^>. IMAGE EVALUATION TEST TARGET (MT-S) 1 ^'-.V^fe, 1.0 I.I 1^ 128 1 2.5 - lis IIIIIM 2.2 18 pS 1.4 1.6 ■• 6" ► ^ <^»/ A y] '^^j>' V ^ o;^ ^ Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 I CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductiorts historiquos Technical and BibMographic Notes/Notes techniques et bibliographiques The Institute has attemptdd to obtain the best original copy available for filming. Features of this copy which may be bibliographically unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. D n n Coloured covers/ Couverture de couleur I I Covers damaged/ Couverture endommagde Covers restored and/or laminated/ Couverture restaurde et/ou pellicul^e Cover ;;tle missing/ Le titre de couverture manque Coloured maps/ Cartes g^ographiques en couleur Coloured ink (i.e. other than blue or black)/ Encre de couleur (i.e. autre que bleue ou noire) Coloured plates and/or illustrations/ Planches et/ou illustrations en couleur Bound with other material/ Relid avec d'autres documents Tight binding may cause shadows or distortion along interior margin/ La re liure serrde peut causer de I'ombre ou de la distortion le long de la marge intdrieure Blank leaves added during restoration may appear within the text. Whenever possible, these have been omitted from filming/ II se peut que certaines pages blanches ajout^es lors d'une res^auration apparaissent dans le texte, mais, lorsque cela dtait possible, ces pages n'ont pas 6t6 filmdes. 1 ti L'Institut a'microfilmd le meilleur exemplaire qu'il lui a 6t6 possible de se procurer. Les details de cet exemplaire qui sont peut-dtre uniques du point de vue bibliographique, qui peuvent modifier une image reproduite, ou qui peuvent exiger une modification dans la mdthoiia normale de filmage sont indiquds ci-dessous. r I Coloured pages/ Pages de couleur Pages damaged/ Pages endommagdes Pages restored and/oi Pages restaurdes et/ou pellicul^es Pages discoloured, stained or foxe( Pages d6color6es, tachetdes uu piqudes Pages detac!'ied/ Pages ddtachdes Showthroughy Transparence Quality of prir Quality indgale de I'impression Includes supplementary materii Comprend du materiel suppfdmentaire Only edition available/ Seule Edition disponible I 1 Pages damaged/ I I Pages restored and/or laminated/ r~~| Pages discoloured, stained or foxed/ I I Pages detaclied/ rri Showthrough/ I I Quality of print varies/ I ~| Includes supplementary material/ I I Only edition available/ 7 P G f C b tl » fi s o T s T ^ d e b ri ri n D Pages wholly or partially obscured by errata slips, tissues, etc., have been refilmed to ensure the best possible image/ Les pages totaiement ou partiellement obscurcies par un feuillet d'errata, une pelure, etc., ont 6t6 film^es d nouveau de faqon d obtenir la meilleure image possible. FTj Additional cork:ments:/ LxJ Commentaires suppldmentaires; Pages 51 to 58 are photoreproductions. This item is filmed at the reduction ratio checked below/ Ce document est film6 au taux de rMuction indiqud ci-dessous. 10X 14X 18X 22X 26X 30X 7 12X 16X 20X 24X 28X ] 32X itails i du odifier ' une mage The copy filmed here has been reproduced thanks to the generosity of: Douglas Library Queen's University The images appearing here are the best quality possible considering the condition and legibility of the original copy and in keeping with the filming contract specifications. Original copies in printed paper covers are filmed beginning with the front cover and ending on the last page with a printed or illustrated impres- »ion, or the back cover when appropriate. All other original copies are filmed beginning on the first page with a printed or illustrated impres- sion, and ending on the last page with a printed or illustrated impression. The last recorded frame on each microfiche shall contain the symbol ^^- (meaning "CON- TINUED "), or the symbol V (meaning "END"), whichever applies. L'exemplaire filmA fut reproduit grAce d la gAnArositA de: Douglas Library Queen's University Las images suivantes ont 6t6 reproduites avec ie plus grand soin, compte tenu de la condition et de la nettetd de l'exemplaire film6, et en conformity avec les conditions du contrat de filmage. Les exemplaires originaux dont la couvcrture en pnpier est imprimAe sont film6s en crmmenqant par Ie premier plat et en terminant soit par la dernlAre page qui comporte une empreinte d'impression ou d'illustration, soit par Ie second plat, selon Ie cas. Tous les autres exemplaires originaux sont film6s en commengant par la premidre page qui comporte une empreinte d'impression ou d'illustration at en terminant par la derniire paye qui comporte une telle empreinte. Un des symboles suivants apparaitra sur la dernidre image de cheque microfiche, selon Ie cas: Ie symbols — ^> signifie "A SUIVRE", Ie symbols V signifie "FIN". Maps, pi'jtes, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes, planches, tableaux, etc., peuvent dtre film6s d des taux de reduction diff6rents. Lorsque Ie document est trop grand pour dtre reproduit en un seul clich6, il est film6 d partir de I'angle sup6rieur gauche, de gauche d droite, et de haut en bas, en prenant Ie nombre d'images nicessaire. Les diagrammes suivants illustrent la mithode. rrata CO pelure, 1 d □ 32X 1 2 3 1 2 3 4 5 6 ^K-3. EARLY RECORDS OF ONTARIO HEING Extracts from the Records of the Court oI' Quarter Ses- SIONS FOR THE DISTRICT OF MeCKLENBURGH. (AFTER- WARDS THE Midland District.) WITH INTRODUCTION AND NOTES ./ BY ADAM SHORTT, M.A. PROFl-SSOR OF POLITICAL SGIENCE/.QUEEN'S INIVERSITY. KINGSTON I'H1NTI:I) AT TlIK DAII.V NKWS OI-FICE, vf^' M^ INTRODUCTION. Immediately after the Conquest, Commissioners or Justices of the Peace, among other officers of the law, were appointed in the Province of Quebec and various ordinances were passed by the provisional government. But the Quebec Act of 1774 entirely abolished both the political and judicial system of the colony, and repealed "all and every ordinance and ord- inances made by the Governor and Council of Quebec for the time being, relative to the civil government and administration of justice in the said Province and all commissions to Judges and other officers thereof." After the passing of the Quebec Act, therefore, the Governor and Council provided for by it began with a clean sheet, as far as the machinery for carrying on the government and adminis- tering justice was concerned. During the years 1775 and 1776 the very existence of the colony as a British possession being threatened, provision for its civil administration could not be thought of. But, with restored security in 1777, the Governor and Council began to pass laws in-- the shape of ordinances. The first one was very naturally " An Ordinance for establishing Courts of Civil Judicature in the Province of Quebec;" the second, "An Ordinance to regulate the proceedings in the Courts of Civil Judicature in the Province of Quebec," and the fifth, " An Ordinance for establishing Courts of Criminal Jurisdiction in the Province of Quebec." 6.35()4 EARLY HIXORDS OF ONTARIO. Commissioners or Justices of the Peace with summary powers both indivichuilly and collectively were again provided for. From time to time their powers and duties were enlarj^'ed until they covered quite a variety of subjects. Thus the Courts of (,)uarter Sessions came to possess both legislative and exe- cutive functions in addition to being Courts of both civil and criminal jurisdiction. After the arrival and settlement of the U. E. Loyalists in the western portion of the Province, additional Justices of the Peace were appointed for those localities, but without at first any pro- vision for Courts of Quarter Sessions or any other Courts. In all matters not permitted to be disposed of in a summary man- ner by one or more magistrates, recourse had to be had to the Courts at Montreal. Great inconvenience naturally resulted. This was only very partially retnedied by tlie passing of an Ord- inance in 1785 "for granting a limited Civil Power and Jurisdiction to His Majesty's Justices of the Peace in the remote parts of this Province." The new comers had been long accustomed to British laws and institutions, as well as local self-government, in the colonies from which they had come. Naturally, therefore, they objected very strongly to the conditions under which they found themselves placed in Canada. Here they were subjected, in the tenure of their lands and in all civil matters, to French- Canadian laws and customs, while, constitutionally at least, they were without any sanction for a system of local self-government. Complaints, protests and petitions emanated from them through various channels. At length in April 1787 an ordinance was passed (27th Geo. III. civ.) continuing a previous ordinance with reference to the administration of justice with some ad- ditions, the most important being the following clause. "Whereas there are many thousands of loyalists and others settled in the upper countries above Montreal, and in the bays of Gaspe and Chaleurs below Quebec whose ease and convenience may require, that additional districts should be erected as soon as circum- stances will permit, it is enacted and ordained by the authority aforesaid, that it may be lawful for the Governor or Commander in chief for the time being, with the advice and consent of the Council, to form by patent under the sea! of the Province, one t^ARLV RICCORDS OF ONTARIO. 3 or more new districts, as liis discretion shall direct, and to pi/c commission to such officer or officers therein as may be necessary or conducive to the ease and convenience to His Majesty's subjects residing in the remote parts of the province." Information of this intended additional relief was apparently conveyed to the magistrates of the new settlements by Sir John Johnson, who had a general supervision of the western territory. In a letter' from the magistrates to Sir John Johnson, dated Cataraqui, (afterwards Kingston), 22nd Dec. 1787 the concession is gratefully acknowledged and further improvements suggested. "Your circular letter directed to the Magistrates of the new settlements, dated the 27th November, reached this place to-day, at a time when a memorial was preparing to be laid before His Excellency Lord Dorchester in Council respecting some matters deemed essential to the welfare of the settlements in this dis- trict, and we are happy to find that his Lordship's disposition to serve us has rendered such a step unnecessary ; and it gives us an additional pleasure that we are required to transmit our sentiments on such an important subject to you Sir, of whose exertions to procure us every advantage our situation will admit of, we cannot entertain a doubt. The object that first presents itself as of the most import- ance is th,? tenure of the lands. The conditions on which they have been granted to the Loj'alists in this province are so different from what they have been used to and so much more burdensome than those offered to our fellow sufferers in Nova Scotia and New Brunswick, that they are universally disagreeable. Nothing in our opinion would conduce so much to the prosperity of these settlements as the putting the grants of lands on the same footing they are on in the rest of British America. This would at once give the most universal satisfaction, enhance the value of all the other benefits that Government have bestowed on the settlers, and prove the most powerful spur to industry of all kinds. Next in order is the due execution of justice and the admin- istration of the laws. The power lodged at present in the hands of the magistrate is found by experience very inadequate to the regulation of a district so populous and extensive as this. Many I Contained in the Letter Book of the Hon. Richard Cartwright, grandfather of the present minister of Trade and Commerce. EAKLV Ki:(:(JKI)S OF ONTARIO. causes must occur that they arc not authorized to determine, and many crimes and trespasses have and probably will be committed, that it is not in their power to punish. The courts of the lower parts of the Province are so distant and the expense and trouble of attending them, and bringing the necessary witnesses so far from their homes, so great, that unless in cases of great import- ance and enormity, offenders must always escape with impunity ; the ruinous consequences of which must be sufficiently obvious. To prevent these we would recommend the establishing at this place Courts of both Civil and Criminal Jurisdiction for the k settlemcnts in its vicinity ; so that all matters respecting either persons or property may be decided without any great delay or expense. And we think moreover that it will still be useful to the settlements that the Justices of the Peace retain the power they are invested with of deciding causes not exceeding the value p of five pounds ; as the suing for such small sums at court must generally be attended with more expense than the first demands amount to, and the speedy decision of such causes is often of more consequences to the parties than the sum itself. That the proceedings of our courts be regulated as far as possible by the Laws of England is a matter much to be wished, but whatever system is adopted in this respect we conceive it /^ would be highly useful to have it compiled into a regular form and printed. The election or appointment of proper officers in the several townships to see that the necessary roads be opened and kept in proper repair, we conceive would be of great utility, by facilitating the communication with all parts of the settlement. Humanity will not allow us to omit mentioning the necessity of appointing overseers of the poor, or the making of some kind of provision for persons of that description, who from age or accident may be rendered helpless. And we conceive it would be proper that the persons appointed to this charge as well as the road masters, should be directed to make regular reports of the state of their districts, to the courts, at their meetings, and be in all cases subject to their control." The document then goes on to deal with trade and other matters, but the portion here given throws considerable light on the working of the Court of Quarter Sessions about to be es- EARLY RICCOUDS OF ONTARIO. ne, and mitted, 2 lower trouble so far import- 3unity ; bvious. at this for the K either 2lay or eful to power 3 value [- t must mands "ten of far as /ished, jive it /^ : form everal ept in tating ;essity ! kind ge or would 'ell as rts of nd be tablished. In accordance with the authority granted in the or- dinance 25th Geo. III. c. iv, already (juoted, Lord Dorchesttir issued a proclamation dated 24th July 1788 dividing the new settlements to the west of the French limits above Montreal into four districts named Luneburg, Mecklenburg, Nassau and Hesse. ^ The district of Mecklenburg is described as "extending with- in the north and south bounds of our said province, from the western limits of the said district of Luneburg, [i.e. from the mouth of the Gananoque river] as far westerly as to a north and south line, intersecting the mouth of a river now called the Trent, discharging itself from the west into the head of the bay of Quinty, and therein comprehend'ng the several towns or tracts called or known by the names of Pittsburg, Kingstown, Ernestown, Fredericksburg, Adolphustown, Marysburg, Sophias- burg, Ameliasburg, Sydney, Thurlow, Richmond and Camder ." Under the same authority commissions were given for the establishing of a Court of Quarter Sessions in each district. In the district of Mecklenburg the court went into operation the following year. The more interesting and miportant portions of the record of this court are here published for the first time. As may be readily observed they throw much light on the beginnings of municipal government and to a certain extent of provincial government as well as on judicial administration. After giving a few samples of cases tried and sentences passed, the common run of cases disposed of is omitted, nine- tenths of them being cases of assault and battery. For the first few years the lists of the Grand Juries are given as indicating the more prominent settlers in the district at the time. The spelling of the names is given as in the record and will be found to vary somewhat. Where the name is uncertain, from the difficulty of making out the manuscript, a note of interrogation is placed after it. other light )e es- DIS McL assa Migi man orde assu I the 01 made I DISTRICT OF MFXKLKNHURG-TOWN OF KINGSTON, COURT OF gUARTFR SESSIONS. TUESDAY, THE I4TII APKIL, 1789. Present : — Richard Caitvvriglit, jr., ICsq. Neil McLean, Esq. Richard Porter, ICsq. Arch. McDonell, Esq. WEDNESDAY, THE 15TH APKII.. Present :— The same Justices. The Kiiif,' on the pro— of Joseph Uesavier vs. Alexander McDonell, Jean Mignion, Michael Leineur, Jean Chaudieau, In assault and battery. The Grand Jury delivered into court a true bill. The defendants being arraigned, Alex. McDonell, Jean Mignion and Michael Lameur plead guilty. The Jury called and sworn, were : — 1. George Galloway. 7. Arthur Orser. 2. John Wartman. 8. John F^erris. 3. Barn'bs Day. 9. Gilbert Orser. 4. Robt. Graham. 10. Malcolm Knight. 5. Peter Wartman. 11. George Murdoff. 6. Solomon Orser. 