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ESSEX, KENT AND LAMBTON.
ACT 12 VIC., CAP. 79,
10 and 11 Vict., c. 39.
County Substitution Act of ths Session.
An Act to supply certain necessary Legislative provisions not included
in certain Acts therein mentioned. P eamble. WHEREAS, an Act of the Parliament of this Province was passed
in this Session of Parliament, held in the tenth and elerenth years of Her Majesty's Reign, chaptered thirty-nine, and intituled, An Act to divide the Western Distrtict of the Province of Canada, and for other purposes therein mentioned, and which Act is referred to and further provision made with respect to the territory to which the same applies by a certain other Act of the Parliament of this Province, passed in
the present Session thereof, intituled, An Act for abolishing the Terri
c torial Division of Upper Canada into Districts, and for providing 12 Vic., c. 78. 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 by the former of the said Acts, provision was made for the erection of a new District, which description of territorial division is by the latter of such Acts abolished; And whereas, while the said last mentioned Act, treats the area of territory, which by the first mentioned Act was embraced in such new District as containing two separate counties, under the names of Kent and Lambton, respectively; the Townships of which such Counties respectively consist, are not specifically declared by either of the said Acts, and it is therefore expedient that such omission should be supplied: 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 Canadu; and it is hereby en
acted by the authority of the same, That for the purposes of the said Townships Kent last mentioned Act, and for all other purposes whatsoever, the said resnortively sball County of Kent shall from henceforth include and consist of the Town
ships of Camden, Chatham, East Dover, West Dover, Harwich, How ard, Orford, Raleigh, Romney, East Tilbury, West Tilbury, and Zone; and that the said County of Lambton shall from henceforth include and consist of the Townships of Brooke, Dawn, Bosanquet, Enniskillen Euphemia, Moore, Plympton, Sarnia, Sombra, and Warwick; and this
e tempor ry Unon
aud Lambton, for certain purposes.
provision with respect to the said Counties shall have the like effect to all intents and purposes whatsoever, as if the same had been inserted in either or both of the said Acts of Parliament: Provided always, never- Proviso as to theless, firstly, that the said County of Lambton shall for the purpose of representation in the Legislative Assembly, continue united with the said County of Kent so as together to return one member to the said Legislative Assembly, as the territory of which such Counties consist doth at present; And provided also, secondly, that the said Counties of Proviso as to the Kent and Lambton, and the County of Essex, shall form a Union of of Kent, Essex, Counties, to be known as the United Counties of Essex, Kent and certain Lambton, until such Union shall be dissolved by Proclamation as provided by the said last mentioned Act of Parliament, or otherwise as hereinafter provided, and all the provisions of the said last mentioned Act of Parliament, applicable to unions of Counties in general, shall be applicable to such Union to all intents and purposes as if the same had been inserted in the said last mentioned Act of Parliament and the Schedules thereto annexed, under the name of the United Counties of Essex, Kent and Lambton as aforesaid, instead of under that of the United Counties of Essex and Kent.
II. And be it enacted, That as well for the purpose of this Act and Parts of Dawn, the said other Acts of Parliament hereinbefore mentioned and referred Zone detached to, as for all other purposes whatsoever, so much of the said Township Township. of Dawn as lies to the south of the south main branch of the River Sydenham, sometimes known as Bear Creek, shall be detached from the said Township of Dawn, and by and under the name of the Gore of Camden, be attached to and henceforth form a part of the said Township of Camden; that so much of the said Township of Sombra as lies to the south of the said south main branch of the said river shall be detached from the said Township of Sombra, and by and under the name of the North Gore of Chatham be attached to and henceforth form part of the said Towuship of Chatham; and that so much of the said Township of New Township Zone as lies to the north of the northerly side line of lots numbers constituted. fifteen in the several concessions of the said Township of Zone, shall be detached from the said Township, and shall henceforth form a new Township by and under the name of the Township of Euphemia.
III. And be it enacted, That all the provisions of the thirty-third and certain prorsthirty-fourth sections of the said last mentioned Act, making certain County provisions with respect to the United Counties of Lincoln, Haldimand extended to the and Welland, shall extend and apply to the said United Counties of Essex, Kent and Lambton, and every of them, as if they and each of Las them had been mentioned in such sections and the said Schedules to the said Act annexed, respectively; and all the provisions in the said last
from the said
ions of the
Subsi itution Act
Union of Kent,
mentioned Act of Parliament providing for a Union of the said Coun
ties of Kent and Lambton, apart from and irrespective of their Union Proviso as to with Essex, shall be and the same are hereby repealed: Provided alsions of " and 11 ways, nevertheless, that all such provisions as by the 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 conferred upon the Township Councillors of the different Townships of the then County of Kent, shall be possessed by and vested in the Provisional Municipal Council of the said County of Kent as described in this Act; 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 Act intended to be erected; and the Municipal Council of the said County of Kent as described in this Act, 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.
