1865 Minutes
-159-
(Elgin County Council Proceedings, 1861-1867)
FIRST SESSION 1865
24th January, 1865
Tuesday the 24th January.
The Reeves and Deputy Reeves of the several Municipa-
lities in the County met in accordance with the Municipal
Institution Act of this day at twelve o'clock noon having
filed certificates of appointment with the Clerk took their
seats at the Council Board as follows.
J. W. ,D(jbbie~ Reeve
Henry Stratton Deputy ..
George Suffel Reeve
T. M. Nairn ..
William Harvey Deputy ..
John Smith Deputy Reeve
David King Reeve
Daniel Luton Reeve
W. H. Mandeville Deputy ..
John Galbraith Deputy ..
Daniel Decow Reeve
John McKillop Reeve
Archibald Thomson Deputy ..
John Clunas Reeve
Bayhl3.m'"
..
Vienna
Malahide
..
Southwold
"
Yarmouth
"
Dunwich
..
Al dbo rough
..
S. Dorchester
The members present were called to order.
The Clerk in the Chair.
Moved by Mr. Luton seconded by Mr. Mandeville that
John Clunas Esqr. be appointed Warden for the present year.
(cont'd)
-169'"
(Elgin County Council Proceedings, 1861-1867)
24th January, 1865.
Yeas - 7
Nays - 7
The vote being a tie Mr. Luton Reeve of Yarmouth re-
presentative of the Municipality having the greatest number
of names on the Assessment Roll gave a double or casting
vote in favor of the motion which was, carried
The Clerk then declared Mr. Clunas duly elected Warden
of the County.
The Warden made the declaration of office before His
Honor the County Judge and having taken the Chair addressed
the Oouncil.
The Clerk read the proceedings of the last day of the
previous session which were authorised to be signed.
The Clerk then read the following Communications from
the Provincial Secretary relating to Municipal returns.
From the Militia Department in reference to Militia
lists in Assessments Rolls.
From the Council of the Counties of Northumberland
Durham regarding the Municipal Loan Fund.
From the Council of Oxford relating to indigent persons
From the Provincial Secretary in reference to contem-
plated alterations in Gaol Premises.
From C. D. Paul, County Solicitor, relative to the
supplying of County offices with fuel.
From His Honor Judge Hughes, Chairman of the Board of
Grammar School Trustees.
From J. P. McDonald Vienna resigning the office of
Inspector of Weights and Measures for the Eastern Division
of the County.
(cont'd)
-161-
(Elgin County Council Proceedings, 1861-1867)
24th January, 1865.
From the County Treasurer in relation to the County
Finances.
From Leonard Luton Local Superintendent in reference
to postage and stationary.
From Henry Roswell, relative to assessment blanks.
From the Council of Norfolk relating to appropriation
on County line.
Moved by Mr. Suffel seconded by Mr. Harvey that the
communications be taken up and disposed of tomorrow morning
and that be the first order of the day.
Moved by Mr. McKillop seconded by Mr. Galbreath that
Colin McDougall be appointed a County Auditor for the pre-
sent year.
In amendment it was moved by Mr. Suffel seconded by
Mr. Harvey that W. J. White be appointed one of the County
Auditors for the current year. carried.
Amendment carried main motion not put.
Moved by Mr. McKillop seconded by Mr. King that a
Committee of three be appointed to strike the Standing
Committees for the current year and that Messrs Nairn,
Smith, and Decow be said Committee. carried.
In amendment,
Moved by Mr. Suffel seconded by Mr. Nairn that the
Standing Committees on Finance, Education and Public
Improvements be appointed in the usual manner by this
Council. lost.
Movedb~ Mr. Nairn seconded by Mr. Harvey that Mr. J.
P. McDonaid:s: resignation as Inspector of Weights and
Measures for the Eastern Division of the County be accepted
carried.
(cont'd)
-162-
(Elgin County Council Proceedings, 1861-1867)
24th January, 1865.
Moved by Mr. Nairn seconded by Mr. Harvey that Mr.
Leonard Luton be appointed Local Superintendent o~ Schools
for the East riding of the County for the current year.
carried.
Moved by Mr. Suffel seconded by Mr. Stratton that
Alfred M. Patton be appointed a Trustee of the Vienna
Grammar School to fill the place of H. A. Gustin who has
removed from the limits. lost.
The Warden nominated J. P. Martyn as one of the County
Auditors for the current year.
Moved by Mr. Suffel seconded by Mr. Stratton that
L. J. G and Charles Draeseke be appointed Trustees
of the Vienna Grammar Schools for four years. carried.
Moved by Mr. McKillop seconded by Mr. King that the
Council adjourn for half an hour to allow the Committee
appointed to strike the Standing Committees time to meet
and report. carried.
The Council adjourned and after an intermission of
half an hour, met again.
Mr. Decow Ohairman of Special Committee on Standing
Committees submitted report which was read.
Moved by Mr. McKillop seconded by A. Thompson that the
report of the Committee appointed to appoint the Standing
Committees for the current year be adopted. carried.
Moved
C. D. Paul
year.
by Mr. McKillop seconded by Mr. Decow that
be appointed County Solicitor for the current
carried.
Moved by Mr. Nairn seconded by Mr. Harvey that the
Revd.John McMillan and Edmund Sheppard be appointed Grammar
School Trustees for the st. Thomas Grammar School for the
ensuing four years. carried.
