County of Perth to be considered

as if a proclama

tion he issued

under section 10

c. 78.

County Town appointed &c.

III. And whereas the population of the said County of Perth exceeds twee thocsand, and from its geographical position it is expedient that of the said Act, provision be made for its separation from the said Coion without waiting till its population shall be such as is required by the tenth section of the said Act recited in the Preamble to this Act: Be therefore enacted, That the said County of Perth shall, o. all the purposes of the Act last aforesaid, be considered and dealt with as a Proclamation had issued under the tenth section of the said Act, naming the Town of Stratford as the County Town thereof, and erecting the Townreeves of the said County then elected or thereafter to be elected for the same, into a Provisional Municipal Council for the said County, and declaring such Municipal Council a Provisional Municipal Council for the same under the said Act, until the dissolution of the Union of the said County with the Counties of Huron and Bruce; and the said Townreeves shall accordingly be a Provisional Municipal Council for the said County of Perth, and shall have and exercise all the powers by the said Act vested in any such Provisional Municipal Council.

A Registry Office to be kept in the County of Perth.

Commencement of this Act.

Preamble.

IV. And be it enacted, That when the Union of the said County of Perth and the Counties of Huron and Bruce shall be dissolved in the manner provided by the Act aforesaid, a Registrar shall be appointed for the said County of Perth, and a Registry Office for the Registration of Deeds shall be kept in and for the same at the County Town thereof, in the same manner and under the same provisions as in other Counties in Upper Canada.

V. Aud be it enacted, that this Act shall have force and effect upon, from, and after the first day of January, in the year of our Lord one thousand eight hundred and fifty, and not before.

PERTH.

ACT 16 VIC., CAP. 31.

An Act to authorize the Governor General to issue a Proclamation

to declare the County of Perth to be separated from the United Counties of Huron, Perth, and Bruce, and for other purposes therein mentioned.

Whereas the Townreeves of the County of Perth, one of the United Counties of Huron, Perth and Bruce, have been duly constituted a Provisional Municipal Council for the said County of Perth, in pursuance of the Provisions of the tenth section of an Act of the Parliament of the Province of Canada, passed in the twelfth year of Her

Majesty's Reign, intituled, An Act for abolishing the Territorial 12 Vic., c 78. Division of Upper Canada into Districts, 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; And whereas the said Provisional Recital. Municipal Council has not complied with the terms of the fifteenth section of the said recited Act, in time to enable a Proclamation to be issued under the provisions of the eighteenth section of the said recited Act, for disuniting the said County of Perth, so as such disunion should take effect on the first day of January next; And whereas there is just reason for believing that such Provisional Municipal Council will make it appear to the satisfaction of the Governor of this Province in Council, prior to the said first day of January next, that the terms of the fifteenth section of the said recited Act have been complied with; And whereas it is expedient to enable the Governor of this Province in Council thereupon to issue a Proclamation under the Great Seal of the Province, declaring the said County of Perth to be disunited from the said United Counties of Huron, Perth and Bruce : 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 reunite 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 so soon as the said Provisional Muni- The Governor cipal Council of the said County of Perth shall make it appear to satisfaction of the Governor of this Province in Council, that property has been purchased or procured and such Court House Gaol is erected, and the proportion of the debt, if any, to be assumed by the said County of Perth, shall have been adjusted or settled as provided by the fifteenth section of the said recited Act, and so soon as such appointments as are mentioned in the seventeenth section of the said recited Act shall have been made, it shall and may be lawful for the Governor of this Province in Council, by Proclamation under the Great Seal of the Province, at any time on or before the thirty-first day of December next after the passing of this Act, to declare the said County of Perth to be disunited from the said united Counties of Huron, Perth and Bruce, upon, from and after the first day of January next after the passing of this Act, and the said County of Perth shall thereupon, and upon, from and after the said first day of January next after the passing of this Act, be, for all judicial and municipal purposes, disunited from

may, on being

the satisfied that such have been done,

certain things

issue a

and proclamation

disuniting the

County of Perth

from the union of which it now forms part.

the said union of the Counties of Huron, Perth and Bruce, and the union of the said Counties of Huron, Perth and Bruce, for such purposes, shall thereupon, and upon, from and after the said first day of January next, after the passing of this Act, be absolutely dissolved to the like extent, and as effectually as if a Proclamation had been issued in pursuance of the provisions of the eighteenth section of the said recited Act, for disuniting the said County of Perth from the said union of the Counties of Huron, Perth and Bruce, upon, from and after the said first day of January next.*

Preamble.

PERTH, BRANT AND WATERLO0.

ACT 16 VIC., CAP. 81.

An Act making certain provisions relative to the Counties of Perth,
Brant and Waterloo.

