The Last Laird of MacNab: An Episode in the Settlement of MacNab Township, Upper Canada
History
The Last Laird of MacNab: An Episode in the Settlement of MacNab Township, Upper Canada
MacNab, Archibald, 1778?-1860
Driven almost to desperation, Mr. John Paris at length resolved to
institute legal proceedings for redress. To submit to this oppression
was criminal. To apply to the courts for protection would entail
enormous expense; but no alternative presented itself. Remonstrance had
been used repeatedly and ineffectually. Every pacific effort had been
tried in vain. The Chief was obdurate. A narration of the whole
transaction, from first to last, had been prepared by the writer. Mr.
Paris went to Perth and applied to Mr. Radenhurst and some of the
veteran practitioners, who advised unfavorably as to the commencement of
legal proceedings. As a last resort he consulted Mr. W. O. Buell, then a
new beginner. Mr. Buell took time to reply. He studied the case
profoundly in all its bearings, and found it was practicable to obtain
ample redress. Hitherto, actions had been brought for damages done by
back water. None had ever been tried in our courts for withholding and
purposely stopping the natural flow of water down stream. Mr. Buell
reported favorably on all points, and advised immediate legal
proceedings. The Laird's mill and part of his dam were erected on the
concession line, thus blocking up Her Majesty's highway. This was a
public nuisance. This was a salient point of attack. It was resolved to
proceed criminally on this point, by indictment. _Actions on the case_
were also commenced against McNab and Wm. Yuill. At the Spring Assizes
in May, 1843, Mr. Paris, attended by Daniel McIntyre (Dancie), Mr. James
Headrick, Sr., and a number of witnesses, having proceeded to Perth,
laid the matter before the Grand Inquest of the Bathurst District. A
Presentment was brought into court indicting the Chief for erecting
nuisances on the public thoroughfare of the township. Mr. Thomas M.
Radenhurst was Crown Officer, and immediately prepared a formal Bill of
Indictment. It was brought into court by the Grand Jury endorsed a "True
Bill." The Chief, then in court, was immediately arrested, and being
arraigned pleaded "Not Guilty." On motion of Mr. McMartin the trial was
put off till the Autumn Assizes, and the Chief admitted to bail. The
civil suits were also on affidavit postponed by McNab.
Public-domain text, read in full here on John Shaqi.
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