Records Clerk of Peace Office Home District of York.

Quarter Sessions Minutes 1810-1867.

These records were copied for me from the originals in the Office of the Clerk of the Peace, .

Volume VIII. contains the minutes for the years 1833-1835.

VOL. VIII.

Toronto. 1910. MRtJTHTG3 0], THE HOME DISTRICT

GEl'lERAL QUARTER SESSIOT:1S OF THE PEACE

CITY 'OF TORONTO

In the year __ _

1 8 33 - 1 -

GENERAL (lUARTER s:;ssIONS OF THE PEACE

~ontinued.

The King ) Assault. The Defendants were vs ) arraigned and pleaded Not Daniel Hyland, Mary Hyland,) Guilty, and being ready for

& Patrick ~cConvill 1 ) their trial the following persons were sworn as a JURY

1. Peter Rupert, 7. James Wilkie, 2. John Feightner, 8. John Atkinson, 3. Adam Rupert, 9. John Smith, 4. Michael Burkholder, 10. William Dalziel, 5. John Snider, 11. John Dexter, 6. Joel Kinnie, 12. Hiram Dexter. Pro. Witnesses Sworn. John Tobin, Verdict; Guilty. Charles Flannagan, Andrew Travis, Sentence; Daniel Hyland and Mary Hyland. finec.l 50s. each and Costs. Patrick McConvill fined 50s. without Costs;- to stand committed till paid.

In the matter of the application for establishing the boundaries of the Township of York Witnesses sworn Mr. Sheriff Jarvis, David Gibson. ORDERED, That the same do stand over till the next Quarter Sessions of the Peace. The King ) Larceny. The Defendant was arraigned vs ) and pleaded Not Guilty, and being'--' Phaesenton,Priest ) , ready for his trial the-following per­ sons were sworn as a JURY

1. John Atkinson, 7. John Kline, 2. John illliams, 8. Hector McLane, 3. Abraham Wright, 9. Peter Dickhaut, 4. George 1.a tchell, 10. David Honro, 5. Neil McDonald, 11. Samuel Archibald, 6. Henry \"!hi te, 12. James Hetherington. Pro. Witnesses Sworn.

Charles Jayne, Verdict; Not Guilty. Archibald McDonald. - 2 -

GmlERAL OUART~R_SESSIONS, Hay 183~_.t_ continued.

The Grand Jury came into Court with the follow­ ing 13ills:- The King ) vs ) Misdemeanor. No Bill. William Keys & Joshua Van Allan)

The King ( vs ( Nuisance. No Bill. Eichael Hanlan (

The King ) vs ) Larceny. True Bill. Benjamin Edmondson)

The King ) vs ) Larceny. True Bill. Joseph Edmonson)

The King ) vs ) Assault. True Bill William Davenport & Mary Anne Davenport)

The King ) Assault. The Defendant was arraigned and vs ) Gerard Alley) pleaded Guilty. Sentence; Five Pounds Fine and Costs; which we~e paid in Court.

The King ) Assault. The Defendants were ar­ vs ) raigned and pleaded Not Guilty, and Christopher Develin) being ready for their trial the & William Dawson, ) following persons were sworn as a

1. John Smith, 7. John Atkinson, 2. William Dalziel, 8. John Williams, 3. Michael Burkholder, 9. Abraham Wright, 4. John Dexter, 10. Peter Rupert, 5. Hiram Dexter, 11. John Feightner, 6. Henry ;Jhite, 12. Adam R11pert. Pro. Witnesses Con. Alexander Macdonald, William Price, James Iracdonald, J. Vl. Brent, James Ruthven.

Verdict; Chrlstopher Develin, Guilty. William Dundas, Not Guilty.

Sentence; Christopher Develin fined 50s. and - 3 - GENERAL QUARTER SESSIONS, May 1833, continued.

Costs and to remain ~n custody till paid. The Fine and Costs were paid in Court.

The King ) Assault. The Defendants were arraign vs ) -ed and pleaded Not Guilty, and being Alexander Macdonald ) ready for their trial the following & James Macdonald, ) persons were sworn as a JURY 1. John Snider, 7. David Monro, 2. Joel Kinnie, 8. John Atkinson, 3. James Wilkie, 9. Samuel Archibald, 4. Hector McLane, 10. Janes Hetherington, 5. Peter Dickhaut, 11. George Mitchell, 6. John Kline, 12. Henry White. Pro. Witnesses Sworn Con. Christopher Develin, J. W. Brent, William Dundas, Joseph Morrison, William Price, John McCarthy, James Ruthven. Verdict; Not Guilty.

The dourt adjourned till 10 O'Clock tomorrow morning. - 4 -

GENERAL_QU/U1TEH __ SESSIONS OP THE __ PEACE

The Court met pursuant to Adjournment. Present D'Arcy Boulton, Jun., Esq., J.P., Chairman, David Stegman, ) Lawrence Heyden, ) Esquires, Justices of the. Robert Gillespie,) Peace.

The King ) Larceny; The Defendant was arraigned vs ) and pleaded Not Guilty, and being ready Anthony Boosby,) for his trial the following persons were sworn as a Jury 1. Henry White, 7. John Feightner, 2. John Atkinson, 8. Adam Rupert, 3. John Kurtz, 9. John Snider, 4. John Williams, 10. Joel Kinnie, 5. Abraham Wright, 11. James Wilkie, 6. Peter Rupert, 12. Peter Dickhaut. Verdict; Guilty. Sentence; Two month's solitary donfinement.

The King ) Assault; The Defendants were arraign vs ) -ed and pleaded Not Guilty and being William Davenport & ) ready for their trial the following Mary Anne Davenport,) persons were sworn as a Jury

1. Henry White, 7. John Feightner, 2. John Atkinson, 8. Adam Rupert, 3. John Kurtz, 9. Jolm Snider, 4. John Williams, 10. J6el Kinnie, 5. Abraham VTright, 11. James Wilkie, 6. Peter Rupert, 12. Peter Dickhaut. Pro. Witnesses Sworn. Margaret McDivitt, George Hickling, George Oliver, Elizabeth Hickling. Verdict;_ Gullty. Senteng_~; William Davenport fined £5. and costs; ~ary Anne Davenport fined 20s. and costs, and the Defendants to remain in Custody till paid. - 5 -

1~ay 10th1_~833, continued.

The King ) Assault; The Defendants vs ) \filliam Evans and Joseph William Evans, Joseph Harrison,) Harrison on a traverse from and George Harrison, ) the last Quarter Sessions, and the Defentlant George Harrison on arraignment, pleading Not Guilty, the following

persons were sworn as a Jury 1. John Kline, 7. William Dalziel, 2. David M:onro, 8. John Dexter, 3. John Atkinson, 9. Hiram Dexter, 4. Samuel Archibald, 10. George bitchell, 5. James Hetherington, 11. Neil McDonald, 6. John Smith, 12. Hector McLane, Pro. Witnesses Con. Joseph Matthewson, Thomas Shepherd, Ann Jane Cosgrove, Richard Williams, Daniel Kay, James Hogg. H. C. Young. Verdict; George Harrison, Guilty; William Evans and Jos~ph Harrison Not Guilty. Sentence; George Harrison fined 50s. and costs and to remain in custody till paid. The Fine and Costs were paid in Court.

The Grand Jury came into Court with the follow- ing Bill:-

The King Larceny; True Bill. Whereupon a Bench vs j Duncan Clark) Warrant was issued.

The Petition of John Anderson for a Tavern License at 11:ilforcl Mills, in the Township of York·, was read and granted.

The King ) Larceny. The Defendant was arraigned vs ) Joseph Edmonson ) and pleaded Guilty. Sentence; Three months' Imprisonment.

The King ) Larceny. The Defendant wss arraigned vs ) Benjamin Edmondson ) and pleaded Guilty. Sentence; Three months' Imprisonment

The Court then adjourned till 9 O'Clock to-morrow morning. - 6 -

GENERi\L PU ARTER SESSIONS OF THE PE,l_9E _

Saturday, 11th Eay, ~833.

The Court met Pursuant to Adjournment. Present D'Arcy Boulton, Jun.,Esq.,J.P.,Chairman, David Stegman, ) Peter Paterson,) Esquires, J.P.

ORDERED, That Messieu.rs Paterson and Stegman be a Committee to examine and report what shall be found neces­ sary to be done for the repair and safety of the Humber Bridge at Cooper's Mills, and to contract for and see the same done in such manner as they may find necessary and expedient.

In the Matter of a Petition for a Road from the Eighth Concession of the Township of Whitby, it was ORDERED, That Mr. John Farquharson, the Surveyor of Highways, having a doubt as to one of the Subscribers to the Petition being a freeholder, the application is allowed to lay over for evidence.

The King ) Riot. The Defendants were vs ) arraigned and pleaded Not Peter Soules & George Soules) Guilty and being ready for their trial the following persons were sworn as a Jury

1. Henry White, 7. John Feightner, 2. John Atkinson, 8. Adam Rupert, 3. John Kurtz, 9. Michael Burkholder, 4. Abraham Wright, 10. Joel Kinnie, 5. George Eitchell, 11. Hector McLane, 6. Peter Rupert, 12. James Vfilkie. Pro. Witnesses Sworn. li/[ary Collins, Michael Collins. Verdict. Not Guilty. - 7 - GENERAL QUARTER SESSIONS OF THE PEACE

May 11th, 1833, continued.

The opinion of Eessieurs Baldwin, Sullivan and Draper respecting the Police Rate Assessment under the Act of the last Provincial Parliament having been read, ORDERED, That the consideration of the question be postponed until Tuesday next, the 14th instant, at 12 O'Clock at the Clerk of the Peace's Office, at which time and place the Counsel are requested to attend.

The Grand Jury came into Court with the follow­ ing Presentment and Bill:- The King ) Presentment for a forcible entry and vs ) Detainer, whereupon a Bench Warrant was James Simpson) issued.

The King ) vs ) Assault. True Bill. Alexander Brocklebank)

The King ) Assault. The Defendant was ar­ vs ) raigned and pleaded Not Guilty, Alexander Brocklebank) and being ready for his trial the following persons were sworn as a Jury

1. Peter Dickhaut, 7. William Dalziel, 2. John Kline, 8. John Dexter, 3. John Atkinson, 9. Hiram Dexter, 4. Samuel Archibald, 10. Henry vVhi te, 5. James Hetherington, 11. David 11/lonro, 6. John Smith, 12. John Villiams. Pro. Witnesses Sworn. John Hite, :Hon'ble. J. Elmsley. Verdict; Guilty. Sentence. Fined 50s. and Costs, and two months Imprisonment.

The King ) Assault; A renewed Bench vs ) Warrant was issued against John McCarty & John Colborne) both Defendants.

ORDERED, That the full rate of one Penny in the Pound on all rateable Property within the District be made

for the ensuing year. - 8 -

GENERAL QUAR'rER SES_§_;LJNS OF THE PEACE

May 11th, 1833, continued.

ORDERED, That the fe~s of Pound Keepers be one shilling per head for impounding Hogs, and nine pence per head for Horses and Cattle.

The King ) Larceny. The Prisoner was brought up on vs ) the Bench Vfarrant issued yesterday, when he Duncan Clark) entered into a Recognizance as follows:- RECOGNIZANCE. CONDITIONED.

Duncan Clark, £20.) To appear at the next Quarter David Monro, £10.) Sessions of the Peace then to James Ledgwood, £10.) take his trial and in the mean time to keep the Peace.

ORbERED, That William Higgins be re-appointed High Constable for the ensuing year, and that the following persons be appointed for the same period.

TOWN OF YORK Edward Vlright, John Bright, Joshua Van Allan, Calvin Dav-is, Paul Bishop, Thomas Hollingshead, Henry Moseley, James Jobbitt, Judah M. Lawrence, James 1Hilson, James Taylor, Franklin Jakes,. James Trotter, John Baker, Innkeeper, Hugh McGuire, Jacob Hutchison, Ishmael Iredale, Edward Smith, James Kelly, James Fennel, TOWNSHIP OF YORK George Kendrick, William Kendrick, John l.-IcBride, George McBride, Edward Turley.

( H. R. Wm. Donaldson, \"lhi tby' ( John McGregor, Junior, ( Thomas N. Scripture. ( Charles Hadley, Pickering, ( William Hartrick, ( John Hartrick, Jun., Scarborough, (William Phennell, ( Jonathan Gates. ( John W. Crosby, Markham, ( James Devine, ( William Ketchum. - 9 -

GENERAL t:LUARTER SESSIOm3 OF THE PEACE

I1.~ay 11th, 1833 L-continued. _

( David Bridgeford, Vaughan, ( Ebenezer White, ( Thomas McAdams. ~i/hi tchurch, ( William Garbut, ( John I/fair. ( Thomas Davis, King, ( John Cosford, ( Daniel Kennedy, ( Joshua Stevens. North Gwillimbury, David Sprague, East Gwillimbury, · James Evans,

7lest Gwillimbury, ( William Reed, ( Simon Armstrong, ( John Daly. Georgina, John Corner. ( Kenneth Cameron, Thorah, ( Archibald McBane. ( John Giles, Etobicoke, ( John Wilson, (William Tiers. Albion, Albert Finch, Caledon, Constantine Murphy. Robert Trimble, Alexander Davidson, Chinguacousy, George Anderson, James Brown. Uxbridge, ( John P. Plank, ( John Casler. Reach, George Moore, Reuben Crandal •. Brock, Henry Edward. ( Daniel 1\1arigold, ( Charles Cameron, ( Pat'ricl{ Heron, Toronto, ( S. Goodwill, ( Nathaniel Cooper, ( Liichael Crawford. Tecumseth, ( Alexander Reed, ( Thomas Hurst,

Ad jala and l.~ono, ( John Cohean. Penetanguishene, ( Robert Jeff, ( Lewis Cummings. - 10 -

GENERAL QU~:\.Rrr;:~H ~~~_:;_s I 01~S OP THE PEACE

May llth,_1833, continued.

AND ORDERED, That every Innkeeper throughout the District whose name may not be mentioned in the above list be also appointed a Constable in addition to the Constables above named.

The accounts of Llr. John Farquharson, Deputy and Road Surveyor, up to the present time_ and amounting together to the sum of Thirteen Pounds, were a:udited and ordered to be paid by the Treasurer out of the District Funds.

In pursuance of the Act of the Provincial Parlia­ ment passed during the last Session entitled 11 An Act to repeal part of, amend, and reduce to one Act of Parliament

the several laws now in force in this Provlnce for tbe recovery of small debts, and to extend the Jurisdiction of the Court of Requests within the samen requiring the Justices at the present General Quarter Sessions to ascer­

tain and declare the several divisions in each District for which the Courts of Request shall be held, it was ORDERED, ASCERTAINED, and DECLARED That the Div.i.sions of the Home District for the

purpose of holding the several Courts of Request within the same shall be as follows, 1st Division,- Whitby and Reach.

2nd II Pickering a~d Uxbridge. 3rd r, York and Scarborough, Town and Township. 4th n Chinguacousy and Caledon. 5th rt Albion and the Upper Gore of Toronto.

6th " Toronto, Etobicoke, and Lower Gore of Toronto 7th JI Vaughan.

8th It Markham. 9th It Whitchurch, East Gwillimbury, King. - 11 -

GENERAL QUARTER SESSID:·JS OF THE PEACE

~ay 11th, 183~J continued.

10th Divlsion,- West Gwillimbury, Innisfil, Tecumseth. 11th n North Gwlllimbury, Scott, Georgina, and Brock. 12th I! Amar•an th, Mono, Adj ala and Luther.

13th fl Proton, l.;elancthon, lv'tulmur, Tossorontio, and Essa .. 14th tr Flos, Vespra, Merlin, Sunnidale, and Java.

15th 11 Tiny, Tay, and Penetanguishene.

16th fl Oro, Orillia, Medonte, and Matchedash. 17th, " Thorqh, Mara, and Rama.

ORDERED, That such Constables ~s the Sheriff shall require out of the number appointed, and who shall regularly attend the Courts of Assize and Oyer and Terminer, General Quarter Sessions of the Peace and the District Court, upo~ such requisition so that they do not exceed Six for the Assizes and Six for the Quarter Sessions and

District Court, shall be paid the sum of Five shillings currency per day for their attendance upon producing the Sheriff's Certificate of their strict performance of duty to the Treasurer, who shall thereupon pay the amount due

to the Constables to the Sheriff to be by him distributed amongst them according to their respective claims, and this Order is intended to apply to the attendance of Con­ stables during the last .Assizes and the present Quarter Sessions.

The Grand Jury came into Court and approved of the expenditure of the sum of One hundred and thirty nine pounds eight shillings and seven pence halfpenny, currency, for the support of Insane Destitute Persons during the past year. And The Grand Jury authorized the sum of Sixty Pounds to be appropriated for the same purpose for the ensuing year. - 12 - GENERAL QUARTER SESSIONS OF THE PEACE Lay 11th, 1833, continued.

The Grand Jury recommended the sum of Twelve pounds ten shillings, currency, per quarter, to be allowed for the salary of a Turnkey to the Gaol for the two last quarters and in future. And That the Gaoler's Salary,in consequence of the increased trouble and anxiety attached to that office and the responsibility of the same, should be aug!:Qentec1 to the sum of One hundred and fifty pounds per annum.

The Grand Jury also recommended that the Gaol be immediately whitewashed.

The Report of h:.r. Samuel Cochrane, Surveyor of Highways, was read, setting forth that part of the Brldge over the River called Lynde's Creek had given way and was

in a dangerous state, and recommending the sum of £50. for the erection of a new one.

ORDERED, That this subject be taken into com1id­ eration at the next General Quarter Sessions.

ORDERED? That tlIB following persons be appointed Surveyors of Highways for the ensuing year.

COUNTIES OF YORK AND SII

COUNTY OF SD~OE. Samuel Richardson, David Edgar, Thomas UcConkey, Horace Keating.

Arad Smalley, Esquire, Surveyor of Highways,

presented his Report of a Road laid out by him, Corr~encing in the rear of the Second Concession of' East Gwillimburv w?i?h w'!-s submitte~ to the Court and there being no opp~­ s~t1on 1t was confirmed and ordered to be opened accordingly @.ee Report entered in Road Report Book No.l, p.2§1 The Court then adjourned to Tuesday next at 12 O'Clock at the Clerk of the Peace's Office. - 13 -

ADJOURNED GENERAL QUARTER SESSIONS Tuesday, 14th May, 1833.

The Court met pursuant to Adjournment. Present Robert Stanton, Esq., J.P. James F. Smith, Esq., J.P.

In consequence of the illness of the Chairman, The Court adjourned till 12 O'Clock to-morrow at the Clerk of the Peace's Office.

WEDNESDAY, 15th MAY, 1833.

The Court met pursuant to Adjournment. Present Grant Powell, ) Esquires, David Stegman,) J. p.

In consequence of the continued indisposition of the Chairman the Court Adjourned till Saturday next at 12 O'Clock, at the Clerk of the Peace's Office. - 14 -

ADJOURNED GENERAL QUARTER SESSIONS Saturday, 18th May, 1833.

The Court met pursuant to Adjournment. Present D'Arcy Boulton, Jun.,Esq.,J.P., Chairman, James F. Smith, ) Robert Stanton, ) Peter Paterson, ) Esquires, Justices of the John Scott, ) George Denison, ) Peace. Robert Gillespie,)

The opinion of Messieurs Baldwin, Sullivan and Draper,respecting the Police Assessment under the Act of the last Session of the Provincial Parliament, being read and it appearing from the Minutes of the Quarter Sessions of the Peace that no General or Adjourned Sessions were held during the month of April last,in which by the said

Act the said Assessment is required to be made, it -was determined that no such Assessment could now be made legally and the same was not made accordingly.

ORDERED, That Robert Gillespie and James J. Smith, Esquires, be added to the Building Committee of the New ~arket Haus~.

The recommen.clation of the Grand Jury at the last General Quarter Sessions,respecting an increase of salary to the Turnkey of the Gaol,having been taken into cons.idera­ tion,

ORDERED, That an allowance of Twenty five pounds currency per annum be made to the Gaoler for the purpose of paying a Turnkey,such allowance to commence from the first day of January last and to be paid quarterly. - 15 -

,-iDJOURNED GENERAL C;UARTER ~msSIONS

Saturday, 18th May, 1833, continued.

ORDERED, That Leases be prepared by the Clerk of the Peace, pursuant to the terms agreed upon, with the Tenants of the Stalls in the Market House and tendered for execution by them and if refused proceedings to be taken forthwith to eject them.

The Petition of the Butchers in the Niarket House was submitted to the Court, and it was ORDERED, That the Building Committee of the Market House be authorized to have Loop-holes made to the several Stalls therein so as to admit of a free circulation of air. Also that the flagging of the Cellars be left to the discretion of the Committee if it shall be found neces­ sary, but the Platform and Swinging Stall Board mentioned in the Petition is considered unnecessary.

ORDERED, That the balance of Six Pounds currency, due to Dr. King for his services as H~alth Officer during

the prevalence of the Choler~, be paid by the Treasurer out of the District funds.

ORDERED, That Peter Paterson, David Stegman, and Alexander Wood, Esquires, be a Committee for auditing the accounts remaining to be audited, and that the same when audited be pald by the Treasurer.

ORDERED, That the 'dhi t ew ashing of the Gaol be forthwith done by contract, under the direction of the Sheriff.

ORDERED, That an addition of Five pounds currency per annum be made to the Salary of Henry Sprote for keepine - 16 -

ADJOURNED GENERAL QUARTER SESSIONS 18th May, 1833, continued. the rooms of the Hook and Ladder Co~pany clean and com­ fortable.

ORDERED, That the Statute labour on the South

side of Lot Street, between Yonge Street and Peter Street, be expended in repairing that portion of Lot Street which lies between Yonge Street and Sandford's Corner.

The account of Jacob Hutchinson, amounting to Twelve pounds seven shillings and four pence, currency, was audited and ordered to be paid by the Treasurer out of the District funds.

ORDERED, That Robert Blevins be appointed StrAet Surveyor of' the Town of York for the ensuing year.

ORDERED, That the consideration of the resigna­ tion of t:r. Coulson, as- Inspector of Weights and Measures, be postponed till the monthly meeting on the first Monday in June next.

The Petition of John Kerr for a Tavern License was laid before the Court and granted.

The Court then Adjourned till Monday the 3rd of June next at 11 O'Clock, at the Clerk of the Peace's Office. - 17 -

ADJOURNED GENE~_L\J::__ QUARTER SESG IONS Uonday, 3rd June, 1833.

The Court met pursuant to Adjournment. Present D'Arcy Boulton, Jun., Esq., J.P., Chairman, James F. Smith, Esq., J.P.,

The Court adjourned till 10 O'Clock to-morrow morning at the Clerk of the Peace's Office.

TUESDAY, 4th June, 1833.

Present D'Arcy Boulton, Jun.,Esq., J.P., Chairman.

James F. Smith,) Grant Powell, ) Esquires, J.P.

The Court met and Adjourned till 10 O'Clock Friday morning. - 18 -

ADJOURNED GERERAL OUARTER SESSIONS Friday, 7th June, 1833.

The Court, met pursuant to Adjournment. Present D'Arcy.Boulton, Jun., Esq., J.P., Chairman, David Stegman, ) George :Monro, ) Esquires, J.P. Alexander Wood,)

ORDERED, That a sum not exceeding Ten pounds currency be allowed to the Treasurer for the purpose of procuring a Press for holding the documents of the Offlce.

ORDERED, That Mr. Coulson's resignation of the

Office of Inspector of Weights and Measures be not accepted.

The Petition of William Devenish and others praying a portion of the Absentee Road Assessment money in the Township of Scarborough to be appropriated to the repair of the Road from the Four Mile Tree, between lots Nos. 34 and 35 in Concessions 1, 2, 3, 4, and 5, and C. and D. in the said Township towards Markham, was laid before the Court ancl ORDERED, That a sum of Ten pounds currency of the Absentee Road Assessment money for the said Tovrnship, now in the hands of the Treasurer, be appropriated for that purpose, and that the Treasurer do pay the same to the Road Master who Superintends the Statute labour on the said Road, to be laid out under his direction.

Adjourned subject to the call of the Chairman. - 19 -

ADJOURNED GENERAL OUABJER SESSIONS Monday, 1st July, 1833.

The Court met pursuant to Adjournment. Present D'Arcy Boulton, Junior, Esq., J.P., Chairman, Robert Gillespie, ) George Monro, ) Esquires, J.P. George T. Denison,) Peter Paterson, )

The account of William Musson,for the repairs pf the Fire Engines and otherwise connected therewith, amounting to the sum of £20.10.9, and also his account for Tin Plate work, amounting to the sum of £3.11.8, were laid before the Court, audited and ordered to be paid by the Treasurer.

ORDERED, That Messieurs Monro, Paterson and Gillespie be a Comnittee to make the necessary arrangements and contract for the erection of a. Weig;i Bridge for the use of the New Market at such place as the Committee may think fit.

Adjourned till 10 O'Clock to-morrow mornlne;. - 20 -

,-'. ;-: : .. \AL qUARTER SESSIONS OP THE PEACE, H01t1E DISTRICT York, Tuesday, 2nd July, 1833.

Present James FitzGibbon, Esquire, J.P.,Chairman (pro tern.) David Stegman, Esquire, J.P.

The Commission was read. The Precept was returned by the Sheriff.

The Grand Jury was called and sworn as follows, viz:- 1. George Gurnett, Foreman, 2. Alexander McDonell, 9. William C. Ross, 3. Robert Cathcart, 10. William Crawford, 4. John Craig, 11. John Clerris, 5. William Ware, 12. Lambert F. Brooke, 6. Thomas Milburn, 13. James McGuire, 7. Richard Watson, 14. William Osborne, 8. Alexander E.McDonald, 15. John Fenton.

The charge v.ras given to the Grand Jury.

The notice of John Caldwell for the North half of Lot Number One in the Fifth Concessi'on of' the Township of Albion was proclaimed by the Crier, pursuant to the Statute IV Geo.IV, chap.7.

The Grand Jury came into Court with the following Bill. Rex ) vs ) Larceny, True Bill. Mathias Flannagan)

Tho ·King ) Assault and Battery. The Prosecutor, vs ) Christopher Lindsay, was called upon William Campbell ) his Recognizance and did not appear, whereupon his Recognizance was ordered to be estreated and the Defendant was Discharg~d by Proclamation.

The Grand Jury came into Court with the follow- ing Bill. - 21 -

GENERAL OUAR1'Ell_.,SESSIONS OF THE PEACE 2nd July, 1833, continued.

The King ) vs ) Assault and Battery. True Bill. John Hart )

The King ) Larceny. The Prisoner was arraigned vs ) and pleaded not Guilty, and being ready Mathias Flannagan) for his trial the following persons were sworn as a Jury 1. Thoma.s Summers, 7. Philip n·empsey, 2. Reuben Parkinson, 8. John Nicholson, 3. James Hunter, 9. Richard Crozier, 4. John Garrey, 10. William Buchanan, 5. David Lackie, 11. Richard Brewer, 6. James Stinson, 12. Joseph Sharp. Pro. Witnesses Sworn. John Laing, John Bingham, Verdict; Guilty. Sentence; Solitary confinement for one month.

The Grand Jury came into Court with the follow- lng Bill; The King ) vs ) Larceny. True Bill. Jessy Kelly)

The King ) Larceny. The Prisoner was arraigned and vs ) pleaded Not Guilty and being ready for her Jessy Kelly ) trial the following persons were sworn as a Jur;y

1. William Buchanan, 7. James Johnstone, 2. Richard Cosway, 8. William Coleman, 3. Thomas Riddle, 9. George Stead, 4. John Tyner, 10. Robert Horsley, ton, · 5. George Wal 11. Arthur Clifton, 6. Richard Watson, 12. Charles Dunn. Pro. Witnesses Sworn, Con. Clarissa Ross, James Johnstone. 1'/Iargaret Gordon.

Verdict; Not Guilty •.

Adjourned to 10 O'Clock to-morrow morning. - 22 -

GENERAL OUARTER SESSI Ol·JS OF THE PEACE Wednesday, 3rd Juli, 1833.

The Court met pursuant to Adjournment. Pre.sent James FitzGibbon, Esq.,J.P.,Chairman, (pro tempore) Peter Paterson, ) Edward W. Thompson,) Esquires, Js. P.

The King ) Assault and Battery. Settled with the vs ) William Evans) consent of the Court.

The King ) Assault and Battery. The Defendant was ar­ vs ) raigned and pleaded Not Guilty and being ready John Hart ) for his trial the following persons were sworn as a Jury 1. Thomas Summers, 7. James Stinson, 2. Reuben Parkinson, 8. Philip Denpsey, 3. Jamei Hunter, 9. John Nicholson, 4. John Garvey, 10. Richard Crozier, 5. David Lackie, 11. Joseph Sharp, 6. Edward Robson, 12. William Buchanan. Pro. Witnesses Sworn. Patrick Massett, Verdict; Guilty. Fanny Massett, Sarah Sharp. Sentence; Fined £2.10. and costs and one month's imprisonment, and to remain in Custody till Fine and Costs are paid.

The King ) Assault and Battery. The Prosecutor, vs ) George Norriss was called but not appear­ William Heather,) ing the defendant was discharged by . Proclamation. The Prosecutor was not bound over by Recognizance to appear.

The King ) Assault and Battery. The Prosecutor Peter vs . ) J?ox, or the Town of York, Labourer, w~s James Lindsay) called upon his Recognizance and did not · appear, ',vhereupon his Recognizance was ordered to be estreated, and the Defendant was discharged by Proclamation.

The King vs ) Assault and Battery. The Prosecu- William A. Smith ) tor, Thomas Irwin, of the.Town of ( York, Labourer, was called and did not appear, whereupon the Defendant was discharged by Procla~ation. - 23 -

GE:1ER.AL_OUARTEH SESSIONS_ OF:._ __ ~THE PEACE 3rd July, 1833, continued.

The King ) Assault and Battery. The P~osecu~or!. vs ) William Evans of the Township of ~toui- :i ' 1 t Joseph Talbot & ) coke, tUller, ' was called and aia no Arthur Beeston, ) appear, whereupon the D~fendants were discharged by Proclamation.

The Grand Jury came into Court with the follow- ing Bills. The King ) vs ) Assault and Battery. Hugh McGuire & James McGuire) True Bill.

The 1':ing ) Assa.ult and Battery. True Bill, whereupon a VS- ) Bench Warrant ~as issued against James McGuire. Same )

In the matter of a Road Report of Mr. David Gibson, Surveyor of Highways, upon the application of John Betteridge and others for a Highway in the Township of Etobicoke, Mr. Gibson was sworn to prove the usual notices, whereupon

~r. Baldwin, Counsel for the applicants, moved to confirm the Report, which was refused,a sufficient copy of the Report not having been put up conformably to the requisition of the Statute in that behalf.

The Grand Jury came into Court with the follow- ing Bill. The King ) ) vs Assault and Battery. True Bill. Mary Cotter)

The Grand Jury requested the Court to issue Subpoenas immediately to compel the attendance of Robert Mccollum, 'Jabkeeshago, an Indian, and Philip Phillips, to give evidence before them upon the conplaint of John Hall and Hannah Smith, which were ordered to be, and were, issued accordingly. - 24 -

1 GENERAL QUARTER SESSIONS OF Tl1~J-;":1 pr.·~ACE 3rd July, 1833, continued.

) Assault and Battery. The The King ? Defendants were arraigned ~nd . R- James 'l\ilfcGui·re pleaded Not Guilty' and being Hughvs LicGu1re ---- i-.1. " • 1 th ready for their tr1a e following persons were sworn as a Jury

1. Robert Brewe1~, 7. George Stead, 2. John Fullarton, 8. George 1Nalton, 3. Robert Cosway, 9. James Meyers, 4. John Tyner, 10. Robert Horsley, 5. Richard 1/latson, 11. Arthur Clifton, 6. William Coleman, 12. Charles Roddy. Pro. Witnesses Sworn Con. L1orris Malone, Edward Coppin, William UcKinnery, Joseph Crawford, Christopher Mitchell, Calvin Davis. Robert Langstaff, John Campbell. Verdict; Guilty.

Sentence; Fined ls. each and Costs, which were paid to. the Sheriff in Court.

The Grand Jury came into Court with t~e follow­ ing Bills. The King vs ) Christopher Lindsay, Thomas Irwin, ) Assa.ult and Battery. Patrick Henderson, James Henderson,) and Samuel Henderson, ) True Bill. vs ) Daniel Murray & Richard Irwin) No Bill.

The King ) vs ) Assault and Battery. John Kitson) No Bill.

The Grand Jury also made the following Present­ ment "That a certain building situated on the 1-iiarke t Reserve ''between the South front of the Market Building and York "Bay in the Town·of York and now or lately owned by a person "named Allan, one of the Contractors for erecting the Earket, "and now or lately occupied by one Henderson is a common "nuisance in which building liquors are retailed wlthout "license and in which very disor•derly proceedings often occur. - 25 -

July 3rd, 1833 1 continued.

"The Grand Jury, therefore, respectfully represent to the

11 · ·t• a,·1thority for the cour·t the propriety of interposing 1 s l., "removal of the said nuisance r,, whereupon the Court ORDERED, That the High Constable do take immediate

steps for pulling down the building and for that purpose he do give notice to the occupants of the House to quit

the same within a weel{ and that if they do not remove with­ in that period the High Constable do proceed to pull down

the said building.

On th~ application of George Ridout, Esquire, and

other Members of the Bar, it was ORDERED, That the Gentlemen of the Bar be at liberty to make a communication between the passage on

first floor and the Barrister 1 s Room in the second storey of the District Court House, taking the necessary space for the stairs from the Room occupied as the Office of the Clerk of the Peace, and that the saT1e be executed under the superintendance of the Committee of the Bar and the Chair­ man of the Quarter Sessions, the expen,se of such communi­ cation to be borne by the Gentlemen of the Bar.

Upon the application of James E. Small, Esquire, and others, lt was

ORDERED, That the Inhabitants of the Town and Township of York owning property on both sides of Lot strset East be permitted, and they are hereby directed, to perforo thelr Statute Lgbour for the past and present years on Lot Street East of the Honourable Willian Allan's gate.

Adjourned till 10 O'Clock to-morrow morning. - 26 -

GENERAL QUARTER SESSIONS OP THE PEACE ,-/ Thursday, 4th July, 1833.

The Court met pursuant to Adjournment. Present James FitzGibbon, Esquire,J.P., Chairman (pro temp.)

William Thomson, ) Robert Gillespie,) Esquires, Js. P.

