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1862 Minutes - 45 - (Elgin County Council Proceedings, 1861 - 1867) FIRST SESSION 1862 28 January 1862. Tuesday the twenty-eighth day of January. The Reeves and Deputy Reeves of the respective Munici- palities, in the County of Elgin met this day, in accordance with the provisions of the Act, respecting the Municipal In- stitutions of Upper Canada, Chapter 54 of the Consolidated Statutes of Upper Canada. And having filed their certificates of qualification with the Clerk, took their seats in the Council. Presents: Daniel Luton Deputy Reeve Yarmouth 9 Orwell John Galbraith Reeve Dunwich 16 Iona Peter Gow Deputy .. .. 18 Tyrconnel George Suffel .. Vienna 28 Vienna John Clunas .. Dorchester 17 Clunas John Smith .. Southwold 5 Talbotville Arch Kerr Deputy .. .. 16 Iona John H. Jones .. Bayham 23 Straffordville William Glover Deputy .. .. 30 Pt. Burwell Thomas M. Nairn .. Malahide 12 Aylmer Hugh Maginnis Deputy .. .. 20 Salem John McKillop .. Aldborough 42 Wardsville The members present were called to order. The Clerk in the chair. Moved by Mr. Galbraith, H. Jones be appointed Warden year. seconded by Mr. Nairn, of this County for the carried that J. present (Cont'd) - 46 - (Elgin County Council Proceedings, 1861 - 1867) 28 January 1862. The Warden elect having made the declaration of office before the County Clerk, took the chair and addressed the Council. The Clerk then read the proceedings of the last day of the previous session of the late Council, which were author- ised to be signed. The Clerk then read the indenture of separation between the County and the Town of St. Thomas and the Government Pro- clamation relating thereto. The Clerk also read a communication from the Revd. E. Sheppard, Local Superintendent of Schools, soliciting a grant 'of one hundred dollars, to procure prises for the best scholars in the County. The Clerk read petition of James Fitzimons and others relating to the state of bridge at or near the Town line between Yarmouth and Southwold, on the bounds of the Cor- poration of the Town of St. Thomas. The Clerk also read communications from the County Teasurer, relating to the financial affairs of the County and lands in arrear for taxes. After which, moved by George Suffel, seconded by Mr. Glover, that the standing Committees on Finance, Education and Public Improvements be now appointed in the usual manner and that they consist.of five members each. The following Committees were then voted: FINANCE Luton Smith Nairn Suffel Glover EDUCATION Jones Kerr Suffel Glover Nairn (Cont'd) -47- (Elgin County Council. Proceedings, 1861 - 1867) 28 January 1862. PUBLIC IMPROVEMENTS Galbraith McKillop Smith Maginnis Luton Moved by Mr. Luton, seconded by Mr. Smith, that this Council reappoint the Revd. E. Sheppard to the office of Local Superintendent of Common School in the East Riding of the County of Elgin for the Current year, with a salary same as previous year. carried Moved by Mr. Kerr, seconded by Mr. Galbraith, that John S. McColl be reappointed Local Superintendent of Common Schools in the West Riding of the County for the present year, with a salary same as~revious year. carried Moved by Mr. Glover, seconded by Mr. Suffel, that John McLean be appointed by this Council, County Auditor and J. White as the nvminee of the Warden, be also appointed to said office for the current year. In amendment, moved by Mr. Nairn, seconded by Mr. Clunas, that John Kirkland be appointed one of the Auditors for the current. year and also William J. White, the nominee of the Warden. Amendment carried, original motion not put. Mr. Sheppard, being present, addressed the Council in reference to the office of Grammar School Trustee and appro- priation for prizes. On motion of Mr. Suffel, seconded by Mr. Glover, the Council adjourned till ten o'clock tomorrow morning. William McKay County Clerk J. H. Jones Warden (cont'd) -48- (Elgin County Council Proceedings, 1861 - 1867) FIRST SESSION 1862 Second Day 29th January 1862. Wednesday the 29th day of January, the Council met at 10 o'clock forenoon. The Warden in the chair. The proceedings of the previous day were then read and authorised to be signed. Members present: Messrs. -'Nairn Maginnis Gow Kerr Suffel McKillop Moved by Mr. Suffel, seconded by Mr. Maginnis, that S. Newcomb and J. P. McDonald, be reappointed Trustees of the Vienna County Grammar School. carried Galbraith smith Clunas Luton Glover Moved by Mr. Suffel, seconded by Whitney be appointed a Trustee of the in place of Samuel Garnsey, deceased. Mr. Nairn, that L. W. Vienna Grammar School carried . Moved by Nairn, seconded by Mr. Gow, that this Council ~ with alarm the efforts being p~t forth by certain Muni- cipalities throughout the Province to have the Government as assWE their indebtedness and believing that such a measure would be unjust in principle and subversjye of the best interests of Society. Hereby appoint a committee, consisting of the Warden, Mr. Glover and Mr. McKillop, to draft and forward on behalf of this Councilr }Etitions to both branches of-tile-Legislature, praying that they will refuse to entertain any scheme, having for its object the saddling of the railway and other undebted- ness of Municipalities upon the Province. (cont'd) - 49 - (Elgin County Council Proceedings, 1861 - 1867) 29th Janaury 1862. Moved by Mr. Clunas, seconded by Mr. Suffel, that the following members of this Council viz Messrs. Smith, Nairn and the Warden, be a special committee, to meet the Inspectors of Prisons, furnish jail supplies and provide for the print- ing required for the current year. carried Moved by Mr. Suffel, seconded by Mr. Glover, that this Council petiton Parliament to grant no further aid to the Grand Trunk Railway. carried Moved by Mr. Nairn, seconded by Mr. Maginnis, that the time for the collection of the rates of 1861, be extended throughout the various municipalities in the County till the first day of March next. carried Moved by Mr. McKillop, seconded by Mr. Glover, that J.- W. Dobbie be appointed to the office of County Engineer. Moved by Mr. Nairn, seconded by Mr. Maginnis, that the Warden be authorised to sell the property owned by this Cor- poration and situated on Talbot Street in the Town of St. Thomas, provided the Warden should deem it adviseable to dispose of the same. carried Moved by Mr. Nairn, seconded blank copies of returns of school use of the several municipalities to the various Township Clerk. by Mr. Suffel, that 1,000 taxes, uncollected for the be printed and distributed carried The Clerk submitted draft of By-Law No. 97, entitled, "A By-Law to determine the amount to be paid to County Auditors". Moved by Mr. Suffel, seconded by Mr. Glover, that By-Law No, 97 be received and read a first time. Moved by Mr. Kerr, seconded by Mr. Smith, that By-Law No. 97 be read a second time. In amendment, moved by J. McKillop, seconded by Mr. Galbraith, that By-Law Number 97 be so amended that the Auditors be allowed a salary of fifty dollars for services of both. The amendment was put and lost and the main motion carried. . (Cont'd) -50- (Elgin County Council Proceedings, 1861-1867) 29th January, 1862. The Yeas and Nays being called for and the amendment were taken as follows: Yeas ~:uton, Gow, Galbraith and McKillop Nays Kerr, Smith, Clunas, Nairn, Maginnis, Suffel, and Glover. Moved by Mr. Maginnis seconded by Mr. Suffel that By- law number 97 fixing the salaries of the County Auditors at Sixty Dollars for the services of both be read a third time and finally passed the Yeas and Nays being called for on the above motion were taken as follows. Yeas Nairn, Glover, Suffel, Maginnis, Clunas~ Smi~h.ahd Kerr N~s Gow, Galbraith, McKillop and Luton On motion of Mr. Glover seconded by Mr. Luton the Council adjourned till