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DORCHESTER BRIDGE. 3, roe de i Qufebec 4, QUt- Iti.. •■ V- ■ Ma; ^Mr* •"T%„., ■ :*}/■ '^:-i. ■:.<■:'■ 'f ;"-»■.♦• ■7-' W ■ J|:- " 4- yji ,'■1 :■ ."" . , i ' \ f «^'f"Vf ,.*.. ...' ^..J5- i i i ,y i,?*.'^^'^ ■'*'*»- Tf-T^*^ ':: '^ '^^ ^■■^i' FROM THE 'J''w8,- iM;,".* Y_.';ii 'tc, ORDINANCE 4 Vict, Cap. XVII, INTITULED : ** An Ordonnance to provide for the inprovement of ** certain Roads in the neigbourhood of, aud leading to the City of Quebec, and to raise a fund for that it it purpose - i > i.-'Ui^ IV. And be it further Ordained and Enacted, that the said Trustees, before acquiring any land for the" purposes of the said Trust (except in the case provided m t:ie seventh section of this Ordinance) shall pay to the proprietor or proprietors thereof, the just and rea- sonable value of such land, and they shall make reasonable satisfaction to each and every person, body politic or corporate, who shall have suffered damage by reason of any thing done by them in carrying this Ordinance into effect, beyond the amount of such damage as the party might have been bound to suffer without compensation;, before the passing of this Ordinance, by the laws of this Province ; and if the party entitled to such value or qompensation shall not be satisfied with the sum offered by the said Trustees, the same shall be decided by a Jury to be empannelled and sworn for that pur- pose, at any sitting of the Court of Quarter Sessions for the present District of Quebec, or for the District in which the city of Quebec shall be situate, at the suit of the party sustaining such damage, and if the damages awarded by the verdict of such Jury shall exceed the compensation offered, the Trustees shall pay the costs of suit, which shall otherwise be paid by the party who shall have brought the same: Provided always, that the said Trustees shall in no case be bound to make or ,«♦ inaintain anj fence between any part of the roads thev are hereby authorized to make, and the lands througp which the same shall pass; but if any proprieto|r pf any land shall by reason of this enactment sustain ^ny loss^ or become subject to any expense which he would no^ have bee^ bound by the laws now in force to bear without compensation, if the said Roads had beien directed to be made by any Prodi Verbal of the Grand Voyer duly homologated, then iBompensajbion shall be made to such proprietor by the said Trustees for such loss or expense/ and the amount thereof shall be ascertained in the manner herein provi- ded with regard to other damages sustained by any party }>j reason of aiiy thing done under the authority cf this Ordinance. V, And to prevent delay in the formation and per- fecting the Roads mentioned in this Ordinance, be i^ further Ordained and Knacted, that in case any party entitled to receive value or compensation for land re- quired for the purposes of the said Tiust, shall not be satisfied with and ^hall refuse to receive the sum or sums of money offered therefor by the said Trustees, it shall be lawful for the said Trustees to appoint an Apr praiser or Expert, and to require the party dissatisfied to appoint another Appraiser or Eaper^t, and to notify to the s^id Trustees or their Secretary in writing of such appointment ; and the two Appraisers or I^xperU so appointed, shall estimate and report to the said Trustees the value or compensation to be paid to the said dissatisfied party ; and in case of disagreement be? tween the said Appraisers or Experts, or in case the party dissatisfied shall refuse or neglect to appoint an Ap- praiseror J5^ir/7^r^ within twenty-four hours after written notice from the said Trustees or their Secretary, shall have been left at the domicile or at the usual place of business of the said dis.