County of Perth Herald (Stratford), 3 Feb 1864, p. 6

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6 COUNTY OF PERTH HERALD PAYMENT OF COSTS INCURRED IN SUIT TO QUASH BY-LAW 91. On. 'motion of Mr. Harrison, the Warden was instructed vo issue an order for payment of costs in connexion with By-Law 91, so soon as the amount is known and bills taxed as between attorney and client. Third Day's Proceedings. January 28th, 1864, At the suggestion of Mr. Kastner, the County Clerk was instructed to attend at his office on Tuesdays and Wednesdays as heretofore, and not on Tuesdays and Fridays as recommended by the Committee on the duties of officers, Xe. On motion of Mr. Gooding, the Clerk was ordered to notify the County Engineer to draw plans and specifications for the erection of a bridge across the river Thames, between the counties of Perth and Middle- sex. -- Contract to be let forthwith -- cost not to exceed $1,500. On motion of Mr. Gooding, the Warden was instructed to grantan order for $150 to Mr. Wilson, con- tractor, being the amount of a grant for filling approaches to a bridge over the River Thames at Nicholl's mills. On motion of Mr. Carroll, it was ordered that $29.39 be paid to the township of Hib- bert, being the unexpended balance of a grant made in 1860. ENGINEER'S REPORT. A Report was read from the County Engineer, showing that in accordance. with instructions given during the last session of Council he had caused wells to be provided at the following Toll Gates :--- Depth of Cost of . Cost of Well. Well. Pump. No. 1 Huron Road--well not yet completed. aaa om 43 $11 75 $17 00 "3 " 15 20 00 10° 50 "4 af 17 23 00 10 75 1 St.Marys Road, 19 26.00 11 25 uy ve 19 26 00 11,26 The Engineer in the matter of Ryan's contract, stated that he had notified the contractor to place gravel on the road during the winter months. No attention had been paid to such notice, however, nor had he been able to see Ryan for some time, He recommended that $75 per mile per year, during the term of Ryan's contract, be ex- ended on these roads under his own super- intendence. He also stated that he had let a contract for hauling 400 cubic yards of gravel, to be delivered on the roads in the neighborhood of Carronbrook. Wm. Kenney, contractor. He recommended that timber for culverts be taken out during the winter. The Report was referred to Com- mittee on Roads and Bridges. A statement was submitted by the Clerk, relating to the sale of the County toll gates and the amounts realized, same as already published in the Herald. STATUTES OF 1863. The Clerk read a communication from the Secretary's office, Quebec, saying that 48 copies of the Statutes had been forwarded to be distributed among the Reeves and Deputy-Reeves in each township. A letter was read from J. C. W. Daly, Esq., offering to sell to the Council two, three or five acres of land on the south west part of Park lot, No. 444, at $400 per acre. Re- ferred to Jail Committee. A report from the Reeye and Deputy Reeve of Stratford was read, shewing how they had expended the special grant for re- pairing Gravel Roads for 1863 as follows : Amount of grant, $247 50. Paid for gravel,.......... $207. 00 " spreading same, 25, 75 " superintending, 6 00 " 'breaking large stones, -.....+0. 319 "printing = and ady. contracts, 5 56 ----_---- $247 50 Also a report of the wayin which they ex- pended the town line grant as follows : Amount of grant,.............. $165. Paid Wilson for crosswaying town line between Stratford and S. E. Hope,........s0-+.46 $40 Paid Mills for work on town line between Stratford and Downie, . 0. « pcsdves pbb .sidt- was 40 Paid Grant for drain to take water off town line between Stratford, Downie and S. E. Hope;...... am deind ahs ond ds 60 Paid Kirk for surveying and levelling,.....:..:. eed EA. « ' 4 Paid for printing,............ 5 Mr. Fitzgibbon, tax collector, Ellice, ap- plied to have the time extended till tho Ist March. On motion of Mr: Carroll the time for the return of the Rolls was extended till 1st of March next: A few of the Council- lors were in favor of passing 4 resolution authorizing the Treasurer to accept' silver at par. It was contended that this would be unfair to those who had already paid 'their taxes giving the diseount. The 'Warden said he would instruct the Treas- urer to'take no more silyer than the law compelled him to take. ACCOUNTS. The following accounts were read and referred to Finance Committee ; County Engineer, formaps &c., $42; Vivian & Co., printing debentures and post- ing large bills, $14 91 ; Vivian & Co. Day Book and Journal, $8 25 ; Dayis, Bro., advertising, $18 10 ; Wm. Buckingham, 'advertising, &., $38 31 ; Wm. D. Harrison, selling Toll-Gates, $12 ; do. selling the Orr property in Mitchell, $12. On motion of Mr. Trow 'the Clerk was instructed to provide a supply of Assess- ment Rolls for the use of Assessors who