ten o'clock tomorrow morning to allow the Committees to meet. William McKay County Clerk J. H. Jones Warden -51- (Elgin County Council Proceedings, 1861-1867) FIRST SESSION 1862 Third day 30th January, 1862. Thursday the 30th day of January, the Council met at 10 o'clock forenoon. The Warden in the chair. Members present: Messrs. Smith '. Suffel Maginnis Nairn Gow Clunas Kerr McKillop Galbraith Luton Glover The proceedings of previous day were read and signed. The Warden submitted copy of Bylaw number 105 of the Middlesex County Council appropriating an additional amount of four Hundred Dollars in aid of the erection of the Wards~ ville Bridge across the River l'l:1ames. Moved by Mr. Maginnis seconded by Mr. Suffel that the Revd. cD. W. Rowland and Thomas Hodge be appointed Trustees of the St. Thomas County Grammar School. carried. Moved by Mr. McKillop seconded by Mr. Kerr that a By- law be passed in accordance with the Bylaw of the County Council of Middlesex appropriating Four Hundred Dollars more for this erection of a Bridge across the River Thames at Wardsville. carried. The Clerk read the arrival report of the Directors of the St. Thomas and Aylmer Gravel Road Company. (cont'd) -52- (Elgin County Council Proceedings, 1861-1867) 30th January, 1862. The Clerk submitted draft of Bylaw number 98 to appro- priate the sum of Four Hundred Dollars toward the erection of the Wardsville Bridge. Moved by Mr. Galbraith seconded by Mr. John McKillop that Bylaw No. 98 be received and read a first time. Moved by Mr. McKillop seconded by Mr. Kerr that By- law number 98 be read a second time. carried. Moved by Mr. McKillop seconded by Mr. Galbraith that Bylaw number 98 be read a third time and finally passed carried. The Clerk read report of the Standing Committee and Education also statement from the St. Thomas and Vienna County Grammar Schools. Moved by Mr. Suffel seconded by Mr. Nairn that the Report of the Committee on Education be received. Moved by Mr. Suffel seconded by Mr. Glover that the report of the Committee on Education be adopted. The Warden submitted communication from John S. McCall in reference to Common Schools in the West Riding of the County which was read by the Clerk. The Clerk submitted draft of Bylaw number 99 to open a new road between Lots number 27 and 28 in the fourth concession of Yarmouth in lien of part of this original allowance for Township line between Yarmouth and Malahide. Moved by Mr. Luton seconded by Mr. Gow that Bylaw number 99 be received and read a first time. carried. Moved by Mr. Suffel seconded by Mr. Maginnis that Bylaw No. 99 be read a second time. carried. (cont'd) -53- · (Elgin County Council Proceedings, 1861-1867) 30th January, 1862. Moved by Mr. Nairn seconded by Mr. Suffel that Bylaw number 99 be read a third time and finally passed. Moved by Mr. Nairn seconded by Mr. Suffel that a Committee consisting of the Warden Mr. Smith and Mr. Luton be appointed to prepare an humble address to be adopted by this Council to Her Most Gracious Majesty Queen Victoria expressive of the Continued Loyalty and attachments of her Ma~esty' s Subjects in this County arid of sympathy and condolence in the loss which she and the whole Nation has recently sustained in the lamented death of His Royal Highness the Prince Consorts. Mr. Nairn gave notice that tomorrow morning he will bring forward a motion to adopt a petition to the Legis- lature relative to the attempts made, to alienate a portion of the endowment granted to the University of Toronto and devoting the same for the benefit of denomi- national Colleges. Moved by Mr. Glover seconded by Mr. Suffel that this Council adJoUrn ~ill .two o'clock P.M. The Council resumed. The Clerk submitted draft of Bylaw number 100 to establish a certain Road through Lots 5, 6, 7, 8 and 9 in the second Range East of the River Road in Southwold. Moved by Mr. Smith seconded by Mr. Kerr that Bylaw number 100 be read a first time. carried. Moved by Mr. Luton seconded by Mr. Gow that By;Law number 100 be read a second time. carried. Moved by Mr. Glover seconded by Mr. Maginnis that in consequence of the repeated cases of arson which have lately occurred in this County and the necessity for United Action for the suppression of these crimes and the conviction of the criminals this Council agree -54- (Elgin County Council Proceedings, 1861 - 1867) 30th January, 1892. to appropriate the sum of One Hundred Dollars to assist in offering a reward to any pe~son or persons who will give such information within one year as will lead to the con- viction of the parties who destroyed by fire the ~arns and other buildings north of-the village of Orwell in October last and owned by Mr. David Davis. carried Moved by Mr. Clunas seconded by Mr. Smith that the Clerk be requested to furnish the several Municipalities with the assessment and collectors Eolls and slips at as early a date as convenient. carried Mr. Kains appeared before the Council and made state- ment in reference to the state of the Bridge across Kettle Creek near the Township line between Yarmouth and South- wold. Moved by Mr. Suffel seconded by Mr. Glover that the petition of James Fetszemons _ and others be referred to the Councils of Southwold and Yarmouth for settlement carried. Moved by Mr. Suffel seconded by Mr. Maginnis that the Council adjourn till ten o'clock tomorrow morning. William McKay County Clerk J. H. Jones Warden -55- (Elgin County Council Proceedings, 1861-1867) FIRST SESSION 1862 Fourth Day 31st January, 1862. Friday the 31st day of January. The Council met at 10 o'clock forenoon. The Warden in the Chair. Members present: Messrs. McKillop ,Gow Kerr Smith Galbreath Luton Maginnis Nairn Suffel Glover Clunas The proceedings of the previous day were read and authorised to be signed. After which it was moved by Mr. Suffel seconded by Mr. Glover that the Clerk of this County be authorised to attach the County seal to notes that the Warden and Treasurer may have given or have to give for monies borrowed when presented to him for that purpose. carried. The Clerk submitted Bylaw number one hundred and one relating to local superintendents of Common Schools. On motion of Mr. Suffel seconded by Mr. Glover and resolved that Bylaw number 101 be read a first time. Moved by Mr. Clunas seconded by John Smith that By- law number 101 be read a second time. carried. -56- (Elgin County Council Proceedings, 1861 - 1867) 31st January, 1862. Moved by Mr. McKillop seconded by Mr. Kerr that Bylaw number 101 be read a~third time and finally passed. The Chairman of Finance Committee Submitted Report which was read. Moved by Mr. Maginnis seconded by Mr. Clvnas that the Council go into Committee of the whole on the Report of Committee on Finance. carried. The Council were then put into Committee of the whole on Finance Report. Mr. Clunas in the chair. The Council resumed. The Chairman reported the adOption of the Report without amendment. Moved by Mr. Suffel seconded by Mr. Maginnis that the report of the Finance Committee be adopted and that the Warden be authorised to sign cheques for the several accounts therein named. Mr. King appeared before the Council and made state- ment in relation to Board of Prisoners. Moved by Mr. Suffel seconded by Mr. Glover that the Gaoler Mr. King be allowed Twenty-Five Cents per day for boarding prisoners and six Cents a peiec for washing for the same. carried. Moved by Mr. Luton seconded by Mr. Gow that this Council authorize the County Treasurer to advertise all patented Lands that are five years in arrears for Taxes in the County as soon as the returns for 1861 are completed. carried. Moved by Mr. Suffel seconded by Mr. Nairn that this Council petition the three branches of the Legislature at the coming session to make such an amendment to the present Jury Law of Upper Canada whereby the expenses in selecting Jurors may be reduced. (cont'd) -57- (Elgin County Council Proceedings, 1861-1867) 31st January, 1862. The Warden submitted communication from the County Council of Simcoe relating to Taxes Collected on unpatented Lands. Moved by Mr. 