Records Clerk of Peace Office Home District of York.
Quarter SessioreMinutes 1810-1867.
4------
These records were copied for me from the originals in the Office of the Clerk of the Peace, Toro.nto.
Volume XI. contains the minutes for the years 1840-1842.
VOL. XI.
Toronto. 1910. MEETINGS OF THE HOME DISTRICT
G·ENERAL QUARTER SESSIONS OF THE :PEACE
CITY ..QJ __~ORONTO
In the year
l 8 4 0. - 158 - GENERAL QUARTER SESSIONS 7th April, 1~40.
Present John W. Gamble, Esquire, Chairman, E.W. Thomson, Alexander Burnside, Esquires. Charles MoVittie, Benjamin Thorne,
Clerk of the Peaoe read the Commission, The following Grand Jury were sworn:- Rioha.rd Simmons, Foreman, John Mair, John Selby, Richard ]Hachell, Henry Mosley, .Aaron Playtor, William Sibbald, Benjamin W. Smith, William M. W. Richardson, Philip Lyne, Arthur King, Michael Empey, John Arksey, Thom.as J. Winch, Henry Chapman, William Selby, Archibald MoMillan, Robert Howard, Morde~ai Millard, Hiram Moore, John R. Wilson.
The Chairman charged the Grand Jury. Swore Constable to attend the same. Crier gave notice of Claims under Heir and Devisee Act:- THOMAS CHATTERSON, South part of Eo.23 in Broken Front of Whitbyt as assignee of Mary Smith and Benjamin Rodge. JAJ.1[ES KEERAN, East halves of 26 and. 26 in 2nd Concession Albion, as Heir at Law of Simon Keeran. OWEN McGRATH, West half No.3 in 1st Concession Brook, as Assignee of Bernard Quin, Heir at Law of James Quin. JOHN MAGUIRE, East half of 23 in 7th Concession Mono, Assignee of Thomas Campbell, who was Assignee of Robert McFarlane . .ADAM HE}IBY MEYERS, East half of No. 2 in 8th Concession Orillia N.D., as Assignee of Peter Caverley the Heir at Law of Stephen Caverley. BENJAMIN HODGES, South half No.23 in Broken Front of Whitbr, as Heir at Law of Elizabeth Hodges deceased, devisee of Henry Smith. - 169 - GENERAL QUARTER SESSI0~~~-7th April, 1840, continued.
Swore Charles McGrath to go before the Grand Jury in Queen vs T. R. Lusty; Larceny. Grand Jury came into Court with a true Bill in the Queen vs Lusty. Charles McGrath, Esquire, :put in an affidavit of the absence of a material witness in the above oa.se, and upon. his application the oase was Traversed to the Assizes.
Robert Bonesteel and Samuel Seaman applied for and obtaj_ned Certificates of their being Claimants of U .E. Rights, and took the Oath of Allegiance.
Swore Ellen Glassford to go before the Grand Jury_ in the Queen vs Jane MoKibbon.
The Reverend. George Galloway appeared before the Court, and produced a Certi~ioate from the Reverend W. T. Leach, that he had been duly ordained a Minister of the Church of Sootland for the Township of Markham. Where- upon a Certificate was issued by the Court and the Oath of Allegiance was administered to him.
Hiram P·iper took the Oath as Ins:peotor of Weights and Measures for the Rome District.
Grand Ju.ry came into Court with a True Bill in the Queen vs Jane MoKibbon. Jane McKibbon was put upon her Trial; plea Not Guilty. The following Jury was sworn.-
Jonathan :Buller, Wright Burkett, William Medcalfe, William Law, Edward Clark, David Watson, Jacob Wells, John l)avison, William Wallis, James Todd, George Bell. Witness sworn; Ellen Glassford. Verdict; Guilty. Sentence; Fine 5s. and. Costs, and to be imprisoned till said. Fine and Costs are paid. Adjourn.ad till to-morrow at 10 o'clock A.M. - 160 -
GID1ERAL crn.AHT:J.rn SESSIOJ:fS 8th Apri~, 1840 ..
Court met ~ursuant to adjournment. Present John W. Gamble, Esquire, Chairman, James O. B. Bourchier,) ( Charles McVittie, Alexand.er Burnside, ) Esquires. ( George Monro, Benjamin Thorne, ) ( James Adam.
Swore - - Burns, Witness, Grand Jury. Queen vs Devenill. Grand Jury brought in a True Bill in Queen vs Devenill. John Devenill was put u~on his Trial on the Indictment for Larceny. Plea, Guilty. Sentenced to be imprisoned one month at hard labor.
Swore L. Hayden, witness Grand Jury. Swore Ann Hadley and Ann Radley the younger, Queen vs. Bennet and others. Swore Charles Hadley.
The Public Accounts were taken U:P, and the further consideration of them adjourned until Saturday 11th Instant.
Grand Jury brought in True Bills in the cases, Queen vs Bennet and Others, Riot. Queen vs Charles Arkland, Assault.
Whereas it has been made to appear by Robert Parker, Town Clerk for the Township of King for the year 1839, that there are no Justices of the Peace in the aaid Township, by whose direotions the money arising from the Wild Land Tax, oan be expended, and that it would greatly benefit the Inhabitants of said. Township if such money were laid out on the side li~e between Lots Nos. 5 and 6, in the 6th, 7th and 8th Concessions. - 161 - GENERAL ·~UARTER SESSIONS, 8th April, 1840, continued.
OBDERFID, That the said Robert Parker do pay over to the Town Clerk- for the present year any money,now in his hands, arising from the Wild Land Tax, after ~aying for the work directed to be done by John Snook, Esquire, in
1839, and which has actually been performed, and that the said Balance, together with the amount of Wild Land Tax since received by the Town Clerk, be la.id out under the direction of the Town Wardens for the said Township on the said Line and in the Concessions above mentioned.
Benjamin Osborne. applied for and obtained a Certificate of his being a Claimant of U. E. Rights, and took the Oath of Allegiance.
The Indictments Q.ueen vs Robinson and Others. and Q.ueen vs Dobson and others, were quashed by d.ireot ion of the Court on the application of the parties on both sides, on payment of Costs.
Adjourned. till to-morrow at 10 A.M. ,_ 162 - GENERAL QUARTER SESSIONS Thursday, 9th April, 1840.
Present John W. Gamble, Esquire, Chairman, Lawrence Hayden, ) Alexander Burnside,) Esquires. Charles McVittie, )
William l\rralien was put upon his trial and the following Jury was sworn:- Assault; Plea Not Guilty. Jury Aaron Qakeway, A. Giltvrey, Abraham Doan, ·1saac·Lyman, George Wright, John Holdsworth, William Thompson, Thomas Raper, Thomas Mo.A.dam, John navison, Alexander Jones, Vlilliam Wallis. Verdict; Guilty. Fined lOs. and Costs. Witnesses sworn~ Robert Edwards, For Defendant. Hugh Johnson, John McNeil. Isaac Wilson.
Swore Mary Switzer to go before the Grand Jury. " William R. Bennett, do. n Alexander Nelson, do. In the Queen vs Charles Hadley and others.
Thomas King Lusty in £60. George Wooden and Ira Vanklen burg in £25. each, entered into Recognizance for the ap pearance of the former at the next Assizes to answer to a charge of Larceny.
The oases of the Queen vs W.R. Bennett and Others for Riot, and the ~ueen vs Hadley and Others, Assault, were put off till the Assizes on the application of the
Counsel on both sides; and the Recognizances of all the parties were ordered to be extended accordingly. .... 163 ....
QUARTlm SES~IONS '·-9th_ April, 184_9, continued.
Isaac Arnold obtained Certificates as a·cla.imant of U. E. Rights, and took t~e Oath of Allegiance.
Charles Arkland was put upon his trial,- .Assault .. The following Jury was sworn. James Todd, Thomas Milla.rel, Wright Burkett, Amos HolHngshead., George Bell, John W. Kermott, Jeremiah Graham, James Cascad.i11, Enos Doan, Edward Clark, Jonathan Fuller, Jacob Wells. Witnesses sworn;- Lawrence Hayden, Daniel Comstock, John McGill; John Armstrong.
Verd.ict; Not Guilty.
The Jury ca.-me into Court with a Verdict of Guil t~r in the case - Queen vs William Malien.
Grand Jury brought in a True Bill against Charles Hadley and Others. Also a True Bill against Esham Card for Felony. Issued a Bench Warrant .. Called Peter Rowan, John Doyle, Jeffrey 1:Jright and John Thompson upon.their Recognizances; which were ordered to be Estreated.
Grand. Jury brought in a Presentment repreE~enting the state of the Jail. Stating that they had e:x:amined the account for the support of Insane Persons for the past year and recommendit1g an allowance of ten shillings per head per week for their support for the current year.
A P·etition of Abner Hind and fifty other persons praying that the Township of Reach be set off into a separate division of the Court of Requests for the Home District, was read.
ORJ)ERI!m, That the Township of Reach be set off into a se1)arate Divisiol"1 of the Court of Requests accoraingly to be called the 24th Division.
Adjourned till Saturday the 11th April at 11 O'Clock. - 164 -
.ADJOURNED ·- GEMERA.1 ~lT.A.RTI!:R SES~ JQNS Saturday, 11th April, .1:§40_._
Court met :pursuant to adjournment. Present John William Gamble, Esquire, Chairman, William Proud.foot, ) James O. B. Bourohier,) Luoius O'Brien, ) Thomas W. Birchall, ) Esquires, Justices. Alexander Burnside, ) Charles McVittie, ) Robert Stanton, ·) James McGrath, and ) George Monro, )
The following District accounts were taken up and audited. No. l. The Jailor's account for Bread and Soup up to 31st December, 1839, • . £30. 6. 4 2. Do. do. up to 31st March, 1840, • • • • 36.16. 4 3. Do. do. for su~port of Insane to 31.Dec.'39. 42.19. 3 4. Do. d.o. " " n " to 31 March,' 40, 49. 6. 91 5. Do. do. for disbursements up to 31 Dec.1839, 12. 7. 4"' 6 • Do • do. " " " 31 March, 1840, 17.16.: 6½ 7. William Musson's accounts for work at Gaol and Court House, •••••• 16.13.11½ 8. Thomas Fisher's accounts as Coroner, •••.• 13. 8. 3 ·wnliam Higgins, High Constable, laid before the Bench several orders for his Salary as High Bailiff of York previous to its being incorpor~ted as the City of Toronto, and which were direoted to be :paid. by the Treasurer •. 9. Thomas Drury Junior, as Coroner, • • • . • • 1.10. 10. Messrs. Wragg & Co., for articles furnished Gaol, • • • • • • . .13. 8 11. Dr. King's account for attending inquest in Whitby, • • • . 6. The Yeas and. Nays were taken on allowing Dr. King Mileage in travelling to and returning from the Inquest, as follows; Yeas, O'Brien; Nays, Birchall, Proudfoot, Burnside, Bour ohier and MoVittie. 12. Dr. Hornby's account for attending Inquest, . 3. The Yeas and. Nays being taken on the question of allowing a Constable to attend. Coroner's Inquest, were as follows:- Yeas, McGrath, Bourchier,·MoVittie, Stanton, - 4. Nays, O'Brien, Birchall, P·roudfoot, Burnside - 4. The Chairman gave his casting vote ' with the Yeas. - 165 - ADJOURNED GENERAL QUARTER SESSIONS 11th April, 1840, continued.
ORDERED, That Seven shillings and six pence ]er diem be allowed Constables for attending Inquests, whose accounts are to be certified by the Coroner. No. 13. John Webb's a.ooount for sweeping chimneys, £16.• 15. 6 14. John Taylor's account for woo~, •.. 54. 8. 4~ 15. Francis Thomas' a/o. for repairs to Treasure~'s Office, ••.•••. .16. 16. Alexander Hamilton's a/c. for glazing at Gaol, a. 4. 17. John Thompson's aooount for irater,. • • • • 4.13. 4 18. Rogers & Thompson for Printing, •••••• 2. 2. 6 19. Richard Murphy for servioes as Constable, • 3.15. 7 20. Samuel Parke n " " n . 3. Mr. Bourohier laid before the Benoh a claim for expenses in attending the General Quarter Sessions to prosecute John Thompson for Larceny, who has escaped, whereupon it was moved by Dr.O'Brien, seconded by Mr. MoVittie, That considering the peculiar oircu.mstanoes oonneoted with Mr. Bourchier's a~plication presented this day; the charge for 6 Witnesses at 5s. per diem for each for 10 d.ays, and. that Mr. Bourchier be allowed at the same rate for 5 days for the time that he came down reasonably expecting that the ~uarter Sessions would have been then··held but which had been postponeA by Act of Parliament, the whole charge amounting, • • . • . . • • . . . . 13.15. 21. Thomas Foster for Water, • . • • • • • 4.17. 4 22. Donald MoCallum's account as Constable, . 5.14. 4½ 23. John MoGregor's " " •• 9 .17. 7 24. James Severs for refreshments furnished Jury by order of Chairman in the Q.ueen vs Malien, • 7. 6 25. John McGill's account for services as Constable,2. 2. 6
Messrs. Birchall· and Burnside, the Committee appointed to investigate the accounts between the City of Toronto and the Home D·ietriot, .brought in a Report shewing a balance in favour of the District of £1,166.17.6, and. upon a motion for the adoption of the Report the Yeas and Nays were taken as follows-
Yeas. ~ays. Messrs. O'Brien, Birchall, Mr. Monro. McVittie, Burnside, McGrath, Bourohier, & Stanton.7.
Catried in the affirmative by a Majority of 6. .... 166 -
ADJOURNED GE~lr.DRAL QUARTER SESSIONS 11th April, 1840, continued.
Read the Ap~lieation of John Kidd,·Gaoler, for some assistance in keepi~g the Gaol, whereupon, IT WAS ORDF..RED, that he be allowed to employ one Special Constable or ~urnkey until after the next Assizes, the remuneration not to exceed 5s. per day, and the person appointed to be approved by the Sheriff.
Mr. Stanton requested the Chairrran to place his aooount,that had been reduced in July 1839 from £69.4.6. to £33.2.3, for printing, which was done and audited in full, . £69. 4. 6
£ 419 .11. 6½ The Yeas and Nays were taken.
Yeas; 1Kessrs. O'Brien, Birchall, McGrath, Bourohier, & Monro, - 5 Nays; Messrs. MoVi'ttie and Burnside, - 2; Majority~ - 3.
ORDER&D That the Chairman be authorized to wait on the Corporation of the City for the purpose of ascertain ing what arrangements they oan make for the settlement of the aooount between the City and District.
The following persons were appointed Constables for the Home District for the year 1840:- William Higgins, High Constable.
ORILLIA. , UXBRIDGE. John Porter, Henry Fraser, John Fralick, Calvin Davis, Jude M. Lawrence, James Wilson. Jaoob Gill, VAUGHAN. J. McBride. John Roe., . Thomas ,McAdams, SCARBORO', MARA. John Fra:rut. Jonathan Gate~, John Cameron, William Pherrill, Donald McDonald., G·eorge Stephenson,' Roland McDonald. William McPherson William Ketchum, ' J. W. Crosby, ·Henry Willson. - 167 -
ADJOUR~1ED GElIBRAL Q,U1\.RTER SESSIO~TS
11th April, lt:140 ,_ -0ontinue.§..~--
PICKERING. TAY. ETOBICOKE. Henry Majors, Thomas Landrigan, Edward_ Musson. William Hartrick, Isaac Hart, TORONTO. WHITBY. TINY. Charles Cameron, Thomas Flemming, Patrick H.O'Beirne, John Glendenning, John McGregor, Toussant Bouche, John Ballinger, Thomas A. Scripture, T. Le Duke, Thomas Smith, John McGill. James Bowden. John Parke, Thomas Clifton. REACH. MEDONTE. TORONTO, (East Reuben Crandell, John Bell, ,_,. Centre Road.) George Moore, Thomas Tllompson, Stephen Bishop, Alexander Cullen, BROCK. John McKinley, Wait Leveet ... William Boyd. John Medcalfe, GORE OF TORONTO. Neil :McFadden. :PENETANGUISHENE. John Gibson, THORAH. Robert Jeff, John Nixon. Lewis Cummings, Donald McCallum, CHINGUACOUSY. Archibald McBain, CALEDOiT. Charles Robinson, Martin Salisbury, Thomas McDonald. William Willoughby, James Brown, James Hunter. Robert Finch. GEORGINA. ALBION. John Comer, Samuel Parke. Albert Finch, Marshal Yourdt G-eorge Taylor, John Marshell, N. GWILLIMBURY. William Aohison, Gilchrist Duncan.
Alexander Long, KING. .A.DJ ALA & MOMO. James Evans, John Reid. Daniel Kennedy, John Cobane, John St.evenson, James MoOana, W. GWILLHlBURY. Thomas Davis, Charles Carson. Richard Murphy. William Reid, John Daily, \VHITCHURCH. James Evans. William Garbutt, E • GW ILL H/lBURY • John Mair, William Metcalfe, Edward Howard., George Bache, Robert Howard .. James Hall.
Court adjourned till Monday the 11 Ma.y at 12 O'Clock noon. - 168 -
ADJoum11m Gh:NERJI..L QUAm1ER SESSJ.QNS
Monday_, 11th _Ivl~,Y., 184.0 •.. ~
Court met pursuant to adjournment. Present John William Gamble, Esquire, Chairman, Dr. O'Brien, ) Dr. Burnside, } Charles C. Small, ) Esquires, Justices. E·dward W. ~hompson,) Charles :McVittie, )
The Chairman submitted. to the Meeting a letter from Mr. Sheriff Jarvis proposing that each District should advance (by way of loan) to the Government such amounts as iEi now paid by the District for the support of the Insane, and enclosing.an address to the Hon. C. P. Thomson from the House of Assembly, praying him to provide a temporary Asylum for the reception of the Insane ·of this Province . .Also a letter from Mr. Gamble to the Sheriff in answer to his communication, stating that he could safely take upon himself to say that the Justices will have great satisfac tion in directing that the rate now chargeable upon the District funds for the support within the Gaol of each Destitute Insane Person be paid Quarterly for their care and maintenance in· any temporary Asylum the G-overnmen.t may provide for that purpose.
Which answer vvas approved. of by the Bench.
Dr. Gwynne, I,r. Wid.mer, Dr. King, T. W. Birchall, William Proudfoot and J. S. Baldwin, Esquires, came into the room. It was then moved by Dr. Widmer seconded by Mr. Small and ORDERED, That the conditions upon which the remaining Lots of the Gaol and Court House Block shall be - 169 - ADJOURNED GENERAL· QUARTER SESSIONS 11th May; 1840, continued. offered for sale, be altered at the Sale thereof on Tuesday the 12th Instant, as follows:- Viz:- That the purchasers shall- not be held bound to build within any specified time, nor in acoorctanoe vJith any specific plan.
That the Lots on Church Street be put up at the price of £350, one fourth of·the purohase money to be paid at time of Sale, the remaining three Instalments in three equal Triennial Instalments, and the Interest on the whole sum remaining unpaid. to be :paid half yearly from the date of the Sale.
That the Lots on Newgate and Toronto Streets be put u:p at £300. each, on the same conditions. (Nem.0011.)
It was then moved by Dr. O'Brien seconded by Mr. Small, That a s:pace of Thirty feet in the rear of the Lots on Church, Newgate and Toronto Streets, be reserved for a back lane or passage to those Lots, and that the remainder of the central space be reserved for the future disposal of District. Upon whioh the Yeas and. ~Tays were taken as follows: YEAS. NAYS. Messrs. Baldwin, Proudfoot, :Messrs. Widmer, Gwynne, King, .McVittie, Thompson and Birchall, O'Brien, Armstrong, - 4. Small & Burnside, - 8.
Carried in the affirmative by a Ma_jority of 4.
On the motion of Mr. Thompson seconded by Mr. Small, it was - 170 ....
ADJOURN}JD GErrnRAL QU.ARTE}R SES.SIGNS 11th May, 1840, continued.
ORDERED, That when this Court ao adjourn it stand.a adjourned. until Thursday the 28th of May Instant, and that an adjourned Sessions be held every fourth Thursday thereafter.
On the motion of Dr. O'Brien seconded by Mr. Small, it was ORDERED, That the Clerk of the Peace direct the Righ Constable and Crier to be in attendance at EVERY
Sessions, General or Special, and. notify to them that no excuse will be taken for their absence on such occasions, unless it be bodily sickness.