The King ) Riot and Assault. The vs ) Defendants were arraigned Christopher Lindsay, Patrick ) and pleaded Not Guilty and Henderson & Samuel Henderson,) being ready for their trial the following persons were sworn as a Jury 1. Simeon Nobles, 7. Richard Crozier, 2. Thomas Summers, 8. Joseph Sharp, 3. John Garvey, 9. William Buchanan, 4. Edward Robson, 10. Richard Brewer, 5. James Stinson, 11. John Fullarton, 6. Philip Dempsey, 12. Robert Cosway. Pro. Witnesses Sworn. Con. William Campbell, Daniel Kilpatrick, Jane Earles, John Butler, William,E. Smith, William McCarty, Thomas Duncan, John James, John Patrick. Verdict; Christopher Lindsay and Samuel Henderson guilty of an Assault and Battery only. Patrick Henderson, Not Guilty.

Sentence; Fined £5. each and half the costs each. Christopher Lindsay to be imprisoned one month and both Defendants to remain in custody till the Fine and Costs are paic1.

The King ) Assault and Battery. Settled with the vs ) Charles LlcNichol ) consent of the Court.

The King ) Assault and ~attery. The Prosecutor, vs ) Leonard HastLngs, of the Township of York John Earnest ) Yeoman, was called and did not a pp ear,• ' whereupon the Defendant was discharged bv Proclamation. ., - 27 -

GENERAL OU.ARTER SESS Hrns OF' THE PEACE y 4th July, 1833, continued.

The King ) Assault and Battery. The Defendant wa~ vs ) arraigned and pleaded Not Guilty and being Mary Cotter) ready for her trial the following persons were sworn as a

Jury

1. Thomas Riddle, 7. George Walton, 2. Jolm Tyner, 8. James Meyers, 3. Richard Watson, 9. Robert Horsley, 4. James Johnston, 10. Arthur Clifton, 5. William Coleman, 11. John Powers, 6. George Stead, 12. Charles Roddy. Pro. Witnesses Sworn. Catharine Hart, Verdict; Guilty. Terrance O'Neill, William Blake. Sentence; Fined £2.10. and Costs and to remain in Custody till paid not exceeding one month.

The King ) Forcible entry and Detainer. The Defendant vs ) was arraigned and pleaded Not Guilty, and James Simpson) upon traversing entered into the following RECOGNIZANCE. CONDITIONED.

James Simpson, £20.) To appear at the next Quarter Archibald Glendinning, 10.) Sessions of the Peace and take Peter Little, 10.) his trial upon this traverse and in the mean time to keep the Peace towards all His Majesty's liege subjects and especially towards Charles Hadley.

The King ) Assault and Battery. The vs ) Defendants were arraigned Hugh 1,:cGuire & James McGuire) and pleaded Not Guilty and being ready for their trial the following person~ were sworn as a

Jurl

1. Thomas Summers, 7. John Nicholson 2. Reuben Parkinson, 8. Richard. Crozier . ' 3. Thomas Riddle, 9. Joseph Sharp ' 4. John Tyner, 10. Richard Brew~r 5. David Lackie, 11. William Buch~n;n 6. Edward Robson, 12. James Johnston. , Pro. ~itnesses Sworn, Con. Ann Burns, Calvin Davis John Campbell, ' William McKinnery. Verdict...L. Hugh McGuire Guilty James McGuire, Not builty. • Sentence; Hugh McGuire fined £5. and Costs and to remain in Custody till paid. The fine was paid to - 28 -

GEN3RAL OUARTETI SESSIONS OF THE PEACE

July 4th, l~~'.2..~-L continued. the Sheriff in Court.

The Grand Jury came into Court with the following Bill:- The King ') vs ) Assault and Battery. True Bill. Joseph St. Germain)

Adjourned till 10 O'Clock to-morrow morning. - 29 -

1 GENERAL (l[AHTER SESSIONS 0._~F rrff''.7· .u.~• ___PEACE _ Friday, 5th July, 1833.

The Court met pursuant to Adjournment. Present James FitzGibbon,Esquire,Chairman, (pro tempore), William Thompson, ) Peter Paterson, ) Esquires, Js. P. David Stegman, )

The Reverend Peter McNaughton, a native of Scot­ land, appeared in open Court and was recognized by the Justices as a Minister of the Established Church of Scot­ land, whereupon he took the oath of allegiance to His Llajesty and his Certificate under the Uarriage Act was duly signed.

The King ) Assault and Battery. The vs ) Prosecutor, Cornelius Keenan James Lindsay, James Robinson,) of the Town of York, Labour- and William Gladish, ) er, was called and did not appear, whereupon th~) De­ fend an ts were discharged by Proclamation.

The King ) Assault and Battery. The Defendant vs ) Not Guilty St. Germain ) was arraigned and pleaded Joseph and being ready for his trial the following persons were sworn as a

1. William Coleman, 2. George Stead, 7. John Powers, 3. George Walton, 8. Simeon Nobles, 4. James Meyers, 9. Thomas Thompson, 5. Robert Horsley, 10. Thomas Summers, 6. Arthur Clifton, 11. James Hunter, 12. John Garvey. Peter Jacobs was sworn as an Interpreter for James Bigwind, the Prosecutor, a Chippewa Indian , and Mr. Eugene McDonald as Interpreter for the Defendant a French Canadian. ' Pro. Witnesses sworn. Con. James Bigwind, John Asquab, Neil tia the son Jacob Charles , Big Shilling, ' Tom Shilling, Joseph Shilling. - 30 -

GENERAL OUARTER $ESSIONS OP THE P.EACE

Sth July, 1833, continued.

Verdict; Guilty. Sentence; One month's imprisonment and to pay the costs and to remain in custody till paid.

The Grand Jury came into Court with the following Bills:-

The King ) Nuisance. True Bill, whereupon a vs ) Richard Brown ) Bench Warrant was issued.

The King ) Assault and Battery. True Bill, whereupon vs ) James Jones ) a Bench Warrant was issued.

The King ) vs ) Assault and Battery. No Bill. James Watson )

) The King Larceny. The Defendant was called upon his vs ) entered at the last Quarter ) Recognizance Duncan Clark Sessions of the Peace and was not forthcom­ ing, whereupon his Recognizance was ordered to be estreated.

David Monro and James Ledgwood, Yeoman, the Bail of the said Duncan Clark given at the last Quarter Sessions of the Peace were severally called to produce the body of the said Duncan Clark and their Recognizances were ordered to be estreated.

The King ) Assault and Battery. The Prosecutor vs ) hiichael Conolly, of the Township of ' David Bridgeford) Vaughan, Yeoman, was called uuon his . Recognizance and did not appe;r, where- upon lt v,as ordered to be es treated, and the Defendant was discharged by Proclamation.

The Gra~ Jury came into Court with fue follow- ing Bills. The King ) vs ) Assault and Battery. ldchael Conolly ) True Bill. - 31 -

GENERAL QUAWfER SESSIONS OP THE PEACE July 5th, 1833, continued.

The King ) T B1· 11 vs ) Assault and Battery. rue • William Grumes)

The King ) ·11 vs ) Assault and Battery. True Bi • J olm Conolly)

The King ) Assault and Battery. The Prosecutrix, Mary vs ) Mul vine, of the Gore of Toronto, wife of James Fleke ) William Mulvine of the same place, Yeoman, was called and did not appear, whereupon the Defendant was discharged by Proclamation.

The King ) Assault and Battery. The Defendant was vs ) called upon his Recognizance and was not Michael Conolly ) forthcoming, whereupon his Recognizance was ordered to be estreated. Dennis McCarty of the Township of ~arkham, Yeoman, and John Conolly of the Township of Vaughan, Yeoman, the

Bail of the said L:ichael Conolly were called to produce the body of the said Michael Conolly and their Recognizances were ordered to be estreated.

The King ) Assault and Battery. The Defendant was VS ) called upon his Recognizance, and did not John Conolly) appear, whereupon it was ordered to be estreated.

Denis l 1IcCarty of the Township of 1'.farkham, Yeoman, and William McGill of the Township of Vaughan, Yeoman, the Bail of the said John Conolly, were severally called upon to produce the body of the said John Conolly and their Recognizances were ordered to be estreated.

The King ) vs ) Assault and Battery. The Defendant was Vlilliam Grumes ) called upon his Recognizance and did not appear, whereupon it was ordered to be estreatocl.

Denis McCarty of the Township of Markham, Yeoman, and William McGill of the T_ownship of v h aug an, Yeoman, the Bail of the said William Grumes, were severally called upon to produce the· body of the said William Grumes ' and their Recognizances were ordered to be estreated, - 32 -

GENERA.L c__ iUARTER. SESSIONS OF __ THE PEACE July 5th, 1833, continued.

A communication. havin(j. been received from Arthur Gifford, Esquire, respecting the present state of the Cholera burying ground, the same was read and it was ORDERED, That a sum not exceeding Ten pounds be of paid by the Treasurer to the Chairman for the purpose putting the same in a proper state, ·and the vro1-ak to be' done under his superintendence and direction.

The Grand Jury came into Court with the follow­ ing presentment, which was read;-

!tHome District July ) The Grand Jury of the present ) Quarter Sessions, 1833.) Session beg leave to inform the Court that in pursuance of their duty they have visited and examined the Common Gaol of the District,and that so far as relates to the government and management of the Prison is by the Sheriff, the Gaoler and the Turnkey, the place in as good order, and as well conducted as the condition and circumstances of the Prison admit.

"There are some circumstances, however, which are beyond the control of those offices, to which tlie Jurors, aforesaid, feel themselves called upon to solicit the atten­ tion of the Court.

"The Grand Jury would represent to your Worships, upon the concurrent testimony of the Gaoler and the Prison- ers, sanctioned by their own observation, that the quantity of bedding is altogether inadequate to the necessity of the number of persons confined in the Gaol, and that at this time the number of Blankets is insufficient to afford the necessary covering to the Prisoners, and therefore of course too small to allow th em any change of clean covering. The Jurors aforesaid, therefore, respectfullv ,J request the - 33 -

r~ ,~,:::~IU1..L J2.UARTEH SESSIONS OP TILE PEACE ·-· -~~---:- ___ .______,.._..--·• July 5th, 1833, continued.

Court will order an additional supp 1 Y Of Blankets and Bed­ ticking, together with· th. e neces sary aJ.uantity of clean straw to afford warm, cleanly and wholesome bedding to the said Prisoners.

11 The next, and in their opinion the most important,

subjec~ to which the Jurors aforesaid would earnestiy soli­ cit the attention of your Worships is the necessity of havinB a Wall e~ected round the Gaol Yard: they have ascertained the present Picket fence to be altogether in­ secure, some of the pickets being rotten and decayed at the base and liable to be thrown down by the slightest force. In consequence of this state of the fence the Gaoler cannot, consistent with the security of the Prison­ ers and his own safety, permit the Prisoners incarcerated in the Gaol to have any access to the Gaol Yard, a circum­ stance which cannot but be extrer1ely pre judicial to the health of the Prisoners, and which has evidently much im­ paired the health of all the persons who have been long

confined in this Gaol. The Jurors aforesaid, therefore, strongly recommend the immediate erection of such a Wall round the Gaol Yard as shall at once afford safe custody, and wholesome air and exercise to Prisoners confined in the Gaol.

to t11A G "It is represented - rand Jury that there are four lunatics now confined in the Gaol, and that the, only money in hand for their support during the current year is but Thirteen pounds or there.abouts,· half a sum which is quite inadequate for the support oft~ said lunatics during that period, a · circumstance which the Jurors recommend to the consideration of the Court. uThe Jurors aforesaid w ld 1 ou - a so mention incidently GENERAL Q,UARTER SESSimrn OP THE PEACE July 5th, 1833, continued*

that some of the Prisoners complained of the difficulty of obtaining medical assistance in case of sickness: the Jurors are not prepared to state that the complaint is a just one, but as several of the Prisoners made this com­ plaint to the Grand Jury, and as those Prisoners have necessarily few opportunities of conveying their complaints

to your Worships, the Jurors think it their duty to state

.the circumstances to the Court in the confidence that your Worships will bestow on it whatever consideration it may appear to deserve.

"The Grand Jury would further represent the great danger and inconvenience arising from the furious manner in which Carters drive on the Wharves and in the Streets. nThe Grand Jury also beg to call the attention of the proper authorlties to the many obstructions· that exist

on the streets and foot paths of the Town by building ma­ terials and earth thrown out of cellars which chok~ up the public streets and footpaths to the great danger of persons _travelling in carriages and passing on foot in the eveni~gs • ."And they would solicit the interference of the

Court for the removal of proJ·ecti·ng_. signs· agreea b-ly to the request of a former Grand Jury.

(Signed) Geo: Gurnett

Grand Jury Room 5th July 1833. Foreman. 11

ORDEREDL That the Clerk o_f the .Peace b e authorized to charge in his accounts against th 9 Dist~ict the costs of preparing all Id. t n-ic nents and incidental th - t . · c ere o 111 which Prosecutors or Defendants shall maYe :.. clefaul t in ap- ?earing before the Grand Jur~ or at . ~st? apply as well to the p~ese t ~he trial and this Order ~ess1ons. n ao to all future Quarter Adjourned to 10 O'Clock t a-morrow morning. - 35 -

GENERAL OUAR'rER SESSIONS OF THE PEACE Saturday, §th July, 1833.

The Court met pursuant to Adjournment. Present

James FitzGibbon, Esquire, Chairman, (pro tempore Peter P~terson, Esquire, J.P.

The King ) Nuisance. The Defendant pleaded Not vs ) Guilty upon being arraigned and being read: Richard Brown ) for his trial the following persons were svrnrn as a Jury

1. David Lackie, 7. William Buchanan, 2. Edward Robson, 8. Richard Brewer, 3. James Stinspn, 9. John Fullarton, 4. Philip Dempsey, 10. Robert Cosway, 5. George Walton,- 11. John Tyner, 6. Joseph Sharp, 12. James Johnston. Pro. Witnesses Sworn, Con. James Mullen, London Harris, John West, Thomas Kirby, Verdict; Guilty.

Sentence; Fined £5. and costs, to be imprisoned for 3 months and to remain in custody till paid.

The Petitions of John Barnes and George Playter laid before for Tavern Licenses at the Holland Landing were the Court, read and granted.

Adjourned till 11 O'Clock on Monday next at the Clerk of the Peace's Office. - 36 -

ADJOURNED GENERAL OUAWr ..,RL 0E00ro1,rc·u ..>--.:> Hu oF1 THE PEACE Llonday, 8th July, 1833 •

The Court met pursuant to Adjournment. Present James FitzGibbon, Esquire,J.P.,Chairman, ( p ro tempore) David Stegman, ) Robert Gillespie, ) Esquires. 'J. p. George T. Denis~n,)

Tho following accounts were laid before the Court, audited and ordered to be paid by the Treasurer.

Charles Barnhart the Gaoler, • · • • • • • • £11.14. 1.:e ssrs. ',"11·dmer &'Diehl for medicine and l½ at tend an c e , • • • • . • • • ~ • • • • • • 18.17. 6 Thomas Nelson Scripture for services as Constable, • • • • • . • • : • • • . • • • 3. 4. 4 The Sheriff's account for services to 11th 1'i1ay last, • • • • • • . • . • • · • • · · 30.14. 9 Do. for Iron work done to the Gaol, • • • • •· .9. 8 • George Kingsmill for servi?es as Constable, • l½ Mr. George Duggan for services as Coroner, •• 1.11. 4 14. 6. 4½

ORDERED; That the Treasurer be authorized to negotiate a loan of Two hundred pounds for Police purposes to be repaid in twelve months.

ORDERED;_ That the footvray between Church Street

and the Market Place fronting the Bay be flagged under the direction of the Street Surveyor, one half of the expense to be borne by the Inhabitants Householders along the li11e. And that the Footway on the East side of George Street be planked to Duchess Street, and that Duchess Street be paved across to the North side and the North side of Duchess Street planked to the Honourable William Alla11's R 1 ·loac, under the direction of the Street Surveyor.

That John Commer, the Path Master, do immediately proceed to compell the performance of the Statute Labour for that portion of Yonge Street which lies between Lots

Numbers 15 and 16 on Yonge Street to the Township line and - 37 - ADJOURNED GENERAL QUARTER SESSIONS OF THE PEACE July 8th, 1833, continued.

between lot Number 13 and Lot Number 1 on the 5th Con­ cession of Yonge Street Jest.

Adjourned till 11 O'Clock on Saturday next the 13th instant at the Clerk of the Peace's Office. - ~38 -

ADJOURNED GE1T.t1~RAL c1,UARTEF(_~ES$IONS OP THE PEACE Saturday, 13th July, 1833 •

The Court met pursuant to Adjournment. Present James FitzGibbon, Esqulre,J.P., Chairman,(pro tempore)

Alexander Uood, ) Peter Paterson, ) .Robert Gillespie, ) Esquires, J.P. George T. Denison,) James F. Smith, }

The following accounts were laid before the Court, audited and ordered to be paid by the Treasurer.

The Clerk of the Peace's account to the end of r-:: last General Quarter Sessions, ••.•••• £110.lo.ll The Gaoler's account for insane persons, • • • 47.16. 9 His account for articles procured for the Gaol, 1i. 4.l(rz--1 Alexander Thompson for paving, • • • • • • 29. 4 • Francis Collins for advertising, • .. • • • • • 4. 9.10

ORDERED, That the Gaoler do discharge Eliza Hayes, an insane person, if her Husband, Hayes, do not pay the expense of maintaining her on or before Tuesday next the 16th instant.

The Petition of William Moore and others was read, and it was

ORDERED; That the Petitioners be at liberty at their own expense to open a drain through Church Street in the Town of York at a distance of three or four feet from the channel towards the centre of the Street so that the same may in no way interfere with the pavement, but this order is in no wise to prejudice any right which the other Inhabitants may have to open communications with such in­ tended drain if such right exists.

ORDERED-1._ That Thomas Shepherd, Innkeeper, Yon·ge Street, be appointed Path Master for superintending the Statute labour for the present year on that portion of - 39 -

ADJOURNED GENERAI OUARTETT ~~]SS IONS OF THE .PE.i\.C.E

13th July, 1833, continued.

Yonge Street which lies between Heron's Bridge and Number Sixteen on the said Street, in the place of ?ornelius Van Ostrend appointed Path Easter at the last annual Town Liieeting but who claimed exemption on the ground of having served such office within three years.

ORDERED, That Jonas Chrisner be appointed Path­ Master in the stead of Henry Lewirt who has left this Country, to superintend the Statute labour on that portion of Campbell's Road in the Township of Etobicoke, which the said Henry Lewin was appointed to superintend at the last annual Town meeting.

On the application of the Sheriff for an altera­ tion of the present limits of the Gaol it was

ORDERED, That the opinion of :Mr. Attorney General be taken whether the Justices have power so to do under the Act of the Provincial Legislature 11, Geo: IV, 3·, entitled "An Act to repeal and d th 1 amen e aws now in force respecting the limits of the respective Gaols in this Province."

Adjourned subject to the call of the Chairman. - 40 - ADJOURNED GE~ERAL QUARTER SESSIONS OF THE PEACE Tuesday, 23rd July, 1833.

The Court met pursuant to Adjournment. Present James FitzGibbon, Esquire, J.P.,Chairman (pro tempore) Robert Gillespie, Esq., J.P. George Monro, ~sq., ~.P.

The opinion of Mr. Attorney General upon the case submitted to him by the Clerk of the Peace, respecting the alteration of the Gaol limits, was read and it appearing that the Court had no power to make the same the application of the Sheriff at the last court was ac~ordingly refused.

The following accounts were laid before the Court, audited, and ordered to be paid by the Treasurer;

John Craig for painting the Court House, £70. 3. Robert Ford for Carpenter's work done to the Police Office and Court House, ••••••• 17. 4. 4½ The like for additional Carpenter's work done to the Police Office, ••••.•.•••• 3.15~ Charles Barnhart, the Gaoler's articles account for furnished for the Gaol up 1st instant, ••••••••• to the ...... 14.19. 7½ The account of the Board of Health for articles sup~lied by their order during by various ~ersons the prevalence of the cholera, ••• 20.13. ot

Adjourned subject to the call of the Chairman. - 41 - ADJOURNED HE PEACE GENERAL QUARTER SESSIONS OFT - Thursday, 1st __ !ugus~-'·---~..!.

The Court met pursuant to the call of the Chairman. Present James FitzGibbon,Esquira,J.l?., Chairman pro tempera. Christopher Widmer~ ) Esquires, J.P. Robert Gillespie, )

The Sheriff produced and laid before the Court the covenant entered into by him and. his Sureties under the provision of the Aot of the Provincial Legislature passed

during it's last Session, 1 entitled ' An Act to make certain regulations relating to the Office of Sheriff in this Pro­ vince and to require the several Sheriffs in this Province to give security for the due fulfillment of the duties of their Office" and which Covenant is dated the nineteenth day of July last when the majority of the said. Justices as­ certained and determined that the Sureties, George Stephen Jarvis of Cornwall in the Eastern District, Esquire, and Frederick Starr Jarvis of Toronto in the Home District, Esquire, were good and sufficient and. the Chairma.n according­ ly signed the Certificate required by the said Act where­ upon the said Covenant and Certificate were filed by the Clerk of the Peace agreeably to the provisions in that behalf contained in the same Act.

ORDERED, That the Contract entered into by the Sheriff with Robert Ford on the 6th day of August 1832, for fitting up the Court Rouse pursuant to the direction of the Sessions, having inadvertently not been recorded, and the work having now.been completed in pursuance thereof , the same be now confirmed, and that the Treasurer do pay said Robert Ford to the the sum the amount for which of Two hundred and fifteen d suoh work was contracted to b ~doun e one. s, Adjourned subject to the call of the Ch . . airman. - 42 - ADJOURNED GEUERAL QUARTER SESSIONS OF THE PEACE Monday, 5th August, 1833.

The Court met pursuant to the call of the Chairman. Present James FitzGibbon, Esquire, J.P., Chairman pro tempore. Robert Gillespie,) Esquires, J.P. David Stegman, )

It having been represented to the Court that an Assessor had not been appointed for the Township of Uxbridge in consequence of the Township meeting not having been held for the present year; ORDERED, That Mr. John P. Plank of the said Town­ ship be appointed Assessor for the same for the present year, and that he do proceed to take the necessary oath and enter upon the duties of the office forthwith~.

ORDERED, That the Clerk of the Peace be authorized to charge the District with the sum of five shillings cur­ rency for each Certificate signed by the Chairman at the last Court of the approval of the Sheriff's sureties, under the late Act (and which was given in duplicate at the request of the Sheriff) but this order is not to be taken as a precedent in future for a similar charge.

The Treasurer having delivered his account with the District up to the 30th day of June last it was ORDERED, That Alexander Wood, George Monro and John Scott, Esquires, be a Committee to audit and report upon the same.

The Building Committee having reported that the New Market House was completed and having presented the Contractor's account for certain alterations which had been done under their sanotion amounting to the sum of £852.18.9, and which they had duly audited it was - 43 -

ADJOURNED GENERAL _QJU4BTER SESSIONS OF THE .PEACE Monday, 5th August, 183~, continued.

ORDERED, That the Treasurer be authorized and requested to negotiate a loan of One Thousand pounds for the District to defray the expense of completing the said Market House, paving the Square, and flagging the footway on the outsid.e of the said Market.

ORDERED, That Grant Powell and Robert Stanton, Esquires, and the Chairman be a Committee to draw up a code of regulations for the New Market Rouse and to report thereon.

On the application of George Ridout, Esquire, on behalf of the Inhabitants of the Township of Scarborough it was

ORDERED, That the sum of £14.19.10 currency, the balance of the Absentee Road Assessment money now in the hands of the Treasurer for the said Township be ap­ propriated to the repair and improvement of the Dundas Street or Dunforth Road between the Eleven Mile Hill and the Bridge to the East of Pa.lmer' s in the same Township, and that the money be :paid to the order of John Torrence, Peter Secor, and. Richard Houck, all of the said Township, Gentlemen, under whose superintendance and direction the repair·and improvement of the said. portion of road is to be made.

The Petition of .E.wan Kennedy for a Tavern License at the Holland Landing was laid before the Court, read and gra.nted.

The Petition of James Hogg and others relative to the opening a public Highway on Lot number nine in the If irst Concession West Yonge Street, in the Township of York, was laid before the Court, read and refused. - 44 -

ADJOURNED GENERAL QU.AR~ER SESSIONS OF TE~ Ffi~ACE 5th 1~u_gust_, 183f._t continued.

The following accounts were laid before the Court, audited, and ordered to be paid by the Tree.surer.

Honourable J.B. Robinson in repayment of half the expense of planking the footway in John Street as :per account delivered by and :paid to the Street Surveyor, ..••••••••••• £14.18. 9¾ Stanous Daniel for the repairs of the Humber Bridge, • • . • • . • • • • • • • • 27.10.11½

Arad Smalley, Esquire, for services as Coroner, 1.19. 3

Messieurs Armour & Co., of Montreal, for ad.­ vertising in the Montreal Gazette for Contractors for ~arket House, ••..••• • 9.

Adjourned subject to the call of the Chairman. - 45 -

ADJOURNED GmrnRAL~ QU1RTER SESSIONS C>.f_c1!IE PEACE Mop.-9:~ 2nd §e_pyember, 1833.

The Court met pursuant to the call of the Chairman. Present James FitzGibbon, Esquire, J.P., Chairman (pro tempore) John Scott, ) Esquires, J.P. George T. Denison,)

The annual account of the Treasurer with the District up to the 30th day of June last, and annual Police account up to the same period, having been examined and

found correct by the committee appointed for that purpose, the same were laid before the Court, audited and signed by the Chairman and ordered to be published forthwith in - the Gazette.

ORD:B~RED, That the necessary steps be taken by the Treasurer,without delay,to compel the payment into the District Treasury of all outstanding monies now in the hands of several Collectors of the District.

The letters from the Cashier of the Bank of Upper to the Treasurer dated the 15th ultimo, on the sub­ ject of the District and Police loa-ns, were read, whereupon it was

ORDERED, That the Treasurer be authorized to state to the Cashier, for the information of the Directors , that the application of several sums. amounting to £128 .1 .4-i-.. to the liquidation of small claims appears to have been made by the Magistrates inadvertently without the consent of the Bank: but as the sum so applied is small and. the present annual income arising from the Market amounts to t £623., and will be very considerably increased when the whole is let,_which it is confidently anticipated will soon be the case, it is hoped that the Directors will afford .... 46 -

ADJOUfilTF.J) GTIIt:TERAL QUARTEH SESSION§ O.B· THE Pl~~ACF.J 2nd September, 1833_, continued.

the further accommodation of £1,000. for payment of the debts due to the Contractors, and £200. for Police pur:poses as already applied for, and upon the terms stated in the late applications for the same. And that the Treasurer do further state that should any emergency hereafter arise requiring appropriations beyond the· funds at the disposal of the Magistrates, no :part of the Market monies shall be used without special permission first obtained from the Directors.

The Certificate of Dr. Morison, dated the 15th ultimo, stating that Mr. James Davis of Yonge Street, one of the Constables of the District, has been under his care for some time subject to periodical attacks of desease which entirely unfit him for any laborious work or active occupation, was read and laid before the Court, whereupon it was

ORDJ~RED, That Mr. Davis be exonerated from per­ forming the duties of Constable.

The Committee appointed to draw up Regulations for the New Market House having laid oertain rules or orders before the Co-q.rt the same were read whereu:pon it was

ORDERED 1 That the following supplemental regula­ tions be adopted and forthwith printed and published according to Law.

1. That Horses, Cattle, Calves, Sheep and Hogs be excluded from the interior of the Market Place and from the side walks surrounding the same on the outside. II. _That ~orses and Oxen drawing Waggons or other carriages into the Market Place shall be forthwith r~.~o;~d ou~dofr the same until aga.in wanted to draw o e sa1 ~iaggons or other Carriages. III. _That But~hers and others be liable to the Fine or Fines hereinafter mentioned who shall throw offal or other offensive matter in or about the Market Place. - 47 -

ADJOURirnD GEN]rnAL QUARTER SES~JQNS Q!__ THE PEACE

2nd Se~tember 1 1833, c9~yinuad.

IV. That Fire-wood and. Lumber be excluded from the interior of the Market Place. V. That persons refusing to place their Waggons or other Carriages in such order as the Clerk of the Market, or other person duly authorized to direct the same, shall point out and direct, shall be liable to fine as hereinafter mentioned. VI. That Butchers and· others having Cellars do not put dogs or live Poultry therein. VII. That no :person carry away from the proper :pla.ce in the Country Market the Weights belonging thereto. VIII. That the Clerk of the Market or other person whose duty it may be do shut the Gates of the Market House every afternoon at 4 O'Clock. IX. That any person acting in contravention or viola- tion of these supplemental regulations, or of any former regulations now in force to which no specific penalty is annexed, be fined in any sum not exceeding 20 shillings nor less than 5 shillings for each offence at the discret_ion of any one of His Majesty's Justices of the Peace for the District, upon being convicted thereof before him on the oath of one or more credible witness or witnesses, such fine if not paid on demand to be levied by Warrant und.er the hand and seal of such Justice upon the good.s and chattels of the Offender AND LASTLY: That the Clerk of the Market do strictly enforce the observance of the foregoing as well as all former regulations under the :penalty imposed upon him by the 14th of the revised regulations.

The Petitions of John Bingham, Matthew Lymburner, James :Douglas and Benjamin Knott for Tavern Licenses were severally laid before the Court, read and granted.

Adjourned subject to the call of the Chairman. - 48 -

ADJOURNED GE1TERAL QUARTER SESSIONS OF THE PEACE Thursday, 12th September, 1833.

The Court met pursuant to the call of the Chairman. Present James FitzGibbon, Esquire, J.P., Chairman (pro tempore) Peter Paterson, ) Esquires, J.P. Jam es F • Smith , )

The Treasurer having reported to the Court that the Bank had declined to make the loan of £200. applied for on account of Police purposes, ORDERED, fhat he be authorized to advertise forthwith for the like loan to be repaid with lawful in­ terest at the expiration of twelve months.

Adjourned subject to the call of the Chairman. - 49 -

ADJOURNED GENERAL QUARTER SESSION'S OF THE PEACE Monday, 7th October, 1833.

The Court met pursuant to the oall of the Chairman. Present James FitzGibbon, Esq.,J.P., Chairman pro tempore. John Gamble, ) John Scott, ) Esquires, J.P. Robert Stanton,)

Th~ following accounts were laid before the Court, audited and ordered to be paid by the Treasurer.

Charles Barnhart, the Gaoler, for articles fur­ nished for the use of the Gaol to 30th September last, ••••••••••..••• £26. 9. 3½ The like for the destitute insane to the same date, • . . • • • • • _ • • • • • • • .. 48. 2. Rex vs Joseph St.Germain. Allowance to Peter Jacobs for two days attendance at the last Quarter Sessions as Interpreter for the Prosecution and for travel, .•.••••.. .15.

George Duggan Ooroner to 25th July last, 11.18. 9

The like to the 5th instant, •••• 12. 8. 4 1lr. George Gwinett for printing hand bills for the Board of Heal th, . • • • • • • • • . • 2. 8. Dr. James Mccague for attendance on Coroner's Juries, • . • . . • • • • • • . • • • • • • • 5. Do. for planking furnished, ...•.••• 6.15. 2i Do. for do., •...••••••••••• 8. o .. 7l Dr. Rees for attendance at Coroner's Jury, 1. 1. Dr. King the like, •.•• ...... 3.15. Guardian Office for Advertisments, • . . . 1. •. Ann Dye for cleaning Cholera Hospital, . . . . 5. for Gravel, • John Nicholson ...... 22.10. Daniel Sullivan the like, •• ...... 7. 2. 6 Patrick Burns the like, • ...... 3.15.

James FitzGibbon, Esquire, the Chairman pro tempore, having resigned the office in oonsequenoe of his - 50 -

ADJOURNED GENERAL QUARTER SESSIONS OF THE PEAC.E 7th October, 1833, continued. numerous other pressing duties, it was ORDERE]), That Alexander Wood, Esq., be appointed Chairman in his stead and that the Clerk of the Peace a.o inform him of his appointment accordingly.

ORDERED, That the Cholera Carts be sold forth­ with and the proceeds paid into the hands of the Treasurer.

Adjourned subject to the call of the Chairman. - 51 -

, JURNED GENERAL QUARTER SESSIOHS 0]1 TH:E PEACE Monday, 18th November, 1833.

The Court met pursuant to adjournment. Present D'Arcy Boulton Junior Esquire, J.P. George Monro, ) James F. Smith, ) Davia Stegman, ) John Scott, ) Esquires, J.P. Peter Paterson, ) Robert Stanton, ) Robert Gillespie,)

On the resignation of James FitzGibbon, Esquire, Chairman, pro tempore, D'Arcy Boulton Junior, Esquire, was elected unanimously in his stead who thereupon accepted the Office.

ORDERED, on the report of the Treasurer that measures be immediately taken by the Clerk of the Peace to compel payment of the arrears of Rent due upon the Market

Lots by distress or otherwise as may be deemed most advis­ able.

Adjourned till 10 O'Clock tomorrow morning. - 52 -

GE!:1ERl\... L QUARTER SESSIONS OF THE PEACE, HOME DISTRICT York, Tuesday, 19th November, 1833.

Present D'Arcy Boulton, Junior, Esquire, J.P., Chairman, James F. smith, Peter Paterson, Esquires, J.P. Peter Macdonald,

The Commission was read.

The Precept was returned by the Sheriff. The Grand Jury wa.s called and sworn as follows,viz. 1. George G. Kent, Foreman, 2. Daniel Griffin, 9. Ezra Annis, 3. John Farquharson, 10. Erastus Horwood, 4. Andrew :McDonell, 11. John S. Hermans, 5. Jabez Rall, 12. Charles Arkland, 6. Caleb Elsworth, 13. Stephen Pherrill, 7. John Hayfield, 14. Charles Baker, 8. Thomas McMullin, 15. William F. Moore.

The charge was given to the Grand Jury and the Bailiff sworn to attend them. The Grand Jury came into Court with the following Bill:- Rex vs Larceny. True Bill George Ramsay

Rex ) vs ) Mark Herod. ) All cases of Assault and Rex ) vs ) Battery and settled by Hugh Mack, Patrick Mack, ) Sarah Mack, Michael Mullen, ) leave of the Court upon Patrick Mullen. ) Rex ) payment of Costs, which vs ) James Jones. ) were thereupon paid. Rex ) vs ) William Gouland. )

Adjourned till 10 O'Clock to-morrow morning. - 53 -

GENERAL QUARTBR SESSIONS OF THE PEACE Wednesday, 20th November, 1833.