'McKillop seconded by 1l1r.. Galbreath that in reference to the communication from the Warden of the County of Simcoe soliciting the reciprocal action of this Council in urging the Government at an early day in the ensuing Parliamentary Session to enacts such a Law as will legalize if in error the action of the several County Municipalities in the Province that have been in the habit of assessing and ultimately selling unpatented Land in arrears for Taxes before six years after first day of August and following the June in which the assessment was made and that the matter be brought before Parliament by petition and not by depatation as recommended by the Warden of the County of Simcoe and that a petition in accordance herewith be sent to the Legislature at its approaching session. carried. The Warden read draft of an address to Her Majesty prepared by the Committee appointed the previous day for that purpose. Moved by Mr. Nairn seconded by Mr. Maginnis that the address prepared by the Committee to be forwarded to Her Most Gracious Majesty Queen Victoria be adopted and that the Warden be requested to sign the same on behalf of this Council. carried. Moved by Mr. Suffel seconded by Mr. Glover that Messrs Smith,-Nairn, and the Warden be a Special Committee to make preliminary arrangements for the alterations and improve- ments to be made in the County Jail and enclosures connected therewith. carried. (cont'd) -58- (Elgin County Council Proceedings, 1861-1867) 31st January, 1862. Moved by Mr. Nairn seconded by w~. Glover that this Council observes with regret the attempts being made by certain individuals and Religious denominations to subvert the basis of our National Educational System by claiming for certain Colleges under denominational control a portion of the funds appropriated for the endowment of the University of Toronto and University College and believing -:i;hat:o'lJr whole Educational System should be free from sectarial bias or denominational control strongly urge upon the Governments the necessity of maintaining said University in an efficient condition with ample means for the prosecution of its. . legitmate objects and if after this has been accomplished a surplus remains that it should be divided annually amongest the Grammar Schools of Upper Canada. carried. Moved by Mr. Maginnis seconded by Mr. Suffel that a petition be drawn up and forwarded to Parliament at its next Session in accordance with the resolution last passed. carried. Moved by Mr. Glover Council adjourns to meet and that the Warden sign seconded by Mr. Suffel that the on the first Tuesday in June next draft for members wages. William McKay. Clerk. J. H. Jones Warden. -59- (Elgin County Council Proceedings, 1861-1867) SECOND::SESSION 1862 Jrd June, 1862. Tuesday the third day of June. The Council met according to adjournment at ten o'clock forenoon. The Warden in the Chair. Members present: Messrs. McKillop Gow Gal breath ,Kerr Smi th Luton Clunas Gilbert Magginnis Nairn Glover Eakin The proceedings of the previous -session were read and authorised to be signed. The Warden addressed the Council. Mr. Eakins presented certificate and took his seat as Reeve of Vienna in place of Mr. Suffe1 resigned. The following communications were then read from the Council of Leeds and Grenville a reference to the Jury Laws From Donald D. Campbell relating to Land in Aldborough sold for Taxes. From R. J. Harding Toronto in reference to Land in Bayham, sold for Taxes. From the Provincial Secretary in reference to the address of this Council to her Majesty. (cont'd) -60- (Elgin County Council Proceedings, 1861-1867) Jrd June 1862. From the Governer General Secretary enclosing reply to the address of condolence forwarded to Her Majesty from this Council. Communications read from Leonidas Burwell acknow- ledging receipt of petition of this Council presented by him to the Legislature. From George Macbeth acknOWledging receipt 9~ petition Of this Council presented by him to the Legislative Assembly. From the County Treasurer showing Financial Statement and Estimate of expenditure to be provided for during the current year. Also lest of Lands in the Sheriffs hands for collection of arrear of Taxes. . From Clerk of the Peace with copy of presentment March 1862. From Messrs Start and Adams with petition of James Applebe relating to Taxes paid qn Lands in Southwold. From the Board of Inspector of Prisons in reference to alteratiDn in the Gaol permises From Provincial Secretary in reference to plans sub- mitted of Gaol alterations. From the Clerk of County of Kent with copy of Bylaw relating to statute labor on County boundrief;' From the Education Office Toronto with copy of apportion- ment for Common Schools. From the County Auditors with statement of School Accounts. From the County Auditors with statement of general receipts and disbursements. (cont'd) -61- (Elgin County Council Proceedings, 1861-1867) 3rd June, 1862. Moved by Mr. Glover seconded by Mr. Nairn that Mr. Eakins be appointed to the Finance Committee in, place. of Mr. Suffel resigned. Messrs. Hepburn and Johnson appeared before the Council and made statement in reference to that part of the Gravel Road which passes through the Town of St. Thomas. Moved by Mr. McKillop seconded by Mr. Gow that this Council adjourn till nine o'clock tomorrow morning. William McKay Clerk. J. H. Jones Warden. -62- (Elgin County Council Proceedings, 1861-1867) SECOND SESSION 1862 4th June, 1862. Wednesday the 4th-:June. The Council met at nine O'clock forenoon. The Warden in the chair. All the members present. The proceedings of previous day were read and signed. The Clerk read petition of Thomas D. Warr.en Registrar of the Surrogate Court in reference to an additional iron door to the vault in his office. The Clerk also read communication from Charles Fraser Provincial Land Surveyor relating to the survey of new road in view of part of the Township- line between Yarmouth and Malahide and laid out between Lots. No. 27 and 28 in the fourth concession of Yarmouth. , Moved by Mr. Clunas seconded by Mr. Gilbert that the Auditors report and statement of receipts and disbursements for the year 1861 be adopted. carried. Moved by Mr. Nairn seconded by Mr. Luton that the following members be a Committee for equalizing the current years assessment rolls namely Messrs McKillop,~ow, Kerr, Gilbert, McGinnis, Clunas, Jones and Eakins. carried. Moved by Mr. McKillop seconded by Mr. Galbreath that the Warden be authorised to sign drafts for the appropriations to the Wardsville Bridge in accordance with the contract. carried. Moved by Mr. Glover seconded by Mr. Nairn that Messrs Jones,Luton and Gilbert be appointed a special Committee to confer with Messrs Hepburn and Johnson regarding the state- ment made by them yesterday complaining that their rights in the Gravel Road are affected by the action of this (cont'd) -63- (Elgin County Council Proceedings, 1861-1867) 4th. June, 1862. Council in the separation of the town of St. Thomas from the County. carried. Moved by Mr. Clunas seconded by Mr. McKillop that this Council adjourn till two o'clock afternoon. The Council met at two o'clock afternoon. The Warden not being present on account of ill health it was moved by Mr. McKillop seconded by Mr. Gow that Mr. Glover act as Chairman in the absence of the Warden. carried. Mr. Kerr submitted copy of Bylaw No. 91 of the Town- ship of Southwold to convey to Neil Graham and Donald Crawford that part of the original allowance for Road infront of