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ACT 12 VIC., CAP. 81.
An Act to provide, by one general law, for the erection of Municipal Cor
porations, and the establishment of Regulations of Police, in and for the several Counties, Cities, Towns, Townships and Villages in Upper Canada.
. [30th May, 1849.] THEREAS it will be of great public benefit and advantage Preamble.
that provision should be made, 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 : And whereas, with a view to this object, certain Acts of the Parliament of this Province, and certain others of the Parliament of the late Province of Upper Canada, have, by an Act passed during this present Session of Parliament been repealed : Be it Therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly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 this Act shall commence and have force and effect Commencement upon, from and after the first day of January, in the year of our Lord, of this Act. one thousand eight hundred and fifty, and not before; excepting always Exception as to such of its provisions as may require that any thing be done preparatory preparatory proto the first elections to be held under it, which provisions shall be in
ceedings. force immediately upon, from and after the passing thereof.
I. TOWNSHIPS. II. And be it enacted, That the inhabitants of each Township in Upper Canada, which shall have one hundred or more resident freehold. Inhabitants of ers or householders on the Collector's Roll thereof, for the last year corporated. that the same shall have been made up, prior to the time this Act is appointed to come into force, shall be a Body Corporate, and as such Their Corporate shall have perpetual succession and a Common Seal, with power to powers. break, renew and alter the same at pleasure, and shall be capable of suing and being sued, of pleading and being impleaded in all Courts and places whatsoever, of purchasing, acquiring and holding lands and tenements, and other real and personal property within such Township for the use of the inhabitants thereof, in their corporate capacity, and of making and entering into such contracts as may be necessary for the exercise of their corporate functions, and that all such powers shall How exercised. be exercised by, through and in the name of the Municipality of each Township respectively. · III. And be it enacted, That it shall be the duty of the Municipal me
Townships hav. Council for each District in Upper-Canada, at a Special Meeting to be ing less than a held for that purpose on the second day of October next after the pass- certain popula-.
tion to be united ing of thisAct, and to be continued by adjournment from time to time to to others. & how
such period not being beyond the second day of November next thereafter, as may be necessary for completing the business hereby imposed upon them, by a By-law to be passed for that purpose at such meeting, to attach every Township lying within any County in their District which shall have within it less than one hundred resident freeholders and householders on the Collector's Roll for the last year, that the same shall have been made up prior to the said second day of October next, to some other adjacent Township lying within the same County, and such Township so united or attached to such adjacent Township, shall,
until the dissolution of such Union as provided for by this Act, be known Which shall be
as the Junior Township of such Union of Townships, and be represented the Junior in one Municipality in common with such adjacent Township, which Township. shall in like manner be known as the Senior Township of such Union;
and from and after the first day of January next, after the passing of As to Townships this Act, every Township newly laid out by the Crown, or not having newly laid out or "Waving less within it one hundred resident freeholders and householders on the Colthan a certain lector's Roll, and not then already attached to or united with any other population after 1st Jan. 1850.
Township as aforesaid, shall, by a By-law of the Municipal Council of the County in which such Township shall be situate, be united for the purposes of this Act to such adjacent Township, in such County as such Municipal Council shall think fit, and also to some one particu
lar rural Ward of such Township, where such last mentioned Township As to Townehips having Rural
shall have been divided into such Wards, or part of it to one of such Wards.
Wards and part of it to another of such Wards, with a view to the representation of the freeholders and householders thereof, in the Municipality of such United Townships, and all such Townships shall, while
they shall continue so united, be called The United Townships of Word " Township" interpret
mentioning their names, and the word Township, shall for the purposes ed.
of this Act, be held and considered to apply to and include Townships so united as well as single Townships, and such Unions may be made to
consist of two or more Townships, as convenience may require. Townships may IV. And be it enacted, That it shall and may be lawful for every be divided into such Municipal Council if they deem it expedient so to do, in and by Rural Wards, and how.
such By-law, to divide each of the Townships (including Unions of Townships as aforesaid,) in each County, into rural Wards, for the election of Township Councillors, for such Township excluding from such Wards any and every Incorporated Village, Town or City, and the liberties thereof lying within the limits of such Township, which Division into rural Wards shall be made in such manner that the several Wards in each of such Townships shall, as regards the number of freeholders and householders entitled to vote at the election of Township Councillors for the same, respectively, be as nearly equal as practicable, regard being however also had to the convenience of such freeholders and householders, and to the rendering each of such rural Wards as
compact as circumstances will permit. A place in each V. And be it enacted, That every such Municipal Council, whenever Ward to be ap- by such By-law they shall divide any such Township into rural Wards pointed for elec tions, &c.
as aforesaid, shall in the same By-law appoint a convenient place in each of such Wards for holding the election of Township Councillors for such Ward, and shall also appoint a fit and proper person to hold the
first election of a Township Councillor in each of such Wards respectively. Publication of VI. And be it enacted, That copies of every such By-law shall be By-laws for a
published by every such Municipal Council, twice at least in the Offidivision into Wards.