12. Wm. Bell. Witnesses for the pro : — Wm. Whitehead, Francis Seuben. For the defendant : — The Jury having considered of their verdict, by their fore- man say that the defendant is not guilty. The Court having considered the verdict of the Jury — it is ordered that Jean Chaudion, defendant, is acquitted of the assult he is charged with. ■*• I Trial by jury was permitted in certain cases on the demand of either party by the ordinance 25th Geo. Ill c.2. This was continued by 29th Geo. Ill c. Ill which made special provisions for the new districts. In the English districts trial by jury was the rule. 8 EARLY RECORDS OF ONTARIO. The court having ordered Alexander McDonell, Jean Mig- nion, and Michael Lemeur to appear do consider that they shall pay a line of ten shillings each. Grand jurors absent — Peter Vanalstine, Gilbert Sharp. Petit jurors absent — David Glyn. Charlv-s Bennett, John Cascallon, ' Wm. Smith. It appears to the court that the above named persons have been lawfully summoned and empanneled to serve at this general Court of Quarter Sessions, and have absented themselves with- out any just cause it is therefore considered that Peter Vanalstine and Gilbert Sharp do pay a fine of thirty shillings each, and that David Glyn, Chas. Bennett, John Cascallon and Wm. Smith do pay a fine of twenty shillings each. COURT OF QUARTER SESSIONS — TUESDAY, I4TH JULY, I789. Present : — Richard Cartwright, Neil McLean, James Clark, Michael Hagerman, Eben'r Washburn, Rob't Clark, Esqs. The Sheriff returned the precept to him directed with panel annexed of jurors* names, constables, &c. The Grand Jury called and sworn will appear on said panel ; Samuel Brunson and Paul Trompour being duly called were absent. The court having considered that stallions running in com- mon are a nusiance, do order that no stallion more than 2 years old shall be allowed to run after the twentieth instant under a penalty of forty shillings to be paid by the owner, — one half of which will be allowed the informer. WEDNESDAY. The King on the pro — John Baker vs. Joseph Cunnaham in trespass and assault. The Grand jury delivered into court a true bill. The defendant being arraigned pleaded not guilty. The jury without retiring, by their foreman Valentine Detlor say that the defendant is guilty of the trespass and assault where- of he stands indicted. The court having considered of the verdict of the jury — it is ordered that the defendant shall receive thirty-nine lashes on his bare-back at the public whipping post of this town, I Carscalien, EARLY RECORDS OF ONTARIO. Jean Mig- ; they shall larp. nett, John sons have his general elves with- Vanalstine 1, and that . Smith do ^, 1789- les Clark, sqs. with panel laid panel ; died were ig in com- an 2 years It under a )ne half of inaham in ine Detlor ult where- jury — it is hes on his COURT OF QUARTER SESSIONS. The Court met pursuant to adjournment of the i6th July last. MONDAY, I2TH OCTOBER. Present :— Richard Cartwright, Neil McLean, Esqs. A court of Oyer and Terminer ' having been held for this district of M - on the 20th of Sept. last, at which all the business for this district was settled, — the justices having taken into con- sideration the great inconvenience that would arise to the good people of the district on being again called together at this time and the little necessity there was for calling them, as no business appears to require it, they therefore, declined issuing any precept to summon any jury to attend at this session. A complaint having been made by Elizabeth Vansickler against John Carscallion, Alex. Chisholm and Alex. Clark of Fredricksburg for each of them detaining one of her children, and they having been duly summoned to appear at this session to show cause why the said children should not be deliverdd to their mother, and being duly called did not appear. The court having duly examined into this matter find that although the said children were bound by the church wardens " of Fred'-icksburg under the sanction of James Clark and George Singleton, Esqs., from humane and laudable motives, yet the business was not strictly legal and further that the considerations on the part of the said Jno. Caseallion, Alex. Clark and Alex. Chisholm were not sufficient, they being under no obligation to give the said children any education or instruct them in any trade, and that the said binding was without the knowledge or concurrence of the father or mother of said children, " they do therefore, order and adjudge that the said Alex. Chisholm, Alex. 1 Courts of Oyer and Terminer were established for the new districts at the same time as the courts of Quarter Sessions. Various regulations with reference to these courts are made in 29th, Geo, III. c. III. 2 Here we have probably the first record of such local officers. As no mention is made of their appointment by the Magistrates but simply the sanction of their action, they wert probably elected by the town of Fredricksburg. The neighbour- ing town of Adolphus has left a record of Town Meetings appointing town officers before any legislative authority sanctioned them. In the document quoted in the introduction the Magistrates refer to the need for such Town Officers. 3 It may be observed that both the action of the Wardens and the criticism of it by the Magistrates are based on English civil law and custom, which however, had no pLce as yet in Canada, lo EARLY RICCORDS OF ONTARIO. Clark and Jno. Cascallion, do each of them, forthwith, restore to the said Elizabeth Vansickler the child he has in his custody; — and further they order that the said Elizabeth Vansickler after receiving the said children do depart ihis district by the first con- venient opportun'ty, or at furthest by the 20th day of November next. This is indeed the ground on which she requests the restoration of her children ; and it does not appear that she has the necessary means of supporting them. ' The justices having ordered the Sheriff of this district of Mecklenburg to see that their order in favor jt Elizabeth Van- sickler is duly executed, do adjourn this court until Tuesday, the I2th day of January next. COURT OF QUARTER SESSIONS. TUESDAY, I2TH JANUARY, 1790. The Court met pursuant to adjournment of Monday, the 12th day of October last. Present : — Rich'd Cartwright, Neil McLean, Robt. Clark, Arch'd McDonell, Nich's Hagerman, Steph'n Gilbert, Esqs., Grand Jurors absent — John Cascallion, George Muiduff, sick. Petit Jurors absent — Wm. Keller, left the district, Asa Huff. The Court having considered the great abuses arising from the unlimited sale of spiritous Liquors by the Tavern Keepers in this district, to all manner of persons and at irregular hours, they do therefore order and adjudge that the following condition shall be entered in the recognisances given by Tavern Keepers previous to their obtaining a Licence. — That during the term of their said Licence they shall not entertain servants, or suffer Tradesmen or Labourers to abide in order to drink and tipple at their house longer than one hour in the day time : — nor sell any Spiritous Liquors after the hours of nine o'clock at night in Winter, and ten o'clock in Summer. Asa Hough being duly summoned to appear as a petit juror at this Court of Quarter Sessions made default, the Court do therefore order that the said A. Hough shall pay a fine of Twenty shiU's. The Court adjourn to the second Tuesday in the Month of April Next. I Elizabeth remained, however, as we find her soon after a witness fcr the de- fence of a vagabond named McCarty. EARLY RIXORDS OF ONTARIO. i: , restore to custody ; — ickler after le first con- November ;quests the hat she has district of abeth Van- uesday, the ly, the 1 2th abt. Clark, 2rt, Esqs., jiduif, sick. Asa Huff, ising from n Keepers alar hours, [ condition n Keepers ; the term , or suffer d tipple at )r sell any t night in petit juror 2 Court do of Twenty ! Month of IS fcr the de- QuARTER Sessions held at Kingston, hy adjournment 14TH DAY OF Jan'y. TUESDAY, I3TH DAY OF APRIL, I79O. Present : — Richard Cartwright, Neil McLean, Arch'd Mc- Donell, Esqs. WEDNESDAY, I4TH APRIL, I790. Charles Justin McCarty appears upon his recognisance taken upon information that he is a vagabond, imposture, and disturber of the peace. Witness for the pro. sworn, Benj'n Ciapp. For defendant, John Ratton, Wm. Williams, Eman'l Elder- bee, Alexr. Laughlan, David Lent, Eliz. VanSickler, Florence Donavan. The Court having heard the evidence for the prosecution, likewise the evidence for the defendant, will deliberate on the merits of the information against the defendant. The Court having consulted with the Grand Jury, the Court, with the approbation of the Grand Jury, do order that the said Charles Justin McCarty shall, within the space of one month, leave this district and not return, and that the sheriff of the dis- trict shall see this order duly executed. The King on the prosecution, Conraad Sills vs. Fred'k Peper for feloniously stealing and carrymg away a Plough Shear, Coulter and Bolt of the value of Ten Shill's. The Grand Jury delivered into Court a True Bill. The prisoner being called to the bar was charged upon his Indicft: to which Indict't he pleads Not Guilty — and puts him- self upon God and his Country. Witness for the prosecution Conraad Sills, John Dingman. For the defendant, The Jury retired to consider of their verdict, and having returned into Court, by their Foreman Gilbert Harris say that the defendant is Guilty. The Court having considered the verdict of the Jury do order that the prisoner shall receive thirty-nine lashes on his bare 12 EARLY RKCOKDS OF ONTARIO. back at the public whipping post. Suffer one month's imprison- ment, and shall be set in the stocks one day in each week of that month with the label of Thief. TUESDAY, I3TH DAY OF JULY, I79O. Present : — Richard Cartwright, Neil McLean, Arch'd Mc- Donell, Dan'l Wright, Robert Clark, Nich's Hagerman, Stephen Gilbert. The Grancf Jury sworn as per pannel annexed to the precept. Constables sworn for the Town of Kingston for the ensuing year, Rich'd Campbell, Philip Pember. Henry Bird appeared to answer on the complaint of Kath- erine Brown, to perform his part towards the maintenance of a Bastard Child by her. The Court having heard the parties, the said Bird does acknowledge the said child and is ready to do what the Court may order. It is ordered that the said Henry Bird shall pay the mother K. Brown the sum of ten shillings per month from the birth until the child shall be twelve months old, and that the said Bird shall give sufficient security for his sure performance of the same. Charles Justin McCarty having bsen apprehended and com- mitted by the Sheriff for having returned to this district after having left it, in consequence of an order of the last Court of Quarter Sessions held the 13th day of April last, — The Court do order that the said Charles Justin McCarty shall remain in gaol until the Sheriff shall find a proper conveyance for sending him to Oswego. The court adjourned till to-morrow morning at nine o'clock. WEDNESDAY, 14TH JULY. The Court met pursuant to adjournment. The Foreman of the Grand Jury informs the Court that Owen Ritchy, one of the Jury, is no longer able to attend from lameness. The Court order that the Grand Jury may be can- celled and a new panel made, leaving out the name of Owen Ritchy — previous to their proceeding to business. The King on pro — Archibald McDonell, Esq. vs James Mc- Tagart and George Finkle, for Misdemeanor in reiuoing to obey the summons of the said Archibald McDonell Esq., one of the Justices assigned to keep the peace in said district. EARLY RECORDS OF ONTARIO. 13 I m prison - ek of that ch'd Mc- , Stephen e precept, uingyear, of Kath- ance of a rties, the dy to do id Henry llings per ntlis old, his sure ind com- rict after Court of Court do I in gaol iing him )rning at )urt that :nd from be can- of Owen Ties Mc- to obey e of the The Grand Jury delivered into Court a True Bill. The defendants being charged upon their Indictment plead- ed not guilty, and for their trial hath put themselves on God and their Country. Witness for pro. sworn, — Arch'd McDonell, Esq., Timothy Thomson, William McGraw. The Jury retired to consider of their verdict, and having re- turned into Court, by their Foreman, John Ham, say that the defendants are Not Guilty. The Court having considered the verdict of the Jury do order the defendants to be discharged. THURSDAY, 15TH JULY. Upon the representation of Frederick Cromer of the ill treat- ment that he has received from John A. Dingman. The Court are unanimously of the opinion, that the said Frederick Cromer can or ought to ' /e with the said Dingman.' Court of Quarter Sessions held at Aoolphus Town 14TH OF January 1794.^ Present :—Richa.rd Cartwright, Jun'r, Neil McLean, Hector McLean, John Walden Myers, Hazelton Spencer, Alexander Chisholm, Bryan Crawford, Alexander Fisher, Nicholas Hager- man, Caleb Gilbert, Samuel Sherwood. The Commission of the Peace was openly read. The Sheriff returned the Precept. The Grand Jury was called and sworn. Richard Ferguson, foreman, Alex'r Vanalstine, Arch. Chisholm, Mathias Marsh, John Chisholm, Tobias W. Myers, Paul Trompour, Peter Rattan, Sen., Reuben Beedle, Benj. 1 Cromer was probably an indentured servant or bound apprentice to Dingman. It was permitted by law to bind out children until they were twenty-one years of age ^ The records for the years 1791-2-3 are wanting. During that time the Con- stitutional Act of 1791, had come into force, and the first two sessions of the new legislature of Upper Canada had passed. English law, as the rule of decision in all civil as well as criminal matters, had been formally adopted ; 32nd Geo. IIL Cap. I. Trial by jury had also been made compulsory ; 32nd Geo. IIL Cap. II. However English law and trial by jury had already been general in the Western settlements. The names of the Districts had been changed, the District of Mecklenburg becoming the Midland District. By 33rd Geo. III. Cap. VI. the Court of Quarter Sessions for the Midland District is thenceforth required to be held at Adolphus Town on the second Tuesday of January and July, and at Kingston on the second Tuesday of April and October. The first bill introduced in the first session of the first parliament of Upper Canada, was intended to provide for representative municipal institutions similar to M EARLY kl'XOKDS OF ONTARIO. i P Clap, Abram Mabee, Paul Huff, John Caniff, Win. Bell, Wm. Moon, Kuloff Orhiin, Micliael Haat, I. Howel, Samuel B. Gilbert, Joshua Goldsmith, David McGregor Roger, Owen Richards. Constables were sworn to attend the Grand Jury. The Court gave the Grand Jury the charge'. The Corrt adjourned till to-morrow at ten o'clock. WEDNESDAY, THE 15 JANUARY, I794. The magistrates in session assembled agree to the sureties proposed by the Treasurer, a Bond entered into of ^3CX) with Neil McLean and Hector McLean, Esquires, sureties^ John Croisdell appeared at the session and entered into recognisance, himself in -^40 and Peter Vanalstine in ^^40, that those in the adjoining United States, by authorizing town meetings for the purpose of appointing various town officers. This system seems to have been already in operation, in several localities, among the Loyalists. The Adolphus Town town meeting record has lately been brought to light and published in an "Appendix to the Report of the Ontario Bureau of Industries 1897." Simcoe, however, and his imported Executive Council, being frankly opposed to anything that savored of American democracy, did what they could to discourage any such measure. A counter bill was introduced, authorizing the Justices of the Peace to appoint annually divers public officers. Neither bill matured, however. ( See Simcoe's despatches to Dundas, and the Journals of the first session of the Upper Canada Legislature. Canadian Archives, Q. 279.) The following year, 1793, a compromise act was passed, 33rd Geo III. Cap. II. providing for the nomination and appoint- ment of parish and town officers. This merely permitted the ratepayers to elect certain executive town officers, whose duties were either prescribed by the act, or left to be regulated by the Justices in Quarter Sessions. Beyond the permission to fix the height of fences, the town meeting had not legally any legislative function, the town officers were independent of each other and responsible, not to those who elected them, but to the Magistrates. By 34 Geo. III. Cap. VIII. the following year, a slight additional legislative power was given to the town meetings, permitting them to fix the limits of times and seasons for certain animals running at large, but even this power was afterwards curtailed. This act, therefore, while authorizing town meetings, eflfectively strangled all interest in them except where, as in Adolphus and neighbouring townships, the limitations of the act were to a certain extent dis- regarded. Hence for years to come the Court of Quarter Sessions remained the only living centre of municipal affairs. ' Ihe charge to the jury was usually delivered by the Hon. Richard Cartwright, chairman of the Sessions. Some portions of these charges have been preserved, and they indicate that, as was necessary in a new Province but lately provided with a constitution, where there were few educational facilities, little means of communi- cation and almost no books, the addresses were of a very comprehensive character. Speaking from personal knowledge, Bishop Strachan said of them "His addresses to the grand juries at the Quarter Sessions will long be remembered for their sound principles, liberal views and tempered dignity." "^ By 33rd Geo. III. Cap. III. provision was made for the assessment and levy- ing of District taxes. The funds were to be administered by the Quarter Sessions for local purposes, such as building a court house and goal, building and maintain- ing bridges, and for the payment of various local officers. Section 25 of this act provided for the appointment of a District treasurer who should give such security as might be approved by the Magistrates. The treasurer was allowed three per cent, of all moneys received. ICARLV KIXOKDS OF ONTARIO. '5 . Bell, Wm. 1 B. Gilbert, iciiards. the sureties ;f300 with ntered into I 3^40, that or the purpose een already in lus Town town "Appendix to ivever, and his lat savored of 1 measure. A ice to appoint ( See Simcoe's Upper Canada , a compromise 1 and appoint- jayers to elect ' the act, or left rmission to fix ! function, the to those who 'ollowing year, igs, permitting ; at large, but le authorizing IS in Adolphus in extent dis- remained the rd Cartwright, preserved, and ovided with a i of communi- ;ive character. His addresses or their sound ent and levy- arter Sessions find maintain- 25 of this act such security ved three per the said John Croisdell shall appear at the Q'r Sessions in April at Kingston, in the meantime keep the peace, and in particular to Jack his Negro Boy.' Caleb Gilbert and Joshua Goldsmith are each and separately bound in ;^ro penalty to appear and give evidence on part of our Sovereign Lord the King at April Sessions, to be holden at Kingston. Solomon Orser prays he may be dischaiged from his recog- nisances. Was accordingly discharged by proclamation. COURT OF gUARTER SESSIONS, HELD AT KINGSTON, 8tH APRIL 1794. Present : — Richard Cartv/right, Jr., Neil McLean, Hector McLean, Hazelton Spencer, Alex'r Chisholm, T. Thomson, Samuel Sherwood, Richard Cartwright, Sen'r, Thomas Mark- land, Richard Porter, Thomas Dorland, Robert Clarke, William Atkinson. The Commission of the Peace was openly read. The Sheriff returned the Precept. The Grand Jury were called and sworn. Wm. Johnson, Foreman ; Wm. Crawford, Jas. Parrot, Nicholas Herkimer, Alex. Clarke, Guisbard Sharp, David Em- bury, Donald McDonell, Isaac Briscoe, Elisha Phillips, Gilbert Harris, Jas. Carscallion, Daniel Fraser, Benjamin Seymour, John Embury, Matthew Clarke, Andrew Embury, Dan'l Carr. Constable sworn to attend the Grand Jury, John Mower. The Court gave the Grand Jury their charge. All persons bound on Recognizance were called and con- tinued on their Recognizances. TUESDAY AFTERNOON. On application to the Magistrates in open sessions of Mr. James Russel, of the Town of Kingston, of his having been as- sessed in two different Townships, the Court do order that the 1 Quite a number of Negro slaves had been brought into this District from the United States. But an act had been passed the previous year, 1793. 33rd Geo. III. Cap. VII. to prevent the further importation of slaves. Though not liberating any of the slaves then held it provided that their children born after the passing of the act, should not be retained in involuntary servitude beyond the age of twenty-live years. This bill, Simcoe says, met with much opposition in the legislature. (See Canadian Archives Q. 279 p. 336.) i6 i:auly records of Ontario. name of Mr. Russel be struck out from the assessment of Fre- dericksburg, having already paid his assessment in the Town of Kingston, having been assessed for his whole property in the Town of Kingston.' THURSDAY, THE lOTH OF APRIL. The following persons were named and appointed to serve , as constables for the space of one year for the Townships here- after specified :" Mr. John McLeod, High Constable. James Beaman, Samuel Merrill, for the Town of Kingston. John McLaughlin, Jr., Pittsburgh. John Yerks, George Harpel, Township of Kingston. Nathaniel Olger, Thomas Fraser, Earnest Town. J. Hawley, George Sills, Harman Laraway, John Finkle, F'redericksburg. Michael Slott, Andrew Hufnel, Adolphus Town. Samuel Rosebush, Sidney. John Reid, Thurlow. Daniel Robertson, John Carnard, Marysburgh. Caleb Alesworth, Peter Cole, Sophiasburgh. Henry Bowen, Richmond. Amos Martin, Amherst Island. It is ordered by the Magistrates in open sessions assembled that the sum of nine pence shall be paid to the Pound Keeper for every Horse or head of Horned Cattle pounded and the sum of fourpence for every Sheep, Hog or Goat." It is likewise ordered that the Town shall receive from the owner the sum of one shilling for Registering the marks of any horse or other head of Horned Cattle. The following arrangement is ordered by the Magistrates assembled in Sessions, that the Magistrates composing the Court >j. ' This is in accordance with 33rd Geo. III. Cap. III. Section 11 which provided for the hearing of assessment appeals by the Magistrates in Quarter Sessions. 