Lot number four in the Fourth Concession of Southwold. Moved by Mr. Kerr seconded by Mr. Smith that the Clerk be authorised to draft a Bylaw to confirm Bylaw No. 91 of the Township of Southwoldfor the sale of a certain Original Read Allowance. Mr. Luton moved seconded by Mr. Nairn that this Council pay the account of Charles Fraser amounting to Twent~ nine Dollars for surveying a new road and making astronomical observations in relation thereto across the fourth Con- cession of Yarmouth between Lots- Nos. 27 and 28 said new road being in lieu of a portion of the Township line between Yarmouth and Malahide. carried. Mr. Galbreath submitted copy of resolution of the Middlesex County Council in reference to further ap- propriations for the Mackintosh Bridge across the River Thamas. Moved by Mr. Smith, seconded by Mr. Nairn that the County Engineer be now instructed to inspect the Mackintosh Bridge and report on the repairs necessary on said Bridge and the probable cost thereof. carried. (cont'd) -~- (Elgin County Council Proceedings, 1861-1867) 3rd June, 1862. Messrs Hepburn and Johnson submitted petition which was read. Moved by Mr. Nairn seconded by Mr. Maginnis that Mr. John Smith be appointed a member of the Committee to confer with Messrs Hepburn and Johnson in place of Mr. Jones who is unable to attend to the duties on account of sickness. lost. In amendment moved by Mr. Gilbert seconded by Mr. McKillop that Mr. Nairn be appointed as one of the Com- mittee to confer with Messrs, Hepburn and Johnson in place of the Warden. amendment carried. Moved by Mr. Smith seconded by Mr. Kerr that this Council authorize the County Engineer to survey and report on the line of road in a Southwold which is travelled wheree of the Town line between Yarmouth and Southwold, extending from the corporation of St. Thomas to the lake for the purpose of said line being established as a Township line lost. Mr.E&Ons gave notice that tomorrow he intends to bring forward a motion for a grant of money in aid of the erection of a Common School House in the Village of Vienna. Moved by Mr. Clunas seconded by Mr. Maginnis that this Council adjourn till 10 o'clock tomorrow morning to enable the several Commhttees to complete their reports. William McKay County Clerk. J. H. Jones Warden. -65- (Elgin County Council Proceedings, 1861-1867) SECOND SESSION 1862 Third Day 5th June, 1862. Thursday the fifth day of June. The Council met at ten o'clock forenoon. The Warden in the chair. Members present: Messrs. McKillop Kerr Smith Gow Gilbert Eakin s Luton Clunas Nairn Maginnis Glover Galbreath The proceedings of the previous day were read and signed. Mr. Nairn submitted report of the Special Committee appointed to confer with Messrs Hepburn and Johnson. Moved by Mr. McKillop, seconded by Mr. Kerr that the report of the Committee appointed to confer with Messrs Hepburn and Johnson be received and read. The Clerk read the report. Dr. Southwick the Mayor of the Town of St. Thomas being present addressed the Council in reference to the statements made by Hepburn and Johnson. Moved by Mr. Glover seconded by Mr. Eakins that the report of the Special Committee appointed to confer with Messrs Hepburn and Johnson be adopted. carried. (cont'd) -66- (Elgin County Council Proceedings, 1861~1867) 5th June, 1862. Moved by Mr. Glover seconded by Mr. Eakins that the recommendation of the Special Committee in reference to procuring legal advice in the matter of Messrs Hepburn and Johnson be complied with and that Mr. Wilson be consulted by Mr. Paul in the matter. carried. Moved by Mr. Luton seconded by Mr. Eakins that this Council adjourn till two o'clock afternoon. The Council resumed. The Warden submitted report of the County Engineer on the state of the Mackintosh Bridge. Moved by Mr. Galbreath seconded by Mr. McKillop that the report of Mr. Dobbie on the Mackintosh Bridge be received carried. Moved by Mr. Luton seconded by Mr. Eakins that the report of Mr. Dobbie respecting the Mackintosh ~ridge be referred to the Committee on Public Improvements. carried The Chairman of Committee on Public Improvements sub- mitted report which was read. Moved qy lf~. Clunas seconded by Mr. Gilbert that the report of Committee on Public Improvements be received. carried. Moved by Mr. Nairn seconded by Mr. Clunas that this Council go into Committee of the whole on the report of Committee on Public Improvements. carried. The Council went into Committee of the whole . Mr. Eakins in the chair. The Council resumed. (cont'd) -67- (Elgin County Council Proceedings, 1861-1867) 5th June, 1862. The Chairman reported the adoption of the report by the Committee of the whole with an amendment. Moved by Mr. Glover seconded by Mr. Nairn report of the Committee on Public improvements in Committee of the whole be adopted. that the as amended carried. Moved by Mr. Galbreath seconded by Mr. Kerr that the report of Mr. Dobbie on the Mackintosh Bridge be adopted. carried. Mr. Nairn submitted report of the Gaol Committe~ which was read. Moved by Mr. Nairn seconded by Mr. Maginnis that the report of the Gaol Committee be received. carried. Moved by Mr. Gilbert seconded by Mr. Kerr that the report of the Committee on Gaol improvement be laid over till next meeting of this Council before being adopted. carried. Moved by Mr. Luton seconded Council adjourn till ten o'clock enable the several Committees to by Mr. Clunas that this tomorrow morning to complete their reports. William McKay Clerk J. H. Jones Warden. .' _'- __ ,".,'",'~ ._',~___ ...,'_<C .""'~__'_'~' .~_ _. _._-., ,__'-._ .". '_. -68- (Elgin County Council Proceedings, 1861-1867) SECOND SESSION 1862 Fourth Day 6th June, 1862. Friday the sixth day of June. The Council met at ten o'clock forenoon. The Warden in the Chair. Members present: Messrs. McKillop Luton Gow Gilbert Galbreath Maginnis Kerr Nairn Smith Glover Glunas Eakins The proceedings of the previous day were read and signed. Mr. Maginnis the Chairman of the Equalization Committee submitted report. Moved by Mr. Gilbert seconded by Mr. Kerr that the report of the Committee on Equalization of the Assessment Rolls be received and read. The Clerk read the report on Equalization. Moved by Mr. Glover seconded by Mr. Eakins that the report of the Committee appointed to examine and report on the Equalization of the Assessment Rolls be adopted . Yeas Galbreath, Kerr, Gow, Clunas, Smith, Maginnis, Glover, Eakins and 1, uton - 10. Nays McKillop, - 1 carried. (cont'd) -69- (Elgin County Council Proceedings, 1861-1867) 6th June, 1862. Moved by Mr. Glover seconded by Mr. Maginnis that Mr. Paul now report to this Council the result of his interview with Mr. Willson in reference to the Gravel Road. carried. Mr. Paul made statement to the Council in reference to the Gravel Road and Mr. Hepburns Lease, and also sub- mitted statement from Mr, Wilson in reference thereto which was read. The Lease to Mr. Hepburn was also read. Mr. Hepburn being present also addressed the Council in reference to the Gravel Road after which it was moved by Mr. Eakins seconded by Mr. Smith that this council authorize .the County Engineer to make an ___ immediate exam- ination of the London and Port Stanley Gravel Road within this County and report to this Council the condition of said road and the safety of the Bridge and embarkments connected therewith. not carried. In amendments moved by Mr. McKillop seconded by Mr. Gow that the. County Engineer only examine that part of the Gravel Road that lies within the Town of st. Thomas and vicinity and report to this Council forthwith. Amendment carried and main motion not put. Moved by Mr. Luton seconded by Mr. Eakins that this Council authorize the Clerk to procure from the Clerk of the Peace in Middlesex copies of the reports of all roads within this County which