Minutes, 1 November 1841, Draft

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Monday Morn.g. 10 OClock, Novr. 1st. 1841.
Meeting opened by Prayer, Minutes of last Meeting read.
It was unanimously adopted
That the Swamp directly North <​West​> of Colr. s House be drained Immediately <​as soon as Circumstances permits.—​>.—
Colr J. Smith moved, & it was Seconded & Carried, that the Motion which was laid on the Table on Saturday Ev.g. respecting Compensation <​Damages​> for the Building declared a Nuisance on the Hill, be taken up,
Unanimously adopted, that & be permitted to take part in discussing the Motion.
The [p. 30]
The wished to know who the Petr. is, as he considers it to be .—
It was moved & Seconded, that the Council Act as if the Petn. was on the part of .
It was suggested by some of the Council, that the Petn was not presented upon the part of any particular individual.
Colr. Spoke, & <​said he​> must know the Petrs Name before he <​could act. —​>
Colr. spoke to the same Effect.—
signed his Oath & was Sworn,— signed his <​oath​>.
Moved that the amt of Wages be fixed for the Supervisor of Streets at one Dollar p Day, & it was seconded & Carried accordingly.—
A Bill was presented, that the cause the to appropriate the Road labour on the Sts Ordered to be opened by the <​City Col. & other Sts. already opened, as nearly equal as the Condition of said Streets & the Interests of the public may require.—​>
spoke & sd he wd not oppose the Bill.
Colr. J. Smith approved of the Bill, & said the was the proper Person to direct the appropriation of labour upon the Streets.— The explained the Duties, & Object intended.
sd he considered it wd Create too much trouble to the to attend to this duty, & wished it fixed so as that Petns shd be presented to the by those who required labour done, that he might be enabled to direct.
Colr. J. Smith again spoke in Support. The again Spoke.
Colr. J Smith again spoke, & Considered the Bill unnecessary, as he considered all such powers are already in the , but if necessary he wd Vote for it.—
sd it required an ordinance to Empower the , as it appears so to him by the Charter.—
Colr. J. Smith sd. <​that​> after an Ordinance passed to open a Street &c, he then Considered the was in full power to act, & have it Carried into Execution. & that a Street Ordered to be opened, is <​can​>not be said to be opened until it be properly made passable.
Aldmn. considers the Bill Superfluous.
will be satisfied, if any Gentn. will show him a Law already empowering the . [p. 31]
Colr J. Smith considers that the Charter is fully sufficient for the to Act, when an ordinance is passed <​to open the Streets, or​> to do any labour on the Streets.—
thinks there is a complete distinction between Opening Streets, & Working upon them afterwards agreeable to Ordinance.
The said he had not power to appropriate agreeably <​equitably​> upon Streets already Ordered to be <​opened, & those to be hereafter​> opened, & that the passage of the Law in question is necessary to enable him so to do.
Colr J. Smith said, the has exclusive Jurisdiction over all Ordinances when once made, & does not require any further law to be passed, to enable him to have work appropriated upon the Streets already opened, as well as those that may be hereafter opened.—
The desired that some of the Col wd move to have the Bill amended, by striking out the Words Mayor & Supervisor, which was moved & Seconded.
Colr J. Smith opposed the amendment, & wishes the Bill to be destroyed.
Col. went to shew the difference between Acting generally under the Charter, & acting under technicalitites when Streets are once opened, he wd wish to go liberally under the Charter, & not to bring on an Arduous task by ordering the to do Acts which he must do with his own Hands, if he has not other means.
The again spoke in Explination.—
spoke
opposed the Amendment, & will vote for the Bill as in its original State.
Considers the Bill should be amended, & he will then vote for it. [p. 32]
Colr. J. Smith obtd liberty to take the Floor, & wished the bus to be investigated carefully, & if necessary to postpone a decision until a proper understanding can be had, & a just & proper decision made.
The Original Motion withdrawn.
Adjourned until 6 oClock this Evg.
Col. met purst to adjournment,
Resignation of as a Counsellor, accepted. appointed in his Stead, by an Unanimous vote.— elected <​appointed​> City Attorney.—
Petn. of (claiming Damages for the House which was removed on the Hill, which had been declared a Nuisance,) was Read,— liberty given to Amend, & Petn. amended accordingly,
on the part of Petr., spoke in support of the Petn., to considerable length.—
spoke in opposition to taking the Petn. into Considn., or acting upon it.
Colr. spoke strongly in opposition to the Petn..—
Colr , sd. he considered the only way to get Rid of the Nuisance, was to destroy the Nuisance, for the Character of the <​Building, or​> place, was depicted upon it, inside, & outside.
, on the part of ; the question whether the House was a Nuisance must be got at in order to ascertain whether Damages should be Granted, he cd. not see how it cd be declared a Nuisance, there is only 3 kinds of Property, & this was not any of them, the three are, obstruction of the public Highway, any thing injurious to the public Health, or any thing of an Exhibition that is obscene. Damages will be for the value of the Property, & hopes the Council will give fair Compensation, & prevent the necessity of such a proceeding, he stated that the Majority of the Col had a Right to view Nuisances, to present them [p. 33] them, & Remove them immediately.
Colr. J. Smith spoke in Correction, & explination of what had been urged by the Lawyers, <​& said​> that Barrels were kept inside, & removed to the outside, & drunkenness carried, on in & about the place, will not Consent to pay any Damages, & <​said​> “if it be appealed to another Court, we will Respect the decision of that Court.”
wishes to know who the Property belongs to, & wd require Testimony to that Effect, & therefore Moves that the Petn. be laid on the Table in the meantime.
The obtained liberty to Speak, & Cited Cases to Warrant the Removal of Nuisances, & supports the Removal of the Building in question in the manner it was done.— & could not vote for Damages.
Moved Seconded & Carried, that the Council approve of the Acts of the , as respects the Removal & destruction of the Nuisance
Motion lost, whether the Amount of Damages claimed be paid to Petr..
Adjourned to one oClock P. M. on Saturday next, the 6th. day of November Inst., at same place.
Novr. 1st. 1841.— [p. 34]