The Court met pursuant to Adjournment. Present D'Arcy Boulton Junior, Esquire, J.P., Chairman. Peter Macdonald, Esquire, J.P.

Rex Assault and Battery. Settled by leave of vs the Court upon payment of Costs which were John Marsh the reu1ion paid •

Sally Frank appeared in Court and was recognized to be the Daughter of WiJ.liam Frank an United Empire Loyal­

ist, whereu1:,on the usual certificate was signed by the Chairman. Rex ) Larceny. The Defendant was arraigned and vs . ) pleaded Not Guilty and being ready for his George Ramsay) trial the following persons were sworn as a Jury 1. Norvel Wait, 7. George Chapman, 2. 'Hilliam Hyland, 8. Elisha Linscott, 3. Horace Wyman, 9. Latham Clarke, 4. Jesse Grant, 10. Daniel Honeywill, 5. Robert Wiloookson, 11. Daniel B. Knapp, 6. James B. Tupper, 12. Thomas Moore. Fro. Witnesses sworn Con. Nancy O'Neil, Verdict; Guilty. Anne McDermot, Catharine Harris, Sentence; One Month's imprisonment.

ORDERED, That the sum of One Pound five shillings be paid out of the District funds to John Hyde the Con­ stable, for arresting and committing John Brown to Gaol for Arson.

Rex ) Assault and Battery. Settled by vs ) leave of the Court on payment of Costs Patrick MoGetrick) which were thereupon paid.

Samuel Wood and Nathaniel Wood respectively appeared in Court and were recognized as the Sons of Jonas Wood an United Empire Loyalist, whereupon the usual Certifi­ cates were signed by the Chairman. - 54 -

GENERAL QUARTER SESSIOUS O:B' THE PEACE November 20th, 1833, continued.

The Grand Jury came into Court with the follow- ing Bills; Rex vs Assault and Battery. True Bill. Joseph Martin

Rex vs The like. True Bill. John Gouldri ck, Owen Mc]Jlull en

Rex ) Presentment for an Assault and Battery vs ·) Ann Hadley) against Mary Simpson.

John Papts appeared in Court and was recognized as the son of Rudolph Papts an Uni te·d Empire Loyalist, whereupon the usual Certificate was signed by the Chairman.

The Reverend. Josiah Partrington, a nat:ive of , appeared in open Court and was recognized as a Minister of the religious ·community called the Primitive Methodists, whereupon he took the oath of allegiance to

His Majesty and his Certificate under the :.i:arriage Act was duly signed.

Rex Assault and Battery. The Defendant was vs arraigned and pleaded Not Guilty, and not Joseph Martin being ready for his trial a1rplied to the Court for leave to traverse, which was granted upon entering into the following Recognizance;

Joseph Martin, £20.} The Defendant to appear at the John Roddy of the Town 10.) next General Quarter Sessions of York, Gentleman; ) of the Peace for this District James Trotter of the ) and take his trial upon this same place, Innkeeper, 10.} traverse. - 56 - GENERAL QUARTER SESSIONS OF THE PEACE November 20th, 1833, continued.

Rex ) Assault and Battery. The Defendant was arraign- vs ) and pleaded Not Guilty but not being ready for Ann Hadley) her trial she applied to the Court for leave to traverse to the next Sessions, which was granted upon her entering into the following Recognizance;

Charles Hadley, Defendant's Husband, £20.) The Defendant Dougall McDougall Harns, of the} ) to appear at the Township of Pickering, Yeoman., ) £20. _) next General Quarter Sessions of the Peace for this-District and take her trial upon this traverse.

The Reverend Ingham Sutcliffe, a native of England, appeared in open Court and was recognized as a Minister of the religious community called the British Wesleyan Metho­ dists, whereupon he took the oath of allegiance to His Majesty and his Certificate under the Marriage .Aot·was duly signed.•

Rex Assault and Battery. Settled by leave of vs the Court upon payment of Costs which were Michael Hanlan thereupon :pa.id.

The King Assault and Battery. The Prosecutor, John vs A. Vail, was called upon his Recognizance James Bowden and did not appear, whereupon it was ordered to be estreated, and the Defendant was dis- charged by· P·roclamation.

The Grand Jury came into Court with the follow- ing Bills;

The King vs Assault and Battery. No Bill. William Small

The King ) · vs ) Assault and Battery. Edward Coppins) Harriot Coppins, John Watson, Patrick Moren, Maria Newsome, True Bill.

The King ) vs } John Small) Assault and Battery. True Bill. - 56 - GENERAL QUARTER SESSIONS OF THE PBiACE November 20th, 1833, continued.

The King ) ]?resentment for a }Juisance, whereupon a vs ) John Edwards) Bench Warrant was issued.

The King vs Assault and Battery. Edward Coppins, Harriot Coppins, The Defendants were John Watson, Patrick Moren, arraigned and severally Maria Newsome; pleaded Not Guilty, and being ready for their trial the following persons were sworn as a

1. George Moore, 7. John Harper, 2. William Vfoy, 8. Michael Vicken, ,_,'7. . George Becket, 9. Norval Wait, 4. Henry Colter, 10. William Hyland, 5. James Shaw, 11. George Fisher, 6. Robert Graham, 12. Horace ·wyman • Pro. Witnesses Sworn, Con. John Woolstencroft, John Watson, Thomas Helliwell, Maria Newsome, William Alexander, John Hales,

The Defendants Harriot Co:p:pins, John Watson and Maria }fowsome were acquitted under the d.irection of the Chairman upon the case for the Prosecution being closed. As to the other Defendants, Edward Coppins and Patrick Moren, the Jury returned a Verdict of Not Guilty, and the Chairman certified reasonable grounds for the Prosecution.

Joseph Ozburn appearea in open Court and was recognized to be the son of James Ozburn an United Empire Loyalist, whereupon the usual Certificate was signed by the Chairman.

The Grand Jury came into Court with the follow­ ing Bills and Presentment;

'I.1he King vs Assault and Battery. Jacob Top True Bill. - 57 -

Gfil"J"ERAL QtIARTER SESSrm:;s _ OF T1l3~ PEACE November 20th, 1833, continued.

The King vs Larceny. True Bill. \Villiam Lightheart The King vs Mary Simpson, Presentment for an Assault and. Battery on Ann Hadley. The King ) vs ) Assault and Battery. True Bill. Morris Malone, John Garvey,)

The King ) Assault and Battery. The Defenda.nt was vs ) arraigned and pleaded Not Guilty but not Mary Simpson ) being read.y for her trial she e..ppliea. to the Court for leave to traverse to the next Sessions, which was granted upon her entering into the following Recognizance; George Ridout of the Town of York, Esquire, £20.) Cond.i tioned Henry Stoots of the Township of Pickering,) ) for the Yeoman, ) £20.J appearance of the Defendant at the next General Quarter Sessions of the Peace then to take her trial upon this traverse.

The Grand Jury came into Court with the follow- ing Bill: The King vs Larceny. True Bill. Michael Brohan

ORDERED1. That the e:x:pense of me.. king the communi­ cation between the pastmge on the first floor and the Barrister's Room on the second floor of the District Court House, pursuant to the Order of the 3rd day of July last, be defrayed out of the District funds and :paict by the Treasurer accordingly.

Adjourned to 10 O'Clock to-morrow morning. - 58 -

GENERAL QUliRTER i:JµSSLQES OJ:P THE PEACE Thursday.,_~_ 21st IJ ovemb er, 1833.

The Court met pursuant to Adjournment. Present D'Arcy :Boulton, Junior, Esquire, J.P., Chairman, Peter McDonald, ) Lawrence Hayden,) Esquires, J.P.

The King ) Forcible entry and detainer, traversed vs ) from the last General Quarter Sessions James Simpson) of the Peace. The following persons were sworn as a Jury 1. Norval '{J'ai t, 7. Elisha Linscott, 2. William Wyland, 8. Latham Clarke, 3. Horace Wyman,. 9. Daniel Honeywill, 4 • Jesse G· rant , 10. Thomas Moore, 6. Robert Wilcockson. 11. George Moore, 6. James B. Tupper, 12. George.Fisher. Pro. Witnesses Sworn Con. Charles Hadley, William Chamberlain, .Ann Hadley, Dougall McDougall Harns, George Davis, Verdict; Guilty.

Sentence; Fine £10. and costs a.nd to remain in custody till paid.

The King Assault and Battery. The Defendant vs was arraigned and pleaaed Not Guilty Alexander Edwards and not being ready for his trial he applied to the Court for leave to traverse to the next Sessions, which was granted upon his entering into the following Recognizance.

Alexander Edwards, £20.) Conditioned for the William Mann of Kempenfel t, in} ) a.ppearance of the the Township of Oro,Innkeeper,) £20.) Defendant at the next General Quarter Ses­ sions of the Peace then to take his trial u::pon this Traverse. Lawrence Johnson, the Prosecutor, £20.) Recognizance. Philip Browne of the Township of) } Conditioned to ap­ East Gwillim.bury, Yeoman, } £20.) pear and. prosecute Alexander Rdwa.rds at the next General Quarter Sessions of the Peace for the above offence.

The Grand Jury ca.me into Court with the followino, 0 Bills; - 59 -

GENERltL ·~UAJT~Jt SESSIONS 0]1 TRE PE4C1li_, 21st November_i__.1833, continued.

The King vs Assault and Battery. No Bill. Daniel Handley Irving

The King ) vs ) ,A.ssaul t and Battery. Patrick Cassady, Jeremiah Sullivan,) Daniel Sullivan, ) True Bill.

The King Assault and Battery. vs Owen MoMullin, John Gouldrick True Bill.

The King ) vs ) Larceny. lfo Bill. Henry Crosby)

The King Larceny. The Defendant W!!S arraigned vs and pleaded Not Guilty and being ready William Lightheart for his trial the following persons were sworn as a

1. Enoch Davis, 7. Robert Graham, 2. William Way, 8. John Harper, 3. Henry Colter, 9. Michael Vickery, 4. George Becket, 10. William Hyland, 5. Thomas Hodgins, 11. Robert Wiloockson, 6. James Shaw, 12. George Chapman. Pro. Witnesses Sworn. Joshua Booth, David Cenat, Verdict; Not Guilty. Timothy Street.

The King A.ssaul t and Battery. The vs Defendants were arraigned and Morris Malone, John Garvey plead.ad 11ot Guilty, and being ready for their trial the following persons were sworn as a Jury 1. Elisha Linscott, 7. George Fisher, 2. Latham Clarke, e. Horace Wyman, 3. Daniel Honeywill, 9. Jesse Grant, 4. Daniel B. Knapp, 10. James B. Tupper, ~.i:: Thomas .Moore, 11. Norval Wait, 6. George Moore, 12. Will ie,rn Way. Pro. Witnesses Sworn, Con. James Wilson, :B.,rancis Connell Charles Brown, William Higgins: William Bowen,

Verdict; John Garvey Guilty. - 60 -

GENERAL QUARTER SESSIONS. OF THE J?F...ACE 1Tovember 21st, 1833, oontinuea.

SentenceJ Fine 5s. and Costs, and to remain in oustody till paid. Morris Malone,Uot Guilty.

Adjourned to 10 O'Clock to-morrow morning. - 61 - GENERAL QUARTER SESSIONS OF THE PEACE

Fridayt 22nd 1;ovemberJ~ 1833.

The Court met ~ursuant to Adjournment. Present D'Arcy Boulton Junior, Esquire, J.P., Chairman. Charles Fothergill, Esquire, J.P.

The King ) Misdemeanor.. The Defendant was arraigned vs ) and pleaded Not Guilty, and being ready John Crossley,) for his trial the following persons were sworn as a Jury 1. Henry Colter, 7. Norval Wait, 2. George Becket, 8. William Hyland, 3. James Shaw, 9. Horace Wyman, 4. Robert Graham, 10. Jesse Grant, 5. Michael Vickery, 11. Robert Wilaockson, 6. John Harper, 12. James B. Tupper. Pro. Witnesses Sworn, Con. Charles Grant, Pearson Crossley, James McV/illiams. Eliza M~Williams, Verdio1.i Guilty. Caleb McWillia,ms.

Sentence; :B1 ine 20s .. and. to remain in custody till fine and Costs paid.

The Grand. Jury came into Court with the follow- ing Bills; The King .) vs ) Larceny. No Bill.· Thomas O'Brien)

The King vs Thomas Harns, ) Abraham Stoner, Isaac Simpson, ) Assault and Battery. Peter H. Brown, Melton Simpson,) True Bill.

The King ) vs ) Larceny. True Bill. Ca thar in e McLellan,.)

The King vs Assault and Battery. True Bill. James Farr,

The Court then adjourned at l till 3 O'Clock this day. - 62 -

GE1IERAL QUARTER SESSIONS Olf THE J?~.QL Novembe~ 22nd, ~83§i continued.

The Court met at 3 O'Clock pursuant to adjournment. Present D'Arcy Boulton Junior,Esquire, J.P., Chairman, Charles Fothergill, Esquire, J.P.

The King } Assault and Battery. The vs ) Defendants were arraigned John Gouldrick, Owen McMullin) and pleaded Not Guilty and being ready for their trial the following persons were sworn as a Jurr l. George Chapman, 7. George Moore, 2. Elisha Linscott, 8. Enoch Davis, 3. Latham Clarke, 9. William Way, 4. Daniel Honeywill, 10. Henry Colter, 5. Daniel B. Knapp, 11. George Becket, 6. Thomas Moore, 12. James Shaw. Pro. Witnesses Sworn Con. Thomas. Skellington, William Andrews, James.Kelly, Nicholas Phennell, Griffith J. Pearse, Verdict; Guilty. Sentence ;u Fine £5. and Costs arid to remain in custody till paid.

The King ) · Larceny. Settled by leave of the Court on vs ) payment of Costs, which were paid in Court John Butler) by the Prosecutor.

Mr. John Farquharson, Surveyor of Highways, pre­

sented his Report of a Road laid out by him in the 8th Concession of the Township of Whitby, which was submitted to the Court a.nd there being no opposition it was confirmed and ordered to be opened acoordingly. (See the Report entered in Road Report Book No.1, p.33.)

Mr. Farquharson also presented his Report of a_ Road laid.out by him from Port Windsor through the broken - E:3 - GENERAL QUARTER SESSIONS OF THE PEACE November 22nd, 1833, continued. front and First Concession of the Township of Whitby, which was also submitted to the Court and there being no opposi­ tion it was confirmed and Ordered to be opened. accordingly-. (See the Report entered in Road Report Book No.l, p&34,) •

Adjourned to 10 O'Clock. to-morrow morning. - 64 -

GEirERAL QUARTER SE~SI_.9NS OF THE PE.ACE

Saturd9...i_,221r~ Jfovember, 1833_._

The Court met pursuant to Adjournment. Present D'Arcy Boulton Junior, Esquire, J.P., Chairman, Peter Paterson,) David Stegman, ) Esquires, J.P.

The King ) Assault and :Battery. vs ) The Defendants were Patrick Cassady, Jeremis,h Sullivan,) arraigned and pleaded Daniel Sullivan, ) Not Guilty and being ready for their trial the following persons were sworn as a Jury 1. John Harper, 7. Robert Wilcockson, 2. Michael Vickery, 8. Robert Graham, 3. Norval Wait, 9. Elisha Linscott, 4. William Hyland, 10. Latham Clarke, 5. Horace Wyman, 11. Daniel Honeywill, 6. Jesse Grant, 12. Daniel B. Knapp. Pro. Witnesses Sworn Con. James B. Gorton, John Cunting, Lucas 7',dddleton, Cornelius Mahoney, Mary Ingram~ Verdict; All the Defendants Guilty. Sentenc~_i_ Fines, Jeremiah Sullivan, 50s. Patrick Cassady, 50s. Daniel Sullivan, 20s. Vlliich were paid to the Sheriff in Court. Costs paid.,

In the matter of the application of J9hn Betteridge and others for the orJening a new Highway or Road in the Township of Etobicoke in the County of York, to form a communication between the Gore of Toronto in the said County and cert~in Mills, now in the occupation of Charles Wads­ worth, and called and known as Farrs Nalls, in the said Township.

Mr. Sullivan of Counsel for the applicants moved that the Report of Mr. David Gibson, _the Surveyor of High­ ways, be confirmed. - 65 -

GENJ~RAL QUARTER SESSIONS O}T rrHE P~_9E .. November 23rd, 1B33, continued.

:Mr. James E. Small,of Counsel for George Garbutt and others, opposed the confirmation of the Report, where­ upon the following persons were sworn as a Jury:-

1. Thomas Moore, 7. John Harper, 2. George Moore, 8. Michael Vickery, 3. Willia.m Way, 9. William Hyland, 4. Henry Colter, 10. George Chapman, 5. George Becket, 11. Elisha Linscott, 6. James Shaw, 12. George Fisher.

Verdict. nThat the Re1Jort of David Gibson, the nsurvey-or of .Highways, be modified anc1 confirmed, ana. that nthe new Highway or Road be only forty feet wide and that nthe same shall run from its commencement on the division

1 ' line between the Gore of Toronto and the Townshi:p of

"Etobicoke to the South side line of Lot ~lumber 27 in the "first Concession of the Township of Etobicoke in the manner

"stated and specified in the said. Report, a.ncl from thence

"along the South side line of the said Lot l~umber 27 to the "front thereof, that is to say all the allowance for Road

"to be taken off the South side of !fo. 27., then on the line

"between Lots Numbers 26 and. 27 to the front of Concession tTA. the said lines in Concession A to be in the middle of the nsaid New Highway or Road and half tho new allowance for

"Road taken off each of the s~ id Lots IJumbers 26 ana, 27 in

"Concession A respectively."

Mr. Sullivan then moved on behalf of the appli­ cants that the Highway be opened agreeably to the Verd_j_ct, which was granted. (see the Report entered in Road Report Book No.l, p.30.)

The King ) Assault and Battery. The Defendant was arra.ign vs ) ed and pleaded Guilty. Jacob Top,) Fined lOs. which was paid to the Sheriff in C~urt, and Costs, which were paid at the same time. .... b6 -

GENERAL QU.A.RT~!{ S.ESSIONS Olf .1!.I]LPJFAC~~ 23rd November, 1833, continued.

The King ) Assault and Battery. The Defendant was vs ) called upon his Recognizance and did not ap­ James Farr) pear, whereupon it was ordered to be estreated. Thomas Moore of the Town of York, Tailor, and John Blake of the same place, Shopkeeper, the Bail of the said James Jfarr, were severally called upon to prod.uce the body of the said James Farr and their Recognizance was ord~red to be estreated.

The King ) Assault and Battery. The Defendant was vs ) called upon his Recognizance and d.id not Thomas Rarris ) appear, whereupon it was ordered to be estreated. Joseph Matthews of the Township of Pickering, Yeoman, and Amos Andrews of the Township of Whitby, Yeoman, the Bail of the said Thomas Harns were severally callea_

upon to prod.uce the body of the said Thomas Earns and their -· Recognizance was ordered to be estreated.

The King Assault and. Battery. T·he Prosecutor, Hiram VS Goodvrin Bernard., of the Town of York, Yeoman, Raymond Eaby was called upon his Recognizance and did not appear, whereupon it was ordered to be estreated.

The King :Misdemeanor. The Prosecutor, '.:!homa.s vs Platt, of the Town of York, Shopkeeper, :Patrick Charlton was called upon his Recognizance and did not appear, whereupon it was ordered to be estreated.

The King Assault and Battery. The Prosecutor, Abel vs Cenat, Yeoman, was called upon his Recogni­ J ose:ph I\'.IcNall zance and did not appear, whereupon it was ordered to be estreated.

The King Assault and Battery. The Prosecutor vs John 'Jilson, of the Town of York ' Eagleson McDonal~ Labourer, w1;s called Ul)On his Re~ogni­ zance and did not appear, whereu:pon it was ordered to be estreated. - 67 -

GENERAL QUARTER SESSIONS Oii' THE PEA.CE November 23rd. 1833, continued.

The King ) Assault and Battery. The Prosecutor, vs ) John Uars of the Town of York, Black­ Luke Sharp ) smith was called upon his Recognizance Francis Hillock) and. did not appear, whereupon it was ordered to be estreated, and it was estreated accordingly.

The King ) Assault and Battery. The Defendant was vs ) arraigned and pleaded Not Guilty and being John Small) ready for his trial the following persons were sworn as a

1. William Way, 7. John Harper, 2. Henry Colter, 8. Michael Vickery, 3. George Chapman, 9. William Hyland, 4. George Becket, 10. Horace Wyman, 5. James Shaw, 11. Jesse Grant, 6. Robert Graham, 12. Robert Wilcookson. Pro. Witnesses sworn Con. James McMullen, YHlliam Small, John Wilson. Verdict. Not Guilty and Judgment of Acquital was :pronounced.

The King )Recognizance; Thomas vs ) Clancy, of the Township of Abraham Stoner, Isaac Sim:pson, ) Wb.i tby and Jacob Spikerman Peter H. Brown, ·r11e1 ton Simpson,) of the Township of Reach £20. each. Conditioned to appear at the next General 1~uarter Sessions of the Peace for this District to give evidence on behalf of the Prosecution.

The King Larceny. The Defendant was arraigned vs and pleaded Guilty. Michael Brohan Sentence. Two month's imprisonment.

The King Nuisance. The Defend.ant was arraigned and vs pleaded Not Guilty and being ready for his John Edwards trial the following :persons were sworn as a Jury 1. George Chapman, 7. 7lilliam ~~ray, 2. Elisha Linscott, 8. Henry Colter, 3. Latham Clarke, 9. George Becket, 4. Daniel B. Knapp, 10. Robert Graham, 5. Thomas 1:loore, 11. John Harper, 6. George Fisher, 12. 2\'.Iichael Vickery. - 58 -

_____GENERAL _.:;;._~ Gm.ARTER----<-- SESSIONS---~ -- .~-·---~-OF THE PEACE··-,·~-- November_23rd, 1833, continued.

Pro. Witnesses Sworn Con. 7lilliam Phair, George Sloan, Levi Fairbanks, James Mc.M:ull en. Verdict. Not Guilty.

The account of Mr. David Gibson, Surveyor of Highways, for services rendered to the District amounting to the sum of Six :pounds seven shillings and sixpence currency, was laid before the Court, audited and ordered to be paid by the Treasurer out of the District funds.

The Grand Jury came into Court with the following Presentment which was read "Grand Jury Room, November 22nd, 1833. The Grand Jury humbly present to the Court of Quarter Sessions that upon visiting and examining the Gaol in this Town this day they found that in consequence of the late breach in the said Gaol many of the Prisoners (Debtors) are greatly incommoded in consequence of being debarred. the former privileges of the Debtor's Hall, and thereby causing a nuisance to be }:)laced in the passage communicating with the Room which renders the situation of the Debtors quite disagreeable, likewise that the Gaol Yard is quite defi­ cient, which deprives them of that liberty which they would otherwise enjoy."

Adjourned to the Clerk of the Peace's Office subject to the call of the Chairman. - 69 -

ADJOUID1ED G:EN:EHAL QUARTER SESSIONS OF THE P:i:JACE~ Monday, 2nd December, 1833.

The Court met pursuant to Adjournment. Present D'Arcy Boulton Junior, Esquire, J.P., Chairman. George T. Denison,) George Monro, ) Esquires, J.P.

The account of Mr. George Duggan, the Coroner, for services rendered to the 30th ultimo, and amounting to the sum of Twelve pounds eight shillings and sixpence, was laid before the Court, audited and ordered to be paid by the Treasurer out of the District funds.

Upon the application of George Ridout, Esquire, it was ORDERED That the side walk from King Street to Bishop's be :planked und.er the direction of the Street Surveyor, and to be p.aid out of the Statute Labour commu­ tation money in his hands.

Adjourned subj.eat to the. call of the Chainnan. - 70 -

· ADJOURNED GElrnRAL ·~UiillTER SESSIONS OF THE PEL\CE Thursday, 19th December, 1833.

The Court met pursuant to the call of the Chairman. Present D'Arcy Boulton Junior, Esquire, J.P., Chairman. Peter Paterson, Esquire, J.P.

On the application of Robert Gillespie, Esquire, it was ordered that the Cellar underneath the New Market House should be let to him for three years at £15. per annum, with liberty to make a door way through the premises into the cellar.

Adjourned subject to the call of the Chairman. - 71 -

ADJOU:RlIED GENERAL QUA:RT1~R SBS'.3ION2 CF THE PEACE

Monday, 6th January 2 1834.

The Court met pursuant to the oall of the Chairman. Present D'Arcy Boulton Junior, Esquire, J.P., Chairman. George 1V[onro, Peter Paterson, Esquires, J.P. J. F. Smith, John Scott,

Certificates for Tavern Licenses were granted to

and taken out by the following persons for the ensuing year, viz:-

N AME s. RESIDEUCES. RATE.

1. Atkinson, Robert Macaulay Town, £10. 2. Anderson, John Milford Mills, 7.10 3. Anderson, Ira Stouffville, 7.10 4 .. Abraham, Joseph Yonge Street, 7.10 5. Bardwell, Rufus Uxbridge, 3. 6. Betteridge, John Town of York, 10. 7. Baker, John Do. (Black Swan) 10. 8. Baker, John York, {Drover's House) 10. 9 • Brown, Thomas Do. 10. 10. Blaok, George Do. 10. 11. Barnes, John York Township, 7.10 12. Bi.ngham, John Town of Barrie, 3. 13. Card, Woodberry York, 5. 14. Craig, John Tuiedonte, 3. 15. Cooper, Mary Town of York, 10. 16. Crew, William Yonge Street, 7.10 17. Campbell, William Town of York, 10. 18. Crosby, John Yt. Markham, 6. 19. Carnel, Edward Scarborough, 7.10 20. Chapman, John Etobicoke, 21. 7.10 Conklin,Burnet Credit, 7.10 22. Cook, William Vaughan, 23. Carney, 6. Richard Town of Barrie, 3. 24. Cook, Richard Gore of Toronto, 25. Daniels, Stanous 5. Humber, 7.10 26. Douglas, James Brook, 27. Dawson, lfrancis Etobiooke, 3. 28. Lrunnington, Ge9rge 7.10 Town of York, 10. 29. Dougal, McDougal Chinguacousy 30. Embleton, John Streetsville, 3. 31. Elliott, Thomas 7.10 Town of York, 10. 32. Edmonson, John West Gwillimbury 33. Finch, Robert ~ 1 b. ' 4. .l:i 1.on, 3. 34. Farr, John York Township, v·LJ. Farr, Joseph Toronto, 7.10 7.10 - 72 -

£7.10 36. Farewell, A.E. 1Nhi tby, Chinguacousy, 5. 37. Franks, William 7.10 38. Finch, John Day York Township, 39. Grantham, John Town of York, 10. 40. Gilmour, Caledon, 3. Don, 7.10 41. Galloway, 7.10 4 2 • Gam b 1 e , 1~ • J • Yonge Street, 43. Gates, Jonathan, Scarborough, 7.10 44. Garbutt, William Uewmarket, 6. 45. Gill, Jacob Orillia, 3. 46. Rockeridge, John Scarborough, 7.10 47. Hewitt, Joseph Newmarket, 6. 48. Hyde, John Streetsville, 7.10 49. Hackett, Samuel Chinguacousy, 5. 50. Harrington, Samuel Yonge Street, 7.10 51. Hart, David Newmarket, 6. 52. Hamilton, Si~ney Town of York, 10. 53. Horsley, Robert Do. 10. 54. Harries, Richard Toronto, 5. 55. Hodgson, Robert Etobicoke, 5. 56. Hemphill, Zachariah Toronto, 7.10 57. Hunter, George Markham, 4. 58. Hadley, Charles :Pickering, 7.10 59. Hunter, Jane Etobicoke, 4. 60. Jackes, William Pickering, 7.10 61. Jeffrey, Stephen Penetanguishene, 5. 62. Irving, Thomas Town of York, 10. 63. Kendrick, George Givins' Corner, 7.10 64. Kendrick, William Yonge Street, 7.10 65. Keating, Michael Town of York, 10. 66. Kitson, John Do. 10. 67. Kernaghan, James 7~10 68. Langdon, James Town of York, 10. 69. Leppard, John East Gwillimbury, 4. 70. Lymburner, Matthew, Vaughan, 6. 71. Monro, David, l)o. 7.10 7 2. 1'.Iilliken, Norman Scarborough, 7.10 7 3. Munshaw, Aaron Yonge Street, 7.10 74. Mitchell, William Town of York, 10. 75. 2atthews, Thomas Do. 10. 76. Mitchell, William,Jr. Township of York, 7.10 77. McKay, Robert Innisfil, 3. 78. Mills, Parker Dundas Street, 7.lQ 79. 1Hlburn, Joseph Yonge Street, 7.10 80. McLean, James Humber, 5. 81. Morrison, Hugh Town of York, 10. 82. Moore, Thomas Do. 10. 83. Marlow, Hugh Kem:penfelt, 3. 84. ?Hlls, J·ohn Toronto, 5. 85. McPherson, William M.arkham, 5. 86. Mair, John Whitchurch, 7.10 87. McNulty, John King, 3. 88. Matthews, Susannah York Township, 7.10 89. Merigold, Amos Toronto, 5. 90. Montgomery, Thomas Etobicoke, 3. 91. Morley, John York Township, 7.10 92. ~aKinnon, Martin Vaughan, 93. Nichol, Robert 6. lfo a.on t e , 3·. 94. Ogden, William Toronto, 95. 0'llearn, Francis 5. Yonge Street, 7.10 96. Pray, George W. Innisfil, 97. Phair, William 3. Town of York , 10. - 73 -

98. Polly, Moses Credit, £5. 99. Phelps, Francis Rolland Landing, 7.10 100. Post, Asa Pickering, 7.10 101. Palmer, John York Township, 7.10 102. Ramage, James Toronto, 5 .. 103. Rennardson, Robert:~ Town of York, 10. 104. Secord, Stephen Do. 10. 105. She:phard, Thomas Yonge Street, 7.10 106. Scott, William Etobicoke, 7.10 107. Stevenson, George Town of York, 10 .. P! 10. 108. Snider, H, • R. Do. 109. Smith, W.E. York Township, 10. 110. Stevens, Stiles Toronto, 7.10 111. Smith, Thompson York Township, 7.10 112. Taylor, Frances Scarborough, 5. 113. Turley, Edward 4 Mile Tree, 7.10 114. Trotter, James Town of York, 10. r::, ·115. Terry, Joel Albion, u. 116. Ti lee., John R. Churchville, 5. 117. Tarbox, Elijah Caledon, 3. 118. Whitmore, Michael Yonge Street, 7.10 119. 1i'Vright, Edward York Town, 10. 120. Wallis, William Do. 10. 121.. Weatherill, James Vaughan, 7.10 122. Wells, George Do. 6. 123. Yonge, William Toronto, 7.10

Adjourned subject to the call of the Chairman. - 74 -

ADJOURlrnD GEWER1... L 1~UliRTER SESSIOITS 01:i' THE PE.ACE

The Court met pursuant to the call of the Chairman. Present

D '11rcy Eoul ton Junior, l~squire, J.P. , Chairman,

James F. Smith,) John King, ) Esquires, J.P.

The Petitions of the follo~~ng persons for Tavern licenses were laid before the Court, read and granted at the following rates; John Marr, £3.; William Wood, £5.; Joseph Fulcher, £5.; Andrew Freeborn, £5.; William Falls,

£7 .10; Samuel Duns ea th, ,C4.; Joseph Fletcher, £3.; Jose1)h Bloor, £10.; James Fortier, £4.; Thomas Duggan, £6.; John Arksey, £7.10.; Benjamin Knott, £5 •

. The following accounts were laid before the

Court, audited and ordered to be paid by the Treasurer out of the District funds, viz: The Clerk of the Peace's account to the 18th January last, . . ••.••••••••£142.17. 1}

Dr. King, • • • • 6 ..

The Gaoler's account to the 31st December last, 40. 9. 2} The like for articles furnished for the Gaol, 9 .. 15. 5J Dr. Tims, . .10 •

Dr. Duggan, ...... L.10. The Petition of the Inha.bi tants of the Townshi1) of King praying that that Township might be included in the Seventh instead of the Ninth Division of the Home District Court of Requests, was read, but it was found that the Court had no power under the late court of Requests Act to grant the prayer.

Adjourned subject to the call .of the Chairman. - 75 -

ADJOUI-ff'.E1 GENERAL QUARTER SESSIOlJ~. OF THE_ PEACE Monday, l 7th_.J~ebruary, 1834.

The Court met :pursuant to Adjournment. Present D. Boulton,Junior, Esquire, J.P., Chairman, James F. Smith, ) Peter Paterson, ) Esquires, J.P. Robert Gillespie,)

The Petitions of the fol1owing persons for Tavern Licenses were laid before the Court, read and granted at the following rates; 1Ubert Finch, £5.; John \almot, £7.10.

Adjourned till to-morrow·morning at 11 O'Clock. MEETINGS OF THE HOME DISTRICT

1 GENER.4..L QUART11rn __ §.ESSIONS 0] THE ------PEACE

In the y_e_a~

1 8 3 4. - 76 -

GIDrnRAL Q.UARTEm S.ESSIONS OJ? TH}~ J?E.ACEJ. HOME DI STRICT York, Tuesday-,_ 18th :&"'ebruary, 18~.,4.

Present D'Arcy Boulton Junior, Esquire, J.P., Chairman, Robert Gillespie,) Peter ?aterson, ) Esquires, J.P.

The Commission was read.

The Prece~t was returned by the Sheriff. The Grand Jury was called and sworn as follows; 1. Stanous Daniels, Foreman. 2. George Silverthorne, 10. Thomas COOJ?er, 3. Joseph Farr, 11. William Campbell, 4. Elijah Harris, 12. William Arthurs, 5. John McGill, 13. John Rod.dy, 6. James Aiken, 14. Eli Leavens, 7. James Taylor, 15. Francis Logan, 8. James Trotter, 16. William Custead, 9. Rob~rt Elev~ns, 17. William Tiers.

The Bailiff was sworn to attend the Grand Jury.

The King Assault and Battery. Settled by vs leave of the Court on payment of Costs, Francis McLaughlin which were accordingly paid.

Adjourned till to-morrow morning at 10 O'Clock. - 77 -

GENERAL QUARTER SESSI011S_ OF THE PEACE Wednesda,y, 19th February, 1834.

