"MEETINGS OF THE HOtill DISTRICT ---.. ---·-·-·--··------·
GENERAL QUARTER SESSIONS OF THE PEACE
Por the year
1 8 2 5. - 167 -
GENERAL QUARTER s:s~~sro:Js OF nm PEACE holden in and for the Home District at York on the 1st day of February, 1825.
Present Alexander hlcDonell~ Esquire, Chairman, Stephen Jarvis, Esquire, James Miles, Esquire.
The Court vms opened. The Commission Read. The Sheriff returned the Precept. The Grand Jury vrnre then called as follows, and severally Sworn:-
1. Jabez Hall, Foreman, 2. Moses Hemingway, 8. Benjamin Varnum, 3. Benjamin Stone, 9. Abraham Terwillegar, 4. George McGill, 10. William Hall, 5. Matthew Terwillegar, 11. David Gardner, 6. Ackeus Moody Farewell, 12. Daniel Dehart, 7. William F. Moore, 13. Jqhn Still.
The above Jury was then charged by the Chairman and retired.
The King on the prosecution ) For a Riot and Assault. of Solomon Mattice ) vs ) Witnesses Sworn to give evi Musson & others, ) dence before the Grand Jury.
1. Solomon 1.la t tic e, 5. Margaret Mattice, 2. William Mattice, 6. David Stuart, 3. John Mattice, 7. James Elliott, 4. Jane lfattice, 8. William Mattice, Senr.,
The King on Prosecution of) For Petty Larceny. Colin Drummond ) vs ) Colin Drummond sworn to go be- Isaac Balcom, ) fore the Grand Jury.
The Petty Jury was then called, and the following Traverse from last Session was called, and a Jury empaneled as follows:- The King on the Prosecution of) Assault &c. from last Jane Viney ) Session. vs ) James Brown and John Brown, ) - 168 - GENERAL CJUARTEH ~ESSIONS OF THE P~ACE_ 1st February, 1825, continued.
Jury
1. Thomas Provost, 7. Edward Smith, 2. Jeremiah Martin, 8. Joseph Buck, 3. James Huntingdon, 9. Michael Frase, 4. Lawrence Smith, 10. Abram Coryell, 5. Jeremiah Luscomb, 11. Daniel Coryell, 6. John Williams, 12. Samuel ~oward. Witnesses for Prosecution. Witness for Defendant.
1. Jane Viney, Ann Brown. 2. Davld Watt, 3. James Robison, 4. John Viney. V".&RDICT GUILTY.
Sentenced to pay a fine of 5/. each; to find Sureties of the Peace for good behaviour for Six Months,
and to pay Costs of Prosecution; ·to remain in Custody until the whole was performed. They entered into Recognizance
as follows, viz:-
RECOGNIZANCE. CONDITION. James Brown, £40.) That James Brown and John Brown do John Brown, £40.) keep the Peace towards all his Alexander Brown, £20.) :Majesty's liege subjects, and par William Andrews, £20.) ticularly towards John and Elizabet11 Viney, for Six Calendar Months from this date,-(and to remain in Custody till fine &c.paid)
The King on the prosecution of ) Assault and Battery. John Augustus Stevenson ) vs ) A Traverse from last Quar- James Brown & John Brown, ) ter Sessions.
1. Richard Demeray, 7. Thomas Provost, 2. Edward Stone, 8. James Huntingdon, 3. Joseph Goreham, 9. Zachariah Luscombe, 4. Justus A. Seeley, 10. John Williams, 5. George Moore, 11. Edward Smith, 6. Michael Freeze, 12. Joseph Buck. Uitnesses for pros~cution. 1. J. Augustus Stevenson, VERDICT GUILTY. 2. Levi 1,,,1ercer, 3. Mark Dawson, 4. John Knaggs. Sentenced to pay a Fine of Twenty Shillings each to the King, with expenses of prosecution, and to remain in Custody until paid. - 169 - GEHERAL QUARTER SESSIONS OF THE PEACE . , --- 1st February, 1825, continued.
Proclamation WffS made three times for John T. Elrod to appear before the first day of Easter Term to Answer to an Indictment of Bigamy preferred against him;- did not answer.
The Children of three U.E.Loyalists recognized by the Court, and Certificates signed for t11eir Lands ac- cordingly.
The Court then Adjourned to 10 O'clock to- morrow morning. - 170 - GENERAL Q,TJAHTER SESSION:S .. JP THE PEACE
2nd February, 1825.
Present
Alexander lEcDone 11, Esquire, Chairman, Grant Powell, ) Darcy Boulton,the Younger,) and Christopher Widmer, )
The King on the Prosecution of) Riot and Assault. Solomon Mattice ) vs ) The Grand Jury returned a William Musson. and others, ) rrrue Bill. The Defendants on being arraigned pleaded not Guilty, and Traversed the Indictment to .riext Quarter Ses- sions. Ordered that the Defendants do enter into Recogni- zance for their appearance at next Quarter Sessions to be holden for this District, and in the mean time to keep the peace, which they did as follows:- RECOGNIZANCE as follows, CONDITIOH. 1. Thomas 1'.Iusson, £40.) That the whole of those Persons 2. 'ililliam 1':1usson, £40. ) do appear at next General Quarter 3. Edward Musson, £40.) Sessions of the Peace, to be 4. Thomas Farr, £40.) holden in and for the Home Dis 5.,.. Thomas Maxwell, £40.) trict, and answer to an Indict o. Herbert Matthews, £40.) ment found against them for a 7. William Matthews, £40.) Riot and Assault, and to keep 8. Alexander Davidson 40.) the Peace towards Solomon 9. Mark Dawson, £40.) Mattice and Family in the mean 10. John Chew, £40.) time. 11. Thomas Dawson, £40.) Their Pledges. 1. Thomas Dawson, £20.) 2. John Pawll, £20.) 3. Jeremiah Fox, £40.) 4. Jacob Phillips, £40.) 5. Herbert Liathews, £40.) 6. Thomas Dawson, £20.)
The Recognizance of Thomas Powers to prosecute Chancy Skinner and Joel Blair for Larceny, Ordered to be respited until the next Assizes, holden for the Home Dis- trict, and the papers to be transmitted to the Attorney
General, and that Chancy Skinner and Joel Blair do enter - 171 => GENERAL ~UARTER s~_~;srmrn OF THE ?~ACE 2nd February, 1825, continued. into Recognizance to ,ppear at the next Assizes holden for this District to answer to the same, which they did as follows, viz:- RECOGNIZANCE. CONDITION. Chauncy Skinner, £10.) That Chauncy Skinner, and Joel Joel Blair, iaO.) Their Pledges were ) Blair do appear at next Assizes Martin Terwillegar, £ 5.) holden in this District and Peter Liatthews, £ 5.) answer, &c.
The King on the Prosecution of ) A Tr~verse from last Charles Moore ) vs ) Session. Simon Kemp, ) Jury 1. Alexander Armstrong, 7. Joseph Buck, 2. Thomas Prevost, 8. Michael Frazer, 3. Jeremiah Martin, 9. Daniel Coryel, 4. James Huntingdon, 10. William Powell, 5. Edward Smith, 11. Lawrecnce Smith, 6. Justus A. Seeley, 12. Richard Demaray. ~itnesses for prosecution. Witnesses for Defendant.
1. Charles Moore, 1. Anne Parker, 2. Elizabeth Rutter, 2. Thomas Lackie, 3. Joel Whittiker, 4. Truman Penrow, 5. Jacbb Nbthardt, 6. William Phair. Verdict, Not Guilty.
The Grand Jury again appeared with a presentment against John Lyman Gordonier, for Stealing a Hive of Bees, Whereupon an Indictment was framecl, and sent to the Grand Jury, who soon returned the same into Court as a True Bill.
The King ) Petty Larceny. On his being vs ) John Lyman Gordonier, ) arraigned Pleaded Guilty. Sentenced to one Month's Imprisonment (and Costs). - 172 - GENEIV\.L OUARTER SES:31 ONS OJ? rrHE ~EA_g~-- 2nd February, 1825, continued.
The King on the Prosecution of Colin Drummond ) vs ) Petty Larceny. Isaac Balcom, ) (Costs to District) On Isaac Balcom being arraigned pleaded Guilty. Sentenced to one Calendar Month's Imprisonment.
The King on the prosecution of) Assault. Jane Jordan ) · vs ) A Traverse from last .Charles C. Small,Esq., ) Session. Jury 1. Jpseph Gor~am, 7. Justus A. Seeley, 2. Edward Stone, 8. Zachariah Luscombe, 3. Alexander Armstrong, 9. John Vlilliams, 4. Jeremiah Martin, 10. Daniel Coryell, 5. James Huntingdon, 11. Simon Howard, 6. Edward Smith, 12. William Powell. Witnesses for prosecution.
1. Jane Jordan, VERDICT GUILTY .. 2. John Tiffs.
Sentenced to pay a fine of 5/. with Costs. (Not Paid).
The King on the prosecution of) Assault and Battery. Jane Ruggles ) A Traverse from last vs ) Session. Plea Not Guilty. Jane Jordan, ) Traverse to next Session. Ordered that the Recognizance in this Cause be respited to next Court of General Quarter Sessions to be holden for the Home District.
The Application of Allan McNabb ~or an extension of the Gaol limits, was laid before the Court, and Ordered to 1 ie over.
The Court then Adjourned to to-morrow, Noon. - 173 -
3rd February, 1825. ·------
The Court met Pursuant to Adjournment. Present Alexander McDonell, Esquire, Chairman, Darcy Beul ton, the Younger, ) and ) Esquires, Justices, Christopher Widmer, ) &c.
William Peach ) Assault, &c. Withdrawn & settled vs ) with leave of the Court, on paying Alexander Armstrong,) Costs.
A Deed of Bargain and Sale between John Henry Carman, and John Small, Esquire, was proved in open Court by the Widow of late John Henry Carman.
Catharine Joseph was called to answer to the
complaint of Phoebe I.Jyers, upon which an Indictment had been framed. Prosecutrix not appearing, Catharine Joseph was discharged by proclamation.
The Court then Adjourned to Saturday next the
12th Instant, to be holden at the office of t~-ie Clerk of ·the Peace. - 174 - ADJOURNED GENERAL QUARTEH sg~SIONS OF THE PEACE York, 12th February, 1825.
The Court,met pursuant to Adjournment. Present Alexander MCDonell, Esquire, Chairman, Christopher Widmer,) and ) Esquires, Justices, &c. R. G. Anderson, )
Ordered that the Contractors for building the Gaol and Court House, do procure an Estimate of the Expense of raising a parapet around the Gaol & Court House according to the annexed pla.n & for inserting cut stone pilasters in the East & South fronts of the said parapet of the Court Hpuse; and in the South part of the Gaol; together with a coping of Cut Stone to surmount the parapets .of both buildings, and also leaden gutters within the said parapet. (Signed) Alex'r. McDo~ell, Ch'n.
Laid the Petition of Isaac Devine, and other Inhabitants of the Townships of York Etobico1rn, Toronto., Gore, Albion, and other Townships adjoining the same, pray ing directions to open the Road, called Campbell's Road, in the Township of Etobicoke, until it reaches the Gore of Toronto, and that the Inhabitants residing near the same be allowed to perform their Statute Labour thereon this year. Ordered to lie over for further consideration.
Ordered that Abram Breerly, John Hind, and Stephen Brundage, be allowed to perform their Statute Labour for the Current year on the 7th Concession on the Humber.
The Account of James l)arker, as Gaoler, for
Salary, and Maintenance of Margaret Finch, from the 1st of October, 1~24, to 1st January, 1825, Amounting to £25.10. Currency was appl"'oved and Audi tecl. - 175 - 1 1 ------·--·--·------..I.I-:------·------·-·--··---~------:\.I\_; OUR:·JED Gil:NERAt 0.UARTEH SESSIONS O:fi 1 H:tL PE.ACE. 12th February, 1825, continued.
The Account of - - ITillcox, Constable, Township of Whitby, for apprehending Jabez Lyndia & Lyman Gordinier, was submitted to the Court. Ordered that Constable Uill- cox do apply to the Attorney General for a Certificate for his apprehending Jabez Lyndia. That John Lyman Gordinier having been sentenced to pay Costs, he will pay 20/. Constables Fees for apprehending him, and bringini hir:1. to York, which must be paid to Gaoler for Willcox, said Constable, before delivered out of Gaol~
Ordered that the present limits of the Gaol be extended so as to include 2 Roads forty feet ~ast of the Gaol Lot, and South ten Roads fr•om King Street.
The Court then Adjourned to 26th Instant, 10 O'clock, to be holden at the Office of the Clerk of the Peace. - 176 -
26th February, 1825.
The Court met Pursuant to Adjournment. Present Alexander Tile Done 11, Esquire, Chairman, Christopher Widmer,) R. G. Anderson, ) Esquires, Justices, &c. and ) Stephen Jarvis, )
6n Information of Cory Coulson, that John Lomsdon,
William Bergin, John Johnston, and -- l/Iurphy, did purchase
Sundry articles of provision coming to l.:aPket to sell again, 1st proved that Lomsdon did on the 23rd & 25th Instants purchase Pork and Hams coming to T·\'Iarket, for t:·1e purpose of selling the same again. Ordered that John Lomsdon do pay a fine of 5/. for each offence, which was paid in Court; one half handed to the Clerk of the l!arket, and the other half to the Clerk of the Peace to be handed
. to the Receiver General • 2/6 to pay over. 1Nilliam Bergin, Not Guilty. John Johnston, Not Guilty, Murphy, Not Guilty. The a/c. of Charles Stoatesbury for Pire Hooks, &c., Amountine: in the whole to :\W.7.5}, was submitted to the Court and allowed, excepting 6/. for Spirits, which afterwards was allowed on his explaining to the Court that the Spirit~ were necessarily used in working the Fire Engine in cold weather.
The Account of Cory Coulson for repairs done to the Weigh House, was also approved, amounting to 15/.
The Court then Adjourned to Saturday next the 5th March. - 177 -- ADJOURNED G1~-:ffrn\I iJJ./\.RTGH S:ES~IOt~Q------.... ---·-·--· " .... ----.-.---··$"-·---······-·--- - OF _1'._l{E PEACE_ York, 5th March, 1825.
The Court met pursuant to Adjournment.
Present Alexander McDonell, Esquire, Chairman, Grant Powell, ) Darcy Boulton,the Younger,) Esquires, Justices, Christopher \'/idMer, and ) &c. R. G. Anderson, )
A Complaint was made by Cory Coulson, Clerk of
the Market, against sundry persons, as mentioned underrH=Jath.
G. Shaw for purchasing Smoked Eeat in the I·,farket during IJarket Hours to sell again, fined 5/. pald} to Clk. John Ruddy for purchasing meat in Market during Market Hours, to sell again, Fined, ... 5/. rt ll Joseph Hunter for purchasing a large quantity of Butter going to Market, to sell again, •. . 5/. David !Jorden for selling Butter (nothing paid) Ulrich Burkholder fined for selling ten Fowls / out of l.{arket, Fined, .•...... 5/. with Costs
Ordered that Isaac Devins be the Path Master for Campbell's Road through the T~wnships of York, and Etobi coke, beginning at the Concession Road in the Township of York, East of the Humber, then a North West course to the Humber, crossing the said River at the North East corner of Lot No.27 in the Township of Etobicoke, then North 75 Degrees West ~o the 10th Con. of the Gore of Toronto, thence to Albion, which was formerly confirmed in Court, and now reconsidered and finally confirmed this day.
The Court then Adjourned subject to the Call of the Chairman. Home District) - 178 - York to Wit. ) (Home District York to Wit.)
AT A COURrr OF ADJOURNED GENERAL_gQttRTER SESSIONS of t~e Peace holden at the Office of the Clerk of the Peace
in York on Saturday the 2nd day of April, 1825.
Present Alexander McDonell, Esquire, Chairman, Darcy Baul ton, the Younger, ) Christopher Vlidmer, · ) Esquires, Justices, and ) R. G. Anderson, )
Resolved that the Treasurer, either by himself, or Agent, be authorized to apply to the President and
Directors of the Bank of Upper Canada, fo.r a Loan of Two Thousand Pounds, for the purpose of meeting such disburse- ments as may be incurred in building the Gaol and Court House at York.
The Court then Adjourned subject to the call of the Cha irrnan. Home District) (Home District York to Wit.) - 179 - York to VT it • ) - GEJJERAL QUARTER SESSIONS OP nm ~~AQ.~- York, 3rd May, 1825.
Present Alexander McDonell, Esquire, Chairman, Grant Powell, Esquire.
The Commission was opened and Read. The Sheriff returned the Precept. The Grand Jury was then called and severally sworn, as follows:- 1. James w. Sherrard, Foreman, 2. George Vv. Post, 10. John Gilroy, 3. Stephen Dorlingham, 11. John Blair, 4. Abram Lossee, 12. Harvey Woodruff, 5. Samuel Major, 13. John ,Vanhorn, 6. Andrew Hubbard, 14. Richard Ray, 7. Thomas Major, 15. Asa 1'/lat thews, 8. Cornelius Churchill, 16. David Wood, 9. Amos Wixon, 17. Asher Willson.
Proclamatiori of Silence was again made and the charge was given to the Grand Jury; after which Proclama-
tion was made by the Crier,- That Joseph Rogers of the Town of York, Hatter, would claim at the next Sitting of the Commissioners for ascertaining the Divisees and AssiBnees of the Original Nominees of the Crown to Land not under Patent; The Lot Number Fifteen in the fifth Concession of the Township: of Tecumseth as Assignee of Rogers, late of Niagara, Hatter, the ..
Henry Phillips, a,. Constable, was then Sworn to attend the Grand Jury during the Session.
The Grand Jury ~oon appeared in Court with the following Bills of Indictments, and again withdrew.
The King (Assault and Battery on John Oxtaby. vs ) Alexander Montgomery, ( A True Bill. - 180 - GENERAL QUARTER SESSIONS OP THE PEACE 3rd May, 1825, continued ..
The King ) Assault on Stephen Jarvis, Esquire, vs ) Register of the Counties of Yo.rk and Patrick Strange,) Simcoe, while in the due execution of the duties of his Office. A True Bill.
The King ) Petty Larceny. On Barker being regularly vs ) called in Court, did not appear. John Barker, ) Ordered that a Bench Vlarrant do immediately issue to apprehend said Barker, which was done in Court.
Henry Ausman had been bound over for his appear- ance at this -Oourt, for shooting at D. H. Lester. Ordered that the Recognizance in this Cause be respited to the
next Assizes, and there to attend, and Answer to such matters·as might be objected against him.
The King ) For a Riot, &c. A Traverse. vs ) William lfiusson & Others, ) Jury 1. Ephriam Berry, 7. Solomon Sanford, 2. Stephen Reves, 8. John Henry, 3. Daniel Lie Vie, 9. Edward Lawrence, 4. Cirus Howard, 10. Ezra Gh1..n"'chill, 5. John Stoates, 11. Henry Powell, 6. William Peak, 12. Caleb Powell. Witnesses for Prosecution. Witnesses for Defen4ants. 1. Solomon Mattice, 1. Joseph Walker, 2. William Mattice, 2. Thomas Smart, 3 •. John Mattice, 3. Thomas Bray, 4. Jane Mattice, 4. Washington Peak, 5. Margaret Mattice, 5. William Patrick, VERDICT, the following _persons GUILTY. 1. Thomas Musson, 6. Alexander Davidson, 2. William Musson, 7. Mark Dawson, 3. Edward Musson, 8. John Chew, 4. Thomas Farr, 9. Lackie Quin, 5. Herbert Matthews, 10. Thomas Dawson, 11. Thomas Maxwell. Ordered to pay a Fine of ten Shillings each with Costs. Fines paid to Deputy Sheriff in Court. The following persons were not found Guilty.
1. Jeremiah Fox, and 2. Jacob Phillips. - 181 - GENE~l.D)~Jl_Q_AR_TER SESSIONS. 01" THE PEACE 3rd May, 1825, continued.
A Son and Daughter of a U.E.Royalist were recognized in Court and Certificates given.
The Petition of John Odell Rock was presented to the Court, being for a Tavern License, for the House he now 9ccupies in the Township of Etobicoke, paying for his
License, as recommended, £~4.
The Grand Jury appeared in Court with a Present ment against George Scroggins for an Assault and Battery on Isaac Johnson, and ag~in withdrew. A Bench Warrant was thereupon Ordered to Issue, which was forthwith done in Court, and an Indictment framed and sent to the Grand Jury, who soon returned with the same a True Bill.
The Court then Adjourned to Thursday morning, 10 O'clock. - 182 - --GENERAL"-·-----~-----..~------··- C1U.ARTER SESSIONS.. ----...---·-·«----- OF THE PEL\CE 5th May, 1825.
The Court met Pursuant to Adjournment. Present Alexander McDonell, Esquire, Chairman, Grant Powell, Esquire.
Joseph Walker, who had been committed on Tuesday evening last, by Grant Powell, Esquire, the Judge of the Home District Court, for a Breach of the Peace, within the hearing of said Court and whilst the Court was sitting, was brought up, and Ordered to pay a Fine of Two Pounds to the King, and find Sureties of the Peace till next Quarter Sessions, towards all his Majesty's liege Subjects and particularly towards Solomon Mattice and all the Family of the Mattices. The fine the Deputy Sheriff acknowledged to have received, and he entered into Recognizance as fol- lows:- Joseph Walker, £20.) Condition as above. Matthew Priestman, £10.) To.keep the Peace towards all the Cirus Smith, £10.) Family of the '.Mattices.
The King ) vs ) Assault and Battery on John Oxtaby. Alexander Montgomery,) On Alexander Montgomery being called, did not answer,but H~rvey Gilbert, a Neighbour, appeared to answer for his being too sick to attend, and on his being Sworn on his Voir Dire, informed the Court that Alexander Mont- gomery w~s very sick, and unable to attend. Ordered that the Recognizances in this Cause be respited to next General Quarter Sessions of the Peace to be holden for the Home District.
The King ) Assault &c. on Stephen Jarvis, Esquire vs ) on his being arraigned Pleaded not ' Patrick Strange,) Guilty, upon which a Jury was called and empaneled as follows:- - 183 - GENERAL OU ARTER SESSIONS OP THE PEAC.E · ..______------··------··------5th May, 1825, continued.
Jury 1. Ephraim Berry, 7. Solomon Sanford,
2. Stephen R.eves 1 8. James Tlard, 3. Daniel McVey, 9. Edward Lawrence, 4. Girus Howard, 10. Ezra Churchill, 5. Dennis Skalley, 11. Henry Powell, 6. William Peak, 12. Caleb Powell, Witness Sworn. VPJRDICT GUILTY. Stephen Jarvis, Esq;. Sentenced to pay a fine of to the King with Costs, and to stand committed till paid.
The King ) Assault.and Battery. Pleaded Not Guilty~ vs ) But afterwards amended his Plea and George Scroggins,) Pleaded Guilty.
Sentenced to pay a Fine of 5/. ~ith Costs, which the Sheriff acknowledged to have received.
The King ) Assault &c. A Traverse; on ldotion of vs ) Jane Jordan,) Counsel for Prosecution, Orde~ed to lie over.
The Grand Jury again appeared with a Presentr:ient against Thomas Walton, of Scarboro', Yeoman, for an Assault and Battery on Elizabeth Simpson. Ordered that an Indictment framed on the above named Presentment be made and sent to the Grand Jury, and that a Bench Vlarrant do immediately issue to apprehend said Vfalton, which was forthwith done in Court, and given to the High Constable.
Francis Lightheart was called, to be discharged from his Recogrtizance, upon which Timothy Street appeared, and prayed Sureties of the Peace of said Lightheart, vrhich was granted on his making the usual Oath, which he did in Open Court. Ordered that Francis Lightheart do find Sureties of the Peace, himself in £40. and two Pledges in . - 184 - (}EN~RAL QUART3R SESSIONS OF THE PEACE ~-... •,••·-----•L•·--.-~------·---·-#- 5th Jl:~ay, 1825, cont lnued.
~s20. each, that Francis Lightheart d.o keep the Peace towards Timothy Street, and also to be of good conduct toYvards him and his, Lir. Street's,Family, and to be in custody till the same be given. Upon which Francis Lightheart prayed Surety of the Peace of Timothy Street, and on his taking the usual Oath in Court was Granted, upon which I'.Ir. Timothy Street entered into Recognizance as follows;-
Himself in £40.) Condition, that Timothy Street do Jonah Bennett, £20.) keep the Peace, and be of good David Bridgford, £20.) behaviour towards Francis Light- heart, until next Court of General Quarter Sessions of the Peace to be holden for tl1e Home District.
The Court then Adjourned till to-morro·w- morning, 10 O'clock. Home District) )Home District York to Wit.) - 185 - York to Wit. ) GENERA.L ~:mARTER SESSICJNS. OJ[ TIE_ PEACE_ York, 6th May, 1825.
The Court met Pursuant to Adjournment. Present Alexander• I.1cDonell, Esquire, Chairman, Grant Powell, Esquire.
The Grand Jury appeared with a Bill of IndictDent against Franc.is Lightheart for Public Entry and Detainer.
The Petition of John Hayes for a Tavern License in the Town of York was submitted to the Court, and Granted on his paying the Sum of Ten Pounds Currency.
The Report of IT. R. Caldwell, Surveyor of Roads on Yonge Street, in consequence of a Petition signed by twelve Freeholders, was submitted to the Court, but objected to being carried into effeqt ~y Peter Lawrence by Counsel, the Solicitor General, upon which a Jury was empaneled, as follows.: -
1. Ephraim Berry, 7. James Ward, 2. Stephen Reves, 8. Edward Lawrence, 3. Cirus Howard, 9. Ezra Churchill, 4. Dennis Skalley, 10. John Henry, 5. William Peak, 11. Henry Powell, 6. Solomon Sanford, 12. Caleb Powell. Witnesses for Report. Witnesses for Old Road and against any alteration. 1. John Goesman, (Surveyor) 2. John Lyons, 1. William Cooper, 3. John Bennett, 2. Joseph Kendrick, 4. Walter Moody, 3. Benjamin Carey, 5. George Bond, 4. Jacob Coomer, 6. Alexander Milane, 5. John ~cDougall. The above Jury were charged by the Chairman, rind withdrew. At six o•clock Jury not likely to agree on their Verdict soon. The Court Adjourned (for. two hours) Eight O'clock. - 1B6 -
6th May, 1825, continued.
The Court met at Eight O'Clock in the evening pursuant to Adjournment. Present Grant.· Powell, Esquire, Chairman, Robert G. Anderson, Esquire.
The Grand (Jury appeared with an Indictment against
Thomas Walton, of Scarboro', Yeoman, for ah Assault on Elizabeth bimpson, Wife of Tho~as Simpson, Innkeeper. A Bench Warrant had previously issued by Order of Court, on presenting said Walton.