2 By 33rd Geo. III. Cap. II. Section 10, the Justices of the Peace at the April -+" Sessions were to appoint each year a high constable for the District, and a number of constables to serve in each parish, or township. •'' Section 13 of 33rd Geo, III. Cap. II requires the Magistrates to fix the fees (q be t^){en by the (own clerk and (he potind keepers. i t ent of Fie- lie Town of Jrty in the ^d to serve ships here- Kingston. in Fiiikle, issernbled id Keeper d the Sinn from the l ^ seers, or road masters, were among the officers to be elected at the town meetings, but, as will be seen from this record, the Magistrates entirely prescribed and con- trolled their duties, under the conditions laid down in the act. ■11! 11 ICAULV KICCOUDS OF ONTARIO. 'ert Clarke, \Vm. Atkinson, Timothy Thomson, John Dtisonbury, Thomas Markland. The Grand Jury called and sworn. Wm. Johnson, Foreman; And. Thomson, Alex. Clarke,'^ John Carscallion, Benj. Seymour, Jas. Richardson, Mat. Clarke, Dan'l Carr, Jno. Sharpe, Jeptha Ilawley, Jonathan Miller, Nicholas Harkimer, Dan'l Fraser, Jos. Hlunt, Wm. l''airheld,'^ Jacob Ferguson, Sheldon Hawley, Jno. Williams, David ICm- bury, Jno. Embury, Hy. Finkle. WEDNESDAY, Tllli 15th AI'KH., 1795. The followiuR persons are appointed Constables for the Midland District for the year ensuing, to serve until the end of the sessions in April, 1796. Township of Kingston, Barnabas Day, Jno. Ferris. Town of Kingston, Emmerson Busby, Titus Fitch. Township of Pittsburg, Jno. Grant. Township of Ernest Town &. Amherst Island, Nath'l Alger, David Shory, Alex. McMullen. Fredericksburgh, Sol'n Bush, Alphus Cadman, Jonas Vanabtine. Adolphus Town, James Huff, Jonas Smith. County of Hastings, Sam'l Rosebush. Township of Richmond, Adam Segar. Sophiasburgh, Peter Cole, Stephen Conger. James Robertson, Cooper, of Kingston is nominated by the Magistrates in sessions to stamp measures'. It is ordered by the Magistrates assembled in Sessions that the Magistrates of the Township of Fredericksburg and the Township of Adolphus be appointed to form a Court of Requests, from there being only two Magistrates in the Township of Fredericksburgh. COURT OF QUARTER SESSIONS, ADOLPHUS TOWN, I4TtI JULY, I795. Magistrates present : Alex. Fisher, Thomas Dorland, Francis Pruyn, Caleb Gilbert, John Peters, Esqrs. [Several cases assault and battery.] • The 32nd Geo. IH. Cap. III. establishes the English standards for weights and "jf measures, and the Magistrates in Sessions are retjuired to appoint an inspector who shall stamp the various measures in gomniercial use. 22 i:arlv records oi' Ontario. !( < ; i n QUARTliK SHSSIONS, KINGSTON, I3TH OCTOHER, 17^5. Present : Richard Cartwriglit, Alex'r Fisher, Pe'er Vanals- tine, Wm. Atkinson, Thomas Markland. It is ordered by tlie Magistrates assembled in open sessions that the sum of Twenty Eight Pounds be levied from Adolphus Town and the County of Prince Edward for Member's Wages, agreeably to an Act of Province, for the year 1793 for P. Vanals- tine, Esq., Member for the said Counties. It is ordered by the Magistrates assembled in open sessions, that the sum of Twenty Six Pounds be levied by assessment from the County of Prince Edward and Adolphus Town, for Member's Wages, agreeably to an Act of the Province, for the year 1794 for Major Vanalstine for the said counties. It is ordered by the Magistrates assembled in open Sessions, that the sum of Twenty Six Pounds be levied by assessment from the County of Prince Edward and Adolphus Town for Member's Wages, agreeably to an Act of the Province, for the year 1795 for Major Vanalstine, for the said counties. It is ordered by the Magistrates assembled in open session, that the sum of Twenty Eight Pounds be levied by assessment from the Counties of Addington and Ontario, for Member's wages, agreeably to an Act of the Legislature, for the year 1793, for J. Booth, Esq., for the said Counties. It is ordered by the Magistrates in open Sessions assembled, that tne sum of Twenty Eight Pounds be levied from the Counties of Lenox, Hastings and Northumberland, for Mem- ber's wages, agreeably to an Act of the Province, 1793 for H. Spencer, Esq., for said Counties. It is ordered by the Magistrates in open Sessions assembled that the sum of Twenty Seven Pounds be levied by assessment from the Counties of Lenox, Hastings and Northumberland for Member's Wages, agreeably to an Act of the Province, for the year 1794, for H. Spencer, Esq., for said counties. It is ordered by the Magistrates in open Sessions assembled that the sum of Twenty Six Pounds be levied by assessment from the Counties of Lenox Hastings and Northumberland for Members Wages, agreeably to an act of the Province, for the year 1795, for H. Spencer, Esq., for said Counties.' 1 The Provincial act, in accordance with which these assessments were made, was the 33rd Geo. IH. Cap. III. Section 30, which professes to follow in this mat- 1795- e'er Vanals- peii sessions 3111 Adolphus )ci's Wages, i )r P. Vanals- )en sessions, y assessment IS Town, for ince, for the i i. )en Sessions, ' assessment LIS Town for ince, for the IS. open session, >y assessment or Member's he year 1793, IS assembled, d from the i, for Mem- 1793 for H. IS assembled y assessment | mberland for ince, for the : IS assembled r assessment iiberland for ince, for the jnts were made, o\v in this mat- KAKLY in-.COKDS OF ONTARIO. 23 The Magistrates in open Sessions assembled authorize and appoint Richard Cartwright, W:n, Atkinson and Thomas Mark- land, Esqs., as a Committee to contract for and superintend build- ing a Gaol and Court House agreeably to a plan approved by the Magistrates'. AT A GENERAL ^}UARTER SESSIONS OF THE PEACE FOR THE MID- LAND DISTRICT HELD AT ADOLPHUS TOWN ON TUESDAY THE I2TH DAY OF JANUARY 1796. Jmtices present : — Alex. Fisher, Thomas Dorland, Bryan Crawford, Peter Vanalstine, Esqrs. Grand Jury sworn: — Wm. R. Bowen, Alex. Vanalstine, Pauhis Trompour, Abrm. Maby, Wm. Carey, Cornelius Van Horn, Wm. More, Peter Ruttan, Paulus Huff, Reuben Beedle, Sam'l Gilbert, John Canniff, Benj. Clap, Michael Slote, John Embury, John Huyck, Peter Vallowe. [One case of assault & battery disposed of.J Ordered that the Court be adjourned to Friday, the 26th of January Instant. Then to meet at Daniel Cole's in Adolphus Town aforesaid. TUESDAY, 26TH JAN'Y, I796. The Court met pursuant to adjournment. Present : — Peter Van Alstine, Alex. Fisher, Nicholas Hager- man, Thos. Dorland, Timothy Thompson, Thomas Markland, Richard Cartwright. Mr. Markland and Mr. Cartwright, two of the members of the Committee appointed by the Session in October last to con- tract for and superintend the building of a Court House and Gaol for the District, produced a plan which was approved of. The expense is estimated at from nine hundred to one thousand tar the ancient usage of England. Each member was to receive from the Speaker a warrant specifying the number if days during which he had attended the Assem- bly. On presentation of this, the memDer mig.it demand from the Magistrates in Sessions, a remuneration at the rate of ten shillings per day, for his attendance. The \ Magistrates were authorized to levy, for this purpose, a special rate on the section represented by the member. As these special rates gave rise at fiist to a good deal of grumbling on the part of the people, several members did not at once apply for the allowance authorized, which accounts for the above applications for back pay. 1 The act 32nd Geo. III. Cap. VIII. provided for the building of a gaol and court house in each district, specifying the location. For the Midland District they wee to be in Kingston. The Justices in Quarter Sessions were to obtain and ap- prove nlans for the erection of the gaol and court house and were to let the contract for their erection. The expense was to be borne by the district. 24 EARLY RLCORDS OF ONTARIO. pounds and the committee are requested to proceed to have the same executed. As the late Treasurer A. McLean, Esq. hath vacated his office by removing' out of the District, it is agreed unanimously that Thomas Markland, Esq. should be appointed Treasurer. Thomas Markland and Alexander Fisher enter into a joint bond for the said T Markland's due performance of the office of Treasurer, in the penal sum of five hundred pounds. di' si\ pl< tr( m th H MARCH 26th, 1796. AT A SPECIAL SESSION HELD BY THE COMMISSIONERS OF THE HIGHWAYS FOR THE COUNTY OF FRONTENAC. Present : R. Cartwright, Wm. Atkinson, Thos. Markland. Received the accounts and lists of the lollowing overseers : Aaron Brewer, John Roushorn, Micajah Purdy, Thomas Smith. Ordered, That Mr. Nicholas Herkimer take the same di- vision and work the same road that were under the direction of Micajah Purdy the last session. That Hugh Campbell should employ the people of his Di- vision in opening and improving the road from the third to the fourth concession and along the first line of the fourth con- cession. That Mr. John Roushorn, Mr. Thomas Smith and Mr. Aaron Brewer employ the inhabitants of their respective Di- visions, which are comprised within the same limits as they were last year, in improving the same roads, and that the compo- sition money,' as far as it will go, be applied towards finishing the bridges over the little River of Cataraqui in the second and first concessions. Adjourned to Saturday, 2nd April. Present, the same Commissioners. Received the accounts of Nicholas Whitesil and David Brass. It is oidered that Mr. David Brass retain the same division and employ the Inhabitants on the same roads as last session. That Thomas Howland of Pittsburg shall have within his 1 Section 13 of the road act allowed those subject to statute labor to compound •\- for it by paying, to the overseer, six shillings per day for each team and driver, or three shillings por day in lieu of personal labor. CC so Vi D. le; B( S: th ti th ed P« te cl al ai CC T ai le ti ai d to have the h vacated his I unanimously Treasurer, r into a joint mance of the d pounds. EARLY RECORDS OF ONTARIO. 25 division all the Inhabitants from Mr D McDonell's f-rm inclu- sive, to the lower extremity of the said Township, and shall em- ploy them in improving the roads from his own house to the ex- tremity of the Township adjoining the Township of Leeds. That John Grant shall have within his Division the re- mainder of the Inhabitants of the said Township and employ them in improving the roads from his own house to Mr. T. Howland's. >IERS OF THE (AC. Markland. ng overseers ; lomas Smith, the same di- 5 direction of lie of his Di- third to the fourth con- lith and Mr. sspective Di- as they were the compo- rds finishing I second and COURT OF QUARTER SESSIONS HELD AT KINGSTON THE I2TH APRIL, 1796. Present :— Rich'd Cartwright, Alex. Fisher, Timothy Thom- son, Joshua Booth, Thomas Markland, Wm. Atkinson, Peter VanAlstine, John Embury. The Commission of the Peace was openly read. The Sheriff returned the Precept. The Grand Jury was called and sworn. Geo. Forsyth, Foreman, Robt McAuley, John Carscallan, Donald McDonell, Peter Smith, Joseph Anderson, Jeptha Haw- ley, James Robins, Alex. Clarke, Michael Grass, John Everitt, Benj'n Seymour, Henry Finkle, James Parrot, Francis Prime, Sam'l McLay, Jacob Miller, Matthew Clarke. Titus Fitch & C. Burley, Constables, were sworn to attend the Grand Jury. The Court gave the charge to the Grand Jury. All persons bound on recognizance were called. It is ordered by the Magistrates in open session that an en- tire rate be continued to be levied for the ensuing year.' and David ame division LSt session, e within his lor to compound 11 and driver, or 1 By the assessment acts 33rd Geo. III. Cap III. and 34th Geo. III. Cap. VI. the inhabitant householders of the various parishes or townships were to be arrang- ed by the assessors ir ten classes according to the amount of their real and personal property, being from /50 to /loo in the first class, and from /500 to /550 in the tenth. The act prescribed a specific amount, called the rate, to be paid by each class, the rate for the first class being 2s. 6d. and for the tenth 25s. There were also a Lower and an Upper List, beyond these classes, the former rated at 2s. only, and the latter at 5s. on every ;^ioo of assessed property. These amounts were to constitute a full rate which was fixed by the act, for the first two years 794-95. Thenceforth the Magistrates in the April Sessions were to determine, after maKing an estimate of the expenditure for the year, what proportion of the rate should be levied. As stated above, the full rate was continued for 1796, but varying propor- tions were afterwards appointed. Numerous changes were made in the assessment act before 181 2. 26 iCARLV RFXORDS OF ONTARIO. lii \% III II \m I'' |i{ In' m I 1 APRIL I3TH, 1796, [One case of petty larceny and two of assault and battery were disposed of.] APRIL 14TH, 1796. John Carscallen and Alex. Clark were bound under recog- nizance in open sessions, of ten pounds each, to prosecute Wm. Rambach and Peter Petlor at the ensuing; Quarter Sessions at Adolphus Town next July. A Bench Warrant was p;ranted (directed to the sheriff) by the magistrates in open sessions assembled, to apprehend Wm. Rambach and Peter Detlor to answer an Indictment at the en- suing Quarter Sessions of the Peace. [Various accounts are ordered to be paid.] The whole amounting to sixty four pounds sixteen shillings and ten pence Halifax currency, which shall be sufficient au- thority to the Treasurer to pay the above sums out of the public stock of the District. The following persons were nominated and appointed con- stables for the term of one year for the Townships hereafter specified. Mr. John McLeod, High Constable. Thurlow, Philip Swich. Adolphus Town, Garrat Benson, Samuel Brook. Ernest Town, Richard Knight, Robinson Irish. Amherst Isle, Colin McKenzie. Marysburgh, James Gerolomy, Robt. Thomson. Fredericksburgh, John Kemp, Jacob Finkle. Richmond, Lambert Vanalstine. Town of Kingston, Wm. Good, Henry Cassidy. Township of Kingston, John Moss, Michael Diderich. Sophiasburg, Abraham Cronch, Peter D. Sidney Conger. Pittsburg, Samuel Howland. [JULY 1796, ADOLPHUS TOWN.] It is ordered by the Magistrates in open sessions assembled that the sum of twenty five pounds cu'-rency be levied upon the inhabitants of the County of Lenox and part Prince Edward County, for Member's wages, agreeable to an , .. of the Province for the year 1796. ind battery EARLY RECORDS OF ONTARIO. ider recog- ecute Wm. Sessions at sheriff) by shend Wm. at the en- sn shillings fficient au- the public inted con- ; hereafter rich. Conger. assembled d upon the ce Edward e Province (Continued from October numbtT.) Philip Peinber, Isaac Secord and Reuben Beedle having ap- plied to the Magistrates in Sessions, — It is ordered that tlie Clerk give them a certificate to obtain Licence on filing their recog- nizance, agreeable to law.' [Four cases disposed of.] A SPECIAL SESSIONS, KINGSTON, MONDAY, I2TH SEPT., 1796. Present : — Thomas Markland and Wm. Atkinson, Esqrs. The average price of flour being 20 shillings, it is ordered that the assize of bread for a 4 lb. loaf of fine wheaten flour be (jd., and that a brown loaf, weighing 6 lbs,, be gd. currency. The bakers are ordered to mark their loaves with the initial let- ters of their names." COURT OF QUARTER SESSIONS HELD AT KINGSTON, I ITH OCT., 1796. Present .-—Alex. Fisher, Peter Vanalstine, Thomas Markland, Wm. Atkinson, John Peters, Alex. Chisholm. The Commission of the Peace was openly read — The sheriff returned the Precept— The Grand Jury were called and sworn. Elisha Philips, Jacob Ferguson, Peter Detlor, Gilbert Harris, Abram Defoe, Guysbard Sharp, Wm. Rambach, James Cotter, John Richards, Henry Simmonds Foreman, Duncan Bell^ John Sharp, Ebenezer Washburn, Luke Carscallen, C. Parker. 1 Up to 1794 the retailing of liquors had been regulated by an ordinance, of the old Province of Quebec, of 1788. In 1794 this ordinance was repealed by 34th Geo. III. Cap. XII, which required that, after March 20th 1795, no licences to keep public houses for the sale of liquors should be granted to any one who had not ob- tained from the Magistrates of the Division of the District in which he resided, a certificate of his being a proper person to keep an inn or public house. The Magis- ^ trates also determined the number of public houses which might be kept in each District. The applicant on receiving his certificate was required to enter mto a bond, or recognizance of /lo for himself, together with two sureties in /s each, the bond to be filed with the Clerk of the Peace. Having complied with these conditions, the candidate applied to the Provincial Secretary, who issued the necessary licence on payment of the fees appointed. By the act 36th Geo. III. Cap. Ill, the former act was amended to the extent of permitting an application for certificate to be made to the regular Court of Quarter Sessions. It ;s in accordance with this amendment that application is made in the above and subsequent cases. ^ In the Commission of the Peace under which the Magistrates exercised their powe7s, the authority to regulate the assize of bread, one of the most ancient of the powers of an English Magistrate, was specifically assigned to the Magistrates of the Midland District. 2 8 ICAHLV Rl'XORDS OI- ONTARIO. "I 4' I I Win. Good and John Most constables were sworn to attend the Grand Jury. All persons bound in recognizances were called. Amos Ainslie, absent. Amos Ainslie, upon a second recog- nizance, absent. John Campbell, Rojal Canadian Volunteers, absent. Alex. McDonald being set to the Bar, and having informed the Court he had made up the matter for which he was com- plained against, was discharged by proclamation on his paying the costs of Court. David Bradshaw was set to the Bar and arraigned upon the indictment found against him last July Sessions at Adolphus Town, C. T. Peters Esq., attorney for defendants, having pleaded several irregularities in the indictment, the Court has taken till to-morrow to consider them. [Was found not guilty.] It is ordered by the Magistrates in open Sessions assembled that the sum of twenty nine pounds currency be levied from the Counties of Lenox, Hastings and Northumberland for member's wages for 1793. It is ordered that the sum of twenty five pounds currency be levied from the counties of Lenox, Hastings and Northumber- land for member's wages for 1796. It is likewise ordered that the sum of twenty six pounds curreiicy be levied from the counties of Addington and Ontario for member's wages for 17J4. Minute issued. Kingston, Oct. 12th. The Court met. Present, the same Justices and Joshua Booth Esq. Wm. Johnston and John Embree were sworn in as Magis- trates. Henry Simmonds was sworn in as Deputy-Lieut, of the county of Addington.' ' Simcoe, in a despatch to Dundas, the Colonial Secretary, dated Navy Hall, Nov. 4tl) 1792, states that " In order to promote an Aristocracy, most necessary in this country, I have appointed Lieutenants to the popnlous counties, which I mean to extend from time to time, and have given to them the recommendatory power for the Militia and Magistrates as is usual in England." (Canadian Archives, y. 297 1. p. 85.) This was part of Simcoe's plan for the eradication of the Old and New England system of local government, and the substitution of an arbitrary aristocrat- ic local administration. But, the Home Government discouraging this project, the system did not extend beyond the regulation of the Militia, authorized by 33rd Geo. in. Cap. I. The Lieutenants of counties were authorized under this act to nominate Deputy Lieutenants, subject to the approval of the Governor, and ap- point the other of?rers necessary for the command and training of the Militia. 