and

purchase properfor Court Gaols, and raise money for that

purpose.

Proviso as to powers of the Union.

Council of the

and with respect to such Junior County as are now by Law vested, or as hereafter may by Law be vested in the different Municipal Councils in Upper-Canada, so far as the same shall or may be requisite, for the purchase or procuring of the necessary property on which to erect a Court House and Gaol,-for the erection of such Court House and Gaol,-and for raising, levying and collecting the necessary moneys to defray the expenses of the same, and for remunerating the Provisional Officers employed or to be employed in or about the same: Provided always, that nothing herein contained shall extend or be construed to extend in any way to interfere with the powers of the Municipal Council of such Union, but all moneys to be raised by such Provisional Municipal Council as aforesaid, shall be independent of, and in addition to, any moneys that may be directed to be raised by the Municipal Council of such Union, under the powers in them vested or to be vested by Law. XII. And be it enacted, That every such Provisional Municipal Council shall have power in their discretion to appoint a Provisional Warden, a Provisional Treasurer, and such other Provisional Officers for such County as they may deem necessary for the purchase or procuring of such property,—the erection of such Court House and Gaol-the safe keeping of such moneys, and the protection and preservation of such property when thus acquired; which Provisional Warden, Treasurer and other Provisional Officers shall hold their offices during the pleasure of such Provisional Municipal Council. XIII. And be it enacted, That every such Provisional Municipal Provisional Council shall be a Body Corporate by the name of the Provisional Municipal Council of the County of (naming it,) and as such, shall have all Corporate powers necessary for the purpose of carrying into effect the object of their erection into such Provisional Municipal Council as herein provided, and none other.

XIV. And be it enacted, That all moneys directed to be assessed, levied and collected upon such Junior County by any By-law of such Provisional Municipal Council, shall be assessed, levied and collected by the same persons and in the same manner as the moneys directed to be assessed, levied and collected by the Municipal Council of the Union to which such County shall belong, and shall be paid over by the Collector thereof to the Provisional Treasurer of such Junior County in the like manner as other moneys are payable over to the Treasurer of such Union Provided always, firstly, that every Collector of such moneys shall be entitled to deduct and apply to his own use, for the trouble and responsibility of such collection, a sum equal to two and a half per centum upon the moneys paid over by him to such Provisional Treasurer as aforesaid, and no more: Provided also, secondly, that the moneys so collected shall in law and equity be deemed and taken to be moneys collected for such Union, so far as to charge every such Collector with the same, and to render him and his sureties responsible to such Union for such moneys: And provided also, thirdly, that all such moneys recovered or received by any such Union from any such Collector or his sureties, shall, after deducting the expenses of collection, be accounted for to such Junior County, and paid over to the Provisional or other Treasurer thereof, so soon as the same shall be received.

XV. And be it enacted, That so soon as any such Provisional Municipal Council for any such Junior County as aforesaid, shall have purchased or procured the necessary property, at the County Town of such County, and erected thereon suitable buildings for the purposes of a Court House and Gaol, adapted to the wants of such County, and in conformity with any statutory, or other rules or regulations in force respecting such buildings generally in Upper-Canada, it shall and may be

Provisional

Officers may be appointed for

such purpose.

Council to be a
Corporation.

How moneys

directed to be raised shall be levied, &c.

Proviso: per centage to Col

lector.

Proviso: Collectors liable as for ones of the

Union.

Moneys to be accounted for to

Junior County.

Junior County make agreement as to debt.

and Union to

to such agree

ment.

Arbitration for

ment.

