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Lambton and

Kent.

of Kent and Lambton, shall form a Provisional Municipal Council for such Counties as United Counties, and such Provisional Municipal Council shall, with respect to such Counties, have, possess and exercise all and singular the rights, powers, privileges and duties hereby conferred, granted or imposed upon Provisional Municipal Councils generally, erected by Proclamation under the authority of this Act, and also all such powers as by an Act of the Parliament of this Province, passed in the Session held in the tenth and eleventh years of Her Majesty's Reign, intituled, An Act to divide the Western District of the Province of Canada, and for other purposes therein mentioned, were Act 10 & 11, V. conferred upon the Township Councillors of the different Townships of the said Counties; and such Provisional Municipal Council shall be charged with and liable to any debt that may have been contracted by competent authority on behalf of the District by that Açt intended to be erected; and the Municipal Corporation of such United Counties, both Provisional and Permanent, shall, and they are hereby required to provide for the payment of every such debt, and in default of their doing so, the same shall and may be sued for, recovered and levied by rate or otherwise, as in the case of debts of any other Municipal Corporation in Upper Canada.

c. 39.

of Kent and

XXXI. And be it enacted, That so soon as the Court House and Further provision in regard to the Gaol, now in course of being erected under the authority of the said United Counties Act of Parliament last mentioned, shall have been completed, according Lambton. to the provisions of the said Act, and the other provisions of the fifteenth Section of this Act, shall have been complied with by the said United Counties of Kent and Lambton, it shall and may be lawful for the Governor of this Province in Council to issue a Proclamation, dissolving the Union between the said United Counties of Kent and Lambton and the County of Essex, and from thenceforth the said United Counties of Kent and Lambton shall form a Union of Counties, and all the provisions of this Act applicable to Unions of Counties in general shall be applicable to such Union to all intents and purposes, as if such United Counties were set forth as such in the Schedule to this Act annexed marked A.

pending actions

ceedings in the

present Districts.

XXXII. And be it enacted, That all actions, informations, indict- Provision ns to ments, inquisitions and other proceedings, of what nature or kind soever, and other prowhether of a judicial or any other character, now pending in the several Districts in Upper Canada, shall from henceforth be deemed and taken to all intents and purposes whatsoever, to be pending in the Counties or Unions of Counties, to which they are respectively transferred, as respectively set forth in the Schedule to this Act annexed marked B, as

Recital.

Townreeves in
each of the
Counties of
Haldimand and

if the same had been originally instituted and proceeded with in such Counties or Unions of Counties respectively, and the different Courts, Officers and other Authorities in which or before whom the same shall be respectively pending, shall take such order respecting the same as may be necessary or expedient for the proper disposition of the same, according to law, without prejudice to the parties interested or affected, or any of them, from the abolition of such Division into Districts, and the establishment of a Division into Counties in lieu thereof, as herein provided.

XXXIII. And whereas divers of the inhabitants of each of the two Counties of Haldimand and Welland, the Junior Counties of the United Counties of Lincoln, Haldimand and Welland, have petitioned Parliament to be set apart for judicial and other purposes, and the sense of the said two Counties respectively being in favour of such separation, and their wealth and population being sufficient to entitle them to the same, according to the provisions of this Act, for the dissolution of such Unions, it appears expedient that provision should be at once made for enabling such two Counties, or either of them, to procure such separation so soon as they shall have made the necessary preparations for that purpose: Be it therefore enacted, That the Townreeves of the different Townships, Unions of Townships, Villages and Towns in each of the Welland to be a said two Counties of Haldimand and Welland, shall form a Provisional Municipal Council for each of such Counties respectively; And each of such Provisional Municipal Councils shall, with respect to their respective Counties, have, possess and exercise all and singular the rights, powers, privileges and duties hereby conferred, granted or imposed upon Provisional Municipal Councils generally erected by Proclamation under the authority of this Act, and each of such Provisional Municipal Councils shall and may, so soon as they shall think fit so to do, proceed to determine the place in such County for the County Town thereof, and to purchase the necessary property thereat, and to erect the necessary public buildings upon such property.

Provisional

Council, &c.

Provision respecting the Union of the

Counties of Lin

and Welland.

XXXIV. And be it enacted, That so soon as the Court House and Gaol of either of such two Counties shall have been erected and comcoln, Haldimand pleted at the County Town of such County, according to the provisions of the fifteenth section of this Act, and the other provisions of the said fifteenth section shall have been complied with by such County, it shall and may be lawful for the Governor of this Province in Council, to issue a Proclamation dissolving the Union between such County and the United Counties of Lincoln, Haldimand and Welland, or, if one of such Counties shall have been then already separated by Proclamation from such Union, then dissolving the Union between such County and

the said County of Lincoln, and from the date of such Proclamation dissolving the Union between either of such Counties and the other two Counties belonging to such Union, the remaining County shall, with the said County of Lincoln, form a Union of Counties until the Union between the other of such Counties and the said County of Lincoln shall in like manner be dissolved, and from the separation of either of such two Counties from the said United Counties of Lincoln, Haldimand and Welland, the said County of Lincoln and the other of such two Counties shall form a Union of Counties under this Act, until the separation of such two last mentioned Counties as herein provided ; and all the provisions of this Act applicable to Unions of Counties in general, shall be applicable to such Union, to all intents and purposes, as if the said County of Lincoln and such other County had been set forth as such, in the Schedule of this Act annexed marked A.