1 to attend ;ond recog- ^olunteers, g informed was com- liis paying d upon the : Adolphus ts, having Court has lot guilty.] assembled i from the • member's s currency )rthumber- six pounds nd Ontario as Magis- ut. of the d Navy Hall, necessary in which I mean lory power for ;hives, Q. 297 Did and New iry aristocrat- is project, the ized by 33rd er this act to rnor, and ap- ; Militia. EARLY Rl'XORDS OF ONTARIO. 29 Duncan Bell, Shadrach Huff and Andre Layst, haviuj,' ap- plied to the Magistrates in open sessions for leave to keep Public Houses of entertainment, and retail spiritous litpiors. It is or- dered that the Clerk give them each a certificate for obtaining a licence on their filing their recognizances, agreeable to law. Lieut. Wm. Johnson was called and being set to the Bar was discharged from his recognisance by proclatnation, there appearing no prosecution against him. John Campbell being called, and not appearing, is ordered by the Magistrates that his recognizance escheated in the Court of King's Bench. [Four other cases disposed of.] The Court adjourned till Tuesday, Hth November next. Then to meet at the house of James Kemp in Fredericksburg. COURT OF gUARTKR SESSIONS MEM) BY ADJOURNMENT AT KEMP'S TAVERN, AT FREDERICKSBURG, NOV. 8tH, 1796. Present :—A\ex. Fisher, Peter Vanalstine, Thos. Dorland, Wm. Atkinson, Alex. Chisholm, John Peters, Wm. Johnston, John Embree, Esqrs. Alex. Clark, Jonathan Miller, and John Howell were sworn in as Magistrates and took their seats. The Court proceeded to the examination of Rolls of Loyal- ists delivered from the different Townships and went through the same. A petition from a number of Freeholders inhabiting the ad- ditional lands of Fredericksburg, praying they may be attached to the upper division of the District. It is ordered by the Magistrates in Sessions assembled, that a line be struck between the additional lands of Fredericksburg and the old Township of Fredericksburg and that the inhabi- tants residing East of said line be liable to be summoned as jurors at Kingston only, and that the inhabitants west of said line be liable to serve as jurors at Adolphus Town only. It is not to be understood this regulation is to extend to the Circuit Court, &c. Whereas certain regulations were made by the Magistrates in Quarter sessions assembled at Kingston on the day of , for the purpose of preventing accidents by fire m the town of Kingston, it is deemed expedient by the Magistrates 30 EARLY RECORDS OE ONTARIO. now assembled, the betier to carry the said purposes into effect, to order that from and after the pubhcation of this order, every householder in the town of Kinp;ston who shall suffer his or her chimney to take lire shall forfeit and pay the sum of twenty shillings for every time his or her chimney shall take fire, the same to be levied by distress or sale of offender's goods on con- viction before any Magistrate on the oath of one credible witness, one half of the said fine to be paid to the informer and the other half to His Majesty his Heirs and Successors.' The Court adjourned to Tuesday the 15th day of November then to meet at the town of Kingston. COURT OF yUARTER SESSIONS HELD . BY ADJOURNMENT AT KINGSTON 15TH NOV'K I796. Present : — Richard Cartwright, Tiios. Markland, Wm. At- kinson, Esqs. It appears to the Magistrates in Sessions assembled that on the I2th day of Oct last Allan McLean Esq entered into security himself in ;£'500 and Richard Cartwright Esq and Peter Smith ^^250 each for the said Allen McLean Esq truly and faithfully performing the duty of Register for the Midland District, and that Alex. Fisher, Esq., Peter Vanalstine, Thomas Markland, Wm. Atkinson and John Peters, Esqrs., five of His Majesty's Justices assigned to keep the Peace in the said district, approved of the said security. It appears to the Magistrates in sessions assembled that on the i2th of October last Mr. John McLeod entered into security himself in ;^5oo and Joseph Forsyth and Thomas Markland ^250 each for the said John McLeod truly and faithfully per- forming the duty of deputy Register for the Midland District, and that Richard Cartwright, Alex. Fisher, Peter Vanalstine, Wm. Atkinson and John Peters, Esq., five of His Majesty's Jus- tices assigned to keep the Peace in the p^id District, approved of the said security." ' The authority to prescribe regulations for the prevention of fires, like that for dutenninin>» the assize of bread, &c., came under the general powers of the Magis- trates, most of which have since been transferred to the separate municipalities. The previous regulations with reference to fires, here referred to, do not appear on the records of the Court. From the fact that no date could be given for them, it is probable that they had not been formally recorded. ■■' In 1795 the first Registry Act was passed under the title of " An Act for the public registering of deeds, conveyances, wills and other incumbrances which shall s into effect, order, every r his or her n of twenty ike fire, the ods on con- lible witness, nd the other )f November RNMENT AT d, Wm. At- bled that on into security Peter Smith nd faithfully district, and s Markland, is Majesty's ct, approved bled that on into security IS Markland ithfully per- ind District, Vanalstine, ajesty's Jus- , approved of •es, like that for s of the Magis- municipalities. ) not appear on n for them, it is An Act for the ices which shall EARLY RI<:CORI)S OF ONTARIO. 3» COURT OF (JUAKTKR SKSSIONS HELD AT ADOr.PHUS TOWN, JAN'Y 24TII, 1797.' Present .•—Alex. Fisher, Thomas Markland, John Peters, Alex, Clark, Alex. Chisholm, John Hhisker, Dan'l Wright, Sam'l Sherwood, Peter VanAlstine, Kobt. Clark, Thos. Dorland, Caleb Gilbert, John Hewell, Msq's. Robt. Young, Augustus Spencer and John Stinson were sworn in as Magistrates and took their seats. The Commission of the Peace was openly read. The Sheriff returned the precept. The Grand Jury were called and sworn. John Embury, Foreman; Wm. R. Bowen, Alex. VanAlstine, Paul Trompeau, C. Hagerman jr, John Haugh, Tobias Myers, Reuben Beagle, Leonard Myers, Willet Casey, Solomon Haugh jr, John Mcintosh, M. Ross, Ruloff Ostrum. Constables were sworn to attend the Grand Jury. John Cook, John Wiss and Ruloff Ostrum are excused from serving as Jurors in future on account of their age. It is ordered by the Magistrates that the sum of 3^26 cur- rency be levied by assessment from the Counties of Addington and Ontario for Members Wages for the year 1795, for Joshua Booth, Esq., Member for the said Counties. Likewise £2$ for the said Counties for 1796. AT A SPECIAL SESSIONS OF THE PEACE, HELD AT KINGSTON THE i8tH MARCH 1797, BY THE COMMISSIONERS OF THE HIGHWAYS. Present:— ThomdiS. Markland and Wm. Atkinson, Esqrs. Received the accounts and lists of the following overseers. [Rood work appartioned to various overseers.] be made, or may affect any lands, tenements, or hereditaments within this Pro- vince " (35th Geo. III., Cap. V.) Under this Act registers were to be appointed^ r each District, who might hold other oHices as well On en er.ny upon the.r hUies, they were to be sworn before the Justices of the Peace of the.r respect ve Districts, and were to enter into a recognizance with two or more sureties for /i.ooo. The sureties were to be approved by hve or "^"^^ /"''""VlS.l On^r' by writing, under their hands and seals, to be registered at ''»«"«''' General Quar- ter Sessions of the Peace. Similar conditions were prescribed for the deputy register to be appointed by the register. 1 Bv ^6th Geo III., Cap IV., the time for holding the Quarter Sessions of the Midland District was changed from the second to the fourth Tuesday of January and April. 32 ICANLV lilCCOKDS OF ONTARIO. KINC;ST()N, 25Tir APKir., 1797. QUARTKK SF-:SSIONS HKI.n rillS DAY. Pnsi'iit :-/\\c\. I'islier, Thotiias Markland, Wm. Atkinson, Joshua Hooth and Uobert Clark, Escjrs. The Coniniission of the Peace was openly read. The Sheriff returned the precept. The (irand Jury were called and sworn. Jos. Forsyth, I'orenian ; I*. Smith, B.Seymour, Wm. Robins, Jas. Anderson, I). Brass, K. Wilkins, J. Frazer, J. Hawley, P. (irass, N. Herkimer, S. McKay, J. Carscallen, J. Richards, S. Maw ley. Wm. Ashley and M. Dederick, Constables, were sworn to attend the Grand Jury. AI'HM. 2f>n\. Present : — The same Justices and Peter VanAlstine and Alex. Clark, Esqrs. The Magistrates in Sessions assembled ordered that a full rate be levied on the inhabitants of this District for the ensuing year. The Magistrates in Sessions assembled recommend Joseph Anderson of Kingston and Alexander VanAlstine of Adolphus Town, as proper persons to be appointed Coroners for this District. The Magistrates in Sessions assembled order that the sum of £11 6 3 be paid by the Treasurer to Mr. R. Q. Short, being so much of his account allowed for his attendance on Terence Dunn. Also the sum of £2 10 to Daniel Wright, Esq., being so much expended by him for An ^ Merritt on account of the District. Also the sum of £'j 2 3^ to Mr. Jos. Anderson, being the amount of his account as Church Warden. Also the sum of ^r 10 to the widow Angus Taylor being so much of her account allowed for boarding Terence Dunn. Also the sum of ^Tio 5 to John Cannon being, the amount of his two accounts. Also the sum of ^6 r 8 to Philip Swick, being the amount of his account for Boarding David Vanderheyden.' ^ These various accounts are connected with the relief of the poor of the Dis- trict IS MKM) Atkinson, Ml, Robins, lavvley, P. iciiards, S. e sworn to e and Alex. that a full he ensuing end Joseph r Adolphus 21S for this It the sum liort, being •n Terence , being so int of the being the r being so inn. lie amount le amount r of the Dis- KAKLV KICCOUDS OF ONTAK'K) 33 Also the sum of ^Tzo 3 to Poole England, being the balance of his accoun as Clerk of the Peace allowed. Also the sum of ;(,'o 15 to Sheldon Ilawlcy as Town Clerk of ICrnest Town for the year 1797. Also the sum of ^To 5 to Wm. Bell as Town Clerk of Fred- ericksburg for 1797. Also the simi of £0 10 to Arch. Campbell as Town Clerk for Adolphus Town for 1797. It is ordered by the Magistrates in Sessions assembled that John Ferguson be not assessed in the Township of Kingston for the year 1796, as it appears to them that he had no property in the Township at that time and that he was assessed in the Township of Sidney. On the petition of Andrew Loyst the Magistrates are pleased to allow him to keep an inn and house of public entertainment in the Township of Fredericksburg. The Magistrates in Session assembled examined the Trea- surer's accounts, which being approved of are ordered to be tiled in the Clerk of the Peace's office. Constables appointed for the year 1797 — Addington — D. Williams sen'r, I^arnabas Huff. Amherst — Colin McKenzie sen'r. Thurlow — Jos. Walker. Lower Part of Marysbury — Jas. Gerolomy, Wm. Harrison Jun'r. Adolphus Town — Sam'I Brock, Jas. Cuniff. Kingston — Jas. Dawson, Alex. McDonald. Township of Kingston — Micajah Purdy, John Hominy. Pittsburg — John Milton Sen'r. Fredericksburg — Jacob Finkle, Jos. Kemp, Geo. Sills, Thos Richeson. Richmond — Lambert Vanalstine. ADOLPHUS TOWN JULY IITH I797. THIS DAY. yUARTKR SESSIONS HLLD M. Present : — Alex. Fisher, P. VanAlstine, T. Dorland, Pruyn, J. Peters, D. Wright, A. Chisholm, J. Miller, Esqs. The Commission of the Peace was openly read. The sheriff returned the precept. The Grand Jury were called and sworn. 34 I'AKI.V K1<:(:().UI)S Ol" ONI Alv'IO. Jolui Ciiniff, foictnan, I). Conf,'er, T. Goldsniitli, W. Smith, ]. I'df^Mison, A. Campbell, W. Harrison, A. Maybu, C. Vanhorn, W. More, r. Ilnff, B. Clap, W. Ilalc, M. Slot, S. Huff si., S. Conj^'er, A. Defoe, ). Wrif^ht, W. Koss. JULY I2TH. Daniel Frazer, Esq., was swoiti in as a Magistrate. The Magistrates in Sessions assembled directed that the Township of Marysbmg should be a division by itself, for the pur- pose of holding (Courts of Re(iuest, and that the Townships of Sophiasburg and Ameliasburg, jointly, should form a division, and that the Magistrates within those Townships should preside in those Courts.' COURT OF yUARTFU SF.SSIONS, KINGSTON, lOTH OCT. I797. Present: — R. Cartwright, J. Peters, A. Fisher, A. McDonell, |. Booth, Win. Atkinson, T. Markland, Ksqrs. The Commission of the Peace was openly read. The Sheriff returned the precept. R. Macaulay, F""oretnan ; J. Cumming, W. Robins, J. Russel, J. Franklin jr, J. Caldwell, J. Fraser, P. Daly, F. Prime, J. Miller, M. Clarke, S. McKay, H. Simmons, W. Cottier, P. Grass, S. Hawley, D. Hawley, R. Wilkiiis, A. McGuin, Geo. Murdoff. The Magistrates in Sessions fined the following Constables Twenty Shillings each for non-attendance : — M. Purdy, T. Miller, C. McKenzie, J. F'inkle, B. Huff. OCT. I2TH. [The following sentence was given for petit larceny.] The Court sentence Wm. Newberry and Caleb Williams to receive each Forty lashes, at the public whipping post in King- ston, on their b;.r -; backs. [For mitdiviieanour. ] The Court sentenqe Nicholas Tudor to sit in the stocks for two hours. It is ordered that the sum of Twenty-Two Pounds Ten Shillings be levied from the County of Prince Edward and the Township of Adolphus in the County of Lenox, for the payment of member's wages. 1 This alters the arrangement made by the Court on April loth, 1794. KARLY RECORDS OF ONTARIO. 35 VV. Smith, . Vanhorii, luff sr., S. 1 that the Df the piir- vnships of I division, III preside 1797. McDonell, J. Kussel, , J. Miller, Grass, S. irdoff. Constables T. Miller, illiams to in King- stocks for unds Ten d and the ! payment 794- COURT OF yUARTKK SESSIONS HELD AT ADOLI'HUS TOWN 23KU JAN. 1798. Present ; -R. Cartwright, |. , P. VanAlstine, A. Spen- cer, J. \V. Myers, A. Fisher, T. Dorland, C. Gilbert, J. Miller, P. Smith. Henry Spencer of Richmond is appointed to seal measures. It is ordered by the Magistrates in Sessions that the sum of Eighteen Pounds be levied by assessment from the Counties of Lenox, Hastings and Northumberland, for Member's wages. MONDAY, I9TH MARCH, I798, AT A SPECIAL SESSIONS. Prw^u/.— R. Cartwright, Thos. Markland, Wm. Atkinson, Esqrs. [Apportionment of work to road overseers.] COURT OF QUARTER SESSIONS, HELD AT KINGSTON, TUESDAY THE 24TH APRIL, 1798. Present .— R. Cartwright, Wm. Atkinson, R. Clark, Alex Fisher, T. Markland, D. Wright. The Commission of the Peace was openly read. The Sheriff returned the Precept. The Grand Jury was called and sworn. Robt. McCawlay, foreman, J. Gumming, Wm. Robins, T. Fraser, tl. Briscoe, Wm. Fairfield Jun'r, M. Hawley, J. Miller, F. Hugh, I. Hawley, G. Carscallen, J. Williams, J. Sharpe, C. Park, E. Phillip, W. Bell. APRIL 26. It is ordered by the Magistrates in Sessions that a full [rate] be levied from the Midland District for the year 1798. It is ordered that in future the salary of the Gaoler shall be 5^25 annually. The Sheriff paid the fines of Micajah Purdy, and Barnabas Hough, Constables for non-attendance, eight dollars. It is ordered by the Magistrates in Sessions that the sum of Twelve Pounds Four Shillings and Tenpence Half-penny, be paid to the Sheriff of the Midland District. That the sum of Fifteen Pounds be allowed to Allan McLean Clerk of the Peace. That the sum of 13 Shillings be allowed to the town clerk of Fredericksburgh, Wm. Bell. 36 EARLY RECORDS OF ONTARIO. That the sum of 15 Shillings be allowed to the town clerk of Kingston, Jos. Pritchard. That the sum of Ten Shillings be allowed the town clerk ot Adolphus Town. [Various other sums for objects not specified.] Constables to serve for the year 1798 to April ist, 1799. [List similar to those already given. ] In pursuance of the statute a Jury was called to ascertain the value and damage done to J no. Hart by altering and making a road through his improved ground. Jury called and sworn. The Court, having heard the evidence, charged the jury. The Jury withdrew to consider of their verdict, and, having returned into Court, by their foreman Nicholas Amy, find the sum of Five Pounds due to John Hart in consequence of the alteration of the road through his improved ground.^ COURT OF QUARTER SESSIONS, HELD AT ADOLPHUS TOWN, JULY lOTH, 1798. Magistrates present : — A. Fisher, J. Miller, P. Smith, T. Dorland, P. VanAlstine, B. Crawford, A. Chisholm. [Grand Jury sworn as usual. J On application of Slaight Sage, he is permitted by the Magi- strates in session to keep a ferry across the river Nappane. Foot passengers to pay 3d. Horse and man 7d. On application of John Smith he is permitted to keep a ferry from Murray at 8d. for a man and horse. 4d. for a foot passenger ' COURT OF QUARTER SESSIONS, HELD AT KINGSTON, 9TH OCT. I798. Present : — R. Cartwright, T. Markland, A. Fisher, Wm. Atkinson. It is ordered by the Magistrates in session that the sum of 1 By section IV. of 33rd Geo. HI., Cap. IV., provision was made for the alter- ation of roads, where the necessity for it is sworn to by the majority of a jury of twelve principal freeh olders of the District, summoned on the warrant of two Justices. Section VII of the same Act provides for the making of recompense to the owners of enclosed or improved lands, through which the altered road may pass. The Road Commissioners are authorised to agree with the owners as to the amount of recompense to be made, and in case they are unable to agree, the matter is to be reff .'red to a jury of twelve persons empanneled in tne usual manner. EARLY Rl-:CORI)S OF ONTARIO. 37 town clerk |wn clerk of 1799. nd ascertain making le jury, nd, having y, find the nee of the S TOWN, Smith, T. 1 the Magi- pane. eep a ferry OCT. 1798. her, Wm. he sum of for the alter- of a jury of rrant of two jcompense to ed road may lers as to the e, the matter lanner. twenty-eight pounds ten <;hllHngs be allowed to Mr. David M. Rogers for his wages as member for the County of Prince Edward and part of the County of Lenox. A warrant issued to Mr. John Cannon liigh Constable for ditto. COURT OF yUARTKK SESSIONS, HOLDIiN AT ADOLPIIUS TOWN, 22ND JANUARY, 1799. Present : — A. Fisher, B. Crawford, A. Chisholm, J. W. Myers, S. Sherwood, J. Embury, J. Stinson, Jr, P. VanAlstine, A. Clarke, li. Clarke, A. Spencer, T. Thomson, D. Wright. [A large docket disposed of duiing three days.] AT A SPECIAL SESSIONS, HELD AT KINGSTON, 25Tri MARCH, I799. Present : — Richard Cartwright, Thomas Markland, Esqs. [Apportionment of roads for overseers.] COURT OF QUARTER SESSIONS, HELD AT KINGSTON THE 23D APRIL, 1799. Magistrates present : — R. Cartwright, A. Fisher, T. Thomson, Wm. Atkinson, Thos. Markland. On application of James Cannon, a bound apprentice to Emmerson Busby a hatter of the town of Kingston, praying to be discharged from his indenture for want of sufficient food, and that he is employed as a servant and not at the trade of a hatter. Mr. Peters counsel for James Cannon. It appearing to the Magistrates in session that no regular process had issued from the Court, they could not take cognizance of the cor.iplaint until the opposite party had notice. But Mr. Hagerman as Counsel for Emmerson Busby, undertaking that he should be present to-morrow, the Magistrates did not issue any process to bring the said Emmerson Busby before them in session. WEDNESDAY, 24TH. James Cannon appeared. Emmerson Busby appeared to answer to the complaint of the said James Cannon, and having proved nothing whereby to clear himself of the said complaint, but, on the contrary, the said 1 Up to 1797 no regulation had been made as to ferries, which in a region like that of the Midland District were necessarily numerous. In that year, however, an Act was passed (37th Geo. IIL Cap, X) which authorized the Justices in Quar- ter Sessions to make and ordain such rules and regulations as should be deemed necessary and proper to be observed by persons keeping ferries, and also to esta- blish and assess the rates or fees to be taken for ferrying. A table of these fees was to be posted up at the ferrying place, and penalties were appointed for over- charging. 