might require such. Moved by Mr. Trow seconded by Mr. Stewart : that the Clerk furnish a detailed statement at the next session of the Council of all expenses connected with By-Law 91. Carried. NON-RESIDENT DEBENTUBES. A. McGregor, Esq., Treasurer, in com- pliance with a resolution of the Council at the previous session in reference to the amount received by Municipalities of the proceeds of non-resident debentures, and the loss sustained by the County by the re- duction made by the Court on non-resident taxes, he stated that there were three issues of debentures in which the following Municipalities participated as follows : 1st Issue 2nddo 3rd do N.Easthope, $ 22430 $ 288 $ 226 92 S, Easthope, 356 82 1088 L171 80 Stratford, 784 05 1052 1214.40 Downie, 183 25 204 112 75 Ellice, 284 10 440 327 36 Logan, 1583 85 1604 822 42 Mitchell, 526 84 520 372 Hibbert, 329 468 219 48 Fullarton, 209 240 100 44 Blanshard, 23 40 34 78 12 St. Marys, 1236 20 1612 1821 60 Mornington, 436 319 92 Elma, *3500 1736 95 Wallace. 380 245 -52 Should be $2527. 'The loss sustained by the County on account of the deductions made by the Court amounted to $6320 05, as follows, viz: 8. Easthope, $4642 05; Stratford, $1778. These are the only municipalities, in the settlement of which (as to the residents) the Court interfered. (Signed,) A. McGREGOR. TREASURER'S STATEMENT. The Treasurer's. statement, for the half- ear was read, shewing the receipts to have been $119,351.70, and the balance due the County, on the 1st January, 1864, $7,812 81}. A statement was made of relief fund arrears till lst January, 1864, $2,664 39; municipalities in, arrears for County Rate, $38,744 15; toll-gates in arrear, $921,01-- total arrears less mortgages due 1st Jan., 1864, $42,319 55... The immediate liabili- ties were set down at $55,700 30; leaving a deficiency of $13,380 75. To the report was appended a note stating that the 5e. in the dollar, Municipal Loan Fund interest for 1863, not haying been levied ($18,597 33,) if excluded from the account, would leave a balance of $5,216 78 over the im- mediate liabilities of the County. The re- port was referred to the Finance Committee, and the Council adjourned until ten o'clock to-morrow. Fourth Day's Proceedings. January 29th 1864. The Council met at 10 o'clock a. m. REPORT OF THE ROAD AND BRIDGE COM- MITTEE. County Engineers Report--Your Com- mittee approve generally of steps taken to keep repairs on County Gravel Roads. With respect to Ryan's contract, who, it appears, has left the county, your Committee recommend it to be cancelled and the Eng- ineer attend to the repairs under his own superintendence; but they would recommend that not more than $60 per mile be expended. Report of Town Line grant and special grant for Stratford--Your Committee find but-without vouchers. They would again recommend that all such money be paid to the Treasurers of Local Municipalities whose statements of the expenditure would be equivalent to youchers. D. D. HAY., Chairman. Mr. Kastner, Reeve of Ellice, handed in a statement of the manner in which the town- ship of Ellice aportionment of the town line grant had been expended--filed. The Warden informed the Council that an application had been made by Mr. Williams on behalf of the Judge for the Court House in which to hold the Division Court next day. Mr. Trow thought the Council had better adjourn till Monaay._ Mr. Davidson said it would be most un reasonable to adjourn till Monday and ex- pect members to come back a) distance of 40 miles. Mr, Trow'sidea was not ap- proved of. It was decided the Court House could not be given up, That the Division Court might be held in the. Town all. , Moved by Mr. Jones, seconded by Mr. Kee; that the Warden, Trow, Jones. and Box be a Committee to make such arrange- ments with reference to the unsold lands adyertised by the Sheriff for arrears of taxes as they may deem advisable. BROWN VS PERTH. A letter addressed by Edward Blake, Esq., to the County Solicitors, was read in- forming them that judgment had been given against the County. No other papers being ready, the Council adjourned till 2 o'clock p.m. The Council reassembled at 2 o'clock. The Warden handed in an account for $11 50, being his expenses to Toronto, &c., last December, on County business-- Ordered to be paid. Account of A.J. Belch, Esq., Argus, $10. Referred to Finance Committee. REPORT OF SPECIAL COMMITTEE ON:COUNTY ENDEBTEDNESS. Your Committee after mature considera- tion of the question of our indebtedness Xc., &c., recommend as follows : 1° That a settlement be at once effected with the government as to the amount due on Municipal Loan Fund Debt. additional sum toward existing liabilities, and for the purpose of making certain other improvements in the County, be consolidated under one By-Law ; such By-Law to be introduced as early as practicable and sub- mitted to the electors for their approval. Your Committee would rezommend the following appropriations to be made and incorporated with the debt thus consolidated; WO oo 0 oc ons ccttens $1200 LR a Ae ere 1800 Mimlabtel 2 7e ds iis i... <2 co<dese ne 1500 DeWEIO inna Bed 6 6006 sates' 1000 FES er tives ares cerns soho A 3200 North Easthope;..........