14th & 15th Vic., As to By-laws of in any town, liable to all the debts and loans created or contracted by the County or Union of Counties, within the limits of which such City and the liberties thereof shall lie, according to the provisions of the one hundred and seventy-seventh section of the Municipal Corporations' Act, of one thousand eight hundred and forty-nine, and of this Act, to the like extent and in the like manner as a Junior County, on its separation from the County or Counties with which it was united, remains liable to the similar Debts and Loans of such Union; and all the several provisions of the eighteenth, nineteenth and twentieth sections of this Act, shall apply between such City and such County, or United Counties, as between a Junior County and the Senior County or Counties from which it shall have been separated.] [XXIV. And be it enacted, That the By-laws of every County or Union of Counties, in force in any Town, or in such parts of the said County or Counties as are added to the same, when such Town shall be maining in force erected into a City, by Proclamation or otherwise, according to Law, shall continue in force in such City and the liberties thereof, after the erection thereof, as if such By laws had been passed by the Common Council of such City, until the same shall be repealed, altered or amended respectively, by the Common Council of such City: Provided always, nevertheless, that nothing herein contained shall extend to be repealed, &c., empower the Common Council of such City, to repeal, alter or amend any of such By-laws or any part thereof, which could not be lawfully so repealed, altered or amended by the Municipal Council of the County or Union of Counties of which such Town formed part previously to its erection into a City, if it were not so erected but still formed part of such County or Union.] Proviso: Certain in certain cases. Each incorpora ted City to be a for certain purposes. Proviso: not to LXXXV. And be it enacted, That each of the Cities which shall be County of itself or remain incorporated as such under the authority of this Act, with the liberties thereof, shall, for all Municipal purposes, and such Judicial purposes as are herein or hereby specially provided for, but no other, be a County of itself: Provided always, nevertheless, that nothing herein prevent County contained shall prevent the Municipal Council of the County within or on the borders of the territorial limits whereof such County of a City shall lie, to hold their sittings, keep their public offices, and transact all their business and that of their officers and servants within the limits of such City or the liberties thereof, and to purchase and hold all such real property within such limits as may be necessary or convenient for such purposes or any of them. Municipal Justice of the Peace of the no jurisdiction within City. LXXXVI. And be it enacted, That the Justices of the Peace in and County to have for the County within or on the borders of which such City shall lie, shall as such neither have nor exercise any jurisdiction over offences committed within such City or the liberties thereof; any law or usage Sessions of the to the contrary thereof notwithstanding: Provided always, nevertheless, firstly, that nothing herein contained shall be construed to prevent the General or Adjourned Quarter Sessions of the Peace for such County Proviso: Quarter County may be held in Cuy, being held within the limits of such City or the liberties thereof, and having and exercising all the jurisdiction and authority necessarily incident to the power of holding such Sessions; And provided always also, Proviso: with secondly, that nothing herein shall prevent or be construed to prevent the endorsement of endorsement of Warrants as now provided for by law, nor to alter or interfere with the effect of such endorsement. respect to Warrants. the Peace to cease [LXXXVII. And be it enacted, That [the Aldermen of each 13th & 14th Vic., City which shall be or remain incorporated as such under the authority cap. 64, sec 1. of this Act, shall by virtue of their respective offices be Justices of the Commissions of Peace in and for such City and the liberties thereof, and that from the on erection of a time of the erection of any Town into a City,] any and every Commis- City. sion of the Peace, that may have been issued for such Town shall cease and determine.] to be appointed. [LXXXVIII. And be it enacted, That there shall be in and 13th & 14th Vic,, for each of the Cities which shall be or remain incorporated as such cap. 64, sec. 1. under the authority of this Act, besides a Chief Constable, as provided Chief Constable with respect to incorporated Towns as aforesaid, one High Bailiff, who and High Bailiff shall be appointed annually [by the Corporation of such City, who may by By-law, if they shall deem it expedient so to do, provide that the offices of High Bailiff and Chief Constable may be united in and held by the same person.] erect part of the liberties into outer Wards, &c. LXXXIX. And be it enacted, That it shall and may be lawful for corporation may the Corporation of any City which shall be or remain incorporated under authority of this Act, by act of Common Council, from time to time, as it may seem expedient, to erect any part of the liberties contiguous to such City, as their boundaries shall be at the time, into one or more outer Wards; and may from time to time, as it may seem expedient, alter and vary the boundaries of such outer Wards, or any of them, before they shall be annexed to the said City, as hereinafter provided. an outer on certain conditions. XC. And be it enacted, That so soon as it shall appear by the cen- Provision for ansus of any such