lawful for such Provisional Municipal Council to enter into an agreement with the Municipal Council of the Union to which such Junior County shall belong, for the adjustment and settlement of the proportion, if any, of any debt due by such Union, and which it may be just that such Junior County, on its being disunited from such Union, should take upon itself, with the time or times of payment thereof; and every such agreement, so entered into, shall, both in law and equity, be and continue to be binding upon such Junior County, and upon the County or Counties Who may vote as from which it shall be disunited: Provided always, firstly, that none of the Members of the Municipal Council of such Union, who shall also be Members of the Provisional Municipal Council of such Junior County, shall take any part or give any vote in the Municipal Council of such Union, on any question or matter touching or concerning such agreement or any proposal connected with the same: Provided also, secondly, that default of agree- in default of the said Municipal Councils entering into any such agreement, the proportion of such debt, to be assumed by such Junior County shall be settled by the award of three Arbitrators, or the majority of them, to be appointed so soon as such property shall have been purchased or procured, and such Court House and Gaol erected, as follows, that is to say, one by the Municipal Council of such Senior County or Union of Counties, and the other by the Provisional Municipal Council of such Junior County, and the third by such two Arbitrators thus Third Arbitrator appointed or in the event of such two Arbitrators omitting to appoint how appointed. such third Arbitrator within ten days next after their own appointment, then by the Governor of this Province in Council: Provided also, thirdly, that in case either such Municipal Council or such Provisional Municipal Council, shall omit for one calendar month after they shall have been called upon for that purpose by the other of such Councils, to appoint an Arbitrator on their part as above provided, it shall and may be lawful for the Governor in Council to appoint an Arbitrator on the part and behalf of such Municipal Council, or Provisional Municipal Council so neglecting or omitting to appoint such Arbitrator, who shall, in such case, have all the same powers as if he had been appointed by such Municipal Council, or Provisional Municipal Council, as the case may be And provided also, fourthly, that every such submission and award shall be subject to the jurisdiction of Her Majesty's Court of Queen's Bench for Upper Canada, in like manner as if the same were by bond with an agreement therein, that such submission might be made a Rule of that Court: And provided also, fifthly, that the portion, if any, of such debt as due by Junior so agreed upon or settled, shall be a debt due from such Junior County to the County or Counties from which it shall have been disunited, and shall bear legal interest from the day on which the Union shall be actually dissolved, as hereinafter provided: and its payment shall be provided for by the Municipal Council of such Junior County, after the dissolution of such Union, in like manner as is or shall be required by law, with respect to other debts due by such Municipal Council, in common with others, and in default thereof, may be sued for and recovered as any of such other debts.

Proviso: Governor in Council to trator in default

appoint an Arbi

of either Council.

Award to be subject to jurisdiction of Queen's Bench.

Settled portion

County to bear interest and be provided for as other debts.

Assessments for

the year of sepa

XVI. And be it enacted, That all assessments imposed by the Muniration to belong cipal Council of any such Union, for the Calendar year in which any Proclamation for disuniting any Junior County from such Union shall issue, as hereinafter mentioned, shall belong to such Union, and shall be collected, accounted for, and paid over accordingly.

to the Union.

XVII. And be it enacted, That so soon as may be after such Provisional Municipal Council shall make it appear, to the satisfaction of the Governor of this Province in Council, that such property has been purchased or procured, and such Court House and Gaol erected, and the proportion of the said debt (if any) to be assumed by such Junior County

shall have been adjusted or settled as aforesaid, a Judge, a Surrogate, a Sheriff, at least one Coroner, a Clerk of the Peace, and, at least, twelve Justices of the Peace, shall be appointed for such Junior County, with a proviso in the Commissions appointing them respectively, that such Commissions respectively shall not take effect or be in force until the day on which such Counties shall be disunited, as hereinafter provided: Provided always, nevertheless, that the sureties to be given by such Sheriff, as required by the Act of the Parliament of the late Province of Upper-Canada, passed in the third year of the Reign of His late Majesty King William the Fourth, numbered chapter eight, and intituled, An Act to make certain regulations relating to the office of Sheriff in this Province, and to require the several Sheriffs of this Province to give security for the due fulfilment of the duties of their office, and the affidavit of his qualification in respect of property required by the same Act, shall not be required to be entered into, made, or given, by any such Sheriff so appointed, within the time specified in that Act, but shall be entered into, and made and given within the first six calendar months next after the Commission of such Sheriff shall take effect as aforesaid, and in default of the same being duly entered into, made and given, within such six months, such Sheriff shall, ipso facto, forfeit his office.