(cont'd)
..1-.___~.___~__._.~_.._..___ _.
-163-
(Elgin County Council Proceedings, 1861-1867)
24th January, 1865.
Moved by Mr. Luton seconded by Mr. Galbreath that
the Clerk read the clause in Bylaw passed last June ap-
propriating fifty dollars on the boundary line between
Westminster and Yarmouth. carried.
The Clerk read the clause in Bylaw.
Moved by Mr. King seconded by Mr. McKillop that this
Council adjourn till nine o'clock tomorrow morning.
William IVlcKay
County Clerk.
John Clunas
Warden.
_ _..m___"-_'_.._,w.~'___,_~ ~.. '~_'___"~'''_''~_
-164-
(Elgin County Council Proceedings, 1861-1867)
FIRST SESSION 1865
Second Day
25th January, 1865.
Wednesday the twenty fifth day of January. The Council
met at nine o'clock forenoon.
The Warden in the Chair.
Members present:
Messrs. Dobbie
Stratton
Harvey
Smith
Decow
Luton
and Thompson
McKillop
Nairn
Suffel
Mandeville
King
Dobbie
The proceedings of the previous day were read and
authorised to be signed.
Moved by Mr. McKillop seconded by Mr. Galbreath that
John McColl Local Superintendent for the West Riding be
heard before this Council. carried.
Mr. McColl being present addressed the Council in re-
ference to an Arbitration held on a School matter at
"Tyrc'Onnel,
Moved by Mr. Galbraith seconded by Mr. King that
John S. McColl be re~appointed Local Superintendent of
Common Schools for the West Riding of Elgin for the current
year. carried.
Moved by Mr. Nairn seconded by Mr. Harvey that in
consequence of the County Council of the County of Mid-
dlesex having omitted to pass a Bylaw similar to section
(cont'd)
-165-
(Elgin County Council Proceedings, 1861-1867)
25th January, 1865.
four of Bylaw number 120 of this CounCil passed on 23rd.
June last being a Bylaw to provide for the improvement
of the boundary lines between the County of Elgin and
adjoining counties that this Council appoints Gilbert
Taylor Esqr. to be arbitrator on behalf of this County
in terms of Section 358 of the Municipal Institution Act.
carried.
Moved by Mr. Suffel seconded by Mr. Harvey that the
communications be now taken up and disposed of. carried.
The Clerk read the communication from the Council of
Oxford relating to indigent and infirm persons.
After some discussion thereon, it was moved by Mr.
Suffel seconded by Mr. Harvey that this Council having
taken into consideration the communication from the Warden
of the County of Oxford with reference to the support of
the indigent, poor and afflicted would recommend that a
Committee be appointed to cooperate and consult with the
Committees of the Councils that may be appointed for the
purpose named in the resolution and that said Committees
if appointed shall meet at Woodstock on Friday the four-
teenth day of February next. carried.
Moved by Mr. Dobbie seconded by Mr. Stratton that
Mr. Suffel and Mr. Decow be appointed a Committee to meet
the Councils of other Counties suggested to meet at Wood-
stock on the fourteenth day of February next and that said
Committee be paid the same in mileage and per day as
County Councillors and that said Committee report to this
Council at its next session and that the Clerk furnish the
Council of Oxford with a copy of this resolution.
On motion of Mr. Thompson seconded by Mr. Luton the
Council adjourned for an hour.
The Council resumed.
Moved by Mr. Mandeville seconded by Mr. Luton that
Isaac K. Moore of Union be appointed Inspector of Weights
and Measures in the East Riding of the County of Elgin.
(cont'd)
-166-
(Elgin County Council Proceedings, 1861-1867),
25th January, 1865.
In amendment,
Moved by Mr. Nairn seconded by Mr. Harvey that Mr. H.
C. Hughes of Aylmer be appointed Inspector of Weight and
Measures for the Eastern Division of the County Amendment
carried main motion lost.
Moved by Mr. Decow seconded by Mr. McKillop that
Daniel Eccles Inspector of Weights and Measures for the
western Division of the County be the Senior Inspector.
In amendment,.
Moved by Mr. Harvey seconded by Mr. Nairn that Mr.
H. C. Hughes of Aylmer be and he is hereby appointed ~
Senior Inspector of Weights and Measures for the County
of Elgin.
Amendment carried main motion lost.
Moved by Mr. Nairn seconded by Mr. Suffel that in
view of the .contemplated constitutional changes and the
announcement of the Finance Minister that in the proposed
Federation Scheme it is intended that the debts due by the
several municipalities in Upper Canada under the consoli-
dated Municipal Loan Fund Act be continued a local debt
against said Municipalities. Whereas the Lower Canada the
amounts expended under the Segnorial Tenure Act are to be
assumed by the General Government. It is expedient ~hat
petitions to Parliament should be forwarded by this Council
setting forth the injustice of such an arrangement and
praying that in case the indebtedness under the Segnorial
Tenure Act in Lower Canada be assumed by the General
Government. That the amounts due under the Municipal Loan
Fund in Upper Canada should also be assumed by the General
Government and that the local representatives be communi-
cated with on the subject and their cooperation in Parlia-
ment solicited.
The Clerk then read the communication received from
the Government i~'reference to the Gaol.
After some discussion thereon it was moved by Mr.
