n^ ^ ^.^..' IMAGE EVALUATION TEST TARGET (MT-3) ^ O A 4" 111 1,0 I.I 11.25 itt III 1X2 I3j6 14.0 23 2.2 2.0 ■ 1.8 ^ * *> '/ 150mm /flPPLIED^ IIVMGE . In : .i^s 1653 East Main Street _^^^ Rochester, NY 14609 USA ^^^= Phone: 716/482-0300 J^^.^=. Fax: 716/288-5989 e 1993. Applied Image. Inc.. All Rights Reserved CIHM Microfiche Series (it/ionographs) ICIMH Collection de microfiches (monographies) Canadian Inatituta for Hiatorical Microraproductiona / Inatitut Canadian da microraproductiona hiatorlquaa IV nnyi TtchniMi and Bibliographic Notm / NotM ttchniqum at bibliographiqiMn toth The Initituta hat atttmptad to obtain tha tiatt original copy availabia for filming. Faaturat of this copy which may ba bibliographically uniqua, which may altar any of tha imagat in tha raproduction, or which may significantly changa tha usual mathod of filming, ara checkad balow. 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Las details da cat axamplaira qui sont paut-4tra uniquas du point da vua bibliographiqua. qui pauvant modif iar una imaga raproduita. ou qui pauvant axigar una modification dans la mithoda normala da f ilmaga sont indiquis ci-datsous. □ Colourad pagas/ Pages da coulaur □ Pagas damaged/ Pagas andommagiat Q Pagas restored and/or laminated/ Pages restaurias at/ou palliculies Pages discoloured, stained or foxed/ Pagas dicolorias. tachetto ou piquies □ Pages detached/ Pagas ditachtas 0Showthrough/ Transparence Quality of print varies/ Qualite in^le de I'impression □ Continuous pagination/ Pagination continue □ Includes indax(es)/ Comprend un (des) index Title on header taken from:/ Le titre de l'ent«te provient: Th«i POMI Of thi fllmii Origii b«gif th«li sion. cth«r first I sion. or illu Tholi shall ( TINUl tMfhieti Maps, diff an Ofltira boglni right I raquir mathc I livraison □ Title page of issue/ Page de titre de la I □ Caption of issue/ Titre de dipart de la livraison □ Masthead/ Generique (pariodiques) de la livraison This item if filmed at the reduction ratio checked below/ Ce document est filme au taux de rMuction mdiqui ci-dessous. 10X 14X 18X 12X 16X 20X £ZX y 26 X 30X 24 X 28 X □ 32 X Yht eopv filmed h«r« hu bacn rtproduoMi thanks to th« g«n«rosity of: Library of tht National Archivfs of Canada L'oKomptairn fllmi fut roproduit grico A la gAnArotiti do: La bibliothAqua dai Archivts nationalat du Canada Tho imago* oppooring horo oro ttw boat quolity posslblo conaidoring ttio eonditlofi ond logibility of tho origlnol copy and in kaoping with tho filming eontraot spoeifieotiona. Original sopiaa in printod pepor eovora aro fllmad beginning with tha front eovor ond onding on tho laat paga with a printad or llluatratad impraa- sion, or tho bock covor whon opproprioto. All othor original coploo oro fllmad beginning on tho first pogo with o printod or illuatratad impraa- sion. ond onding on tho kMt pogo with o printod or illuatratad impraaaion. Tha laat racordod fromo on ooch microficho ahail contoin tho sy nbol •^ (mooning "CON- TINUED"), or tho symbol ▼ (mooning "END"), whiehovor oppiios. Mop». ^«otos. ehorts. otc moy bo filmod ot different reduction rotios. Those too lorge to be entirely included in one Mposure ore filmed beginning In the upper left hond comer, left to right and top to bottom, as many frames as required. The following diagroms illustrate the method: Los imoges suivantes ont At* reproduitos svec Is plus grand soin. eompte tenu d* la condition ot do lo nottet* do I'OKomploiro film*, et en conformity avac lea conditions du eontrst do fiimogo. Loo OKomploires originoux dont lo couvertur* on popior est ImprimAo sent fllmte on commencant per lo premier plot et en torminont soit par la dernlAro pogo qui eomporto une empreinte d'Impreasion ou d'lllustrotion, soit per lo second plot, selon lo cos. Tous los autres aKomplaires originoux sent fllmAs en commencant par (a promiAro pogo qui eomporto une empreinte d'Impreasion ou d'iliustrotion et en forminant par la derni*re pogo qui eomporto une telle empreinte. Un doe symboies suivonts spporeltre sur la darnlAro imogo do cheque microfiche, selon le cat: le symbole -^^ signifie "A SUIVRE". le symbols ▼ signifie "FIN". Los cortos, plenches. toblooux. etc.. pouvont Atre flimte i des tsux do reduction diffAronts. Lorsque lo document est trop grend pour *tre roproduit en un soul ciich*. 11 est film* i pertir do I'engle supAriour gouche. do gauche * droits. ot do hout en bos, en prenant le nombre d'Imogos nAcossoiro. Los diogrommes suivonts lllustrent la mAthodo. 1 2 3 32 X 1 2 3 4 5 6 Attokney-Genhkal v. CiTV OF Toronto. AV Lease of Queen's Park and Avenues. . MEMO. BY THE CITY SOLICITOK. y.. tne iufornm,,,n of the Special flnin« the preseut position of the City and University authoritiHB : >■ i~«u o.i or I. March loth. 1827. By Royal { barter of this date. Kinij Oeor-e IV income. II. December 10th, 1828. D'Arey Boulton and wifo s.ll and convey to tlie saiH Corporation, for I'lSoO. the north half of Patk Lot 13. ^ ^ III. May K»th, 1829. Mary Elm.ley and John ElniBley conve- to the a'bov^ Car poration for i;ia.K,. the nort.i half of Park Lot No' 1,. and T chaiu Tn "-idi ' through the centre of Park Lots 9 and 10, for a road to Yonge fitreot IV. AuRUKt 13th, 182!,. The Hon. W. 1). Powell sells and conveys to the above .nix^rat.on in consideration of nm. t,.e north half of Park Lot 12 and :!;Sh:;^'v.:- -^•--<^^"«^- q-- Btre. ..rthw^d to t,.:':::.; V. August 18th. 182». Kiag'3 College to Hon. William D. Powell. THIS INDENTURE made the eifihteenth duy of August, in the year of our ' piid:::atdTh,''''';i;""'^"^'^"' ^^^''"^>-"^'- ^'^'-- ^^^^z 1 resident ai,d Scholars of King's College, in- the Provin.^» .f r-,.„„„ o..,.^.. : .n the Home Di.t.iot of tlio Province aforesaid, EHqiiire, of the other pnn MEMO. Whkukah, the Huid William Dmnmcr Towcll hath latoly hoM and corveyed unto thf Chttiicellor. TreHideiit und HclioUrii of Kiiix't* CKllepe afort'said tlw eastpr'y hiilf. iind thi< HoiioruMe John Ufverl.iy Hohinsi«n Imth also Hold mid convoyed iintn tlui suid C'l-.;\t'collor, I'rosidout und HoholiirH of Kiii;;'H to er.-ct four pitts at e.pial .ImtaucoH on the said sonth half of lot number twoive, and of freely uain- tiu- sani... without tli... lot, suit, hindianro, molestation, or dintur- banco of the naid Ch.meellor, I'msident lui.i Brholarn of Kind's Colle^-e aforeHaid I'V their HUcci s.^ois. unto tii.) said William Dummer Powell, bin heirs and usHiRns' being til.' owners or ocoupierB of the said land and preiniseH udjoinint' the Hnid way U.ward tiie west to the use of the said William J)umiu-r I'owxll bn theirs and assigns forever, in thn mo«t full an.l ami.le miinnor, and ll,.U all' an.l every the rH,'lits and prlvil.'i;es above mentioned, shall continue to and beenjo>ed bv the said William Dumnier Powell, bin heirs and aHsi^ns, notwithRtandin« the said ChancoUor, P.OBid,,.nt and Scholars of said ( oUo^e shall or may at any time hereafter discontinue the uhj of the said avciiuo or roiid. Provided always, nevertheless, and these presents are upon tho express con- dit.rn that the sai.l William Dunnner Powell, and all and every person and liersons usinfj the said way by virtue n.' this f^rant sliall not leave open any yates or wickets now set or creeled or hereafter to be set up or ere<:ted upon or across the said way by the .aid Chancellor, President and Scholars ui Kiik-'s CoUefje • but shall at all times shut and fusten the same as they shall be directed by the Hursar of tho said College, he, the said P.ursar i.rovidinK locks and keys for tha* purpose, which locks and keys the said niirs.tr mav from time to timg alter and ohaiise, Kivmtj to the said William Dununer Powell or ottier owners or occupiers of the said land and premises for tln^ time bein^ a fresh key or keys upon all such changes. In witness whereof tho said Chancellor, President and Scholars at York, in tho Province of Upper Canada, have to these presents affixed their common seal and the said William Dumnier Powell hath to these presents set hia hands and seal the day and year tirtt above written. (Bigned) GEORGE N. MARKLAND, Re^nstrar. K. C. :l.8.J (binned) WILLIAM DUMMER POWELL, By his Attorney, ^ . SAM'L P. JARVia. iL.s.] nigned, sealed and delivered in presence of us, (Signed) GEORGE P. RIDOUT. W. B. HEWARD. VI. December 2nd, 1829. The Hon. John Beverley Robinson conveys to King'. College, for .. •:27, 1 chain in width along the west side o! Park I,ot !1, exteadins; from Queen Street to Yonge Street Avenue. MH',^r(). vu. Docember 2nil, IWII, Kinun f>o!le; of Decrinb.-r. in i!ir ymu- of O'lr Lonl, one thonstind I'ii/bt linnilnfd ami twonty-iiinc, betwcin tlie C'liiuic»l!>>.', PrcBiiloiit and Scholars of Kinj/'H ('ollet;o, at York, in tlie P'-ovinoe of rpjor ('anad.'i. of the oiieimrt, luid llus H"nora1)lo Jolin lie verity KobinBon. of tho Town of York, in tlio Home l)istrict of tlie Province aforctaid, F^wjitirf, of the otli' r part. WiiriiK^s thf «iiid .rohii Ilpvprley HobinHon batii lately poM and convfycd nnto the sai'i C;lianci'llor, PriMJdont imi! ScholarB of Kin;,' y t'ollo';i> afornsuid tin- tasterly haif, and the Honorable William Dunitiicr Powell hat hnlRObold and conveyed nut') tbf said ('liani'cllor, Prchidciit and SciiolarH of Kin\.''H ('ollej;c aforonaid, tin' weatorly half of all that parct'l or tract of land, lyin-^ and l)ointJ in the Townsliip of York, in the Honu; Uimrict aforesaid, and hein^ cuniiioswl of tlie westerlv ojif chain in width of the south half nf Park l,ot nnniber eleven and the e.'sterly oco chain in width of the nouth half of Park J.ot number twelvi:, in the First Conoei ■ pion of the said Township of York: — eommencinj; in front of each lot on the north Hide of Lot Btrect, in the Town of York, and running' northerly fifty -one chains to land purchaaed by the said Chancellor, .'resident and Scholart-. of Kinn''' C(■>\\e^^c for a site for the haid CoUose, wliich said narrow pfirtion of land was jiurchased by the said C'haiii-ellor, President and Scholars of Kind's College for an avenue and entrance from the said Town of York to the site of the said intended CoUef^eto be planted on either side with ornamental trees and shrubs, leaving; a road in the centre for persons, horseR and cari'iages havin<4 occasion to pass and repass from the suid Town to the said (lolleae. And Whkhkas ii]>on the purchase of the said ^''''U'ld for the said avenue, it wr.s ■igree*! between th'j said parties that the said Chancellor, President and Sciiolars of Kin^'.'M Colle{;e should jjrant to each of them the said John Beverley Robinson and William Dununer Powell and to their heirs and assigns beinj" re^■pectiveIy occupiers of the residue of the said south halves of lots numbers eleven and twelve still rcraainint.' unsold and bein^ the property of the said Jolm Beverley Robinson and William Dnmmer Powell respectively, a ri>,;ht of way in, over and upon the said avenue with permission to erect four gates at eq:\a.\ distances (mi their own land adjoiuJUK the said avenue and to yjatis and repass through the said tjates to, from and into the said avenue arid to sucii part or parts of it as shall bo generally used by the said Chancellor, Preisident and Scholars of King's Colle^'o for horses, ctiits and carriaj^es or for foot passengers. Now rnriiKiouK, THIS INDKNTTRK WITNESSETTf, that in pursuance of the siiid agreement, and in consideration of the sum of five shillings by the said John Beverley Robinson to the said Chancellor, President, and Scholars of King's Collet'"', aforesaid in hand, paid at or before the sealing and ilelivery of these presents, (tlu; receipt whereof is hereby acknowledLjed). tliey the said Chancellor, President, and Scholars of Kin^^s College aforesaid have granted, barjiaincd, and 8old,aiidby these presents do grant, bargain, and sell unto the said John Peverlcy Robinson, his heirs and assigns forever, being owners and occupiers oi the southerly part of I*a.rk LiOt Xo, 1'2, now remaining uud beini! in tb.e ^^eisiii of tlvj ^aid Jolni Beverlev Robin^oM, a right of way and passaye for himself and themselves, his and their ATTOP.XFY-GKXKHAr. ;. TOHONTO farmen,an.< tenants ,K-c..,.io,>. .,, tl.i. «„,„. ,.re„M...s f„r the tin.c bei,,.- „„.I ih.-ir Ho.vant..workrm-n.nn.l visitor.. „„ I,,.,-,, h.wk «• .... fo,.t ''""";'- "'"'.^''''"■ «.««o... an,, .ei,.. .r ot.,.. ..uHes. i... .,... 1,. . t!^;::, ™'S pa.t of tiu, H.n.I Av.MUio oHliuHrilv uk,.,J aiul appro, riattd for l.nrH.roa t curr.,0-. wa««ons, sl...«h.. and other vchid... an.l'w., ., , o ^h or ^rt;';::" '"■ ■'"'>V""-^''- '''>-"«"^ -^ ^r that ,.„.•,.««, wthrm I her J of , n.TiMR, o«res,. an.l ro^ren. over the Han.o. to U, nse.l ,.. a whn fro m |vt.vo,..n th.. Town of Vork. to th. -nth.rly boui.UrVof vh ( ,nl .n^ l>e.n« compose.! of the rc«r halves of Park Lots \o, li 1> n| l' . . >" t.. .^.uhe ... ri.h. of wav, to,.ther with a,. «n '.•;;.;,«:"; r'n;,;';.';::::: ;: r Mm> at un> t nu. h.r,.«fter be nse.l an.l enjoy..,! by tho Chancellor I'rcHi.lent na o f 1 ":,"•"'"* '^' '"'""' ''""''"•'^'' "" »'- -1 «""''' '"'If of lot No 12 ^ nl ( Inmcellor I'reanlent, a,„l Scholars of Kin^s ColIeMo afore>a.,| or the r «u,..ceHHor«. unto the »ai,l John Itewrley I?ob,„son, his h.irs and Jsl.! Z, T V dsthe ea«t to the use of the su.d John Heverley llobn.Hon his heir„ Tj hS a'7"'\'""''" ,"'"' '""""* -"•''-—. and that all and v v .Uts and pnv,..,,s above mentioned shall eontmne u- and be unjoyed We ^1 John Hev.rley Ho.nn.o,. hin he.K and assigns, notwith.tandu «U n,a , e lor 1 ,v,.dent. and Hcholu-s of the said College shall or n.av at ant i ne I -'.fter discontinue the use cf the «a.d Avenue or road. I'ROVlDiil) ALWAVy, nevcrtheh-as. and theso nr.wont. are n,.on (1„. .,nr .h o.k,and oy. thesaid IJnrsar may fron. time to time alt.r and' ^^ .^I' M n«to the BH.d John neverl.y Kobh.sou, or other owners or occnpicrs o tin' s^^hu.ds and premises for the tune ben,,, a fre.h key or kcys^.r^iirLlli ot e ..it, amxeTtri '""' 1 ''""" '■""*'"'' '^"^'^ ^•*""^^^' ^^^'^ — - -' oe neuunto arti.\ed the day and year first above written. (Signed) GKOKGJ': H. MAUlvLAND. I(e','istrar, K.C. (Si«ned.) JOHN B. ROBINKON. Signed, sealed and delivered, (the wonla'. II n,„i n .. , of tlje sonth h..lf ,.» i> ^r : xr ? . *"'" ^^s't^-ly on« chain in width L =*"f '/'*^f «V'"''' ^"' ^^- ^ ''^^>"« ti"-"* ^'■itten between the 4th and 5ti> (Signed) GIIORGI': P. RIDOTTT. ("u. Charter further amcndeil by 18-1 1 Vic, chap, 49. XI. April 22nd, 1S5!J Charter again amended by IB Vic, chap. Hf«. Koo. 4(5. All property of former Ooriioration veatwl in I'le Cruwn and to be manat;ed by a Bursar appuintod under the Great Heal of the rruvinco. XII. Auiiust ItUh. 18.58. By Statnte 22 Vic chap. 110. the Hursar in authorized to loaBo to City of Toronto, for the purposes of u Public i'lirk for '.MI'J yearn, at a nominal rent, bo niuoh of the land vesteii in Her .MajcBty as may by By-law of Henate be uet apart for such purponos, not exceeding '>0 acres. (2). t4o lon^i as said lease remains in force, said land shall form )>art of the City of Toronto. XIII. No date given. By Statute of the University Henate, No. 37. reciting the above Htatute, it is enacted that — (1) " There shall be set apart for the purposes of a Park, as well for the Pro- fessors, itc, of the University of Toronto and University Collej^e, as of the public yeiieralty, the lands enclosed with a, red line on Plan hereunto annexed, contain- inti 41) acres, more or less. (4) " Those portions to whom tlie University shall lease or sell building lots frontint,' on \he Public Park, or on the Avenues, sluill have free access throuph the Park and Avenues at all limes. (D) •' Lease to contain proper covenants, conditions and provisos, and to be void in case City neglects to perform the same." XIV. Janutiry let, 18fV.>. Lease. David Buchan, (Bursar) to City of Toronto. THIS INDENTURE, made the first day of January, in the year of our Lord one thousand eight hundred and tifty nine, Uelweim D.tvn) Bt?CH\}i. of the City of Toronto, Escjuire, Bursar of the University and Collegts of Toronto, of the first part, and the Coiu'ou.vtign of the City of Toronto, of the »ocond part. ATTOUNKV rjKNKIlAL /. TOUONTO. itc 7 William m part of the reciting the ,nd to be void Senate ..f .h., n„.vo...., f. Hppn.pHa.o ....; •.; u!;.;!. fo^ U „' L^ luT,.:^'' an.lt<.n..l„...,.l.e«a„..,.,thin the linut. of th« C.tv ..f To..'. . T ^ : , tla P.,l,e. r,.,alat,onH ..f the sai.l City to th.- (...iv.r^.tv Lan.U a,lj„...nt thereto a..l therohy a t..rr..i,„., that ti,u ChanoHlnr. \....auu..lU,r J^^^^JX^l, tho H..nat.,. o th.. . n.ver.ty of Toronto. .leo.„o.l .t «x,.«.lic.nt, with a v„ u, t . .nt-roHt. of th.. Hui.i nniv^THlfy toHK a,mr. a -rrUu. ,,ort„. . of th. „ , r«,u,d in nor MaM.y.„„ ..half of thjai,, r....ay Jo:;;:.: .;,::; ^^ An 1 ha th.. C-on.ora..o„ of tlu r.,y of Toronto have ofTored to ,,ut i., orh r th- awl Pa.k. ,ak.. ,.har«o thereof, an.i kco,, th.. kh„u, in onlor, ,n .oLL "a . n t a the .an.e n.ay U appropriate! a. a I'obhc Park, to .hieh th., puhhc ..JiJ ml have fr.. aceeHH. And th,.t it wan for the .nterent of the aa.l I ni^ erl v hat such offer .honhl be accepte... an,, that snH. appro, tion .ho.l ul^a' ■' .one.l by I.e.wlat.ve enactn.ent. an.i that U wh« expe-lu-nt .ha, M.-h Park «1 o 1 for,. ,.rt of the C.iy of To, onto : an,l that th. oth-r lancln v-.t.-.i ... Her mI a,af«,e.a., . adjaoont to the l.'ity of Toronto. «ho..ld U- .uhje.t to th. P I™ ' P men,, y of lo.onto may .le,.,!.., at a non.,„al n-nt for a pori..d of ni,.e hnndre.l and n.ncay-n.no yearn, to the ( ;orpo. ation of the City of Ton.oU,, forth, p. " oh! o a Pa k. an w.P an fo, tho use of the l-n,f...Hor«. 8t..de,.tH. and other m^ 1 of the ....ver., y «s of the public generally, and f..r no otho. ,,urp.,«e what" "v^T .o ,nn,. of^„.e ,.„ vented ... Her Majesty an af.>resaid. nitua,! w ,hin^ t^l^^^ o the 1 .mt« ,.f tho Ha..l City. a« the «ai,l Chancellor. V,en chancellor and mm ber, of the Henate of the said Pnive,.sity. n.ay by Bv.Iaw. appro el by the .zriit ,::;,• '^' t' '•■■ ^"^" ""-"^''^«' ""^ ^^'^'^^^^ *'- -^^-^^ have l^u heretofore, or .na> he..eafte. he a«,c.ed up.... between then. " Z^s Solon,a.the«adlea«e .hall . .„ain in force, the land bo de.nined shal^ deemed ., be ..nd nhall k, tal. . . form a part of Ihe «ai.. City of To o . o a.