The Chairman having read to the Bench the Report
of :Mr. Howard_, sent in by him in compliance with the ord.er of Sessions of the 12th of March last. It was thereupon moved by Dr. Widmer seconded by Dr. O'Brien, and RESOLVED, That Mr. Howar laid before the Court; They (o not observe_ any sufficient reasons adduced by him for rescinding the Order of 12th of March last. The Petition of Thomas MoKenna and 41 other Inhab itants of Markham and Scarboro', and of John Wells and 36 other Inhabitants of King and. Vaugh~n, praying for surveys of the Town lines between those Townships respectively, having been presented by the Chairman it was ORDERED, That the prayer of the Petitioners be granted at the ensuing General Quarter Sessions to be held on the 7th July next, unless cause should then be shewn why the said lines should not be run;· and that Notice of~this .... 171 - ADJOURNED GEIDJRAL QU.ARTF.~R SESSION'S 11th May, l-8!.Q, continued. Order be given in the several News)?a:pers of the District for three weeks. Several Certificates for Tavern Licenses were Ordered to issue; - see rough·Minute Book.- Court adjourned till Thursday the 28th Instant at 12 O'Clock. - 172 - ADJOURlTED GENERAL G~UARTE~R S~S~ONS Thursday, 28th May, 1840. The Court met ~ursuant to adjournment. Present John William Gamble, Esquire, Chairman, Thomas Fisher, ) Esquires, William H. Patterson, Christopher Widmer,} Thomas W. Birchall, Edward W. Thomson, ) Justiees. The Clerk of the Peace read. the Minutes of the last Meeting. ORDERED, That the Clerk of the Peace be directed to procure a Dozen of ohairs for the use of the Office. The Clerk of the Peace re~orted to the Bench that Lots Nos. 3 and 4 on Church (of the Gaol and Court House Block) were sold on the 12th Instant to Dr. Widmer, and No. 5 to Cha.rl es Berczy Esquire, at the u11set :pr.ice of £350. each, and that the. remaining Lots on the Block had. been put up to Auction but that there v;ere not any bid.ders present. James R. Armstrong, Esquire, came into the Meeting. OIIDERBD, That the Clerk of the Peace be d.irected to prepare Deeds for the three Lots stated. by him to have been sold_. It was moved by Mr. Fisher seconded by Mr. Henderson, That the Treasurer be directed to pay ten pounds from the funds of the District to defray the expense of repairing the Bridge at Weston in the Township of Etobico1rn, the money to be paid to such persons as the Justices of the Township may direct upon their certificate that the money has been faithfully expended; and which was Ordered accordingly. - 173 - ADJOURNED_____ §-EUER.A.L . gUARTEH SESSIONS 28th ~•·lay,_ 1840, . cont inned. Messrs. Fisher and Henderson left the Meeting. It was then moved by Dr. Widmer seconded by Mr. Birchall, That as the sum of Five Hund.red. Pounds is now available to the District from the City Funds, and that as the Treasurer reports Five Hundred ?ounds surplus revenue in his hands of the District, It be Resolved that these sums be paid into the Bank of Upper Canada on account of the balance of Three Thousand Pounds due upon the old debt of the District; which was Ordered accordingly; Nern.Con. It was moved by Dr. Widmer seconded by Mr. Patterson, and. ORDERED, That the Treasurer be directed to apply to the Bank of Upper Canada for a further loan of £1,000. on the Promissory note of the Chairman, secured. collaterally by the present Mortgage on the Jail and Court House Block. It was then moved by Dr. Wid.mer seconded, by Mr. Birchall, and ORDERED, That in oonsequenoe of the report of the Clerk of the Peace on the sale of the Lots of the G·aol and Court House Blook, on the 12th Instant, the price of the Lots on Newgate Street be reduced to £250. each; and the Clerk of the Peace be authorized to sell any of the remaining Lots of the Block by private sale, at the upset price, on the Conditions formerly specified. Court adjourned till Thursday the 25th Proximo at 12 O'Clock noon. - 174 ,_ ADJOURNED GENirnAL QUARTER SESSIONS Thursday, 25th June, 1840. c·ourt met pursuant to adjournment. Present John William Gamble, Esquire, Chairman, William Proudfoot, ) Hugh Richardson, Alexander ~urnside, ) William Parson, Christo~her Widmer, ) Lucius O'Brien, John King, ) Esquires. D. Cameron, H. C. Thomson, ) James R. Armstrong, Riohard C. Gapper, ) Charles ·.McVi ttie, Ron.Augustus Baldwin,) William Gamble, Thomas Fisher, ) Charles C. Small. The Chairman read. the following letter from Joseph Cawthra, Esquire:- Toronto, 8th June, 1840. Sir, Having understood that the Committee for building the New Gaol and Court Rouse are desirous of disposing of the Mortgages held by the Bank of Upper Canada, on the Lots of the Old Gaol and Court House on King Street, amount ing in all to £7,300. Currency, and that the Committee, ta.king into consideration the length of time the :Mortgages have to·run (nearly nineteen years) and trouble of collection from so many parties, would sell at a discount, and having some money which I would invest in such securityt I would be willing at once to take an assignment for the whole amount at a discount of 12 per cent., I shall therefore thank you to call a meeting of the Magistrates at your earliest convenience, in order to take their opinion of the subject, and should they approve I shall be ready to enter into the arrangement. Your obedient Servant, Jos. Cawthra. To/ John W. Gamble, Esquire, Chairman of the Quarter Sessions. .... 176 .... ADJOUmTED GEllERAL QUARTER SESSIONS 25th June, 1840, continued. Whereupon, It was moved by Dr •. Widmer seconded by Dr. O'Brien, that the offer of :Mr. Cawthra to purchase the Mortgages on the Gaol and Court House Blocks, at a discount of 12 per cent., be accepted; upon which the Yeas and. Nays were taken as follows: - YE.A.S. NAYS. Messrs. King, Gapper, Messrs. Charles C. Small, Widmer, Monro, Fisher, E.W. Thomson, Thorne, Bald.win, ~wart , Burnside, and Parsons; 4. Proudfoot, O'Brien, MoVittie and Armstrong; - 12. Motion carried. in the affirmative by a majority of 8. The Clerk of the Peace was directed to communicate this to Mr.- Cawthra. It was then moved by Dr. O'Brien seconded by Mr. Armstrong, and RESOLV~D, That we are informed that His Excellency the Lieutenant Governor has been pleased to direct that the intended Lunatic Asylum shall be erected at Kingston and not at Toronto; and that we receive this information with great regret, on the following grounds; Because it is in direct op:posi tion to the wishes of the House of Assembly, as expressed by their vote of last Session, when a motion to address His Excellency the Governor General to locate the said Asylum at Kingston was rejected, with the expressed understanding of the House that Toronto would be preferable. Because it must be indisputable that this Asylum or any similar institution which is formed. for the general good. of the cornmuni ty, and at the general expense, \Vi thout reference to the advantage of any particular locality, - 176 - ADJOURNBD GENERAL ,~UARTER SESSIONS 25th June, 1840 2 continued. ought to be ~laced so as to be equally accessible to all ~arts of the Province as far as possible, and that it, therefore, ought to be situated centrally in regard to the present bulk of the population, and. also with reference to those sections of the country where the greatest increase may reasonably be expected to take place. Because the population of Toronto is over 12,000 while that of Kingston is about 4,000; and the returns of the population for April 1837 and April 1839 give the fol lowing results.- DECREASE INCREASE DISTRICTS. 1837. 1839. in 2 years. in 2 years. Eastern, 30,062 28,827 1,236 Ottawa, 7,927 8,483 554 Johnston, 31,919 32,€>69 750 Bathurst, 24,846 24,632 214 Midland, 37,194 38,264 1,070 Prince Edward, 12,846 14,018 1,172 Newcastle, 34,924 35,145 221 Home, 67,519 57,799 280 City of Toronto, 9,654 12,153 2,499 Gore, 46,828 51,627 4,799 Niagara, 32,296 29,953 2,343 London, 38,721 43,884 Talbot, ------9,046 14,181 Weste.rn, 19,296 19,267 3,792 25,626 The population of the Districts of which Kingston is the centre, viz:- Eastern, Ottawa, Johnston, Bathurst, Midland and Prince Edward, amounted by the foregoing returns to 146,893; while that of the Districts of whioh Toronto may be considered the centre, viz:- Home, City of Toronto, Gore, Niagara, London, Talbot, Western and Brook, amounted at the same time to 223,729. 4th. Because the increase in the whole population of the Province during that period being 21,734, the section connected with Kingston received only 2,097 while that - 177 - ADJoumrnm GE]ffiIRAL QU ARTlm SESSIONS 25th June 2 1840, continued.. section referred to Toronto received 19,416 (excluding the Newcastle District, although its Geographical position would naturally bring at least three fourths of it in rela tion with Toronto in preference to Kingston), the proportion of increase in the latter section to that of the former is nine and a half to one, And we may confidently assume that in the event of an extensive immigration the proportion would be very much increased. 5th. Because the great increase of population must eventually take place in the Districts to the North and West of Toronto on account of their extent and fertility. compared to the Districts round Kingston. RESOLVED; That we consider the :price of the land required for such an institution ought to ba altogether a minor consideration in d.etermining its location when a central situation, as regards the population, is so obvious ly required. RESOLVED, That we consider, that in the location of this important establishment, reference should be made 4 solelz to the Province of Upper Canada, as the Cities of Montreal and Quebec, with the Province of Lower Canada, from their wealth and :population, a.re able to SUJ?!)Ort and ought to .have a separate Asylum situated in that Province. It was then moved by Mr. Thorne seconded by Mr. Proudfoot, that a Committee consisting of the Hon. Augustus Baldwin, O'Brien, and Thomson be appointed.to prepare an address to His Excellency the Governor General, founded upon the foregoing Resolutions. - 178 - LmJOURNED GENERAL QUARTER SESSIONS 26th June, 184Q.,_~ontinued._ The ~ommittee to whom was referred the foregoing Resolutions reported that they haa. pre:parecl the draft of an address founded thereon, which was received and adopted as follows:- .To/. His Excellency The Right Honourable Charles Powlett Thomson, Captain General and Governor in Chief in and over the Provino es of Upper Canad.a, Lower Canada, Nova Scotia, lirew Brunswick, and the Island of Prince Edward, Vice Admiral of the same, &o. &c. &o. May it please Your Exoe1lenoy, We, Her Majesty's Justices of the Peace, for the Home District, in General Quarter Sessions Assembled, respectfully beg leave to express our extreme regret at learning,that Your Excellency has been pleased to direct, that the intended Lunatic Asylum shall be erected in the vicinity of Kingston instead of Toronto, and to lay before Your Excellency some reasons, which we humbly hope may ind.uce Your Excellency to alter that arrangement. We beg leave to request Jour Excellenoy's attention to the relative population of the two Cities, to that of the District surrounding them, and the relative increase of their pol)ulation in a given time, to the Districts where the great increase of population must eventually take place and to the Geographical situation of the two Cities, as regards their centrica.l situations. 1st. We beg leave to point out to Your Excellency that the :present population of Toronto is over 12,000, while that of Kingston is about 4,000. - 179 - ADJOURNEI) GI-rnKRA.L ,~u.ARTER SESSIONS 25th June, 1840, continued. That the population of the following Districts, of which Kingston may fairly be considered as the centre, viz:- Midland., Bathurst, Johnstown, :Ei:asteni, Ottawa and Prince Edward, were returned. in April 1839 (the latest returns we have been able to procure) at 146,893; shewing an increase in two years of 2,097: while the Districts, of which Toronto may be considered the centre, viz:- the Home, G~re, Niagara, London, Western, Talbot, and Brock, and City of Toronto, ~assessed at the same time a population of 223,729, shewing, in the same two years, an increase of 19,416. And, if we assign, as we are justified in doing by their Geographical relations in point of distance, one fourth of the population of the Newcastle District (which amounts altogether to 35,145) to Kingston and three fourths to Toronto, we shall find Kingston the centre of a popula tion of 155,679 and- Toronto of 250,088, making a difference in favour of the latter of 94,409, or a proportion of five to three. We crave permission to recall to Your Excellency's notioe,that the great increase of population in this Pro vince must eventually take ~lace in the Sections to the North and West of ~oronto, while the Districts above mention ed in the vicinity of Kingston, do not afford room, nor does their soil in general afford_ encouragement for even a proportional increase of population; and that this idea is not visionary is distinctly proved by the fact of the increase of population in two years being, in the latter Districts, only 2,097 and in the former 19,416. - 180 - ADJOURN:ED GEUl~RAL QUAR~}~~E SES.SJ_ON~- 25th June, 1840, continued. The returns from various countries giving the pro:portion of Lunatics to the whole !)Opulation at about 1 :i.n 1,000, it follows that the ·:present derrands from the Western Districts in proportion to the Eastern is as 5 to 3; and, judging from the actual increase above statea., the demand will be as 9-½ to l. And we may oonficlently assert that the population will increase in the Western and Northern Districts in a much larger proportion. 4th. We conceive it to be ind.isputable that this Asylum, or any similar institution, which is formed for the general good of the community, ancl at the general expense, without reference to the ad.vantage of any :particular locality, ought to be placed. so as to be equally accessible to all parts of the province as far as possible, and that it, there fore ought to be situated centrally in regard to the present bulk of the population, and also with reference to those sections of the country where the greatest increase may reasonably be expected to take place. We beg leave to notice to your Excellency, that we cannot suppose, that in the selection of Kingston as the site for this Asylum, view has been had to make it auxilliary to the Cities of Montreal and Quebec ana. the Lower Province in general, as we conceive that the wealth and population of these Cities enable them to support and ought to entitle them to have a separate establishment for a similar purpose. The Justices, therefore, humbly pray that Your Excellency, on consideration of the prernises,.will be pleased to rescind the Ord_er for erecting the said Lunatic Asylum - 181 - ADJOURUED GE11ERAL QUART}~R SESSIO]T1?_ 25th June, 1840, continued •. at Kingston, and we are further induoea. to urge our request upon Your Excellency, relying upon your Excellency's assur ance, that for the future the Government of this rrovince should be administered in accordance with the well under stood wishes of the people as expressed through their repre sentatives, for which expressed wish, upon this subject, we beg to refer Your Excellency to the annexed extra.ct from the Journals of the House of Assembly. Signed. by order and on behalf of the Sessions, Court House ) City of Toronto ) 26th June 1840.) EX.TRACT from Journals referred. to. December 30th-1839. Pursuant to Notice 1:Ir. Manahan seconded by :Mr. MoDonell of Stormont moves that an humble address be IJre sented to His Exoel:I:ency the G-overnor General :praying His Excellency to approP.riate for the site of the Lunatic Asylum certain eighty acres of land, or such portion of the same as may be deemed necessary, being the unoccupied por tion of one hundred acres of land, purchased for the uses and erection of the Provincial Penitentiary near Kingston, upon which site, already paid for, at present waste, having the chief materials, lime, stone and lumber in abunaance upon the spot; the Asylum may be built ,by convict labour, at very little expense to the Province, and that :Messrs. Cartwright and Murney be a Com.mi ttee to draft re1·)0rt and ·pres ant the same. Which was carried and ordered. .... 182 .... A~JOURNED GENERAL QUABTER SESSI9.!.£L 25th June, ~840, continued. On motion of Mr. Manahan seconded by Tu1r. Small, ORDERED, That the resolution adopted be referred to a select Committee consisting of Messrs. Cartwright, Attorney General and. Solicitor General, with power to send for persons and papers and report by address or otherwise. On the 25th January the Committee made the follow ing report with an address. The Committee,to whom was refused the address praying Eis Excellency the Governor General to appropriate for the site of the Lunatic Asylum certain public lands in the neighbourhood of the Provincial Penitentiary near Kingston, beg leave to report:- That about one hundred acres of land, being part of Lot Number Twenty in the first Concession of the Town ship of Kingston, originally purchased by the Inspectors of the Provincial Penitentiary and not required by them, is at the disposal of the Provincial Legislature. From information which has been received by your Committee, it appears that the situation is in every respect admirably adapted for the si.te of a Lunatic Asylum, both for beauty of situation and health, but, however desirable advantages of scenery may be oonsia.ered, it has been most satisfactori ly established that the necessary building~ may be erected in that vicinity by convict labour at an immense saving to the Province, the very best materials for building being able to be obtained on the spot without any carriage what ever. Under the circumstances yoµr Committee feel them- selv.es justffied in recommending that the Asylum should. be - 183 - ADJOURlrnD GENERAL QUAitJ11lR SESSIONS 25th June, 1840, continued. erected on the Public Lands in the Neighbourhood of the Provincial :Penitentiary near Kingston. All of which is respectfully submitted, Johns. Cartwright, Chairman. Committee Rooms, ) House of Assembly, ) 25th January 1840.) 27th January. Pursuant to the Order of the day, the ad.dress to His '}iJxoellency the Governor General, .respecting the site of the Lunatic Asylum, was read. the second time. T~e House was :put into a Conmlittee of the whole on the·address. ,Mr. Thornburn in the Chair; The House resumed. The Chairman re~orted that the Committee had risen. On the question for receiving the Report the Yeas and Nays were taken as follows:- YEAS. NAYS-. Messrs"._ Aikman, Burwell, Messrs·. Bockus, Cartwright, Cook, Gamble, Gowan, Chisholm of Glengarry, Hunter, Mal.look, ].[cCargar, ]iia.nahe.n, Ma thews on, ThicDonell McIntosh, Morris, Salmon, of Glengarry, Murney, Prince, Shaver, Sherwood, Solicitor· Thorburn. - 10 General, Thomson. - 15. The question was carried in the affirmative by a majority of five·, and the report was received. It was then Moved by Mr. Parsons seconded by Mr. Fisller that the Chairman be requested to transmit the address, now adopted, to His Excellency the Lieutenant Governor, with a request tba:t he will fornard it to be laid before His ExoeJ.lenoy the Governor General. - 184 - .ADJOUm1ED GENERAL QUARTER SESSIO::tf~ 25th June, 1840, continued. The Reverend Ephraim Evans a~~eared before the Sessions and stated that the letter of Messrs. Duggan had been written in error, it being the design of the Methodist Conference,that the need, Bond, and Mortgage of the Justices to him for Lot Number Nine (on King Street) of the Gaol and Court House Block, should be transferred from himself to the Trustees appointed by the conference to hold the same. Wherett:pon it was ORDERED, That the application be granted upon Mr. Gamble's stating that no legal objection exists to the same, and that the expenses incurred in doing so be borne by the applicant. - 185 - GEUERA.L Q,UARTER SESSIONS Tuesday, 7th July, 1840. Present John William Gamble, Esquire, Chairn:an, R. C. Gap:per, ) Charles McVittie,) Esquires. - Graham, ) Clerk of the Peace read over the Commission .. Called over the Grand. Jury. The following Grand Jury was sworn. Robert Campbell, Foreman, Daniel Coomer, Francis Dalby, William Pollock, Thomas Richardson, VVill iam Cankey, Timothy Monro, Hilary Clarkson, Robert Grundy, John :rnerheller, Francis Button, :Peter Wilmot, William Morrison, Thoma·s Amos, John Brown, James Robinson, David Coomer, John Griffith, John McBride. Read notice of Leonard Fawel under the Heir and Devi see Act. Read Act passed 11th May 1839, extending the time for naturalizing persons not being British born Subjects. Reverend Samuel Harris appeared and was recognized as a Minister of the Congregational Church at Pine G-rove, Vaughan, and took the Oath of Allegiance required by the Statute. Swore three Witnesses to go before the Grand Jury in the case of the Queen vs Parker ancl Others. Beer License ordered to be granted to William Margetson, York Township, Rate £3. Swore W. T. Comfort to go before Grand. Jury, ~ueen vs Langkine and Others. Grand Jury brought in a True Bill in the case Queen vs Parker and Others. Case of Queen vs Parker and Others ordered to be traversed to the Assizes. Court adjourned till to-morrow at 10 A.IL - 186 - GENERAL QUART~R SESSIONS Wednesday, 8th July, 1840. Present John William Gamble. Esquire, Chairman, Alexander Burnside, Esquire. Dorothea Truax was recognized as the daughter of Laraway, an U. E. Loyalist, and reoeived the certificate as such. Edmund Quirk recognized to appear at the Assizes to prosecute in the case Queen vs Robert Parker and Others. ·Robert Parker, Joseph Parker and John Robertson recognized themselves in £100. each and two sureties each in £150. to appear at the Assizes, to answer to a charge of felony. Thomas Crisp of,West Gwillimbury was appointed a Constable of the Home Tiistrict and sworn in as such. Called John Langkine and his sureties upon their Recognizances. Bench Warrant ordered to issue. Extended the recognizance of William Johnson Comfort to the next Quarter Sessions. Recognized Daniel Papst as an U. E. Claimant, administered the Oath of Allegiance and gave him Certificate. John C. Warren, Esquire, appeared in Court and identified the signature of Alexander Armstrong as a sub scribing witness to a memorial of an Indenture of Bargain and Sale, dated 15th October 1836, from Augustus Barber to William Annis. Roger Annis appeared and identified the signature of David A. Coryell to the same instrument and the Court certified that it was certain of the validity of the document. - 187 - GENERAL QUARTER :JESSIONS 8th July, 1840, continued. The Court took up the public accounts of the District and ordered their further consideration to be entered into on Saturday the 11th Instant. John Langkine and two sureties were recognized to appear at the next Quarter Sessions. William Johnson Comfort was called on his Recogni zance to prosecute his appeal, but did not appear. Adjourned till 12 O'Clock on Saturday next. - 188 - Saturday, 11th July, 1840. l?'resent John William Gamble~ Esquire, Chairman, Francis Boyd, ) T. W. Birchall, ) Esquires .. Alexander Burnside,) The application of John Goesman to be appointed Surveyor of Highways w~s read, and ORDERED, ·Not to be granted. The application of Christopher Stokes and others praying for authority to open a new road in the Township of King was read, and being found to be informal it was ORD:Efilm, That the Clerk of the Peace write to Mr. Stokes showing.him whioh is the proper mode of proceeding. The application of John Wells and. thirty six others of the Township of King to have the Boundary line between King and Vaughan established and stone monuments erected thereon, was taken u:p and a petition in opposition thereto, si_gned by Isaac Peterbaugh and 102 others, and another by Henry Stewart and forty two others, stating that the placing of new monuments was unnecessary, being read, it was ORDERED, That the prayer of the first named :Peti tion be not acceded to. The Petition of John B. McLean and other inhabi tants of the Townships Markham and Scarboro', praying that the Town Line between those Townships be established and. stone monuments erected was read, and it was ORDERED, That the prayer of the Petition be granted. - 189 - 11th July, 1840, continued. The application of Lucinda Beatty for additional remuneration for keeping an_ insane person was consid.ered and it was ORDERED, That hereafter she be allowed_ five shil lings a week. The Public Accounts were again taken up, but there not being a sufficient number of Justices present, their examination was further deferred till Thursday the 23rd Instant. Tavern Licenses ordered to issue:- ·w111iam Carter, West Gwillimbury, £3. George Ernes, North Gwillimbury, 3. George Harrison, York, 7.10. Beer Licenses granted:- John Sutherson, West Gwillimbury, £2. John Ross, Oro, 2.10. George Warilow, Gore of Toronto, 2. Adjourned till Thursday 23rd Instant at 12 O'Clock. - 190 - ADJOURl~gl) GML~ .. RAL QUARTER SESSIONS Thursday, 23rd July, 1840. Present John William Gamble, Esquire, Chairman, Alexander Wood, ) William Proudfoot, ) Thomas W. Birchall,) Esquire_s, Justices. John 1wart, ) Alexander Burnside,) John King, ) The Reverend John Lever, of the Township of Toron to, of the Wesleyan Methodist Society, applied. for the usual certificate (under the Statute} to authorize him to solemnize Marriage, and having p_roduced his Certificate of Ordination, and being identified by Mr. Jenkin as the :person therein named, the Certificate was ordered to issue. Mr. Lever took the Oath of Allegiance. Mary Graham Sherwood, wife of Henry Sherwood, Esquire, appeared before the Court and. was recognized as the daughter of the late Peter Smith of Kingston, an United 11m:pire Loyalist. The following accounts were taken up and aua.i ted: - l. The Gaoler's account for Bread and Soup to Prisoners, at, . £50 .11. 