Petition for survey, Sidney Township, 1831

Petitions to survey 7th, 8th & 9th Concessions

Sidney Township 1831 and 1836, 100 names

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Records of the Bay of Quinte

Background
Sidney Township, Hastings County, was supposed to be fully surveyed in 1795 by the surveyor, Mr Aitkins. By 1831, settlers began settling the back concessions - 7, 8 and 9 - and petitioned for the survey to be completed.

The Surveyor General reported that the inhabitants were correct in petitioning that it had never been done and a survey was ordered on 26 Nov 1831. The petition was signed by 60 inhabitants.

In 1836 some inhabitants were dissatisfied and 40 inhabitants who liked the survey petitioned to have "the survey of Mr. Rankin established."
The Council concluded that it would take a court case to resolve the issue.

In all of these survey - boundary issues there were bound to be winners and losers.



Signatures can be a challenge to transcribe. Let me know if you think names have been misread.
 

© Randy Saylor, transcribed Jan 2012.
Source: Upper Canada Land Petitions, RG1 L3, LAC, 1831, V 466, bundle S 17, #30, film at AO, C-2816
Source: Upper Canada Land Petitions, RG1 L3, LAC, 1836, V 472, bundle S 20, #39, film at AO, C-2819



1831 PETITION

To his Excellency Sir John Colburn KCB Lieutenant governor of the province of Upper Canada and Major General Commanding His Majesty's Forces there in

In Council
The petition of Jonathan Phillips and other freeholders in the township of Sidney in the Midland District in the province of upper Canada humbly show off

That the seventh eighth and ninth concessions of the said township of Sidney have never been properly surveyed, and that that some of your petitioners reside and own land in the said concessions, and have made large improvements are therein, and many others owning land therewith to make improvements on the same, and many persons are desirous of buying crown and clergy reserves in the said concessions and become the actual settlers there on, but will not until a regular survey is made

You're petitioners therefore humbly pray that your Excellency in Council may be pleased to order to ander point as surveyor to survey the after said concessions as soon as may be convenient.  And you're petitioners in duty bound will ever pray

Sydney July 7 day in the year of our lord 1831


[First Page of signatures]
William H. Wallbridge Joseph Whipple
Lewis P Bugle? Hugh Fairman
Jonathan Phillips Elijah Sarles
A.D. Chisholm Benjamin Turner
William Zwick Hiram Baragan
Wm White James Phillips
James R????? Joseph R Bush
Henry his X mark Bentley William Green
John his X mark Bentley David his X mark Curtis?
Solomon R Bush Dudley G. Adams
Daniel Ostrom Jr John McIntyre
John Tuke [Luke?] Samuel Rosebush
Thomas Wright Nicholas Lake
Peter Sine Junr Jacob his X mark Fox
Henit? Streeter Cornels Thrasher
Joshua Brown H. P. Matthias
Daniel Yonles? Gilead Bettys
Robert Adams Benjamin Wilkes
John his X mark Rght [sic] Elijah Allen
James C. Osborn Hiram? Jose
Thomas Harris Robt R Penny?
Henry Bangar Thomas Ketcheson

William C Shorey


[Second Page]


Gilead Sha? Sharp?
William Thorp
Noah Harris
George Desett?
John Desett?
AW Murphy
Abraham Dafoe
Conrad Dafoe
Gilbert B Sharp
Bates Sharp
Aaron H Hearns
John J Simpson?
Gilbert J Thorp
George Finkel
Geavay Shunk


FOLD NOTES 1831

In Council
26th Novr 1831
Petition of William H Wallbridge and others, 1831
Gov’t House 17 Nov 1831
Referred to the Surveyor General to report hereon for the information of the Honble the Executive Council
By Command
E M Mahon
A Secy
--------------

Order issued 6th Dec 1831
It is respectfully recommended the Surveyor General be instructed to cause a survey to be made of the 7th, 8th and 9th Con of Sidney as alluded to within.
J B
---------------

21 Novr 1831
It is respectfully submitted upon the within Petition of Wm H Wallbridge and others of the Townp of Sidney, stating that the 7, 8 and 9th Concessions of the Townp of Sidney have never been surveyed and paraying that the same may be laid out.

That Alexander Aitkins DPS, was directed on the 30th May 1795, by Actg Surveyr Genl Smith to complete the said Township but it doth not appear that Mr Aitkins ever made any returns thereof and therefore it is reasonable to suppose that the said 7, 8 and 9th Concessions have never been surveyed and laid out.
Surveyr Genl  Office
W Chewett
Actg Surveyr Genl



ORDER GIVEN FOR SURVEY in 1831
26th Novr 1831
To the Surveyor General
In Council

Upon the petition of William H Wallbridge, read at the Board this day. It is ordered that the Surveyor General be instructed to cause a survey to be made of the seventh, eighth and nnth (7th, 8th, 9th) concessions of the Township of Sidney.
Signed
John Beikie
Acting C&C




1836 PETITION
To His Excellency Sir Francis Bond Head Lieutenant Governor of the Province of Upper Canada
The petition of sundry the Inhabitants of the township of Sidney Humbly sheweth
That the lines of the seventh  eighth and ninth concessions of the said Township of Sidney were never properly surveyed until they were surveyed by a Mr. Rankin Act Deputy Provincial Surveyor in January 1832 by and order granted by the Government in answer to a petition by the inhabitants of the said concessions.
And we your petitioners having understood that some of the Inhabitants are dissatisfied with the said survey and that they have petitioned your Excellency to annul the said survey, we your petitioners Humbly pray that your Excellency do order that the survey of Mr. Rankin be established and as we duty bound your petitioners will forever pray
Dated at the township of Sidney this 11th day of July 1836
Ebenezer Green Gilbert Finkle
Jonathan Phillips James Canley?
James R Bush or Lush Francis Kimball
Joseph Keller Philo White
Jeremiah McConell Wm Ripsom
Wiliam Smith Wm White
Henry Bantley Edward Fidlar
AD Chisholm Benoni White
Wm Bamber Jehial Bell
John Bartley ?sne Bell
James Phillips Duncan Bell
Joseph Phillips George McMullen
John P Caverly D. Macaulay
Henry Hess? Adam H. Meyers
Truman B. Griswald A. Macaulay
John Curtis Robert C. Wilkins
Michael Moran

William Green

Michael Bartley

John Wright

Jacob Fox

Jacob Youngs

George Tomson

Green R  Bush




FOLD NOTES 1836
9 July 1836
The petition of sundry inhabitants of the township of Sidney
---------
Referred to the surveyor general to report herein for the information of the honorable the executive council
----------
17 August 1836
On 26 November 1831 His Excellency the late Governor in Council was pleased to direct the Surveyor General to cause the seven eight and ninth Concessions of Sidney to be surveyed - William H. Walbridge and others having stated by memorial that those concessions had never been surveyed and as no return of such survey was to be found in this office, instructions issued accordingly to the Deputy Surveyor Rankin and to survey the same and made his returns.
If therefore no previous survey ever took place, that of Mr. Rankin should govern. It will be for Court of Justice to determine whether those concessions were previously laid out or not
SGO
----------
In council 25th of August 1836
It is respectfully submitted that the survey within referred to is either legal or not, as it shall be found original or secondary.  The Government have no power to alter original surveys, when reports other than those of the Crown are implicated
N. B. Sullivan
---------
Communicated to petitioners ? Mr. Joseph B Spragge 12 September 1836