cial Gazette of this Province, and at least four times in some public newspaper, if any there be published in such County, and copies thereof shall be moreover posted up in the four most public places in each Township in such County
VII. And be it enacted, That every such Municipal Council, when- Copy of By-laws
to be sent to the ever by such By-law thiey shall divide any such Township into rural person appointed Wards as aforesaid, and shall fix the places for holding the first elections to hold the elec
tion in a Rural in such Wards and appoint Returning Officers for holding the same, shall
Ward, &c. cause a copy of such By-law under their seal to be delivered to the person appointed to hold the election for each of such Wards, or to be left for him at his usual place of residence one calendar month at least prior to the time for holding the election, and every such person shall, and he is hereby required to hold the first election of Township Councillor for the Ward to which he shall be so appointed, and in default thereof shall be liable to a penalty of not more than Ten pounds for his default in the premises. VIII. And be it enacted, That it shall and may be lawful for the Muni- divisjon inboku
che lawful for the Moon: Any Township cipality of each Township from time to time by any By-law or By-laws to ral Wards may be passed for that purpose, to divide such Townships anew into several be altered. Wards as aforesaid, re-arranging the same so as more effectually to accomplish the objects aforesaid, every which division by such Municipality shall supersede that so to be made by such District or County Municipal Council, as well as every previous division made by such Municipality, itself; Provided always, nevertheless, that no such first mentioned By
2 . Proviso as to
By-law for alterlaw shall be of any force or effect unless the same shall have been ing it." passed by a vote of at least four fifths of the members of such Municipality for the time being. · IX. And be it enacted, That it shall and may be lawful for the Mu- :
Place for holding
elections may be nicipality of each Township, from time to time, by any By-law or By- altered. laws to be passed for that purpose, to appoint a fit and convenient place in each of the several Waids into which such Township shall be divided for holding the election of Township Councillors, therefore, every which appointment shall supersede that made by such District or County Municipal Council, as well as any appointment previously made by such Municipality. X. And be it enacted, That it shall be the duty of every Township Returning Of.
cers to be apMunicipality whose Township shall be divided into rural Wards as pointed. aforesaid, to appoint annually fit and proper persons to be the Returning Officers for holding the elections of Township Councillors in the several rural Wards into which such Township shall be so divided.
XI. And be it enacted, That whenever any Junior Township of any Provision as to such Union of Townships as hereinbefore mentioned and provided for. division of the
Junior Townshall have within it one hundred resident freeholders and householders ships into Wards on the Collector's Roll, it shall and may be lawful for the Municipal in case of separa
such Junior Township into rural Wards, to fix the place for holding the first
XII. And be it enacted, That whenever any Junior Township of any Provision for such Union of Townships as is hereinbefore mentioned and provided for, separation when shall have within it one hundred resident freeholders and householders Townships have on the Collector's Roll, such Junior Township upon, from and after the sufficient popu
Provision as to XIII. And be it enacted, That whenever any Junior Township atproper altera tached or united to another as herein before mentioned and provided for, tions in the remaining Townshall have within it one hundred resident freeholders and householders ship, for elec- , on the Collector's Roll, it shall and may be lawful for the Municipality tions, &c., Rural Wards, &c.
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 Warus, 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 eight, ninth Provjuo as to ma- and tenth preceding sections of this Act: Provided always, nevertheless, jority to pass the firstly, that such By-law need not be passed by a vote of two thirds of By-law.
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, but shall be valid and effectual for all purposes whatever if Proviso : Coin- passed by a majority of such Municipality in the usual way; Provided mencement of
also, secondly, that every such By-law shall contain a provision limiting By-law.
it 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. Provision as to XIV. And be it enacted, That whenever such new Division into elections if the
Wards shall not have been made by the Municipality of any Union of proper alterations have not Townships according to the next preceding section of this Act, in anticibeen made, &c.
pation of the dissolution of such Union, and in consequence of the whole
or remaining Townships into rural Wards according to the provisions of Proviso : if parts this Act; Provided always, nevertheless, that whenever notwithstanding of Ward remain
the dissolution of any such Union, parts of the Wards of which such in the Senior Township.
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. Number of Rural XV. And be it enacted, That in every case in which any Township Wards in each shall be divided into rural Wards under this Act, the same shall be so Township.
divided into five of such Wards. When a Town- XVI. And be it enacted, That whenever any Township so attached ship united 10 or united to another shall have within it fifty resident freeholders and another shall be incorporated by householders on the Collector's Roll, such Township shall, for the year itself.
following the making up such roll and thenceforth, be incorporated by itself, and such Township, and that to which it shall have been so united shall thenceforth, to all intents and purposes whatsoever, be held and
considered as separate Townships. No part of Cities, XVII. And be it enacted, That no part of any Incorporated City, or of &c., to form part the liberties thereof, or of any Incorporated Town or Village, although