Returning Power of Returning Officer. Deputy-Returning Officers. First election. Last Assessment Roll to be used. First meeting of Council. Aldermen being elected for each ward, and at the first election the qualification for the said offices of Mayor and Aldermen, and all other officers of the said City, and of the electors thereof, shall be the same respectively as required in towns. 3. James Woodyatt, of the said Town of Brantford, Esquire who is now the Clerk thereof, or, in case of his death or inability to act, such other person as the Council of the said Town may by by-law, to be passed before the thirty-first day of December next, appoint in his stead, is hereby appointed the Returning Officer for the purpose of holding the nomination for the first election of Mayor, and it shall be lawful for and incumbent upon the Returning Officer to hold such nomination at the City Hall, in the said City of Brantford, at the hour of ten o'clock in the forenoon of the said thirty-first day of December. 4. The said Returning Officer shall have all the powers and perform all the duties of Clerk of the said City, until the appointment by the Council thereof of some other person in his place and stead. 5. The Council of the said City shall have power by bylaw to be passed before the said thirty-first day of December, to appoint a Deputy Returning Officer for each of the several polling sub-divisions of the said City, each of whom shall have all the powers and perform all the duties of Deputy Returning Officers in Municipal elections for cities, and also by by-law, to be passed within the time aforesaid, to name the places in each of the several wards at which the nominations of Aldermen and election of Mayor and Aldermen shall be held in case a poll be required. 6. The said nominations for Aldermen shall be held on the said thirty-first day of December, at noon, and if a poll be required, the same shall be opened on the same day of the following week, and the nominations and elections of Mayor and Aldermen shall, except in so far as is herein otherwise provided, be conducted and regulated in the same manner as such nominations and elections are conducted and regulated in municipal elections for cities. 7. The last revised assessment roll and voter's list of the said Town shall be taken to be the roll and voter's list for any future election either to the Municipal Council or to the Legislative Assembly in the said City until another assessment shall be made and the roll thereof shall be revised, and the voter's list thereunder shall be duly made and completed. 8. The said Returning Officer shall call together the members of the said Council, for the purpose of being organized as a Council, two weeks after the said nomination, or, in case of a a poll or polls having been opened, two weeks after the election; such meeting to be held in the City Hall. of the Town. 9. The property, assets, debts, liabilities, and obligations of Property, &o., the said Town of Brantford shall belong to, and be assumed and paid by the Corporation of the said City of Brantford, and the officers and servants of the said Town of Brantford shall, until superseded in or removed from office by the said City Council, remain the officers and servants of the said City of Brantford. bodies from 10. It shall be lawful for the said Corporation of the Removal of said Town or of said City after the removal of all of the bodies cemetery, interred in the present Cemetery, owned by said Town, known as "Mount Hope Cemetery," situate in the Township of Brantford, and purchased by said Town from Joseph D. Clement, and of the head-stones and monuments erected over such remains, to another Cemetery which they may or shall purchase as a new Cemetery or which may be purchased by any company with the consent of said City in lieu of the said Mount Hope Cemetery, to sell, dispose of, and convey the said Mount Hope Cemetery, by public auction or by private sale, and for cash or upon time, or partly for cash and partly on time; and such Corporation may take, accept, have and hold any mortgage or other security for any balance of such purchase money: Provided always, that in case of such purchase of a new Cemetery and of such removal as aforesaid, persons owning plots in the present Mount Hope Cemetery shall be entitled to plots of like size and, as near as may be, similar as to location in such new Cemetery, and in case of dispute, as to the location of such new lot, the same shall be determined by the Judge of the County Court of the County of Brant for the time being, whose decision shall be final. In the event of said City arranging with a company for the purchase by such company of such new Cemetery, the said Corporation may grant to said company as a bonus the proceeds of said Mount Hope Cemetery, or the securities therefor held by them or any part thereof, upon such terms as may be agreed upon by the Corporation and company bodies. 11. The said Corporation, its successors and assigns, is Expense of reand are hereby authorized and empowered forthwith, after moval of the giving notice as hereinafter mentioned, to remove from the said Mount Hope Cemetery all the remains of the dead therein interred to such other new Cemetery as shall be purchased by said Corporation or its successors, at the sole expense, charge, and cost of such Corporation or its successors, and to re-inter such remains decently and in order, and to erect any monument, or monuments, head-stone or head-stones erected in Mount Hope Cemetery at the time of such removal, and so far as reasonably may be, with a due regard to the wishes or desires of the relatives or friends of the deceased, as to the manner of such removal and re-interment. 12. Notice of removal of the bodies. Police Force. Municipal Act to apply. Arbitration. 12. The said Corporation and their successors shall, before removing the remains of the dead as aforesaid, during the period of one month publish a notice once in each week in each of the newspapers published in the said Town or City, stating their intention to remove the said remains after a day to be named in the said notice, which day shall not be less than six weeks after the first publication of the said notice, and no further or other notice to the friends or relatives of the deceased shall be necessary. 