Minister of Church

Act, it shall and may be lawful to, and for the Minister or Clergyman of any of Scotland, &c. aucongregation or religious community of persons, professing to be members thorised to celebrate of the Church of Scotland, or Lutherans, or Calvanists, who shall be au- marriage. thorised in manner hereafter directed, to celebrate the ceremony of Matrimony, according to the rights of such Church or religious community, between any two persons, neither of whom are under any legal disqualification to contract matrimony, and one of whom shall have been a member of such congregation or religious community, at least six months before the said Marriage, any law or usage to the contrary notwithstanding.

before six Magistrates sembled, and take the Oath of Allegiance.

in Quarter Session as

II. Provided nevertheless, and be it enacted by the authority aforesaid, That Minister or Clergyno person shall be taken, or deemed to be a Minister or Clergyman of any man must have been such congregation or religious community, within the intent and meaning of this Act, who shall not have been regularly ordained, constituted, or appointed, according to the rites and forms of such congregation or religious community, and unless he shall have appeared, or come before the Justices of the Peace assembled in Quarter Sessions, in the District in which he shall reside, when not less than six Magistrates, besides the chairman, shall be present, and shall have then with him at least seven respectable persons, members of the congregation or religious community to which he belongs, who shall declare him to be their Minister or Clergyman; and unless he shall produce proofs of his ordination, constitution, or appointment to that office, and unless he shall then and there take the Oath of Allegiance to His Majesty; when, if it shall appear to the majority of the Justices then present, expedient and proper, they are hereby authorised to grant him a certificate under the Seal of the Court, and signed by the Chairman and Clerk of the Peace, (for which the said Clerk of the Peace shall be entitled to demand and receive the sum of five shillings) certifying him to be the settled Minister or Clergyman of such congregation or religious community; which certificate shall be in the following form:

BE IT REMEMBERED, that at the General Quarter Sessions of the Peace, holden at the Town of in the County of in and for the District, on the day of in the year of Our Lord before A. B. (and six others) Esquires, and others, Justices of our Sovereign Lord the King, assigned to keep the Peace in the said District, &c. came C. D. of together with E. F. of (and six others, whose names and descriptions must be inserted) members of a (Congregation) or (Community) of in the County of in the said District. And the said E. F. &c. being duly examined, satisfied the Court that the said C. D. is the settled (Minister) or (Clergyman) of the said (Congregation) or (Community) and was regularly ordained, constituted, and appointed thereto. J. K. Clerk of the Peace. G. H. Chairman.

at

Fee to the clerk.

Form of certificate

No certificate to be given unless notice

&c.

III. Provided nevertheless, That no such certificate shall be given by the said Court of Quarter Sessions as aforesaid, unless the person applying for shall have been given. the same shall have given notice in writing, to the Clerk of the Peace, at, or before the General Quarter Sessions immediately preceding that on which he shall apply for such certificate; which notice in writing, the said Clerk of the Peace shall read in open Court, and shall also fix up in some conspicuous

C 2

part

unless, &c.

part of his office, within eight days after the same shall have been so read: for which service he, the said Clerk of the Peace, shall be entitled to demand and receive the sum of five shillings and no more.

IV. Provided also, and be it further enacted by the authority aforesaid, That No clergyman to no such Minister or Clergyman shall, at any time, celebrate the ceremony of celebrate matrimony Matrimony between any two persons as above described, unless he shall on three several Sundays before he shall celebrate the said ceremony, openly, and with a loud voice in the Church, Chapel, Meeting House, or other place of worship of such congregation or religious community, either in some intermediate part of the service, or immediately before it begins, or immediately after it is ended, declare his intention so to do; and shall at each time of making such declaration, also declare the number of times for which he shall have made such declaration respectively; or unless such Minister or Clergyman, shall have been duly authorised by licence, under the hand and seal of the Governor, Lieutenant Governor or Person administering the Government of the Province, to celebrate the said ceremony between the two persons therein named.

Parties may demand certificate.

Form thereof.

gistered.

V. And be it further enacted by the authority aforesaid, That it shall and may be lawful to and for the parties thus married, or either of them, to demand of the said Minister or Clergyman, and he is hereby authorised and required to give the same a certificate of such marriage, which may be in the following form, viz :

and C. D. of

WHEREAS A. B. of were desirous of intermarrying with each other, and have applied to me for that purpose, their intention so to do having been regularly proclaimed on three several Sundays, as is directed, or having presented a licence, (as the case may be.) Now these are to certify, that I, E. F. Minister of the community of this day married the said A. B. and C. D. together, and they are become legally contracted to each other. As witness my hand at

in the year of Our Lord

In presence of G. H.