4 2. " Tf Tl for Support of Insane, 50.16. 9 3. lT " " for Sundry Dis'bursements, . . 1.15. 7 £103. 3. 8 Court adjourned till Thursd.ay 27th In.stant at 12 O'Clock noon. - 191 - 1iDJ0URNED GENERAL 1~UJffiTl~R SESSIONS Monday, 27th July, 1840. Court met pursuant to adjournment. Present John William Gamble, Esquire, .Chairman, R. C. Gapper, ) ··John Barwick, ) Thomas Fisher, ) Alexander Burnside,) Esquires, Justices. John :Ewart, ) WillJ~m Proudfoot, ) Thomas Birdsall, ) George Munro, ) The following District accounts were taken up and audited:- The Sheriff's for conveying Prisoners to the Penitentiary, . £63.19. 4 Do. for Services, • 30.10. Dr. Widmer's for Medical, • 27. 6. 3 John Taylor's account for wood, 70.13. 1½ Josiah Bennett's a/c.for services as Constable, 4. 7. James Coleman's a/c.for services as Coroner, .• 2.12. David Henderson's 2 a/os. for Blacksmith work at Gaols, ...•.. 18. 8. 9 The Clerk of the Peace's a/o. for services up to 23rd.July, . 171.16. fl n n n '' for disbursements , • . 6. 5. 5 Adj our11ed till Thurs clay the 20th day of .A.ugus t at 12 O'Clock noon. - 192 - AIJ JO URRl'JD GElrERA.1 Q. UARTL~R SES SI mm Thursday, 20th August, 1840. Court met pursuant to adjournment. Present John William Gamble, ·Esquire, Chairman, Thomas W. Birchall,} William Proudfoot, ) Esquires& The annual account of the Treasurer having been laid before the Bench was taken up and audited in parts. Court adjourned till Thursday next the 27th Instant. - 193 .... AnJOURlU.ID G3N.C:?U~L ,~UARTER SESSIOUS Thursd.ay, 27th Au.gust, 1840. The Court met pursuant to adjournment. Present ~illiam Proudfoot, ) Lucius O'Brien, Thomas Carfrae, ) Esquires, Alexander Wood, James Henderson, ) James Magrath, Thomas W. Birchall,) Justices. R. C. Horne. J~mes R. Armstrong,) An application from Mr. Osborne requesting that the South Wall of the Court Rouse should be under pinned adjoining the premises of Mr. Osborne, was laid before the Board, whereupon it was ORDERED, That Mr. Ritchey be instructed to examine the said Wall and construct such a foundation thereunder as will ensure the safety of that part of the Court House Wall. The following.District accounts were taken up, audited, and ordered to be paid by the Treasurer. - l. Thomas ]'ester's for water at Gaol up to the 7th July, 1840, • • . • • • • £4 .19. 2. Donald Fraser's for services at Gaol (as Assistant Turnkey}, 6.10. 3. Charles Roddy's for hauling saw dust to 'Court Rouse , • . . • • . 1. 4. A. Laurie & Co's. for articles furnished Gaol,13. 1. 6 5. Richard Watson for making fence in front of Court House, • • • • • • • . 7. 5. 3 6. " " for Painting do. and steps, • 5 .11.11 7. Lawrence Hayden for fees paid Witnesses in Queen vs Arkland, •••. 3. 8. Alexander Hamilton's for whitewashing, &o., at Gaol, .•.•..•• . 17. 6 .. 8 9. Wragg & Co's. a/c. for hardware for use of Gaol, .•....••. 4. 6. 2 10. William Laney's for services at Gaol as Assistant, •••.••• 11. 11. Thomas Drury's for services as Coroner, • 3. 7. 9 12. James Hunter's for servtces as Constable, •• 2. 5. 13. Angus Dallas' for Pails &c.for use of Gaol, • 6. 6. 14. John Carey's for Printing Orders of Sessions, .15. 15. Mirra~ Office for do. do. .15. 16. Richard French for 1 dozen chairs for Clerk of the Peace's Office, • • •• 3.15. 17. Henry Rows ell for Stationary, • • • • • • • • 4 .11. Bl 18. William Musson for Tinsmith at Gaol,. . • 2.17. 7} - 194 - ADJOURlHill GENERAL QUARTFJ"i. SESSIONS__ 27th Aug~~t, 1840, continuea. ·t 19. Richard Murphy for services as Constable, £4.14.11 20. Boundary Line Commissioners for line be- tween. Toronto and Chinguacousy, 1.16. 21. Hiram Piper for services as Inspector of Weights, &c., • . . • . . . . . 1. 5. 22. George Johnston for carting from Gaol Yard, • .15. The Treasurer's annual account up to 1st July was audited. and ordered. to be printed. Court adjourned till Thursday 17th September at 12 O'Clock., - 195 - ADJ·oumrrm GE11ERAL ~U.ARTER SJ,JSSIOI!E) Thursc1_ay, 17th SeI,?t~g(ber 2 1840. Court met pursuant to Adjournment. Pres·ent John William Gamble, Esquire, Chairman, Alexander ~ood, l Lucius O'Brien, Thomas W. Birohallt) Esquires, Justices. Alexander Burnside,) William Proud.foot t ) The Sheriff having re1Jrese11tea. to the Justices that a. destitute insane person,of the name of Morrison,con fined in the Common Jail, has been killed by another Lunatic calling himself Clark, and. that the Jailor possesses no means of preventing a similar recurrence, either with Luna- tics or the Prisoners necessarily confined in the same ward with them, it was ORDERED, That the Chairman be requested to make a representation to His Excellency the Lieutenant Governor of the foregoing circumstances and calling His Excellency's attention to the proposition made by the Sheriff respecting the 11rovio.ing a temporary Asylum ana showing the necessity for such provision from the time that must necessarily elapse before the Provincial Asylum can possibly be erected· and ready for the reception of Patients. ORDEREJJ,That the Inspector of Weights and Mea sures be directed to comply with the Statute, requiring him to attend at different places within the District for the purpose of examining and stamping the weights and measures, having first made due publication of the time and :place at which he will attend for that pur~ose, and that his expenses be :paid from the District funds, not exceed.ing fifte3en shillings per diem, :provided his fees do not amount to that sum, and that the number of places to be vird ted c1o not exceed six. Adjourned Sine Die. - 196 - GENERAL QUART~R SESSIONS Tuesday, 6th October, l~~Q_._ Present John William Gamble, Esquire, Chairman, The Hon. Augustus Baldwin, and) Charles Soadding, Esquire, ) Justices. The Crier having commanded silence and opened the Court, the Clerk of the Peace read the Commission. The Sheriff returned the Precept, and the follow ing :persons were called and. sworn in as Grand. Jurors, vlz: - Sinclair Holden, :&"'oreman. 1. BenJamin Milligan, 9. Archibald li. Fenwick, 2. Randall Bently, 10. William Robinson, Z. Philip Eckhard.t, 11. Frederick Peterson, 4. Godli:p Eckhara.t, 12. Elija Miller, 5 • · Ira White , 13. Henry Crosby, 6. George Pingle, 14. Henry Clairs, 7. John Robinson, 15. William Holden, 8. John Crosby, 16. George Hunter. The Chairman read his charge-to the Grand Jury. Swore John Watkins, Constable, to attend Grand Jury. Benjamin J. Cook a:p:peared before the Court and was recognized as the son of an U.E. Loyalist, took the Oath of Allegiance, and obtained the usual Certificate. Martha Frazer of v'.:'hi tohurch ap!)eared and. was recognized as the daughter of the late Thomas Fraser, and, obtained the usual Certificates. John Loughin was arraigned on Indictment for Assault, :pleaded rrNot Guilty", trial :postponed till to-narrow. Swore John Loughin and Douglas Montgomery to go before the Grand Jury on an Indictment, ~ueen vs Comfort (William Johnson) . Swore John Sisler, Samuel Bently, James Bently, and Samuel Bently Junior, to go before Grand Jury, Queen vs - 197 ,__ GENERAL QUARJER SESSIONS 6th October, 1840_, conti_nued ._ Joseph Howell and Others. Queen ) Swore Robert George and Joseph Kent vs ) Austin Jefferson,) to ~o before the Grand Jury. ~ueen Swore Nioholas Howell, N. Howell vs Jun'r., Joseph Howell, Renry Samuel Bently & Others HowelJ..,P.atrick Simpson, Isaac Simpson, Jeffrey Lynch, William Smith, Thomas E~en, Hugh Keenan, and. Andrew Sim:pson, to go before the Grand Jury. The Grand Jury brought into Court True Bills against William Johnson Comfort, and ~ueen vs Austin Jeffer son, Assaults. Adjourned till 10 O'Clock to-morrow. - 198 - G.E11ER.A.L QUARTER SESSIONS Wednesd.ay....J_... 7th October, 1840, :Present John William Gamble, Esquire, Chairms.n, Alexander Burnside, Charles Scad.ding, · Esquires, Justices. Hon. Augustus Baldwin, Thomas Fisher, The Crier open~d the Court. Queen ) Defenda~ts arraigned on Indictment vs ) ·for Assault, Plead.ednlfot Guilty. '1 John Loughin & Others,) The following Jury was empaneled. L John Goodfellow, 7. Cyrus Lane, 2. William Wilkinson, a. John Hunter, z. George Henry Summerfelt, 9. John F. Shell, 4. Robert "Milligan, 10. John Perkins, 5. Richard Tregan, 11. John Butts, 6. Daniel Tip:p, 12. Thomas Sanders. For :Pros. in tnesses. sworn For Defence .. William Johnson Comfort, John Embleton. Mary Comfort, William Comfort, Dolly Raymon, Arthur Lambert. Verdict; Guilty against John Loughin, and Mary Ann Loughin, ·Not Guilty, Douglas Montgomery. Sentence; Loughin and wife to pay 10/ and costs, and remain in custody till paicl. The Grand Jury came into Court with nTrue BiJ.rn against John Sisler, ancl uno Bill" against Lewis Sisler, Samuel and James Bently; also nNo Bi11'1 against 1Ucholas Rowell and Others. (1ueen Swore Charles Soadding, Esquire, to go vs Charles Simpson, before the Grand Jury. Queen vs Snoddy and Snider, Swore James McCracken and Trueman Beardon to go before the Grand Jury. - 199 - GENERAL Q,UARTZR SESSIOHS 7th October, 1840, continued. The Grand Jury brought into Court "True Billsn in these two cases. Henry Wilson was sworn in Constable for ·Markham. The Jury brought in the Verdict in Queen vs Loughin and Others. Filed Treasurer's account of Vlild Land in arrear for taxes. The Court took up the District accounts and !)OS"t; poned further consideration of them to a future day. Court adjourned till to-morrow at 10 O'Clock. - 200 -· GENERAL QUARTER SESSIONS John William Gamble, Esquire, Chairman, Alexander Burnside,) Charles Soadding, ) Esquires, Justices. The Crier opened the Court. The Appeal from the decision of William H. Patter son, Esquire, in the case of John Loughin vs William Johnson Comfort decided under the Summary punishment act, was then called on, and the following Jury sworn to try such appeal, viz:- 1. Robert Milligan, 7. Samuel Eakins, l 2. John Goodfellow~ 8. William Degeer, 3. Cyrus Lane ,· 9. Isaac Shell, 4. Joseph .Armstrong, 10. Daniel Tip:p, ·6. Henry Hagerman, 11. Elijah Titus, 6. John Braithwaite, 12. Ambrose Noble. Swore 3 Witness and Constable. Verdict; For Appellant. Queen Maliciously shooting hogs. Swore John vs Dew, Luke Mooa.y, James Houslin, George William Nelson Hopkins and Henry Stead, to go before the Grand Jury. The Grand Jury brought :Presentment on·state of Gaol, stating their having found no just cause of complaint among the Prisoners, and recommending rooms to be white washed. Queen ) Larceny. Swore John D-ors ey, Benjamin n. vs ) and Mr. - Dorsey, to go before the Grand Margaret Gray, ) Jury. The Grand Jury brought in nTrue Bills'' against Margaret Gray, Larceny; William Dodd for Larceny; and against Daniel Holliday, for Assault with intent to commit a Rape. - 201 .... GENERAL QUARTER SESSIONS 8th Ootober, 1840, continued.• Queen ) John Sisler bound in £40. and. Andrew Thompson vs ) of Pickering, Innkeeper, in £20., conditioned John Sisler,) for John Sisler to appear next Quarter Sessions and answer to charge of Assault and Battery on Hen!y Howell. Henry Howell bound in £20. and Nicholas Howell in £10., conditioned that Henry Howell ap pear and prosecute John Sisler for said. Ass~ul t. The Queen ) Larceny. Defendants vs ) arraigned. Pleaded "Not Robert Snoddy and Adam Snider,) Guiltyn. Swore same Jury as tried Appeal Case. ]'or Pros. Witnesses sworn. For P'risoners. James MoCraoken, John Farquharson, Edward Trueman Beardon. Arkland, Charles Arkland, John McGregor, and Marshall 13. Stone. Verdict; "Not Guilty", Prisoners discharged. Queen ) Larceny. Prisoner Arraigned; Pleaded vs ) "Guilty". Sentenoe, 3 months 1 Imprif:on 11:argaret Gray,) ment at hara, labour in the Common Jail. Adjourned till 10 O'Clook to-morrow. - 202 - GENERAL QUARTER SESSIONS Friday, 9th October, 1840. Court met pursuant to adjournment. Pre.sent John William Gamble, Esquire, Chairman, Alexander Burnside,) Will'iam Thom1-)son, ) Esquires, Justices. Queen vs Austin Jefferson. Defendant arraigned; "Not Guil tyff plead.ed. Traversed. to the .Assizes. The ~ueen ) Assaulting a Magistrate in the discharge vs ) of his duty. Defendant arraigned. Plea Charles Simps9n,) "Not Guiltyn. The following Jury Sworn to try the issue. 1. Robert Milligan, 7. Robert-Tranmere, 2. John Goodfellow, 8. John Braithwaite, 3. Cyrus Lane, 9. John Hunter, 4. Joseph Armstrong, 10. Charles Peterson, 5. Thomas Fairlis, 11. George H. Summerfelt, 6. Henry Hagerman, 12. Nathaniel O'Brien. For Prosecution. Witnesses. Jlor Def enoe. Charles Scadding, Esquire. Joseph Holdsworth, William Simpson. Verdict; Guilty. Sentence: to be imprisoned One Month and pay the costs of Prosecution, and further to remain in Custody till Paid. - 33/- pd. G.G. Queen ) Larceny. Prisoner arraigned. Not Guilty vs ) pleaded. William Dodd, ) Swore following Jury.r 1. Richard Trogan, 7. Thomas Sanders, 2. John F. Shell, 8. Elija Titus, 3. Isaac Shell, 9. Ambrose Noble, 4. Daniel Tip, 10. William Morgan, 5. John Perkins, 11. Avery Bishop; 6. John Butts, 12. John Braithwaite. Pro. Witnesses Sworn. Daniel Shell, William R. Patterson. Verdict; "Guilty". Sentence; to be imprisoned three months at hara labour in Common Gaol, and then discharged. - 203 - GENERAL QUARTER SESSIONS 9th October ,__ ,1840, continued. Q.ueen ) Assault with intent to commit a Rape. vs ) J)aniel Holliday,) Defendant arraigned. Pleaa.ed nNot Guilty. n JUr}r 1. John Hunter, 7. Isaac Shell, 2. Charles Peterson, 8. Frederick Hilts, 3. Henry Peterson, .9. John Butts, 4. George Henry Summerfelt, 10. Thomas Sanders, 5. Joseph Armstrong, 11. George Hackay, 6. Nathaniel O ':Brien 12. Elijah Titus. Witnesses. David Strachan, Mary Strachan. Verdict; Guilty of Common Assault. Sentence; to be imprisoned One Month. Fined £10. and Costs, and to be imprisoned till paid. Queen ) Assault. Defemlants arraigned. vs ) and !)leaded "lfot Guilty". William Johnson Comfort,) and !braham Comfort, ) Jury Sworn. l_. ra11iam Morgan, 7. William Pingle, 2. John Braithwaite, 8. John Hunter, 3. :Mark Grundy, 9. Charles Peterson., 4. Thomas Fairles, 10. George H. Summerfelt, 5. Henry Hagerman, 11. Joseph Armstrong, 6. Robert Tranmere, 12. Nathaniel O'Brien. Pro. Witnesses Sworn Con. John Loughin, William Comfort, Mary Ann Loughin, Mary Comfort, Douglas Montgomery, Dolly Raymond. Verdict; W. J. Comfort, "Guilty". Abraham Comfort, nNot Guilty". Sentence; Fined 10/- and Costs. - 204 - GENERAL QUARTER SESSIONS Saturday, 10th October, 1840. Court met pursuant to adjournment. Present John William Gamble, Esquire, Chairrm.n, Alexander Burnsid.e, Esquire, J.P. Edward Arkland and John A. Vankleek; appellants and Christ~ pher Coulthard, Re~pond ent. The following Jury were sworn to try appeal from decision of Lawrence Hayden, Esquire, under the Summary Punishment Act. 1: Richard Tregan, 7. Daniel Tipp, 2. John Butts, 8. Elijah Titus, 3. Robert Milligan, 9. Mark Grundy, 4. Isaac Shell, 10. Frederick Hilts, 5. Thomas Sanders, 11. Ambrose Noble, 6. John Gondfellow, 12. Joseph Armstrong. Appellants appeared. Respondents did not answer~ Verdict; in favour of .Ap.pellants. The Requisition signed "A. Lewisn and eleven others freeholders of the Township of Toronto, to John Embleton, Surveyor of Highways, requesting him to survey a road through the Village of Churchville, and Mr. Embleton' s Re1Jort there- on, were read, and there being no opposition thereto, the road was ordered to be opened as laid out by Mr. Embleton. The Road Report of John Embleton, Surveyor, on the requisition of John :McLean and 16 others, Freeholders, ;l of the Township of Toronto, Etobicoke an~ Toronto Gore, was read, and the further consideration thereof adjourned till next General ~uarter Sessions. ORDERED:- That the Clerk of the Peace give publio Notice by advertisments in the Newspapers of the regular days on which the adjourned Quarter Sessions will meet up to the next General ~uarter Sessibns. Adjourned till Thursday the 15th Ins.tant at 12 O'Clock. - 205 - ADJOURNE] GZir~RAL Q.UART:E1R SESSIOHS Thursday-' 15th October, 1840. Court met pursuant to adjournment. Present John William Gamble, Esquire, Chai_rman, James Young, Esquire. The Court met to audit accounts but there not being a sufficient number· of Justices in attendance, was Adjourned Thursday 5th November. - 206 - S P E C I A L SESSI0:!:1S Wednesday, 28th October, 1840. Court met pursuant to call of Chairman. Present John William Gamble, Esquire, Chairman, 2. Alexander Wood, ) (10. D'Arcy Boulton, 3. Charles C. Small, ) (11. Hugh Stewart, 4. Francis Boyd, ) Esquires. (12. James Gamble, 6. Alexander Burnside,) (13. Charles Scadding, 6. William C. Gwynne, ) Justices. (14. Thomas W. Birchall, 7. John Ewart, ) (15. Robert Stanton, 8. Christopher Widmer,) (16. Lucius O'Brien. 9. William Proudfoot, ) ( The Clerk of the Peace read the Minutes of the last Special Session, relative to the proposed Lunatic Asylum.; The Chairman read. the Copy of a letter addressed by him to Mr. Harrison, Secretary of His Excellency the Lieutenant Governor, upon that subject, together with his Excellency's reply thereto. Also a letter to the Chairman for the Commissioners for erecting a Lunatic Asylum (desir ing to know on what terms they could rent the present Gaol for a temporary Asylum) and a letter from the Building Committee of the new Gaol. Whereupon it was moved. by Mr. Stanton seconded by Mr. Boyd, That it be RESOLVED, That with reference to a communication, from the Commissioners for erecting a Lunatic Asylum in this Province,on the subject of the occupancy of the old Gaol of this District, as a Temporary Asylum; the Chairman be requested to state to them that the Old Gaol can be tempora rily occupied for the purpose desired at Annual rent of £125. The occupation to iast for Three years, if required for so long, by those gentlemen, and. may be oocupiea, from the 16th November next. Carried Nem. Con. Adjourned till 10 O'Clock to-morrow. - 207 - ADJ0UR11ED SPECIAL SESSIONS Thursday, October 29th, 1840. Court met pursuant to adjournment. Present John William Gamble, Esquire, Chairman, Charles ·C. Small, ) (Francis Boyd, James Gamble, ) Esquires, (Rugh Stewart, Thomas 1N. Birchall,) Justices. (D'Arcy Boulton, William Gamble, ) (Christopher Widmer, The Deputy Clerk of the P·eace read the Minutes of yesterday. Whereupon it was moved by Mr. Small, seconded by Mr. Boyd and ORDillRED, That the Justices having personally examined the New Gaol find that time mentioned in the Order old of yesterday, when the/Gaol may be occupied as a temporary Asylum, does not afford sufficient time to make the neces sary preparations for the reception of the P•risoners in the New Building. It be therefore resolved that the time be extended to the first D.eoember next. And that the Clerk of the Peace furnish a copy of the Order of yesterday thus altered for the information of the Commissioners of the Provincial Asylum. Carried Nern. Con. It was then moved by Mr. Boulton seconded by Mr. William Gamble and ORDER£'D, That Mr. Howarcl, the Architect, be direct ed to furnish, by the 4th day of November next, a minute report (in-writi11g) upon the New Gaol and premises, as to the manner in which ·the Builder has completed his Contract, the period when it will be fit for occupation, the Security of the Building as a prison, and the application of the Builders for compensation for extra work. A copy of which the Clerk of the Peace is directed to furnish him, together with this order. - 208 - ,A.DJOURNED SPECIAL 3ESSI0NS Ootober 29th, 1840, continued. Ordered that the Sheriff be requested to furnish his requisi·tion for the articles of furniture necessary for the New Gaol, together with an estimate of the cost of each article, for the purpose of being submitted at the adjourned Sessions, on Thursday next, together with a List of the Furniture now in use in the present Gaol. Adjourned till Thursday the 5th November at 12 O'Clock. - 209 - ADJOURNED GENERAL QUARTER SESSIONS Thursday~ 6th Novembe~, 1840. Court met pursuant to adjournment. Present John William Gamble, Esquire, Chairman, Alexander Wood, ) Lucius O'Brien, Thomas W. Birchall,) Esquires, Alexander Burnside, Robert Stanton, ) Justices. George T. Denison, John S. Baldwin, ) George Munro, The Report sent in by Mr. Howarcl, the Architect, on the state of the l'.Tew Gaol was read. 'Whereupon it was ORDBRb"D, That the Builo.ing Committee be instructed to receive the said :Building from the hands of the Con tractors, upon their delivering, to the said Committee, a Certificate from the Arohi tect that work is fully completed. according to Contract. ORDERBW, that the Application of Messrs. McLeocl and Logan, the Contractors, for an allowance of One Hundred and fifty Pounds for extra work done at the New Gaol, recommended to be paid by ~the Architect, and Building Com mittee, be paia. to the said. Contractors by the Building· Committee, upon the production by the former to the latter of the Certificate referred. to in the_ foregoing Order. ORDERED, That upon the Conditions mentioned in the foregoing ord.ers being com:pHed with, the Sheriff be directed to take possession of the New Gaol. as the Gaol of the Rome District. The application of, Mr. Osborne for leave to insert into the South rfall of the Court House, the joists of the Building now being erected on Church Street, together with the re1)ort of Mr. Roy respecting the safety of the t1•/all in the event of joists being so put in, was laid_ before the - 210 .... ADJOURNED Gglf'.:~:U.. L ~UARTLR SESSIO}TS 5th !fovemb er, 1840, continued. Board by the Chairman, and Mr. Osborne was called into the meeting, who explained more fully the object a.nc1 nature of his application. Whereupon ~twas ORDERED, that Mr. Osborne be permitted. to make use of the said Wall upon his paying the amount that the land and the indulgence of using the Wall may be valued at by Mr. Ewart. The Yeas and Nays having been taken on the questio: t~ey stood as follows:- YEAS. NAYS. Messrs. Stanton, O'Brien, Messrs. Wood, Birchall, Monro , Burns id.e . - 4 .. Denison. - 3. Carried by a majority of ONE. Mr. ~wart entered the meeting ancl having been asked his opinion res)?eotj_ng the pro1)riety of granting this indulgence, expressed it as his opinion that there was no objection to granting the privilege desired by Hr. Osborne. ORDERED that the Sheriff be directed to procure two large stoves for the ~urpose of airing part of the New Gaol and which he shall c1o in conjunction with the Euild.ing Committee, subject to the foregoj_ng Ord.ers respecting the Certifica.te of Mr .. Howard.• Court adjourned till 10 O'Clock on Saturday the 14th Instant. - 211 - Saturday 1. 14th Novernbe_!'", 1840. Court met J>Ursuant to adjournment. Present John William Gamble, Esquire, Chairman, William Proudfoot, ) Thomas W. Birchall,) John Ewart, ) .Esquires, Justices. Alexander Burnside,) The Requisition from the Sheriff stating the amount of property required for the ~1ew Gaol was laid_ before ·the Bench. Vv11ereupon it was ORDERED, That the Gaoler be directed to procure for the use of the New Gaol:- 70 Blankets,(valued at,}. £37.10. 20 New Bed Ticks," . . . 12. 18 Water Pails, " 2. 5. 26 Small Nuisance Tubs, • . 8 .. 1. 3 ORDERED, That the new well ,required by Mr. KicLd, be dug, and that the Clerk of the Peace be instructed to make a contract for doing the same on the most advantageous terms. ORDERI!..'D, That the Clerk of the Peace be directed to call upon N:.r. Wal ton for a return of the Fines received by him, on Convictions haa. before the several District Magistrates, and that the same be published in the Patriot, Colonist, Christian Gu.arc..Uan and Examiner. Ana further that Mr. Wal ton be directed to furnish a like retTI.rn at each General Quarter Sessions. Tho .Application of ~r. Samuel Andruss for pay ment of his demanc1 for hinges, &c., for }7ew Gaol, ·was read and directed to be referred to Mr. Howard, A.rohi tect, for his explanation. - 212 - ADJOURNJID GirnERAL _(lUARTER SESSIONS 14th November 2 1840, continuelL Messrs. Proudfoot and Burnsid.e left the meeting. Messrs. O'Brien, J. R. Armstrong, George T. Denison, .and Stanton, entered the meeting. The following Distr:i.ct Accounts were taken up and Audited.:- 1. The Gaoler's account for support of Insane, £57. 6 .. 4. 2. Do. for Bread and. Soup, . 44.14. 