Suffel seconded by Mr. Harvey that it is expedient that
this Council take immediate action with reference
(cont'd)
-167-
(Elgin County Council Proceedings, 1861-1867)
25th January, 1865.
to the communication received from the Provincial
Secretary urging the necessity of making the alterations
in the Gaol and that the Bylaw introduced to raise the
sum of $6,000 for the purpose of making said alterations
be now passed.
In amendment,
Moved by Mr. Decow seconded by Mr. King that the re-
solution to pass the Bylaw relating to the raising a loan
for the Gaol alteration be laid over till tomorrow.
Amendment carried main motion lost.
Moved by Mr. Suffel seconded by Mr. Harvey that this
Council adjourn tilI nine o'clock tomorrow morning to
allow the Standing Committees time to meet and complete
their reports.
William McKay
County Clerk.
John Clunas
Warden.
-168-
(Elgin bounty Council Proceedings, 1861-1867)
FIRST SESSION 1865
Third Day
26th January, 1865.
Thursday the 26th day of January. The Council met
at nine o'clock forenoon.
The Warden in the Chair.
Members present:
Messrs. Dobbie
Stratton
Harvey
Suffel
Mandeville
Thompson
Smith
Luton
Deuow
McKillop
Galbraith
Nairn
King
The proceedings of the previous day were read and
authorised to be signed.
The Clerk read report of the Directors of the st.
Thomas and Aylmer Gravel Road Company.
Moved by Mr. McKillop seconded by Mr. Galbraith that
Bylaw number 97 appointing Auditors and fixing their
salary be repealed and that they be only allowed the sum
of twenty dollars each. carried.
The report of the Finance Committee was submitted and
read by the Clerk when it was moved by Mr. Dobbie seconded
by Mr. Stratton that the report of the Finance Committee be
received and read. carried.
Moved by Mr. Dobbie seconded by Mr. Stratton that the
report of the Finance Committee be adopted. carried.
(cont'd)
-169-
(Elgin County Council Proceedings, 1861-1867)
26th January, 1865.
Moved by Mr. Nairn seconded by Mr. Harvey that Bylaw
No. 123 being a Bylaw to appoint an Inspector of Weights
and Measures for the Eastern Division of the County be
received and read a first time. carried.
Moved by Mr. Dobbie seconded by Mr. Stratton that By-
law No. 123 be read a second time. carried.
Moved by Mr. Luton seconded by Mr. Mandeville that
Bylaw No. 123 be read a third time and finally passed.
Yeas and Nays being demanded by Mr. McKillop.
Yeas
Smith, King, Lut~n, Mandeville, Nairn, Harvey, Suffel,
Stratton and Dobbie.
Nays
Galbraith, McKillop and Thompson
Moved by Mr. Thompson seconded by Mr. Luton that Bylaw
number 124 to appoint Local Superintendents of Common
Schools be received and read a first time. carried.
The Clerk read Bylaw No. 124.
Moved by Mr. Nairn seconded 1b' Mr. Harvey that Bylaw
No. 124 being a Bylaw to appoint Local Superintendents for
the County be read a second time.., carried.
The Clerk read Bylaw No. 124.
Moved by Mr. Suffel seconded by Mr. Harvey that By-
law No. 124 appointing Local Superintendents of Schools
for the County be read a third time and finally passed.
(cont'd)
-170-
(Elgin County Council Proceedings, 1861-1867)
26th January, 1865.
Moved by Mr. Luton seconded by Mr. Mandeville that
Bylaw number 125 to appoint County Auditors be received
and read a first time. carried.
The Clerk read Bylaw No. 125.
Moved by Mr. Stratton seconded by Mr. Dobbie that
Bylaw number 125 be read a second time. carried.
Moved by Mr. Thompson seconded by Mr. King that By-
law number 125 appointing County Audi t.ors be read a third
time and finally passed. carried.
Moved by Mr. King seconded by Mr. McKillop that this
Council adjourn for an hour.
The Council resumed.
Moved by Mr. Nairn seconded by Mr. Decow that a
petition be at once addressed to the Governor in Council
relative to the communication from the Provincial Secretary
bearing date the 21st November last, setting forth that, in
consequence of the present indebtedness o~ the County and
the ample accommodation now existing for the number of
Prisoners usually confined in Gaol, this Council deems it
a great hardship that the County should thus be compelled
to go into what appears to be an unnecessary expenditure,df
money and praying that the order passed ordering the alter-
ations and additions may be rescinded. And in the event of
the Government not acceding to the prayers of said petition
and insisting that the work be proceeded with, the Warden ~'
be authorised to call a Special Meeting for passing the By-
law to raise the necessary funds. carried.
Moved by Mr. Suffel seconded by Mr. Dobbie that the
report of the Committee on Education be received and read.
carried.
The Clerk read the report of Education Committee.
(cont'd)
-171-
(Elgin County Council Proceedings, 1861-1867)
26th January, 1865.
Moved by Mr. McKillop
Council go into Committee
Education Committee.
seconded by Mr. Decow that this
of the whole on the report of
carried.
The Council went into Committee of the whole.
Mr. Nairn in the Chair.
The Committee of the whole rose and the Chairman re-
ported the adoption of the Education report without amend-
ment.
Moved by Mr. Suffel seconded by Mr. Dobbie that the
report of the Committee on Education be adopted as reported
by Committee of the ~hole. carried.