^atisfied party, or in case the Appraiser or Expert of the said dissntipfied party «hall m -«5- -m refuse er neglect to act within three dajs after such appointment shall have heen notified to him, anj one .0^' the Justices of any one of Her Majesty's Court of Law, having superior jurisdiction in the said District of Quebec, or in the District in which the City of Quebec shall be situate, shall, upon the summary petition of the Trustees, and proof upon the oath of one credible wit- ness, of either of the refusals or neglects aforesaid, forthwith appoint an Appraiser or Expert to act on be- Jialf of the said dissatisfied party ; and the Appraisers ,or Experts appointed as aforesaid, shall estimate the value or compensation to be paid by the Trustees, and shall report the same to them, in writing ; and in case of disagreement between the Appraisers or Expertt they the said Appraisers or Experts shall appoint an Umpire, or if they cannot agree on the appointment of an u mpire, one of the Justices aforesaid shall, without loss of time, on the summary petition of the said Ap- praisers or E^xperts or of the Trustees, appoint an Um- pire ; and the report of any two of the said Appraisers pr Experts and Umpire, shall have equal effect, as if the same had been or were made by the two Appraisers pr Experts concurrently, and upon the amount of such estimated and reported value or compensation being duly tendered by the Trustees to the dissatisfied party, either personally or at his domicile, or nt his usual place of business, it shall be lawful for the jaid Trus- tees, whether such tender be refused or accepted, im- mediately to enter into and upon the land required for the purposes of the said Trust, the value or compensation where of shall ha »^e been tendered as aforesaid, without awaiting the inipannelling, swearing in and decision of jury, as is required by the fourth section of this Or- dinance, any thing in this Ordinance to the contrary notwithstanding ; Provided always, that nothing herein contained, shall be construed to prevent any proprietor pfland, required for the purposes of th^. said Trust, $ the value or compensation whereof shall have heen es* timated and tendered as aforesaid, or to prevent the Trustees, if they the said Trustees shall be dissatisfied with the estimated and reported value, from requiring the impannelling, swearing in, and decision of a jurv, for the purposes and in the manner specified in the said fourth section of this Ordinance, saving always the right of the said Trustees to enter into and use the land fronji and after the time of such tender as aforesaid. •V^-r-^-i iff }.,,f; : _ ,'--:,i i|? iitrylf C-S '-Hit'' <•''' ':' rfie :i'j^jf,>..^', :. '., -.r-i. \ : ■ I M .. EXTRACT FROM THE PROVINCIAL STA. TUTE 12 VICT., CAP. CXV, INTITULED: r " An Act to autorize and enable the Trustees of Que- bec Turnpike Roads to acquire and assume the possession and property of the Bridge called Dor» chestsr Bridge, and for other purpose." (( «( II. And be it enacted, That it shall be lawful for the said Trustees, and they are hereby expressly authorized and required, as soon as possible after the passing of this Act, to acquire and assume the possess on and pro- perty of the said Draw-bridge, now called Dorchester Bridge, with the Toll-house, Turnpike and dependencies which may thereunto appertain and belong, and the ascents and approaches thereto as aforeiaid, first paying to the proprietors thereof the full end entire value which the same shall bear and be worth at the time of such assumption, to be offered, decided or estimated and paid, or lodged and distributed, as the case may re- quire, according to the terms and provisions of the said last mentioned Ordinance. . " ' ■ ' aV \ ■r«<| ♦^^J J" '»'/. <,rj I ^.i? r/.-fTMH Tfl| tHS TRUSTEES OF THE QUEBEC TURNPIKE ROADS AND THB IPROPRIETORS OF DORCHESTER BRIDGE, is RELATION TO THE ACQUISITION AND ASfUMPTIOM OF THAT BRIDGE. \\ '■ f. Quebeoi 16th June 1840. Sir, I am directed by the Trustees of the Quebec Turnpike Roads to iif ferm you, that by an act passed during the last session of Provincial Parliament, they have been empowered to negnciaie fur the purrhas«„ of Dorchester Briiige, and have deputed two uf their members, Jamei Douglas & J. E. Deblois, Esquires, to confer with you and the other proprietors upon the subject and to ascertain the terms upon which yod would be disposed to conclude a sale of the property in queition. I have the honor to be, Sir, ••; Your most obedient servant, ,, • ;:! (Signed) J. Portbb, • , Secratarjr. .. , ■i) '.<,; ■'. W. H. Anderson, Esqyir^, ^ in behalf of the proprieters > of Dorchester Biidge. ) {Rtctiwd 18M Jum 1349.) .T-JW ;■?;? Quebeo, 19tb June 1849. Sir, I have to aeknowledite the receipt of year letter of the 16th Jtam iMteDty ifcdved yesterday, requesting on the 'pert of the Tnifrtefe of ib« Queb«e Turnpike Rotdi, to aiMrtaifi tht teruii which th« pn^ prittora of Dorchester Bridge would be diipowd to conclude a lale of the property in queation, I beg leave to aaj that ai a nMmbtr of the co- proprietors residual a d dislauce, I shall take the earliest opportunitf to confer with them un the object. I have the honor to be^ # ■maHim':^^ , Yo„,otam.nt.,rv.