I came across this article while doing some more research on the McNeely family that I had done for Jennifer this year.– Frances Moore
This would have been originally Moore Land, I believe there was also a reference in onland.ca regarding this road allowance, but the property was sold to McNeelys at some point. I’m guessing this is eventually where Wava Armstrong (my mother’s sister) had Wave’s Inn. Wava’s daughter was Joan Hamilton.
“The corporation of the township of Beckwith in this action seeks to have part of lot 14 in the 11th concession of the township, owned by the defendant, declared part of the public road crossing the lot. The road in question is a very old one leading from Franktown to Carleton Place and within the memory of those living at the present time has been the width of about forty feet.
About ten years ago the council was asked, by the largest petitions from interested parties, to have the road opened to a uniform width of sixty-six feet, and from time to time expanded money in the purchase from owners of the land through which the road passes of sufficient land for the purpose. In this way the road has been opened sixty-six feet wide from Franktown to the defendant’s lot, which is partly within the town of Carleton Place.
About the time the council came to deal with the authorities–had taken action in reference to the opening of the road, and from the copy of the plan it appeared to be sixty-six feet wide. The council therefore effused to purchase from the defendant, and brought the action to recover possession of two strips of land enclosed by the defendant’s fences, which were needed to make the road sixty-six feet wide. The defendant disputed the validity fo the proceedings of the quarter sessions, upon various grounds, and asserted that the road was simply a forced road and that the public were entitled simply to the the use of the travelled portion.
During the trial some interesting evidence was adduced. A record of the roads laid out by the quarter sessions reaching back as far as 1823 was filed, as also a deed dated August 1824 from the surveyor of highways of a road allowance in the township Sheriff Thompson was called to prove the destruction of the court house by fire in 1840 and the loss of all official documents, in order to account for the non-production of some documents necessary to show the proper establishment of the road. Judgement in the case was reserved. Aylesworth, KC, EG Malloch and George Findlay, counsel for Plff, Watson KC and JA Allan, counsel and JSL McNeely, solicitor for defendant.