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Les cartes, planches, tableaux, etc., peuvent dtre filmds d des taux de reduction diff^rents. Lorsque Ie document est trop grand pour §tre reproduit en un seul clichd, il est filmd A partir de Tangle sup6rieur gauche, de gauche 6 droite, et de haut en bas, en prenant Ie nombre d'images ndcessaire. Les diagrammes suivants illustrent la mdthode. 1 2 3 32 X 1 2 3 4 5 6 STATEMENT OF FACiB WNNEOTED WITH THEB ISSUlfi # DEBINTURIS UNDKR , x*-A.'\^ asro- xie BY im TOWNSHIP OF BAYHAiM, WtT« WFIOAVttt, «C. soiiiTTsimiZEri^ WILSON & MATHiSOK, tmmsD AT rm "bribbh cai 1865, 1^1 of Canada du Ciii'idii Canada ■tne loan. OoippaQj pany intc STATEMENT fmi be Leoauw bv Act of Pakuameot. ( '/^Jll^ year 1854, a number of pei-sons in thp T^. w ., of %ham agreed together to form a Jc^nf I T??^'^ pany, for the purpose°of construct Lg a pSnk and'r^'"'; Road, tQ connect PortBurvvelJ wf/K 1 • ^^*^^^ ; the Northern boundary TBavh^^^ runningii^om were taken to havp Jwi r^ • Ingersoll. Steps nameof 'TheBX^PJ k'^^^^^^ mcorporated by the Council of Bayham for a loan of ^5 nnn- ^ ^"»W»1 the Company m com nVffn IV • ',^' ^ order to assist July 'MriJli^T!^''^^}^^'^ '^'^1'^'-' and on the latof Si'mo'nly byW to tt" "","^ P-visiont'sibf ,9nd a flret morte-alt , „ fh ^^"""Psny for negotiation, tleW? %,!■ '''"'^^'''Pr'' ^«"'"« the repayment of del J^:Mv fSrfe^f'y. ^^^'?^T''^ ''^ sujtticient to mept'tli« fii^f " ~ l-i"=u«uv;c ui wxiich a gum paoyinV«^f;ft^Sj-^tS:*« «-• 4 The Companj^ had let out contracts for the building o the road, and with the proceeds of the debentures, added to the amount paid in stock, the road was soon nearly completed. Twelve and a-balf miles of it were finishedf, planked and gravelled, and the remainder, about three and a-half miles, (the whole length of the road being 16 miles,) was graded. In these operations there was properly ex- pended, as appears by the books of the Company, wet' and above the proceeds of tJie debentures, a sum amounting very nearly to $6,500. The contracts were for sums consider- ably larger than the above, and by reason of the subse- quent failure of the Company the contractors lost heavily, a large portion of the work done not having been paid for. In 1855, when the funds at the disposal of the Company were exhausted, an application for a further lotiu of £4,000 was made to the Municipal Council ; a vote of the rate- payers of the Township was taken as to granting this loan, and resulted in its favor by a small majority. A By-Law granting this second loan was subsequently passed, and debentures to the amount of £4,000 issued, and delivered to the Treasure!' of the Company ; but before these were negotiated it was discovered that the By-Law had not been advertised for a sufficient length of time, and that conse- quently the By-Law was illegal. The debentures issued under its authority were accord- ingly delivered up to the Township and cancelled, and a second meeting of the people was called to vote on the proposed second loan, and the vote resulted in the defeat of the By-Law by a majority of about thirty. There is most positive and unimpeachable evidence that these tvx) meetings held with reference to the proposed second loan were the only meetings called to express any opinion of the ratepayers as to the propriety of the Township taking STXXJK IN, lending money to, or issuing debentures in favor of the Road Company, or assisting the same in any way whatsoever. Duildin^ ties, adued X)Q nearly re finished, b three and ', 16 miles,) operly ex- Tj ovej- and nting very 8 consider- the subse- st heavily, been paid 5 Company of £4,000 f the rate- X, this loan, A. By-Law assed, and . delivered hese were d not been ihat couse- jre accord- led, and a ote on the the defeat There is these tux) K!0ND loan opinion of lip TAKING s in favor any way 8 The Companjr being in want of funds to pay the con- tractoi^ called m stoct, and sued several stoclfholders who neglected to respond to the calls, a number of judgmenis were obtamed m favor of the Company ; but in ^one of the suite instituted in the Division LJt in Bayham the ?ared'and ,^,,9^^?^"^ J>7g P'-operly incorpoW was feir Tl? '' T^ judgment was given for the de- Jendant Ihe question involved was, whether there had been a sufficient amount of stock subscribed to entitle the U)mpany to the privileges of incorix)ration under Statute 16 Victoria, Cap. 190, as it appeared that the Secretary ot the Company, without any authority, Cas was subse- t^T^JTf^ I^ad stnickoutthe name k^ Sto'kholdet who had died, and the amount subscribed was thereby made to appear le^ than £4,000, the sum inserted in thi S^n?»,* n^''''^ *" H*^' ^*^*"*^' ^ ^>^'"g the capital stock of the Company. In consequence of this decision the operations of the Company ceased at once, and have "; ver nn tl "fl'T"'"^; i,^r afterwards the second coupons on the debentures feU due, and the debenture-holderai^ phed to the Treasurer of the Township for payment but were informed that he had no funds on^andZ thl re- demption, and that the debentures together with the coupons att^hed thereto were illegal ; siSce th^ time ' ! fc ^^7 continually refused to pay either principal oi^ interest on the debentures, and allege, as an excuse for non-payment, that the By-Law No. ifo under whrhtht; were issued was illegal, inasmuch as it reserved no sinking niND for the redemption of the debentures, making them a charge on thegeneral funds of the Township instladTf Kt"^. -/Tr^ " '"^''^"* ^""^ ^'y «P«^i^ rate, and did not recite the amount of rateable property b the Township according to the last revised assLmen^ roll^ ^^if^'^lT^^^'"' f.^ therefore without remedy unless Anthony Scealey, purchaser and holder of debenture >ir;: the representatives rf Joh?, Vf i/^^T ^'"""'"' »g*i'«t responsible tor the amonnt ^f II ^J"?'','"^ his estate for want of emiu- iCwttrJ^ ■ ""* '"" '•™i*e(l' that the debentnS '|,!h i„i * '*'"« """'''« to show »Srt,-C^??7S;:^i:^^ four, a Joint sS^kro^ptrwi^'"' ^T*^''^^' ^'l ™/ Bayham,Richn.o„d:„Tffi C^Xlf^fp^Tr^'^ *« —that stock was subsoiihwl 7ll, T 7 ■ P^O'i ..i. alter suits at law werHL^ted ff r'"*'*'''*''>'*''<''^.J»i paia*cn-ptionsorst::.Trslei-^15^::^^^^^^^^^^^ I BiJl in Her anada, against'' Treasurer of ing his estate wnture which '^ ' ^vas dismissei^'T al)Ie toshow'^'f o he good '-»t was JaigeJy^^f addressed to "^ he foJlowing t ratepayers '' nty-fifthday"' d and Fifty, tninated the 1(1 Company ount offour r^ f said stock 3 Townsliip ; 't'ny, which ' oan to the\ the Direct- ' [was forth- , ' and appli- 'Vfoi' the^. e Council 3ur thous' per cent., 3urity for were sold, it twenty- )ended in 3ly there, sry of un- nd' upon .j:n the tnals an ilJegahty wa^ discovered in tlie formation or the said company, anc) al8o in the issuing of the sac dt bentures, in consec^uence of which the progress of the road " We,, the niKlorsign..,!, tlieivfo.e, beliovinff timt the said Conncl issued sa>d deLentures in -; ,od faithran dthat Se amount thereof should l« rabd l,v ta..atiou upon e,«tt -^ able property of the sai,! TovvnJap of ]Lham, o that the many wjfi not (eel or realise l.ut a little of tl I urtiZ' now bemg borne, or about to be bor.^e, bya "«,' w" therefore, most earnestly vvtix vour TTro^,„.,l,l. it ^ ' SO Whze the said By-ll J oAlSd « ^^^ S~ said lowiiship of Bayham, passed on the day of A.D. one thousand eight hundred and fifty W the i«, ahsed l,y the said Directors for the, ,ume, togethei- with simple interest thez;eon, may be njade colle^^tahJc b - tlx. hamT" tlie rateable property of the Township of ^ (Signed) J. M. GKAIIAM, and 303 others. ' ,', this Petition becoming useless as iar as tJie defendants weS concerned, w^ not further ]v, v -eeded with. mad^r » ^'^^j^*f ir^^^f ^J^<^ y^^ 1S04, an eftbrt was ^^h th^ r^\ "" i'^" , (lebenture-holders to compromise with the Councu Bayham, and a By-La^v Ko ^>i(5 w«« introduced. Prev.o, 4 to the submiion o^Ss By-lT dnll^ff TTT^^"' P^'"'^'"* ^<^"^<^^"l^^i^« ^^•^'em it their duty to place before you.suchikcts as iixive been prese ted i^lll^ 'TTf ^ """^ the .deben;;;;i^cS*1. ;,: spnt..l ^.i-'n^''^^-?