The Grand Jury also presented James Smith of York,
Tin Smith, and John Fowley, for an Assault and Battery on John Klasgye. Ordered that Bench Warrants do issue to apprehend said Smith & Fowley, and that an Indictment be preferred against them, and sent to the Grand Jury. The Grand Jury soon appeared· and presented the said Indictment to the Court. The Jury empaneled in the Cause of the Report of W.R. Caldwell, Surveyor of Roads and Highways, and on the objections made by Peter Law~ence named within, appeared ~nd presented their Verdict to the Court, Confirming the Report of the Surveyor of Roads and Highways, and altera- tion to be made on the Road between Jonathan Hales, Lot No.5 E. side of Yonge Street and Peter Lawrence in front thereof. lJr. Rolph, Counsel for Peter Lawrence, made his Llotion in Court objecting to the Verdict confirming the Report of W.R. Caldwell or the matter being Recorded. Mr. Washburn, Counsel for Jonathan Hale moved the Court that the Road in front of Lots No.5 E. side of Yonge Street, confirmed by the Jury, be forthwith opened. The Court Adjourned till 10 O'Clock to-morrow morning. - 187 - ----·"'-·--GENERAL OUARTgR...... ~~•-·•,.--.------·--•-· SESSIONS OF THC ..PEACE ~,--··---·e-- 7th l:Iay, 1825.
The Court met Pursuant to Adjournment. Present Alexander McDonall, Esquire, Chairman, Grant Powell, Esquire·.
The King ) vs ) Assault and Battery. John Fowley and James Smith,) Jury 1. Ephraim Berry, 7. James Ward, 2. Stephen Reves, 8. Edward Lawrence, 3. Cirus Howard, 9. Ezra. Churchill, 4. Dennis Skelley, 10. Henry Powell, 5. William Peak, 11. John Sherrard, 6. John Henry, 12. Joseph Plumb. Witnesses for Prosecution, Witness for Defendant. John Klasgye, Amos Roberts. John McKennes. Verdict Not Guilty.
William Carter was discharged by Proclamation. Francis Lightheart discharged from his Recogni- zance. By consent of Prancis Lightheart, Timothy Street was discharged by Proclamation from his Recognizance.
A Warrant signed by the Speaker of the House of Assembly in favor of Ely Playter, Member of Parliament for the Counties of York and Simcoe. amounting to £47.10. for his attendance the last Session of the Provincial Parlia- ment, was laid before the Court, approved anc:1 Audited, and Ordered to be raised in addition to assessment of the present year, as the Law directs. The Court then Adjourned to Wednesday next, the 11th Instant, to be holden at the Office of the Clerk of the Peace, lQ.Q'Clock. - 188 - Ad'd. GENERAL (1UARTER 0}1 THE lf~.1.- ----"-·~---··--···--······--·-11------~----·------·-·--···SESSIONS -----11th 1 8 2 5.
The Court met at the Office of the Clerk of the Peac~ in the Town of York pursuant· to Adjournment~ Present Alexander McDonell, Esquire, Chairman, Grant Powell, ) Stephen Jarvis,and) Esquires, Justices, &c. R. G. Anderson, ) ·
Ordered that Hugh Carfrae be the Surveyor of Streets for the.Town of York, for the Current year, 1825, and that his allowance of Salary for this year be ••.•.
The Account of Samuel Hicks for repairing the Bridge over the River Rouge in December last, 1824, was this day Audited i11 Adjourned General Quarter Sessions of the Peace, .Amounting to £6.5.
The King and Elizabeth Simpson, Wife of Thomas Simpson of York, Innkeeper, against Thorp.as Walton of Scar- boro', Yeoman, for an Assault and Battery; Bill of Indict- ment found.by the Grand Jury the 5th May last. A Bench Warrewt had issued, he appeared this day and entered. into
Recognizance for his personal attendance at next Court· of Gen~ral ·Quarter Sessions, there to answer, &c. Recognizance as follows:-
Thomas ,val ton, :.,Jt:.,r'oo • ) Thomas 1'1•1oore, £10.) Condition as above. Joseph Lee, £10.)
The Court then adjou~ned to the 25th Instant, to be holden at the Office of the Clerk of the Peace, 10 O'clock. Home District) (Rome District York to Wit.) - 189 - York to Vfit. ) ADJOURNED GENERAL (1UARTER SESSIONS OF THE PEACE York, 25th May, 1825.
Present Alexander McDonell, Esquire, Chairman, Grant Powell, Esquire.
The following Accounts were presented to the Court, approved, and Audited, viz:- The Account of Mr. Hugh Carfrae for repairs performed by Order of the Magistrates in the Market Square last year, amounting to, £48. 2. 3-i Matthew Priestnan's a/c., being a Balance due him for Gravelling the Streets in York last year by contract with the Magistrates.- £100. to be paid out of the l/Iarket Rent Fund, and the remaining £69.0.4 out of the Police Fund, • • • • • £169. o. 4 The Account of Doctor Widmer for medecine and attendance by Order of the J:viagistrates, to be paid out of the District Treasury, Attendance on sick in Gaol, •••• • 4.15 • The Account of c. Fothergill, Esq;, for advertising time of Meeting of Magistrates for granting Tavern Licenses and to Petition Parliament for a Tax on Dogs (District Treasury), ••••••.•.••..•• 2. 1. 3 The Account of c. Fothergill, Esq., for Printing and Sticking Rules & Regulations of the Market, (Police), • • • • • • • • • 4. 5. The Account of James Parker as Gaoler, his Contingent Account chargeable against the District Treasury, ••••••.•••• . 40.18. The Account of James Parker as Gaoler, his Salary and for maintenance of Margaret Finch, 27. 6. 5 The Sheriff's a/c. for Summoning Juries, chargeable against the District, ••• . .. 26. 6. 3 Do. ~o. his Contingent a/c.,chargeable do.do. 25.10. 2
Do. Do. his a/c. by Order According to Statute do.do, •••••.•• • 5. 1. 6 The a/c. of Thomas Hamilton as Coroner,do.do.do.37. 7. 8
The a./c. of Arad Smalley, as do. do. do., •• 1.12. 6 - 190 - ADJOURNED G1L11ERA1 OU ARTER SESSIONS . OF THE PEACE w - 25th May, 1825, continued.
The Board then took into consideration the appointment of Constables for the Home District, for the Current year; those appointed are as follows:- William Robinson, High Constable. TOWN OF YORK.• TOWNSHIP OF YORK. 1. Christopher Elliott, 1. John Coomer, ) 2. James Johnston, 2. Henry Tusmire, ) Yonge Street. 3. James Shannon, 3. James Anderson,) 4. John Roddy, 5. Joshua Vanallen, 4. John Clarke, ) 6. Morrison Stone, 5. John Chew, ) Humber. 7. William Cooper, 6. Richard Darker,) 8. John Glasgow, 9. John Chapman, 7. James McClure, Bay. 10. Matthew Walton.
TOWNSHIP OF PICKERING! TOWNSHIP OP WHITBY. 1. John Blair, 1. Michael Wilcox, 2. William Matthews, 2. Hazard Watson, 3. Thomas Dehart, 3. Sanford Martin. TOWNSHIP OF SCARBORO'. 1. Joseph Secord, 2. Charles Palmer. J. Hewett, Whitchurch, Arthur Mooney, Brock, Jeremiah Graham, East Gwilliambury, Jos. Dunham, Tecumseth, Peter Rush, King, Ralph Smalley, North Gwilliambury, John Evans, West Gwilliambury. Gar bet Gray, ) Michael Powers,) Vaughan, 1. John Freeman, Chinguacousy, West C. Road, 2. Robert Tremble, " East C. Road, John Fairheller, Markham, Christian Hagler, r,
The Court then Adjourned to Wednesday next the 1st day of June. - 191 -
ADJOURNED GENE~!~~_gJ,:~ARTER SES~_!_QJJS OF THE PEACE York, 1st June, 1825.
The Court met Pursuant to Adjournment. Present Alexander McDonell, Esquire, Chairman, Darcy Boulton, the Younger,) Grant Powell, ) Esquires, Justices, R. G. Anderson, & ) &c. Stephen Jarvis, )
J. Hugle, late Path Master for the Town of York, submitted his Account of Receipts and Payments for Statute Labour performed by his directions last year to the Court, which was examined and Ordered to be Filed. The Balance appearing in his hands now to be £11.5.3-.
The Petition of William Devinish, Henry Howell, and others of the Townships of Scarboro' and York, residing in and near the Town Line, dividing said Townships, was submitted to the Court.
Ordered that William Devinish be the Path Master for the Current year for the above named Road, and that those Persons who signed the said Petition, and others residing on said Concession or Township Line of Road, do perform their Statute Labour thereon according to the prayer of the said Petition.
The Petition of Andrew McGlashan, John Willson, and John Anderson, to be permitted to lay out their Statute Labour on the Road leading from their respective Lots to Yonge Street, for the Current year, was Granted.
The Clerk of the Peace laid his Contingent Account for the last five Months before the Court, which was Examined, Audited and approved, and Ordered, that the - 192 - ADJOURNED GENERAL QUAR~ER SESSIONS OF THE PEACE 1st June, 1825, continued. ---·--·--
Treasurer do pay the same out of the :B.,unds as follows:-
Out of the District Fund,. • . . . . • . £47.10. 6-i"
And out of the Police Fund, •. • . • • • . • • .15. 6 Amounting to, Provincial Currency, . . . £48. 6. Di-
The Court then Adjourned to Wednesday next the Eighth Instant. - 193 - ADJOURNED GENERAL G'~UART:§R S'~SSIONS OF 'J;1HE ~ACE York, 8th June, 1825.
The Court met Pursuant to Adjournment. Present Alexander McDonell, Esquire, Chairman, Stephen Jarvis, ) and ) Esquires, Justices, &c. R. G. Anderson, )
Ordered that Mr. Hugh Carfrae, Surveyor of Streets be directed to contract for crowning King Street with Gravel, to the width of four yards, where it was gravelled last year, commencing at the East end of the rrown, and to be continued until it passes Government House, to the amount not exceeding £100. to be paid out of the Police and District Fund.
And also Ordered that the Order of the 21st of June last, requiring the overseer of Roads to open and repair Hospital and Newgate Streets, from their intersection with Grave Street to Peter Street, be now attended to and completed, from the spot at which the Labour ceased last year to its conclusion, and that he cause drains to be sunk faced with Pine Logs, and covered with Pine Plank where necessary, also that Mr. Carfrae open and repair John Street from its intersection with Lot Street, to its inter- section with Front Street, draining and Bridging with Pine Logs and Planks ·a.s above directed; the whole to be per formed by Statute Labour. The Court then appointed the Persons whose names are underneath written, Constables for the Current year,viz. Daniel Switzer, Constable for Albion. John 11lfurphy, Constable for Caledon. And Ordered that they be Notified of their appointment. The Court then Adjourned subject to the call of the Chairman. Home District) - 194 - York to Wit. ) (Home District York to Wit.)
AbJ9U]JmD GENERAL Ql,lARTER SESSIONS OF .. THE _PEACE 21st June, 1825.
A Meeting of the Court was Ordered by the Chairman. Present Alexander McDonell, Esquire, Chairman, Grant Powell, Esquire.
Ordered that the Surveyor of Streets, Mr. Hugh Carfrae, do also continue the repairs of King Street to its Western extremity, and that he do repair Peter Street where necessary.
Ordered that Mr. John Hugle, late Path Master of the Town of York, be allowed the Sum of Twelve Pounds., ten Shillings, Currency, for his Services as Overseer of Roads in the Town of York last year, of which sum eleven Pounds five shillings and three pence is in his hands, for monies received and unexpended on the Road la.st year.
The Balance of one Pound four Shillings and ninepence will be paid to him by the Treasurer of the District on the Clerk of the Peace•s Certificate that the Amount above stated is Ordered to be paid.
The Court then Adjourned subject to the call of the Chairman. - 195 - Home District) York to Wit. ) (Horne District York to Wit.) GENERAL QUARTER SESSIONS OF THE PEACE Holden at York 5th July, 1825.
The Court met. Present Alexander lvicDonell, Esquire, Chairman, Stephen Jarvis, Esquire.
The Commission was opened and Read. The Sheriff returned the Precept. The Grand Jury was called and severally sworn as follows:-
l. Charles S. Murray, 2. Lincoln Witherhill, 11. John Duggan, 3. Robert Marsh, 12. Andrew McKenneday, 4. Barnard Vanderburgh, 13. John Griffith, 5. John Vanderburgh, 14. Thomas Morgan, 6. James Fulton, Junr., 15. William Willson, 7. James Marsh, 16. William Nicholas, a. Hugh Kenneday, 17. Francis Button, 9. Peter Vanderburgh, 18. Peter Woolfe, 10. John Langstaff, 19. Boley Arnold.
The Recognizances of Christopher Hiltz, and George Bishop, were respited to next Court of Oyer and Terminer to be holden for this Home District, and that Henry Church
ill and John Size to be in Custody until they find Bail to appear at next Assizes. The Deputy Sheriff took into Custody forthwith.
The King ) Assault and Battery on John Oxtaby. vs ) Alexander Montgomery,) On being arraigned Plea Confesses. Sentenced to pay a fine of 1/. with Costs, which was paid to Deputy Sheriff in Court.
The King on the Prosecution of) Assault &c. a Traverse from Jane Ruggles vs Jane Jordan, ) January Sessions last. Jury 1. John Beynon, 7. Thomas F'erguson, 2. Noah Sergeant, 8. William Munshaw, 3. William Pegg, 9. Nathan lvliller, 4. James Grant, 10. Danie 1 lv'IcCurdy, 5. Abram Wright, 11. Artemus Whipple, 6. Elijah Wright, 12. Peter Vlilmot. VERDICT NOT GUILTY. The Court then adjourned to ten O'clock tomorrow morning. - 196 - GENER~~ ..QUARTER SESSIONS OF THE PEACE York, 6th July, 1825.
The Court met Pursuant to Adjournment. Present Alexander McDonell, Esquire, Chairman, James lvliles, Esquire.
The Grand Jury appeared with two Bills of Indictments, viz:- The King on the prosecution of) Samuel Edmonson ) For an Assault and Battery. vs ) William R. Caldwell, ) William Richard Caldwell was regularly called but did not answer. Ordered that a Bench Warrant do issue to. apprehend said Caldwell, which was done in Court.
The King on the prosecution of) Assault and Battery. Henry Sproat ) vs ) On being arraigned Pleaded Matthew Priestman, ) not Guilty - and Puts. Jury 1. Noah Sergeant, 7. William Munshaw, 2. William Pegg, 8. Nathan Miller, 3. James Grant, 9. Daniel Mccurdy, 4. Abraham Wright, 10. Artemus Whipple, 5. Thomas Ferguson, ll. Peter Wilmot, 6. John Munshaw, 12. Isaiah Wilmot, Witnesses for Plaintiff. Witnesses for Defendant. Henry Sproat, Robert Bright, John Snell, \Villiam Garbe t. VERDICT GUILTY. Sentenced to pay a fine of 5/. with costs, which he paid to Deputy Sheriff in Court.
The Court then Adjourned to Wednesday next 10 O'Clock at the Clerk Peace's Office. - 197 - ADJOURNED GENERAL------~ OUARTER SESSIONS OF THE PEACE York, 13th July, 1825.
The Court met Pursuant to Adjournment. Present Alexander McDonell, Esquire, Chairman, Grant Powell, Esquire, and Stephen Jarvis, Esquire.
The Petition of Samuel P. Jarvis, Esquire, and thirty other Inhabitants, residing in the vicinity of New Street, in the Town of York, was laid before the Court.
Ordered that the Inspector of Streets do the Repairs required, as named in said Petition., so soon as he has completed those Streets now repairing under his direction.
The Account of James Parker, Gaoler, for three Month's Salary up to 1st July Instant, and for Victuals and attendance on :Margaret Finch,~ Maniac, from the 26th May to the 14th Instant, 7 Weeks at the rate of. 10/. per Week, was approved and Audited, amounting together to £23.10.
The Court then Adjourned subject to the call of the Chairman. - 198 -
AI?JOUH:mn GENERAL QUARTER ·SESSIONS OF THE PEACE
York, 6th August, 1825.
The Court met Pursuant to the Notice of the Chairman. Present Alexander McDonell, Esquire, Chairman. Grant Powell, ) and ) Esquires, Justices, &c. Ste~hen Jarvis,)
Application was made to the Court by John Lumsden, Mrs. Carroll, William Adams, J. Glasgow, Daniel Stafford, and Thomas Moseley, to have the Assessment Roll of the Town of York amended; stating to the Court that their dwelling
Houses had been returned as Merchant's Shops also by the Assessor, and that they only sold Country produce. It appearing to the Court that their Statement was correct. Ordered that the Assessment for the Town of York for the Current year be amended accordingly.
Ordered that an Address be presented to His Excellency the Lieut. Governor, praying that he would be pleased to direct the Secretary of the Province to furnish the Home District with a true Set of Weights and Measures, under the provisions of an Act passed in the 4th year of His present Majesty's Reign, to that effect.
Ordered that Er. Hugh Carfrae be paid the Sum of
Six Pounds Seventeen Shillings and 3t in addition to the
£1.17.8!, the Balance in his hands, as by his Account rendered for repairs done in the Market Square and New Street, to remunerate him for his attendance in carrying into effect the Orders of the Session in that respect.
The Court then Adjourned subject to the call of the Chairman. - 199 -
11th August.
A Certificate, and Order, on the Treasurer of the Home District, in favour of Matthew Priestman, for· Fifty Pounds Currency, for Gravelling King Street, (to be paid out of the Market Lot Fund), was Ordered to be given this day by the Chairman. Home District) - 200 - York to Wit. ) (Home District York to ~it.)
ADJOURNED GENERAL QUARTER SESSIONS OF THE PEI1.Cm 20th August, 1825.
The Court met Pursuant to Notice of the Chairman. Present Alexander McDonell, Esquire, Chairman, Grant Powell, Esquire.
The Petition of Joseph Sheppard, of the Township of York, in behalf of the Farmers of the Home District, about to build a Store House and Wharf on a Water Lot in front of the Market Place, praying to be allowed to make
use of the earth on the bank in front of said Vlater Lot and Market Square to fill up the underpart of the intended Store House, by sloping down the same, and to make and gain ready access·to the said Water Lot.
The Court taking the above application into con- sideration, consider the same Inadmissible, so far as
respects the Bank in front of the Water Lot in ·question, but the Petitioners may scale down George Street from the level of the Beach to Palace Street, but in such a manner as not to encroach on the level of the last named Street, and to be done subject to the inspection of the Surveyor of Streets·.
Jeremiah Arnold was appointed by the Court over- seer of Roads, from Davis' Corner to Yonge Street, in the Township of York, in the place of A. Baldwin, Esquire,
appointed by the last Town h1eeting, and was accordingly Notified thereof.
The Court then Adjourned subject to the call of the Chairman. - 201 - ADJOURNED GENERAL QUARTER SES~)IONS OF ·rHE PEACE York, 27th August, 1825.
The Court met Pursuant to the Summons of the Chairman. Present Alexander McDonell, Esquire, Chairman, Grant Powell, ) Stephen Jarvis,) Esquires, Justices, &c.
Ordered that the following Police Regulations respecting the Streets of York be adopted, and inserted in the, York Gazette, and also put up in a Public place in said Town.
WHEREAS the Carriage Way in King Street, in the Town of York, has been made at a great expense, and it is expedient that the same should be secured from damage caused by obstructing the Water Courses by the careless and unskilful opening of Private Drains in the said Street, and other causes, - It is therefore hereby Ordered by the Justices of the Peace for the Home District in Adjourned Session assembled, that from, and after, the due publica- tion of this Order, it shall be the duty of the Surveyo1- of Streets for the said Town, when notified for that pur- pose, personally to superintend and direct the opening, and covering in of all such private drains in such manner as to prevent, as f~r as may be, any impediment to the proper draining of the surface.
AND it is further Ordered that after the due publication hereof, if any owner or occupier of any House, Lot or Premises situate on King Street aforesaid, shall make any drain from the same, through any part of the said Street, without having previously given Notice to the - 202 -
Surveyor of Streets of his intention to do so, and when; such persons shall forfeit and pay the Sum of forty shill ings.
ORDERED that Persons convicted of offenses against the Police Regulations, relating to Nuisances in the Streets, passed 14th May 1817, and 21st June 1823, shall be subject to a penalty of not less than 10/. for each offense, and the Surveyor of Streets is required to inform against all such offenders as may come to his knowledge.
The Court then Adjourned subject to the Call of the Chairman. Home District) (Rome District York to Wit.) - 203 - York to Wit. ) ADJOURNED GENERAL _Q..UARTER SESSIONS OP THE PEACE
York, 10th September, 1825.
The Court met Pursuant to the Call of the Chairman. Present. Alexander McDonell, Esquire, Chairman, The Honorable William Allan, Darcy Boulton the Younger,) and Stephen ~Jarvis, ) Esquires •
. The Account of Thomas Carfrae, Junr., for repair- ing the Public Pump in the Market Square, Amounting to 10/. was submitted to the Court, passed and Audited, and filed.
William Preston was firted the Sum of ten Shillings for purchasing a quantity of Butter in the Market against the Police Regulations,- five shillings was paid to the Clerk of the Market and five shillings to the Clerk of the Peace, to be paid to the Receiver General.
Ordered that Mr. Hugh Carfrae be directed to contract with such person, or persons, who may be willing to repair and improve Yonge Street from Thomson's Corner to Daniel Tier's Inn, to an amount not exceeding ten Pounds, also to contract for repairing and improving Lot Street from Charles Dennison's Corner to the Dugway, to an amount not exceeding five Pounds.
The Court then Adjourned to Saturday next,
10 O' Cloc1<.. Home District) (Home District York to Wit.) - 204 -· York to Wit. ) ADJOURNED GENERAL QUARTER SESSIONS OF THE PEACFl 17th September, 1825.
The Court met Pursuant to Adjournment. Present Alexander McDonell, Esquire, Chairman, The Honourable William Allan,) Stephen Jarvis, and ) Esquires. Darcy Boulton the Younger, )
The Treasurer submitted his Accounts to the Court, which were examined, passed and Audited. The Balances in each appear as follows:- District Account (Balance paid to the Bank), • £133.12.11! Market Lot Fund, (Balance in hand), • • • • 146.13.10 Po 1 ice Fund, ( " 0 n ) , • • • • • 6 • 0. Bi Against which Fund is Mr. Stotesbury's half year's Salary to 5th June, for taking care of the Fire Engine, £12.10.
11v1r. Hugh Carfrae, Surveyor of Streets, ma.de a Return of persons who have neglected to work, or pay, for their Statute Labour in Town this Current year, which was laid before the Court.
Ordered· that the Clerk of the Peace do Summon them to attend at an Adjourned General Quarter Sessions of the Peace to be holden at the Office of the said Clerk of the Peace on Saturday next, the 24th Instant; their Names are as follows, viz:-
James Malone, two days. Michael Malone, two days, John Snell, five days, (since paid) Thomas Fenwick, two days, ( since paid) James Sherburn, eleven days.
The Court then Adjourned to Saturday next the 24th Instant. Home District) - 205 - York to Wit. ) (Home District York to Wit.) ADJOURNED GENERAL QUJ\R~R SESSIONS OF THE PEACE York, 24th September, 1825.
The Court met Pursuant to Adjournment. Present Alexander :McDonell, Esquir•e, Chairman, The Hon'ble. William Allan, ) Grant Powell, ) Stephen Jarvis, ) Esquires, Justices, Darcy Boulton, and ) &c. Christopher Widmer, )
The Petition of John Lea to be permitted to perform his Statute Labour for the Current year from his House to the Public Road, in the Township of York, near the Don. Ordered that John Lea do explain if the Road so to be opened is intended to cross his own Land only, or other private property.
And Ordered that the Honourable William Allan and Grant Powell,Esquire, be a Committee to revise the
prices ,of Rent affixed by a former Average to the Vacant Lots in the Market Square, and that they do make their
Report by Saturday next, the 1st October, to which day the Court adjourned to 10 O'Clock. Home District) - 206 - York to Wl t • ) (Home District York to Wit.) ADJOURNED GENERAL QUARTER SESSIONS OF THE PEACE York, 1st October, 1825.
The Court met Pursuant to Adjournment. Present Alexander ·McDonell, Esquire, Chairman, The Hon'ble. William Allan,) Grant Powell, ) Esquires, Justices, &c. The Petition of John Lea was again submitted to the· Board. Ordered that the Petitioner be allowed for the present year, to perform his Statute Labour on his own Lot; but not to encroach on that Lot belonging to Doctor Lyons, or any other person.
The Account of George Patterson for cutting the Rushes in front of the Market Place this present year was presented to the Court, and Audited, and directed to be paid out of the Market Lot Fund, amounting to, £3.10.
The Clerk of ·the Peace submitted his Accounts against the District, Police, and Market Lot Fund, which were examined, approved, and Audited, as follows:- Account against the District amounting to, •• £73.19. 4 " " " Police " ". • • 2.10. " " " Market Lot Fund, • • • .16. £77. 5. 4 '!'he Report of the Committee appointe-d to revise
·the prices of Rent affixed by a former Average to the Vacant Lots in the Market Square, was submitted with a Diagram of the same, and Ordered that the Clerk of the Peace do cause fair Copies of the said Diagram to be, made, and affixed at the Office of the Clerk of the Peace and the Hon'ble. William Allan, Treasurer of the District; and the Report of the Committee and Diagram to be filed in his, the Clerk of the Peace's, Office. The Court then Adjourned subject to the Call of the Obairman. Home District) - 207 - York to Wit. ) (Home District York to Wit.)
ADJOURNED GZ1~ERAL QUARTER SESSIONS OP THE PEACE holden at the Office of the Clerk of the Peace on Saturday, the 8th October, 1825.
Present Alexander McDonell, Esquire, Chairman, William Allan, ) Grant Powell, and ) Esquires, Justices, &c. Christopher Widmer,}
Ordered that the Chairman do apply to the Secretary of the Province for a Certified Set of the following Measures and Weights, viz.- Dry Measure,! Bushel, Peck, Gallon,.and Quart. Wine Measure, Gallon, Quart, Pint, Half Pint, and Gill. All the Weights to be compared.
Ordered that Cory Coulson be appointed from this date, Inspector of Weights and Measures.
The Court then Adjourned Sine Die. Home District) - 208 - York to Vii t. ) (Home District York to Wit.)
GENERAL QUA~~q')b1} SESSIONS OF THE PEACE York, 22nd November, 1825.
