yeas and Nays being called for on the foregoing motion were taken down as follows: Yeas Glover, Suffel, Maginnis, Nairn, Decow, McDowell, McIntyre, Smith, Kerr, Gilbert and mcKillop 11 Nays Galbraith and McCrady 2 Motion carried by a majority of 9 Moved by W~.Galbraith, seconded by Mr. Smith that this Council adjourn till nine o'clock tomorrow morning. William McKay Clerk J. H. Jones Warden THIRD SESSION 1861 October 11th, 1861. Friday the 11th day of October, the Council of the County of Elgin met at nine o'clock forenoon. The Warden in the chair. (Cont'd) -34- (Elgin County Council Proceedings, 1861 - 1867) October 11th, 1861. Members present: Messrs. McKillop Deciw McCrady Galbraith Gilbert McDowell Kerr Maginnis Nairn Suffel Smith McIntyre Glover The proceedings of the previous day were read and authorised to be signed. The Warden submitted communication from the County Treasurer relating to the County finances and liabilitie~. moved by Mr. Nairn, seconded by Mr. McDowell, that the reports submitted by the County Treasurer be submitted to the Finance Committee. carried. The County Treasurer appeared before the Council and made statement in reference to Mr. Bechers claim on account of land in Aldborough alledged to have been erroneously sold for taxes. After which it was moved by mr. Glover, seconded by Mr. McKillop, that the Warden confer with mr. Becher regarding his claim against this County (for expenses incurred in recover- ing land erroneously sold for taxes) with a view of settling the same and that he authorise to arrange with Mr. Becher on the best terms possible for the County and that the County Treasurer be authorised to pay the amount that may be agreed upon by the Warden and that any sum overpaid to Aldborough be refunded to the County. carried. The Clerk submitted draft of By-Law No. 95, to appropriate one thousand dollars towards the erection of a bridge across the River Thames at Wardsville. Moved by mr. Glover, seconded by mr. Maginnis, that By- Law No. 95 be read a first time. carried. moved by Mr. Gilbert, seconded by Mr. McKillop, that Bylaw No. 95 be read a second time. carried (cont'd) -35- (Elgin County Council Proceedings, 1861 - 1867) October 11th 1861 Moved by Mr. Suffel, seconded by Mr. Glover, that this Council do go into Committee of the whole on By-Law No. 95 carried The Council went into Committee of the whole on By-Law No. 95. Mr. Glover in the chair. The Council resumed. The Chairman reported the adoption of the By-Law. After which, moved by Mr. Suffel, seconded by mr. Maginnis, that By-Law Number ninety-five be read a third time and finally passed. The Clerk submitted draft of By-Law No. 96, to appropriate the sum of two hundred, and fifty dollars towards the repair of the MacKintosh Bridge across the River Thames, between the Counties of Elgin and Middlesex. Moved by Mr. Decow, seconded by Mr. Suffel, that By-Law No. 96 be received and read a first time. carried Moved by Mr. Suffel, seconded by Mr. Maginnis, that By- Law No. 96 be read a second time. carried Moved by Mr. Glover, seconded by mr. Decow, that By-Law No. 96 be amended by striking out the last clause referring to the Townships of Dunwich and Southwold. carried Moved by Mr. Glover, seconded by Mr. pecow, that By-Law No. 96 be read a third time and finally passed as amended. ~tt. Murtagh appeared before the Council and made statement in reference to the Jurors Fund. Moved by Mr. Gilbert, seconded by Mr. Kerr, that this Council after hearing Mr. Murtagh, respecting his defalcation to the Jurors Fund, that this Council comply with Mr. Murtaghs request, giving Mr. Murtagh one week to pay fifty pounds and one month to pay the additional fifty pounds, if said sum be not paid at that time to the Treasurer, that the Clerk be ordered to notify the Government of said defalcation. carried The Clerk read report of the special Committee on the separation of the Town of St. Thomas from the County. (Cont'd) ~~ (Elgin County Council Proceedings, 1861 - 1867) October 11th, 1861. Moved by Mr. Glover, seconded by Mr. Decow, that the report of the special Committee appointed to confer with the Committee from the Town of st. Thomas in reference to seP- aration be received and adopted. carried Moved by Mr. Decow, seconded by Mr. Glover, that John Galbraith, Deputy Reeve of Dunwich be appointed a Commissioner to expend the two hundred and fifty dollars granted by this Council to repair the MacKintosh Bridge. carried. Moved by W. A. Glover, seconded by Mr. Suffel, that the special Committee appointed to confer with the Town Committee be discharged and that a new Committee be appointed to con- sist of the Warden, Nairn, Decow and McCrady, with a request to report at next meeting of this Council. carried Moved by Mr. Suffel, seconded Warden be authorised to sign draft the Council adjourn till the third by mr. Decow, that the for members wages and that Tuesday in November next. William McKay Clerk J. H. Jones Warden (cont'd) -37- (Elgin County Council Proceedings, 1861 - 1867) FOURTH SESSION 1861 19th November, 1861. Tuesday the 19th