XVIII. And be it enacted, That so soon as such appointments shall be so made as aforesaid, it shall and may be lawful for the Governor of this Province in Council, by Proclamation under the Great Seal thereof, to declare such Junior County disunited from such Union, upon, from and after the first day of January which shall occur next after three calendar months after the teste of such Proclamation, and such Junior County shall, upon, from and after such first day of January, to be so named in the said Proclamation, as aforesaid, be, to all intents and purposes whatsoever, disunited from such Union, and if such Union shall have consisted of only two Counties, such Union shall, upon, from and after such first day of January, be absolutely dissolved; and if of more than two Counties, the remaining Counties shall remain united, and thereupon the said Provisional Municipal Council of such Junior County shall, upon, from and after such day, lapse and be absolutely dissolved, and none of the Courts or Officers of the Senior County, or of the Union, shall, as such, have any jurisdiction or authority whatsoever in or over the said County so disunited from such Union, as aforesaid; any thing in their respective Commissions, or in any Act of Parliament, either of this Province or the late Province of Upper-Canada, to the contrary not withstanding.

XIX. And be it enacted, That upon the disuniting any such Junior County from any such Union, there shall be a separate Registry of Titles for such County as for other Counties generally in Upper-Canada.

XX. And be it enacted, That upon the disuniting any such Junior County from any such Union, all the Public Property of such Union not situate, lying and being within such Junior County, shall, ipso facto, become the sole property of, and be thereupon vested in the remaining County or Counties of such Union, and all the public property of such Union situate, lying and being within the limits of such Junior County, shall, ipso facto, become the sole property of and be thereupon vested in such Junior County.

XXI. And be it enacted, That all Actions, Informations and Indictments, pending at the time so appointed by Proclamation for the disuniting such Junior County from such Union, shall be tried in the Senior County, unless by order of the Court in which the same shall be pending in Term time, or of some Judge thereof in vacation, the Venue therein shall be changed to the Junior County, which change every such Court

Proviso as to the
security to be
given by the
Sheriff under
Act of U. C. 3.

W. 4 c. 8.

On 1st January next after the end from the date of a Proclamation that behalf, the Union shall be dissolved, &c.

of two months

to be issued in

As to remaining
Counties if the
Union was of

more than two.

Separate Regis try of deeds for

Junior Counties

Property of the

Union in either
County to be-

come the proper-
tyof that County.

Provisions as to actions, &c., pending at the any Union.

dissolution of

Proceedings if the Venue be changed.

Laws applicable to Gaols and

Court Houses to become applicable to those in the Junior County, &c.

Certain Counties to consist of all the Townships within their

area for all pur

poses.

Oneida and

or Judge, is hereby authorized to grant and direct, either on the consent of parties, or in their or his discretion, on hearing such parties to the point by affidavit or otherwise.

XXII. And be it enacted, That upon any such change of Venue, the records and papers of every such Action, Information and Indictment shall, when necessary, be transmitted to the proper Offices of such Junior County.

XXIII. And be it enacted, That all and every the Rules and Regulations, provisions matters and things contained in any Act or Acts of the Parliament of this Province, or of the Parliament of the late Province of Upper-Canada, for the Regulation of or relating to Court Houses and Gaols, or either of them, which shall be in force and operation at the time so appointed by Proclamation for disuniting such Junior County from such Union as aforesaid, shall be and are hereby extended to the Court House and Gaol of such County so disunited as aforesaid, and the said Courts of Assize, Nisi Prius, Oyer and Terminer, Gaol Delivery, Sessions of the Peace, County, Surrogate, and every other Court of the said Junior County required to be held at a certain place, shall be commenced, and from time to time holden at the Court House so erected and declared to be the Court House of such County by such Proclamation as aforesaid, or any other that may be lawfully substituted for the same.

XXIV. And whereas the Counties mentioned in the Schedule to this Act annexed marked C. comprehend one area of territory for some purposes, and another and different area for other purposes: And whereas such diversities are inconvenient and should be discontinued-Be it enacted, That the several Counties mentioned in the said Schedule marked C, shall, as well for the purposes of Representation, and the Registration of Titles, as for Judicial, Municipal, and all other purposes whatsoever, consist of and include the Townships and places mentioned as lying therein, the said Schedule C, and such other Townships and places as from time to time may hereafter be attached thereto according to Law.

XXV. And be it enacted, That for judicial purposes only, the TownSeneca attached ships of Oneida and Seneca shall remain attached to and form part of the County of Wentworth so long as the County of Haldimand shall remain united to the County of Lincoln, and no longer.

to Wentworth

for certain pur

poses.

Rainham and

Walpole attach

XXVI. And be it enacted, That for judicial purposes only, the Towned to Norfolk for ships of Rainham and Walpole shall remain attached to and form part of the County of Norfolk so long as the County of Haldimand shall remain united to the County of Lincoln, and no longer.

certain purposes.

