Loading...
1864 Minutes -128- (Elgin County Council Proceedings, 1861-1867) FIRST SESSION 1864 26th January, 1864. Tuesday the 26th day of January. The Reeves and Deputy Reeves of the several Munici- palities in the County met this day in accordanc~ with the provisions of the Municipal Institutions Act at twelve o'clock noon and having filed certificates of qualification with the Clerk took their seats at the Council Board as follows. namely. John McKillop Reeve Aldborough Archibald Thomson Deputy Reeve .. John Galbraith Reeve Dunwich Daniel Decow Deputy " .. Amos Barns Reeve Southwold Archi bald Kerr Deputy " " Daniel Luton Reeve Yarmouth Howard Welding Deputy " " T. M. Nairn Reeve Malahide William Harvey Deputy .. " T. W. Dobbie Reeve Bayham -- Henry Stratton Deputy " " John Clunas Reeve Dorchester George Suffel " Vienna The members present were called to order. The Clerk in the chair after which it was moved by Mr. Thompson seconded by Mr. Kerr that Daniel Decow Esqr. be appointed Warden of this County for the current year. Motion lost by casting vote of Mr. Luton the Reeve of Yarmouth it being the Municipality having the largest number of names on the Assessment Roll. (cont'd) -129- (Elgin County Council Proceedings, 1861-1867) 26th January, 1864 Moved by Mr. Dobbie seconded by Mr. Clunas that this Council appoint Daniel Luton Warden of the County for the present year. lost Moved by Mr. Harvey seconded by Mr. Suffel that Thomas M. Nairn be appointed Warden of the County for the current year. lost. Moved by Mr. Thomson seconded by Mr. Galbreath that Daniel Decow Esqr. be appointed Warden of the County of Blgin for the current year. Motion lost by the casting votes of the Reeves of Yarmouth. Moved by Mr. McKillop seconded by Mr. Clunas that this Council do now adjourn for an hour. The Council resumed after which it was moved by Mr. Clunas ~econded by Mr. Dobbie that Daniel Luton be Warden of the county for the current year. motion lost. Moved by Mr. Stratton seconded by Mr. Nairn that George Suffel be Warden of the County for the current year. carried. The Clerk declared Mr. Suffel duly appointed Warden of the County of Elgin. The Warden elect having made and subscribed the dec- laration of office before His Honor Judge Hughes he then took the chair and addressed the Council. The Clerk read the proceedings of the last day of the previous session which were authorised to be signed. The following communications were then read. From the Provincial Secretary relating to the Statutes of last session transmitted for the Reeves and Municip~- lities of the county. (cont'd) -lJO- (Elgin County Council Proceedings, 1861-1867) 26th January, 1864. From the Clerk of the Peace with copies presentments of the Grand Jury December Sessions l86J relating to the state of the Gaol and the support of indigent lunatices. From Sheriff Munro reference to suit of the County versus McIntyre and others. From the Board of Trustees St. ~nomas Senior County Grammar School. From the Board of Trustees Vienna County Grammar School. From the County Treasurer with statement of arrears of County rate. From Leonard Luton Local Superintendent of the East Riding of Elgin. Mr. Leonard Luton Local Superintendent being present addressed the Council in reference the office of Local Superintendent. Mr. John 's. McColl being also present made statement to the Council, when it was moved by Mr. Nairn seconded by Mr. Harvey that the communications read by the Clerk be laid over for future consideration. Moved by Mr. Luton seconded by Mr. Welding that J. P. Martyn be appointed County Auditor for the present year. In amendment it was, Moved by Mr. Nairn seconded by Mr. Clunas that William J. White be appointed one of the Auditors for the current year. Amendment carried main motion not put. The Warden no- minated Mr. Colin McDougall to be a County Auditor. Moved by Mr. Thompson seconded by Mr. Kerr that John S. McColl be appointed Local Superintendent of School in the West Riding of Elgin for the current year with s~e salary as previous year. carried. (cont'd) -131- (Elgin County Council Proceedings, 1861-1867) 26th January, 1864. Moved by Mr. Dobbie seconded by Mr., Stratton that Mr. D. Luton be appointed Local Superintendent of Schools in the East Riding of Elgin for the present year with same salary as previous year. carried. Moved by Mr. Nairn seconded by Mr. Clunas that the Council now proceed to elect Standing Committees on Finance Education and Public Improvements in the usual manner. The following Committees. were v6ted,name~y. FINANCE Nairn, Galbreath, Harvey, Decow and Dobbie. . EDUCATION Thompson, Barns, Nairn, Harvey and Dobbie. PUBLIC IMPROVEMENTS Kerr, McKillop, Dobbie, Luton and Decow. Moved by Mr. McKillop seconded by Mr. Thompson that the following members be appointed Gaol Committee namely Messrs Clunas, Nairn and Kerr. carried. Messrs Luton and McColl Local Superintendents sub- mitted accounts for postages etc. when it was moved by Mr. Harvey seconded by Mr. Clunas that the accounts of Messrs Luton and McColl Local Superintendents be referred to