Whereas the Counties of Perth, Brant and Waterloo in Upper Canada, in the month of January, one thousand eight hundred and fiftythree, were in due form of law disunited from the several unions of Counties with which they had been respectively connected, and it is necessary to make provision for the organising of Division Courts and the selection of Jurors and confirming certain Municipal proceedings in the said Counties respectively: 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 the County Court Judges of the said Counties of Perth, Brant and Waterloo resand Justices of pectively, together with one or more Justices of the Peace for each of the said Counties after the passing of this Act, shall hold in their respective Counties a Special Sessions of the Peace, and at such Sessions shall declare and appoint the numbers and limits of divisions for the holding of Division Courts within such Counties respectively; Provided always, that the Justices of the Peace so assembled may do, and perform all such other things as may now by law be done and transacted at a General Quarter Sessions of the Peace in any County in Upper Canada;

County Judges

the Peace to fix numbers and

limits of Division Courts.

Proviso.

*Proclamation made 1st January, 1853.

vision made until

and limits shall

And provided secondly, that until such declaration and appointment Proviso: proshall have been made, the Division Courts prior to the disunion of the such numbers said several united Counties, whose limits were within the Counties of be so fixed. Perth, Brant and Waterloo, shall be and be deemed to be from the periods of such disunions Division Courts, known by the numbers then affixed to such divisions of, for and in the said Counties of Perth, Brant and Waterloo respectively, and that all matters and things done since the periods of such disunions by or under the authority or supposed authority of such Division Courts, and until the declaration and appointment of new divisions as aforesaid, shall be deemed and be taken to be as valid and effectual to all intents and purposes as if such divisions for Division Courts respectively had been set apart by the Justices of the several Counties of Perth, Brant and Waterloo in due course of law; and all actions commenced in the said Division Courts before or since As to pending suits, &c. the disunion of the said several Counties shall and may be continued to final judgment and execution and the proceedings had thereon shall be, remain and continue proceedings of the said Division Courts of such disunited Counties respectively.

pending when

numbers and

limits shall take

effect.

II. And be it enacted, That whenever the Justices in Special Sessions As to suits, &c., aforesaid shall declare and appoint the numbers and limits of the said such new Division Courts in the said Counties of Perth, Brant and Waterloo respectively, all proceedings and judgments had and taken in such Division Courts before the day when such declaration and appointment shall take effect, shall nevertheless be continued and prosecuted, and shall be considered proceedings of and in such of the Division Courts of the said Counties respectively, as the Judge of such County shall order and direct; and the further prosecution of such proceedings and judgments shall be as valid and effectual as if the same had originated in the Courts to which they shall be so transferred, and the said Judge may order and direct the Clerks, Bailiffs and other Officers of the several Division Courts respectively to transfer to the proper Officers all the books, papers and documents of such Division Courts respectively.

the year 1853.

III. And be it enacted, That the Sheriffs and other Officers within As to Jurors for the said Counties of Perth, Brant and Waterloo, whose duty it is to summon and return Jurors, shall and may for the year one thousand eight hundred and fifty-three, select and return from among the resident inhabitants of such Counties respectively, the requisite number of persons to serve as jurors within such Counties respectively without reference to the mode prescribed for selecting, balloting or returning Jurors by the Upper Canada Jurors' Acts; Provided that juries de Proviso Juries de memedietate linguæ, and juries of a like nature, may be ordered by the dietate.

Proviso: as to selecting Jurors for 1:54.

As to Jurors for

the unions of

• Huron and

Bruce,'Went

ton,' and 'Wellington and

Grey.'

Court before which any cause may be pending: Provided also, that the Courts, selectors of Jurors, Officers and other persons upon whom the law devolves such duties within the said Counties respectively, shall in due course take the necessary steps for selecting Jurors and balloting Jury Lists from which the panels of Jurors for the said Counties respectively, for the year one thousand eight hundred and fifty-four, under the provisions of the Upper Canada Jurors' Acts, are to be taken.

IV. And be it enacted, That the Jurors ballotted for at the Courts of General Quarter Sessions of the Peace held in and for the several worth and Hal- united Counties of "Huron, Perth and Bruce," "Wentworth, Halton and Brant," "Waterloo, Wellington and Grey," in the month of November one thousand eight hundred and fifty-two, and entered on the Jury Lists accordingly, shall be liable to be summoned and empannelled and to serve on Juries within the now united Counties of "Huron and Perth," "Wentworth and Halton," "Wellington and Grey" respectively," to all intents and purposes as if the said Counties of Perth, Brant and Waterloo had continued united with the said united Counties respectively, and the Sheriffs of the said Counties such may cause persons to be summoned to serve as such Jurors, notwithstanding they may reside within the limits of the said Counties of Perth, Brant and Waterloo respectively.

As to appointments and elec

V. And be it enacted, That the appointments and elections of Munitions of Munici- cipal and other Officers in and for the said Counties of Brant and Wa

pal Officers, taxes

&c;, in Brant and terloo respectively, and the assessments and taxes imposed of whatever

Waterloo.

Proviso.

kind soever they may be within the said two Counties for the year one thousand eight hundred and fifty-three, shall be taken to be valid and effectual to all intents and purposes; and that such taxes and assessments may be collected, levied and enforced in the same manner as the like taxes and assessments are collected, levied and enforced, in other Municipalities, and when received and paid shall belong to and be held and disposed of for the benefit of the said Counties of Brant and Waterloo respectively; Provided that such appointments, and the imposition of such taxes and assessments would have otherwise been legal but for the disuniting of the said two Counties, as herein mentioned.