Upper Canada Land Petition Thurlow Township 1836

Petition Regarding the Base Line of Thurlow

1836 Upper Canada Land Petition

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Records of the Bay of Quinte

This is the third petition asking for the issue of the base line of Thurlow Township to be settled. Thanks to Shelley Banks for bringing this petition to my attention.

See the two previous petitions by the inhabitants to deal with this is in 1810 and 1824. The 50 signatures of inhabitants are helpful in determining these people to be living at that time..

Source: Upper Canada Land Petitions, Thurlow, 1836, V503, bundle T19/41, Archives of Ontario, Film C-2837, online at LAC, starts at image 425. See the excellent map of Thurlow on images 433 and 434.
© Randy Saylor,  Nov 2020



1836 PETITION
[undated but certainly done about Mar 1836.]
The petition of [James] Clark, [William] Boylen, John Taylor, Mathew Stafford, John Fairman Jr, Joshua Crysdale, George Reddick, Frederick Post as principles ... and other inhabitants of the Township of Thurlow. The scribe for this petition and the Mar 1836 affidavit of William Fairman [432] is Thomas Parker JP. They were probably written the same day. ...

This is a complicated petiton and runs 3 pages. Here is a brief summary. The reader should examine the map [433] and note the base line marker A and how it jogs in two steps towards the Bay of Quinte.  BF stands for Broken Front.

[425] The surveyor "Cote" [Lewis Kotte] laid the base line in 1788 and this is the line marked A on the map. The principles in this petition are the owners of lots 21 to 23 and 27 to 30 which are affected by the jog in the base line. The 1788 survery being "generally known", the owners went ahead and cleared the land and built buildings to a value of £1535. In 1792 a new base line was drawn straight across.

[426] Five law suits at the "expense of at least £500 and all have resulted in the confirmation of the titles of your petitioners to the land as far as Cote's base line. They thought the matter was settled but "are now again worried by fresh surveys, all intended to produce new and vexatious suits .." The inhabitants want to put "this annoying question to rest." The front of lots 28 to 30 is about 100 acres marked "Reserved for the Indians." ... "The indians had in former times been accustomed to encamp there and when Cote drew the line, the indians insisted that a reserve should be left them as an encamping ground, and consequently Cote drew his line ..." leaving about 100 acres for an indian encamping ground.

 [427] "And now your petitioners having laid care fully before your Excellency in Council, they pray that you will be pleased to put an end to the vexations to what they have been subject, by ordering that the base line, as given by Cote be declared the base line of the Township. Its between this base line, and the line marked A, all the improvements amounting to £1535 are made. Your petitioners pray this in order to avoid further troubles & vexations with law, and not because they are the least doubtful of the validity of their claims to the land as far as the base line drawn by Cote in 1788."

[See image 428 for the signatures.]
John Taylor - son of a UE Parties immediately
George Redick - son of a UE interested and 
Frederick Post owners of their property
William Post
John Jr Fairman
Joshua Crysdale
William Boylen
James Clark


Thomas Parker JP General Petitioners
G Ridley ? John Turnbull JP
S? Bull G Benjamin ?
Wm Baldwin James Macnab ?
A Baldwin Jr R McMichaels ?
George Bleecker Alexr McKenzie
Harvey Fowler W Murney
William B Bell Peter Grant
William Fairman Hector Leavens
William Hall George Mitchell
George Palmer John Addison
John Palmer Geary James ?
D McLellun Wm Gill
William Gibson Royal Munro
Ralph Gibson Thos Raynor ?
Robert Gibson Zenas Dafoe
Caleb May Jno Hubbard
Allan Petrie James MacDonald
J A Meyers John Crysdale
Lewis Wallbridge Philip Redick
Thos D Appleby Benjamin F Gerow
Richard Sagin ? John Post
Jno O Petrie James Gerow
Archd Menzies George Taylor
George Shouler ?



[41c - image 432]
17 Mar 1836, affidavit of William Fairman of Thurlow, yeoman, before Thomas Parker JP sayeth that about 48 years ago he remembers the base line being surveryed. He "had a good opportunity to knowing this part, as the surveyor, whose name was Cote, resided with his father, while said base line was laid down, and that he was of sufficient age to understand matters ..."



[image 435-437]
26 May 1836, Surveyor's General Office
Below are excerpts and abbreviations of this lengthy 3 page report.

[435] ...  the entries on the original documents cannot be removed from one concession to another - the error complained of by the Petitioners arises from the locatees settling themselves down on the scaling line instead of the Concession line, whether run or not does not alter the position in this instance
[436-7] the original line was retraced by S.W. Wilmot Depty Surveyor in 1818. The Plan of the Thurlow for lots 23 to 30 "is in the same range with the first concession (Broken Front)" and so on through the Township to the 10th concession. If the prayer of the petitioners is answered then the owners of lots 23 to 30 in in the 10th will lose land. An Act of Legislature would be required to make the alteration. The SGO wonders if "matters could be so agjusted that the rights of others would not be infringed" with respect to the 1st concession (Broken Front.) ...



[439] 2 Oct 1838, Thurlow, John Crysdale, owner of lot 22 in the Broken Front ... "great difficulty arising from different surveys & heavy lawsuits pending" that your petitioner holds and has improved by the line known as Mr Koty's line, which is much more south then the line known as Mr Wilmots line." ... petitioner wishes to know his boundaries ... wishes to purchase the broken front of Lot 22 1st Con Thurlow