<+-+++5 1400 South Easthope.......-..-.+-+0+ 2000 St. Marys...icci se. scent eeneseee en 1500 Phangan od basso. cc xssstied.d-« 1500 Mornington ..... ....00seesedeees 3500 Mi ice «fica a « 0h | cs «de> BiH ed 4500 W allsne 30. wise ocd) 304s 2oet 4500 Mistohelli <4 <g<nieass<- dhs si sb ssebai 500« Sipation ai. cces a aaieis sacl te doy 4500 Total, $32,600 Probable amount of present liabilities and expenditure required, $33,000, Proba- ble amount due on Municipal Loan Fund debt, $300,000. Amount required to be raised by By-Law, $365,600. In anticipation of some such general measure receiving the support! of the Coun- ceil, your Committee would recommend that some' steps be taken at once to relieve municipalities which have expended money under ithe provisions of By-Law, 91. Signed t s - D. D. HAY, Chairman. The Council went into Committee to consider the report. ; Mr. Jones in the chair. A long discussion ensued and' a» large number of motions and counter motions were 'moved and lost. The report 'passed through the Committee without any amendment. The Warden haying resumed the chair, the discussion commenced afresh. One or two members of the Board were rather severe upon the Reeve of Hibbert, for supporting a scheme now more expensive than that which he had so bitterly opposed last year. Mr. Carroll said he was always in favor of assisting the Northern Town- ships, provided his own. township and others got a full share. On motion of Mr. Trow, seconded by Mr. Stewart, the following resolution was finally carried: That the report be amended by erasing the clause for grant- ing relief to those niunicipalities which have expended large sums under By-Law 91, until a decision is ob- tained upon said scheme by a vote of the Ratepayers of the County. The Council then adjourned till ten o'clock to-morrow. Fifth Day. 10 o'clock a. m., Jan. 30th. On motion of Mr. Jones, standing rule, No. 32, was suspended in order that certain matters passed yesterday might be re- considered. t The Warden appointed James Lee, Esq., County Auditor for the present year. Moved by Mr. Ford, seconded by Mr. Gooding: That as the Reeve of Hibbert has by his opposition to By-Law 91, saddled the County with a very large amount of costs, and now wants an appropriation from the County to his municipality of a sum sufficient to gravel the whole of 'the centre line of said township at a cost®of some $3,200. Resolved that in view of consolidating the County debt, no grants be made to any municipality; and that those already made be cancelled, except to the townships of Elma, | Wallace, and Mornington, which shall be entitled to receive the actual amount of work done, as valued by the County Engineer, irrespective of the contract prices ; and that the Warden be authorized, on receipt of the Engineer's certificate, to sign an order or orders for the amount ; but in the meantime to sign orders for 50 per cent to relieve, in part, personal responsibility. Mr. Forp explained that his reason for moving this was, under the present in- eumbered state of the County it would only be adding expenses to no purpose, because a majority of the people would oppose the scheme contemplated, and it would, conse- quently, fall to the ground. He was willing to wave his own claims and allow the Northern Townships to be paid for the work actually done. Mr. Harrison did not think it would 'be just to other townships to adopt Mr. Ford's proposition. . He characterized the course of the Northern Townships as reckless. Mr.. CARROLL said | the motion. was 'in keeping . with every thing else which the mover had anything to do with. If'such a resolution was carried, he gave them notice it would be opposed. . He had successfully opposed By-Law 91, and he would frustrate this as well. Besides he would spring a mine upon them of which they were not yet aware. The yote being taken, the. Olerk declaired it a tie. The Warden declined to support it on the grounds that he didnot wish any more litigation. . The. townships of Mornington, Elma and Wallace should be paid; but he desired. that it would be so arranged as to be finally settled' when the yote was over. 2 That the amount thus due' with an | Mr. Harrison thought it was not fair to press the matter while a number of the mem- bers were absent. . It was not courteous. Mr. Carrout--Courtesy indeed! ° Ex- pect courtesy from pigs in a potato garden ! ! The motion was lost. Moved by Mr. Ford, seconded by Mr. Harrison, That application be made to the Legislature at its next session, for an act to eonsolidate the County