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Provision as to XXXII. And be it enacted, That all actions, informations, indictpending actions ments, inquisitions and other proceedings, of what nature or kind and other proceedings in the soever, whether of a judicial or any other character, now pending in the present Districts.
several Districts in Upper-Canada, shall from henceforth be deemed and taken to all intents and purposes whatsoever, to be pending in the Counties or Unions of Counties, to which they are respectively transferred, as respectively set forth in the Schedule to this Act annexed marked B, as if the same had been originally instituted and proceeded with in such Counties or Unions of Counties respectively, and the different Courts, Officers and other Authorities in which or before whom the same shall be respectively pending, shall take such order respecting the same as may be necessary or expedient for the proper disposition of the same, according to law, without prejudice to the parties interested or affected, or any of them, from the abolition of such Division into Districts, and the establishment of a Division into Counties in lieu thereof,
as herein provided. Recital.
XXXIII. And whereas divers of the inhabitants of each of the two Counties of Haldimand and Welland, the Junior Counties of the United Counties of Lincoln, Haldimand and Welland, have petitioned Parliament to be set apart for judicial and other purposes, and the sense of the said two Counties respectively being in favour of such separation, and their wealth and population being sufficient to entitle them to the same, according to the provisions of this Act, for the dissolution of such Unions, it appears expedient that provision should be at once made for enabling such two Counties, or either of them, to procure such separation so soon as they shall have made the necessary preparations for that
purpose: Be it therefore enacted, That the Townreeves of the different Townreeves in each of the Townships, Unions of Townships, Villages and Towns in each of the said counties of
two Counties of Haldimand and Welland, shall form a Provisional Haldimand and Welland io be a Municipal Council for each of such Counties respectively; And each of Provisional
such Provisional Municipal Councils shall, with respect to their respecCouncil, &c.
tive 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 each of such Provisional Municipal Councils shall and may, 80 soon as they shall think fit so to do, proceed to determine the place in such County for the County Town thereof, and to purchase the necessary property thereat, and to erect the necessary
public buildings upon such property. Provision
XXXIV. And be it enacted. That so soon as the Court House and respecting the Union of the
Gaol of either of such two Counties shall have been erected and comcounties of Lin
pleted at the County Town of such County, according to the provisions coln, Haldimand and Welland.
of the fifteenth section of this Act, and the other provisions of the said fifteenth section shall have been complied with by such County, it shall and may be lawful for the Governor of this Province in Council, to issue a Proclamation dissolving the Union between such County and the United Counties of Lincoln, Haldimand and Welland, or, if one of such Counties shall have been then already separated by Proclamation from such Union, then dissolving the Union between such County and the said County of Lincoln, and from the date of such Proclamation dissolying the Union between either of such Counties and the other two Counties belonging to such Union, the remaining County shall, with the said County of Lincoln, form a Union of Counties until the Union between the other of such Counties and the said County of Lincoln shall in like manner be dissolved, and from the separation of either of such two Counties from the said United Counties of Lincoln, Haldimand and Welland, the said County of Lincoln and the other of such two Counties shall form a Union of Counties under this Act, until the separation of such two last mentioned Counties as herein provided ; 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 the said County of Lincoln and such other County had been set forth as such, in the Schedule to this Act annexed marked A.
XXXV. And be it enacted, That all the public property, both real Property of and personal, of the several Districts in Upper-Canada, shall become
ferred to Counthe property of, and the same is hereby conveyed and transferred to and ties and Unions. vested in the Municipal Corporations of the several Counties and Unions of Counties, to which respectively the judicial and other proceedings pending in such Districts respectively, are transferred by the thirtieth Section of this Act, as set forth in the said Schedule to this Act, annexed marked B.
XXXVI. And be it enacted, That all Acts and parts of Acts and pro- Acts, &c., invisions of Law of what nature or kind soever, in force in that part of this consistent with
this Act Province called Upper Canada, or any part thereof, immediately before repealed. the time this Act shall come into force, which shall be inconsistent with or contradictory to this Act, or any part thereof, or which make any provision in any matter provided for hy this Act, other than such as is hereby made in such matter, shall, so far as the same shall be inconsistent with the provisions of this Act or any of them, be, and the same is hereby so far repealed to all intents and purposes whatsoever.
Who shall be XXXVII. And be it enacted, That Her Majesty's Justices of the Justices of the Peace, and other persons holding Commission or Office, or bearing law- Counties and
Peace in ful authority, in the different Districts in Upper-Canada, from which Unions. judicial and other proceedings are by this Act transferied to the several Counties and Unions of Counties in the same, as set forth in the Schedule to this Act annexed marked B, shall continue to hold, enjoy and exercise the like Commission, Office, Authority, Power and jurisdiction, within the County or Union of Counties respectively, to which such judicial and other proceedings are hereby respectively transferred as in the said Schedule set forth, respectively, to all intents and purposes whatsoever, as if their respective Commissions or other authorities were expressed to be for such County or Union of Counties, instead of for such District respectively.