^ thereH,.lne.,f ,,„ .k ho veHted i.. Jfer Maje«ty an af..resaid. adjacent t.le' Z to : i*; ; 1 i' ^ fr' '^^ :;'.;'"■ ''■"-" '"'■^'"^•'•^"" " ^"^ '"^'" ^''^>- -^ Toroni:. : to all Uv -lawH of the Hai.i City in that behalf.' Ami. W.iBhKAH. .n pursuance of the said Statute, an.l for the purpose of oarrvin.. ho Han, .,t., effect the Chancelh.r, Vic. Chancellor and n.en.W .f t ,0 R nit n iJy";:r'" f "• rr ""^ *--^y— >»" -''^V of September la«t pa«t. . u he Se> .r .1 !' ' ^'"•■'>-«^^»"- "' ^1'" words an.l fi,„re, follow., ,: •• By Canada, pa«Bed .n the twenty-secon.l year of Her .M.g...ty-8 reign, entitle.] an Act ^rte :;:;; ?: Tv 1 '•"■ ,^'"^''^"'^^" "' '^"-^"""^ '^ ■^^P-^''*"^ ceru.!. Lnd of Toronto, and to extend the Police re«,tlatio..8 of the said City t^vthe L'niveraity Lands adjacent thereto." >"verauy Ani. W„E„,,,. the Chancellor. Vice-Chancellor and me,nlK.rB of the Senate of Haid lTnive."«ii. ♦ ? cxpcdioni, wui. a v.ew to the interests of the mI ; r^r.r r "''"'* " "•-"'■"^'" i"'^**"" "' *^- '-'J »"W vested In H.r • MajeHt> 0.1 behalf of the said University, for the p«.poses of a Park MEMO. Axi' Whkiik»m, tliu .Mnyiir. Alflfrrncn Hii'i ('omiiintiitlty of the City of 'I'lronlo liAVi! DfTurcil to put ill iiriltpp tlic .-11111111 III order, in coiiNidrratioii tli'it ttn; xaiiic may l>u ii|>|i.ii|iriML'(l um k I'ublic Turk, to wliiuli thf< public Kvii«r«ll> itlittll Iihvo fri^v ucceiiii. A>ii> Wiii;iti A.-t, it \h fill the int('r<'i«t of the «»ii1 riiivMitiity, thit mich ofTor should b'' HPi <^|(ti>ropn>it<(iii hIi'miM bf Httnctiontd by LoKiolivtivM ciiftctnieiit. Am> VS'iikiikam, it Im rxiioiliuut tliHt HUcli pHrk should form purt of tlieutid City of ■J'orotitu, ami tbftt tim otlur lundx xcntcd in Her MajiHtv hh i\for.'unt to toe City of Toi-oiito, lilio'.ild ht- < iionitnul rent, for a poriofl of nine hundrtMl mid niiioty-niiio vcars, to th»< Mtiyor, Aldornicn mid (.onimonaity of ilio City of Toronto for tlw piirpoie of a I'urk, uh Wfll for the iMo of the VrofesHoia, Student-* find othir nii'inbors of tlifc riiivorsitv. !iM o| the public ,t excecdiiiji in the whole Hfty acroH, in trust, for the oaid piirpow.', and upon Huch tfirins and conditioiiH nn may have Ijoeii horetofort', or may htreaftcr be au''i'»-'d upon b, twecn them. And wiieiikah, after varioitH o^oiifiruuceM with tho Ccunuil of tlie iiaid city of Toronto, tho conditiiMifl upon which the demiiie aforettitid nliall be made liave been u.i,rcehall be Bet apart for the piirpohes of u I'ark, UM veil as for the u«e of the I'rofeHwoi'H. Students, and oilur iTienihcr« of the rniversity of 'rorouto and of the I'l.iversity College, iiiul of the public •generally, and for no other pu'rpoae what»!vcr. that part of the land iiforeyaid, laiil lUit upon or deHcribed iu tho plan hereunto annexed, that Ih to sivy, thosw j>.jrtions eni'losiii in a iwl line on said plan, 'iiiluihiin the Qwoen Street Avenue and the Yonj{e Mre< t Avi.nu'.t, with itn extiinsion to College Street, the whole containing Fo^ty-nine Acre«, more or less, but ^^nbJect nevertlielesH to the restrictions and coiulitiouH followinjj ; [•"iKsr. Thoi'e hIiuU be reserved iu and by the lease thereof, the Stone Ihiilding, with the (^rouiul immediately around it, aa laid down on the >iaid plan, and marked " reHcrved," such building; to be used by the Senate only for literary, sciontilic or academieiil piirpoBeH, but may be used for such oilier purjiOBea aw nuiy be uauatioueil by tho Clity Council, upon application of the Senate; and if the Henate resolve at any time to sell the buildiiif^, the City Council shall have the ri^ht of pre-cmj)ti( .1, upon condition that the same «hall be used for the above purjioses only, or may be used for nuch other purjfoseH as may be sanctioned by the Senate ujion application by the City Council; and in case the said building should be for any reason removed, or pulled down, or be sold to the City of Toronto, then the land*9o reserved shall be demised to the City as part of the I'ark, and su'bject to tlie same reatrictionB. ATTORNKY-(iKNKUAr. ,-. TOIlONTO. J» ity o( i'lir'inU) ki'cp t)n' y LeKioliitivt) liuMuid I'lty iif ki'l, udjtii'unt t') thf ituiil City y ileiniae »t i> , to th»» Mayor, f) of a I'urk, as Ul'- «•-*» -dius and ihirtv 1 n.'r H ■' '"' '"' "* *""«''"<^ *^ ^'^« ''^^t ""^ve two chains c li. Idi th. " ""■""' ""'*"'-' thirty-eight decrees of a circle of tL ha radtu .'t "ro?" ' ""'" "'"^ ''*^-^'=^-"" •^^^'-^^ "^ * circle of two chain ra i" • t onot^ o . I T"'" """ ^'«''*y-'^"" '^^^^ "^ ^ circle of two circle nf ,!, ; ""'^%"" * '^'^'^'•^''^ ^U've one hundred and forty de-rc-M of . 'ro, 1 r ^"""^ ^°"'' ''^^'^'"*' ^'•""^ t'^'^ '>'^«^«"-" l'"iit of the Universitv «rou„as ; hence .cr.sH Wollesl.y Street one chain to the place of be Jinn iH; i;;:!™;;:;: err-^;jr!::T"^'""^ Buiidin.aLithe ^r:::^^ «aid Plan a. h.oe.:.. bV .;:::d:lSwSr;i:: : ^"" ^^'^ ^"^^" "^°" ATTORN^.Y-r.ENEKAL v. TORONTO. 11 C;mmn,n„!, at a point on thesouth Hideof Welkaley Street, produced five chains westerly fr..m the eaBtern h^mit of tl,e TTnivwBity «roundH. Thence «outher)v paralle to th. «aul eaMtera linnit seven chains. Thence wenteriv parallel to Wellesley Street, two hundred and seventy links. Thence northerly parallel to the aforesaid eastern limit, seven chains. Thence easterly in a line the mo dnct.on of the south side of Wellesley Htreet, two hundred and seventy links to the place of beginning containing about one acre and eighty nine-hundredths of an acre. Ihe sa.d portion hereby demised is that parcel or tract of land planted w.th ornamental trees and roadway in the centre, and known as the Collet-e Avenue, measuring about five thousand Ave hundred links long and two chains 7lt' T t^^''"'^!"« ^••"'" Q"-^"" street northerly to the southern curved boundarv of the Park herein described, containing bv admeasurement eleven acres more oV less; also, the cross Avenue from Yonge .t, planted with ornamental tnosand a roadway measuring about five thousa.a links long, by one chain wide, and extending from Yonge Street westerly along the southern limit of the said Park and the University grounds to f.'ollege Street, containing about live acres be the same more or less, and which said pieces and parcels of land are also set forth and dehnea ed upon a certain plan intended to bo annexed to tlie said bv-laws, a copy wheieof subscribed by the said Bursar is hereunto annexed was designated by a red line, and ,n the plan hereunto annexed is marked bv a blue line Iogetfu.r wuh all and singular the rights, privileges, easeme'nts, advantage^ and appurtenances to the said i«.rcel of land belonging, or in anywise appertaining to, now lawfully used, holden, occupied or enjoyed. riainin. To HAVE AND TO Hou. th» said parcels of land and all and singular the premises hereby demise,!, or intended so to be. an-, every part thereof, with their and every of their appurtenances, unto the said Corporation of the City of Toronto in nnr'L^^'.r'"T'""'"''"^*'''"*"*^''"*y "^«"tioned aforesaid, and by and under the titles under which the same have become vested in the Crown for the ^ «s of the University, be conveyed and transferred for and during the term of ..me hundred and ninety-nine years, to be computed from the day of the date of a^denS! *'"""' ''^'''^^"''^ -»«"i»g. «^»d to be" fully complete tlie sad David buchan, as such Bursar, and his successors in office, the yearly rent of five shillings lawful money of Canada, if demanded, upon the first day o'f January in each and every year, free from all rates, taxes and imi^ositions what- soever, whether parliamentary, municipal, or otherwise, either now or hereafter to be rated, taxed and imposed upon the said parcel of land and premises hereby e sai^ n? " '"":,'.""f- *»'l-"^i-'=*t°tl- terms, restrictions and conditions in the said By-law, and in tliis Indenture, set forth. ANn the said Corporation of the City of Toronto do hereby covenant, promise and agree to and with the said David Buchan, as such Bursa', and his su ce^ in ofiice in manner following, that is to say : f.om time to time, and at all times during the continuance of the said tern, pay, or cause to be paid t<, the said David Buchan, as such Bursar, as afores i ' '! 12 MEMO. also, shall, and will ^ T^, t'r Hv n' 1 f"'"''''""' "'"''""^-^'- ' -"1- which now are. or which horca h J TTT ^ '''^'"""'^•"'^^7. or otlierwi.c.. -spectof ti.esaKlparco if , r: i iei;"'"" *^ ^?''^ *^"" '^^ P'^^'^^l^. i- i^r: ■;;;:; ;h:::::;;f::t.tri'°r ^^/-^^^ -^-^ ^--^ ^ '--^^ of Toronto sl,all surfer a .l™t,li.rr', ' "" ^'"''--'-» ^f the Cm- ->d enjoy that portion of t^.eZ^ de:*!;^ ° 'T' '"'^'' "^'^^ --l'>- •— Gardens." for that purpose ■ Zl ZT f T" " '''''''''"^ 1''"" " ^^"tani. -pense of the Uuiv rsitran, to |. o . . " ""''^ "'^ manHained at th. a.ul conditions as the Sen.'u , v ^ " "" ''"^'''•- '"''^'^' '^"^"' ^-triction. of the City of Toronto la " ^'"'l'^'- /^'"' «'-• 'Lat the said Corporation Toronto .hall un.l will at nJ t n, , 1 ' "* **'" '-"''I'^'-'^tion of the Citv o' Students, and o lo ; ^'^ .' "i "^^r ' ''''''''''''' ^'-""^ '^" ^'-- ProfeB... persons and their heirs Id a s'l " ^ ' "^--t^.^ -'i '^11 and every person or loase or sell Building I otsfron in " t "! vVT'' ''' "'^ ^^"'--''-V shall freo access through L l4^ v i U ^ " ^"^' ''' '" "''^ '^^•«»"'^«. *- '-ave City Of Toronto ^^^.l^^J^atX^Z^'at "u'r"'' ^'^^ "" '''''"'''^"'^ "^ *'- -'1 keep in a proper stUc o Zi 'th' r t "" "f^''"' ""'"^'^'"' "1^''"'^' Park, now erected or ^vhich nXemWre o l" ""'"'f' ^^'"^ ^'^"^ '^^'^""^'« <^-'^ and fences belon^in- to the si U 1 "'■'^"'"'^' *""'^"'«'- ^^''^' ti'- Kates '^fter erected, and Th , 1^ it dTd LI '"''■;'"'" ^'"^''^'' °^ *" ^^ '-- only the Avenues now laid out but al o '' '" ' ?'""""' '''''' "' ''^l"^'^- "°'^ -i'l Park ; and slnUl also .. i.^an t ir''''";"'\'" ''^"^^''•■'^- "'■"'^'^^^ ''^ ^l^'^ «aid Avenues and grounds or wl ic .v t' T'^'^''^^'-' "''' ^•^•"^^ "ow planted in -ia Park, and shall also ' rovioration shall 'aid down i.l th pla l" Itc : rf ' T""''""' '^" '""^'^^ ^"^•' '^Pl-oaches, as fences, «ates. and roads r c,u i^ " ! '/' ''" ""'^ ''''''' "^"^ -r'-^' t'-e lodges, ^o the pren,ises hereby do m^s d an « ," T' '""'* '"""""'"^ ^-'''^'^ -' ''«'""^^".V' road or ri,ht of way 'ac ^ he' ! d tr . t" V' ,''""' ''''^'' '^"'^ ^''^^ =^ produced across the P^.-k to he Ro.d t . v ' ''"' "^ ^^""^^'^y «t'<^«t' i'" West, to all the Pro ossor Studo.^ .. '"' ^''"^^^-^y ^"i'^lin^'B on the -1-ing the continuance o i^ c^ .is '^ ,,'"T? "'.'f '"' "'"• '^^ ^'' *'-- fulfil, and keep allthe stipulation ■;,'' *"" ^"'"'^""^'^ °'^-^^"-*'' I'^'f"'-"-. Which are by then, to ^^^^^^^ ;^:SZ"Zm:t"'''^r '" "'^ ^"^"^ ^^-'-^• His.ceessorsinoiuce.do^:^:;:i;:::r^^^ Coiporation of the Citv of Toronto tlmt if * = -—^ '^nret t... a^ri u-jth tnc Bai.i . Toronto that, if at any tune the Senate shall resolve ATTORNEY-GENEIUL r. TOIiOXTO. 18 to sell the said fJtoiio IJiiildin.' and flw. u,.; in .• , said building and Block B, reserved L af did , , '"^"'''' "' ''"^' '''■■' the Baid Park, or in case the said CorLTl ,' Z "' I"'''"' ''"'^ l'"'"''^! "f privilege of pre.en,Hion.trS: ;;;;1;::^r.:;7'''?f "^ ^^'^^^^'^ a way that the same may thereby be pulled down or b T "'^'"''"^ "^ '" IJursar do and Bhull execute to'thp «n i / '^"'••'moved, then that naid lease, to be prepared bv'Sfsai^? C w" "'"'^'"'"'r "' ''" ^'"^^' °^ '^'-•'-^^ -^ term to end at the same time with this prclt W and ' "T" n'"f •■'"■ "^ ditionH. reservationn, covenants and ,tinnl„7 ?' ,? '''"'" ''" ^'"" <"""- ..rem contained r..,..U.:t::^^::t:::\:::i^--^ — and thn,.. ::;rs:;.=o;l'^;;:t:::;:rr^-iT'rn^^ --'- °^ -« thataftertheten,porarvM,Bc of the sa dSfn « * '^ ''""'^*'' "^ ^"«^ ^-^i^' Fniversity. nheu the «an,e shall reU t to t le 'Td sI "'"'f ^«'^-^f^>'^^«'^'"m'^ntioned. and to sell the same, the sa;:!^!;!^? c^ ^L^^r^ f^H^i "'" "" ^^^°'^^ academical purposes ; but the same n.av be used or such oth.l ''' ''''"''"'^ "' sanctioned bv the City Council unon 'uZ 7 ? f "th" Purposes as n,ay bo the said Senate. And^incaT^iry £ tla Cit^r^^^^^^^^ sers of the said Buildin- under the urJi ' ^""""^ *'"-" l'"'"'^'"^' that case, the sa.d Le..:' :!''!: ^^HZl^C^^TT'^'r'^''' '''''' "' on the part of the said City, that L sa d BuHdin, sin 'be ! 1 ""l " " T"'"'"'^ Scientiflc or Acad.nica, purposes, or ^^0^:^^^:^^'^^'''^^''' sanction, upon application of the said City. "*'° '"^^ PiioviDEi) FURTHEH. and this Indenture is made nnnn fi ^ rnisunderstandn., shall exist between theTafdTL' TT"''- ""^' '' "'''' respect to the question what shall be cc^.tiZeJ prope!- Zl 'l T'l '"'■ ^''' Lodges xnentioned, aud the approaches to the Park'or Wemi v ' iT'" '^ fences belonging tliereto ■ also as to u),nt „ . 'J^ venues, v, a the gates and betakenof the Park and Atnu. the dr:L:r::r:r' " ''77 '='^^^' ^"^ or as to what may be considered to be sui a l' / ' , "'""^''^'^''tal «'-«»n'l^ from tin.e to time, eras to what may l^ eo^! , '"f' T "'^^ "^^^'^^ ''^^'"•^^^ with gas in the Park and Ave^s f^Luime to t "^ '""' """^••^"^'>' ''«^*«^ loase. In case the Senate and th^^airC ;. , rof\t HU ^'^'f"^^ " V"'" the same, then that all and every of the sa rmTttpv! ^ m u ?"°* "K-^^^ about time to time, as any case mav n..y the Bursar aforesaid, or his suc'cesso; remain unpaid, or. if ihe Corporation of the City of Toronto, shall not well' and truly observe, perform, fulfil and keep all and every the covenants, artides clauses, conditions, provisoes and agreements in these presents, expressed and contained on t.ieir part and behalf, to be observed, performed, fulfilled and kept according .o tho true intent and mcnning thereof, then and from thenceforth, in' either of the said cases, it shall and may be lawful to and for the said David Buchan, as such Bursar, or his successor, into and upon the. said demised pre- mises, or any part thereof, in the name of the whole, whollv to re-enter and the same to have again, retain, re-possess and enjoy, and the said, the Corporation of the City of Toronto, and all occupiers of the said premises thereout, and from' tlience utterly to e.^pel, put out. and remove, and that from and after such re-entrv niade, this present lease, and every clause, article and thing herein contained on .he essees- part and behalf from thenceforth, to be done, performed, and kept shall cease, determine, and be utterly void to all intents and purposes whatsoever anyt lung hereinbefore contained, to the contrary thereof, in anv wise uotwitli- standing. In witness whereof, the said David Buchan, as Bursar of the University, afore- said, has hereunto set his hand and seal of office, and the said Corporation of the ' Uty of loronto the Corporate seal of the said City, signed by David B Heed Esq., as Mayor of the said City. DAVID BUCHAN, Bitr.iar, Signed, sealed and dehvered] ^'" '^'^ in the presence of (" p g j^j, ^j, GEORGE BOOMER. ' ' ,,„^„, A. T. McCORD, Chamberlain. ATTORNEY-GEx\EIUL r. TORONTO. 15 XV. .i.U<,t propo^lML-cZl™: " '""' °" "'■' •'■'-• ■" '■"••'■• »■■<" ""• XVI. July 19th. 18H3. Agreement as to block paving Yonge Street Avenue. THIS INDKNTUllK n.ade this ninetoonth ch.y of ,7„lv Lord one thoimft.id eiylit hiuulre.l and eighty -three. in tlie year of bur as the " Queen's Park " w ^1 i' ^lescnbed and now popularly know., were, in P^^u-suanl t the p ve tlTl'^T' !!'' "-in approaches thereto, to the said City of Torol fTthe to nt T ^r'''" ^""-^ ''''-'''^' '^^"^-«' =U ti>e yearly rent of Fh'e S dlli 1 1 ?'"'' ''""'''''' ^""^ ninety -nine years, of January, in each a^^ev r ^S^ 'n 7'!"?^^ "' ^'''^"'^'^^' ^^ *"« *^'-' ^-v conditions therein conJled ' "^ '''* ^"^ '°^""''"*^ '>• *'>^ ^^^-^ -'^i And Whkrkas the lands so demised, including the YoncB «tr-, .a extension to College Street as herein»ftP.. ,, f V ,1" ^ ' '^'■"'"*' *'*'^ ^'« for the purposes of Tpa k Is we Ho th^l ^ f ''^"■''^^- --''-'i-"-d other Members of the Un vers tv o (wn. "V, f ^^^^^-^s. Students and Public generally, and fo;ri pu^Z t^^^^^^^^^^^^^ ^'«"^"-' ^ «^ ^"^^ Avenue, so as to tke U aVaHab le f rTrL^ If "^'"' "" ''^^^ ^°"«" «'-* the provisions of the said l^^Jt^^-Sl,!^^:^;'^- notwithstanding consent be given to the ^^ :^^^J^^:f^^Tr' '''' purposes hereinafter particularly set forth r,th«!v, ^ ^ *'^^* ^^^""'^ ^"•• pernutted in and Oy tL said ::c^eTlnd:l;;ut of lZ." " ''''^"*'" ^'^ *^^^ "^^^ ^:^r^f i;sr ■; tsrai^^sr rt"^"^-T'"— ^^ approved as aforesaid by the Sen2 ntfT^ *''"'" *"'* conditions so order in Council of J^^l:^^^!^^' 1'"''''''''^' 'T '' Affw.«mflnt'^"*hR-ai^ T I ^-j :. r "uvornor aiiected the execution of this ve«u7and Cois ' " ""' """"^'^^ ^•"'"^' '"^ »""- «' ^^e said Uni"- 11 i' ' 16 MEMO. Now iHEKKKonK T,ns In.kst.hk W.tnk.sseth th.U in co.mi.l.ration of tl,o prenu«OH Her Maje«ty. tl.e Queen, roprosento.l as aforosaid. for tl.o purposL of hH . .ne„ . doth Hubiect to the ,H,rfor.nance of the conditions Ewtcr ^eV " aeseribod in the said Lea. a. the Cro:t::^^^:^J-::^'XZ: ::S. ornan,ental tree« and a roadway n.easnrin, about Hvc tho„:and li, L' t't Umi of the Pa" • "/'If-^'^"'^!"^' ^-- ^«"«'- «*-' we«terly alon, the «ou^^r ^ ^ '^ ""'^ Univera.ty Kronnds to College Street, containing about five acres be the same more or less, such conditions being as foUows. that" s to say :~ 1. The said Yonge Street Avenue is to be block-paved with cedar blocks. . ■2. The width of the Avenue, viz.. sixty-six feet, to be sub-divided as follows :- Planked foot-way on north and south sides to be each 8 feet wide Spaces from foot-way to Curb on north* and sontl.' sides',' eicli ^^ ^^''' 3 feet From curb to rail of Street Eai'lway.'onno'ruVand^outh sides to be block-paved, each side 15 feet .jq .. Space reserved for Kailway ' ' ' 66 feet. X Trees now growing on the spaces between the footways so to be made as abova and he curbs are to remain ; other trees ar. to be planted at inte "als orfiftee , eet from each other-that spac. in which trees are to remain or belted is n" to be turfed, but to be clean rak^ !. l"antea ts not 4 Before the block pavement is laid, sower, gas. and water mains are to be put .n. with connections extending to the curbs, on the north and south sides a each occupied lot. and at all unoccupied lots belonging to the Univer"^ o to ih Crown for the University, throughout the whole length of the Avenue. Lrt^u'"^ ^"'i"^^' *" ^" '"*'* ''°'" *"'* ''"^^' *" '^' ™'>« '^"d between them and to be so constantly maintained ; the Railway is to conform to the provisions * of the Statute -.4 Vie. cap. 83. and the rails nsed in the construct on of the by trL;!.'" """"'' *^"' "'"" ''"^ '^'"*-^^ ^° ^ «"^^' - -« "^PP-ed iu The Corporation of the City of Toronto is to indemnify and save harmless the University and the Crown from and against any action, suit, claim, or demand which may be bioiight or made again.t them, or either of them, in re pect o any lllTZ """" ""*'°"^"' '^' "''^ '*«^^'^'"*'"* ^'V any tenant of tl e University under any covenant contained in any lease heretofore granted by the Crown or the University. »,»""reu uy tue 7. The City is to keep, or cause to "be kept, the sewer, gas and water services Z^aZ7' ""^""""^ *7?''' '"'^ '°''^*^^'' ^^ «°^ °''^«^* «»'^ '«P*'r. and to protect ..,„H t.ko gc^ care of trees, and to replace such as may die or be injured, provided ATTOIiNEY-GENEIlAL r. TORONTO. 