4 3. .1 110. for Sundry Disb't~rsements, • 2 .15. 41 4. Doctor Patterson's\• for Post M.ortem examinations, • • . • . • 6. 5. Henry Willson's a/c. for services as Con- stable, • 2 e 5 • 6. George TI. Bache, d.o. for do. , • • • • • • • 2.10. 7 • John McGill , c1 o • for do • . • • 3. 2. 6 8. n n n lf f1 3. 9. 6 9. Rogers and. Thompson for Printing District Accounts, . • . . . . . 13. 6. 7 10. Dr. Joseph Clark for examining body, •.•. 3. 11. John Ballinger, (Constable), • ·. • .. • •• 7. 6 12. William B. Jarvis, Sheriff, for Claims, • • 4. 4. 4 13. John Embleton's a/c. for services as Surveyor of Highways, •••••••• 4 .13. 9 14. Clerk of the Peace's a/c. (including £1.2.10 disbursements) , • • .. • . • • 46. 6.10 A Certificate for Tavern License was Ordered to issue to Thomas Johns,,on of York, License to be charged £7 .10. Court adjourned till Thursa_ay the 3rd. December at 12 O'Clock. - 213 - No. N A Iv.i ITI. RESIDENC]~. RA~:E. 1. Anderson, John York. £7.10. Armstrong, Joseph Scarboro', 7 .10. Armstrong, William Markham; 7.10. .Armstrong & Maxwell, Streetsville, (No) Blackburn, Joseph Yonge Street, 7.10. Ballinger, George Cooksville, 7 .10 .. Bell, John Scarboro', 5. Brewster, A.E. Springfield, 7.10. Bruce, Agnes Vespra, 3. 10. Bingham, John Barrie, 7.10. Ballinger, John G. S:pringfield, 7.10. Bennett, Thomas . Whitby, 7.10 • Bellas, William York, 6. Beattie, William Gore of Toronto, 5. Black, William Lloyd-Town, 7.10. Bigham, Thomas Chinguacou.sy, Bingham, Robert Vaugha.n, 7.10. Brown, John Markham, 5. Boyington, William Reach, 3. 20. Baker, George Etobicoke, 7.10. Barden, Job t:'hitby, 7.10. Clement, Lewis Innisfil, 3. Cook, William Vaughan, 7.10. Carney, Richard, Barrie, 7.10. Collard, Benjamin York, 7.10. Coryell, Sarah ~fhi tby, 7.10. Crisp, Thomas West Gwillimbury, 4. Cooper, William Vaughan,. 7.10. Culverwell, Robert Newmarket, 7.10. 30. Crandall, Reuben Reach, 3. Cope, William Adam W.Gwillimbury, 3. Curry, John Orillia, 3. Campion, Jose:ph Vaughan, 4. Carter, William Bond Head, Clark, John 3. Vaughan, 7.10. Cheney, Frederick :Pickering, Chard, James 7.10. Whitchurch, 3. Darling-, James Tay, Dusoume, Francois 3. Penetanguishene, 3. 40. Dalby, Francis Yonge Street, Dallas, Alexander 7.10 .. Vaughan, 4. Duch, Jonathan Gore of Toronto, Dyson, John Alfred 4. Churchville, 5. Dark, Richard Gore of Toronto, Drury, Richard 4. Oro, 3. Daton, Gideon Reach, Davy, George 3 .. Whitby, 3. Emmett, William K. Chinguacousy, Emes, George 5. N. Gwillirnbury, 3. 50. Farr, Mary Dundas Street, 7.10. Finch, John D. Yonge Street, Fraser, Elizabeth 7.10. 1 Toronto, :E' leming, Thomas 4. 1 Whitb:r, ] ra.ser, Henry 7.10. Orillia, 3 • .Fairfield, William "/7hi tby, 7.10. - 214 - No. NAME. Gates, Jonathan Scarboro', £7.10. Gowland, Matthew Etobicoke, 7.10. Gray, Richard York, 7.10., Graham, James York, 7.10 .. 60. Galloway, William Markham, 6. Graham, Andrew Gore of Toronto, 5. Hickey, Thomas Port Credit, 5. Hockridge, John Scarboro', 5 .. Hewitt, Jose:ph liewmarket, 7.10. Hunter, George Markham, 6. Hunter, Daniel Whitchurch, 3. Hargrave, Thomas Humber, 7.10. Hutcheson, Francis Albion, 4. Holdesworth, John King, 7.10. 70. Hodges, Richard Oro, 3. Hutcheson, Richard Vaughan, 6. Houoks, George Whitby, 7.10. Harris·on, George York, 7.10. Hind, John Etobioolte, 3. Hale, John Etobicoke, 3. Hole, Simeon W.. Gwillimbury, 4. Howard, Robert Yonge Street, 7.10 .. James, Phillip York, 7 .10 .. Jackson, James Dunde~s Street , 7.10. 80. James, John York, 7.10. Jeffrey, Stephen Ponetanguishene, 5. Johnston, Thomas York, 7.10. Kirby, Francis Albion, 3. Kirby, William Vaughan, 7 .. 10. Lymburner, Matthew Yonge Street, 7.10. Lepard, John East Gwillimbury-, Linfoot, John 6 .. Whitchurch, 7.10. Margeton, William York, (Beer)3. MoEfiven, Hope Markham, -·-~ 7.10. 90. McKegney, John Scarboro', Miller, John 6. M. Markham, 7.10. MoDonal, John Chinguacousy, Manning, 3. Thomas M. W. Gwillirnbury, 3. McKay, Robert Innisfil, Musson, Edward 3. Humber, 7.10., Marlow, Hugh Flos Marr, John 3. Whit~hurch, 7.10. Mela.rum, Thrift Barrie, Montgomery, Thomas 7.10. I~to bi coke, 7.10. 100. Mosley, John Yonge Street, McLean, Margaret 7.10. Humber, 5. Marshland, J. Uxbrid.ge, McLaughlin, Francis 3. Mono, 3. May, Thomas West Gwillimbury, Moore, James 4. StreetsvilJ.e, 7.10. Middleton, Alexanaer 1v1arkha.m, Milliken, Robert 5. Markham, 5. :Milliken, Norman Streetsville MoMonegle, Patrick 7.10. Gore of Toro~t o, 3. .... 215 - 1 LIST 0] _INNKEEPERS :FOR 184-0 2 continued. No. NA :ME. RESIDm4CE. RATE. 110. McLeod, Daniel Whitchurch, £7.10. Moriarty, OWen W. Gwillimbury, £3. Munro , George ]'. Windsor, 7.10. Mc-Causland, D. Ves:pra, 5. Nightingale, James York, 7.10. Natrass, Thomas York, 6. Phillips, Amo Streetsville, 7.10 .. Polly, Mary Jane Credit, 5. Post, Jordan Pickering, 7.10. :Powell, James York, 7 .10 .. 120. Pottage, Edward, Markham, 7.10. Penfield, Adney Tecumseth, 3. Patterson, Thomas Tecumseth, 3. Ross, John Oro, (Beer) 2. Robinson, Richard G-willimbury, 3. Rossiter, James Dundas Street, 7.10. Ramage , Mary York, 5. Reid Thomas Markham, 6. Reid, Samuel Etobicoke, 5. Robinson, Joel F. Bond. Head, 3. 130. Robinson, Mary I✓l. Toronto, 5. Rose, Henry W.Gwillimbury, 3. Stevens, William Toronto, 7 .. 10. Shepherd, Thomas Yonge Street, 7.10. Simpson, William Oro, 3. Smith, Thomas York, 7.10. Saville, John Lake Shore, 4. Scott, William Dundas Street, 7.10. Sisler, Margaret, Scarboro', 6. Stephens, Stiles, Jun. Dundas Street, 7.10. 140. Stephenson, George Scarboro', 7.10. Stephen, William W. Gwillimbury, 4. Snellgrove, Samuel Etobicoke, 3. Silver, Cornelius 1LGwillimbury, 3. Starkeweather, W.P. Coldwater, 3. Smith, Thomas Port Credit, 5. Southern, John W. Gwillimbury, 2. (Beer) Thornberry, F.C. W. Gwillimbury, 5. Taylor, Frances Scarboro', 4. Thew, George Pt. Windsor, 150. Thompson, George 7.10. Vaughan, 4. Thompson, Andrew Pickering, 5. Todd, Valliam Reesorville, Todd, James 7.10. :Uewmarket, 7.10. Willcoxon, Thomas 1:Ihi tby, Willcoxon, Robert 3. Whitby, 7.10. Walls, Christopher 1 Scarboro , 5. ffhi tesid.e, John Pickering, Wright, George 7.lOe Toronto, 6. i?:illson, George Toronto, 160. Winch, Thomas J. 7.10. W.Gwillimbury, 7.10. Wilson, William Ca.led.on, Warilow, George, 3. Gore Toronto, 2. (Beer) Wolfe, John, Etobiooke, Ward, William 7.10. " 7.10. Yeoman, Henry Albion, Young, James 3. Whitby, 7.10. - 216 - ADJOURNJil]) GENERAL QUARTl~R 8~-~SSIONS Thursday, 3rd December, 1840. Court met pursuant to adjournment. Present John William Gamble, Esquire, Chairman, Charles Rankin, ) Thomas William Birchall,) Esquires, Justices. D'Aray Boulton, ) The Trustees of Old Gaol and Court House Block executed Deed, to Charles Berczy, Esquire. Ordered that the Clerk of the Peace Notify the Magistrates of the District generally of the day of meeting for granting Licenses. Adjourned till Monday 21st Instant. - 217 .... AJ)JOURNE:D GENERAL QUART~~R S.EE1SIONS Monday, 21st December, 1840. Court met pursuant to adjournment. PRBJS.ENT John William Gamble, Esquire. Chairman, William Proudfoot, ) (Thomas :nsher, William H. Patterson,) (James R. Armstrong, Alexander Burnside, ) :William Thomson, Francis Boyd, ) E~quires, ; F. S • Jarvis , Robert Stanton, ) (George T. Denison, James Paterson, ) Justices. (John Barwick, Hector MoQuarrie, } (Peter Milne, Hugh Stewart, ) (Henry Fry, A number of Licenses were granted. (See :Minutes) Adjourned tnl 10 O'Clock to-morrow. .... 218 - A.DJOURHE] G~NJ'~IUU Q,UART]JR SESSions 'l:uesday, 22nd :December, 184·0. :Present John William Gamble, Esquire, Chairman, Francis Boyd, Samuel B. Sterne, Hugh Stewart, Abraham Bagshaw, Esquires, Justices. P·eter Milne, .Alexander Burnside, Edward W. Thompson, Several Tavern and. Ale House Licenses grant ea .• (See Rough :Minutes). A Requisition for three hundred feet of Plank and some Straw for Gaol was granted. Adjourned till Saturday 26th Instant .. - 219 - ADJOURNED GE1UJRAL ~~JTARTER ~3ESsrmrn Saturday, 26th December, 1840. Present John William Gamble, :Esquire, Chairman, William Gamble, ) ·E. W. Thompson, ) Esquires. ~illiam Proudfoot,) Fourteen Tavern Licenses granted. (See Rough Minutes). Adjourned till Thursday 31st Instant. - 220 - A.l)JOURKfi~D GENBRAL QUART.ER SBSSIONS Thursday, 31st December, 1840. Court met pursuant to adjournment. Present Robert Stanton, Esquire, Chairman Pro .. Temp. James Young, Esquire, J.P. Court adjourned Sine Die. - 221 - MONDAY, 4th JANUARY, 1841. rursuant to Uotice, attended to receive tenders for Wood and Straw. The following tenders were received: s. d. John MOSSO!), for Wood, 12. 2 per Cord. John Taylor, ff TI 11 • 2-1:...,z.. n " John Willson, n 1T 11. u H Robert Stevenson, TT . . . . 11. TT " Robert Stevenson, " 10.11 " n John Mossop, for Straw,. ~o. per Ton. MEETINGS 0]"' THE HOME DISTRICT GEJ:JERAL QUARTER SESSIOUS OF THE PEACE CITY OJf TORONTO In the yea~r __ 1 8 4,1. - 222 - GENERAL ~UARTER SESSIONS Tuesday, January 5th, 1841. Present John William Gamble, Esquire, Chairman, Edward W. Thomson, ) Ara.d Smalley, ) Edward G. O'Brien, ) Esquires, Justices. Alexander Burnside,) John Scarlett, ) Crier opened the Court. Clerk of the Peace Read the Commission. Sheriff returned Precept. Swore the following Grand Jury. Joseph Tomlinson, Foreman, William Robe, George Miller, William Reynolds, Thomas Knight, Jose:ph Marr, John B. McLean, William Poole, Justus Reynolds, Henry Vaeder Simker, David Marr, John Tomlinson, John Boyer, Abraham Harrington, Chauncey Crosby, Alexander Mustard. The Chairman read his charge to the Grand Jury. Swore Lewis Dedimar, John Harragan, John Clark, Graham, and John Doherty to go before the Grand Jury. Several Tavern Licenses were then ordered to be issued. (See Rough Minutes). Daniel Kidd entered into recognizance to appear at the next Session on a charge of Riot and Assault. William Edwards a:p:plied. for and was ord.ered to receive a License to Solemnize Matrimony, as a Minie,ter of the African Wesleyan Methodist Episcopal Church. Adjourned till 10 O'Clock A.M. to-morrowe - 223 - GENERAL QUARTER SESSIONS Wednesday, 6th January, 1841. Court met pursuant to adjournment. Present John William Gamble, Esquire, Chairman, Alexander Burnsid.e,) Hugh Stewart, ) Esquires, Justices •. The Grand Jury brought in. "True Bill" against Al]heus Morgan for Larceny. Defendant arraigned and :pleaded "Guilty". Sentence, three months' at hard labour in Common Gaol. Two Tavern Licenses were ordered to issue for Jacob Dafoe and Richard Hodges, £3. each. The Grand Jury brought in True Bill against Strong and Others; Riot. Bench Warrant ordered to issue@ Called John Doherty and Hannah Doherty on their Recognizance. Also 7lilliam Reid and Andrew Hed.ican. The Road. Report of Ara.d Smalley, Esquire, Surveyor of Highways, of a Road in front of Eighth Concession of King, across Lots Nos. 1, 2, 3, 4, and 5, was laid before the Court, read and c.onfirrned; whereupon an Order was directed to issue .for its being opened, there being no op:position made, and the parties through whose lands the road runs having come for,:.rard anc1 given their consent. The District accounts were then taken. up, but the further consideration thereof postponed until the next Meeting of Justices. James Bell's account as Dy. Inspector was audited (Per Stat.) at £39.0.0. Adjourned till Thursday 28th Instant at 12 O'C1ock noon. - 224 - ADJOURNED GENERAL QUARTER SESSIONS Thursday1-___ 28th Janu~..!.l, 1841. _Court met pursuant to adjournment. Present John William Gamble, Esquire, Chairman, Alexand.er Wood, Edward G. O'Brien, Alexander Burnside, Esquires, Christopher Widmer, Robert C. Horne, John Jswart, James R. Armstrong, Justices. Hugh Richardson, Charles Rankin, John Scarlett, Francis Boyd, Thomas Fisher, ORDERED, That persons to whom Certificates for Tavern Licenses have been granted, but who have not taken out such Licenses within the period prescribed by Law, receive duplicate Certificates upon payment of the Fees. ORDERED, That the Clerk of the Peace be authorized. to receive tenders for supplying the 'Jail with Bread for the Current year, and to enter.into Contract with the party who may offer the most advantageous terms. The f'o llowin.g accounts were then aud.i ted and Ordered to be paid:- 1. Calvin Davis for services as Extra Constable, £4. 10. 2. The Gaoler's a/o. For support of Insana, £57, 9. 6¾ 3. For Bread and Soup, 44. 8. 4 4. E'or Disbursements, 2. 4. 3¼ 104. 2. 2 5. William Bertram for digging Well at New Gaol, • • • • • • • • • • • • 13.16.l0i 6. Thomas Drury for services as Coroner, 1.15. 7. ~ohn Ritchey for Work at Court House, 13.10. 8. Charles Rankin for surveying Road between Scarboro' and York, ••..... 11. 9. Henry Kennedy (for attendance as witness), ...... £0.15.) 10. Samuel Richardson,(10 d.ays ) See attendance as Commissioner, 10. ) 17.15. 11. John W.Gamble (5 days attend- )Ranki.n's anoe ~s Boundary Line ) Commissioner, • . • • 5. ) Account .. 12. Robert Douglas Hamilton, ) 2 days, • • . • • • • • 2. ) 13. Richard Carney, Constable's account,. 1. 7. 6 £167.16. 6} - 225 - ADJOURlf.rID GENERAL QU~RTER SESSIONS ThursdaY-, 28th Jam.1ar~__ ,1.,841, continued. The Petition of Hugh Brewster and others prayi21g that the Township of Caledon may be set off as a separate Division of the Court of Requests, was read. Whereupon it was Ordered;- THAT in compliance with the prayer of said Petition the Township of Caledon be set off as a separate Division of the Court of Requests to be numbered the Twenty third Division; and that the Clerk of the :Peace communicate the same to the Secretary of the Province$ Jane .Ann. Row ap:peared in Court an.d was recognized as a Daughter of James Falkoner, an U.E., and received usual Certificate. Four Tavern Licenses were Ordered to Issue. (See Rough Minutes). Court adjourned till 10 O'Clock A.M. on Saturday next .. - 226 - ADJOURNED GENERAL QUARTER SESSIONS Court met pursuant to adjournment, Present John William Gamble, Esquire, Chairman, Alexander Wood, John Moberly, Christopher Widmer, Hugh Stewart, Charles Rankin, Esquires, John Scarlett, Alexander Burnside, Thomas lfisher, Edward r;. Thoms on, Justices. John S. Baldwin, John Ewart, James R. Armstrong, William Proudfoot, Thomas W. Birchall, Several Certificates for License were orcterecl to issue.. ( See Minute Book) .. The following Accounts were orclered to be pa.Ht out of the District Funds. 1 •.And_rew Ward for ser,rices of sub:poe nas and.. attending at Boundary Line Commission, • • £!3 .• 3. 1 2. Christopher Clark for Mason work at Court House, • . • . • • • . • • .14. 6 3. John Taylor, for Wood, • • • • • • 4.7 .19. 1 4. Jfranois Thomas for Smith work at Clerk of Peace's Office, • . .. •• ,. . . . olO. 5 • .A.rad Smalley, C,o··roner' s acco1.ntt,.. • ...... 1 .. 17. 6. Tf n Surveyor of Highways, • . 2. 5. 7. Dr. William Thistle, Post Mortem examination o f C • Kaak , • • • • • • • • • • • l • 8. William Pexton, Constable,·3 accounts in all, 5. 2. e 9·. Thomas Fisher services as Coroner, • .. .. • .. .. 10. 3. 6 10. John Craig for ·work at Court Rouse,...... ~13. 4 11. Hiram Piper for new Stamps, . • • • • . 1. 5. 12 .. Dr. J. Foote for Post Mortem examin~tion,&c~, 3. 13. Walter McFarlane for things furnished for Insane, • .. • • .. • • • .. • • .. ,. • • 2. 8. 14 .. William Wakefield, do. do. 1. 2. 6 15. Thomas Foster's account for carting and water, 13~16. 8 16 .. William Paramore for ladder for Court House, .. 11. 3 Mr. Grant,havi:ng wait~d upon the several Bakers in the City, for the purpose of ascertaining the greatest sum, under the Assize price of bread., at which they would. surJply the Gaol of the Home Distri c:t with Bread, received the following Ter1ders: - Reynolds. l¼ Ferrier, 1 Rennie, 1-¼· Alexander, 1 Connell, l¼ Crawford., l~· Bowes & Earles, l½ acc·epte_d. Adjourned till Thursday 25th February. - 227 - ADJ O!:J_B1:rn:p _,___fil~_HJ~AL ~lJ ART I1:R SESSIONS Thursday, 25th Feb~uary, 1B41. Court met pursuant to adjournment. :Present John William Gamble, Esquire, Chairman, Francis Boyd, ) Thomas J:i1isher, Michael McDonagh, ) Esquires, William Gamble, John Scarlett, ) Justices. Thomas W. Birchall, Christopher Widmer,) Lucius O'Brien, Several Certificates for Tavern Licenses were ordered to issue. (See Rough Minutes). It was then moved. by Dr. Widmer seconded by Mr. McDonagh; That the Building Committee having reported that the Sum of £396 .. 13.5 -is due to certain Trad.esmen, as follows- Alexander Hamilton, • . . .• ~ . ~ ~ ••• £44. Paul I3ishop, • • • • • • • • • • • • • • 93. 6. Watkins and Harris, • • • • . . . • • • 16.12~ 3 William Musson,(7 Boxes tin at 54/- £18 .. 18. 31. 4. 8 Wragg & Co • , • • • . . . • . • • • • • 8. 2. 6 Contractors for Building Wall, • . . • 100. Mr. Howard, (the Architect), ••.• 103. 8 .. for completing the New Gaol, and that they have no funds at their comJn.and to liquid.ate those debts,. It be ORDERED, _That the Treasurer l)e directed to pay the same from the General Funds of the District, replacing the amount from the proceeds of the sale of the Gaol and Court House Block first coming into hie: hands .. Wherelq.1on the Yeas and Nays were taken, as follows:- (The Chairma.n having first given it as his opinion that such an applica tion of the District funds was not authorized by Law .. ) Yeas. Nays. Messrs. McDonagh, Widmer, Messrs. Boyd ana_ Scarlett. 2 Birchall, William Gamble, and Fisher, 5. Carried i.n affirmative by majority of 3 .. - 228 - _ADJOURNED ___ GE~TBRAL ~UARTE_R__ S_E_S.§Ji?J1§_ 25th February, 18!,t,. oon~inued. Upon the question for granting a Tavern License to Charles Fenton of Brock:- The YEAS were NAYS. Messrs. MoDonagh, Widmer, Messrs. Birchall, Scarlett, William Gamble, and Fisher, ~ 3. Boyd and O'Brien,- 6 Carried by Majority of 2, and License to iss~e on payment of £3.o.o. The Chairman left the Meeting and Francis Boya_, Esquire, was called to the Chair, The account of Messrs. Gamble and :Boulton fo1- Conveyancing was taken up, when it was ORDERED, That the-account rendered by MeBsrs. Gamble & Boulton be referred to the Building Committee to certify whether the· ser-vTces charged therein have been a_u.ly performed. Adjourned till Thur'3day 25th March at 12 O'Clock .. - 229 .... S P E C I A L SES SI OllS Thursclay, __ 4th March, 1841. Present John William-Gamble, Esquire, Chairman, Hugh Stewart, ) William Gamble t Charles Rankin, ) J. A .. Irving, Thomas Carfrae, ) Esquires, John Barwick, Thomas W. Birchall,} Justices. J. R. Armstrong, John Scarlett, } Thomas Fisher, Benjamin Thorne, ) The Chairman stated he had called. this Special Sessions in consequence of a Proclamation issued by His Excellency the Governor General, calling upon all Justices of the Peace and others, to preserve the Peace at the ap- proaohing elections. The Chairman read the Proclamation from the Official Gazette, and the Notice calling the Meeting. Whereupon it was movecl by Mr. W. Gamble seconded by Mr. Stewart, and ORDERED, That at the approaching elections in the Home District the Returning Offi.cers, acting in con cert with the Magistrates of the respective R~dings, who may be present, be authorized to employ any number of Special Constables not exceeding sixt beyond those already authorized by Law; and for the payment of such. Special Constables five shillings :per day each be allowea_ from the District Funds; and that the Clerk of the Peace be directed to furnish each of the Returning Officers with a co:py of this Order. ORDERED, That the Clerk of the Peace be authorized to procure thirty staves for the use of the Special Con stables so employed, a..nd that six of suoh staves be deliver ed to each Returning Officer. Several Tavern Licenses ordered to issue. (See Rough Minutes). Court adjourned - 230 - ADJOURNED GENERAL ~~~Jp;R SES,§lpNS Thursday, ~5~!U~~aroh. 1.841. Present John Scarlett, Esquire, Chairman Pro. Tem. Charles Rankin, Esquire, J .P·. Court adjourned Sine Diet - 231 - ~NERAL QUARTER SESSIONS Tuesda;r, 6th April_,~ 1841. Present 1. John William Gamble, Esquire, Chairman, 2. Edward W. Thomson,·) ( 7. Elmes Steele, 3. Arad Smalley, ) Esquires, ( 8. JameB A. Irving, 4. Thomas Fisher, } ( 9. Thomas Carfrae, 5. John Scarlett, ) Justices.. (10. John W. Gwynne, 6. Alexander Burnside,) (11. Walter O'Hara, The Clerk of the Peace read the Commission .. The following Grand Jury was sworn. Joseph Wood.,, Foreman, Carleton Lynde, Daniel L. Reid, William Jeffrey, ].!zra Annis, John Hamer, James Wallis, James Hall, Walter Chaffee, Charles Arkland, Elijah Haight, Abraham Jfarewell, John Wilson, Horace Wiman, Jonathan Bartlett, Robert Wilcoxon, John Cade, · William Curry, George Hingston, The Chairman delivered his charge to the Grand Jury. Swore Constable to attend· Grand Jury. Mary Smith appeared in Court and was recognized as the daughter of an U. E. Loyalist, a.nd received. a Certificate as such. Swore Francis Osborne, James O'Brien Bourchier, Corbett, and -- Bourohier to go before the Grand Jury, Queen vs Andrew McDonaghe Swore William Delamare, William Milne and John Jacobs to go before the Grand Jury in a matter of complaint against Captain Philip De Grassie, concerning a Road in the Township of York:. Swore John P. Wheeler, Eliza Rockridge and Richard H.ockridge to go before the Grand Jury in the case of the Queen vs William Hetherington, for Larceny. - 232.,,,. GENERAL QlJ'ARTER SESSIONS 6th April.t_ 1.§41=,,continued. Q~een vs Rooney and wife; for Assault. Swore Thomas Mccann to go before the Grand Jury. The Reverend John Climie, of the Townshi~ of Nottawasaga, Minister of the Congregationalist -Society, appeared and was recognized as such and received a Certifi. cate according to the Statute, havir1g first taken the Oath of Allegiance. The Grand. Jury brought in "True Bill" against Andrew McDonagh; Misd.emeanour. Swore the following Witnesses to go before the Grand. Jury in the case of the Queen vs Armstrong, Stubbs and Others, for Riot: Viz:- 1. William Clark, 12. Archibald Connolly, 2. Samuel Lindsay, 13. George Bell, 3. John W. Rowsell, 14. Farquhar McQuarrie, 4. James Beard, 15w John Graham, 5. Adam Beard, 16. John Creighton, J.P. 6. Duncan Kennedy, 17. John Hillock, 7. Miles Bacon, 18. Robert Raeburn, 8. Adam Hunter, 19. V'iilliam Rae burn, 9. James Norris, 20. John McLelland, 10. Thomas Hilliard, 21. John Lawrence. 11. Archibald McKinnon, Court adjourned. till 12 o I Clock to-morrow. - 233 - GENBRAL QUARTER SESSIONS W~dnesday, 7th April, 1841. Court met ~ursuant to adjournment. Present John William Gamble, Esquire, Chairman, 2. Arad Smalley, ) (10. James R. Armstrong, 3~ James Adam, ) (11. William Laughton, 4. James A. Irving, ) (12. Alexander Burnside, 5. John Scarlett, )Esquires,(13. R. D. Hamilton, 6. Lawrence Heyden, ) (14. Thomas Fisher, 7. Samuel B. Sterne, )Justioes.(15. Walter O'Hara, 8. Elmes Steele, ) (16. Francis Boyd. 9. Edward W. Thomson,) The Reverend John Lacy, of the Township of Chin g:nacousy_, Minister of the British Prirni tive Methodist Society, appeared ancl was recognized by the Court as such Minister, a.nd after havi.ng taken the Oath of All e,gianoe received a Certificate according to the Statute. Queen ) The Grand Jury brought in a "True vs ) William Hetherington, ) Bill n for Larceny. The Appeal of Michael McDonagh against the deci sion of Messrs. Smalley and others, Justices, in the matter of complaint The Queen vs James O'Brien Bourohier, Esq., Francie Osborne, Esq., and others, for assault on Michael McDonagh, Esquire. was then called on. Swore Michael McDonagh, Esq., John Reid and Neil MoDonell, as Witnesses. Swore John Peter Carey, Esquire, to go before the Grand Jury in the matter of Complaint against Captain P. De Grassie, for obstructing the Highway. Queen Was ordered. to be traversed to the vs next Sessions, on application of William Hetherington, Prisoner ~hose bail was accordingly eJ:=:tended. - 234 - GENERAL QUARTER SESSIONS I 7th April..1-184l~~ntipued. The Grand Jury brought in a!'True Bill" against Armstrong, Stubbs and Others, for a Riot. Also against Rooney and Wife, for Assault. The District Accounts were taken up but the further consideration of them postponed till Saturday 24th Instant. Court adjourn~d till Saturday· the ..•••. - 235 - GENERAL QUARTER SESSIONS Tht1rsd.ay, 8th April, 1841. Court met pursuant to adjournment. Present John William Gamble, Es_quire, Chairman, 2. Edward W. Thomson, ) ( 7. Thomas Fisher, 3. Francis Boyd, ) Esquires,· ( 8. William Proudfoot, 4. Samuel B. Stone, ) ( 9. Elmes Steele, 5. Alexander Burnsic1 e,) Justices .. (10. John Scarlett, 6. Jacob A. Irvir1g, ) (lL James Adam, In the matter of Appeal, Michael McDonagh vs Francis Osborne et al, application was made by the Counsel of the Defendants to put off the Trial of the Appeal until next Sessions, which was granted on payment of Costs$ The Grand. Jury came into Court with two Present ments, one on the state of the Gaol, the other respecting the House of Industry. Swore Samuel Jacobs and David Sinclair to go before the G-rand Jury in De Grassie case. Swore James Kidd to go before the Grand Jury in the Queen vs Mann:i.:n.g. Court adjourned till Saturday 10th at 10 O'Clock. - 236 - GENERAL QUARTER SESSIONS. Saturd~aL-.