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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.