Finance Committee. carried.. Moved by Mr. Nairn seconded by Mr. Suffel Esqr. Vienna and the Revd. James Trustees of the Vienna Grammar School. Harvey that George Cooper be appointed carried. Mov.ed by Mr. McKillop seconded by Mr. Clunas that His Honor Judge Hughes and John McKay be reappointed Trustees of the St. Thomas County Grammar School with term of office four years. carried. (cont'd) -lJ2- (Elgin County Council Proceedings, i861-1867) 26th January, 1864. Moved by this Council morning. Mr. Nairn seconded by Mr. McKillop that do now adjourn till nine o'clock tomorrow lost. Moved by Mr. Luton seconded by Mr. Welding that the Council adjourn till ten o'clock tomorrow morning. carried. William McKay County Clerk George Suffel Warden -lJJ- (Elgin County Council Proceedings, 1861-1867) FIRST SESSION 1864 27th January, 1864. Wednesday 27th January. The Council met at ten o'clock forenoon. The Warden in the Chair. Members present: Messrs. McKillop Kerr Thompson Luton Galbraith Welding Decow Nairn Barns Harvey Dobbie Stratton Clunas The proceedings of the previous day were read and authorised to be signed after which it was moved by Mr. Clunas seconded by Mr. McKillop that the Clerk be requested to furnish and forward to the several Municipalities AS- sessment~'olls and Slips at the earliest convenience. carried. Moved by Mr. McKillop seconded by.Mr. Kerr that C. D. Paul be reappointed Solicitor for the County during the current year. carried. Moved by Mr. Dobbie seconded by Mr. Stratton that Robert McCally and Charles Draeske be appointed Trustees of the Vienna Grammar School in the place of W. H. Eakins and Robert Nicholl who have removed from the County. carried MovedbyMr. Nairn seconded by Mr Harvey that this Council do adjourn for an hour to allow the Finance Com- mittee and also the Education Committee to meet. carried. (cont'd) -lJ4- (Elgin County Council Proceedings, 1861-1867) 27th January, 1864. The Council resumed. Mr. Paul the County Solicitor appeared before the Council and made statement in reference to the suit the Bank of Montreal versus Sheriff Munro. Moved by Mr. Luton seconded by Mr. Welding that Mr. Paul the County Solicitor be instructed to defend the suit brought against the Sheriff by the Bank of Montreal as it regards the money paid over to the County by him from the McIntyre Estate. carried. Moved by Mr. Decow seconded by Mr. Galbraith that this Council adjourn for an hour for dinner. carried The Council resumed. After which it was moved by Mr. McKillop seconded by Mr. Kerr that the report of the Finance Committee be re- ceived and read. carried. The Clerk read the report. Moved by Mr. Luton seconded by Mr. Welding that the report of the Finance Committee be adopted. carried The Clerk submitted draft of Bylaw No. 114.tQ apPo~nt County Auditors. Moved by Mr. Luton seconded by Mr. Welding that By- law No. 114 be read a first time. carried. Moved by Mr. McKillop seconded by Mr. Harvey that Bylaw number 114 be read a second time.,' carried Moved by Mr. Dobbie seconded by Mr. Clunas that Bylaw No. 114 be read a third time and finally passed. carried The Clerk submitted draft of Bylaw number 115 to appoint Local Superintendent of Common Schools. (cont'd) -lJ5- (Elgin County Council Proceedings, 1861-1867) 27th January, 1864. Moved by Mr. Luton seconded by Mr. Welding that By- law number 115 be read a first time. Moved by Mr. Clunas seconded by Mr. Dobbie that By- law number 115 be read a second time. Moved by Mr. Dobbie seconded by Mr. Clunas that By- law number 115 be read a third time and finally passed. Mr. Nairn Chairman of Education Committee submitted report after which it was moved by Mr. McKillop seconded by Mr. Stratton that the report of Education Committee be received and read. The Clerk read the report. Moved by Mr. Clunas seconded by Mr. Stratton that the Council go into Committee of the whole on Education report. The Council went into Committee of the whole Mr. Decow in the Chair. The Council resumed. The Chairman reported the adoption': of the report of the Education Committee by the Committee of the whole without amendment. Moved by Mr. Dobbie seconded by Mr. Clunas that the report of the Committee on Education be adopted. The Yeas and Nays being demanded by Mr. McKillop were taken down as follows. Yeas Luton, Welding, Strattons, Harvey, Kerr, Thompson, Barns, Nairn, Clunas and Dobbie - 10 Nays Galbreath, Decow and McKillop - J (cont'd) ~~ (Elgin County Council Proceedings, 1861-1867) 27th January, 1864. Motion carried by majority of - 7 Moved by Mr. Nairn seconded by Mr. Harvey that this Council hereby authorise the Collectors of Rates in the several Municipalities in the County to continue the levy and collection of the unpaid Taxes imposed for the year 1863 until the first day of March next. Moved by Mr. Dobbie seconded by Mr. Clunas that the Council adjourn till nine o'clock tomorrow morning. William McKay Clerk. George Suffel Warden -lJ7- (Elgin qounty Council Proceedings, 1861-1867) FIRST SESSION 1864 28th January, 1864. Thursday the 28th day of January. The Council met at nine o'clock