The Court met pursuant to adjournment. Present Peter Paterson, Esquire, J.:P., Chairman, pro tempore .. James F. Smith, ) 0 E. G.o 'Br1·en, } ~squ1·re.L::l O' JP• •

The Grand Jury came into Court with the follow­ ing :Bills:-

The King ) vs ) Larceny. True Bill. James C. McCooms).

The King vs Larceny. True Bill. George Hassan

The King Larceny. The Prisoner was arraigned vs and pleaded Not Guilty, and being ready James C. McCooms for his trial the following persons were sworn as a Jury;-

1. Edward Lawrence, 7. David Crawford., 2. Henry Powell, 8. Isaiah ~'ebb, 3. James Roe, 9. Ass. Wilson, 4. Michael B. Judge, 10. Caleb Powell, 5. James 1longer, 11. Enos Causland, 6. Charles Ward, Junior, 12. William Cobbledick. Pro. T.'ii tnesses Sworn. James Vlhi te, · verdict. Guilty. Ann McDermot. Sentence. Fine £2. and costs and to remain in custody till paid. Fine and costs paid to the Sheriff and Clerk of the Peace in Court.

The Grand Jury came into Court with the follow- ing Bills;

The King ) Larceny. True Bill against vs ) John Jackson. John Jackson, Lucy Jackson) No Bill against Lucy Jackt1on.

The King ) vs ) Assault and Battery. ~rrue Bill. James Simpson) - 78 H

GENERAL QUARTER SESSIOIJS OI!' THE PEACE . 19th February, 1834, continued.

The King ) Assault and Battery. Settled by vs ) leave of the Court on payment of Christopher lH tchell,) Costs, which were accordingly paid, Roger Mitchell, )

The Grand Jury came into Court with the following Bills; The King ) vs ) Assault. True Bill. John Garner)

The King vs Assault. True Bill. Henry Ausman

The King ) Riot and Assault. vs ) Settled by leave of the Daniel Sullivan, ) Court on payment of Costs Jeremiah Sullivan, Owen Coulter,) which were paic1 according1;

The King Larceny. The Prisoner was arraigned and vs pleaded Not Q.uil ty, and being ready for his John Jackson trial the following persons were sworn as a

1. Barber ~ichol, 7. James Roe, 2. Israel Gibbs, 8. Michael B. Judge, 3. Isaac Campbell, 9. James Monger, 4. James G. Demorest, 10. Charles Ward, Junior, 5. Asa Matthews, 11. David. Crawford, 6. Baniel C'Brien, 12. Sylvester Craig, Pro. Witnesses Sworn. Ellen Sullivan, Verdict. Guilty. Catharine Donovan, Thomas Grant. Sentepoe. Two months Imprisonment.

The King Assault and Battery. vs Settled by leave of the Owen ~vans, Bryan Fay, Court on payment of Costs Nicholas Gaughern, John Vleld·on which were paid accordingiy.

The Grand Jury came into Court with the fo1low­ ing Bills.- The King VS Larceny. True Bill. John Duffy - 79 -

GENERAL Q!!~RTER SE§SIONS _9!'_ TH~Jlf_lt_QJ!__ l9tb. _1Tebruary ,__].83i..L,.continued.

The King ) vs ) Larceny. No Bill. Peter Morrell, Abraham :Morrell)

The Petitions of the following persons for Tavern Licenses were laid before the Court, read and granted at the following rates, viz:- Martin Salusbury, £ John Bell,£ and Dudley Root,

£3.

The Report of ]Kr. Henry Keating, Surveyor of Highways for the Township of Oro, of a Road between the Town of Barrie at the head of Kempenfelt Bay and the Narrows of Lake Simcoe, was laid before the Court and no opposition being made the same was ordered to be and was confirmed accordingly. (~ee the Report entered in Road Report Book No.l, page 36.)

Adjourned till to-morrow morning at 10 O'Clock. - 80 -

GENERAL QUARTER. SESSIONS_ D:H' .. TKE I'B_k9Jt. Thursda.,Y_, __ 20th February, 183j_._

The Court met pursuant to adjournment. Present Peter Paterson, Esquire,J.P., Chairman, pro tempore. Robert Gillespie, Esquire, J.P.

The King Assault and Battery. The trial of this Tra­ vs verse was postponed. till the next '~uarter Ann Hadley Sessions of the Peace u1-)Qn the ap1Jlication of the Defendant's husband, on entering into the following Recognizance. Charles Hadley, ..•.. £20.) Conditioned for the ap­ William Hartrick, of the ) pearance of the Defendant Township of Pickering, ) at the next General Quarter Yeoman, • . . • . • . . • £20.} Sessions of the Peace to take her trial upon this Traverse.

The King Assault and Battery. The trial of this vs Traverse was postponed till the next Quarter Mary Simpson Sessions of the Peace, upon the applica­ tion of the Defendant's husband. on entering into the following Recognizance; James Simpson, . . . £20.) Conditioned for the ap- George Ridout of the Town ) pearance of the :Defendant of York, Esquire,. • • • . 5220.) at the next General Quarter Sessions of the Peace, to take her trial upon this Traverse.

The King ) Assault and Battery. The following per- vs } sons were sworn as a Jury to try this Joseph Martin) Traverse.

1. Isaiah ~7ebb, 7. Charles Jewett, 2. Asa rNilson, 8. Isaac Campbell, 3. Caleb Powell, 9. James G. Demorest, 4. Enos Causland, 10. Daniel O'Brien, 5. :}Jilliam Cobbledick, 11. TTilfred Sadler, 6. Barber Nichol, 12. gdward Lawrence. Pro. 'Ni tnesses Sworn, Con.

John Kitson, tTohn Wilson. Henry Middlemist Alexander McGregor, Verdict. Guilty. John Thornton. Sentence. Fine £2. and Costs and to remain in custody till paid. The Fine and costs were paid to the Sheriff and Clerk of the Peace in Court. - 81 - GENERAL QUARTER SESSIOJ:1S OF TRE P:E.ACE 20th February, 1834, continued.

The Grand Jury came into Court with the follow- ing Bills; The King ) vs ) Assault and Battery. True Bill. Alexander E. McDonald,)

The King ) vs ) Larceny. True Bill. Elizabeth O'Leary)

The King vs Assault and Battery. No Bill. William ~cintosh

The King Assault and :Battery. The Defendant was vs arraigned and pleaded Not Guilty, and James Simpson being ready for his trial the following persons were sworn as a Jur:y: 1. Henry Powell, 7. David Crawford, 2. James Roe, 8. Sylvester Craig, 3. John Toot, 9. Isaiah Webb, 4. Michael B. Judge, 10. Barber Nichol, 5. James Monger, 11. Caleb Powell, 6. Charles Ward, Jr., 12. William Cobbledick. Pro. Witnesses Sworn. William Hartrick,) Verdict. · Guilty. John Davis, ) Jacob Spikerman, ) No sentence was pronounced and the nefendant was discharged.

Robert George Barnhart of the Township of Toronto, Gentleman, appeared in open Court and made oath for Surety of the Peace against William }'1cintosh of the Town of York, Yeoman, upon which a Bench Warrant was issued.

The King Assault and Battery. Settled with leave vs of the Court upon the Defendants entering William Gernon into the following Recognizance;

William Gernon of the Township of "J7hitchurch, Yeoman, £20. Philip Badgero of the same Township, Yeoman, 10. Micha.el Whitmore of the Township of York, Innkeeper, 10. Cond_i tioned that the said William Gernon shall - 82 ....

GEl:U}RAL -~U.1.4..RTER SESSIOY,S OF TH~ P.K1.l.CE 20th February, 1834, continued. keep the Peace towards all His ~ajesty's liege subjects and especially towards John Boyer and Benjamin Boyer, both of the said Township of Whitchurch, Yeomen, for twelve months. The Grand Jury came into Court with the follow- ing Bills;­ The King vs Assault and Battery. True Bill. John Wilson

The King vs Larceny. True Bill. Jane ]'enwick

The King vs Larceny. No Bill. Thomas Reed,Junior, John Reed

The King vs Larceny. True Bill. William York

The King Larceny. The Prisoner was arraigned and vs pleaded Not Guilty, and being ready for rXilliam York his trial, the following persons were sworn as a Jury. 1. Israel Gibbs, 7. Henry Powell, 2. James Monger, 8. David Crawford, 3. James G. Demorest, 9. Sylvester Craig, 4. Asa Matthews, 10. Isaiah Webb, 5. Daniel O'Brien, 11. Caleb Powell, 6. Wilfred Sadler, 12. Enos Causland. Pro. Witnesses Sworn. Thomas Smith, Verdict. Guilty. Benjamin Fox, James 1)Iad_de. Sentence. Two months' solitary confinement.

The Grand Jury-came into Court with the follow- ing Bills:­ The King vs Forcible entry and detainer. No Bill. James Kelly - 83 -

G~lNERAL QUARTBR __ SI~SSIOI:rn OF TELE PE.ACS 20th February, 1834, continued.

The King ) vs ) Assault and Battery. True Bill. Michael Mahoney)

Elinor Logan, wife of Francis Logan, appeared in open Court, and was recognized to be the Daughter of Lewis Chisholm an United Empire Loyalist, whereupon the usual

Certificate was signed by the Chairman.

John Proctor appeared in open Court and was recognized to be the Son of Thomas Proctor, an United Empire Loyalist, whereupon the usual Certificate was signed

by the Chairman.

The King Assault and Battery. Settled by leave of vs the Court on payment of Costs, which were John Edmonson paid accordingly.

The Reverend Robert Hill Thornton and the Reverend

James George respectively appeared in open Court and were recognized as being Ministers of the Presbyterian Church, whereupon they took the oath of allegiance to His Majesty

and their Certificates under the I1arriage Act were duly signed.

The Report of David Gibson, Surveyor of Highways, for the County of York, of a Road from Lot No.l in the Third Concession of the Township of Markham to Lot ~To. 5

in the same Township, was laid before the Court and no opposition being made the same was ordered to be, and was, confirmed accordingly. (See the Report entered in Road Report Book No.l, page ) .

Adjourned till to-morrow morning at 10 O'Clock. - 84 -

G1rnF.m.AL QUARTER s~~SIOHS OF THE PEACTTI Friday, 21st February, 1834.

The Court met pursuant to adjournment. Present Peter Paterson, Esquire, J.P., Chairman pro tempore. E.G. O'Brien, ) William Thompson,) George Monro, ) Esquires, J.P. Robert Gillespie,) John King, ) Robert Stanton, )

The King ) Assault. The Defendant was arraigned and vs ) pleaded I:rot Guilty, ancl being ready for his John Garner) trial the following persons were sworn as a Jury 1. Hamilton Dunlop, 7. Wilfred Sadler, 2. Israel G-ibbs, 8. Edward Lawrence, 3. Isaac Campbell, 9. Henry Powell, 4. James G. Demorest, 10. James Roe, 5 • .Asa Matthews, 11. James Monger, 6. Daniel O'Brien, 12. Charles Ward, Junior. Pro. Vli tnes s es sworn. Nicholas Harvey. Verdict. Guilty. Sentence. Two weeks imprisonment.

Francis Hamilton, of the Township of ~ast Gwillim­ bury, Schoolmaster, appeared in open Court and made oath for surety of the Peace against John Reed, David Wilson,

Amos Hughes, Samuel Hughes, 1filliam Reed and Murdock McLeod, all of the Township of East Gwillimbury, Yeomen, whereupon a Bench Warrant was issued.

The Grand Jury came into Court with the follow- ing Bills; The King vs Larceny. True Bill. George Ramsay

The King vs ). Assault and Battery·. Philip Dissett, John Dissett, Jr.,) William McGe~rry, Terence ~ooney, ) True Bill. - 85 -

GENFf~4}~ _QUARTER SJj]S~Jmrn OF THE PEACY£ 21st February, 1834, continued.

The King ) vs ) Larceny. ro Bill. John Davis, John Snider}

The King Larceny. The Prisoner was arraignea_ and vs George Ramsay pleaded Guilty. Sentence. Two months imprisonment.

The King Larceny. The Prisoner was arraigned and vs pleaded Not Guilty, and being ready for George Hassan his trial the following persons were sworn as a

1. Daniel Crawford, 7. Hamilton Dunlop, 2o Sylvester Craig, 8. Israel Gibbs, 3. Isaiah Webb, 9. James G. Demorest, 4. Caleb Powell, 10. Asa Matthews, 5. Enos Causland, 11. Daniel O'Brien, 6. William Cobblediok, 12. Wilfred Sadler. Pro. Witnesses Sworn. Con. George Sloan, John Hart, Thomas MoMurray, John Armstrong, Jane Black, Edward Black, John Crougha.n. Verdict. Guilty. Sentence; Three months solitary confinement.

The Grand Jury came into Court with the follow- ing Bills;-

The King ) Assault and Battery. True vs ) Bill. Whereupon a. Bench Terence Mooney, John Molloy) Warrant was issued@

William Proctor appearea in o~en Court and was recognized as the Son of Thomas Proctor, formerly of the Township of Yonge in the Johnstown JJistrict, an Unitea. Empire Loyalist, whereupon the usual Certificate was signed by the Chairman.

Samuel Proctor appeared in open Court and was recognized to be another of the Sons of the above named. Thomas Proctor. whereupon the usual Certificate was signed by the Chairman. - 86 .....

GE!:TERAL QUAHTBR SESSIONS OJf TllE PEACE Februar~z 21st, 1834, continued.

Thomas Proctor appeared in open Court and was recognized to be another of the Sons of the above named Thomas Proctor, whereupon the usual Certifi.ca.te was signed. by the Chairman.

William Lightheart appeared in open Court and was recognized. to be the Son of Daniel Lightheart, formerly of the TownshiI) of Darlington in the Mewcastle District, deceased, an United Em:Pire Loyalist, whereupon the usual

Certificate was signecl by the Chairman.

The Reverend William Lyle, a native of Englana., a~peared in open Court and was recognized to be a MiniBter of the religious community called the Primitive Methodists, whereupon he took the oath of allegiance to His Majesty and his Certificate under the Marriage Act was duly signed.

The King ) Assault and Battery. The vs ) Defendants were arraigned and Henry Ausman, Ann Ausman,) l)leaded Not Guilty and being ready for their trial the fol- lowing persons were sworn as a -----2--Jurv 1. Edward Lawrence, 7. Daniel O'Brien, 2. Henry Powell, 8. Isaac Campbell, 3. James Roe, 9. Abraham Stoner, 4. James Monger, 10. William Hartrick, 5. Charles Ward, Jr., 11. William Arthurs, 6. Asa Wilson, 12. Barber Nichol, Pro .. Witnesses Sworn, qon. Thomas G-awley, .Daniel Kelly, l\':atthew Carr,

Verdict_; Henry Ausman, Guilty. Ann Ausman, Not Gu_il ty. Sentence; Fine £1. and Costs and to remain in custody till paid. Fine paid to the Sheriff in court. - 87_ -

GJ~lrn~u QUARTER SESSimrs O:If THE PEJ1CE February 21st, 1833, continued.

The account of Mr. David Gibson, Surveyor of Eighways, for services render~d to the District and amount­ ing to the sum of Two Pounds seven shillings and sixpence was laid before the Court, audited and ordeied to be paid

by the Treasurer out of the District funds.

On the Petition of George Taylor :Denison, Ins quire, it was

ORD]JRED 2 That a Grant be issued from the Surveyor of Highways to the said George Taylor Denison for that part of the original allowance for Road between the Letters c. and D. on the Plan annexed to the said Petition, provided the said George Taylor Denison shall produce to the Court a Certificate from the Honourable Alexander McDonell that he has no claim thereon.

The Gra~d Jury came into Court with the follow- ing Bills; The King ) Larceny. True Bill. Thereupon vs ) a Bench Warrant was issued for George Davis, John Davis,) their apprehension.

The King ) Assault and Battery. True vs ) :Bill. Whereupon a Bench Miles Kelly, Michael McGoughey) Warrant was issued. for their apprehension.

The King VS Larceny. No Bill. William Brown

The King vs Assault and Battery. No Bill. Jam.es McCooms

The King Larceny. The Prisoners were vs brought up on the Bench Warrant George Davis, John Davis and. were arraigned but not l)ein0· ready for their trial they were5 permitted to traverse till the next Sessions upon entering

into the' following Recognizance·, .... 88 ,_

Gl~NEM.L QUARTER SESSION2, OF Trtb PEACE

21st February, 1833 2 continued.

George :Davis, . ., •••.• £20.) Conditioned for the Jonathan Gates of the Town- ) ship of Scarborough, Inn- ) appearance of the Defend­ keeper, ...... £20.) John Davis, •..•.... 20.) ants at the next ~uarter The above named Jonathan ) Sessions.to take their Gates, •.••••••. 20.) trial.

Adjourned till to-morrow morning at 10 O' Cloc1c. - 89 -

GENER.AL rJUARTER SESSIOHS OF THE PB.:ACE -~-~-----~--· . •. ·--~------· Saturday ,_E_~E-9:_ :Fe bru~~ry, lE134.

The Court met pursuant to adjournment. Present :Peter :Paterson, Esquire, J.P., Chairman pro temI1ore. George T. Denison, Esquire, J.P •

The King ) .Assault and Battery. The Defend.ant was vs ) arraigned and nleaded Not Guilty and being John ·i:~tilson ) ready for his trial the followi:ng persons vvere sworn as a. Jury 1. Hamilton Dunlop, 7. Daniel O'Brien, 2. William Hartrick, 8. Wilfred Sadler,- 3. Israel Gibbs, 9 .. b;dwarcl Lawrence , 4. Isaac Campbell, 10. Henry Powell, 5. James G. Demorest, 11. James Roe, 6. Asa Matthews, 12. James Monger. Pro. Witnesses Sworn, Con. Terence l1fooney, John Edmonson, William I\TcGeary, Polly Edmonson, Phili:p Dissett, William Coulter, Jobn Dissett. Verd..ict ;_ Not Guilty.

The King ) Assault and Battery. vs ) The Defendants were Phili:p Dissett, John Dissett, Jr.,) arraigned and pleaded William McGearry, Terence Uooney, ) Guilty.

Sentence. Fine and Costs. Philip Dissett £2.; John DisBett Junior, £2.; Wil1iam McGearry, £.2.; Terence Mooney, £4.; and to remain in Custody till paid.

The King Larceny. The Prisoner was arraigned and vs pleaded Guilty. Sentence. One month's .Jane Fenwick solitary confinement. ·

The King ) Assault and Battery. The vs ) Defendants were arrai~ned0 Abraham Stoner, Isaac Simpson,) and l)leaded Ifot Guilty, Mel ton Simpson, ) and being ready for their triel the following persons were Sworn as a Jury 1. Charles Ward Junior, 7. William Cobbled.ick, 2. David Crawford, 8. Barber Nichol . ' 3. Sylvester Craig, 9. Hamilton Dunlop, 4. Isaiah Webb, 10. Israel Gibbs, 5. Caleb Powell, 11. James G. Demorest, 6. l~nos Causland, 12. Asa Matthews. - 90 -

GENERAL QUARTER SESSIONS OF TEE 2EACE -~-~ ----~------~-- - -· . -- - --· -- 22nd F~P!.E-~~-, 1834, continued.•

Pro. \\'i tnesses Sworn, Con. Charles Hadley, William Short, Jacob Spikerman, Edward. ~'ilcJ?heeley, Thomas Clancy, George Ridout, Esquire. Robert Sullivan, Esquire, David Edgar.

The King ) Assault a.nd Battery. Settled with vs ) ·leave of the Court on payment of Alexander E. McDonald) Costs~

The King ) Assault and Battery. The Defendant was vs } arraigned and pleaded Not Guilty, and being Michael Mahoney) ready for his trial the following persons were sworn as a Jury_ 1. Daniel O'Brien, 7. Charles Ward, Junior. ~. Wilfred Sadler, 8. David Cravvford., 3. Henry Powell, 9. Sylvester Craig, 4. Edward Lawrence, 10. Asa Wilson, 5. James Roe, 11. Isaiah Webb, 6. James Monger, 12. Caleb Powell. Pro. Wi tne~rnes Sworn, Con. Jane Brown, Jeremiah Scanlan, Richard Brown, Ellen Sullivan .. Verdict. Guilty. Sentence. Fine £2. and Costs and to remain in custody till paid,

The King ) Assault and Battery. vs ) Settled with leave of the William :Brown, John Brown, ) Court on payment of Costs, Robert Brown, Edward Phillips,) which were accordingly paid in Court.

Th~ King Larceny. The Prisoner was arraigned vs and pleaded Not Guilty·and being ready Elizabeth O'Leary for her trial the following persons were sworn a.s a

1 • .B..nos Causla.nd, 7. James G. Demorest, 2. William Cohbledick, 8. Daniel O'Brien, 3. Barber Nichol, 9. Wilfred Sadler, 4. Hamilton Dunlop, 10. Henry Powell, 5. Israel Gibbs, 11 .. James Roe, 6. Isaac Campbell, 12. Charles Ward, Junior. Pro. Witnesses Sworn. Edward. Rutherford, John Ross. - 91 -

_QENERAL QUARTER SESSIONS _OF TirE _P}.h.CE _ February, 1834, continued.

Verdict; Guilty. Sentence; One month's solitary confinement.

The King. Assault and Battery. The Prosecutor, VS John Brennan, was called a.nd not appear­ 'William Dundas ing the Defendant was dische.rged by :procla.me,tion.

The King Assault a.nd Battery. The Prosecutor, 7.rillie.. m vs Dundas was called and not appearing the John Brennan Defendant was I)ischarged by :proclamation.

The King ) The Prosecutors were called and not vs ) appearing the Prisoner was discharged Timothy Desmond) by Procra.mation.

The King The Prosecutor was callea. and not appearing vs the Prisoner was d.ischarged by Procls.rnation. John Roche

Adj ournea. subject to the call of the Chairman. - 92 -

ADJOURNED GENERAL . QUl1.RTER SESSimrn-- OF THE PEACE __

Monday_,_ ___3rcl March.J __ 1834.

The Court met :pursuant to tbe call of the Chairman. Present D*Arcy Boulton, Junior, Esquire, J.P •• Chairman. Peter Paterson, Esquire, J.J?.

The account of Mr. George Duggan, the Coroner, for services rendered to the District u:p to the 2nd instant and amounting to the sum of Eight Pounds three shillings and ten :pence halfpenny, was laid. before the Court, audited and ordcered to be paid b~r the Treasurer out of the District funds.

The Petition of William B. Phip:ps for a Tavern License was read and granted at £3.

Adjourned subject to the call of the Chairman. - 93 -

ADJOURNED GEN~RAL QU.A.RTER SESSIONS OF THE PEACE -· . ·------~------~-~-~~-··-··-·------~-···------__, ______----·--·- Monda~ 21s t ... !P!il.., __ _1834.

The Court met pursuant to the call of the Chairman Present

D*Arcy Boulton Junior, l~sq_uire, J.P., Chairman, Peter Paterson, ~squire, J.P.

A. communication from William .Benjamin Robinson, .E}squire, a Justice of the Peace, dated the 16th instant, sta.ting that the usual .Annual 'rown t,~eeting for the present year had not been held for the Township of Whitchurch, and suggesting the appointment of Isaac Playter and John Sharp as Assessors, and John Hartman as Collector, for the same Township for the :present year, was laio. before tqe court and. read, and upon referring to an Act of the :Provincial Parliament of the last Session, it being found that the

Court was empowered. to make such appointments, the same were made accordingly.

The Petitions of the following persons for Tavern Licenses were laid before the court, reacl and. granted at the following rates {that is to say} John J:!}lson, £7.10; Thomas Anderson, £6.; and John Creaser, £3.

The following occounts were laid before the

Court, audited and. ordered to be paid by the Treasurer: -

Gaoler's account for insane persons for 1st Quarter ending 1st April instant, .£43. 5. 4½ The Prosecutor ~oolstencrofts' expenses, Rex vs Coppindon, • . . . • • • • . • • .16. 9 Messrs. Ridout for articles furnished for the Cholera Hospital, • • • • • • • . • 5. 1. 3

Adjourned subject to the ca11 of the Chairman. - 94 -

ADJOURNED GEl1ER.1H QUARTim SESSimrn OF THE J?.G.u.CE Wednesday, 30th April, 1834.

The Court met :pursuant to the call of the Chairman. Present D'Arcy Boulton Junior, Esquire, J.P., Chairman, Robert Stanton, ) Peter Paterson, ) George Monro, ) George T. Denison,) Esquires, J.P. William Thompson, ) Grant Powell, ) Alexander Wood, )

The copies of the resolution and of the Report of the stand.ing Cammi ttee on Police, Prisons, &c., of the Court of Common Council of the City of Toronto respecting the appointment of Watchmen for the Gaol, and also a copy of a Resolution of the same body respecting the appropria­ tion of certain rooms in the Court House to the use of the

Corporation, which had been forwarded by the Mayor to the Chairman, were laid before the Court ancl read, and it was

ORDERED, That the Clerk of the Peace be directed. to acknowledge the recei~t of the copies of the Resolution and Report above referred to and also the Resolution re­ specting the appropriation of Rooms in the Court House, and. with regard to the latter resolution that· he be author­ ized and required to acquaint the Court of Common Council

r through their proper Officer that the !'n:agistrates of the Home District cannot accede to the appropriation applied for inaemuch as they would thereby subject the District Officers and others connected with them to great inconven- i ence. Also it was

OBDERED, That the Clerk of the Peace l)e directod in the name of the Magistrates earnestly to call the attention of the Court of Co1mnon Council to the Treasurer's communication to that body of yesterday's date respecting - 95 ....

ADJOURNED G:FlNJ.rnJ1L QUARTER SESSIONS OF TIU~ PEACE WednesclaY-, 30th April, 1834, continued. the avoidance of the Fire Policy on the Market House by reason of the Exhibition now taking place therein.

The Petition of Mr. John Fenton, the Police Clerk, was laid before the Court and read, and it was ORDER8JD, That the Police Room in the Court House be retained for the use of the Magistrates of the Rome District and that he be permitted. to occupy the same as the Police Office of the District receiving the accusto~ed fees only but that no salary be allowed to hi1n in future.

ORDERED, That the Clerk of the Peace do s·ign and issue a certificate for the sum of Eighty rounds ten shil­ lings, the amount of the arrears of Salary due to the Police Clerk, and payable out of the J?olice funds, for the purpose of being laid before the Court of Common Council of the City of Toronto for payment.

The Treasurer's account of the Police fund for the City was laid before the Court, audited and approved, and it was ORDERED, That the Clerk of the Peace do sign and issue a Certificate for the sum of Qne hundred and sixty I four :pound.s three shillings and sixpence, the balance due to the Treasurer for the :purpose of being laid before the said. Court of Common Council for payment.

The following accounts were laid before the Court audited and ordered to be paid by the Treasurer out of the District funds. Rook and Ladder Company, • • • • • • • • £34.19. 5 The Sheriff for services·to 12th April inst.,. 60. 4. 9

Adjourned subject to the call of the Chairman. - 96 -

GE:NERAL Q.~AR~ER SES SI mm OF THE PEACE' Hm.rn DISTRICT City of Toront.o, Tuesday, 6th ~ay, 1834.

Present D'Arcy Boulton Junior, Esq., J.P., Chairman, Peter Patersont ) Edward W. Thompson,) Esquires, J.P.

The Commission was r.eaa.. The Precept was returned by the Sheriff. The Grand Jury was called and sworn as follows: 1. Sinclair Holden, Foreman, 2. Ira White, 8. Benjamin Marr, 3. 'William Reynolds, 9. Jacob Marr, 4. Joseph Marr, 10. William Marr, Junior. 5. Christopher Reeser, 11. George J.Iustard, 6. William Anderson, 12. William Clark, 7. Alexander Thompson, 13. William Armst-rong, 14. John Robinson.

The charge was given by.the Chairman to the Grand Jury.

The following notices of the several persons hereinafter named were proclaimed by the Crier pursuant to the :provision for that :purpose contained in the Provin­ cial statute IV Geo: IV, o.7.

Henry John Boulton late of the Town of York but now.of St. John's in Newfoundland, Esquire, for Lot No.5 on the North side of Front Street and West side of Bay

Street in the said Town of York.

The Honorable and Venerable , of the City of Toronto, D.D., Archdeacon of York, The Honorable William Jillan of the same place, l~sq_uire, and the Honorable ·Thomas Clar]r of Stamford, Esquire, for Lots Numbers 16 and

21 in the 10th Concession, Lot Rumber 22 and vlest half of

}Tumber 18 in the 12th Concession, the West half' of number

18 in the 12th Concession and Lots Numbers 18 and 19 in the 13th Concession of the Township of vespra. - 97 -

GENERAL QU.P... RTER SES:SIONS OF THE PE.ACE May, 1834, continued.

John Solomon Cartwright, of the Town of Kingston, Esquire, for the North half of Lot Number 27 in the 11th Concession, Lots }Jumbers 25 and 26 and the South half of Lot 1:Tumber 27 in the 12th Concession, anrl Lots :Numbers 22, 23 and 24 in the 13th Concession of the Township of Mara.

Michael McGovey of the Township of Tecur.1seth, Yeoman, for the East half of Lot Number 8 in the Fourth Concession, and the West half of Lot Number 12 in the 5th Concession of the Township of Adjala.

Peter Robinson of the Town of York, Esquire, for Lot ]fo.23 in the 2nd Concession of the Township of Pickering, Also for Lot No.21 in the 4th Concession of the same Township. Also for Lot No.30 in the 3rd Concession of the same Township. Also for Lot No.19 in the 4th Concession of the same Township.

Sarah Ellen Evert of the Township of Louth in the District of Niagara, wife of John Evert; Harriet Louisa Russ of the Township of South Dorchester in the District of London, wife of Calvin Russ; and Catherine Margaret Stephenson of the said Township of Louth, Spinster, for Lots Nos. 19 and 22 in the 1st Concession; 23 and 24 in the 2nd Concession of the Township of Etobicoke; and Lot .. No. 35 in the 8th Concession of the Townshi:P of Vaughan.

Thomas !,foGory of the Township of Tecumseth, Yeoman for the East half of Lot No.8 in the 4th Concession, and the West half of Lot No.12 in the 5th Concession of the Township of Adjala. - 98 .-

(}t~E~··-- __ QU.1:rnTEH SESSIONS OF TEE Pl~ACE May, 1834, continued.

John C. Jfralick, John Lewis Fralick, Jacob Fralick and Benjamin Fralick, all of the ~idland District, Yeomen, for Lots Nos. 21, 22, and 23 in the 18th Concession; and Lot No.23 in the 17th Concession of the Township of Tiny.

James Smith of the Township of Esquesing, Yeoman, for the South West quarter of Lot No.13 in the 12th Con­ cession of the Township of :.7est Gwillimbury.

Mark Foley of the Township of Caledon, Yeoman, for the East half of Lot No.31 in the 2nd Concession of the Township of.Adjala.

Agnes McCartney of Hallowell in the I)istrict of Prince Edward, Widow, and John Lane of the same place, Yeoman, for Lot r1umber 14 in the 10th Concession of the Township of Reach.

Marshall Loveless of the Tovvnship of Camden East in the ~idland District, for Lot No.30 in the 3rd Concession of the Township of Pickering.

Henry John Boulton late of the Town of York but now of St John's Newfoundland, Esquire, for the South half of Lot Number 4 in the 8th Concession of West Gwillimbury.

David Mulholland. of the Township of York, Yeoman, for the West half of Lot No.l in the 4th Concession of the

Township of Albion.

John Mills of the City of Toronto, Hatter, for the North East Quarter of Lot No.24 in the 7th Concession of the Township of Albion. - 99 - GENERAL QUARTER SESSIONS OF THE pgACE ------·-,·----....· - jJax_,__1834, continued.

Catherine Anne I.f'.:argaret Lyoent, wife of John Lyoent, of the Town o±; 17iagara, Esquire, for the West half of Lot number 24 in the 6th Concession East of the Centre Road in the Townshi~ of Ohinguaoousy.

John Iforth of the Township of Marysburgh in the Midland District, Yeoman, for Lot No.20 in the 7th Conces­ sion of the TGwnship of Brock.

Patrick Brazel of the To11mship of Tecumseth, Yeoman, for the North fifty acres of Lot No.24 in the 6th Concession of the said Township of Tecumseth.

William Manning Junior, for 100 acres in the Township of Tecumseth, being the South half of Lot 24 in the 2nd Concession of the same Township.

Robert Rutherford of the City of' Toronto, :Mer­ chant, for Lot No.8 in the 14th Concession of the Township of Brock. A Bailiff was sworn to attend the Grand Jury.

The King ) Assault and Battery. vs ) Settled with the consent of Joseph Harris, John Johnston,) the Court on payment of Robert Harris. ) Costs, which were :paid. ac­ cordingly to the Clerk of the Peace. The Grand Ju.rJ came into Court with the fol1mv- ing Bill.­ The King vs 1Wisd.emeanor., No Bill. George F. Warnicke

.Adjourned till 10 0' Clock to-morrow morning. - 100 -

Wednesd_?...y, 7th May, 1834·.

The Court met :pursuant to adjournment.

Present D 'Arey Baul ton Junior, Esquire, J.P., Chairman, Peter Paterson, Esquire, J.P.

The King Assault and Battery. Traverse from the vs Ann Hadley last Sessions. Jury sworn. 1. John Mapes, 7. William Clendinning, 2. ~oses Gamble, 8. William Pool, 3. Justus Reynolds, 9. Hiram 1.Ciller, 4. John Gamble, 10. John Eiller, 5. Austin Nobles, 11. John Bell, 6. William Bebee, 12. Jacob Miller .. Pro. 7ti tnesses Sworn. Con,. Mary Simpson, Charles Hadley, Junior. Letty Simpson, John Davis, James Simpson .. Verd.ict; Guilty. Sent~nc~_;_ Fine 5s. and Costs, and to remain in Custody till paid .. The Fine was paid to the Sheriff in Court. The Grand Jury came into Court with the follow­ ing Bills; The King vs Larceny. No Bill. John Barry

The King ) Assault and 13attor;;,,. vs ) True Bill. 1.n1eretq)on Sarah Hutchinson, Hannah Hutchinson) a Bench Warrant was issued. The King Assault and Battery. Traverse from the VS Mary Simpson last Sess::ions. Jury Sworn. 1. Peter Mustard, 7. John Mapes, 2. Caleb Brooks, 8. r.:oses Gamble, 3 • .Alexander ?·.:ustard, 9. Justus Reynolds, 4.. Luton ]\Tiller, 10. John Gamble, 5. William Mapes, 11. Austin Nobles, 6. John Anderson, 12. William Bebee. - 101 -

GENERAL QUARTER SESSIOI1:3 OF TILE PELC:S _ _,.,.,__ May, 1834, continued.