^^^ avvare that a Petition was pre- d^ sented to this Council on behalf of holders of certain d^ bentnres issued under the authoiitv «<• R,. t »- passed by the Council of tl,;7'lv! \- • ^f*'' ^°- "«. asking tife <«sL^"croj1hil L T-'*'''' '" *''* >'^«'' l*''* ising of said BvO^w No n f T' "' P««uring the legal.' I>«ed to the agent of the'bondholdm tha f .. ' ^''°- sideiablo reduction uoro m„.i . ' '""'^ '"** " some con- would consent to avTh.7»" 'h"""""* <=l«imed, they Bideration, i^" thfonfy te, g^& ^erfoT 'V""' '^^ proposing a By-Law for tlfe 'S.t^«, nA,-? J'T''"' ''^ on the bl^is pronnsed bv ^.i,! a ' w" . *"' ''^'^ntui'es No. 216, post'ed rtil^Si^a- 7« ^^^^ %-I^w "Many and contradicto.y ren^,rneW;^- ^T.'^H' may be well for m tn «tofo <■{,„; Vi ,"<""?"" emulation, it that said By!lv ^T^JtTl^1u^'2^"\'^^-^^^-'i time when no prov lion'^^ ^ ^^ ,*''*"' '^''""<'" «* a the same for the ZnL/"'^*' '" ''"" y examination of thp Imnto ^+' +i' j i5nd that the said comnanv^^^^ road company, we above the proceeds of ^e H Jh . ^ expended ove/ and and that th^e rntrL^^^^^^^ ^^^ '"°^ of $6436.10, Having submSThrp^^^^^ largely on their contracts. J a legal opSrwVhnvrf^" ^I"^ ¥^^ ^ ««"«sel for .1 ''^, ^"^ i^fle nrsi year, naturallv • - the amount, a r.«;ri ^«- •'^ » "aim any the amount is paid off gi'owingless aa AW No. 116, 3 year 1854, ng the legal- I debentures ective. Council felt I the great '») in rejecfc- * But pro- ' some con- aimed, they r your con- known, by debentures see Hy-Law Township, •culation, it 3Stablished uncil at a mbmitting is By-Law hat subse- val or dis- hes sought ipany, we over and ^6436.10, itracts >unsel for is every collected be paid Qth mills ?less as " Should Parliament lefralize the olrl Uv T n«. *i,^ ly si f'*" et ? ^■'- "• T"',""''"e t" ««.«0<,, making tt the doUar wonld be required, leaving $4,000 tcW«„„ worth%nrlJr.:if;ai™ldln;;fc ma; seem ^ *" '"^ ''"'"^^^^^ ^"^^^^* " We are, Gentlemen, your most ob't serv'ts, ''X W. DOBBIE, Reeve, " H. STRArrON, Deputy Reeve " ALEX. McBRIDE, ^ ' " DANIEL ROW. «n M^ ■ " I>. C. SwAYSE, Clerk, l^ouncil Room, Bay bam, Dec. 20th, 1 864." Law, which even if conflrmpfl lur f^l ^ i such a By- be put to the tmuS: o ;X on f "r^"'''^ "-"^"^ Mowed, and noti<. ph^;:^*"^ l^ij^^ftf ^ 8 vote being as unfeU to thZ fJ P'"}^^^!} Sgainst the either for or ao-ainst thn n,-T *'^"*™ *« do iioth his was negatived by the S™ ^^ ' ^^'"^^ LoldL being t^ef V 'su n,^'"^' *!" ""-' '^''"*^ «'' the evidence to ?ebut t e stateZ ?' ""V"* P''''P'"-«'l "'itt Toivnship, the Bi]] w,! . ? ? ""'^ o'' "^"Wf of the Bills ooi;„Ste-r Vc STi "s"?' ^r *'- private! opposes ot; the 4 tt'fcS "^ taknig stock in the roflfn,<.,)i,„^ ' *'"' lownshp against lly a very ia gemtoril K ^ '*"?<' ■™' ^^ted By-Law contrary to the wiahe, n/t , P""^ the then Deputy Reeve was\ In, ! " P'^P'^ ' that the of the Cln, ,anyT th^tW tfd Tv" s iS t "' ^f "'^"* was run so a, to benefit tlir,.e of tl e f ■ -i '""'5''' '""^ By-Law tva, passed chmZrili, V?, "''l''"'' '' that the Townsliip Clerk was t * T' ™.'' *''"* M'- Hatch, the unless hi k^tsee«t~"i'^^^^ from office alleged that the Pet t onCC ^"^T '' '™ '"'■ther a-id-p,u-ci„«ed tifdX; u « i T-'''*^r* *'>^'' t!-'!^. allegations are utterly S'i I l"*^ ^'''*' *^<' affidavits.. ^ ''""' ™" appear by the following wilUroncrZI^.It.'eaT-^'^i^ ^'"^-'''P ^'^ ^arham -d to that X-o^^«^'roK"7h*'"™"''-'4'''-i paying plank road runni g from Llll to't? l^.r'^ boundary of the 'imi-„.(,r„ j ^ngersoJl to theAorthern tended ti meet thtro,,!'^' "f " -"^ P"'P°''^ '^"d &- iu^ ,. ..^^ '-"^ load, and eonfiniy^ iV L ,v -_, , oi tiie «aj ham, Richmond andPortBurwefi ^o aiidi-essed g against the Tested in the in going on, do nothing Ijno efforts the By-Law I introduced ents of the pared with half of the lie I^rivate part of the Township o the pass- and vbted lie Council massed the ; that the President eUed, and ; that the ^atch, the I'om office '^ iurtiier ese facts, lat these foUowinfif Bajham ?mplated :ood and 'J'oi'thern and in- rere, by Burwell 9 Koad Company, through to Port BurweU ; tnus openimr ud a market to a large number of the inhabitanTS^n Bayham and Malahide, who, but for what h^Ln doie 7J^JZT^' ^'"^^.^^ ^or a considerable ;^rS^^^^ year cut off from a market. The route of the road Da3 &oTtow'\"'^ 'r^^^ pan^ofWestez^cffi but the old Township roads were, as will be seen on refer ence to the accompanying affidavite, ahnost imp^ble for teams and at the present time, after eT^en^TivZ btt<TlTr' '^' ^"^? ^^ ^^^ renderTso mu^ better that loaded teams can with r . be driven on it whem formerly unloaded teams could scarcely pass. The ro^ lasted m good condition eight years, anLW where tW J^X7n''\"' ^r'^ l^''^' ^"^^'^^^ of benefit has^S The bndges built by the company have alsobeenTffmt benefit and savmg to the Township. ^ * The position assumed and capable of bpino- aaf ;«^o«*« -i tfte Bj».Law No. 116, and the debentures onder it, K^ the By-law was passed and the debentures ton«i^X '^«™7»f«^ negotiated and purchased in sSISith^ the behef hat everything was "regolar and C? wSlJ-t any suspicion or cause ofsuspiciof that theTd By^w subndtted l,7^f V'^uP^'^ ^"'^ *••« d«b«ntures. ^It S submitted that if the above propositions are true, it Z S'Sri "f.r *^* P''^^''* Petitionee a^ln. besides this <^ey a^lr^^W.^ Township ; bat 10 there was no meeting of the people held prior to the pur- chase of said debentures to condemn their issue, or any n^asonto believe that they were issued contrary to the wish of any considerable number of the ratepayer of this lownship ; that the company have properly expended in Wn T^T'T ^^*\' "^f ^ *^« «^«"^y« ^hich came mto their hands, and that the road has been of ffreat value and advantage to the Township. ^ 1 ^^i^^'^'^'a "^ P^^<^'CH}arly requested to the affidavit No. 1 of Mrs. Susannah Edison. Her position is exceedingly Wn f P T' *^^* '^"' ^^"^"3^ ^^' *h« equitable inL- terence of Parliament, as unless she receives that relief to which m justice and equity she submits she is entitled, she wiU be reduced to beggary, and the provident intentions of her deceased husband made totelly unavailing. A re- fusal of relief will be utterly ruinous to her, ancT scarcely less so to thu other petitioners, who have acquired by fruffal. ity and mdustry some small means most of which tfiey have invested in these debentures, thinking that they could have no better security than the honor and faith of a Canadian mimicipality. The character of these Petition- era precludes the idea that they had the least suspicion of any illegality or informality m the debentures or the By. l^w under which they were issued ; and to defraud them wn.!l/ K ""t^ ""l ^^T* ^^ P*^^3^ ^«^"i«^ objections would be. It 18 submitted, grossly unjust and contr^V to conscience and ^ood faith. ^ o^ ^ui T""^ affidavits are from some of the most re- nS 1 ^"i refpnsible ratepayers of the Township ac- qaainted with al the fa^^te of the case. A much larger "" ^^ Ox c*x^««vii^ iiiigiii nave oeen procured if thought necessary from other leading men in the Township to the same effect as those now produced. Several portions may ' to the pur- 3sue, or any ;rary to the lyers of this sxpended in vnich came great value Bdavit No. exceedingly table inter- at relief to ntitled, she > intentions ag. A re- id scarcely I b^ frugal* vhich they that they id faith of e Petition- ispicion of >r the By- raud them objections tntr^y to i most re- mship ac- eh larger : thought ip to the ions may 11 appear to be irrelevant, but are inserted to contradict the gi;o8s misstatements made before the Private Bills Com- mittee last Session of Parhament on behalf of those oppos- mg the passage of the Bill.— ^^ AFHDAVIT No. 1. County of Elgin, ) I, Susannah Edison, of the Township of Bay- lo-Wit: J ham, m the County of Elgin, Widow, make oath and say : Ist That T am now and have been for the last fifty years a resident of the said Township of Bayham, and am the widow o^Enos Sn aho*;,rtf ^t" ''l^ Township for over forty years, and whVd ed on or' aSHftyfive '^*^''''°°'^ ^"^ '^ ^'''^' '''' *'^°"«^"^' eight hundred ♦l,f vf; ^''''\?