SUPPLEMENT TO THE MUNICIPAL MANUAL. CORPORATIONS AMENDMENT ACT. wwwww ACT 13 & 14 VIC., CAP. 64. An Act for correcting certain errors and omissions in the Act of the Parliament of this Province, passed in the last Session thereof, intituled, "An Act to provide, by one general law, for the erection of Municipal Corporations and the establishment of Regulations of Police in and for the several Counties, Cities, Towns, Townships and Villages in Upper Canada," for amending certain of the provisions of the said Act, and making some further provisions for the better accomplishment of the object thereof. [10th August, 1850.] WHEREAS in the engrossment of the Act passed in the last Session Preamble. of Parliament, chaptered eighty-one, and intituled, An Act to provide, by one general law, for the erection of Municipal Corporations and 12 Vict. c. 81, the establishment of Regulations of Police, in and for the several Counties, Cities, Towns, Townships and Villages in Upper Canada, some errors were accidentally committed, and amongst them, one of the Schedules in the said Act referred to, and intended to have been annexed to the same, was wholly omitted: And whereas there are also some inaccuracies, as well in the body of the said Aot as in the Schedules thereunto annexed; And whereas it is expedient as well to correct the said errors and inaccuracies as to amend the said Act in some of the provisions thereof, and to make some further provisions for the better accomplishment of the object thereof: 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 several words, phrases and sentences in the first column of the Schedule to this Act annexed, marked A, numbered from one to thirty-six inclusive, and set forth at K Certain words, &c., mentioned in Schedule A. substituted for the said Act. certain others in length 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 Act 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 sections, sub-sections and provisoes, are hereby repealed; and the several and respective words, phrases and sentences set forth in the fourth column of the said Schedule, opposite to each of such first mentioned words, phrases and sentences respectively, shall be, and the same are hereby substituted for such first mentioned words, phrases and sentences, each for each respectively; and henceforth, the said substituted words, phrases and sentences, instead of those for which they are so substituted 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 Act 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 How the said Act and provisoes therein particularly mentioned; and the said Act, and all other Acts referring to the same, shall be construed as if such substituted words, phrases and sentences had been there used in such respective sections, sub-sections and provisoes 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 Act, any thing therein contained to the contrary notwithstanding: Provided always, nevertheless, that nothing in this Section contained, shall render void or otherwise affect in any way, any thing heretofore done under the authority of the said Act, but the same, unless it shall have been made the subject of proceedings at Law actually instituted before the passing of this Act, shall be, and the same is hereby ratified and confirmed ; any thing herein contained to the contrary notwithstanding. shall hereafter be construed. Proviso as to things already done. Parts of Schedule new provisions substituted. II. And be it enacted, That so much of the Schedule to the said Act B. repealed and annexed, marked B, as extends to the end of the divisions of the Town of Belleville into Wards, and also those parts of the said Schedule which apply to the Towns of Cobourg, Picton, Port Hope, Prescott and Saint Catherines respectively, their respective boundaries and divisions shall be, and the same are hereby respectively repealed,-and that the Schedule to this Act annexed, marked "Schedule B," shall be substitued for the said first mentioned part of the said Schedule B, to the said Act annexed, that the Schedule to this Act annexed, marked "5 Cobourg," shall be substituted for the said secondly above mentioned part of the Schedule B, to the said Act annexed, that the Schedule to this Act annexed, marked "12 Picton," shall be substituted for the said thirdly mentioned part of the said Schedule B, to the said Act annexed,--that the Schedule to this Act annexed, marked "13 Port Hope," shall be substituted for the said fourthly mentioned part of the said Schedule B, to the said Act annexed,--that the Schedule to this Act annexed, marked "14 Prescott," shall be substituted for the same fifthly above mentioned part of the said Schedule B, to the said Act annexed,—and that the Schedule to this Aet annexed, marked "15 Saint Catherines," shall be substituted for the said sixthly above mentioned part of the said Schedule B, to the said Act annexed, and each of such substituted parts respectively shall from henceforth be deemed and taken to form, and to have formed, that part of the said Schedule for which it is so hereby respectively substituted as aforesaid; any thing in the said Act, or the Schedules thereof, to the contrary notwithstanding: Provided always nevertheless, firstly That nothing in this Section contained shall render void or otherwise affect