Pro. Witnesses Sworn. Con. Ann Radley, John Davis, Charles Hadley, Jr., Letty Simpson, Charles Radley, Senr., James Simpson. Verdict; Not Guilty. The Chairman certified J;)robab1e grounds for the :prosecution.

The Grand Jury came into Court vd th the follow­ ing Bills;- The King vs Assault and. Battery. True William Reed Jr., & others Bill.

The King vs Misdemeanor. True Bill .. George Hill

The King ) Assault and Battery. True Eill; vs ) William Reed Jr., ) whereupon a Bench Warrant was Ylilson Reed., John rforris,) ·issued.

~Che King ) vs ) Assault and. E-attery., William Reed, Jr., John Morris) True Bill.,

The Reverend Joseph Stinson of the City of

Toronto appeared in open Court and. was recognized_ as being a Minister of the Wesleyan Society or connexion, whereu11011 he took the oath of allegiance to His Majesty and his

Certificate unc1er the Marriage Act was d.uly signed.•

Ldjourn_ea to 10 0' Clock to-morrow morning. - 102 -

GENEE1:..L .. 9UARTTm SESSIONS OF TEE Pi~~CE

Thursday,--· ___ , .....,.-_,8th .. _.._._.. Ma-v, :::::::...,,/.. __ , ______1834. ---

The Court met pursuant to adjournment. Present D'Arcy Boulton Junior, Esq., J.P., Chairman, Robert Gillespie,) Pe~er Paterson, ) Esquires. J.P.

The King ) Assault and Battery. The Defendants vs ) were arraigned and pleaded Not Guilty, Hannah Hutchinson,) and being ready for their trial the Sarah Hutchinson, ) following persons were-sworn as a _Jury_ 1. John Mapes, 7. William Pool, 2. Itoses Gamble, 8. Hiram Miller, 3. John Gamble, 9. John TUll er, 4. Austin Nobles, 10. John Bell, 5. William Bebee, 11. Jacob Miller, 6. William Clendinning, 12. Peter Mustard. Pro. Witnesses sworn.

Elizabeth Young, ---····-1..Verdict· Guilty. William Young, Jacob Latham, Sentence; Fine 5s. and one months Henry Bacon. solitary confinement.

The Reverend William Cook of the Township of Chinguacousy appeared in open Court and was recognized as being a Minister of the Baptist connexion or society; where­ upon he took the oath of allegiance to Eis ~1~aj.esty and his Certificate una_er the Marriage Act was duly signed.

The King Larceny. Traverse from the vs last Sessions, to try which the George Davis, John Davis following persons were sworn as a Jury

1. John Ma:pes, 7. rHill.iam Pool, 2. I.loses Gamble, 8 • R i ram ~ '. i 11 er , 3. Austin Nobles, 9. John 1Hller, 4. William Bebee, 10. John .Bell, 5. ~illiam Clendinning, 11. Peter J\'Iustard, 6. John Gamble, 12. Alexander Mustard. - 103 -

GENEPJlL QUARTER SESSIONS OF THJ~ PEACE __B.§1:, 1834, continued.,

Pro. Witnesses Sworn. Con. Charles Radley, James Simpson. Peter Morell, George Vaughan, Jane Cowan, Verclict; 1Tot Guilty Charles Hadley, Jr., John Snider. George Ridout, Esquire, the Counsel for the Prisoner, applied for a. copy of the Indictment, which the Court refused.

Ordered; That Thomas Boyde of the TownshiIJ of i'J1edonte be appointed a Surveyor of Highways for the same Township for the ensuing year, and that the Clerk of the Peace do notift him of his appointment· accordingly.

ORDERED~ That all the_ present Surveyors of Highways for the several Townships throughout the :District for the past year be reappointed and continue to act as Surveyors of Highways for the ensuing year for their re­ spective Townships.

ORDERED; That the full rate of one penny in the pound on all rateable property within the District be made for the ensuing year.

The Grand Jury came into Court and approved of the expend.i ture of the sum of One hundred and seventy seven pound.s fourteen shil] ings and one penny currency for the support of Insane Destitute persons during the past year, and The Grand Jury authorized the sum of One hundred and eighty pounds to be appropriated for the same purpose for the ensuing year. .. ~ 104 -

May, __ 1834A continued.

ORD]~Bl~D :__ That the following persons be apr,ointed Constables for the ensuing year, for the following Townships~ ( Jolm Patrick, (William Kendrick, Township of York. (John McBrid_e, (John Porter, ( Edwara_ Turley. (R. R. W. Donaldson, Whitby. (John McGregor, Jr., (Thomas N. Scripture. (Charles Radley, Pickering, (William Hartrick, (John Hartrick, Jun. ('Nilliam Pherrell, Scarborough, (Jonathan Gates, (John W. Crosby-, l\~arkham, ( James Devine, (William Ketchum, (David Bridgeford, Vaughan, (Ebenezer White, (Thomas McAdams, (William Garbu.t, wni tcburch, (John Mair, (Thomas Davis, (John Cosfora, King. (David Kennedy, (Joshua Stevens,

!forth Gwill imbury, David Sprague. East Gwi1limbury, James Evans, (Vtilliam Reed, West Gwillimbury, (Simon Armstrong, (John Daly. Georgina, John Corner. (Kenneth Cameron, Thorah. (Archibald McBane, (John Giles, (John Wilson, Etobicoke, (Andrew Ward, (Thomas Dawson. Caledon, Constantine Murphy, Albion, Albert Finch. - 105 -

GENERAL QUART1m SESSJONS OF prn_PE.ACE May, ~~34, continued.

{Robert Trimble, (Alexander Davidson, Chinguacousy, CMar'tin Salsbury, (James Brown, Uxbridge, (John P. Plank.• (John Castler, Reach; (George Moore, {Reuben Crandal,

(Daniel Marigold, (Charles Cameron, (Patrick Heron, Toronto, (Samuel Goodwill, (.Nathaniel Cooper, (Michael Crawford, Tecumseth, (Alexander Reed, (Thomas Hurst,

Adjala and Mono, John Cohean, Penetanguishene, (Robert Jeff, (Lewis Cummings,

.And. it was ORDI~RJID; That every Innkee1)er throughout the :District whose name may not be mentioned in the above list be also appointed a Constable in addition to the Constables above named. The King )Assault and Battery. Settled vs ) by leave of the Court on pay- '<:Tilliam Reed., John Morris,) ment of Costs, which were :paid accordingly to the Clerk of the Peace.

The King ) Assault and Battery. Settled vs ) by leave of the Court on pay- William Reed, Junior, ) ment of Costs, which were paid Wilson Reed, John Morris,) to the Clerk of the Peace accord­ ingly.

The King vs Assault and Battery§ Settled John Reed, David Willson, by leave of the Court on Amos Hughes, Samuel Hughes, payment of Costs, which were William Reed, Murdoch McLeod,} paid to the Clerk of the Peace accordingly.

The Jnng vs Misdemeanor. Settlea by leave_of the Court George Ilill on payment of Costs, which were paid to the Clerk of the Peace accordingly.

Adjourned subject to the call of the Chairman. - 106 -

GENERAL. QUARTER SESSIONS m., TH_~ 1?i~g-~~~,_11m;:ll_PI STRICT,_

City of_ T~1-~onto 2 TU0?_9-~__,. _ _l_§t Ju,1_y_,___l~~~~-~

Present James FitzGibbon, Esquire, J.P., Chairman pro tempore. Peter Paterson, ) Edward W. Thompson,) Esquires, J .P·.

The Commission was read.

The Precept was returned by the Sheriff.

The Grand Jury was called and. sworn as follows: -

1. John Kline, Foreman, 2. James V'u'ilkie, 10. William Clifford, 3. Alexander Lawrence, 11. Richard Hutchinson, 4. John White, 12. Donald Cameron, 5. Matthew Lymburner, 13. Robert itrnola, 6. Thomas Cook, 14. George Mu.nshaw, 7. Miles Langstaff, 15. James Gallanough, 8. Jacob Munshaw, 16. James Clifford, 9. Eber White, 17. Rowland Burr,

The Charge was given by the Chairman. The Bailiff was sworn to attend the Grand Jury. The Reverend Zenas Adams of the Township of Toronto appeared in open Court and was recognized as being a ~inister of the Wesleyan IsTethodist Church, whereupon he took the oath of allegiance and his Certificate under the marriage Act was duly signed.

The Account of the Sheriff for disbursements on account of the District up to the 12th A:pril last, was laid before the Court and audited, at the sum of £293.19. 2 and ordereu to be :paid out of the District funds.

The Petitions of the following persons for Tavern licenses were laid before the Court, read and granted, viz: John ~fair, Finnan Mcl)onalcl, and Henry H. Clark.

The account of ~essrs. Leslie for stationery furnished for the use of the District up to the 5th :May last - 107 -

GENERAL QUARTER SESSIONS OF THJ~ T'EAC.S July, 1834, continued. was laid before the Court, audited and orderea to be paid by the Treasurer out of the District funds, amounting to the sum of £13. o. 3}.

The account of Mr. John Fenton for fire vrnod sup­ plied. to the Clerk of the Peace and Treasurer's Offices, amounting to the sum of £12.10~ was audited and ordered to be paid by the Treasurer out of the District funds.

ORDERED, That John Moore of the ToYmship of Etobicoke be appointed Pathmaster for that portion of Road in the said. Township which lies between the First and Second Concessions thereof and that he be notified of his appointment by the Clerk of the Peace, and do enter upon the duties of his office forthwith.

ORDERED, That Mr. Joseph Spragge be ap1')ointed

Pathmaster of ths.t portion of Road in the Township ~f York which lies between Sandford.' s Corner and the Rumlrnr Bridge, and that he be notified of his a1mointment by the Clerk of the Peace and do enter upon the duties of his office forth­ with.

The account of Alexander Thompson for flagging done in front of the Bay in the Tovm of York amounting to the sum of £32. 8. 6, was laid before the Court a.nd aud.i ted •

.A.dj ourned till 10 0' Clock to-morrow morning. - 108 -

GENERA.L G:UJrnrrER S:2:SSIOl:13 OF TT-IE P!G.ACE Wednesday, 2nd July, 1834.

The Court met pursuant to adjournment. Present James FitzGibbon, Esquire, J.P., Chairman pro tem:pore. Peter Paterson,) John W. Gamble,) Esquires, J.P.

The Grand Jury came into Court with the follow­ ing Bills:- The King ) Assault and Battery. True Bill, whereupon vs ) Ann Hadley) a Bench Warrant was issued.

The King ) vs ) True Bill.· Larceny. Thomas Reed, Jr., John Reed,)

The King True Bill; forcible entry vs Thomas Reed,Jr., John Reed a.ncl detainer.

Adjourned till 10 O'Clock to-morrow morning. .... 109 -

ThursdayL 3rd July, 1834.

The Court met :pursuant to adjournment. Present James FitzGibbon, Esquire, Chairman (pro tempore) Peter Paterson, ) Charles C. Small, ) Esquires, J.P. John W. Gamble, )

The King ) Larceny. The Defendants were vs ) arraigned ancl pleaded 1'-Sot Guil t:l Thomas Reed Jr., John Reed,) and being ready for their trial the following persons were sworn as a Jug 1. Willia!rl Kenworth, 7. Charles McKinnon, 2. Thomas Chadwick, 8. Isaac Gordon, 3. Peter Rupert, 9 .. John Darling, 4. Thomas Sharp, 10. John Kernes, 5. Cunningham Mitchell, 11 .. Amos Wright, 6. John Line, 12. Abraham Larr.

Pro. 11a tnesses Sworn, Con. James Creighton, Thomas Reed, Senior. Thomas Creighton, Robert Creighton, James Creighton, Senior. Not Guilty.

The King ) Forcible entry and detainer. vs ) The Defendants were arraigned Thomas Reed Jr •• John Reed) and :pleaded ]Jot Guilty, and being ready for trial the following persons were sworn as a Jury_ 1. William Kenworth, 7. Charles McKinnon, 2. Thomas Chadwick, 8. Isaac Gordon, 3. Peter Rupert, 9. John Darling, 4. Thomas Sharp. 10. John Kernes, 5. Cunningham Lli tchell, 11 •.Amos Wright, 6 • John Line , - 12. Abraham Larr. Pro. Witness Sworn. George Stewart. Verdict; Not Guilty. The Court adjudged the Indictment insufficient and ordered another to be prepared

and laid before the Grand Jury. The matter, however, was aftervvards settled between the :parties by leave of the Court. The Chairman certified probable grounds for the Prosecution. - 110 -

GENERAL· 1~UART:::m SE-SSI01TS 01? '.:L1HE PE.ACE July, 1834, continued.

The King ) Assault and Battery. The Defendant was ar­ vs ) raigned and pleaded Not Guilty, and not being Ann Radley, ) ready for her trial the Court permi ttecl her to traverse till the next Sessions on entering into the following Recognizance. Charles Hadley {Defendant's husband.) of the Town­ ship of Pickering, Yeoman, ..•... • £20. William Hadley of the Township of Reach,Yeoman, 10. William Hartrick of the said Township of P i ck er ing , Yeo man , . .. ,. . . • • • . • . . . . . 10. Conditioned for the appearance of the Defendant at the next General Quarter Sessions of the :Peace to take her trial u~on this traverse. The Prosecutrix, Judith Ballard, upon the la.st mentioned Indictment entered into the following Recognizance; William Ballard (Prosecutri:x's husband) of the Township of Pickering, Yeoman, ...... •...... £20. Gideon :Daton of the Township of Reach, Yeoman, 10.

J.bner Burd of the same Township, Yeoman 1 10. Conditioned. for the a.11:pearance of the Prosecutrix at the next General Quarter Sessions of the Peace to :pro­ secute and. give evid.ence upon the above mentioned traverse.

The Reverend Peter Jones of the River Credit in the Township of Toronto appeared in open Court and was recognized as being a ~.Unister of the Wesleyan T/lethodist Church, whereupon he took the oath of allegiance and his Certificate under the Marriage A.ct was duly signed.

Jemima Houck of the Township of Whitby, ~idow of John Houck appeared in open Court and was recognized as a daughter of the late William Kerr of the Tm,vnship of Corn­ wall in the Eastern District, t.:m U .E.Loyalist, and a Certi­ ficate was signed by the Chairman accordingly.

The like of Catharine Taylor, wife of John Taylor of the Townshi11 of Whitby, who was recognizea. to be another daughter of the said William T,~err. - 111 -

July,_ 1834 ,__ C(?_pt inued.

The like of William Kerr of the Township of Whitby who was recognized t~ be a son of the said William Kerr. The like of Mary Turtle, ':"..1idow of the late Numan Turtle of the Township of Whitby who was recognized to be another daughter of the said William Kerr.

In the matter of the Report of Mr. Henry rming

of R Road in the Townshi:p of Reach, a motion to confirm the same was made by Mr. Ridout of Counsel for Daniel Daton a.na. other~1, the a.:pJ)licants, which being opr)osed by :·tr. Bell of Counsel for William Hadley the following persons were Sworn as a _Jury 1. \7ill ia.m Kenworth, 7. Charles McKinnon, 2. Thomas Chaclwick, 8. Isaac Gordon, 3. Peter Rupert, 9. John Darling, 4. Thomas Sharp, 10. John Kernes, 5., Cunningham Mitchell, 11. Amos Wright~ 6. John Line, 12. Abraham Larr. Pro. ·:n tnesses Sirvorn, Con.

William Hepburn, Vtilliam Hadley, Henry Ewing, Gideon :Daton. Verdict; Report confirmed which see entered Road Report Book No.1, p.44.

On the application of the Captain and Secretary of the Fire Company of the City of Toronto, it was

ORI?,~RED_, That the Fire Compa,n::,r be at 1i bertJr to make such alterations and additions as may be necessary for having the Bell, which they have lately purchased, properly suspended on the top of the Engine Rouse.

The Report of rdr. David Gibson, Surveyor of High­ ways, of a Road in the Township of Etobicoke from the 2nd Concesnion in the said. Township to the Lake Road was laid - 112 -

July, 1834, continued. before the Court and read ana there being no 01lposi tion the same was ordered to be and was confirmed accordingly. {See Report entered Road Report Book ITo.1, p.40.)

The like of a. Road near Cummers 1"Hlls in the Tovm- shi:p of York.. (See Report entered Road Report Book Ho.l,

:p. 42) •

Mr. Bell of Counsel for William Arthurs made an ai-,:plication for eom:penBe.tion for land taken for t:b~e la.st mentioned Road which is to be disposed of at a future Sessions if the said Willie.m Arthurs should think fit to

_prosecute his claim~

Adjourned till 10 O'Clock to-morrow morning. - 113 -

1 ] rid.e;v 4th Jul_y 1834,. ------&l...J___- - -1---~--- ~

The Court met pursuant to adjournment.

?resent

James Fit zGi bbon, Esq_. , J.P., Chairman :pro. tem. Henry Ewing, ) Peter McDonald,) Esquires, J.P. Peter }?aterso11,) Francis Leys, )

ORDF.!RED, That the Clerk of the Peace do write a circular letter to all the Magistrates of the District requesting them to give Certificates of the several services

:performed by the Cons ta bl es, to. be :prociuced upon presenting their accounts against the District to be audi tea.•

The following accounts were laia" before the Court and audited and. ordered to be paid by the Treasurer out of the District funds.

Thomas N. Scrir,ture for services performed as

Constable up to 7th May last, . & ,. ••• £17. 4. 2

William Hartrick the like up to 4th Nov.last, 11..11. 6

:Mr. H.. Ewing for surveying a Road in the Township of Reach, ...... L17. 6

W. H. Draper, Esq., for two legal opinions, •• 4.US. 4 John Reid for services as Constable to 31st March last, ••••..• 4 .. 14 .. 7+-2

=Er. George .Duggan for services as Coroner to

30th April 1ast, . . . • • • • • . • 15.18. 4Lid :Mr. James Cull for plan of :Market G-a.tes, 2. 2. :Mr. George Duggan for services as Coroner to 4th June last, . . • . • • ...... 4. 1. :Jr. Thomas Duggan for services as Surgeon at Coroner's Inquest, • . • • • . •••.. 1. 5.

Rex vs Simpson 8:; others, \ra tnesses charges probable grormcls certified,, . • ••.. 6. 7. 6 - 114 ....

July, 18~4, continued.

The following persons who were summoned by the_

Sheriff on the Tetit Jury having been called three times in open Court and not appearing throughout the Sessions, the Court amerced them the sum of five shillings each, viz:-

1. Ahijah Dexter, 7. Chrhitopher Murray, 2. Neil McGillivray, 8. Alexander Beating, 3. Thomas Sloan, 9. John Mulloy, 4. James Drummond, 10. ]Ieil Mulloy, 5. Joel Kinnee, 11. John Bea.ting the Elder, 6. Abel Kinnee, 12. Angus Cameron .. 12i. John Chadwick.

Adjourned to the Clerk of the Peace's Office subject to the call of the ChainnE.l.Ila - 115 .... M)JOUIDJED _GENERWQU.ARTRH SESSIONS 0~ THE 5EACF~_ Thurs

The Court met pursuant to the call of the Chairman. Present Grant Powell, Esq., J.P., Chairman pro h~c vice. James FitzGibbon,) .Alexander Wood, ) Esquires. J.P. Peter Paterson, ) Robert Gillespie,)

The communication of the 9th ult. from IIis F.iXcel-. lency the Governor to the Sheriff respecting the present state of the Gaol, was laid before the Court and read, and the following reply ordered to be transcribed,

signed by the Chairman and transmitted forthwith; City of Toronto, 24th July, 1834. Sir, The Sheriff of the Home District has submitted to the Magistrates in General Quarter Sessions assembled the presentment from the Jurors of the City of Toronto and your letter to him of the 9th ult. requesting "that immea.ia te measures may be taken to bring before the Magistrates of the District the disgraceful state of the Gaol of the Rome Dis­ trict and with a view of ameliorating the condition of the prisoners requesting him to report to His Exce1lency- how far he may be able to render assistance in remedying the evils complained of.n The T

Chairman on this occasion to make the following remarks u:pon it for the information of IUs Excellency the Lieutenant Governor. The Jurors appear to be, and most probably were, wholly ignorant of the manner in which the funds of the - 116 .. ~

24th July, 1834, continued.

District are locked up by the siatutes authorizing the loa~ for the erection of the Gaol and Court House. · By the Statute 4th Geo:IV, ch.24, the erection of the present build­ i:'lgs was authorized and it was directed that all monies arising from the rates and assessmepts not required for the payment of the ordinary and inc id.en tal exp ens es of the Dis­ trict should be a:pplied for that purpose, and the loan of

£4000 sanctioned by the Act was coupled with a provision that not less than £250. should be annually applied by the Treasurer tmvards the payment thereof together with all such monies as might remain in his hands after the pa,yrnent of the ordinary and incidental charges of the year. A fur-- ther loan of £2000. was authorized by the Statute 6, Geo.IV, ch.4, coupled with a similar condition for the arplication of the sum of £150. per annum~ The evident intenti.on of these enactments is to prevent any expenditure of the monies arising f:i:·oE the rates and assessments after payment of the ordinary and incidental expenses of the District, except in liquidation of the sums loaned, and in conformi t~r with those laws the .Eagi~trat~s have abstained from any ar)propriation of the District funcls other than for purposes fairly coming within the meaning of the terms nthe ordinary and incidental exr1enses of the

District" which have latterly been greatly augmented by the Aci of the legislature charging upon the district funds the maintenance of insane persons. There is no doubt that a sufficient wall round the Gaol Yard would be a great"im­ provement, bu the :,1agistrates can only regret that the state ... of the District funds applied by law to other purposes, prevents them for the present undertaking that or any other - 1117 -

July, 1834, continued. improvement equally desirable for the public benefit and convenience. A knowledge of the true state of the case would have, of course, prevented. the Jurors from making this a subject matter of co~plaint, and it is to be regretted that information so easy to be obtained does not appear to have been asked for.

A little further inquiry and examination into the plan of the Gaol would also have relieved them from the necessity of presenting a want of ventilation as an existing evil since there is not a cell in which a thorough draught may not be had and the debtors rooms have windows of large dimensions which may be opened at pleasure. The confine- ment of maniacs, however, does occasion a nuisance which no ventilation can thoroughly cure and these unhappy beings in their,:paroxysms occasion a very considerable degree of annoyance and suffering to the other prisoners. This is an evil beyond the control of the Magistrates and.can only be remedied by the L~gislature by whose Act (11, Geo:IV, ch.22,) the Common Gaol of the District has been declared a legal receptacle for insane persons. It is also unfortunate that the time at which the

Jurors inspected the Gaol and found such great need.. of whitewashing, should have been just at that per1od when the annual whitewashing and. cleansing usually takes place. A delay of a short time would have presented the Gaol in a very different state from what it was at that moment. But it should also be borne in mind that places in which crimin­ als of every cast are confined cannot be alwa~rs in a state of perfect neatness and order since it is impossible to restrain those reckless and dissolute individuals who take - 118 -

July, 1834, continued. pleasure in wantonly defacing and destroying the apartments in which they are kept. It .might be perhaps better that the whole building should be whitewashed twice a year instead of once, but the expense is at Dresent an object of which tho hlagistrates cannot lose sight.

1:'ti th regard to another alteration in the interior

economy of the prison suggest by the jurors· as an improve­

ment; ~tis sufficient to reply that by the original design of the building the ver~r alteration suggested has been already tried, and in consequence of the carelessness or misconduct of persons in the Gaol proved so great a nuisance as to compel the whole plan to be abandoned and that at present in use to be adopted. The amount of salary of the Gaoler though less than might be perhaps thought proper were the fund.s of the District in such a situation as to justify liberality, is nevertheless as much as under present circumstances it has been thought :prudent to allow. Any representation, how- ever, on this subject to the ::.iat:;istrates of the Quarter Sessions would receive immediate attention. :But it may perhaps be right. to inquire whether as the duties of the Gaoler in no small degree now arise from the care and safe

keeping of prisoners committed by the civic authorities, many of whom are-under sentence of hard labour, an addition to his stipend might not, while the Eome District Gaol con­ tinues to be the City Prison, with great propriety be made from the City funds, which with what he receives from the District treasury would be a sufficient compensation to him. 'l'he state of the persons confined , whether d.ebtors or criminals, appears not to be separated in the considera- 1 tions of the Jurors, although a little inquiry would have - 119 -

.iDJOURNED GEHER..iL QUARTER :JbSSIOUS C:.i' THE PEAC"(j

Jul:,,,_, 1834, continue a.. informed. them that by the existing law, neither the 2,heriff nor the Magistrates have any authority whatever to appro­ priate the District funds for the accommodation or relief of the former, .and the same inquiry would also have a1-1prizec1 then: that bedding in sufficient quantities and of the des­ cription recommended in the presentment, with the exception of Iron bedstead.s, has been from time to time furnished to the prisoners, and has as often been abused and destroyed.

~.S'i th regard to the introduction of ardent spirits the 1\Iagistrates are making strict inquiry are happy to find that a good deal of pains has been taken to prevent their introduction, which is rroved by the detections that have been from time to time made of ind.ividuals attempting to take them in. At the same time it is onlJ'.,. an act of common justice to the Gaoler to remart: that it is next to irr..posBi ble to prevent this taking place at some hours in 4he night when it is recollected that the front 7Tindows of the build.ing open directly on the street and there is not even a fence to keep persons from approaching close to the walls whenever they please. The manner in which a want of religious instructi.on is complained of in the presentment would naturally lead to the conclusion that Divine service is seldom if ever per .. - formed within the walls of the Gaol. On this ~oint the Jurors, if they sought for inforl'.!1ation, have certainly been misinformed. It is true that with the exception of the Clergy of the Church of England few apI)ear to have attended to perform service; although the Gaol is open every Sunday to every Minister so disposed. t and. on that day to 1\ifinisters Nevertheless the Archdeacon of York and his Assist­ ants have heretofore attended very regularly for that pur- - 120 -

July, 1834~'-· continued. pose, and if any omission has at any time taken place, it has arisen from circumstances affording ample reason for it. There is still less reason in the allegation of a want of medical assistance. The debtors are free to call in whomsoever they please as their meclical attendant, and Doctors Widmer and Diehl are employed at the expense of the District to attend on any of the criminals confined who require medical aid: and with regard to debtors whose cir- c~~stances do not permit them to employ Physicians at their own expense, the liberal and humane feelings of the medical profession in this City, would never be appealed to in vain. Still it is not to be denied that the Gaol is neither so safe nor so commodious as is desirable, and much inconvenience, perhaps even some suffering,is occasioned by the precautions which the insecure state of the building renders necessary in order to keep persons charged with crime safe. These evils, however, are beyond the power of the :fagistrates to remove, until the funds at their dis­ posal warrant their incurring a very large expenditure, and until the laws under which the District funds are collected and expended are in some degree modified. Sensible of this latter necessity an application was made by the Magis­ trates by petition to the Legislature in 1827 praying for authority to levy an increased rate for a limited period, and for a repeal of the enactment which restricted them from laying out more than £50. at one time on any object of im­ provement other than the erection of the Gaol and Court House. Some benefit would doubtless arise from the estab- lishment by law of an efficient system of prison discipline, dress, &c., but a far greater good would be a provision for the separate confinement of debtors, for the removal of - 121 -

ADJOUR11ETI GE!rERAL QUARTER SESSIOlrn OJf THE PT:!lACE July, 1834, continued$ maniacs to a proper Asylum, and for the opportunity of air and exercise to criminals within a yard secured by a suf­ ficient wall. But from every inquiry and information that they have been able to obtain the Magistrates feel themselves quite warranted in asserting that the state of the Gaol and its imnates, so far as it has depended upon them or upon the Sheriff and his Officers, does not deserve the epithet which, on an assumption that the allegations of the present­ ment were well founded, has been applied to it in your letter., The Magistrates further desire me in their name and on their behalf with the greatest possible respect for His Excellency's motives and the profound homage that every Inhabitant of Upper C~n.ada must render to his untiring zeal for the public good, to convey an expression of their deep regret to find that the long and laborious services of many of those of older standing in the Commission of the District (and who, shielded by the honesty of their intention, have equally disregarded the clamours of the ignorant and the calumnies of the base) have not sufficed to protect them from the painful mark of Ris Excellency 1 s disapprobation con- tained in your letter to the Sheriff. They feel satisfied that the statement of the City- Jurors, with what view the Jurors best can tell, was got up upon exparte evidence, and sincerely hope that this explanation may have the effect of disabusing the mind of His Excellency on that subject. I have the honor to remain Sir, Your very obedient Servant, (Signed) Grant Powell, Chairman pro h~c vice.

Adjourned subject to the call of the Chairman. - 122 - ADJOURNED GENERAL QUARTER SESSIONS OF THE PEACE Monda~r, 28th July, 1834.

The Court met pursuant to the call of the Chairman. Present James FitzGibbon,Esq., J·.P., Chairman pro tempore. Peter Paterson, Esq., J.P.

ORDERED, That in consequence of-the death of James MoMullin, the late Collector of Rates for the Town of York for the year 1833, a part of which still remains in arrear and outstanding, the Clerk of the Peace do write to the Clerk of the Common Council of the City of Toronto com­ municating these facts for the information of that body, and requesting them to appoint a Collector in the room of the

said. James Mo:Mullin, and to order him when the mon·ies are

collected to pay over the same to the Treasurer of the Home District to be applied for the general purposes thereof under the authority of the 55th section of the Corporation Act ..

~rhe following accounts were laid before the Court,

audited and ordered to be paid by the Treasurer out of the District funds, viz:- Robert Roberts for services as Constable, •• £3. 5. 4

1i1ark Dawson for overcharge on his assessment in Etobicoke for the year 1832, . • . • . • .16. 7 Clerk of the :Peace's e.ccount to the 11th inst. 86. 5. 5

Adjourned subject to the call of the Chairman. - 123 -

ADJOURNED GENERA.1 QUARrrER SESSIONS OF TH8J PEACE Tuesday, 29th July, 1834.

The Court'met pursuant to the call of the Chairman. Present James FitzGibbon, Esq., J.P., Chairman pro tempore. Peter Paterson, Esquire, J.P.

The following accounts were laid before the Court, audited and. ordered to be paid by the Treasurer out of the District funds, viz:- Peter Paterson for Ironmongery, . £ .11. 6 ~r. David Gibson two accounts for services as Surveyor to 3rd instant, £2. 5. each, ... 4.10. The Gaolers account for Bread for the Gaol, 4th Quart er, 1833, ...... 9 .11. 2 The like for the 1st Quarter, 1834, • 14. 1. 2 The like for the 2nd Quarter, 1834, 14. 4.lll The like for articles furnished for the Gaol 2nd Quarter, 1834, .... e •••••• 16.18.101 The like for the maintenance of the Destitute Insane 2nd Quarter, 1834, •• 46 .. 4. The like for articles furnished for the Gaol 1st Quarter, 1834, ••.....•.•. 20. 0. 1

.Adjourned subject to the call of the Chairman. - 124 - ADJOURNED GE1:1ERAL QUARTER SESSI01rn OF THE PGJACE

Friday~ 12th September, 1834.

The Court met pursuant to the call of the Chairman. Present James FitzGibbon, Esquire, J.P., Chainnan (pro tempore) :Peter Paterson,) Alexander Wood,) Esquires, J .l?.

ORDERED, That the Executors of the late James MoMullin, the Collector of Rates for the Town of York for the year 1833, do forthwith pay over to the Treasurer the amount collected in their hands and do deliver over the Assessment Roll to him. And it is further

ORD:ERED 2 That upon receipt of the Assessment Roll the Treasurer do forthwith give notice to such of the Inhabi­ tants of this City who have not paid their rates for that year, calling upon them to pay the same to him on or before the 1st day of December next; otherwise that the parties not having paid on or before that day will be sued.

The Petition of Alexander Armstrong for a Tavern License on Lot No.11 in the 6th Concession of the Township of Toronto was laid before the Court, read and granted at the usual rate of license in that Township.

1'he account of Mr. George Duggan for hir. services as Coroner up to the 31st July last, amounting to the sum of £11.19.9, was laid before the Court, audited and ordered to be paid by the Treasurer out of the Tiistri ct funcls ..

Adjourned subject to the call of the Chairman. - 125 -

.ADJOURIHm GENERAL QUABTER Sl1;SSIOK~J OF TEE PEACE Tuesday, 30th September, 1834.

The Court met pursuant to the call of the Chainnan. :Present James 1:!'i tzGi bbon, Esquire, J.P., Chairman ( pro tempo re) Peter Paterson, Esquire, J.P._

The Petition of Richard Bugler of the City of Toronto for a Tavern License in the Township of York, was read and granted at the sum of £3. for the remainder of the 11resent year.

The account of the late Hugh C. Thomson for adver­ tising for Market Rouse in the Town of York, amounting to the sum of fifteen shillings, was laid be:t:ore the Court, audited and ordered to be paid by the Treasurer out of the District funds.

Adjourned subject to the call of the Chairmano - 126 -

ADJOURlffill GEl:TERAL __ QUAR,TlJR SESSIONS OF THE PE.ACE Saturd.a_y, _8th Uovember, 1834.

The Court met pursuant to the call of the Chairman. Present D'Arcy Boulton, Esquire, J.P., Chairman, James FitzGibbon,) Peter Paterson, ) Esquires, J.P.

The following accounts were laid before the Court; audited and ordered to be paid by the Treasurer out of the District funds, viz,: -

The Gaoler's 3rd quarter's account for the present year for articles furnishea. for the Gaol, . . . .£19 .18. 3 The like for bread furnished for the like period, 18. o. 6

The like for the maintenance of the Destitute Insane for the like :period, ...... 60.18. 6 Drs. Widmer and Diehls' account for attendance and medicine for the Prisoners, ...... 20 • L

The Certificates of Arthur Carthew and John :Sutton, Esquires, J.P., respecting the services rendered by Robert Roberts and William Macpherson as Constables in the appre­ hension of Ephraim Livers and Francis Smith wore read, and it was ORDERED, That they should be :paid the usual a.llow·­ ances made to Constables for the like services,.

Adjourned. subject to the call of the Chairman. - 127 -

GENERAL QUARTirn SESSIONS OF THE PE.ACE ,r ...- --~-·---··~--~-·-- City of Toronto, T~~E~Y, 18th Rovember, 1834.