3S KARLY RFXORDS OF ONTARIO. James Cannon liaving given full proof of the truth of the said complaint to the satisfaction of the said Court. We, therefore, whose hands and seals are hereunto set, being four of His Majes- ty's Justices of the Peace for the Midland District in Sessions assembled, do order, pronounce and declare that the said ap- prentice shall be, and is hereby discharged and freed from the said apprenticehood, because it appears in evidence that the said apprentice has been employed by his said master Emmerson Busby rather as domestic drudge than in learning his trade, and further because he does [not] appear to have been provided with sufficient food. And this is to be a final order betwixt the said master and apprentice, anything contained in their indentures of apprentice- ship otherwise to the contrary notwithstanding. Given under our hands and seals at Kingston, 24th April, lygg R. Cartwright, W. Atkinson, T. Markland, T. Thomas.' It is ordered by the Magistrates in sessions that a full rate be levied for the year 1799. 25TH. It is ordered by the Magistrates in sessions that the follow- ing sums be paid by the Treasurer of the District : James Williams ;C3 9 5^. William Coffin i 16 o TownClerkCounty of Addington and Ontario 15 o John Cannon - 29 17 3 M. McLean • 15 o c David Williams - - - - - 2 5 3 1 The authority for this action of the Justices was derived directly from ' famous Statute of Labourers, 5th Eliz. Cap. IV. Section 35, which provides that on complaint being made to a Justice of the Peace by an apprentice, against his master, the master may be required to appear at the next Sessions of the Peace ; "And upon his appearance and hearing of the matter before the said justices, or the said mayor or other head officer, if it be thought meet unto them to discharge the said apprentice of his apprenticehood, that then the said justices, or four of them at the least, where- of one to be of the quorum ; or the said mayor or other head officer, with the as- sent of three of his brethren, or men of best reputation within the said city, town corporate or market-town, shall have power by authority hereof, in writing under their hands and seals, to pronounce and declare, That they have discharged the said apprentice of his apprenticehood, and the cause thereof." It will be observed that the decision given strictly follows the requirr^ments of this act. THE )f the said therefore, His Majes- n Sessions e said ap- I from the at the said Emmerson trade, and vided witii naster and ipprentice- 24th April, full rate the follow- 9 5d. 6 o 5 o 7 3 c 5 3 ctly from ■ svides that on 1st his master, e; "And upon he said mayor aid apprentice e least, where- with the as- lid city, town writing under ischarged the quiroments of EARLY RECORDS OF ONTARIO. 39 i| 1 8 8 o 2 18 o 280 I 15 o 10 o o 6 8 o ]os. Anderson John Cummings to T. Ferguson, Jun. D. Plumm Thos. Markland .... Robt. Clark N. Hagerman Leonard Soper .... Constables chosen for the Townships for the ensuing year. [List follows.] THE COURT OF yUARTER SESSIONS, HELD AT ADOLFHUS TOWN, THE 9TH JULY, 1799. Present :—A\ex. Fisher, B. Crawford, J. Miller, T. Dorland, J. Peters, J. W. Myers. [At this session one of the Magistrates, J. W. Myers, de- fendant in a case, apparently of assault and battery, is found guilty and fined five pounds.] It is ordered by the Magistrates in sessions that the sum of Fifteen Pounds be levied from the County of Frontenac for member's wages for the year 1797. [The same sum is levied for 1798, and twenty pounds for 1799, from the County of Frontenac for member's wages.] COURT OF QUARTER SESSIONS, HELD AT KINGSTON, 8tH OCT. I799. Magistrates Present :— R. Cartwright, A. Fisher, T. Mark- land, T. Thomson, W. Atkinson. The Magistrates fine James Jackson for non-attendance as a Constable, Twenty Shillings. COURT HELD AT ADOLPHUS TOWN, 28tH JANUARY, 180O. SPECIAL SESSIONS, 24TH MARCH, 180O. [KINGSTON.] Present :— R. Cartwright, Thos. Markland, Wm. Atkinson. [Receiving accounts of Road Overseers and assigning work. ' COURT OF QUARTER SESSIONS, HELD AT KINGSTON, 22ND APRIL, 18OO Magistrates present :—R. Cartwright, T. Dorland, W. Atkin- son, T. Markland, D. Wright, Alex. Clarke. D. Fraser, J. Miller, T.Thomson, J. Booth. 23rd. It is ordered by the Magistrates in Sessions that three- 40 EARLY RECORDS OF ONIARIO. fourths of a rate be levied from the Midland District for the year 1800. It is ordered by the Magistrates in Sessions that a sum not ex- ceeding forty-pounds, be paid by the Treasurer of the Midland District to M. Dorland, M. Fisher, and Peter VanAIstine, Esquires for the use of the Court House in Adolphus Town. 24th. It is ordered that the following sums be paid to the undermentioned persons : Thomas Markland - - - - . Titus Fitch Wm. Ashley - - - - . - Town Wardens, Kingston John Cannon - Geo. Barns John Cannon ---..- Town Wardens, Sydney Clerk of the Peace - - - - - Wm. Coffin R. Cartwright Town Clerk, County of Addington - " Marysburgh " Fredericksburgh " Adolphus Town " Kingston and Pittsburgh " Richmond - - - - Town Wardens, Marysburgh - Mr. John Cannon, high Constable for the year ensuing. [List of township Constables follows.] COURT OF GENERAL QUARTER SESSIONS OF THE PEACE FOR THE MIDLAND DISTRICT, HELD AT ADOLPHUS TOWN ON TUESDAY, THE 8TH OF JULY, 180O. Present : — Alex. Fisher, T. Dorland, C. Gilbert, A. Clarke, J. Miller, D. Wright, A. Spencer, J. Embury. [Long list of cases of assault and battery disposed of.] JULY lOTH. On application of Mr. Robert McDowall, a Presbyterian 61 4 I; 12 18 23 4 9 2 I 16 2 31 10 5 15 I 12 38 3 3i 15 10 15 10 15 10 17 9 3 31" the year um not ex- e Midland anAIstine, own. aid to the 4 li 2 8 o 4 9 O 6 2 o o o o o o 2 3 3j 5 o o o 5 o o o 5 o o 9 3 suing. ■ FOR THE ON ^. Clarke, of.] isbyterian EARLY RECORDS OF ONTARIO. 4» minister, a certificate was given him agreeably to the act of the Province.' COURT OF GFNERAL yUARTKR SESSIONS OF THE PEACE FOR THE MIDLAND DISTRICT, HELD AT KINGSTON ON I4TH OCT. 1800. Present : — Richd Cartwright Esq Chairman, Alex. Fisher, Alex. Clarke, J. dimming. Arch. McDonell, T. Markland, P. Smith. 15th. It is ordered by the Magistrates in sessions that the sum of twenty-three pounds ten shillings be levied from the Counties of Lenox, Hastings and Northumberland for mem- bers wages for the year 1800. AT THE COURT OF GENERAL QUARTER SESSIONS OF THE PEACE, HELD AT ADOLPHUS TOWN ON THE TWENTY SEVENTH DAY OF JANUARY, 1801. Present : — Alex. Fisher Esq Chairman, Thos. Dorland, A. Clark, J. Stinson, J. Cumming, J. Miller, J. Peters, B. Crawford, P. Smith. ' The question as to the form of a legal marriage was one which agitated the Province of Upper Canada from its first settlement. There being no clergymen in the western districts in the earlier days of their history, marriages commonly took place before one or another of the military officers at the various posts. But among the poorer settlers, or those at a considerable distance from the posts, the parties to the marriage sometimes dispensed with any ceremony, and simply "took each other's word for it," as one of them put it. Where, however, any question arose as to the inheriting of property by the children of the early settlers, no marriages but those solemnized by clergymen of the English and Roman Catholic Churchs were regarded as legal. (See a Report on the Marriage Law in Upper Canada by Rich- ard Cartwright, Jr., given in full in the Canadian Archives Report for 1891, p. 85.) In order to remedy this hardship, there was introduced in the first session of the first parliament of Upper Canada, a bill to legalize past marriages and make more liberal provision for the future. But Simcoe, regarding the English Church estab- lishment as indispensable in securing the dependence of the colonies on the mother country, strongly opposed the measure. The result was that a compromise act was passed in the following session, 33rd Geo. Ill Cap. V. This rendered legal all mar- riages solemnized, according to the forms of the Church of England, by Justices of the Peace, where no clergyman of the Church of England was available within eighteen miles. All dissenting ministers, however, were denied the right to perform legal marriages until 1798, when the act, 38th Geo. Ill Cap. IV, was passed. In virtue of this act, ministers of the Church of Scotland and Lutheran and Calvinist ministers were allowed to solemnize legal marriages on certain conditions. They were required to appear before ai least six Justices in Quarter Sessions, take the oath of allegiance, be vouched for by at least seven respectable persons of tb'^ir congregations, and pay a fee of 5s to the Clerk of the Peace, when they receive^ a prescribed certificate or licence giving them the necessary authority. The act also rendered valid all previous marriages performed by such ministers. The Rev. Robert McDowall, here referred to, was the first Presbyterian minister in the dis- trict. His marriage register is preserved in the Library of Queen's University. 42 EARLY RECORDS OF ONTARIO. A Licence from the Sessions was given to Mr. John G.Wigant, authorising him to be a Lutheran Minister at the recommend- ation of William Beuniher, Martin Fraleigh, Michael Smith, Jonas Amy, Ludovick Hartman, Conrad Borgand, Charles Keller. 28th Jan. It is ordered by the Magistrates in Sessions that the sum of fifteen pounds ten shillings be levied from the inhabi- tants of the County of Frontenac for Edward Jessup, Esq for Member's wages for the year 1800. . [Eleven pounds levied from same County for same mem- ber for year 1799.] It is ordered by the Magistrates in Sessions that the sum of Twenty-three pounds ten shillings be allowed to William Fair- field Esq for the County of Addington and Ontario for the year 1800. [Twenty-two pounds from same Counties for same member, apparently for 1799.] SPECIAL SESSIONS HELD AT KINGSTON, 30TH MARCH, 1801. Magistrates Present : — R. Cartwright, T. Markland, P. Smith, Esqs. The Road Masters were called upon to produce their ac- counts for the year 1800. [Accounts follow and sections are assigned for following year.] COURT OF GENERAL QUARTER SESSIONS OF THE PEACE, HELD AT KINGSTON THE 28tH OF APRIL, iSoi. Magistrates Present : — Richard Cartwright, Esq., Chairman, Alex. Fisher, Thos. Markland, Wm. Atkinr,on, Thos. Borland, Caleb Gilbert, Bryan Crawford, Joshua Booth, John Cumming, Uan'l Wright, John W. Myers. 1 See previous note. The names of seven persons required to testify to the minister's position are here given. .Wigant, commend- el Smith, Charles isions that he inhabi- ), Esq for ime mem- he sum of liam Fair- It the year member, 1. t8oi. P. Smith, their ac- following , HELD AT 'hairman, Borland, "umming, jstify to the EARLY RECORDS OF ONTARIO. 43 [A number of accounts passed, and constables appointed for the subordinate municipalities.) April 30th. Court gave permission to John Kemp and Garret D. Clute to obtain licences for keeping public houses in the Township of Fredericksburgh. It is ordered by the Magistrates in open Sessions assembled, that the sum of Four Hundred Pounds be levied by assessment on the Real and Personal Property of the inhabitant householders of the Midland District in the proportion of three fourths of a rate. Given under our hands and seals in open Sessions at Kingston, this twenty-eighth day of April in the year of our Lord one thousand eight hundred and one. [The names of the Magistrates follow.] AT A COURT OF GENERAL QUARTER SESSIONS OF THE PEACE HELD AT ADOLPHUSTOWN THE I4TH JULY, iSoi. Magistrates Present : — Alex. Fisher, Esq. Foreman, Thos. Dorland, |. Miller, M. Pruyn, J. Peters, N. Lazeir, J. W. Myers, J. Embury. Isaac Garret, Isaac Huff, James Simpson and Joseph Walk- er petitioned for Licences to keep inns. Granted licence. AT A COURT OF ^}UARTER SESSIONS, HELD AT KINGSTON THE I3TH OCTOBER, 180I. Magistrates Present : — Richard Cartwright, Alex. Fisher, P. Smith, D. Eraser, T. Markland, D. Wright, J. Cumniing. It is ordered by the Magistrates in Sessions that the sum of twenty-six pounds ten shillings be allowed to Timothy Thom- son Esq. member of Parliament for the Counties of Addington and Lenox for the year 1801. It is ordered by the Magistrates in Sessions that the sum of twenty-six pounds ten shillings, be allowed to Ebenezer Wash- burn Esq. member of Parliament for the County of Prince Edward. Oct. 14th. It is ordered by the Magistrates in Sessions that the sum of twenty-six pounds ten shillings be allowed John Ferguson Esq. member for the County of Frontenac for the year 1801. 44 EARLY RECORDS OF ONTARIO. Phineas Bean obtained leave for a licence, for the township of Kingston. Joseph Huffman also obtained leave for a licence for the township of Funest Town. AT A COURT OF oUAKTIUt Si:SSIC)NS, ni;i,I) AT ADOLPHUSTOWN THK 26th JANUARY, l8o2. Maf^isiratcs Present : — Alex. Fisher Esq, Dan'l Wright, A. Spencer, T. Thomson, Alex. Clarke, H. Spencer, B. Crawford, T. Dorland, J. Peters. Jan. 27th. Public Notice was given in Court that Asa Turner applies for a Certificate as a Calvinist Minister at the next Quarter Sessions of the Peace for the Midland District, for the Townships of Sydney, Thurlow, Ameliasburgh and Rawden. His Majesty's Justices of the Peace in general Quarter Sessions assembled, do make and ordain the following rules and regulations to be observed and followed by Samuel Hitchcock attending and having charge of a Ferry from the house of the said Samuel Hitchcock on the Grand Island opposite Kingston, agreeable to an Act of the Legislature of the Province of Upper Canada, passed in the thirty-seventh year of his Majesty's reign entitled an Act for the regulation of Ferries, and do establish and assess the following rates and fees to be demanded and received by the said Samuel Hitchcock for the passage of persons, cattle, carriages, or wares thereat. ist. That from and after the first day of May next the said Samuel Hitchcock shall, under these regulations, so long as they are found by the Sessions to answer the purpose intended, keep a regular ferry from his house on said island to Kingston. 2nd. That on or before the first day of May next the said Samuel Hitchcock shall furnish proper and complete crafts for easy ferrying of all passengers. 3rd. That he shall be equally attentive at all reasonable hours to the call of a single person as to that of a greater number, and also be ready at a short notice and ferry such person or per- sons, cattle, or carriages or wares. 4th. That the following fees may be demanded and received, F"or a single person, . . . . 5s. Two or more persons, . . - . 3s. each. township ;e for the UUSTOVVN /ripht, A. Crawford, that Asa ter at the istrict, for I Rawden. 1 Quarter rules and Flitchcock use of the Kingston, of Upper sty's reign ablish and d received ms, cattle, ^ next the so long as intended, Kingston. ;t the said crafts for reasonable ;r number, ion or per- j received, each. EAHLY RKCORDS OF ONTARIO. Man and horse Horse, ox or cow, . - - - A pair of oxen, horses or cows A man, a pair of horses and carriage, 45 7s. 6d. 8s. 6d. 13s. 6d. For every 112 lbs. weight ferried along with a person, ..---- ^js. SPECIAL SESSIONS HELD AT KINGSTON 27TII MARCH, l8o2. Pteaent ;— R. Cartwright, J. Forsyth, T. Markland, J. Cum- iiii'ipT- [Returns received from road masters and work apportioned for the coming season.] AT A COURT OF GENERAL QUARTER SESSIONS OF THE PEACE FOR THE MIDLAND DISTRICT, HELD AT KINGSTON THE 27TH APRIL, 1802. Present .— R. Cartwright, Chairman, T. Dorland, T. Thorn- son, A. Clark, T. Markland, A. McDonell, J. Forsyth, D. Wright, R. Clark, B. Crawford, P. Smith, H. Spencer, J. Booth. April 28th. Samuel Corn presented a petition for a ferry from Wolfe Island to the American Shore. Allowed at the fol- lowing rates : A single person, S^* Two or more persons, ... - 4s. each Man and horse, ^°^- Man, pair of horses and carriage, - ■ 13s. Thomas Dorland Esq. presented a petition for a ferry from the Fourth Township to Vanalstine's Mills. A single person, . - . - - gd. Two or more persons, ■ - - - 7^^- ^^^" A man and horse, ^s- 3a- A yoke of cattle, is. 6d. Cows, or horned cattle, - - - - 7^- each Sheep or pigs, 3^- each Every bushel of grain, ... - id. Every carriage, ^s. lod. The above rates are allowed. John Vanalstine presented a petition for a ferry, 6d. for each n^an. js. 3d. man and horse. 46 KAKLV RIXORDS OF ONTAHIO. Qcl. an ox. 7itl. cow. 2i\. pig or sheep. Tlie above rates were allowed. Joseph Kemp, Henry Hetslay (?) Stephen P'airfield, and Samuel Hichcock, prayed for inn-keeper's licences. The Sessions allowed the same. The following sums of money were allowed by the Magi- strates in sessions, to be paid by the Treasurer. [I'2xtracts only,) To pay what is due to Adolphus Tovyn Court House /,' 5 o o Town Warden, Marysburg - - ij 11 o " lamest Town, - - - i j 10 o " Kingston, - - - 13 6 3 " Sophiasburgh, - - - 5 10 o " Sidney, - - - 14 o o Constables appointed for tlie year ensuing. I List follows.) It is ordered by the Magistrates in open Sessions assembled, that the sum of four hundred pounds be levied by assessment on the real and personal property of the inhabitant householders of the Midland District in the proportion of three fourths of a rate. [Dated 27th April, I1S02 and signed by Magistrates.) AT COURT OF OUARTHU SESSIONS HIiLD AT ADOLPHUS TOWN ON THE THIRTEENTH DAY OF JULY, l802. Present : — Alexander Fisher, Bryan Crawford, J. Miller, J. Peters, J. Embury, T. Dorland, Alex. Clarke. The Magistrates in Sessions allow Edward Barker to kyep a Ferry from Adolphus Town, where he lives, to the opposite house in Adolphus Town, at the following rates : A single man gd. Two or more persons y^d. each. Man and horse is. 3d. One yoke of oxen is. 6d. Every liorse or horned creature yh\. each. Every sheep or hog 3d. each. Every cart, waggon or slay is. The Magistrates in Sessions allow Nicholas Kessels (?) to keep a ferry from his house in Sophiasburgh to the shore at Adolphus Town, agreeable to the rates above stated. Permission is given to Caleb Benedict to obtain a licence, for the Township of Thurlow. field, and ! Sessions he Magi- o o IJ lO 13 6 5 10 14 o o o 3 o o ssenibled, isment on liolders of of a rate. .1 TOWN ON Miller, J. ;r to k'jep i opposite cli. Man liorse or 3d. each. jels (?) to shore at a licence, KAUl.V UlCCOKDS Ol' ONTAUIO. 47 AT A COURT OF CENKUAL (JUAHTF-K SKSSIONS OF THE PEACE, HELD AT KINGSTON ON TUESDAY THE TWELFTH DAY Ol" OCTOHEU, 1802. ( Pyescut .