17 always tha notlunR J.eroin contained shall prevent the adoption of any othe'r kmd o roadway .uKtoadof cedar block pavement, with the consent of the Renate when theclar block roadway -provided for by this axree.nent -shall have b'en worn out or unfit for use. H. The works fron. Colle«o Street to McCaul Street, including footpaths, curbing and block pav,n« are to bo conn-lctod by thu thirty-fir.t Decomb,.., 1..:, and tl o whole of the rema.nder thereof, including plant.ug. fro:n ^IcCaul to Yon.;e St re to bo completed by the thirty-ftrst day of December, I88i. L"^^■', "^ *''V""'''v";" °' *'"■" agreement bo not fulfilled to the satisfaction of the Senate, or ,1 any ddforenee or dispute shall arise either u. to the state of tlu works and .mprovements by this agreement undertaken t. be made bv the said Corporation as such works are co-istructed, or w.th respect to the repairs thereof or wuh respect to the caro of the Avenue and trees, or w.th re.pect to any matt/; or thi„g m cormection with this agreement, then the Senate shall Lave the viZ from t.me to t.me to refer any such diiTerence or dispute to the i).par me t , Pubhc Works for Ontario, and the said Department \hall have fu 1,0^1 authonty forthw.th to detern.ine the same, and the said Corpora Ion si' m.nedm ely carry out in all respects the directions of the said Departmen Pubhc Works as to such matters, and charge the said Corporation wi h "cos of so do.ng wh.ch c .ts tho said Corporation hereby undertakes to pay. ancTl e same may b. recovered in any court of competent jurisdiction. au'th^rilitT T *'-'"'T ^r'^^ '^'""'"^ '" ^'" ^'*y '« ^"'- the purpose only of aithor,;.mg the laying of the Street Railway upon Yonge Street Avenue and o gwrng free access to that Avenue from the streets now or^nn.g in ot a d n' er sthis concession nor ,s anything in these conditions to be construed as hav , 01 as be ng intended to have, greater effect, or as altering or waiving any term o the existmg lease further than necessary for those purposes. And the said Corporation of the City of Toronto hereby covenants, promises and agrees to and with Her Majesty and with the said John Edward Berkeley SnS .^l!:::;;!! *'" ''"'^"^'-^ "''' "''"''^"^^' ^^^^ ^'^ ^— -- - office -rmanner TuAT they, the said Corporation of the City of Toronto, shall and will from .me to time, and at all times hereinafter well and faithfullv observe per form.fUfj and keep all the conditions and provisions and stipulations herei, before contained ^d m -red one lo ten inclusive) which are by turn to be observed, performed, fulfilled and kept, and also all covenants, provisoes Tnd oa dUions 11. the said recited lease of the first day of January. AD. 185! . f om t,"e Bursar of the University and Colleges to the said city. Provided ai.wavh. and these presents are upon the express condition that if the S^eiL^d b thTsIi^'ct '''1 T"''' ^•^- ''''' ^''""^ '^' -y "i- Leo!. forfeited by the said City under the provisions therein contained, and the Crown" themth n """?' ""■ '" ' f ''''■ "' '^"" P'-«»"'^'y -I"---* them or either o tZ '•^-t"*«'-."P°» the lands so demised, then this agreement shall tl.cle forth cease, determine and be utterly void to all intents and purposes whatsoe'er. LvwiTNKSH wuKiu^oP th« «aid John Edward Berkeley Smith as Bursar aforesaid has hereunto set his hand and affixed the seal of his office, and the lid Strof I It 18 MEMO. Toronto has affixed the Corporation Seal of the Baid Corporation and the hand of the Mayor thereof the day and year Hrst above written. Signed, sealed and delivered in presti.co of G. A. STIMSON. (Signed) J. K. UERKKI EY SMITH, Ilursar. [SeaJ.] (Signed) A. II. DOHWELI., Mayor. LSeal.,' SAM. D. IIAUMAN, Treasnror and Keeper of the City Seal. XVII. There is also a draft A-reonient in the po.sossina of the City Clerk relative to the openi.,;^ of the " Quee.,'« Park Drive,- but it has never been settled or exeeuted Hud a suit IS now pending' by the University aj,'ainst the City to restrain further operations in rc^'nrd to this Drive. For the information of the Committee I be^- also to submit the followin- copies of mnuitea and correspondence. « i* "» XVIII. Jive 4th, 1883. hiu:-WK are instructed by the University authorities to call attention to the use made of the Queen's Park for lacrosse and ball playing, and to suggest the necessity for the f^ity taking steps to prevent this. Under the lease to the Citv the lark is exj.ressly declared to be for the purposes of a Park and for no other purpose whatever. Th. lacrosse and ball playinj. is carried on to such an extent that it ih often quite impossible to walk or sit with any comfort in the upper por .on of the Park, while the playing has not unfrequently been accompaniec> witli much noise and offensive and profane language. Wk are also instructed to take immediate proceedings against the City to compel fulhlment of the provisions of the lease from the University requiring the City to maintain and keep up the fences on the Avenues. The Bursar has repeatedly called attontion to this matter, especially of late, in connection with the removal of the fence from the old Cricket Ground, and the opening of a gate from the Yonge Street Avenue furnishing access to the side entrance to a saloon or tavern; The obligation of the City seems clear beyond question, yet not the slightest attention has been paid to the frequent remonstrances on this subject. iheUmversityJeelingtheuselessnessof further correspondence, has placed the matter in our hands and we have to notify you that proceedings will at once be t'llKCll, Yours truly, ,„ , . , MACDONALD, DAVIDSON & PATERSON. The City Clerk of the City of Toronto, at,) Hall. (The foregoing letter was laid befofe the Property Committee, on June 20th, 1883 but no action seems to have been taken thereon.) ATTORNEY-GENERAL r. TORONTO. .nd the hand of ^MITJI, [Seal.] LSeal.j 10 Citv Heal. "k relative to id or executed, strain further lowiuL copies i 4th, 1883. sntiou to tlie ) suggest the I to tlie City, : and for no 311 to such an ; in the upper ftccompauiect tlie City to requiring the Bursar hus tion with the t a gate from a saloon or yet not the this subject. B placed tile II at once be 19 XIX. lie KBNCES ON YONOE STBKKT AVENUK. ' •/. /v. nerkehy Smith, /;.,/.. Snncoe Str^.t, City .■ ' ^'''''^ ^^^^' ^««^- Street .Vvenue v ^r e cob ^rr""" ''^ ^ """"•''' ^«"«'"« *"« ^on^e their property, or h^ J^^ :« ^ un^ S^nv U " '""'^ "^ '"'"'^^ ^" '^-'^ Court, lie Huvs this will L 1 ! ^ "y.Jaw ftgivmst them in the Police to adv.e n>e To thi; efflct "" "' """' "'" ^"'"'^^^^ "" -*-"'"« *"'- ofli:: Yours truly, W. MACDONALD. XX. "'. 0'. McWilliam^. K.^q., City Solicitor, Toronto: 4th Septembbh, 1883, ii"ir.rea"" "" °"'" """ "" •' ""«• ""■■<"- •<> "y 'b. cit,. . .„., „,„ Yours truly, MACDONALD, DAVIDSON A PATERSON. XXI. >r. G. MclVilUams, Esq., City Solicitor, etc. '^"""''"' ^'""- ''"'■ ^««^- Dear Sir,— When the matter of the agreement as tt^ Tnlln™ a you personally assured me that th« f<,>„ ^^ f , ^° '^''®""® '^*« °» 'oot where they have been tXn dow^, "^ T ''"""' "''"^ *° '"^^^ '^"''^^ P»* "^P made. Nothing wflver has lein / '"■' """^"thori^ed openings have been «iven me, there sems „ot mLhT .' T ""^^'^^standing the assurance extreme curse Of rnra^rtaL^r °' '^"'''"'^' '^'"« '^«"^- ""'^ «- Yours truly, !l ! W. MACDONALD. PERSON. > 20th, 1883, XXII. Jte TONOE BTEHET AVENUE. _ ^ Toronto, Sept. 25th, 1883 ao ^[EM(). the particular portbiw of th,- foiicit.^'. lui.l the pivnirul.ir o|UMun.,M .Mferred to ,i« beiii^' objectionable. Whtu I «,a hu answer [ \\il! forward Hiime to you. YoufH truly, 77'c Vhnirtnan Property Commillef, Toronto. \V. (;. M. WILLIAMS. Tho two fort'winM letters wore laid before the Property IV.n.inittce on Oct lOtl- 1W3, (900 jMinute No. •i'JIl,) but no action seems to have been taken thereon. xxrii. A rim, 24th, 1884. '/. Mclf'illiaui.i, Kx,/., CHi/ Solicitor I'orvuto : Dkar 8iu.-Tho Bursar of the Univorsity has instructed us to call the City's attention to f,o condition of the fences on the Yohko Street and College Avenues and parti<-ul,.rly now to the fence on tho west Hide of tlio Avenue (Colle«e) an.l adjoining ou Yonge Street. Portions of it are down, exponinK to view a very .lirtv lane and a «ood deal of tilth, Also another to the cast of houses on the corner of the YouRe Street Avenue and McCaul titreot, which is also an eyesore and exposes to view a quantity of filth. We are instructed tohavethis attended to immediately, so vou will please advis,- your proper oflicer to attend to it. ' Yours truly, MACJ)ONALD, DAVIDSON A- PATEKSON. XXIV. lie UNIVKBSITY AVENUE. TonoNTO, April 2oth, 1884. Deau Sin,— Enclosed herewith you will find a letter from the Solicitors from tho University of Toronto, asking that certain fences may be repaired. Tliere is no doubt about the liabilty of the City either to repair or cause the parties who own the fences to repair same ; and I beg to recommend that the same be done withou: delay. Yours truly, W. G. McWJLLIAMS. ■Jolin Irwin, Esq., Chainnun rroperhj Committee. XXV. 3.> Avenue Sibeet, Toronto, 20th March, 1884. J. E. Berkeley Smith, FUq., Bursar, Vniversity : Sir,— I desire to call attention to the condition of the fence between Avenue Street and the College Avenue. It was broken down in several places during the past year, and people are beginning to cross into it in cabs, waggons, etc. I should be ATTOHNKY-dKNERAL v. TOUONTO. I'ftrred to nil you. I on Oct lOtli, liereon. 24tli, 1884. ill tlie City's ejje Avenues. (ColIt'Hi;) ami V a veiy ilirt.\ the corner of ! and exposes please advise 21 rro>:ta«.. to t,.e prenont proprietors a'nd have t .1 J „«: ,. '^^'Z^ '': for a uniform fence ulon« tl.o Avenue. "rranfio with the UniverHity Youra obediently, F. OSLEIJ. XXVI. )'■■ '/. MclVUIuun., E.J., Ci„j SolMlor, Tor,.,,,. ■ ^°"°''"'' ""' ^'"y* '"^l* J. K. BERKELEY SMITH, Jlursar. These letters were read in Property Committee on May 7th 1884 .„ i . * Park Suiwrintondont, May 10th. 1881. ^ ' " ' "*"'* *" m TERSON. !5th, 188-1. rs from the Tliero is no ies who own ionewithou".. LiLIAMS. rch, 1884. enue Street n^ the past I should be xxvir. It'' tNIVi;r.sITY AVEJTDES. ■'■■'■• >Mnm„.. ,.:.,,. a,.j .s„„w,„. ,■,„„,„ • "" *"■ '""'• .ntontion to have the matter attended to forthwith. ''"^ ' Yours truly, MACDONALD. DAVIDSON & P.VTERSON. XXVIII. lie rXIVERSITY AVENUE FK.NCES. Toronto, 27th May, 1884. wrirsTr".;::;^^'*'! forwarded yours of the 2(5th instant to the CityEnsineer ^ith mstructions to have the parties nnfifioH ♦« ^.,* t ■ ^'^ -^"K^'eei delay. pir"ts notihod to put fences in order without Yours, etc., To Messrs. MardomUl, DavuUon .f Paterson. " ""' ''^'■■'^' '^^^^^^^ JJarrinters, Turoiitu. 2S ^^E^^o. XXIX. Mr. AM., Mm Irwin, Chairman Committee on I'mperly. Jui.v lath, 18H4. YoiiM renj)ectfiilly, E. COATSWOIITII, CommnBion,,- „/ Workn und Uentth, XXX. He UNIVKHHITY Isi) V.>ND.-Macdonald. Davidson .t Paterson. Solicitors for the Universitv mflT;; :n;'":r"T .ne-lemandin^ that the City .hall fence o,!,!:*^ ll he .;.'"? >":'y«'f^' ^'f ^'-y'-- -tified you that you mu«t Lavelho r? ^ :; 7 '?.," '''"'"• ^'''^'^'° ^''^ *'>'^'" '"'^' •^"ve trouble. They Lave the n«.it t,, der,.,.ud that the City keep up the fences. ^ Yours truly, »'. £/. Ilowlaud, Enq., Church Street. Queen City Uuilding*. W. G. McWILLlAMS. ATTOllNKY-dKNEliAI. r. TortONTO. 2S n\i, 1HH4. tlio City, uMil Oil feiiocH on illcalth, xxxu. He VO.VliK STKKKT AVBNUK. ,, ToiicNT,,, 4t!i Jiih, 1MH4. 1)SAK arR.~,noloHod you Will fi.ul lottor« from th« Koli.itnrs for the rmvemtv denn,.,UM« that certaiu fonoo. b. ,.,t up. , have writtn. S.u„Ic. ,on . , W H naw),u..l \u. hn,l lK>ttc.r notify tluMu to put up tl.e feu.os unlus. I h. v c".' unau,o -^ul. ti.u HolioitorH for tlu, i;niven,ity. AI*. uotify Il.„th ^ "^'ours truly, Coat,„orn,. Conmiuion.r. ^^' ''" '^'^WH-Ll AMS. IJrd, l^M, UROH OH till) ' lio p rented h coiulitiuns now refuHfs lie at ouco iHiu at uiicQ I'o inu^U ask we aif in- 8 from tJu' closcil. EIISON. ily, iSHi. University losito some iilt! of tile you must Avenue or )le. Thoy .TAM8. xxxni. '''"'WNTo, SrptonilMr Uni), IH.^I . O. Mrn ,lli>im>i, h:„j , (',/„ Soli,-!l(,r, Toronto. !,f;? '^"'' 7^^" ""^'""^ y"" ''"'•"^^'"» " "•'t »f Pl^coB on Youfio Htreot Avenue r. ,u.r . « fences to bo erocted. Ti.o University were willin, to allow tl.o fences i^ ,11^ > aoe« to remain down, uix.n tl,e ow .ers ont.rin, into an a^reen, Uu t l" .>t^.ey would ,..U., .f u^, „„.,,^,, ,, ,.,^ „^^^ ^ .^,^^^^ ^^^^^^^^ ^^ ^^-^ .U« >l.. *.. W. 1 o,, , there w.ll bo no .l.hvy in c.ttondin^ to this. If tl„. Uilv Cormnis H^oner would soothe owners, and «ivo them clearly to uud. .stand tit f^ La. to «o up, or thoy arc to ent.r into tho agreement aonired by the University ^'autoll""'""'" " ""• ' "" '" '"' """^ '^'^ '^'''''^^' ''y — ' °^ ">'*-'"« i' Yours trulv. MACDONATJ), DAVIDSON & PATERSON. fml'IivlT"' "" JT'" !'""''' "•■ ''"""^" ^^""'^' ^''^'•° ^"°<^'-- "- "quired to be inmiediately I'l ■ oted and of opeiiin{.'s u. be closed. SOUTH SlIiK. r/(( , ;/((/(? must hi' vloied. ("2) Fence liefore iiremi s dirertlv cnuf f,f t-i.. t> ■ . , Those ou the corner of McCaul Street arc said to be owned by one Mr. Glinc (5) Fence before old cricket ground. Attention has been called to this ropo.^edly. i 'i: 24 MEMO. NORTH MRE. (.5) Fence before vacant lot north-west corner of Avenue and Elizabeth Streets (7) Fence before ZionClinnh. (8) Fence before premises directly west of Ziou Church. Miss Larkins. MACDONALD. DAVIDSON & PATEliSON Dated at Toronto. Sept. 19th, 18S4. ""'""" ''"" "' '"'"''"'^ "' ''"""""'■ XXXIV. lie YOXOE STUEKT AVEM-B. TonoNTo, 24th September, 1884 D.AR Sin.-Enc!o.ed I send you herewith letters and momo. of properties front m, on the Yongo Street Avenuo from Me.sr., Macdonald. David onTl^uZ" hed th.U hey mt.st arrange w.th the ITnivei«ity if thc^ want their pr.mi.es to open on the Avenue, You will rcmen.ber that Mr. ciu-istophor Ro Lson ha! «u-on an op.nu.n as to the rights of the University Senate to rnZl tl se Avenues and demand that the tern.^ of the Lea.e to the Citv be con ph^d w tl as regards fencmg and other matters. " corapata w itli Yours truly, John Inch,. hU,,., Chainnnn Property Committee. ^^'' ^" ^IcWILLtAMS. XXXV. Re AVENKKS—yUKKN AND YO.WU.:, T. ^ ., ToiiONTo, September 2r.tb, 1884. i^rthrir '"7? ''" '?" ''"'"^^- '■■"" ^*'^*^^ ^'-t "--• -- otl,er onenin... nto the Queen and Yon^.^e Street Avenue, which will ro,,ui,.e to b-^ clos;d A^ tZmlTTV' ^"^^''••'"-•'>' C«"->"- '-f'-e whpri the matter 1 come ri::;s-^s^;--=^ Yours truly, Ms.... ^4 , ,, r. W. G. McAVILLIAMS. - Mems. Macdonald, Davidson db Patenon, Darrhters. Toronto. XXXVI. The Chairman Prop^'rtu Committee, City IMl. Tokonto, October -."(th, 1S84. CirfoJtWil't'r'"'";"':'' ^"" '''-'' "^ ^^^^^^^^^ '--".n.a wnt ..ain.t the Uty forthwith to compel observanoos of the covenants in t!:- Lease from tlu^ ^ rm^ii^lJ^Tt^r^":^ "°"' ""^ '"° "^ ""' -^-"'- ^Ve 're^l ^ w7havrno „l! "•'' *'"\'"f "''•• ''"''"K^'l. -"^d, as our instructions are iK^remptory we have no alternative but to issue a writ, which we shall do forthwith. Yours tnilv, MACDONALD, DAVIDSON & PATERSON. .\ ATTOKNfiY-GENERAL v. TORONTO. 25 ,beth Streets. rkins. 'ATEllSON. •nili/ of Toronto, iber, 1884. operties f ront- n & Pateraon, ilu.iild be noti- r premises to Robinson has control tlit'so ioniplied with XXXVII. Re YONOK STllKKT (U,LI,EOE AVENnK. TonoNTO, December 10th, UM. Deab Sin.-I am in i-occipt of yours, threatoninj- suit. I w:,uM liko vou to write .tat.„« aehmtely the several causes of c nnpU^.t so that I n.ay b. ail" to pK u he su,„o before the Property Con.nitt.e at their next meeting v^hich w b ator to the Mayor b.foro Monday next «tatinji the several alle^.d broaclie. of the oaso ana agreement. H. will pla.3 the n.uter b.for. the Council, and then the e can be no trouble witl,out havi«^< the matter considered Yours truly. Willi'iht Mac(lo7t,ih;, AV'i/. .Vijwrji K'jrr, Miittioituld ,{• W. G. McWILLIAMS. Co., Tdrmilo. f\ ;.'■. jLIAMS. or 2r.th, 1884. iher openings } .closed. As :er will come, .itl) a memo, m should be setinf,' of the LLIAMS. h, 1884. !i;jainst the ie from the e exfiausted )ertMnptory, h. R30N. XX.WUI. , ,,,„.„ Toronto, January 20th, 188(j. ■ ''. M.'.l Uluims, /•.V7,, c'(Vv Solicilor, Turoiiio : l>i.-.Ui Si.,-.ln reply to your last communication as to ihe Von«e Street and ColWe e Con nntk.0 Ihe matier has been called to the aftontion of the City officials tune and aga.n, buL without avail, and we are instructed to conunonce procelSmKl: Yoias tiuly, ki:er, MACDONALD, DAVIDSO.N' a paterson. XXXTX. il(l»YO.SOK STliKKT AVKNUIO. To'.iONTO, S.'jth .January, 1H3G. I'Z.r' ~f "'^''^'"I ^"" "'^' «'"' ^ ''^"-^ ^rom the Solicitors of the ITniversity of for tl elrt J ^^■'t;.'"'''' *"'? ""^^ threntenin, suit, and i wrote then, askin, Senlt or 77' '•'^'''""'"'-^^ '^W'ointod to consider the matter and ,neet the senate or their SoUcitors. Yours truly, Juhii Irwin, l-:g(i,, Chi W. a. McWILLIAMS. I. «'/., thaimin I'l-opi-rtij Committee. 2G MEMO. XL. MiNi-rn Nt). li, CoMMirrEu on Puopeutv. Passed, January 2-,tli, 1880. A cmn.nunication from the City Solicitor su-cstins the appointment of a Sub- Corn.nit toe to wait upon the University authorities %vith a view of settlin.. various matters of differonce between the City and tlie fli.iversity, was road. !i"o7fr," "^"^'i ""'"•''^ '' """ ^^"■'"'■'"'-'rhat a Snb-Comnnttee. consi... in, of Ahenneu Bonstea.]. Defoe. Hastings and the Chairnmn, bo appointed to onfor w.th the Senate of the (Tniversity of Toronto in reference to the! Ln^ovid of thewtesa the north end of the Park, and to report to this Connnitt.e the cc^t having tliat portion of the Drive put iu repair, and to confer witi, tlie Seimto on ^ith the Queen s Park ; also to wait upon the Commissioner of Public Works for Ontano ,n reference to that portion of the Queen's Park that ha« been set apart for the new Parliament Buildiii-s. ^ XLI. i!f qukens i'aiik axi> avknvks. attoiln-ev-(;k.