Present Alexander McDonell, Esquire, Chairman, James lvliles, and ) Esquires, Justices, &c. Christopher Widmer,)
The Commission was opened and read. The Sheriff returned the Precept. The Grand Jury was called and severally Sworn as follows:- 1. Joshua Clarkson, Foreman, 2. James Mustard, 10. Stephen Moore, 3. Henry Pingle, 11. Reuben Herrington, 4. John Dehart, 12. George Mustard, 5. Nicholas Hagerman, 13. Robert Armstrong, 8. Francis Stiver, 14. Frederick Peterson, 7. Alexander Milne, 15. Josiah Hemmingway, 8. Daniel Hunter, 16. Henry Crosby, 9. Alexander Hunter, 17. Samuel Bentley, 18. Sinclair Holden. The above Jury vtas Charged by the Chairoan, and Matthew Walton, Constable, Sworn to attend them during the Sessions. Petty Jury were then called. The Grand Jury appeared in Court with the follow- ing Indictment: - The King ) F,or keeping a House of ill fame, or Disorderly vs ) House; on Moore being arraigned he pleaded John Moore,) not Guilty; whereupon a Jury was empaneled:- Jury 1. Frederick Stiffens, 7. Richard Bently, 2. John Stum, 8. George Bishop, 3. Cirus Lane, 9. John Perkins, 4. Jesse Lawton, 10. John Wilson, 5. Joseph Press, 11. Thomas Hasty, 6. Andrew Lawson, 12. Jonas Lott. Witnesses. Andrew Thomson, VERDICT NOT GUILTY. Patrick O'Brien, Isaac Fangman. - 209 -
GENERAL~ QUARTER SESSICH~3 OF THE PEACE 22nd November, 1825, continued.
The King ) The Grand Jury appeared with an Indictment vs ) for an Assault and Battery on Chapman. James Givens,)
On the Court sending for Colonel Givens, the matter was withdrawn. (Query, if Costs to Districts.)
David Phillips was discharged by Proclamation, and the Court Adjourned until 10 O'clock, tomorrow. - 210 -
Wednesday the 23rd November, 1825.
The Court met Pursuant to Adjournment. Present Alexander l\JlcDonell, Esquire, Chairman, James Miles, Esquire.
John Watson, and Solomon Churchill, Catharine Maxon, William Maxon, Nehemiah Avery, and Hannah McVae Sworn to give Evidence before the Grand Jury.
The Grand Jury soon appeared with an Indictment against Stephen Rogers, James Eaves, Isaac Eaves, Horace Foster and Charles Matthews, for an Assault on Catharine Maxon, a true Bill. The King ) Violent Assault. A True Bill. vs ) On being arraigned Pleaded Stephen Rogers & others,) Not Guilty. A Jury empaneled as follows:- 1. Jacob Pingle, · 7. George Bishop, 2. Frederick Kepkie, 8. John Perkins, 3. John Stum, 9. John Willson, 4. Cyrus Lane, 10. Thomas Hasty, 5. Jesse La\vton, 11. Jonas Lott, 6. Joseph Press, 12. John Cline. Witnesses (Pro.) Catharine Maxon, VERDICT, all five Guilty. William Maxon, Nehemiah Avery, Sentenced to pay a fine of £5. Solomon Churchill, Hannah t 1IcVae, each and to remain in Gaol one month and then till Costs and Fines are paid.
The King ) The Grand Jury appeared and were called and vs ) presented to the Court the Indictment against George Gill,) George Gill for Petty Larceny, as Not a True Bill. Cos ts to Samuel l.ilanning. Elizabeth Pierce, a Woman of Colour, Bound to give Evidence at the next Court of Oyer and Terminer against Peter Scottt for maliciously Shooting at her with a Musket or Fuzee loaded with shot. Recognizance £20. The Court then Adjourned to to-morrow morning 10 O'Clock. - 211 -
COURT GENERAL QUARTER SES =:_r o~s OF THE .PEACE York, 24th November, 1825.
The District Court having opened at 9 O'clock.
The Court Adjourned till to-morrow morning, 10 O'clock. - 212 -
COURT OF GENERAh.__9JJ_ARTER SESSI6NS Of THE PE[i_C_E__ York, 25th November, 1825.
The Court met Pursuant to Adjournment. Present Alexander McDonell, Esquire, Chairman, James Miles, Esquire.
A Complaint was made by John Roddy, Constable, against George Norris, and Thomas Mix for refusing to assist John Roddy, Constable, to secure a prisoner for a breach of the Peace &c. by advising and aiding the Prisoner to escape. As the Magistrate's Warrant and other papers were not in Court, it was Ordered, That the Recog nizances of the Parties, George Norris and Thomas Mix, be respited to next January Sessions, and other Indict ments and proceedings to stand over to that Court.
The Court then Adjourned to Saturday the 3rd December, at the Office of the Clerk of the Peace, at 11 O'Clock. Home District) - 213 - York to Wit. ) (Home District York to Wit.)
AD~TOURNED_~ GENERli~_(lUAR'rER SESSIONS OF THE _I~~ACE York, 3rd December, 1825.
The Court met Pursuant to Adjournment. Present Alexander McDonell, Esquire, Chairman, Christopher Widmer, and Darcy Boulton the Younger.
The Speaker's ',Narrant in favor of William Thomson, Esquire, M.P., for his Wages during last Session of Parliament, for representing the counties of York and Simcoe, dated the 30th April, 1825, was audited and passed, amounting to £47.10. and Ordered to be raised in addition to the Assessment of the Current Year.
The Account of William McNelly for cleaning and taking care of two children belonging to John Moore, then a Prisoner in the Gaol at York, from the 1st to the 22nd November last, three weeks and one day, at the rate of 7/6 each per week, amounting together to £2.7. Pro. Cur rency, was this day Audited and passed and Ordered to be paid out of, and charged to the Market Lot Fund. Ordered that the Clerk of the Market have the Weights, now in his possession, compared with those of the like description in the Office of the Secretary of the Province; and that he procure a Bushel, half Bushel, Peck, and half Peck Measures, to be made of White Oak, with two Iron Hoops, one at top and one at the bottom, and an Iron pier in the centre connected by an Iron Strap to the uppermost hoop and square with the top.
The Account of James Parker, as Gaoler, for - 214 -
ADJOURNED GEN1~RAL QUARTER SESSIONS OF1 THE PEACE York, 3rd December, 1825, continued.
three Months' Salary was presented, amounting to £20. and Maintenance of Margaret Finch, a Maniac, • . • 10. Amounting together to, • • • • • • • £30.
Was Ordered to lie over until the Treasurer has Funds to pay the same.
The Court then Adjourned to Saturday the 10th Instant, 11 O'Clock. - 215 - ADJOURNED GENERAL QUARTER SESSIONS OF THE PEACE York, 10th December, 1825.
The Court met Pursuant to Adjournment. Present Alexander· McDonell, Esquire, Chairman, Christopher Widmer., Esquire.
Ordered that the Clerk of the Pea.ce communicate to the Secretary of the Province, that the Magistrates of the Home District in Adjourned General Quarter·sessions of the Peace Assembled, cheerfully acquiesce to the Weights and Ivle·asures of the approved Standard being made ·under his Superintendance.
The li.1emorandum of Estimate received at the Secretary's Office, respecting Weights and Measures, is as follows, viz:- l S•t of Wine Measures from a Gallon down to ) a half Gill. ) ) 1 Set of Winchester from a Gallon down to a ) £14.0.0 half Pint. ) ) l Set of Brass Weights from a 56 to a Draehm. )
Bushel, half Bushel, and Peck not included, supposed to be made of Wood, as per Order of the 3rd Instant.
The Court then Adjourned to Monday the 19th Instant, (subject, nevertheless, to a call from the Chairman), 11 O'Clock. - 216, -
ADJOURNED GENERAL QUARrrER SESSIONS Ol:i1 rrHE PEACE York, 19th December, 1825.
Present Alexander McDonell, Esquire, Chairman, Christopher Widmer, Esquire.
In the Cause of the King against S. Rogers. et a1 for a Riot and Assault and Battery on Catharine Maxon, Wife of William lviaxon, for which they were found Guilty at Court of General Quarter Sessions, holden for the Home District on the 23rd November last, and Sentenced to pay, a fine of £5. each, and to be committed to Gaol for one Month, and there to remain till Fine and Costs were paid, A Bill of Costs was submitted to the Court, and Taxed and Signed by the Clerk of the Peace, Amounting to, £7.7.6
The Court then appointed William Divinish a Special Constable to hold Town Meetings in Scarboro' on the first Monday in January next, and signed Wa.rrants directed to Constables to hold Town Meetings in the Town of York, and for Township of York, Townships of Scarboro', Albion, Adjala, Caledon, Mono and Mulmur on the first Monday in January next.
The, Court then Adjourned, subject to the call of the Chairman, to Thursday the 5th day of January next, the day on which applications for Tavern Licenses will be received. - 217 - ADJOURNED GENERAL QUARTER. SESSIO~S OF THE PEACE York, 5th January, 1826.
The Court met Pursuant to Adjournment. Present Alexander :Mc Done 11, Esquire, Chairman, Christopher Widmer, ) The Honorable William Allan,) Es~uires, Justices, and Darcy Boulton the Younger, ) &c.
The following applications for Tavern Licenses were submitted to the Court, and Granted or Refused, as Noted underneath. Sums to REMARKS. be Paid.~ ~--~~~~-----=-.=...... ,;;;;:._..;;;....;...~~~~~~...;::...::...;.;..;:;.;.....::.;:.;:.;.;::_.;;:...;;...;....;;.;.;;:;..;.~:;..;:;...N A M E S. TOWN AND TOWNSHIPS. 1. Mrs. Jane Jordan, Town of York, License at £10. 2. Thomas Simpson, tt " " n " 10. 3. Joseph Bloor, It n rt u n 10. 4. Charles Franks, H " tt tt f1 10. 5. George B.R.Kendrick, ff n II It ft 10. u fl ft 6. John Willmott, ft " 10. 7. Ulick Howard, rt ft It tt tt 10. 8. William Cooper, If " ft " u 10. 9. Thomas Hamilton, tt tt " n " 10. 10. Joseph Sherburne, It ti " Refused. 11. Adna Bates, Junr., " n " License at 10. 12. Jacob Snider, Junr., Township of York.Nr.Cor.Y.St.do.10. 13. Alexander Montgomery, u 11 11 do. do. 10. 14. A. M. Farewell, " Whitby, License at 6. 15. John Still, n " 11 u 6. 16. George W. Post, ft tt ti 6. 17. John Karr, n tt n II 6. 18. John Blair, Pickering, ft fl 6. 19. Levi Annisee, " Scarborough, It u 6. 20. Adna Bates, Senr., ft n " ft 6. 21. Richard Taylor, n f1 " " 6. 22. David Thomson, n ,t Bye Road, " tt 3. 23. Thomas Richardson, fl York, D.St.,License at 6. ,, tt 24. Elijah Dexter, n tt n 6. 25. Julius M. Sartford, " It ft lt n 6. 26. Zachariah Galloway, n ft tt n ti 6. 27. James Farr, n Humber Plains, ft ft 6. 28. William Dallimore, 0 Yonge Street, ff ft 6. 29. Michael Whitmore, n n rt " n 6. 30. Martin Snider, tt " " fl " 6. 31. Thomas Sheppard, fl ft " n fl 6. 32. John Montgomery, 11 ft " n II 6. 33. Amasa Willcox, " Etobicoke, D.St. n " 6. 34. Thomas Dawson, " H Humber B.Rd. " " 3. 35. James Boyce, " " Ds • S t • " n 6. 36. Stannus Daniels, n Toronto, D.St. " " 6. 37. John Hollister, rt n nu u ft 6. n 38. Peres S. Dean, "Streetsville, ft " 3. n tf 39. Mary Hyde, ft " 3. 40. John Embleton, tt fl tt n 3. £267. - 218 -
Sums to NAMES. TOWN AND TOWNSHIPS. REMARKS.be Paid. - £. s.d. Amount brought forward, • • £267. 41. John Coiner, Township Vaughan,Y.St.License £6. 42. James Raymond, n n 11 6. 43. Archibald Wright, ft " " " 6. 44. J.ame s Devine, n Markham, "' 3. 45. John Duggan, " " " 6. 46. Bar. Vanderburgh, n n ff 6. 47. Peter Wolfe, ft ft Bye Road, " 3. 48. John Gox-don, " King, u 6. 49. Nathaniel Gamble, " King, " 6. 50. William Barber, u Whitchurch N.Market,u 6. 51. Joseph Hewitt, n tt tt rt n 6. 52. Charles c. Lunt, n York, n 6. 53. John Chew, " " Bye Road, 0 3. 54. George Hutchinson, n " 6. 55. John Henery, n Scarborough, "' 6. 56. James Odele Roach, "Etobicoke, " 6. 57. Thomas Balderson, Oro, ·peneta.nguishene Rd.," 3. £357. MEETINGS OF THE HOME DISTRICT
1 8 2 6. Home District) (Home District York to Wit.) - 219 - York to Wit. ) GENERAL QUARTER SESSIONS OF THE PEACE
York, 10th January, 1826.
Present Alexander McDonell, Esquire, Chairman, Grant Powell, ) and ) Esquires, Justices, &c. Christopher Widmer,)
The Commission was opened and Read. The Grand Jury called and severally Sworn as follows:- 1. Jacob Wintersteen, Foreman, 2. John Button, . 11.John Hamilton, 3. William Reynolds, 12. Garrett Vanzantee, 4. John Marr, 13. Cornelius Johnson, 5. William Marr, 14. Thomas Whaley, 6. William Anderson, 15. Joseph Tomlinson, 7. Philip Badgerow, 16. David Morden, 8. Jolm Boiles, 17. James Forsyth, 9. Peter Johnson, 18. Joseph Brown, 10. Jacob Miller, 19. Ludwick Wideman, 20. Thomas Walker.
Charged by the Chairman and retired. A Constable was Sworn to attend the Grand Jury during the Sessions.
The following Notice was handed by the Chairman to the Clerk of the Peace to be entered on the Records of the Court.
W'HEREAS several dwelling Houses, Shops, and Taverns in this Town have projecting Communications leading to them, which much embarrass and impede the passage of the foot ways, to the great annoyance of persons walking thereon, especially after dark. And Whereas the public convenience
requires that such Nuisances should be abated, NOTICE is hereby given by the Magistrates in General Quarter Sessions Assembled, that the owner, or the occupier, of a House, Shop
or Tavern, who after the first day of July now next ensulng, shall. have either Porch, Steps or a passage leading to an under ground Storey encroaching on the Foot way, shall be - 220 - GENERAL OUARTER SESSIONS OF THE PEACE 10th January, 1826, continued. deemed as persisting in a Common Nuisance and proceeded against accordingly.
Ordered that the above Notice be published in the Upper Canada Gazette once a month until the first of July.
The Grand Jury appeared in Court with a Bill of Indictment. Rex ) vs ) Assault &c. No Bill. Alexander Ferguson,)
Ordered that Hector McQuarry do pay Costs, which were Taxed at £1.9.6 Pro. Currency.
The Account of Arad Smalley, Surveyor of Roads, for examining, laying out, and making Report of a Road leading from West Gwilliambury to the head of Kempenfelt Bay on Lake Simcoe, was Audited this 10th January, 1826, and Ordered to be paid from the Road money of the Township of Innisfil, amounting to, . . . . . • • £12. 2. 6 A 1 s o Arad Smalley, Surveyor of Roads, Account for Examining and laying out and making Report of a Road from Lot No.27 in the 3rd Con cession of East Gwilliambury to Lot No.33 in said Concession, 5 days at 7/6 per day, which was Audited and Ordered to be paid out of the Road Money of Innisfil, ••••• £ 2.17. 6 £15. o. 0
The Court then Adjourned to to-morrow morning, 10 O'clock.
® See pages 223 - 4. Home District) - 221 - York to Wit • ) (Home District York to Wit.) GENERAL QUARTER SESSIONS OJ? THE P~_b.CE York, 11th January, 1826.
The Court met Pursuant to Adjournment. Present Alexander McDonell, Esquire, Chairman, Grant Powell, Christopher Widmer, James Fitzgibbon, Charles R. Horne, Robert G. Anderson, James Black, and The Honourable William Allan.
William Marsh, a Calvinist Baptist Minister, attended by seven respectable Persons, who acknowledged and declared themselves of his Congregation, made applica- tion to the Court for a License to celebrate the ceremony of Matrimony, due Notice thereof having been given, and
having been examined by the Court and then took the Oath of Allegiance. A License was Granted him accordingly for
that purpose.
The Grand Jury appeared in Court with a Present- ment against James Falconer, Isaac Falconer, John Van- valkenburgh, Loyal Vanvalkenburgh, Michael Schiller, and Elias Coody, and other persons, for a Riot at the Town- ship of Toronto and also an Assault and Battery on John Whitesides the Elder, and John Whitesides the Younger, on the evening of lv1onday the Second day of January Instant. Bench Warrants were Ordered immediately to issue directed to the Sheriff, his Deputies, and Constables, and that an Indictment be immediately drawn up to go before the Grand Jury on the same.
The Court then Adjourned to to-morrow morning, 10 o•c1ock. Home District) (Home District York to Wit.) - 222 - York to Wit. ) GENERAL QUARTER SESSIONS OF THE PEACE York, 12th January, 1826.
The Court met Pursuant to Adjournment. Present Alexander MoDonell, Esquire, Chairman, Robert G. Anderson.
Rex ) Rescue and preventing and threatening a vs ) Constable when on the due Execution of George Norris,) his duty, and for Assaulting him. William Cooper, Sworn to attend the Grand Jury during the continuance of the present Sessions. The former Constable sworn to perform that duty, John Chapman, reported sick. On George Norris being brought to the Bar pleaded_ not Guilty. Jury 1. Charles Luna, 7. Daniel Moore, 2. James Pettybone, a. Joseph Marr, 3. John Hamilton, 9. Iohabid Rooker, 4. John Earl, 10. William Shieffield 5. Cirus Badgerow, 11. John Hatter, 6. Justus Reynolds, 12. Joseph Long, Witnesses. Pro. Witness. . Con. John Roddy, J-mes Smith. Robert Beard. VERDICT, Guilty of Second Count in the Indict- ment only.
Sentenced to pay all costs and give Sureties of the Peace for Six Months, and particularly towards
John Roddy and F'amily._
Ordered that Thomas Mix do enter into Recogni zance for his appearance at the next Court of General Quarter Sessions of the Peace to be holden for this District, and answer to all matters and things as shall
then and there be produced against him, himself in £40. - 223 - GENERAL QUARTER·SESSIONS OF THE PEACE 12th January, 1826, continued.
and two pledges £20. each, .which he did as follows:- RECOGNIZANCE. CONDITION. Thomas Mix, £40.) To appear at next Quarter Ses- .Matthew Priestman, 20.) sion of the Peace and answer, Michael Whitmoore, 20.) &o. George Norris appeared with his Bail; RECOGNIZANCE. CONDITION. George Norris, £40.) That George Norris do keep the .John Wedge , £20.) Peace for six Months, towards . Matthew Priestman, £20.) all his Majesty's liege subjects and particularly towards John Roddy. RECOGNIZANCE. (Taken on 16th) CONDITION. (Jan'y.) John Whitesides the Elder, £20.) That John Whitesides John Whitesides the Younger, £20.) the Elder and.John Whitesides the Younger, do appear at next Court of General Quarter Sessions of the Peace and give Evidence against James Falconer and others for a Riot and Assa.ult and Battery on them, the said John Whitesides the Elder and John Whitesides the Younger.
On the tenth Instant a Report of Arad Smalley, Surveyor of Roads, for a new Road commencing on the line Queen Street, was submitted to the Court and Confirmed, which is as follows:- COMMENCING in the line of Queen Street One Chain North of the N.W. Angle of Lot No.27, then N. 12 Degrees E. 85 Chains; N. 18 Degrees 30 Minutes VT. fifteen Chains to the Causeway in East Gwilliambury, from Lot No.27 in 3rd Con. East Gwilliambury, to Lot No.33 in the said Con- cession.
And also the Report of Arad Smalley, the said Surveyor of Roads, for a New Road from the 6th Concession of the Township of West Gwilliambury to the Northern - 224 -
Boundary of Innisfil as follows:- C01ilv1ENC I NG on the centre of the Allowance for
Road between Lots Nos. 15 and 16, and at the South side of the 7th Concession of the Township of West Gwilliambury 1st. N. go. 30n w. Distance, 503 chains, 50 links, 2nd. N.43°. w. tt 23 ft 3. N.20°. E. tt 25 ft 4. N. go. 30" VI• " 524 " 5. N.40°. E. fl 24 !1 6. N.25°. E. ft 15 " 7. N. go. 30" w. H 12 fl 50 links, 8. N.47°. V1. ft 20 ff 9. . N.15°. 1/[. n 27 tt 50 It 10. N.45°. w. n 15 n 11. N.79°. 30n w. n 147 ti 34 II 12. N.60°. w. ft 93 " 13. N.20°. w. t1 70 If 14. N.73~. 30'' w. " 40 rt 15. N.50. w. fl 67 " 16. s.so0 • w. n 43 rt 17. N.60°. w. f'1 10 "
Confirmed in General Quarter Sessions of the El Peace 10th January, 1826. The Road to be sixty feet wide.
The Court then Adjourned to Saturday the 21st Instant, to be holden at the Office of the Clerk of the Peace, 11 O'Clock.
~ See page 220. Home District) - 225 - York to Wit. ) (Home District York to Wit.) GENERAL QUARTER SESSIONS OF THE PEACE York, 21st .January, 1826.
The Court met Pursuant to Adjournment. Present Alexander MeDone11, Esquire, Chairman, Christopher Widmer, Esquire.
Laid the Account of the Clerk of the Peace before the Court to the 31st December last, which was examined and Audited, to the Amount of, against the District, •••.•••. . . . £30.19. 4 And against the Market Lot, •••••• . . . • 8. £1.3.lli Intere1t on a former a/c. not paid till 14th Instant, Suspended.
Province Currency, • • • • • £31. 7. 4
The Account of James Parker, Keeper of Home District Gaol,for Salary, arid Maintenance of Margaret Finch, a Maniac, for 20 Wee~s, from 1st July to 1st October, 1825, amount ing together to £30. was also Audited and Passed, •••••••••••••••••• £30. o. O Pro. Currency, ••• -· •------£61. 7. 4
The Court then Adjourned subject to the call of the Chairman. Home District) (Horne District York to Wit.) - 226 - York to Vii t. )
ADJOURNED GENERAL QUARTER SESSIONS OF 'rHE PEACE York, 1st April, 1826.
The Court met Pursuant to the Summons of the Chairman. Present Darcy Boulton, Esquire, Chairman, Christopher Widmer, Esquire.
The Account of Richard Brewer Cooper, for making a Set of Measures for the District, viz:-
1 Bushel, ) Amounting to £3.10. Currency, was approved ! Bushel, ) a Peck, and ) and Audited. a half Peck, )
The Court then Adjourned subject to the Call of the Chairman. Home District) - 227 - York to Wit. ) (Home District lork to Wit.) GENERAL QUARTER SESSIONS OF THE PEACE holden at York, for the Home District, on Tuesday the Second day of May, 1826.
Present Al&xander McDonell, Esquire, Chairman, Darcy Boulton, the Younger,) Grant Powell, and ) Esquires, Justices, Christopher Widmer, ) &c.
Proclamation of Silence being made, The Commission was opened and read. The Sheriff returned the:Precept. The Grand Jury was called and sworn as follows:- 1. John Cawthra, · Foreman, · 2. Peter Graham, 9. John Hartman, 3. Adam Graham, 10. James Lloyd, 4. George Lount, 11. John Ashton, 5. Daniel McLeod, 12. James MoCauslin, 6. Thomas Cosford, 13. James Edmonson, 7. Elijah Hawley, 14. Ellis Hughes,, a. David Walton, 15. Charles Hughes, 16. John Hackins.
Proclamation of Silence again being made, the above Jury was charged by the Chairman, and on a Constable being Sworn to attend them; the Jury retired to their Room with Bills of Indictments.
Various Petitions had been received for the Vacant Situation of High Constable. The Court Ordered that the consideration of. the same do lie over until next Court of Adjourned General Quarter Sessions of the Peace to be holden on Saturday the 13th Instant. And Ordered that in future the High Constable of the District shall at the same time fill the Office, and perform the Duty of Inspector of Police for the Town of York, that is to say diligently to enforce a due obedience to the - 228 - 2nd May, 1826, continued.
Regulations of the Police relating to the precautions against fires, and Nuisances in the Streets.
Ordered that David ·atbson be Surveyor of Roads for the Eastern and Western division of the County of York, and that Arad Smalley be re-appointed Surveyor of Roads for the County of York North of the Oak ridges, and the County of Simcoe.
T:he Grand Jury appeared in Court with an Indict ment against Patrick Strange for an Assault on Godfrey Brown, a Man of Colour. Patrick Strange was.called on his recognizance, did not appear. Ordered that a Bench Warrant do now issue against Patrick Strange, which was done in Court.
The Court then Adjourned until to-morrow morning, ten O'clock. - 229 - ADJOURNED GENERAL OUAHTER SESSIONS OJ? THE PEACE Wednesday the third day of May, 1826.
The Court met Pursuant to Adjournment. Present Alexander McDonell, Esquire, Chairman, Darcy Boulton, the Younger,) Grant Powell, and ) Esquires, Justices, William Parsons, ) &c.
The King ) Assault on Godfrey Brown, Traversed to vs ) next Quarter Sessions and that Godfrey Patrick Strange,) Brown's Recognizance be respited to next Court, and Ordered that Patrick Strange's recognizance be respited till next Court of Quarter Ses- sions, or that he do enter into fresh Recognizance for his appearance at next Court of Quarter Sessions to be holden for this District, and in the mean time to keep the peace, which he did as follows:- RECOGNIZANCE. CONDITION. Patrick Strange, £20.) That Patrick Strange do appear John Wedge, £10.) &c. as above Ordered. David McBride, £10.)
The King ) vs ·) Assault, &c. Thomas Micks,) Jury 1. Robert Ross, 7. James White, 2. William Dunham, 8. James Loyd, 3. John Wells, 9. Garret Loyd, 4. George Hare, 10. John Harrison, 5. John Millard, 11. John Allison, 6. Job Wells, 12. Gerard Irvine. Witnesses. Pro. VERDICT GUILTY. Robert Beard, Sentenced to pay a fine of 50/. to be John Roddy. Imprisoned for three days, and until· Costs and fine are paid.
Court then Adjourned till to-morrow morning, 10 O'Clock. - 230 - ADJOURNED GENERAL QUARTER SESSIONS OF THE PEACE York, ·Thursday, the 4th May, 1826.
Present Alexander McDonell, Chairman, Darcy Boulton, Esquire.
Ordered that George Norris do enter into Recog nizance to keep the Peace and particularly towards John Roddy until next Quarter Sessions. RECOGNIZANCE. {not paid) George Norris, £20.) John Widge, £10.) Condition as above. William Cooper, £10.)
John Chapman,a Sworn Constable to attend the Grand Jury, was fined in the sum of 20/. for neglecting his duty in attending said Jury.