City, that any one of its outer Wards contains as many ward to the City, inhabitants as by the census first taken after the passing of this Act, or after the erection of such City, as the case may be, shall be found to be contained in the least populous of the Wards erected by this Act, or by the Proclamation erecting such City, and by the general Assessment Rolls of such City, that such outer Ward contains as much assessed property as by the first Assessment of the said City made after the passing of this Act, or after the issuing of such Proclamation as aforesaid, shall be found to be contained in the least wealthy of the Wards erected by this Act or by such Proclamation, it shall and may be lawful for the Mayor of such City, for the time being, and he is hereby required forthwith to issue a Proclamation, under the Seal of the said City, setting When an outer Ward is annexed form part of the liberties. forth the same, and annexing such Ward to such City, calling it by such name as the Common Council thereof shall think fit. XCI. And be it enacted, That from the date of any such last menit shall cease to tioned Proclamation, such Ward shall cease to be a part of the liberties, and shall from thenceforth constitute a Ward of such City, and have incident to it, and its inhabitants every thing by this Act or any future Act of Parliament, or any act of Common Council, incident to the Wards of such City, or the inhabitants thereof in General, and every such Act shall extend to such Ward as it does or shall to the other Wards of such City in general; Provided always, that no Election for elections for such Charter Officers for any such Ward, shall take place until the general Election for such officers next ensuing the issuing of any such last mentioned Proclamation. Proviso as to Ward. Present Gaol, Court House, as such for City and County, until otherwise provided. XCII. And be it enacted, That the Gaol, Court House and House of &c., to continue Correction of the County within the limits or on the borders of which any such City shall be situate, shall be and continue to be the Gaol, Court House and House of Correction of such City, as well as of such County, until such City shall by Act of Common Council otherwise direct; and the Sheriff, Gaoler, and Keeper of every such County Gaol and House of Correction shall be bound to receive and safely keep until duly discharged, all persons committed thereto by any competent power of authority of such City. 13 & 14 Vic., cap. A Recorder's City. side in it. [XCIII. And be it enacted, That besides a Police [Office and Police Magistrate as provided with respect to incorporated Towns as aforesaid, and which Police Magistrate shall have the like duties and powers lished for each in all respects in such City and the liberties thereof as is herein provided with respect to the Police] and Magistrates for incorporated Towns as aforesaid, there shall moreover be a Court of Record in each of the Cities, which shall be or remain incorporated as such under the authority of this Act, which Court shall be called the Recorder's Court Who shall pre- of such City, and wherein the Recorder for the time being shall preside, assisted by one or more of the Aldermen of such City, or in the absence of such Recorder from sickness or other causes, or when there shall be no Recorder, the Mayor or one of the Aldermen of such City, to be elected by the Aldermen from among themselves, shall preside; and that such Court shall in all cases possess the like powers and have the Jurisdiction of like jurisdiction as to crimes, offences and misdemeanors commitRecorder's Court. ted in such City and the liberties thereof as the Courts of Quarter Sessions of the Peace now have or hereafter may have by Law in Upper Canada, as to crimes, offences and misdemeanors committed within their local jurisdiction, as well as in all those matters of civil concern not belonging to the ordinary jurisdiction of a Court of Justice, as have been or may hereafter be by Law vested in such Courts of Quarter Sessions of the Peace.] [XX. And be it enacted, That the following section shall be substituted for the repealed ninety-fourth section of the Act first above cited, and shall be read as part of the said Act: "And be it enacted, That the Recorder's Court shall hold four sessions each year, which sessions shall commence on the First Monday in the Months of January, April, July and November, in each year.] Recorders for any City may be side over and hold the Division [XXVII. And be it enacted, That upon or at any time after the ap- 13 & 14 Vic., cap. pointment of a Recorder for any City in Upper Canada, under the pro- 109, sec. 27. vision of the Upper Canada Municipal Corporations' Act of one thousand eight hundred and forty nine, it shall and may be lawful for appointed to prethe Governor of this Province, by Letters Patent under the Great Seal thereof, to authorize and appoint the Recorder for the time being of Court. such City to preside over and hold the Division Court of and for that Division of the County or Union of Counties within which such City and the liberties thereof shall lie, which shall include such City and liberties, and in every such case, so long as such Letters Patent shall remain unrevoked, the Recorder of such City shall have and exercise all the powers and privileges, and perform all the duties of the County Court Judge as Judge of the said Division Court, in the same manner, and to the same extent as such County Court Judge would be authorized to have, exercise and perform the same if this Act had not His powers under been passed; and such Recorder shall, by virtue of such Letters Patent, have full power and authority to hold such Division Court and to perform