® said Enos Edison purchased in the month of July, in ourTJl ' ^^^^''^^'fS^\ hundred and fifty-four, Debentures numbers numwl'1: ^^^^V^'^f'g^t. issued under and by' authority of By-Law number one hundred and sixteen, of said Township of Bayham from and For? B • '^".^^p""^ p'" ^''"= P'-^^''^^"' °^ the BayhamrRichmond andPortBurwell Road Company, and paid him therefor he sum of seven thousand and five hundred dollars of lawful money of Canada^ in 3rd. I am satisfied that said By-Law was passed and said debentures knowllT'^' negotiated and purchased, in good faith, and without any knowledge or suspicion that said By-Law or said debentures were in anv s""aid" hira^ndT"" '"/f^- ^"•^"'"^' '' ^'''''''''' The characti TiZ^ said husband for carefulness in matters of business and caution in invest hafanv^r^ •' '' ''f ^T."" '' ""'' '^'' ^ ^^ ^'^^'^ that iJ hrhad had any suspicion or knowledge, or cause of suspicion, that said deben ML'rW ^ r' ^r ' ^f''\ ^'^'^ ""'^ ''^' ^»^««""ent, he would have t^terly refused to purchase the same on any terms whatsoever. fJlnV '^^^ v** ^T ^^^^onn^ade and published his last will and tes- fZh ZTaI^' thereby after some small devises to his son Thomw St, "'»•/* t^'^^'u'' ^ ^\'?^'^ '°" *^« ^""^ «f ten thousand dollars, to be pa d to him on his attaining the age of twenty-five years, and the nterest thereon to be paid him yearly after he should attain the age of proS*""' ^'''''' ^'^^ ^°^ ^''^''''*^ **" ""^ *^' '■'^^'^"^ 0^ his 5th. That the said Thomas Edison is now of the age of twenty-six --, .„j„..^.^ ^1 126 lu yay tu Uim HiS 8310 logacy. 6th. That unless the said debentures so purchased by my husband, and 7tVrV°'' ^fi^iyi^""'.'^ "''^ b«'?"««t. he legalized by an Act of the Parliament of this Province, or \ otherwise secured or paid to me ! ■ . the amount of abo1.t^ik thoui doJlt^^^ " ' '''"'"' *'"'°'^^ .«dB;:Lt™„rrtoi>/'j„iSpT£rna:jt bMoming stockholders ia Mid Con>ir« MiSLr,aij fS ^ °°" »y way whatsoover s.d I a» posi»." nTsu K f™?Z &'" lOlh. That shortly after tho doalh of mv said l„i»l,«„j ? • j o?S^tV^J T-r-f-d TownshTp'L'^ufa" vl Si' Seben^aiis baf th« rn' '«,PT'.";°f ^^''^^^ coupons attached to aS oeDentarea bat the Council of said Township have since refused tot)av me any further sum on account of said debentures or couZs nn ?K ground that the same were and are illeo-al coupons, on the by^y^^saS-ird &i^ bXJurtdirijr'"'"'™ q ^ ^ [Signed] SUSANNAH EDISON. (Signed! JACOB S. JONES, A Commissioner for taking affidavits in the Queen's Uenoh m and for the County of Elgin AFFIDAVIT No. 2. I I, Anthony SoEALEY, of the Township of Bay- J ham, m the County of Kl*m v«o«,„,. L oatn and lay : ' TorshToJlyr."*™ *" *' '"' ™= ^"'' ' -'-«" County of Elgin, To-Wit: of ■as Edison, and Id not pay one* ment thereof to y, and consider benefit to this i, travelling on grading done tern section of mmenced their with ease were and gravelled sight years, 7 to have said ion or persons i or purchased his Township I reference to n any manner Company in ng was held, d, I received iitch, the sum ached to said efused to pay pons, on the i debentures erson or per- ct illegal, in- EDISGN. nty of jSlgin. the Queen's 'Elgin. hip of Bay. 8 a rewdent 13 2nd. That I am the holder of debenture number three issued under and by authority of By-Law No. 116 of the said Township of Bayham. 3rd. That I purchased said debenture on or about the Third day of January, A.D. 1855, from one John McCollum, who was the Secretary and Treasurer of the Bayham, Richmond and Port Burwell Road Com- pany. 4th. That the said debenture had remained, as I am informed and verily believe, with the said municipality until after the first day of Jan- uary, 1855, when the first of the coupons attached thereto had become due whereupon the said municipality had removed the said first coupon from' said debentare. 5th. That the said municipality, after I had obtained said debenture paid me the sum of $40, being part of the interest due on the second cou- pon attached to said debenture. 6th. That before I purchased said debenture I was informed by said McLolIura that It was perfectly legal and valid, and I believed said asser- tion ot said McCollum, and I do most solemnly swear that I took and pur- chased said debenture in perfect good faith, without any knowled'-e or suspicion, or any cause of knowledge or suspicion, that the said deben- ture or By-Law was in anyway whatsoever informal or illoj^al, or affected by ap.^ informality or illegality whatsoever. If I had had the slightest suspicion that said debenture was not in every way perfectly bindin"- uiwn said municipality, and that my purchasing the same was a perfectly sate investment for my money, I would have utterly refused to purchase the same; but believing the said debenture to bo perfectly good and legal I purchased the same, and paid therefor the sum of over four hundred pounds. 7th. I most solemnly swear that before I so purchased said debenture 1 neither asked nor received in any way any legal advice from any per son or person whomsoever. I considered such advice unnecessary, as I had not the slightest suspicion that there was any illegality in said deben- ture, but firmly believed the same to have been legally and properly issued by said Council. tr r j 8th. I most positively and solemnly swear that I never heard unti' f"l'* m"" ^° P^rohased said debenture, that any meeting of the people ot this Township had ever been called or held to express any opinion in reJerence to the said Township lending money to or issuing debentures to the said Road Company, or in reference to the said Township taking st9ck or becoming stockholders therein, or in reference to assisting said Company m any way whatsoever. If anv suoh m(^P.i\n in ♦),. i .. mg paragraph of this affidavit were the 2 ^f \'? ^^^^ Ift preoeed- called or held with retsrt^no^tnlh.Wm .^ meetings of the people or lending monTortbenCst takin.sto^k'in Uompany. ^° ^^Z °^"«r way assisting said 16th. That at the time I so purchased said debenture as aforesaid, I t the debentures »d purchased ia luse of suspicion ever illegal, de- * this Township. iiffer great pecu- ad. ]t was in- from Ingersoll. »ny did thereon • A great part Tading done on ^elre and a-half i planked ; the lenced working 5 times of the •e very greatly )e drawn with in good oon- me very little ter amount of Fownship. ded all their t,000, and a >n being sub- )r of its pass- Council, who »d loan ; but By-Law was ereof, it was A second irwards sub- Jjected by a last preoeed- f the people ing stock in sisting said tforesaid, I 15 resided in the Township of Malahide, in the County aforesaid, adjoining said Township of Bayham. ^ [Signed] ANTHONY SCEALEY. Sworn before me, at the Township of Bayham, in the County of Elein this Twelfth day of May, A.D. 1865. * [Signer] JACOB S. JONES, A Commissioner for takinfr affidavits in the Queen's Bench, in and for the County of Elgin. AFFIDAVIT No. 3. County of Elgin, To-Wit: 1 I, Samuel Haight, of the Township of Yar- mouth, in the County of Elgin, Esquire, being one of the people called Quakers, affirm and say as follows : Ist. That the taking of an oath is in my opinion unlawful. 2nd. I am now and have been for the last forty-four years a resident of the said Township of Yarmouth. 3rd. I am the holder of debenture number two, issued under and by authority of By-Law number one hundred and sixteen, of the corporation of the Township of Bayham, in the said County of Elgin. 4th. I purchased said debenture in the month of December, in the year of our Lord one thousand, eight hundred and fifty-four, and paid theiefor very nearly the sum of four hundred and fifty pounds of lawful money of Canada. 5th. That before I purchased said debenture I was credibly informed and did verily believe that it was in all respects perfectly legal and valid and that the security for the payment thereof was of the best kind. ' 6th. That I most'solemnly affirm that I purchased said debenture in perfect good faith, and without any knowledge, or suspicion or any reason to believe that the said By-Law or the said debenture were in any way whatsoever illegal, informal or defective. If I had had the slightest suspicion that there was any illegality, informality or defect connected therewith, I would have utterly refused to purchase the same. 7th. In taking said debenture I verily believed that I was investing my said money safely, properly, and legally. 