election for any new Township, during the first year, to procure a Collector's Roll. How such copy Township, at any election of Councillors to be held in the same during the first year after it shall have been constituted, to procure a correct correct copy of the copy or copies of the Collector's Roll or Rolls for such Old Township or Townships for the year next before that in which such Election shall be holden, so far as any such Roll contains the names of Male Freeholders and Householders rated upon such Roll in respect of rateable real property, lying in such new Township, with the amount of the assessed value of such real property for which they shall be respectively rated on any such Roll, and each such copy shall be shall be verified. verified by the affidavit or affirmation of the Collector or other person having the legal custody of the original Roll for the time being, and also by that of the Returning Officer, to be appended to or endorsed upon such сору, which affidavit or affirmation shall be taken respectively before any Justice of the Peace for the County, or other Officer having authority to administer an oath or affirmation for any purpose under the said Upper Canada Municipal Corporations' Act of one thousand eight hundred and forty-nine, and shall be to the effect that such copy is a true copy of such Roll, as far as the same relates to such new Township, and to all Male Freeholders and Householders rated upon such Roll, in respect of rateable real property, lying in such new Township, with the amount of the assessed value of the real property for which they are so rated respectively; and the persons qualified to be as Councillors for such new Township or to vote at the election of lors of such new such Councillors, shall be those and those only who shall appear by vote at such elec- such Roll or Rolls to be rated in respect of real property lying in such new Township, and who shall be respectively qualified by the nature, value and tenure of such real property, to be elected as Councillors, or to vote at elections of Councillors as the case may be, under the provisions of the 22nd section of the Upper Canada Municipal Corporations' Act of 1849, as amended by the Upper Canada Municipal Corporations' Law Amendment Act of 1851, or by this Act.] Who shall be qualified to be elected Council Township, or to tions. 14th and 15th Vic. 36. Provision as to proper alterations in the remaining Township, for elec tions, &c., Rural Wards, &c. [SEC. XIII. And be it enacted, That whenever any Junior TownCap. 109., Sec. ship attached or united to another as hereinbefore mentioned and provided for, shall have within it one hundred resident freeholders and householders on the Collector's Roll, it shall and may be lawful for the Municipality of such Union of Townships, if they shall deem it expedient so to do, by a By-law to be passed for that purpose within the first nine calendar months of the following year, to divide the remaining Township or Townships of such Union anew into rural Wards, to fix the place for holding the first election of Councillors in each of such Wards after the dissolution of such Union, and to appoint Returning Officers for holding the same, and otherwise to provide for the due holding of such elections as nearly as may be in the manner prescribed in and by the eighth, ninth and tenth preceding sections of this Act: Provided always, nevertheless, firstly, that such By-law need not be passed by a vote of [four-fifths] of the members for the time being of such Municipality as required with respect to some of such particulars by the proviso to the said eighth section of the Municipal Corporations Act of 1849, but shall be valid and effectual for all purposes whatever if Proviso: Com- passed by a majority of such Municipality in the usual way; Provided Proviso as to majority to pass the By-Law. By-law. also, secondly, that every such By-law shall contain a provision limiting it mencement of to come into force and take effect upon, from and after the first day of January, upon which such Union shall be dissolved, and not before.] Junior Town Creditors of the [V. And be it enacted, That upon the dissolution of any such, Union 16th Vic., Cap. of Townships as aforesaid, such Junior Township shall remain liable to 181, Sec. 5. all the debts and loans created or contracted by the Township or Union ships to remain of Townships from which such Junior Township shall have been able to the separated, according to the provisions of the 177th section of the former Union." Municipal Corporations' Act of 1849, and of the amendments thereof, to the like extent and in the like manner as a Junior County, on its separation from the County or Union of Counties with which it was united, remains liable to the similar debts and loans of such Union; 18, 19 and 20, Vic., Cap. 109, and all the several provisions of the 18th, 19th and 20th sections of Provisions of Sec, the Upper Canada Municipal Corporations' Law Amendment Act of 14th and 15th 1851, shall apply between such Junior Townships and the Township to apply. or Union of Townships from which it is separated, as between a Junior County and the Senior County or Counties from which it shall have been separated.] 