„,," ' ^^^ (Signed) W. H. Andirioh, John Porter, Esq., Secretary, > ^ Quebec Turnpike Roads. ) III. Quebec, drd Aoeuit 1849^. The Trustees of (he Quebec Turnpike Roads have directed me t^ invite your attention to the suject of the sale uf Dorchester Bridge, and to expretfse the anxiety they feel that as early n day may be named by the proprietors of the bridge as will suit their convenience, to meet Messrs. Douglas & Deblois fur the purpose, of discussing the matter. .fr V>v. ,.T W. H« Anderson, E8(|.» on behalf of the Proprietors Dordiester Bridge* I have the honor to be, Sir, Your moat obedient servant, (Sig^neJ) J. PoRTCR, '' ..,. ., SecreUry. )n 1 :>."(•. .1 i, ^'j f' .(JC; :>;■>'.'■ f-'.i i^V. Qothee, 6th AuSuit 1849. Sir, In answer to your letter of the 3rd infant requesting on the part of the Trustees of the Quebec Turnpike Roads, that the proprietors of Dor* Chester Bridge name an early day to meet IVf e jsrs. Douglass and Debloit on the subject of the sale of the Bridge ; I beg leave to say that Mesart* T. R. Smith and H. S. Anderson have been named to meet Measn* Douglas and Deblois, and that they are prepared to meet thoevgentl*^ men at any time and place tliey may name tor the- purpose of diseuiaing the matter. I am. Sir, «. f: ^'. (Signed) J. Porter, Esquire, secretary "1 m tbe Tru«t«et Qwebea V a RbMb Quebec. | Your obedient servant, W. H. AMDanioir. ■\'^i' ^ 4W — Q— »•>«, T. .» A.,^t Quebec, 10th Augurt 1849. Gentlemen, W. H. Amlcrnon, Enquire, having informed the Trusteei of the'- Qiieben Turnpike RontN, that you hove been appointed by the proprie- tors of Dwi'hester Bridge to mt'ct Monsrs Douglaa and Dcbloii*, who ' have been named on the part of (ho Truvtccn, for thn purpute of dia* cu48ing the subject of the aaid Brid|{0, I am directed to invite you to ■ conference to-morrow at 12 o^clock at the office of the Turnpike TruiU • I have the honour to be, Gentlemen, Your most obedient servant, (Signed) J. Porter, Secretary. I > To T. R. Smith and H. S. Anderson, Esquirea. Memorandum. .^ .«,*74.,roprietord of Dorchester Binlge tihould state in writing the amount which they claim for the same, W9 beg leave to state as we then did verbally, thiit the proprletora value the Bridge at Fifteen thousand pounds and tlicrefuro claim that amount for the transfer o their rights to the Quebec Turnpike Trust. The property to be trans- fered includes the roads leading to Beauport and Charlesb >urg through the pro|)erty of the heirs of tho late Anthony Anderson, Esq. as also the Toll house, wharf, and appertenances on the south side of the River • St. Charles. ■,/" *■ • • '>•>./" We have tho honor to be, *' .' ' ^»->wU ^ Gentlemen, Your obedient servant, . ' ^ . /o -iv T. R. Smith, ii/r:* ifl^o♦^l) /m:. (Srgned) * James Douglas and J. C. ) Deblois, Esquires. ) v H. S. Anderson. .v^ii~.«(»< J .j,j>*i «' fjf&U i . / ' ■• VII. Quebec, 12th September I84t. ^entleme.ny 1 am directed to inform you that the Trustees of the Quebec Turn- pike Roads will meet to-morrow the I3tb instant, for (he purpose of considering the offer made by you on the pari of the Proprietors of Dor- cheHter Bridge and they wilt be happy to see any of tlie proprietora of the Bridge should they wish to make any further communication at a quarter before three o'clock, ^ the iQeeting takea place at two in tbs afternoon. I am, Gfentlemen, Your most obedient servant, (Signed) J. Porteb, Secretary. ToT. R. Smith and U.S. Anderaon, fiaquires. VIII. Quebec, 26th October 184». Sir, The Trustees of the Quebec Turnpike Roads request that they may jbe allowed to cause Dorchester Bridge to be thoroughly inspected as to its condition, but without causing any inconvenience or damrge to the Proprietor. The Trustees also desire me to request that the Proprietors will per- mit them to have communication of their titles to the approaches of the B.ridge at both ends. 1 have the honor to be. Sir, Your most obedient servant, (Signed) J. PoRTBR, Secretary. Tp W. H. Anderson, Esq., oi) behalf of the Proprietors Porchester Bridge. 