8th. I did not consult any person with reference to said investment, as not more than half an hour elapsed between the time that I was asked to purchase or had any idea of purchasing the same and the time thnt I did purchase the same, and I did not think that any advice was necessary as 1 had not the least 'suspicion that there was any doubt about the legality of said debenture, but I firmly believed that the same was in every re- spect correct and legally and properly issued by said Council of Bayham. 16 approval or disapproval of said BvT .5 ges. the time I so n T flrst heard jality, inform- HAIGHT. tb, in the Co. n the Queen's 'Elgin. '^BR, fonueriy 'yhaiQ, in th« Province of the Mecosta^ of Miehigan, id say : in the yeait issed by the id PoftBur- that said By- ret I was op- By-Law. Goal passage. >uncU; that ith this By- 17 L»w either before or at the time of its final passage, but that every matte- connected with it was fairly and openly done ; that I never hear, Mcrecy in reference to this By-Law enjoined upon Mr. Hatch, the the. tlerk of the Council, or upon any other person or persons whomsoever neither do I believe that Mr. Hatch ever was threntened with dismissal (as has been reported ) unless he did keep secret all or any matters con- nected with the said By-Law ; if secrecy had been enjoined upon Mr. Hatch, or had he been threatened with dismissal by the Council or an> member of It, unless he assented to secrecy, it would have been almosl inapossible to have kept me in ignorance of these facts, intimate as I was with Mr. Hatch, and occupying as I did the position of Reeve of th( lownship when the By-Law was discussed and passed, and I am most fosUiye that I never heard Mr. Hatch enjoined to secrecy or threatened with (Jismissal in the event of his non-complianco therewith. • **5" ^5""' x?^^®"\"Tf ^ *^® ^"*"""* of fo^r thousand pounds were issued under the said By-Law, and handed over to the Bavham, Rich- were sold by the said Road Company. eJt^' JJ''* I.b^l'f^e all the said debentures were purchased in pood I and for valuable consideration, and I am convinced from an intimate knowledge and acquaintance pf the parties who made the purchases that f they had either suspected or had the slightest cause for suspicion that the said By-Law one hundred and sixteen, or the debentures issued under It/tfnl!, ^^ °P Iu^°™.''il"''^ '''P'''^' *^^y °^^«^ ^O'^J'i have became the purchasers of the said debentures. 6th. That I am positive that previous to the passing of said By-Law number one hundred and sixteen, and the issuing of the debentures under It, no meeting of the people of the Township was either called or held tor the purpose of expressing an opinion in reference to the said By-Law I'lrlT'''' 'V^l '^.°^"'^'P '^^'^^ «*«'"k. ov in any way becomi,rg stockholders in the Bayham, Richmond and Port Burwell Road Com" pany, B.I'^Ill^!"'' -J n^ ?^'^'''' "^"^ P^'^P^^^ by John Burwell, of Port Burwe 1, m said County, a gentleman who was supposed to be able to draw It correctly, I am fully convinced and firmly believe that at the Zlf/' P'''i^"n' ''"'^. f i*^*; ^''''^"° of ^^^ debentures under it, the ^ZferSl l5. '°'' ''' '''■'^'^ "' ^'^ '^'"^'^"^ 8th. That the members of the Council in passing the By-Law were ?nh°SV''"A.^V''r '^ ^""'P'^^^^ ^^"^'^ ^''^ '^h areat boon to the mhabitants of the locality through which it passed and'be advantageous iv iiiv iownsfaip generally. 9«h Thatin the year 1855, to enable «,. "'impany to oomple'e ae 18 loth. That in respond to this second application a BvL.w w.. pawed by the Council, submitted to the people, apSbv a i^^^^^ Z^ jorjty. and finally passed by the Council, and debeZres to thr.moant* of four thousand pounds issued under it and offered fbr" ale 11th That subsequent to the passage of the Bv-Law .n.«i,»;.»« ♦!.- second loan an informality in the adverLment of f£, By L^S^f dt covered which made it illegal. ^ ^ ^^ °"* 12th. That after this illejrality in the second Bv-Law waa Hi«.ftr««j which had been issued under it were recalled. aeoenturei f Jw?' ^''"i " ^"T^ ^^"^^^ authorising the loan of the additional ^ni „T^ Pc;unds was then passed by the Council, submitted iSa people, and negatived by them by a small majority. m 11*'!; ^''1* ^ a^n certain that the two public meetings before referred to arc the only meetings of the people at which a votfwr» taken o^. decision come to m reference to taking stock, loaning money. giVnVdJ^ iT^lZll cLti:r' ^^^^^'^°^*^^ ^«^^-' LhmoJdf^Po'r^ « ,p , [Signed] J. P. WEAVER. in th« q*T *r M- y.'"'^' 'I Big Rapids, in the County of Mecosta in the State of Michigan, this Fifth day of July, A.D 1865. [Signed] C. C. FULLER, [L.S] Judge of Probate for Mecosta Co., Michigan U S and Circuit Court Commissioner for said County! AFFIDAVIT No. 5. ^^^tI^w^*"^'^'"' } ^' Andrew Ostrander, of the Township of Bay: 10- Wit : [ ham, m the County of Elgin, Esquire, moke oath and say : of Jh1-T?wtlVp"ofXyrai'"^'^^°'°' *'^ last forty years a resident yefrUsIatdTssr'"'" °' ''^ '^°""" °' "^^ ^^''-'^^P " »»»« Bv^"l■J*'''*K '*"?,^«'*7et'i«t previous to the issue of debentures under people of said Township was either called or held to express any opinion with reference to the said By-Law or with reference tJ the said W ship taking stock or in any way becoming stockholders in the Bayham Richmond and Port Burwell Road Company. ^ajnam, 4th. That before said By-Law was passed at was discussed at threa different sessions of said Council openly, and to the best of^ knowMS and belief without any intention or thought on the part of iny memblr a By-Law wai I by a Bmal] ma- B to the amoaot lale. aw granting the ty-Law was dis* was discovered, the debenture! the additional bmitted to the before referred ras taken or a ley, giving de< lond, and Port ^'EAVER. ty of Mecosta, >. 1865. ichigan, U.S., rsaidCoanty. Dship of Bay* re, moke oath irs a resident Qship in the intnres under leting of the I any opinion I said Town* the Bayham, led at three 7 knowledge uay member 19 of the said Council of keeping the said By-Law secret or unknown to any person or poraons whomeoever, and I distinctly recollect that during the •aid several times the said By-Law was being discueaed in Council a number of persons were present together with the members of the Council. 5th. That I was at 6rst opposed to the passage of said By-Law until I was convinced that the said road would be a benefit to the Township. 6th. That the said By-Law was finally passed by the said Council in the ordinary way, and not in any way secretly or clandestine!?, and I am perfectly satisfied and verily believe that the Council thought that the said By-Law was in every respect perfectly legal, and that the said de- bentures were issued in good faith. 7th I further verily believe that the said debentures were negotiated and purchased in perfect good faith, and without a-jy suspicion or know- ledge that the said By-Law or the said debentures were in any way efibcted by informality or illegality. 