J. K.

at

this

have

day of

Certificate to be re- Which certificate shall, and may be registered by the Clerk of the Peace, in like manner as is directed in the aforesaid Act, passed in the thirty-third year of His Majesty's Reign, intituled, " An Act to confirm and make valid Certain Marriages heretofore contracted in the Country now comprised within the Province of Upper Canada, and to provide for the future solemniza tion of Marriage within the same."

brated since the pass

VI. And be it further enacted by the authority aforesaid, That all Marriages All marriages cele which may have been celebrated since the passing of the said Act of the ing 33d Geo. 3d, by thirty-third year of His Majesty's Reign, by any person who shall obtain such person as, &c. such certificate as aforesaid, between any two persons, either of whom now is, or then was, a member of any of the said congregations or communities above named, shall be deemed good and valid, any law to the contrary not withstanding.

valid.

CHAP. V.

CHAP. V.

An Act for the better DIVISION of this Province.

[The Royal Assent to this Act was promulgated by Proclamation, bearing date January first, in the year of Our Lord One thousand eight hundred, and fortieth of His Majesty's Reign.]

FOR

OR the better Division of this Province; Be it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Assembly of the Province of Upper Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of Great Britain, intituled, " An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's Reign, intituled, "An Act for making more effectual provision for the Government of the Province of Quebec in North America, and to make further Provision for the Government of the said Province," and by the authority of the same, That the Townships of Lancaster (a), Charlottenburg and Kenyon, together with the tract of land claimed by the St. Regis' Indians, and c3) Such of the Islands in the River Saint Lawrence as are wholly, or in greater part opposite thereto, shall constitute and form the County of Glengary.

II. And be it further enacted by the authority aforesaid, That the Townships of Cornwall, Osnaburg, Finch and Roxburg, together with such of the Islands in the River Saint Lawrence as are wholly, or in greater part opposite thereto, shall constitute and form the County of Stormont.

III. And be it further enacted by the authority aforesaid. That the Townships of Williamsburg, Matilda, Mountain and Winchester, with such of the Islands in the River St. Lawrence as are wholly, or in greater part opposite thereto, do together, constitute and form the County of Dundus.

重

IV. And be it further enacted by the authority aforesaid, That the Townships of Hawkesbury, Longueil, with the tract of land in its rear, Alfred and Plantagenet, with such of the Islands in the Ottawa River as are wholly, or in greater part opposite thereto, shall constitute and form the County of Prescott.

Preamble.

(a) See 59th Geo. III

County of Glengary,

County of Stormont.

County of Dundas

County of Prescott,

V. And be it further enacted by the authority aforesaid, That the Townships County of Russe!!. of Clarence, Cumberland, Gloucester, Osgoode, hussell and Cambridge, with such of the Islands in the River Ottawa as are wholly, or in greater part opposite thereto, shall constitute and form the County of Russell.

VI. And be it further enacted by the authority aforesaid, That the Counties of Glengary, Stormont, Dundas, Prescott and Russell (a), do constitute and form the Eastern District.

VII. And be it further enacted by the authority aforesaid, That the Townships of Edwardsburg, Augusta, Wolford, Oxford on the Rideau, Marlborough, Montague and Gower, called North and South Gower, together with such of the Islands in the River Saint Lawrence as are wholly, or in greater part opnosite thereto, shall constitute and form the County of Grenville.

Eastern District

(a) See 56th Geo. III. c2 s 1.

County of Grenville:

County of Leeds.

County of Carlton.

District of Johns

town.

Township of Pittsburg.

VIII. And be it further enacted by the authority aforesaid, That the Townships of Elizabeth-Town, Yonge, (including what was formerly called Escot) Lansdown, Leeds, Crosby, Bastard, Burgess, Elmsley, and Kitley, together with such of the Islands in the River Saint Lawrence as are wholly, or in greater part opposite thereto, do constitute and form the County of Leeds.

IX. And be it further enacted by the authority aforesaid, That the Township of Nepean, with the tract of land to be hereafter laid out into Townships, between Nepean, and a line drawn north sixteen degrees west, from the north west angle of the Township of Crosby, until it intersects the Ottawa River, with such of the Islands in the said River as are wholly, or in greater part opposite thereto, shall constitute and form the County of Carleton.

X. And be it further enacted, by the authority aforesaid, That the Counties of Grenville, Leeds and Carleton, do constitute and form the District of Johnstown.