debt and to.raise the required amount by the issue of debentures payable in 25 years; with a governing clause restraining the County from con- tracting any further debt by the issue of debentures until the present debt is can- celled, in accordance with the notice pub- ished by the Warden. The Warden did not think such a scheme would be sanctioned. by the people. We had, he said, $7,000 in cash--the income this year would be, say, $9,000--raise by By-Law $20,000--levy $40,000--the Gov- ernment grant to new Jail $6,000. Tn all $82,000. We would have to expend for a new Jail, $20,000--debentures falling due in June next, $19,000--a year's interest to the Government, $18,000, and to Elma, Wallace and Mornington $10,000. © In all $67,000. If this plan were adopted, instead of yesterday's, he thought it would be better for all parties. This would give a balance of $15,000 for general purposes. He ex- pressed # hope that all rip would calmly and impartially consider the matter. It was not, in all respects, perfect, still it was, he thought, better than yesterday's scheme. He felt almost sure the scheme could not be carried. ; Mr. Mrrcwexy. Can we obtain such an act as that spoken of in the resolution ? Mr. Forp. Yes! The hon. Donald MeDonald considered we could, and he, no doubt, knows. Mr.CARROLL had no doubt that the hon. Donald: McDonald would be. in fayor of such an act. .He was a large property holder in. the County, and it would. be for his'interest to carry'out such a scheme, It would relieve him; in the mean time, from paying heavy taxes. 'he Warden thought something should be done to relieve the townships of Elma, Wallace, and Mornington. If this resolu- tion wascarried, and nothing else done, it would be months before these townships could receive any money, The matter would have to go before the people before anything 'could be done, and he understood of the parties had already been sued. "Mr. Trow thought the Warden was out of place in advocating the interests of an articular section. He could not help feel- ing astonished. Mr. Hay was more astonished at Mr. Trow's course. He had expressed liberality with his lips but had lamentably failed to carry it out in practice. a Mr. Carroll considered the Warden's course most inconsistent. He had, 'at one time, pronounced the whole Gravel Road Scheme a piece of rascality. He at first strongly opposed it; now he was in its favor. Mr. Hay requested to be allowed to take the Warden's part. That gentleman had not been guilty of what Mr. Carroll and others charged him with ; he had never, for one moment, opposed the grants to the Northern Townships. He had opposed the assumption of the Stratford Northern Gravel Road by the County, that was all! and his course throughout the whole affair was perfectly straight forward, upright apd,con- sistent. He was sorry he could not say' as much for others. "a The Warden said he challenged any mem- ber of the Board to show a resolution he had ever brought forward condemning the grants to the three Northern Townships, The motion was carried. Mr. Carroll moved that the motion sus- pending standing rule No, 32, be rescinded. --lost. > RELIEF TO THE NORTHERN TOWNSHIPS. Moved by Mr. Mitchell, seconded by Mr. Stanley: 'That the Warden relieve the town- ships of Elma, Mornington and Wallace, to the extent of fifty per ceut of the work actu- ally done when certified by the County Engineer; and that no more money be-ex- pended, as contemplated at present time-- the whole amount payable not to exceed $4,500. In amendment, .it was. moved by Mr. Trow, seconded by Mr. Stewart: That no sums be set apart for paying contracts let, until a detailed statement of all contracts and sums'expended be received for the in- formation of the Council. z For the amendment; Trow, | Stewart, Wilker, Clyne, Carroll; Gardner, Hushon, Kastner and Box--9. i For the motion : Stoney, Hay, Harrison, Murray, Roe, Watson, McKee, Pishleigh, Ford, Davidson, Boulton, Mitchell, Kee, Jones, Gooding and Stanley--16. An aecount from Messrs. Vivian & Co., for advertising amounting to: $23 30 was presented and passed. wh The Clerk red a communication from the County. Engineer informing the Council that the planks at the Railway 'crossings, near the little lakes, had been taken up-- that he had called upon the Foreman em- ployed on the track, and requested him to have them replaced--that the Foreman ap- peared to be quite independent and refused to give. any satisfaction. The matter was left:-in the hands of the Engineer. Moved by Mr. Trow, seconded by Mr. Stewart: That the sum of fifty per cent. given to the respective municipalities J | certified the work was done. upon sums supposed to have been expended under By-Law 91, now repealed, be con- sidered in full satisfaction of all claims and demands whatever under such scheme--lost. FORMER GRANTS, - Moved by Mr. Carroll, seconded by