8t,h. I think that more than a year had passed after the negotiating and purchase of said debentures that any question arose as to their legality and until such question arose I never heard any person or persons express any objection to the said By-Law or to the payment of said debentures out of the funds of said To-vnship, 9th. The said Company had commenced their operations before said By-Law was passed, and they afterwards proceeded to gravel and plank by far the greatest portion of the road, and completed the heavy gradin'r on the remaining part. In my opinion the work done by said Company on the road was and still is a great and material benefit to the Township It 13 a road much travelled, and before the said Company commenced their operations a large portion of it was almost impassable for teams without loads, but after the said Company commenced the same portion cojild be travelled with comparative ease even with loaded teams; and also by means of the said road a large number of the inhabitants of the western part of the said Township have access to a market which other- wise they could not have reached during a great part of each year. lOth. The portion of the road which was planked and gravelled lasted m good condition for about eight years, and during that time required very iittle (if any) statute labor to be done on it. 11th. I am satisfied that in passing said By-Law the said Council was not influenced by any desire to enhance or increase the value of the pro- perty of any member or members of the said Council, but I believe the same was passed on account of the benefit which the said road would be to the inhabitants of the Township generally. 12th. if the said road were coi- ileted it would join the plank and gravel road running from [ngersoll to the Northern boundary of the said Township, and would on that account greatly increase the travel and business on both roads. •\l I il: i lip lilt. • t \^h. lu the year 1855 20 a sec 1 loan of £4,000 and 8u6,uittod to the DoonL »h« ^' ^ '^ ^'^ grant the same wa>read and it was suLquently pa s'ed bv tfri'lV'^'^'f ^? * "">«" "'«J«'^^ tbercon. I an. inforrn'ed'^ and verily bc^e^^ "'^ debenture, isBued covered in this second By-Law whLunf 1 «r« '"formality waa dis- debentur-s issued under tweT; reealled ' AZf"fl T"'^'^' ''"'^ '^' effect was shortly afterwardrsubSpdf. i ««°°"*J %-Law to the same «ame by a small majoriTy '"^'"'"^^ *" ^^e people, who rejected the the people of this To^LhiJ he d to ei^^^^^^^^ ?'' '^' meefngsof vote either as to taking dtSck n said ES r^ °P'"'°" ?' *° ^''^ ""7 to the same, or giving^hem anv I J f ^°">P«"J. or lending money way whatsoever. '' ""^ debentures, or assisting them in any made to Mr. Hatch the ther ^^2-,? *. • , ^"°^ ^^""^ "° threat was fered with the action of the said cLr.'r''*^ ZT'^^ '^'' '^ ''winter! «s Clerk, nor was any threa of a ' e nJ"""^^ ^T ^'^ ^"''^ «^^"«^^°n made to him to the best of ny belfef ' °' *^' ''^^'^ ^^^^^ «^er the'dt„tes^tuld'u7deS^^^^^^ same in perfect good fai"J and tiS^o^tanv"^^-^^ P^''^'^'^-^'^ »hf picion that the slid By-Law or d Khn.!^ '-P'""'" ""' *=""«« ^^ "s- ibrmal. This statemLti make Sn mJTnTi '" T^ ""V^^'^'^ *>''•"• parties concerned. ""^ intimate knowledge of the «„.. u P [Signed] Ax\DRE W OSTR * N ^> W l. ' I Signed] JACOB S. JONES, Commissicner for taking affidavits in the Queoa's Bench m and for the County of Elgin. AFFIDAVIT No. 6. Jst, That I ani nnv in^ h ' r i ««ident of the said TownsiuD of m^ht '^""f *^' ^^* ^^'^J y«»" a Council of said Townebrp ft eyo!^^^^^^^^ '^"^ "^« ' membe'r^of the TM asked of th« lie same waa read I small majoritj, Jebontures issued i)imality waadiV epealed, and th«i Law to the same ?ho rejected the eople mentioned the meetings of or to give any ' lending money ig them in any i By-Law nnm- ; no threat was hat if he inter- s said situation ame effect ever ns now holding purchased the cause of sus- y illegal or in- pledge of the 3liove that all 1 Company on ed on the said • the Queen's gin. )ofBayham, ike oath and lirty years a nber of the %t 2nd. I am positive that neither previous to nor after the passing r.f By-Law numbrr 116 of said Township, and the issuing, ncgotiitin- and purchase ol the dcbcntunts issued by virtuu tiioroof, no nicttiri»' of the people of said Township was called or held to express any approval or dit |»r)rovul ol ouid By-Law or debentures, or to express any oninion with* reterenccto the said Township taking stock or in any w:iy' becouiin- stookholacrs in or lending money to the said B;iyhnm, Richmoiid and i ort llurwell Koad Company, except as hereinafter stated. 3rd. From the interest I then took and the knowlodiro T then possess. ed of the Municipal affairs and transaction of said Township, I am pcr- tectly certain that if any such meeting or mcetin<;8 had been held I would almost necessarily have known of and attended the same. 4th. Said By-Law was drafted and drawn up by John Biirwell, Esquire ot I ort Burwcll, whom the said Council considered perfectly capable of drawing the same legally and properly, and in passing the saino I ani certain that said Council thought they were acting properlv and Ic-ally and that said By-Law was not affected with any illegality o'r inform'i'ility! 5th. I am positive that said By-Law was passed in gootl faith, and was not passed for the purpose of enhaneiuL' or incrcising the value of the property of any of the members of said Council, or to beneiit thorn or any of them pecuniarily or otherwise, but from a conviction and belief that the road proposed to be built by said Company would bo a material beDcfat to said Township. 6th. The debentures issued under said By-Law were issued nc^otiat- ed and purchased in good faith, and under the belief that the s;ano were in all respects legal, and so far as I know more than u year hud elapsed trom the time that the same were negotiated and purchased before any person or persons raised any doubts as to their legality or expressed anv objections to their having been issued. ^ i j 7th. The said Company had before the said debentures were noo-otiated commenced operations, and they proceeded to plank and cravcl the greater part of the said road. In my opinion at least two-thirds'of s:iid road were tuily completed, and the heavy grading done on the remainder of the road. 8th. In my opinion the said road was and is a great and material bene- fit to this Township, and would if it had been completed paid good divi- dends to the stockholders therein. It is much travelled and was intend- ed to have joined the piank road running from Incrersoll to the northern limit of this Township. It k much travelled, and were it not for what the said Company has done a great part of it would be almost impassable for loaded teams. 9th. The rout^j of the said ro.iil !=; m in this lownship, and was as I am informed and verily believe so considered by t'ohu Eraser, the Engineer, by whom the same was surveyed. 10th. The planked and gravelled part of the road lasted in good con- I. or two, » f„ „, I J, J „,XZb„ ,""= *»"« ty a majoritr of cne the Coanoil and debentures' is aed the™t7 ""t "=""^'4^ passed bt and the debentures issued ther„„7j "S-'-'aw, the same was roM«],y •o grant said Joan was Thortirafte " "r' T '"''■ ^ second Zl w =ega..„d the same b^ ,.3 :!^™* '"'""'"'^ "> tt» people^ wh! the„;ualwarnlb&,Xt»f,7 ^'T' ■•"«■«-. Council i„ to believe and verily do bdieve w£ 1 ''' ""."^ »• ^ I"™ good roasoa aombers of tha said Council o' 7'"""" ."V ^'e on the part ofT^ -me or -y proceedin'™c"o '^^dVL^ST °' "■="■■ '» oon"e whomsoever. ^ "^ laerewth from any person or peraom B..Z,aw and r verii, believe .hat lIu^^L^fetL'rrdr "" ^fo;5^n?r:d''tfst::t\ii't^"^^ Coinci before the same was pa^'d.*^ ^ ™"^'' =""="' «™» ". 3«.-a before ae at -he To c ™"^^ MoOTODr [Signed] JACOB ainwEg would have beea Township. iid not to the best was anjrthing de- thoy had beea is- ip. rose Wilson, the road or any part i exhausted the 3r a further Joan 2d into the said Jss their opinion ^iajoritjT of one iDgly passed by 3me informality le was repealed, second By-Law lie people, who n the last pre- >Id in reference 'en Council in e good reason ^e part of the > conceal the 'on or persons of any threat rence to said nade. ty-Law nam- ral timca in ty of Elgin, 'he Queen's llgin. I 23 AFFIDAVIT No. 7. County of Elgin, > I, William Veitch, of the Township of Bayham To- Wit : $ in the County of Elgin, Esquire, make oath and say: 1st, I am now and have been for the last thiity-three years a resident of the Township of Bnyham. I was Treasurer of the said Township from the year 1850 until the year 1856, and was also Treasurer of said Township for two other years afterwards, when I resiirned said office.