Upper Canada divided into coun dule A. purposes: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That from and after the time when this Act shall come into force, Upper Canada shall be divided into the ties as for Sche- Counties mentioned in the Schedule to this Act marked A, which Counties shall respectively include and consist of the several Townships mentioned in the said Schedule as forming such County, and the Cities, Towns and Villages and the Liberties of the said several Cities therein: Provided always, that for municipal purposes, the Cities of Toronto, Hamilton and Kingston and the Liberties thereof shall not form part of the Counties of York; Wentworth and Frontenac within the limits whereof they are situate, but shall be Counties by themselves; and that for the purpose of representation in the Provincial Parliament, neither the said Cities nor the Liberties thereof, nor the Towns of London, Niagara, Brockville, Bytown or Cornwall respectively, shall form part of the Counties of York, Wentworth, Frontenac, Middlesex, Lincoln, Leeds, Carleton and Stormont within the limits whereof they are situate. Countles in Schedule B, united for certain purposes. and II. And be it enacted, That the Counties mentioned in the Schedule to this Act marked B, shall, for all Judicial and Municipal purposes, and for all other purposes whatsoever, except for purposes of representation in the Provincial Parliament, be formed into Unions, as in the said Schedule set forth; and each of such Unions, under the name of "The United Counties of (naming them,) shall for all such purposes, (except as before excepted) have in common between them all such courts, offices and institutions, as by the fifth section of the Act passed in the twelfth year of Her Majesty's Reign, intituled An Act for abolishing the Territorial Division of Upper Canada into Disitricts, and for providing for temporary Unions of Counties, for Judicial and other purposes, and for the future dissolutions of such Unions, as the increase of wealth and population may require, are to be had in common by Counties united under the said Act: Provided always, that any County which now has or any two or more Counties which now have between them a Registry office for the Registration of Titles, shall continue to have the same, as before the passing of this Act, save and except that each County which is now entitled to a Representative in Parliament shall also have a separate Registry Office for the registration of titles; and Registrars shall be appointed accordingly. sions of 12 Vict., Counties united III. And be it enacted, That all the provisions contained in the Certain provininth, tenth, eleventh, twelfth, thirteenth, fourteenth, fifteenth, sixteenth, c. 7, to apply to seventeenth, eighteenth, nineteenth, twentieth, twenty-first, twenty- under this Act. second, twenty-third, thirty-fifth and thirty-seventh, sections of the said last recited Act, (by which sections provision is made for and with respect to the dissolution of the unions of Counties, and matters connected therewith), shall, in so far as may be consistent with the other provisions of this Act, apply to the unions of Counties formed under this Act, as fully as to those authorized by the Act above recited. may issue erect of certain Coun IV. And be it enacted, That at any time after the first day of Proclamation February next, it shall be lawful for the Governor of this Province, by ing Town Reeves an Order in Council, to issue a Proclamation under the Great Seal of ties into a provisional Municipal the Province, with reference to any of the Counties of Elgin, Water- Council. loo, Ontario, Brant, Grey, Lambton or Welland, naming a place within such County for a County Town, and erecting the Town Reeves and Deputy Town Reeves of such County then elected or thereafter to be elected for the same, into a provisional Municipal Council for such County, and declaring such Municipal Council a Provisional Municipal Council under the authority of the Act last above cited, until the dissolution of the union of such County with the other County or Counties to which it is by this Act united; and each and every such provisional Municipal Council, shall, with regard to the County for which it shall be erected by such Proclamation, have, possess, exercise and perform all and singular the rights, powers, privileges, and duties conferred, granted or imposed upon provisional Municipal Councils erected by Proclamation under the said recited Act, which shall apply to it in the same manner as to any Provisional Municipal Council erected under the said Act: and the first meeting of such Provisional Municipal Council shall be held at the County Town appointed by such Proclamation, and at such time as shall be thereby appointed, but if not held at such time, then at any time on which a majority of the members thereof shall agree. Dissolution of V. And be it enacted, That so soon as the Court House and Gaol in Unions of Counties provided for. any one of the said Counties shall have been erected and completed at the County Town of such County according to the provisions of the fifteenth section of the Act last above cited, 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 in Council to issue a proclamation dissolving the union between such County and the County or Counties with which it is united according to the Schedule B of this Act; and if it be so united with more than one County, then the re Recital. To what County property shall belong, &c. when from a County under this Act. maining Counties shall form a union of Counties under this Act until they be separated in the manner by the said Act provided; and all provisions of the said Act or of this Act applicable to unions of Counties in general shall be applicable to such union, to all intents and purposes, as if such remaining Counties had been set forth as such in the said Schedule B of this Act.* VI. And whereas in some cases Townships or other tracts of land or localities will, when this Act comes into effect, be detached from the County to which they now respectively belong, and attached to another, and it is necessary to make provision for such cases: Be it therefore enacted, That [except in those cases with regard to which it is otherwise a tract is detached provided by this Act) the Court House and the land thereunto attached, with all the appurtenances and dependencies thereof, and all the personal property of the County from which any Township or other tract shall be detached under this Act, and all taxes due in such County before this Act shall come into effect, and all other moneys due to such County, shall, after this Act shall come into effect, be the property of the County in which such Court House shall be situate, which, notwithstanding any charge of its limits or name, shall be held to be the same County and the same Municipal Corporation with that of which such Court House was the County Court House before this Act came into effect, and shall be entitled to claim and recover and enforce all debts, effects and obligations belonging to or contracted in favour of such last