\e;;ai. v. touoxto. ToiioN-To, Mareli u'llrd, 18>i(i. Deah 8i« -Herewith enclosed you wUl fn.d the St.n,tement of Claim in the abov. ac ion. It IS substantially an a.-Uon, as you will «ee by the claim, to compel the City to carry out the provisions of the Leas., and the .,;reenient made wUh thJ Senate for the maintenance of the Avenue, „.. An'n.es. As I understand the matter, a number of parties have bou^d.t property adjoinii,. the -Vvenues and av.' •opening their lots on the Avenues, treating them as if tlu^w.re onw/uW 1 .hways, and ,,nonn., the University authorities in the matter. A great rnav hr.^ening letters have been written by the Solicitor for the Unive^itv du^ ^ thisTt T ",■"'""• ''"' ""'^'"""-' ''-i"«l-i.l no attention t'. then.: Pr n. . r 7'" ^""""" "-J- I --1'^ -^^s:-t. that a snb-committee of th P 01 eity Comnmtee be a,,pointed to meet the Conunittee of the Senate, and « ■,■ what arra,,,.,aent can be effected. Thete is in the Lease, dated 1st Jaauar;. the City and the Senate as to what is proper care and maintenance and prop.r ^epair. may be sett .1 by two arbitrators, one to be chosen by the (.hance lor' Vice.Cbance lor, and one by the Mayor. I enclose copv of Lea.e. and also the agreemon of l-Jth July. 188:Mmder which Street lUUway track is laid down le laps tbo shortest way out of the difficulty would be to invoke the intervention of the Department of Public Works as provided in the agreement. Yours tridy. The Chairmav Prnperty CommUtee. W.G. M.WILLLVMS. ATTOUNEY-GEXEHAL v. TORONTO. 27 l€ XLII. In thk Hi„„ CouTtT of Jusnci^-Q.^KEN-'s Henci. Division. Between Her Majesty's Attoruey-Goueral for the Provin.-e uf Ontario, on ihe infnr- CoUegeB at Toronto, • • "" ' Infiirmant. Tlie Corporation of the City of Toronto, STATEMENT OF CLAIM. hi'feuiU'.ntn. 1. The lands an,l jn-onusos .itnate in: the City of Toronto, hereinafter desc-,-ibe,l aiid popnlarly known as the Queen'. Park. Collo,e Avenue and Yon-o S te Aj^u.e, were purchased by the University of King's Collo.e in or ahou^Jh'"::; 2. The said lands subsequently by virtue of certain Acts of Parliament becanu- and now are vested in the Crown in trust for the University of Toronto. :!. Cinder and by virtue of a certain In.lenture of Lease date.i ,he 1st .lav of a^dTn !f- """'^^" ''"'' B-.han. the then Uursur of the Ih i C li v and Colleges at Toronto of the first part, and the Corporation of the Ci u' dirdln .! 1 r"""''* authority to him «iven as recited n, the said Lease Sin.': ;. T ""''^"" «*-^ ^-•'--^-" "f the City of Toronto. All and ^a,f,^da, those eerta.n p.eces or parcels of land situat-. Iv.u.rand bein- witluM ti.e hnutsof the City of Toronto, known a. the (,.ueens ]-ark and th "avv • or a^.roaches thereto beh.. the Queen street or College Avlnu a, 1^^: ^^ cet Avenue, w,tl, Us extension to College street, said . avk and Avenues be ,; art cu larly descnbed in the said Leas, and containing about tiftv acres to l.ve and to hold the saul parcels of land for and durn,. the tern, therein n.ent'ioJd mlZZ''] ^7"T r"^*-'"' l""-^"'"-«"f '"'<• -tbjecttothe tern.sand con- wlid.l !; . ": '" '"""'' ''^ ''''' senate of the Universitv of Toronto, H Inch IJydaw is recited in and forms a part of said Lease. suancro! 'j.n'" ""' "!'"',"' " " ''''"''''' *^'^* ""' '^"^^ '^ ^<^ '^-"--^ - l- • Zised or n ' 'I ""' '''' '''"'' l^-einbefore mentioned should bo slZ T . P-'n'osesof a Park, and for no other j.urpose whatsoever and I d th 1 T rf " '""' '"• '"° ^^^'•' l""-l^"-- '""' *'- -''1 '-"!« — a e and tor no other purpose whatever. nprilSh tr""/7*'r ?""• ''' '"^^'*"' "' *'■« -i^l Rylaw as a condition o° d • "' ""^' '''""'^^ "^^ ^'''""-^ ''^ '^f^'^-'^'J. tl>at the Univereiiv ot^^er way aB the Senate of the University and the defendant, might agr,e 1 V I 28 MKMO. 7. The said parties f„rtl,or a«reo,l as recited in the Baid By-law as a conditin,, that the rc,ad« and orna.nc.tal sronnds within t),c nuhhc Pu-k tho t,? nected with the Park, and the approaches tl.oret^'tt pp; a^, ^ ATonr; w.th the «ates and fc„ce« b.l„n,.,., thereto, should be put'in "pah and 1 ep ,' all necosyary repair by the defendants. ^ ^^ "' H. In and by the said Lease, n.ade in pnrsnance of the said By-law. the defon dants co^ona..ted that they w«nld put in repair, and at all times theL t^- « I ' t.nn. uphold and ko.p in a proper state of repair, the lodges connected Stht J Avenues and I ark then erected, or which u,i,ht require thereaf c be i " together with the gates and fences b-longiuK' to the said Avenues and Park either then erected, or to be erected thereafter ; and would also Id anil ke' m a thorough state of repair i'.o said fences, and would preserve and 1 epTn ulZ P !•■ ^ 'V'-"V^" ^T'- "'■ '^"^-^^^- *" ''^ Wlauted.Sn the said Av nu" a a and wou d prov.de that proper care should be taken of said ,a-ounds tre s ha.ldmgs. and fences aurrounliu,^' tl,. said Park and Avenues. !'. The defendants covenanted, in #nd bv the said Indenture I ea^^ .l,„f ,u ;v..ld at an tin.es during the continuanc; of the den.isl.l'^^f ^^e ^l^d fa thiulJy observe, perform, fuim, and keep all the stipulations and I rJen en 10 It is provided in and by the said By-law and also in and bv the said lea.e that in the event of the said Corporation of the City of Toronto n^t t performing or fuhiUin, the stipulations, covenant If o^'^,:!::^';;:^ ^^VKI Bylaw and lease contained that it shouhl be lawful for he "l Da 1 Kuchan as such Bursaror his .nccessors into and upon the said de L" premis ' o ar.y part t ercof Jin the nai.e of the whole wholly to re-enter. a.S ^^"^ Have ayam retain, re-pojisss a.id enjoy. 1.1. The said Corporation of the City of Toronto have used and are using the said hinds so dennsed f..r other purposes than a Park, and said Avenues : be ^ u. by the defendai.ts as public streets ; and the defendants have removed or permiUe ;: t =::l "h t:^:-^""""'^ ^" -'' '--' '- -^ -us^^^rm;! 12. Access is being hdd by the defendants to said Park at places other than tb. UKreed upon between the Senate of the University and the dZdailrs. 13. The roads and ornamental ground.s within the public Parks and the In.l.,„ connected with the same, and the approaches or A'tenuestht to j^^^^^ and fences belonging thereto, have not been kept in rep.ir by the def^^Ill^s U The said defendants have not provided for proper care bain« taken of ti,. >^d^^c.uids. trees, bmldm.s and fences surrouildin, the .^atZ^fZ iei;L::l;;t;Jf*^ '^^^ -" ''''''-' ''- ^%»'«tionsof thosaidBy-Iaw ATT0I{NI3Y-GENERAL r. TORONTO. 20 iw, as a condition k, the J<)(lt;eH con- aclies or Avenius. spair, and kept in Jy-Iaw, the defen- s thereafter niain- )nnected with tlie •caftcr he erected venues and Park I uphold and keep and keep in good iaid Aveime-i and id trrouiuls, trees. Lease, that they made, well and and agreements fved, performed. y the said lease not observing, rreenients in the tlie said David eniised premises md the same to The informant claims : 1. That the said Lease sh.ould be declared to he forfeited, lui.l should bo avoided and d<'livercd up to be cancelled. 2. That in tlie event of it beius; held that the infornuint is not entitled to such relief as aforesaid, the .lefeiiduiit shouhi be restrained from ufiiu;,' the said lands, inehidini,' the Avenues, for any other purposes tlian as a I'ark, and should be compelled to close up unauthorized openings in the fences surrojindinv' the same and the said Avenues, and to keei, the roads and ornamen- tal grounds in the Park and in the ai-proaches tlicreto. and the «ates and lodj^'es and the fences surrounding the said Park antl Avenues, in a proper state of repair, and wh.ere the same have been destroyed to restore the same, autl to provide foi- i.roi)er care being taken of the gronnds, roadjvays, trees, buildings and fences. " 8, That the defendants may be ordered to pay the costs of this suit. 4. ANn for such further and .,ther relief as the informant mnv be entitled to. The informant proposes that this action should be tried at Toronto. Delivered the ICth day of March, A. D. 1880, by Kerr, Macdonald, Davidson A- Patterson, of the City of Toronto, Solicitors for the Informant. \i using the said s are being used 'ed or pei-mitted lusing the sa.-ne iiier than those nts. lud the lodges , and the gates defendants. ? taken of tlic id Parka and XLIII. J. K. Berkeley Smith, Esq., Bursar, Toronto Makch 2oth, 188(! SiR,-I am directed by the Committee on Property to ask when it would be con- vemont for the Comnuttee of the Senate, having oversight of the Queens Park and Avenues, to n.eet a sub-committee of the Property Committee, with a view of arriving at an amicable settlement of the difKculties now existing between the University authorities and the City. If convenient, I would like to have a full day's notice of the hour and date which may be named for the meeting. I am, sir, your obedient servant, JOHN BLEVINS, Citu derli. :o said By-law I no. MEMO. XLIV. lie ATTOIINEV-OKN-EIUL V. CITY. " . O. McmUiar,,., /;..,., City Solicitor, Toronto ■ ' ^"'"* '"'^' ''"'• 1 It TsT^ible ' ^" """^' ''^^ "^ ''"""• •^"-- '^'^^-- - ^his suit, at as eaHy Yours truly, KEFiU, i\rACU)ONALD, DAVIDSON ct PATERSON. XLV. -/./■■. nirrins, K.,., Cit,j CM., Toronto .- '^""'''"'' '^''' ^^''^' '^^^■ settlement of the cUm'^ L^^U LH ^r"?^ '" '""-"« ''^^ -- --able Your obedient servant, J. E. BERKELEY SMITH, Bursar. XLVI. ATTOU.VL: Y-OKNEllAI. r. CITV. jr- r ^^.u'7,■ ,• ArniL 15th,. 1886. H ■ h. McU lUmim, l.,q., cty Solicitor. Toronto : Dkuc Sn?.-Will you kindly put in your Statement of Defence in this suit ' We t S^tS^ :;r S^:"^'- ''- --- ^° — nnderstandin^X Zl Kindly attend to this not later than Monday. Yours truly, KEBR, MACDONALD DAVIDSON & PATERSON. XLVII. Mi.>utes Nos. 109 and 110 of Property Committee, passed April 20th, 1880. A communication from Messrs. Kerr, Macdonald A- Co., r. No XLV 1 in rela ATTORNEY-GfiNEIUL v. TOBONTO. 81 PBiL 2nd, 188(). Thofolk.win. letters from tl.e City Solicitor andtho Secretary of thf Domrt.nent of Piiblu: W orks of Ontario, were aluo reii',1 : XLVIII. ^1 PATERSON. ;h April, 1886. DKPAiiTMHNr OF PniLic AVoiijis, Ontahio, t Toiio.NTo, Afiril PJtli, 1H8(). , Dkmi S,k,_I an. .lirootcd l,y tiw Hon. the Coi.iiniH«ioner to acknowledfie tlu- vcce:i,t of your letter of tl.e 17tl, instant, aaki.if. .«, appointmrnt for a mcetin.' etc., in reference to the Queen's Park and Avenues' niatUn-H ; an wdh'n;,' to ahid,. by any order which the D.-partmont of lubhc Works under the clause in tiic afjreemuut of 1H83 in that h.half mav make. •' I do not suppose that the Senate or Conunittoe have any demre to cancel the Lease of tnc .Va-k and Avenuos^nd 1 cannoc understand why an appeal wan not made to the Department of Public Works instead of commencing an artiou in the name of the Attornoy-Gmiena to forfeit the lease. I trust vour Committe,, will ,..ve me the credit otactiu^; in porf^ict Rood 'aith and with a mucoro desire to have the Lease and Af,'reoment carried out in tlieir entirety. Yours trulv , (Hignedi W. (;. McWILIJAJIS. .7. !•:. lierkdeij Smith, nin:iiir of the CniverMttj of Torvntu, Corner Siiiuuir and Adelaide Sts. LIII. Aiuri. '2!)th, IHSn. Pleadin,i;s closed, and noted {>rn confemi ivf^ainst defejuiants. LIV. ir-. G. m iniliam., at., SaUdto., Toronto. '^°''"^™' ^^"^ ''^'' ^'«''- Pt.VK Sn;,-Refen-inK to your letter of L'sth ult., headed ■• Attornev-(,eneral v lorouto,' and nuikmg some proposals i ospectins the aKroement of 18fc(3 I am .urected to say that the lioard were taken by surpri.se by your intimation that an action had be. n broufiht upon that agreement, and having obtained a conv of the Statement of Clai,n, tiiui that it is, as they undvrstood it to ho, fuund.i on the ease of 18„-», and not on the agreement of LS83. There are grounds of complaint for breach or t.udy fulfilment of the last mentioned Agreement, but the subject of the action is the broach of the conditions of the Lea... To specify the breaches would be to recai.itulate all or nearly all of the duties undertaken by th" Cit^• . . but I am d.reaod to state, without limiting the claim to these particulars, tli'at among tho du-oet violations of the covenants, are, the removal of the gates at ^\elesley Street and Bloor Street, and suffering the fences to be removed or broken down. This applies to various places, but especiallv to the Yonge Street Avenue, where houses have been and are being built fronting on the Avenue without license from the Board; and, in fact, the Avenue is treated as a public street. You will please lot it be distinctly understood that the specitication ol- oi these breaches is no waiver of any others, with respect t<. the Queen Street Avenue, or the use of the Park, or in any other respect, nor anv limitation what- ever of the claim to tlie faithful fulfilment of all the covenants" \ have also to call your attention to the terms of the Agreemeut of 188:j whi.^h you seem (erroneously) to read as giving the' Council a right to appeal to the Commissioner of Public Works. , I ain, yours truly, (Signed) .T. E, BEEKELI-Y .SMITH. m {hnrtarj If SI i^nnro. l.V. Minute Comniitti'e on Works, M;iy UIi, iSMd, A ponHnimicatk.h wn<( roa.l from Jolin W. l"owrtii, c.iUinc attention to thu iioces- hily of opening. I hIv..'A frn.n St. Gcoi-p;.; Ktn.i't tn tlio Queen's Park opijosite Hur- ' lionl Stroc't. Referred to the Kiiniiieer, LVl. Re Qpkkn's Park. TonoNTo. .Iiinr" iHt., 188(i. DiUH Hut,— III aiiBsver to your (juustiou us to tlie inaliitoiiaiico of tlie Koadvvay ii44iwai;4 It^iitt^jvom IMoor-^iu^eet «>uthwftftV-td-tVM^P«k.- - I am-nf --- opinion tliat the care and maintenance of tiioBo Ik'ju^h to the Committee en Property. Reference to the Ltase <.if the Queen's Park will satisfy the Property C'iMiinitt'.o on thia point. Yours truly, W. G. McWir.LIAMS. Win. Ciirlyh, Esq., Cluii'iian U'orhs CommitUi.: lAII. The followiniti l('ttiv from the City Solicitor was read before oho Ccnunittoe on Property, Juno Ist, lH8t),and leferrod to the Sub-Committee previously appointed to deal witli the imUler. ATTOIiSKV-OENnilM, r. TOUON TO, TonoNTo, Is-t .June. 18H(). Dk ui Sii:, -T have had novrral interviews with ^h: Berkeley Smith, the Bursar, and also with the Solicitors for thd University and Colleges, and I lind that the grie\-- auces complained of are, that while the lease provides that the City is to keep up the sates and fences alon.^ the Avenues, the ^ates are almost all in a state of want of repair, or are wholly removed. Tliey further complain that the owners of lands abutting' upon the Avenues have been allowed to make use of the Avenues as public highways and have built frontiiif^ upon t)ie Avenues, and making entrances and openinj,'.! into and upon the Avenues. " As above stated, tlie lease provides for keepinf^ up the fences alonj^ tlie Avenues, ami and the University authorities have the rij^ht to insist that this be done, and they do and will insist and will go on with the action luiless sometliint; is done without delay. Probably the beat thins to be done is to notify the several property owners abut- ting on the Avenues tiiat tlie entrances from their land upon and into the Avenues mu'^t bo closed, and wiiere they have removed tiie fences, to require them to replace and re-build same, ajiil also to provide that no one should have an enti-auce upon the Avenues, or either of them without the consent of botii the City aii.l the Senate . Committee. I must request that pnjinpt action be taken, otherwise the suit will be proceeded with. A Sub-Commitcee was appointed to deal with this matter but they never met or did anything. Yours truly, W. G. McWILL.lAMS. John Incin, I'U'i., Chairman Property Voinmittee. •\TTOnNi:V(lF,Nr,J{AL /•. TOIIONTO. 85 ^1 r.viii. ATTOUNr.V-CIF.NKnM, C. CTTV. JcNE aril, 1R^6. h'. (1. Mc)i','i'iiims, ;;,«7., Ctt'i Sniicitnr, Tarotit). IiFAii firii, \\'(.' mii'a lirtw thirt iiiiittfr l)roiij,'hf to some I'otii'lusioii at once. Vuca- tioii will .s 1011 be on iiiid the matter will then ho thrown over until the Full. Vou ftic nwiiru of thi- position of tliia Miil : tlmt you are loll^- in default for wnnt of Statenienta oT Uofyiioo, ami tlnit th« niiittpf i ; now in a |)o«iiioii to h>, not; ilowii on tnotioii f.'i- juiU;iiieiit. We Imve no flcMirt' to tuko Hiiy liavsli course, but our i.istruu tions ;uo iniiiemtive to have tho inattoi-ck).,C'it one way or tlit- other. Kindlv !, , U~"._.. f. ...... * kt UN hour fiom you at once. Vours trulv, KllHH, MACDONAT.l), T»AVII),SON ,V 1ATKUS0N. I,JX. Al'TORSET-OK.NKn.Vl. V. my. TonosTO, June 12th, 18m6. IC, (/. McWilliiims, Citij Solicitor, Toroittn, Out.: Dr.Ah Sin.— We boy leave to notify yon that this ease will be hoard on tnotioii for judgment next week, formal notice of which wiUhe .^orvetl upon you herewith. Yesterday, .\ldernian Defoe, Chairinaii of the Committee, appointed to deui with the mattovH iu .luebtion in this suit, desired that I wouhl meet his Committee on Monday. I find that it will be imiiossible for me to do so, but since you know thoroughly the viowii of the IJoard, you will lie able to (.'xpreBB them as fuily as I could, if [u-esent. As to the fences on the Avenues, the Board have hitherto been willinj; to recommend t!io Crown to j,'ive a license or permission to property owners to rer.uve fences upon the followin.' to pay. We Imvo Imd no iimtruclioiiH um to this particuliir mnttcr hiik c tl-fii, nil. I weaiy not aware wi-ctlior tlif Bonrdurc willing toatii.lo by this Hriount, "I- wlii'tlitT tliey iliHii'o to nrinii>;c for iion«e lar^-or imyiiu ii'. Till, above will inilicute thu kind of njfrnf niont tlui Hoim! witnt from tlie propurty ovvncrH. before rcooiiuiundiiu' that ptriiiiHHion bo fjiwu to tak< down fomcH,- \ 111 will iiiiderHtanil that this letter i< not to bt! taken m aiiv way aH f.tayin« i)r.