HomeMy WebLinkAboutBy-law 27By law No.27
A By-law to repeal By-law No. 2 of the late Home District Council relative to the opening, altering or stopping up public Highways, so far as refers to the Township of Pickering.
1. Be it enacted by the Municipal Council of the Township of Pickering that from and after the passing of this By-law, all and singular every matter and thing contained in By-law No.2 if the late Horice District Council providing for the laying out, alteration and repair of public Highways having references or relations to the Said Township of Pickering be and is hereby absolutely repealed.
2. And be it enacted by the authority aforesaid that from and after the passing of this By-law, that at any time when application in writing be made by 12 or more freeholders of this Township to the Said Council thereof stating that any public Highway or Road in the neighbourhood of such freeholders at the time being in use is in convenient, or that the Road Serve for such purpose is impracticable or exceedingly difficult to open out, that the route thereof may be altered in a manner far more conducive to the accommodations of the public travel, or that very old established Road of like nature has in the course of time become useless, and consequently might advantageously be closed up, in any, in all and in every such case it shall and may be competent to and lawful for the Said Council at its discretion to authorize the petitioners signing such application either at their own costs and charges or at the costs and charges of the Said Council and such Council shall denote, to employ any licensed Deputy provincial Surveyor to examine, survey and report in writing on such purposed alteration or suggested improvements to the Said Council, describing definitely the nature of the same in every reasonable particular and detail and his opinion of the effect or result thereof as affecting the public generally, observing the terms and duties as to notices prescribed by the Statute 12 VIC. Cap. 81 Sec. 192 at Seq. provided always that the mode and means of payment of any compensation in the event of such being lawfully requisite under Sec. 195 of the same act otherwise, shall be in all and every case or cases prescribed or provided by such Council as aforesaid and provided moreover that the owner or owners, agent or agents of the owner of the land or premises on account of which any such compensations shall or may be demanded shall be are hereby declared to be limited to the term of three calnder months computed from the Surveyor's report relative to the same, during which terms alone be or they sahall be at liberty to make application in writing to the said Council praying and demanding such compensation and otherwise to conform to the requirements of the herein before recited by Sec. No 192 of the said Act.
3. And be it enacted by the authority aforesaid that in all cases when it shall and may be necessary to alter the direction of ay such Highway or road already laid out and the said Council shall by lawful and sufficient means have dult established any new road or portion of such as a public Highway, it shall and may be lawful for the said Council to sell the site of any such old road by public auction, always giving due notice not less than of any such sale, and also to grant and lawfully to convey the same to any purchaser or purchasers, under the common seal of the said Council. Provided always that in case no compensation shall have ever been paid for such site, it shall be lawfully reconveyed as aforesaid to their owner of the land to which it formally appertained if such course be reasonably possible free of costs and provided also that no government reserve appropriation for Highways shall be subject to sale by the said Council, and in all cases when compensation shall have been paid as aforesaid and the public sale thereof as aforesaid take place, a right of pre emption, on the fulfillment of terms equally advantageous to the vendors as offered by any other bidder at such sale shall at all such times exist and be valid on the part of the owner of the land from which it was by the action of the council originally taken.
4. And be it enacted by the authority aforesaid and whenever any application shall be made to the said Council for the purposes of contemplated in this By-law and the said Council deem the same to be calculated to confer a commensurate amount of benefit to the public generally, the council may at their discretion authorize and require the expected of the Surveyor and other reasonable amount of costs incurred in the matter to be paid by the Treasurer, from the public funds of the Township.
5. And be it enacted by the authority aforesaid that all and every such new road or portion thereof when lawfully established as aforesaid, shall and may be lawfully made and repaired by the Statute labour, or in such measure and the similar means as other public Highways are made kept up and repaired or maintained. Provided always that in all cases where compensation is demanded, no order directing statute labour to be expended thereof unless a discharge or acquittal for compensation for the land taken for such purposes or a release of the same from the owner or owners thereof or proof of a tender having been made of the value thereof as determined in the manner aforesaid be produced to the satisfaction of the said Council.
Passed 26 April 1852
Hector Beaton
Town Clerk