Other words, &c. forth in the 4th Schedule. Acts to be con thousand eight hundred and forty-nine, as such Act was corrected and amended by "The Upper Canada Municipal Corporations' Law Amendment Act" of one thousand eight hundred and fifty, and of the said "Upper Canada Municipal Corporations' Law Amendment Act" of one thousand eight hundred and fifty, in the first column of the Schedule to this Act annexed, marked A, numbered from one to thirty inclusive, and set forth in the second column of the said Schedule, as such several words, phrases and sentences are contained in those several parts of the several and respective sections, sub-sections and provisoes of the said Acts particularly referred to in the third column of the said Schedule opposite to each of such words, phrases and sentences respectively, shall be and the same, as so contained in such section, sub-sections and provisoes, are hereby repealed; and the several and respective words, phrases and sentences set forth in the fourth col- substituted for umn of the said Schedule, opposite to each of such first mentioned the above, as set words, phrases and sentences respectively, shall be and the same are column of the hereby substituted for such first mentioned words, phrases and sentences, each for each respectively; and henceforth, the said substituted words, The same how to phrases and sentences instead of those for which they are so substituted apply. as aforesaid respectively, shall be and shall be deemed and taken to have been the words, phrases and sentences used in the several and respective sections, sub-sections and provisoes of the said Acts respectively, in the third column of the said Schedule mentioned, opposite to each of such words, phrases and sentences respectively, and in the parts of such sections, sub-sections and provisoes therein particularly mentioned; and the said Acts, and all other Acts referring to the same, shall be strued as if such construed as if such substituted words, phrases and sentences had been words, &c., were there used in such respective sections, sub-sections and provisoes in. respectively, and in the parts thereof respectively in the said third column of the said Schedule mentioned as aforesaid, at the time of the passing of the said Acts respectively, any thing therein contained to the contrary notwithstanding; and so much of the said "Upper Canada Municipal Corporations' Law Amendment Act" of one thousand eight hundred and fifty, as makes any correction or amendment in or to any of such words, phrases or sentences other than those hereby made in or to the same, and so much of both or either of the said Acts as makes any other provision whatever contrary to or inconsistent with the provisions of this Act, or any provision whatever in any matter provided for by this Act, other than such as is hereby made in such matter, shall be, and the same is hereby repealed, and shall cease to be in force upon, from and after the day when this Act shall come into operation: Pro- Proviso: Things vided always, nevertheless, Firstly, that nothing in this Act contained performed under shall render void or otherwise affect in any way, any thing heretofore made the subject done under the authority of the said Acts or either of them, but the same, ings in certain unless it shall have been made the subject of proceedings at law actually cases confirmed. instituted before the passing of this Act, or shall be made the subject of such proceedings within six calendar months next after the passing of this Act, shall be and the same is hereby ratified and confirmed, any thing herein contained to the contrary notwithstanding: And provided Proviso: also, Secondly, that notwithstanding the repeal of the parts and provi- oflences, fines, sions of the said Acts hereby repealed, all acts which might have been contained there Inconsistent pro- Acts, unles of legal proceed As to moneys, &c. comes into operation. before this Act done, and all proceedings which might have been taken or prosecuted, relating to any offences or neglects which may have been committed, or to any matters which shall have happened, or to any moneys which shall have become due, or to any fines or penalties which shall have been incurred before the day on which this Act shall have come into operation, shall and may still be done and prosecuted, and the offences, and omissions may be dealt with and punished, and the moneys may be recovered and dealt with, and the fines and penalties may be imposed and applied as if the said parts and provisions of the said Acts hereby repealed continued in force.] 16th Vic. cap. 181 Preamble. 81 cited. [Whereas it is expedient further to amend the Upper Canada Municipal Corporations' Act of one thousand eight hundred and fortynine, and the Acts amending the same, and to supply some provisions Act 12 Vic. cap. which have been found wanting in the said Acts: 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 the twenty-second, thirty-third, sixty-fifth, eighty-third, of 12 V. c. 81, as eighty-fourth, ninety-fourth, one hundred and third, one hundred and amended by 13 & ninth, one hundred and fifteenth, one hundred and twenty-eighth, one 14 & 15 V. c. 109, hundred and thirty second, one hundred and thirty-fifth, one hundred others substituted and forty-sixth, one hundred and forty-seventh, one hundred and Certain sections 14 V. c. 64, and repealed and for them. fiftieth, one hundred and sixty-eighth, one hundred and eighty-fifth, one hundred and eighty-eighth, one hundred and ninety-fifth, and two hundred and fourth Sections of The Upper Canada Municipal Corporations' Act of 1849, with the amendments made to any of the said Sections by The Upper Canada Municipal Corporations' Law Amendment Act of 1850, or by