>. '■t'cdiiij^'H ill tliisi suit. Our iiiHtnirtioiifi niq_tii pioccf.l i»t oiico with thiiuuid if {]<■ f :ojninittee IiaH any proiiOHul to make. tho> will Huhinit it in writiiij^ and it will be forwardml to the Hoard. I iiai not iiiHtnicted to mul •■ any arran«omif I'pon the Avenues, positively decline to come to any uiiderstandinn witli the Senate iiathorities, and jiive as their T-eason for tliis refusal that they are of opinion and believe that one if not both of the Avenues will l)eooiiie business streets at no ilis- t:int day. This the Senate Comniitteo are determined to prevent, and, in my opinion, they have the law with them. I would like detinite instructions to-day If I must contest tho position taken by tlie Senate Committoc I must ai*k Mr. Kobinson's assistanoc in the case. I have not yet consulted with him, anticipating.; t!.ut a uettlenifciit would be arri\ed at. Yours truly, W. (!. McWlLLIAMS. ;» V Dpfi^o, Knq. The Chain'iiin rnire>:. .timr IHih, imfl. jr. i:. Mc]f'illiiimi, Ksq., City Soliritur, City. Dkmi l-4in, -V»'f' must n'lvc you fairly to uiulorstftntl, tUat wis will not wait (Hi Ahk'iniuii Ui'foo'H Coiuiiiittco auy loiitjcr. In the poaition in which thin matter in placed, this businosa oUj^ht to bo juKt uh prosainn to the City as any other Tliat thi-j (.'omiiiittno has to attim.l to, ftnd we duaire the (lity authorities to uudorstand distiirjtly, that this matter will bd preHstjd to a conuluyion next week, in tho inoHt uryeut way thut we f:in adopt. YoutB truly, KERIl, MACDONALD, DAVIDSON & PATERSON. LXIII. VlroHNKY-OUNKllAIi V. TOUOXTO )Y UNIVKUSITf" AVKNUKS. TonoNTo, l!tth .Iiinc, ISHH. Dr.Mi .Silt, — Tlie motion for jiidtinient came on yesterday !)• fort' thu Hon. Mr. .iuntice Gait, and at my request Btandn enlar-^ed for a wt:ek. I am Diis mornint' in recoiiit of tho cnulorird note from the solicitois I'or the Univevnity, which states that the mHtter will bo pushod on return of ei}'iar;4eniont. 'Die only way to meet the matter is for the Committee to meet at once and take action to effect a settle- luont of the disjiute. I have explained the nature of tho claim, and need not do bo ifR-e a;,'ain. Yours truly. W. G. ?.rc\VILLIAMS. 3| J)'. ]I. Uotcland, Esq., ^layor of Toronto. LXIV. Minutes of meeting of Snb-Committeo held June 22nd, 1881). Pre:(ent. — Aids. Irwin. Defoe, Maughan. Boustead, and Roaf. After hearing a report from tho Clerk of tho result of the conference with thr JJurriar in relation to the property owners who have no ri;;ht of eutrar.no to tho Avenues, it was (Jrdered, i 88 ME^ro. That ho tity bolictor be inHtruoted to take immej.ato .tep. t. notify all partioB who have an entr.nco into the Avenues without Ictve of ti>e' T^n.vcr^itv authont.es. to obtain such permission fron. the Univemtv authorities for^h- with, ana „, ,lefauU of their «o .loin« to take the necesaarv step« to de.^rive them of the.r privilege, of entrance to the Avenues, which they now enjoy. ^ Oaf..n.,Z-That the Chairman be requested to write to the Univcr.itv Authorities nfomnn,^ them of the action of the C'on.mittee. and int.mating the willingness of l.e Sub-Comnuttee to take any reasonable measures for the preservation ai.d pro- tectum of the Queen's Park, and Avenues. ^ LXV. JrNE 23rd, l8Si). J. E. JU-rkdi'ii ''^ii'ith, Emj., lUirMir Toronto Vnivcmiij ; Sib -I anx directed by the Sub-Committee on Property appoints to deal with matte s connected with the use of the Queen's Park and Avenue., to submit for thonformatmnof the Committee of the U.mersity Senate the following state- mem m relation to tlie case: At the first meeting, after their bein, appoint..!, the Sub-Oonunittee found that . own.« to ack of spec.tic mforn.ation as to tl,e property owners in default, t ev were unable to arrive at any decision. A subse,„ent meetmg was therefore called, at which it ^vas arranged between Alderman Defoe the Chairman of the Sub-Committee, and Mr. Maclonald. the bohcitoroftheLmvers.ty.that the last named gentleman should be present for the purpose of informing the Committee as to the re.juirements of the Universitv and tne parties who had failed to comply therewith. Unfortunately. Mn Macdonald found it impossible to attend, but wrote a letter setting forf-, tl,; mai i features of the agreement which the parties who had an entrance into the Avenue were required to sign, which information was already in the possession of the Committee. It was found impossible to proceed further until the information as to the parties n, dc anlt could be obtained. The writer was then instructed to wait np'on the Bmar for the purpose of ascertaining the names of ti,c' several property owners fr... ting on he Avenue who had complied with the requirements o the Senate and those who had not. oci-.ut, This information was obtained in an unofficial way on the da^ followiu.' b-t owing to the absence of Alderman Defoe in Ottawa on other nmnicipal huslues;, It was not possible to arrange a meeting of the Snb-Committee until yesterday." ' t^!rCi!v ^ 'r'-r'7Tf • •*'' Sub-Committee at once passed an order directing the City So icitor to take immediate steps to notify all parties who make use of Avenue without permission from the University authorities, to obtain such permission orthwitn, and in default of so doing steps will be taken by the City to deprive them of the privilege of entrance to the Avenue which they now enjov^ I may also say that at the meeting ye.tcrday Alderman Irwin, at the r.,uest ol he Committee, willingly agreed that the entrance gate from his prem ses on the corner of Yonge street should be closed forthwith. ATTOilNEY-GKNEllAL v. TORONTO. 39 With ivgiu'il to the comiitioa i>f Avenue Sti-cet I am instructed to say that the sub-committee will take stops at onco looking to an arraiigomeiit .vitii the pro- perty owners for the elosiu;; of the street, and tlio sale or leasing of the lan,-l to them, due provision hning made for its care and maintenance as a lawn in front of tlieir I'espective promises, tliis of course to be siibjL:Ct to the aj)proval and con.ient of your Board. Tlie Committee further instruct me to say that tliere are other subjects of mutual interest connectcfl witli the care and maintcnaiice of the Park and Avenues, and upon which they think it ne<;essary tliat a coriferenco sliouM l>e had between the University C!ommittee and themselves. I am ther:'.fore to ask when it will bd convenient for such coufci-ence to take i)lace should your Board be willing to hold one In conclusion the Committee desire ine to say that they were fully alive to the necessity and advantage of making any and every precaution foi' jjreservin^' the Queen's Park and Avenues ."or the purposes for which they were originally in- tended, and to this end will heartily co-ojierate witii the University authorities in adopting measures for their prelection and preservation. The Committee earnestly wish to arrive at .\n amicable ;-..djUi^tment of the present diflicullies, and will agree to tiny fair and reasonable siu'^estions wliich your Board may make for a settleuu>ut hei'eof, and the Senate may reh upon any such settlement being promptly and fully carried out by tlie present Committee. I am, Sir, your obediei.l servant, W. A. LUrLEJOHN, Acting City Clerk. LXVI. ir. O. McH'iliiiuiK, El"!,, Cit;i Solicitor. TonoNTo, June 21tii, 188(). Sib, — Ibsg to forward on the opposite page, a copy of an order made by the Sub- Comniiltee of the Committee on Property, appointed to deal with nuitters con- necte 1 with the me oi the (Juecii's Park and Avenues, at a meeting held on the '22nd instant, and to re juest your attantion to the same. I also enclose a list of the owners of property who have entrances into the Yongo Street College Avenue, taken from the last revised Assessment lloU of the City. » I am Sir, your obedient servant. LXVll. W. A. LITTLEJOHN, « Actiii;/ City Clerk, Qtdeved, — That tlie City Solicitor be directed to_ take immediate stejjs to notiiy all parties who have an entrance into the Yonge Street Avenue without pi. riais- aion from the University Authorities, to obtain such permission forthwith, and r.4a^M»} /J . M 40 xAIEMO. i: i if. /"* Nnrtli Side. Artliur Ardagli. r.9/,„i,.(/ J,7,w,.,e,j,. ; L. R. O'Bnon. f Hus rioht of entrance.) Clarkson Jones, {lias rhjht of entrance.) Dr. Ityerson. James J. Larkin. J. A. IJduovau. David Walker. tionth Side. Jo)iii Irwiii. Heater Dnmble. John Bruce. Jaines H. Bnriia, Thomas Siinderson. "nisteeb Bishop Straclian School. Trustees Mission Chureii. Jolin Shields. fSu/ued Aureement. ; William Wikou. (SUjned Ayrerment. ) Simeon II. James, 2''rcd Cronipton. Hon. J. B. Kobinsou. ilJas riijht of entrance.) fJlmore Clyne. Joshua OsteroHt. (Cor. Elizabeth St.) Sarah A. Heath. ] old London .^- Canadian,^ Cricket. Loan Company, j Grounds. LXVIII. ATTOBNEV-OENEIUI,. V TORONTO. rv..„ c T ToiiONTo, June 21th, 1881). ■.„;«, ""'-■",■*"<"». Willi...... Wi,.o„, H.„.. ,„h., 'b. r z „„. have no doubt that we will come to a satisfactory settlement as IntenTtf;^ ceed wuhout delay to onforoe the order of the Cc.mmitt . Undo he c^^m stances I do not suppose you will Cject to the nnvtter bein, aiL'l to sta'd until after Vacation, and I will not expect to do anything to-morror Yours tculy, • To W. Macdonald, Etq., Toronto. ^^ ' ^'- ^cWILLIAMS. ATTORNEY-GEXEPvAL v. TOllONTO. 41 LXIX, ToiioNTO, June '2^"tli, ISSO. Th(' Clerk of the City of Torniitu : Sin.— I have to acknowledge your letter of , the "iSrd inst,, and I am directed by the Board of Trusteea to express thfir pleaBurn in hearinf< that active utepn arc beint? taken in the matter of tke Yon^^e Street Avenue, and their readiness to co-operate with tlje City Council and to do whatever may reasonably be asked towarda facilitating the necessary action in fultilling all che reqnirenionta of the lease. The necessity for re^ulatin^' the openings from houses into the Avenue or rer-torinj; and maintainin;.^ thd fences, being the most pressinf" matter in the point of time, • the Board will instruct their Solicitor to suspend proeeedinya in the action aj^ainst the City for a sutiicient time to euiblo the other matters in difference to be discussed, if necessary, and action taken by the (,'ity to remove the causes of complaint. Tlie instructions will be to stay proceeclings till the lirst of October, —this of course beini,' without prejudice to any rif^hls under tise lease. The Board pj'opose to submit for approval by the Coni' cil a draft of the agree ment to bs made with persons desiring to open ink; liie Yonge Street Avenue, and will ask prom))t attention to it, so as to meet the cases of persons now building or intendin}4 to build. The ajireement of Alderman Irwin to close hia ^ate is all rij^ht as far as it t^oea but his fence is obviously insufticient. The question of Avenue Street will doubtless be easily nrranjLjed as far as the Board is concerned. The Board will willingly concur in arran^in^ for tlio discussion of that and the other matters to which you refer, but before aayiuy anything about a conferenitr it will bo desirable to know dei'initely what are the matters proposed to be discussed. In the meantime, I am to call attention to the approach from Bloor Street, the state of which is complained of, and which is one of the roads which under the lease the City was bound to make witliin one year from the date of the lease. I have the hoiior to be. Sir, your obedient servant, J. E. BERKELEY SMITFT, JInrsar. LXX. ATTORNEY OESEKAIi r. Cn'Y. June 2"ith, 1680, IV. 0. MclVilliimif. Eiq., City SDlicitor, Toronto : Dkau Siu, — We bog to acknowloilge yours of yesterday. We have to-day received instructions from the Bursar to let the motion for judgment stand until Friday, tho 1st of October, pending consideration of the communication sent Ijy the Com- mittee to tho Boani yesterday. We will attend on M»nday and enlarge the motion until tho al)ove date. Yours truly, KEUR, MACDONALD, DAVIDSON & PATERSON. 42 MEMO. LXXI. Minute No. 2->7 of Property Committee, passed June 29th, IBSC. Tlie Sub-Conimitteo appoiiHod for the pnrposf <,f iirranairiK' matters connected with the U8B of the Yon.i.0 St-net (College Avenue and the Queen's Park, presented a report to the effect that tiiey had passed an order directing the City Solicitor to notify parties wlio make use of tlie Yonge Street Avenue without permiHsion from the University antliorities, tliat sucli permission must he obtained forthwith otherwise tlie privilege of antrancc to the Avenue will be withdrawn. AH of which was concurred in by the Committee. The following is the report above referred to, and correspondence referred t« therein : ^4 i LXXII. KEPOBT OF srB-coaniiTTEE, ii ! ilSi h ^ The Sub-Committee appohited to deal with matters of difference between the ' City and the University Senate in relation to tlie use of the Queen's Park and Avenue, beg to report that they have oUfained a list of the parties who make u^^e of the Yonge Street Avenue without leave, and have instructed the Citv Solicitor to notify the ))arties iu default to come to an immediate arrangement with the Universityauthorities, otherwise steps will have to bo taken to deprive them of the privilege of entrance. to the Avenue which they now enjoy. Your Sub-Committoe have also caused a letter to be addressed to the Committee, of the Senate, a copy of which is hereto annexed, stating generally tlie views of the Sub-Committee in regard to rhe whole matter, an.l asking for a conference in relation to some of the subjects to be dealt witlj. Annexed is a copy of tlie reply from the Senate, from wliioh it will be seen that the tlireatenod legal proceedings against tho City have been suspended, and from the tenor of the Bursar's letter, it may be safely inferred that no reasonable proj.n. sitions on the part of the City .for settling the various points involved will 1 e '•ejected by the University authorities. Your Sub-Committee therefore deem it their duty to present this report to t!ie Committee with a request that proper stej.s be taken to enforce without any unnecessary delay tho instructions already given to the Solicitor with rc-ard to the property owners who have entrance to the Yonge Street Avenue without per- mission. The Sub-Committee intend to arrange for a conference with the Committee of the Senate in relation to the other matters referred to, and will report the result thereof to the Committee. Respectfully bubmitted, i). M. DEFOE, Chairman. ATTOPiNF.Y-GENERAL r. TORONTO. 43 L' referred k) LXXIII. Tie vosoE STRi;r.T avenue, TOKONTO, lOtli AuM«it. ISSfi. JilKAK Sins, — I am to-day in receipt of yours statinj* that parties are puttint; up tele^jraph or teleplione poles in the Yonge Street Collej^e Avenue. The City knows nothing of the matter and lias not granted any permission to any one for eucli purpose. I have written Mr. Coatsworlh to look after the matter and take such steps as he may lind necessary to stop the erection of poles in the Avenues. Yours truly, W. G. McWILLlAAIS. Meitrn. Kerf, Macdiniahl, Davidson d- Paterxtm, Banisters, Toronto. LXXIV. J?*' TELEPHONK POLES ON YON'UE STRKKT. Toronto, August 18th, 1880. W. (r.Mi:n''Uiaws, Esq., City Solicitor, Cit)j : Deak Sir,- -Since writin<; you we have seen one of the members of the Senate Committee, and they instruct us again to call your attention to the letter written to you by the Bursar in resjiect to the breach of the af,'roenient of ISSii, and also to communicate to you that there is a further breach occasioned by your allowint; tlio Telephone Company to erect their poles on Yonge Street Avenue, We iuust call your immediate attention to this matter. This of course is not in conuLclion with the present suit, Attorney General v. City. Yours truly, KERR, MACDONALD, DAVIDSON iS- PATERSON. LXXV. Ite COLLKOE AVKNUl;. ToiioN-TO, 2;hd Auuiust, 1886, Drau Sius, — I have forwarded yonr letter of the 18th instant to the Property (Committee and I have notilied the Telejjhone Company that their poles must comedown. I have notified all of the property owners whosi- lands abut on the Avenues, as per enclosed form and several of them have called upon me to nscev tain upon what terms and condition they may be allowed to have communications with the Avenue. I can, under the circumstances and in the absence of any definite information, do nothini^f more than rpfer thein to your firm and to J, E, i'>. Smith, EBq,, Bursar. I have written to Mr. Smith, su^'f,'esting that the Senate Committee should agree upon the terms and conditions to which the property owners must subscribe if they desire to have communication with the Avenue and get these terms and conditions approved of by the Lieutenant-Governor in Council. You must admit that the present condition of matters h not at all satis' factory and that some definite line of action should be adopted applicable to all ca^es. Yours truly, •i To Messrs. Kerr. Macdonald, Davidson prevent erection of Telepiione or Electric Liijlit, Telegraph 'aid other polos without lutthority. , , ^ . , W. G. McM. 'Iflni Irtnii, /■.,•.■/;., Cliairinan I'yopert'j Cu a letter from J. J. ;Vri«ht, E^(|., Superintendent and Manager of the Toronto Electric Ll.jbt Co. I lu.ve notified inrn that, the poles, etc., '.nust come down. Thty could havo been put up on Gren- ville Street or some otiier public Jiigh way in a straight lino. They are put up alter- nately on one side of the Avenue and the other, and the wires are strung across the Avenue, a mo.le of construction rendered necessary to avoid dc:;troybg the trees, but in my view a very objectionable .mode of construction. Yours truly, .r,,r, ■ ., r. ■ W. G. McWILLIAMB. liii' Cluuniuin Propcrfii Comiiullcc, Ti>rvi,!o. LXXVIII. lit- VO.NOK .STliEKI COLLEi:!; AVKNrK. TouoxTO, '2ith August, 1380. 1:)i;ah Siu,— In answer to yours of this day's date, T beg to state that I do not find that the Fire and Gas Committee gave you any authoritv to erect vour poles and wires in the Yonge Street (lollcge Avenue. You were re.juired to' erect and keep a light at tlie corner of College) Avenue and Howhind Place. There were other ways in which you could liave provided, had you seen fit so to do. You could have run your poles and wires along Grenvilie Street in a straight lino instead of-Crossing and re-crossing College Avenue in the way you have done. In Tn any cape, the poles and wires must come down from the Avenue, and you wil' please have -hem removed without more delay. The University authorities insist and they have the right to do no. Yours truly, r , ti' • .. n r., . r. , . ^V- ^- McWILLIAMS, ./. J. Wright, hnq., F.li-rlric I,tnht CovipoKy, Tnrouto. ■ji- ATTORNEY GENERAL r. TORONTO. 15 LXX1\. 11,1 Cdl.l l;i,K WENUK. St -r.iva, 1883. T(.i:oN-io. Aiifiiist •-'".nl. IS.sn. Dr.'.n Siu, — Enclosodycii will ,'iii<' a i!0))\- .'f t'lo form of notice whicb I have fiiiit to every property owner wh'^w laiirU al.ut on tlif (.