181, Sec. 4. ment with that of ship, respecting Councils do not appointed. [IV. And be it enacted, That within three months after the first 16th Vic., Cap. meeting of the Municipal Council of such former Junior Township, such Municipal Council shall enter into an agreement with the Council of New Municipal Council of the Township or Union of Townships to which Townships, to such Junior Township was united, for the adjustment and settlement of enter into agreethe portion, if any, of any debt due by such Union of Townships the Senior Townbefore such separation, and which it may be just that such Junior debts of the forTownship on its separation from such Union should take upon itself, mer Union. with the time or times of payment thereof; and every such agreement so entered into shall both in law and equity be and continue to be binding upon such Junior Township and the Township or Townships from which it shall be separated: Provided always, that in default of Proviso for arbithe said Municipal Councils entering into any such agreement, the tration, if the two proportion of such debt to be assumed by such Junior Township, shall agree: Arbitrabe settled by the award of three arbitrators, or the majority of them, tors how to be to be appointed as follows, that is to say, one by the Municipal Council of such Senior Township or Union of Townships, and the other by the Municipal Council of such Junior Township, and the third by such two Arbitrators thus appointed; or in the event of such two Arbitrators omitting to appoint such third Arbitrator within ten days next after their own appointment, then by the Warden of the County within which such Townships are situate. Provided also, secondly, that in Proviso: if either case either such Municipal Council shall omit for one calendar month Council shall after they shall have been called upon for that purpose by the other of one Arbitrator such Councils, to appoint an Arbitrator on their part as above provided, it shall and may be lawful for the Warden of the County to appoint on the part and behalf of such Municipal Council so neglecting or omitting to appoint such Arbitrator, who shall in such case have all the powers as if he had been appointed by such Municipal Council: And provided also, thirdly, that every such submission and award shall Proviso: Award be subject to the jurisdiction or either of Her Majesty's Superior Courts the Superior of Common Law for Upper Canada, in like manner as if the same Courts of Law were by bond with an agreement therein, that such submission might omit to appoint within a certain time. to be subject to for U. C. assumed by a by it to the Senior Township. Proviso: portion be made a Rule of either of those Courts. And provided also, Junior Township fourthly, that the portion, if any, of such debt so agreed upon or to be a debt due settled, shall be a debt due from such Junior Township to the Township or Townships from which it shall have been disunited, and shall bear legal interest from the day on which the Union shall be actually dissolved, as by law provided, and its payment shall be provided for by the Municipal Council of such Junior Township after the dissolution of such Union, 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.] Provision as to elections if the proper alterations have not XIV. And be it enacted, That whenever a new Division into Wards shall not have been made by the Municipality of any Union of been made, &c. Townships according to the preceding 13th section of this Act, in anticipation of the dissolution of such Union, and in consequence of the whole of any one or more of the rural Wards of any such Union of Townships lying wholly within the limits of any Junior Township of such Union, the other Township or Townships of such Union, upon the dissolution of such Union as provided for by this Act, shall be left without a sufficient number of Wards for completing the number of Councillors to which it or they shall be entitled according to the provisions of this Act, the elections of Councillors for such Senior or remaining Township or Townships, shall, after the dissolution of such Union, be made by general vote of the qualified freeholders and householders of the whole of such Senior or remaining Township or Townships at a general Township meeting, to be held for that purpose at the time appointed by law, and not by rural Wards, as theretofore, until the Municipality of such Senior or remaining Township or Townships shall, by a By-law to be passed for that purpose, have redivided such last mentioned Township or remaining Townships into rural Wards Proviso: if parts according to the provisions of this Act; Provided always, nevertheless, that whenever nothwithstanding the dissolution of any such Union, parts of the Wards of which such Junior Township, or some portion thereof formed a part, shall still remain to such Senior or remaining Township or Townships, the election of Township Councillors for the same shall not be by such general vote of such Township, but by Wards as before. of Ward remain in the Senior Township. Number of Rural 13th and 14th Vic., Cap. 4, sec. 16. XV. And be it enacted, That in every case in which any Township shall be divided into rural Wards under this Act, the same shall be so divided into five of such Wards. [SEC. XVI. And be it enacted, That whenever any Township so attached or united to another shall have within it [one hundred] resident freeholders and householders on the Collector's Roll, such ship united to Township shall, [for the year next but one following] the making up When a Townsuch roll and thenceforth be incorporated by itself, and such Township, another shall be and that to which it shall have been so united shall thenceforth, to all Incorporated by intents and purposes whatsoever, be held and considered as separate Townships.] itself. &c., to form part nor shall Town held there. XVII. And be it enacted, That no part of any incorporated City, No part of Cities, or of the liberties thereof, or of any Incorporated Town or Village, of Townships; although lying within the boundaries of a Township, shall for the ship elections be