Minutes, 15 March 1841, Draft

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Monday 15th March 1841.
City Col met purst to adjournment— <​Meeting​> Opened by Prayer,
<​ stated that the​> moved for time for Committee on Streets, to Report, required <​further​> time to Report.
Moved Seconded & Carried that further time be granted for Committee on Streets to Report, until next meeting of Counsel.
stated that wishes to know whether the Col will decide as to whether his Mill will be permitted to remain as it is.
Colr J. Smith moved that the Mill be permitted to stand as it is, provided the <​ of the Mill​> make Shall not intrude upon the Rights of the Ferry.
spoke as to making Motion in a different form.
spoke in favour of mill standing, altogether on account of ’s poverty, expenditures, & for his sake, & believed the Ground was personal Property.
Colr J. Smith again spoke, & said if any defect in Title or doubt, as to Ground between Street & , being personal Property, the [illegible] of <​original​> Title was in & [p. 12] & spoke as to rights of Ferry with liberty for Horses to Tow the Boats.
said he never did consider that had any Right to put the Mill there.
Colr J. Smith wished power (as to this Property) to be in the City Col., <​and they​> to have Control over it, only not to infringe upon the Ferry Rights.
said he considered the City Col has not any Right to interfere, further than to see whither Mill obstruct the public Ground, & Considers from high to low Water mark to be all public Ground, & let arrange with the owner of the Ferry.
dont think there is any right to decide it before this Col, & considers the Mill dont obstruct the Street, but is a Ferry Obstruction, & it was impracticable that the Mill was put there.
The then spoke, & sd he <​always​> considered the Ground in question, to be publick Property, the of Mill may Arrange with the Proprietor of the Ferry, & the of Mill to proceed at his own risk.
moved that Mill be removed altogether that Charter authorizes the regulation of Ferry, & that Steam may be put to the <​Mill​> upon dry Ground, Seconded by Col ,
Colr J. Smith spoke in support of the Motion, & <​stated​> that City Col have full power over all Property in the .
said, Mill was a great obstruction in his Ears, & put there against his will, by authority of some Person claiming Authority, & is an abominable Nuisance, he will pay his Proportion of Expences, & let it be removed. will [p. 13] Will enter his protest against removing it, unless it be appraised.
spoke respecting the High Col. having interfered the Owners of Mill sought for the approbation of the High Col., which they Granted, so far <​only​> as they might be concerned,
Colr. spoke in support of the Motion, & that it will be a growing Evil, & is a Nuisance, & through respect to the of the Mill, wishes it removed to the Foundation.
wishes the to be heard, as he was one of the High Council, & does not wish any impeachment to be against them, respecting it.
The spoke as Respects Respectg a charge made <​by one of the Counsellors Aldmn​> as to his Tamporizing in this the discussion of this Matter, he said he considers the Col. have power to act, but <​they​> not having granted any liberty to put <​the​> Mill there, he does not think they <​the Council​> should interfere at present, not be held accountable for the Costs of the Removal.
explained, & said he did not mean <​allude to​> the .
Colr J. Smith explained that Mr Bosier has not any property in the Mill,
The Motion to remove the Mill prevailed.—
Colr J. Smith moved & <​it was​> seconded that 4 Mos be granted <​the​> , to remove the Mill, <​or the Mill to be removed at expence of the ​> & Carried unanimously,
moved a Resoln. that several Persons, Viz, , & others, be requested <​invited​> to attend the anniversary <​of the Church​> of <​& the​> laying the Corner Stone of the in , upon the 6th of April next,
Colr. [p. 14]
Colr J. Smith, asked whether they could be treated respectably, otherwise they should not be invited, he had not accomodations, but was willing to pay part of the Expence.
said he thought if they were invited, it should be by the Citizens & not th by this Council.
The spoke, & stated that several of them were Citizens of this , & in that respect would be at Home when here.
withdrew his Motion.
was sworn in as Weigher & Sealer for the .
Adjourned to this day two Weeks at one oClock, at same Place,
15th March 1841.
, Mayor. [p. 15]

Footnotes

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    Signature of John C. Bennett.