in any way any thing heretofore done under the authority Proviso as to things already Sone. Proviso certain of the said Act, but the same, unless it shall have been made the subject of proceedings at Law, actually instituted before the passing of this Act and still pending before the proper tribunal, shall be and the same is hereby ratified and confirmed; anything herein contained to the contrary notwithstanding; and provided also, secondly, that the Municipal Municipal elecElections for the said Towns of Belleville, Cobourg, Picton, Port Hope, tions confirmed. Prescott and Saint Catherines, held in January last, and all other proceedings had thereon, so far as the same shall be dependent upon the legality of such elections, shall be and the same are hereby specially ratified and confirmed as aforesaid. Schedule D. sup plied. Certain proceedhave been had in 1949, but for the ings which might omission of the Schedule D, may be had in 1850. III. And be it enacted, That the Schedule to this Act annexed, The omitted marked Schedule D, shall from henceforth be deemed and taken to be, and to have been annexed 'to the said recited Act, as the Schedule D, therein referred to; and that all such proceedings as, at any time during the year one thousand eight hundred and forty-nine, might have been had or taken for fixing or establishing the boundaries of any of the Towns mentioned in the said Schedule D, or for carrying the said Act into effect, with respect to any such Town, by the election and organization of a Municipality for the same at the commencement of the present year, shall and may be had and taken at any time during the corresponding periods of the year one thousand eight hundred and fifty, with the view and for the purpose of fixing or establishing such boundaries, and of carrying the said Act into effect with respect to such Town, by the election and organization of a Municipality for the same at the commencement of the year one thousand eight hundred and fifty-one, and as if the said Act, with the said Schedule D annexed thereto, had been passed during the present Session of Parliament. IV. And be it enacted, That it shall and may be lawful for the Governor of this Province, for the time being, if he shall deem it expedient so to do, at any time previous to the First day of December next, to issue a Proclamation under the Great Seal of the Province, authorizing and directing the immediate organization of a Municipality for the present year, in and for any of the Towns mentioned in the first Division of the said Schedule D; and to make such provisions in and by such Proclamation, as in his discretion may appear necessary or expedient, for fixing or establishing the boundaries of such Towns, for appointing a Returning Officer, and for holding and regulating the first Municipal Election to be held for the same,-for the appointment of Municipal Officers, and for imposing and levying the necessary assessments for Municipal purposes for the year one thousand eight hundred and fifty, and for all other purposes necessary or expedient for enabling such Municipality to exercise the several powers and privileges conferred upon such bodies by the said Act; and the said Municipality, so organized, their officers and servants, shall to all intents and purposes, have the like powers and privileges, and be subject to the like duties and obligations as if they had been duly elected at the period fixed by the said Act for the general Annual Municipal Elections throughout Upper Canada for the present year. V. And whereas it is expedient to remove certain doubts as to the legality of the Municipal Election held in and for the Towns of Belleville, Bytown and Peterborough, and the Village of Richmond, in the County of Carleton, for the present Municipal year: Be it therefore enacted, That for and notwithstanding any defect of substance or form in the authority of the persons who acted as Returning Officers at such Municipal Elections respectively, or in the notice given for holding such Elections. or in the time when, or the place where, such Elections were respectively held, the said Municipal Elections and all proceedings had Governor may ation for author issue a proclamizing the immedi ate organization of a Municipality in any town in the first division and may provide thereby for cer of Schedule D, tain purposes. Doubts as to elections in Belleville, By town. Richmond and Peterborough removed. Proviso as to pending proceedings. And as to pro perty qualifica lors, &c., elected in January, 1850. tion of council thereon, shall be and the same are hereby ratified and confirmed, any thing in the said Act to the contrary notwithstanding; and that for and notwithstanding any such defect of substance or form in the persons who appointed the times and places of meeting of the Town Councillors returned at such Elections for the purpose of organizing the Common Councils of such Towns respectively, or in the notice given for holding such meetings, or in the time when or the place where the same were held for that purpose, the organization of such Common Councils and all proceedings had thereon, shall be, and the same are hereby ratified and confirmed, any thing in the said Act to the contrary notwithstanding: Provided always nevertheless, that nothing in this Section contained shall