__~Oth April, 1841.!._ Present John William Gamble, Esquire, Chairrran, John Scarlett, ) Alexander Burnside,) Esquires, ~ustioes. Charles Rankin, ) Thomas Fisher, ) Q.ueen vs ) Assault.. Arra.igned Defendants. Henry Rooney, & Ann Rooney,} Defendants pleaded "Not Guilty". Swore the following Jury:- John H. Dermott, Alexander Pri11gle, Moses Fisher, Jaoob Groat, William Caldwell, George Houck, .John Watts, John Pringle, John A. Van Vlack, Gilbert Wicks, Edmund Caldwell, William Till. Swore Thomas McCan anc.l Mary Ann MoManus as Witnesses .. Ver_,£io,!; "Guilty" against both Defendants. Sentence; to pay a fine of Five Shillings each and the Costs of Court, and further to remain in Custod.y until the same be paid. The Reverend Samuel Cuthbertson, of the City of Toronto, Minister of the Church of Scotland, appeared and was recognized as such, and after·having taken the Oath of Allegiance, received a Certificate according to Law. Queen ) Indicted for Assault with intent to kill .. vs ) Second Count Common Assault; Defendant Andrew McDonagh,) having been arraigned J;lleaded "Not Guilty". Jury SW,OI"~ Henry Adams, James Hoyt, Thomas Martin, Thomas Fuller, Joseph Fox, James Jamieson, George W. Coulter, John Dickey, James Young, Sullivan Turner, Ethan Card, Samuel Hall. Pro. Witnesses Con. :&.,rancis Osborne, Michael McD011agh, ·Esq., James O'Brien Bourchier, .William Corbett, and William Bourchier .. - 237 - GEN'ERAL QUilRTr~R SESSIONS 10th April, 1841 2 continued. Verdict; Guilty on Second Count only. Sentence;_ to be fined Four Pounds and Costs, and to be imprisoned till paid. Queen ) Larceny. Called Cornelius- Burke and Mary vs ) Burke to prosecute, and they failing to Char1 es Payne , ) appear, Prisoner discharged by Proclamation .. Queen ) Prosecution withdrawn upon consent of vs ) both parties with leave of Court. Strong & Others,) A Road Report by Horace Keating, Esquire, respect ing the "Lake Shore Roadn in the Township of Oro, from Richard Hodges' Tavern in the 12th Concession to Joseph Locks' in the 5th Concession, was laid before the Bench, when ;it appearing that the Report was informally drawn up, it was Orderecl that the Clerk of the Peace write :Mr. Keating to that effect. Court adjourned till Saturd.ay 2'4th Instant. - 238 - ADJOURlUill GEUERAL __'lU_!RTER SESSIONS Satu.rda.y, 24th April, 1841. Court met pursuant to a.d.j ournment. Present 1. John William Gamble, .Esquire, Cha1.rman-, 2. John Ewart, } (5. Thomas Fisher, 3. Alexander Burnside,) Esquires, (6. William Proudfoot, 4. John Scarlett, ) Justices& (7. Thomas W. Birchall, ) (8. Charles Rankin, The Reverend James Lambie, of the Township o·f Pickering, Minister of the Church of Scotland, appeared and was recognized as such by the Bench and reoe ived. a certifi cate according.to the Statute, having first taken the Oath of Allegiance. (Four Certificates for Tavern Licenses ordered to issue; see Rough Minutes.) The Application_ of Mr. Osborne,,requesti.ng __to., be allowed :he privilege of exchanging the Building Lot immediately South of the Court Rouse for a Lot on Church Street to the North of the Court House, was laid before the Court, when it was RESOLYED, that_ the application be not entertain.ed. ORDERED, that the following ~ersons be named as Constables for' the ensuing year:- TOWNSHIP OF YORK. NORTH GWILLinIBURY. KING. John Porter, Alexander Long, Daniel Kennedy, Thomas Goulden, John Reid, Thomas Davis, John Burkholder, James Evans, John Stevenson, James Bell, · Richard Murphy. Alexander Brock. W. GWILLIMBURY ~ TOROllTO. WHITBY. Thomas May, Thomas Crisp, Alexander Murr~y,Jr. Thomas Flemming, William Nel~on, John Bruce, ,1 ohn Mo Greg or, Robert Hod.son, Thomas N. Scripture, GEORGINA. Artemas Thompson Thomas· McGill. Patrick Herron ' John Comer, George Church.' Samuel_Park. - 239 .... ADJOURNED GEJ:JERA.L QUARTER SESSIONS 24th April·, 1841 2 continued. PICKERING .. E. GWILLIMBURY * .ADJ ALA & MONO e Frederick Cheney, William Reid, John Cobane,, Henry Majors. Hiram Moor. James MoCana, William Hatriok, Charles Corson. BROCK. SCARBORO ' ,, · Edward Farquson, Archibald Glendenning, Christopher Brand.on,, Marshel Yond., George Stephenson, John Brandon, John Marshall, William A. Thomson, Michael Tueskey, Donald Grant, Thomas Jackson. Gilchrist Duncan. MARKHA]JI. ETOBICOKE .. ORILLIA~ :E'ranois Dalby, John W. Crosby, Andrew Ward., Henry ],razer, William McPherson, Joshua Biles, Jacob Gill, William Ketchum, George Baker, John Roe, · Henry Wilson. James Russel, Jude M. Lawrence. VAUGHAN. WHITCHURCH .. GORE OF TORON~Q~ Thomas McAdams, William.11etcalf, ,John Gibson, John Frank, James Hutt, John Nixon. Richard Murphy, William Garbutt, - Roberts, George Bache. UXBRIDGE. MARA. ALBION. John Fralick. John Thompson, Albert lHnch, THORAE .. Francis Shenerd, George Taylor, James Ritchey, William Achison, Donald McCallum, William McMullin, Archibald McBainj CALEDON. Charles Robinson, CHINGUACOUSY. Thomas McDonald... David Hunter, Peter Freel, Samuel Lindsey, John Scott, Archibald McKinnon. Robert Finch. Thomas Landrigan, REACH. Isaac Hart, MEDONTE .. Edwar Read the Application of Alexander Hamil ton and others, purchasers of the Gaol and Court House Lots, request ing that the Lane laid out in rear of those Lots may be opened .. Whereupon it was .... 240 - ADJOURNEJ) GENElli~L QUARTER SESSIONS 24th April, 1841 1 continued. ORDERED; That the Application be acceded to and that the Sheriff be directed to remove all obstructions and open the same. ORDERED; That Mr. Ritchey be directed to secure the foundation of the South side of the Court House Wall,, under the direction of Mr. Ho~ard as Architect. ORDERED; That Messrs. J. W. Gamble, Fisher, Scarlett, Proudfoot, and Birchall be a· Sub-Committee to examine the accounts for Audit and report the same to the next adjourned Sessions. Adjourned to Thursday the 29th Instant at 12 O'Clock. - 241 - ADJOURNED GEUERAL QUAR~J.!ER SESSI011S Thursq.a~ 29th April, 184L Court met pursuant to adjournment. Present John William Gamble, Esquire, Chairman, Alexander Burnsitle, ) Thomas William Birchall,) Esquires, Justices. Thomas Fisher, ) The Court having met for the purpose of Auditing accounts and there not being a sufficient number of Justices present to form a Quorum, Messrs. Gamble, Fisher and. Birchall, members of the Cont~ittee at the last adjourned Sessions (to examine accounts) :proceeded to discharge that duty; the Court of Sessions standing adjourned untn Thursday the 13th May next. - 242 - ADJOURUED GENERAL QUART.I~R SESSIONS Thursday 2 13th 'May, 1841. · Present Thomas Fisher, Jl1squire, Chairman, Pro .. Tem., Thomas William Birchall, Esquire, J.P. The Court met to audit accounts but there not being a sufficient number of Justices present to form a Quorum - Adjourned until Thursday next the 20th Instant. THURSDAY, 20th WiAY, 1841. Court met :pursuant to adjournment. Present Robert C. Horne, Esquire, Chairman Pro .. Tem .. , Thomas William Birchall, Esquire, J.P. Court met and adjourned for want of a Quorum, until Saturday the 29th Instant at 12 O'Clock Noon. SATURDAY, 29th MAY, 1841. Court met pursuant to adjournment. Present Thomas Ji'isher, Esquire, Chairman Pro .Tem., Frederick Starr Jarvis,) James Patterson, ) Esquires, Justices@ Court met to audit accounts, but adjourned for want of a Quorum until ·Nednesday, 2nd June next. -- 243 ·- A.DJOURNED GENERAL Q,1JART1m SESSIONS Wednesday, 2nd June, 1841. :Present George T. Dennison, Esquire, Chairman Pro.Tem., Charles Rankin, Esquire, J.P. Court met pursuant to adjournment, and adjourned for want of a Quorum until Wednesday the 9th Instant at 12 O'Clock. WEDNESDAY, 9th JUNE, 1841. Court met :pursuant to adjournment .. Present John William Gamble, .Esquire, Chairman; Charles Rankin, EsquJ.re, J.P. Adjourned for want of a Quorum until Thursday the 17th Instant* THURSDAY, 17th JUNE, 1841$ Present John William Gamble, Esquire, Chairman, Charles Rankin, Esquire, J.P. Adjourned for want of a Quorum till Saturday the 26th Instant at 12 O'Clock. Special Notices to be sent to the Justices resrn ing in this and adjoining Townships requesti~g their at tendance upon that occasion. - 244 - ADJ01JR1U~J) GKllBJRAL QUARTER EES2,J01fS Saturd}11 z 26th June, 1841. :Present John William Gamble, Esquire, Chairman, 2. Hugh Stewart, .} ( 8. Francis Leys, 3. Francis Boyd, ) ( 9. John Dawson, 4. Thomas Fisher, ) JEsquires, (10. Lucius O'Brien, 5 e Thomas W,; Birchall , ) Justices. (11. Willi.am Proudfoot, Rankin~ 6. Alexander Burnside,) (12.,. Charles 7. William Gamble, ) Certificates of Tavern Licenses were ordered to issue to; - Athenius King, of Orillia, on paying, . . . £6. O .. John Campbell, Holland. Landing , • .. • .. 7 .10. and for Beer License to Franc is Rafferty, of King, on pay·ing, • 2.10. A Communication from Dr. Widmer being read,' it was ORDERED, That six Iron Bedsteads, and. sh: sets of bedding be obtained for the use of sick persons in the Gaol; but the Chapel not to be occupied as an Rospit~l. The account of Mr .. James Bell, Deputy Inspector of the District, was Audited under the Statute 3rd., Victoria, Chapter XX, for £13.10. The followi11g District accounts were Au.di ted a:nd ordered to be paid:- 1. The Gaoler's a/c.for Bread & Soup fnrnished prisoners, • £41.18. 5 2. n " for support of Insane, . . . . 16. 8 .. 10-'Jt 3. n '' for Disbursements, • • . • .. • . 3. O .11 4. Robert Stevenson's a/c. for Wood, ...... 126.14. 5. The Sheriff's a/c. for sencling Prisoners to Penitentiary, • .. • • • • • • 40. 6 .. 3 6. Do. do. for Disbursements on behalf of District, •• ~ o • a ••• 181.18. 7. Do. clo. for Services, .•.. 34e 8. George Walton's account as Coroner, 41.15. 9 9 .. James Bell's a/c. for printing paid by him, .• 5. 5 .. 10. Charles Rankin's a/c. for surierintending planting Boundary Stones, •.•••. ~ 3. 11. John Craig's a/c. for Constables' staves, ••• 3.15. - 245 ,_ ADJOURinm_ GE:r:TERA.L QUARTER SESSIOl\T§_ 26th June, 1841, continued. 12. James Coleman's a/c. as Coroner, •• £2 .15. 41 13. n n n ft n L 2. 8 14,15,16, & 17, Thomas Fisher's a/cs. as Coroner in all amounting to, • 19. 0. 6 18. Francis C. Mewburn's a/c. as Surgeon at Inquest, • • • • . .. • • ...... , .. 3 .. 19. Robert Burns' do. do. • • . . • 3 .. 20. Alexander Hamilton's a/c. for glazing &c. at Gaol and Court House, .....• 7. 4.lli 21. John Barnhart's a/c. as Surgeon at Inquest, 3. 22. Arad Smalley's rr as Coroner, •. 3 .. 6. 23. Francis Osborne " " " .. .. • . • 1.16. 3 24 .. William Adams' " " Surgeon, .15 .. 25. William Rees' " n n .15 .. 26 & 27, John P. Wheeler's a/c. as Constable, 2.17. 6 28. Hiram Van Voltenburg's a/c. " " 1.10. 29 .. Richard Murphy's a/c. " " 1.11. 30., Henry Wilson's u " " 1. 31 .. Joseph Gibson's " " " 2. 5 .. 32. James Cooper's " n u .16. 8 33. Jam.es Severs' a/c. for Refre'f:1hments for Jury, .12. 6 34. George Duggan's a/c. services as Coroner, e • 6. 0 ~ 3 36. D.R. Bradley's a/c. attendance as Surgeon at Inquests, ...... ,. • 1.10 .. 36. William H. & James P~tterson, Esquire's, for Special Constables at Streetsville Election,6. 37. Henry Rowsell' s a/c. for Stationery, .. , . • • . 3. 1. 1J 38. The Estate of Thomas Dalton's a/o. for · Print ing , • • . • • . . • . .. . • • • • .. 7 .. 12 .. 8 39. Mrs. Dalton's a/c. for Printing,. • 2.11. 4 40 .. Rogers & Thompson's a/c. " • • • . 2 .12. 41 ... w. J. Coates' " " .. .. • . 1.18. 5 4 2 • John Carey ' s " " • • • .. • 18 • 43 .. Andrew Heron's " " .. 8. 1 44. 'Francis Hincks' " n 2.,12. 45. Hugh Scobie' s n " .. .. • • 5. 2. 8 46 • Tl ft ff tT 2.12. 47. Donlevy & 1\[cTavey' s " tt 2.12. 48$ The Mirror Office's " Tl 4. o. 1 Sessions adj ou:r-ned. Sine Die. .... 246 - GENERAL QlJ.ARTI~R SESSIONS Toronto, 6th ~u_.1~y_,_1~~-•- Present John William Gamble, Esquire, Chairman, AlexandE1r Eurnsicte, Esquire, J.P. The Clerk of the Peace read the Cormnission. The following persons were sworn in as Grand Jurors. 1. David Bedford, Foreman, 2 .William Flint, 12. Thomas Clark 3. George Beckett, 13'!> John Black, 4. Francis Lamb, 14. Elisha Lins-cott, 5. James Carten, 15$ George Chandler, 6. William Clendennan, 16. Thomas Wilcoxon, 7 • Leonard. Lambkin, 1 7 • Edward~ Dunn, 8. B.obert Mu.drid.ge, 18. James McKay, 9~ Walter Harper, 19. William Hyland, 10. William Hardy, 20. William Anderson, lL William Marsh, 21. Isaac Elliott. The Chairman read his charge to the Grand Jury. The following Notices of Claim were then read by the Crier. DAVID MIXTON, Jun., for South half of Lot No.6 in 2nd Con cession Nottawasaga. DAVID WHALEY, for West half of Lot No.14 in 1st Concession, E. P .. Road.,. Oro. JEREMIAH COFFEE &) for North half and South East quarter of DANIEL O'BRIEN,' ) 18 and South East quarter of 19 in 7th Concession, Brock. JOHN McGUIRE, for East half of Lot No .. 23 in 7th Concession Mono. :ROBERT C.ALDER, for West half of Lot No.7 in 6th Concession, Chiriguac ousy. JAMES MACKLEM. for South half of Lot No.5 in 3rd, Lot No.3 in the 5th, a.nd Lots Nos .3 in the 7th and. 9th Concessions, Nottawasaga. D '.A.RC1 BOULTO!~, East or :t::rorth East half of Lot No .17 in 3rd Concession of Etobicoke. WILLIAM KNAGGS, South Westerly half of Lot No.17 in 3rd Concession of Etobicoke. MARIA CATHERINE MEIGH.AlJ & Others, West half of 16 in 7th Concession of Essa. - 247 - GENERAL QUARTI!~R SESSIONS Queen ) The Prosecution as against Thomas Ryan, vs ) one of Defendants, allowed to be withdrawn, Ryan & Others , ) parties having settled- Court adjourned till 12 O'Clock to-morrow. - 248 - WedneS~§L. 7th July~,_~_,.!~~jb_ Present Same Justices. Queen vs William Hetherington. Larceny. Prisoner arraign ed and pleaded "Not Guilty". The following Jury sworn:- . 1. Seymour Whitman, 7. Thomas Wilson, 2. John Miller, 8. Andrew Mason, 3. Isaac French, 9. John Boles, 4. Abel Ewers, 10. Henry Dearburn, 5. Philip Lewis, 11. Alva Martin, 6. Joseph Adams, 12. John May. Pro. Witnesses Con. Eliza Hockridge, John Hetherington. John Hookridge, Richard Hookridge. Verdict; "Guilty", recommend.ad to mercy. Sentence;, One month's imprisonment. Queen ) Assault. Swore Thomas Rogers, Thomas vs ) Rogers Junr., James Kennedy, Ann Rogers, Riley & Others,) and John Rogers to go before the Grand Jury. "True Bill" found .. Queen ) Larceny. Swore John Patterson to go vs ) before G·rand Jury. Mary McCormack,) "No Bill" returned. Queen ) Rescue. Swore John M~Gregor and Robert vs ) Stoker to go before the Grand Jury. Edward Murphy, ) "True Bill" returned. Prosecutor not appearing, Defendant discharged by Proclamation. Queen on Com. of - Churchill Traversed till next Sessions. vs Elizabeth Mills, Recognizances extended. The Public Accounts of the District were this day taken up by the Bench, but the further consideration of them postponea until next adjourned Sessions. Court adjourned till 10 O'Clock to-morrow. - 249 ·- GE1TERAL Q.U .lill.T ERa ____ SESSIONS Thursd_ay, 8th July 11 1841 _._ Court met pursuant to adjournment. _Present John William Gamble, Esquire, Chairman, Alexander Burnside,) William Proudfoot, ) Walter O'Hara, } Esquires, JusticeB .. R. D. Hamilton, ) Lucius O'Brien, ) Queen ) Assault. Swore George Smith to go before the vs ) Grand. Jury.. "True Bill" found against James Ma:pes et al, ) Mapes. Bench Warrant ordered to issue. George Smith entered into Recognizance to appear next Sessions. Queen ) Assault. Defendants arraigned and vs ) pleaded nNot Guilty" .. OWen Riley & Others,) The following Jury wa~. sworn:- 1. Abraham Demaray, 7. Francis Crone, 2. Philip Lewis, 8. John Miller, 3. Jose1)h Clark, 9. Jona.than Sprague, 4. Jacob A. Smith, 10. Joseph Ad.ams, 5. Simeon Crawford, 11. .Andrew Mason, 6. Charles Reynolds, 12. William Warrian. Pro. Witnesses Con. Thomas Rogers, James Kennedy, Thomas Riley, Thomas Rogers, Junior, James Eaves, Michael Riley, Ann Rogers, Rachel Rogers .. William Higgins, George Gurnett. Verdict; '1 Guil ty". Senteno~ John and Gwen Riley to pay a fine of Two Pounds each and Costs, and Daniel Hannon to pay a fine of One Shilling and then be discharged.• , In the case of appeal of Michael McDonagh against the decision of Arad Smalley, Esquire, J.P. a~d other Justices. On motion of Mr. Sherwood. the Court decided., That the appeal could not be sustained; accordingly dis missed. Court adjourned· till Saturday· 24th July instant. - 250 - G·ENERAL ,_QUARTER ~-~3i~2-SIONS Sa.turc1ay,.,,_ 24th Ju~, 1841. . Court met pursuant to adjour~ment. Present John W. Gamble, Esquire, ChairmB,n, William Proudfoot, ) Edward G. O'Brien, ) Esquires, Justices. Alexander Burnside,) Alexander Wood, ) The Court met for the purpose of auditing accounts but there not being a sufficient number of Justices present to form a Quorum, the further oonsid.eration was !)OStponed until the next meeting. It was then ORDERED~-That Petitions be prepared to the two Houses of Parliament, praying for the passage of an act consolidating the balance of the Old Debt and. the money borrowed for constructing the lfow Gaol as the present debt of the District, making the amount of the same chargeable upon the proceeds of the Gaol and Court House Block, and directing the application of any excess of revenue arlsing from the rate of one penny in the pound towards the payment of the Interest and Principal thereof. Provided the Town- ships hereafter to be set off as the District of Simcoe be relieved from present liability for their proportion of the said debt .. And that a Copy of this Order and. of the Petit ion be transmitted to the· Justices of the County of' Simcoe. Adjourned until Saturday 31st Instant at 10 O'Clock A.M. - 251 - GE~1ERAL Q,UARTER SESSIONS Saturday, 3ls~ July1_ 1841. Court met pursuant to ad.journment. Present John William Gamble, Esquire, Chairman, William Proudfoot, ) George T. Dennison,) Hugh Stewart , ) Christopher Widmer,) Esquires, Justices. Alexand.er Burnside,) William Gamble, ) The following accounts were audited and. ord.ered to be paid:- 1. Christopher Clark, Mason work at Gaol, • £1L 4. 5 2. Walter MacFarlane, Blankets,_&c., •• 18.18. 3. George Tienholm, n • • .. • • • • 30. 1. 4. Hiram Piper, putting up stoves, &c. &o .• 32. 0. 8 5 .. John Kidd, (Ga.Oler) for sundry disbursements, 7 .16. 6-½- 6. John Ritchey, Carpenter's work at Gaol and. Court House, ••••••••• ~ 44. 2., 4 7 .. Thomas Whitlam, for Pump for new Gaol, • 2. 5 .. 8. Thomas Foster, water for new Gaol, •••• - L14 .. 9. Ridout Brothers & Co., for Brushes, &o., •• 2 .12. 6 10. this number is omitted in Book. 11. Angus Dallas, for Pails, Tubs, ~c., ...... 7. 4 .. · 12. Davia. Henderson, Iroriwork, • • • . • .. • . • L 5 .. 13. Donald Frazer, Services as Turnkey, • . • 15. 14. Thomas Knowlton, Sweeping Chimneys of Court House, .. • • • • .. • .. .. • 1.19. E, 15. John Kidd, for disbursements, • • • • 3.15 .. Bl 16. " " for Soup, .. • • .. .. • • • 17. 9,. 1 17. Bowes & Earles, for Bread, ••••••• 19.120 7~ 1'8. Dr. King:i attendance at Inquest, .15. 19. Dr .. Gwynne, " '' " .15 .. 20. Francis Hincks, Printing, • • . • • • • • ,. 4.11. 9 21. Hiram Van Vol tenburg, services as Constable, 2.10 .. 22. Thomas Knowlton, swee:pi:pg Chimneys of Gaol,. 2.15. 23. Henry Rowsell, Printing, • . • • • • ••• 1..11.. 6 24 .. John CL Howard., services as Architect, • • • 5 .. 5. 258 John Ritchey, repairs S.Wall of Court Rouse, 130 .. L 3½ 26. George Ford, Blacksmith at Gaol, 12.17. 27. Dr. Widmer, Attendance at Gaol, . . • •• 38 .. 6 .. ORDERED; -That the account of MeBsrs. Gamble anct Boulton be referred back to the Building Committee, and that those Gentlemen be requested to meet the Coro.mittee as soon as Mr. Small sha.11 return from his journey, to adjust the charges in the sat cl account, which, when so adjusted, shall be forthwith paid by the Treasurer without further reference to the Court. - 252 ..... GJ~UERAL _SJ!.A.RTER SESSIONS 31st JulL__J.841, continued,. ORDERED-:-- That the Trustees of the Gaol and Court House Block do apply to Mr. William Osborne for the payment of the accounts of Mr .. J. G. Howard and Mr., John Ritchey for repai.ring damages done to the Court Rouse, and. that in the event of his neglect or refusal to do so the said Trustees be request ea~ to take such legal ster)s ~ for the recovery of the same, as they may deem advisable. ORDERED:- That the Clerk of the Peace transmit the Petitlo:ns now produced to the respective branches of the Legislature. That to the Hon .. Legislative Council to Hon .. R. B .. Sullivan, and. that to the Assembly to Isaac Buchanan, Esquire, with a request that they will be pleased to present, and su1)port, the prayer of the same. Adjourned. till Saturday 14th August at 11 O'Clock A.M. - 253 .... ADJOURlIEm SESSIONS Saturd.~y, 14th Au__gust, 184L Court met purBm.mt to, adj ourrrmen t .. Present John William Gamble, Esquire, Chairman, Willia.m Gamble, ) Thomas W. Birchall,) Alexander Burnside,) Esq.uires, Justices. Hugh Stewart, ) Audited the Treasurer's account from 1st July 1840 to 31st July 1841. Ad.journed to Thursday 9th September 1841. THURSDAY, 9th SEPTE1:KBER, 1841. Court met pursuant to aa.journment. Present William. Proudfoot, Esquire, Chairman Pro .Tern. Lawrence Hayden, Esquire, J.P. Court adjourned Sine Die. - 264 - G-ElrPJRAL _QUART:&~!L~_;lP~3SIONS Tuesd~z.,__ 5th Octo lrnr, 1841. Present John William Gamble, Esquire, Chairman, Arad Smalley, · ) William Crookshanks,) Rugh Stewart , ) James Young, ) Esquires, Justices. Thomas Fisher, ) John Scarlett, ) Al exana. er Burnside , ) The Clerk of the Peace read. the Commission. The Sheriff returned. the :Precel?t •. The following Gentlemen were sworn in as Grand Jurors:- Alexander Agston, Foreman, William Lawrence, Adam Speir, Joseph Bowerman, Joseph L. Rogers, Hugh Crawfor(i, Levi :Mackie, James Erwin,· · · C. Stickney, James Greig, John Whitesides, Joseph Mitchell, Sylvester Lynde, John Galloway, George Williamson, John McDonald, David Hamdan. John Watson., Swore John Watkins as Constable to attena_ Grancl Jury. Queen ) Swore John Elliott and Bernard O'Hara to go vs ) before Grand Jury.. Presentment fou.11d .. John Sweeney,) Bench Warrant isi:med. Pleaded Guilty. Fined 5 shillings and Costs ana.. remain in · Custody till paid. Queen ) Swore Sa.rah Churchill and Sylvanus Sher vs ) ra)rd to go before Grand Jury. True Elizabeth Mills,) Bill found •. ORDERED:- That when.this .Court adjourn.from the present sittings it do adjourn until Tuesday the 19th Instant at 12 O'Clock noon, and that _all the Magistrates of the District be specially summoned to attena_ for the purpose of laying off .th~ District in Divisions according to the pro visi.ons of the new Court of Requests Act. - 255 - GBUERAL QU.A.RTER _ SESSIONS 5th Ooto~~r, 1841, continued. Q,ueen ) Assault and Battery. Defendant arraigned. vs ) James Mapes,) Plea nNot Guilty". Swore the following Jury:- Joseph Highfield, John Cowkill, Isaac Orvis, William Pherrill, Henry :McBr:l.en, William Stevenson, George Rayes, James lflaves, Hiram Verden, Richard Delong, Edward McBrien, John Matthews .. Pro. Witnesses Con. George Smith, Jesse Mapes .. Samuel Reesor .. 1 Verdict:-_...... ,, .. ______.,. __ "Not Guil tyr Queen ) Swore James Scott and William Yalliamson to vs ) go before Grand Jury, (Larceny). Present- John Williams,) mont brought. Bench Warrant ordered to issue .. Queen ) Swore 'i7eston Stephens, Robert Smith Sen., vs ) R. Smith Jun .. , and John Millar to go Benjamin Madill,) before Grand Jury on charge of Larceny. Presentment found. Bench Warrant ordered. Court ad.journed till 10 0 'Clock .A. M. to-morrow. - 256 - tNed.nesday, ___ 6th 0cto1?er, 1841.. Court met 1mrsuant to adjourm.aent. :Present John William Gamble, Esquire. Chairman, John Scarlett,} Thomas Ifisher,) Esquires, Justices$ Ara d Smalley, ) Queen ) Defendant arraigned. for Assa.ult on vs ) Sarah Churchill. Elizabeth Mills,) Plea "Not Guilty". Jury Jo~eph Highfield, James I~aves, John Matthews, William Pherrill, John Delong, William Stevenson, Denis Connor, James McKey·, William Matthews, Richard Delong, Edward McBrien, :Michael Marshall. Pro. Witnesses Con. 8arah Churchill , Robert Williams, Sylvanus Sherrard, Jesse Ketchum, Verdict:· "Guil tyn. Fined ten shillings and Costs. Queen Larceny. Swore Alexander Stewart, vs l John Marlin, and Johnson Proctor to Edward Feeharty, ) go before the Grand Jury. ~liaa Edward Mayo,) nTrue Bill" found. Queen Lart}eny. Swore William Blythe, John Bell, vs and William Buggs, to go before Grand George Wight~an,) Jury. nTrue Bill '1 found. John Sweeney then arraigned anc1 Pleaded "Guil.tytt. Samuel Brunson Arnold was recognized by the Court as the son of an U. E. Loyalist. The Road Report of Arad Smalley, Esquire, Road Surveyor, upon the application of Hiram Bigelow an.a. other Freeholders of the Townships of Tecumseth and West Gwillim bury, to open a Road across the 12th, 11th and part of the 10th Concessions, was read and Ordered to be conf~rmed, - 257 - GENERAL QU~RTER SESSIONS 6th October, 1841 2 continue~~ conditioned. that the Claim of Richard Keating for remu:nera tion for land traversed by said Road be.first satisfied by the Petitioners for said Road previous to the issuing of any Order to open said Road or the performance of a~y Statute labour thereon. Q.ueen ) Prisoner being arraigned :pleaded "Not vs ) Edward Fe eharty, ) Guilty" • JU!7:_ Vrill-iam Matthewson, George Hayes, William Ha trick, Hiram Verclon, Isaac Owis, James Burnes, John Matthews, Thomas Cawley, Charles Jewell, J'ohn Cowkill, Richard Delong., George-White. Pro. Witnesses .. Con~ Alexander Stewart, Patriok Sweeney, John :Proctor, William Austen. John Martin. VerdicJ.. i__ "Guilty~'. Sentence; One Year hard labour in Provincial Penitentiary., Q.ueen ) Larceny. Swore William Cook and Mark Brai th vs ) wa_i te to go before Grand Jury. "True Bill rr John Storey,) found. Defendant arraigned. Plead.ad nNot Guilty" •. Upon affidavit of Prisoner oase put off till Assizes. Prisoner then bailed by· Order of Court to the Assizes, on the Recognizance of Peter Storey of Markham, Yeoman, and) in the ) John Swam of City of Toronto, Tailor,) sum of )· £25e each. (dated 7th Instant) William Cook entered into Recognizance to prosecute in the sum of, ...... £25. (7 Inst.). Queen } Swore Ara.d Smalley, Esq., to go before vs J Grand Jury., "True Eilln found.. Parties Bennett et al,) arraigned.; · pleaded "Not Guil tyn. Upon affidavit of Prisoner cause put off till next Sessions. Prisoners Ordered to be bailed in £26. each,- and two Sureties in Ten Pounds each. - 258 - GENERAL QUARTER SESSIONS-~ 6th October, 1841: 2 continued. Recognized David Sprague to :prosecute in the sum of £10. James Degeer appeared and. having produced the necessary testimonials to the Court, was recognized as a Minister of the Methodist Epieicopa.1 Churoh in Canada, and having taken oath of Allegiance, received the usual Certifi cate authorizing him to celebrate Matrimony. The Public Accounts against the District vrnre then taken up and adjourned their further exami.nation until Thursday the 4th clay of November next. Court theri adjourned until 10 O'Clock A. M. to-morrow ...... 