Mr. Gardner: That the grant of $800 made to Hibbert at the September session, 1863, be confirmed ; and that the money be'paid when it is certified that the work has been done. Mr. Carroll did not consider such a motion really necessary. He merely put it to test the liberality of certain members. The County Council had,' by previous resolutions regarding this grant, made the Township its agent, and consequently the Township could*eompel the County Council to pay over the amountso soon as the work was completed. He would just state for the benefit of the Board, -- that unless this motion was pasred, he would, be- fore leaving town, take steps to quash all thati had been done. He did not state this by way ofa threat, he thought it fair to tell the Board what might be expected uuless his demands were acceeded to. Mr. Hay said, under ordinary circum- stances he would have voted for the motion ; but he would not do so now. If any gentleman thought to compel this Board to aeceed to his terms by holding threats over their heads, he could only inform him he had missed his mark. This was the course resorted to by Mr. Carroll on all oceasions. Every demand he made was accompanied by a threat of some sort or other should the Council dare refuse to comply. It was be- neath the dignity of the Board to permit such things, or to receive such insults from any one--he, for one, would) not'submit to it. He regretted that it was necessary for him to speak so plainly--He would vote against the motion, Several other members spoke to the same effect. ak 19 On the yeas and nays being taken, the:re sult was as follows: Against. the. motion:-- Stoney, Hay, Clyne, Murray, Roe, Watson, McKee, Fishleigh, Ford, Mitchell, Boulton, Kee, Jones, Stanley, Gooding, Harrison and Davidson--17... vo For the motion:--Trow, Stewart, Wil- ker, Carroll, Gardner, Hushon; Kastner and Box--8. poral Line 'ied The following grants made during the September session of last year were con- firmed: $200 to plank the St Mary's Bridge. $800 to the Township of Ellice-- the Warden to issue an order for the amount when the Reeve and Deputy-Reeve $40 to North Easthope, to be paid at once--the work being completed. Mr. Harrison, On motion of Mr. Birtch's name was added to the list of Grammar School trustees for St. Mary's. Moved by Mr. Hay, seconded by Mr, Boulton : That Messrs. Trow, Carroll and the Warden be a committee to wait upon R. Macfarlane, Esq., and correspond with Hon. Donald McDonald, requesting them to take steps to effect an immediate settlement of our Municipal Loan Fund Debt with the Government, and that until the result is known no action be taken in consoli- dating the debt of the County. Moved in amendment by Mr. Ford, seconded by Mr. Davidson: That as it is desirable to take action in the matter of the consolidation of the County debt, and having' confidence in the integrity and financial ability of the Hon. Donald McDonald: Resolved that he be intrusted with the busi- ness of settling our Municipal Loan Fund Debt with the Government ; and that he be requested to proceed to Quebec on that busi- ness if he judges it necessary; and that Messrs. Hay, Trow and the Warden be a Committee to wait on him for that purpose. Amendment carried by a large majority. Moved by Mr. Hay, seconded by Mr. Fishleigh: 'That a certain resolution passed during the present session, ordering the pay- ment of all costs in connexion with the suit against By-Law 91, as between attorney and client,be cancelled, and that only the costs in said suit as between party and party be paid--carried. -- ame REPORT OF JAIZ COMMITTE. The Jail Committee, Mr. Trow, Chair- man, reported in favor of purchasing a site for a Jail, and advertising for tenders, and recommended a new Jail to be erected. MOTIONS RELATING THERETO. . Mr, Mitchell moved, seconded by. Mr. Fishleigh :. That the Jail Committee at once purchase a Jail Site--accept, Messrs. Kirk & Tully's, offer to prepare plans: and specifi- cations to. be submitted to Jail Committee and the Prison and Jail Board; and that if the plans &c.; be approved of the Committee advertise for tenders for building anew Jail, cost not to exceed $20,000, and report at ext meeting of the Council... Mr. Trow moyed in amendment, seconded by Mr. Box: That-the Committee upon Jail property meet and ascertain where a suitable site can be procured and ,report at next session. . Amendment. carried. On motion of Mr. Kee, Mr, Kastner was added, to the Committee on County pro- perty. seMioa f } oo) FINANCE) REPORT. The Cominittee "on' Finance, Mr. Trow, Chairman, reported as follows: Solicitor's report satisfactory. All the' accounts to be paid. That the loss, &c., sustained by cer- tain' municipalities, [sce Treasurer's state- ment in another column] owing: to the action of the Court in the motion of non-resident

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