forenoon. The Warden in the Chair. Members present: Messrs. Thompson Kerr McKillop Clunas ., Luton Nairn Barns Galbreath Stratton Welding Decow Dobbie Harvey The proceedings of the pervious day were read and signed after which it was) The Clerk submitted draft of Bylaw No. 116 to appoint Grammar School Trustees and to provide for the support of said Schools. Moved by Mr. McKillop seconded.py Mr. Stratton that Bylaw No. 110L appointing Trustees of Grammar Schools be read a first time. Moved by Mr. Thompson seconded by Mr. Kerr that By- law No. 116 be read a second time. Moved by Mr. Harvey seconded by Mr. Stratton that By- law number 116 to appoint Trustees of the St. Thomas and Vienna Grammar Schools be read a third time and finally passed. (cont'd) -lJ8- (Elgin County Council Proceedings, 1861-1867) 28th January, 1864. The Clerk read a report of the St. Thomas and Aylmer Gravel Road Company. After which it was moved by Mr. Luton seconded by Mr. Decow that the report of the Directors of the St. Thomas and Aylmer Gravel Road Company be received although it does not meet the requirements of the act of Parliament that Governs Companies formed for that purpose. carried. Moved by Mr. Clunas seconded by Mr. Harvey that the Warden be authorised to sign drafts for payment of the accounts embraced in the finance report. carried. Moved by Mr. Stratton seconded by Mr. Dobbie that Messrs Clunas, Nairn and Kerr be a Committee on printing. carried. Moved by Mr. McKillop seconded by Mr. Thompson that the County Treasurer be authorised to issue his warrant to the Sheriff for the sale of all new resident land in the County that are liable to be sold under the late act according to Law as soon as the returns are made by the Clerks of all the Municipalities by the 15th day of MaY 1864 or as soon after as the best can be prepared. carried. Moved by Mr. Daniel Luton seconded by J. Galbraith that By~aw number 107 be laid over until the next meeting of the Council.,.. carried Moved by Mr. Harvey seconded by Mr. McKillop that is the duty of this Council to make some provision for the proper improvement of Township lines the statute' having given County Councils exclusive control of that portion of the highways in the Municipality. carried. Moved by Mr. Harvey seconded by Mr. Nairn that the Reeves of this Council be instructed to notify the as- sessors of the various Municipalities which they represent that they will be required to perform their duties according to the provisions of Chapter 55 Section 28 of the Consoli- dated Statutes for Upper Canada. carried. (cont'd) -139- (Elgin County Council Proceedings, 1861-1867) 28th January, 1864. Moved by Mr. Decow seconded by Mr. Luton that the Council adjourn for one hour. The Council resumed. Mr. Decow submitted memorial to the Honorable John Sanfield McDonald Attorney General in reference to His Honor Judge Hughes. which was read by the Clerk. Moved by Mr. Decow seconded by Mr. Barns that the Memorial to the Honorable John S. McDonald Attorney General West and f~ read be adopted. carried. Moved by Mr.. Decow secgnded by Mr. Nairn that the Clerk be instructed to forward the Memorial to the Honor~ able Attorney General West as soon as the Council adjourn and that it be signed by the Warden and the seal of the Corporation attached thereto. carried. Moved by Mr. Nairn seconded by Mr. Clunas that petitions be forwarded'from this Council to both branches of the Legislature praying for an amendment of the Prison Inspectors Act 22nd Victoria Chapter 90 the present re- gulations so far as relates to the Inspector of County Gaols being very expensive to the Province without corres- ponding advantages and that instead of the present system this Council believes that the duties could be as efficiently performed by local Boards consisting of the Magistrates of the several Counties in Quarter Sessions assembled. carried. Moved by Mr. McKillop seconded by Mr. Thomson that a Bylaw be passed appropriating the sum of one thousand dollars for the improvements of County and Township lines said amount to be equally divided on the said lines leading from the Lake to the North West. motion lost. Moved by Mr. McKillop seconded by Mr. Clunas that the Council adjourn till the third Tuesday in June and that the Warden sign drafts for members wages. William McKay County Clerk. George Suffel Warden. -140- (Elgin County Council Proceedings, 1861-1867) SECOND SESSION 1864 21st June, 1864. Tuesday the 21st day of June. The Council met at ten o'clock forenoon according to adjournment. The Warden in the Chair. Members present: Messrs. Clunas Thompson Barnes Nairn .; Stratton Welding Kerr Luton McKillop Harvey Dobbie Galbraith The proceedings of the last day of the previous session were read and signed. The Warden addressed the Council. The following communications were then read. From the Education Office Toronto with statement of the Legislative apportionment of School monies. From Mr. Langton Auditor in reference to Municipal statistics. From the Council of ontario report of survey of Georgian Bay Canal Route to Lake