(neoi Sti-cec uiul Yon^je Street Collc'f;o Aveiiuea. Several of tlicso iiro))i'ri,y owneiv i'live Uiillcd iii)uii i!ie to kuow upon wiiat terms and condition tlujy will bu permitted to have. cotninnniLintion witii tiie Avenuc'H from their lots, ntid in the al)8tnoe of any definite understimdiiiK between the University Senate and the City, I car only send tUeni to you or jour Solicitors. It Heems to me that the proper and bnsiue^;'^ course to aviopt in this connection would be for tiio Senate C'onunittee and tlie I'vojirrty Comniitice in meet, settle the t-nnsj and conditions upon which coinni .micatinn can be had between tlie Avenues and lots adjoiniu;,', and tin kind of commnnication or openings to be allowed, and when '■'■\(: nuitter has pn pressed i^o far, have the ajircemcnt conlirmed or endorsed by the I-'euten-.u Governor in Council, and apiiroved of by the City Council and a By-law passed. Then every property owner desirins to enter the Avenue would know upon what terms and conditions he could uae the Avenue when he required to do so. Without some surb under- standing' and a]L!r-;emeiits [larties puichasing lands adjoinint; the Avenu.s arc pl.-iced at a disadvanta^'e, and I|havi- littl<: doul)t lioth City and Uiiiver.iity v.il! be ultimately more or lesrt embarrassed, and tiieir intercHts affected, f would lihe you to brinK tl-.is raaltar before the Committ-'o rf t1;e .Senate, and cndpavor to aasiKt me to arriviuf,' at a dotinit'i sehi^me applicable to all case.s. Yours truly,' J. K. BerJii'li'ij Smith, Ksi/., Banar, I'liiver.uti/, Turonti/. \\. G. :^rcWlLIiIAMs. LXXX. Tlie followiuf^ is the form of tlie notice referred to in the f(iroij;oini» letter. Re tOr.I.KCK AVENUE. CiTV Soi.K iron's Offici;, TonoNTo, 188i? Tiie Council has instructed nic to notify tho owners of the several pieces and litsi of land abutting on the Queen Street and Yonge Street Collet,'e Avenues, that thene Avenues are not Public Hii;bways, and that the' lands abutting thereon are not entitled to front thereon exce[)t as may be agreed upon between the owners tliereof and the City and ITiiiversity of Toronto, the latte • being represented by J. E. Berkeley Smith, Esq., Bursar. You are, 1 tind. the owner of a piece of land abutting on the side of the Street Avenue, and, T hog to notify you that opening from your property into or upon the Avenue and all direct communications between your property and the Avenue must be closed, and the line fences restored where removed unless already authorized or hereafter HUthnri»"d by Agreements entered into between yonraeh' and the City and University respectively. ''ir- 46 MEMO. If you hnvo already a,fec,l with the Hurs.,,- r,.pr...enti.„; the T:„iverBitv Authontie. „r ,u> entrance up-m the Avon^c, pl.aBc a.lvisu n,o to tliat offoct, ;.'ivuv.; il'ito of Ajjreeini'ut. Faihn..tohearfruu, yon. us la.t above m,nc.tc.l. I ma.t report vuu in -iefault after onr. month from tliia date. Y(>ur8 rcspoutfully. LXXXI. \V. G. MlWILLIAMS. City Sdlicitor. Re CQLLKaE AVEN'UK. Tonn\To, Auf,aist aSrrl, 1880. Your Huhctor. havo written to „.e cal!ia<,.,ny attenti .n t,. a l.ttor said to hav. be„„ written by you to me re«pectin« the breach of the a^jreenient of lasa, uud ftkocalhng attention to the alleged erection of Telepl.one pole., wires, etc., as a further bread.. As to the latter nuttter -1 have, notified Hugh Neilson. Enn A.ent of the Bel Telephone Co., toltake down any poles. wireB.'^^.tc. herei^bof.'re eu'c ed, anu to abstain from erecting poles, etc. in the future, in the Avenuea and X tiriv. I don't know to what letter the Solicitors refer, and you would oblige me by haviarf a copy of your letter referred to sent to me. I am not aware of any l,reaeh of the agreement of 18'^:^, at present. The City has. so far a.. I can learn, carried out that URrecment, and the street cars are now runnint,'. Please parti.:ularize the breaches of which you complain. Yours trulv, J. E. [in-hi'lcy Smith, Esq., P.iimn; Ton (SiKucd) W. G. McVVILLTAMS. viilo. LXXXII. O.McKiUiamr.,K,q. Toronto, August 24, 1886. Dt.:.n yiK.-We wxM-e ordered by the Fire and Gas Committee to erect a lamp at be .nter.ect.on o Ilovv-land Place and College Avenue, and in con.pliance with 11 at order erected ,t. We are their servants in the matter. If thev are illunun- atm, pn vate property without authority, I presume any action for ti-espass by the Unnermty authorities as owners would lie against them. no\vever, we do not Wi.. for a inoment to anta«oni;.e either the C.Uty or any one else, a.id if the Fi.-e and Gas Committee say reuiove the lamp, we will take it aw..y at once. All we want to know as what we are to do. O.ie set of City authorities say do this, and another bnu-ch con.os along and says don't do it ; do something else. Make Ion."' '"'""'""' '"'^ ""'''" '''^' '' ""'' '""• '""^» ^^•"•^"^ ''"^^iJ^r- Respectfully. TORONTO ELECTRIC LIGHT CO., J. J. WitioHT, M'g'r. L^w^j" w' ^'^" ^*"'^'"'" *^'' "'"'■'•"'*'' *"^ ^"* ^'^ ''""^''"'y *° '«™°^« the ■ ATTORNEY-GENERAL r. TORONTO. 47 LXXXII. 7i\' Yosor; stiikkt coM.V(iK wknit. TmifiNTo, lillh August, l.'^HO. Deah Sir,— I am in receipt^of ii letter from .1. J. Wri^jlit, Etuj., Superintendaiit ami Maniiger of the Toronto Electric Li{,'ht Co., which, by inipli(:n.tion if not in cxprosa tt'vms, tjiv.w iiu; to lunlerBtanil that that ConipKny Imve crocted a line of l)olcH and wircH on the Yonsje Slreit <:f.lle/,'e Avi"nif under your direction and with \our autliority. The College /Vveimea are not public hi^jhwayH upon or in whieli the Toronto lOlnctric Li^ht Co., or any other compnny authorized to use public atrccts, have any rij^lit to put up tiieir polos, wircH and other iippivrutuH, and the City has no ri^lit to permit any such thin;' excejit with the consent of tlie UMiversity Senate, ivnd the Li'jtit.-Coveriior in CnuneU. 1 have notilitd Mr. Wri«ht to take down the poles, etc., the Rolicitora for the University luvvin^; demanded it. Yours truly, W. G. McWlLLIAMS. Jam''.^ A'at..rson. Solicitors foi' the University, and 1 beft to cull vour attchiion to the niattfr of tlie removal of the t;atc3 at Wellesley or St. Albans Street und . Bloor Street, and otlier mn-ttors complained of. There arc some matters iictv.e'.n the City and University which out,'ht to bo set at rest, namely: 1. The removal of all the f,'atcH, '2. Theijosition of Mcf'aul Street. Elizabeth Street. Emrna Street, and Teraulav Street. 3. The openim; of St. Joseph or St. Mary's Street. 4. Tno ternis and conditions npon which property ownern whose lands abut on the University Ooll.^e Avenues can have access to the Avenues from their properties. I have written to the Bursar as to this last, sugyeHting that a form of agreement to be signed by tlio property owners should be settled between the benate and the City, and endorsed or approved of by the Governor-in-Council, r>. I would also call your attention to the heavy traffic goinft through the . Avenues. They are (especially tlie Yom/e Street Avenue) being treated as ordinary public hij,d)ways. I myself have seen wagons and carts heavilv loaded with all sorts of material (including,' nij^ht soil) passui.^r throufili this Avenue. Tins sliould not be permitted, and is contrary to the terms and spirit of tlie h^asc and aRroement. I would befi to su-gest that the whole matter be seirt to a small active sub-comniittee, witli instructions to them to confer with the Cum- mitteo of the Senate, and that without delay. The longer acti(m is delayed the more difficult it bocomos for the City to carry out its agreement. I will gladly Kive any assistanoe I can to effect a definite settlement of all the matters above referred to, In tins connection I bog to call the attention of the Committee to the Act, 47 Vic. cap. .H2. sec. 14, which amends sc-e. 49(i suh-scc. 45, of the Consolidated Municipal Act 18,*!, and enables the Coun./! to pass By-laws ; "For regulating the conveyance of traffic on the public streets, and the width of tires and wheels of all vehicles used for the conveyance of articles of burden, ' ;*■ ATTORNKY-OKNEIIAL r. TORONTO. 4\) «oocIb, wares or merpliaiirliMe, and for in-./hibiliitp heavy traffic and tlio driving! 'jf ••attic, ahoeii, pij^s tiinl other uiiinmls in oortain public streetH anil placus to be narnod in the liy-law." It will be scon from this (| notation from the statutes that the Council has ample povir to protect boulevards, parks and drive-i, ami to enooura^'o the citizenn to improve their streetH ati in the case of Jarvis Stroot, George, and other residonted fttruetB. yt>ur8 truly, W. G. McWILLIAMB. The Cliainmui Propcrtij Committee, Toronto. LXXXVII. ]{e QUEKN STREET COLLEGE AVENUE. ToHONTO, 1st roptomber, 1880. Dkati Sin,— There is a fiate in tlie rear of the houses, Nos. 237, 239, 241 and 248, opening from the lane into the Queen Street College Avenue. This gate vva« placed there by the late JamoH ISIcBrine without any authority whatever, and 1 am told is a nuisance by which improper characters pags from the Avenue into the lane in rear of the houses above referred to. I would like you to take prompt steps to put up the fence in the most substantial manner, and put up a notice for- bidding parties to open up any means of communication upon this lane from the Avenue. Yours truly. E. Coattworth, Esq., Commissioner, Toronto. \V. G. MoWILLIAMS. LXXXVIII. Re YONOE STREET AVENUE. Toronto, 4th September, 1886. Dear S^r, — A lano has been recently opened up into the Yonge Street Avenue from the north, in rear of the lota fronting on Yongo Street, and extending from Gren- ville Street to the Avenue. This lane is a nuisance, and should l)e closed up at once, and no time should bo lost, because if delay takes place the I'onge Street people may give trouble when it comes to be closed. Wo have no consent from the University authorities to open it, and I am assured no such consent will be given. Yours truly, W, G. McWILLIAMS. E. Coattworth,'Esq., City Comminioner. 60 ME^ro. il i' Il 111 ' IT ; il I 1 Lxxxrx. AI rilllNtV-dKNKUAt.l'. IITY. ToHON'to, Siipt. tiUl, 188(1. W. a, }lcWilliaius, Kiq,,Citii SuUcitor, J'uroiitii. J)i;ahSiii, — IJoiaplrtintMliuvL' boijii nmdH as to tho opeiiiiif,' of :i public luiiernnniii ,■ ' from Greiiville Stn:ut to ilie Voiii^'u Strtiut Avoimo. We ilo not siijiiiono tlie City lira at all inturuNtuil in koupiug ttuH open, although Homu of thu otliuci-B Hcuin to think tti'euod from lands into the yueou Strt et Collo!,'.! Avenuf . Ordered,— That the proper officer be instructed to havf the nouth end of the l.uio or the (iatu or {-atesi ab )ve refon'od t') closed forthwith. XCIV. IJsoiNKEn's Rui'ouT, (), tober I'Jth, 198G. " Some months a-^o I reuonimended the opaningof Harbord Street, easterly from St. Ceor^e Ktroot, coniing mto the Queen's Park and connecting with St. ".loseph Street on the east. A petition sufficii-iitly signed was preseutod aKaiust tli.- open- ing of the street ;i.-t a local improvement by the residents of the street. I wi.uld a;^ain call the attenlioii of tlio Committee to the nooessity of openiii- this street for the purpose of i^iviuK a connoctin;,' tliorouj,'hfare bKtwceu tho western and eastern pi.tt of the city. The committee may.periutps, ,v its way to recomiiu'iid tliat a sum sutiticient to cover the cost of tl.e iniproveinent L- tppropriated from the receipts from the sales recently made oi City lands on St. George Street. The amount of ?u,oOO to bo received." Kmbodied in Iteport No. 25 of the Committee on W^i kn. Novembor 8th, 1880. xcv. ToRo.NTO, November 8th, 1880. Jnii. lileviiii', Esq., City Clerk, Toronto. Dkab Sik,— Av, the last meeting of the Board of Trustees. I submitted your letter to me of •J'Jik! September last with roforonce to the removal of the gate and fence at the Bloor Street Entrance to the Queens Park. The Board desires me to say that it declines to vary the Lease of tho Park to the City. I am, yours truly, ■ ^ i i 11 Mi ;■ : :( 62 MEMO. xcvi. Minute No. 358. passed November IGth, 188G. The following conininnicatio)! fnmi tW nnrsnr of the University was read before the Property Committer. XCVII. ATTORNEY OKiNKKAI, V. CITY. ^ Toronto, Dcceinbor 11th, i88(>. V. G. i\lcVt'illiamii, Esq., City Solicitor, Toronto. Deak Bm, — We enclose yon a form of License in re Yonge Street Avenue, with the clause suggested by yon, y(?ster(lay, added. I submit this provisionally upon the approval of the Board, about wliich, I think, there will be no great difticiilty. In the meantime will you kindly have the form formally approved of by the Property Committee or other proper officer of the City. Will you also kindly urge this on so that we may try and get the matter closed without further delay. YourB truly, KERB, MACDONALD, DAVIDSON .t PATERSON. XCVIII. Rf COI-LKOE AVKNUE. Toronto, December 13th, 1886. Deak Sin, — Enclosed you will find form of liicense which the Senate propose to give to the property owners wliose lands adjoin the Yonge Street Avenue. No agreements arc being made with reference to the Queen Street Avenue at present. Kindly Imve this form approTad by your Committee and oblige W. a. McWILLIAMS, Yours truly, John Irwin, K^q., Chairman Propcrtij (Jommittee. XCIX. Minute No. 383 of Property Committee. Passed December Ht/. 1880. A draft of the Agreement to be entered into by the property owners on the Yonge Street College Avenue with the University authorities, as proposed by the Solici- tors for the University, was read and referred ^o the Sub-Committee previously appointed in tlic iiiatter. ATTORNEY-GENERAL ,: TORONTO. The following is a copy of t)io Agreement above referred to : Know all men by theso Presents that Her Majesty, reproaented by .Tolm E.lward Berkeley Smith, the Bursar of the University and Colle-,'es at Toronto, in his official character as 8iu;h, doth, upon p'lyment of % per foot frontage, and npon and subject to the conditionH hereinafter set forth, license and permit the removal of the fence separating the Yon«e Street Avenue from the following lands, namely ; The foregoing license is to be enjoyed only upon and ^(ubject to the following con- ditions : 1. That the owners of the said lands will not now or at any time hereafter erect more than dwelling house upon the said lands, such house to front upon the Avenue and to be according to plans to be approved of by the said Bursar of the said University and Colleges. •2. That it the owners of the said lands should hereafter erect a fence on the line between the said lands and the said Avenue, such fence and the gates therein fur- nishing access to the said lands from the Avenue, shall as often as any such are erected be of the style and pattern to bo approved by the said Bursar, and shall be maintained at all times hereafter by the owners of the said lands in a state of repair satisfactory to the said Bursar. 3. That the dwelling house now upon the said lands shall not nor shall any other house or building that may at any time hereafter be erected upon the said lands or any portion thereof bo used as a hop, tavern, hotel, factory, house of public entertainment, lodging house, or as a boarding school, but shall" only be used as a private residence. And it is hereby e.tpressly deofarsd, and this license is given upon the condition that if the owners from time to time of the said lands make default in keeping, observing and performing any of the conditions hereinbefore set forth, then the license or permission herein granted by Her Majesty shall forthwith absolutely cease antl determine, Provided also and it is hereby expressly declared that the position of the said Yonge Street Avenue nnder the lease of the Park and Avenues of the City of Toronto, and the agreement of the I'Jth day of July, 1883, between the Bursar of the University and the said City of Toronto, is not in any respect changed except to the extent of the license to remove fences herein given, and nothing herein contained, shall be taken or construed as a dedication of the said Avenue to the public as a public highway. In witness whereof the parties hereto, etc. Signed, sealed and delivered in the presence of. u ■ i I i i ! I' If i 54 MEMO. CI. ATTORNF-Y-OENEBAIi V. CITY. Toronto, December 17th, 188G. Ji'. a. ilclVllUama, Solicitor, Toronto. Dkab Sin, — We notice by the newspapers that the matter of settling the license of the Yonge Street Avenue has been referred to a Sub-Committee. If this is tlie action taken it simply meano interminable delay, to which our clients will no longer willingly submit. This matter has been dragged out beyond all reason, and has been in the hands of several Snb-Committees. ( ■ ar clients are of the opinion that if it is to be referred anew to a Sub-Committee, thoy ought no longer delay prooeeding in the suit, especially in view of the fact that people are waiting to come in and settle what has proved such a trouble- some question. Yours truly, KERR, MACDONALD, DAVIDSON X- PATERSON. CII. ATTORNEY-OENERAI^ ?'. CITY. Jasuauy titl'., 1887. W. G. McWiUiama, Esq., City Solicitor, Toronto: Dear Sir, — We would remind you that the motion for judgment was adjourned until Friday, the 7th, to-morrow. We intend then to press the motion. Yours truly, KERR, MACDONALD, DAVIDSON & PATEKSON. cm. Minute No. 389 of the Property Committee. Passed January 11th, 1887. The following letter from the City Solicitor was read before the Committee on Property : Re UNIVERSITY AND COLLEGE AVENUES — ATTOBNEY-GENERAI. V. TORONTO. Toronto, 11th January, 1887. Dear Sir, — I must again call the attention of your Committee to this matter. The case came up on Friday last and stands at my request for two weeks from that day, wlien, if a satisfactory arrangement, or at least some progress, is not made, the matter goes on peremptorily. Why can you not let me have back the memorandum of agreement I forwarded for approval. If I had that to hand over to tlio Solicitors for the TJniver«!tv I' think I could get the Senate to couBeni to the matter being further delayed until we could arrange matters finally with them. I enclosed letter from their Solicitors to you at last meeting saying that ATTORNEY-GENERAL r. TORONTO. or) they would delay no loiit,'er, ami when the matter came npon Frirlav I was o1)li.'ert to get the adjournment to ask it on tiersoniU grounds ; a thing whicli no Solicitor iikps to do, and should not he expected to do. Please do make an effort to .'et something done and oblige, " Yours truly, ■l(,hn Ii-a-in,.Ksq., Chnhman Propfftij Committfc. W. G. ^(WILLIAMS. CIV. Ordered— That the matter he referred to a Bub-committee, ronsiating of Aids. Irwin, Defoe and Boustead. CV. I, Committee on Works, March 8th, 18S7. IMinute ' Ald.E .; ■ Kjuired why a ^' hitcm»\had occurred in having Harbord Street (xtended into Queen's Park. The Solicitor explained that the University authorities had refused to allow the street to be opened and extended as proposed by the Committee on Works. The original proposition as to position must therefore be adhered to. Consequently t!ie By-law a/uthorizing the opening of the street had not been read a third time." Keferred to the Chairman and Aid. Baxter and Hunter, with power to report directly to the Council. CVI. Minute No. 4.53, Committee on'Works, May 3rd, 1887. 