Districts trans

ties and Unions.

XXXV. And be it enacted, That all the public property, both real property of and personal, of the several Districts in Upper Canada, shall become ferred to Counthe property of, and the same is hereby conveyed and transferred to and vested in the Municipal Corporations of the several Counties and Unions of Counties, to which respectively the judicial and other proceedings pending in such Districts respectively, are transferred by the thirtieth Section of this Act, as set forth in the said Schedule to this Act, annexed marked B.

Acts, &c., in

this Act

XXXVI. And be it enacted, That all Acts and parts of Acts and consistent with provisions of Law of what nature or kind soever, in force in that part repealed. of this Province called Upper Canada, or any part thereof, immediately before the time this Act shall come into force, which shall be inconsistent with or contradictory to this Act, or any part thereof, or which make any provision in any matter provided for by this Act, other than such as is hereby made in such matter, shall, so far as the same shall be inconsistent with the provisions of this Act or any of them, be, and the same is hereby so far repealed to all intents and purposes whatsoever.

Justices of the

Counties and

XXXVII. And be it enacted, That Her Majesty's Justices of the Who shall be Peace, and other persons holding Commission or Office, or bearing law- Peace in ful authority, in the different Districts in Upper Canada, from which Unions. judicial and other proceedings are by this Act transferred to the several Counties and Unions of Counties in the same, as set forth in the Schedule to this Act annexed marked B, shall continue to hold, enjoy and exercise the like Commission, Office, Authority, Power and Jurisdiction, within the County or Union of Counties, respectively, to which such judicial and other proceedings are hereby respectively transferred as in

Y

Act may be amended this Session.

the said Schedule set forth, respectively, to all intents and purposes whatsoever, as if their respective Commissions or other authorities were expressed to be for such County or Union of Counties, instead of for such District respectively.

XXXVIII. And be it enacted, That this Act may be amended, altered or repealed by any Act to be passed in this present Session of Parliament.

Schedule A.

SCHEDULE A.

Counties of Upper-Canada united for Judicial and other purposes.

The United Counties of

1. Essex and Kent.

2. Frontenac, Lennox and Addington.
3. Lanark and Renfrew.

4. Leeds and Grenville.

5. Lincoln, Haldimand and Welland.

6. Northumberland and Durham.

7. Prescott and Russell.

8. Stormont, Dundas and Glengary.
9. Wentworth and Halton.

Schedule B.

SCHEDULE B.

Counties and Unions of Counties in Upper-Canada, to which Judicial and other proceedings of the late Districts are transferred respectively under this Act:

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Counties in Upper-Canada which henceforth shall, for all purposes, include and consist of the Townships and places therein mentioned.

1. Haldimar d, which shall include and consist of the Townships of Canboro, Cayuga, Dunn, Moulton, Oneida, Rainham, Seneca, Sherbrooke, and Walpole.

2. Halton, which shall include and consist of the Townships of Beverly, Dumfries, Esquesing, East Flamborough, West Flamborough, Nassagaweya, Nelson and Trafalgar.

3. Norfolk, which shall include and consist of the Townships of Charlotteville, Houghton, Middleton, Townsend, Woodhouse, Windham,' Walsingham and Long Pointe, and Ryerson's Island in Lake Erie.

4. Waterloo, which shall include and consist of the Townships of Arthur, Amaranth, Bentinck, Derby, Eramosa, Egremont, Erin, Guelph, Glenelg, Garrafraxa, Holland, Luther, Mornington, Minto, Maryborough, Melancthon, Normanby, Nichol, Peel, Proton, Puslinch, Sydenham, Sullivan, Waterloo, Wilmot, Woolwich and Wellesley.

5. Wentworth, which shall include and consist of the Townships of Ancaster, Brantford, Binbrooke, Barton, Glandford, Onondago, Saltfleet and Tuscarora.

Schedule C.

TERRITORIAL DIVISIONS ALTERA-
TIONS, 1851.

ACT 14 & 15 VIC„, CAP. 5.

An Act to make certain alterations in the Territorial Division of

Upper Canada.

Whereas it is expedient to make certain alterations in the present Preamble. Territorial Divisions of Upper Canada, for Judicial, Municipal and other

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