Ontario. From the Clerk of Committee of Legislative Council and Assembly on advancement of Agriculture. From County Auditors of School Accounts and County expenditure. (cont'd) -141- (Elgin County Council Proceedings, 1861-1867) 21st June, 1864. From the Council of York and Peel in reference to Selectors of Jurors. From E. Ryerson in reference to Fingal Grammar School. From the Council of Norfolk with pr~nted copy of Bylaw relative to an appropriation for County line. From County Treasurer in reference to County Finances. From County Treasurer in reference to an increase of salary. From Mr. McGann Superintendent Deaf and Dumb School Toronto. From A. McDonald' relating to the culture of flax with Memorial to the Governor General in reference thereto. From Mr. Grieg relating to proposed publication and Municipal matters. Mr. McKillop Reeve of Aldborough presented petition of and Inhabitants of Aldborough in reference to an appropriation for the improvement of the County line between Elgin and Kent. Moved by Mr. Clunas seconded by Mr. Thompson that the communications now read by the Clerk be laid over till ~o- morrow. carried. Mr. Clunas moved seconded by Mr. McKillop that the Reeves of the several Townships be a Committee to equalize the Assessment Rolls for the current year. carried. . Moved by Mr. Nairn seconded by Mr. Harvey that the reports submitted by the County Auditors on the Treasurers accounts for the Year 1863 be confirmed and finally passed by this Council in terms of the 170th section of the Muni- cipal Acts. carried. (cont'd) -142- (Elgin County Council Proceedings, 1861-1867) 21st June, 1864. Moved by Mr. Nairn seconded by Mr. Harvey that the Council go into Committee of the whole on the questions submitted by the joint Committee of the Legislative Council and Assembly appointed to enquire and report what means can be adopted for the advancement of Agriculture in the Province and prepare appropriate replies to said questions carried. The Council went into Committee of the whole. Mr. Clunas in the Chair. After sometime spent therein the Committee rose. The Council resumed. Moved by Mr. Nairn seconded by Mr. Harvey that the Clerk be instructed to communicate with the Township Clerks who have failed to make the returns to the County Treasurer of occupied Lands on which Taxes are in arrears as required by the 27th Victoria Chapter 19 Section 3rd. calling their attention to the matter and requesting them to forward said returns not later then the 29th current. carried. Moved by Mr. Barnes clauses in Bylaws No. a Grammar School in the 1856 be repealed. Moved by Mr. Clunas seconded by Mr. Thompson that this Council adjourn in order that the Committee may have time to make out their reports and meet again tomorrow morning at nine o'clock. seconded"cby>Mr.Xerr -t-hatthe appointing Trustees of Village of Fingal since the year William McKay Clerk. George Suffel Warden. -142A- (Elgin County Council Proceedings, 1861-18~7) SECOND SESSION 1864 22nd June, 1864. Wednesday the 22nd June. The Council met at nine o'clock forenoon. The Warden in the Chair. Members present: Messrs. Kerr Barnes Welding Luton '. Thompson Dobbie Clunas Nairn Decow Harvey Stratton The proceedings of previous day were read and signed. The following communications were read by the Clerk. From the Clerk of the Peace with copies of presentments Grand Jury March and June Sessions. From Sheriff Munro in reference to a new Flag for Court House and suit instituted against him by the Bank of Montreal. From County Registrar relative to additional shelving required in Register Office. After which it was moved by Mr. Dobbie seconded by Mr. Thompson that the sum of One Hundred and Fifty Dollars be granted on the County line between the County of Elgin and Kent and that the sum of One Hundred dollars be granted on the County line between the County of Elgin and Norfolk and also the sum of Fifty dollars be granted for the County line between Elgin and Oxford as soon as said Counties adjourning appropriate like amounts and that a Bylaw be passed to that effect. lost Moved by Mr. Luton seconded by Mr. Thompson that all communications for appropriations on County lines be sub- mitted to the Committee on Public Improvements. carried. ~~ (;Q\i\'i1'l \.\'?>'i'J'I''1 (cont'd) -143- (Elgin County Council Proceedings, 1861-1867) 22nd June, 1864. Moved by Mr. Dobbie seconded by Mr. Stratton that this Council do now adjourn till two o'clock this after~ noon to allow the Committees on Public Improvements and Equalization of Assessment Rolls to meet. carried. The Council resumed. Mr. Glover presented p~tition of the Revd. H. B. Jessup and 124 others Freeholders and Householder~ of the village of Port Burwell praying the Council to direct the census of said village to be taken preparatory to incorporation thereof. Mr. Dobbie Reeve of Bayham submitted petition of John Burwell and 33 6thers praying that the census of the village of Port Burwell be not taken. The petitions were read by the Clerk. After which it was moved by Mr. Nairn seconded by Mr. Harvey that the petition of the