0,;lered~-On Motion of Aid. Baxter, that the Chairman be requested to introduce a By-law to expropriate the land required to connect St. Patrick's Ward on the west, and St. John's Ward on the east, at a point about 200 feet north of Harbord Street. Memo. Solicitor advised Secretary not to put this in report to Council for the present. CVII. .mtobni:y-okni;iui. v. citt. ToKONTO, June 7, 1887. a. McWilliamit, Esq., City Sniiritor, Toronto: i>EAu Sin, -The Bursar has instructed us to renew the motion in this action since nothing has been done to bring the matter to a close. We shall be reli!ctant to do this, but have no alternative us the matter must be got into a definite shape before vacation. The fact of the matter is, if the property owners do not hasten to make arrangements, and if the City fails urging them to do so, the matter will become more diflicult very shortly, because we are satisfied tne Board will, if the matter is not speedily c!.-.HPd, pxact more oneroas conditions. Wc snail expect to have some action taken this week, and failing in that we must again serve notice of motion for judgment. -il i > |! I I fi Il i n : ii ill ,■ Il ! V. I a ! 11! I il ill! 56 MEMO. Rs approach from St. George Street. Mr. Sankey lias not broiif^ht his report before the Board yet ; the Board are await- ing his report before settling the matter definitely. Yours truly, KERR, MACDONALD, DAVIDSON & PATERSON. CVIII. lie iONGB STREET AVENUE. ToKONTo, June 8th, 1887. Dear Sir, — If you or the Bursar will give me a list of the parties who have use of the Avenue as a frontage without permission, 1 will notify them at once. I da not see that I can do anything unless you let mc have the names of the trespassers. This is a matter entirely within the knowledge of your clients. I am ready and willing to do anything I can to get tho ijyitter settled. Yours truly, W. G. McWILLIAMS. Messrs. Kerr, Macdonald, Davidson d- Paterson, •' Barristen, Toronto, CIX. ATTORNEY-OENEHAL V. CITY. JcNE 18th, 1887. W. G. McWilliaras, Esq., City Solicitor, Toronto ; Dear Sir, — No definite action having been tViken to put up fences along the Avenues, we are instructed at once to renew our Notice nf Motion. We shall accordingly serve notice next Friday. Yours truly, KERR, MACDON^VLD, DAVIDSON cS: PATERSON. ex. Re YONGK bTHEET AVENUE. Toronto, 2l8t June, 18S7. Dear Sir, — In answer to your note of the !8th instant, I have to say that T will give all parties notice that unless a satisfactory arrangement is made within two weeks the City will proceed to fence tliem off the Avenue. I will also bring the matter before the Property Committee at its next meeting and get an order for the fencing if possible. I hope this will meet your views in the meantime, and that you will not think iv necessary to give any notice such as you mention. I am anxious to get the difficulty arranged as soon as possible in a way which will be satisfactory to all parties. Yours truly, W. G. McWILLIAMS. Meurt. Ken; Macdonald, Davidson & Paterson Toronto. ■I ATTORNEY-GENERAL r. TORONTO. 67 CXI. ATTOBXEY -GENERAL V. CITY. July 4th, 1887. ir. G. McWilliaiM, Kfq., City Solicitor. Dear Sir,— In reply to youra of the 'ilst June, we would say that if the course therein mentioned be followed, we think the matter will soon be settled. At the same time you will kindly understand that immediately after vacation we will press this matter to a close unless by that time arrant,'emcnts have been made. Yours truly, KERR, MACDONALD. DAVIDSON & PATERSON. CXII. Toronto July (jth. 1887. Dear Sir, — I have received your letter of yesterday. The road aa decided on by the Board some weeks ago has now been staked out. I was at the ground yester- day with Col. Gzowski to see it. It is a little farther north than the place you mention, as it enters from St. George Street just south of Mr. Ramsay Wrif^hf s lot. Still it is south of the drive by wh.ich the Park has to be crossed to reach the St. Joseph Street entrance— practically coinciding with the present gates, thouc;!) it roaches them by a curve which saves the linest of the trees and will make a very attractive road. I send your letter to the Bursar who will communicate it to other inemborH of the Board . I am leaving town ou Tuesday for a week or more. There n^ed now be no delay. Yours truly, • C. S. PATTERSON. )V. O. McWilliams, Esq., City Solicitor, CXIII. Minute No. 215, passed August LSth, 1887. The following communication from the City Solicitor was read before the Property Committee. Re YoNOE Strket College Avenue. Toronto, .Tcly 7th, 1880. Dear Sir,— This matter of entrance from the Lots adjoining the Avenue is still pending. The Solicitors for the Tlniversity inform me that there are a largo number of the pioperty owners on the south side of the Avenue east of MoCaul Street, and on the north side of the Avenue, east of the east limit of the University lancls, who refuse to come to any arrangement or to sign any agree- ment authorizing them to have an entrance to the Avenue, and they now write me to say that unless the whole matter is settled before the end of Vacation, they will go on with tho action for forfeiture of Lease. I had supposed that e\eiy- thing was in a satisfactory course of settlement, but it seems that certain of the property owners are determned to defy the City ana Univereity both. Under n •■f ^l II 'f i ;' ^ ii, I'll I. i !l i '' I!': !:i ri i •; i ; :., i 58 MEMO. the circumstances 1 can see mi other course oiien to %]w City if the Council ilo not wisli to forfeit tliu Loaao of the Avenues nnd Piirk, oxcypt to procetd to fence off all property where the ri^lit of entrance has noi been dtily soouri'd. If theoc property owners are in trouble now, they liave ovily themselves to bliuiie, as they hud at one time the chance of >;ettina the entrance upon sij^tiini- an agreement as to the character, use and maintenance of the property, anil paying the CLo.t« of the Solicitors for the University preparing winie. Yiinrn truly, W. tr. McWILLlAMS. John [rwin. I'Uq., Chitiniuin Piirx'rti/ Committal'. CXIV. Ill' Qri:KN STiiKKT COI,M:(iE WKNfK. ToiioxTo', 14th July, 1887. Df;ai; Siii, — Complaint has ai,'ai'! been made tliM,t the fence has a;,'ain been broken' d.iwn between the Avenue imd tae lane in tlie rear of t!u 'unist s 217. !?Hy, 211. and 'J4H on Sinicoo Street and the result is s'"'''''^''' annoysuice to the rosid ..its on Sini- coe Street, and injury to the treoo, etc., in the A.ve)uie. The liiad is made the luY'htly haunt of loose characters, who, when found, have three n>ean8 of escape instead of two. You will rain^niber that it was ordered last year by the Property I 'ommitteo that Llie fence at thi.s place should bo ri paire'^ and no entrance to tiio Avenue allowed. Please attend to this at once, and oblitjo, Yours -truly, John Cliu-miiern. Superinti'iidcnt ot' I'arka. W. J. McWlLklAMS. GXV. Re ST. nHortoi-. sTKiyri' iinth.^nce to quei;n'.s r.MtK. ToitoNio, 8th .-Vugust, 18.S7. Dkah i^in,— Enclosed herewith I bejj to for^v,■a•d you a letter from the Hon Mr. Justice Patterson respectint; the location of the roadway across the University lands, You will obser\ethat the line of the road will probably come just south of Mr. Ramsav Wright's house, or, in other words, along the northern side of the vacant lot now crossed by the footpath. If the City is content with a street laid out in this way, the next thing necessary is to acquire the nii feet of land lying between the western terminus of the line of road laid down by the University authorities and St. George Street. We will require the survey to be continued westward to St. Ueorge, and that having been done, and the ownership of the laud required to be taken having been ascertained, we will either acquire the land by ])urchase, if wo can agree with the owners on the price to be paid for it, or, failing that, a By-law must be passed cxvi. ir (I. McWilHams, TA1!K. ToiiON'To, February 1st, 1888. DiiAU Siii, — Since the judgment was given yesterday in this action declaring tha Lease forfeited I have been thinking the matter ovw- with a view of seeing the outcome of it, and I confess the situation is very much mixed. As I understand the case the University has granted to various parties whose lands adjoin the Avenues the right to front their lots on the Avenues. These rights have been granted both on Queen Street Avenue and Yonge Street Avenue. The University has also filed a plan dedicating certain streets showing the I'ark Lots laid out fronting those StreetH and overlooking tijis Park, and has leased tliese lots. Then there are .the new Parliament Buildings, going ^up, with the consent of ATT()l{NEY-(iKNKi:Ar. r. TORONTO. t'8 hot:, th.. (,t.v an.l tl.e Univ., rsity . a,„l C.Ile.oH. Co.wuUnn,- ,1,. .wIm.!.. pomt.on I h.Mk yon will a^nn. w.,h rn. that ,1... .-nlv uay outof tl,e .lifiicuhv ,h r tl, . City Cunc.l, tl.. Senate Con.tnitteo an,! tiu> Ontario 0.,v.,„. .U.U to co.no together an.l .nU. into hucI, a,n.nK..nt. «« ...ay b. pn... t cable. 1 c(,n esfl J ,lo not uee !.,nv it in practicabl., forthoCi.y to fence off tboBo part..H who refuse to ent< r into a,r.c.nu.nts with the Tniv.: ..ity. TZu.r way wouhl bo to „. .ucb legislation, if posnibl... as will enable li... dtvto .n-.k lo:al Hi.t.c.al asB.snm.nt on tl.oso parties, an.l ,.nss a By-law ,,rol.ibi,i'„.. tho vs, ot any property fronting on the Avenues for oti.or tb.in'resi.l.„..,. pur,.,.s".. 1 . ., anxK,nHto.l„..verythin, .i. my i owct to pr.m-.-v. th. charaet.r of the Mouu.'^ |vna prove.t thr erection of any thint- bnt (irst clas«..-,,.si,l.MKes ovorlookin. U.'m ■ but y.)., must a.ln.it there are Uiflici,ltic.« in the way. winch I th.nk can"onTv h,'- remov..! by thennit. ,1 ac.ion of the City Cou..cil a.:,l th,. henata, with iH a8«ist aace o the Ontario Governn.ent. Now tha, U.e l.a.o i. .l.-chcr. f o t^.l vl a H:::fth: «;;;r;L:r''''''''^'''" '''' "- '- ''^"^^"^' •^venu.an.ira.. a." Tl... (;niver«ity are not in position to eiose np the Avonnos an.l Park. The do,...- of thm wonkl involve the Senate Committee in a c.-.tliot with the L. .snes of r n i^ l-oni' Vi'i^ ' ''T ""■'"'"' '" '""' ""' ^•""' ^^*" '■"'' «"""^ '''"'^"l' V in availin.. vonM,lf of the oreler .nade, ,uk1 that it would have been better to hav'e allow, i ,..e to put ,n a B atemont of defence, and then the whol. ra.e would have been . e .to, al the facts wotdd have ..,.„.e o,.t. all of the difnctdties wonl I :.,ve rj e^ted then,selveH. an.l .t would have b.en n.adu clear that the p.acti.ud out.,, L of tl,e v.iole matter ts not, at all , lear. l.et n,e know what you tllink o' th.. ..tuati,; ad tho suggestions I have made. Yours truly. n-m. Macdomad, K^l, J/..,st.. Ken; Maalonuld ,0 Co., ^^'' ^'" ^''^^'"'^'^ ^^'«- IStirrinUn; Toronto. CXXVI. aiinutes of Committee on Propertv, Passed February 4th, 1888. The Committee proceeded to consider what Btepa should be taken hv the Citv n v.ew o t ^. act that the Court has declared tho lease held by th.. City o^ the Queen's Park and Avenues to be forfeited. o1"' UiH wlt'"'.f 'm " "^'l*?:- " "*' ''^''''"' ''""' '^ «ub-c.,mmtttee consistiu, of H,« VVorsh.p, the Mayor, Aldern.o Ilallan,. Mau^han. Gilbs, Roaf, and the Chairman, (Aid. Irwm), bo appoi.ited to confer with the Senate of the Univ"r8 ty with a v.ew of arriving at a satisfacto.'y settlement of tho .litlicl.lty. Ordered, that the City Solicitor be instructed to forthwith prepare a h^ opa.s of the var.ous .natters i.u.lispute between the City and the Toronto University .a .•elati.>.i to the lease of the Queen's Park and AvenueB. showinr- t.h.^ .vac^ '-h^J: «u.l r.Kuts of the C.ty at the present time, and that the same be ph.ued". a.'.d a coi)y thereof forwarded to each member of this Committee. 04 MEMO. i I I ! , 1 1 l , b '.■i., ( :\xvii. A'e vuntN'd I'AiiK AMI i\i>-n«, ATTlmN^:\ lkskiui. v. hie city. ToitoNTo, Fobrnary (1th, IHHi-i, Draii Sin,--Iii this mattt.T, the Honato of the UnivprHity (in tlie numo of Die Attorncy-Oisiu.riil) iiMk for an Injnmlion ii^jaiuHt thf City of Toronto, rewtnun inn tht« City from nMin>,' tho Qiicen'H Parlt and Avrnuos otherwinc thiin as a I'liik and AvfintiuH, anil for forfeiture of tho Itaao nndor whioli tl»e City IioIiIm the Park and Avenues, on the ground that the fMty ha» not observed the conditions of tlwi lease. 1. The lease in (iimstioii binds the CMty to keep the Park and Avenuua for the purpose of a Park and Avenuet and for no other purpose whatsoever. 2. The roads and ornamental ^;ronndH within the Public Park and the Avenues and other approiH'hos then to. with the '-'ateH and fenros bolonKin« thereto, shall !»• i)Ut in repair and kept in repair by the City Council. In case of neglect or refusal on the part of the City Coonoil to perform the stipulations containod therein, the Hursar may re-entor the lands demised and the lease may be declared forfeited. This aKreoraont is modified to uonie extent by an agreement of I'Jth -Inly, IbSiJ, by which the Senate, on certain conditions therein fully set forth, allowed the Btreet Kailway T'ompany to lay i:.\eH down Yonge Street Avenue. This agreement, however, in no way affects clauses (1) and (2) above referred to. The statement of claim on tlie part of the Attorney -General, represented as afore- said against the City, after reciting clauses (I) and (2), Hcts out (1) Tliat the City of Toronto have used the Park and tlie Avenues for o*^^her purposes than those of a Park and Avenues. (•J) That the gates and fences are not being maintained, but are being removed, and unauthorized entrances into tlie Avenues and Parks are being nuule and ukwI. (3) The ornamental grounds are not kept in order by the City of Toronto. The whole question involved is this, tho Senate do not wish the Avenues to be used as public streets whilst the public generally and the owners of property adjoining the Avenues desire to use them as such, and have been using them as such. The University authorities decline to allow the owners of lands adjoining the Avenues to front their lots on the Avenues and have entrances therefrom into the Avenues— unless the owners of such lots enter into an agreement not to use their property for other than residence purposes, to maintain such fences as the University Senate Committee may approve of, and make a payment of, I think, #5 per foot frontage on tlieir lots for such privilege. These conditions have been accepted by the owners of the lands on the south side of Yonge Street College Avenue between McCaul Street and the west end of the Avenue. ATTOllNRY.OFAH HAl. v. TORONTO. flfl il.n owner, o tl.. other lan.lH a,ljoi„in« the Av.nue. h»ve for the mo.t nnrt ro UHe.1 or nc^loctod, .Uho„«h ,roqu...tIy „oti.l...l .uA ro<,uest.xlV 1 „ " ntoH„ya«n.ment..„.| coutin.u, to un. the Av.aun in «uoh wu, an t u 7." . ^ m. I h. (r«.v.rH,ty authoritioH uIk,, m.nire thu cortair. ntrootn which have en down tho foncoH acroHH the Htroots. «hall he oIoh..! an.l tho f,.nc«. r.Hto,cvl. f n.y mo nory ^rvos ,„o, th« only outrano.H anthori/,..,! ninoo tho oxocution c.f th^ on«.aa lea.o whi.-h provnics for tlu-uo at (iroHv^un. Htroot. 8t 1 u h Lm Str«.t, Kh.ab.,,h Htruot. Un vm-nity he, ,ot an.l McTa,.! Str... . T " ; "r ' otl,er «tr«utH which have ..eon p..,...,! int., M.e Y..„,,e S.roet ( 'olle^e 1' ,n 1 h«.,,lo. th,.He ah-ne .,nu.„erat.-l. i -r v nch no ,■ athority wan ever obC' II . a8 I know, and those oponin«H ar« ot. ...-turl to ,.« above ntated. Ne>!otiation« are now ponding with re, ..onoo to the op«aina of St Joa.Lii St«*» ;nto tho Park, and also what is known a« tho QueonTl^, k .r . I It s Un versity W m Maolonald. J.s,,„ ia herewith enolosod for thu information of yourself and of tho other memb.r. of tho Sub-Conunittee; alno. a copy t tl" leaaeanda^'reomontof liith July, 18a;,i. . » i-opy or jif YourH trnl\ W. c;. ^IcWILLTANS. CXVIII. The City Clerk, Toronto. Touo.VTO, April Kith. 1«S *. rolltrJJ'*'" '''""'y''"^ ''y ^''« ""^rd of Trustees for the University ot To. ronto to communicate to you the following resoh.tioa of the Board : "That in view of the appropriation rc.jntly made or proposed to be made by th- Co poratjon of the C.ty of Toronto for expenditure in what was r.,.,.„tiy faC twLuha!:^ •, " Bur«arb.re,ue.t.., to ca.l the attention of tho Mav ^t the fact tliat the ea,e mad. between tl>.. !atc Bursar and thu Corporat.on "of the cay of roronto. dated the 1st day of January, 185'J, has been cauLled by Jud^ raent of the High Court of Justi-sn." ^ ^"'^*^" I liave th( honor to be, sir, Your obedient servant. John Inoin, Etq., Chairman, Committee on Property. J. i;. BEKKELEY SMITH, liurtar. CXXIX. ATT0RNIIY.0BKI5R.iI, ex rcl SMITH V. THK CITY OF TORONTO. Hit Wonhip the Mayor, Toronto. ''^''"'^ 2®"^' ^888. Mv I)K.„ M„. Mayor -In accordance with the decision arrived at in our oonversa- .-p-y_ a^o, . ,,.i„,.src{«;. maut,- appucaiioii to the Honourable (iiiief .Iu=-i-e 5 1 1 If i| , ! 