Moved by Mr. Suffel seconded by Mr. Harvey that Bylaw
number 126 making grants to the County Grammar Schools and
appointing Grammar School Trustees be read a first time.
carried.
Moved by Mr. Luton seconded by W. H. Mandeville that
Bylaw number 126 be read a second time. carried.
Moved by Mr. Dobbie seconded by Mr. Stratton that By-
law number 126 making appropriations to the County Grammar
Schools be read a third time and finally passed. carried
Moved by Mr. Nairn seconded by Mr. McKillop that pe-
titions be forwardedby this Council to the Judge of the
Superior Courts of Comman Law in Toronto and the Judge of
the County Court praying that in consequence of the
limited number of cases usually tried at the courts in this
County and the great expenses annually incurred in the pay-
ment of Jurors, the descretion vested in said Judges by the
6lst Section of the Act 22nd Victoria Chapter 31 may be
exercised by o-rdering a lesser number than forty eight"
Peti t JurO'rs to be summoned for the assize's and Court of
Quarter Sessions. Carried.
Moved by Mr. Suffel seconded by Mr. Harvey that the
Treasurer of the County be and is hereby authorised to pay
(cont'd)
-172-
(Elgin County Council Proceedings, 1861-1867)
26th January, 1865.
D. J. Hughes Esqr., Chairman of the St. Thomas Board of
Grammar School Trustees, the sum of one hundred and twenty
one dollars and sixty five cents being the amount paid by
him in the purchase of a Plot of Ground at Sheriffs Sale
for Grammar School purposes. Said amount to be paid when
the necessary documents with reference to the title of
said land are put into the possession of the Warden or
Clerk of this Council. carried.
Moved by Mr. Suffel seconded by Mr. Harvey that the
Warden be authorised to sign orders for the payment of the
accounts embraced in the report of Finance Committee ,-.
adopted by this Council. carried.
Moved by Mr. Suffel seconded by Mr. Harvey that the
application of the County Treasurer for an additional
iron door to the vault in his office and also the better
security of the stoves in the Court House against by fire
be referred t~ the Gaol Committee. carried.
Moved by Mr. Nairn seconded by Mr. Suffel that the
Council adjourn till the third Tuesday in June and that
the Warden sign draft for members wages. carried.
William McKay
Clerk.
John Clunas
Warden
-173-
(Elgin County Council Proceedings, 1861-1867)
SECOND SESSION 1865
First Day
20th June, 1865.
Tuesday the 20th day of June. The Council met according
to notice at ten o'clock forenoon.
The Warden in the Chair.
Members present:
Messrs.
Luton
Mandeville
Nairn
Smith
Suffel
Harvey
Thomson
Stratton
Dobbie
King
Galbraith
McKillop
Decow and
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 by the
Clerk.
From the Provincial Secretary's Office acknowledging
receipt of petition of this Council respecting the County
Gaol.
From the Council of the County of Kent relating to
appropriation for County line between Aldborough and Orford.
From the Council of York and Peel relating to petition
to the Legislature for the encouragement of agriculture and
manufactures by admitting raw materials free of duty.
From the Council of Victoria with petition concerning
interest on Loans.
(cont'd)
-174-
(Elgin County Council Proceedings, 1861-1867)
20th June, 1865.
Communications continued.
From the Secretary's office in reference to Provincial
Statutes.
From L. Heyden Clerk of Crown and Peace respecting
petition of this Council submitted to the Judges.
From E. Leonard Legislative Council relating to pe-
tition from this Council respecting Municipal Loan Fund.
From the County Treasurer with Statementof Finances
and estimate for the current year also memorandtim:c of Mr.
Street claim for Taxes paid on part S~ of Lot No. one 3rd.
Concession Aldborough.
From County Auditors in reference to Treasurers
Accounts.
From County Registrar relating to floor of vault in
his office.
From Revd. J. McMillan resigning office of Grammar
SChool Trustee.
From John ScobIe M. P. P. in reference to petition
submitted to Legislative Assembly relating to Municipal
Loan Fund.
,
From H. C. Hughes Aylmer in reference to acceptance
of office of Inspector of Weights and Measures.
Petition of Kenneth McLean and others relating to a
grant for Township line between Aldborough and Dunwich.
PetitiDn .9f Neil Walker and others in reference to
the state of the County line between Elgin and Kent.
After which it was moved by Mr.
McKillop that the Special Committee
Assessment Rolls be now appointed.
Nairn seconded by Mr.
for Equalization of
carried.
(cont'd)
-175-
(Elgin County Council Proceedings, 1861-1867)
20th June, 1865.
Moved by Mr. Thomson seconded by Mr. Harvey that the
Reeve of each Municipality be appointed a Committee to
equalize the Assessment Rolls for the present year.
carried.
Moved by Mr. Nairn seponded by Mr. Thompson that the
reports submitted by the County Auditors on the Treasurers
Accounts for the year 1864 be confirmed and finally passed
by this Council in terms of the 170th Section of the Muni-
cipal Act. carried
Moved by Mr. Nairn seconded by Mr. Harvey that this
Council confirm the arrangement entered into by the Warden
with W. J. White Esqr. as one of the County Auditors and
authorize him to sign a cheque for the $10 allowance
guaranteed to Mr. White in addition to amount named in By-
law. carried.