were established by the Quarter Session. carried. Moved by Mr. GJlbert seconded by Mr. McKillop that the Warden be authorised to sign a petition on behalf of this Council to both branches- of the Legislature praying them to amend the Assessment Laws of Up~er Canada so that every person assessed at not more than $200. be liable to two days Statute Labour and for every additional $200, one days labour. And that persons be assessed in the nett amount of the personal property which they possess- without (cont'd) -70- (Elgin County Council Proceedings, 1861-1867) 6th June, 1862. taking any seale after deducting for debts due by them. not carried. In amendment moved by Mr. Glover seconded by Mr. Nairn that the resolution just read be laid over till the next sitting of this Council. Yeas Luton, Eakins, Nairn, Glover, Magginnis, Smith, Clunas:::i.?, Nays McKillop, Gow, Kerr, Gilbert. and Galbreath - 5 Amendment carried by majority of 2. Mr. Nairn the Chairman of the Finance Committee sub- mitted report. Moved by Mr. Gilbert seconded by Mr. Kerr that the report of the Finance Committee be received and read carried. The Clerk read the report and statements connected therewith. Moved by Mr. Glover seconded by Mr. Maginnis that the report of the Finance Committee be adopted. carried. Mr. Kerr submitted Bylaw No. 102. entitled a Bylaw to confirm Bylaw No. 91 of the Township of Southwold conveying a certain road allowance to Niel Graham and Donald Crawford. Moved by Mr. Kerr seconded by Mr. Galbraith that Bylaw No. 102 to confirm Bylaw No. 91 of Southwold be received and read a first time. (cont'd) -71- (Elgin County Council Proceedings, 1861-1867) 6th June, 1862. Moved by Mr. Kerr seconded by Mr. Gilbert that Bylaw No. 102 be read a second time. Moved by Mr. Nairn seconded by Mr. Eakins that Bylaw No. 102 be read a third time and iinally passed. Moved by Mr. Gilbert seconded by Mr. Galbreath that the Warden be authorised to sign drafts for the accounts embraced in the report of the Finance Committee. The Clerk submitted Bylaw No. 103 to appropriate an additional sum of two Hundred and fifty Dollars to repair the Mackintosh Bridge across the River Thames. Moved by Mr. McKillop seconded by Mr. Kerr that By- law number 103, appropriating $250.00 to the Mackintosh Bridge be received and read a first time. carried. Moved by Mr. Kerr seconded by Mr. Galbreath that By- law number 103 be read a second time and finally passed carried. Moved by Mr. Galbreath seconded by Mr. Kerr that Bylaw number 103 be read a third time and finally passed. carried. Mr. Nairn submitted Bylaw number 104 to raise the sum of three Thousand four hundred dollars towards the payment of the salaries of legal qualified Teachers of Common Schools in the County equivalent to the Legislative Grant. Moved by Mr. Nairn seconded by Mr. Eakins that Bylaw number 104 be read a first time. carried. Moved by Mr. Galbreath seconded by Mr. Gilbert that Bylaw number 104 be read second time. Moved by Mr. Clunas seconded by Mr. McKillOp that Bylaw number 104 be read a third time and finally passed. The Clerk submitted Bylaw number 105 to raise the sum of Twenty-nine Thousand One Hundred and Fifty Dollars for County purposes. (cont'd) -72- (Elgin County Council Proceedings, 1861-1867) 6th June, 1862. Moved by ~rr. Nairn seconded by Mr. Maginnis that By- law number 105 be read a first time. Moved by Mr. Glover seconded by Mr. Maginnis that By- law number 105 be read a second time. Moved by Mr. Nairn seconded by Mr. Eakins that Bylaw No. 105 be read a third time and finally passed. Moved by Mr. Luton seconded by Mr. Gilbert that the Clerk be instructed to notify the Municipalities that are in arrears for County rates to forward the several amounts at the earlist convenience~. carried. Moved by Mr. Gilbert seconded by Mr. Eakins that this Council adjourn till,twQ o'clock. The Council resumed. Moved by Mr. Eakins seconded by Mr. Glover that whereas the Municipality of Vienna is about to erect a substantial and commodious brick school house designed to accommodate both the Grammar and Common Schools of that Municipality at a cost of $2600.00 and whereas the Board of School Trustees of the said Municipality have passed a resolution which is recorded in the register of said Board that the Grammar School of said Municipality shall be free to the whole County and whereas since the said resolution was passed fifteen pupils from the adjourning Townships have attended the said School free from any charges, in consideration therefore of the said School being open to pupils residing out of said Municipality this Council do aid the said Muni- cipality by granting the sum of four hundred Dollars towards the erection of a board School House. motion lost Mr. Dobbie County Engineer submitted report on the state of the Gravel Road and Bridges within the Town of st. Thomas, which was read after which it was, Moved by Mr. Nairn seconded by Mr. Eakins that the Clerk be instructed to forward to Messrs Hepburn and Johnson (cont'd) L.,. -73- (Elgin County Council Proceedings, 1861-1867) 6th June, 1862. the lessees of that portion of the London and Port stanley Gravel Road lying within this County a copy of the report of the County Engineer just read to this Council relative to the insufficient state of the Bridges on said road and call upon these Gentlemen to have the necessary repairs made in accordance with the provisions of their Lease. carried Moved by Mr. Glover seconded by Mr. Eakins that Mr. Paul be paid five dollars for disbursements in consul- ting Mr. Wilson as ordered by this Council. The Clerk read communication from the Municipal Clerk of Aldborough relative to an error in the copy of the Assessment and R9l1 of that Township. Moved by Mr. Glover seconded by Mr. Luton that this Council do need adjourn to meet again on the second Tues- day of November next and that the Warden be authorised to sign draft for members wages. William McKay Clerk. J. H. Jones Warden. -74- (Elgin County Council Proceedings, 1861-1867) THIRD SESSION 1862 12th August, 1862. Special Session 12th August, 1862. The Council met according to notice given by order of the Warden for a special meeting to take into consideration a communication received from the Inspectors of Prisons relating to the alterations required to be made in the Gaol premises of this County. The Warden in the chair. Members present: Messrs. Smith Gow Clunas Gal brai,th Glover Kerr Gilbert Maginnis Luton Nairn McKillop The proceedings of the previous day were read and authorised to be signed. The Warden addressed the Council. The Clerk then read a communication from the Inspectors of Prisons. Moved by Mr. Nairn seconded by Mr. Luton that the report of the Committee on Gaol improvement submitted to the Council last session be now read. carried The Clerk read the report. ~.'Ioved by llir. Nairn seconded by Mr. Luton that it is expedient to alter the existing system of re~ating Statute Labor on Township lines and that in future said Town lines (cont'd) -75- (Elgin County Council Proceedings, 1861-1867) 12th August, 1862. be under the control of the County Council and that a By- law: be prepared for regulating Statute Labor and appointing Path masters on said Town lines. Motion lost. Mr. Nairn submitted petition of James E. Stevens and two others in reference to Grand Bid on part of Township line between the Townships of Yarmouth and Malahide. Which was read by the Clerk. It was then moved by Mr. Gilbert seconded by Mr. Gow that the Council adjourn to meet again tomorrow morning at nine o'clock. carried. William McKay Clerk. J. H. Jones Warden. -76- (Elgin County Council Proceedings, 1861-1867) SPECIAL SESSION 1862 Second Day 13th August, 1862. Wednesday the 13th day of August. The Council met at nine o'clock forenoon. The Warden in