purposes of this Act, be held to form any part of such Township, nor shall it be lawful to appoint any election of Township Councillors to be held within the limits of any such City, or the liberties thereof, or within the limits of any such Incorporated Town or Village. office of present Townships. XVIII. And be it enacted, That without any new election, the Continuation in officers and persons elected or appointed in each and every Township Officers, &c., of in Upper Canada, or to be elected or appointed under the laws now in force therein, shall continue in office until the fourth Monday of January, in the year of our Lord, one thousand eight hundred and fifty, and until their successors shall be elected and sworn into office. Townships not Rural Wards. XIX. And be it enacted, That if the Municipal Council of any As to elections in District in Upper Canada shall not think fit within the term and the divided into manner prescribed for that purpose, to divide any Township into rural Wards, as provided by this Act, then and until such Township shall be divided into such Wards by the Municipality thereof, the election of Councillors for such Township shall be by the votes of the electors of the whole Township at a general Township meeting, to be held at the place where the last annual Township meeting, for the election of District Councillors and the appointment of parish and Town Officers was held in each Township, or in the case of Townships united or attached to each other, as aforesaid, then at the place where the last annual meeting for such purposes was held in the Senior Townships. to which such other Township or Townships shall or may be attached or united as aforesaid, and such place shall continue to be the place for holding such elections under this Act in such Township until it shall be otherwise appointed by the Municipality thereof by any By-law or By-laws to be passed for that purpose: Provided always nevertheless, Proviso as to firstly, that it shall not be lawful in any such By-law to appoint such place of election within the limits of any Incorporated Village, Town or City, or the liberties thereof; and provided also, secondly, that Proviso: if the when the place at which the last Township meeting shall have been in a City, &c. held previous to the passing of this Act, shall be within the limits or liberties of any City, Town or Incorporated Village within the mean places of election. last election was Who shall be ing of this Act, it shall be the duty of the Municipal Council of the District wherein the same is situated at such special meeting as aforesaid, to appoint by By-law some place within such Township and without the limits of such City, Town or Village for the holding of the first election of Township Councillors for such Township under this Act. XX. And be it enacted. That in all cases in which the election of cer in such case. Councillors for any such Township shall be by general vote of the whole Township at a general Township meeting as aforesaid, and not by Ward elections as hereinbefore provided for, the Township Clerk for such Township, whether appointed under this Act or before the passing thereof, shall be the Returning Officer for holding election. Election of be held. XXI. And be it enacted, That on the first Monday in January, in Township Coun- the cillors when to year of our Lord, one thousand eight hundred and fifty, and on the first Monday in the same month, in each succeeding year, there shall be held an election either by general Township meeting or by Wards for Township Councillors for each Township in Upper Canada. 16 Vic., cap. 181, sec, 10. Returning Off cer for every Township or Rural Ward to every [X. And be it enacted, That the following section shall be substituted for the repealed twenty-second section, as amended of the Act first above cited, and shall be read as part of the said Act; "And be it enacted, 1 hat it shall be the duty of the Returning Officer for such Township or rural Ward to procure a correct copy of the Collector's Roll for such Township or Ward for the year next before that procure copy of Collection Roll, in which the Election shall be holden, so far as such Roll contains the &C. names of all male Freeholders and Householders rated upon such Roll, in respect of rateable real property lying in such Township or Ward, with the amount of the assessed value of the real property for which they shall be respectively rated on such Roll, which copy shall be verified by the affidavit or affirmation of such Collector, or of such other person as may have the legal custody of the original Roll for the time being, and also by that of such Returning Officer, to be appended to or endorsed upon such copy, and which affidavit or affirmation shall be taken respectively before any Justice of the Peace for the County or other officer having authority to administer an oath or affirmation for any purpose under this Act, and which affidavit or affirmation shall be to the effect (but if made by a Returning Officer, may be so far varied as to state the same according to the best of his knowledge and belief,) that such copy is a true copy of such Roll as far as the same relates to such Township or Ward, and that it contains the names of all male freeholders or householders rated upon such only qualified to Roll in respect of rateable real property lying in such Township or Ward, with the amount of the assessed value of the real property for which they are so rated respectively; and no person shall be qualified to be elected a Township Councillor, at any such Election, who shall not be a Freeholder or Householder of such Township at the time the Certain persons vote. |