Revd. H. B. Jessup and 124 others ~ree~ holders and Householders of the village of Port Burwell praying for the adoption of the proceedings necessary with a view to the incorporation of said village be re- ceived and that W. A. Glover be allowed to address the Council in reference to the prayer of such petition. carried. Mr. Glover addressed the Council. Moved by Mr. Clunas seconded by Mr. Decow that Mr. David Mirrell of Port Burwell be appointed Commissioner to take the Census of the village of Port Burwell proposed to be incorporated comprising lots mentoned in documents accompanying the petition and to make his returns under oath to the next meeting of this Council it being under- stood that all the necessary expenses attending theSe pro- ceedings be paid by the petitioners and that they like-- wise furnish a proper map of the lands intended to form said incorporated village. carried (cont'd) -144- (Elgin County Council Proceedings, 1861-1867) 22nd June, 1864. Moved by Mr. Luton seconded by Mr. Kerr that the re- port of Committee on Equalization be received and read. carried. The Clerk read report of Committee on Equalization. Moved by Mr. Harvey seconded by Mr. Dobbie that the report of the Committee on Equalization of the Assessment Rolls of the Municipalities be adopted. carried. Moved by Mr. Nairn seconded by Mr. Harvey that a By- law be prepared and passed by this Council to confirm By- law No. 99 of the Township of Malahide being a Bylaw to establish a public road on the West side of the North part of lot No. 26 in the North Gore of Malahide and to convey the original allowance for road between the North parts of lots numbers 25 and 26 in the said north Gore to Isaac Chambers. carried. Moved by Mr. Dobbie seconded by Mr. Nairn that the report of the Committee on Public Improvements be received and read. carried. The Clerk read the report after which it was moved by Mr. Clunas seconded by Mr. Nairn that this Council go into Committee of the whole on I'e...port of Committee on Public Improvements. carried. The Council went into Committee of the whole. Mr. Luton in the Chair. The Committee rose and reported the adoption of the report of the Committee on Public Improvements by the Com- mittee of the whole without amendment. When it was moved by Mr. Dobbie seconded by Mr. Harvey that the report of the Committee on Public Improvements be adopted without amendment. The Yeas and Nays being called for were taken down as follows. (cont'd) ,'~,';~'-"~" "-'=~~<'~-'<''-'-'''''';;''''''--~';''--~';''''''-'-'~~ .', . ~..-.._-..'- - -< ..;.-..-.-" >,,-~ ,""';,~,~',"""..-., --~. ._~..---" -.- -145- (Elgin County Council Proceedings, 1861-1867) 22nd June, 1864. Yeas Galbraith, Barnes, Kerr, Luton, McKillop, Thompson, Decow, Harvey, Stratton and Dobbie - 10 Nays Nairn, Welding and Clunas - 3 Motion carried by majority of - 7 Mr. Nairn Chairman of Finance Committee submitted report. Moved by Mr. Dobbie seconded by Mr. Stratton that the report of Finance Committee be received and read. The Clerk read the report. Moved by Mr. Dobbie seconded by Mr. Stratton that the report of Finance Committee be adopted. carried Moved by Mr. Clunas seconded by Mr. Thompson that the Clerk be requested to cgpy the report of the Finance Com- mittee that it may be published with the minutes of this Council. carried Mr. Nairn submitted draft of Bylaw No. 117 to con- firm Bylaw No. 99 of Malahide conveying a road allowance to Isaac Chambers. After which it waS moved by Mr. Harvey seconded by Mr. Decow that Bylaw No. 117 be received and read a first time. carried Moved by Mr. McKillop seconded by Mr. Thompson that Bylaw No. 117 be read a second time. carried. Moved by Mr. McKillop seconded by Mr. Thompson that Bylaw No. 117 confirming Bylaw No. 99 of the Township of Malahide be read a third time and finally passed. carried. (cont'd) -146- (Elgin County Council Proceedings, 1861-1867) 22nd June, 1864. Moved by Mr. McKillop seconded by Mr. Kerr that the matter be left with Gaol Committee to make arrangements for the removal of the County Treasurers Office to the Court House and that they procure the necessary alterations required to be made. carried. Moved by Mr. Dobbie seconded by Mr. stratton that this. Council authorize the Gaol Committee to procure a new flag for the Court House and that they make arrange- ments to paint the fence around the Court House Yard and provide new shelving for the Registry Office. carried. Moved by Mr. Clunas seconded by Mr. Harvey that the Warden be authorised to sign a cheque for amount of Jud- gement obtained in suit brought by Bank of Montreal for recoviiJry' of money wrongfully paid over by the Sheriff to the County in suit County of Elginvs. McIntyre Estate. carried. Moved by Mr. Barns seconded by Mr. Welding that the Council adjourn till nine o'clock tomorrow morning. William McKay County Clerk. George Suffel Warden. _ ._.-",-";~_,,,,,,"~..~.;..c.;",,,..;,...._~_.c.-...c":'~_',C'___'~"~'_~ _'.', '_ ._-~'.