all other duties, whether of a judicial or other character, which, if this Act had not been passed, it would appertain and belong to such County Judge as Judge of such Division Court to exercise and perform; provided always, nevertheless, that while any Recorder shall be so Proviso. authorized and appointed to hold such Division Court, such Recorder shall not practise as a Barrister, Advocate, Attorney, Solicitor or Proctor in any of Her Majesty's Courts of Law or Equity in this Province.] Letters Patent. cap. 106, sec. 28. Judge when Re Judge. [XXVIII. And be it enacted, That upon and from the issuing of any 13 and 14 Vic., such Letters Patent under this Act, appointing the Recorder of any As to the authorCity to preside over and hold the Division Court of and for the Divi- ity of the County sion within the limits of which such City and the liberties thereof shall corder is so lie, and while such Letters Patent shall remain unrevoked, the author-appointed as ity and duties of the County Judge of such County or Union of Counties as Judge of such Division Court, except as in the next section of this Act provided, shall cease: Provided always, nevertheless, that all and every the business and proceedings of, or in any such Division Court, whether pending or otherwise at the time of the issue of any such Letters Patent and all matters and things thereto relating, shall be continued, managed and disposed of by and under the authority of of such Recorder, instead of such County Judge, as if he had been the Judge of such Division Court when the same was commenced.] Proviso. cap. 109, sec. 29. Recorder, the [XXIX. And be it enacted, That in case of the illness or unavoid- 13 and 14 Vic., able absence or absence by leave of the Governor, of the Recorder of In case of abany such City, it shall and may be lawful for the Judge of the Coun- sence, &c., of ty Court in and for the County or Union of Counties within the limits County Judge to of which such City and the liberties thereof shall lie, to sit for such may name a Recorder as Judge of such Division Court, and in every other capacity Barrister in his whether judicial or otherwise, belonging or attached to the office of I sit: stead. Recorder Powers. Proviso. 13 and 14 Vic.. As to instalment of nomination. such Recorder as Judges of such Division Court by virtue of such Letters Patent as aforesaid, or for such Recorder, if he think fit so to do, by an instrument in writing, under his hand and seal, to name and appoint some Barrister, duly admitted as such, so to sit for him in holding such Division Court as aforesaid; and in every such case, as well such County Judge as such other person so named and appointed to sit for such Recorder as aforesaid, shall on every such occasion have full power and authority to sit for such Recorder as Judge of such Division Court, and in every other capacity, whether judicial or of any other character, belonging or attached to the office of such Recorder as Judge of such Division Court, by virtue of such Letters Patent as aforesaid: Provided always, nevertheless, that no such nomination or appointment shall continue or be in force for more than one calendar month without the renewal of the same by a like instrument as aforesaid.] [XXX. And be it enacted, That every such instrument of nomination cap. 109, sec. 30. shall contain a recital of the cause which rendered such nomination necessary, and shall be executed in triplicate, one of which triplicate originals shall, by the Recorder making the same, be fyled in the office of the Clerk of such Division Court, another of them delivered or sent to the person so named to sit for such Recorder, and the third be transmitted to the Provincial Secretary, for the information of the Governor of this Province.] 14 & 15 Vic., cap. 109, sec. 31. Governor may nation, and ap [XXXI. And be it enacted, That in the case of every such nomination it shall and may be lawful for the Governor of this Province, by an annul the noni instrument under his Privy Seal, to annul such nomination, and if he point some other shall think fit so to do, to name, by the same or any other instrument under his Privy Seal, some other person legally qualified to have been named by such Recorder himself, to sit for such Recorder, instead of the person so named by such Recorder as aforesaid, and with the like powers hereby conferred upon such person so named.] person. 14 & 15 Vic., cap. 109, sec. 32. Remuneration to Recorder. Inhabitants of City and Liberties exempted from serving on certain Juries after a certain date. [XXXII. And be it enacted, That it shall and may be lawful for the Governor of this Province in Council, to fix an annual remuneration to be paid to every such Recorder for performing such duties, due regard being had in fixing the same to the population resident within the jurisdiction of such Division Court, the amount derived to the Fee Fund from the fees collected and returned from such Division Court, the amount of the salary of such Recorder as such, and the amount of the salaries of other County Court Judges in Upper Canada, and that such annual remuneration shall be subject to be altered in the like way, and shall be paid out of the like funds and in the like manner as the salary of the County Judge in and for the County or Union of Counties within the limits of which such City and the liberties thereof shall lie.] XCV. And be it enacted, That the inhabitants of every such City erected or to be erected under the authority of this Act, and of the liberties thereof, at all times after the passing of this Act, or after the first day of January next after the end of the three calendar months from the teste of the Proclamation erecting such City, as the case may |