Moved by Mr. King seconded by Mr. Decow that this
Council adjourn till ten o'clock tomorrow morning.
In amendment,
Moved by Mr. Thompson seconded by Mr. Harvey that this
Council adjourn till nine o'clock tomorrow morning in
order that the Committees on Equalization, Finance and
Public Improvements may meet.
Amendment carried main motion not put.
William McKay
County Clerk
John Clunas
Warden
-176-
(Elgin County Council Proceedings, 1861-1867)
SECOND SESSION 1865
Second Day
21st June, 1865.
Wednesday the 21st day of June. The ,Council :met..
The Warden in the Chair.
Members present:
Messrs. McKillop
Thompson
Decow
Gal brai th
Smith
King
and Harvey
Luton
Mandeville
Dobbie
Stratton
Suffel
Nairn
The proceedings of the previous day were read and
approved.
Moved by Mr. McKillop seconded by Mr. Luton that the
report of the Committee on Equalization of the Assessment
Rolls be received and read. carried.
Mr. Nairn Chairman of Equalization Committee submitted
report which was read by the Clerk.
Moved by Mr. Dobbie seconded by Mr. Nairn
Council be put into Committee of the whole on
ization report of the Assessment Rolls.
that this
the Equal-
carried.
The Council went into Committee of the whole.
Mr. Smith in the Chair.
(cont'd)
-177-
(Elgin County Council Proceedings, 1861-1867)
21st June, 1865.
The Committee of the whole rose and reported the
adoption of the Equalization report with an amendment.
Moved by Mr. Suffel seconded by Mr. Dobbie that the
report of the Committee on the Equalization of Assessments
be received. and adopted as amended in Committee of the
whole. carried
The Yeas and Nays being demanded by Mr. McKillop
were taken down as follows.
Yeas
Dobbie, Suffel"Nairn, Harvey, Stratton, Luton,
Mandeville, King ana Smith - 9
Nays
Galbraith, Thompson, McKillop and Decow - 4
Motion carried by majority of - 5
Moved by Mr. Suffel seconded by Mr. Dobbie that this
Council adjourn till nine o'clock tomorrow morning.
William McKay
County Clerk.
John Clunas
Warden.
-178-
(Elgin County Council Proceedings, 1861-1867)
SECOND SESSION 18.65
Third Day
22nd June, 1865.
Thursday the twenty second day of June. The Council
met pursuant to adjournment at nine o'clock forenoon.
The Warden in the Chair.
Members present:
Messrs. Stratton
Dobbie
Suffel
Harvey
McKillop
Decow
Gal brai th.<
Luton
Mandeville
Nairn
Thompson
King
Smith
The proceedings of previous day were read and signed.
The Clerk read communication from the Middlesex County
Council relative to an appropriation of fifty dollars
granted to improve part of the County line between Delaware
and Southwold.
Mr. Suffel Chairman of Finance Committee submitted
report when it was moved by Mr. Dobbie seconded by Mr. -
Harvey that the report of the Committee on Finance be re-
ceived and read. carried.
The Clerk read the Finance Report.
After which it was moved by Mr. Dobbie seconded by Mr.
Stratton that the report of the Finance Committee be adopted
and that the Warden sign cheques for the several amounts of
the accounts mentioned therein. carried.
Mr. Nairn moved seconded by Mr. Harvey that the thanks
of this Council be tendered to Mr. Vanvan(enburg Detective
Officer London for the very efficient services recently
(cont'd)
-179-
(Elgin County Council Proceedings, 1861-1867)
22nd June, 1865.
rendered by him in the pursuit and arrest of Daniel Mann,
John Sharp and John Parnell charged with burglary, robbery
and shooting with intent to kill in this County and that
the sum of one hundred dollars be paid to him as a reward
for hi~ services. carried.
Moved by Mr. Mandeville seconded by Mr. Dobbie that
this Council have learned with gratification of the ex-
ertions of Mr. Lachlan Campbell the High Constable of
this County in the bringing to justice Daniel : Mann~arid
others burglars and robbers who recently made an endeavour
to rob the inhabitants of the Townships of Malahide. It
is therefore resolved that the sum of fifty dollars be paid
to him as a reward for his services. carried.
Moved by Mr. J. McKillop seconded by Mr. Galbraith
that the resignation of Mr. McMillan as Trustee of the St.
Thomas County Grammar School be accepted. carried.
Moved by Mr. Nairn seconded by Mr. Mandeville that
Mr. A. Young of St. Thomas be appointed a Trustee of the
Board of Grammar School Trustees of St. Thomas Grammar
School in place of the Revd. Mr. McMillan resigned.
carried.
In amendment it was,
Moved by Mr. McKillop seconded by Mr. Galbraith that
Colin McDougall be appointed Trustee of the st. Thomas
County Grammar School in place of Mr. McMillan resigned.
Amendment lost and main motion carried.
The Yeas and Nays being demanded by Mr. McKillop on
the main motion were taken as follows.
Yeas
Smith, Nairn, Mandeville, Luton, Harvey, Suffel
Dobbie and Stratton - 8
Nays
Galbraith, King, Thompson, McKillop and Decow - 5
Main motion carried by majority of - 3
(cont'd)
-180-
(Elgin County Council Proceedings, 1861-1867)
22nd June, 1865.