__,'_ -147- (Elgin County Council Proceedings, 1861-1867) SECOND SESSION 1864 Third Day 23rd June, 1864. Thursday the 23rd day of June.1864. The Council met at nine o'clock forenoon. The Warden in the Chair. Members present: Messrs. Clunas Stratton Dobbie McKillop Thompson Nairn Decow Luton Welding Galbreath The proceedings of previous day were read and signed. After which it was moved by Mr. Luton seconded by Mr. Welding that Bylaw No. 118 to raise an amount for Common School Teachers equal to the Legislative apportionment be received and read a first time. The Clerk read Bylaw No. 118. Moved by Mr. Thompson seconded by Mr. Clunas that By- law No. 118 be read a second time. carried. Moved by Mr. Dobbie seconded by Mr. Stratton that By- law No. 118 be read a third time and finally passed. carried. Moved by Mr. Stratton seconded by Mr. Dobbie that By~ law No. 119 to raise County rates be received and read a first time. carried. Moved by Mr. Thompson seconded by Mr. Clunas that By- law No. 119 be received and read a second time. carried (cont'd) -148- (Elgin County Council Proceedings, 1861-1867) 23rd June, 1864. Moved by Mr. Luton seconded by Mr. Welding that By- law No. 119 be read a third time and finally passed. carried. The Clerk submitted draft of Bylaw No. 120 to appro- priate certain amounts on County lines. carried Moved by Mr. Dobbie seconded by Mr. Stratton that Bylaw No. 120 be received and read a first time. carried Moved by Mr. Thompson seconded by Mr. McKillop that Bylaw No. 120 be read a second time. carried. Moved by Mr. Luton seconded by Mr. Welding that By- law No. 120 be read a third time and finally passed. The Yeas and Nays being demanded by Mr. Clunas on the final passing of Bylaw No. 120 were taken down as follows. Yeas Galbreath, Kerr, Luton, Barnes, Thompson, McKillop, Stratton and Dobbie - 8 Nays Clunas and Welding ~ 2 Motion carried by majority of - 6 Mr. Macartney presented petition of William McKay and six others residents of the Township of Sou~hwold adjoining the Township of Delaware praying the Council to make ap- plication to the Government for a survey of the boundary line between the Townships of Southwold and Delaware. Moved by Mr. Barnes seconded by Mr. Archibald Kerr that the prayer of the petition of W. McKay and others residing in the Township of Southwold in the County of Elgin be granted and that this Council do make application to the Governor General for a survey of the Town line between the Townships of Southwold and Delaware and for the establishment (cont'd) -149- (Elgin County Council Proceedings, 1861-1867) 22nd June, 1864. of permanent of Southwold guarantee to such survey. stove monuments from the first Concession to the River Thames provided the petitioners this Council the payment of the expense of carried. Moved by Mr. Barns seconded by Mr. Kerr that the Warden be authorised to make the application to the Governor General for the establishment of the T~wn ~ine between Southwold and Delaware upon the petitioners furnishingnim with such a guarantee for the expense of said survey as he may approve of. carried. Moved by Mr. Thompson seconded by Mr. Luton that By- law No. 107 toxaise loan for improvement of Gaol and Gaol Yard be laid over for further consideration till next meeting of this-Council. carried. Moved by Mr. Nairn seconded by Mr. Luton that the Warden be authorised to employ a Surveyer to survey the Townline between Yarmouth and Malahide North of the Village of Orwill and as soon as the proper boundaries are acertained that the Clerk notify parties who may have tres- passed requiring them to remove all fences and other obs- tructions on the original road allowance. carried. Moved by Mr. Nairn seconded by Mr. Luton that an ad- ditional insurance of $4000 be effected in the Royal Insu~ rance Company of England on the Court House and Gaol provided it can be effected at a rate not exceeding half a percent. carried. Moved by Mr. Clunas seconded by Mr. Barnes that the County Treasurer be requested to notify the defaulting Municipalities that are in arrears to the County that they be requested to pay the same immediately. carried. Moved by Mr. Barnes seconded by Mr. Kerr that the sum of Eighty dollars be granted to repair the Bridge across Kettle Creek on Talbot Road being partly in the corporation of St. Thomas and partly in the Municipality of Southwold and also to repair the Bridge near the st. Thomas Mills in (cont'd) -150- (Elgin County Council Proceedings, 1861-1867) 23rd June, 1864. a like situation and that a Bylaw be drawn up accordingly and a copy of the same furnished to the Council of the Corporation of St. Thomas that they may appropriate a similal amount in temS of the 327th section of the Munici- pal Act. carried. Moved by Mr. Dobbie seconded by Mr. Thompson that Mr. McKillop be appointed a Commissioners to repair the approach and put a railing on each side of said approach to the Wardsville Bridge on the Elgin side to the amount of twenty dollars which sum is to be paid out of the appropriations which have been already made if any remain and if there is no unexpended appropriation their out of the general funds of the County. carried. Moved by Mr. Luton seconded by