the chair. Members present: Messrs. Nairn Luton Maginnis Glunas Galbreath Kerr Gilbert Smith McKillop Gow The proceeding of previous day were read and autho- rised to be signed. The Warden stated to the Council that tenders for repair of the Mackintosh Bridge had been received and opened. A memorandum of which was' read-by:the Clerk as follows. James Egaie :1; 795 $14 per 100 fee~ for extras Richard Ellison 1166 W. E. McDonald 960 James Hargreaoes 900 John Tytter 795 $10 per 100 feet for extras J. W. Owen 875 Moved by Mr. Nairn seconded by Mr. Gow that in view of the limited number of prisoners usually confined in the County Gaol and the large amount of indebtedness now standing against the County a petition to the Executive Government (cont'd) -77- (Elgin County Council Proceedings, 1861-1867) 13th August, 1862. should be prepared'and presented relative to the order made by the Board of Prison Inspectors for altering the internal construction of the Gaol and erecting a stove wall arouna the Gaol Yard soliciting the Government to rescind said order or at least allow it to remain in ab~ce until the financial affairs of the County are in a better condition for proceeding with the contemplated work. carried. Moved by Mr. Gilbert seconded by Mr. Luton that this Council considers Mr. McIntyres Estate holding for the judgement obtained in favour of this County against the Estate of the late Alexander Love and Archibald McIntyre, and requires our solicitor Mr. Abbot to claim our share of the proceeds of the late sale. carried. Moved by Mr. Gaol Committee be the Gaol and also office. Luton seconded by Mr. Clunas that the ordered to procure a pump for the use a door for the vault in Mr. Warreus carried. of Moved by Mr. McKillop seconded by Mr. Gilbert that the County Engineer be instructed to examine that part of the Gravel Road between London and Port stanley which lies withlin the Corporation of St. Thomas and vicinity and report to this Council forthwith whether the Lessee's have repaired said road. carried. The Warden laid before the Council a communication from the secretary of the Western Circuit of Board of Public Instruction with copy of resolution passed by the board in reference to Separate Schools. Moved by Mr. Nairn seconded by Mr. Glover that this Council adjourn till two o'clock. The Council resumed. Moved by Mr. Nairn seconded by Mr. Glover that this Council views with alarm and regret the steps being taken (cont'd) -78- (Elgin County Council Proceedings, 1861-1867) 13th August, 1862. under the auspices of the Chief Superintendent of Edu- cation for the extension of the separate school system by framing a bill by way of amendment to the Common School Act granting to such Religious Denominations as may see fit to establish sectarian schools in cities and towns a portion. of the public monies voted annually for education- al purposes add believing that our present National Edu- cational system should be preserved intact and be kept entirely free from sectarian bias or denominational Control hereby expresses its disapprobation of the proposed measure and directs that petitions against the passage of the afore~ said bill should be presented to Parliament or any other bill of a similar nature and forwarded en behalf of this Council to both branches of the Legislature. carried. Moved by Mr. Luton seconded by Nairn that this Council instruct the Clerk to draft a Bylaw for the protection of Timber Earth stove and gravel on all the Township lines within this County to be submitted at the next meeting of this Council. carried. Mr Dobbie County Engineer submitted report on the state of the Port Stanley gravel road which was read by the Clerk. Moved by Mr. Luton seconded by Mr. Nairn that the report of J. W. Dobbie Esqr. County Engineer on the state of the London and Port Stanley graven road be accepted. carried Moved by Mr. Nairn seconded by Mr. Maginnis that in the event of the Government refering to accede to the prayer of the petition with reference to the Goal improvements, and insisting that the works be forthwith proceeded with the Gaol Committee are requested to prepare and publish. a Bylaw for raising $6000, or one half of the amount necessary for completing said work said Bylaw to be passed at the meeting of the Council in January next and to provide for issuing of debentures after a period of Ten years. Carried. (cont'd) -79- (Elgin County Council Proceedings, l86L-1867) 13th August, 1862. Moved by Mr. McKillop seconded by Mr. Nairn that a copy of the report of the County Engineer on the state of the London and Port Stanley Gravel Road in this County just read to the Council be forwarded to the Lessees Mr. Hepburn with an intimation that unless the necessary repairs are made before the next meeting of this Council the provisions of the lease will be enforced. carried. Moved by Mr. Glover seconded by Mr. Clunas that this Council adjourning to meet again on the second TueSday of November next and that the Warden sign, draft for members wages. William McKay Clerk. J. H. Jones Warden. _,,,_'u>,"_~""_" __A.,._--,>_' ;'~' ~_~'_~_"_"_'_'-',_'_' ,__,,,.,,,'_"'" ." -80- (Elgin County Council Proceedings, 186l-l867) FOURTH SESSION 1862 11th November, 1862. Tuesday the Eleventh Day of November 1862. The Council met according to adjournment. The Warden in the Chair. Members present: Messrs. Smith Nairn Eakins GOw Galbraith Smith Luton Kerr McGinnis McKillop Glover Gilbert Clunas The proceedings of the last day of the previous ses- sion were read. The Warden addressed the Council. The Clerk read communication from R. Hepburn in re- ference to that part of the Gravel Road within the Town of St. Thomas. The Clerk also read a communication from the Rrovincial ~ecretary relating to the petition of this Council-submitted to the Governor and Council in reference to alterations re- quired in the Gaol premises. After which it was Moved by Mr. A. Glover seconded by Mr. H. Eakins that the Warden Clerk of this Council and Mr. Nairn be appointed a Committee to prepare an address to be presented to his Royal Highness the Prince of Wales on the event of his arriving at his Majority. carried. On motion of Mr. Gilbert seconded by Mr. Gow the Council adjourned till ten o'clock tomorrow morning. William McKay Clerk. J. H. Jones Warden. -81- (Elgin County Council Proceedings, l86t-1867) FOURTH SESSION 1862 Second Day 12th November, 1862. Wednesday the tv.elfth day of November. The Council met at ten o'clock fornoon. The Warden in the Chair. Members present: Messrs. Maginnis Clunas McKillop Kerr Smith Nairn Gow Gilbert Galbreath Eakins Glover Luton l< The previous days proceedings were read and signed after which, the Clerk submitted communication received from Hepburn and Johnson relating to the lease of the Gravel Road to Robert Hepburn. Moved by Mr. Luton seconded by Mr. Maginnis that the communication from Messrs Hepburn and Johnson be received and read. The Clerk read communication. The Warden submitted communication from W. C. Vanbus- Kirk which was read after which it was moved by Mr. Glover seconded by Mr. Eakins that Dr. W. Hanvey be appointed assistant Gaol Surgeon to Dr. VanbuSkirk, in accordance with his request during his absence wi:thout. .caaditional remuneration. carried.' Moved by Mr. Nairn seconded by Mr. McKillop that the Clerk be instructed to furnish to Robert Hepburn a copy of the opinion obtained by this Council on the fifth day of June last from Mr. John Wilson of London with reference to the London and Port Stanley Gravel Road and intimate that (cont'd) -82- Elgin County Council Proceedings, 1861-1867) 12th November, 1862 the Council consider that the lease now existing between the County and Mr. Hepburn is in no way affected or his rights altered by the l~te act of se~aration of the Town of