The Grand Jury appeared in Court.and their names being called to the number of twelve, they presented a. Bill of Indictment against Kenny and others, for a forcible entry into the House of George A. Darkman, Town ship of Vaughan, viz:- The King ) vs ) Forcible Entry. Plea Puts. Henry Kenny & others,)
Jury
l. Robert Ross, 7. James Vlhi te, 2. John Millard, a. James Lloyd, 3. William Dunham, 9. Garrett Lloyd, 4 •. John Wells, 10. John Harrison, 5. George Hare, 11. John Allison, 6. Job Wells, 12. Gerard Irvine. Witnesses; Pro. 1. George A. Darkman, VERDICT, GUILTY. 2. Peter D. Shephard, 3. Michael Powers, Sentenced to pay a Fine of 4. Peter D. Geer, · 5. John Lyons. ten shillings, and the Costs of Court, and to remain in Custody until the fine is paid and restitution or property. - 231 - ADJOURNED GEN~[AL QUARTER SESSIONS OF THE PEACE York, 4th May, 1826, continued.
The Grand Jury again appeared with a Bill of Indictment. The King ) vs ) Petty Larceny. Lewis Farcie and Margaret Johnson,) Jury 1. George Foster, 7. Elijah Newton, 2. Nathaniel Vernon, 8. Richard Mitchell, 3. Jonathan Patch, 9. Joseph Mowdon, 4. Edward Willes, 10. Joshua Vernon, 5. John Edmonson, 11. Jesse Walton, 6. Samuel Wersoll, 12. Benjamin Ashton. Witnesses. VERDICT Not Guilty. Henry Earnest, Thomas Summers. Costs to District.
Two Bench Warrants issued against William Fare- well, and Moody Farewell, of the Township of Whitby, upon presentments by the Grand Jury this day.
John Karr entered into Recognizance to appear at the next Court of General Quarter Sessions and prose- cute William Farewell the 2nd, for Assault &c., in the· Sum of £20.
William Borland entered into Recognizance,to appear at next Quarter Sessions and prosecute Ackeus Moody Farewell for Petty Larceny,in the sum of £20.
The Court then Adjourned to Saturday the 13th of May Instant, 11 O'Clock. - 232 = SPECIAL SESSIONS OF THE PEACE Yark, 11th May, 1826.
Present Alexander McDonell, Esquire, Chairman, Grant Powell, Christopher Widmer, The Honourable William Allan, Darcy Boulton, the Younger,
Ordered that William Andrews be the Assessor and Collector of the Dog Tax, for the Current year.
Ordered that three fair copies of the following Notice be made, and affixed at the Market House, and other public places in the Town of York.
N O T I C E Persons desirous of enrolling themselves as firemen,for the Town of York,will leave their Names and residence with the Clerk of the Peace before Saturday, the twentieth instant, after which the Clerk of the Peace will be prepared to give the Certlficates of Exemption, according to Law, to such, not exceeding twenty-five, as may be selected by the· Court of Adjourned General Quarter Sessions, to be held on that day.
By Orde'r s. Heward, Clk. Peace H.D.
Also Ordered, That in Order to ensure a more General Observance of the Police Regulations in the Town of York, and the more effectually to enforce the same, an apartment in the Court House shall be occupied as a Police Office, to be kept open every day, Sundays, Xmas, Good F~idays e~cepted, from 11 A.M. to 2 P.M., during which hours the Clerk of the Police shall be there in - 233.- SPECIAL SESSIONS OF THE PEACE 11th May, 1826, continued. attendance, and that until the Court House is ready a private room be hired for the purpose.
That the Clerk shall keep a list of the Justices of the Peace acting within the Town, who shall in regular rotation, according to seniority in the Commission, hold themselves merely from week to week to attend the Office when called upon.
That the Table of Fees be received and submitted for approval at the next Assizes.
That the duty of the Justices shall, in all cases, be gratuitously rendered and the fees applied to wards the remuneration of the Clerk, whose recompense shall be made up half yearly to a sum adequate to his services out of the Funds at the disposal of the Police.
Adopted in Special Session of tr~ Peace the
11th lviay, 1826.
Doctors Powell & Widmer appointed a Committee to carry the above regulations into effect.
Mr. Fenton was then appointed by the Court to be the Clerk to the Magistrates during pleasure.
The Court then Adjourned. Home District) (Home District York to Wit.) - 234 - York to Wit. ) ADJOURNED GENERA~ QUARTER SESSIONS OF THE PEACE holden at York, 13th May, 1826.
The Court met Pursuant to Adjournment. Present Alexander McDonell, Esquire, Chairman, Grant Powell, ) Christopher Vlidmer, ) Esquires, Justices, The Honourable William Allan, ) &c. and Darcy Boulton, the Younger,)
Submitted the Petition of John Henry for making a Bridge over the River Rouge, or New. Ordered to lie over. The Petition of John Polley for a Tavern License
was approved, and Ordered that he do pay £5. for such License. The Application of Mr. Wallis for leave to carry his drain into the Gaol Sewer, was granted on the payment for such privilege to be . by the Surveyor of Streets
and another person named by Mr. Wallis.
Examined the Account of the Surveyor of Streets and High Ways. Ordered that the four Pounds remaining in his hands and una.pplied to the repairs of the Humber Road, be paid by the Surveyor to s. Washburn, Esquire,
on Account of work done to Humber Bridge by Julius M. Sanford. Ordered that Mr. Carfrae be paid thirty Pounds Currency for his Services as Surveyor of Streets for the pa.st year. ORDERED; That the remuneration for the Surveyor of Streets shall in future be 7/6 per day actually and ·necessarily employed, that he shall keep and render an account of the Number of days he has been so employed, which he shall verify upon Oath. - 235 ADJOURN.ED GENERAL QUARTER SESSIONS OF THE PEACE holden at York, 13th May, 1826, continued.
ORDERED; That Ann Klis1tey, a Pauper Maniac, be sent to the Gaol until she recovers, in Order to prevent her injuring herself or others.
ORDERED; That Isaac Devins be appointed Path Master for the Road which he was appointed to last year, called Campbell's Road, in the Townships of York and Etobicoke.
ORDERED; T~at the Clerk of the Peace do write to Mr. George Post of Pickering, informing him, That a Sum of money may be expended upon the Road in Pickering, and requesting him to point out the best mode of applying it.
ORDERED; That William Higgins be appointed High Con- stable, and that he also discharge the duties of P~lice Inspector, that is to say diligently to enforce a due obedience to the Regulations of the Police relating.tq the precautions against fires and Nuisances in the Streets.
The following Accounts were then submitted for Audit, which were examined and passed.
Sheriff's Accountcfor Disbursements, ••.•• £32.13. 7 n " " Contingencies, allowed, 27.13. 8 Do. Summoning Juries & Stationery for Assizes, 20.13. 9 Do. Gaoler for Contingencies, ••.•.•••• 17. o. 41r1 DO.DO. for Salary & Expenses from October 1825 to January 1826, • • • • • . • • . • •. 23.10. Do. Do. for Do. Do. from 1st January to April 1826, •••.••••• 28. C. Fothergill, Printer•s A/c., ••• . . . 2. 7. 9. £151.19. 11..2 John Cummer made Oath that John McBride the Younger ref.used to perform his Statute Labour of last year. Ordered that he be Summoned for Saturday next. The Court then Adjourned to Saturday the 20th Instant, 11 O'clock, A. M. Home District) (Home District York to Wit.) - 236 - York to Wit. ) ADJOURNED GENERAL OUARTER SESSIONS OF THE PEACE York, 20th May, 1826.
The Court met Pursuant to Adjournment. Present Alexander McDonell, Esquil'le, Chairman, The Honourable 1.Hlliam Allan, ) Christopher 'llidmer, ) Esquires, Justices, Darcy Boulton the Younger,) &c. and Grant Powell, )
The Petition of Stephen Jarvis, Esquire, praying the Magistrates to allow him, as Register of the County of York, to occupy a suitable apartment in the Court House
in York as an Office, was Read. · Ordered that the I.Iagistrates do not consider themselves authorized to appropriate the District Funds
for the purposes alluded to by the Register, but that when the Court House is completed and delivered up by the builders, there will be several apartments suitable for Offices, which will be leased, and the Register will have it in his power to become a Lessee.
The Petition of Nathan lfartin and others, for a Path 1,Iaster to be appointed on Campbell's Road to work from the division or end of Isaac Devin's (another of the Path t:asters) beat in front of Con. A to the Gore of Toronto, was submitted, and Samuel Wallis, pursuant to the prayer of said Petition, appointed the Path Master accordingly.
John McBride the Younger, Pursuant to his Sum~ mons of Saturday the 13th Instant, appeared and paid a
fine of 10/., as set by the Court, which was handed to
John Coomer to pay over to the Path Master for the same Road this present year. - 237 - ADJOURNED GENERAL QUARTER SESSIONS OF THE PEACE holden at York, 20th May, 1826, continued.
Mr. Thoma.a Hamilton appeared in Court and being duly Sworn and Examined, in conformity to the provisions of an Act passed on the first day of April 1818, Chapter eight, entitled, An Act to provide for the Registration of Deeds, declared that Malcolm Wright and William Coleman ( the subscribing Wi tness·es to a Deed of Bargain and sale of five acres of Land from Nicholas Miller to Peter Ander- son), are both dead, and further declared that he verily believes that the same is in the proper hand Writing of the said Malcolm \Vright and Vlilliam Coleman. Mr. Hamil ton also declared that he ha.s a perfect recollection of the circumst~nce and believes the whole to have been a bona fide transaction. The Certificate was then handed to the Court, signed by the Chairman, and Countersigned by the Clerk of the Peace. The Warrant of William Thomson, Esquire, M.P., signed by the Speaker, amounting to, wa.s audited, £43 .10. and The Speaker's Warrant ·to Eli Playter, Esq., also audited and passed, for, • • • • • • • • 43.10. The Account of T. Bridgland for Cleaning Court House, Audited, • • . • • • • . • ,. . . 2. 0.6
The Clerk of the Market informed the Court, the Term of four years, for which time the Butchers agreed for their Stalls in the lvla.rket, would expire on the 8th June next. Ordered to be attended to on the 3rd June next, to whiQh day this Court would be Adjourned.
A Schedule of Persons, whose names are under- neath, had volunteered their services for a Fire Company in the Town of York, Pursuant to the first section of an - 238 - ADJOURNED GENERAL OUARTER SESSIONS OF THE PEACE 20th May, 1826, continued.
Act passed the 30th January, 1826, Instituted an Act to make further and more effectual provision for the preven= tion of accidents by Fires in the several Police Towns of this Province and submitted, viz:-
1. George Shaw, 16. David Patterson, 2. Thomas Carfrae, 17. James Jebbett, 3. - Ford, 18. George Atkinson, 4. George Cattermole, 19. Jonas Hugill, 5. Christopher Elliott, 20. James Beatty, 8. Peter McPhail, 21. 1:Iichael Dixon, 7. Charles Franks, 22. Samuel Brown, 8. Joseph Millburn, 23. John Hugill, 9. William Atkinson, 24. Jonathan Hugill, 10. William Cawthra, 25. William Moore, ~ 11. Joseph Bluer, 26. William Foster, 12. Joseph Hallowell, 27. William Bright, 13. John Bishop, 28. Francis Jacques, 14. William Arthurs, 29. John Deel, 15. Lewis Bright, and several others whose names are not above inserted, or noticed by Order of Court.
Ordered that the Clerk of the Peace give exemp- tion from the first 25 Persons whose names are above writ- ten, to be styled 0 The Fire Company", and when thus organ- ized, they may proceed to elect their Captain, and frame Bye-Laws, which they will present to the Court for its approval on the 3rd of next June.
The Court then Ordered that the persons, whose names are herein inserted, be the Constables for the Town of York and other Townships for the Current year.- TOWN OF YORK 1. George Robinson, Sworn. 2. Bradshaw McMurray, fl 3. Thomas Stevenson, (A Sergeant in 1st West 'Militia) 4. Moses Fish, .Sworn. 5. William Preston, II 6. James McMullan, tr 7. John Armstrong, Excused. 8. John Collins, by Sub. A. Mathorm, Sworn. 9. Robert Blevins, Sworn. 10. Joseph Smith, " - 239 - ADJOURNED GENERAL QUARTER SESSIONS OF THE PEACE
York, 20th M:ay, 1826, continued.
TOWNSHIP OF YORK 1. William Hale ) 2. Jacob Coomer,the Younger, ) Yonge Street. 3. Charles Moore, ) 4. James Farr, 5. Julius M. Sanford, ~ Humber Road. ETOBICOKE 1. Herbert Matthews, ) for next year, 1827. 2. David Ward, ) TORONTO PICKERING 1. John Embleton, 1. John Blair, 2. Stanius Daniels, 2. William Matthews, 3. Daniel Marigold, 3. Thomas Dehart.
The Court then Adjourned to Saturday the Third day of June next ensuing, 11 O'Clock, A.M. - 240 - SPECIAL SESSIONS OF THE PEACE holden at the Office of the Clerk of the Peace by Summons of the Chairman, the 24th May, 1826.
Present Alexander McDonell, Esquire, Chairman, The Honourable William Allan, ) Grant rowell, ) Esquires, Justices, Darcy Boulton the Younger, ) &c. and Christopher Widmer, )
Ordered that Mr. Hugh Carfrae, Inspector of Streets, commence Grave·lling from George Street, in King Street, to Yonge Street, with 12 feet of gravel' in width; and open Newgate and Hospital Streets, York Street from Market Street to Front Street, and that portion of Rich- mond Street, where it intersects New Street, to be complet- ed. Front Street from Russell's Creek~;to the intersec- tipn of George Street to be turnpiked, and the Sewer opposite to Thomas Hamilton's Tavern to be lengthened. That portion of Caroline Street from the inter- section of Duke Street to Duchess Street to be completed, and Yonge Street from Mr.Dennis' Corner to Drummond's Corn,r to be repaired. The part of the Market Square fronting King Street to have a Coat of Gravel. Ordered that the Inhabitants of the Park Lots (with the exception of those living on Yonge Street) and also those living on the South side or Lot Street, between Yonge Street and ·Peter Street, being the Western Limit of the Town, shall perform the whole of their Statute LabQr_on Lot Street, under the control of Mr. Jacob Snider, Path Master, in Turnpiking the same as far as it will do so from Yonge Street upwards. The Court then Adjourned to 3rd June next ensuing. Home District) (Home District York to Wit.) - 241 - York to Vl it • ) ADJOURNED GENERAL QUARTER SESSIONS OF rmE PEACE holden at York, 3rd June, 1826.
Present Alexander McDonell~ Esquire, Chairman, Darcy Boulton, the Younger,) Grant Powell, ) Esquires, Justices, and ) &c. The Honourable William Allan, )
The Court met Pursuant to Adjournment. Ordered that the Gravelling of Frederick Street, from Duke Street to Palace Street, be of the same width
with that on King Street, and charged in like manner to the Market Lot Fund.
Accounts as follows were then submitted to the Court for Audit, and approved and Audited, viz:-
The Clerk of the Market for procuring Letter Stamps made by Collumbus for stamping Weights and 1'-1Teasures, ••••••• £ .15. The Coroners, Mr. Hamilton's Account, to 20th May, 1826, • • • • • • • • 53.15. 8
The Petition of the York Fire Company relating to Sundry Dealers, and other persons, having large quan- tities of Gun Powder in Stores, Cellars, and Out Houses in York, was read, and Ordered to stand or lie over to next Meeting of the Sessions.
Ordered that Francis L1cGlochlin be assessor and Collector for the Township of Mono for the Current year, that Township not holding a Town Meeting. Hazard Watson, ) Constable for Vlhi tby, Richard Arnsbury, ) omitted on the 20th ultimo.
Ordered that George Post be authorized to re- ceive proposals, and to contract for repairing the High - 242 - ADJOURNED GENERAL QUARTER SESSIONS OF THE PEACE 3rd Jun~, 1826, continued.
Ways through the Township of Pickering, between the Rivers Ro~ge, and Duffins Creek, and that his Certificates of Contracts having been fulfilled shall be an Authority to the Treasurer to pay the same to the Amount of the Monies now 1n his hands· for the Road Tax on Absantees Lands in that Township.
Ordered that Ezekiel Janus,the Assessor for Uxbridge for the Current year, be also Assessor and Col lector for the Township of SCOTT, for the Current year,
. . that Township having been omitted to be assessed, and that the Clerk of the Peace do transmit to Ezekiel Janus this Order accordingly.
Also Ordered that George Spenee·r one of the Assessors for the Township of Br~ck, be Assessor and Collector for the Township of Reach for the Current year, to be attached to the Assessment Roll of Brock, the said Township of Reach having not been included in any Assess ment of the Home District for the Current year, and that the Clerk of the Peace do notify George Spencer of his appointment and Order accordingly.
· The Letter of George Ridout, Esquire, to the Chairman on the subject of several persons residing on and owning property in the vicinity of John Street, was read. Ordered that so far as respects the Commutation of Messrs. Crookshank, Bukie, Ridout, and Major Loring being expended on John Street be accordingly expended on that Street under the direction and superintendance of the Surveyor of Streets. The Court then Adjourned subject to the call of the Chairman. Home District) (Home District York to Wit.) - 243 - York to Wit. ) ADJOURNED GENERAL QUARTER SESSIONS OF THE PEACE York, 27th June, 1826.
The Court met Pursuant to the Sumr..1ons of the Chairman. Present Alexander McDonell, Esquire, Chairman, Grant Powell, Esquire.·
The Bye Laws of the Fire Company \Vere submitted
by Mr. Thomas Carfrae to the Court.
Ordered that they do stand over for Considera- tion until Saturday next, when it is expected that there -,vill then be more general attendance of the Magistrates of the Town. The following persons recommended by some of the Magistrates r~siding in sundry Townships in this District for Constables therein, for the Current year, were submitted and appointed Constables accordingly, viz:- Names of Constables. Townships. John Vanvalkenburgh, Toronto. Michael Powers, ) Vaughan. Richard Lankins,) ff John Arnold, ) Markham. Hilbury Clarkson) tt Allan Jefferry, Albion.
Peter Ferguson, Caledon, Sworn 18 July.
The Court then Adjourned to Saturday next 1st July, 10 O'Clock. Home District) (Home District York to Wit.) - 244 - York to Wit. ) ADJOURNED GENERAL QUARTER SESSIONS OF THE PE~ York, 1st July, 1826.
The Court met pursuant to Adjournment. Present Alexander'McDonell, Esquire, Chairman, The Honourable William Allan, ) Grant Powell, ) Esquires. Darcy Boulton, the Younger, ) and Christopher Widmer, )
Mr. Thomas Carfrae was appointed Captain of the
York Fire Company, as chosen by said Company, appeared and submitted the Bye Laws drawn up by the said Fire Company for their future good order and conduct, were examined, and on some amendments being made to them for good Government were admitted. They are as follows:-
RULES AND REGULATIONS OF THE FIRE COMPANY OF.YORK, JUNE 23rd, 1826.
No.l: RESOLVED: That for the Di_scipline and Regulation of · this Company a Captain, Lieutenant, Secretary and Treasurer be .appointed.. Admitted.
No.2. RESOLVED: That the Company meet on the first Monday in every Month, at the hour of seven o'clock from the first of April to the first of October, and from the first of October to the first of April at five o'clock P.M. Admitted.
No.3. RESOLVED: That fifteen Members of whom the Cap tain or Lieutenant be one be a Quorum and Com- petent to proceed to business. Admitted.
NOTE: THE WRITING IN RED ink in these Resolutions and
:Amendments suggested by the Magistrates in ,Sessions. - 245 -
No.4. RESOLVED: That the Roll shall be called at a quarter of an hour past the hours of 7 and 5 0 1 clook, as in No.2, when those absent shall be fined One Shilling and three pence, and at the ~expiration of half an hour the Roll to be called a second time,· ·when the absentees shall pay One Shilling and three pence additional. Admitted. No.5. RESOLVED: That the fines shall be paid on the first day of Meeting after imposed, and no exemption to be allowed from fines unless actual Sickness or being out of Town, ai;id when that is the case Notice thereof must be left with a Memper. Admitted. No.6. RESOLVED: That if the fines are not paid to the Treasurer, on or before the Second day of Meet ing after they are imposed, the Name of such person,or persons, delinquent be reported to the Magistrates for disorderly conduct. Admitted. No.7. RESOLVED:· That all monies by fines 9r otherwise go to a General fund, and be applied,from time to time, to. such purposes as the Majority shall direct. · Admitted. No.a. RESOLVED: That it shall be the duty of every Mem- ber in cases of·Fire to repair forthwith,to the Engine House .to assist in conveying the Engine to the place of fire, to work it and to remain there until the fire shall. be extinguished, or until discharged by the Senior Office,under a penalty of five Shillings.
No.9. RESOLVED: That the Officers of the Company be elected annually by Ballot, on the first Monday in June. Admitted. No.lo. RESOLVED: That it is expedient for the better Regulation of this Company that on a Vacancy occurring the Company do recommend a person for the adoption of the Magistrates. Admitted. No.11. RESOLVED: That the Members of the Fire Company of York do hereby bind themselves each to the other to the strict observance of the fore going Rules. Admitted. Signed by each Member of the F'ire Company. No.12. RESOLVED: That it be expedient for the good Moral . Order of the Company that a fine of One Shilling be imposed for disobedience of Orders at Private Meetings, and five Shillings for Public Duty with the Engine. Admitted. Approved in Special Session ·1st July, 1828. (Signed) Alex'r. McDonell, Chairman. - 246 - ADJOURNED __ .Q.~tmRAl QUARTER SESSIO:NS OF' THE PEACE 1st July, 1826, continued.
Ordered that the Captain of the Fire Com·pany procure Caps from Montreal, and that he also provide for the use of the Company Six Axes and two additional fire Hooks from some of the Blacksmiths at this place. The Caps to be delivered, when brought from Niontreal, to his receipt. The Axes and Fire Hooks to be lodged in the Engine House. The Axes to be stamped with the Letters Y.F.C •• A strong and sufficient Lock to be procured for the Engine House with three keys, one to be left with the Clerk of the Market, and to the Captain and Lieutenant each one. The Engine and Engine House to be under the charge of the Captain of Company, or of the Lieut. in case of his absence. The Clerk of the Peace to give the necessary Certificates to the Members of the Fire Company.
Ordered that the Clerk of the Market be author ized to renew the Leases of the Market Stalls to the present Occupants, if they are willing to continue the Rents which were paid for the last four years.
Ordered that Mr. Jacob Snider do procure for the use of the Roads, where he is this year the Overseer of Roads, a Turnpike Shovel, and do repair and add in width to the Bridge on Lot Street, opposite to Pattrick's,
Black Smith, to make it a good and safe Bridge.
Court Adjourned Sine Die. - 247 - GENERAL Q_tli~RTER SESSIONS OP THE PEACE holden at York, in and for the Home District the
fourth July, 1826.
Present Alexander McDonell, Esquire, Chairman, Grant Powell, ) and ) Esquires, Justices, &c. Augustus Baldwin,)
Proclamation of Silence being made, the Com mission was opened and Read. The Sheriff returned the Precept. The Grand Jury were called and Sworn as follows;
1. John Widdle, Foreman. 2. John H. Willson, 9. John Fletcher, 3. Robert Brigs, 10. Abraham Doan, 4. Robert Fenton, 11. John Parks, 5. John Burr, 12. Matthew Curry, 6. James M:illar, 13. James King, 7. Asa Smalley, 14. James McCarty, 8. Edgar Stiles, 15. Richard Grayham.
Proclamation of Silence again being made. The
Grand Jury was then charged by the Chairman and retired with Bills of· Indictments.
Henry Ausman was Ordered to enter into Recogni- zance not to leave the Court without permission, which he forthwith did in the sum of twenty Pounds.
The Recognizance of John Kerr was respited to next General Quarter Sessions of the Peace, then to appear and prosecute William Farewell for an Assault and Battery.
The King on the Prosecution of) William Barland, ) Petty Larceny. vs ) Aokius Moody Farewell, ) - 248 - GENERAL QUARTER SESSIONS OF THE 1-:~.:1.Q·l~: ___ 4th July, 1826, continued.
1. James Landerkin, 7. Jacob Leopard, 2. Edwin Proctor, 8. Thomas Dunham, 3. George Wright, 9. Whitney Travis, 4. Elijah Smith, 10. George Lewis, 5 • James Evans, 11. William Travis, 6. Abraham Leopard, 12. Jacob Hollingshead.
Vii trie.sses, Pro. Witnesses, Con. William Borland, Chancy Skinner, Norris Karr, Nathan J. Coby, Matthew Terwillegar, Henry Gale, James Terwillegar, Richard Almsbury, Benjamin Paise. Verdict, Not Guilty. Costs to be paid by Plaintiff, which Taxed in Court; to be in Custody of the Sheriff until paid.
The Court then Adjourned to 10 o'clock to-morrow. - 249 - _GEH~JV\L QUARTER SESSIONS_ OF I'Ifa ?EACE
5th July, 1826.
The Court met Pursuant to Adjournment. Present Alexander McDonell, Esquire, Chairman, Augustus Baldwin, Esquire.
The King ) Assault. vs ) James Doyle and Sutton Frizzell,) A Traverse.
Jury 1. Christopher Leopard, 7. Charles Clarke, 2. Robert Jefferson, 8. John Reid, 3. William Fenton, 9. Hiram Willson, 4. Erastus Clarke, 10. Abram Leopard, 5. William Crittendon, 11. George Hill, 6. James Brackham, 12. William Travis. Pro. Witnesses. Con. Mary Dorrety, William Parsons, ~sq., James Dorrety, Christian Hagler, C. Widmer, Esq., Verdict, Guilty. Sentence; That Sutton Frizzell be imprisoned
for one Month, and pay a fine of Two Pounds ten Shillings, and James Doyle to be imprisoned a fortnight and pay a fine of ten shillings with Costs, and to remain imprisoned until they are paid.
The Recognizance of John Willson and John Snider to be respited to the next Sessions, and the Recognizance of William Beebe respited to next Sessions. H. Ausman ) Assault and Battery ort Beebe, being vs ) arraigned pleaded not Guilty. Traversed William Beebe,) to next Quarter Sessions.
The Court then Adjourned to To-morrow morning, 10 o • cloc1{. - 250 - GENERAL QUA~TER SESSIONS OF THE_,_;?EA9E Thursday the 6th July, 1826.
The Court was opened pursuant to Adjournment. Present
Alexander McDonell, Esquire, Chairman, Augustus Baldwin.
The Recognizance of William Beebe was taken,to appear at next Court of Quarter Sessions and prosecute Henry Ausman for an Assault and Battery, which was for the Sum of £20.