Present D'Arcy Boulton, Esquire, J.P., Chairrnan, Peter Paterson, Esquire, J.P.

The CommisEJion was read. The l?recept was returned to the Sheriff. The Grand Jury was called. and sworn as follows; - 1. Joshua Clarkson, Foreman, 2. John Griffith, 10. James Marsh, 3. Joseph Milburn, lL Richard Vandeburgh, 4. John Langestaff, 12. Thomas Morgan, 5. Alexander Montgomery, 13. Joseph Clarkson, 6. Charles Keller, 14. Asa Reynolds, 7. John Perkins, 15. Hilary Clarkson, 8. William O'Brien, 16. Frederick Cheney, 9. John Munshaw, 17. Henry Ringle, 18. TNilliam Cantley, 19 •. Alexander Logan, 20. John Robinson.

The charges was given by the Chairman to the Grana. Jury. The Bailiff was sworn to attend the Grand Jury.

The King Assault and Battery. Settled with leave vs Barnabas Riley of the Court on payment·of Costs.

The G-ran.d Jury came into Court with the fo11owing Bills; The King Lai·oeny. True Bill. A Bench Warrant was vs Edward Madden thereupon issued by order of the Court.

The King vs Assault and Battery. True Bill. Amable Fisher

The I:ing vs ) .Assault and :Battery. Leonard Hastings, Reuben Hastings,) Settled with leave of the Alexander Hastings, ) Court on :payment of Costs which were paid accoraingly. - 128 ....

GElrnRAL QU.A.RTJ~R SESSIONS OF THE Pl~ACE 18th November, 1B34, continued.

The King ) Assault and Battery. Settled with leave vs ) Barnabas Riley, ) of the Court on payment of Costs which Mary Kinney, ) were paid accordingly.

Adjourned till 10 O'Clock to-morrow morning. - 129 - G-EUERAL QUARTER SESSIOHS OF THE PEACE

The Court met 1mrsu.ant to adjournment. Present D'Arcy Boulton, Esquire, J.P., Chairman. Peter Patefson, Esquire, J.P.

The ~rand Jury came into Court with the follow- ing Bill;-- The King ) Larceny. True Bill, whereupon a Bench vs } Moses Tucker, ) w·arrant was issued by order of the Court ..

The King ) Assault and Battery. The Defendant was vs ) arraigned and pleaded Not Guilty, and being Amable Fisher) ready for his trial the following persons were sworn. as a

1. John Nixon, 7. John '/Tebster, 2. Thomas Moore, 8. Frederick Hilts, 3. John Hunter, 9. Silvester Richmond, 4. Francis Stiver, 10. Frederick Donaldson, 5. Alexander Carr, 11. Anthony Size, 6 .. Joseph Dunn, 12. John F. Shell. The Witnesses not being forthcoming on the part of the prosecution the Jury found a Verdict of Not Guilty$

The Grand Jury came into Court with the follovl- ing Bill; The King vs Assault and Battery. No Bill. Aaron .Munshaw

The application of Mr. David Gibson, Surveyor·of Highways, res11ecting the repair of a bridge over the West

Branch of the River Dab, was laid before the Court and read when it was

ORDERED, That the sum of Ten Pounds be paid by the Treasurer to the said David. Gibson for the rer)airs of the same.

The Court then adjourned at l past 12 to½ past 1 this day. - 130 -

19th November, 1834, continued.

The Court met pursuant to adjournment at½ past 1. Present

D 1 Arey Boulton, Esquire, J .J?., Chairman. Francis Leys, Esquire, J.P.

The King ) Assault and Battery. Traverse from the last vs ) Sessions arid the Defendant being now ready for Ann Hadley) her trial the following persons were sworn as a

1. Thomas Moore, 7. John F. Shell, 2. John Hunter, 8. John Hixon, 3. Francis Stiver, 9. Nathaniel O'Brien, 4. Joseph Dunn, 10. Richard Montgomery, 5. John \Yebster, 11. Anthony Size, 6. Frederick Hilts, 12. George Mosher, Pro. Witnesses Sworn, Con. Judith Ballard, Nancy G-aibraith, Mary Warner, Mary Cowan, William Ballard_, Eunice Davis. Verd.ic.t_;_ G-ui1 ti. Sentence; IPine 5 shillings, which was paid to the Sheriff in Court, and Costs which were also paid.

The Court then adjourned till 10 O'Clock to­ morrow morning. - 131 - GENERAL QUARTER SESSIONS OF THE PEl~CE

Thursday__,~ 20th November ~ __1834.

The Court met ~ursuant to adjournment •. Present D'Arcy Boulton, Esquire, J.P., Chairrr.an,

l1 eter Paterson, Esquire, J.P ..

·The King ) Larceny. The Prisoner was arraigned and vs } pleaded. Not Guilty and being ready for his Edwara. Madden ) trial.the foJ.lowing persons were sworn as a

Jurr 1. John Nixon, 7. Frederick Hilts, 2. Thomas 1Yloore, 8. Silvester Richmond, 3. John Hunter, 9. :E'rederick Dona.l dson, 4-. Francis Stiver, 10. Anthony Size, 5. Jose1Jh Dunn, 11. John F. Shell, 6. John Webster, 12 .. George Mosher .. Pro. Witnesses Sworn. John Eaton, Verdict; Guilty. John Bland, Dickenson Fletcher. Sen_!;en~~...i. One month's imprisonment ..

The Reverenc1 Henry Gordon, a, native of Scotland, and now residing in the Township of Whitchurch, appeared in open Court and was recognized to be a Minister of the Estab­ lished Church of Scotlandt whereupon he took the Oath of Allegiance to His Majesty and his Certificate under the

Marriage Act was duly signed.

The Grand Jury came into Court with the following Bill:­

The King vs Larceny. True Bill. Thoma.s Bridgewood.

The account of the expense of fitting u:p the Barrister's Room in the Court House amounting to the sum of Forty pound.s was laid before the Court and ordered to be paid by the Treasurer out of the District funds, And it was further - 132 ....

GE?UJR11L C:Uk-RTER s:ss:?:ICJ_§_ OF TTIE PEACE November, 1834, continued.

ORDERED, That the Room now appropriated to the use of the Bar shall in future be set apart for the accommo­ dation of the Bench and. the room now used by the Bench shall in future be set apart for the accomodation of the Bar.

The Grand Jury came into Court wi t11 the following presentment; The Ki11g Assault with intent to commit a I,tape. vs Whereupon a Bench Warrant was issued by Thomas Glassford ord.er of the Court.

The King ) Larceny. The Defendant was arraigned vs ) and pleaded Guilty. Thoma.s :Bridgewood) Sentence; One month's imprisonment ..

The Grand Jur.sr came into ·court 1/1'/i th the follow- ing Bill; The King vs ) Rugh Archer, John Archer~ ) Larceny. True :Bill. Thomas Archer, David Graham,}

The King The Prisoners were arraigned and pleaded Not vs Guilty, and being rea.dy for their trials, the Same following persons were sworn as a

1. John Nixon, 7. Richard Montgomery, 2 .. Thoma,s Moore, 8. Frederick Hilts, 3. John Hunter, 9. Silvester Richmond, 4. Francis Stiver, 10. Frederick Donaldson, 5. J ose1)h Dunn, 11. Anthony Size, 6. Joh_n Webster, 12. John F. Shell. J?ro. Witnesses Sworno Con.

::'lilliam Kennedy, James Smith, Francis IC'enned.y, Samuel Mooret Thomas Thorne, Samuel Manning, Mary Archer, James Hainil ton, Verdictj_ lfot Guilty.

The Grand Jury came into Court wi t\1 the follovdng Bill;- The King ) vs ) Assault and Battery. True Bill. Alexander Maitland, ) - 133 -

GENERAL QUArtT:m SESSIONS OF THE PEACE •..1. -·--~ ·--~ ---- ·-· -·------1834, continued. November, ______...__ __ , ---·- ,-...--~-

The King ) Assault with intent to commit a Rape. The vs ) Prosecutrix Ann Parker not having been John Ostrawser) bound over and not ar)pearing on being called the De fend.ant was the reu:pon a.i scharg ed by Proclamation.

The King ) Larceny. The Prosecutor, James Cull, the vs ) younger, was called upon his Recognizance Marshall Paris ) and not appearing the same was ordered to be estreated, and it was estreated accordingly

The King Assault and Battery. The Defendant vs was ca1led upon his Recognizance and Alexana.er Maitland not appearing it was ordered_ to be estreated and it was estreated accordingly.

Rugh Martin and William Monro both of the Town­ ship of York, Yeomen, were called to produce the bodi of the above named :Defendant, Alexander Maitland, and made defaui't, whereupon their Recognizance was ordered to be estreated, and it was estreated accordingly.

The Court then adjourned to the Clerk of the Peace's Office subject to the call of the Chainnan. · - 134 -

ADJOURlnDD GENERAL QUARTER SESSIOl'JS OF THE J?EACE Saturday, 29th November, 1834.

The Court met pursuant to the call of the Chairman. Present J)'Arcy Boulton, Esquire, J.P., Chairman, George Monro, Esquire, J.J?.

Two Petitions from the Criminals in Gaol to the

Sheriff t respecting insufficient Beel clothing and food_, were laid before the Court and read, and it was ORJJERED: That to so much of the Petitions as

relates to the insufficient -Sed clothing the Sheriff be at liberty to order as many Blankets as he may in his discre­ tion think necessary for the District Criminals only, but

as to the. food no alteration is to be at :present made e

The J?eti tions of William Bellas of the Township of York, and John Bell of the Township of Scarborough, for Tavern Licenses were respectively laid before the Court

read. and granted at the sum of Three Pounds each for the remainder of the current year ..

Adjourned subject to the call of the Chairman .. - 135 -

ADJOURNED GJ~lJEPJ1.L C-WART.SR SESSIONS OF THI!} 1?.~1~CE Wednesday, 3rd December, 1834.

The Court met pursuant to the call of the Chairman. Present D 'Arey Boulton, Esquire, tT .1?., Chairman, Peter Paterson, Esquire, J.P.

Upon the recommendation of William Benjamin Robinson, Esquire, a Justice of the Peace, Isaac Playter, who,at an Adjourned Sessions held on the 21st day of April last, was appointed one of the Assessors for the Township of ~hitchurch for the present year, was also appointed to act as Colleetor for the same Township and for the same year in the stead of John Hartman, the fonner Collector .

.Adjourned.· subject to the call of the Chairman .. - 136 - ADJOURU.i.m GENERAL QUARTER sgssrons OF THE PL.ACE

Vlednesday, 31st December, 1834.

Present D'Arcy Boulton, Esquire, J.P., Chairman, Peter Paterson,) George Monro, ) Esquires, J.P.

Upon the Chairman laying before the Court two communications from the Mayor of this City, the one on the subject of a Presentment found at the last Mayor's Court, the other respecting the Prisoners committed by the same Court together with a communication on the latter subj~ct being a Re1)ort from the acting Clerk of the Common Council, which Report states that the Prisoners who have been com­ mitted by the Mayor's Court and. sentenced to hard labour are in want of clothing and additional food. The Treasurer was called upon to report the present state of the District funds, and that Officer. having reported. that the ])istrict is at the present time in debt about £500. upon accounts audited but which the Treasurer is not in funds to pay, it was RESOLVED: That so long as the debts which have been audited remain unpaid no further expense can be justified by the Magistrates for Prisoners in the Gaol for Crime. And that with regard to the Presentment the Justices see no reason for the IJiayor 1 s Court hesitating in further exert ion to punish whoever may have been guilty but they have no

Jurisdiction in the matter as they conceive, and if they had, the fact of no persdn being charged appeirs to throw a dif­ ficulty in the way of further proceeding until the Assizes when the Grand Jury may endeavour to obtain further evidence if they think fit. That the Mayor's Court are probably not aware that during the past half year the expenses of the Gaol and of the maintenance of Insane persons amounts to - 137 -

ADJOURt1~1D GENERAL ~,JJ.:~It~ ;,~n s~:ss rmrn OF TRE PEACE 31st December, 1834, continued.

upwards of £200.

ORDERED: That the Clerk of the Peace do forward a co·_py of the foregoing resolution to the Common Council of this City.

Adjourned subject to the .call of the Chairm."-ln. - 137 -

.ADJOUR1tED GElrnRA.L QUARTlrn s:ESSIONS OF THI~ PEACE

31st December, 1834 2 continued. upwards of £200.

ORDI~RJ:m: That the Clerk of the Peace do forward

a copy of the foregoing resolution to the Common Council of this City.

Adjourned subject to the .call of the Chairman .. - 138 -

Monday, 5th January, 1835.

Present D'Arcy Boulton, Esquire, J.P., Chairman. Peter Paterson, Esquire, J.P.

1 Cer t i.f. ·ica t es were gran t e d t o and tan.ren out by the following persons for the ensuing year, viz:

No. !I A :M: E s. RESIDEWCES. RAT:~s.

1. Anderson, John York Townshi:p, J~ 7 .10 2. Anderson, Ira Stouffvill e, 7.10 3. Abraham, Joseph Yonge Street, 7.10 4. Arksey, John West Gwillirnbury, 7.10 5. .A.tkinson, Robert York Township, 7.10 6. Bruce, John Ves1')ra, 3 .. 7. Bingham, John Barrie Town, ~~. 8. Bell, John Scarborough, 5. 9. Bugler, Richard York Tovmship, 7.10 10. Bellas, William Do .. 5. 11. Brown, J. w. Albion, 3. 12. Ballinger, Geo. & John, Stre etsvill e, 7.10 13. Black, George Pickering, 7.10 14. Briggs, John Markham, 4. 15. Bea.ch, Hiram King, 7.10 16. Bingham, Henry Toronto, 5. 17. Card, vrroodberry York Township, 5. 18. Crew, William Yonge Street, 7.10 19. Clement, Lewis J. Innisfil, 3. 20. Carnaghan, James Scarborough, 7.10 21. Cornel, Edward · do. 7.10 22. Cook, Jacob Toronto, 7.10 23. Cook, Richard do. 5 .. 24. Chapman, John :Etobicoke, 7.10 25. Cookson, Thomas '{empenfel t, 3 .. 26. Cook, William Vaughan, 6. 27. Carney, Richard Barrie, 28. 3. Clark, Henry H. Scarborough, 7.10 29. Crow, Joseph Sunnidale, 30. 3. Cuishman, Jarvis Springfield, 7.10 31. Dyson, Thomas & John Alfred Churchville, 5. 32. Edmonson, John ~Vest G-willimbury, 33. Ell is, 4. James York Township, 7.10 34. Finch, Robert Albion, 35. Farr, Joseph 3. Toronto, 7.10 36. Farewell, A.M. Whitby, 37. Franks, William 7.10 Chinguacousy, 5. 38. Finch, John Day York Township, 39. Fulcher, Joseph 7.10 J~tobicoke, 5. 40. Gilmour, John Caledon, 41. Gamble, N. jr. , King, 3. 42. Gates, Jonathan Scarborough, 7.10 43. Garbutt, 7alliam Newmarket, 7.10 44. Griswold, Amos Pickering, 6. 45. Rockeridge, John Scarborough, 7.10 46. Hewitt, Joseph Newmar1ret, 5. 6. - 139 -

ADJOURlTlQ) G£:1r2mAL QUARTER SES~~IONS O:? THE PE.A.CE

______----~5~t-==h~J~a~n~u~a:.=r:...sYL1-, .-.:1:::.:8~3~5.1., _;::c~o~n~t'...:i:.::n::..:u~e::.:::d:.:..:.·:,______RATES.

47. Hyde, John Streetsville, £7 .10 48. Rackett, Samuel Chinguacousy, 5. 49. Rart David, 1T ewmarket , 6" 50. Hodgson, Robert :~to b ic oke, 5. 51. Hunter, George Ii/Iarkham, 4. 52. Healing, John ·vaughan, 7.10 53. Hadley, Charles Pickering, 7.10 54. Heney, Henry do. 7.,10 55. Johnson, William Toronto, 1 .. 10 56. Kendrick, William Yonge Street, 7.10 57. Kent, George G. Whitby, 7.10

58. Ketchum,·· 1 William, llfarkham, 6., 59. Lymburner, Matthew Vaughan, 6. 60. Le1)pard, John East Gwillimbury, 4. 61. Muir, Jolm Scarborough, 7.10 62. McDcinald, Finnan Thorah, 3. 63. Montgomery, John Yonge Street, 7.10 64. McKay, Robert Innisfil, 3. 65. 1:U.lls, Parker York Township, 7.10 66. ].1IcLean, James Humber, 5. 67. Musson, Edvvard Humber, 5. 68. Marlow, Hugh Flos, a.,f7 69. McRae, Christopher Thorah, v.~ 70. ~c?herson, William Markham, 5. 71. Mair, John- Whitchurch, 7.10 72. ri.tcl'iful ty , John King, 7.10 73. McKinnon, Martin Vaughan, 6. 74. Merigold, Amos Toronto, 5. 7 5. K.ontgomery, Thomas J:IJtobicoke, 7.10 76. Mo.rl ey, John York Township, 7.10 77. Marr, John Brock, 3. r:z. 78. McDonald, Thomas Thorah, t..' e 79. McLeoa., Daniel Vibitchurch, 7.10 80. Masury, John Credit, 7.10 81. 1forton, James River Rouge, 7.10 82., Monkman, George Scarborough, 5. 83. ].i:oCasler, David Barrie, 3. 84. r.'IcConkey, Esq., Thomas Innisfil, 3. 85. ,... Eichol, Robert 1.:ea.onte, t../" 86. Nixon, Jo1m :Markham, 6. 87. O'Hearne, Francis Richmond Hill, '7.10 88. Polly, Moses Credit, 89. Phelps, Francis Holland Landing, 7.10 90. Playter, George Do. 7.10 91. Penfield., Adney Tecumseth 7 4. 92. Plank, John P. Uxbridge, 3. 93. Reid, John Ea.st .Gwillimbury, 94. 6. Rothrea, Thomas York Township, 7.10 9 5. Ransom, Thomas Yonge Street, 7.10 96. Ramage, James Toronto, 97. 5. Root, Dudley Vespra, 3. 98. Reed, Thomas Markham, 99. 6. Salsbury, Martin Chinguacousy, t: 100. Sheppard., '-"• Thomas Yonge Street, 7.10 101. Scott, T.7illiam Etobicoke, 102. Stevens, Stiles 7.10 Toronto, 7.10 103. Sisley, George Scarborough, 104. Smith, Thompson 5. York Township, 7.10 105. Stafford, William Cooksville, 106. Stephens, James 7.10 Vlhitby, 7.10 - 140 ....

ADJOURlHm GI:~KEr(AL C.UARTBR SESSIClrn 0]' rrz:_!; Fs~1i~_C.E: ·-----~··----·-- --- ~--~~------·--,,--.------~--,-- _____5_t!~_JanuarL_ 1835, continued. ------Nos. NAM~ RACLLS. -~...:.._:...------~~---·s. -----·---·-----RESIDBECBS. ------·----·----

107. Tarbox Elijah Caledon, £3. 108. Thew, George Port Windsor, 6. 109. Todd, William IEa rkha.m , > 6. 110. Turner, Samuel E. York Township, 7.10 111. Tayler, Francis Scarborough, 5. 112. r;Y11i tmore • Ilic ha el Yonge Street, 7.10,.,, 113. ·trarnicke, George Innisf:U, D. 114. Weatherill, Richard Vaughan, 7.10 115. Wells, George do. 6. 116. Wilson, Thomas Etobicoke, 7.10 11~'. Yonge, vtrilliam Toronto, 7.10 118. Youngson, John Toronto, 7.10

Adjourned subj e·ct to the call of the Chairman. ,_ 141 -

The Court met pursuant to the call of the ChairEan. Present D'Arcy Boulton, Esquire, J.P., Chairman,

George l~onro, Ssquire, J .. P.

The account of the Treasurer with the District up to the month of July, 1834, was laid before the Court

and audited, and it was

ORDimED: to be print ea. forthwith.

·The f·eti tions of the following persons for Tavern Licenses for the ensuing year were laid before the Court read and granted at the following rates; Robert Bingham, £3; Francis Kirby, £3.; Henry Jaok~on, £7.10.; Joel

Terry , £ 3 • ; John Ti 1 t , £ 5 • ; · Joseph But ch er , S' 3 .. ; Charles French, £7.10.

A communication having been made to the Court that the usual annual Tovmshir meeting for the :present year

for the Townshir) of Scarborough had not been held it was ORDERED: That the following Iiersons do serve the several offices for the said Township for the ensuing year, (that is to say}

William Devenish, Town Clerk. William Devenish,) Daniel Knowles, ) Assessors. flilliam Devenish, Collector.

OVERSI~~BP o:F HIGHWAYS. Adna Bates, Senr. West End Road Front. Stephen Pherrell, Ezekiel Richardson, Centre Front Eoad, Ad.na Bates, Junr., East End Front Road. Thomas Brown, West End Danford Road, John Torrence, Centre Danford Road. - 142 -

26th Januar_y, 1835, ~-smt inued.

Jacob Brooks, East End Danford Road.

Abraham Stoner, ( David i:ralker, ( Line Nos. 18 and 19. George Scott, 22 and 23.

William Elliott, 24 and 25. Archibald Forfar, .Jacob Staley, 26 and 27 . Thomas Paterson, . Archibald Glendenning, 28 and 29 • Joseph Pilkie, ( David Poor, . ( 30 and 31.

\Yill iam J~arl e, 32 and. 33 .. John Tingle, ( John Glendenning, ( 34 and 35.

William Herron, 8 and 9., Mark Hutchinson, 4th Concession. Isaac Jfawset, 1st Concession. Peter Stoner, East End 3rd Concession. James Bowes, 20 and 21., Thomas Adams, {Mouth of Highland Creek to ( Danford Road. George Skeldon, Jun .. , Nos. 10 and 11.

Robert Jackson, 16 and. 17 .. Michael Yeamans, William D. Thomson, :Pound Kee1Jers .. Edward. Cornell, Swine to run at large. Pigs under 50 lb. weight kept in. Horses to be kept in fence.

FfilJCE VIT£W.GRS, John Torrence, Joseph Secor, John Taber, Jonathan Gates, Reuben Patrick, William Dickson, Joshua lamoreu.x, Christopher Walls, William Thomson, Sen., George Thomson, John Armstrong, Simeon Thomson, Fences five feet high to be eight rails high. All unlawful cattle not to run at large. Seneca Palmer, Stephen Washington, Town Wardens . .Adjourned subject to the call of the Chairman. MEETINGS __ 0], _THE HOME DISTRICT

GENERAL QUARTER SESSIOifS Olf THE PE.ACE

CITY OF TORONTO

In the J_~ar.

1 8 3 5 - 143 -

·city of Tor9..pto, Tuesday~- 17th February, 1835 ..

Present D'Arcy Boulton, Esquire, J.P., Chairnan, Richard Gapper, ) Araa_ Smalley, ) William Thompson,) Esquires, J.P. William Gamble, )

The Commission was read,

The Precept was returned by the Sheriff'.

The Grand Jury was called and s\vorn as follows; Peter Vanevery, Foreman. 1. Edward Musson, 10. Andrew Caldwell, 2. Friend Wilcox, 11. Duncan 1Jiu.rchison, 3. George Shaver, 12. Joseph Eolly, 4. Andrew Ward., 13. Charles Wadsworth, 5. William Scott, 14:. John Chew, 6. Peter Shaver, 15. George Goldthorp, 7. George Garbutt, 16. Thomas Griffith, 8. Thomas Musson, 17. Aaron Silverthorne, 9. Andrew Buchanan, 18. William Culham.

The charge was given by the Chairman9 John ~ratkins was sworn as Bailiff to attend. the Grand Jury.

The Report of Mr. Arad Smalley, Surveyor of High­ ways, of an alteration in a Road in the Fifth and Sixth

Concessions of the Township of North Gwillimbur~r, was laid before the Court and read, and there being no o:pposition the same was ordered to be ancl was confirmea_ accordingly. Also - The Report of a Road through Lot Number 21 in· the Sixth Concession of the Tovmshil) of Georgina, was laid before the Court and read, and there being no opposition the same was ordered to be and was confirmed accordingly.

The Grand Jury came into Court with the following Bill; The King vs Assault and Battery. True Bill. IIenry Case - 144 -

GKN.ERAL Q~ARTER SJ~SSIOHS 0]1 THE PEACE

February 17, 1935, continued..

Ericlget McManamy of the Township of York, Spinster, made oath for security of the Peace against Patrick Eoren and John 1Voren both of the same Township, Labourers, whereup­ on a Bench Vi'arrant was isfmed ..

Susannah Hughson of the Townshir, of Amaranth, wife of Isaac l~elson Hughson, appeared. i.n open Court and was recognized to be a daughter of William ]'rank of the Towm~hi:p of Caledon an U. E.Loyalist, and. a Certificate was thereupon signed by the Chairman and Clerk of the Peace accordir:glJ'·.

Adam Nelson Frank of the said. Township of Caledon appeared in open Court and was recognized to be a son of the said. William Frank an U .E. Loyalist, ana a Certificate was thereupon signed by the Chairman ancl Clerk of the Peace accordingly.

Adjourned till 10 O'Clock to-morrow morning .. - 145 -

GEUERAL @f... RTirn SESSIONS Qb7 TFl:S P\_{':!JJL

',r ednesc1ax, 18th Febru.ar_x, 1835,.

The Court met pursuant to adj.ournmen t. Present D'Arcy Boulton, Esquire, J.P., Chairman, Arad Smalley, Esquire, J.P.

The King ) .A.ssaul t ancl Battery. The Defendant was ar­ vs ) raigned and pleaded Not Guilty, and being Henry Case) ready for his trial the following persons were sworn as a Jury 1. Robert Guardhouse, 7. John Cooling, 2. John Roundtree, 8. Robert Coates, 3. John Eller, 9. John Edmonson, 4. Levi Card., 10. Joseph Taylor, 5. Thomas McGuire, 11. Thomas Smith, 6. Alexander Card, 12. Thomas Boulton. Witnesses Pro. Witnesses Con .. Eli Gorham, Maria Whittaker. Ve retie t_t Not Guilty.

The Grand Jury came into Court with the foll.0vv- ing Bill;­ The King vs Larceny. True Bill. Thomas Elliott

Catherine Watts of the Tmvnshi:P· of Vaughan in the Home District, wife of Thomas Watts, appeared in open Court and made oath for suroty of the Peace against her said Hus­ band, whereupon a Bench Warrant was issued.

Charles Barnhart of the Cit~? of Toronto, Yeoman, appeared in open Court and was recognized to be a Son of

George Barnhart of the TownshiJ_::i of Cornwall, an U. E. Loyal­ ist, and a Certificate was signed by the Chairman end Clerk of the Peac·e accordingly. - 146 - GB1rnRAL Q~TARTJim SESSIC1'T~~ OF THE PT8.LCE

Februarz, 1835, continued.

The Reverend Thomas Johnson of the Township of

Chinguacousy appeared in open Court and was recognized as being a :anister of the Presbyterian Uni tea Synod of this

Province, whereupon he took the oath of allegiance to His

:J:a,jesty and his Certificate under the M~arriage Act was duly signed.

The Granct Jury came into Court with the follow- ing Bill:­

The King ) vs ) Assault and Battery. True Bill. noah Nash,)

Sarah Thomas, wife of Daniel Thomas, appeared in

open Court and was recognized to be a Daughter of John B. Grout, late of the City of Montreal, an' U. E. Loyalist ana_

a Certificate was signed by the Chainnan and Clerk of the Peace accordingly.

The Iting ·The Defendant and his Bail, Clark Gamble, Esq., vs were bound. over as follows, that the Defends.nt Henry Case shoula_ kee1, the Peace towards Eli Gorham, the rrosecutor. The Pecognizance to bo in force for one week from this date. Henry Case, .. • £20. Clark Gamble, Esq., • £20 ..

The Grand Jury came into Court with the following Bill: The King ) Forcible ei1try and Detain.- vs ) er, whereupon a Bench William Pherril1, Edward Cornell,) Warrant was issued_. George Hungerford, )

Jacob C. Peterson of the Township of t:arkham,

Yeoman, appeared in open Court and was recognized to be the

Son of Christopher reterson, of Fredericksburg in the rf:id­

land District, an U. G. Loyalist, ana_ a Certi.fi.cate was

signed by the Chairman and Clerk of the Peace accordingly. - 147 -

]'elJruary, 1835, continued.

The King ) Larceny. 1I'110 lJrisoner was arraigned ana. vs ) pleaded Not Guilty, and being ready for his Thomas Elliott) trial the following 1)8rsons were sworn as a Jury 1. James Hetherington, 7. Alexander McFarlane, 2. Robert Castle, 8. John ITiffernan, 3. Jeffery ~right, 9. James Murray, 4. Samuel Bell, 10. John Giles, 5. Samuel Wallace, 1L. Herod Noble, o 6. Joseph 7.fard, l hJ • Alexaw1er Thompson, :::'li tnesses }?ro. Martin Switzer .. Verdict; Guilty. Sentence; One month's Imprlfionment.

The Petition of Daniel Thomas for a Tavern License was laid before the Court, read and ~ranted at £7.10.

The Grand Jury came into Court with the following Presentment; The King Assault and Batteryo IThereupon a Bench vs Aaron Munshaw was issued.

The accounts of Arad Smalley, Esquire, for services rendered as Coroner, amounting to the several sums of One pound sixteen shillings and one pound nineteen shillings (making together the sum of Three pounds fifteen shillings) was laid before the Court, audited and ordered to be paid by the :I'reasurer· out of the District funds.

Adjourned till 10 O'Clock to-morrow morning. - 148 -

'l:hursc1u,y, 19th February, 1835.

The Court met :pursuant to adjournment. Present D'Arcy Boulton, Esquire, J.P., Chairman, Peter Paterson, :Esquire, J.P.

The account of Francis Primrose, Surgeon, for examining and opening the body of John Runian, was laid before the Court and audited at the sum of Three Pounds fifteen shillings$

The Petitions of Mark Barker, Henry Fraser, and Robert Bowman were laid before the Court read and. granted, that of 1:fark Barker at £5., that of Henry :Fraser at £3., and that of Robert Bowman at £4.

The Reports of ~:r. Henry Ewing, Surveyor of :Iigh­ ways, of three Roads in the Township of Brock, were laid before the Court, read, and there being no opposition the same were ordered to be and were confirmed and ordered to be opened accordingly. (See Reports entered Road Report Book No.l, pages 45, 46 and 47.)

The account of Ii!r. Henry :fu'vving, Surve~ror of ITigh ..... vmys, for surveying Roads in the Tovmship of Brock, amount­ ing to the sum of Ten Pouna.s fifteen shillings, was laid before the Court, audited, ana" ordered to be paid by the Treasurer out of the District funds.

On the recomrr1endation of Matthew Cowan, Esquire, J.P. ana. others, Samuel Umphrey was a1)pointed a Constable for the Township of Brock for the present year. - 14~).

GEUERAL ,~DARTER S}~SSIOES OF 1FG>~ P2ACS

February, 1835 2 continued.

The King ·) Assault and Batte1"'y on John Kelly, Col- vs ) lector of Taxes for the Township of West Michael Moriarty,) Gwillimbury. The Defendant was called on his Recognizance and not appearing it was ordered to be and was estreated accordingly.

Thomas Heden of the Township of ~est Gwillimbury, \ ' Yeoman, the bail of the above named Defendant, Michael :2,.a. Moriarty, was called to produce the body of the above named Defendant and. on making default his Recognizance was ordered to be and was estreated accordingly.

The King. Assault and Battery on John Ross. The Court vs was served with a rlrit of Certiorari for the JI oa.h Ifash removal of the proceedings in this case into the Court of King's Bench, whereupon the In­ dictment and Information were annexed to the Writ ancl the return made to the same by the Chairman under the Seal of the Court.

Adjourned subject to the ca11 of the Chainnan to the Clerk of the Peace's office. -- 150 - ADJOURNED GENEF~L QUARTER SESSIONS OF TIT~ PEACE Saturday, 28th February, 1835.

The Court met pursuant to the call of the Chairman. Present D'Arcy Boulton, Esquire, J.P., Chairman, Alexander ·r,rood, ) Robert Gillespie, ) Christopher Widmer,) Esquires, J.P. Peter Paterson, )

The Petition of Francis Logan for a·Tavern License was laid before the Court, read and granted at £7.10.

ORDERED, That in future no accounts be audited without notice of the meeting being previously given by the Clerk of the Peace to all the Magistrates residing in Town.

OPJJERIID, That the Chairman be requested to repre­ sent to His Excellency the Lieutenant Governor the necessity that the Magistrates are under of applying to him for the amount of the sums advanced by them during the prevalence of cholera in 1832 and 1834.as well as for the sums expended on buildings put up on that pressing occasion as for the

sums 11aid out in aid of their support, the District be'ing

indebted to the Bank of lT:pper Canad.a in the sum of £3000 ~ a balance due for advances for building the Gaol ana Court

House engaged to pay beyond the interest £250. yeariy towards the liquidation of the principa1 but their expenses have increased so much from so many large sums having been re­ quired for other-public services beyond the usual ones that they find themse_lves called upon for payment when they have no surplus means at their disposal and therefore hope that His Excellency will be pleased to relieve them, t.he Cholera Hospital being used at present for other important public service. - 151 -

:E1 ebruar:y, 1835, cont inuea_.

ORD.GE:8D, That the Chairman be requested to apply to the rlayor and Corporation for the sums due from the Cor­ poration to the District under the present law, as well as

for 1833 and 1834, also including the rents of the Mar1ret buildings as well as those due for the Market Reserve.

ORDERED, That the Chairman be requested to ap-ply to the Trustees of the Presbyterian and l.1ethodist Churches for the interest and such part of the principal as they may find it convenient to pay for the respective purchases, part of a loan contracted for the building the Gaol and Court House being yet unpaid and nov1 call ed. for.

ORDERED, That the following alterations and. addi­ tions be made in and to the several Divisions of the Court of Requests for this District as hereinafter mentioned, (that is to say) That the.Township of Oro do no longer form part of the 16th Division but that the Township of Tay which it is hereby Ordered shall no longer form part of the 15th Division be added to the said 16th Division in lieu of the said Township of Oro and that the said Township of Tay

together 1-iv i th the ~Covmshiris of Orill ia, Mea_onte and Matche­ dash do in future constitute the said 16th Division. That the Townships of Scott and Brock do no longer form part of the 11th Division but that the Townshi.pf~ of Worth Gwillimbury and Geo.rgina do in future constitute the whole of such Division.