Mr. Barnes that this Council adjourn till one o'clock afternoon. carried. The Council resumed. Moved by Mr. Clunas seconded by Mr. Barnes that the communication in reference to the Deaf and Dumb Institution of Toronto be laid over for further consideration till the next meeting of this Council. carried. The Clerk submitted draft of Bylaw No. 121 to appro- priate an amount for repair of the Bridges across Kettle Creek in the Boundary between the Town of St. Thomas and the Municipality of Southwold. Moved by Mr. Thompson seconded by Mr. Kerr that Bylaw No. 121 be read a second time. carried. Moved by Mr. Barns seconded by Mr. Kerr that Bylaw No. 121 be read a third time and finally passed. carried Moved by Mr. Clunas seconded by Mr. Dobbie that the Council of the Corporation of the Town of st. Thomas be allowed the use of the County Weights and Measures as soon as the Eastern Inspector find it convenient to let them have them unless he should deem it expedient to visit St. Thomas for the purpose of inspecting Weights and Measures. carried. (cont'd) ,..'-_.....-.-._.-,.~.-~"..;._.<,,-'.._~.- -151- (Elgin County Council Proceedings, 1861-1867) 23rd June, 1864. On motion the Warden was authorised to sign orders for payment of the accounts embraced in the Finance "." report and also for members wages and the" Council adjourned till the second Tuesday in November next. William McKay County Clerk. George Suffel Warden. -152- (Elgin County Council Proceedings, 1861-1867) THIRD SESSION 1864 8th November, 1864. Tuesday the Eighth day of November. The Council met at ten o'clock forenoon. The Warden in the Chair. Members present: Messrs. McKillop Galbraith Decow Welding Ba~ns Dobbie Kerr Clunas Nairn Harvey Stratton Luton ~he proceedings of the last day of the previous session were read and signed. After which the following communications were read. From the County Treasurer relating to amounts due from the Municipalities. From Sheriff Munro with cop,y of report of Prison Inspector in reference to the dounty Gaol. From J. McKay County Registrar in reference to fire- wood supplied to his office. From John Notman Clerk of joint Committee on Agricul- ture Legislative Assembly in reference to circulars. From Provincial Secretary's Office relating to Statute. From the Council of Huron and Bruce with Instructions on Land Drainage by Professor Buckland. (cont'd) -153- (Elgin County Council Proceedings, 1861-1867) 8th November, 1864. Notice of proceedings in Chancery in suit Ann Drake versus B. Drake the County of Elgin and others. Presentments Grand Jury Spring assizes and September Sessions. Sub Treasurer and Bonds Municipalities Bayham and Southwold. Petition from Thomas D. Warren Deputy Clerk of the Crown in reference to a Book required for the new Bank- ruptcy Act. Moved by Mr. Nairn seconded by Mr. Clunas that Messrs Dobbie, Luton and the Warden be a Select Committee to in- vestigate the claim,made by Miss Drake against the County of Elgin and other,,; who have pruchased Land belonging to the Estate of the late William Drake and for which she has insti tuted proceedings in Chancery said Committee .to report to this Council tomorrow morning. lost. In amendment it ws moved by Mr. Luton seconded by Mr. Galbreath that Messrs Decow, Dobbie and Nairn be appointed a Committee to confer with the defendants in the Chancery Suit brought by Miss Ann Drake who claims her maintenance from Lot number two in the Eighth Concession of the Town- ship of Yarmouth and County Elgin on a portion of which the Court House is erected. Main motion lost and amendment carried by casting vote of the Warden. Moved by Mr. McKillop seconded by Mr. Clunas that the report of the Prison Inspectors be received. and read. The Clerk read the report of Prison Inspectors. Moved by Mr. McKillop seconded by Mr. Barnes that the Gaol Committee be instructed to order a well to be dug for the use of the Prison and furnish from pumps and pipes for the conveyance2 of the water into the Gaol as required by the Prison Inspectors. (cont'd) -154- (Elgin County Council Proceedings, 1861-1867) 8th November, 1864. Moved by Mr. Luton seconded by Mr. Galbreath that this Council adjourn till nine o'clock tomorrow morning to enable the several Committees to meet and complete their reports. William McKay County Clerk. George Suffel Warden. -155- (Elgin County Council Proceedings, 1861-1867) THIRD SESSION 1864 9th November, 1864. Wednesday the Ninth day of November. The Council met at nine o'clock forenoon. The Warden in the Chair. Members present: Messrs. McKillop Welding Barns Galbreath Stratton Dobbie Decow Kerr Clunas Harvey Nairn Luton The proceedings of the previous day were read and signed. The Warden laid before the bouricil a communication received from Mr. Taitof Iona in reference to the ap- propriations made towards the,debt of the Mackintosh Bridge. After which it was moved by Mr. Dobbie seconded by Mr. Stratton that the report of the Finance Committee be received and read. carried. The Finance report was read by the Clerk. Moved by Mr. Dobbie seconded by Mr. Clunas that the report