st. Thomas from the County of Elg~n. carried. His Honor Judge Hughis and Mr. Young Husband the Head Master of the St. Thomas County Grammar School appeared before the Council and made statement in reference to the state of the st. Thomas Grammar School. Moved by Mr. Gilbert seconded by Mr. Smith that the Council adjourn till two o'clock to enable the Committee on education to visit the Grammar School in order to acertain what accomodation said School House has for its pupils. carried. The Council resumed. In accordance with resolution of the previous session the Clerk submitted draft of Bylaw No. 106 for the preser- vation of timber and Gravel on Township lines. Moved by Mr. McKillop seconded by Mr. Clunas that Bylaw No. 100 be laid over till next meeting of Council. carried. ,( Mr. James McQueen submitted petition on behalf of the trustees of School Section No. 13 in SouthwoId which was read after which it was moved by Mr. Nairn seconded by Mr. Maginnis that the petition of James McQueen on behalf of the Trustees of School Section number thirteen of Southwold be received. The Yeas and Nays being called for were taken down as follows. , , Yeas Gow, Smith, Clunas, Nairn, Maginnis, Luton, Glover and Eakin - 8 Nays McKillop, Galbreath, Gilbert and Kerr - 4 -83- (Elgin County Council Proceedings, 1861-1867) 12th November, 1862. Motion carried by majority of - 4 Moved by ~~. Nairn seconded by Mr. Maginnis that a copy of certain petition presented by Mr. James McQueen on behalf of Trustees of School Section No, 13 Township of Southwold be forwarded to Mr. J. S. McCQll Local Superin- tendent of Schools for the west riding of Elgin, by the Clerk and that Mr. McCPlls attendance be requested at the next meeting of this Council to give explanation ~elative so said petition. carried Moved by Mr. Nairn seconded by Mr. Glover that the system at present pursued throughout the County of as- sessing real property at a reduced or fictitious value. instead of at its actual value as provided by Law is productive of many evil results and ought to be abandoned,. that with a view of remedying the evil and procuring an equitable and uniform system this Council will insist on the assessments in future being made strictly in accordance with the provisions of the assessment Law and direct that a copy of these resolutions be forwarded to each Municipal Council in the County requiring their attention there to. carried. Moved by Mr. Glover seconded by Mr. Eakins that this Council grant t~e sum of fifteen dollars in aid of re- pairing the County line between this County and the County of Oxford a much larger sum having been granted by the County of Oxford for that purpose. motion lost. ( Moved by Mr. Eakins seconded by Mr. Glover that this Council adjourn till ten o'clock tomorrow morning.. William McKay Clerk J. H. Jones Warden ( .,._.,-'.._>;,,,_,,,,.__,~~,T'-'_ ... '""__~__..~___ _".,..,. -/.-'..'_ -84- (Elgin County Council Proceedings, 1861-1867) FOURTH SESSION 1862 Third Day 13th November, 1862. Thursday the Thirteenth day of November. The Council met at ten o'clock forenoon. The Warden in the Chair. Members present: Messrs. Galbreath Gilbert Gow Smith Clunas Maginnis Luton Nairn -, Kerr McKillop Glover Eakins The proceedings of the previous day were read and signed after which the Warden addressed the Council. The following communications were read by the Clerk. From J. P. McDonald Trustee of the Vienna County Grammar SchOQ1. From the Clerk of the Middlesex County Council in reference to erection of a break water at the Wardsville Bridge. From the County Engineer in reference to the Bridges across the River Thames viz. the Wardsville and Mackintosh Bridges. After which it was moved by Mr. Glover seconded by Mr. Luton that Mr. H. Eakins be appointed Trustee of the Vienna Grammar School in place of Mr. McDonald resigned. (cont'd) -85- (Elgin County Council Proceedings, 1861-1867) 13th November, 1862. In amendment. Moved qy Mr. Eakins seconded by Mr. Nairn that the name of Mr. Francis Jew~ll be substituted in place of that of Mr. H. Eakins as proposed by resolution now proposed by Mr. Glover. Amendment lost and the original motion carried. Moved by Mr. Nairn seconded by Mr. Luton that the Communications from the County Council of Middlesex to- gether with the Report of Mr. Dobbie the County Engineer on the Wardsville Bridges be referred to the Committee on Public Improvement~. carried. The Chairman of Board of Trustees of the St. Thomas County Grammar School presented a Communication which was read after which it was moved by Mr. Glover seconded by Mr. Eakins that the report of Board of Grammar School Trustees in St. Thomas be referred to the Committee on Education. carried. Moved by Mr. Clunas seconded by Mr. McKillop that J. S. McCall Local Superintendent of Common Schools for the West riding of Elgin be heard before this Council. carried. Mr. McColl being present made statement to the Council in reference to Mr. McQueen's petition. Moved by w~. Nairn seconded by Mr. Smith that the Board of Public Instruction for the Eastern Division of the County be abolished and that hence forth only one Board of Public Instruction exist said Board to hold its meetings at St. Thomas. In amendment. Moved by Mr. McKillop seconded by Mr. Clunas that the resolution to do away with the Vienna Board ofpublfe In- struction be laid over for further consideration till next meeting of Council. The Yeas and Nays being called for on the foregoing amendment were taken down as follows. -86- (Elgin County Council Proceedings, 1861-1867) 13th November, 1862. Yeas Gilbert, Clunas, McKillop, Maginnis, Luton, Glover and Eakins. Nays Nairn, Smith, Gow, Kerr and Galbreath. Amendment carried and main motion not put. Mr. M. p. Moore appeared before the Council and made statement relating to Land in Aldborough advertised to be sold for Taxes. Moved by Mr. McKillop seconded by Mr. Clunas that the application of Mr. Moore on behalf of Mr. Grares relative to taxes paid by him on London in Aldborough returned in arrear to the County Treasurer be referred to the Council of Aldborough. carried. Moved by Mr. Eakins seconded by Mr. Luton that this Council adjourn till three o'clock afternoon. The Council met at three o'clock P.M. when it was moved by Mr. McKillop seconded by Mr. Clunas ~hat-this Council adjourn to meet precisely at the hour of nine o'clock tomorrow morning. carried. William McKay Clerk J. H. Jones Warden. ";'_~>.,;"'~:,__:~:".~-.or~'__"-~_..,,,,~...-___ . -87- (Elgin County Council Proceedings, 1861-1867) FOURTH SESSION 1862 14th November, 1862. Friday the fourteenth day of November. The Council met at nine o'clock forenoon. The Warden in the Chair. Members present: Messrs. Glover Gow Clunas Gal breath McKillop Gilbert _Maginnis Nairn < Luton Smith Kerr Eakins The proceedings of the previous day were read and authorised to be signed. When it was moved by Mr. Luton secondedby Mr. Glover that this Council pass a Bylaw to extend the time for the return of the Collectors Rolls and the levying and collecting County Rates in the several Municipalitites till the first day of January next. motion lost. Mr. Nairn Chairman of Finance Committee presented re- port after which it was moved by Mr. Luton seconded by Mr. Maginnis that this Council receive the Finance Report and that it be read. carried. Finance R?port Read. Moved by Mr. Glover seconded by Mr. Eakins that the report of the Finance Committee be adopted and that the Warden sign drafts for payment of the account mentioned therein. In amendment it was. Moved by Mr. Gilbert seconded by Mr. Gow that the Council now go into Committee of the whole on the report of Finance (cont'd) . .....<--~-".-"_-.<-__..~..,,_.._-_._...,_.._.