'11hat the Township of Essa do no longer form part of the 13th Tiivision but that the same be added to and to­ gether with the Townships of West Gwillim bury, Innisfil and - 152 -

February, 1835, continued.

Tecumseth a.o constitute in future the 10th Division. That the Townships of Mono and Adjala do no longer compose part of the 12th Tiivision but that the same Townshir,s be added to and together wit~ the Townships of Froton,

11:elancthon; Mulmur and Tossorontio a.o in fu.ture constitute the 13th Division. That the following Townships do constitute and they ·are hereby ascertainea_ and a_eclared to be new or addi­ tional Divisions of the Court of Requests for this District, ( that is to say) The T~wnship of Oro the 18th Division. Jmd the Townships of Scott and Brock th~ 19th Division. .And. lastly it is

ORD:;~~HtDJ- That the several Divisions of the said.

Court of Reg_uests as ascertained and cleclarell by the order of S,essions of the 7th LTay 1833 be a.ncl the same are hereby ratified ancL confirmed save and excert so far as such Divi­ sions are hereintefore altered and modified:

Adjourned subject to the call of the Chairman. - 153 -

i: r i a. a.:y , 6th Lr.arch , 18 ~) 5 •

The Court met :pursuant to the call of the Chairman. Present

1 ]) Arcy- Boulton, Esquire, J.P., Chairman, Alexander ~ood, ) William Proudfoot,) Esquires, J.P. William Gamble, )

The follovving accounts were laid lrnfore the Court audited and ordered to be paid by the Treasurer out of the District funds, viz:-

John Nixon for services as Constable, • . £1. 5. Mr. George Duggan for services as Coroner to 3rd instant, • • • . • • • • . • . . 31.14. 4 TI.1r. Fenton for ]?ire ·I7ood supplied t·o Police, Treasurer and Clerk of the Peace's Offices, 9el5.

Mr. Mackenzie for advertisments, • . 1 .. 8. 1

Mr» Stanton for rrinting, .•.... $ . 15.17. 8 Gaoler's last¼ year's account for articles furnished for the use of the G-aol for 1834, 11 .14. 9

The like for Bread, • . . . • ~ 20,, 6 0 4 The like for the maintenance of Destitute In.sane , ...... • • . • . .. • 66. 2.0 ½

The Court adjourned subject to the call of the Chairman. .... 154 -

-·- Tuesc~r L 24th_j{I.arch, 1835.

The Court met :pursuant to the call of the Chairman. Present

D1 Arey Boulton, l~sg_uire, J .J.?., Chairnan, Alexander Wood., ) William Gamble, ) Esquires, J.P.

0RDEREI1,__ That the o:pinion of the Attorney General be taken upon a case to be sul::imi tted to him whether the

Magistrates have any and. what remedy for enforcing paJrment of the taxes remaining unpaid for the Town of York for the year 1833 or whether they must ap1)ly to Parliament for povvex to enable them to appoint a Collector for that purpose in the stead of James 1:foI,~ullin deceased the former Collector their power of so doing having been repealed by the late Corporatic-n Act •

.tl com:crnnj_cation having been m~de to the Court that the usual Annual Township :Meeting for the present year for the Townshiri of York had not been held H vvas

ORDJTIRED I That the following persons a.o serve the several Offices for the said Township for the 1,resent year;- James M.cMullin, Assessor .. George Atkinson, Collector.

From the Cross Roads on the Poplar Plains) to the middle of Hawks'Bridge, .... i Jacob Snia.. er. From the centre of Hawks' Bridge to the centre of Heron's Bridge, ... William Kendrick. From the centre 6f Herons'Bridge to No.10 on Yonge Street, . James Rogg. lfrom No .10 to the Township Line, James Davis. From the Humber ~oad to No.9 on the 2nd) Concession "Yest, • • • • . • . • • . . } Henry Mos1ey. From No.9 to No.16 on the 2nd Con. West, Thomas Lackie .. - 155 -

24th MareL 1835 continued. ' 2

From the Humber Road to No.9 on 3rd Con. ) V{ est , ...... )?alliarn Lintel.

From No.9 to No.16 on 3rd Con. West, William Tiuncan. From No.l to No.19 on 5th Con. West, Robert Stonehouse. From No.19 to the Town Line 5th Con., Peter Eeser. From Farrs Bridge to the South Corner of) No.18 on the 6th Concession, ) James Duncan., From No.18 to the Town Line on the 6th ) Concession West. ) John Duncan. From Farr's Tavern to Farr's Bridge on the Humber Road .. Robert !fahaffy. From the Kingston Road to the Forks of the Don; Samuel SincLdr. From the Forks of the Don to No.9 in the Centre of the 3rd Concession, James Taylor .. From no .1 to :mo .13 and from 13 to Yonge Street, Smith Glass. F~om No.l to No.5 on the 2nd Concession East and from that to Yonge Street, James Duncan. From No.15 to No.25 on Concession East, ~illiam Sigsworth~ From No.15 to No.8 between the 1st and 2nd qoncession East of Yonge Street, Angus Valller. Between 15 and 25 on the 3rd Con. East, ~7ill iam Pool. From No.15 to No.7, 3rd Concession East, Daniel Moshier. From No.8 to 25 on the 4th Concession C. Wiliiams. East on the Scarborough line, ',I ill iam Smyth .. From th~ 4 ~ile tree to No.7 on the 4th John 1lrrnstrong, Con. between York and. Scarborough, Charles McGinn. From the Concession line 3 and 4 Conces­ sion to Burkho1d.ers to no .14, Edwara. Charlton.

From Cooper 1 s Mllls to Sana_foro.' s Corner on Dundas Street, Thomr;son Smyth. From Sandford's Corner to the Bridge at ) the mouth of the Humber, ( ·John Gamble.

From lJo .13 on the 1st Concession from ) the Bay to the Township line Scarboro' )Jonathan Ashbridge. From the rear of the 1st Con. to the ) front of the 3rd from the Bay, ) Ch~r1e~.- - Thom.iJl so n. - 156 -

24th March, 1835, continued.

From the Township line to the Humber on 7th Concession West, Abraham Erierlye Side lirte between 15 and 16 East Yonge St) Jonas Duncan. On the Township line between York and. Vaughan, Daniel Stong. From Farr's to Yonge Street, Augustus Baldwin Esquire. From Yonge Street to Queen Street between) 20 and 21 East Yonge Street, ) J"ohn Sanburne. From the Township line of Scarborough to Queen Street between 20 and 21 East, Michael Vincent.

Townshi:p Clerk, John ~ilson, 4th.

Pound Kee:p_er, John Montgomery ..

Adjourned subject to the call of the Chairman .. - 157 -

Saturday, 28th March,_1835.

The Court met pursuant to the call of the Chairman. rresent D 'Arey Boulton, Esquire, J.P., Chairman. Alexander Wood, Esquire, J.P.

The opinion of the Attorney General.upon the case directed to be submitted to him at the last meeting was laid before the Court and read, when it was

OR:DgRED, That a Bill shoula. be d.ravm ancl laid before Parliament empowering the J·ustices of the Peace to collect the outstanding rates pursuant to the Attorney General's opinion.

The account of the Clerk of the ~Peace to the 16th January last, amounting to the sum of £106. 8. 9 was laid

before the Court, audited anll ordered to be paid by the Treasurer out of the District funds.

Adjourned subject to the call of the Chairman. - 158'-

City of Toronto, Tuesd.a_y, 5th ?fay ,~B~-S5 •__

Present D'Arcy Boulton, Esquire, J.P., Chairman. James Miles, Lewis Algeo, Esquires, J.P.

The Commission was read.

The Prece1)t was returnea by the Sheri ff. The G-rand Jury was call ea. and sworn as fo1lows: -

1. J. ohn S. Heermans, Foreman, 2. William F~ Moore, 10. George G. Kent, 3. John Ritson, 11. Hayward. 1:ta ts on, 4. James T. Sommerville, 12 .. Daniel S. Vfay, 5. Erastus Howard, 13. Asa Norton, 6. John Farquharson, 14. Ackias It. Ifarewe11, 7. Caleb Elsworth, 15. Ambrose Morris, 8 .. Thomas McMulJ.in, 16. Daniel Griffin, 9. Ezra Annis, 17. James Hunter.

The Charge was given by the Chairman to the Grand Jury. The following notices of the several :persons here­

inafter named were lJroclaimed. by the Crier pursuant to the provision for that purpose contained in the Provincial Statute IV, Geo.IV, c.7.

Peter Mitchell of the TovmshiI) of Vaughan, Currier, for the West half of Lot Ro.3 in the 5th Concession East of Hurontario Street in the Township of Mono as the Assignee of Robert Mitchell, eldest Brother and Heir at Law of Thomas Mitchell deceased the original nominee of the Crown.

Abraham Bowman of the Township of Stamford in the District of Niagara, Yeoman, Lot No.12 in the lCth Conces­ sion of the Township of Reach, as Assienee of Stephen :Mer­ rick the .Assignee of Charles Guild_er the original nor,i.nee. - 159 _.

GEUEB,A.I!_ ,rnARTJia s.:~SSIO~i'3_QF TJl:,; _P~CE _MaL_ 1835, contil']-~~e.sG_

Thomas 1lercer of the Tovmshi:p of Etobicoke in the

Home District for Lot :t'fo .31 in the 2nd Concession of the TownshiJ;:i of Vaughan as eldest Son and Heir at Law of Samuel Mercer deceased, who was eldest Son and Heir at Law of Thomas :Mercer also deceased the original nominee of the Crown.

Patrick Kavanagh of the Township of Stamfora_ in the District of Niagara, Butcher, for Lot No.14 in the 7th Con­ cession, Lot No.14 and the ~est half of Lot No.15 in the 8th Concession of the Township of Essa as Assignee of Robert Byrnes eldest Brother and Heir at Law of Christopher Byrnes, deceased, the .Assignee of Lachael, Daniel, I'atrick ana_ William Higgins original nomine~s.

William Manning the younger of the Township of Tecumseth, Yeoman, for Lot 24 in the 2nd Concession of the same Township as Assignee of James Manning who is Assignee of William Manning the elder the original nominee of the Crown.

John ~atkins was sworn as Eailiff to attend the Grand Jury.

The Certificates of the Speaker of the House of Assembly of the attendance of William B. Robinson, ITilliam L. Mackenzie, David Gibson, Samuel Launt, John McIntyre and Thomas D. Morrison, Esquires, during the last ?,ession of Parliament amounting to the sum of £46. each were laid_ before the Court and ordered to be paid by the Treasurer out of the District fundso

The Report of ~r$ David Gibson, S~rveyor of High­ ways, of a Road through the Indian lancls at the River CrecHt - 160 - GENERAL c:U11.RT~Em -- sm:sro:r:rn OF TRE PEACE

from the Centre Road of the Township of Toronto to the Iake Shore Road, was laid before the Court, read, confirmed and ordered to be opened accordingly. (See the Report entered in Road Report Bobk No.l, p.49.)

On the ap11lication of George McKay for compensa­ tion for land taken for a Road through Lot No. 5 in the ,1th Concession' of the TownshiJJ of West Gwillirnbury the following persons were sworn as a Jury

1. Jose1)h Bowerman, 7 .. 7':1'illiam :Purdon, 2. \alliam Paxton, 8. John Highland, 3. David Stafford, 9. Thomas Bennett, 4. Benjamin Laboree. 10. Joseph Fox, 5. Thomas Halstead, 11. Arnold Kester, 6. Jacob ~Vay, 12. Charles Palmer. Pro. Witnesses sworn. Arad Smalley, Es~uire. Verdict; £7. compensation.

The account of Mr., David Gibson, Surveyor of Hi[)::_= ways, for surveyin0 Roads in the Home District amounting to the sum of £3.15. wa.s laid before the Court and ordered to be paid by the Treasurer out of the District func1s.

The Report of Mr. Arad Smalley, Surveyor of High­ ways, of a Road between Lots J{os. 4 and 5 in the 4th Conces­ sion of the Township of 1,~iest Gwillimbury, wa·s laid before the Court, read, and there being no opposition it was con­ firmed, but the same is not to be opened till the compensa­ tion above awarded to George McKay be paid. Book No.l, p. 53.) Also a Report of the same Surveyor of Highways of a Road in the Township of East Gwillimbury was laid before the Court, read, and there being no opposition it was con- firmed and ordere~ to be opened accordingly. ( See the Report entered Road Report Book No.l, p. 58.) -- 161 -

Ifay, 1835, continued.

Also a Report of the same Surveyor of an altera­ of tion of the Road in the 7th Concession of the TownshinJ.: Eono, was laid before the Court, react., and there being no opposition the same was confirmed and ordered to be opened accordingly. (See Road Report Book No.l, p~57.)

Also a Report of the same Surveyor of Highways of a Road through the centre of Lot No.21 in the 6th Concession of the Township of Georgina was laid. before the Court, read and there being no opposition the sane was confirmed and ordered to be opened accordingly. (See Report entered Road Report Book No.1, p.56.)

Also a Report of the same Surveyor of Highways of an alteration in the Road across the 5t4 and 6th Concessions of the Tovmshi11 of North Gwillimbury was laid before the Court, read and there being no opposition the same was con-- firmed and ordered to be opened accordingly. ( See Re:port entered Road Report Book No.l, pj51.)

Also a Report of the same Surveyor of Highways of

a Road along the Lake Shore in the Tovrnship of Georgina was laid before the Court, read, ana_ there being no op1JOsi t ion the same was confirmed ancl ordered to be opened accordine;ly. (See Re~ort entered Road Report Book No.l, po54.)

Adjourned till 10 0' Clock to-morroy1 morn1nc:. - 162 -

Wednesday, 6 May, 1835.

The Court met pursuant to adjournment. Present D'Arcy Boulton, Esquire, J.P., Chairman. Arad Smalley, ) Lewis R. Algeo,) .. Esquires. J.P.

The King ) Forcible Entry and Detainer. vs ) The Defendants on being George Hungerford, ) arraigned pleaded Not GuiltJ Edward Cornell, William Pherrill) and being ready for their trial the following persons were sworn as a Jury 1. Joseph Bowerman, 7. Arthur Ha.re, 2. Edmund Cooper, 8. Jacob Way, 3. Benjamin Laboree, 9. William Purdon, 4. Sandford. Mart fn, 10. Alexander Balrr10r, 5. Arnold. Kester, 11. Thomas Bennett, 6. David Stafford, 12. Joseph :H'ox: .. Pro. Witnesses sworn. Elizabeth Colbath, George Colbath, Verdict; Not Guilty. Elizabeth Huff,

The Grancl Jury came into Court with the following Presentment;

The King ) .Assault and Ba·ttery 9 whereupon a vs ) Bench Warrant was issued against James Adair, & John Smith) John Smith but the matter was afterwards settled with leave of the Court ..

The Petitions of Thomas Burn, 1:7illiam 17:nite and Francis Inissome for Tavern Licenses were laid before the Court, read and .granted at the respective rates of £7 .10, £3., and £3.

The account of William Bartrum for wood furnished for the Gaol, amounting to the sum of Thirteen pounds ten shillings, was laid before the Court by the Sheriff, audi tea. and ordered to be paid. by the Treasurer out of the District funds. - 163 -

May, 1835 2 continued.

The Grand Jury came into Court with the follov;.ring

:Bill:-

The King ) Assault and Battery. vs ) "/Jilli am Crookshank, John ffalker) No Bill.

The Report of ~Mr. Thomas Boyd, Surveyor of Highways, of a Road in the Township of :E'los, was laid before the Court and read and there being no opposition the same was confirmed and ordered to be opened accordingly. (See Report entered Road Report Book No.l, p.59e)

Solomon Orser of the Township of Reach appeared in open Court and was recognized to be the Son of Isaac Orser of the Township of Kingston an U. E. Loyalist and a Certifi.­ cate was signed l)y the Chairman and C.lerk of the :reace ac­ cordingly a

The Report of :.,~re John }!7 arqu}1arson, Surveyor of

Highways, of a Road in the Townshi11 of Uxbriclge, was la id before the Court and read and there being no oprosition the same was confirmed ana. orclerea. to be opened. accordingly .. (Jee Report entered Road Report Book No~l, p.52.)

Also another Report of the same Surveyor of High­ ways of a Road in the 6th Concession of the Township of Reach was la i.d before the Court, read, and there being no opposi­ tion the same was confirmed and ordered to be opened accord- ingly. (See Report entered Road Report Book No.l, p.48.)

The Court then adjourned from 1 till 4 O'Clock.

The Court met pursuant to adjournment. Present

D'Arcy Boulton, Esquire, J.P., Chairman,

~rad Smalley, Esquire, J.P. - 164 -

_).,_'!:_1;;- 2 ).835, continuea_.

The account of Arad Smalley, Esquire, Coroner, for his services, amounting to the sum of Tvrn 11ounds four shil­ lings, wa.s laid before the Court, a.udi ted and orrlerecl to be I)ai:L by the Treasurer out of the District funcls.

The account of David Sprague for services rendered as Constable, amounting· to the sum of five shillings and ten pence, Vlas laid before the Court, audited ancl ordered. to be paid by the Treasurer out of the District func1.s.

The account of Mr. Thomas Boyd., Surveyor of High­ ways, for services rendered to the District, amounting to the sum of O:ne pound seventeen shillings arnl six :pence, was laid before the Court, audited and ordered to be paid by the Treasurer out of the District funds.

The account of II. \7. R. Donaldson, Constable, f·or services rend.ered, amounting to the sum of Twenty two pounds fourteen shillings and eight pence, was laid before the Court, audited and ordered to be :paid by the Treasurer out of the

The King ) Assault and Battery~ Sett1 ed v: ith leave vs ) Arthur Cammel ) of the Court.

The account of J\1r. John 1farquha.rson, Surveyor of Highways, for services amounting to the sum of Four rounds fifteen shillings, was laid before the Court, audited. and ordered to be :paid by the Treasurer out of the District funds.

That all the present Surveyors of High­ ways for the ~everal Tovmshi:ps throughout the ~~)istrict for the past year be reappointed and continue to act as such for the ensuing year for their respective TownshiTlf'.. - 165 -

_ !,lay~_, 1835, continued.

ORDERED, That t~'le full rate of one penny in the pound on all rateable ~roperty within the District be made for the ensuing year.

ORDERLmt- That William Higgins be appointed High Constable s.nd the several r:,ersons whose names are hereunder written Constables for the District for the ensuing year;

( John Pe.trick, ( William Kend.rick, Township of York, ( John :McBride, ( John Porter, (3dward Turley. ( H. R. W. Donaldson, Whitby .. ( John McGregor, Jr~, ( Thomas N. Scripture, ( Thomas Fleming .. Charles Radley, Pickering. William Hartrick, John Hartrick, Jr., William Pherrill, Scarborough. Jonathan Gates, J·ohn ::~,. Crosby, Markham, James Devine, Wi1liam Ketchum, ( David Bridgeford, Vaughan, ( Ebenezer White, ( Thomas }:Ic.Ad.ams •

( f/illi.am Garbutt, ~.~/hi tchurch, ( John Mair. ( Thomas Davis, ( John Cosford, King, ( Daniel Kennodyj ( Joshua Stevens.

North Gwillimbury, De.vid Sprague. East Gwillimbury, Jam es .E.1vans • \dlliam Heed, '.7est Gwillimbury, Simon Armstrong, John Dal;/.

Georgina, John Comer. Kenneth C.::.rr:eron, Thorah, Archibald EcBa:no. -- 166 -

fLay, 1835, con_tinuecl ._

John Giles, John Wilson, E1tobicoke, Andrew 'i.':Tarc1 , Thomas Dawson,

Albion, .A.l bert ]'inch. Caledon, Constantine !.Tor1Jhy, ( Robert Trimble, ( Alexander Davidson, Chinguacousy, ( Martin Salsbury, ( James Brown, ( John P. Plank, Uxbridge, ( John Ca.stler .. George :Moore, Reach, Reuben Crana_al.

( John Hyde, ( John Clenctinning, ( Daniel Marigold, ( Charles Cameron, Toronto, ( Patrick Heron, ( Samuel Goodwill, ( Nathaniel Cqop~r, ( Michael Crawford. ( Alexander Reed, Tecumseth, ( Thomas Hurst. Adjala and :Mono, John Cohean. ( Robert Jeff, :Penetanguishene, ( Le\vis Cummings .. Oro, Robert Roberts.

And it was further

ORJJJ:tlREIJ, That every Innkee:per throughout the Tiistrict 1JYhose name may not be mentioned in the above list be also apDointed a Constable in addition to the persons above named.

Adjourned to the Clerk of the Peace' e. Office subject to the call of the Chairman. - 167 -

City of Toronto, Tuesday, 30th JE-ne, 1835.

:Present

D 'Arey Boulton, ~~sq_uire, J.P. , Chairman,

Freaerick S. Jarvis, ) Charles Fothergill, George Monro, ) ~~·illi am 13irdsal1, William Thompson, ) ~//illiam Cowan, Alexander Armstrong,) Christopher ~idmer, R. C. Gapper, ) John J)aYJ son, Benjamin Monger, ) :Esquires, Peter Reesor, :Peter Paterson, ) ~7illiam Croolrnhanl:c, John B~ldwin, ) ,J. J?. 0illiam Parsons,· John Barwick, ) Robert Stanton, ?ohn L7nch,},. ) C. C. Small, Alexander wood, ) Robert Gillespie, J.B. ~arren, )

The Commission i,~1as read. The Precept was returned by the Sheriff.

The Grand. Jury vio.s callecl ana, sworn as fo11ows;

1. - Jabez Rall, Foreman, 2. Henry E. Belts, 9., 7!illiam Young, 3. John Ela.ck, 10; George McPherson, 4. William Dow, Jr., 11. Alvat Annis, 5. James Hall, 12. Davids. Reed, 6 . .d..bner l:~.. sh, 13. :Marshall B. St one, 7. Samuel Hall, 14. Reuben Hudson, 8. Ezra Crary, 15. Elijah Height.

Joseph 1a11igan was sworn as Bai1iff to attend

the Grand. Jury.

Rex } Assault and Battery. Settled vs ) with leave of the Court on John Davison, Thomas .Anderson) r)aymen t of Costs, which wen:: paid accora.ingly.

The Magistrates present hav had ·lai a. be fore them the communication from the Lieut·.. Governor V:7ith the representation from the Grand Jury at the last Assizes with

respect to the inadequacy and insecurity of the Gaol of the Home District have personally visited the :Builc1ing and· fully

concur in the representation made by the Grand Jury as to the

necessity of providing, if practicable, a new Gaol for the

Home District, and it was.

OnDJ.0:-~I;, That a, Connni ttee of five ( three of v:hom - 168 -

June_, 1835 , __ continued. to be a quorum) be appointed to make the necessary inquiries on the subject embraced in the foregoing resolution and to report to a general meeting of the Kagistrates of the Dis­ trict at such time as they may be prepared to do a.nd that the Clerk of the Peace do give notice of such [;eneral meetinc when he shall be informed that the Committee is so prepared, and that the said Committee consist of the folJ.owing Gentlemen;-

i~T Gran t Powell, } . ( t' ~ • :s. Jarvis, Alexander Wood, ) Esquires. ( c. c. Small, Chr'istopher Widmer,) (

ALSO 0RJ)EE.l'~D 1 That the following Gentlemen do constitute a Committee for examining and auditing the out­ standing accounts of the District; Chris. Fothergill,) :B1sq_uires, J.B. Warren, ~illiam Thompson, ) Alexander Armstrong, R. C. Gap:per, ) J. p. Matthew Cowan,

J:i.nd that the same Committee do take into their

consideration the a1)plica~ion of the Sheriff for an allowanee for the retaking of certain Criminals who had escaped from the Gao1 and to allow such sum for the necessary expenses thereby incurred as to them may appear just and reasonable,

Adjourned till 11 O'Clock to-morrow morning. - 169 -

Wednesa_ay, 1st July, _l~JE_:_

The Court met pursuant to adjournment. Present

1 D 'Arey Boulton, Esq_ui re, J .1 • , Chairman,

A rad Smalley, ) Matthew Cowan,) Esquires, J.P.

The Reverend William Turnbull Leach, of the City of Toronto, appeared in open Court and was recognized as being a Minister of the Established Church of Scotland, whereupon he took the Oath of allegiance to His Majesty and his Certificate under the Marriage Act was duly signed.·

Oiill:IrnED, That Tertullus Weed. be ana. he is hereby appointed Pathmaster for the present year for that portion of the Road which lies ·between Lots 15 and 16 East of Yonge

Street in the Township of York, i:n lieu of Jonas Duncan virho has left that Township.

The Grand Jury came into Court with the follow­ ing Bills;- The King ) vs } True Bill. Larceny. Jeremiah Larey, William Welsh)

The King vs True Bill. Larceny. William Black

The King ) In consequence of the Prisoner, T7illiam vs ) Welsh, being in the Hospital the Court Jeremiah Larey,) ordered the following Recognizance to be William Welsh, ) entered into, and it was entered into accordingly;

William Lawson, of the Township of 1iVhitchurch, Yeoman, was bound over to appear and give evidence at the next Assizec-; for the Home District, • . . . . £20. The said Jeremiah Larey was committed to Gaol for want of Bail. - 170 -

JUl]L___l835 , __ continued_~_

The Petiticns of Charles Thompson and John Pudney for Tavern Licenses were laid before the Court, read and granted at the respective rates of £5. and £3.

Hadassah Lawrence, of the Township of Trafalgar, in the District of Gore, Spin$ter, appeared in open Court and was Recognized to be a Daughter of the late !Uchard Lawrence of the District of London, formerly of the Tovmshif of York in the Home District, Innkeeper, deceased, an U.E. Loyalist, and a certificate was signed by the Chairman and Clerk of the Peace accordingly.

The Report of Arad Smalley, Esquire, Surveyor of Highways, of a Road in the Fourth Concession of the Town­ ship of East Gwillimbury, was laid before the Court and read, and there being no opposition the same was confirmed and ordered to be opened accorcingly. (See Report entered Road Report Book No.l, p.60.)

The account of Arad. Smalley, Esquire, for surveying the said Road was laid before the Court, audited and ordered to be paid by the Treasurer out of the District funcls, and amounting to the sum of One pound seventeen shi~lings and six pence.

The King ) Larceny. The Prisoner was arraigned and vs ) pleaded Not Guilty, and not beirg ready for William Black ) his trial he was recommitted to Gaol to be tried at the next Assizes.

The Grand Jury came into Court with the following Presentment which was read in open Court; Grand Jury Room, 1st July, 1835.

nwe the Grand Jury for the Home District humbly

present to the Magistrates of the Home ])istri ct in Quarter - 171 -

July, 1835, continued.

Sessions assembled;

"That notwi thstancling the Grant made by the House

11 of Assembly for building a Bridge and improving the Road at

11 the Rouge River and that as we understand a Contract was nenterea into by the Commissioners arJpointed to la~r out said nGrant nearly a year ago the new J3rio.ge is yet unfinished a.no. nthe old one having been taken away and nothing substituted

"in its :place, except a kind of raft of loose planl:, the nRiver cannot be passed without great inconvenience and even naanger. The old Road up the Hill on the East side of the

11 River is likewise in a very bad state no repairs having been

"made on it of late. We feel it our d:u.ty to request the

11 Qua.rter Sessions to inquire into the cause of the delay on "the part of the Contractors and to take such measures as nwould be effectual for carrying the intentions of the

"legislature into execution. n

The King ) The Defendants were dis­ vs ·) charged by Proclamation, the William B.Crew, John Lambert ) Prosecutor not appe_aring.

The Corn.mi ttee for aud.i ting ontstand.ing accounts against the District made and brought in their Report of the following sums being due to several Individ.uals which

was confirmed and ordered to be :paid bJr the Treasurer out of the ]istrict funds, (viz:)

Sheriff's account for services rendered, ... £120. 1. Gaoler's do. for Bread for 1st Quarter,1835, 20. 6 .10·{;- Do. for sundry articles for Gaol for Do .... 20 .14. ·7:~ Do. for maintenance of the insane for do., .. 43.11. 3}: Drs. Widmer & Diehl medical attend'ce.at Gaol, 9.13. 9 John Fenton for wood for offices, .... 13 .10. George Duggan for services as Coroner, . . 6 • 4. l-;-

J. C. Denham for Tinsmith's work, . o • 5 .13. 4'~ George Duggan for services as Coroner, 4. l} J. L. Perrin for Blankets for Gaol, . 11.19. 9 John Hyde for services as Constable, . 2. T. N. Scripture for the like, ...... 11. 8.10½ James I:ing for advertismen ts, . . . • . • . . 2. 8. 9 - 1·72 -

Jul;f, 1835, cont inuec1.

1 John B. ~i ,'ay for· services as Constable, .- . . £3.10. Andrew I:i'reeborn for do., . • . • • . • . • . 17. 6 Robert Stanton for Printing, ...... 2. 8. Thomas Thornton for services as Constable, 1. 5. H. W. R. Donalclson for the like, 1.14-. 8 John Edmonson for the 1 ike, ...... 2. 5. 4 Thomas Dalton for advertising, ...... 15. Dr. Duggan for attendance and opening body at Coroner's Inquest, ...••...... 4. 5. Patrick Henderson for cleaning stoves, ... 1. Samuel Shaw witness on Coroner's Inquest,. • .10. William Reynolcls for services as Constable, .15. Samuel Leech for the like, • ...... • 6. 3 Sheriff's Disbursements from 1st May 1834 to 30 June 1835, ...... 246. 7.10} Dr. Horn-by for a ttenclance and opening body at Coroner's Inquest, ...... 3.

The communications from Andrev1 I·<'~i tchell of 1'ene­

tanguishene, :Esquire, J .. P., dated. respectively the 14th April and 16th June last,as to the annual Township meeting

for the Townships of Tiny and Tay not hav_ing been held for the present year,and suggesting the appointment of the sever­ al persons hereunder named to fill the different offices for the year,were read, and it was

OFJ)EREm', That Louis Columbus and Louis Corbiere be appointed Assessors.

Francis Tossier) Ji~li :Beman, ) Pa th Masters. James Farling, Collector.

George Gordon, ) Jacque Laramie,) 1own Wardens,

Cecil Pombert, ) Baptiste Le Gris,) Pound Keepers.

Adjourned to the Clerk of the Peace's Office subject to the call of the Chairman. - 173 -

The Court met pursuant to the call of the Chairrr'an. Present

Robert Stanton, /-:;squire, J.P., Chairman, pro ternI)Ore. James FitzGibbon,) Peter Patterson, ) Esquires, J.P.

The account of the Clerk of the J?eace up to the 16th inst., amounting to the sum of Ninety five pounds three shillings and eight pence half penny, was laid before the Court, audited ana. ordered to be paid by the Treasurer out of the District funds, and it was

ORDB]RE~, That the Cl erk of the Peace do prer)a 1--e a Table of Fees for the several matters of business trans­

acted by him and lay the same before the Quarter Sessions

for the a}1proval of the Magistrates and. subsequently, if approved by them, before the Judge at the ensuing Assizes for confirmation.

OfillI~RED, That the account of the Gaoler for Bread. supplied for the use of the Gaol, amounting to the sum of £13.10. l}, which was laid before the Court and audited,

be paid by the Treasurer out of the District fund.s.

The charges of the Sheriff for carrying into execution the sentence of the Court in the cases of Convic­ tion at the Assizes holden for this District in April last and amounting to the sum of £33. 4. 1, were laid before the Court, audited and ordereQ to be paid by the Treasurer out of the District funds.

Adjourned subject to the call of the Chairman. - 174 -

.ADJOURNE1) GEl\TTGRAL QU/1,.RTER SESSIONS OF TH~ :.I?!~ACJG Ivionday, 3rd August, 1835.

The Court met pursuant to the call of the Chairman and notice of Special Meeting of the Justices of the Peace

given by the Clerk of the Peace for the purpose pursuant to the order of Sessions of the 30th June la.st.

Present Grant ljowell, Esquire, J.P. , Chairman l)ro hac vice. Hon'ble. J. Elmsley,) James FitzGibbon, c. C. Small, ) William Gamble, Geo~ T. Denis on, ) Esquires, Thomas B. Phillips, Alexander 'Hood, )' Christopher Widmer, John Lynch, ) J.P. William Thompson, William Campbell, ) P. Paterson, John King, )

The Committee appointed by the Order of Sessions of the 30th June last to inquire into and report on the sub­ ject of the Lieut. Governor's communication relating to the Gaol of the District having taken the subject into consid­ eration and fully impressed \Vi th its importance· as connected· with the due and efficient administration of the Criminal Law have embodied their sentiments in a series of resolu­

tions and which being presented to the Court as their Report were accordingly read as follows:- RESOLVED That in the opinion of this Committee the Gaol of the Home District from the nature of the materials of it's construction is altogether unfit for the safe keeping of Prisoners, and that it is necessary for the proper admin- - istration of the Criminal Law that a Prison of greater securi­ ty should be provided with the least possible delay.

RESOLVED That as the funds of the District still

remain burthened with a great portion of the debt contracted under the sanction of the Legislature for the erection of the present Gaol and Court House it is, in the opinion of - 175 -

3rd August, 1835 2 continued. this Committee inexpedient to incur further debt under the present rate of assessment, while that burthen remains.

RESOLV.ED That in the opinion of this Committee it would not be prudent as regards the lJUblic heal th, to shut up the only space,with the exception of the burial ground, situate amongst the densest population of the City, by selling the Gaol and Court House Reserve for building lots, the only means now available whereby the expense of the erection of a secure and sufficient Gaol can be met.

RESOLVED That in th0 opinion of this Committee the greatly increased wealth, population and prosperity of the Home Distri.ct will fully justify a small ana temporary ~ddition to the now almost nominal local taxation, and that an additional assessment on rateable property throughout the District of l in the pound for six years to be applied solely to that es1)ecial r.mrpose, would be the means, and as far e.s this Cammi ttee can judge, tho only means of effect­ ing a loan whereby the object of the reference to this Committee can be obtained without great delay. RESOLVED That in order to carry into effect the views

of this Committee the Grana Jury at the ensuing Assizes,

and also at the Quarter Sessions, supported by the sanction of the Magist£ates, be urged to unite· in laying the case before the Legislature at its next Session and prayins for an Act giving authority to impose the required increa~ed rate of assessment. - 176 -

AiiJOURNEJJ GE1H~RAL G~UART;~~H 3ESSI01:1S 0:~1-, THE P~~~CE August, 1835, continued.