The Upper Canada Municipal Corporations' Law Amendment Act of 1851, or by both the said last mentioned Acts, shall be and the same are hereby repealed, and the several sections hereinafter substituted for them respectively shall make part of the said Upper Canada Municipal Corporations' Act of 1849, which shall after the time when this Act shall come into force and effect, be read, construed and take effect as if the said substituted Sections had been originally inserted therein in the place and stead of the Sections for which they are hereby substituted respectively: Provided always, nevertheless that neither the repeal of things done be- the Sections hereby repealed nor the substitution of other enactments cones into force. Or provisions for those contained in the said Sections, shall render void or affect in any way any thing done or any right acquired or any penalty, forfeiture or liability incurred before this Act shall come into force and effect, but the same shall be considered, enforced, adjudged upon and dealt with as if such repeal and substitution had not taken place.] Proviso: as fote this Act Commencement of Act. to [XLI. And be it enacted, That this Act shall come into force and effect upon, from and after the first day of July one thousand eight hundred and fifty-three, and not before.] I. TOWNSHIPS. Townships incor Their Corporate II. And be it enacted, That the inhabitants of each Township in Inhabitants of Upper Canada, which shall have one hundred or more resident porated. freeholders or householders on the Collector's Roll thereof, for the last year that the same shall have been made up, prior to the time this Act is appointed to come into force, shall be a Body Corporate, and as powers. such shall have perpetual succession and a Common Seal, with power to break, renew and alter the same at pleasure, and shall be capable of suing and being sued, of pleading and being impleaded in all Courts and places whatsoever, of purchasing, acquiring and holding lands and tenements, and other real and personal property within such Township for the use of the inhabitants thereof, in their corporate capacity, and of making and entering into such contracts as may be necessary for the exercise of their corporate functions, and that all such powers shall be exercised by, through, and in the name of the Municipality of each Township respectively. How exercised. ing less than a tion to be united III. And be it enacted, That it shall be the duty of the Municipal Townships havCouncil for each District in Upper Canada, at a Special Meeting to be certain populaheld for that purpose on the second day of October 1849, after the to others, and how passing of this Act, and to be continued by adjournment from time to time to such period not being beyond the second day of November next thereafter, as may be necessary for completing the business hereby imposed upon them, by a By-law to be passed for that purpose at such meeting, to attach every Township lying within any County in their District which shall have within it less than one hundred resident freeholders and householders on the Collector's Roll for the last year, that the same shall have been made up prior to the said second day of October next, to some other adjacent Township lying within the same County, and such Township so united or attached to such adjacent Township, shall, until the dissolution of such Union as provided for by this Act, be known as the Junior Township of such Union of Townships, Which shall be and be represented in one Municipality in common with such adjacent Township. Township, which shall in like manner be known as the Senior Township of such Union; and from and after the first day of January next, after the passing of this Act, every Township newly laid out by the Crown, As to Townships or not having within it one hundred resident freeholders and or having less householders on the Collector's Roll, and not then already attached to population after or united with any other Township as aforesaid, shall, by a By-law of the Municipal Council of the County in which such Township shall be situate, be united for the purposes of this Act to such adjacent Township, in such County as such Municipal Council shall think fit, and also to some one particular rural Ward of such Township, where having Rural the Junior newly laid out than a certain 1st Jan. 1850. As to Townships Wards. such last mentioned Township shall have been divided into such Wards, or part of it to one of such Wards and part of it to another of such Wards, with a view to the representation of the freeholders and householders thereof, in the Municipality of such United Townships, and all such Townships shall, while they shall continue so united, be "Town- called The United Townships of (mentioning their names,) ship" interpreted. and the word Township, shall for the purposes of this Act, be held and considered to apply to and include Townships so united as well as single Townships, and such Unions may be made to consist of two or more Townships, as convenience may require. Word 13 & 14 Vic. cap. 64, sec. 8. Recital. New provision townships. [VIII. And whereas by the third Section of the said first-mentioned Act, provision was made for the Union of Townships having less than one hundred resident freeholders and householders on the Collector's Roll, to any adjacent Township having that number of such freeholders and householders, but not for the Union of several Townships having each less than the prescribed number of such freeholders and householders, but which, if formed into a Union, would together have more than such prescribed number; And whereas in the newly settled parts of the country, the want of such a provision has been found to occasion