The Accounts of the Sheriff County Attorney and
Michigan officials in reference to expenses of arrest
and extradition of Daniel Mann, John Sharp and J. Parnell
were submitted to the Council after some discussion there-
on and explanations made by His Honor Judge Hughes -and
the County Attorney. The Warden was authorised to emp~~er
the County Treasurer to advance the amount for payment 61 the
account of the Michigan authorities relating to the extra-
dition of Mann and Sharp and the other accounts submitted
in reference thereto were ordered to be laid..before the
Quarter Sessions.
His Honor Judge Hughes and John McKay Esqr. appeared
before the Council as a deputation from the St. Thomas
Board of Grammar School Trustees and made statement res-
pecting an appropriation for enlarging the County Grammar
School in St. Thomas.
Moved by Mr. McKillop seconded by Mr. Harvey that the
Council adjourn till tow o'clock to enable the Committee
on Public Improvemehts to meet. carried.
The Council resumed.
Moved by Mr. Suffel seconded by Mr. Harvey that Bylaw
No. 127 to raise the sum of three thousand five hundred
and thirty eight dollars in support of Common Schools be
received and read a first time. carried.
Moved by 1tr. Harvey seconded by Mr. Stratton that By-
law No. 127 be read a second time~ carried.
Moved by Mr. Nairn seconded by Mr. Harvey that Bylaw
No. 127 be read a third time and finally passed.
Moved by Mr. Harvey seconded by Mr. Suffel that Bylaw
No. 128 being a Bylaw to raise the sum of $14000 for general
County purposes be received and read a first time. carried
Moved by Mr. Suffel seconded by Mr. Harvey that Bylaw
No. 128 be read a second time. carried.
(cont'd)
-181-
(Elgin County Council Proceedings, 1861-1867)
22nd June, 1865.
Moved by Mr. McKillop seconded by Mr. Harvey that By-
law No. 128 be read a third time and finally passed.
carried.
Moved by Mr. Harvey seconded by Mr. Suffel that the
Warden be authorised to sign a petition to the Legislation
praying them to pass a Bylaw requiring Road Companies or
persons owning or occupying roads on which tolls are
collected.
To make ditches along the sides of their road and
keep them opened.
To make culverts across their road and keep them pro-
perly opened.
To enclose by proper rail fence the sides of the
Bridges and approaches thereto.
To make the embankments. the proper width with ditches
thereto and maintain them.
To fence embankments and maintain fences.
To protect the road from the encroachment of streams
and to keep them so protected.
The cause all thistles and other weeds on the road to
be cut down and kept constantly cut down or rooted out.
To cause road Companies or persons owning public road
to do any other thing that may be necessary to be done or
performed for the better keeping of such road and the
protection of the public.
And when any Company or owners or occupiers of public
~oadS fail to perform such work, to make provision so that
the same shall be done by the Officers of the Municipality
at the expense of such owners or Road Company. carried.
Ccont'd)
~~
~~
-182-
(Elgin County Council Proceedings, 1861-1867)
22nd June, 1865.
Moved by Mr. McKillop seconded by Mr. Luton that the
report of the Committee on Public Improvements be received
and read.
The report of Committee on Public Improvements was
submitted and read by the Clerk. After which it was moved
by Mr. Nairn seconded by Mr. Suffel that the Council go
into Committee of the whole on the report of the Committee on
?ublic improvements. carried.
The Council were put into Committee of the whole.
Mr. Mandeville in th~ Chair.
After sometime spel'itl "therein.
The Committee of the whole rose and the Chairman re-
ported the adoption of the report of the Committee on
Public Improvements without amendment.
Moved by Mr. Decow seconded by Mr. King that the report
of the Committee on Public Improvements be adopted and that
Bylaws be drawn up for the several amounts embraced. therelfn
and submitted to the Council. carried.
Moved by Mr. King seconded by Mr. Decow that this
Council adjourn till nine o'clock tomorrow morning.
William McKay
County Clerk
John Clunas
Warden.
-183-
(Elgin County Council Proceedings, 1861-1867)
SECOND SESSION 1865
Fourth Day
23rd June, 1865.
Friday 23rd day of June. The Council met at nine
o'clock forenoon.
Mr. Clunas the Warden in the Chair.
Members present:
Messrs. McKillop
Galbraith
Smith
" King
Dobbie
Suffel
Decow
Luton
Mandeville
Harvey
Nairn
Stratton
Thompson
The proceedings of the previous day were read and
approved.
The Clerk read Bylaw No. 129 to~a~propriate~~e sum pf
two hundred and seventy five dollars toWdrds the building
a bridge across Kettle near Turvells Mills on the boundary
between the Municipalities of the Town of St. Thomas and
the County of Elgin.
Moved by Mr. Luton seconded:-4>iMr. King that Bylaw
No. 129 appropriating $275 to ass~st in building a bridge
on the County line between Yarmouth and St. Thomas be re-
ceived and read a first ti~e. carried.
Moved by Mr. King seconded by Mr. Luton that Bylaw No.
129 be read a second time. carried.
Moved by Mr. Smith seconded by Mr. King that Bylaw No.
129 be read a third time and finally passed. carried.
(cont'd)
-184-
(Elgin County Council Proceedings, 1861-1867)
23rd June, 1865.