November, the Council met at 12 o'clock noon, according to the adjournment. The Warden in the chair. Member.s present: Messrs. McKillop Kerr Galbraith Smith 'McDowell Maginnis Suffel Glover Gilbert Decow McIntyre McCrady Nairn The proceedings of the last day of the previous session were read and authorised to be signed. The Warden addressed the Council. The following communications were than read: From Mr. Horsey, of Kingston, in reference to plans for alterations required in gaol. From the Brant County Clerk, in reference to alterations making in the prison in that County. From the Middlesex County Clerk, with copies of By-Laws of that County relating to appropriations to erection and repair of the MacKintosh and Wardsville Bridges across the River Thames. From the Inspector of Fisheries in reference to the erection of fishways on Mill Dams. From the Warden of the County of Simcoe, in reference to the Georgian Bay Canal. (Cont'd) -38- (Elgin County Council Proceedings, 1861 - 1867) November 19th, 1861. Moved by Mr. Decow, seconded by Mr. Kerr, that William Martin be appointed messenger in place of R. Willis and at the usual salary. carried. Moved by Mr. Nairn, seconded by Mr. Maginnis that the Committee appointed to meet the Inspectors of Prisons, be requested to procure or draw plans and specifications for the alterations of the gaol as required by the Government, similar to the gaol of the County of Norfolk and submit the same to the next meeting of the Council. carried Moved by Mr. Suffel, seconded by Mr. Gilbert, that the Council adjourn till nine o'clock tomorrow morning in order that the Finance Committee may meet. carried William McKay Clerk J. H. Jones Warden FOURTH SESSION 1861 20 November 1861. WedneSday the 20th November, the Council met at nine o'clock forenoon. The Warden in the chair. The proceedings of previous day read. Members present: Messrs. McCrady Maginnis Glover Suffel Gilbert Smith McKillop McDowell Nairn Decow Kerr Galbraith McIntyre (cont'd) -39- (Elgin County Council Proceedings, 1861 - 1867) November 20, 1861. The Warden submitted communication from T. D. Warren. Clerk of County Court, in reference to stoVe and other im- provements required in his office. The Clerk read a communication from the ~rovincial ~ecretary, acknowledging receipt of Mr. Murtaghs defalcation to the Jurors Funds. Moved by Mr. Glover, seconded by Mr. Suffel, that the report of the committee appointed to confer with the Com- mittee of the TOwn of St. Thomas in reference to a settle- ment be received and read. carried The Clerk read the report. After which, moved by George Suffel, seconded by Mr. Nairn, that the Council do go into Committee of the whole on the report of the special Committeeoappointed to meet the Committee from the Town of St. Thomas with reference to the separation of said Town from the County. carried The Council went into Committee of the whole. Mr. Kerr in the chair. The Council resumed. The Chairman of the Committee of the whole reported progress and asked leave to sit again, which was granted. Moved by Mr. Suffel, seconded by Mr. Gilbert, that this Council do instruct the Committee appointed to meet the special Committee from the Town of St. Thomas in reference to the separation from the County to make the following propo- sition for a final settlement viz the Town of St. Thomas to pay one twentieth part of the railway debt until paid up or as new as can be~ertained, three hundred and twenty dollars annually. And for the next five years for hundred and eighty dollars each year for the use of the County Jail and Court House for County purposes and for their proportion toward the Administration of Justice. This resolution not to be binding on the Council after the termination of the present session. (cont'd) -40- (Elgin County Cguncil Proceedings, 1861 - 1867) November 20, 1861. In amendment, moved by Mr. McCrady, seconded by Mr. Galbraith, that the Council instruct the Committee of this Council appointed to confer with the Committee from the Town of St. Thomas and inform said Committee that they are will- ing to concur and carry out the proposals embraced in the report now before this Council namely, that the Town is to pay for the Administration of Justice and for the use of the Court House and Gaol, annually for the next five years, the sum of six hundred dollars. Also the sum three hundred and twenty dollars annually, as their proportion of the debt for stock in the London and Port Stanley Railway till paid and receive one twentieth part of said stock. This offer to stand open till three o'clock this afternoon. The amendment was put and lost and the original motion carried. The Yeas and Nays being called for on the original were taken down as follows: Yeas Maginnis, Decow, McDowell, Smith, Gilbert, Suffel and Glover 7 Nays McKillop, Galbraith, Kerr, McCrady and Nairn 5 Original motion carried by majority of 2 Moved by Mr. Kerr, seconded by Mr. Decow, that the account of D. Hanvey Esqr. for services inspecting the Mac- Kintosh Bridge and reporting thereon in October last, - amounting to the sum