13. Notwithstanding any statute to the contrary, the said City Council shall have power to organize or continue a Police Force, and to regulate and control the same, and the members thereof, and to fix the salary and allowances of the said members, and in the said City the provisions of the said Municipal Act respecting Police Commissioners, shall not apply, or be of any effect, unless, and until adopted by by-law of the said City Council. But this section shall not apply, or have any force or effect after it shall appear from any general census or from any census which may be taken by the Assessor or under a by-law of the Municipality that said City contains twelve thousand inhabitants or more. 14 All the provisions of the said Municipal Act generally as therein in force, so far as the same relate to cities, and so far as the same are not inconsistent with the express provisions of this Act, shall, upon, from and after the said thirtyfirst day of May, extend and apply to the said City of Brantford in as full, ample, and complete a manner as if the same had been herein expressly enacted. 15. In the event of the arbitration between the said Town and the County of Brant, and the award to be made therein being unfinished on the said thirty-first day of May next, the same shall proceed to completion between the said City and County, in the manner provided by the Act entitled "An Act respecting Municipal Institutions in the Province of Ontario," and without again submitting the question of separation from the County to the ratepayers of said City. Preamble. CHAP. 35. An Act to extend and define the Limits of the Town of Orillia. [Assented to 2nd March, 1877.] WHEREAS the Council of the Town of Orillia, in the County of Simcoe, and the inhabitants of adjacent territory included within the boundaries hereinafter mentioned, have, by their petitions, represented that the extension of the present limits of said Town by the addition of the hereinafter mentioned adjacent portion of the Township of South Orillia would promote its future progress and prosperity, and enable its inhabitants to carry out improvements they are desirous of making on said territory, and whereas it is expedient to grant the prayer of the said petitions: Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: Orillia to form 1. That portion of the Township of South Orillia lying to Lots in South the south and east of the said Town of Orillia, not already inpart of Town cluded within the limits of the said Town, and which includes of Orillia. the south half of the west half of lot number ten, and the east half of lot number ten, and the east and west halves of lot number eleven, and broken front lot number twelve, and the east and west halves of lots number thirteen and fourteen in the fifth concession, and the west halves of lots numbers nine, ten, eleven, twelve, thirteen, and fourteen, and the east halves of lots numbers eleven, twelve, and thirteen in the sixth concession, and lots numbers nine, ten, eleven, twelve, and thirteen in the seventh concession of said Township, and which parcels of land are butted and bounded on the west by the road allowance between concessions four and five, on the south by Lake Simcoe, on the east by narrows between Lakes Simcoe and Couchiching, on the north by Lake Couchiching and the line between lots nine and ten across the east half of the fifth concession, and thence southerly along the centre line of said fifth concession to the line between the north and south halves of the west half of said lot ten, thence westerly along the said line to the road allowance between concessions four and five, which forms the westerly limit of said proposed addition shall from and after the first day of June, in the year of our Lord one thousand eight hundred and seventy-seven, be added to the limits, and form part of the said Town of Orillia, subject to the same provisions of law as if such additions had been made under the provisions of "The Act respecting Municipal Institutions in the Province of Ontario," and amendments thereto, except in so far as the same are inconsistent with the provisions of this Act. of Electors. 2. At the first election of a Municipal Council held under Qualification this Act, the qualification of the electors whose names appear upon the assessment roll for said added territory, shall be the same as that required in Townships; and at all subsequent elections the qualifications of electors and of the members of the Council and other officers shall be the same as that required in incorporated Towns. 3. The Clerk of the United Townships of Orillia and Matche- Clerk of Towndash, shall, upon demand made upon him by an officer of the said ship to furnish Town certificates. Expenses of Act to be borne by Town. Vote to be Act to take effect. Town, at once furnish such officer with a duly certified copy of so much of the last revised assessment roll for the said Township as relates to the said territory, or as may be required to ascertain the persons entitled to vote at the first election in said Town after the said first day of June; or with the Collector's roll, or other documents or writings that may be required for that purpose. 4. The expenses incurred to obtain this Act shall be borne and paid by the said Town Council out of the Corporation moneys. 5. This Act shall not come into operation unless and until taken before the said extension of the limits of the Town of Orillia shall be sanctioned by a majority of the ratepayers of the aforesaid portions of the Township of South Orillia, who shall vote upon the said question at a vote to be taken in the following manner, praying that such vote may be taken : (1.) Upon a petition, praying that such vote may be taken, signed by at least ten of the ratepayers of the said portions of the said Townships to be so annexed, and being presented to the Reeve of the United Townships of Orillia and Matchedash, it shall be the duty of the said Reeve forthwith to call together the Council of said Townships, who shall, without delay, pass a by-law fixing a time and place within the said territory to be annexed as aforesaid, and appointing the Returning Officer for the taking of said vote and regulating the manner of taking thereof; and the Returning Officer shall record the names of those ratepayers who vote either for or against the said annexation to the Town of Orillia, as the case may be. (2.) Notice of the time and place for taking such vote shall be given by the publication thereof for two weeks in some newspaper published in the Town of Orillia, (3.) In case the said Council of the said Township shall fail or neglect to pass such by-law within three weeks after a petition shall have been presented to the said Reeve as aforesaid, then it shall be the duty of the said Reeve himself to appoint such time and place and Returning Officer to take said vote and to give notice thereof as aforesaid. (4.) All expenses connected with the passing of the said bylaw and the taking of said vote shall be payable by the Corporation of the Town of Orillia. СНАР. |