— Dur"- > the time I was so Treasure, I was well acquainted with the mu- Dicipal affairs of said Township, and took an active interest in the same. 2nd. I am well acquainted with the road of tho Richmond, Bayham and Port Burwell Road Company, and consider that the same was and still 18 a great benefit and advantage to the said Township, and would have been if fully completed of still greater benefit, as it was intended to have been connected with tho plank road running from Ingersoll. 3r means of the said Road Company many portions of said Township were opened up and had access to market at seasons when otherwise the roads would have been almost impassable. 3rd. From my intimate knowledge of all the parties concerned, I have good reason to believe and do verily believe that By-Law number 116 of said Township of Bayham was passed in good faith and in open Council without any desire to keep the passage thereof secret from any person or persons whomsoever, and that Vre was nothioj: secret or clandestine in Its passage. 4th. I also fully believe that the debentures issued under said By-Law were issued, negotiated and purchased in perfect good faith, and without any knowledge or suspicion or cause of suspicion that the SRme were in any way affected with illegality or informality, or that the same had been issued contrary to the wish of any person or persons whomsoever. 5th. I am positive that previous to the passing of said By.Law and me issuing, negotiating and purchase of said debe.itures, no meeting of the people of this Township was ever called or held to express any"'ap- proval or disapproval of the said By-Law, or to express anv opinion as to said Township taking stock or in any way becoming stockholders in said Company. If any such meeting had been called or held I am certain that I would have known of it. 6th. Tho fi^st time that I heard that any such meeting as is mentioned in the last proceeding paragraph of this affidavit was ever held was a few months ago, and since an attempt has been made to have said debentures legahzad hj an Act of Farliaraent, and until within the last few months I never heard any person assort or pretend that such a meeting had be^n held. 7th. Before said debentures were issued the said Company had com- ill great benefit not onlv ^ i ^''^ ^'''''^ road was ani ;« ?/ ' ^'"^'' ^^^^ ■"illod lo the p '„°l" f " ^^J":^"" «» that effect «s ?„?, '^ "^"""^'l "«« " small maiorS hi " ''''"''"''' ""<> *« Tm. ! "' »"'' '"i- ■ fflam posi. '«d Township *he authority of the people otherwise; if I would have I'-w number "d Bj-Iaw Pany by the ^ortgage on Mriiaae, ia ' before aoy buying the 'a contrary had for ae ►ted raised Jity. tares were 'od planfc M; that h leaving •le length of those i^o, after )plisd to i« vote alted in ng this 27 second loan was subsequently passed, and the debentures for said furtlier sum of four thousand pounds were issued and handed over to the com- SfY/L^^' H®^°''V*? ''^SOtiation of fiaid debentures it was discovered that the By-Law had not been advertised for«a sufficient len-th of time and the debentures were accordingly given up; and that a second meet^ Jng ot the people was called, which resulted in the defeat of the Bv-Law by a majority of about thirty. ^ ?„!'♦»; '^^"^ I am positive that the above meetings were the only meet- ings that were held about any debentures granted to the said company, 8th. That at the time of issuing the debentures under By-Law num- ^r one hundred and sixteen, one Ambrose Wilson was Deputy Reeve of said Township; that said Ambrose Wilson had no contract with the company for the building of the road or any portion thereof, but merely soid them plank at a certain rate per thousand. 9th. That the said road is much travelled, and ever since its construc- tion has been and now is of much benefit to the Township; the whole road was made better by the operations of the said company, and bv means thereof the people are enabled to travel much better, and were it not for what has been done by the company it would at certain seasons ot the ye»r be almost impassable for loaded teams which can now be driven on the road. 10th. I consider the route of this rciad the best in this Township and Frls^eV^ ^^""^'^^'^^ ^y *^° Engineer employed by the company, John 11th. A first naortgage on the road for the amount of the debentures 80 issued under the authority of By-Law number one hundred and six- teen as aforesaid was executed by the company, and delivered to the Council, and three hundred dollars of the coupons were paid by the Treasurer of the Township, which said money was paid by the company on their raortgago, and a further sum of forty dollars was paid on the coupons by tfee Treasurer of the Township, but the Council, after the Jiy-Law was discovered to be illegal, refused to allow liim this sum. ^ 12th. The planked part of the road lasted m good condition for about eight years, as did also the gravelled part. Very litt'e statute labor was during this time done on the road, but the labor which would have been expended there if uo road had been built was expeuded on other roads. 13th. One William Hatch was Clerk of the Council when the first mentioned debentures wore issued ; he was opposed to the construction ot the road as were others living in the Eastern part of the Township because it does not immediately benefit them ; Le was unwilling to per' form his duty as Clerk as far as concerned liie transactions relating to the road, such as drawing the mortgage, entering the resolutions respect- ing It, and so forth, and was told that if he did not attend to his du5^ as Clerk and obey the instructions of the Council, thev would ^et another 28 any opinion as to the «aid Townshin IT^^^ ?^"''* '"' ^^^^ to exwS Sirorn before me at th. t '^^'f®*^-' ALEX. MoBRIDE tbi- %'>s:ntrdi^?r;ti'^^^^^^^ '» *^^ county of Efgi„. [Signed] w. ^ GLOVER A LommiMioner for taking >ffij -^ • ' . County of Elgin, ) To-Wit: / AFFIDAVIT No. lo. R».j; «S'm™™„rSto/.t "•/!!*"!• «"'"»»-'»' ti»«J were issued againrt stated before tbe 16 debentarea did >€iDg in any way ebentures issueti was no meeting held to express ' company, or in me in any other sons allege that monthsi MoBRIDE. >unty of Elgin, in the Queen's Elgin. pofBaybam, p, make oath Port Banretl )n, and have oiJ promised the company )f stock was Donsequenee bentures is- Im company I to give an id by some 'e the road 'ilt by tbe le limits of ^ and Jonjc rsons pur- Bd against 29 5th. Befoie getting tbe debentarea and afterwards the company grav- elled and planked a large portion of the road ; the road was in fact nearly completed — about twelve miles and a half of the road were fully com- pleted, leaving only about three miles and a half thereof unfinished, (the whole length of the road being about sixteen miles,) and the heavy grad' ing of those three miles and a half being finished. 6th. That the total amount of the contracts let out by the company was six thousand, two hundred and fifty pounds, and the total amount paid on these contracts by the company was four thousand, six hundred and ninety-four pounds ; that the total amount received by the company from all sources was four thousand, four hundred and eighteen pounds, and the amount of work done on the contracts about six thousand pounds, and that from my position as Managing Director of the road I am posi- tive that the above statements are correct. 7th. I know that all the money received by the Directors and consid- erably more was expended on the road. 8th. I sold two of the debentures myself, in the fall of the year one thousand, eight hundred and fifty-four, (one to Hubbard and one to Sam- uel Haight,) and sold them in good faith, and they purchased them in good faith, without any aosplcioa of their being in any way defective. 