259 .... ADJ·oumrnD GENERAL .QUAR~PER ~ESSION§_ Thursda~_,_,7th October 2 1841 .. Court met pursuant to adjournment. Present John William Gamble, Esquire, Chairmanlt Thomas Fisher, E.sq_uire, J.P. Barn.a.bas Brown. appearecl in Court and. having :pro duced the required testimonials was recognized as a Minister of the Methodist Episco:pal Church in Canada, and. having taken the Oath of Allegiance, received a Certificate to authorize him to celebrate matrimony. William B. Jarvis, Esquire, Sheriff of the Home District, having produ,ced his ban bond, as required. by the Statute, and the same being examined by the Court, a majori ty of the Justices declared themselves satisfied of the sufficiency of the Bail, and Ordered accordingly. Queen ) L~rceny. Called DefencLant on his Recogni. vs ) zanoe. Called James Richardson and George Wightman,) Williaa Ealls, the Sureties, to bring forth his body, ana_ Defendant not appear ing, Recognizance estreated. A Road Report of John Farquharson, Deputy Surveyor, upon the application of Frea_erick Cheney and others, requir ing a Road to be o:pen'ed from the East side of the Rouge Hill through the 3rd Ranee of the Township of Pickering to the allowance for Road between. 34 and 35 in the 1st Concession of said Township, was read and Ordered to be confirmed. Sylvester Hurlburt appeared in Court ana. having produced the necessary testimonials was recognized as a Minister of -the V/esleyan Methodist Church in Canada,, and having taken the Oath of Allegiance, received a Certificate authorizing him to celebrate Matrimony. - 260 - ADJOUR11ED GENERAL QUARTER SESSIONS 7th October, 1.8~1:.-L continuea.• Archibald McDonell was recognized as the son of an U. E. Loyalist and received Certificate. A Roacl Re1iort from John 1'..,arquharson, Esquire 11 urion Petition of John Harper and Others, requesting that a Road be opened on the Westerly Line of Lot No.9 in the Sixth Concession of Whitby, was read and Ordered to be confirmed. Also a Re~ort on Petition of Adam Kerr and Others requesting_ a Line of Road. to be opened on the front of the 7th Concession of Whitby on Lots Hos. 3, 8, a.na. 9, wt1.s rea.d an.a. Ordered to be confirmed .. Several Licenses ordered to issue .. (See Rough Minutes) .. Read the Road Report of Mr. Horace Keating, upon the Petition of ;/. B. McVi tt ie and. others requiring a Road to be surveyed and opened on the Shore of Lake Simcoe, from Lot No. 24 in the 12th Concession of Oro towara.s the Town of :Barrie to the Ridge Roaa_, and Ordered. to be con firmed. Court adjourned till 12 O'Clock noon on Tuesday 19th Instant. w~ 261 - ADJOURlrED GENERAL QUARTER SESSIONS Tuesday, 19th October 1 1841. Court met pursuant to adjournment. Present 1. John William Gamble, Esq., Chairman. 2. William Thompson, 22. R. C. Gapper, 3. Hugh Stewart, 23. Elmes Steele, 4. Thomas Fisher, 24. John Farquharson, 5. Larratt Smith, 25. Thomas Mcconkey, 6. William Gamble, 26. Duncan Cameron, 7. Frederick S. Jarvis, 27. Archibald Barker, 8. James Paterson, 28. Michael McDonagh, 9. ],rancis Boyd, 29. Hector Mc~uarrie, 10. Francis Campbell, 30. James McGrath, lL John Scott, 31. Lucius O'Brien, 12. John Lynch, 32. Lawrence Hayden, 13. Abraham Bagshaw, 33. William Proudfoot, 14. Thomas W. Birchall, 34. James Young, 16. Samuel B. Sterne, 35. Arthur Carthew, 16. Peter Reesor, 36. John King, 17. William Crookshanks, 37. Charles Rankin, 18. John Button, 38. John B. Warrent 19. Francis Leys, 39. Kenneth Cameron, 20. James R. Armstrong, 40. Charles Scadding, 21. William Parson, 41. James M. Taylor, Esquires, Justices. The Chairman stated to the Meeting that it had been convened for the purpose of dividing the District into Divisions for the :purposes of the reoently passed Cou.rt of Requests Act. It was then moved by Mr. William Gamble seconded . by Mr. Smith, THAT Messrs·. ],isher, Steele, Boyd, Thompson, and J.B. Warren be a Committee to Draft a Resolution dividing the District into Divisions according to the Statute and. report such Resolution to the Meeting forthwith. The Committee appointed to draft a Resolution dividing the District into Divisions brought in the following report. The Committee appointed to report upon the di•vi• sion of the Home· District, under the new Court of Requests ..... 262 - .ADJOUR11ED GEmGRAL ,iuARTl~R f3E,;SSION:3 19th October, 1841, continued. Act, beg leave to report the following Resolution, viz:- RESOLVED:- That the Home District be separated and divided into six Divisions, as follows:- FIRST DIVISION: The City of Toronto an,d Townships of' Yor:k and. Scarboro ' • SECOND :DIVISION: The Townships of Toronto, Toronto Gore, Etobicoke,. Chinguacousy, Albion and Caledon. THIRD DIVISIOl'iJ: The Townships of Pickering, Whitby, Reach, Scott,. Brock. Georgina, Thorah, Mara, and Uxbridge. IfOURTH IHVISIOI:l: The Townships of Markham, Vaughan, King, Whitchurch, East and North Gwillimbury4' FIFTH DIVISION: The Townships of West Gwillimbury, Tecumseth, Adja.la, :Mono, l\!Iulmur, ·Tossorontio and Essa. SIXTH DIVISION: Tl1e Townships of Innisfil, Notta.wasaga, Sunnida.le, St. Vincent, Collingwood, Ves:pra, Oro, North and South Orillia, Medonte, Flos, Tiny., Tay, Matchedash and. Rama .. It was then moved. by Mr. Stewart seconded by Mr Thompson, and ORDERFW:- That the Proceedings of this Meeting, relative to the division of the Home District, be published in the "Pa.triotn, ftHerald", "Colonist", nchurchn and "Examinern. A letter from ~Edward G. O'Brien, J!Jsquire, com plaining of neglect in collecting taxes in the County of Simcoe, was laid before the Bench .. Whereupon it was mo-ved. by Mr. L. O'Brien seconded by Mr. Gapper, and ORI)ERED:- That a. Copy of the letter from Mr. O'Brien (so far as relates to money due to the County of Simcoe} be forwarded to the Treasurer, and that he be requeste(l to give an explanation in writing of said circumstances. Further that the Clerk of the Peace forward a copy of this - 263 - ADJOURNED GENERAL ~iUARTER SESSIONS 19th October, 1841, continued. explanation to the Chairman of the Simcoe S:pecia1 Sessions .. ORDERED:- That Matthew Ford of. Beaverton receive a License on paying £3. instead of £5. It was then moved by Mr. Taylor seconded by Mr. Boyd, and RESOLVED:- That in future no License be issued to any Tavern Keeper who is known to keep a Bowling Alley, Ten P.in Alley, Fives Court, or other place of Resort where gaming is encouraged. RESOLVED:- That no Tavern License be hereafter issued to any :person kee:ping a. shop or store in the same build.ing. ORDERED:- That the two last Resolutions be pub lished in the :isrewspa1)ers before mentioned .. Court adjourned till 4 Hovember next. - 264 - ADJOUm1ED Gm5fERAL QUARTER SESSIOUS Thursday, 4th November, 1841. :Present George T. Dennison, Esquire, Chairman Pro. Tern. John Scarlett, Esquire, J.P~ Adjourned till Thursllay the 11th Instant at 12 O'Clock, a,nd ORDERED:- That the Justioes residing in Toronto and the Townships of York, Etobicoke and Scarboro', and at Thornhill and. Richmond Hill, be summoned to attend. Th'URSD.AX 2 11th NOVL!\JIB1~R 2 1841 .. Present Lucius O'Brien, Esquire, Chatrman Pro .. Tem., George Monro, Esquire, J .. P. Adjourned. till Thursday the 2nd day of December at 12 O'Clock noon; and. the Clerk of the Peace is direoted to summon the 1:vlagistrates of the District generally· to attend. N O T E Page 265. First Paragraph. This is a correct copy of what is in the Book, (p.166), - 265 ..... ADJQURN]ID G~:t1ERAL QUARTER S1~SSIONS Thursday, 2nd Decemb~!, 1841~ Present John William Gamb1e, ];squire, Chairman, 2 .. William Thompson, (12 .. James Paterson, 3. John Scarlett, (13. William R .. l..,a tt ers or.1 : 4. John Lynch, ) (14. Francis Primrose, 5. Frea_erick s. Jarvis,) Es qui-res, (15. Arthur. Carthevr, 6. George T. Dennison, ) (16 .. Larrett Smith, 7. Matthew Cowan, ) Justj_oes. {17. Lucius O'Brien, 8 .. Hector MoQuarrie, ) f18. Charles Soadd.ing, 9. Thomas w. Birchall, ) 19" William Proudfoot,, 10 .. c. Widmer, ) (20. Thomas Fisher, T? IL William c .. Gwynne, ) (2L .L:J • w. Thomson, Moved. by Mr. W. Thomson secona.ea. by l·!lr. Scarlett ,ana. ORDEPi.ED:- That the Township of Etobiocke do no longer form part of the Second. Division Court for the Home Dist1·ict, but that it be annexed to, and form part of, the Second. Division Court of the sai.d District .. OIIDERED:- That the Taxes paid by Captain the Hon .. John Macaulay on Lot ?To .13 in the 3rd Concession of Georgina, in mistake, be returned to that gentleman. The following accounts were then audited and Ordered to be paid:- 1 .. James Francis, for 9 barrels lime for use of Gaol ,£1. 7 .. 2. Messrs. O'Neill, for commission on sale of 2 ,,10., Gaol Lots, .•• 9 • ., •• 3. Dr. Clark, attend.ing Inquest, . ., .• ..15. 4. Dr. Hornbey, attending 2 Inquests,0 0 •• ., 1.10. 5. Dr. King, u 1 Inquest, • .. • • . ..15. 6. Georg~ Walton's account as Coroner, 10. 6. 6 . 7. Thomas ]fisher 1 s " n n • • • .. 10el4. 3 9 8 • .A.rad Smalley' s a/c $ for Servioes as Coroner,., ... 3.11. 9. George Duggan' s a/c. do,. do. • • 6 .10,. 4 10. Arad. Smalley's a/c. for Services as Road Surveyor, 3.15. 11. John Struther's" tr Six Cotton Mattresses,.. 9. 12. Paul Bisho:p' s " n Six Iron Eed.stead.s, • • 13. R. 3tanton's n " Printing Assessment Rolls &c., 9. 7.10 14. Dr. Viidmer 's " " Services at Gaol, • • 12 .lL 3 15 .. William Musson' s a/cs., for Tin-ware and work at Gao1 and Court House, .. .. ,, • • • • 9,,10.10 16. Thomas Foster's a(,c. for Cartage, ...... L 7. 1l 1 17. Charles Rankin's " a Map of the Rome Dist.~ 1. 18. W'illiam J. Coat.es'" " :Printing, &c. • • • • 1.14. 2 19. Rogers & Thompson, PrirJting District accounts,. 14.lL 8 ... 266 .... 20. Rogers & Thompson, for Printing for C .. P.0ffice,£2. 9. 5 2L J .. Far.quharson, for Services as Road Surveyor, 2. 22. Il .. & W., Rowsell, Blank Books, bi.ndi:p.g, &c ••• 3.12.10 Christian Guardian Office, Printing Notices,&c. 3. 3. 4½ 24. Leslie & Sons, (old a/c.) for Stationery, •• 2. 6. 2 25. Tir. Meyers' a/c .. for attending Inquests, ..... 5. 5. 26. Hugh Scobie I s n for Stationery, • • • • • • .. 5. 5 .. 27. The Gaoler's a/cs. for soup and I1isbu:rsements up to 1st December, 1841, • ,...... 28.16 .. l 28. Bowes & Earle's a/o. for Bread furnished the Gaol, ...... 39. 8 .. 3-~· 29 •· John Ri tohey' s a/c .. for work at Gaol a.nd Court House, .. • • ...... ,,, .. 14.10. 4½ 30 .. Charles Scadding,' s a/c. for six Constables at Election, • . . • .. . . • . . • . . 3. 31. The Sheriff's a/~. for ~oney paid for advertising W. Lands, ...... 16. 3. 6 32. The Sheriff's a/c .. for oomreying Prisoners to Peni t enti.a.ry, .. . • ...... 46 .14 .. Paul Bishop, for work at New Gaol, .. .. • • 2 .. 19 .. ORDERED:.... That Thomas CriBl) receive a License to keep an Inn in the Township of West Gwilllmbury on paying £4 .o .O .. Court adjourned till Saturday the 4th Instant at 12 0 1 Clock noon .. - 267 - Saturc~~Y, 4th December_,__ 1841. Present John William Gamble, Esquire, Chairman, Lucius O'Brien, William Proudfoot, F .. Primrose t Esquires, Justices. Robert Stanton, Thomas Fisher, Alexander Wood, The following accounts were taken up, audited ar1d Ordered to be paid out of the District ]unds:- 1. The Sheriff's a/c. for Services, • £106 .. 15. 2. The a/o. of Robert Stevenson for Wood, 48. 0 .. 8 3. The Sheriff's a/c. for money ~aid for refreshments for Jury, • ... . 2.10. 4. Dr. Cottus' a/c. attenc1ing· Inquest, • • .. . • ..15. 5. Dr. William Crew's a/c. for Services at Inquest,3.15 .. 6. John Boxws a/o. for Waggon to convey Prison- ers to Gaol, •...• ~ • .. • . . . 1. 7. Mrs. Dalton's a/c .. for advertising in "The Patriot", .. • • ...... 1.15. 8 8. William J. Coates' for do .. in '1 Starn. • • 3. 4 9 .. Thomas Anderson's a/o. as Constable, • 2. 7. 6 10. Eli Levins' " " " 4. 5. 11. John Biles' n " " • 7,. 6 12. William Ketchum's " n " 5. 5. 8 13. John Jlrank' s a/c.. n " 4.10. 14. George H. Bache's n " " 1.10. 15. John Tomli:nson I s n 11 n L 2. 6 16. John Bell's u " " 3. 2. 6 1 7 • Jesse Doan I s " " n .17. 6 18. Samuel Lindsay 1 s " n n 6 .14. 3 19. Long & Crittende:n's" n n 4. 2. 6 The Sheriff laid a Requisition,for 5 Suits of Men's and 3 Sui ts of Women's clothing for the use of the Gaol, before the Bench, which he was Ordered to provide. 01m1mED :- That the Clerk of the Peace ca.11 Ul;Oll the Gaoler to furnish a statement of all the property belong- ing to the District in the G-a.ol. .A.lso upon the Court House Keeper to ~urnii::ih a like list of the furniture tn the Court House. Adjourned till Saturday next at 12 0 1 Clock. - 268 - _A±?.!I9UimT~D- GENERAL QUARTER SESSIO!TS -· Saturday, 11th December, 1841. Present John William Gamble, Esquire, Chairman, Thomas William Birchall,) Fran-0is Primrose, ) William Proudfoot, ) A.lexander Burnsia.e, ) Esquires, ,.Justices. James McGrath, ) Robert Stanton, ) The Clerk of the Peace's account for services and Disbursements was audited at, 9 •••••• £237.16.,11 James Sever's a/c., for Refreshments furnished Jury-, .12. 6 It was then moved by Mr. Stanton secona.ea. by Mr. McGrath:- THAT with reference to the removal of the Office of the Clerk of the Peace in 1838, from the Court House, then required for the use of the Troops, and its being sul1- sequently returned to the Building when the necessity for its being so occupied ceased, additional trouble having been unavoidably imposed upon Mr. Grant 1 J)eputy Clerk· of the Peace, in the removal and arrangement of the Documents of the Office, there be ·allowed to him the stun of Twenty Pounds as a remuneration for the extra services performed by him upon those occasions. Carried Nem8 Con. Ad·journea till Monday the 20th Instant· at 10 O'Clock A.M. 269 - ADJOURlIBD _-_G:.B:NERAL QUARTER SESSIONS .. Monday.i 20th December, 1841.. Court met pursuant to ad.journment. Present John William Gamble, Esquire, Chairman, Edward W. Thomson,) ( George T. Dennison 1 Francis Boyd, ) ( Robert Stanton, Alexander Burnside} Esquires, ( W. H. Patterson, Benjamin Monger, . ) ( James McGrath, John b'wart- , ) Justices .. ( Thomas Fisher, James Paterson, ) ( Hugh Stewart , William C. Gwynne,) ( William Proudfoot. Several Tavern Licenses were granted. (See Rough Minutes). And adjourned till to-morrow at 10 O'Clock .. - 270 - ADJOURNiill GEN:b~RAL QUARTER~·- SESSIONS Tuesdaz.,__ 21st December, 1~~1~- Present John William Gamble, Esquire, Chairman, Hugh Stewart, ) Edward William Thomson,) Esquires, Justices .. Thomas W. Birchall, ) Francis Boyd, ) Several Tavern and One Beer License to Robert Wolfe were this day granted .. (See Rough :Minutes). Adjourned til.l Thursday 23rd Instant .. - 271 - JiJJJOURNED GE~~AL .. ·_ 1W.ARTER SJ~SSION_~--- Thursda,1_,, 23rd December, 1841. Court met pursuant to adjournment. Present John William Gamble, Esquire, Chairman, Thomas W. Birchall, Hugh Stewart, John Scarlett, Alexander Burnside, Esquires, Justices. William Proudfoot, James Magrath" Lucius O'Brien, James R. Armstrong, Several Licenses were granted. (See Rough Minutes). The following Constables' accounts were au.di tec1 and Ordered to be paid:- Frederick Cheney, •• £.1.15. Calvin Davis, 3. John Earles, 4.10. Moved by Mr. O'Brien seconded by Mr. Proudfoot,and ORDERED:- That the order for the payment of £1.10. to Dennis R. Bradley,dated 26th June 1841, for attendance as a 1\~edical Vii tness at sundry Coroner's Inq_uests be rescinded, the said order not having been paid because the charge is illegal, the said D.R. Bradley not having any qualification as a practitioner of Medicine or Surgery. ORDBRED: That this Court stand. ad.j ourned tin Thursday next the 30th Instant at 11 O'Clock A.M. for the purpose of a fi_nal Audit of Accounts, granting Tavern Licenses, &c., and that as this will be the last Session which will be held prior to the handing over the Public Accounts of the District to the District Council, a general attendance of the Justices be requested, and that all Innkeepers who have not yet ijpplied for their Licenses be required to take Notice, that as this is the last Session that will be held before the 5th January when the Licenses must be taken out., they must send their applica.ti ons t O the Clerk of the Peace before the said 30th December~ .... 2?2 - _ _!.DJOUR:qED_ GE1rnRAL Q.UAR~~!L SEf3SIONS Thursda_L 30th December ,_,1841. Court me·t pursuant to adjournment. Present John William Gamble, Esquire, Chairman, William Proudfoot, (Alexand.er Burnside 11 Connel J. Baldwin, (John Scarlett, Charles Rankin, Esquires, (Hugh Stewart , Robert D. Hamilton, (James R~ Armstrong, Edward W. Thomson, Justices. (Hugh Richardson, Thomas W. Birchall, (Robert Stanton, Thomas Fisher, ( Several Tavern Licensei were Ordered to be granted. (See Rough Minutes). The Court Audit ea. and examined the Treasurer's annual account. A Letter, of which the following is a copy, was read by the Chairman:- Bank of Upper Canada, Toronto, 30th Deoember,1841. "Sir, H The Treasurer of the District has this. day paid £150, for interest due upon your Note for £5,000, dated 3rd December 1840, up to the 31st Instant, being for the half year U:P to that :period, but having una.erstood that by a late Act of the Legislature this debt is recognized as a loan to the District, I beg leave to suggest, that, in order to relieve your name from the responsibility now attached to it as a debtor to this Bank, it may be considered advis able by the Magistrates now in Session for the last time on financial affairs, to order and direct the Treasurer, under authority of said Act, to retire your Note by issuing in lieu thereof a District Debenture for the amount, dated from 31st Instant, and according to the terms of the Act, and as it - 273, - .\DJOURNED G:Bnrnm.A.L QUARTER SESSIONS Thursday, 30th December, 1841, oon'd. would be more convenient for this Bank to receive the amount in eight Debentures of £500, each, and four of £250, the Order might be so shaped, and the said. Debentures be made payable in one, two, and more years, as you may determine. I have the honour to be Sir Your obedient Servant, (Signed) Thomas G. Ridout, J. W. Gamble, Esquire, Cashiera Chairman, Quarter Sessionse Whereupon it was moved by Mr. Stanton seconded by Captain Stewart and ORJ)ERED: - That "The Chairman having read a Letter from the Cashier of the Bank of Upper Canada, dated 30th December 1841, on the subject of the d.ebt of the District due to the Bank:" RESOLVED:- That the Treasurer be d.irected to carry into effect the arrangement proposed by the Cashier of the Bank. Moved by Wa. E. W. Thomson second.ad by Captain Stewart, and ORnEREIJ: - That the Treasurer be al.lowed. to charge at the rate of Two per Cent. UI)On the sum of Fifteen. Hundred. Pounds negotiated by him on account of the Building Committee of the New Gaol. Adjourned till to-morrow at 12 O'Clock noon. - 274 - ADJOURNED GEHBIBAL QU.ARTER SESSIONS Friday, 31st December, 1841~ Present John William Gamble, Esquire, Chairman, William Proudfoot, ) Robert Stanton, ) Alexander Burnside,) Esquires, J.P. Hugh Richardson, ) William Gamble, ) Hugh Stewart, ) The following accounts were audited and Ordere& to be paid:- 1. The Sheriff's account for surrillloning Jury for January Sessions, ...... £6. O. 0 2. The Gaoler's a;c. for Bread and Soup, . • • .. 3.14.10 3. Do. , for Clothing, • • • • • . 9.18. 9 4. Bowes & Earles' a/c. for Bread furnished. for use of Gaol, • • • . • • • • • • ~ 5. 2.10 5. John Ritchey, Carpenter's work at Gaol, .. 4.15 .. 6 .• Alexander Hamilton's, for glazing &c., at New Gao). and Court House, . .. • • .. • .. .. 19. 6., 4~- 7. Hiram Piper, Tin and Iron work, . . . • . 3., 16 .. 8. Arthur Paterson, Surgeon, for attending Inquest, .1.5. 9. John Reid, Constable, • . . 2. 10. Josiah Bennett, Constable, • .. • . • • . 2. 11. Hugh Scobie, Printing, • • . • • • • • • .10. 4 12."Toronto General Advertiser", advertising, .18. 4 13. "Guardian Office", · " • 7. 6 14. Donald Cameron, Constable, • . 8. 5. A Statement having been laid before the Bench, by Mr. George Walton, of the sums received by him on account of Fines for selling Liquor without License, and the sums paid by him to the Deputy Inspector, and disbursed by him for other purposes connected with those prosecutions, it was ORDERED:- That a Cormnittee consisting of Dr. Burnside, Captain Stewart and Mr. Gurnett be appointed to examine the said accounts, and report upon the real state thereof at the next Meeting of the Quarter Sessions. A Petition signed by Robert H. Thornton, Minister, and 72 others, inhabitants of the Township of Whitby, pray ing the Justices to diminish the number of Licensed Inns in - 275 - ADJOURNED GENERAL QUARTER SESSIONS 31st December, 1841, continued. that Township, was re~d. Whereupon it was ORDERED:- That the Clerk of the Peace do write to the Reverend ·R. Ho Thornton, informing him that the Petition Signe~ by himself and others and dated 20th December 1841, was not received until this day, after the Sessions for granting Licenses had ~at, and consequently too late to be acted u~on; that hereafter should the Petitioners make any representation of the kind before the sitting of the Sessions for granting Licenses, the Justices will feel themselves bound to attend to those representations .. That the Petitions (for Taverns)· from Whitby received. d.uring the late Sessions were all signed by the resident Justices of that Township and other Inhabitants, many of them by persons who have signed this Petition against granting Licenses. That no Magistrate from Whitby being present at the Sessions to give information to the Court, the Justices were necessarily guided by the written recommenda~ tions of the Magistrates and Inhabitants resident on the spot, upon whom the blame of Licensing improper :person.s must therefore rest. The Business of the Sessions being now closed John William Gamble. Esquire, formally resigned his office of Chairman of the Quarter Sessions, and the Court adjourned Sine Die. ME~~TINGS OF THE H0r✓.L8~ DISTRICT GENERAL QUARTER SESSIONS OF THE PEACE CITY OF TORONTO In the year 1 8 4 2. - 276 - _G_E_·N_E_R_A_L~_~.;:._~u __r A--R:....:T:.;..; 1 E:;._;R;:....._~~ES SI ONS Tuesday,' 4th January, 1842. The following gentlemen met, viz:- Edward W. Thomson, James R. Armstromg, Esquires, Justices. Alexander Burnside, Mr. Thomson was appointed Chairman Pro. Tern. The Court then opened, but in consequence of this being a day appointed by the Proclamation of the Mayor to be kept as a day of rejoicing in the City, it was adjourned. until to-morrow at 11 O'Clock A.M. .... 277 - GENERAL · ,~UARTER SJ~SSIONS Wednesday, 5th January. 