66 MEMO. Armour to extend the time for appealing from the judgment pronounced herein by tlio Honourable Mr. Justice Btreot on the Slst January last, whereby the lease from David Buchan to the City of the 49 acres included in the Park and Avenues wa,B declared to be forfeited for breach of the City's covenants therein contained, and directed to be delivered up to bo cancelled. It appeartjd from the aflidavits filed in answer to the application, that this matter has been pending since 1883 ; that the action was commenced in February, 188(5, and the Statement of Claim filed on the Kith of March in that year ; that no Statement 6{ Defence was put in on behalf of the City ; that in June, 1880, a motion was made for judgment aa on default of defence, after which considerable negotiation and correspondence took place between the authorities of the City and the University with a view to remov- ing the causes of action complained of ; that in December, 1887, during the pendency of those negotiations, tlie City gave notice of an application to the Legislature of Ontario for an Act declaring the Yongo Street Avenue a public highway. The University authorities took umbrage at this, at once renewed their motion for judgment, and succeeded in obtaining final judgment on the 3l3t of January last, as above stated. The time for appealing from said I'udgment expired on the 2nd of March last, unless extended by the Court or a Judge. Upon the affidavits filed, the Chief-Justice was of opinion that the City had been guilty of such negligence and delay as to disentitle them to any indulgence, and ho therefore refused the application for leave to appeal. I cannot recommend that any further or other application be made for this purpose, as I feel satisfied that jt would be unsuccess- ful, and would only involve the City in further costs. The result then is that the lease is cancelled, and the property reverts to the University. If the City desires the Park and Avenues to be kept open to the public, fresh negotiations should at once be entered into with the University authorities, and I cannot too strongly retjomuiend that this be done without further delay. It is, at all events, important to ascertain upon wliat terms such an arrange- ment is possible. If the conditions proposed by the University are not reasonable and fair, it will be proper to consider whether the City should re-assume the burden of maint '.ining this property. Yours truly, C. R. W. BIGGAE. CXXX. MlMCTKij OF CITT COCNCIL, APHIL 30th, 1888: Aid. McMillan, seconded by Aid. Gibbs, moves that His Worship the Mayor, Aids. Irwin, Hallam, Maugb-n, Roaf and the mover and seconder of this resolution, be a special committ.ie to confer with the Hon. .the Attorney-General, and the Uui- yersity authorities, with regard to the keeping open of the Qneen'a Park and the Avenues leading thereto, and i report to this Council the result of their confer- ence at the earlirv?) moment, and that the iJSrd and 35tli Rules of this Council be dispensed with so far as they relate to uhis motion. Cr,rried, with the addition to the Committee of the names of Aid. Boustead and Baxter. ATTORNEY-GENERAL r. TORONTO. G7 CXXXI. PABK AND AVENUES. John Vltviru, Esq., City Clerk, Toronto. ToBONTO, May 11th, 1888. ^nr,",,?";""^ ^'^ ^"^ ''"i°™ ^'°" "'''* '^^ »""'! '^^ Trustees of the University of iuonciay nest. 14th inst,, at 4 p.m., at the Board Room of the Buildine and Loan AsBocmfon, corner of Toronto and uourt Streets. I have writtTto the Honor able the Attorney. Cenoral asking him to attend. ^""^ Your obedient servant, J. E. BERKELEY SMITH, Bnnar. CXXXII. CONFERENCE RE LEASE OF QUEEN'S PARK AND AVENUES. On Monday afternoon, May 13th. 1888. the Special Committee of the City Council to leCnl"i:;lte^7H'°' ''^ ^^^ °^ ^^'''"*° University i^reWc K. tne yueensParkLnase. The meeting took place in the Board Room of the Buildmg and Loan Association, on Toronto Street. Those nresent forTh« r f were: Mayor Clarke. Aids. Hallam. McMillan. Baxter Ir^r Rolf Gibb^' J Maughan City Solicitor Biggar. and Assistant Clerk Li tT^oh^ For u'eUnf verity: Dr. Daniel Wilson. Mr. John Hoskin, Q.C.. Dr. Lamt" W Smi^h M ' A. H. Campbell. Solicitor Wm. Macdonald and Bursar J. E. Berkeley SmUh Sir f;''^^^^*^*^'^ "^-* they were present to ascertain upon what terms the Lease of the Queen's Park might be restored. I'a 1^'^r f ^ '• /°"' °' "'" ^'^"^*^^^ "« P'-«««"t' *"d two others. Col. Gzowski and Mr. Justice Patterson, who have taken an active part in ths matter ar« XTast m r\ ^.^ ''°"' *'°"^'* " ^^^'^-^^'^ *''^'- wLt ; 0^03 onth of the Parked Ih/; ""^tter.ow stands, the Board of Trustees are posses ed oi the i-ark and tha Avenues leading thereto. We are TnistPB.. i.,af fi, Lttt- "^ T ''?r '''' •'"^ °"''" >'-• No u^io^n Ts^ i-^en?^^^^^ nto this question at all. It may bo as well vo know two things : We des re to r^eel the City fairly-as fairly as wo can. regard being had to th 'duties impo ed upon «% ]z Za^::2:z' ''-"'r. ^^^^•^^^-^ *^- "'^^--^^^^ that the'firre Jlf. wT-r tt^.'^t the University 19 not in a position to give away any of its es ate While wishing to deal fairly and equitably, it is just as well to Zw tha ^.s question comes down to a matter of dollars and cents. You nrlTZ wel any necessary explanation of this matter, and in the meantime if you have .inv proposifons to make we shall be very happy to consider them. W ha" met you the very first opportunity w« h«.rl n.,. ti™.j j-._ . , . """"^''^ "^et you «,««,„_* "" . " •-•■'*' -t at.-c3 not meet leguittiiv and the fer.....c to-day. I reserve any explanation of the position we talw. and I hope we Hi ,1 t\ m 1 1 j 1 n \ 68 MEMO. shall he able to come to some amicable arrangement. The IJniversity received no benefit Irora the City of Toronto, aiK^ its very valuable property was a gift to the rich City, I want you to bear that in mind, and wh%n you are tlioroughly imbued wit'i this I hope you will be able to show that we are acting justly towards tiie City of Toronto. We are all citizens of Toronto, but at the pame time we have to discharge our duty to the interests we represent. IMayor Clarke — Are we to understand that the University will not consent to a renewal of the Lease on the terms existing before it was cancelled. Mr. Hoskin— Yea. The Mayor — Well, what proposition have you to make to us that we can carry to the Council so that the people may tujiftin be placed in possession of the Park and tlie Avenues ? Mr. Hoskin — It is not desirable that we should show what action we propose to take, because we do not know w^iether yQu are willing to enter into an arran'ie- ment with us. Then whatever we do has to meet with the approval of the Gov- ernment, as all we do has to get their consent. The matter has hitherto been left in our hands. They have been advised of the steps we are taking and they have not thought fit to give us any advice or suggestion, and we infer from that that they have no objection to our action. I am of opinion that if we went to the Government they would say, carry out your trust and after you have come to some agreement come to us. I think they will be ready to endorse our actions. The County members would have a leaning towards the University. They would see means whereby the assets of the University can be made available for the furtherance of the University's work, and it is noi the selfish thing to say that our action is to the advantage of the country at large. Are you prepared with a scheme that involves dollars and cents ? The Mayor — We are not authorized to make any definite arrangement, and, of course, we cannot come to any decision until some proposition is submitted to the Council. - Mr. Hoskin — Well, I may tell you now, as it has to come sometime or other, our suggestions are these : There are three avenues, two leading ones and a shorter one, and I propose to divide the scheme into two branches. It has been so con- siderid by the Trustees. Probably we may take the avenues first ; the Queen Street and the Yonge Street Avenues and the smaller one leading toBloor Street. These Avenues are vested in the Crown for the benefit of the University with all that that means. The land is theirs, the right to use it is theirs, and no question of user of the Park by the people can arise, for, as your Solicitor will tell you, the right being vested in the Crown, no rights can arise adverse to the Crown. It will be well if we can devise some scheme whereby friction will be removed and the (juestion placed beyond dispute for all time to come. Our suggestion is this : That the matter of these aveuuos and the intei-ests of the University therein shall l)e tlie subject of arbitration ; that the City shall take them over out and out and pay wliat may be determined upon by arbitration. That will enable the City to deal with all Uiose who front on those avenues. Many are under the supposition that they have the right to open their gates upon these avenues whether the Uni- versity is willing or not ; of course, they have no such right. Some have paid for ATTORNEY-GENERAL v. TORONTO. 69 the pnvile-e while others have neglected to do so. We thought it better that the City sliouKl take over these avenues and make arrangements for their maintenance and arrange with tho property holders. They would then be under the control of the Corporation. With regard to College Avenue, we thn.k that ought to be open to the City. As citizens of Toronto we cannot shut our eyes to the fact that this 18 one of tho main arteries of the City and ought to be open to the citiviens This IS even though we cannot come to an arrangement regarding the other branch- - the Park proper The other branch is this : That which relates to the Park itself I do not know what the acreage is, but roundly, I think, outside of the Parliament buildings, It would be about 25 acres. Wo are speaking now of all that is embrace.! in the original lease except such portion as may be appropriated by the Govern- ment. It is probably from 20 to 25 acres. Whatever was embraced in the old lease when it was the Queen's Park we wHl call University Park now, as it is Queen's Park no longer. Whatever the old lea.e embraced is now to be the subject of arbitration. Wo all know these 25 acres are very valuable. Without wishing to ca.^tany reflection upon those who made the agreeement, the University got a very poor return for making over to the City this valuable asset. The Mayor-It was not very valuable then, though. Might I ask, whether in the event of arbitration, allowance would be made for the money spent in improving the Park and Avenues. Mr. Hoskin— Well, tho money spent upon the property was not 2 per cent Alderman Baxter-Is that looking at it for speculative purposes or for Park purposes. Mr Hoskin-We have discussed this, and have come to a reasonable conclusion and oni3 we can probably with little persuasion induce the Government to adopt This 18 very valuable land, because it is immediately available for first-class residences. We think that that parcel is worth at least 8500,000, which, at 5 per cent., would be 925,000 per year. Of course this would be very nice for a poor University, but we do not propose to ask it. As trustees, however, we think we would be perfectly justified in asking it, and indeed upon the terms we are now about to propose, we are liable to be accused of 8"J - aV->- =* " you can get money foi in England, whatever the current rate may be. We are prepared to take tliis bond so as to make it light for the City. As to the other, ii iiU 70 MEMO. ■ t ■> i t J • <• i'l i f Ave think wo have made a very fair and equitable proposition. It is not a Relfish arrangement, ahd it is just as well to come down to tJie subject — dollars and cents. All Alderman — That is evidenV Mr. Hoskin — There is no use raking up past grievances. The conduct of the City towards the University has not been very considerate in various respects, but I do not want to create any irritation. Of course an attempt was made to get through the Legislature a Bill to expropriate the Avenue. The Mayor — Excuse me, Mr. Hoskin, but we have to-day made a rigid investi- f/ation, and we cannot find where the late Solicitor obtained permission to put an advortisoment in the Gazette. He claimed that ex-Mayor Rowland and Alderman McMillan had given him instructions to do so, but Alderman McMillan denies and states that the Council had given contrary instructions. Mr. Rowland also denies having given tl-nC instruction. It was done without authority. Mr. Hoskin— However, with regard to bygones, it is no use going into them. Our friends, Alderman Hallam and Baxter, may shake their heads at the sum mentioned, but place yourself in our position and any real estate agent will tell you at 6 per cent, that property would realize us from 830,000 to $40,000 per year. That is not a very large sum for the City to pay for such a handsome property. Many difficulties would bo removed. It Is just a question of keeping up the roads, which is not very expensive, and you will be getting an ever incret sing revenue from the property. Of course, it is youf desire to make the best terms with us, but I ask you iii all seriousness to takfe into consideration the object we have in view. It is for the benefit of your sons and for the benefit of this country at large. It is all the University cftn do to make both ends meet. The professors are very poorly paid, and the chancer are very slim that the Univ<;rsity can meet its expenses. We think honestly that we have put o'lr terms very low. As to the avenues, of course you cannot object to our proposition. You can select your arbitrator and we can select ours. We do not think the Govern- ment would sanction our making any other terms, and I think they are very reasonable. I hope you will be able to see your way clear to deal with us. We would prefer this to taking over the property from the City and dealing harshly. This is a painful case to the City, and we now make you as reasonable a proposition as was made to you in the year 185i>. I am authoriiied to Ba> that these are the terms. Of course there is the arrangement as to gaies upon the Park property. I do not refer to Queen or College Avenues, as they will then ' e pubhc liighways, but I think there should be gates at the Bloor Street Avenue and bjule- varda there. That, however, is a matter that can be dealt with after. The Mayor — If the City agrees to enter into the arbitration, would that be upon the preseut position of the avenues, or would anything be allowed for the money expended ? Mr. Hoskin — If you talse the money expended and take the value of the property you will find that you have not paid 2 per cent, upon it. I want you to mention shis one fact, take one avenue alone — Queen Street Avenue, for instance — thft*i is about 3,000 feet and about 150 feet deep, and is worth at least 9180,000. We ATTORNEY-GENERAL i: TORONTO. 71 cannot shut our eyes to that fact. It ig a very valuable estate for the Univer Bity, but we are quite prepare.l to leave the matter to arbitration, and I do not think you will find that we are unreasonable if you meet U8 all round. Dr. Wilson-Allow me to say a few words about fences. The public have entiivlv lost sight of our claim, and the City has aLa failed to realize. The Park is not part of the original endowment, but was actually bouf^ht as a sito for the U.iiv, r sity. Now, It 13 quite clear that persons havin- back yards extending to the avenue have no right to make a T.ontage on the avenue any more than upim .uiy other property. Now, take for example Grenville street. The back vards of houses there face upon C.-ege (or Yonge street) avenue, and those partien pro- ceeded to build and open up upon our private road as if it were a public street It could not be right that the City should take f ..t av.nue and allow us notl-.in.*- in return. On Murray street parlies were about to lay out propertv . '...ttiu- on the Queen street avenue as though it was a public highway. It must be clear t'hat It cannot be to the interest of the City any more than to the University to en.ihle parties So double the value of their property by opening up upon the Park avenue ut the same time I hope that the citi/.ens will fully realize that there ou-ht to he no antagonistic interests between the City and the University. Take for "example Cobourg, Woodstock and other places ; they have offered to pav large sums to trv and get the Universities to remain with tliem, and you have got the leading University at your own doors. You have its revenue expended in yourCitv it. students and professors bring to the City a very large amount yearlv, inmdre.ls of families having settled here on account of the advantages offeVed by the University, but up to this time we have found no encouragement from the City corporation. We hope that you are now going to take more interest in and assist UB. I tnink the proposition that Mr. Hoskin has laid before you is very fair and just. You will find that you will be, able to obtain a verv fair revenue from tlie property holders in that neighborhood. Altogether I hope that a friendly arraiwe- ment will be arrived at. - " Alderman Ttexter-It struck mo from the foregoing remarks that were made by Professor Wilson, that a hypothetical case might be given. We appreciate the . ind words and appreciate the desirability of reserving this University with all its advantages m our midst ; but supposing that we can show that from no fault of the Corporation has the present condition of pffairs been brought about Gentle- men of the University, what have we done? Wherein have we transcrresse.l > And supposing we did-seoing that you are Trustees for the U n- -rsitv and 've arc Trustees for the Citizens' interests -wliat is it that you now Ihid fau'lt with > And supposing that we can satisfy you on that pou:., would not that be fair ? Mr. Hoskin -Gentlemen, I have already expressed to your Committee the position we occupy. We have certain duties to discharge, and our duties are set fort!, in the statement I have mude to you. I do not think the City ise.iit.i-rTed tjTuVv" consideration at our hands. It is partly a desire to meet yjwu in a friendly spirit that has mduced us to come down in this way. There Vs none of us persouallv interested in this question. I am sure it is not a very pleasant task that has b"en cast upon our shoulders. It is our duty to do as w.; hnve do-e »id «.-« S.,,- , endeavored to shirk it. We are not in a position t^ make any terms other than those proposed, and I say again, that if sold, the pro]^;erty would realize us 540,000 .■*■■ \ i\ Ir! V r * r72 MEMO. per year, and wlien we come down to take less than one-third, we io very fti.ly. As to the nibda of payment, we liave agreec to take payment in the w ay intiraatod. thus making it very easy for the City at prt^wnt. Tlie Mayor— Wliat about the position of the I v k north ni ■.!; . Parliament buil.!- inga ? Mr. Hopkin-We based it upon 25 acrao in roiijitl ''s^ures. li ii,e C ty th-.ughi it desirabj. .;> <,nter into a new arran-. nont and take north of the roaim satisfied you have not spen: me pf.x cent, of the value of tbe k n>!. I suppose that might as to expenditure ar ,, value, however, be taken into consideration by the arbitrators. They would . , bobly look upon the question as a whole. *i « The conference 1! en adjourned. .Ai*.*-'** \..»mili>' intimat' fl. ent buil I- th'iUghi it '•• 'iHve nbobly