The Recognizance of Peter Scott, taken to keep
the Peace towards W. Thompson and Elizabeth Price in the Sum of £20. Also The Recognizance of Peter Thomson and
E. Price taken to keep the peace towards Peter Scott in the Sum of ten Pounds· each. Patrick Strange discharged from his Recognizance by Proclamation. The Recognizance of Ann Pattison, James Hopkins, and James Brown forfeited, and Ordered to be Estreated after being duly called.(On 13th July,not to be Estreated.)
Ordered that William Smith of Pickering, Esquire, do enter into Sureties to keep the Peace until next General Quarter Sessions of the Peace, particularly towards David Vlood, which he did as follows; and that David Wood do the same. RECOGNIZANCE. CONDITION. William Smith, £20.) That William Smith, Esquire, John McGregor, £10.) do keep the Peace and particu Hawkins Lynde, £10.) larly towards David Wood, and to keep the Peace towards all his Majesty's Subjects and attend next Quarter Sessions. - 251 - GENERAL QUARTER SESSIONS OF THE PEACE 6th July, 1826, continued.
RECOGNIZANCE. CONDITION. David Wood, £20.) That David Wood do keep the Lawrence Hayden, £10.) Peace, &c. James Johnson, £10.)
The Court then Adjourned until 11 o'clock on Thursday, 13th Instant. - 252 - ADJOURNED GENERAL QUARTER SESSIONS OF1 THE PEACE
holden at the Office of the Clerk of the Peace 13th July, 1826.
The Court met Pursuant to Adjournment. Present Alexander McDonell, Esquire, Chairman, Grant Powell, Esquire.
An Account of Doctor Widmer for attendance and Medicines to prisoners confined in the Home District Gaol from the 17th September, 1825, to the 10th February, 1826, was Audited and passed, to be charged against the funds of the Home District, amounting to £1.13.9, Pro.Cur'y
The Petition of Jacob Cook of Toronto, Yeoman,
for a Tavern License for his dwelling House in the Town ship of Toronto, for the Current year, was Granted, paying the Sum of Six Pounds for such License.
The Report of the York Fire Company was received and submitted to the Court. Ordered that the Report do lie over until the first f'ull Meeting of the Police Magistrates, in the interim the Captain of said Fire Com- pany was directed to Order Fire Caps from Montreal.
A Presentment of the Grand Jury of the last Quarter Sessions, complaining of the narrowness of the Road in the 2nd Concession, between the Townships of Whit- church and Gwilliambury East, as now travelled, was laid before the Court. Ordered that the Court do recommend twelve freeholders, living near said Road, to petition the Surveyor of Roads, to ascertain the Boundary Lines of said Townships on the Road, and give the proper width for said Road. ·
The Court then Adjourned to meet on Thursday next the 20th Instant at Eleven o'clock. - 253 - ADJOURNED GENERAL OUARTER SESSIONS OJ? THE PEACE holden at the Office of the Clerk of the Peace in York, on Thursday, the 20th July, 1826.
Present Alexander McDonell, Esquire, Chairman Darcy Boulton, The Honourable William Allan, Grant Powell, and Christopher Uidmer.
The following Notice was Ordered to be entered, and a Copy thereof transmitted to the Editor of the York Gazette. N O T I C E Is hereby given, that an application will be made at the next Session of the Provincial Parliament, for leave to bring in a Bill to raise an additional penny in the pound, from the Inhabitants of the Home District, by Assessment in aid of the District Funds. Adjourned General Quarter Sessions of the Peace,
20th July, 1826, ( s·igned) s. H.
The following Notice was also Ordered to be put up at the Market House in York. 20th July, 1826. Proposals will be received at~the Office of the Clerk of the Peace, and decided upon on Thursday the 3rd August next ensuing, for building a Cylindrical Drain of 30 Inches span, across Russell Creek, on Lot Street in a similar manner to that built on the same Creek on Front
Street. All materials to be furnished by the Contractor, specifying the price per foot. For information respecting the site of the Drain, application to be made to Mr.
Hugh Carfrae. - 254 - ADJOURNED GENERAL QUARTER SESSIONS OF THE PEACE
20th J'uly, 1826, continued. ------
The Clerk of the Peace submitted his a/c. to the Court, which was approved and Audited, as follows:- Account against the District to the 30th June last, Amounting to the Sum of, •• £102. 1. 8 Against the Police, . • • • . . • . . . . •--- 4. 1. 0 Amounting together to, • • . ·. . . • • £106. __?_~
The Account of Michael Willcox for appre hending John Huff, and Jabez Lynde, was Audited and passed, to be charged against the District Fund, amounting to the Sum, •• £4.13.6
The Account of Mr. Thomas Carfrae for Repairs of the Public Pumps in the Town, amounting to £12.18.72. 1 and was Ordered to be paid out of the Police Fund.
The Treasurer laid his Accounts before the Court, which were examined and noted by the Chairman, and returned to be completed and to be submitted to the Court for Audit at its next I.Tee ting.
The Court then Adjourned to Saturday the fifth day of August.next. Home District) - 255 - York to ~7i t. ) (Home District York to Wit.)
ADJOURNED GENERAL (lUARTER SESSIONS OF THE PEACE
5th August, 1826.
The Court met Pursuant to Adjournment. Present Alexander McDonell, Esquire, Chairman, The Honourable William Allan,} Esquires, Justices, and Christopher Widmer, ) &c.
The Petition of Edmond Robinson, of the Township of York, for a Tavern License for his dwelling House situate on King Street East of the Town of York, leading to the Don Bridge, was submitted to the Court, approved and Granted on his paying the Sum of Six Pounds Currency for the same.
The Court then Adjourned subject to the Call of the Chairman. - 256 -
ADJOURNED GENERAL--- ~__.i..;:;.. OUARTER__ '<_;;;;.;.;;.. ______SESSIONS OF THE PEACE_ holden at the Office of the Clerk of the Peace on Thursday the tenth day of August, 1 8 2 6.
Present Alexander McDonell, Esquire, Chairman, The Honourable William Allan, and Christopher Widmer, Esquire.
The Treasurer Submitted his Account current with the District amounting in the whole to £1783. Balance in his Hands, ••• • £491.14. 8 Amount of Market Lot Fund, ...... £373.12. 2 Balance in his Hands, •. £111.13. ot £89. 6. g __ Police Fund, . . . . -··=~ Balance in Treasurer's Hands; £53.18.~
The Court then Adjourned subject to the Call of the Chairman. - 257 -
SPECIAL SESSION_ 01~ THE PEACE holden at York on Friday the 29th September, 1826.
Present Alexander McDonell, Esquire, Chairman, The Honourable William Allan,) Grant Powell, ) D'Arcy Boulton the Younger, ) Esquires, Justices Christopher Widmer, and ) &c. Augustus Baldwin, ) ·
Ordered that a Sum,not exceeding Ten Pounds,be paid by the Treasurer of the District, on the Certificate of A. Baldwin, Esquire, that the said sum has been applied in addition to The Statute Labour still done to the repairing Yonge Street, between the Town and Gallows Hill on the said Street.
The Court then Adjourned, Sine Die. - 258 - . AT ~-SPECJ.AL MEgTING OF THE MAGISTRATES Of THE Home District holden at York on Thursday the 2nd day
of November, 1826.
Present Alexander J..~cDonell, Esquire,· Chairman, The Hon'ble. Willi~m Allan,) Darcy Boulton the Younger, ) Esquires, Justices, and Christopher Widmer, ) &c.
Mr. John Fenton appeared before the Magistrates in Sessions and deposed on Oath as follows:- That .on the Sixteenth day of October last when the Assizes commenced, Mr. John Ford, the builder, by Order of the Building Committee, brought the Keys of the
Jury Rooms, and the Judges' Room, to be lrnpt by me, so
as not to be blended, and he told me to lock up the r,.ooms at night, after the business of the day was over. The Deputy Sheriff wished to have them given to him, as he had to attend on the Jury, and take care of the Judges' Room. I understood he was to return them to me when the Assizes were over. The High Sheriff would not return them, but said that he only has a right to keep them.
On Wednesday, the first day of November, I was directed by the Building Committee to get the key of the outside door of Nir. Ford, the Builder, and I did so.
I was waiting at the door with the key in my hand to lock the door, when the plasterers had done, and while there Samuel Ridout, Esquire, High Sheriff, came and demanded the key, saying I had no business with it, ·and he appeared very angry. I told hiE the authority I had to keep it, and that I would give to the Building Committee the key to-morrow, and he might get it of them, but he said he would not ask them for it - 259 -
3rd.S.H. On Thursday morning the 2nd. Instant, I saw the Sheriff in the Court House putting a Lock on the front door, somebody had entered, I suppose, in at the window.
The above is Sworn to) (Signed) John Fenton. in Special Sessions this 2nd ) day of November, 1826. · (Signed) Alex'r. McDonell, Chairman.
Mr. Ford, one of the Builders of the Court House, having represented that the Sheriff claims possession of thit building, and upon reference to the Clerk of the Police Office, who gave the Keys under an engagement that they should be returned after the Court of Assize was over to him, and which has not taken place.
Ordered that the Clerk of the Peace address a Letter to the Sheriff,requiring that the Keys of the building may be delivered forthwith to the Building Com- mittee, in order to the Completion of the Building. (Signed) Alex'r. McDonell, Chairman. The Court then Adjourned Sine Die.
Copy of Clerk of the Peace's Letter. - 260 -
AT A SPECIAL SESSION Oli1 THE PEACE holden at the Police Office on Friday the third day of November, 1826.
Present Alexander McDonell, Esquire, Chairman, The Hon'ble. William Allan,) Darcy Boulton, the Younger,) Esquires, Justices, and Christopher Widmer, ) &c.
The Hon'ble. James McAulay's opinion was taken, as to what measures should be adopted respecting the recovery of the possession of the New Court House, which had been taken possession of by the Sheriff without per- mission of either the Magistrates, or Building Committee. Mr. McAulay recommended first that a Letter should be addressed to Major Hillier, to be submitted to His Excel lency the Lieut. Governor, stating every particular that had any tendency thereto.
The Court then Adjourned to to-morrow Morning, at 11 O'clock. - 261 - SPECIAL SESSION OF THE PEACE 4th November, 1826.
The Court met Pursuant to Adjournment. Present Alexander McDonell, Esquire, Chairman, The Honourable William Allan,) Darcy Boulton the Younger, ) Esquires, &c. and Christopher Widmer, )
?vlr. Mc.A:ulay presented a draft of a Letter to Major Hillier, to be laid before His Excellency the Lieut. Governor,to the Court, which was reaa and approved, and it was Ordered that the Clerk of the Peace do cause a
fair Copy thereof (to be signed by the Magistrates) and a Copy of his letter to the Sheriff, and Messrs. Ford and Haydon's Letter to the Court, to be copied and enclosed to the Chairman, &c.
The Court then. Adjourned Sine Die. - 262 - GENERAL QUARTER SESSIONSk .OF THE PEACE 21st November, 1826.
Pres,ent Alexander McDonald, Esquire, Chairman, Grant Powell, Esquire.
The Court was opened and the Commission read. The Sheriff returned the Precept. The Grand Juro1--s names were called and they answered to the number of Thirteen, and having chosen their Foreman, were Sworn as follows:-
1. Joshua Vlinn, Foreman. 2. Levy Parsons, 8. Andrew McBeath, 3. John Goodfellow, 9. Robert SutherlandJ 4. James Wells, 10. Lawrence 1foGann, 5. Andrew Cunningham, 11. Charles McBeath, 6. John Ferris, 12. Alexander McKay, 7. Thomas West, 13. William-Gunn. The Grand Jury was Sworn and charged by the Chairman, a Constable was sworn to attend them, they then retired to the Grand Jury Room.
The Petty Jury were then called to the Number of twenty-three. And Jury empaneled to try the following Cause~ a Traverse from last General Quarter Sessions, viz:-
The King on the prosecution of) Al.exander McNeil ) Assault and Battery. vs ) A Traverse from last John Snider and ,John Willson, ) Quarter Sessions. Jury 1. John Davis, 7. William Wardman, 2. William Armson, 8. James Campbell, 3. John Laivery, 9. Henry Robins, 4. James McKay, 10. John Mathewson, Junr., 5. William Stoddars, 11. Hugh Martin, 6. Thomas Mcconkey, 12. Arthur Campbell. Witnesses Pro. Alexander McNeil, Margaret McLean, Christopher Widmer, Esq., Pe te1.. Vanevery, John Henderson, John Brown. VERDICT GUILTY. - 263 - 21st November, 1826, continued.
John Snider Sentenced to pay a fine of Five Pounds; and John Willson to pay a fine of Two Pounds, with all Costs, and to remain in Custody of the Sheriff until both are paid. Costs Taxed. Fine, ••• . . . £7. Clerk of Peace's fees, two Indictments, . . . 1.10. Clerk of Police, Constable,
The Pet~tion of Thomas Carfrae, Junr., to be appointed Surveyor of Streets,- the same having been re- presented to.be Vacated by Mr. Hugh Carfrae,-was submitted to tba Court this day, and it was Ordered (the same signed by the Chairman) That the Appointment take place.
·The Report and plan of a New Road, between Lots Nos. 5 and 6 in 3rd Con. of Markham, in lieu of the allow- ance for Road, was confirmed. See Plan.
The Court then Adjourned until 10 o'clock to-morrow morning.
IN GENERAL QUARTER SESSIONS 21st November, 1826.
Ordered· that the Inspector of Vleights and Mea- sures be directed to receive the same from the Secretary of the Province, and that the Treasurer do pay to the Secretary the sum of Forty five Pounds Currency, being the amount.of the Expense incurred by him in procuring Standard Weights and Measures, and that the same be charged to the Assessment Fund. - 264 - GENERAL OUARTER SESSIONS OF THE PEACE 22nd November, 1826.
Present Alexander McDonell, Esquire, Chairman, Grant Powell, Esquire.
The King & Henry Ausman) vs ) Assault and Battery. William Beebe~, )
1. Hugh Martin, 7. John Matheson, 2. John Lowery, 8. Alexander McLelland, 3. Heman Sutherland, 9. John Mathewson, Junr., 4. William Wardman, 10. William Armson, 5. Alexana.er Benderman, 11. Thomas McKonkey, 6. John Brazine, 12. George Ross, Pro. Witnesses. Con.
Henry Ausman, Francis Smith, Joseph Ausman, William Vanhorn, Joshua Clarkson. VERDICT GUILTY. On Motion of Mr. Washburn, Sentence was deferred being pronounced until to-morrow morning, 10 o'clock.
John Bowley was discharged by Proclamation. An Indictment having been drawn against him for an Assault &c., on Benjamin Barnard, Prosecutor not appearing. The fees were consequently Ordered to be charged to the District. (15/. Query)
Christopher Robinson was discharged by Proclama- tion.
Court Adjourned until 10 O'clock to-morrow morning. - 265 - GENERAL QUARTER SESSIONS OF ._THE PEACE __ 23rd November, 1826.
The Court met Pursuant to Adjournment. Present Alexander McDonald, Esquire, Chairman, Darcy Boulton, Esquire.
Vfilliam Beebee was called and the Court sentenced him to pay a fine of Ten Pounds, with the fine to the King, and to remain in Custody with the Sheriff until paid. The King & Beebee) vs ) Assault and Battery. Plea Puts. Henry Ausman, ) Jur_Y. 1 •.John Davis, 7. William Stodders, 2. Thomas Gally, 8. Angus Sutherland, 3. James McKay, 9. Haman Sutherland, 4. Joseph Hodson, 10. Donald Sutherland, 5. William Armson, 11. John Mathewson, 6. John Lowery, 12. Alexander Benderman. Pro. Witnesses. William Beebee, Verdict Not Guilty. Prartcis Smith.
The King ) Assault &c. on William Beebee. vs ) Henry Ausman, ) A Travet~se from last Sessions. & Joseph Ausman) Jury 1. Thomas l/IcKonl<.ey, 7. John Brazine, 2. William Wardman, 8. Alexander Benderman, 3. Henry Robins, 9 •. Thomas Gally, 4. Hugh Martin, 10. Robert McKay, 5. Arthur Campbell, 11. Alexander McLelland, 6. Joseph Hodgson, 12. John 1-.Ia thew son. No Support to the Charge. Verdict Not Guilty.
Drawing Indictment against Thomas Tevey for Assault on Frances Mitchell, Prosecutrix, Dead. Costs 15/. to District - 266 - GENERAL QUARTER SESSIONS OF THE PEACE 23rd November, 1826, continued.
The Grand Jury appeared with two Indictments which were presented to the Court, and tried as follows, The King & David Wood ) vs ) Assault &c. Joseph 1'forell & others, ) Jury 1. John Davis, 7. William Wardman, 2. William Armson, 8. Henry Robins, 3. John Lowery, 9. John Mathewson, 4. James McKay, 10. Joseph Hodgson, 5. William Stoddars, 11. John Brazine, 6. Thomas McKonkey, 12. Donald Sutherland, Pro. Vii tnesses. Con. David Wood, Ebenezer Dorman, John Watson, Edward Dorman, William Heterick, Abraham Stoner. Verdict, Joseph Morell Guilty.
Joseph Morell was Sentenced to pay a fine of 5/. with all Costs, and to remain Committed until Fine and Costs are paid. (Clerk Peace, 15/.)
The King ) vs ) Nuisance. William Nixon,) Jury 1. Arthur Campbell, 7. John Mathewson, Junr., 2. Thomas Gally, 8. George Ross, 3. Haman Sutherland, 9. Alexander McLelland, 4. David Vlood, 10. Alexander Benderman, 5. Robert McKay, 11. John Roddy, 6. Angus Sutherland, 12. William Shaw. Witness, Allan N. McNabb; Verdict GUILTY. Sentenced to pay a fine of 5/. and all Costs, and to be in Custody of Sheriff until paid.
The Court then Adjourned subject to the Call of the Chairman. - 267 - ADJOURNED GENERAL QUARTER SESSIONS OF THE PEACE 12th December, 1826.
The Court, met Pursuant to the Call of the Chairman. Present. Alexander McDonell, Esquire, Chairman, Darcy Boulton,the Younger, Christopher Widmer, Esquire.
Ordered that the Insepctor of Weights and Measures do give Public Notice,by Causing the same to be inserted in the Upper Canada Gazette, that he has received the Standard Weights and Measures, and is prepared to examine and compare all Weights and Measures which shall be present~d to him for that purpose. (3/.)
And Ordered that the Clerk of the Peace do forthwith send some trusty person with the Assessment Rolls to the different Collectors, and -receive their Bonds, and also prepare Warrants for Constables to hold Town Meetings for the ,ensuing year in those Townships where there are not two Magistrates residing therein; and that where no Constables have been appointed for the Current year the Collectors be appointed Special Constables to hold the said Town Meetings, and that they be Notified of their appointment, and directed to transmit to the Clerk of the Peace a return of the Officers appointed at said Town Meeting.
The Court then Adjourned subject to the call of the Chairman. - 268 - AT A SPECIAL MEETING OP THE HAGISTRATES IN SESSIONS on Tue·sday the 19th day of December, 1826.
Present Alexander McDonell, Esquire, Chairman, The Honourable William Allan,) Grant Powell, ) E.squires, Darcy Boulton, the Younger, ) Justices, &c. and Christopher Widmer, )
The Chairman Read a Letter from Major Hillier,
Secretary to His Excellency the Lieut. Governor, as follows
Government House, 18th December, 1826. Gentlemen
I am directed by His Excellency The Lieut. Governor to acquaint you that orders have been this day sent to the Sheriff requiring him to give up the Keys of the Building intended for the District Court House to the person from whom he received them and that until the building is given over to the Trustees there can be no further interference with the Contractors. I am directed to add that the delay in taking this step is not to be attributed by you to any doubt on the part of His Excellency as to the propriety or necessity of restoring to the Trustees the exclusive superintendence of the building until it is finished. It has arisen solely from a desire on the part of His Excellency to avoid the necessity of interposing His Authority in Order to remove the interruption complained of. Having been disappointed in this hope. His Excellency no longer hesitates to direct the restitution of the Keys, To A. IvicDonell, D. Boulton, Esqrs. The Hon'ble. W. Allan, and C. Widmer, J.P. - 269 - While the building is in progress and before it is out -of the hands of the Contractors and Trustees, His Excellency would desire to see the same accommodation if possible afforded to the Court of King's Bench as was by.the exertion of the Magistrates prepared for the Assizes, and since it is publicly known that M:easures are in con- templation for providing the King's Bench with a Suitable building so soon as it shall be found practicable. His Excelle~cy has no reason for supposing that the Trustees or the Magistrates of the Home District will not do all that can be reasonably expected of them, nor does he doubt that they would have paid attention to such an application if it had been made either by the Judges or through the Government before the last term. With respect to the Occupation of the building after it has been delivered over by the Contractors as the District Court House, His Excellency does not feel that the time for discussing that question has arrived, and He earnestly hopes that the necessity of any discus- sion upon the question of right will not present itself. If however the Magistrat~s have been at all governed in their opinion, by the communication which His Excellency made to the Legislature in their last Session, transmitting a representation from the Judges grounded upon the assumption that the Trustees would not consent to permit the King's Bench to use the District Court House, it is necessary the Trustees should know that the Lieut. Governor was not aware that the Subject was viewed by the Jud.ges in any other light than that the Magistrates possessed the right of such refusal, before the Sheriff was directed to take the steps complained of. I have the Honor to be Gentlemen, Your most obedient Humble Servant, (Signed) G. Hillier. - 270 -
Grant Powell and Darcy Boulton, Esquires, were then requested to draft an answer to be submitted to the
:Magistrates in Session on Thursday the 21st Instant, to which day the Court Adjourned. - 271 - ADJOURNED GENERAL ~2UARTER SESSIONS OF THE PEACE 21st December, 1826.
The Court met Pursuant to Adjournment. Present Alexander McDonell, Esquire, Chairman, The Honourable William Allan,) Darcy Boulton, the Younger, ) Esquires, Justices and Christopher Widmer, ) &c.
A draft of an Answer to I\Ia jar Hillier's Letter, submitted on the 19th Instant, was submitted to the Court, approved and Ordered to be copied, and was then signed by each Liagistrate and handed to the Chairman to be trans- mitted by him to Major Hillier, which was as follows:-
York, 21st December, 1826, Sir In acknowledging the receipt of your Letter of the 18th Instant upon the subject of the matter submitted to His Excellency relating to the occupation of the building intended for the District Court House. VIe beg you will assure His Excellency of our grateful sense of the endeavours which His Excellency has so successfully made towards removing a misunderstanding that menaced an interruption to the harmony hitherto subsisting among the functionaries engaged in the adninistration of Justice in this District. At the same time we entreat His Excellency to believe that no unwillingness has ever been entertained by the Itagistrates of this District, to permit the Court of King's Bench to use that building f6r the accommodation of its terms other than what naturally enough grew out of an apprehension that such a measure would have a ten- dency to retard to an indefinite period the erection of the Buildings required for the exclusive accommodation - 272 - of that Court. That apprehension is now so entirely removed by His Excellency's assurance that measures are taken to that effect, that as far as the magistrates are concerned, no reasobable objection can exist to affording _?.d int~_£im every accommodation the Court of King's Bench can require, not interfering with the progress of the Contractors in finishing their undertaking. We have the Honor to be Sir Your most obedient Humble Servants, (Signed) A. McDonell, Chairman, William Allan, D. Boulton, Junr., C. Widmer.
The Court then adjourned subject to the Call of .the Chairman, and to 5th January, 1827. - 273 -
· AT AN ADJOURNED GENERAL crnARTER SESSIONS OF THE P1!{\CIL_ holden on Saturday the 30th December, 1826.
Present Alexander McDonell, Esquire, Chairman, Grant Powell, ) Darcy Boulton, the Younger,) Esquires, Justices, C. Widmer, ) &c.
·Ordered that the following Petition to the Honourable, The Legislative Council and House of Assembly, be trans~itted to each House.
To the Honourable the Commons House of Assembly, &c. &c. &c.
In Provincial Parliament Assembled·. The petition of the Justices of the Peace for the Home District in Adjou1--ned General CLuarter Sessions Assembled. Sheweth ! That the Law authorizing the negotiation of a loan of £6000 for the building a Gaol and Court House, wisely restrained the application of any portion of the District Funds to the "Ordinary and incidental expensesn of the District until the same, or so much of it as has been borrowed, together with the Interest there.on accruing, is paid and satisfied. That under the Consideration uniformly given
by the Court of Quarter Sessions to the term "Ordinary and incident~ltt the Justices have not felt warranted in Sanctioning the issue from the District Treasury of any money for purposes unconnected with the Administration of Justice, except such as are. required by Provincial enact ments, by which means many parts of the District thinly inha~ited, and consequently nearly destitute of Statute Labour have been refused that aid which would have cheer- fully been rendered them, had the means existed and the - 274 -
Magistrates possessed a discretionary power in the dis posal of them. That it is obvious that without the interference of the Legislature no definite period can be assigned to a State so very embarrassing, and so fatal to all attempts at public improvement. Your Petitioners therefore pray that a Law may be passed authorizing a levy on the ratable property within the District, of an additional rate of One penny
in the pound for four years, or a half penny for eight years, applicable to the purposes of the District, other than the payment of the Gaol & Court House loan, and repealing so much of the present Law as provides that no greater sum than Fifty Pounds shall be applied to any one improvement.
Ordered that Mr. Joel Beman be authorized to bring to this place the Fire Engine and Materials apper taining to it, which were cast on the Beach in the neigh- bourhood of Mexico Bay, when the Schooner "Fame'' was lost, for which service he is to be paid Fifteen Pounds Currency
agreeably to his demand.
The Court then Adjourned subject to the Call of the Chairman, and to the 5th January next, being the
day appointed by Law for attending to the applications for Tavern Licenses throughout the Province.
(2 copies, s/·. each .10 •... ,) {Order, 2.6 ) ( .12. 6' ) . . .~ - 275 - ADJOURNED g_~NERt~.L QUARTER S~SS!_QJJS OF THE PEACE 5th January, 1827.