01) ) IX. Sir, Quebec, 2dth October 184>9. I have to acknowledge the receipt on the 27th instant of your letter •fthe 26th in which you state that Jhe Trustees of the Quebec Turn; r — ii— .1 S' ike Roada request that they may be allov^ed to cause Dorchester fridge to be thoroughly inspected as to its condition but without causing any inconvenience or danfage to thd Proprietors and that the Trusteei^. also request to have communication of the titles to the approaches of the Bridge at both atvh. In answer I beg to Plate on the part of the Proprietors of the Bridgis that the Trustees have full authority to cause the Bridge to be thoroughly inspected whenever they deem proper, withrefference to the titles. I send herewith that, relating to the approach on the south side of the Bridge;, as the ap|)roache3 on the north side of the Bridge from the Beauport and Charlesbourg Roads altogether intersect the property of the late Antony Anderson, Esq., who wad* and wrhose heirs are now joint proprietors of the Bridge, no formal transfer was ever made by him to the proprietors: I have to state on the part of the heirs of the late Anthony Anderson, E^q., that they and their imnriiediate an« cestor have, been in quiet and uninterrupted possession of the property in question for upwards of 40 years as proprietors and are prepared to, secure the same to thia Quebec Turnpike Trust as part and portion of Dorchester Bridge. The Title, which it is hoped will be sufficient to this same ia herewith sent for the information of the Qiiebec Turnpiko Trustees. I have the honor to be, Sir, Your obedient servant, (Signed) W. H. Andhrbon. To J. Porter, Esq., Secretary ) Q. T. T. J ^ -^ Quebec, 2Jrd November 1849; - Gentlemen, ' ,,. I am directed by the Trustees of the Quebec Turnpike Roads to communicate to you the result of their deliberations upon the matter of the purchase of Dorchester Bridge. , Thp Trustees desire me to offer you for Dorchester Bridge, with the Toll house. Turnpike and dependencies which may thereunto appertain, and the ascents and approaches thereto, dependencies and apparte- nances, the sum of seven thcHir^and pounds currency payable in Deben- tuVes under the statute 12 Victoria chapter 115, to mature in ten years from the first day of may next, the interest to run from the latter dity^ and the Trustees to take possession of the Bfidge and dependencies oiTi - thi6 first day of January next. —12— I am (fetiired further to add that the Trustees will be glad to receivt your answer i^t as earlr a period as convenient. 1 have the honor to be, . Gentlemen, ; ', Your most obedient servant, ^•'' '' ' '' ' (Signed) J.Porter, Secretary. To T. R. Smith and H. S. An- " ^^ deraon, Esq., on behalf of the Proprietors of 0. B. XI. I l;i, q 'T Quebec, 26th November ISig*. Sir, We have the honor to acknowledge the receipt of your letter of the 23rd instant communicating to us the result of the deliberations of the Trustees of the Quebec Turnpike roads upon the uiaiter of the purchase of Dorchester Bridge, Toll house &c., and offering us therefor the sum of £7000 Cy. payable in debentures under the statute 12 Victoria Chap. 115 to mature in ten years from 1st May next, the interest to run from the latter day. In answer w^e beg to say that we decline the above offer, and further that we are ready to name an appraiser or expect to meet one to be named on behalf of the said Trustees, in order that the value or com- pensation to be paid to the Proprietors for the said Bridge and its apper-' tenances be estimated and reported upon in manner by law required. We have the honor to be. Your most obedient servant. (Signed) To John Porter, Esq., Secretary V to the Trusiees Quebec Turn- v pil^ Boads.^ y T. R. Smith, Hi S. Anderson. ••!i>.; '!» XII. /.'. , ' Quebec^ 7th December 1849. Gentlemen^ ,. / ; ,, , ' 'Sh^ TruBieeq of the Quebec Turnpike Roads deshre me to acknow- ledge the receipt of your letter dated the 26th ultimo, declining their ofiTec fof "DnQtebfisiet Bridge, and expressing your readiness to name an appraiser or exjiert to meet one to be named on behalf of the Trusteee, in order that the value or compensation to be paid to the Proprietors for the Bridge and its appertenances be estimated and reported upon. —IS— I ■•>■■ lam furlli,;r ireJ to inform you that your proposal is receiving their earnest al«« -.iOn. . • I have the honor to be, , Gentlemen," , Your most obsdient servant, (Signed) . J. Pouter, ■ ' Sacretary* To T. Smith and H. S. Anderson, Esquires, on behalf of the Pro- prietors of D. B. XIII. f Quebec, 13th December 1840. denllemen, The Trustees of the Quebec Turnpike Roads desire me to invite you to a conference with them upon the subject of Dorchester Bridge, on Tuesday next the eighteenth instant at 10 o'clock, A. M. I have the honor to be, Gentlemen, Your most obedient servant, (Sigoed) J. Porter, Secretary* To T. R. Smith and H. S. An- i dcrson, Esquires, on behalf > of tiic Proprietors of D. B. J Memorandum. At fhe request of the Trustees of the Quebec Turnpike Roads, con- tained in the letter of their Secretary dated the 13lh Dec. 1849. T. R. Smitli and H. S. Anderson on behalf of the Proprietors of Dorchester Bridge met the Trustees at their office on the 18 Dec. 184-9. Present J James Gibb, James Douglas, Daniel McCallum, W. H. Lemoine, John Rowley, J. C. Deblois and A. C. Buchanan, Esquires. M. McCallum slated that the Trustees wished to know, what extent of ground the proprietors claimed on the north side of the Bridge. And after some conversation, it was agreed that the Proprietors were en- titled to claim as part of the approaches to the Bridge the road from the present Turnpike gate leading from Beauport, and the road from the old Bridge passing in front of the House now occupied by H. S. An- derson to the present Bridge, deducting the superficial contents of the road from the Toll houso on the Beauport road toward.^ the old Dor- chester Bridge which has been nnd is in the possession of the late An- thony Anderson, Esquire, and his representatives. — )4 — . It Wa'a rcqtiesteJ, by the Trustees whetlier the Proprietors of tin* Briilge would lake in payment Tor the price of the Bndgj'-Tumpike Debentures, it was agreed to take the Debentures at par upon .he ex- {)re8s condition that in thb event of tlie nialter being submitted to ar- >itration or a Jury, the Proprietors reserved the right of showing tha market value of the debentures as part of their case. It was then stated, that the Trustees were of opinion that the value of the bridge must be determined under the 4th Sec. of the Ord. 4 "V^ict. eh. 17. It was contended oji bfehilf of the Proprietors that the 5ih Sec. was the one applica'ate to thi« case t and after some discussion, it was distinctly agreed that the opinion of the Honourable H. Black should be oblainod by the Proprietors of the Bridge, and communicated to the Trustees, and that the same should bii conclusive i pon the law point, which at'Ction of thb ordinance should be proceeded upou. XIV Quebec, 18ih December IS-IO. Sir, We beg leave to submit to you the following case for your opinion. During the last session of the Provificiat Parliament an Act. (12 Vict. ch. CXV.) was passed to authorise the TriJslees of the Quebec Turn- pike Roads to acquire Dorchester Bridge by paying therefor the full value at the time of such acquisition, to be estimated under the terms of the Turnpike Ord. (4 Vict. ch. 17). Under this Act. the Trustees have offered a sum which the proprie- tors have declined to accept ; and they have in answer slated their readi- ness to have the value ascertained in the manner provided by the Fifth' eeclion of the Ordinance. In a conference had with the Trustees, they have intimated that in their opinion the next proceeding to be adopted in the case must be had under the 4 Sec. the 5ih Seel, as they think not being applicablo to this case. , We beg therefore to solicit your opinion as to which Section of the Ordinance ought to be proceeded uimn in order to estimate the amount t» be paid to the Proprietors of the Bridge. We have the honor to be, :i : -'. ' •( ' Sir, '■'• ■ ' :. :-• '. • • . Your obedient servant, .1 * • ' ■ ,c!