of ten dollars, be paid. carried. Moved by Mr. Glover, seconded by Mr. Suffel, that this Council adjourn till three o'clock afternoon. The Council resumed. The Chairman of the Committee on Finance, submitted report. Moved by Mr. Suffel, seconded by Mr. Glover, that the report of Finance Committee be received and read. Moved by Mr. Glover, seconded by Mr. Suffel, that the report of Finance Committee be adopted and that the Warden be authorized to sign drafts for the accounts therein specified. (cont'd) -41- Elgin County Council Proceedings, 1861 - 1867) November 20, 1861. Moved by Mr. Suffel, seconded by Mr. Glover, that the Council do grant an additional fifty dollars to the Vienna Grammar School for the present year in consideration of the said School being free in every respect to all pupils attending the same from any portion of the County as well as the Village of Vienna. carried. Yeas McKillop, Kerr, McDowell, Maginnis, Nairn, Suffel and Glover. 7 Nays McCrady, McIntyre, Gilbert, Smith and Galbraith 5 Motion carried by majority of 2 Mr. McDowell submitted report of Charles Fraser Esqr., Provincial Land Surveyor, relating to the establishment of a new road in place of a part of the Town line between Yar- mouth and Malahide, adjoining the third and fourth concession of Yarmouth. Moved by Mr. Nairn, seconded by Mr. McDowell, that the Clerk be instructed to prepare a By-Law to establish the new line of road in lieu of that portion of the Town line between Yarmouth and Malahide, between the ]rd and 4th concession of Yarmouth as recommended in Mr. Charles Frasers report, to be submitted to the next meeting of Council and that the pre- liminary notices required by law in such cases be given by the Clerk. carried. Moved by Mr. Suffel.. seconded by Mr. M~innis, that the proposition made by the Committee from the Town of St. Thomas to pay seven hundred dollars per annum for railway debt, use of Court House and Jail and Administration of Justice be not accepted by this Council. Carried Moved by Mr. Decow, seconded by Mr. Galbraith, that this Council adjourn till nine o'clock tomorrow morning. William McKay Clerk J. H. Jones Warden ELGIN COUNTY LlBAAiW(cont;d) -42- (Elgin County Council Proceedings, 1861 - 1867) FOURTH SESSION 1861 Third Day 21 November 1861. Thursday the 21st November, the Council met at nine o'clock a.m. The Warden in the chair. Members present: Messrs. McKillop Decow Gal brai th Smith Kerr McIntyre McDowell Maginnis Nairn McCrady Suffel Glover The previous days proceedings were read and signed. Leave of absence was granted to Mr. Decow on account of urgent business. (cont'd) -4J- (Elgin County Council Proceedings, 1861 - 1867) November 21, 1861. Moved by W~. Suffel, seconded by Mr. Glover, that the Council do accept the proposal for settlement made by the Council of the Town of St. Thomas for a final separation from the County viz to pay three hundred and twenty dollars annually (or one twentieth of the London and Port Stanley Railway debt) until paid up that portion of the railway stock. When paid up to belong to the Town and for the next five years, three hundred and eighty dollars per year, for the rise of the court House and Jail and for their proportion towards the ex- penses of the Administration of Justice. And a further sum of two hundred and fifty dollars (being balance considered due the County on settlement) to be paid into the office of the County Treasurer, before the meeting of the County Council in January next. Said sum of seven hundred dollars to be paid each and every year for the next five years on or before the first of December. The first payment to be made in December 1862. The Yeas and Nays being called for on the foregoing re- solution were taken down as follows: Yeas McKillop, Kerr, Smith, McDowell, Maginnis, Suffel and Glover 7 Nays McCrady, Galbraith and Nairn J Motion carried by majority of 4 Moved by Mr. Glover, seconded by Mr. Suffel, that when the proper papers are drawn up for a final separation of the Town of St. Thomas from the County, in accordance with the resolution just passed, the Warden be authorized to execute the same on behalf of the County. carried Moved by Mr. McDowell, seconded by Mr. Smith, that this Council do grant the sum of sixty dollars to J. H. Jones Esqr. Warden, for extra expenses incurred, while in the per- formance of his duties as Warden of this County. carried. (cont'd) -44- (Elgin County Council Proceedings, 1861 - 1867) November 21 1861 Moved by Mr. Nairn, seconded by Mr. Glover, that the thanks of this Council be presented to J.H. Jones Esqr" for the able and efficient manner in which he has discharged his duties as Warden of the County for the present year. carried Moved by Mr. McKillop, seconded by Mr. Kerr, that a vote of thanks be given to the Clerk and Treasurer for the satisfactory manner in which they have performed their duties for the present year. carried Moved by Mr. McKillop, seconded by Mr. Suffel, that this Council adjourn Sine Die and that the Warden sign draft for members wages. William McKay Cewrrty Clerk J.H. Jones Warden