The Court met Pursuant to Adjournment. P?'esent Alexander McDonell, Esquire, Chairman, The Hon'ble William Allan,,) and Christopher Widmer, ) Esquires, Justices, &c. The following applic~tions for Tavern Licenses, for the Current year:.,. were submitted to the Court and Granted or Noted as underneath in the column of remarks. SUMS TO NAMES. TOWN AND TOWNSHIPS.REMARKS.BE PAID. £. s.d. 1. Charles Franks, Town of York, Yes. 10. 2. John Wilmot, n rt u n 10. 3. William Cooper, n n n n 10. 4. Joseph Bloor, n ft n 10. "n 5. George B. Kendrick, ft ft " 10. 6. Adna Bates, Junr., n n n n 10. n 7. Ulick Howard, ,, tt " 10. 8. Thomas Simpson, ft n . tt If 10. t1 9. Stephen Secord, " " n 10. 10. William Marian, n n tt rt 10. 11. John Kern, n tt n ti 10. 12. Robert Blevins, n u fl ft 10. 13. Simeon Towle, n n n n 10. 14. Jacob Snide~, Township York, Y. St., ft 10. 15. Alexander Montgomery, tt N n " 10. 16. John Karr, ft Whitby, n 6. 17. A. M. Farewell, " tt u 6. 18. John Still, n " ft 6. 19. George Post, " ti 11 6. 20. John Henry, tt Pickering, n 6. 21. John Blair, fl " " 6. 22. Levi Annisee, n Scarboro' ,Dundas St.Yes, 6. 23. Richard Taylor, II " Bye Road, 3. 24. David Thomson, ft tt u ft 3. 25. Thomas Sheppard, If York, Y.St., Yes. 6. 26. Michael Whitmoore, tt rt n ti 6. 27. Martin Snider, fi " ff n 6. 28. William Dallimoore, H " n 6. 29. C. C. Lunt, tt tt tt n 6. 30. John Montgomery, 11 n tt n 6. 31. Barnet Vanderburgh, " Markham , Y. S t • , " 6 • 32. Archibald Wright, " Vaughan, '' " 6. 33. Jordan Post, Junr., n Markham, " " 6 • 34. James Raymond, " Vaughan, " " 6. 35. John Coomer, " " . n " 6. 36. John Gordon, n King, Y.St.Oak Ridges," 6. 37. Nathaniel Gamble, " n " Yes. 6. 38. Joseph Hewitt, " Newmarket, n 6 39. William Barber, n tt " 6. 40. John Leppard, E.Gwilliambury,Queen st,Query,)3. - 276 -
No. NAME. TOWNSHIPS. REMARKS. be paid. . . ;S; • s .-c1--: 41. George Hutchison, Lot Street. Yes. 6. 42. John Shobbrook, Township York,E.Don Bridge, 6. 43. Jacob Cook, " Toronto,Dundas St., 6. 44. Stannus Daniels, u n u " 6. 45. James Boyes., n Etobicoke, 0 u 6. 46. James Farr, ft York, 11 rt 6. 47. Zachariah Galloway, tl tt It "Humber, 6. 48. Julius M. Sandford, ff n ti 6. 49. Thomas Richardson, tt n " 6. 50. James O'Roach, fl Etobicoke," ll 6. 51. Philip Coody, tf Toronto, " 1t -6. 52. Thomas Dawson, Etobicoke, Bye Road, 3. n" 53. John Chew, York, " rt 3. 54. Edmond Robinson, It " (Query) 6. 55. James Devine, It Markham, Bye Road, 3. 56. Peter Wolfe, n Tt tt tf 3. 57. Percy Dean, Toronto, Streetsville, 3. "It 58. John Embleton, tt " 3. 59. Thomas Balderson, Beyond Lake Simcoe, 3. 60. Mary Hyde, Township Toronto, Streetsville, 3. 61. Samuel Edmonson, " Markham, Bye Road, 3. 62. George Stewart, " Torori to, " " 3. 63. Joseph Price, ff ff tt It 3. 64. John Devins, ti Humber, rt n 3. 65. Morris Bosworth, t1 Etobicoke, Dundas Street, 6.
Mr. Hugh Carfrae, Surveyor of Streets, submitted his Account to the Court, which was examined, approved and Audited, a Balance appearing in his Hands of One Pound, Eighteen Shillings and ten pence half penny.
Ordered that 1vir. Hugl.1. Carfrae be paid the sum of Thirty Pounds Currency for his services as Surveyor of Streets for the year 1826.
The Court then Adjourned Sine Die. MEETINGS OF 1rHE HOME DISTRICT
GENERAL QUARTER SESSIONS OF THE PEACE
In _the year
l 8 2 7. - 277 - GENERAL QUARTER SESSIONS OF THE PEACE holden at York on the 16th January, 1 8 2 7.
Present -Alexander McDonell, Esquire, Chairman, Grant Powell, Esquire,
The Court was opened and Commission Read. The Sheriff returned the Precept. The names of the Grand Jury were then called to the number of Twenty, and Sworn as follows:- 1. Charles Grant, Foreman, 2. John Gordon, 11. Edward Haycock, 3. Jeremiah Atkinson, 12. John McPherson, 4. William Gent, 13. Augustus Woodward, 5. Aaron Coody, 14. Solomon Stockdale, 6. Matthew Pinkerton, 15. David Bridgford, 7. Nath~niel Gamble, 16. Alexander C. Lawrence, 8. Joel Lloyd, 17. Rowland Burr, 9. James Rodgers, 18. Jacob Munshaw, 10·. William Vlebb, 19. John Arnold, 20. Archibald Wright.
They were then·charged by the Chairman and retired to consider on Bills of Indictments prepared and handed them by the Clerk.
The Account of Mr. Charles Franks, for Rooms for the Quarter Sessions holden at his Inn last November, amounting to Five Poun_ds, was approved and Audited, and
the Account of E. Wiman for 15 Chairs for the Police Office and New Court House, amounting to £6.7.6, was ~lso Audited and passed.
The following Petitions for Tavern Licenses were then submitted and recommended, paying as follows:- John Fisher for a Tavern License Pub.Rd.H.Creek, £6. Francis Phelps, Beverly Mills, Yonge Street, £6. Joseph Holly, Bye Road, Etobicoke, £3. - 278 -
GENERAL __Q.UARTER SES;3IONS OF __TH~ PEACE 16th January, 1827, continued.
James 1'.IcLaughlin and Christiana Love's Petition was signed by the Chairman and Clerk of the Peace, having been recognized by the Court as Son and Daughter of U.E. Loyalists.
The Recognizances of Andrew Cooke, Joseph R. Snider, and Ephraim Jackson, were Ordered to be respited until next Court of General Quarter Sessions of the Peace, to be holden here on the 8th May next.(No fees paid, 5/.) ( each to pay. )
The Grand Jury appeared in Court and presented two Bills against John L'Iitchell and David Patrick, for Assaults and Batteries. Ordered to lie over till 11 o'clock to-morrow morning, to which Hour the Court Adjourned. - 279 - GENERAL iU_ARTER SE9SIONS OF_ THE _PE/~CE 17th January, 1827.
The Court met pursuant to Adjournment. Present Alexander McDonell, Esquire, Chairman, Christopher Widmer, Esquire.
The Bill of Indictment found yesterday against David Patrick, for an Assault and Battery on Thomas Sum- mers, on his being arraigned Pleaded Guilty and prayed Mercy of the Court. Sentenced by the Court to pay a fine to the King of Five Shillings and Costs, and remain in Custody of the Sheriff until the whole is paid.
The King & Ann Guy ) vs ) Assault & Battery. Plea Puts. Serg't. George Mathewson,) Jury 1. Daniel Crosby, 7. James Harman, 2. Isaac 1\Ior:ri s, 8. Adam Harman, 3. Richard Guran, 9. George 1'..fundy, 4. Caleb McWilliams, 10. William Davis, 5. Joseph Florey, 11. John Woodrow, 6. William Harman, 12. Thomas Davis. Pro. Witnesses. Con. Ann Guy. John C. Clarke, Daniel Haley, William Bain. Verdict Not Guilty. Costs to District. ( 15/Dist. ,:
The Grand Jury again appeared in Court wlth a presentment against Herod Noble for Perjury. Ordered that the Presentment be transmitted to the Attorney General in Order that Herod Noble be prosecuted for wilful and corrupt perjury.
The King ) vs ) No Bill. Costs to the District. David Woo4 & Others,) ( 3/6) - 280 - GEliERAh_ QUARTER SESSIONS, 17th January, 1827. continued.
The King ) Assault and Battery on James Crowther. vs ) John Mitchell,) (puts) Juri 1. John Webb, 7. Abra.ham Curtz, 2. William Lloyd, 8. George Mitchell, 3. Henry Townsend, 9. ~Villiam Langham, 4. James Willson, 10. Timothy Monroe, 5. Robert Campbell, 11. Thomas Webb, 6. William Canada, 12. Zenos Hilliard. Pro. Witnesses Con. James Crowther. George·Hutchison. Richard Watson. Alexander Arms.trong. VERDI err GUILTY. Sentenced to pay a fine to th.a King of £20., and all Costs, and to remain in Custody of. the Sheriff until all is paid, say Twenty Pounds and Costs.
The Petition of Alexander Chisholm, of Toronto Bye Road, for a Tavern License, was submitted to the Court,. and approved, on his now paying for the same Three Pounds. (Mistake in charge of £6.)
John Davis ·and Unis Henry were.Sworn to give evidence before the Grand Jury, against John Henry, for an Assault and Battery on John Davis.
The Court then Adjourned till 11 o'clock to-morrow Morning. - 281 - GENERAL 9,UARTD:R SESSIONS OF THE PEJ\CE 18th.January, 1827.
Present Alexander McDonell, Esquire, Chairman, Darcy Boulton, the Younger, Esquire.
The Court was opened pursuant to Adjournment.
The Grand Jury presented.,a Bill of Indictment against John Henry for an Assault &c. on John Davis. The King & John Davis ) vs ) Assault &c. Plea Puts. John Henry. ) Jury 1. Thomas Webb, 7. Zenos Hilliard, 2. Richard· Guran, 8. Henry Townsend, 3. Francis .. Hoover, 9. James Willson, 4. Hugh Allan, 10. Robert Campbell,. 5. Daniel Canada, 11. Henry Sage, Junr., 6. William Lloyd, 12. John Webb, ' Pro. Witnesses. Con. John Davis, Unis Henry, VERDICT GUILTY.
Sentenced to pay a Fine of Two Pounds to the King, and Costs of Court, and t~ be in Custody of the Sheriff until paid, and then till he entered into Recog nizance to keep the Peace towards all his Majesty's subjects, and also towards John Davis till next Quarte·r Sessions to be holden for this District. He entered into Recognizance as follows:-
John Henry, £20.) John Watson, £10.) Condition as above. James Hutchison, £10.)
John Mattice and Sarah Mcvean were recognized by the Court as Son and Daughter of U.E. Loyalists and Petitions signed. - 282 -
GENERAL·---··-·- .. ,,,_._'..I_ OUARTER SESSIONS' 0}' THI:.. _ . ..;;;;._.--:.-PEACE 18th January, 1827, continued.
Orderecl that John Nii tchell do enter into Recognizance to keep the Peace until next General Quarter Sessions, and particularly towards James Crowther, which he did as follows:-
John Mitchell, £20.) Matthew Priestman, £10.) Condition as above. James Bennett, £10.)
The Court then Adjourned. to Thursday the 25th Instant, to meet at the Office of the Clerk of the Peace, 11 o'clock forenoon. - 283 - ADJOURNED GENERAL OUARTEH SESSIONS OF THE PEACE holden at the Office of the Clerk of the Peace on Thursday the 25th January, 1827 •
. The Court met Pursuant to Adjournment. Present Alexander 1.:CDonell, Esquire, Chairman. Christopher Widmer, Esquire.
The Petition of John Willson, Township of York, appointed Assessor of said Township for the Current year by the Town Meeting, praying that William Andrews, late Assessor of that Township, be appointed to fill that Office for the Current year. Ordered according to the prayer of said Petition.
Ordered that Mr. Thomas Carfrae, Captain of the Fire Company, do purchase a good stove for the use of the Engine House.
The Court then Adjourned to Saturday next, 27th Instant, 11 o'clock in the forenoon. - 284 - ADJOURNED GEN:;HAL------· QUAflTER SESSIONS OP TH~~ ·-----·PEACTI 27th January, 1827.
The Court met Pursuant to Adjournment of the 25th Instant. Present Alexander 1,TcDonell, Esquire, Chairman, Darcy Boulton, the Younger,) Esquires. Christopher Widmer, )
The Court was opened, a good deal of business for the consideration of the Court, which required a full meeting of the Magistrates.
The Court was Adjourned subject to the call of the Chairman. - 285 - ADJOURNED GENERAL QUARTER SESSIONS OF THE PEACE holden at the Office of the Clerk of the Peace on Tuesday the 27th February, 1827.
Pursuant to the Call of the Chairman.
Present Alexander McDonell, Esquire, Chairman, Grant Powell, and ) Christopher Widmer,) Esquires, Justices, &c.
Read a Letter from the Treasurer, stating that the Collector-for the.Town, and Township, of York is in Arrear for the Assessment of. the Years 1824 and 1825, and has not collected or paid any part for the last year, 1826. Ordered that the Treasurer be directed to put the said Collector's Bonds in Suit, if not immediately collected and paid. And also Ordered tnat all Accounts against the District will in future be audited at the Spring Sessions only. The Petition of Ja.mes Bridgland, Keeper of the Court of King's Bench, praying to be allowed to occupy certain ?tpartments in the District Court House, was read. The Magistrates have no reason to object to the prayer of James Bridgland's Petition.
The Account of Thomas Carfrae, the Younger, for a Cistern arid some other necessary Materials for the use of the New Fire Engine, amounting together to Five Pounds three shillings and sixpence Currency, was submitted to the Court, approved and Audited, to be charged to the Police Fund. The Account of Wragg & Co. for a Stove, Pan and Pipes for the New Engine House, amounting in all to £7.17.9 Currency, was also approved and Audited, also to be charged to the Police Fund. The Court then Adjourned subject to the Call of the Chairman. - 286 -
ADJOURNED GENERAL QUARTER SESSIONS OF THE PEACE holden at the Office of the Clerk of the Peace on Saturday the 24th March, 1827.
Present Alexander McDonell, Esquire, Chairman, Grant Powell, and ) Christopher Widmer,) Esquires, Justices, &c.
Ordered that William Taylor be Assessor for
the Township of York, for the Cur1"'ent year, in the room or place of William Andrews, who is unable from indisposi- tion to perform that duty.
The Court then Adjourned subject to the call of the Chairman. - 287 -
SPECIAL SESSIONS OF THE PEACE holden at York, 24th March, 1827.
Present Alexander McDonell, Esquire, Chairman, Grant Powell, ) and ) Esquires, Justices, &c. Christopher Widmer,)
Ordered that William Taylor be Assessor and Collector of the Dog Tax for last year, 1828, for the Township of York, in the place of William Andrews.
And Ordered that William Meckham be Assessor and Collector of the Dqg Tax, for the Current year, 1827, and they be each notified of their appointments.
The Court then Adjourned Sine Die. - 288 - ADJOURNED GENERAL QUARTER SESSIONS OF THE PEACE holden at the Office of the Clerk of the Peace on Monday the 23rd of April, 1827.
Present Alexander McDonell, Esquire, Chairman, The Hon'ble William Allan, ) Grant Powell, ) Esquires, Justices, Darcy Boulton, the Younger,) &c. and Christopher Widmer, )
The Speaker's Warrant in favor of William Thomson, Esquire,. for his Wages as a Member of Parliament for the County of York, attending the Commons House of Assembly during the last Session of Parliament, amounting to £37.10. Currency, was laid before the Court and approved and Audited, to be charged against the Assessment ·of the District. The Account of Thomas Carfrae for building an Engine House for the new Engine lately purchased at New York, and for his expenses in travellin~ to the United States for the purpose of securing the said Fire 'Engine, after information had been received, that the Vessel which the said Engine had been shipped in was lost, amounting in the whole to £42.4.4!, was approved, and Audited and Ordered to be charged against the Police Fund.
The Statute Labour to be performed in the Town of York for the Current year, 1827, was taken into con- sideration, and ordered to be performed under the direction of Mr. Hugh Carfrae as follows:- The Bridge at the East end of Duke Street to be repaired. York Street to be opened from its intersection with Lot Street to its intersection with Hospital Street. Market Street to be turnpiked from its Eastern extremity to its intersection with Graves Street. -· 289 - ADJOURNED GENERAL_SUARTER_ SES SI CHS OF THE :_::·;~:.:_\Q]_ 23rd April, 1827, continued.
The vacant space opposite to the Hon'ble. James Babys to be opened and called Scott Street.
Duke Street to be turnpiked from its Eastern extremity to its intersection with Caroline Street.
Duchess Street to be turnpiked from its inter- section with New Street to Caroline Street.
Richmond Street to be turnpiked from Church Street to Yonge Street.
John Street from its intersection with Market Street to its intersection with Newgate Street to be turnpiked, and the Run of1 Water bridged, but whether with Stone or ITood to be hereafter determined.
Ordered that Robert Tettle, a Servant to Mr. Justice Sherwood, do shew cause at the next Court of Quarter Sessions,to be holden for the Home District on Tuesday the 8th May next, why he refused to perform his • Statute Labour of last year when regularly warned and requested so to do by the Surveyor of Streets, Mr. Hugh Carfrae.
The Court then Adjourned subject to the call of the Chairman. - 290 - QUARTER SESSIONS OF THE PEACE holden at the Court House at York in and for the Home District, 8th May, 1827.
Present Alexander McDonell, Esquire, Chairman, Darcy Boulton, the Younger, Esq., James :Miles, Esquire, Fk. Star Jarvis, Esquire.
The Court was opened and the Commission Read. The Sheriff returned the Precept. The Grand Jury were then called and Sworn to the Number of twenty, as follows:- 1. Stanius_Daniels, Foreman, 2. John Chapman, · 11. Samuel Smith, 3. Jo~n Hollister, 12 •.James Boyes, 4. Philip Coody, 13. Thomas Robinet, 5. Amasa Wilcox, 14. David Bates, 6. Alexander Chisholm~ 15. George Silverthorn, 7. Duncan Mu1"chison, 16. Thomas Silverthorn, s.· Joseph Gardiner, 17. Benjamin Collard, 9. Amos Vfilcox, 18. Elijah Harris, 10. Stiles Stevens, 19. George Robinett, 20. Jacob .Cook. The Jury were then charged by ·the Chai:r•man and reti~ed with Bills of Indictments. The Petty Jury were. called to the number of .38.
Joseph Wadsworth appeared in Court and was Sworn to give evidence before the Grand Jury.
Timothy McPherson also appeared and prayed to be Sworn to give evidence before the Grand Jury.
Warren H. Reeve, and Peter Van Every Sworn to give evidence before the Grand Jury.
Nicholas Johnson, James Raymond and James John son ·Sworn to give evidence befor~ the Grand Jury.
Jonathan Tomlinson, Joseph Tomlinson and Benjamin Slayter Sworn to give evidence before the Grand Jury. - 291 - QUARTER SESSIONS 8th May, 1827, continued.
The Grand Jury appeared in Court with a Bill of Indictment.- The King on the Prosecution of Joseph Wadsworth) vs ) Assault and Battery. James Graham, )
Duncan Lamant, Martin McKinnon., and Archibald Lamant, Sworn to give Evidence before the Grand Jury. John Ayling, John Hays and Daniel Stafford discharged from their Recognizance by proclamation.
The Grand Jury again appeared in Court with a Bill of Indictment.- The King on the Prosecution of Warren H. Reeve ) vs ) Petit Larceny. Plea Puts. Samuel Soper, ) Jury 1. Henry Hanham, 7. Erastus Elderkin, 2. Andrew Buchanan, 8. Joseph Ward, 3. George Cutter, 9. John Johnson, 4. Francis Berry, 10. Samuel Lawrence, 5. William Gage, 11. John Belcher, Junr., 6. Andrew Ward, 12. Daniel Webber. Pro. Witnesses. Con. Warren H. Reeve, Samuel Ogden. Peter Vanevery. VERDICT GUILTY. Sentenced to one month's imprisonment. (Query if Costs to District). 15/.
The Court then adjourned to ten o'clock .tomorrow. H011E DISTRICT - 292 -
QUARTER SESSIONS OF1 THE PEACE 9th May, 1827.
Th~ Court met pursuant to Adjournment. Present Alexander McDonell, Esquire, Chairman, & James Miles, Esquire.
The King on the Prosecution of ) Joseph Wadsworth ) Assault &c. vs ) James Grayham, )
On James Grayham being arraigned pleaded Guilty of the Assault.
Sentenced to pay a fine of 5/. with Costs and to remain in Custody of the Sheriff until Fine and Costs are paid. The Recognizance of Asa Farrer Reid taken in Court to answer to a Bill of Indictment against himself and others ·for a Riot.
William Jackes, Isaac White and Ross Hayden, Sworn to give Evidence before the Grand Jury.
The Grand Jury appeared in Court with a Bill of Indictment, The King on the Prosecution of William Jt:4okes ) vs ) Petty LarQeny. Plea Puts. John Hillock, ) Jury 1. Daniel Webber, 7. George Moore, 2. George Piper, 8. Joseph Horning, 3. Alexander McFarlane, 9. George Barber, 4. John McFarlane, 10. Daniel Barber, 5. John Utter, 11. Samuel Ogden, 6. John Taylor, 12. Reid Wright. Pro. Witnesses Con. William Jack.es, George Beard, Isaac White, Ross Hayden, VERDICT GUILTY. Sentenced to be imprisoned one Calendar Month. HOME DISTRICT - 293 - QUARTER SESSIONS, 9th May, 182?, continued.
On the application of Asa Farrer Reid for a Certificate to enable him to practise physic a.nd Mid wifery, under an Act of the Provincial Parliament of the 8th Geo.4th, Chap.3. Joseph Kendrick, sworn in Court, states ~hat he has known the applicant, Reid, since the year 1804, he resided in Kingston, and was in the Province during the late War, was acting Surgeon's Mate on board one of the King's Ships.
S. 1iYashburn, Esquire, sworn, has known applicant since the year 1806, from that time he practised Physic and Surgery up to the commencement of the War, when he was employed on Board one of the King•s Ships, afterwards he was superceded, went to Brookville and practised in 1814. Upon which evidence the Certif~cate was granted, & paid 5/.
Jonathan Tomlinson) vs ) Assault and Battery. Henry Ausman, ) Pleaded Guilty upon arraignment. Sentenced to pay a fine of twenty Shillings with all costs, ,and to find two Sureties for his good behaviour, especially towards Jonathan Tomlinson and all His Majesty's liege Subjects. Himself in One Hundred Pounds and two sufficient Sureties in Fifty Pounds each, and to remain in Custody of the Sheriff until Fine and Costs paid, and Recognizance entered into.
John Armstrong was appointed Path Master on the side which divides Township of York from Scarboro'.
Ordered that Church Street be turnpiked from its intersection with Kings Street to its North Western extremity. HOME DISTRICT - 294 - QUARTER SESSIONS, 9th May, 1827, continued.
The Grand Jury appeared in Court with a Bill of Indictment, The King on the prosecution of Henry Summerfelt vs Duncan Lamont, and Martin McKinnon; whereupon a Jury was empaneled on their Plea Puts. Henry Summerfelt ) Assault and Battery. vs ) Duncan Lamont & Martin McKinnon,) Plea Puts. Jury 1. James Brown, 7. Henry Hankam, 2. Francis Lundy,and 8. Thomas Anderson, 3. William Lundy, 9. Samuel Ogden, 4. John Golden, 10. Daniel Barber, 5. James Grafton, 11. Joseph Horning, 6. Robert Anderson, 12. Andrew Ward. Pro. · Witnesses. Con. Henry Summerfelt, Archibald Lamont, Mark Shell, Donald P1,'1cK innon, James Miles, Esq., Sally Lamont, VERDICT GUILTY. Sentenced to pay a fine of five shillings ·with Costs, and find two Sureties in the Sum of Five Pounds each, and themselves in the sum of ten Pounds each, for their good behavior until next Sessions, and remain in the Custody of the Sheriff until paid, which they did as follows:-
RF~COGNIZ.ANCE. CONDITION. Duncan Lamont, £10.) Donald :McKinnon, £ 5.) Good behavior until next Sessions. Neil Lamont, £ fi. ) RECOGNIZANCE. Martin McKinnon, £10.) For Martin McKinnon's good Donald McKinnon, £ 5.) behavior till next Quarter Neil Lamont, l £ 5.) Sessions.
The Court then Adjourned to ten o'clock to- morrow morning. - 295 - QUARTER SESSIONS OF THE PEACE 10th May, 1827.
The Court met Pursuant to Adjournment. Present Alexander McDonell, Esquire, Chairman, Jam.es Miles, Esquire, Associate.
Ordered That Cpnrad Countryman do enter into Recognizance to appear at Court of next Quarier Sessions and prosecute John c~ Stooks for_an Assault on him; which he forthwith did in the Sum of £20.
Henry Ausman appeared in_Court with two pledges to enter into Recognizance for his good behavior and to keep the Peace pursuant to the_ Order df Sessions of yester- day, which was taken as follows:- RECOGNIZANCE. CONDITION. Henry Ausman, £100.) To keep the Peace towards Henry.Mulholland, £ 50.) Jonathan Tomlinson and all his · Joseph Lang, £ 50.) Majesty's liege Subjects for one year.
A Bench Wa~rant was issued to apprehend Thomas Caldwell, on an Indictment found by.the Grand Jury for an Assault &c. on Vlilliam Armstrong.
The Grand Jury again appeared in Court this day with an Indictment against Henry Surnmerfelt for an Assault and Battery on Duncan Lamont; whereupon the said Henry Summerfelt w~s arraigned and Pleaded Not Guilty. A Jury was then sworn as follows: The King & Duncan Lamont) vs ) Assault and Battery. Puts. Henry Summerfelt, · ) - 296.- GEIT2RAL OUART3R SESSIONS OF PEACE ---... ·-----Ji.I...·--, ... -...----~-,.~·--~----·------nm 10th May, 1827, continued.
Jury 1. Erastus Elderkin, 7. Daniel Webber, 2. Joseph Viard, 8. George Piper, 3. John Johnson, 9. Alexander McFarland, 4. Samuel Lawrence, 10. John McFarland, 5. John Belcher, 11. John Taylor, 6. Abram Marakle, 12. George Barber. Pro. Witnesses. Con. Martin McKinnon, Mark Sheld, Ducan Lamont. George Cutter, James Miles, Esq. Verdict Not Guilty.
George Ridout, Esq., Sworn to give Evidence to the Grand Jury. The Grand Jury appeared in Court with a Bill of Indictment against Darcy Boulton,the Younger, for an Assault and Battery on Timothy McPherson.
~ On Mr. Boulton being called Pleaded Guilty, and in his Plea stated the cause of his making the Assault.
Sentenced to pay a Fine of 5/. with Costs, which he paid to the Clerk in Court, who handed the fine to the Deputy Sheriff. Asa Far~er Reid, John Gordon, and Thomas McAdams Ordered to be committed to stand trial at next Assizes. (The Oath of Allegiance was Administered to Joseph B. Spragg, John G. Spragg, James A. Smith and Charles B. McDougall and James McDonell; (not paid).
The Court then Adjourned to Saturday the 19th Instant, 11 o'clock, Clerk Peace's Office. - 297 - ADJOURNED GENERAL QU1~RTER SESSIONS Ol11 THE PEACE 19th May, 1827.