Mr. McKillop moved seconded by Mr. Thompson that By-
law No. 130 appropriating the sum of $200 to improve the
County line between Elgin and Kent and one hundred dollars
between Elgin and Norfolk be received and read a first
time. carried.
Moved by Mr. Thomson seconded by Mr. Smith that
Bylaw No. 130 be read a second time.
Moved by Mr. Nairn seconded by Mr. Dobbie that the
further reading of Bylaw No. 130 be deferred until the
opinion of the County Solicitor be obtained as to the
power of the Council to appoint one of its members as a
Commissioner to expend County monies. carried.
Moved by Mr. Dobbie seconded by Mr. Stratton that
this Council instruct the Gaol Committee to repair the
floor of the Registry Office with a coating of cement or
as may seem best to said Committee and make the necessary
repairs in painting the windows of the Court House and
Gaol. carried.
Moved by Mr. Nairn seconded by Mr._ Decowthat:; consi-
de~ing the probabilities that the Grammar School Site pur-
chased at Sheriffs sale by the "~'Chairman of the Board of
Grammar School Trustees may become the absolute property
of the School Oorporation it would be inexpedient to make
any temporary outlay for the enlargement of the present
Grammar School building in St. Thomas.
This Council would therefore recommend the Gramm~r
School Board in the meantime to endeavour to make arrange-
ments with the Board of Trustees of the St. Thomas Central
School for the use of one of the rooms of that School where
the scholars attending the Grammar School may have the ad-
vantage of the English branches taught in that School without
incurring the expense of employing a second Teacher and
that the sum appropriated by this Council towards the St.
Thomas Grammar School be expended if necessary for the
purpose of remunerating the Board of the st. Thomas Central
School for accommodation. carried.
(cont'd)
-185-
(Elgin County Council Proceedings, 1861-1867)
23rd June, 1865.
Mr. Decow laid before the Council report of the
Auditors of the Building Committee of the Mackintosh
Bridge.
Moved by Mr. Nairn seconded by Mr. Mandeville -.that
the report of the Auditors of the Building Committee of
the present Mackintosh Bridge be read before this Council
carried.
The Clerk read Auditors Report of Receipts and J;.lis-
bursements on account of the Mackintosh Bridge.
Moved by Mr. Thompson seconded by Mr. Smith that
this Council having read the Auditors report on the
Financial Affairs of the McIntosh Bridge together with
the explanations of Mr. Daniel Decow Chairman of the.
Bridge Committee are of opinion that the charges pre-
ferred by Mr. :I'a'itto this Council against Mr. Decow are,:not
warranted: by the facts set forth" in the Auditors Report
and they fUlly exhonerate Mr. Decow so far as the monies
appropriated by this County are concerned. carried.
Moved. by Mr. Suffel seconded by Mr. Harvey that this
Council authorize the Warden to sign a petition to the
Legislature for the encouragement of Agriculture and
ManufactUres in similar terms as adopted by the United
Counties of York and Peel and that said petition have the
seal of the County attached and be forwarded to the care
of County members for presentation to the Legislature.
carried.
Moved by Mr. McKillop seconded by Mr. Harvey that
this Council adjourn till the second Tuesday of November
next and that the Warden sign draft for members wages.
William McKay
Clerk.
John ClUnas
Warden
-186-
(Elgin County Council Proceedings, 1861-1867)
THIRD SESSION 1865
14th November, 1865.
Tuesday the fourteenth day of November. The Council
met at ten o'clock forenoon.
The Warden in the Chair.
Members present:
Messrs. Nairn
Harvey
Stratton
Dobbie
Mandeville
~
McKillop
Thompson
Galbraith
Suffel
Smith
The proceedings of the last day of the previous
session were read and authorised to be signed.
The Warden address~d the Council.
The following communications were then read.
Frqm L. Luton Local Superintendent for East Riging
of the County tendering his resignation of Offic~.
From P. J. Martyn making application for the office
of Local Superintendent.
From Walker making application for the office of
Local Superintendent.
From the County Registrar in reference to registration
of Bylaws affecting roads.
. From the County Treasurer relating to amounts due
by Municipalities.
From the Council of York and Peel in relation to the
Reciprocity treaty.
(cont'd)
-187-
(Elgin County Council Proceedings, 1861-1867)
14th November, 1865.
From the Provincial Secretary concerning the Statutes.
From James Keefer Middlesex County Clerk in relation
to McIntosh Bridge.
From John ScobIe M. P. P. acknowl~dging receipt of
communication.
From John ScobIe copies of proposed amendments to As-
sessment and Municipal Acts.
Petition of Thomas Backhouse and others relative to
Township line between Yarmouth and Malahide,
Petition of Benjamin Kinsey and others in reference
to an appropriation for improvement of-Township. line
between Dorchester and Malahide.
After which Mr. Suffel moved seconded by Mr. Harvey
that the communication of L. Luton Esqr. t~ndering his re-
signation of Local Superintendent of Schools for the East
Riding of the Oounty be accepted. carried.
Mr. Kelly of Malahide submitted a~c6unt for board of
indigent boy named Bliss which was refered to Finance Com-
mittee.
Moved by Mr. McKillop seconded by Mr. Thomson that
Mr. Gann Teacher of the Deaf and Dumb Institution Hamilton
be heard before this Council.
Mr. McGann being present made statement to the Council
and exhibited the proficiency of some of his pupils.