XI. And be it further enacted by the authority aforesaid, That Howe Island, and so much of the present County of Ontario as is wholly, or in greater part opposite to the Township of Pittsburg, be part of the said Township of Putsburg.

XI. And be it further enacted by the authority aforesaid, That Wolfe Island and Gage Island, and so much of the said County of Ontario as is wholly, or Township of Wolfe in greater part opposite to the Township of Kingston, do constitute and form the Township of Wolfe Island.

Island.

XIII. And be it further enacted by the authority aforesaid, That the residue Township of Am- of the said County of Ontario, do constitute and form the Township of Am

herst Island.

nac

County of Fronte

Incorporated Coun

herst Island.

XIV. And be it further enacted by the authority aforesaid, That the Townships of Pittsburg, Kingston, Loughborough, Portland, Hinchinbroke, Bedford and Wolfe Island, do constitute and form the County of Frontenac.

XV. And be it further enacted by the authority aforesaid, That the Townships ties of Lenox and Ad- of Ernest-Town, Fredericksburg, Adolphustown, Richmond, Camden, (distinguished by being called Camden East,) Amherst Island, and Sheffield, do constitute and form the incorporated Counties of Lenox and Addington.

dington.

County of Hastings.

County of Prince Edward.

XVI. And be it further enacted by the authority aforesaid, That the Townships of Sydney, Thurlow, the tract of Land occupied by the Mohawks, Hungerford, Huntington and Rawdon, do constitute and form the County of Hastings.

XVII. And be it further enacted by the authority aforesaid, That the Townships of Ameliasburg, Hallowell, Sophiasburg, and Marysburg, with such of the Islands in the Bay of Quinty and Lake Ontario, as are wholly, or in greater part opposite thereto, and such as were not formerly included in the County of Ontario, do constitute and form the County of Prince Edward.

XVIII

XVIII. And be it further enacted by the authority aforesaid, That the Counfies of Frontenac, the incorporated Counties of Lenox and Addington, Hastings, and Prince Edward, with all that tract of country which lies between the District of Johnstown and a line drawn north, sixteen degrees west from the north-west angle of the Township of Rawdon, till it intersects the northern limits of the Province, together with all the Islands in the Ottawa River wholly, or in greater part opposite thereto, do constitute and form the Midland District.

Midland District,

County of Narthum

XIX. And be it further enacted by the authority aforesaid, That the Townships of Murray, Cramahe, Haldimand, Hamilton, Elnwick, Percy, and Sey- berland." mour, with the peninsula of Newcastle, do constitute and form the County of Northumberland.

XX. Aud be it further enacted by the authority aforesaid, That the Townships of Hope, Clarke, and Darlington, with all the tract of land hereafter to be laid out into Townships, which lies to the southward of the small Lakes above the Rice Lake, and the communication between them and between the eastern boundary of the Township of Hope, and the western boundary of the Township of Darlington, produced north sixteen degrees west, until they intersect either of the said Lakes, or the communication between them, shall constitute and form the County of Durham.

County of Durham.

East Riding of the

XXI. And be it further enacted by the authority aforesaid, That. the Townships of Whitby, Pickering, Scarborough, York, including its peninsula, Eto- county of York. bicoke, Markhain, Vaughan, King, Whitchurch, Uxbridge, Gwillimbury, and the tract of land hereafter to be laid out into Townships, lying between the Counties of Durham and the Lake Simcoe, do constitute and form the East Riding of the County of York.

West Riding of the

XXII. And be it further enacted by the authority aforesaid, That the Townships of Beverly and Flamborough, the latter divided into Flamborough county of York. East and West, so much of the tract of land upon the Grand River in the occupation of the Six Nation Indians, as lies to the northward of Dundas street, and all the land between the said tract and the East Riding of the County of York, with the reserved lands in the rear of the Townships of Blenheim and Blanford, do constitute and form the West Riding of the County of York.

XXIII. And be it further enacted by the authority aforesaid, That Matchedash, Gloucester, or Penetangueshine, together with Prince William Henry's Island, and all the land lying between the Midland District and a line produced due north from a certain fixed boundary (at the distance of about fifty miles north-west from the outlet of Burlington Bay) till it intersects the northern limits of the Province, do constitute and form the County of Simcoc.

XXIV. And be it further enacted by the authority aforesaid, That the Counties of Northumberland, Durham, York, and Simcoe, do constitute and form the Home District.

County of Simcoe.

Home District.