render valid or otherwise affect any such proceeding which shall have been made the subject of proceedings at law actually instituted before the passing of this Act, and still pending before the proper tribunal; any thing herein contained to the contrary notwithstanding. VI. And be enacted, That for and notwithstanding any want of qualification in respect of property in any person elected a Councillor of any Township, Village or Town, or an Alderman or Councillor of any City, at the Annual Municipal Elections for the different Townships, Villages, Towns and Cities, held in January last, the election of every such Councillor and Alderman, if in other respects sufficient, shall be and the same is hereby ratified and confirmed: Provided pending proceed always nevertheless, that nothing in this Section contained shall render valid or otherwise affect the claim of any such person whose election shall have been made the subject of proceedings at law, actually instituted before the passing of this Act, and still pending before the proper tribunal; any thing herein contained to the contrary notwithstanding. Proviso as to ings. Certain powers, &car to vivy, 35, transferred to under 12 Vic. c. and vested in township municipalities. Recital. New provision as to unions of townships. VII. And be it enacted, That the powers and duties, by the thirtieth and thirty-first Sections of the Act passed in the last Session of Parliament, chaptered thirty-five, and intituled, An Act to repeal certain Acts therein mentioned, and to make better provision respecting the admission of Land Surveyors and the Survey of Lands in this Province, conferred and imposed upon the Municipal Councils of the different Counties (therein called Districts) in Upper Canada, and on the Treasurers and other officers thereof, shall be and the same are hereby transferred to and imposed upon the different Township Municipalities in Upper Canada, and upon their Treasurers and Officers respectively, to be exercised and performed by such Township Municipalities, their Treasurers and other Officers in the like cases and in the like manner as is therein provided with respect to such corresponding Municipal Councils, their Treasurers and other Officers; and no such powers or duties shall henceforth belong to, or be required of, the Municipal Councils of the different Counties or Unions of Counties in Upper Canada, their Treasurers or other Officers, or any of them. 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 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 In what cases and for what pur cities shall not form part of the which they lie. poses towns and counties in Incorporated vil IX. And be it enacted, That upon, from and after the day on which any Proclamation already issued, or to be hereafter issued, under the authority of the said first mentioned Act or of this Act, for erecting any village, hamlet or place into an incorporated Village, or any incorporated Village into a Town, shall have come into force and taken effect, or shall hereafter come into force or take effect, every such incorporated Village or Town, with the boundaries in such Proclamation prescribed lages always to for the same, shall be and be held to have been, and shall continue be part of the to be part of the County to which it shall by such Proclamation be county. declared to belong, as well for the purpose of representation in the Commons House of Legislative Assembly of this Province, as for all other purposes whatever, except only when any such Town shall be entitled to be represented in such Legislative Assembly by a member or members of its own, in every which last case, such Town, with the boundaries in such Proclamation prescribed for it, shall, for the purpose of Representation in such Legislative Assembly, cease to be or form part of such or any other County; and that upon, from and after the day on which any Proclamation already issued or to be hereafter issued, under the authority of the said first-mentioned Act or of this Act, for erecting any Town into a City, shall have come into force and taken effect, or shall hereafter come into force and take effect, such City and the liberties thereof, with the boundaries in such Proclamation prescribed for such City and the liberties thereof, shall, (if such City, when a Town, shall have been entitled to be represented by a member or members in the said Legislative Assembly,) for all the purposes of Representation in such Legislative Assembly, altogether cease to be or form a part of the County or Counties out of the territory of which it shall have been formed, and shall be, and be deemed to have been, from the time aforesaid, in the relative position to the County on the borders whereof it shall be situate, provided and prescribed by the eighty-fifth Section of the said first mentioned Act, and the other provisions thereof. X. And be it enacted, That it shall be lawful for any of the Municipal Councils of the several Counties and Unions of Counties in Upper Canada, to establish a Lock-up-House in any Town, Incorporated Village, or Police Village, within the Jurisdiction of such Municipal Council, and to establish and provide for such salary or fees to be paid Lock-up-houses ed by county councils, subject to certain provi tain places. may be establish sions, and in cer |