—Richard Cartwright, Escj., Chairman, Alex. Fisher, Wfn. Atkinson, J. Booth, J. Cununing, T. Markland, Ksqs. It is ordered by the Magistrates in Sessions that the sum of twenty-eight pounds be levied from the incorporated Counties of Lenox and Addington for Timothy Thomson, M \\ for the said Counties for the year 1802. It is ordered by the Magistrates in Sessions that the sum of twenty-seven pounds be levied from the County of Frontenac for John Ferguson, Esq., M.P. for the said County for the year 1802. AT A COURT OF yUARTER SESSIONS OF THE PEACE, HELD AT ADOLPHUS TOWN ON TUESDAY THE 25TH JANUARY, 1803. Present :—\\ex. Fisher, T. Dorland, Alex. Clark, J. Miller, Uan'l Wright, H. Spencer, B. Crawford, J. Fmbury. Asa Turner applied for a Licence as an Anabaptist Calvinist, and having made due proof to the Magistrates in Sessions, of his Ordination, it was allowed him. It is ordered by the Magistrates in Sessions that the sum of twenty-eight pounds be levied from the County of Prince Edward, for Ebene;jer Washburn, Esq., member of Parliament for said County, for the year 1802. A Ferry is granted from Cyrenus Park's, in the first conces- sion, at the following rates : A single person 6d. Two persor.s or more .\d. each. Man and horse is. One pair of horses and carriage 2s. One pair of oxen and carriage 2s. Cows and oxen 6d. each. Sheep and hogs 2d. each. A ferr> 's allowed to Benjamin Garow of Ameliasburgh, at the following rates : For every man is. Two or more persons cjd. each. A man and horse 2s. Span of horses with carriage 2s..6d, A yoke of oxen 2s. 6d. A cow is. Every sheep 3d. Every hog 4d. AT A COURT OF QUARTER SESSIONS HELD AT THE TOWN KINGSTON ON TUESDAY THE 26TH APRIL, 1803. OF Present .—Richard Cartwright, Chairman, T. Markland, H, 48 QUEEN'S QUARTKHLV. Spencer, T. DorlatuI, j. Ctimini'tiK, 1>. Wrifjht, K. Clarke, Peter Srnitli, Jos. I'Orsytli, Win. Crawford. William Crawford ICsf|. took the oath as a Magistrate and took his seat oil the Ucnch. Ai'Rii. 27111. The Grand Jury came into Court and prescntetl bills of in- dictment against Donald McDonell aiul James Richardson, iJso a presentment against slaughter houses in the town as u nuisance. It is ordered by the Magistrates in Sessions that the sum of eight dollars be deducted from Mr. Heasley's rate for the years 1801 &. 1802. [List of constables appointed.] The Magistrates in Sessions do authorize the Clerk of the Peace to give the necessary documents for obtaining licences, to such persons in the District as were licenced to keep Public Houses in the preceding year, with the exception of Wm. Brodey (?) who has removed into a house whr it is evident no proper accomodations can be had. It is ordered that the Clerk of the Peace do write to ihe assessors of Sydney and Thurlow that it was originally the in- tention of the Magistrates in Sessions on information laid before them to summon not only the assessors for a neglect of duty, but also a number of the inhabitants entered upon the list for giving in a false return of their property. But that it having been represented that they were led into a mistake by misrepre- senting the word arrable in the Act, they are wilMng to give them an opportunity of correcting this mistake, and inserting in the list the whole of their cleared land, which is evidently the intention of the Act. For this purpose, and to give time for the other assessments, not yet received, to come in, the session will adjourn till Friday, the 20th day of May, to meet at Kingston.' It is ordered by the Magistrates in Quarter Sessions as- sembled, that the proposals of Francis Rochleau for building a >An Act had just been passed on March 5th. 1803, 43rd Geo. III. cap. 12, which entirely altered the assessment for the Province Instead of classifying the inhabitants in groups or lists according to the aggregate property which each pos- sessed, the assessors were now required to make a list of each individual's possessions in ceitain specified lines, such as lands, houses, mills, shops and stores, live stock, KAIM.V inCCOHIlS ()!• ONTARIO. 40 ike, Peter Urate and Jills of in- (Isoii, iUso )wn as a the suiii of the years erk of the cences, to 3ep Public of Wm. evident no rite to ihe lly the in- laid before :t of duly, he list for ; it having ' niisrepre- ig to give nserting in dently the ime for the lession will Kingston.' essions as- building a III. cap. 12, :lassifying the lich each pos- il's possessions res, live stock, stone wall about the Court House, at the rate of 22 shillings and (. pence, be accepted, and that the said wall shall enclose two- fifths of an acre, and that John Ciiinniing ami Joseph Forsyth, ICscpiires, be appointed to sec the work be well and efticiently (•xecuted and ceitify accordingly. The wall to be ten feet above the surface and three feet under, unless where it may be a rock, and the wall to be two feet thick. M. McDonell of Kingston allowed to have a licence to keep a public liouse. The Magistrates in Sessions do order the following sums of money to be paid to the undermentioned persons : To Mr. Brass, for Court House Do for extra plank furnished Town Wardens, Marysbmgh, for support of Lovel Town Wardens, Kingston, for the support of Cain Making Shutter and Stocks for the Court House at Adolphus Town, to T. Dorland, Esq. Mr. Markland's account for Schoc House in Kingston Mr. Cartwright's account, Gaol, ivingston Clerk of the Peace . - • - Goaler . - - - Coroner's account - - - - Seller's account for clearing rubbish from the Goal Coaler's account, for fire wood, &c. High Constable's allowance Wm. Ashley - • - " Crier and Constable at Land Board Wm. Robinson for a tub for the Goal Town Clerk, Adolphus Town - Do. Kingston Do. County of Addington Do. Sophiasburgh Town Wardens, Ernest Town - 8 M 5 6 4 4 15 25 7 I 13 2 I I 10 5l 2 3 12 6 If) 5 o o 6 G 13 li o o o o 5 10 o o o 4 o o 3 4 16 o 7 10 6 o 13 15 o 15 o 10 o o o &c., and for each unit of such property a definite assessment was fixed by the Act regardless of variations in location, cost, or market value. Thus every acre ol un- cultivated land was assessed at one shilling, and every acre of arable, meadow or orchard land at one pound. The people of Sydney and Thurlow evidently returned under the heading of uncultivated land most of their new clearings which had not yet been brought under regular cultivation, an interpretation which the Magistrates promptly reject. 50 EARLY RECORDS OF ONTARIO. Mr. Brass's account, salaries of officers, and expenses of maintaining prisoners to be first paid. It is ordered by the Magistrates in Sessions, tnat the sum of twenty nine pounds ten shillings be paid unto Ebene;;er Wash- burn Esq. member of Parliament for the County of Prince Ed- ward, for his services in Parliament for the year 1803. It is ordered by the Magistrates in Sessioi^s that the sum of thirty pounds ten shillings be paid to Timothy Thomson, Esq., member of Parliament for the Counties of Addington and Lenox^ for his services for the year 1803. It is ordered by the Magistrates in Sessions that the sum of thirty three pounds be paid to John Ferguson, Esq., member of Parliament for the County of Frontenac, for his services for the year 1803.' s. d. ♦ Mr. Herford, Town Clerk Richmond - - - 10 o The rates of the ferry from Kingston to Samuel Hitchcock's on the Grand Island are as follows : A single man, four shillings. Man and horse, six shillings. If more than one man, two shillings and sixpence each. Ox or cow, three shillings and sixpence. For a carriage, the same. A sheep, calf, or hog, one shilling. For every hundred weight, nine pence." The session adjourned until Friday the twentieth day of May next. The Sessions met pursuant to adjournment 20th May. Present : — R. Cartwright, Esq., John Cumming, Wm. Crawford. The Assessment Rolls for the townships of Tliurlow and Sydney were delivered. The Sessions adjourn-^d until the first of June. 1 A chanj^e had jnst been made in the manner of making payment to mem- bers of Parliament. Uy the act of March 5th, 1803, 43rd Geo. Ill, cap. 11, it was now prescribed that when a member presented the Speaker's warrant to the Quarter Sessions, instead of authorizing the levying of a special rate upon the inhabitants of the riding, which it was left to the high constable to collect and pay over, the necessary sum was to be levied and collected in the same manner as any other assessment, and the Justices were required to issue an order to the District Treasurer to pay the member's wages out of the ordinary funds in his hands. - This is a re-arrangement and reduction of the rates previously established. See page 44. expenses of EARLY RECORDS OF ONTARIO. 51 the sum of J^er Wash- iPiince Ed- tlie sum of lison, Esq., land Lenox 1 » the sum of member of ices for the s. d. 10 O . I iitchcock's ix shilhngs. each. Jth day of May, ng, Wm. LJrIow and snt to mem- cap, n, it rrant to the e upon the lect and pay inner as any the District ands. sstablished. The Sessions met the first of June, pursuant to adjournment. Present :— R. Cartwright, Esq., Thos. Dorland, Wm. Craw- ford, Joshua Booth. The Assessment Roll for the Township of Ameliasburgh was received. The Sessions met the 20th June, 1803. Present:— R. Cartwright, \V. Crawford, J. Cumming. Permission was given to — Parker, to keep an inn at the Kingston Mills. The Sessions adjourned until the 23rd June ; and again un- til 28th June. The Sessions met pursuant to adjournment. Present :— R. Cartwright, R. Crawford, Jos. Forsyth. The rest of the Assessments were produced.' COURT OF QUARTER SESSIONS, HELD AT ADOLPHUS TOWiV, 12 JULY 1803. Present : — Richard Cartwright, Esq. Chairman. Alex. Fisher, Jonathan Miller, Jas. Fulton, Stephen Conger, Dan'l Wright, Hazleton Spencer, Thos. Dorland, Wm. Bell, John Embury, Esqs. The following constables are lined forty shillings eacJi for non-attendance : Dan'l McKenzie, of Thurlow, John Low and Albert J. Vandusen of Sophiasburgh, and Isaac Garret of the township of Hallowell. [Oct. sessions at Kingston & January 1804 sessions at Adolphus Town occupied chieHy with cases of breach of the peace.] [The volume containing the Records from Jan., 1804, to Jan., 1807, is wanting.] QUARTER SESSIONS HOLDEN AT THE TOWNSHIP OF ADOLPHUS TOWN 27TH JANUARY 1S07, Magistrates present : Alex. Fisher, Hazleton Spencer, Thos. Dorland, Dan'l Wright, Bryan Crawford, Stephen Conger. •Having had a complete return of the rateable proptrty of the District laid before them by the assessors, the Justices in Sessions determined what proportion of a full Rate (one penny I'.i the pound) should be levied in order to afford ttie esti- mated expenditure for the ensuing year. Having determined this the lists were handed over to the Collector who proceeded to collect from each ratepayer his due proportion. 52 EARLY RECORDS OF ONTARIO. [A long list of women barred of their dowers and cases of assault and battery.]' COURT OF QUARTER SESSIONS HELD AT THE TOWNSHIP OF KINGSTON ON THE TWENTY-EIGHTH DAY OF APRIL 1807. Magistrates present: Richard Cartwright Chairman, Alex. Fisher, Thos. Dorland, Thos. Markland, Peter Smith, Wm. Crawford, J. B. Chamberlain, Joshua Booth, \V. Crawford, It is ordered by the magistrates in Sessions, that the sum of three hundred and fifty pounds [is required] for the expenses of the current year, and that half a Rate* be levied for that purpose. Also the sum of seventy eight pounds ten shillings be raised for the wages of the members of Parliament for the Midland District. That the sum of twenty two pounds ten shillings be allowed to Thos. Dorland Esq as member of Parliament for the Counties of Lenox and Addington for the year 1807. That the sum of twenty three pounds ten shillings be al- lowed unto Allan MacLean, Esq., as member of Parliament for the County of Frontenac. That the sum of ten pounds be allowed unto David Mc- Gregor Rogers, Esq., as member of Parliament for the County of Hastings. That the sum of twenty-two pounds ten shillings be allowed unto Ebenezer Washburn, Esq., as member of Parliament for the County of Prince Fdward. It is ordered by the Magistrates in Sessions that Abraham King may obtain a license to keep a house of public entertain- ment for the Township of Ernest Town, at his house in the first concession of Ernest Town. The Grand Jury came into Court and presented a present- ment against John Embury, Jacob B. Chamberlain, and Wm. Bell for a misdemeanor in their office as Magistrates and Com- missioners of the Courts of Requests. The following constables were nominated and approved of for the year ensuing. [List follows.] ^Henceforth, where the Sessions are concerned entirely with judicial matters the whole record is omitted. ^That is, one half penny on the pound of the assessed property of the District. V I hi. o A m EARLY RECORDS OF ONTARIO. 53 \ Mr. J. Embury represents that he is rated for 7,000 acres of land and has but 1700 unimproved. If this appears on the Assessment Roll, allowance to be made. The Magistrates in Sessions made tne following orders : Allowed to I. G. Wigant, on acct. of H. Thisle, £1$ Allowed to the Town Wardens, Lavele, Bruin Hough, Jeremiah Shazier, for Graham, Wm. Ruttan, Paul Gruber, for Filmer, .... P. Smith, Town Warden Kingston, Gaoler, High Constable, Gaoler's Contingencies, .... Due Francis Rochleau, .... Clerk of the Peace, ..... Geo. Oliver, Long & Peters, Coroner, ....... Isaac Laraway ...... Town Clerk, Ernest Town & Amherst Island Town Clerk, Sophiasburg . . . - Town Clerk, Richmond .... Town Clerk, Hallowell .... Town Clerk, Fredericksburgh Town Clerk, Kingston & Pittsburgh - Town Clerk, Adolphustown Town Clerk, Ameliasburgh Town Wardens, Fredericksburgh QUARTER SESSIONS HOLDEN AT THE TOWNSHIP OF KINGSTON ON THE 26TH APRIL 1808. Present : — Richard Cartwright, Chairman, Thos. Markland, Wrn. Crawford, John Camming, Robt. Clark, John Carscallen. A ferry allowed to be kept by Philip Swick from Thurlow to Ameliasburg at the same rates of Garow's ferry. 1 The following persons are appointed constables for the year ensuing. [List follows.] 'See page 47. ,15 14 7 4* 3 10 20 2 3i 6 7 6 t8 29 15 3 25 4 II 6 9 52 10 40 10 2 12 I 2 10 2 iS 4 I 15 10 10 10 15 15 10 10 15 11 7i 54 EARLY RECORDS OF ONTARIO. It is ordered by the Magistrates in Quarter Sessions, that on the production of the Treasurer's receipt of his having re- ceived the full Rate for any Township, it shall be a sufficient au- thority for the Clerk of the Peace to deliver up the Collector's bonds. It is ordered by the Magistrates in Sessions that the follow- ing sums of money be paid to the undermentioned persons. [No particulars given other than names and sums.] It is ordered by the Magistrates in Quarter Sessions that the sum of twenty eight pounds be levied from the County of Frontenac, for A. McLean for his wages as Member of Parlia- ment, for the year 1808. It is ordered by the Magistrates in Quarter Sessions that the sum of thirty-four pounds be levied from the County of Prince Edward, for E. Washburn Esq., for his wages as Mem- ber of Parliament for the year 1808. The Sessions adjourned until the i6th May 1808. The Sessions met pursuant to adjournment. Present : R. Cartwright, Esq., Chairman, Thos. Markland. The Sessions do order that half a Rate shall be levied by assessment from the District.' Accounts brought forward. Robert Wilkins, Town Clerk Ameliasburgh John Ferguson, for the Market House John Dunham - . . - - COURT OF QUARTER SESSIONS HOLDEN AT OCT. 1808. Present : R. Cartwright, Chairman, Thos. Markland, James Cotter, Wm. Crawford, Esqs. The Magistrates appointed the following Divisions for the Courts of Requests for the Midland District. The Magistrates in Quarter Sessions assembled direct that the County of Frontenac shall be a Division for holding the Court of Requests. That the Townships of Ernest Town, Camden, Amherst iThe assessment act has been once more re-cast. In 47th Geo. III. Cap. 7, which supersedes the previous act but retains the same principle, a more detailed Ifst of rateable property is given, evidently in the attempt to equalire the assessments as far as possible. Yet it remained a very ill-fitting system of taxation. The full Rate reniains one penny in the pound. ^ £ { 10 C 18 10 8 2 10 KINGSTON IITH } Ric ^:- of si 1 i V st cc la J t I t If i j 1 r j i EARLY RECORDS OF ONTARIO 55 Island and Sheffield, shall be a Division for holding Courts of Requests for the said Townships. That the Townships of Fredericksburg, Adolphus Town, Richmond and the Mohawk Village, shall be a Division for hold- ing Courts of Requests for the said Townships. That the Township of Marysburg shall be a Division for holding Courts of Requests in the said Township. That the Townships of Hallowell and Sophiasburg shall be a Division for the holding of Courts of Requests. And that the Townships of Ameliasburgh, Sydney, Thurlow and Rawdon and Huntingdon shall be a Division for holding Courts of Requests for the said Townships. QUARTER SESSIONS HOLDEN AT ADOLPHUS TOWN, 24TH JANUARY, 1809. Present : — Alex. Fisher, Chairman, Daniel Wright, James McNabb, Jas. Cotter, Bryan Crawford, John Embury, Reuben Bedall, Jas. Young, Robt. C. Wilkins, Hazleton Spencer. The Magistrates upon application alter the Divisions for holding Courts of Requests joining Ameliasburg and the County of Hastings together. And in future the County of Hastings shall be a Division by itself, and the Township of Ameliasburgh shall be a Division by itself. COURT OF QUART'^P cs^SSIONS HOLDEN AT KINGSTON, 25TH APRIL, 1S09. Present: — Richard Cartwright, Esq., Chairman, Thos. Mark- land, Peter Smith, Wni. Crawford, John Embury, Wm. Fairfield, John Carscallen, Dan'I Wright, Hazleton Spencer. [Various accounts passed but no details given. Constables appointed for the ensuing year.] It is ordered by the Magistrates in Sessions that the sum of twenty-three pounds be allowed to James Wilson, Member of Parliament for the County of Prince Edward excepting the Township of Ameliasburgh. It is ordered by the Magistrates in Sessions that the sum of twenty-three pounds be levied from the Counties of Lenox and Addington tor Thos. Dorland, Member of Parliament. It is ordered by the Magistrates in Sessions that the sum of twenty-three pounds ten shillings be levied from the County of frontenac for Member of Parliament's wages. S'i EARLY RECORDS OF ONTARIO. It is ordered that the sum of eiphtecn poiiiuls ten shininf,'S be levied from the Coimty of Hastiiijjs and the Township of Ameliasburph for Jas. McNabb, Member of Parliament. It is ordered that the sum of twenty-tluee pounds be levied from the County of Lenox and Addin^jton for John Roblin, Member of Parliament. John Poncet is appointed Clerk of the Market in the place of Zenas Nash. It is ordered in future that every day, Sundays, Christmas Day and Good Friday excepted, be market days. By order of the Magistrates in Sessions. It is ordered by the Magistrates in Sessions that two thirds of a full Rate be levied from the District for the year ensuing. The Sessions adjourned until the 22nd day of May i8og. COURT OF QUARTER SESSIONS HOLDEN AT THE TOWN OF KINGSTON ON THE 24TH DAY OF APRIL IN THE YEAR OF OUR LORD ONE THOUSAND EIGHT HUNDRED AND TEN. Magistrates present :—Richaird CsLtiwright, Chairman, Thos. Markland, Dan'l Wright, Wm. Fairfield, Arch. McDonell, Joshua Booth, John Carscallen, Reuben Bedall, Esqrs. The Magistrates in Quarter Sessions do order and direct that three fourths of a Rate be levied off the inhabitants of the Midland District for the ensuing year. The Magistrates direct that Christina Ferris may obtain a licence for a tavern at her house in the third concession. It is ordered by the Magistrates in Quarter Sessions that the following sums of money be allowed to the hereunder mentioned persons and paid from the Treasury. [List of payments given without particulars other than names.] lit is evident from these entries and the expenditure for a market bouse, that the Magistrates in Sey^sions had already undertaken to regulate the market in Kingston. Probably there was some record of their action in the missing volume covering the years 1804-1806. There is no mention of a market in the records up to the end of the January Session, 1804. Yet in 1801 an act was passed, 41st Geo. Ill cap 3 ■ " To empower the Commissioners of the Peace for the Midland District, in their Court of General Quarter Sessions assembled, to establish and regulate a market in and for the town of Kingston in the said District." This act gives the Court of Quarter Sessions entire control of the market and all the regulations con- nected with it But when they first exercised their powers is uncertain. Before there was a regular market in the town, parts of certain streets were recognired as places where vendors of market produce were to be found, and there an informal market was held. EARLY RECORDS OF ONTARIO. 