Page images
PDF
EPUB

Substitution Act

(c. 18) cited.

divided into three

and erected into new and separate Counties, to remain united to that of Huron until they shall be disunited under the provisions of the Act passed in the present Session, and intituled, An Act for abolishing the County, Territorial Division of Upper Canada into Districts, and for pro- of this Session viding 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: Be it therefcre enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legis'ative 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 intitutled, 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 for all the purposes of the Act cited in the Preamble to County of Huron this Act, the County of Huron shall be divided into three Counties, to Counties. be called respectively, the County of Huron, the County of Perth, and the County of Bruce: and the County of Perth shall include and con- Perth. sist of the Townships of Blanchard, Hibbert, Fullarton, Logan, Downie, (including the Gore of Downie,) Ellice, Easthope North, Easthope, south, (including the Town of Stratford,) Elma and Wallace, in the now County of Huron, and Mornington in the now County of Waterloo; the County of Bruce sball include and consist of the Townsbips Bruce. of Huron, Kinloss, Culross, Carrick, Kincardine, Greenock, Brant, Bruce, Saugeen, Elderslie and Arran; and the County of Huron shall include Huron. and consist of all the remainder of the now County of Huron (including the Town of Goderich,) but the said three Counties of Huron, Perth and Bruce shall remain united and forin a Union of Counties for all the purposes of the Act last aforesaid, until such Union be dissolved in the manner provided in the said Act.

II. And be it enacted, That all that Peninsular Tract of Land lying To what County to the northward of the Townships of Derby, Arran and Saugeen, and Peningular Tracs between Lake Huron and the Georgian Bay, and known as the Indian Islands shall Reserve, together with every Island in Lake Huron or the Georgian belor Bay, any portion of which lie within ten miles of the shore of the said Peninsular Tract of Land, (unless such Island shall lie further south than the northern boundary line of the said Townships of Derby, Arran and Saugeen,) shall be annexed to and form part of the County of Waterloo : and that every such Island in Lake Huron as shall lie further south than the said boundary line, shall form part of such of the said Counties of Huron or Bruce respectively as such Island shall lie most adjacent to.

a certain

and certain

tion hal issued

of the said Act, c. 78.

County Town appointed &c.

County of Perth III. And whereas the population of the said County of Perth exceeds to be considered as if a proclama- twelve thousand, and from its geographical position it is expedient that under section 10

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 recited in the Preamble to this Act: Be it therefore enacted, That the said County of Perth shall, for all the purposes of the Act last aforesaid, be considered and dealt with as if 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, uutil 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 IV. And be it enacted, That when the Union of the said County of County of Perth. 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. Commencement V. And 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.

to be kept in the

of wis Act,

PERTH.

ACT 16 VIC., CAP. 31.

Preamble.

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 bas 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 the satisfied that satisfaction of the Governor of this Province in Council, that such have been done, property has been purchased or procured and such Court House and proclamation Gaol is erected, and the proportion of the debt, if any, to be assumed County of Perth by the said County of Perth, shall have been adjusted or settled as pro- which it now vided 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 sball 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

certain things

issue a

disuniting the

from the union of

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.*

PERTH, BRANT AND WATERLOO.

ACT 16 VIC., CAP. 81.

Preamble.

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 fifty. three, 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 resCounty Judges and Justic's 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;

* Proclamation made 1st January, 1853.

the Peace to fix nuinbers and limita of Division Courts.

Proviso,

[ocr errors]

And provided secondly, that until such declaration and appointment Proviso: pro-, shall 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 Asto pending 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.

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 limits shall tako 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.

pending when

numbers and

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 : medietate linguæ, and juries of a like nature, may be ordered by the dietate.

the year 1853.

Juries de me

« PreviousContinue »