9th. That in the year one thousand, eight hundred and fifty-five, after the funds at the disposal of the company were exhausted, they applied to tbe said Council for a further loan of four thousand pounds, and a vote of the people was taken as to granting this second loan which resulted in favor of the loan by a small majority ; that the By-Law granting this second loan was subsequently passed, and the debentures for said further sum of four thousand pounds were issued and handed over to the com- pany ; chat before the negotiation of said debentures, it was discovered that the By-Law had not been advertised for a sufficient length of time, and the debentures were accordingly given up ; and that a second meet- ing of the Mople was called, which resulted in the defeat of the By-Law by a majonty of about thirty. 10th. That I am positive that the above meetings were the only meet- ings that were held about any debentures granted to the said company, and that no meetings was called or held as to the Township taking stock in tbe same. 11th. That at the time of issuing the debentures under By-Law num- ber one hundred and sixteen, one Ambrose Wilson was Deputy Reeve of said Township ; that said Ambrose Wilson had no contract with the company for the building of the road, or any portion thereof, but merely sold them plank at a certain rate per thousand. 12th. Thtt.. the said road is much travelled, and ever since its con- struction has been and now is of much benefit to the Township ; the whole road was made better by the operations of the said oomnanv upd 30 ter'SVst^^^^^^^^ ^ ^--» -eh better, a„d .ere teo^, as aforesaid, wag executed bv Th. ^^'' °"' ^"""^^^^ and six- Council, and threUundreddd!ars^ftt/°'°P'"^' «°^ ^^^l^^ered to the urerofthe Township, which sa?d*^^^^^^^^ their mortgage, and a\rth ? nm oTH.^V"'^ ^^ '^f '"^P'^y «" pona by the Treasurer of the Tow^shinbilf J "r""' ^".f K''^ °" '^^^ «"«- '^"str Tr';^ ??^^"'' -^-ftat?bL'r ^^^^^ ^^■^- this time done on the road but tht I K ^^7^"^- «t^t«te labor was duriW the^ if CO road had ^^:^J:^^7^^^^ eWcf ioio^cSfaL^l^nTS^^^^^^^^ the dobenturos did so 17th. That until an attemnt I, t ^ /^ '° '"^ ^'^ ^«^«°''^«- tioned debentureB leg" ized bfan IcUf tt'^P ^"f^ *° ^T ^^'^ S"' "ne"- I never heard any oerson or Zrt ^ P'^rlwment of this Province the sale of said deVnt^s LTe ^eZf:' 'T.'/ ''''' P-^'«"» ^' meeting of the people or ratepayer ?f T, T "" l'^^'"- *^^ ^*'°«. ""J to express any o^nion a, to tEa7d Townl'n? -'^ ^'^ ''^^^^ '' h^W way becoming stockholders in said comZvo? -'l'^ '^'u""^ ^° "^ '° '^"J -.whatsoever,andIampo.tive^trarnS^^^^^ Sworn before me at P.r^ R 1^ • . ^^^^^ MERRILL. ' day of mT;; A.D.t8?r""' " ^'^ ^°°"^^ °^%-^ *« Twelfth [Signed] JACOB S. JONES "^ ^Tpn!?' •""■ ?S *'^^°« ''®*^'^^»'t«' in the Queen'. Bench, m and for the County of Elgin AFFIDAVIT Ko. IL County of Elgin, | I, a.oao. W^^^^ ^f the Township .W*--T.''*-^ ^"^ °o\? and have bean fnr th« !«. -V ueaE of tDe I'ownshiD of R»trJ,Dm »»j r '\t 7 "*" . '""'^'•'-•«a years a resi- ul 2Dd. I am well acquainted with the facts relating to the issue of de- benturesbj the Council of said Township under their By Law numW one hundred and sixteen to the Bayham. Richmond and Port Bumdl Road Company, and I believe that the said By-Law was passed andThi jaad debentures issued, negotiated and purchased in gooTfrh The ab^ve Sifh ''' ^'°" "^ ''''''''' acquaintance with'the partL Concerned issued btforrrll^'r Z '°°'*' '^'^ '^'^''^ ^^^" ''^^ debentures were issued before I ever heard any person or persons express any doubts nl to the legality of said By Law. or raise any objectioL to7e payment thereofoutofthe Township funds. a ^u ine payment ^nA^^L^- *" <1°"*« P°'i*'''»*^''** P''^^^^"^ *° t'^e passing of said By-Law 2ih Tu^. "°^ ''^' ""^'^'^ debentures, no meeting of the people waT eajd Council taking stock or in any other way becgm n- stockholders i^ said company^ If such meeting h.d been called or hdd I am cer^b that I would have known of the same. • 5th. 1 am quite certain that the persons who purchased said debentures contrTry?ri-:rr °' -«P-°V^'»* -id debentures were S wntrary to the wish of any person whomsoever, or that there was anv thing Illegal, informal or defective in the same, and that they rpurcha^d nd S ZrA':f- ";"" *'^ *''^.""?^^ ^''"^^ parties^ Jurtsid tolef pStgaS;;" ' '" "^*^" '^'' *'^^ ^"'^^^-^^ - doubt as in.^toi'/J't"*!^ conipany had commenced their operations before receive ind '^,1^^^^"*"'^^ ^rr.^-id Council, and with Ihe proceeds of the same Jnd™lbyTr'tr \'^' stockholders, they 'proceeded to rlank and gravel by far the greater portion of the road and to erade the re said road fully completed, gravelled and planked. The whole le^th of the proposed road was about sixteen miles. * 7th. The road proposed to be built by said company forms a continn and the work which the said company has done was and is a ereat and material benefit to travellers and the Township in general. ^ T>oSnn«%^ ^^^'f'^ f ".P?"/ commenced operations there were several portions of the said road which were for some seasons almost impassabS for teams even with light loads, but after the company hJwSd and before they ceased, these places were greatly improved so tTat WMv loaded ,,, ^.,^ ^^^^ greater'facili'ty be'drawn ovS the sarn^ be^^lIffiST^S;;^ '' ''' "^' '' '^' '"* '''' ^-'' ^*- difawJ^^V^f r-^^? °^ '^^ '?^ "^^''^ ^«« fi"«I^«d lasted in good con- dition for about eight years, and during that time required little (if J^y) 32 ^^I^^Ja^ ^ i°"' °° '*' *"*' **••' ^"^' ''»>>«»' it would Uve hkM nw«»ai7 to do on the same was performed on other roads in the W 11th. I was present at all the raeetinM of the neonlfl Ti«M »;♦». -r £Tk "'"' ""Pf ' *» ""> P="'i°'' °f •"'' By-Law S. tamTf »id debemures, or v;,th re.[«ct to the ..id Township acoSir Js Zk i°„ or m any way becoming aloekholders ia Baid company previou. to ih^J» of the «„d debenture., to the bet of my recollection! LwW^ „dti Jli^y^;^!i:/Stb\l^id%^t^^^^^ the debentures issued under it were recalled. Soon aftlmaXr -oJ^^ l^itV"^''^ '^' '"^ ^^^'^^^"^^ '^^ ^«« introdS/d .uVmittSd to the people, who negatived the same by a majority of aboS? thT^ '^ idth. 1 am positive that the two meetings mentioned in th^ !-.♦ said^TowIS It *^'' ^'°^?'^ ^"«'°' *»>« then Deputy Reete of said lownship, had no contract for the building nfthe, ZHa^ tion thereof, and had no contract of anv Sirt Jw? -o-V ^' °' ""^ P*"" for the sale of plank from hi mUl whSi sa d rf^^^^^^^ company at the then current markerprice. ^ ' "° ""'^ *** ""'^ « V i. [Signed] GEO. N. PHOCUNIER '"""u^tea^XrS^tr^''""' '" «" <'»-'^ «' «'^". [Signed] JACOB 8. JONES, A Commissioner for taking affidavits in the Queen's Bench, in and for the County of tllgin. ^ * AFFIDAVIT No. 12. County of Elgin, > I, Anbekw Modrk of Iho Township of Baytaim, lo-Wit . 5 m the County of Elgin, Esquire, mak/«ath and say : .bout two mUe. from the Village of SttrilbrdTill. in Mid Tw^kip'!^ • , 88 2a6. 1 am confident that previous to the ivsue of debentures by the Council of the Township of Bayhain under their By-Law number 116. there was no meeting of the people called or held to express their opinion with regard to tho passing of said By-Law or the issue of said debentures or the loaning of money to the Bayham, Richmond and Port Borwell Road Company, or as to the said Township taking stock or in any way becoming stockholders of said company. 3rd. From my knowledge of all parties concerm ^ I am uatisiiod that the said debentures were issued, negotiated and pui hased in good faith, and without any knowledge or suspicion that the said debentures or the' said By-Law had any illegality or defect in them. 4th. I never heard that any person or persons in this Township ob- jected to the passing of said By-Law, or the issue of said debentures, or the repayment of the same from tho funds of this Township until long after said debentures were issued, and even until long after the people were asked to express their approval or disapproval of a By-Law intro- duced in the year 1865 to loan said company a iurther sum of £4,000, and I never heard until an attempt was made lately to legalize said de- bentures by an Act of Parliament, of there ever haying been a meeting of the people called or held previous to the passage of said By-Law num- ber 116 to express any opinion as to said By-Law, or as to the said Township taking stock or in any way becoming stockholders in said company or assisting the same in any way whatsoever, and I have good reason to believe and do verily believe that no such meeting was ever held or called ; I am certain that if such a meeting had ever been called or held I would almost necessarily have known it. 6th. I know the route of the said road, and I believe the said road to be a great and material benefit to this Township, and that it facilitates travel very much and is much used. 6th. In my opinipii about twelve and a half miles of the road were completely finished, gravelled and planked, by tho said company, and the heavy gradmg on the remaining portions was also done. The whole length of the road is about sixteen miles. At some seasons of the year large portions of the road were.almost impassable for teams, but after the said company had commenced their operations tho same portions of the road were greatly improved and rendered fit for travel, so that heavily loaded waggons could be drawn with much greater ease than formerly.