57 It is ordered that the sum of twenty Bve pounds be levied from the County of Frontenac for Allan McLean Esq. member of Parliament representing the said County for the year 1810. It is ordered that the sum of twenty four pounds be levied from the Counties of Lenox and Addington for Thomas Dorland, Esq. member of Parliament for the Counties of Lenox Sc Ad- dington. It is ordered that the sum of nineteen pounds ten shillings be paid and levied frotn the County of Prince Edward, Amelias- burgh excepted, for James Wilson Esq. Member of Parliament. It is ordered that the sum of twenty one pounds be raised and levied from the Counties of Lenox Sc Addington for John Roblin Esq. Member ol Parliament for the said Counties. It is ordered that the sum of twenty four pounds be raised and paid to James McNab Esq. Member of Parliament for the County of Hastings and Township of Ameliasburgh. Constables appointed for the year 1810. [List follows.] The following persons are appointed as surveyors of high- ways. Michael Sloot of Portland, and David Brass of Kingston, for the County of Frontenac. Davis Hawley of Ernest Town, John Carscallen of Camden, Peter Detlor of Fvedericksburgh, Cyrenius Parke of Fredericks- burgh, Elisha Philips of Frederickiburgh, and Paul Trumpour of Adolphustown, for the incorporated Counties of Lenox and Addington. Matthew Pruyn, Marysburgh, George Baker, Hallowell, Benjamin Way, Sophiasburgh, for the County of Prince Edward. George Myers, Sydney, & John Caniff, Thurloe (for the) County of Hastings.* • The former arrangements for laying out and keeping in repair the public highways had not been found satisfactory. Hence the Legislature in March 1810 passed a new act, 50th Geo. III. cap r, repealing all former acts on the subject, and enacting an elaborate measure dealing with the whole matter. This act placed the administration of the roads & bridges in the hands of Surveyors of Highways to be appointed for each County by the Quarter Sessions. Their rights and duties are minutely prescribed, as also the powers of the Justice* of the Peace in directing their operations and voting grams in aid of the works. It is in accordance witii this act that the surveyors here mentioned are ap- pointed. 58 EARLY RECORDS OF ONTARIO. COURT OF QUARTER SESSIONS, lOTH JULY, 181O, AT ADOLPHUS TOWN. Ma^islraies Present : — Alexander Fisher, Chairman, Hazleton Spencer, Stephen Conj^er, Barret Dyer, Jos. Cotter, Daniel Wright, John Embury, Robt. Young, Henry MacDonell. The Magistrates in Sessions order a Bible and ink stands to be purchased for the use of the Sessions. The Magistrates allow Griffith Howel a licence to keep an inn at his house in Sophiasburgh. COURT OF QUARTER SESSIONS HOLDEN AT KINGSTON, THE 9TH DAY OF OCTOBER, IN THE YEAR OF OUR LORD, ONE THOUSAND FIGHT HUNDRED AND TEN. Magistrates Present : — Richard Cartwright, Chairman, Joseph Forsyth, Arch. McDonell, Thomas Markland, A. Fisher. Tlie Magistrates in Quarter Sessions fine Chas. Trump, Thos. Davis, Wm. Thomas, and John Anderson, forty shillings each for non-attendance as Constables at the Sessions. The Quarter Sessions grant permission to Wm. L. Bowen to have a licence to keep an inn. Also to Robt. Vaughan. James Adams appointed Clerk of the i ,arket, [Kingston.] COURT OF QUARTER SESSIONS HOLDEN AT ADOLPHUS TOWN, 22ND DAY OF JANUARY, 181I. The following regulations were established for the ferry between Thurlow and Ameliasburgh. A single man ------- is 6d. A man and pair of horses or oxen with empty carriage 2 3 For every cwt. of luggage 2 Horned cattle per head . - . . . 7^ For every 6 sheep ...... 7^ Benjamin Garow to ferry from Ameliasbnrg to Thurlow. Philip Swich from Thurlow lo Ameliasburgh.' COURT OF QUARTER SESSIONS HOLDEN AT KINGSTON ON TUESDAY THE 23RD DAY OF APRIL, 181I, Magistrates Present : — Richard Cartwright, Chairman, Jos. Forsyth, Wm. Crawford, Robt. Clark, Jno. Carscallen, Andrew Kimmerly, Peter Smith. 1 This is a re-arrangeraent of the ferry granted to Benj. Garow at the January Sessions 1803. KARLV RRCORDS OF ONTARIO. 59 25TH Al'UII,. The Magistrates do order that three fourtlis of a full rate shall be levied for the ensuing year. The following persons are nominated to serve the office of constables for the ensuing year. [List follows.] It is ordered that the following sums of money be paid from the District Treasury to the undermentioned persons. It is ordered by the Magistrates in Quarter Sessions that the sum of twenty pounds be paid to the Sheriff of the Midland District, for the year ending April i8n. And in future the same yearlv allowance from the treasury of the District, as a compen- sation for summoning the Juries. [Extracts only.] Amount of the Sheriff's acct Town Wardens Kingston John Stinson, as member of Parliament Willet Casey, as member of Parliament Trustees for the bridge at Thurlow Town Wardens Hallowell for John Cobb Town Wardens Ernest Town Clerk of the Peace .... Mr. Sloot surveyor of Roads The Quarter Sessions appoint John Mcintosh of the Town- ship of Thurlow a surveyor of highways for the County of Hastings. 19TH MAY. The Sessions allowed the alteration of the roads in Lough- borough agreeable to the report of the surveyor of roads.^ It is ordered that the sum of fifteen pounds ten shillings be paid to J s. McNabb Esq. Member of Parliament for the County of Hastin/s and part of the County of Prince Edward. j It bei g represented by the Commissioners of Highways appointed &c., that the sum allowed by the Legislature for build- ing a bridge over the Little Cataraqui river in the second conces- sicn, is very inadequate to that purpose, and that a new bridge is nevertheless indispensable, it is resolved that it will be expedi- 1 This is in accordance with section 3 of the new Highway Act, 50th Geo. III. Cap. I 72 12 3 25 10 25 10 20 13 12 8 13 15 66 15 4 lO ■ do KAKLV RICrOKDS OF ONTARIO ent for the sai'l commissioners to proceed and that they will be at all events indemnified out of the District Treasury should the Lef.(islature decline to make any further grant for this object.' Thomas Dorland, Ksq,, Twenty-five pounds ten shillings. Allan MacLean, Esq., Nineteen pounds. 2 COURT OF QUARTER SESSIONS HOLDEN AT KIN(JSTON, TIIIC EIGHTH DAY OF OCTOBER, l8ll,3 Magistrates Present : — Thomas Markland, Foreman, Arch. McDonell, Wm. Robins, Peter Smith, Jos. Forsyth, John Cars- callen, Jas. McNabb, John Embury, Wm. Crawford. The Collector laid before the Sessions an information against persons unknown for bringing into the Province articles prohib- ited by law. ' The Legislature had for some years past been making special grants to the various Districts, for assistance in road and bridge making. Such a system once entered upon tended to develop very rapidly, as was very strikingly shown in Lower Canada In 181 1. by 51st Geo, IIL Cap. i, the Legislature made a further grant of / 5,450 specifying as usual, in the grant to each District, the amount to be expended on each local work. But a new feature in the Act was a provision for the appointment by the executive Government of one or more special Commissioners for each District o applv the government grants. The Commissioners might be assisted, but were not to lie interfered with by the Magistrates and overseers of the several Districts. 'I'lie highways were thns subject to two independent sets of officials. For the bridge mentioned above, /70 had been appropriated, and the Justices in Sessions might guarantee a further ex()enditure to the extent of /50, which was the limit of the legal appropriation for any single work in connection with the highways. - Being their allowance as members of Parliament. ' The oOicial records of the Court of (,)uarter Sessions do not include all the measures of the Magistrates in Sessions for the administration of the District. l'"or instance, their relations to Town meetings are not recorded, and other import- ant matters connected with the local administration of sulwrdinate municipalities are also omitted. One of the most important measures passed by the Magistrates was that for the regulation of the market established in Kingston. Though these regulations are not given in the records of the Court, they were published under official sanction in the Kint^stiiii Giiru'ttc of May 21st, 181 1, and are as follows : " Rules and Regulations, relative to the Market established in the town of Kingston. Article i. That the square between St. George's church and the river, in the town of Kingston, shall be tht; market place, where all butcher's meat, butter, eggs, poultry, fish and vegetables, shall be exposed to sale. 2. That every day in the year shall be a market day, except Christmas, Good Friday and Sundays. 3. That no person shall sell butcher's meat, butter, eggs, poultry, fish and veg- etables, from the hour of six in the morning till the hour of four in the afternoon, expect in the market, under the penalty of five shillings. 4. 7 hat no person shall kill calves or other animals in the market place, or gut fish, or empty l)ellies or guts of animals therein, under the penalty of five shillings. 5. That no person shall expose for sale any tainted meat or fish, in the market THi'; EARLY RECORDS OF ONIAKIO. 6 1 Proclamation was duly made three times. A jury was called to assess the dainafje for a road laiil out throu};h improved land in the Townshi[t of Loiifjhborongh, on complaint of James Kiiapp. The jury having retired from court to consider of their ver- dict, and having returned, by their foreman. Freeman Burle}-, ])lace, under the penalty of five shillings, besides forfeiture of the same, on view of one justice. 6. That no person shall expose fisli for sale within the two floored sijuares of the Market house, but they may be exposed for sale in tiie intermediate space, upon hoards or benches. 7. Whereas there is room for eight butcher's stalls or benches in the market house ; -such part of the same as is not already occupied, shall be assigned by lot to the several butchers desirous of occupying the same, and the occupier shall im- mediately erect stalls or benches not exceeding two feet long and seven feet wide, which shall be uniform. 8. Whereas persons from the country may require moveable benches or stalls, -the same shall not exceed seven feet in length and three feet in breadth ; any per- son placing a moveable bench of greater dimensions in the market house, and neglecting to remove the same immediately after the market is over, shall pay a line of five shillings, and the said bench may be demolished by order of the Clerk of the market. 9. Every person selling by false weights, shall pay a fine of twenty shillings, and the false weights shall be destroyed. 10. All persons selling provisions or other articles by weight in the market, shall provide themselves with good scales and weights, regularly stamped (within three months from this date, after which if any person shall there weigh with steel- yards or weights not stamped) such person shall pay a fine of ten shillings. 11. Whereas it is expedient to appoint some person to see the aforesaid rules and regu'ations, or any other that may be hereafter made relative to the markets carried into effect ; James Adams, of the Township of Kingston, is hereby appointed Clerk of the market. 12. It shall be the duty of the Clerk of the market to attend to and enforce the execution of all regulationsvvhich respect the market, under the penalty of twenty- shillings for every wilful neglect. 13. He shall keep a list of all persons occupying fixed or moveable stalls or benches, which he shall be ready to render to the magistrates whenever they may demand it. 14. When the market house requires repair, or should any person damage the same, he shall immediately make it known to the magistrates, or some one of them. 15. He shall see that butchers and others occupying the market house, do leave no filth therein, and keep the same clean. 16 He shall from time to time examine and see that all weights and measures made use of in the market place are just 17. The Clerk of the market shall be allowed the following fees : By every butcher occupying a fixed bench or stall, to be paid quarterly in advance, twelve shillings per annum. By every person keeping a moveable bench or stall for selling butcher's meat, twelve shillings per annum, or nine pence each market day, at tlie option of such person. From every person occupying a place for selling fish, six pence per day. 18 And the Clerk shall fix a table of the above fees in some conspicuous place in the market house. By order of the Magistrates in sessions assembled, at the town of Kingston, m the Midland District, 13th May, iSii, Allen MacLean. Clerk of the Peace for the Midland District." 62 KAKLV KICCORDS OF ONTARIO. assess the damages for Thomas Knapp to two pounds ten shillings. It is ordered by the Magistrates in Ouarter Sessions that the sum of two pounds ten shillings be paid to Jas. Knapp out of the District Treasury. It is ordered that the County of Hastings and the Township of Ameliasburgh, in future be a Division for holding the Courts of Requests. COURT OF OUAKTEK SESSIONS, HOLDEN AT ADOLPHUSTOVVN, 20TH JANUARY l8l2. Magistrates pyesent. — Alex Fisher, Chairman, jas. McNabb, Reuben Bedell, Paul Trumpour, Jno. Embury, Hazleton Spencer, Henry McDonnell, Wm Cotter. The Magistrates allow Marvel Garrison (or Ganison) and Nicholas Peterson Jr a licence to keep a house of public enter- tainment in Fredericksburgh. The Magistrates allow Geo. Blume a licence for a public house in Adolphustown, also Robt. Vaughan in Sophiasburgh. The Magistrates allow Reuben Cronk a licence to ferry from No. 17 in Sophiasburgh, west of Green Point, to the Mohawk land, on the same conditions that Davenport ferries. Sessions allow Eliphalet Adams a licence to ferry from Marysburgh, above Vanalstine's Mill, to Dorland's Point. COURT OF QUARTER SESSIONS HOLDEN AT KINGSTON THE 28tH DAY OF APRIL l8l2. Magistrates present. — Richard Cartwright Esq., Thos. Mark- land, Wm. Fairfield, Wm. Crawford, E. Washburn, John Em- bury, Reuben Bedell, Alex Fisher, Jas. Colter, John Cumming, Hazleton Spencer, W. Robins. Road in Township of Camden. The jury called and sworn. The jury withdrew to consider of their verdict and having returned into Court, by their foreman Robert Perry Jr. do ad- judge that the alteration in the road in the first concession of Camden shall be confirmed as laid out by the Commissioners. • The King vs. Isaac David, to assess the damage relative to land taken from Isaac David for a public highway. The Jury 1 In accordance with 50th Geo. III., cap. i, section 3. unds ten lions that Lnapp out Township le Courts lUSTOWN, McNabb, Hazleton son) and ic enter- a pubHc burgh, erry from Mohawk rry from lit. HE 28th )s. Mark- ohn Em- umniing, d having r. do ad- ession of oners.* slative to rhe Jury KAKLV KICCOKDS OK ONIARIO. ^^3 20 20 20 r I 10 I 10 50 without retiring from Court by Ehjah Williams their foreman assess the damage to Isaac David to four pounds.' Philip Borland appointed surveyor of the Highways, in the room of Paul Trumpour, for the County of Lenox. Wm. H. Wallbridge appointed surveyor of the Highways for the Township of Ameliasburgh. Constables appointed for the year 1812. [List follows.] The following Orders in Sessions were made. [Extracts only.] To John Stinson, M.P. To James McNabb, M.P. To Thomas Dorland, M.P. - Town Clerk Richmond, los. Loughborough, los. r Camden Town Clerk, los. Fredericksburgh,20s. Hallowell, lOs. Ernest Town, 20s. To the bridge, second concession To the Surveyor of the Highways for the bridge at Collin's Creek - - 20 o o To the Surveyor of the Highways for the bridge in Camden - - - - 15 o o It is ordered that a surveyor may be employed to lay out and straighten a road on the west side of lot No. i in the Township of Loughborough, and other roads, on the representation of the surveyor of the Highways for the County of Frontenac. 2 It is ordered by the Magistrates in (juarter Sessions that three-fourths of a Rate be levied from the District for the ensu- ing year. It is ordered that the sum of eight pounds be allowed for building a bridge at Km'ght's Creek, second concession road. It is ordered that the sum of twenty pounds be allowed for building a bridge over Grass Creek in the Township of Pittsburgh. Also the sum of twenty pounds be allowed for building a bridge over Collin's Creek, in the fifth concession of Kingston. COURT OF OUARTER SESSIONS HOLDEN AT KINGSTON, TUESDAY THE I3TH DAY OF OCTOBER, l8l2. Richard Cartwright, Chairman, Hazleton Spencer, Bryan 1 In accordance with 50th Geo, III., cap. i, section 10. ^ In accordance with 50th Geo. III., cap. i, section 4. 64 KAKLY RECORDS OF ONTARIO. Crawford, Peter Smith, [and later] Thos. Markland, Jos. For- syth. The Sessions allow John Ryder the snin of one pound fifteen shillings for surveying roads. It is ordered that the sum often pounds be allowed to Benj. Fairfield, Esq., for his wages for the year 1812. It is ordered that the sum of eight pounds ten shillings be allowed to Jas. Young for his wages for 1812. It is ordered that the sum of nine pounds be allowed to John Stinsoi), Esq. for his wages for 1812. It is ordered that the sum of ten pounds be allowed Timothy Thomson, Esq. for his wages for the year 1812.^ yUARTER SESSIONS HOLDEN TWENTY-SEVENTH DAY OF APRIL, IN THE YEAR 1813, AT KINGSTON. 2gTH April. Maf^htrates Present : — Richard Cartwright, Esq., Chairman, Wm. Fairfield, Robt. C. Wilkins, Ebn'r Wash- burn, Arch McDonell. The Sessions appoint Mr. A. Ferguson to be Surveyor of the Highways in the place of Geo. Baker, left the Province. It is ordered by the Magistrates in Quarter Sessions that three-fourths of a Rate be levied for the ensuing year. Constables appointed. [List follows.] It is ordered by the Magistrates in Sessions that the follow- ing sums be paid to the undermentioned persons. [List follows with names and sums only, except the follow- i"f?-] Town Clerk, Kingston, 20s. Do. Camden, los. £1 10 Mr. Fairfield, M.P. 1813 John Stinson, M.P, 1813 T. Thomson, Esq., M.P. 1813 Jas. Young, Esq., 1813 John Carscallen Do. Clerk of the Peace £ 58 16 4 [Total payments] .... ^475 17 g court of quarter SESSIONS, APRIL, 1814, AT KINGSTON. Richard Cartwright, Chairman, Thos. Markland, John Car- scallen, Peter Smith, Wm. Fairfield. 1 All as members of Parliament for the dififereiit ridings of the District, !