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Thurlow Township petition 1810

Hastings County

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Records of the Bay or Quinte

These Thurlow inhabitants petitioned to have the boundaries of the first concession clarified after "several surveys." It is not clear if survey posts had been tampered with, however the statement in the surveyor's report that "any alteration had been made or premeditated, - and therefore,
it is most humbly suggested that the Petitioners should name the person, or persons, whom they mean to charge with the same" suggests foul play of some sort.

Tampering with survey monuments was a serious offence. The 1798 survey act declared "If any person or persons shall knowingly and willfully, pull down, deface, alter or remove any such monuments so erected, he, she, or they shall be adjudged guilty of a felony, and shall suffer death without benefit of clergy."
See They Left Their Mark, Surveyors and Their Role in the Settlement of Ontario, John L Ladell, Dundurn, 1993, 103



I would like to thank Carm Foster who did all the transcription of this petition.
Names transcribed as written and can be a challenge to decifier. Let me know if you think names have been misread.
Source: Upper Canada Land Petitions, LAC, RG 1 L3. 1810, V496, bundle T9, #26, film at AO C-2834
© Randy Saylor, Jan 2012


PETITION 4 OCT 1810
To His Excellency Francis Gore Esquire Lieutenant Governor of the Province of Upper Canada &c &c &c In Council.
The Petition of the Inhabitants of the Township of Thurlow Midland District.
Humbly Sheweth.
That your Petitioners at the present juncture are in the utmost difficulty and confusion with respect to the boundarys of their respective lots of land in the first concession of the said Township of Thurlow that several surveys have been made of the same, neither of which, correspond with the original line run in front of the first concession of said Township by the late Mr. Coteč, who had planted posts at the corner of each lot according to which we your Petitioners have made our improvements.

We your Excellency's Petitioners therefore do humbly pray that you will be pleased to direct that the original, or Base line in the front of the said Township of Thurlow be established as first Surveyed and
that each corner post, upon proof being adduced of the same be established as the boundary of such lot as planted by the said late Mr. Coteč one of His Majesties Late Surveyors for the Province
And your Excellency's Petitioners as in duty bound will ever pray ~
Thurlow 4th.  October 1810 ~

Willm Bell Sylvester Faulkin
Henry Wall John Badgly
Peter Vancot Wm Johnson
Francis Maybee
William Fairman
Daniel Silver
Coonrad Frederick
Robert Cuningham
David Fairman
Hugh Fairman
John Fairman Jr



FOLD NOTES
The Petition of the Inhabitants of Thurlow relative to the Boundarie of the lots in the 1st. Con. of Thurlow
Received from Peter Vancot 30th. Feb. 1810
                                                 I. Smale
The Acting Surveyr  Genl
Be pleased to report on this Petition
                                                 I. Smale
                                      
Nov 20 1810
The matter contained in the within Petition is proper & be determined in a Court of Law
JJ?
Entered in Land Book H page 385? [this line very faint]



REPORT FROM SURVEYOR GENERAL OFFICE
Surveyr  Genls  Office
York
30th  Octr  1810

To His Excellency Francis Gore, Lieut  Governor of the Province of Upper Canada. &c &c &c
In Council

May it please your Excellency!
In obedience to your Excellencys order of reference, to report upon the Petition of the Inhabitants of the Township of Thurlow, relative to the boundaries of the Lots in the 1st Concessn  of said Township

We are state to your Excellency, that the front of the said Township of Thurlow on the Bay of Quinty and its Base line forming the front of the first Concession, was Surveyed, and laid out Mr Lewis Kotte, under the Order of the Surveyor General of the Province of Quebec, and the remaining Concessions so far as they have been laid out by

Mr Alexander Aitken, under the same Authority - it however has not come within the knowledge of this Office of the Surveyr  Genl, that any alteration had been made or premeditated, - and therefore, it is most humbly suggested that the Petitioners should name the person, or persons, whom they mean to charge with the same
All which is most humbly submitted to your Excellencys wisdom -
Chewett & Ridout
Actg Surveyor  Genl.