Present Alexander lJcDonell, Esquire, Chairman, Darcy Boulton, the Younger, Esquire, Christopher \'fidmer, Esquire,
The following Accounts were then submitted to the Court, and approved and Audited, viz.- Robert Stanton,Esq's., Account for Printing in all,£4.12. 7 Late Sheriff Ridout's a/c. for Sundries for tl~ Gaol from 13th May 1826, to 19th May 1827,in all,15.16. 7 Late Sheriff's Accounts for Summoning Juries for the Quarter Sessions and for Stationery for ·same, • • • • • • • • • • . . • . • • • 20. Do. do. for Sundries for Gaol and Court House, 93.17. O} Do. do. for Summoning Juries for Assizes and. for attendance and expenses, • • • • • • • • . 24.16. 8
Gaoler's Account for Salary and Contingences, •. 125. 4. 9 High Constable's Salary, ••••.•.••• 25. Do. do for travelling and other expenses, ••. 11.15. 4 Coroner's Account, •.• 72. o. 1 Bradshaw McMurray's a/c. for Executing Warrants, .10.
Ordered that Newgate Street be turnpiked from its intersection with Yonge Street.
Ordered that the present Fire Company be dis- solved, and a Company consisting of 3&, including Officers, be forthwith organized. The Captain, Thomas Carfrae, is authorized to receive names for the approval of the Magistrates, it being understood that they are to serve ·for two years and be exempt from serving as Constables or Militia hlen while so enrolled.
Ordered that Jacob Latham be Summoned to shew cause why he has not come forward to be Sworn in and - 298 -
ADJOURNED GENERAL cmARrrER SESSIONS OF THE PEACE 19th May, 1827, continued. perform the duties of Path J1aster from the Town of York to Scarboro', on the Dundas Street Road.
Ordered that Hugh Carfrae be appointed Path Master for Lot Street, the boundary to which James Oliver had been named by the Town Meeting, the said Oliver having declined to act.
And Ordered that William Jackes, Junr., be Path Master from the Town of York to the Poplar Plains.
The Court then Adjourned subject to the Call of the Chairman. - 299 - SPECIAL SESSIONS OF THE PEACE 17th May, 1827.
Present Alexander McDonell, Esquire, Chairman, William Allan, ) Grant Powell, ) R. C. Horne, ) Esquires, Justices, &c. and ) C. Widmer, )
Samuel Ridout, Esquire, sworn as Register for the County of York, having entered into Bond as required by Law, which was Ordered to be left for the present, with the Clerk of the Peace.
Court then Adjourned subject to the Call of the Chairman.
Previously omitted. - 300 - ADJOURNED GENERAL QUARTER SESSIONS OF THE PEACE------holden at York 12th June, 1827.
The Court met Pursuant to Summons of the Chairman. Present Alexander McDonell, Esquire, Chairman, Hon'ble William Allan, ) D'Arcy Boulton, the Younger,) Esquires, Justices, Grant Powell, and ) &c. Christopher Widmer, )
The Treasurer laid his Accounts before the Court, which were examined and Audited as follows: No.l, Loan a/c. with the Bank, balance appears due by the Treasurer's Statement to the said Bank of Upper Canada, ••••••. £3475. 9. 6
No.2, District a/c. Balance due the District, 260.10. 1 No.3, Police a/c. Balance in Treasurer's Hands, 15.14. 9 No.4, Market Lot Fund, do. do. . do .. 180.10. 2
On referring to the Coroner's Account it appeared to the Magistrates now present, That the Coroner is not entitled to the Fee of 13/4 upon View of a Corpse; it is therefore to be discontinued in future.
Ordered also that the charge for Transmitting the Assessment Rolls to the Collectors of the different Townships, made by the Clerk of the Peace, (for many ye~rs by authority of the Court) to a trusty person to receive Bonds from Collectors when no Bonds had been given, and receiving Receipts of the Collectors on the delivery of said Assessment Rolls, be discontinued.
Ordered that the Attorney General be requested to prepare Leases for the respective Persons who are Occupiers of the Market Lots. - 301 - ADJOURNED GENERAL QUARTER SESSIOHS OF THE Vi?ACE 12th June, 1827, continued.
No.5, The Clerk of the Peace's a/c. against the District, £132. 0.11 No.- Do. Do. Do. against the Police, • 5 .12. 7 Was after examination approved and Audited. No.6, Haydon and Pord's a./c. for extra duty and Materials for the Gaol and Court House, approved, ••...••• 12. 7. 4 No.7, Corry Colson, Clk. Market's a/c. for stamps , • • . . . . • • . . • . • • • . .10. No.8, Higgins, High Constable's, a/c. for advertisments for Town Meetings, •• . . • 5.
FIRE COMPANY REGULATIONS
Ordered that Twenty Pounds Currency be paid yearly to Mr. Thomas Carfrae, Junior, to commence from the first day of January 1827, while in charge of the two Fire Engines, and that he deliver to the Clerk of the Peace a list of the several articles belonging to the said Engines.
Ordered that William Taylor be Path Master on Lot Street from the Corner of Yonge Street to Sandford's Corner. The application of some Gentlemen residing on
Lot Street, praying to be allowed their Statute Labour between Sandford's Tavern to the Dugway, was acceded to, viz., Er. Dunn Sprague and George Dennison.
The Names of the Volunteers of the York Fire Company as Signed by them, and the Regulations as adopted
by them, and approved by the Magistrates in Gerieral Quarter Sessions adjourned from time to time to this 12th day of June, 1827, from the 8th May last, is continued on the six following pages. - 302 -
\'IE the _undersigned Inhabitants of the Town of York do hereby volunteer as Firemen for the said Town, for the space of two years from the within date to be exempted from Constable and t:ilitia duty, and no other, binding ourselves to conform to the Bye Laws regarding the same. ) York 19th May 1827.) )
VOLUNTEERS. VOLUNTEERS. Thomas Carfrae, Christopher Elliot Peter McPhail, William Musson, 20 Erastus Wiman, Jonah Hugill, James Jobbitt, Jonathan Hugill, William Atkinson, 5 George Nichol, George Cattermole, Lewis Bright, Charles Franks, Robert Emery, 25 David Paterson, John Knott, John Bishop, Junr., E. B. Gilbert, Joseph Bloor, 10 Robert Petch, William Moore, Thomas Kells, William Arthurs, John Ward, 30 Michael Dixon, Joseph Wadsworth, Henr:f Mosley, Thomas l\Ie llow, Theodore Turley, 15 Robert Stewart, Franklin Jackes, William Jackes, Junr., John Moore, Gershom Owen, 35 Joseph Tolfree.
The individuals whose names appear on the fore- going list have been admitted as Members of the Pire Company, and as such are exempted from serving as Con- stables or Militia men, while they continue on the list of the said Company. ) 12th June 1827 ) (Signed) Alex'r. McDonell, Cha~rman ) Qr. Sessions. •
THE ACT, ENTITLED AN ACT to make further and more effectual provision for the Prevention of Accidents by Fire, in the several Police Towns of this Province.
(Passed 30th January 1826.) = 303 -
~HEREAG the means .provided by Law, for the Prevention and extinguishing of accidental fires, have hitherto proved insufficient, from the want of a compensa tion being authorized for the services of persons ,vho may be employed as firemen. Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Assembly of the Province of Upper Canada, constituted and Assembled by virtue of and under the authority of an Act passed in the Parliament of Great Britain entitled, "An Act for making more effectual Provision for the Government of the Province of Quebec in North America, and to make further Provision for ·the Government of the said Province", and by the authority of the same that so soon as one or more Company
or Companies shall be formed in any town, where a. Police is or may be established by Law, of persons voluntarily enrolling themselves as firemen, being inhabitants of the said Town,· under the Provisions of the laws heretofore made for that purpose, it shall ~nd may be lawful, for the Justices of the Peace, in any District in which such Town may be situated, in General Quarter Sessions assembled, or the Majority of them being satisfied of the efficiency of such persons, and accepting their Enrollment, to direct the Clerk of the Peace for such District to grant to each Member of such Corps or Company a certificate that he is enrolled on the same, which certificate shall exempt the individual named therein during the period of his enroll ment and his continuance in actual duty as such firemen from 1'1ili tia duty in time of Peace, from serving as a Jury man or Constable, and from all other Parish or Town Offices any law, custom, or usuage to the contrary notwithstanding. II. Provided always, and be it further enacted by the - 304 -
authority aforesaid. That it shall be_in the power of the Justices of the Peace, in and for any District in this Province, or the },-'Iajority of them, at any General or Adjourned Sessions, upon complaint to them made of neglect
of duty by any individual of such Fire Company, to examine into the same, and for any such cause, and also in case of conviction of any individual of such Company for a breach of any of the rules legally made, for the regulation of the same, to strike off the name of any such individual from the list of such Company, and from thenceforward the Certificate which may have been granted to such individual as aforesaid, shall have no effect in exempting him from any duty or service, in the preceding clause of this Act mentioned. PROVID:ED ALWAYS NEVERTHELESS That it shall be in the discretion of the Justices of the Peace for any District of this Province, or the majority of them in General Quarter Sessions assembled, to consent to the formation as aforesaid of any Fire Company under the Pro- vision of this Act for any Police Town within their Dis- trict, or to defer the same until the circumstances of any such Town may, in their opinion, render it expedient, and
that they may also, in their discretion, from time to time, discontinue or renew any such Company or companies.
OF.FICERS OF THE COMPANY.
Thomas Carfrae, Captain. William Atkinson, Lieutenant. David Patterson, Treasurer. John Bishop,Junr., Secretary.
I. RESOLVED. That for the dicipline and regulation of this Cbmpany, a Captain, Lieutenant, Treasurer and Secretary, be
appointed by ballot, to be in Office for two years from the above date. - 305 -
II. RE~OLVED. That the Company meet on the first Monday in every month, at the hour of five o'clock from the first of April to the first of October, and from the first of October to first of April at seven o'clock P.M.
III. RESOLVED. That eighteen Members, including Captain
or Lieutenant, be a quorum, and competent to proceed to business.
IV. RESOL'VED. That the roll be called at the hours of five and seven O'Clock, as in No.II., when those absent ·shall be fined one shilling and threepence, and at the
expiration of fifteen minutes the roll be called a second time, when the absentees shall be fined one shilling and si~pence, and if absent for the night, two shillings and sixpence.
v. RESOLVED.!.- That the fines shall be paid on the first day of meeting after being imposed, and that no exemption
be admitted from fines, unless actual sickness or a reason able excuse.
VI. RESOLVED. That if the fines are not paid to the Treas- urer on or before the second day of meeting after they are levied, the name of such person or persons offending be
reported to the Company, and if not paid by the regular
Meeting night following, they shall be expelled.
VII. RESOLVED. That all monies, by fines or otherwise, go to a general fund, and be applied from time to time to such purposes as the Majority of the Company shall direct. - 306 - VIII. RESOLVED. That it shall be the duty of every member, in case of fire, to repair forthwith to the Engine House, to assist in conveying the Engine to the place of fire, to work it, and to remain there until the fire shall be
extinguished, or until discharged by the Senior Officer, under a penalty of five shillings.
IX. RESOLVED. That it is necessary for the good order of the Company, that a fine of ono shilling be imposed for disobedience of orders at private meetings, and five shil lings when on Public duty with the Engine.
X. RESOLVED. That every member of this Company wear his fire hat where practice or any duty with the Engine is required, on default of which the fine of one shilling and threepence shall be levied upon such person or persons who shall wilfully neglect this rule, unless the person or persons can prove otherwise to the satisfaction of the Company.
XI. RESOLVED. That it is expedient, should a vacancy occur, that the Company do fill it up.as soon as practic able, by the first suitable volunteer.
XII. RESOLVED. That all applications for membership to this Company be in writing, or through a Member of the Company, and that they lie over for one month after being proposed, before they can be admitted.
XIII. RESOLVED. That the Members of the York Fire Company No.I., do hereby bind themselves each to the ot~er, to - 307 - to the strict observance of the foregoing rules.
Thos. Carfrae. Capt. (Signed) John Bishop. Secretary.
Approved (signed) Alex!r. McDonell, Chairman.
The Court then Adjourned subject to the call of the Chairman. - 308 -
GENERAL QUARrrI~H SESSIO~S OF THE PEACE York, 3rd July, 1827.
Present Alexander McDonell, Esquire, Chairman, James Miles, ) and ) Esquires, Justices, &c. Star Jarvis, )
The Court was opened and the Commission Read. The Grand Jury were called to the number of twenty-two. They were Sworn and then retired. Alexander Cuthbert sworn to attend them. 1. Peter McCullom, Foreman, 2. Charles Cameron, 12. Aaron Oliphant, 3. Westly Watson, 13. Lewis Bradley, 4. Ebenezer Austin, 14. Thomas :Marigold, 5. Amos Marigold, 15. Philip Hose, 6. Peter Wolfe, 16. Aaron Silverthorn 7. Duncan Marigold, 17. Joshua Pollard, s. Frederick Stafford, 18. William Shelly, 9. Moses.Teter, 19. Timothy Street, 10. Garret Conover, 20. James Aikens, 11. William Shane, 21. John Polly, 22. John Hawkins, 23. Josiah Bennett.
Timothy Street sworn to give evidence before the Grand Jury. Margaret O'Connor sworn as the daughter of a U. E. Loyalist. Robert Galbraith, Daniel Galbraith and Samuel Howard sworn to give evidence before the Grand Jury. Maria Peer sworn to give evidence before the Grand Jury. The Petit Jury were then called. Patrick Green sworn to give evidence before the Grand Jury. George Hamilton sworn to give evidence before the Grand Jury. - 309 - GENERAL QUAR??ER SES~IONS OF THE PEACE
3rd July, 1827, continued.
The Grand Jury appeared in Court with two Bills. The King vs George Hamilton and. Eliza Kane, Assault and Battery; and the King vs Peter Oliphant, Assault, True Bills. The King & Maria Peer) vs ) Assault. Peter Oliphant, ) Jury 1. John Chambers, 7 • Thomas '.Maher, 2. John Smith, 8. John Conklin, 3. Henry Gable, 9. James Falconer, 4. Samuel Gable, 10. Peter ·Mack, 5. Peter Shook, 11. Thomas Cavern, 6. Michael Houx, 12. William Waterhouse, Pro. Witnesses. Con. Maria Peer, John Chambers, Am.asa Mathews, · Verdict Not Guilty.
Augustus Woodword sworn to give evidence before the Grand Jury.
The King & Robert Galbraith ) vs ) Assault & Battery. George Hamilton Esq. & Eliza Kane,) Jury 1. William Ogden, 7. William Andrews, 2. Moses Polly, 8. Henry Johnston, 3. Charles Campbell, 9. James Kelly, 4. Joseph Shaw, 10. Archibald Hamilton, 5. Samuel Todd, 11. Thomas Hickey, 6. James Polly, 12. Robert Jamieson. Pro. Witnesses. Con. Robert Galbraith, Luke Rodgers, Samuel Howard, James D. Oliver, Mary Robinson, Edmund Robinson, Verdict Guilty. Sentenced to pay a fine of one shilling each, with costs. Paid. - 310 - GErE?V\L_ OUARTER SESSIONS OF THE PEACE 3rd July, 1827, continued.
Robert Arthurs, Jacob Maracle, James Polly, Moses Polly, Thomas Lundy, Thomas Vhitesides, William Andrews, James Chambers, John Stringer, and Robert Hamilton sworn to give evidence before the Grand Jury. Joseph Chambers sworn to give evidence before the Grand Jury. Joseph James sworn to give evidence before the Grand Jury. Samuel Todd sworn to give evidence before the Gra_nd Jury. Isaac Campbell sworn to give evidence before the Grand Jury. Thomas Casberry and William Reid sworn to give evidence before the Grand Jury.
Ordered that a Bench Warrant issue to apprehend George Hamilton, Esquire, and Eliza Kane.
Edward Armstrong sworn to: give evidence before the Grand Jury.
The Grand Jury appeared in Court with two Bills. The King versus John C. Stooks, Petit Larceny, No Bill. Costs to be charged to District. 17/. The King versus Daniel Brooke, Junior, Assault and·Battery, a True Bill.
Henry Shell sworn to give evidence before the Grand Jury.
Court Adjourned to 10 o'clock to-morrow. - 311 - GENERAL QUARTER SESSIONS OF THE PEACE 4th July, 1827.
The Court met Pursuant to Adjournment. Present Alexander McDonell, Esquire, Chairman, James Miles, Esquire, Associate.
Thomas Robinett sworn to give evidence before. the Grand Jury.
George Hamilton, Esquire, ) A Riot, and a vs ) Violent Assault Daniel Galbraith, ) and Robert Galbraith and Samuel Howard,) Battery.
Jury 1. James Allan, 7. Isaac Hendershot, 2. James Clendennon, 8. Henry·Gable, 3. Francis Lightheart, 9. Samuel Gable, 4. Amasa Matthews, 10. Peter Grenius, 5. John Chambers, 11. Michael Houx, 6. John Smith, 12. Peter Shook, Pro. Witnesses. Eliza Kane, George Hamilton, Esq., James D. Oliver, Christopher Widmer, Esq., John J?. Tailor, Edmund Robinson, Mary Ann Robinson, and Mary Robinson Verdict Guilty. Sentenced to pay a fine of £5. each with costs, and find security for their good behavior for a twelve- month, and remain committed until complied with.
William Thompson, Esquire, sworn to give evi- dence before the Grand Jury. William Birdsall sworn to give evidence before the Grand Jury. Charl·es Cameron sworn to give evidence before the Grand Jury. Ezra Annis sw~rn to give evidence before the Grand Jury.
Isaac Simpson's Recognizance taken in the sum of Twenty Pounds to appear to answer to a complaint pre- - 312 - GENERAL QUARTER SESSIONS OF THE PEACE 4th July, 1827, continued.
ferred against him by Ezra Annis. Ordered that a Bench Varrant issue to apprehend Samuel Howard.
The Court then Adjourned to 10 o'clock to-morrow. - 313 - GEN~_:-:iR_~_f\.I_.J _Q-4'.U_}_;.\R_.;;.T~R SES SI OI_.rs_o_r_, _T_}_{L_t PEACE 5th July, 1827.
The Court met pursuant to Adjournment. Present Alexander 1'IcDonell, Esquire, Chairman, James Miles, Esquire,
The King and Patrick Green) vs ) Assault & Battery. Daniel Brooke, Junior, ) Jury l. John Conklin, 7. William Ogden, 2. James Falconer, 8. Moses Polley, 3 • Thomas 1'/Iahe r , 9. Charles Campbell, 4. Pe tar };lack, 10. Joseph Shaw, 5. Thomas Cavern, 11. Samuel Todd, 6. Willi~m Waterhouse, 12. James Polley, Pro. Witnesses. Con. Patrick Green, Thomas Brook, Dennis Linch, Lambert Brook, Thomas A. Gebb, John Fenton, Abednego Mathern, Verdict Guilty. Sentenced to pay a fine of five shillings, with
Costs. Paid.
Abraham Shell, Henry Shell, and Josiah Bennet sworn to give evidence before the Grand Jury. William Coats, Susan Coats, and Joset Ells, sworn to give evidence before the Grand Jury. George Hamilton, Esquire, and Eliza Kane sworn to give evidence before the Grand Jury. John Chambers, John Stringer, Charles Campbell, \Villiam Ogden, and Daniel Larigold sworn to gi've evidence before the Grand Jury.
The Grand Jury appeared in Court with a Bill. The King vs James Falconer. No Bill.
Court Adjourned to 12 o'clock to-morrow. - 314 - GENERAL QUARTER SESSIONS OF THE PEACE .6th July, 1827.
The Court met Pursuant to Adjournment. Present Alexander ·McDonell, Esquire, Chairman, Grant Powell, Esquire.
The Grand Jury appeared in Court with a Bill of Indictment, the King vs Robert Galbraith, Perjury, a True Bill, and two Presentments, The King vs Archibald Routledge, Assault and Battery; and the King vs Catharine Grady, Larceny. Mary Gartskill sworn to give evidence before the Grand Jury. John Sparks discharged by Pro clamation. Ordered that a Bench Warrant issue to apprehend Robert Galbraith to answer to a complaint of Perjury, at the next Assizes, Costs 15/. to be charged to District.
Abraham Brown and Benjamin Collard sworn to give evidence before the Grand Jury.
Ordered that James Bell receive a license for keeping a Beer House. William Cooper, Mary Cooper, and George Cooper be discharged by Proclamation.
Ordered that a Bench Warrant issue to apprehend William Burns, Daniel Vanvolkenburgh, Ira Vanvolkenburgh, Loyal Vanvolkenburgh and James Harris.
John Stringer, James Chambers, John Hamilton, Joseph Grayham, Archibald Routledge, Michael Crawford, Robert Hamilton, Thomas Whitesides, Joseph Chambers, Samuel Moore, and James Hamilton entered into security for their appearance at the next Assizes to answer ·to any - 315 - GENERAL J.LUARTER SESSIONS OF THE PEACE
6th July, 1827, continued.
complaint that may be preferred against them, and to remain there until discharged. Their Sureties John Whitesides Senior, Thomas Grayham, and Thomas Anderson. The Parties in the sum of £30. each, and Sureties in £15. each.
The Grand Jury appeared in Court with a Present ment, The King vs Joseph Derro, Grand Larceny. Ordered that a Bench Warrant issue to apprehend Joseph Derro.
Court adjourned to 10 o'clock to-morrow. - 316 - GENERAL QUARTER SESSIOF~3 OF THE P~AC-8 7th July, 1827.
The Court met pursuant to Adjournment. Present Alexander McDonell, Esqui~e, Chairman, Christopher Widmer, Esquire.
Ordered that a Bench Warrant issue to apprehend John Whitesides, Junior.
The Grand Jury appeared in Court with a Bill, The King vs Robert Hamilton, Perjury. The Recognizance of Robert Hamilton taken in the Sum of £40., to appear at the Assizes to answer to a Presentment by the Grand Jury for Perjury. Robert Blevins and John Armstrong, his Sure ties' in the sum of rrno. each.
Ordered that a true and correct Statement, in detail, of all monies raised, levied, and collected for ... the year 1826, by vlrtue of and under the Authority of an Act, or Acts of this Province imposing Rates and Assessments upon the Inhabitants thereof, for the Public uses of the District, with a detail of the expenditures, during the said period, together with the account for which the same is paid, be published in the Upper Canada Gazette.
Ordered that a Bench Warrant issue to apprehend :Mary Gartskill and Christopher Robison to appear and prose- cute Joseph Derro, at the next Assizes. John Andrew Boulton and Allen McDonell sworn to bear true allegiance to the King. John ~hitesides, Junior, and Thomas Care- foot's recognizance taken to appear at the next Assizes in the Sum of £30., Thomas Grayham and Robert Blevins their security, in the sum of £15. each. - 317 -
GEN:§.~t\L _QUARTER SESSIONS OP THE PEACE 7th July, 1827, continued.
The Grand Jury appeared in Court with a present ment -- the bridges from the River Credit to the Humber, inclusive, upon the Lake Road, Also from the Credit to the Humber on Dundas Road, inclusive, together with the Causeways on the same. Ordered that a Bench Warrant issue to apprehend Archibald Routledge.
The Grand Jury appeared in Court with a Bill. The King vs Catharine Grady, Larceny, a true Bill.
The recognizance of Samuel Howard taken in the sum of £20. and William Arthurs and Thomas V/hi tesides in the sum of Ten Pounds each, for his good behavior for a twelve month, and to keep the Peace towards his Majesty's subjects. The King ) vs ) Larceny Catharine Grady,) Jury
1. Amas a l/Ia thews, 7. John ConJ..~lin, 2. John Chambers, 8. Thomas Maher, 3. John Smith, 9. Peter Ma.ck, 4. Henry Gable, 10. Thomas Cavern, 5. Peter Grimes, 11. William Waterhouse, 6. Michael Houx, 12. William Ogden. Verdict Not Guilty. ORDERED that the following persons be appointed Constables for the Town of York for the Current year, viz: John Robinson, (sworn) Alexander Cuthbert, John Ritchie, John Armstrong, (sworn) George Cooper, Thomas Robson, Henry Churchill, (Sworn) Thomas Carroll, and Archib~ld McMillan, Harvey Sheppard previously omitted. Ordered that the following persons be appointed Constables for the Townships of Idarkham and Vaughan, viz: - for Markham, Peter Willmot and John Robinson; and for Vaughan Michael Powers and Richard Lankin. - 318
ADJOURNED GENER_AL QUARTER SESSIONS OF 'rHE PE!}CE . holden at the Office of the Clerk of' the Peace
14th July, 1827.
The Court met Pursuant to Adjournment. Present Alexander McDonell, Esquire, Chairman, Grant Powell, ) Darcy Boulton, Junr.,) Esquires, Justices, &c.
An Account of Expenses incurred by the Police Office, was presented to the Court, and Approved and Audited, chargeable to the Police Fund, Amounting to
£25.5.5i Currency.
Ordered that the Inspector of Streets be authorized to have King Street repaired with Gravel in such places as may require repair.
Ordered that George Nichols be discharged from the Fire Company (as he is about to leave the Town) and that ten additional Hats be procured for the said Company.
The Court then Adjourned subject to the Call of the Chairman. - 3L9 -
ADJOURNED GENERAL QUARTER SF:JSSIONS OF THE PEACE York, 28th July, 1827.
Present Alexander McDonell, Esquire, Chairman, Grant Powell, ) Darcy Boulton, the Younger,) Esquires, Justices, and James Fitzgibbon, ) &c.
The Court met pursuant to Adjournment.
Ordered that the Treasurer be authorized to negotiate a further loan of Two Thousand Pounds under the provision of the 6th, Geo.IV, Chap.IV.
Ordered tha. t David Gibson's charge :f'or t·he survey of Lot Street, under the direction of Darcy Boulton Junior, Esquire, be paid out of the Town Funds.
The Court then Adjourned subject to the Call of the Chairman. - 320 -
SPECIAL SESSIONS OF THE PEACE York, 1st August, 1827.
Present Alexander McDonell, Esquire, Chairman, Grant Powell, and Augustus Baldwin, Esquires.
Ordered that the Ten Pounds appropriated last year for the repair of Yonge Street, and not issued, and Ten Pounds more directed for the same purpose be paid by the Surveyor of Streets, on tha requisition of Augustus Baldwin, Esquire, - and that Ten Pounds more be paid next year in the same manner, out of the proceeds of the Commutation money, now in his hands, or which may here after come into his hands,
The Court then Adjourned subject to the Call of the Chairman. - 321 - SPECIAL SESSIONS OF rr}iE PE_f.\CE_ holden at the Police Office, York, 20th August, 1827.
Present Alexander McDonell, Esquire, Chairman·, Darcy Boulton, Jr.,) James FitzGibbon, ) Esquires, Justices, &c. and Grant Powell, )
ORDERI~D, That John O'Connor, Patrick Lynch,
Thomas Regall, Samuel Bell, William Myers, Gersom Owens,
Abednego 1'.,1athom, Thomas Brown, William Sims, Joseph Smith, Alexander White, Thomas Watson, and William Powell, be summoned to shew cause, if any they have, why warrants of distress should not be issued against them respectively for recovering the commutation money for their Statute Labour.