- i\ '^' R- Smith, ... ,, (Signed) j^ y^ Anderson, On behalf of the proprietors of D. B; ' To the Honourable H. Black, Esq., Q, C. —16' I •ll seems to me quite clear that the fifth section must govern the parties in (heir proceedings to ascertain the value of the Briilge and the compensation to he paid to the proprietors. (Signed) ' ' ' H. Black. Quebec, 22 December 184-9. XV. Quebec, 22 December 1849, Sir, ^ We bee leave*to transmit, for the information of the Trustees of tho Quebec Turnpike Trust, the Honorable il. Black'a opinion upon tb« subject of Dorchester Bridge. We have the honor to be, Your obedient servants, ,c. IV T. R. Smith, (S.gned) ^ s^ Akdersow, To John Porter, Esquire, se- cretary Trustees Quebec Turnpike Roads, XVI. Quebec, 8 January 1850. Sir, We had the honor to address you on the 26ih November last in answer to yours of the 23rd of the same month, intimating that we were ready to name an appaiser or expert to meet one to be named on behalf <»r/ •••■•■ XX. ' . ' ■■ till •■'lU.ut "Mi; ■■if,'' I -^^r ;.. ■■ ,».» ■., Si^^ Quebec, 30th January 1850. We have to acknowledge ttie receipt on the 26th of your letter of the 25th instant in which you say that the Trustees of the Quebec Turnpilce Roads desire you to request us to inform thetn what we un- derstand to be comprised in the Terms " Turnpike and dependen- ' » des. In answer we have to say that these words are used in the statute of the 59th Gea III. Chap. 28, and transcribed in the 2nd Sect, of the Act 12 Vict. Ch. 115, by which the Trustees are authorised to purchase-^ Dorchester Bridge, and form part of the rubject matter now under ne- ' ' gotiation between the Trustees and the Proprietors of the Bridge. And we would further submit that the import of these terms is a proper aubject for the deliberation and decision of the appraisers and axperts. » We have the honor to be, Sir, * ' Your obedient servants, >5j.„^.. T.R.Smith, (Signed) ^ s. AndeLon, On behalf of the Proprietors of D. B. John Porter, Esq., Secretary 1 to Trustees Quebec Turn- ( pike Roads. ] ' ■ XXI. Quebec, 12th February 1850. Gentlemen, Tarn directed by the Trustees of the Quebec Turnpike roadd to ack- nowledge the receipt of your letter dated the 30th ult. and to inform you ill anwwer tberetoy that they do not feel justified in taking any further i // d /// ' action in the matter of ;ihe purchase of Doric|ieater Brid|p, until th« Proprietors abandon their pretensions of exacting ToUi forever, M for- ' ming part of the premises to be valued by experts, and sold by the Pro- prietors to the Trustees, or until such pretensions are deicided upon by coin|)etent authority, and further they do not consider it com|)etent to the Proprietors to show before experts or a Jury that the Debentures to be issued by the Trustees are worth less than twent;y shillinfs ia th« pound. ''" '■'"•' '-•^'■«'* ^''">^*'iiss. i\^!;,-w 5»j:-. I have the honor to be, ' "'' " '-' "*" ' ' ' • - ••" Gentlemen, - *— - /m o.s..vl ntK^n "^''*- '* ^ You most obedient lervant, '- ' ■ i ' (Signed) J.Porter, Secretary. T. R. Smith and H. S. Anderson, Esquires, on beh ilf of the Pro- prietors of D. B. XXIf, i« J.', Sir, Quebec, 14th February 1850, We have the honor to acl^novyledge the receipt of your letter of th« 12th instant, informing us that in answer to our letter of the 30th Ja? nuary last the Trustees of the Quebec Turn pil^e Boadado not feel jus- tified in taking any further action in the matter of the purchase of Dor- chester Bridge until the proprietors abinbon their pretensions of exact | ing tolls for ever, as forming part of the premises to be valued by ex- perts and sold by the Proprietors to the TruBteepf, or until such preten- sions are decided upon by competent authority, and further that the Trustees do not consider it competent to the proprietors to shew before experts or a Jury that the Debentures to hp iwtied I^y the Trusteea are worth less than twenty shillings in the pound, In answer we beg to say, that after having giypn this letter our most serious and deliberate consideration, ^e ape of opinion that it calls for something more than an ordinary acknowledgment. Being desirous of preventing any new 4ifl|culty being superadded to the main objection first raised by the Trustees, we would reply first to that part of your letter which states « that the Trustees do not consider it f< competent to the Proprietors to show before experts or a Jury that the .