-^I 10 - 13 10 - 13 - 13 10 - 13 ■ 3 15 - II 4 |os. For- iiij fifteen to Benj. illings be :t! to John Timothy APRIL, IN irtwright, 'r Wash- rveyor of ince. ions that e follow le follow o o o o o o 5 o I 4 6 4 7 9 TON. ohn Car ct, F'ZAHLY Kh.COkDS OI- ONTARIO. ^'5 The Court took up the petitions of John Van Sickler, for tavern licence, at Ernest Town, which they granted. Also the petitions of \Vm. Rllerhec, for a licence to keep a tavern at his house in the Township of Kingston, which was granted. And Chas. Keith petitions to keep a tavern at his house in Kingston, which was also granted. The Court took up the petitions of Moses Rogers, Jarvis Warden, Andrew Denyke (?) David Hurnside, Wni. Cloughs, Francis Grant and Abraham Honter, for tavern licences, which they rejected, i The Court then took up the petition of Jas. Adams as goaler, and augmented his salary to ^^50 per annum, including the last year. The Sessions adjourned until eleven o'clock on Thursday morning at the Church. The Court met pursuant to adjournment. An application was made to increase the rates of ferriage from Adolphustowii to Marysburgli, by Eliphalet Adams and Peter V. Borland. The Court are of opinion there is no sufHcient ground to increase the rate of ferriages. The Magistrates in Quarter Sessions made the following ordciS for the payment of money. [Extracts only.] Sheriff, annual allowance Fred. Mincher, for keeping Robt. Brown John Carscallen, surveyor of Roads John Stimson, Esq. .... Timothy Thomson, Esq. Jas. Young, Esq .... Benj. l<"airfield, Esq. . - . . Town Clerk, Camden, los. Do., Ernest Town 20 - . . . - Town Clerk, Fredericksburgh Do., Adolphus Town 1813 and 1814 1 During the war of 1812-15 there were few enterprises open to persons of moderate means more profitable than that of tavern keeping. Accordingly a great many new taverns were opened in the country during that period. Yet as we observe from this record not all who sought to serve the public in this calling were permitted to do so. £20 II I 10 2 7 6 17 10 18 17 18 I 10 I I 10 66 I'AK'LV l^l-.CORDS OI' ONTARIO. I o o u o o 54.} r-f J Town Clerk, Kiii{,'ston, 1814 - Widow Storms on acct. of Ilufin.in ['I'otal paymentsj .... •"oustables for the year iSr4. [List follows.] I Ordered J That three fourths of a Kate be levied for the year ensuiiif,', COUKr 01 (ilAKTl-R SIvSSIONS JANUARY 24TH 1815. ADOMMIUS TOWN. Present: Alex. Fisher, Chairman. Thos. Dorhind, Jacob H. Chamberlain, Reuben Hedal, Stephen Conjjer, Jas. McNabb, Hryan ('rawford, Wm. '/rawford, Michael Sloot. keuben ISedal is appointed surveyor of the Highways for the County of Lenox, from the decease of Philip Darland. COURT OF OUARTER SESSIONS HOLDEN AT KINGSTON 25TH APRIL 1815. Present : Thomas Markland, Chairman, Thos. Empey, Michael Sloot, John Carscallen, Thos. Dorland, Matthew Clark. The Sessions recommended Robt. Walker and Francis Heausoliel for tavern li ices. Mr. Jacob Shibley is appointed surveyor of the highways in the County of Frontenac, in the room of Michael Sloot, Esq. The Sessions recommend the sum of fifty pounds to be paid out oi the Treasury for the ist Concession Bridge, Cata- raqui. That in future only one Court of Request will be holden in the County of Lenox. That in future the Division of Frontenac will be, the Town to Widow Ferris' 3rd Concession, and from the Widow F"erris' to the rear of Holland and Loughborough. The Sessions direct one half Rate to be levied for the Mid- land District for the year ensuing. The following accounts were audited and directed by the Chairman to be paid out of the Treasury. [Extracts only. J Patrick McDonald, to be paid into the hands of Town Wardens and paid monthly - ^^15 o To the Sheriff . - - . - 20 o Town Clerk, Loughborough - - 15 Town Clerk, Ernest Town o o o o o o 4 J (I for the lOOKPHUS 1(1, Jacob McNabl), iways for kI. 25TH Enipey, ivv Clark. Francis hways in Esq. Js to be ;e, Cata- lolden in he Town Ferris' to the Mid- 1 by the D o 3 o 5 5 o KARLV KI'XOKDS OF ONTARIO. 67 It is ordered by the Ma.ijfistrates in Sessions that the sum of twenty-ei^lu pounds be allowed Timothy Thomson ICsc]. for his services as M.P. for Counties of Lenox and Addington, for the year endinjt; March, 1H15. It is ordered that twenty pounds be allowed to James Younjj;- b-sq. for same period. It is ordered that sixteen pounds be paid to Benj. ••"airfield for his attendance durinjj^ the said period. It is ordered that twenty-six pounds be paid to John Stin- son Fsq. That in future the Town Clerks who deliver in the lists are to be allowed as follows: for Camden 15s,, Adolphus 15s., Sidney 15s., Thurlow 15s., Lou^hborouf^^h 15s,, Addinj^^on 25s., Fredericksburg' 25s., Frontenac 25s. Constables. [List follows. | COtIRT OF 01I.\RTI:K SliSSlO.VS 1 I I'll JUI.V, I.S15, IIOI.DKX AT ADOLIMIl'S TOWN. Present: — Alex. Fisher, Chairman, Thos. Dorland, R. Hedal, \Vm. Crawford, Cornelius Vanalstine. The vSessions order and direct a ta\ern licence to Mr. Edward Barnet to keep a public house in Kine Peace for the sail! District, notice is hereby f^'iven, that a meetinjj^ of his Majesty's Justices of the division of Frontenac, will be holden at the Court House, in the town of Kingston, at eleven o'clock in the forenoon, on {Saturday the 23rd of the preaent month, for the purpose of renewing the licences for the year next ensuing ; likewise for granting new liceuces to tlioae who wish to make application for the same. All Inn, Tavern and Public house Keepers, will give their attendance accordingly. JAMES ADAMS, High Constable, Kingston, Dec. 14, 1C15." Published in the A'hu/sfon Gazette of Dec. 16, 1815. KARI.N' KI'COKDS OF ONTARIO. 69 lined Almij^Mity (uul, tluit I did piil)licly iiitorsuarry with I'lric Smyth, at Michiliinackinac, on tlic thirioonth day nf tXtoher in tlie year of our Lord, one thousand seven hiuidrcd and ei^lity-tluee, and that there is now hvinj,^ issue of said niarria.i;e, one son and three dauj^hters. [Xanies and dates of birth follow. | Sworn before me at Kinj^-ston, in the Midland District and l'ri>vince of Upper Canada, the 2()tli May, in the year of our Lord, 1794. KiciiAKi) C.\K rwKHiii r, Junior, C.P. I'IMiere follows a similar deel.M-ation by his wife, Lrie Smyth. On the same date is reijistered the marria^'^e of Kichard Caitwrij^^ht and Magdalen Seeord, which took place at Niagara, Oct. 19th, i7.S;>. 1 yuAKTKU si:ssii).\s ii()i.ni:\ .\ i kincskw 23KI) ai'kii., iSi(). /Vral)ly enlarged. On the 1st of April, IHK!, there was passed "An Aet to rej:iilate the police within tlu^ Town of Kint;ston." T)!') (xeo. LIT, Cap. iiiJ. The preamble states that since the population of the town has much increased, there is need to make provision for its internal re<;uliition. Accordin;4ly, the Ma;iistrates in (^)narter Sessions are author- ized to make and ordain such jiruilential rules and reuuhitions as they may deem expeditnit, "relative to pavin;^-, keepinj^- in rei)uir and improvinj^' the streets of the said town; rej>ulatin<:' slanj^hti-r houses and nuisances, and also to enforce the said town laws relative to horses, swine, or cattle of any kind from runninLf at lar^e in said town; relative to the inspection of Avei<;hts and jueasures, lire men and lire conijianies." I'hey are not, how- ever, to reji'uhite the i)rices of anything;- tinit nniy be offeri'd for sale, or in any way inrerfere with the laws or statutes of the Province. They are au- tlu)rized to rais(» funds by special assessments, to the limit of .£100 in one year, to ))rovide an outfit for the (>xtinf^nishin^- of fires, or to make any other improvements in the town. Their rules and retnrned to rei)resent the constituer.'ieH of the District, Frontenuc, Allan McLean, who was also Clerk ol the Peace, Prince 74 EARLY RECORDS 01' ONTARIO. • To Sheriff, for repairs of Court House- - - ^25 o o The Cataraqui Brid<;e, to be allowed - - - 30 o o Constables appointed for the year ending 1818. [List follows. I May 24th, 1817. The Sessions met. /Vt'.v^v/A-Thos. Markland, Elsq., Chairman; Peter Smith, Robt. Williams, Mat. Clark, John Embury, John Carscallen, And. Kimmerly, Jaeob B. Cham- berlain. The Treasurer presented the accounts to the Ouartcr Ses- sions. It is ordered that in order to meet the expenses of the Dis- trict for the present year, that the Treasurer of the District borrow Four Hundred and live pounds, five shillings, and seven pence half-penny, currency. The following rates of ferriage are to be allowed from Kingston to Point Frederick.^ One person only, - - - - - -; ci. More than one person, - _ _ _ 2 Horses and Horned Cattle, - - - 7^ Edward, Jas. Cotter, Lonox and Addin<,'-ton, Wiliot Casey, and Isaac Fraser, Hastinj'-.s and townHbip of Ameliasbur^-, .las. McNabb. With the exception of Mr. McLean, none of these was in the previous parliament. lOu the 29th March the following,' notice ai)iieared in the KiiHii^ton (Irtzdtr. "Notice. A ferry is to be established to run between Kin>'--ston and point Irederick ; the fixed i)oints will be the street next to Mr Hu<>-h C. Ihomsou's on this side, and north of Hir Kobert Hall's on the oth"er side. The cralt reciuired will be a larf,'e ttat-bottomed boat to carry horses and carriai^'es, and two smaller ouew for foot passenj,^ers. Those iiersons disposed to undertake it will "ive in tenders to Mr. Wm. 8tou-htou l)vthe twentieth of next month, and in their,tender tliey must si)ecrfy the in-ice they will j,ave for the ferry, and the fare they w'ill carry for. 'The lease will be for three years. Thomas Markland J. P. Peter Smith T P Kingston March 29th, t8t 7." •'. -i. In the next number of the Ga-.ctf,-, for Aiu'il r.th, there appeared a lou'- opeu letter addressed to these two Ma<,nstrates, iiuestionin- the authority tor their action. It is claimed that there is no statute coverin.-- the i'e))arationshad ]--*n\ made to build this INFethodist chapel and in November of that jear tenders were called for, by Thos. C'atterick, (called .John Cattevick by Playter, ) the local preacheraiipointcd by the En;.?lish (Conference. The chaiiel was to b(» erected near tht> North (late, and the size of the buildiiiir is j^'iven as 8()x4() and two stories hi<^h. In the ^.'(/-^Y/'r of May 24th, 1817, appeared a list of subscribers to the building' fund, which showed tliat most of the leadiiifj; p(>oi)h' of the town and dis- trict, iucludiuy some oj the military, had contributed towards it. EARLY RECORDS OF ONTARIO. 77 The Court order a licence to issue to R. Cusach (?) to keep an inn in the Town of Kinj^-ston. The Sessions adjourned until 19 July at Kin town ; and the ^^ate in (luestion must have been about tlie corner of (^neen and Cieryy streets. -The decision of the jury is ^iven in the report of the Sessions for October 1818. 78 KARLV RECORDS OF ONTARIO. A horse, - IIo^s, each, 2S. 6cl. The Sessions sentence \Vm. Schyler to be set in the stocks for two hours.' | l<'or petit larceny.) The following are the rates of ferrias^e established by the Magistrates in Quarter vSessions from Wolfe Island to the American shore : A man, - - - 2s. Cattle, each, - - 2s. For a loaded wa^jjj'on or sleigh, ------ 3s. The following are the rates of ferriage from Belle Villcj to Ameliasburgh: Man and horse,- - - 2s. 6d. Man, - - - is. 3d. Waggon and horses, - 4s. Two men, - - 2s. One pair of oxen, - - 4s. It is ordered that the Treasurer do pay the following sums of money to the undermentioned persons : [Extracts. J Alex. McDonell, Coroner, - Wm. Bell, Coroner, - John McLean, Sheriff, Clerk of the Peace, Jas. McXabb, Esq., M.P.,- Isaac Eraser, Esq., M.P., - Robert Young, Gaoler, Total amounts to be paid, ;^i,o53 18 i'i,sonnient and i>nl)- lic wliippinj;-, ii!) .stri|)es. Jobn Grace, (iriind larceny. One month's im- prisonment, public \vbii)pin;::, ;51) stripes, and banishment. Mary Smith, Grand larceny. On(> month's imi)risonment and private whippinf^. >\)ble Bowman, Assault ui'on a female. Ten days imprisonment and five i)oundH tine. Alic(> Jii'aydon, Kingpin;;' a bouse of ill-fame. One month's im- prisonment, standin;^- in tbe pillory half an hour, with a label of her of- fence' on lier back. Mary Flake, keei)in;,' a house of ill fame. One month's imprisonment and sittinfj; in tlu! stocks half an hour. In the folhiwin^'year, 181!), for an assault with intent to nuirder, a man was senfenced to two months imprisonment and a tine of tbree pounds. Another man, for knowini,'ly uttering' a forek at the river Moira, Belleville, by reijuest from tbe people of the town." 23 8 26 5 H7 26 28 10 282 HAkLV KlvCOKDS OI« OXTAI^IO. ro [List follows. I It is ordered by the Maq-istrates in open Sessions tluit the Midland District be divided into two divisions for holding- the Courts of Request —the Upper and Lower Division. The Up- per Division to comprehend Marysbur^rh. Mallowell, Sophias- bur.trh, AmeHasbur^h, Sidney, Rawdon, 'Huirlow and the Mohawk Lands. The Lower Division to comprehend Pitts- bur^Hi, Wolfe Ishind, Lou^-hborousj^h, Kinsj^ston, l-lrnest Town, Amherst Lshmd, Camden, Porthind, Richmond, Frederick'sburj^h and Adolplius Town. And the Mat^istrates within these re- spective Divisions to fix the pkices of holdinjr their Courts. The Grand Jury made a presentment rekitive to the pub- Hshing' the accounts of the District.! It is ordered tliat the sum of thirty-five pounds be paid to James Cotter, ALP., for the County of Prince lulward, for the year 1818. It is ordered that the sum of thirty iivc pounds be paid to Willet Casey Esq. M.P. for the Incorporated Counties of Len- ox and Addinijton, 181 8. ADJOUXKD SESSIONS, 9TII MAY 1818, Thos. Markland, Chairman, Peter Smith, Anthony M. Grier, Michael Sloot. Lewis Day presented a petition relative to tlie Cataraqui Bridge. The Maj^-istrates direct a petition to the Lt.-Governor not to grant any more lots in the Market Square. The Treasurer delivered his account of the money raised and expended under the Police laws. The Treasurer also delivered his account of money receiv- ed and expended relative to the Market Mouse. ADJOURNKD SESSION, 8tH JLXK, 1818. Present: — Thos. Markland and Peter Smith, Hsqs. The Sessions authorize John Cumming and Peter Smith, Esquires, to enter inLo an agreement with some person to dig a well for the use of the Gaol, and to give orders to the person so undertaking, on the Treasurer of the Midland District, to pay for the same out of the Treasury. June 15. The Sessions nominate and appoint Mr. Robert iNo action was takeu on this at the time. So I'lAKLV Kl-XOKDS 01< ONTARIO. Richardson Collector for the Town and Township of Kinj^ston, Wolfe Island and Pittslnir^^h. June 22. The Maij^islrates in Sessiims accept of the offer of Mr. Anthony Marshall, Surjj^eon, to attend the jj^aol. Julv II. It is ordered by the Magistrates in Sessions, that stone monunients be placed at the four corners of the Township of Kintjston, and at each end of each concession line on the boundary line of the Township. It is ordered that the sum of one half penny per acre be raised from the lands ..if ihe Township of Kingston to defray the expense of fixinj^ permanent boundaries of the said Town- ship. oiakii;k si:ssu)Ns, adoi.I'III's town, 14111 Ji'i.v, iHiS. Alex. iMsher, Esq., Chairman, Thos. Dorland, Jas. Cotter, John Hmbury, Arch. McDonell, Dan). Wright, Barnabas Dyer, Win. I>ell, Jas. McNabb, Reuben Hedal, Stephen Conger. It is ordered that from and after the first day of Auij. next, that the Midland District be divided into the following Divisions for holding the Courts of Requests: The County of Frontenac to contain two Divisions, the first division to include Wolfe Island, the Township of Pittsburgh, the Town of Kingston and the first and second concessions of the Township of Kingston. The second Division to include the other concessions of the Township of Kingston, the Town- ship of Loughborough and the Township of Portland. The County of Addington to be one Division. The County of Lenox to be one Division. The Township ot Amcliasburgh to be one Division. The Townships of Hallowell and Sophiasburgh, together, including the Big Island, to be one Division, The Township of Marysburgh to be one Division. The Justices acting within and for each Division, or the major part of them, to appoint the place of holding the Court witliin and for their Division. And it is further ordered that the Clerk of the Peace cause the foregoing order to be published in the Kingston Gazette three weeks successively. By order of the Sessions. HAKI.N' KIICOKDS OF OXTAKIO. I Hi I III': yUAKTKK SKSSIONS, IKM.PKX AT KINGSTON, Tri;sn\V I, VI II (HTOHIIU, iSlH. Present: -Tlios. Marklaiid, Cliaiiinaii, I'ctcr Sniitli, Tlurs. Dorlantl. A jury was empanelled whether a road on Wolfe Island shall be conlirmed, pursuant to a report of I'^lijah IJeaeh, dated 26th Sept., iSiH. A jury was called to confirin the report o{ the Surveyor o[ Highways, -ICIijah Beach, to discontinue the road from Store St. to Abbot's Inn. Mr. Washburn as counsel opposed the cHMitlrmation of the Surveyor's report as a jury had already decided on the question. 'i"he Magistrates and the jury to be empanelled. [Names follow. ] The jury after retirinj^ to consider of their verdict, and havinj^ returned into court, by their foreman Joseph Jackson say the road already confirmed from Store street direct to Ab- bot's Inn be continued. The Sessions adjourned until the second day of Xovcmbcr, 1.S18. It is ordered by the Mnoristrates in Sessions that the sum of thirty-three pounds ten shillings be paid to Isaac Fraser, Flsq., M.P., for Lenox and Addinijton. Also the sum of thirty-one pounds ten shillin, an act waw i)aHHed altei'in^ the hiw then in fon-e Avitli ref(>rence to the ;L;rantin,l)ert XVilHams, Isaac I'Vaser. It is ordered that the rates of Tavern Licences, for the en- suing year, for the Town o( Kin^^ston, is to be ten pounds. That the rates of Tavern Licences outside the Pickets, north westerly, is establisliedat six pounds for the ensuinj^ year. That the rates of Tavern Licences for the villages of Wat- erloo, Math and Mclic Ville, each licence to he six pounds. That the rales of Tavern Licences for the villa^^e of llallo- well,' and one mile on each side the same, the sum of six pounds. That the rates of Tavern Licences throujj;-hout the District, not comprehended in the forej^oinj^ orders, the sum of four pounds. That the rate of Tavern Licence for Stuartville,-' the sum of six pounds. The Mai^istratcs in Sessions do order, — that every person obtaininjj^ a licence to keep an inn do enter into a recognizance, himself in ten pounds, with two sureties each in the sum of five pounds, to prevent unlawful games in his house, and that he keep good order and rule within the same. That in addition to to the foregoing recognizance, the following rules and regula- tions are to be observed by every innkeeper under the forfeiture of the said recognizance: That no innkeeper shall vend any wine, brandy, rum, or other spirituous liquors, except for the use of travellers, after the hour of ten at night in winter, and nine at night in summer. That nc innkeeper shall vend any wine, brandy, rum, or other spirituous liquors on Sunday, except to sick persons and travellers, nor during Divine Service. No innkeeper shall suf- fer any tradesmen, labourers, or others to abide in his house longer than an hour in the day time, in order to drink and tip- ple. That every innkeeper in the County sha'' possess an in- closed yard and shed for the accommodation o travellers with their carriages. iNow Picton. 2A subur'o of the town in the neighborhood of the present site of Queen's University. 18 5U2vO lO. Iin Cummin^, I or, Wrn. Mit- ^s, (or the en- :n pounds. i the Pickets, sensuiii^r year. I;i^a's of Wat- pounds, a^^e of Ilallo- e sum of six t the District, sum of four ille,- the sum every person x'co^:fni/ance, le sum of five . and that he n addition to and rc^'-ula- the forfeiture ndy, rum, or ers, after the summer, dy, rum, or persons and >er shall suf- n his house ink and tip- sscss an in- t'ellers with esent site of A IfM