ORDlmTm, That the foregoing Report be aa_optea_ and that the Clerk of the reace do cause the same to be laid before the Grand Juries at the ensuing Assizes and

Quarter Sessions v.ci th the vie\v mentioned_ in the last Resolu­ tion, and also that he do forthwith give notice in the Gazette and in some of the newspapers of an intended applica­ tion to the Legislature for authority to impose the ada_i­ tional rate above alluded to.

Adjourned· subject to the cal 1 of the Chai nnan. - 177 - ADJOURNED GE:HEJ.~.A~_~UARTER s:c.:ssrcr.;s O? TEL8 P.ii:ACB Saturd.ay, 15th .August~'--'_1:835.

The Court mot :pursuant to call of Chain1an. Present Robert Stanton, Esquire, J.P., Chairman pro tempore. Peter Paterson, Esquire, J.P.

A communication having.been received from Horth Orillia under the hands of T. G. Anderson, Elmes Steele, and John Thomson, Esquires, J.P., stating that l:i:r ~ ~-'ho:10,s

Boyd, Surve;;ror of Tiighways, was absent from that Township, it was, upon the recommenctation of the same J·ustices

OFrnEREh That I(r. Thomas Scott of the Townshil) of Oro be appointed to discharge the duties of that office until his return.

The Petitions of Joseph H. Smith and John Latimer for Tavern Licenses were laid before the Court, read and grant eel, the former at £7 .10 and the latter at £5.

Adjourned subject to the call of the Chair1~an. - 178 -

'Nednesday,.1._..~_§th August, 1835.

James FitzGibbon, Esquire, Chairman pro tem. John King, Esquire, J.P.

U:pon the apJ;lica tion of George Ridout, Esquire, it was ORir~mrn, That whatever balance of money for roads in the Township of Scarboro remained in the Treasurers hands should be paid ove~ to Peter Secor, John Torrance, and Richard Houck to be expended in the most beneficial manner on the Danforth road. - 179 -

Weanesd~_~ncl September, 1835.

Present

John King, Esquire, Chairman pro tern., John Lynch, Esquire, J.P.

Read the petition of William Scott for a Tavern License on Dundas Street at Xillbrook which was ordered at four pounds in consid.eration of the short time he v;rill have to renew it in...... 180 -

Tuesday, lTovemb er 17th, 1835.

Present D'Arcy Boulton, Esquire, Chairman, Francis Leys, Esquire, J.P., John~. Gamble, Esquire, J.P., John Scott, Esquire, J.P.

The Commission was read. The Grand Jury called and Sworn. 1. John Griffith, foreman, 2. Joseph Milburn, 11. Ludov-11ick ~7icleman, 3. Robert Armstrong, 12. John Robinson, 4. Christian Reesor, 13. James Harth, 5. John Boyes, 14. Richard. Vander1:mrgh , 6. Henry Pingl e, 15. James Forsyth, 7. William O'Brian, 16. Daniel Hunter, 8. Frec1.eri ck Chenay, 17. John Macklem, 9. John Stouffer, 18. James I.:-organ, 10. William Seaton, 19. Alexander Montgomery.

The Reverend Matthew Lang, a native of England,

appeared in open Court and was recognized ~s a regularly orcLained :.. ,:inister of the Ilethodist Wesleyan Church, and having taker1 the Oath of Allegiance his Cei"'tificate as such was d.uly signed..

The Grant Jury came i.nto Court with the follow­ ing Bills;- The King Rape. True :Bill on 11vhich a Bench 'Narrant vs .Alfred Thompson was ordered to be issued •

The King vs ) Assault. John Willoughby, ) John Strong, and Robert Strong,) True Bill.

The Defendants \Yi th leave of the Court traversea_, and the :Prosecutor, Thomas Perry, having made oath for Surety of the Peace against John YTilloughby, the said John WillouRhby was bound in £40.) Conditioned that John George Stevenson in £20.) ITilloughby should keep William Stevenson in £20.) the Peace until the first day of the next General Quarter Sessions and should on that day appear and

take his trial upon the aforesaid indictment. - 181 -

November, 1835, continued.

John Willoughby having made Oath for Surety of the Peace against Thomas Perr-:;·, the said Thomas :Ferry was bound in · £40. Conditioned that Thomas Perry John Perry 20. should keep the Peace until the James r;lcl!.iwin 2Co first day of the next Sessions.

},Jr. I 1avid Gibson, a Surveyor of Highways for the County of York, presented a Petition from 12 Freeholders of the Townshi1> of Etobicoke pra:7ing for the alteration of the Concession Road leading from the Lake Road to DuncLas

Street in the said Township and that a new road be opened: also that he had received notice of opposition to it, where­ upon the following Jury was sworn;- 1. John Vanzante, 7. Thomas Kaclem, 2. Daniel Henderson, 8. Jacob Castor, 3. Philip Wideman, 9. John Yeake, 4. 7/illiam Cook, 10. Joseph Lang, 5. ~Hll ia.m Hill, 11. James Dyen, 6. Samuel Irvine, 12. James Vanzante. Pro Witnesses.

1. David Gibson, 4. John Giles, 2. Thomas Montgomery, 5. Alexander Thompson, 3. J. ~. Gamble, Esq., 6. J. Gouldthor~e. Verdict; That Mr. Gibson's Report be confirmed.

The Grand Jury came into Court with the follow­ ing :Bills;- Rex vs rnliott, .Assault; True Bill.

TT vs r..,1unshaw, do. do.

" vs Enoch Davis & oth~rs. Riot; True Bill.

u vs Heffernan & al; Maliciously killing pigs. True :Bill.

" vs Elliott & Others; Assault; True :Sill. n vs Coule on. Assault. True Bill. " vs Elliott & Others. .A.ssaul t. True Bill. fl vs Thomas Falconer. Larceny. j_'rue Bill. The ::ing vs Falconer; Larceny; - 182 -

November, 1835, continued ..

1. Francis Russell, 7. Joseph Sanders, 2 .. Samuel Row, 8. Jose1Jh Brown, 3. Ira Anderson, 9. George Castor, 4. James Hamilton, 10. Samuel :Brillinger, 5. James Johnston, 11. Jacob Lemon, 6. Philip Bartholomew, 12. :17illiam Mussleman .. Pro. Witnesses Con ..

l. Patrick Brady. 1. J·am es Lang, 2. John Harty, 3. Agnes Falconer, 4. Daniel Falconer. Ver(iict;

The King vs Aaron JVmnshaw, arraigned ana. pleaa_ed ·Got Guilty and trial deferred till tomorrow.

The Reverend ~Villiam r.[cKillican, a natural born

subject of His l\!Ia,jesty, presented himself ana. was by :the Court recognized as a regularly ordained minister of the Scotch :Presbyterian Church, and having taken the Oath of Allegiance his Certificate as such was duly signed.

The Treasurer made his annual return of Wild lands Eight years in arrear.

The Court adjourned till 10 O'Clock to-morrow. -- 187 -

1 GU.1~T,;l~ti"·R Srl '.::,c,I()1\fC' ly,c r7 .. ·_, .' 1)_·- /l .,.--·. ______GENERAL ,._.t_J.....,;,,.i.._ .J.J~ .u.-:'·.J ...... l.·.~ ...... : ;J.: ...li..:..t·, ...:...... :'...til..~lJ

Th~_~_sd,~ lTovember 19th, 1835.

Present

.1). Boulton, ::~squire, Chairman. Francis Leys, Esquire, J.P.

The King vs Enoch Davis & Others. Riot. The Defendants

were arraigned ana. pl ead.ed. Not Guilty, and. the follovdng Jury were empaneled. 1. Stephen :Page, 7. Caleb Forsyth, '2. Norman Jones, 8. Wi 11 iam ilill, 3. John Earty, 9. Samuel Irvine, 4. John Vanzante, 10. ~:homas :~,.::acl em, 5. Vlilliam Cook, 11. Jacob Castor, 6. Philip Wideman, 12. John Yeake. Pro. Witnesses. Con. 1. Jane McDonell, 4. Emily Thurlly, 1. Wm. Harrison. 2. James Shaw, 5. f/m. Pringle. 3. George Fisher, Verdict; Guilty. Sentenced, to pay a fine of Five 11ounds each and. the costs and to remain in custody

till paid.

. The King vs Aaron Munshaw. Assault .

~he King vs O'Neal. Assault. Both these cases settled

with leave of the Court on payment of the Costs.

The King vs Heffernan & Others; 1\laliciousl:,r killing 11igs ¥

The Def~ndants Y1E.n'e arraign ea. and :pleaded not guilty, where

upon the following Jury were empaneled to try;

1. Joseph Long, 7. Joseph Saunders, 2. James Degear, 8. Samuel Brillinger, 3. Francis Russell, 9. Joseph Brown, 4. James Vanzante, 10. George Castor, 5. Samuel Rose, 11. Philip Bartholomew, 6. Ira Anderson, 12. Jacob Lemons.

Pro '.".'i tnes s es .

1. James Goldthorp, 3. Charles I\'IcKay, 2. George Goldthorp, 4. Mrs. Heffernan.

V~El-ICl, llot Guilty. - 184 -

:Erovember, 1835, continued.

The Reverend Horace ~ean, a naturalized subject of His Majesty presented himself and was by the Justices recognized as a regularly ordained }i~inister of the '/.'esleyan

I!lethodist Church in Canada and having taken the Oath of Allegiance his Certificate was duly signed.

The Grand Jury came into Court with the follow­ ing Bills:-

The King vs Robert Roberts; Larceny; True Bill.. Th~ King vs Bannerman; Assa.ult; True Bill.

The Treasurer returnea. his Annual ...~ ... ccount.

Robert Roberts was arraigned on his indictment for Larceny and. having pleaded }Tot Guilty the following

Jur~r was empaneled to try; - 1. Stephen Page, 7. William Rill, 2. John Harty, 8 .. Samuel Jones, 3. Daniel Henderson, 9. Thomas Maclem, 4. v7illiam Cook, 10. Jacob Castor, 5. Philip Wia.eman, 11. Peter Milne, Jr., 6. Caleb Forsyth, 12. John Yeake. Witness, 1. John Ross. Verdict Guilty. Sentence; one month's imprisonment in the Common Jail of the Home District.

The Court adjourned till to-morrow ~t 10 a.m. - 185 - IONS OF THt PEAUL Friday, Rovember 20th, 1835.

Present

I]' Arey Boulton, Esquire, Chairman, Peter Paterson, Esquire, J.P.

The King vs Sampson and al, for an Assault. The I)efendants were arraigned and pleaded Not Guilty and the following

Jury \Vas empaneled. to try, viz: -

1. Joseph Long, 7. Isaac Johnston, 2. James Degear, 8. James Johnston, 3. James ·vanzante, 9. Vincent Johnston, 4. Francis Russell, 10. Joseph S~unders, 5. Samuel Rose, 11. Joseph Brown, 6. James Hamilton, 12. George Castor,

Pro. 1//i tnesses Con. 1. ~illiam Molloy, l.James rrutchinson. Verdict; Uot Guilty.

In the matter of an appeal from the conviction of ~Jilliam Ashfield, Esquire, J.P., for an acsaul t on Robert Pudney, the follo½~ng Jury was sworn to try the matter of the appeal. Jur~t 1. Stephen Page,. 7. W1lliarri Hill, 2. John Harty, 8. Thomas Maclem, 3. Daniel Henderson, 9. Jacob Castor, Jr., 4·. John Vanzante, 10.·Philip Wideman, 5. WilliaL Cook, 11 .. John Yeake, 6. Caleb Forayt~r 12._ Baths. Lemon,

1.Vi tnesses. 1. Robert Pudney, 1. ~illiam Ashfield, 2. Robert Roberts, 2. Catherine Ashfield. 3. ~Hlliam Harrison. Verdict; That the Conviction be quashed.

The Xing vs :S:ugh Bannerman. The Defendant arraigned. Plead not guilty and with leave of the Court traversed. till next Sessions. - 186 -

Novembe~, 1835, continuec"t.

The Grancl Jury came into Court ,;,vith a Presentment concerning the Gaoler's salary. Also A Presentment against EJ.iakim '111i tney, Emanuel Tomlinson, and Marshall Porteous, for malicious miscJ1.ief, upon which a Bench 'i'11arrant was issued. for their a1rprehension.

Laid the Petition of James Hogg anc1 Others ,praying for an alteration in the place for holding the next Town­

ship meeting for the Township of York-', before the. Court

and Ord.erea- tlia t the I>eti tioners be infor~ed that the Magistrates have not, since the passing of the last Act,

any authority in the matter.

:.Ir. Gibson, ~~urv eyo r of Highways for the County· of York, presented his Report of a Road on the South side

of Lot 1Io .. 60 IVest side of Yonge Street in the Township of

Vaughan, which was ord.ered to be confirmed ancl opened, there being no oppdsition.

Arad Smalley, Esquire, one of the Surveyors of

Highways for the County of YorJ.r, presented. his Re1Jorts 1_;f the Roads following, viz:- Cne, a new Road ·from the· front

of Lot Ho. 2L1 in the Second Concession of the TovmshiJJ of North Gwillimbury to the Boundary Line bet7rnen the Townships of :North Gwillimbury and Georgina. Also A road in the said Township of North Gwillimbury commencing at the public Highway in the limit between Lots Nos. 13 and 14 in the Thir~ Concession of that Township and running. as in the said report is more particularly d·escribecl . - To which Reports there being no opposition they were ordered to be confirmed and opened. - 187 -

November, 1835, continued.

James E. Small, Esquire, the :Member for the City of Toronto_, presented the SIJeaker's Certificate of his service during the last Session of :?a.rliament and requested an order on the Treasurer for payment,·and it was ordered to lie over until the next adjourned Sessions.

The Court then adjourned till Saturday the 28th instant at the Clerk of the :Peace's Office at 12 O'Clock. - 188 - IN' GENER-1\L ADJOUR!1ED SJQ?JSI0:12TS Saturday,. -~------~·------_:.i_.28th Novembe~ ____1835. -~-

Present L. Boulton, Esquire, Chairman, :P. :Paterson, ) J • G • Chew it t , ) John King, ) Esquires, J.P. J. Ii". Smith, ) John Lynch, )

ORDKREl), That Messrs~ Paterson, Smith, King and Chewitt be,a Committee for auditing accounts.

OiillERED, That I-/I.r. John Rodery be appointed Inspec­ tor of Weights and L'leasures for the Rome District so long as he fills the situation of Clerk of the Market and no longer; and subject also to return the Weights and 1/~easures into the Office of the Clerk of the Peace on the termination of his appointment as such Clerk of the }/{arket ..

On the application of Ii.~r $ Small for his wages as Member for the City,

ORDT1~RE1), That the OI)inion of the Crown Officers be taken as to what it is inthe power of the Magistrates to do under the Act of last Session respecting wages to Members for Towns.

ORI)}mim, That Mr. _Joseph Spragge be a.p:pointea Path Master for that :part o:f' the road in the Township of

York lying between Sandford. Corner and thE1 IT.umber Bay.

Ul)on reading the Petitions of the Inhabitants of Albion and hearing the explanations of ~r. Guinett, the Chairman is requested to suggest to His I~xc~l1 oncy the propriety of ~ppointing Commissioners of the Court of Requests

.for Albion within the Tovvnship that the Inhabitants may not be under the necessity of going out of the Township to answer for debts.against them, anc1 which Court may as at Iffescnt a.o the duty for the North part of t~e Gore of Toronto in addition. - 189 - IN GENERAL ADJOURNED SESSIONS 28th November, 1835 ,. continued.

:Made out and delivered. to the Sheriff 7;ri t against wild lands eight years in arrears for taxes as returned by the Treasurer against the foll.owing Townships, viz:-

1. Albion, 11. Mulmur, 2. Adjala, 12. Oro, 3. Amaranth, ] .v.7- South Orillia, 4. Brock, 14. North Oril1ia, 5. Caledon, 15. Tecu.mseth, 6. Chinguacousy, 16. Thorah, 7. Innisfil, 17 .. Tay, 8. Mara, 18. Tiney, 9. Mono, 19. Tossorontio, 10. Melancthon, 20. Ves1,ra. - 190 -

1\1onc1.a:yJ-____31st lTovember, 183E>.

Present

Peter Paterson~ Esquire, J.P.,

James F. Smith, Esquire, J.P.

The account of the Trf:,asurer for the preceding year ending at the last Uovember Sessions was aud.i ted. at Two Thousancl ancl ninety eight pounds nine shillings and. three rience half11enny, and. ord.erecl to be printed.

The Court then adjourned till Monday next. - 191 - U:JOURN.El) GENIGRAL crnARTF~R SE:.3:3IUrn Monday, 7th December, 1835.

J?resent P. Paterson, Esquire, J.P. J. F. Smith, Bsquire, J.P.

The follovving accounts were aud.i tea. and orc1ered to be paid from the District funds, viz:-

Charles :Barnhart for articles furnished the Jail £16. 6. 3 Do. for board and lodging destitute insane from 2 July to 30 September, •. 37. 6. 0 Do. articles furnished Gaol, do. 18 .14. 113- Do. for Bread for lffisoners, . . . 23. 6.11 Do. for insane destitute for the 2nd Quarter, •. 44. 8. 6 Arad Smalley, Esq., Surveyor of Highways, .... 3.15. 0 Dr. Duggan for attending a Coroner's Inquest, .. 3. John Nixon for services as a Constable, •.. .11. James Cooper for Do. Do., ...... 1. 1. P. J?aterson & Sons for articles furnished Gaol,. 4. 4. Alex .. Hamilton for glazing Jail windmvs, ., • 4 .. 7 .. George Duggan, Esq., Coroner,l Apr. £4.19. 3 2 " 4.13. 9 3 " 3. 4. 1 12.17. 1 Messrs. Saxon & McKnight for bedding for Jail, . Correspondent Office for printing, 2. 8. 6 Courier Office for do., •....•••..•• .18. 8 James Gardner, Esq., Coroner, 3, 8 .. 10 Davia. Bridgford, Esq. , do. , • • . 1.10. 6

The Magistrates present no_t consia_ering themselves warranted in assuming the responsibility of auditing the. accounts of the Jailer and Sheriff for monies expended and rewards :paid for the ap11rehension of criminals who have escaped from the Jail in consequence of its inefficiency, requested that a meeting of the Magistrates in and neat Town might be called for Saturday next, and then adjourned. .... 192 -

ATIJOURl\JED GENKS..1L ~~UARTBR '.:',ESSIOHS Sa turd.a~-,? 12 December, 1835.

Present TI. Boulton, Esquire, Chairman,

.A. Wood., Esquire, J.P. P. Paterson, Esquire, J.P.

The Court adj ournea_ subject to the call of the Chairman, there being too few Justices present to take up the consideration of the S~eriff's and Jailer's accounts for monies expended in apprehending prisoners who have late- ly escaped from the Gaol of tl1e District. - 193 -

Monday,__ 28 Decembe :r, 1835 ..

The Chairman having ordered a meeting of the Justices at 12 O'Clock at noon this day, to take into consideration a communication from His Excellency the Lj_eutenant Governor, the following Justices assembled, viz:

James FitzG-ibbon, ) c. c. Small, ) J? • Paterson, ) J. lf. Smith, ) Bsquires, Justices of J. Lynch, ) w. Proud.foot, ) the J?eace. J. G. Chevrli tt ) and the Chairman not having attended the ·Justices adjourned subject to his call. - 194 - ADJOURHED GENERAL QUARTER SI~?,SIOifS Thursday, 30 December 1835. _.._L_,_, ·----.. =-.,, •. ·-··--·-

Present D. Boulton, Esquire, Chairman, Alexander Wood, C. C. Small, J. G. Chewi tt , Esquires, Justices of the R. C. Horne, FL. Stant 0J1, Peace. J. F. Smith, G. T. Denison,

The Court having taken into consio.eration a communication from His Excellency the Lieutenant Governor, inclosing a communication :from the Judges to His Excellency respecting the :prisoners and. prison discipline ·in the Jail of the Home District, the Clerk of the Peace was directed to address to the Sheriff and Treasurer respectively the following letters; Off ice of the Cl erk of the I''eace Tororrt o, 30th December, 1835. Sir On the subject of a communication from His Excel- lency the Lieutenant Goyernor, - I am directed by the l;agis­ trates to r~g_uest that you will furnish them with informa­ tion on the state of the Gaol of the District on the follow ing points with as little delay as possible; viz:- A list of the prisoners now in the Gaol, distin­ guishing between males and females; whether for trial or under sentence; their age; ancL stating the numbtff of children, if any, who are permitted to remain in the Gaol with their parents~ You will place orr;,os i te each name the quantity and quality of food daily allowed to each, and state if any assistance is allowed to any of the children allowea to reside in the Gaol. An Inve.ntory of the whole of the Gaol furniture provided for the comfort of the prisoners, distinguishing - 195 -

30 December, 1835, continued.

between clothing, bedding, and other necessaries. The num1)er of rooms occupied by the prisoners. The number of Stoves and Pire-places used in the Gaol, shevling in which fires are kept constantly used, those where they are maae

only for the part of the time. The average nunber of corcls of firewood furnished and consumed for the use of the

prisoners for the last three years. The average quantity of 2;trmv for bed.ding for the prisoners for the last three years. The number of persons confined in your charge

for a_ebt on civil process, and, as far as you may have it: in your power, to afford information as to their individual

means to su.p1·)Qrt themselves, and whatever any ana_ what particular cases relief to such persons has been provided from the public sources of the Districto

A list of persons em_~'.·loyed b~l you in the Gaol, their duties and emoluments allowed to each. You will be pleased to afford detailed information on subject of the insane anc1 their number in the Gaol, ana_ the a_escri:ption of the convenience and comfort in the way of food and

clothing furniE1hed for them, and as far as you ma:i.,. be able

to ascertain their forrner places of residence. You -will also be pleased to distinguish between the prisoners now

in custody and those committed by the Cit~r A.uthori ties since the incorpora,tion of the City of Toronto. .A.nd generaily that you will have the eooclness to affora_ for the informa­ tion of the I,.1agistratec. with the view to ,a full and am1)le report to the Government as ;7ou may thin~:: needful as to the general state of the Gaol in your charge and the ·prov~::: ion macte for the maintenance of the 1;risoners and ·their general condition under th~ present allowance for food,_ as ~ell as - 196 -

_____30th December.:...... ;..:_ ____ :::...... L,-=...=..:::u..:::::v...1,_ 18~G co11+·1.1lilU e~,Ct. the .i:.Iedical Attendance furnished. You 'ldl1 also be Jlleased to state whether the Medical Attendance is indiscriminate to debtors and criminals or to the latt~r only.

You will likewise have the good.ness to furnish the Magistrates with suggestions that may strike you as to any alterations or im:provements relating to the various r.mbj ects of this comrnunicat ion. I have the Honour to be Sir Your most obed.ient f~ervant,

S. 7lashburn. '.7illiam B. Jarius, I~sq. , ) Sheriff Home District.)

Office· of the Clerk of the Peace,

Toronto, 30 December, 1835. Sir The r/Lagistrates in Sessions this day have desired me to request that you ~ill, with as little delay as possible furnish them vvi th all the information within your cogni­ zance on the following heads, viz:- The average income and expenditure of the Home District for the last three years ancl from what sources the same was derived, with the different heads of expenditure.

The amount of c.lebts against the District remaining unpai a., distinguishing between ordinary and special debts, due the

Bank and. other Bodies corporate for loans. The ar.1ount of debts and monies outstanding claims on account of the Dis- trict, whether due by Collectors or others: as al2 o the

amount due by the City authorities with such particular2 as you may be able to give on this latter DOint. - 197 -

30th December~ 1835, continued.

The probable inpreased 8XDenditure unaer the Townships Officers Act of the last Session of Parliament. Ana_ generally any infonnation within your pov1er relating to the public points and e:x:r)endi ture of the District i7hich

you may consider useful on.the subject. I have the Honour to be Sir Your mof.::t obedient Servant,

~2-. \Yashburn.

F. T. Bil.lings, Esq. , Treasurer, &c. &c.,

H. D.

The Court thon adjourY.ted till r.:onclay next at 12 O'Clock. - 198 -

AI) J () u:rn i~Jj u. ,:;i: ;~Iu\ L crn Ar{ '.11 ER s Ls ::.: ION 3

11onday, 4 Januar~r, 1836.

The Court met pursuant to /i..6-journment.

Present D'Arcy Boulton, Esq_uire, Chairman.

Robert Stanton, Esquire, J .}? • Alexander ";rood, }~sq_uire, J.P.

Court adjourned till to-morrow at 10 O'Cloc}~ A.I:T. - 199 -

7 Tuesc1a~ , 5th January', 1836.

Court met pursuant to adjournment. Iresent

1) 'Arc-;/ Boulton, Esquire, Chairman,

J. 11. Gamble, Esquire, J.P. G. T. Denison,Esquire, J.I?. part of the time.

The following :persons received. Certificates for Licenses for Taverns for the ensuing year, viz:-

------,------··------~~--·-········--·--··---R}~SIDENCES. RATE.

.Anderson, John York, 52'/ .10 • Abram, Joseph Yonge Street, 7.10. A.rksey, John ~est Gwillimbury, 7.10. Anderson, Thomas Whitby, 6. Armstrong, John :Pickering, 7.10. Archdeacon, Thomas Chinguacousy, 3 .. Armstrong, Joseph Scarborough, 5. Armstrong, ~illiam Gore of 1:o ront o, 4.

Ba 1--Jre r , Mark Yorl,e, 5. Bowman, Robert Gore of Toronto, 4. :Burns, Thomas Yonge Street, 7.10. Bruce, Agnes Vespra, 3. r;i: Bingham, John .Barrie, u. Bell, J·ohn Scarboro', 5. B~llinger, I.& G. Streetsvill e, 7.10. Beach, Hiram Yonge Street, ?.10. Bingham, Henry Toronto, 5. Bland, John Gore of Toronto, 4. Bennett, Thomas \\Thi tby, 7.10. Bae on, ··2t,,. '.'i. York, 7.10. Ballard, ITilliam Pickering, 7.10. Card, Woodbury, York, 5. Crew, William Yonge Street, 7.10. Cornell, Edward Scarboro', 7.10. Cook, Jacob Dundas Street, 7.10. Cook, Richard. Toronto, 5. Cook, ~"/illiam Vaughan, 6. Carney, Richard Barrie, 3. Corkran, Thomas Zempenfelt, 3. Collard, ,B. Toronto, 7.10. Clark, John Vaughan, 7.10. Dyson, T. & }•• Churchville, 5. Davis, Joseph :Mono, 3. Drury, Richard Oro, 3 .. Dunseth, Samuel Iv'Iarkh:~1rn, 3. Douglas,. ITilliam Brock, 3. Dunning, A. Scarboro', 5. Dallis, Alexander Vaughan, 4. - 200 .....

5th Januar~10,_83G, continued... ------·-··- :tTAr.1E3. RESIDli:;{CES.

Edmonson, John West Gwillimbury, Elson, £,4. John York, 4. Elliott, William :Dundas Street, English, ?.lOe S. Scarboro', 7 .. 10. }finch, J .:D. York, 7.10. 1?arr ~ Joseph Dundas Street, Franks, 7 .10. · William. Chinguacousy, 5. Fletcher, Joseph Etobicoke, 1 5. ] ost er, ·,;villiam York, 4. Jfalls t William Humr)er, ? .101 .. Gilmour, John Caleoon, Gates, Jonathan Scarboro', 7.10. Gowlan, Eatthev;r Pickering, Galloway, 7 .10., Joseph York, 7 .10 .. Rockenridge, John Scarboro', 5. Hewitt, Joseph 12Tewmarket, 6. Hyde, John Streetsvi1le, 7.10. Hart, 1n1en Newmarket, 6. Hunter, George Markham, 4. Hodgson, Robert Etoliicoke, 5 .. IIealing, John Vaughan, 7.10. Reaney, Henry Pickering, 7.10. Hadley, Charles do. 7.10. Halliday, Wilfred w'1li tby, 6. Hays, John York, 4. Harrison, John Vaughan, 7 .. 10. Hoag, John ViJhi tby' 7 .10 •. Eerney, Alexander Mono, 3. Hopkins, George :Meaonte' 3. Jackson, Henry Dundas Street, 7.10. James, John York, Innisonne, 7.10. F. Orillia, 3. Ketchum, William :Markham, Kirby, ],rancis, .Albion, 6" Kendrick, Vvilliam Yonge Street, 7.10. Lobb, John IEedont e, 3. Latimer, John \'/est Gwillimbury, Lym burner, 3. IL Vaughan, 6. Lepara ~ 1 John East Gwillirnbury, 4. Lawrence, J.M. Orillia, Leflar, John 3. Credit, 7 .10 .. 1.1luir, John Scarboro', McDonald., F. 7.10. ~:horah, 3. Montgomery, John Yonge Street, McKay, Robert, 7.10. Innisfil, 3. Mills, Parker York, McLean, James 7.10. Humber, 5. Musson, Edward do. ~11arlow, Hugh 5. :Flos, 3. McPherson, WiJ.liam LTarkham, Mair, John 5. Whitchurch, 7.10. McNulty, John King, Montgomery, Thomas 7.10. Etobicoke, 7.10. - 201 -

5th January, 1836, continued..

' +,

mtsnmnc1D.·-··---~- RATE.

11/lcLeod, Donald ~J1li tchurch, '£7.10. Mosin, Thornas Newmarket, 6. Molyneux, S. Springfield, 7.10. :Mon1rrna.n, G-eorge Markham, 4. lloore, Hiram East Gwillimbury, 5. Monro, Alexander Thorah, 3.

Nixon, John M.arkham., 6. f7 Nichol, Robert ].'.J:ea.ont e, D. O'Hearne, Francis Yonge Street, 7.lOe Post, Asa Pickering, 7.lOo Polly, Moses Credit, 5 .. Penfiela., J... d.ny Tecmro.seth, 3. Plank, John T. Uxbridge, 3. Ramage, James York, 5 .. Reea., Thomas 11arkham, 6. 1 Robinson, Joel, F. ·~ :est Gwill i.mbury, 3. Shepard, Thomas Yonge Strfrnt, '7.10. Scott, V/illiam J)undas Street, ? .. 10. Smith, S~hom:pson York, 7.10. St e':phens, James rn1i tb:;r, 7.10. Smith, Joseph York, 5. Shuttleworth, John Etobicoke, 4. Sibbald, John Innisfi1, 3. Seaton, Jonathan Toronto, 4., rz Southern, John West Gwillimbury, v •

Turley, ]~dward York, 7.10 .. Tilt, John Albion, 5. 1.I:aylor, F. Scarboro', 3. Thew, George Pat Wina.sor, 6. Todd, William Markham, 6. Tiers, John Toronto, 7.10. ~.7eatherheaa., R. Yonge Street, 7.10. 1:fallaoe, Robert Tay, 3., Wolfe, John Chingu.a.cour1y, 5. Wilcoxon, f{obert Whi tl)y, 7.10. TNalker, Robert Yonge Street, 7.10. ·;alliams, James " " 7.10. v}alls, Charles Scarboro', 5.

Young, 1.all.iam Toronto, 7.10.

Court adjourned subject to the call of ~he Chairman. .... 202 -

Tue::,day, 12 Januar;[, 1836.

Court met 1mrsuant to call of Chairman. J'resent

D I Arey }:ioul ton, Esquire, Chairman, James F. Smith, Esquire, J.P.

The petition of Robert TTalker for a Tavern License was laid before the Cou.r·t a.nD. granted on payment of £7 .10. (Township of York).

Court adjourned subject to the call of the

Chairman. - 203 -

A])JOURNLD QUART.~:R ~3i 1;3SIChS Ob") i'h.1:: rDACL ,._., .... _____ ~-~--- ~-~~--- ·------___ _..., .• t,100.nesnay,4 T "I :, 13· Januarv 1835 . . ___.______~~'-·-··---~-

Present

D. Boulton, F.Jsquire, Chairman, R. Stanton, Esquire, J.P. J. ]'. Smith, Esquire, J.P.

ORDERED, That the Chairnan, E. Stanton, :=JsquiTe ano. i~-illiam Proudfoot, Esq_uire, be a Committee to take into com:dderation and report upon the Communication of TTis Excellency the Lieu.tenant Governor respecting the Fri~wn and prison discipline in the Gaol of the District0

The account of William :esbitt, a Constable, for services, was audited at £3. 3. 9 and ordered to be

:pa.id. out of the District funds. - 204 -

ADJOlJF]L!D QUART::r~gESSIONS OF THE }?LACE

I~Ionday,_2_5 January, 1836.

Present James F. Smith, Esg_uiret F. Paterson, Esquire, J.P.

The following accounts were aud.i ted ancl ordered to be paid from the District Treasury, viz: ....

Charles Barnhart, Jailor, for articles furnished the Gaol to the 31st ])ecernber last, inolu2 i ve, £16 .18 .. O}

Sarne for :Eread. for same period, • . . . Same for boarding destitute insane, .. 3?.19. E, - 205 -

})resent D. Boulton, Esquire, Chairman, P. Pa ten.rnn, J. Lynch, A. V'food, Esquires, Justices of the Peace. J. F. Smith, R. Stanton,

The Chairman laid_ before the Court a :petition from Charles Barnhart, the Keeper of the District Gaol, respecting the escape of divers prisoners confined for crime in the said Gaol, addressed to His Excellency the Lieutenant

Governor and ·by him refe~red to the M:agistrates for their observations. W'hereupon it was

ORDl~REm, That the Cl,3rk of the reace c1o tnn~r~L,it to His Excellency the following Resolution thereon: That the Justices have no reason to doubt the facts stated in Ilr. Barnl1art's petition and that the esca:pes have arisen in a great measure from the inefficient state of the Irison under his charge, but tbat they cannot bring themselves to think that this or any District is bouncl to pay for the apprehension of felons vrho have escaped from custody and whose crimes are against the Public at large and not against any particular lHstric"c; ancl that in their

01;inion they cannot direct the District funds to that nur­

:pose as those funds are by Lmv appropriated to specific purposes. But as it is evident the petitioner has been put to great trouble ana. expense they recornuond him to the favourable notice of His Bxcellency the J,ieutenant Governor to be remunerated. out of any ~unds belonging to the Govern­ ment and applicable to that purDose. - 206 -

ADJ OURJfSD (;~u ARt~3:fl ?, }i};J ;~a OHS OH TEE p ;- 1~ t:..g L

]'ebruary 11th~ 1836, continuea..

ORJ)LR.I:J) ,_ That the Treasurer be desired. to make application to the Corporation for a Statement of the Assessments for the years 1834 and 18~55, shewing the amount due from the Corporation to the _Home District for taxes collected and collectable for those years.