How certain Counties are to be formed for all purposes.

Proviso.

How Cities are

to be formed for Representation.

purposes of

XXVII. And be it enacted, That the several Counties in Upper-Canada not mentioned in the Schedule to this Act annexed marked C, shall, as well for the purpose of Representation and the Registration of Titles, as for Judicial, Municipal and all other purposes whatsoever, consist of and include the several Townships, Villages, Towns and places of which for the purpose of Representation, such Counties are now by Law declared to consist, and such other Townships and Places as from time to time may hereafter be attached thereto according to Law: Provided always nevertheless, that nothing in this Section contained shall interfere, or be construed to interfere, with the union of certain of such Counties for the purposes of Representation in Parliament as hereinafter mentioned.

XXVIII. And be it enacted, That for the purposes of Representation in the Provincial Parliament, the City of Toronto and the Liberties thereof shall form no part of the County of York; the City of Kingston and the Liberties thereof, no part of the County of Frontenac ; and the

City of Hamilton and the Liberties thereof, no part of the County of Wentworth ; and the Towns of Niagara, Cornwall, Brockville, London and Bytown, no part of the respective Counties of Lincoln, Stormont, Leeds, Middlesex, or Carleton, within the bounds of which such Towns are respectively situated.

Toronto, Kington, united to their counties for

ston and Hamil

Judicial

purposes.

XXIX. And be it enacted, That the Cities of Toronto, Kingston and Hamilton, with their respective Liberties, shall for all Judicial purposes except as hereinafter excepted, be united to the following Counties respectively, that is to say: the said City of Toronto and the Liberties thereof to the County of York; the said City of Kingston and the Liberties thereof to the County of Frontenac ; and the said City of Hamilton and the Liberties thereof to the County of Wentworth; excepting always nevertheless, as respects such Cities and the Liberties thereof, such Exceptions. Judicial Powers and Provisions as are comprehended in the respective Legislative Charters of such Cities respectively, or such powers and provisions as may be so comprehended in any Act or Acts for amending those Charters or any of them, or in any general Act for that purpose applicable to the whole of such Cities in general, or in any other Act or Acts applicable to them, or any of them in particular.

Counties of

IV. MISCELLANEOUS AND TEMPORARY PROVISIONS. XXX. And be it enacted, That the Townreeves of the different Provision as to Townships, Unions of Townships, Villages and Towns in the Counties the United of Kent and Lambton, shall form a Provisional Municipal Council for Lambton and such Counties as United Counties, and such Provisional Municipal Kent. Council shall, with respect to such Counties, have, possess and exercise all and singular the rights, powers, privileges and duties hereby conferred, granted or imposed upon Provisional Municipal Councils generally, erected by Proclamation under the authority of this Act, and also all such powers as by an Act of the Parliament of this Province, passed in the Session held in the tenth and eleventh years of Her Majesty's Reign, intituled, An Act to divide the Western District of the Province of Canada, and for other purposes therein mentioned, were conferred upon the Town- c. 39. ship Councillors of the different Townships of the said Counties; and such Provisional Municipal Council shall be charged with and liable to any debt that may have been contracted by competent authority on behalf of the District by that Act intended to be erected; and the Municipal Corporation of such United Counties, both Provisional and Permanent, shall and they are hereby required to provide for the payment of every such debt, and in default of their doing so, the same shall and may be sued for, recovered and levied by rate or otherwise, as in the case of debts of any other Municipal Corporation in Upper Canada.

Act 10 & 11 V.

the United

XXXI. And be it enacted, That so soon as the Court House and Gaol, Further provisnow in course of being erected under the authority of the said Act of ion in regard to Parliament last mentioned, shall have been completed, according to the Counties of Kent provisions of the said Act, and the other provisions of the fifteenth Sec- and Lambton. tion of this Act, shall have been complied with by the said United Counties of Kent and Lambton, it shall and may be lawful for the Governor of this Province in Council to issue a Proclamation, dissolving the Union between the said United Counties of Kent and Lambton and the County of Essex, and from thenceforth the said United Counties of Kent and Lambton shall form a Union of Counties, and all the provisions of this Act applicable to Unions of Counties in general shall be applicable to such Union to all intents and purposes, as if such United Counties were set forth as such in the Schedule to this Act annexed marked A.