of the Finance Committee be adopted and that the Warden be authorised to sign cheques for the several amounts embraced therein. carried. Mr. Nairn Chairman of the Committee appointed to in- vestigate the claim made by Miss Drake submitted report. (cont'd) -156- o (Elgin County Council Proceedings, 1861-1867) 9th November, 1864. Moved by Mr. Dobbie seconded by Mr. Stratton that the report of the Committee appointed to investigate ~he claim made by Miss Drake against the County of Elgin and others be received and read. carried. Report read. After which it was moved by Mr. Clunas seconded by Mr. Harvey that this Council go into Committee of the whole and report now read. lost. Moved by Mr. Dobbie seconded by report of the Committee appointed to made by Miss Drake be adopted. Mr. Stratton that the investigate the claim carried The Clerk submitted petition of Archibald McLean and others in reference to the Curry Road which was read. Moved by Mr. McKillop seconded by Mr. Kerr that a Com- mittee be appointed to wait upon the Committee appointed by the inhabitants of the Town of st. Thomas to adopt,. . the best means of settling Miss Drake's Claim and that the Warden Messrs Nairn and Decow be said Committee. carried. Moved by Mr. Barns seconded by Mr. Kerr that this Council adjourn till one o'clock. The Council resumed. Moved by Mr. McKillop seconded by Mr. Kerr that the communication from Mr. Tait of lona be received and read. carried. The Clerk read Mr.- Taits communications. Moved by Mr. McKillop seconded, by Mr. Barnes that the Clerk be instructed to furnish Mr. Tait of Iona a copy of the Bylaw granting a certain sum of money for the liquida'-. tion of the debt of the Mackintosh Bridge across the River Thames. carried. Moved by Mr. Barnes seconded by Mr. Decow that the sum of Fifty Dollars be appropriated toward the improvement of the County line between Elgin and Middlesex namely on (cont'd) -157- (Elgin County Council Proceedings, 1861-1867) 9th November, 1864. that part of the Township line between Delaware and South- wold extending easterly from Lot number one in the first Concession to the Delaware gr~ded road on condition that a like sum be granted by the County of Middlesex and that . a Bylaw be drawn up accordingly. carried. Mr. Nairn Chairman"of Gaol Committee submitted report. Moved by Mr. John Clunas seconded by J. McKillop that the report of the Gaol Committee be received and read. The Clerk read the report. Moved by Mr. Barnes seconded by Mr. Welding that the report of the Gaol Committee be adopted and that the Warden be authorised to sign cheques for the several it was therein named. carried. The Clerk submitted draft of Bylaw No. 122 to appro- priate the sum of fifty dollars for the improvement of a part of the County boundary between the Township of South- wold and Delaware. Moved by William Harvey seconded by Mr. Nairn that By- law No. 122 be received and read a first time. carried. Moved by Mr. Amos Barnes seconded by Mr. Kerr that Bylaw No. 122 be read a second time. Moved by Mr. McKillop seconded by Mr. Kerr that Bylaw number 122 be read a third time and finally passed. Moved by Mr. Barnes seconded by Mr. Kerr that the com- munication from Mr. John McKay be received and read. carried. Moved by Mr. Nairn seconded by Mr. Harvey that the opinion of the County Solicitor be procured as to the lia- bility of the County to furnish fuel for the various Offices in the Court House. carried. Moved by Mr. Luton seconded by Mr. Galbreath that the application of J. D. Warren Esqr. be laid over for the con- sideration of a future Council. carried. (cont'd) -158- (Elgin County Council Proceedings, 1861-1867) 9th November, 1864. Moved by Mr. Barns seconded by H. B. Welding that in consideration of the increase of duties imposed on Municipal Officers by recent Statutes. The salary of the Treasurer be increased two hundred dollars and that the resolution passed in 1860 in reference to the Clerks salary be re- scinded and that these alterations take effect from the commencement of the present year. The Yeas and Nays being called for by Mr. McKillop were as follows. Yeas Dobbie, Harvey, Luton, Decow, Stratton, Barnes, and Welding - 7 Nays Galbreath, McKillop, Clunas and Kerr - 4 Motion carried by majority of - 3 Moved by Mr. Luton seconded by Mr. Galbreath that this Council pay to the Warden the sum of Sixty Dollars for his services during the present year. _ Moved by Mr. McKillop seconded by Mr. Clunas that a vote of thanks be tendered to the Warden by the Council for the very able and efficient manner in which he has discharged his duty as Warden for the current year. carried. Moved by Mr. Clunas seconded by Mr. John McKillop that a vote of thanks be tendered to the Clerk and Tres- surer of this County for the very able and efficient manner they have discharged the duties of their offices for the current year. carried. Moved by Mr. McKillop seconded by Mr. Clunas that this Council do now adjourn sine die and that the Warden be authorised to sign drafts for members wages. William McKay County Clerk. George Suffel Warden.