— It also opened up a large part of the western section of this Township, and gave access to a market for the inhabitants residing there, which could not have been reached for a large portion of the year were it not for said road. 7th. The part of the ro&d whiok was planked and gravelled lasted in good condition for about eight years, and during that time required Utile Biatuie labor to be done on it, but the labor which it would otherwise have been necessary to expend on the road was done on other roads in this Township. " Sworn before mo. at the TowJ^rfL u ^^^^^"^ MOORE. th. N,ath day of May, ArA "^ ^^^'''' ^^ '^' County of Elgin, [Signed] JACOB S. JONEq AFtlDAVIT No. 13. fiay : ^ °* *'^»°' ^aqmre, makd oath atiif •^.•°? t would hare attended the same '~'*^'^ ^'« J^«own of . ^M< 4 MiOT« that the saW Tl« t {^^•^otiated and purcTa,;f fc^ ie^g».«r suBpioioft or cause of 8n«ij„;!!?u f w ' ''"'^ without any fcno* ™^?!^r" •» I»«*"»«i that m/^ST' ?i " *"» >' '«•« • I*air 85 road ; mo;c than tio th ds of^he rlV ^Ti' '^'"^^ P«^^'«» ^^ '»>. h«^vy grading done on the ema Jder 1^7 f -^ T^^''"^^ ""^ »»'« of the said company wc e to the h«7«^ ^ ^ ""' '? '^'^'"'^ "" *''« ^"-^d" mateljr and properly expended ^^ ''"°^^'^»° ''"^ belief legiti- Township. It i8 much tmvlnS „ ^ u *^° "^'^''"" boundary of this been don^ by saidrmpanyt .vd on ^fV'T ""^ '^' """'^ ''^'''^ h«« increased, as before S cLrnoe7thi ^'?- '""''.'^ ^''''''^^«*«'i ""'^ portions of it almost impasSle for wJ JP"*^"'"^ '^^''^ ^ere several the yea, but now these pClfberreldreT^^^^^^^^ ^' halle'n\SJ;tVtLXkf^^^^^^ 't ^^ **?« ^^^ ^^^' -^'^ condition for about elht JiJrM 1 ^ ^'"''^"'^ P'"'""" '««t«d in cood labortobedoneonit buthfflrwhT.""'" u? "'J'^ (if -ny) statute expended on other .o;dsi^'hStow,ship"°"^^ ^'" ^^'^^ '^''"^ °° '* ^''^^ aful'rVaa'o;"45otwt°l^^^^^^^^ -^-ted, and completing said road A 8^7 Jl f ."^ u^°"?°'' ^°'' *^« I'^rpoW of and submitted to the pefnKtr. r^""'"' '\' '^^ ^'^^ was introduced jority of about one inS of he'^B: ^^''''h '""^ *'>« result was a ma- and under it debentur awero iSucd^nrT'.V^tr' !'^'" ^"'^^^^ P««««d, company ; but it having hZl Ts'oCa thtt ^'""Y'^'^ ^ ^^e Baid some way informal, it was repea ed Zl fbJii k !''^ ?^-^'*^ ^«« >» were recalled. A similar 3?^?^",^ '^^K"*^' i«««ed under it was negatived by a majorit7o^\\l"%*^*''; ''^b^^'tedto the people, and two meetings were the Cly meetings IlM ^\ IT ^''''''' '^''^ '^'^ aato loaniSg said coraZr«nl^ "' ''H*^ *^ ^^P'^ess any opinion whatsoever either by tarng^stJSk' oro7erwisr '"«" ''^"^ ^° - ' -^ ^^r^^S:^:^^^ folding said de- ^^'Sned] SILVESTER COOK [Signed] JACOB S, JONES "" ^°"Brr:5" '?''!g.>"^"'' '? '!■• Q«- -Bench in and for the County of Elgin. 36 AFFIDAVIT No. 14. ' CouDty rfElgin, I I, Bi»MMm Spbncer McCclom, of the Tea- •tUl i, of greafa JiUriS folbrTt.rt^;' ""' "^ ™ "«' ..d would .u" hrrriiir/L'iartr'reL'"' °'"'" ^"''■^»> conaijfctt? e1°M*f ""'^ f^^-''"" "f *= ™''i '«'«J i" good' the ..id oompMy dU lde« twvrfui" t '■;?«'"'.»'•'« ">! "°* wl-i* they oooimonWoperata ° ''^^ """" " """ ''«''°" iaaued thoreu X Ire i Zl/^! ,•'? T J"""',' ''°<' ""' debenture, Mth and without T„v T„ i' S'«°"«'«<' ».nd purchased in perfect good i«.uedrnt« tt tSo^witS!. "r f^'o" *?! 'he ,Z had Lu «... were effect ^^:^^X:lSXTiZ^^' " ""' vuipanjr a second loan of four thousand pounds, in the year of 37 our Lord oue thousand, eight hundred and fifty-five. [Signed] BENJ. S. McCOLLOM. Sworn before me, at the Township of Bayham, in the County of Elgin, this Twelfth day of May, A.D. 1865. [Signed] JACOB S. JONES, . A Commissioner for takinsj affidavits in the Queen'? Bench, in and for the County of Elgin. AFFIDAVIT No. 15. County of Elgin, ") I, Alexander Sumjosrs, of the Township of To-Wit : j Bayham, in the County of Elgin, Esquire, make oath and say : 1st. That I am now and have been for the last 36 years a resident of the Township of Bayham, and am now and have been a Justice of the Peace in and for the said County for the last five years. 2nd. I know the Bayham, Richmond and Port Burwell Road Com- pany, and I believe that the debentures issued to the said company by the Council of said Township under their By-Law number 116, were issued in good faith, and were also negotiated and purchased m good faith, and without any knowledge or suspicion or cause of suspicion that the said By-Law or the said debentures were affected with any illegality or informality. 3rd. I never heard of any meeting of the people of this Township ever having been called to express their approval or disapproval of said By-Law number 116, and I do not believe that such a meeting was ever called or held. 4th. That I have never heard until within the last few months of any meeting of the people of this Township having been called or held to ex- press any opinion as to the said Township taking stock or in any way becoming stockholders in said company, and I do not believe that such a meeting was ever called. 5th. I am satisfied that it such meetings had ever been held or called I would have known it. [Signed] ALEX SUMMERS. Sworn before me, at the Township of Bayham, in the County of Elgin, IXU5 Aigau;; uu^ vt. ^uaj. [Signed] JACOB S. JONES, A Commissioner for taking affidavits in the Queen's . Bench in and for the County of Elgin. 3& AFFIDAVIT No. 16. mske Mth and say ° ■^ "^ ^'W E*!"'". Jownskp for five yea?,, after the ye"r on. a, ' °^"'? ?""""' "f »>i»' "7 a.noer rtatsoeve'r illegal, infol^ftfTefS^ ''''™"'"' ""« '° "^ drd. That untU withia the last few mnnth« r' or persons assert or allege th^t prrvi^s t tir'" '^'"''^ '"^ P*^'^" purchase of said debentures any me^Tnf.l ""?"' negotiation and wxd Township had been called or he?d ?! f ^ ^°P^' °'' "tepayers of saad '•o^d.bf to the inhabitants of «,esS^ travelling oa means of said road travelling has been !reX f«T 1^'° S^°"«'- % nnT f 'JT'^'^ ^«« P^^'^J^^d and gravellT.'^fhe °,!^*f ^^'^j ^'^^e por- not planked or gravelled was srM^tT ' remainder of the road before were aln.it itnpassab e^for te^^fdurir//"''*' '^'^' '''^ ''^^^ were rendered by the operations of «L ^ some seasons of the year previously had been, anfthus a IZ '"'"P^"^/^'^ better that they western portion of this TowSshi; Twhth thr"1/P ''r^^ '« *tJ cess during a great portion of the year ^ '°'^'* °°' ^*^« ^"^^ ao- Sworn before me, at the Townshin of ' k'^^k ■ ^' "^^ ®^^^^K. thi3 Thirteenth day of Ma^ il^l^r' '" *^' ^""'^^^ °^«%^. [Signed] JACOB S.JONES A Commissioner for tatino- .ff^.^.-J .•_ ^ v. " bench, in and for the^ouoty'of £^0*^"'*'^' Stf Af 89 INDEX. Statement, • AfiBdavit No. « No. " No. «• No. «« ■ No. " No. " No. « No. No. No. No. No. No. No. No. No. u l< M U u u u u 1— Susannah Edison, - 2 —Anthony Scealey, 3— Samuel Haight, 4— James Peter Weaver, 5— Andrew Ostrander, 6— Lyndes McCal-dy, - 7— Wilham Veitch, - 8 — John Hamilton Jones, 9— Alexander McBride^ 10 — David Merrill, - - 11— George Neill Procunier, 12 — Andrew Moore. 13— Silvester Cook, 14— Benjamin Spencer McCollom, 15 — Alexander Summers, 16_"William Augustus Glover, - PAGE. 1 11 12 15 1ft 18 - 20 23 . 25 26 . 28 80 . 32 U . 86 37 > as Printed at the Office of the BrUish Cmwdian, Swum