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MUNICIPAL CORPORATIONS,

UPPER CANADA.

ACT 12 VIC., CAP. 81.

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.

[30th May, 1849.]

HEREAS it will be of great public benefit and advantage Preamble.

W that provision should be made, by one general law, for

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Parliament of the late Province of Upper Canada, have, by an Act passed during this present Session of Parliament been repealed: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly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.

Inhabitants of corporated.

Townships in

Their Corporate

II. And be it enacted, That the inhabitants of each Township in Upper Canada, which shall have one hundred or more resident freehold ers or householders on the Collector's Roll thereof, for the last year 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 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 Townships havCouncil 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 puited ing of this Act, and to be continued by adjournment from time to time to to others, & how

A

popula

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 as the Junior Township of such Union of Townships, and be represented in one Municipality in common with such adjacent Township, which 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 this Act, every Township newly laid out by the Crown, or not having within it one hundred resident freeholders and householders on the Collector's Roll, and not then already attached to or united with any other 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 particular rural Ward of such Township, where such last mentioned Township As to Townships shall have been divided into such Wards, or part of it to one of such

Which shall be the Junior Township.

As to Townships
newly laid out
or having less

than a certain
population after
1st Jan. 1850.

having Rural

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 ship" interpret- mentioning their names, and the word Township, shall for the purposes

Word "Town

ed.

Townships may

be divided into Rural Wards, and how.

A place in each Ward to be ap

tions, &c.

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.

IV. And be it enacted, That it shall and may be lawful for every such Municipal Council if they deem it expedient so to do, in and by 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.

V. And be it enacted, That every such Municipal Council, whenever pointed for elec- by such By-law they shall divide any such Township into rural Wards 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 By-laws for a division into Wards.

VI. And be it enacted, That copies of every such By-law shall be published by every such Municipal Council, twice at least in the Official 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, whenever by such By-law they shall divide any such Township into rural Wards as aforesaid, and shall fix the places for holding the first elections in such Wards and appoint Returning Officers for holding the same, shall 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.

Copy of By-laws

to be sent to the

person appointed to hold the elec Ward, &c.

tion in a Rural

Any Township

division into Ru

ral Wards may be altered.

VIII. And be it enacted, That it shall and may be lawful for the Municipality of each Township from time to time by any By-law or By-laws to be passed for that purpose, to divide such Townships anew into several 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-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.

as to

Place for holding elections may be

IX. And be it enacted, That it shall and may be lawful for the Municipality 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 Municipality whose Township shall be divided into rural Wards as 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 such Union of Townships as hereinbefore mentioned and provided for, shall have within it one hundred resident freeholders and householders on the Collector's Roll, it shall and may be lawful for the Municipal Council of the County in which such Township shall lie, 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 such Junior Township into rural Wards, to fix the place for holding the first election of Councillors in each of such Wards, 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 fourth, fifth, sixth and seventh preceding sections of this Act. XII. And be it enacted, That whenever any Junior Township of any such Union of Townships as is hereinbefore mentioned and provided for, shall have within it one hundred resident freeholders and householders on the Collector's Roll, such Junior Township upon, from and after the first day of January, in the year next but one thereafter, shall be incorporated by itself, and such Junior Township and the other Township or Townships to which it shall have been theretofore united, shall, from thenceforth to all intents and purposes whatsoever, be held and considered as separate Townships.

Returning Offpointed.

cers to be ap

Town

Provision as to division of the ships into Wards in case of separa

tion.

Provision for she Junior Townships have sufficient popu

separation when

lation.

Provision as to proper alterations in the remaining Township, for elections, &c., Rural Wards, &c.

XIII. And be it enacted, That whenever any Junior Township attached or united to another as herein before mentioned and provided for, shall have within it one hundred resident freeholders and householders on the Collector's Roll, it shall and may be lawful for the Municipality 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 Wards, 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 and tenth preceding sections of this Act: Provided always, nevertheless, firstly, that such By-law need not be passed by a vote of two thirds of 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: Com- passed by a majority of such Municipality in the usual way; Provided also, secondly, that every such By-law shall contain a provision limiting 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.

Proviso as to majority to pass the By-law.

mencement of

By-law.

Provision as to elections if the proper altera

tions have not been made, &c.

Proviso if parts of Ward remain

in the Senior Township.

Number of Rural
Wards in each
Township.

When a Town-
ship united to

another shall be incorporated by

itself.

No part of Cities,

XIV. And be it enacted, That whenever such new Division into Wards shall not have been made by the Municipality of any Union of Townships according to the next preceding section of this Act, in anticipation of the dissolution of such Union, and in consequence of the whole of any one or more of the rural Wards of any such Union of Townships lying wholly within the limits of any Junior Township of such Union, the other Township or Townships of such Union, upon the dissolution of such Union as provided for by this Act, shall be left without a sufficient number of Wards for completing the number of Councillors to which it or they shall be entitled according to the provisions of this Act, the elections of Councillors for such Senior or remaining Township or Townships, shall, after the dissolution of such Union, be made by general vote of the qualified freeholders and householders of the whole of such Senior of remaining Township or Townships at a general Township meeting, to be held for that purpose, at the time appointed by law, and not by rural Wards as theretofore, until the Municipality of such Senior or remaining Township or Townships shall, by a By-law to be passed for that purpose, have redivided such last mentioned Township or remaining Townships into rural Wards according to the provisions of this Act; Provided always, nevertheless, that whenever notwithstanding the dissolution of any such Union, parts of the Wards of which such 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.

XV. And be it enacted, That in every case in which any Township shall be divided into rural Wards under this Act, the same shall be so divided into five of such Wards.

XVI. And be it enacted, That whenever any Township so attached or united to another shall have within it fifty resident freeholders and householders on the Collector's Roll, such Township shall, for the year 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.

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

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