1842. Court met pursuant to adjournment. Present Edward William Thomson, Esquire, Chairman, Arad Smalley, Alexander Burnside, Thomas Fisher, ~squires, Justices. John. Scarlett, James Young, The Clerk of the Peace read the Commission. The Deputy Sheriff returned the Precept. The following gentlemen were sworn in of the Grand Jury:- John Griffith, Foreman. Joseph Blackburn, John Langstaff,. Richard Vandeburg, John Brimskill, Archi"bald Wright, Amos Wright, Thomas Richardson, William Lane, Will:Lam Kisley, John Wright, James Wilkie, Matthew Lymburner, Alexander P.Lawrenoe, Charles C.Lawrence, Alexander MoKechnie, Miles Langstaff, Thomas Harris, Abraham P.Lawrence, Rowland Burr • Swore John Earles, Constable, to attend the Grand Jury. Swore An4rew Ward to go before the Grand Jury in Queen vs Cotter and Others .. Swore Andrew Ward and J. · W.. Gamble, Esquire, to go before Grand Jury in Queen vs Conlisk. Several Tavern Licenses were granted... ·(See Rough Minutes of day). The Grand. Jury came into Court with a nTrue Billn found in The Queen vs Cotter et al, for Assault; and nNo Bill n in Queen vs Conlisk. Court adjourned till 10 O'Clock A.M. to-morrow. - 278 - GENERAL QUART}~R SESSIONS Thursday, 6th January, 1842. Court met ~ursuant to adjournment. Present Edward William Thomson, Esquire, Chairman, Alexander Burnside, Thomas Fisher, Hugh Stewart, John Scarlett, E·squires, Just ices. Hugh Richardson, _.i\.rad Smalley , William E. Paterson, Swore Thomas ]'ugard, George Galloway, Jeremiah Kidder, and Peter Hamlin, to go before the ~rand Jury in the Queen vs John Galloway, for a Nuisance. The Queen ) Defendants on being arraigned vs ) pleacled Guilty. Roger Cotter, John Cotter,) Sentence, each to :pay a fine of and George Cotter, ) 1/- and Costs. Swore George Baker to go.before the Grand Jury in the Queen vs John Earley, for Assault; nTrue Bill" founa.• Also Presentment brought in against John Galloway for a 1~uisance,. And a "True Bill" foun.d against Wells and others, for a Riot .. The Queen Riot. Defendants arraigned vs and Pleaded nNot Guilty". Charles Well"s., Thomas Spiers,) The fo11owing Jury was· · and. Samuel Howden, ) s~orn to try the issueo- John Mosley, trilliam Watson, Jacob Munsha.w, Archibald Galver, William Cook, Robert Carlisle, Robert Wiles, Robert Arnold, George Dove, William Pexton, William Thompson, William Gamble. Pro. Witnesses Con. W'illiam McDona, James Spiers. Vera_ict ;_ "Guil tyn against all Defendants. Sentence; Charles '&'ells to pay a fine of Two Pounds and the other Defendants One Pound each, together with costs of Court., and remain impr:isoned till paid.• - 279 - GENERA.L QUARTER SESSIONS 6th J,anuari..L._1842-,_ contirmea ._ Ludwick Kribs appeared and was recognized as a Minister of the Congregatfonal Society, and having taken Oath of Allegiance, received. Certifica.te according to Law. The Grand Jury brought in "True Billn against Charles Fox et al, Assault &c. Regina ) vs ) Defendant on bej_ng arraigned plead.ed "Guiltyn. John Earley, ) 'Sente:nce; to be imprtsoned Three Calendar months, pay costs of Court, and to be further imprisoned till costs are paicL Regina ) Parties failing to ap vs ) pear; Acquilla Ben.nett Peter Bennett, Acquilla Bennett ) the Elder and Noah Gager the Younger, a..nd William Mitchell,) (Sureties for their appearance) were called upon their Recognizance to bring forth the boclies of the said Defendants, a.nd failing to do so the Court ordered the Recognizances of all the parties to be estreated. Four Tavern Licenses ordered. to issue. Court ad.journed till 10 O' Cloak A.M. to-morrow. - 280 - GENERAL _Q,UARTim S:ElSSIONS------•-•C'" ... ,.. - li'rid[~ 7th January, 1842. Court met pursuant to adjournment. Present Edward_ WiJ.liam Thomson, Esquire, Chairman, John Scarlett, ) Willie.m Proudfoot,) Esquires, Justices., Thomas Fisher, ) Hugh Richa.ra.son, ) Regina ) Assault, with Intent to Kill.· vs ) Charles Fox, Stephen Fox,) Plea "Not Guilty". and Oliver Prentice, ) The following Jurors were sworn to try the issue .. - Joseph Milburn, William Cook, Luke A:p1:ileton, James l:1ewton, Bolser Munshayr, John Meake, Robert Carlisle, Robert Trench, Thomas Morgan, George 11ove, \Yilliam Munshaw, John Mosley, V'li tnesses Pro. J?eter Mcvean, John McVean, and William Higgins. Verd.ic!.i "Guilty of Common Assault". Sentence; Charles Fox to pay a fine of Two Pounds ten shillings and the Costs .. Stephen Fox and Oliver Pren- tice to pay a fine of One Pound each and Costs, and to be imprisoned until fines and Costs are paid. Peter :McVean then swore the Peace against the saicL Charles and SterJhen Fox, upon which the Court ord.ered them to find Sureties to keep the Peace, a.nd to be further-im prisoned until such sureties are entered into. Regina ) vs ) Laroeny. Prisoner arraigned and Pleaded George W.ightman,) "Not Guiltyn. The following Jurors sworn to try Prisoner;- - 281 - _g~~ERA.L QUARTER SESSIONS 7th January, 1842, o on_tJEued ... Jury._ Joseph Milburn, William Cook, Luke Appleton, James Newton, Aaron Munshaw, Jonathan Jefferson, Robert Carlisle, Robert Wiles, Thomas Morgan, George Revell, William Pexton, Richard Tedford. Witnesses:- John Bell and Robert Blythe. "Not Guilty". Regina ) The Grand Jury brought in a "True Bill" vs ) and a Presentment on state of Gaol and William Conlisk,) Lunatic Asylum. Conlisk was ordered to be admitted to bail, him self £50 .. and two Sureties in £25. each, to take his trial at the next Assizes, and to stand committed until bail :put in .. Regina ) Larceny. ora.ered to be traversed till the vs ) next General Quarter Sessions. John Storey John Storey,) gave Sureties to appear and take his trial - and William Cook entered into Recognizance to prosecute and give evidence. Regina ) Larceny. No witness appearing, Prisoner vs ) was d.ie;charged by Proclamation. John Williams,} Court adjourned till Tuesday the 1st day of February next at 12 O'Clock Noon. - 282 - ADJO~BNED GENERAL QV~~~TER SE~§ION§_ Tuesda.~:.,_ 1st :B'epru.ary t_ 1842. The Court met pursuant to adjournment. Present John Powell, Esquire, Chairman, Charles Scadding, ) John Scarlett, ) John Lynch, ) Alexander Burnside,) James Young, ) Esquires, Justices. Thomas Fisher, ) ) James Magrath 9 James R. Armstrong,) William Gamble, ) Larratt Smith, ) ORDERED:- That the License issued to John Clark of the Township of Vaughan ( deceased.) be transferred to Susan Clark, his widow, at the request of the Executors of said. John Clark. Several Tavern Licenses ordered to issueo (See Rou.gh Minutes). Adjourned till Tuesday 1st March at noon. - 283 - ADJOURNED GJNERAL ~inL-4.RTER SESSIONS---_..., __ ,_ Tuesda:z.,_~~----~---- March.., ______1842. _ The Court met pursuant to adjournment. Present John Powell, Esquire, Chairman, John W. Gamble, George T. Dennison, Thomas Fisher, Alexander :Surnsid.e, Esquires, Justices. John S~arlett, James Young, William Birdsall, Read a R·equisi tion from the Gaoler for two wood saws, a g_uanti ty of Straw for beds, one soup dipper, and. a file to sharpen saws. ORDERED. YEAS. NAYS. Messrs. Gamble, Dennison, Mr. Scarlett, - l Fisher and Burnside, - 4 Four Tavern Licenses ora_erea. to issue. ( See Rough Minutes). ORDERED:- That the License granted to Thomas Rogers be transferred to John Kennedy$ The Reverend John 3/IcMurchy, Minister of the Church of Sootlan.d for West Gwillimbury, was Ordered to receive the usual License to solemnize Marriages, &o .. The Chairman having submitted to the Bench a Requisition from Mr .. Kidd, the Gaoler, for certain articles necessary for the use of the Gaol; ancL it having been objected by one of the Justices present, that the late Statute establishing the i~nicipal Councils, all matters connected with any expencli ture incurrea_ in the administra- +vion · o f J us~1ce..... are placed under the control of that Body, ..... 28.4 - .ADJOURNE:Q __ GpHERU.J Q.UARTER SESSJOI~_§_ 1st Maroh, 184~ 0011tin~ and that all accom1ts a.re to be submitted to an.cl approved by the District Auditors previous to payment, and that, therefore, in ordering the before mentioned articles, the Justices would be exceeding their authority and interfering in matters that (properly) by the Statute fall within the province of the Council; be it therefore ORDJ:ilRED:- That for the guidance of the Justices in the proper die.charge of their duty the Chairman be rE1- quested to apply for the Attorney General's opinion as to how far matters connectec1 with the District funds, hitherto under the direction of the Justices in Session, have by the 4 & 5, Victoria, Chap .. 10, been transferred. to the Council.. Court adjourned till Tuesday 15th March 1842 at 12 O'Clock Noon. - 285 - ADJOURNEl) GENERAL-·-- (WAR~PER YESSIONS Tuesd~.,_ 15th MarcEJ_)W:l-2 .,_ Court met pursuant to adjournment. Present John Powell, Esquire, Chairman, Four Tavern Licenses ordered to issue. (See Rough Minutes). Adjourned Sine Die. - 286 ..... _gJLNERAL QU.:a..f2;F,R .... SESSIONS Tue~q_~y-, 6th April, 1842. Present John Powell, Esquire, Chairman, John William Gamble,) Edward W. Thomson, ) Esquires, Justices. John Scarlett, ) The Clerk of the Peace read the Commission. The Sheriff returned the Precept. The following persons sworn of the Grand Jury. Thomas Cosford, Foreman, Henry Mosley, James Forsyth, John Linfoot 9 John Davison, Richard. Maohell, John Hutchinson, Philip Lyne, James Graham, James Barry, Mordecai Millard, William Doan, Aaron Playter, J oser>h Collins, Levi.Parsons, George Vernon Robert Culverwell, William Graham. The Queen ) Larceny. Defendant being arraigned pleaded vs ) "Not Guil tyn. The foll owing Jury was John Storey,) empaneled. to try Indictment. Peter Graham, Robert Gordon, Jacob Wells, Timothy Dawson, J)aniel McLeod, John Garbutt, David Watson, Jonathan Bear, William Wells, David McDougall, Abraham Tunkey, Matthew Mitchell .. Pro .. Witnesses Con. William Cook, Charlotte Storey, William Crookshank Esq., Eliza Storey, and and. William Myers .. Peter Storey. Verdict; "Not Guil tyn .. The Queen ) vs ) Assault. Withdrawn by consent of the Alexander Brockt} Court. Swore Phineas Ames and Naham Larnard to go before the Grand Jury to prefer a charge against Franklin Kellog and Others for a Riot. Adjourned till to-morrow at Noon. - 287 - Court met pursuant to adjournment. Present John Powell, Esquire, Chairman, Thomas Fisher, Esquire, J.P. The Grand Jury brought in a Presentment against Ira Kellog, Frank1.in Kellog and Daniel VJinters for a Riot. Bench Warrant ordered to issue. Phineas Ames and Na.ham Larnard entered into Recognizance to.appear and prosecute at next Quarter Set1sions~ Swore John Stoughton :Dennis, I~dwar(l C. Scarlett, and James Stubbs, to go before Grand Jury, Queen vs William Keating, Misdemeanor. The Grand Jury brought in a "True Billn against Keating. Bench Warrant ord_ered to issue. Dennis, Scarlett a.nd Stubbs entered into Recognizance to appear and prosecute at next Ses~ions. The Queen vs Assault .. Withdrawn by consent of Court .. John :H'ralick, Court adj ournea_ till noon to-morrovv. - 288 - GEN~~L QUARTRR S1':ssrons Thursday, 7th April_:~, 1842. Court met pure11ant to adjournment. :.Present John Powell, Esquire, Chairma.n, James Young, Esquire. J.P. Court adjourned for want of a Quorum until Eleven A.. M. to-morrow. - 289 - G.ENERAL Q,UARTEH SESSIONS Court met pursuant to adjournment. Present 1 Edward 1~r. Thomson, Esquire, Chairman, J?ro. •Tem .. Connel J. Baldwin, ) Alexander Burnside,) Esquires, Justices. Thomas Fisher,. ) The Case of George T .. Dennison, Esq., vs Commis sioners of Turnpike Trust, for a claim for remuneration for damage alleged to be done t~ Claimant's Prope!ty on Yonge Street, under Prov .. S_tat. 4 &~ 5, Vic. Chap. 63, was called .. Proof of Notice 6f Action to the Commissioners was :put in. The following Jury was empaneled:- Jacob Wells, David Watson, Josiah James, Vlllliam 1Nells, Abr~i.ham Tunkey, Matthew Mitchell, John 1:7ilson, Joseph Runt, · .William Harman. ·Timothy Daws on, Matthew Wilson, Edward Clock .. Witnes~es called on part o.f Clai~ant, Geoi--ge T. Dennison:- George Jackson, . John Watson, James Cane, Andrew McGlashan, Richara_ Brooke, and Alexander IvlcGlashan. On the part of the Commissioners:-· . Jesse :t;etchum, :Cu.no.an_ :McCagne, James Hughes, · and. Robert·Linn .. Verdict:- lfor Complainant an_d £275. t,l.amages .. · John,~. Gamble and Ge~rge T.De~nison,Esqs~~~ere,enteJ the Meeting~ ORDERL~D: - That in consequence or the reply re ceived. from Mr. Ho.pkirk sta.ting that His Excellency the Governor General -d.id not deem the case, submj_tted for the o~inion •f the.Attorney General, respecting the D}strict fund,s, one in which the Government could properly requ_ire an Official opinion to be furnished. It is necessary for GrnWERAI.1 QUARTER SESSIONS 8th April, 1842, continued. the guidance of the Justices in the proper discharge of their duty, that a legal opinion should be o·btained from the Attorney General. It be RESOLVED:- That the Chairman be directed to enclose him a copy of the Resolution on the matter passed at the ad.journed Sessions of the 1st March last, and that the Treasurer do pay him Five Pounds to enclose as a fee therewith .. Carried Nem. Con. The Reverend Alexander Hemsley, of the .African Episcopal Methodist Church, applied and was granted the usual certificate authorizing him to· solemnize Matrimony &c., on taking Oath of Allegiance. Several Inn Licenses ordered. to iG.sue. ( See Rough Minutes) .. Adjourned till 12 O'Clock· noon of Thursd.ay the 21st Instant .. ..,. 291 - GENERAL QUARTER SESSIONS Thu_!sday, 21st A-pril, 1842. Court met pursuant to adjournment. :Present E. VI'. Thomson, Esquire, Chairman, Pro. Tem. Robert Stanton,) F. S. Jarvis, ) Esqutres, Justices .. Adjourned till 12 O'Clock tomorrow. FRIDAY, 22nd APRIL, 1842. Present E.W .. Thomson, Esquire, Chairman Pro. Tem. Lucius O'Brien, Esquire, ,Justice. Adjourned till Thursa_ay the 28th Instant at 12 O'Clock noon. TIDJRSDAY,_~?th APRIL, 1842. Present John Powell, Esquire, Chairman, William ~hompson,) E. W. Thoms on, ) Esquires, Justices. Adjourned until Thursd.ay the 5th May at 12 O'Clock noon. - 292 - ADJOURNED ~EKEIL.1\.1 QUART.BlR SESSIOUS Thurs day , 5th rvlay, . 1842 .. Court met pursuant to adjournment. Present John Powell, Esquire, Chainnan, Edward~ .. Thomson, ) VHlliam R. ratterson,) Connel J. Baldwin, ) cJames Paterson, ) Esquires, Justices. John Scar1ett, ) Alexander Burnside, ) James R. Armstrong, ) Several Tavern Licenses were orclered. to issue. (See Rough Minutes). It aIJpearing, by the Oath of John Jf'ranks, that John MacDonald, Assessor for the Township of Vaughan, was dead. It was OBDERI~D: - That Neil McEachern, the Collect or of said Town.ship, be appointed Assessor for the Current year in his stead. Adjourned till Thursday 26th May instant. - 293 - ADJOURr.lE~ G:r.:T-?HA\ QUA.RT;_;.r;_ S.KSSION2, Thursd.ay, 26th May, 1842 .. Court met pursuant to aajournment. Present William Proudfoot, Esquire, Chairman Pro.Tern., Lucius O'Brien,) James Young, ) Esquires, Justices. The Tavern License granted to John Clark, sub now sequently transferred to his wid.ow ( Susan Clark} was Ordered to be transferred to Nelson Robinson~ The_License granted to Hope McNiven of Scarboro', was Ordered to be transferred to Philip Hoskin. ORDERED: - That the Sess ior1 do stand adjourned Clerk till Thursday next the 2nd June at noon, and that the of the Peace do notify the Justices residing in the City o:f: Toronto, Township of York and. adjoining Townships of the said adjourned Sessions and requesting their attendance at the same. - 294 .... ADJOURtTED G:B;~ERAL (~UARTErn S]~8SIOlrn Thursday, 2nd June, 1842. Court met pursuant to adjournment~ Present John Powell, Esquire, Chairman, William C. Gwynne, ) Edward W. Thomson, George T. Dennison,) Thomas W. Birchall, John Scarlett, ) Esquires, Hugh Stewart, John W. Gamble, ) Justices. Francis Boyd, .Alexander Burnside,) Christopher Widmer, Larratt Smith, ) The Clerk of the Peace read the opinion of the Attorney General on the question submitted to him by Order of Session of 8th April last, when it was ORDERED:- That the Clerk of the Peace do cause the same to be published for the public information, free of expense. It was then moved. by Mr. Scarlett second.ed. by Mr .. Gamble - RESOLVED:- That with a view to improve the respectability of the Innkeepers and the accorru~odation which their houses should afford to the travelling communi.t~r it is desirable that some understanding of the Bench of Justices should exist as to the propriety of reducing the number of houses now Licensed, that those interested in ob~ taining Licenses for the coming year may take notice and govern themselves accordingly. It be ORDERED: -- That, for the future, no License for keeping a Public House will be renewed as a matter of course, nor unless they shall have accommodations of a superior description, and an unquestionable character for sobriety and. general good conduct, and that when two or more applications are made for licensing houses in the same vicinity, a preference will invariably be given to those - 295 - ADJOURT:TED GElU~RAL QUARTER ---~~ssrmm Thursday, 2nd June, 1842. possessing the best character and accommodations.. And no application for Licensing new houses will be entertained unless it shall be clearly shewnt to the satisfaction of the Justices, not only that the applicant is a fit and proper person to keep a public house, has sufficient accom modation for that :purpose. but that also a necessity does positively exist for a Tavern in that situation. ORDERED:- That the foregoing be printed in the several newspapers of the City once a month for the next six months. Adjourned till Thursday the 16th Instant at noon. - 296 - lu)JOURNETI GEmmAL QUARTER 3ESSIONS Thursday, 16th June, 1842. Court met pursuant to adjournment. Pre~ent John P'oW~ll, Esquire, Chairman, John W. Gamble, ) Edward W. Thomson, John Sc?,rlett, ) :Benjamin Thorne, William Parsons, ) Esquires, Lucius O'Brien:, Simon Lee, . ) Francis Primrose, Thomas W. Birchall,) ,Just lo es. Thomas Fisher, Richard C. Gapper~ ) Lar·ratt Smith, Edward G. O'Brien,·) James Young, Certificate for License granted to Finan :McDonald, Beaverton, fees £3. The Chairman laid before the Bench a. letter ad dressed to him by Lucius O'Brien, Esquire, volunteering his services as sitting District Magistrate. W11ereupon it was moved. by Mr. Gamble secona_ed by Mr. Thci"rne, THAT in consequence of the difficulties that have already arisen from the want of a sitting Magistrate for the Home District, and the loss that has accrued to the several Townships from the manner in which Summary Convic tions before Justices have been carried into effect, the proposition of Lucius O'Brien, Esquire, contained in his letter of this day, ad.dressed. to the Chairman, and now submitted to th~ Bench, be approved of, and that he be con sidered the sitting Magistrate; and further that the High Bailiff and Deputy Inspector be directed for the future to lay all informations before him in era.er to their :proper adjudication. Carried Nem. Con. The Committee appointed to enquire into Mr. Wal ton's accounts of Jnnes, &c., brought in ,the following report. - 297 - ADJOURNED GENERAL QUARTER SESSIONS 16th June, 1842, continued. ttThe Committee appointed at the Adjourned. General Quarter Sessions, hela_ on the 31st December, 1841, to enquire into the accounts of Mr. Walton, Police Clerk to the Magistrates of the Home Distrfot, so far as those accounts. relate to prosecutions instituted before the clif ferent Justices und.er the Provincial Statute 3rd., Victoria, Chap. 20, to the sums of money received.· by Mr.· ·wal to:n on account of such prosecut::lons, and to the manner in vr1hich such sums of money hav~ been disposed of, or are accounted for, by him, beg leave to report:- THAT they have examined into the saiot accounts as exhibited by Mr. Walton and admitted to be correct by Mr. James :Bell, the Deputy Ins:peotor of Licenses for the Rome District, and. they find up to the 1st January, 1842: - The total amount of complaints lod.ged in the Police Office, under said Statrite, ana for distilling Spirituous Liquors without License is 113 That of these there have been convicted, 93 Dismissed for want of Evidence, 20 113 That of the :part-i.es convicted there have paid the fines inflicted in full, 54 Paid in part ditto .. , .. ., 6 " Executions not returned, 17 n " returned Nulla Bona., ' 12 Recommended. to be remitted, 3 Not accounted for, ...... 1 93 That the said Mr.Walton has received from the 54 parties who have paid their f1.nes in full, o • • .. • .. • • • • .. • £274. o .. 0 Ditto .. on a/c .. of the 6 persons who have paid their fines in part .. (Over and above th·e Costs of same), ...... " .,, .. • • • • 20. 6,. 8 £294. 6. 8 - 298 - ADJOURYf~l) GENERAL (~UARTLR_ SESqons 16th June, ~§42, continued. Brought forward, £294. 6., 8 That the said~ Mr .. Vial ton has pa.id to Mr. James Bell, as !)er Vouchers and admission of Mr. Bell, •••.•• £185.17. o That he ha:::-: :Paicl Costs on account of 20 Informations dismissed for want of proof, • ...... 30~16. 6 Ditto. on a/c. of the 12 cases returned Nulla Bona, . • • . . .. • 26. 4. 6 Ditto. on a/o. of 17 c~ses, Executions not yet returned, •. • • • • . • • 36.16. 9 Ditto. on a/c. of one Conviction in which the Fine Wa$ remittea., .. .. • 2. 2. _9 £281.17 ~ ~- 6 _"' _ Leaving a balance in the hands of Mr.Walton of £12. 9. 2 All which is respectfully submitted, (Signed) George Gurnett, Chairman, n Alexander Burnside. n Wnich report having been received. and read, it was thereupon moved. by Mr. Gamble seconded by Mr .. :E. Yi. Thomson; TEAT as it appears from the report of the Commi tteE that the total amount of monies received by Mr. ¼alton for fines, between 1st August 1840 and 31st December 184lj is, £294 .. 6.8 Out of which he has paicl the following sums without authority; viz.t To James Bell, Deputy Inspector, . £38 .13. 8 For Costs on 20 Informations dismissed_ for want of proof, . . • • ...... • • .. . " .. 30.16 .. 6 For Costs on a/c. of 12 Cases returned Nulla Bo,na, • . .. .. • • . • • .. . • . • 26. 4. 6 For Costs on a/c. of 17 Gases, Executions not yet returned, ...... 36.16 .. 9 ],or Cost on a/c. of one Case on whic.h Fine on1i tte Makes a total of, . • .. £147. 3. 4 Which by Statute is applicable to the· following purvoses. ... 299 ..... ADJOURIU:m GEKillRAL ~iUARTER SESSI(}L-;"S 16th June, 1842, continued. To the General Revenues of the Province, . £16 .10. To im~rovement of ?ublic Highways in the Township of York, .. 15. Do. do.. King, . 12.10. Do., d.o.. Whitchurch,. . . 8.15. Do. do. Toronto, ~ . 10 .. • • Do.. do. Markham 11 11. 5. Do.. do. Pickering, • 4-.15 .. Do. do . Whitby, . • • .. 15. Do. do., West Gwillimbury, 3.10. Do. do. Vaughan, .. .. • .. 17.10 .. · Do. a.o.. Etobicoke, .... 10. Do. do. Gore of Toronto, .. 10 .. Do. do. Chinguacousy,. ~ 5. Do. do. Scarborough, . . 3 .15 .. Do. do.. East GwUl imbury, . .. 2 .. 10. Do. do. Tecumseth, • . .. __l_. __ _ £~137. 0. 0 One..;.half of £20. 6 .8, received on a/c .. of Executions not yet returned and the moiety of which cannot be apportioned, .. 10 .. 3. 4 f'.147. 3 .. 4 AND That it be ORDERKD thereupon, that Mr. Walton be called upon as having received the money to pay the sum of £16 .10 .. to the Receiver General and the sums due to the Townships,as above stated, to their respective Township Clerks forthwith; and to make a report of all executions not yet returned to the next ensuing General Quarter Ses- sions. ORJ)ERED: - That the Report of the Cammi ttee and the Ord.er -of Sessions made thereon be published in the nPatriot" and rrcolonistn Newspapers, for the Public in formation. Adjourned Sine Die. - 300 .... GElT.B~RA.L (~U:U~T1LR SES3 IOl!S Tuesday, 5th July, 1842. Present John Powell, Esquire, Chairman, Lucius O':Brien, Alexander Burnside, Esquires, Justicese John Scarlett, Opened the Court and - Adjourned till 10 O'Clock A.M~ to-morrow. - 301 - GE11ERAL QUART:F.m SESSIONS Wednesday, 6th July, 1842. Court met pursuant to adj our nm en t . Present John Powell, Esquire, Chairman, Francis Osborne, ) Th01nas Mossington, ) Esquires, Justices. Alexander Burnside,) Thomas 1n sher , ) The Clerk of the· Peace read. the Comr::dssion .. The following persorts were sworn of the Grand Jury. John Hyfield, ~..,oreman, Asher Wilson, William Marr, Henry :Majors·, Samuel Smith, Obadiah Brand, Myron Bentley, Benjamin lv.Iarr, Levins Churchill, Uriah Yonge, James Demerisk, ·senjamin Clarke, Richard Grimson, John Craig, Alexander Dunlop, George Valentine, George Lawrence, Thomas Splatt. The Chairman delivered his charge to the Grand Jury. Notices under the Heir and Devisee Act proclaimed. John Watkins sworn as Bailiff to attend Grand Jury .. Swore George Balfour, John Burns, and Henry Berry to go before the Grand Jury in. the case of the Queen vs Cornelius McCarthy. Grand Jury brought in "True Bill" in this case. Swore Walter Chaffee and Robert Wilcoxon to go before the Grand Jury in the Queen vs William Mulloy for Larceny. John Carey and Ira Van Volkenburgh by their Counsel, George Duggan Jun.,Esq., applied to the Co~rt to empanel a Jury to assess damages against the Commissioners of the Turnpike Trust for injury done his farm in making a ,.... 302 - GENERAL QUARTER SJ!~SSIONS 6th July, 1842, continued. Road through under Statutes 4 & 5, Victoria, Chapter 63, which, on application of Counsel for Defendants, was post poned till next Quarter Sessions. Tavern License was ordered to issue to George Beck.with of Toronto on paying £7.10. The Grand Jury brought in nNo Bill" against William Mulloy .. The ~ueen ) Misdemeanor. vs ) Defendant was arraigned and pleaded William Keating,) "Not Guilty". The following Jury was then sworn:- Hiram Wood.ruff, Thomas Stephenson, Hervey Woodruff, Colin. Beaton, Caspar Wilson, Jacob Da.fo.e, Andrew Smart, Thomas Craig, Nathaniel Hastings, Matthew Devett, Aaron Allright, Thomas Redman. Pro. Witnesses. John Stoughton,Dennis, Edward C. Scarlett, Jamee Stubbs. Verdict: "Not Guilty". The .Public accounts were taken up but not pro ceeded with for want of a Quorum& Court adjourned till 10 O'Clock A. M. to-morrow. .... 