mentioned County, and shall be liable for all debts or obligations due from or contracted by the same, and all By-laws of the same shall remain in force in such County as limited by this Act until repealed or altered by competent authority; and no suit, action or proceeding shall abate or be discontinued in consequence of such change of limits or of name, but may be continued and completed by or against such County, with its new limits and by its new name, as effectively as if such limits or name had not been changed: Provided always, that any County or Union of Counties under this Act shall, after this Act shall come into force, be held to be the same Municipality and the same Corporation with the County or Union of Counties which, before the coming into force of this Act, had the same Court House, notwitstanding any change of limits or of name affected by this Act, and notwithstanding that it may after the coming into force of this Act be a Union of several Counties instead of being a single County as theretofore. As to debts due by any County from which a VII. Provided always, and be it enacted, That the County from tract is detached. Which any Township, tract of land or locality shall be detached under Brant.-Proclaimed, January 22, 1853. Waterloo.-Proclaimed, January 22, 1853. this Act, shall, with reference to any County of which such Township, tract or locality is thereafter to form a part, be known as the "Elder County," and the County of which such Township, tract or locality so detached is thereafter to form a part, shall, with reference to such Elder County be known as the "Younger County," and if a County be divided into two or more Counties, then that in which the present Court House is situate shall be the Elder County; and it shall be lawful for such Elder or Younger Counties, " or the Unions of which they respectively form part," to enter into an agreement for the adjustment and settlement of the proportion (if any) of any debt due by such Elder County, "or the union of which it forms part," which it may be just that such Younger County, " or union of Counties," should take upon itself," in respect of such accession of Territory," with the time or times of payment thereof; and every such agreement shall both in law and equity be binding upon such Elder and Younger Counties, " or union of Counties respectively:" Provided also, that if the said Proviso in case of Counties," or union of Counties," shall not enter into such agreement the proportion of such debt (if any) to be assumed by such Younger County," or union of Counties," shall be settled by arbitration in like manner as similar questions arising between a Senior and a Junior County are directed to be settled in default of agreement, by the fifteenth section of the act above cited; and the portion (if any) of such debt so agreed upon or settled, shall be a debt due by the Younger "County or union of Counties," to the Elder County "or union of Counties," and shall bear legal interest from the day this Act shall come into effect, and its payment shall be provided for by the Municipal Council of such Younger County "or union of Counties," in like manner as is or shall be required by law with respect to other debts due by such Municipal Council, (in common with others,) and in default thereof may be sued for and recovered as any of such other debts. it non-agreement. as to Guelph and debt. VIII. Provided always, and be it enacted, That the Townships of Special provision Waterloo, Wilmot, Wellesley, and that portion of the present Township Dundas Road of Woolwich not included in the new Township of Pilkington, shall be responsible for their share of the debt incurred or to be incurred for the construction of the Guelph and Dundas Road, in proportion to their respective assessment for the year of Our Lord one thousand eight hundred and forty-eight, relatively to the corresponding assessments of the other portions of the late District of Wellington, for that year, and shall have a lien on the road for the amount of any payments they may be called on to make in consequence of such liability, but any questions affecting the other debts of the said late District of Wellington, or the present County of Waterloo, or the new County of Wellington, shall be Acts 12 Vict. c. 81, and 13 and 14 Vict. c. 64, to apply to Counties constituted under this Act. settled in the manner provided by this Act and the said last recited Act, in relation to similar cases. IX. And be it declared and enacted, That all the provisions and enactments of the Act passed in the twelfth year of Her Majesty's and Townships Reign, and intituled, An Act to provide by one General Law for the erection of Municipal Corporations, and the establishment of Regu lations of Police, in and for the several Counties, Cities, Towns, Townships and Villages in Upper Canada, and of the Act amending the same, passed in the Session held in the thirteenth and fourteenth years of Her Majesty's Reign and chaptered sixty-four, shall, in so far as they may not be inconsistent with this Act, apply to the Counties and Townships constituted by this Act. Inconsistent enactments repealed. 8 Vict. c. 7. As to limits of In Counties on the Ottawa. X. And be it enacted, That so much of the Schedules annexed to the Act herein first cited, or of any other part thereof, or of the Act passed in the eighth year of Her Majesty's Reign, and intituled An Act for better defining the limits of the Counties and Districts in Upper Canada, for erecting certain new Townships, for detaching Townships from some Counties and attaching them to others, and for other purposes relative to the division of Upper Canada into Townships, Counties and Districts, or of the Schedules to the said Act, or of any other Act or Law, as shall be inconsistent with this Act, or as makes any provision in any matter provided for by this Act other than such as is hereby made in such matter, shall be and is hereby repealed. XI. And be it enacted That the limits of all the Townships lying on the River St. Lawrence, Lake Ontario, the River Niagara, Lake Erie, the River Detroit, Lake St. Clair, the River St. Clair, or Lake Huron, shall extend to the boundary of the Province in such lake or river, in prolongation of the outlines of each Township respectively; and such Townships shall also include all the Islands not herein otherwise provided for, the whole or the greater part of which shall be comprised within the said outlines so prolonged: That the limits of the Townships lying on the River Ottawa shall in like manner extend to the middle of the main channel thereof, but such Townships shall also include all the Islands not herein otherwise pro. vided for, the whole or the greater part of which shall be comprised within the said outlines so prolonged; excepting always the Islands in front of the Seigniory of La Petite Nation and the Grand Calumet and Grand and Little Allumettes Islands, which belong to Lower Canada, the middle of the main channel between the last named Islands, and the southerly bank of the Ottawa River, being the boundary between Upper and Lower Canada: |