IV. And whereas from the geographical position of the said County of Lambton it is expedient that provision be made for its separation from the said Union, without waiting till its population shall be such as is required by the tenth section of the said Act of this present Ses
sion providing for the dissolution of such Unions: Be it therefore Union between enacted, That it shall and may be lawful for the Governor of this Other Counties. Province by an Order in Council, upon the Petition of two-thirds or
more of the Town Reeves of the said County of Lambton, to issue a Proclamation under the said tenth section of the said last mentioned Act: Provided always, nevertheless, that pone of the restrictions in the second proviso to the said tenth section of the said last mentioned Act
sball extend or apply to the said Petition. Word
V. And be it enacted, That the term “ Townreeves" in the said last interpreted. mentioned Act, in this Act, and in all other Acts passed or to be
passed wherein it refers or shall refer to the Municipal Council of any County or Union of Counties, or to those who compose the same, shall include and be construed to include the Deputy-Townreeves for the different localities of such County or Union of Counties, as well as the Towpreeves for the same.
VI. And be it enacted, That on the dissolution of the Union between any County or any other County or Union of Counties in the manner provided for by the said last mentioned Act, a Registrar shall be appointed for the County so separated, and a Registry Office
On what application the
Lambton and the
may be dissolved.
Proviso as to Registry Offices in case of dissolution of Unions.
on or manner propointed for the
nless where sus there shall dies in Upper
for the Registry of deeds shall be kept in and for the same at the
VII. And be it enacted, That this Act shall come into and be in commencement operation upon, from and after the first day of January, one thousando eight hundred and fifty.
VIII. And be it enacted, That this Act may be amended, altered Act may be or repealed by any Act to be passed in this present Session of Parlia
ACT 10 & 11 VICCAP. 39.
of Kent to
An Act to divide the Western District of the Province of Canada,
and for other purposes therein mentioned.
(Repealed with the exception of the following Sections.) III. And be it enacted, That the District Councillors for the Town- The District ships in the said County of Kent, shall and they are hereby authorized, the said County at a Public meeting to be by them holden for that purpose, at some con- procure plans for venient place, within the said Town of Chatham, so soon after the and Gaol passing of this Act as may be convenient, (a notice signed by a majority of the said Councillors calling such meeting and fixing upon the time and place thereof having been served at least ten days before that fixed for the meeting, on each of the Councillors entitled to attend the same,) to procure by such means as to the said Councillors, or the major part of them present at such meeting, or at any adjourned meeting of the said Councillors, shall seem fitting and proper, plans and elevations of a Gaol and Court House, to be laid before them for the purpose of thereafter selecting and determining upon one by the Councillors then and there assembled as aforesaid.
IV. Provided always, and be it enacted, That such Gaol and Court where the said House for the said District of Kent shall be erected on the ground House shall be reserved as a site for a Gaol and Court House in the said Town of erecte Chatham, which ground and the said Court House and Gaol shall be, from and after the Proclamation aforesaid, vested in the District
Gaol and Court
The said Councillors may
the Building Committee.
legal interest to be paid.
Council of the said District of Kent, until which time the same shall be and are hereby vested in the Building Committee hereinafter mentioned.
X. And be it enacted, That it shall and may be lawful for the Counauthorize a loan cillors for the Townships in the said County of Kent, so assembled as the Treasurer or aforesaid, and they are hereby empowered by an order of such meeting,
to authorize and direct the Treasurer so to be appointed as aforesaid, to raise by loan, from such person or persons, bodies corporate or politic, as may be willing to lend the same on the credit of the rates and assess
ments to be raised, levied and collected in the said intended District, a Amount to be sum not exceeding three thousand pounds, to be applied in defraying
the expenses of building the said Court House and Gaol. No more than XI. Provided always, and be it enacted, That the money so borrowed
BW under the authority of this Act shall not be at a higher rate of interest Interest and than six per centum per annum; and the Treasurer for the said intended Capital how to be District for the time being, shall annually, until the loan so raised, with
the interest accruing thereon, shall be paid and discharged, apply towards the payment of the same a sum of not less than one hundred pounds, together with the lawful interest upon the whole sum which may from time to time remain due, from and out of the rates and assessments so coming into his hands, for the use of the said intended District.
XII. And be it enacted, That no Treasurer hereafter to be appointed, centage on por either by the said meeting, or by the Councillors of the said intended into his hands District, shall be entitled or authorized to receive any poundage or per
centage upon any sum or sums of money which shall or may be loaned
NO Treasurer to receive any per
under this Act.
ACT 12 VIC., CAP. 96.
An Act to divide the District of Huron, in the Province of Canada,
and for other purposes therein mentioned. Whereas from the great extent of the District of Huron as at present constituted, and the consequent distance of some parts of it from the District Town, the inhabitants of those parts suffer great inconvenience; And whereas also, from the vastly increasing population and agricultural advancement thereof, it is expedient that the said District should be divided, and certain portions of the same should be set off