303 - GENERAL QUARTElR SESSIONS Thursd~~, 7th J~, 1842. Court met ~ursuant to adjournment. Present John Powell, Esquire, Chairman, Alexander Burnside, Bsquire, J .l;I. The Grand. Jury brought in a "True Billn against James Mcconkey for.Larceny. Bench Warrant ordered to issue. Swore Mary Ann Tebow, Mary Dority, James Dority, Joseph Deolow, to go before the Grand Jury in "Queen vs Charles Dorityn. r'True Bill" found .. Ruth Coleman appeared in Court and was recognized as the daughter of the late Thomas :Miller of' St .. Davids in the Niagara District, an U.E.Loyalist, and received the usual Certificates. Adjourned till 10 A.M .. to-morrow. .... 304 - GENERA.L ~UARr_ER SESSIOl'.rs Friday, 8th July, 1842* Present John Powell, .Esquire, Chairman, Edward W.. Thomson, ) Alexander Burnside,) Esquires, Justices. The Grand Jury brought in presentment on State of Gaol. Queen ) Misdemeanor. Arraigned.. Pleaded "Uot vs ) Guilty". On application of Defendant Charles Dority,) trial was put off on payment of Costs. James Dority entered into Recognizance for Mary Dority and Mary Ann Tebow to appear and give evidence next Sessions against Charles Dority; £20& penalty. The Queen } vs ) Assault. Plea "Not Guiltyn. Cornelius McCarty,) _Jury William Hagarman, Matthew Smith, James McMurray, William Bryce, Joseph Matthews, Robert Gibson, George Day, Chauncey Reynolds, Robert Betts, Samuel Somerville, Samuel Irving, Jehiah Churchill. Pro. Witnesses Con .. John Burns, Timothy McCarty, George Bal four, Patrick Baughey, Levi. Hines. Verdict: "Guilty". to' pay a fine of £5 .. and. Costs and l)e imprisoned till paid... In the case of the Queen vs Ira K_ellog; :B1 ranklin Kellog, and Daniel Winters, for Riot and Assault, on appli cation of Defendant I s Counsel, J)efendants ordered to be tried separately, they having pleaded nNot Guilty"e Ira Kellog was first put on his trial. Jury Michael Brooks, Hiram Woodruff, Edward MaCoulan, Hervey Woodruff, Joshua Sharrard, Caspar Wilson, William Sharrard, Andrew Smart, James Milleny, Aaron Albright, Thomas Varden, Thomas Stephenson. - 305 - GEN]IBAL QUARTBR SESSimrn 8th July, 1842~ continued. Witnesses. Phineas Ames, Nahum Larnard~ Verdict: "Not Guilty". Daniel Winters was then put on his trial~ Jury Calvin Beaton, Thomas Craig, Samuel Irving, William Hagarman, William Bryce, George Day, Chauncey Reynold.a, Matthew Devitt, James Mc:M:urray, Jacob Dafoe, Thomas Redman, Samuel Somerville. Witness: Phineas Ames. Verdict: nNot Guilty" .. Frankin Kellog was then placed on his trial. The same Jury was sworn to try issue. Pro. Witnesses Con. Phineas Ames, Daniel Winters, Nahum Larnard .. Ira Kellog. Verdict: "Not Guilty". Adjourned till to-morrow at 4 O'Clock P.M. - 306 - _ GEUE~~~ QUARTER SESSIONS Saturday, 9th Juq, 184~ Court met pursuant to adjournment. Present John Powell, Esquire, Chairman, Alexander Burnside,) Lucius O'Brien, ) Esquires, Justices. William James, Francis Sadler and William Smithers were oalled on their Recognizanoe to come forward. and prosecute Thomas Dixon, but did not appear. Thomas Dixon was then discharged by Proclamation. U:pon the representation of the Clerk of the Peace that the persons whose names follow, to wit:- Henry Bryce, Sprain, William Allen, Thomas Sherrard, David Brand, William John McKenrick, Edward Sanders, George Baines and Nathaniel Hastings, who were returned on the Panel of Petit Jurors, during had either not appeared. anct answered to their names it, the Session, o~ having appeared in the early .part of had departed without leave of the Courtt and ir. Robert the Beard, the Deputy Sheriff, being sworn, testified that tTurors sa.ld parties had been du1y summoned to attend as Petit said Henry at said Sessions:- The Court ORDERED that the William Bryce, William Allen, Thomas Sherrard, Davitt Brand; and Sprain, John McKenclrick, Edwar~. Sanders, George Baines, Pounds lfathaniel Hastings, should be fined the sum of Two each .. ORDERED: That John Bright be appointed Crier of the Court of Quarter Sessions in room of Lewis Bright resigned. Court adjourned till Thursday the 14th July In stant at 12 O'Clock noone - 307 - ADJOURNED GENERA~-~1I_~RTER SESSIONS Thursd~l, 14th Juq_,. 184~ Court met pursuant to adjournment. Present Pro .Tem., William Proudfoot, Esquire, Chairman Thomas W. Birchall) Simon Lee, ') Justices. John Ewart, ) Esquires, Larratt Smith, ) Lucius O'Brien, ) Alexander Burnside,) were taken up, The following District accounts audited, and. ordered to be paid. No. to 1. The Gaoler's a/o. for Soup up 31st March, 1842, £17. 7. 0 for Disbursements, do •..•• 3.17. 2 2. do. • • . 32.lL l & Earlesv, for Bread, do., 3. Bowes attendance 4. Dr. Widmer's a/c. for Medical Gaol, • • . • . •• 10. 3. 9 at as 5. George Duggan's a/c. for services Coroner, 19. 8 .. " do. do., 10.11. 3 6. George Walton's 5 1 s n do • do • , .. 8 .14. 7 .. Thomas Ei sher' 4.15 .. 6 Osborne's a/c. do. do~ .• 8. Francis at Gaol and 9. Robert Stevenson's" for Wood Court House , • 167.17. 0 s " for Work at Gaol, 14 .. 15. 71 10. William ·Musson' as Con- 11. Thomas Smith's a/o. for services stable, .. . . 2. 9 .. 10 do. d.o. • ... 2. 2 .. 6 12 .. Peter Thompson's n " do. do., .. 2.12. 6 13. George Taylor's as William Simpson's a/c. for Services 14. Coroner, ... 1.11. 5 Services as 15. llonald :Mc Callum• s n for Constable, .. 3. 8. a/c. for Soa:p for Gaol,. 1.10. 16 .. John Leak's Water to Thomas Foster's a/c@ for Hauling 17. Gaol, .. . • . • LL a/c .. for Camphine Oil 18. John S. Carswell's .. 3 for u.se of Gaol t 1..11 at Inquest and. Post 19. Dr. J. Reid., attending 3 .. Mortem examination, ...... 15 . C. J. Rob:tnson, attending Inquest, 20. Dr. Chimneyt.i, • .. 14 .. .. Thomas Knowlton, S\vee:ping Gaol 21 Inquest, . . .. .• .15 .. 22. Dr. Eornbey, attending 8 for linen for use of Gaol,1 1.16. 23. William Wylie, June, • 20 .12. 9 & Earles, for Bread up to 30 24. Bowes advice, • 2. 6. 8 25. Eenry Sherwood, for Professional and Disbursements to 26. The Gaoler, for Soup 2 30th June, . . . . 14.18. for money paid for Black- 27. John Ritchey, • 5.10.10 smith work at Gaol, • • • • - 308 - .A])JOURHE:D GE1TERAL QUAR~LH SESSIOT:TS 14th Ju½7..,_ 1842, continue a... The Gaoler sent 1.n a requisition for Straw for use of Gaol; also repairs to tubs, &c. Ord.ered accord- ingly. Court acLjourned till Wedn.esday the 20th Instant at 12 O'Clock Noon. - 309 - _!PJOU]t!T_!m GENERAL q,UART-~:.:R __ ~ ~ESSICrnS Wednesday, the 20th Jul;L__}.842 •·- Court met pursuant to adjournment. Present Edward William Thomson, Esquire, Chairman Fro.Tern., Bdward. G. 0 'Brien. } James R. Armstrong,) Esquires, Justices. Court adjourned for want of a Quorum u:ntll Friday the 29th Instant at noon. - 310 - ADJOURNED _ G~E~RAJ,_ ~~~I\.Rq;ER ~rn~:~SIONS _ _!ria~~..k._?~ji}l~_-luly '~:§1.?~- Court met pursuant to adjournment. Present Edward W. Thomson, :&1squire, Chairman, Pro .Tem., John hwart , ) Lucius O'Brien,) Esquires, Justices. The License of' Chauncey Ste11hens of Markham ordered to be transferred to J. W. Crosby. The License of James Chard of Whi tchu.rch orderea_ to be transferred to Chauncey Stephens .. Certificate for Tavern License orderea to issue to Daniel O'Boyle, Whitby, £3~0$0e The following persons were appointed. as Constal;lEJS for the ensuing year:- William Higgins, High Bailiff. TOWNSHIP OF YORK. Ml.. RKHAM TP. GEORG nrA _TJ? • John Watkins, Francis I)alby, John Comer, Calvin Davis, ]' .Keller the Samuel Park. Thor;1as Goulden, Younger, James Bell, William Ketchum, Thomas Metcalfe, J.W.Crosby .. John Earles. William Read, VAUGH.AB~ Hiram Moore. WHITBY. Thomas McAdams, ~QCK.__ Walter Chaffe, John Frank, T. N. Scripture, - Roberts .. Edward, lf ergus on, John McGill, Christor)her Brand.on, Frederick Cheney, 1WRTR, GWH,LIM.BURY. John Brandon, George Munro .. Michael Tuskey, John Read., Thomas Jackson .. PICKERHrG. William Read. ETOBICOKF;. William Ilatrick, WES~~- _GWILLil\llBURY ._ Joshua Biles, Andrew Ward, Thomas May, James Russell, SCAR130RO' .. Thomas Crisp, Henry Turvey .. Bond Head, George Stephenson, William Nelson. Thomas Dowswell, Jonathan Gates. - 311 - 29th Ju1=Z,, __ 1842-.....=.::::..J continued. ______---- WHIT CHUR_9II • KING. UXBRiflGE. William Metcalf, Daniel Kennedy, Peter Thomson, James Hutt, John Stevenson, George Bache. Thomas Davis, TORONJ.Q.! Richard Murphy .. ADJALA & MONO. Patr:t0k Herron, ORILLIA. Charles Cameron, John Cobane, Cameron. James McCand, Jude M.Lawrence, Charles Carson, Jacob Gill, GORB OF __ TORONTO. F. McLachlan .. John Roe. John Burgess, ORO. ALBION. Tindle. Marshall Yond, Albert Finch, CALEDOH. Johri Marshall, George Taylor, Donald Grant, William Acheson, Samuel LincLsey, Gilchrist nuncan. Archibald McKinnon, REACH. John Jackson. · :MARA. Reuben Crandall, MEDONTE. John Thom:pson, George Moore, Francis Sherrara, Thomas Thompson, James Ritchey, THORAR John McKinley, William :McMullen .. Walter Barr, Donald McCallum, John Shires, CHINGUACOUSY. · Archibald McBain, Charles Robinson, FLOS. Peter Jf'reel, J. McDonald. --•-.·-··-- John Scott. James Johnstone. TINY. TORONTO, East of Centre Road. P.H. O'Brien, Thomas L. Oake., Tho:mas Landrigan, James Cooper, James Bowden, Isaac Hart, John Park, Louis Chevrette, Edward Jeffrey, T. Boucher, John Bradley. J. Morr:i.son. Adjourned till Thursday the 4th August, 1842 ...... 312 - . AD~.QURNEI> __Q_E,!NERAL Q.UJmTI~m SEr~rnIONS _Th~rsday the 4th August, 1842. Present Dr. O'Brien, Chairman p ro. Tem., Dr. King, Connel J. Baldwin, Esquire. Adjourned till Thursday the 11th Instant. _!HURSJ?AY, 11th AUGUST, ___ 1842 .. _ Present w·illiam Thompson, ·Esquire, Chairman Pro"'~'em., James Adam, Esquire. Adjourned till Thursday 18th Instant at noon. _!_~RSDAY, 18th .A.UGUSTJ._~ 1842. Present V!illiam Proudfoot, l~squire, Chairman Pro ... Tem., Lucius O'Brien, Esquire .. Adjourned. till ~~hursd.ay 1st September next at noon. The Magistrates of the City and neighbouring Town- shiI)S to be svecially summoned. - 313 - ADJOURNED GENERA.L QU.,.~RTER SEStHONS Thurs d~z_,_J.£~.:L§ ~_l)!_em},~~-i,:, __t~2--,?_. __ _ Present John Powell, Esquire, Chairman, Edward W. Thomson,) Lu.cius O'Brien, ) Thomas :B''isher, ) Esquires. John Scarlett, ) The Chairman received a communication from the Office of the Secretary, Canada West, dated 17th August, respecting ce~tain sums of money in the hands of Mr. Wal.ton received on aceount of Ifines for a_istilling and selling Beer without License, and calling for the payment of the same to the Receiver General. The Chairman statea ·that he had communicated the same to Mr. Walto11, to which he bad received an answer, which he begged leave to read. Mr. V!aJ.ton' s letter,_ datea. 1st September, was read, giving an account of certain sums received by him on account of Fines for dis tilling and selling Beer without License, amounting together to Sixty Seven Pounds and stating that he was ready to pay the same over to the Receiver General. Whereupon it was Ordered, on motion of I 1r .. O'Br:i.en seconded by Mr~ Scarlett:- "TRA.T: the Clerk of the Peace· acknowledge 1/Ir. Walton's Letter of thie. date, addressed to the Chairman, and that he express the opinion of the Sessions, that the course proposed, so far a.s relates to the case therein referred to by Mr. Walton, is the correct mode to be pursued~ ORDERED: - On motion of Mr. :B}. W. Thomson secona.ed by Mr. Scarlett; TRAT the Clerk of the Peace obtain the sanction (under their _hands) of the several Liagistrates who have convicted persons of selling Spirituous LiquorB without License, and from which persons Fines have been collected - 3] 4 - ADJOUmnm by ~.:r. Wal ton; for IVIr .. ·\::,,s,lton to pa~T over the amount of the several Fines so collected to the Treasurer of the Dis trict, (who has so conBented to receive the same), to b~ placed to the credit of the several Townships in accordance with the order of the Magistrates in Session on the 16th June last. ORD:Em.ED: - On motton of Dr 8 o' Brien sec:onded. by Mr. g. W. Thomson; THAT the High Constable be directed to give in a list of all writs of execuM.o:n put into his hancts by Mr. Walton, on or before the.next quarter, on which writs returns have not been made, or on account of which partial_ payments have been received. Adjourned till Friclay 9th Se1)tenber at l 110' Clock P. M. - 31-5 .... .ADJOURNED GENERAL QU.ARTE~_~S~SSIONS Friday, 9~11 S~,£!;ember, 1.842. Present Edward W. Thomson, Esquire, Chairman Pro .Tem., T. W. Birchall, ) John Scarlett, ) Lucius O'Brien., ) Esquire .. Alexander Burnside,) The Tavern License of Abel 7::. :&wers of the Town ship of 7/hi tby was Ordered to be transferred to Elisha Linscott. - 316 - ___ .9,UARTER SESSIO:trn...... GEUERAL •-~-.. ,.._..______---. Tuesday, __ 4th~tqbe.t,_ 18_2: 2 •__ Present John Powell, :msquire, Chairman, E.W. Thomson, John Scarlett, Lucius O'Brien, Esquires. :B1 rancis Osborne, Se:phas Good, '..Phe Clerk of the :Peace read the Commission .. The following Grana. Jurors were sworn:- Benjami:n :Pish, Iisq., Foreman, Thomas Armour, John Hunter, James Armstrong, William Duncan, George Bennett, George Pasiton, John Wallis, William Holdditch, William Couch, George Cameron, Thomas Gauley, William Nichols, Robert Grunc1y, John Frisby", ~illiam Hinckston, Benjamin Slater, Thomas Amos, John Hunter, (Noe2} ~ueen vs William Riggison. Swore Mary Higgison to go before Grand Jury. Kenneth Fraser appeared. and was recognized as the son of an U.E. Loyallst, and having taken the Oath of Allegiance, received the certificate accordir~ to Law. Sophia Mad.den appeared and. was recognized as the daughter of George Smith anU.E. Loyalist, and receivecl the necessary certificate as such. Grand J·u.ry brought in a "True Bill n in Queen vs Higgison .. Swore John Crichton, Esq .. , Mary Mc.Arthur, Mary McDougall, ancl Frederick Haynes to go before Grand Jury in the Queen vs Barbara Carmichael. Queen vs Char~es Dority; Misdemeanor .. The following JurJr were sworn. - - 317 - GEN-i:~RA-- .L.1-r r l;. ~,... ~U~RT~B_-~S~SSIONS~ 4th Ootobei~ 1842., , c ont· inuea.. ~ Jurv Robert Crofts, Charles Dyer~ James Hunter, William Cameron, William Cox, William 7/ouch, Daniel Johnson, William Hurst, Hilary Clarkson, John Beatty, George Brown, Samuel Browne .. 7li tnesses Sworn .. Mary Ann "Fe bow, Mary Dority, Charles Dority, Catherine Hurst, Fra.ncis Osborne, Esquire. Verdict; Sent enc~..i. To be imprisoned three months at hard labour, and to :pay the Costs of Court, and to be further imprisoned till such Costs are ~aid. Queen vs ~illiam Higgison. Ordered that the prosecution be withdrawn (by request of prosecutor) upon the Prisoner finding Ban to_ keep the Peace for one year·; himself in £20. a.nd two Sureties in £10. each, ana. to be imprisoned till such Sureties are given. Queen vs - Cameron; Ae.sau.lt. Prosecution with- d.rawn, upon application of prosecutor, on the :payment of~ Costs. - 318 - -~-J?JO_!!,Rllt}I· __ Q~NERAL --~!]ARTER §~S~JgNS__ . Wedne~da_xJ___ ~.Qctober, 1842. Present John Powell, Esquire, Chairman, John Scarlett,) E.W. Thomson,) Esquires. Thomas Fisher, ) Queen vs James Mcconkey; Larceny. Plea nNot Guilty". The following Jury was sworn. George Brown, Henry Lever, Samuel Brown, John :E'eirheller, William Wallis, George Klinck, H,ilary Clarkson, William Panton, Francis Burgess, John Waggoner, William Wauch, Paul Skell. Witnesses Sworn. Benjamin Patterson, Joseph Varnick, James Mcconkey, Henry :Mcconkey, Francis Wilson, John Shaw t Robert Mcconkey .. Verdict: "Guil tyn. Sentence: To be imprisoned six months at hard labour, in the Common Gaol.. Swore John Burgess, John Davidson, John Lauder, and William Burke,Junior, Joseph Breoken to go before the Grand. Jury in the Queen vs ~John Mulholland., Wi11 ia.m Anderson, Thomas Long, for Riot. Grand Jury brought ir1 a "True Bill" Queen. vs Mulholland and Others .. Charlee W. M. Gilbert appeared in Court and was recognized as a Minister of the W,.esleyan r1/Iethodist Church of Canada, and having taken the Oath o.f Allegiance, received a Certificate according to Law. The Public Accounts were taken u:p. - 319 - . URl\T'fi:J) Gli~i'J'ER' .AL I"1 f.. ----~-~---~-~.,;;_;__~~==--=~~ADJ 0 U~~~R~~~JL SESSIONS Thursa.ay_,._6th_,october, 1842 .. Present · John Powell, Esquire, Chairman, Thomas Fisher, Esquire. Swore Charles Sanderson to go before the Grand Jury in the Q.ueen vs Philip l)ay; Larceny. Grand Jury brought ir1 a"True :Billn, Queen vs Da.y.n - 320 - ADJOURN:Em .§-ENrillAL Q,UA~T]~Fi_ _§~SSIONS Friday_., 7th Octo]?~r, 1842. Present John Powell, Esquire, Chairman, R~ D. Hamilton, ) Lucius O'Brien, ) Esquires. Queen vs Mulholland, Anderson a.nd. Long. . The Counsel for the Com1)lainant moved. the Court to Traverse the proceedings to the next Session. The Counsel for the Defendants objected, the said D~fendants beir.ig present and ready for their trial; the Court deoited that the proceed ings could not be Traversed unless some reasonable cause shou).d be assigned for aoing so. A writ of Certiorari was then served on the 6ourt ordering the proceedings to be removed to the Higher Court. John ~Mulholland, William Anderson, a.nc1. Thomas Long then entered into Recognizance in Forty Pounds each, with two Suretles (William Hurst and William Peebles -for each e~ch Defendant) in £20./to appear at the Assizes to answer to the said Chargeo Q,ueen vs Day; Larceny; Plea "Not Guilty". The following Jury was sworn:- Robert Crofty, William Cox, George :Brovvn, Daniel Johnson, John Topham, James Hunter, Robert Wilson, Richard Watson, William Morrison, Charles Dyer,. David Coon, John Jfierheller. Witnesses swor~: Charles Sanderson and William Higgins. Verdict: "Guilty". Sentence: to be imprisoned three months at har(i labour. Grand Jury brought in a PreE1entment respecttng the state of the Gaol. - 321 - ADJOURNED GEUERAL QUARTER __ :3BSSio:rrn _ _ 7_t~h_0_c_,t_o_b_e ____ r_,._, -=l-=-8....:4:.:2:..i, c ~p_t i}?.~_e_d_.. _ Certificate for Tavern License Ordered to issue to William Buffry, Ohinguacousy, £5. Swore James Dobson, George Atkinson, George Rowell and James Wallace to go before Grand Jury to complain of a Public Nuisance. Queen vs Barbara Carmichael: Larceny. Traversed tHl next Session upon affic1avit of Defendant that a material witness was absent. Recognized John Crighton, Frederick Haynes, Alexand.er McArthur and Mary McArthur to appear at the next Session to give Evid.ence. - 322 - ADJOURNED GENERAL QUARTER SESSIONS Saturd.ay, 8th Oct ob~.! 2 1842. Present John Powell, Esquire, Chai.rman, Alexander Burnside,) ~enjamin Yarnold, ) James R. Armstrong,) T. W.. Birchall, ) Esquires. John Ewart, ) Connel J. Baldwin, ) Luo i us O1 Br i E1n , ) Queen vs James Williamson .. Called Defendant on his Recognizance and he did not appear. Called James Shield the Surety for the appearance of said Defendant on his Recognizance and he did not appear nor bring forth the body of said V{i.lliamson. Called Robert Cook and tTames Ab_erdeen, the Wit ..., nesses bound to prosecute in said case,on their Recogni zance and they did not appear. Called William Lawson on his Recognizance and he did not appear. The Recognizan-0es on all the foregoing cases ordered to be estreated. The accounts of the Clerk of the Peace were audited and. ordered to be paid for Fifty three pounds seven shillings and sixpence; £63. 7,. 6. The Chairman having left the Chair Alexand.er Bur:nsio..~, Esquire, was chosen Chairman Pro.Tern .. Certificate for Tavern License ordered to issue to Lewis A,. Constantine, Markham; £7.10.0. - 323 - ADJOURNED GENERAL QUAR~ER SESSIONS 8th October. 1842, c,ontinu~E-·- A letter from Mr. Walter McKenzie, Clerk of the District Court, addressed to the Chairman, complaining that James Severs, the Housekeeper, refused to keep the District Court Office clean, was read; u1;on which it was ORDERED:- That Mr •. McKenzie be informed by the Clerk of the Peaoe that his Offioe is not uncler the control of the Justices in Quarter Sesslon. A communication from Dr. Widmer to the Chairman was read, complaining of the water in the Gaol and recom mending that measures be adopted for supplying the prisoners with more wholesome water, ana_ also recommending that a quantity of coarse flannel be supplied for the use of the prisoners; whereupon it was ORDERED: - That the Clerk of th-e Peace d.o apply to Mr. Furniss of the Tor:onto Water Works Company to know upon what conditions he will supply the Gaol with water,and THAT the Clerk of the Peace do consult with Dr9 Widmer as to the quantity and quality of flannel required for the purposes alluded to in his communication; and that he (the Clerk of the Peace) do obtain the same for the use of the Prisoners! Adjourned till Saturday the 22nd October at 12 Noon. - 324 - ADJOURNED G.ENERAL QUARTER SESSIONS_ Satu.ro.ay, 22nd October '~·_1842 "- Present Lucius O'Brien, Esquire, Chairman, James R. Armstrong, Esquire. The Reverena. :B.,rancis Coleman of the Wesleyan Methodist Church in Canada appeared and was recognized as a duly ordained :Minister of that denomination, and upon taking the oath of Allegiance, was ordered to receive the customary Certificate authorizing him to celebrate matrimony, agreeably to the Statute. The Tavern License of Alexander Cullen was ordered to be transferred to George Lloyd of Toronto (Tp.) Adjourned till Thursday 10th November, 12 O'Clock. .... 325 - ADJOURNED GE:NERAL QU!'i,:RTER SESSICUS ThUf_§daL 10th 1q·ovember, 1842. Present Alexander Burnside, Esquire, Chairman Pro.Teme, Thomas W. Birchall, Esquire. It having been announced that James Keenan, the Collector for the Township of Adjala, is dead., it was ORDERED:- That George Hart be appointed in his stead.. A requisition from the Gaoler requiring 50 ri1gs , . a quantity of straw, some Black Lead and Black Lead Brushes, for the use of the Gaol, was read, and it was ORDERED:- That the application be postponed till the next adjourned Session to be held onThursday 9 17th Instant, at 12 O'Clock, for the consideration of said application .. Adjourned. accorcLingly. - 326 - AD~~YRNED GENERAL QUARTER SESSIONS Thursday, 17th November, 184~.:- Present Alexander Burnside, Esquire, J.P .. , Chairman Pro. Tem. , John King, Esquire, J.P. Adjourned for want of Quorum till Saturday the 26th November at 12 O'Clock Noon. Same Justices. Adjourned till 3rd Itecember. ,,,., 327 ,... Al;JOURlrnD GE:NERAL QUARTER SESSIONS December 3rd, 1842. Present T. W. Birchall, Esquire, Chairman Pro.Tero., James G. Chewett, John Scarlett, Esquires. Adjourned till Tuesday, 20th Instant, at 10 A.M., to be announced by advertisement. Queen vs William Atchinson: Assault, on prose~ cution of McCarty; settled by consent of Court. Swore. John Tilt anc1 Isaac Whi tfielc1 to go before Grand Jury in Queen vs William Lundy. - 328 - }.. IJJOUR1:1El) GE~!3RAL QU.ilRTER. SESSIONS _ Tuesday, 20th December, 1842. Present Thomas Fisher, Esq., Chairman, Pro.Tern., John Scarlett, ) ( C. J. Baldwin, Alexander Burnside,) ( John Farquharson, William Gamble, ) ( Robert Stanton, F. Boyd, ) ( F. S .. Jarvis, W. ·H. Patterson, ) Esquires. ( Larra tt Smith, John W. Gamble, ) ( George Munro, George T. Dennison,) ( James Paterson, w. Bi:rctsall, ) ( James Young, L. O'Brien, ) ( William Proudfoot, Certificates for Tavern Licenses were ordered to issue to the following persons;- ( See rough Minute Book) • - 329 - AI~! OURNim ___ 9--~~1:,;-i~L~~L (~UARTER ~~ss IO~i?-- Wed,P:eS a.~L___ 21~j;___ p~~~}!)!3T~842. Present Thomas Fisher, ~squire, Chairman, George Munro, ) John Scarlett, ) William Birdsall, ) Robert Stanton, ) William Laughton, ) Esquires .. F. Boyd, ) John Farquharson, ) C .. J. Baldwin, ) Larratt Smith, ) Simon Leet ) Certificates for Tavern License were ord.ered to issue to the following persons.- See rough Minute Book .. .A.djourned till Monday 26th Instant at 12 O'Clock. .... 330 - ADJOURNED GENERAL QUAR~:BJR SEssrmrn Monday_t__?6th Deoembe!..,__.J:§42 ~-- Present John Powell, Esquire, Chairman, Robert Stanton, Esquire, Adjourned till Thursday the 29th Instant at 12 O'Clock Noon. - 3~31 - .A.D.JOUmlED GEI:{BRAL STJARTJ:!J~·'R~~S_E_S§J_O~N_S__ _ 'Thursday, 29th December,~~~ Present Robert Stanton, Esquire, Chairman, G. T. Dennison, ) Hugh Richardson, ) William PToudfoot, ) Esquires. James G. Chewitt, ) Alexander Burnside,) John Ewart, · ) Certificates for Tavern Licenses were ordered to issue to the following persons. - See Rough Minute Boole. ORDERED:- That the Clerk of the Peace write to Colonel Kenneth Cameron thanking him for his letter of the 13th Instant, and informing him that no application has as yet been made for License by Finian MacDonald.., and that should such application be made his (Col.C's.) com- municat'ion shall be duly attended. to. (See Col.Cameron's letter). Adjourned till Saturday 31st Instant at 12 O'Clock. - 332 - ADJOURNED GElrERAL QUARTER SESSIONS Saturday, 31st December, 1842. :Present Robert Stanton, Esquire, Chairman, George T. Dennison, Esquire. Tavern License was ordered to issue to Thomas Reid, Markham, £6.0.0. Adjourned Sine Die.