Moved by Mr. Mandeville seconded by Mr. Smith that
this Council adjourn till tomorrow morning at nine o'clock.
lost.
Moved by Mr. Harvey seconded by Mr. Suffel that the
Revd. E. Sheppard be appointed Local Superintendent of
Schools for the East Riding of the County for the remainder
of the current year in place of L. Luton resigned. carried
-188-
(Elgin County Council Proceedings, 1861-1867)
14th November, 1865
Moved by Mr. McKillop seconded by Mr. Thompson that
the communications be taken up and disposed of. carried.
Moved by Mr. Nairn seconded by Mr. Harvey that the
petitions of Daniel McIntosh and others for assistance to
open a water course on own line between Malahide and South
Dorchester and the petition of Thomas Backhouse and others
for opening a road in lieu of a portion of Town line
between Malahide and Yarmouth be referred to Committee on
Public Improvements. carried.
Moved by Mr. George Suffel seconded by Mr. Harvey that
the Council adjourn until tomorrow morning at 9 o'clock in
order that the Finance Committee may meet.
William McKay
County Clerk
John Clunas
Warden
-189-
(Elgin County Council Proceedings, 1861-1867)
THIRD SESSION 1865
15th November, 1865.
Wednesday the 15th day of November. The C9uncil met
at nine o.clock forenoon.
The Warden in the Chair.
The proceedings of the previous day were read and
authorised to be signed.
Members present:
Messrs. Stratton
Dobbie
.Suffel
~lirvey
Mandeville
Luton
Nairn
McKillop
Thompson
King
Galbraith
Smith
Decow
Mr. Suffel Chairman of Finance Committee submitted
report.
After which Mr. McKillop moved seconded by Mr. Luton
that the report of the Finance Committee be received and
read. carried.
The Clerk read report of Finance Committee.
Moved by Mr. Harvey seconded by Mr. King that the
report of Finance Committee be adopted and that the Warden
sign drafts for accounts embraced therein.
Moved by Mr. Harvey seconded by Mr. Suffel that the
Clerk of this Council be instructed to notify Mr. Ebenezer
Kelly that this Council will not: be responsible for the
further maintainance of the indigent child of Mr. Bliss
now under his care. carried.
(cont~ il)
-190-
(Elgin County Council Proceedings, 1861-1867)
15th November, 1865.
Moved by Mr. McKillop seconded
Council adjourn for half an hour to
on PUblic Improvements to meet.
The Council resumed.
by Mr. Luton that the
allow the Committee
carried.
The Chairman of Committee on Public Improvements sub-
mitted report of Committee after which it was moved by Mr.
McKillop seconded by Mr. Luton that the report of Committee
on Public Improvements be received and read. carried.
The report of Committee on Public Improvements was
read by the Clerk. When it was moved by Mr. Decow seconded
by Mr. Smith that the.. report of Oommi ttee on Public Improve_
ments be adopted. 'carried.
Moved by Mr. Suffel seconded by Mr. Harvey that this
Council having heard statements from Mr. J. B. McGann, the
proprietor of the Hamilton Deaf and DUmb Institute, and
having also had a public exhibition of some of the pupils
attending said School, this Council do grant to Mr. McGann
the sum of one hundred dollars to assist him in his embar-
rassed circumstances in carrying on the above named In-
stitution. carried.
Moved by Mr. Smith seconded by Mr. King that Bylaw
number 132 to confirm Bylaw number 127 of ~he Municipality
of Southwold be received and read a first time. carried
The Clerk read Bylaw number 132.
Moved by Mr. Thompson seconded by Mr. Mandeville that
Bylaw number 132 be read a second time. carried.
Moved by Mr. Decow seconded by Mr. Galbraith that By-
law number 132 be read a third time and finally passed.
carried.
(cont'd)
-191-
(Elgin County Council Proceedings, 1861-1867)
15th November, 1865.
Moved by Mr. Stratton seconded by Mr. Suffel that this
Council empower T. W. Dobbie, the Engineer appointed by this
Council, to draw plans and superintend the building of a
bridge over the River Thames a little lower down the
stream and in lieu of the Mackintosh Bridge, to advertise
for tenders, let the contract and select a site for said
bridges in connection with the Engineer of Middlesex.
carried.
Moved by Mr. Nairn seconded by Mr. Luton that this
Council adjourn for an hour. carried.
The Council after intermission of an hour resumed
when it was moved by Mr. Dobbie seconded by Mr. Harvey
that it is advisable 'the subject of the improvement of the
Talbot Road be taken into consideration by this Oouncil at
an early day, that the main thoroughfare of the County
may be gravelled and the hills cut down so that the farmers
may have every facility of conveying their produce to
market at all seasons of the year. carried.
Moved by ~r. Dobbie seconded by Mr. Stratton that the
thanks of the Council be tendered to John Clunas Esqr.
Warden of the County for his efficient services during the
present year and that the sum of sixty dollars be granted
to him for extra services during the year. carried.
Moved by Mr. Dobbie seconded by Mr. Stratton that the
thanks of this Council be given to the Treasurer and Clerk
for the efficient manner in which they have performed the
duties of their respective offices for the present year.
carried.
Moved by Mr. McKillop seconded by Mr. Luton that the
Warden be authorised to sign draft for members wages and
that the Council adjourn sine die.
William McKay
County Clerk.
T. M. Nairn
Warden.