- _. -88- (Elgin County Council Proceedings, 1861-1867) 14th November, 1862. Committee, amendment carried. Main motion lost. The Council went ..into Committee of the whole Mr. Galbreath in,the_Chair. The Council resumed. The Chairman reported the adoption of the report of Finance Committee by the Committee of the whole without amendment after which it was, moved by Mr. Glover seconded by Mr. Luton that the report of the Finance Committee as passed in Committee of the whole be adopted and that the Warden sign drafts for payment of the account mentioned therein. carried. Moved by Mr. Giibert seconded by Mr. Clunas that in consequence of the indebtedness of the County the Town- ship Municipalities feel themselves very heavily burdened with County Rates therefore this Council. deems it prudent to take no further steps towards th~ contemplatedaltera- tions in the Gaol and the erection of walls around the prison yards at present and that the Clerk and Warden Messrs Nairn, McKillop and Mr. C1unas be a Committee to petition the Governor and Council praying them to allow' contemplated works to be postponed to some future time and that the petition be prepared by said Committee and sub- mitted to this Council for approval before the adjournment. In amendment, Moved by Mr. Nairn seconded by Mr. Luton that the re- solution of Mr. Gilbert, in reference to the repairs in the Gaol be laid over until the report of the Gaol Com- mittee be presented. The Yeas and Nays being called for on the amendment were taken down as follows. Yeas Eakins, Glover, Luton, Maginnis, Nairn, Smith, and McKillop - 7 -89- (Elgin County Council Proceedings, 1861-1867) 14th November, 1862. Nays Galbreath, Gow, Gilbert, Kerr and Clunas 5 Amendment carried main motion not put. The Warden submitted report of Education Committee which was read. Moved by Mr. Luton seconded by Mr. Glover that the report of Education Committee be received. carried. Moved by Mr. Gilbert seconded by Mr. Galbreath that the report of the Committee on Education be laid over for further consideration till the next meeting of this Council in January next. In amendment it was, Moved by Mr. Eakins seconded by Mr. Glover that this Council go into Committee of the whole on the report of Committee on Education. lost. Amendment lost main motion carried. The Chairman of Gaol Committee presented report when it was moved by Mr. Luton seconded by Mr. Nairn that the report of Gaol Committee be received and read. carried. The Clerk read the report after which it was moved by Mr. Nairn seconded by Mr. Luton that the report of Gaol Committee be adopted. carried. .After which it was moved by Mr. Gilbert seconded by Mr. Clunas that the consequence of the indebtedness of the County the Township Municipalities are heavily burdened with County rates therefore this Council deems it prudent to take no further steps towards the contemplated alterations in the Gaol and the erection of walls around the present yards at present. carried. (cont'd) -90- (Elgin County Council Proceedings, 1861-1867) 14th November, 1862. Moved by Mr. Eakins seconded by Mr. Glover that the Clerk be authorised to make application for the books for- merly belonging to.the late Teachers Institute that they may be handed' over to this Council that the Committee on Education divide them between the Grammar School of the County. carried. Moved by Mr. Gilbert seconded by Mr. McKillop that the Warden be authorised to sign a petition on behalf of this Council to both branches of the Legislature praying them to amend the assessment laws of Upper Canada in the following manner. First that every person assessed for personal pro- perty may be assessed in the nett amount which they posses without regard to any scale as now provided by the asses- sment laws. Second that the re~l and personal property in Towns and Villages where the Town or Village forms part of a County be assessed at the full value of the same as in Townships and also to alter the scale regulating statute labor so that every person assessed upon the Assessment Roll of a Township if his property is assessed at not more than $200 be liable to two days statute labor and if is assessed at $400 three days statute labour and and for every $300 above that sum one day. carried. The Chairman of the Committee on Public Improvements presented report. Moved by Mr. Kerr report of Committee on read. seconded by Mr. Gilbert that the Public Improvements be received and carried. The Clerk read report, after which it was, moved by Mr. Gilbert seconded by Mr. Kerr that the Report of the Committee on public improvements be adopted. carried. Moved by Mr. Eakins seconded by Mr. Glover that in view of the great distitution and distress of large class of operatives in the manufacturing districts of England. (cont'd) -91- (Elgin County Council Proceedings, 1861-1867) 14th November, 1862. this Council deeply sympathise with the suffering thou- sands who are now gn account of circumstances over which they have no control unable to obtain food sufficient to prevent the starvation of themselves and families in view therefore of this distress and the efforts generally put forth throughout Canada for the relief of these unfortunate people this Council do grant for this object the sum of four hundred dollars. motion lost. On motion of Mr. Glover seconded by Mr. Eakins the Council adjourned till tWQ o'clock. The Council resumed. The Clerk read draft of an address to be forwarded for presentation to His Royal Highness the Prince of Wales. Moved by Mr. Nairn seconded by Mr. Luton that the address to the Prince of Wales just read by the Clerk be adopted and signed by the Warden on behalf of this Council. carried. Moved by Mr. Nairn seconded by Mr. Luton that a petition from this Council be presented to both branches of the Legislature praying for an amendment to the Upper Canada Jury Laws so far as relates to the selection of Jurors the present system being cumbrous and unnecessarily expensive and that in place of two selectiOns only one t~e place and that,the Mayor or Reeve the City, Town and Town- ship Clerks and the assessors of the several municipalities be the selectors the petition for the Legislation Assembly be entrusted for presentation to Mr. Burwell M. P. P. and that for the Legislative Council to Mr. Leonard M. L. C. carried. The Chairman of the Board of Grammar School Trustees submitted a Communication which was read after which it was moved by Mr. GlOver seconded by Mr. Smith that the petition of the Grammar School board now presented to this Council be received and that the prayer of the petition, asking for means to pay the indebtedness of the Board for (cont'd) -92- (Elgin County Council Proceedings, 1861-l86Z) 14th November, l862. Desks and Seats and improvements in the School Yard be granted also that the Board be Authorised to negociate for the sale of the present School Site and that the Warden be authorised to execute any transfer of the same that may be made by the Board. carried. Moved by ~~. W. A. Glover seconded by Mr. Galbreath that a vote of thanks be given to J. H. Jones Esqr. for the satisfactory manner he has presided over this Council and for the efficient manner he has discharged the duties of Warden of the County and that the sum of sixty dollars be allowed him to assist in paying the expenses consequent to discharging the duties of his office during the recesses of the Meetings of Council. carried. Moved by Mr. Clunas seconded by Mr. Kerr that a vote of thanks be tendered to the Clerk and Treasurers of this County for the able and effecient manner they have performed the duties of the office for the present year. carried. Moved by Mr. Gilbert seconded by Mr. Smith that the Warden be authorised to sign drafts for members wages and that the Council adjourn sine die. William McKay County Clerk Daniel Luton Warden of the County of Elgin.