great inconvenience: be it therefore enacted, That it shall and as to unions of may be lawful for the Municipal Council of any County or Union of Counties in Upper Canada, at any time before the thirty-first day of December, in the year of our Lord one thousand eight hundred and fifty, by a By-law to be passed for that purpose, to dissolve all or any of the Unions of Townships formed or to be formed under the authority of the said third section of the said Act, and if they shall deem it expedient so to do to form such other Unions of the Townships within such Counties or Unions of Counties, as they may think most convenient for the accommodation of the people of such Townships: Provided always nevertheless, firstly, that it shall be lawful for any such Municipal Council, in forming such Unions, to attach together any two or more Townships lying within the same County, but not when they shall be within different Counties of such Unions of Counties; And provided also, secondly, that the Townships to be thus formed into any such Union shall together have had not less than one hundred freeholders and householders on the Collector's Rolls for the last year that the same shall have been respectively made up prior to the passing of such By-law: Provided also, thirdly, that every such By-law shall designate the order of seniority of the Townships forming every such Union of Townships, which shall in every such By-law be arranged (unless in the opinion of such Municipal Council, there may appear some special reason to arrange them otherwise) according to the relative number of freeholders and householders on such Collector's Rolls respectively, those having the greater number on such Rolls being placed senior to those having the less.] Proviso. Proviso. Proviso. 14 & 15 Vic.. [XXVI. And be it enacted, That the time limited by the eighth cap. 109, sec. 26. section of The Upper Canada Municipal Corporations' Law amendment sime limited for Act of one thousand eight hundred and fifty, for the County Municipal To extend the for dissolution of ships, and for Councils to pass By-laws for the dissolution of the Unions of Townships passing By-laws, within their respective jurisdictions, and for the formation of new unions of TownUnions for the greater accommodation of the people of such Townships, the formation of as in the said eighth section of the said Act is mentioned, shall be and new unious. the same is hereby extended to the thirty-first day of December 1851, and to such further day thereafter as the Governor of this Province, by Proclamation under the Great Seal thereof, issued either before or after that day, or any further day to which such time may be so extended, may from time to time think fit to appoint; and that the County Municipal Councils may dissolve the Union of Townships created by virtue of the last recited Act, and form other Unions of Townships or independent Townships in pursuance of the provisions of the said last recited Act and of the Upper Canada Municipal Corporations' Act of one thousand eight hundred and forty-nine, and that Unions of Townships formed under By-laws passed under the authority of the said eighth section of the said Act and of this Act shall and may be dissolved in the same manner as the pre-existing Unions to which the said section expressly refers.] the inhabitants of which cannot be united to another them. [XI. And whereas in some parts of Upper Canada, junior Townships, 16th Vic, cap. having more than fifty and less than one hundred resident freeholders 181, sec. 11. and householders rated on the Assessment Roll of such junior Recital. Township, are so situated with reference to streams, water courses or other natural obstructions, that the inhabitants thereof cannot conveniently unite with any adjoining Township for managing their Municipal affairs; Be it therefore enacted, That whenever a majority Upon a petition of at least two-thirds of the freeholders and householders, rated on the of a majority of Assessment Roll, resident within any junior Township in Upper any Township Canada, having within it at least fifty resident freeholders and having 50 electors householders on such Roll, shall petition the Municipal Council of the conveniently County within which such Township is situate, stating their desire to the County Counbe formed into a separate Municipality, it shall be lawful for such cil may separate County Municipality by any By-law to be passed for that purpose, to separate such junior Township from any other Township to which it may be united, and to declare that such separation shall come into force and take effect from and after the first day of January next, after the end of three calendar months from the passing of such By-law, and from the said first day of January after the passing of such By-law, such Township, and that to which it shall have been so united, shall thenceforth, to all intents and purposes whatsoever, be held and considered as separate Townships: And the Municipality of such County Council County shall, by the same By-law, appoint the Returning Officer to Returning Officer hold the first election in such Township, (junior) and name therein the at the first elecplace at which it shall be held on the first Monday in January next after the passing of such By-law; Provided always, that the By-laws Proviso, of the senior Township shall, in so far as they may be applicable in mer union. such junior Township, remain in force therein, notwithstanding its becoming a separate Municipality until they shall be respectively repealed or altered by the Municipal Council of such junior Township.] to appoint tion. the as to By-laws of for Townships may IV. And be it enacted, That it shall and may be lawful for every be divided into |