« debentures to be iscued by the Trustees are worth less than twenty f^ shillings in the pound." As regards the allusion to a trial by Jury it will be observed that the right set up by the Proprietors to show the value ofdebentures before a Jury only occurs in that part of the minute of conference in which the Trustees do not acquiesce, (without hy the bye tendering any minute of their own). At this stage of the c^se, th? di^« euUf in queRtlon is premature, the only point being the reference to AppraiierB or Experts ; and we refer the Trustees to the concluding paragraph of our Letter to them of the 8th January last, by which we expreswd our desire to bring this nnatter to a conclusion by the nomina- tion of appraisers or experts, and in which we diutinctly informed them ** that we Vfere willing to accept debentures at par in payment of any mm which might be settled as the amount of compensation," This was ■urely calculated to remove all difficulty on this head, and we cannot refrain from expressing our surprise that it is again mooted. In regard to the principal objection raised by the Trustees to a refe- rence to appitaisers or Experts, tve would recall their attention to our letter of the 18th August valuing the Bridge and all its appartenancics atjS15,000, and more particularly to their own letter of the 23rd no- vember last bv which they offer the Proprietors " for Dorchester Bridge ** with the Tollhouse, Turnpike and dependencies which may thereunto " appertain, and the ascents and approaches thereto, dependencies and « appurtenances, the sum of J67,000 payable in debentures,"— .thus constituting the amount, that in, the just valuation of the property in question between the sum of j615,000 by them deemed too high on their part, and the sum of JS7,000 by us deemed too low on our part, th« sole difficulty between us. By our letter of the 26 November, being the third day after the receipt of the letter of the Trustees, the sum tendered by them was de* clined, and an offer made to proceed to determine the valuation by ap- praisers or experts. I^ will bee seen by that part of the minute of con« ference in 'which the Trustees acquiesce, that the only point then mooted betwen them and the prciprietors related to tht, particular section of the Turnpike Ordinance (4th or 5th) to be proceeded upon and with respect to this, the opinion of the Honorable Hy. Black was to be deemed conclusive. This opinion was procured determining the point indifference in favor of the 5th section, and it was transmitted to the Trustees on the 24 December. It was only on the 15th January after a lapse of nearly two months from the period of our I'e lining the offer of the Trnstees,and expressing our readiness to proceed to an appraisement, that the Trustees require us to furnish them with a statement of the matters which the Pioprietors desired to be submitted for appraisement, after having made an offer of £7,000 as an equivalent /or • J:^ t .01 i . I*. •♦ ' \ tny right in iho Tru'toos to tmnt-i'drfri, ly 'h ' u^e nf now oml nT\y'.fTj term?', )hj plnin ytatctnent of tho claim of ilu' |»r<»|)rit;f()rs drawn 1 ihi Htatufe.i which form tho hasis of iliit clnim aiul of ,lii; nutho: 1 • the TrustLVH to net in tho mrittor. Tliu proprietors, as alri\'uly Ktatrti in their \> t'cr of thf» 30 Jin-' contend that the import and lh',» extent of ihe tenui u«ied by the Leg tare \h a proper siilijert for the d-lib 'lation and decision of the appru or E>rperl!?. Jin I a diliicully of tins tialiire arisr-n only with \\i\.'. ap Bern, after a regular siih'nission to th.-m l)V boili parties, tho propri \ would have been more oonvinred of ih • di.'.;ire of the TrnstecH to f lerate tho Hettlement of this matter, and ih -y wouhl have aHTorJed i- - facility in procnring the decision of ih? point by a competent authoi Tt\Q proprietors in justice to themselves are bound to say that thro- out the whole of this negotiation they have shown every dispo-v and readiness to bring ih^ matter at issue to a speedy and etj table adjustment according to iho letter and epirit, and the » . • intent and meaning of the statutea in question, but that they have been met in the same spirit by the Trustees. After the remove i" each successive objection raised by the Trustees, another has invari: > v been resorted to and tho question in dispute has been made to assm ^• \ variety of phases and during its protracted discu:=bion, and the propri--^ ? « regret that a candid perusal «)f tha correspondence between them and 1 1 • Trustees will atford no evidence of adesire onthe part of the Ialt»>i • » carry out the just intentions of the Legislature with a due and impnri.ol regard to the rights either ofllie Public or the proprietors. We have the honor to be, Sir, Your most obedient servant, ,^. J. T. R. Smith, ^' '^ ' H. S. Anderson, On behalf of the Prpprietors of Dorchester Bridir"- ( Irft March 1850. No aiuvver has been received to this letter.) T