ORDERED, That the proposal of Thomas \/'f. Kells, for levelling the new Gaol and Court House yards, (under the inspection of Mr. Hugh Carfrae), be adopted, and when completed, that he be paid the sum of sixty one pounds Currency.
ORDERED, That the proposal of James Rannie for removing the Pickets which surround the old Gaol-yard and placing them round the new Gaol yard (and cleaning the well) be adopted, and when completed, that he receive one shilling Currency for each picket.
ORDERED, That the proposal of Theodore Twiley for furnishing an iron grate to the fan light over the
\ front door of the new Gaol, and a Chain to go across the said door, be adopted, and when completed, that he be paid the sum of thirteen pounds currency.
The Court then Adjourned subject to the Call of the Chairman. - 322 -
SPECIAL SESSIONS OF THE PEACE
H01DE}1 AT THE POLICE OFFICE, YORK 28th August, 1827.
Present Alexander McDonell, Esquire, Chairman, Grant Powell, ) Alexander Wood, ) Esquires, Justices, &c. Darcy Boulton, Junr.,) and C. Widmer, )
George Launt sworn as Register for the County of Simcoe, having entered into bond,as required by law, which was ordered to be left for the present with the Clerk of the Peace.
Court then Adjourned, subject to the Call of the Chairman. - 323 -
SPECIAL SESSIQi\TS OE' THE PEACE holden at the Police Office, York, 15th September,
1827.
Present Alexander McDonell, Esq., Chairman,
Christopher 1.'Iidmer.
ORDERED that the proposal of Thomas Summers and Andrew Thomson, for repairing the Don Bridge, be accepted, and when completed that they receive the sum of Three Pounds Currency.
ORDERED THAT the Path :Master for the beat in cluding the Don Bridge do appropriate the whole of the Commutation money for the purpose of purchasing plank for the Don Bridge.
The Court then Adjourned subject to the Call of the Chairman. - 324 - ADJOURNED GENERAL QUARTER SESSIONS of the Peace, York, 29th September, 1827.
Present Alexander McDonell, Esquire, Chairman, Grant Powell, ) ·and ) Esquires, Justices, &c. Darcy Boulton, Junr.,)
Read the Report of the Surveyor of Streets. ORDERED that Dennis Kinning, Leonard Willcox, and Morris Lawrence, be summoned to appear at the Police Office, on Saturday the 11th of October, A.M., to shew cause why · they have not performed their Statute Labour.
Read a list of articles belonging to the Fire
Engine which req~ire repair. ORDERED that the Captain of the Fire Company have the necessary repairs made, and that a Brick flue be built in the Engine House.
Read a requisition from the Sheriff requiring two cast iron trays for the Stoves. ORDERED that the Sheriff procure the same.
Read the account of Thomas Summers for repairing the Don Bridge. ORDERED that he be paid the sum of six pounds, five shillings currency, chargeable to the Absentee Assess- ment Fund. ORDERED that the North side walk of King Street from Yonge Street to Church Street,· together with the New Gaol and its enclosure, and the ground in front of it, be included in the limits assigned to the Gaol, and that after the removal of the prisoners so much of ground on the South side of King Street, between Yonge Street and Church Street, as now is included in the said limits shall cease to form a part thereof. '
The Court then Adjourned subject to the Call of the Chairman. - 325 - ADJGUHNED GENERAL QUARTER SESSIONS OF THl?__ PF:.i\CE__ _ holden at the Police Office, York, 6th October,
1827.
Present Alexander McDonell, Esquire, Chairman, Darcy Boulton, Junr.,) and Grant Powell, ) Esquires, Justices, &c.
ORDERED that so much of an Order of the four- teen th of 1'/Iay, One thousand eight hundred and seventeen entitled "precautions against fire" as limits tho appoint- ment of firewardens to six be rescinded, and that fifteen be appointed. ORDERED that the following persons, viz.- Peter Paterson, William Bergin, John Monro, John Bishop, Senr., J. C. Godwin, Thomas Robson, - - Vlillard, John Ewart Joseph Rogers, John Jardin, Richard Watson, Jesse Ketchum, William P. Patrick, John Ross, and William Phair, be appointed fire wardens for the ensuing year. ORDERED that the Captain of the Fire Company have the old Engine put into as good repair as the circum- stances of the case will admit of.
The following persons were appointed as Consta- bles for the Town of York for the Current year, in addi- tion to those already appointed, viz:- George Gars ides, Edward ~1right, William Cawthra, John Wright, Thomas hlilburn, Charles Thompson, and William Clark. ORDERED that Warrants of distress be issued against the following persons for not performing their Statute Labour, viz.- William Myers, Andrew White, - Sims, Abednego Mathern, and Leonard Wilcox. The Court then Adjourned subject to the call of the Chairman. - 326 - SPECIAL SESSIONS OF- THE PEACE holden at the Police Office in the Town of York 5th November, 1827.
Present Alexander MoDonell, Esquire, Chairman, Darcy Boulton,· Junr.,) C. Widmer, ) Esquires, Justices, &c. James FitzGibbon, ) and Robert Staunton, )
ORDERED that the Court of Requests shall be composed in future of the sitting Magistrates for the week, and the Magistrate whose turn is next for attendance in the Police Office.
ORDERED that an enclosure at the rear of the present Court House shall be made fifty-five feet square, with a privy therein, which the Sheriff is requested to get done. Also strong folding doors for tlw porch below stairs in the said Court House.
Court then Adjourned, subject to the Call of of the Chairman. - 327 - GENER.J\b_QUARTEH SESSIONS OF THE PEACE York, 20th November, 1827.
Present Alexander McDonell, Esquire, Chairman, Darcy Boulton, Junr., ) Samuel Ridout, and ) Esquires, Justices, &c. James O'Brien Bouchier,)
The Court was opened and the Commission Read. The Sheriff returned the Precept. The names of the Grand Jurors were called to the number of fifteen. 1. Jesse Ketchum, foreman, 2·. Thomas Cooper, 10. William Stevenson, 3. William Bergin, 11. Hiram Street, 4. Thomas Carfrae, 12. Jabez Lynde, 5. Charles Stotesbury, 13. Benjamin Barnard, 6. William P. Patrick, 14. Thomas Bell, 7. Joel Beeman, 15. John Cawthra, 8. Seneca Ketchum, 16. George W. Post, 9. John. Arnold, 17. John Langstaff. They were then charged and retired. The names of the Petit Jurors were then called to the number of 34.
Franklin Page, James Ruggles, and Charles R~ggles sworn to give evidence before the Grand Jury. Joseph Hudale sworn to give evidence before the G. Jury.
Morris Malone, fl n n rt It Jane and Matthew French sworn to give evidence before the Grand Jury. The Petition of Stephen---- sworn to as the son of an U. E. Loyalist. ORDERED that an apartment in the Court House having been appropriated as an Office for the Clerk of the Peace, that Officer is required to remo~e the papers con- nected with the said Office thereto, on or before the first day of January 1828.
Court Adjourned to 10 o'clock To-morrow. - 328 - GENERAL_g]j\.RTER SESS I OHS OP_ THT~ __ P:J:AC ~~ 21st November, 1827.
Court met pursuant to Adjournment. Present Alexander McDonell, Esquire, Chairman, James O'Brien Bouchier Esq., Associate.
The King & Franklin Page ) vs ) Assault & Battery. Jane French, ) Jurz 1. Thomas lviorgan, 7. Archibald liright, 2. Robert Miles, 8. Peter Mitchell, 3. John Griffith, 9. Andrew McKindry, 4. Matthew Parks, 10. James Wilkie, 5. William Munshaw, 11. Nathan Chapman, 6. Jacob Munshaw, 12. Nicholas Johnson. Pro. Witnesses. Con. Franklin Page, James Cunningham, Jane F1alieur, Matthew French, James Ruggles, Thomas Snider, John Barrifkel, Daniel Sayre, Jonathan Hale. Verdict Guilty. Fined s/. and Costs. Costs paid.
Martin Switzer sworn to give eviden6e before the Grand Jury. Francis Lightheart and William Orr sworn to give evidence before the Grand Jury. Jane Peek sworn to give evidence before the Grand Jury. Daniel Lightheart sworn to give evidence before the Grand Jury.· A Bench Warrant issued to apprehend Charles Mathews. A Bench Warrant issued to apprehend George Laur. ORDERED that William Phair and Morris Malone each receive Beer License for the Town of York.
Court Adjourned till To-morrow morning at 10 o'clock. - 329 - GENERAL QUARTER SESSIONS OF THE PEACE 22nd November, l827.
Court met pursuant to Adjournment. Present Alexander McDonell, Esquire, Chairman, James O'Brien Bouchier,, Esq., Associate.
The King and Jane French) vs ) Assault. Franklin Page, ) Jury 1. Richard Vanderburgh, 7. Adam Elliot, 2. HenrJr Miller, 8. Thomas Smith, 3. Francis Berry, 9. Martin Switzer, 4. Thomas Brown, 10. Robert Johnson, Jr., 5. Peter McNeven, 11. James,Graham, 6. James Kennedy, 12. John Casler, Pro. Witnesses. Con. Jane French, Anne Falieur, Samuel Ramsay, Esther Ruggles, John Wilson, Charles Ruggles, Henry Fosmire. · VERDICT GUILTY. Fines 5/. and Costs. Costs not paid. Ordered to be in Custody till fine and Costs are paid. The King & Joseph Udale ) vs ) Assault. George Laur, ) Jury 1. John Still, 7. John Griffith, 2. Plott. Jenks, 8. David Lewis, · 3. Caleb Elsworth, 9. Matthew Parks, 4. William Brakenrud, 10. William Munshaw, 5. Thomas Morgan, 11. William Johnson, 6. Robert Wiles, 12. Jacob Munshaw. ·Pro. Witnesses. Con. Joseph Udale, Sarah Brah. VERDICT GUILTY. Fined £2.10. and Costs. Costs not paid. Ordered to be in Custody till fine and Costs are paid. - 330 - GENERAL QUARTER SESSIONS OP THE PEACE November 23rd, 1827.
Court met pursuant to Adjournment. Present Alexander McDonell, Esquire, Chairman, Stephen Jarvis,) Grant Powell, ) Esquirest Justices, &c.
The King and Charles Ruggles,) vs ) Assault & Battery. Jane French, ) Jury 1. Archibald Wright, 7. Martin Switzer,. 2. Peter McNeven, 8. Robert Johnston, Jr., 3. Francis Berry, 9. John Casler, 4. James Kennedy, 10. William Bracken.reed, 5. Adam Elliott, 11. John Still, 6. Thomas Smith, 12. Plott Jenks, Pro. Witnesses. Con. Charles Ruggles, James Cunningham, James French, John Oumningham, John Ba.rriskel, John Campbell, Adam Papst, William Vfard, Samuel Ramsay. Verdict Not Guilty. Costs not paid.
John Sparks sworn to give evidence before the Grand Jury. James Arthurs sworn to give evidence before the Grand Jury. A Bench Warrant issued to apprehend •....•.
The King ) vs ) Petit Larceny. Joseph Goodwin, ) Neither party appearing, the Costs charged to the District. 15/.
The King ) Assault and Battery on Jane Peakey. vs ) On a Presentment the Grand Jury found Charles Matthews, ) a true Bill. To lay over till next Sessions. - 331 -
·~~~~-"--~~~~~;;_;._~---~-....;;;_-=-GENERAL OUARTER SESSIONS OF THE PEACE November 23rd, 1827, continued.
The King ) Assault. vs ) No Bill found by the Grand Jury. William Cooper,) Cost~ to District. 15J
The King ) Assault. vs ) Neither party appearing the Costs George Hutchinson,) charged to the District. 15/.
The King ) Assault and Battery. vs ) Neither party appeared. Costs charged \lebster Stevens,) to the District. 15/.
The King ) Assault and Battery. vs ) The Prosecutor not appearing, defendant Edmund Dormond, ) was discharged. Costs to the District. 15/. - 332 - ADJOURNED GENERAL QUAR'l'ER SESSIONS OF THE PEACE York, 29th November, 1827.
Present Alexander McDonell, Esquire, Chairman, Grant Powell, and ) Arad Smalley, ) Esquires, Justices, &c.
Rex Costs allowed on part of prosecution vs Franklin Page,) £1.15.0 besides Indictment.
Rex at the Prosecution of Charles Ruggles ) Costs allowed vs ) on part of Jane French, ) defence to £2.15.0 besides Indictment.
A report of Arad Smalley, Esquire, Surveyor of Roads, for a new Road between the 6th and 9th Cons. of the Township of Brock, was submitted to the Court and confirmed, which is as follows, viz:- COMMENCING on the 6th Concession at the limits between lots Nos. 5 and 6; then Northwardly on the limits between Lots Nos. 5 and 6 to the 9th Concession. The Road to be forty feet in width. Confirmed.
Also a·Repo:rt of the said Arad Smalley, Esquire, Surveyor of Roads, for a new Road from the Township of Thorah on the shore of Lake Simcoe to the large Bay in Whitby on Lake Ontario, as follows, viz:- COMMENOING in.Thorah on the shore of Lake Simcoe, about· three chains west of the mouth of the little Talbot River, then South and Easterly to the limit between Lots Nos. 7 and 8 in 1st Concession of Thorah; then S. 16 degrees East to the front of the 1st Con. of Thorah thens. 16° E. through lot No. 17 in the 14th and 13th Concessions of Brock, and a part of the 12th Concession, thens. 550 E. - 333 - ADJOURNED G~NERAL QUARTER SESSIONS OF THE PEACE ~ . ··-··--- York, 29th November, 1827, continued.
to the front of the 12th Concession on Lot No.18; then South and Easterly as the ground would admit without much variation from the course last mentioned to the front of the 11th Concession 19 Chains West of the stake between 20 and 21; then South and Easterly as the ground would admit to the 10th Concession line, seven chains east of the limits between 20 and 21; then South s0 East 55 chains, then South and East, as near a direct course as the ground would admit to the front of the 9th Concession about three rods Vlest of the post between 20 and 21; then S. 2° E. 5 chains and 50 links; then South and Easterly to the front of the 8th Concession three chains 50 links Uest of the post between 22 and 23; then on the Conces sion line N. 74° E. across No.23 and 14 chains 75 links of No.24, then Southward to the front of the 7th Concession 8 chains 90 links east of the Post between 23 and 24; then Southeasterly to the line in front of the 6th Conces- sion 8 chains and 50 links, west of the line between the Home and Newcastle Districts; then Southeasterly to the District line 14 chains 75 links south from the front of the 6th Concession of Brock; then on the said line across the remainder of the 5th Con. of Brock, the whole of the fourth, and eight chains of the 3rd Concessions; then Southwesterly to a post placed on the line in front of the 3rd Concession, 3 Chains 80 links West of the post between 23 and 24, then S. 16° E. to a post in front of the 2nd Concession, 5 chains 20 links west of the post between 23 and 24; then S. 16° E. 15 Chains 20 links; then S. 37° E. 5 chains; then S. 71° E., across a creek 5 chains to a hemlock tree; then S. 37° E. 50 chains 60 links - 334 - ADJOURNED Q.KNERA~ QUARTER SESSHrns Ql11 THE P~ACE York, 29th Npvember, 1827, continued. to the North boundary of the Township of Reach 7 chains
63 links West of the District line, then· the same course 21 chains 50 links to the District line; then on the said line across the remainder of the 14th, and 27 chains 70 links of the 13th Concession of Reach; then a South westerly course as direct as the ground ·would admit of to
the line in front of the 11th Concession of Reach 16 chains
42 links east of the post between 21 and 22; then S. 11°
W. to the front of the 8th Conccrnsion, 4 chains 50 links Vlest of the S.E.angle of No.18 in 8th Con.; then S. 3° East to the limits between lots Nos. 16 and 17 in 5th Con. of Reach 11 chains 50 links from the front of the said Concession; then on the limits between Lots Nos.16 and 17 to the front of the 2nd Concession; then a South easterly course to the line in front of the 1st Co. of
Reach, 15 chains 50 links West of the S.E. angle of No.18 in the 1st Con. of Reach; then Southerly course to the
allowance for Road between Lots Nos. 12 and 13 in rear of the 8th Con. of Whitby; then on the said allowance to the front of the 5th Con. of Whitby; then South-easterly to the allowance for Road between Lots Nos. 10 a.nd 11 in 4th Con. of Whitby, 11 chains North of the front of the said Concession, fron thence on the said allowance for Road between Lots Nos. 10 and 11 to the Kingston Road. ALSO a branch of the said road commencing in front of the 11th Con. of Brock at the post between Nos. 20 and 21 and running a Northerly course until it inter
sects the District line near the eastern extremity of the line in front of the 12th Con. of the said Township.
Confirned 29th November, 1827. - 335 - ADJOU~NED G~NERAL OUAR1'ER SESSIONS 29th November, 1827, continued.
ALSO a Report of the said Arad Smalley, Esquire, Surveyor of Roads, for a new Road from Lake Simcoe to the Big Bay in Whitby, as near the Western boundary of the Township of Brock, Reach, and Whitby, as the ground would admit; COl.'lMENCING at the road on the shore of Lake Simcoe at Lot No.24 in 7th Concession of the Township of Georgina, then South-easterly to the Town line between Georgina and Brock, then along the Town line for a short distance; thens. 27° E. to the front of the 13th Con. 36 rods east of the S.W. angle of lot No.l in the said Con.; then South-easterly to the 12th Con. line, 16 rods :Jest of the post between Lots Nos.land 2; then S. 16° E. to an ironwood tree squared on lot No.l in 11th Con; thens. 58° E. to a Beech tree in front of the 11th Con. near the centre of Lot No.3; then in centre of lot No.3 through the 10th, 9th, 8th and 7th Concessions, S. 16 0 E.; then through near the centre of lot No.3 in the 6th Con. to the front of said lot, then S. 16° E. through lot · No.3 in 5th Con.; thens. 4°E. to the stake between lots Nos. 2 and 3 in front of the 4th Con.; thens. 7° W. to the stake between Lots Nos. 1 and 2, in front of the 3rd Con.; then on the limits between lots Nos. 1 and 2 to the fron of the 1st Con.; then Southwesterly to the s.w. angle of Lot No.l in 14th Con. of Reach; then on the Western Boundary of Reach to the rear of the 10th Con.; then S.Westward to a post placed on the allowance for road
between Lots Nos. 30 and 31 in 7th Con. of the Township of Uxbridge 80 chains and 50 links distant from the said Concession; then along the said allowance until it passes - 336 -
29th }1ovem"ber, 1827, continued. the stream below the Uxbridge Mills; thens. 24° ~. to a stake on the limits between Lots Nos. 29 and 30; then
C' 1 r7./.,. 0 i ·r u• :J n. to a stake placed by the side of the road, on Lot No.29; then S.Westerly to Wing Rogers' lane on Lot No.
1 0 27; then S. 7~ E. to a Hemlock tree on the South boundary of the said Lot; then s.w. to the centre of Lot No.20 0 in 5th Con. Uxbridge; then S. 7tt E. to a Beech tree at the s. end of George \:/ebs_ter's lane; then Southwesterly to the Allowance for Road in front of the 5th Con., 3 chains 50 links N. of the limits between Lots Nos. 16 and 17 in the said Concession; thens. along the said Allow ance to the centre of Lot No.2; then ~outhardly until it intersects the Allowance for Road between Lots Nos.18 and 19 in the Township of Pickering, 100 rods N. of the front of the 9th Con. of the Township of Pickering; then South- wardly along the said Allowance until it intersects the Kingston Road. The Road to be sixty six feet in width. Confirmed in Adjourned General Quarter Sessions of the Peace, 29th November, 1827.
ALSO a Report of the said Arad Smalley, Esquire, Surveyor of Roads, for a new Road, near Mr. Bogarts' Llill in the Township of Whitchurch; COMliIENCING IN centre of the Allowance for Road on Queen Street, and at the dis~ tance of 11 chains from the North West angle of Lot No.31 in 3rd Con. of Jhitchurch; then S. 54° 30' E., 11 chains 30 links, to the Allowance for Road between Lots Nos.30 and 31; then S. 14° 40' VJ. 16 chains 58 links to the Allowance for Road on Queen Street. That part of the road - 337 = ADJOURNED_ GENERAL QQ!\RTER ~mSSIONS OF THE PEACE 29th November, 1827, continued. thus above described is to be on the East side of the line and to be 40 feet in width.
ALSO COMMENCING at the same place then S. 61°
30' W. 5 chains 58 links, S. 24 VI. 1 chain 38 links, s. 9° E. 3 chains 40 links; s. 28° 30' E. 2 chains 76 links to the Allowance for Road between Lots Nos 30 and 31 in the 2nd Concession. This part of the Road to be on the North side of the line, and to be 40 feet in width. ALSO the road that is now travelled angling through part of lot No.31 in 3rd Con., to be changed to the original Allowance between Lots Nos. 30 and 31 in said Concession. Confirmed in Adjourned General Quarter Sessions of the Peace 29th November, 1827.
ALSO, a report of the said Arad Smalley, Esquire,
Surveyor of Roads, for a road from the 5th Concession of the Township of North Gwilliambury to :Ur. Bourcher's T.Iill in the Township of Georgina. C0111U,1IENCING at the post between Lots Nos.15 and 18 in front of the 15th Con. of N. Gwilliambury, then N.
60° East to a Beech tree squared on Lot No.17 in 6th Con.; then N.E. to a post placed near thew. side of a swamp on Lot No.18 in said Concession; then Easterly to a post on Lot No.18 in 7th Con.; then a North-easterly course to Mr. Bourcher's Nlill near the Western Boundary of the Township of Georgina. Confirmed in Adjourned General Quarter Sessions of the Peace 29th November, 1827. - 338 - ADJOURNED GE'NERAL ()UARTER SESSIONS OF 'rl{E PEACE ~. ---..--- ... -----·---- 29th November, 1827, continued.
ALSO a report of the said Arad Smalley, Esquire, Surveyor of Roads, for a new Road from the 5th to the 12th Concessions of the Township of Brock. COMMENCING on the Road Allowance between Lots Nos. 6 and 7, about 55 chains N. from the front of the 5th Concession; then North Ea~terly to the posts between Lots Nos. 7 and 8 in front of the 6th Con.; then N. 16° w. on the line between Lots No. 7 and 8 to the rear of the 8th Con.; then to the Eastward on the Road Allowance to a blazed line about 21 and a half rods East of the middle of Lot No. 8 in 9th Con.; then N. 16° 7. to a hlaple tree near the North East corner of the improvement on the said Lot, and about 105 rods from the front of the 9th Con.; then N. 29° E. to the front of the 10th Con., 24 rods East of the Post between Numbers 9 and 10; then the same course to the line in front of the 11th Con., 38 rods and a half W. of the Post at the S.E. angle of Lot No.12 in 11th Con.; then Eastward on the Road Allowance to a Post 39 rods East of the Post between Lots Nos. 15 and 16 in front of the 11th Con.; then N. to the Post between Nos. 16 and 17 in front of the 12th Con •. The Road to be 3 rods in width and to be on the west side of the line from the Commencement to the 9th Con. then on the East side to the 12th Concession. Confirmed in Adjourned Ge~eral Quarter Sessions 29th November, 1827.
ALSO a report of the said Arad Smalley, Esquire, Surveyor of Roads, for a new Road from the 6th to the 9th Con. of Brock. - 339 -
ADJOURNED GENERAL QUARTER SESSIONS OF THE PEACE 29th November, 1827, continued.
CONINIENCING on the 6th Concession, at the limits between Lots Nos. 5 and 6; then Norwardly on the limits between Lots Nos. 5 and 6 to the 9th Concession. The Road to be 40 feet in width. Confirmed.
ORDERED that Arad Smalley, Esquire, Surveyor of Roads, be paid the Sum of Orte pound two shillings and sixpence for laying out, and making a Report of a road from the 6th to the 9th Con~ of the Township of Brock.
ORDERED that Arad Smalley, Esquire, Surveyor of Roads, be paid the sum of £1.17.6 for laying out and making Report of a Road from the 5th to the 12th Con. of Brock.
ORDERED that Arad Smalley, Esquire, Surveyor· of Roads, be paid the sum of £29.7.0 for laying out, and making report of a Road from the shore of Lake Simcoe in the Township of Thorah, to the Kingston Road in the Township of Whitby.
ORDERED that Arad Smalley, Esquire, Surveyor of Roads, be paid the sum of £18.0.0 for laying out and making report of a Road from the Lake shore in the Township of Georgina, to the Kingston Road in Pickering.
ORDERED that Arad Smalley, Esquire, be paid the sum of £3.2.6, for laying out and making Report of a Road near l'.Ir. Bogart's :Mill in the Township of Whi tchurche - 340 -
ADJ OURNE~ _Q~}illBl\.L __ !W:.~RTER 8ES$_I ONS OF THE P]ACE _ 29th November, 1827, continued.
ORDERED that Ar•ad Smalley, Esquire, be paid the sum of £4.7.6, for laying out and making Report of a
Road from the 5th Concession of N. Gwilliambury to 1'/Ir. Bourcher's Mills in the Township of Georgiria.
ORDERED that the Treasurer do pay to Hugh Carfrae, Surveyor of Streets,· the sum of £28 .13 .. 7!, which sum, together with a Balance of £1 .. 6.41, now in his hands, will complete his salary of £30., chargeable to the Town
and District Funds.
ORDERED that Thomas Carfrae, Junior, be paid the sum of £43. 9. 61t, as Captain of the Fire Company., being for monies expended by him and for articles furnished in repairing both Fire Engines. Chargeable to the Police Fund. - 341 - ADJOURNED GENERAL QUARTER S~§SIONS OF THE PEACE held at the Police Office York, 20th December, 1827.
Present Alexander McDonell, Esquire, Chairman, Grant Powell, ) Christopher Widmer, ) Esquires, Justices, Darcy Boulton, Junr.,) and James FitzGibbon,) &c. &c. &c.
The Captain of the Fire Company having reported that Gershom Owens, Thomas Kells, William Moore, Robert Petch, & Erastus VTiman, have withdrawn themselves from the Fire Company;
ORDERED that the Captain of the Fire Company be
authorized to replace them by such others as may be willing and adequate to the Service.
AUDITED the following Accounts, viz:- Of P. Patterson for a Stove for the Police Office, £7.10.0 Of E. Wiman for Chairs, •• ...... 5.15.0 Of James Todd for Sundries for Police Office, 3. 8. 9 Of W. Higgins, High Constable, for Salary in attending the Police Office for a year, •• • • 15. o.o Which were approved and ordered to be paid, • . . £31.13.9
Court Adjourned to the 5th January, 1828.