Act may be XXXVIII. And be it enacted, That this Act may be amended, amended this altered or repealed by any Act to be passed in this present Session of Parliament.
Counties of Upper-Canada united for Judicial and other purposes.
1. Essex and Kent,
Counties and Unions of Counties in Upper-Canada, to which Judicial and
other proceedings of the late Districts are transferred respectively under this Act :
1. Carleton......... .......... those of the Dalhousie District. 2. Essex and Kent.......
Western 3. Frontenac, Lennox and Addington.
Midland 4. Hastings ..............
Victoria 5. Huron ......
Huron 6. Lanark and Renfrew............
Bathurst 7. Leeds and Grenville...
Johnstown 8. Lincoln, Haldimand and Welland.
Niagara 9. Middlesex............
London 10. Norfolk.....
Talbot 11. Northumberland and Durham...
Newcastle 12. Oxford ........
Brock 13. Peterborough.....
Colborne 14. Prescott and Russell...
Ottawa 15. Prince Edward.......
Prince Edward 16. Simcoe....
Simcoe 17. Stormont, Dundas and Glengarry..
Eastern 18. Waterloo .......
Wellington 19. Wentworth and Halton...
Gore 20. York ..
SCHEDUL E C.
Counties in Upper-Canada which henceforth shall, for all purposes, include
and consist of the Townships and places therein mentioned. 1. Haldimand, which shall include and consist of the Townships of Canboro, Cayuga, Dunn, Moulton, Oneida, Rainham, Seneca, Sherbrooke, and Walpole.
2. Halton, which shall include and consist of the Townships of Beverley, Dumfries, Esquesing, East Flamborough, West Flamborough, Nassagaweya, Nelson and Trafalgar.
3. Norfolk, which shall include and consist of ihe Townships of Charlotteville, Honghton, Middleton, Townsend, Woodhouse, Windham, Walsingham and Long Pointe, and Ryerson's Island in Lake Erie.
4. Waterloo, which shall include and consist of the Townships of Arthur, Amaranth, Bentinck, Derby, Eramosa, Egremont, Erin, Guelph, Glenelg, Garrafraxa, Holland, Luther, Mornington, Minto, Maryborough, Melancton, Normanby, Nichol, Peel, Proton, Puslinch, Sydenham, Sullivan, Waterloo, Wilmot, Woolwich and Wellesley.
5. Wentworth, which shall include and consist of the Townships of Ancaster, Brantford, Binbrooke, Barton, Glandford, Onondago, Salifleet and Tuscarora.
ACT 12 VIC., CAP. 79.
An Act to supply certain necessary Legislative provisions not included in certain Acts therein mentioned.
[30th May, 1849.] W HEREAS an Act of the Parliament of this Province was passed Preamble.
VV in this Session of Parliament held in the tenth and eleventh years of Her Majesty's Reign, chaptered thirty-nine, and intituled, An Act to 10 and 11 Vict. divide the Western District of the Province of Canada, and for other pur- c.3 poses therein mentioned, and which Act is referred to and further provision made with respect to the territory to which the same applies by a certain other Act of the Parliament of this Province, passed in the present Session thereof, intituled, An Act for aholishing the Territorial Division of
County SubstiUpper-Canada into Districts, and for providing for temporary Unions of
tution Act of this Counties for Judicial and other purposes, and for the future dissolutions of Session. such Unions, as the increase of wealth and population may require; And whereas by the former of the said Acts provision was made for the erection of a new District, which description of territorial division is by the latter of such Acts abolished; And whereas, while the said last mentioned Act treats the area of territory which by the first mentioned Act was embraced in such new District as containing two separate counties under the names of Kent and Lambton, respectively, the Townships of which such Counties respectively consist are not specifically declared by either of the said Acts, and it is therefore expedient that such omission should be supplied : 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 for the purpose of the
Of what Town. said last mentioned Act, and for all other purposes whatsoever, the said of
ships Kent and County of Kent shall from henceforth include and consist of the Town- Lambton res. ships of Camden, Chatham, East Dover, West Dover, Harwich, Howard, pectively shall
consist. Orford, Raleigh, Romney, East Tilbury, West Tilbury and Zone, and conse that the said County of Lambton shall from henceforth include and consist of the Townships of Brooke, Dawn, Bosanquet, Enniskillen, Euphemia, Moore, Plympton, Sarnia, Sombra, and Warwick; and this provision with respect to the said Counties shall have the like effect to all intents and purposes whatsoever, as if the same had been inserted in either or both of the said Acts of Parliament: Provided always, nevertheless, firstly, that the said County of Lambton shall for the pur- Proviso as to pose of representation in the Legislative Assembly, continue united with representation. the said County of Kent so as together to return one member to the said Legislative Assembly, as the territory of which such Counties consist doth at present; And provided also, secondly, that the said Counties of Proviso as to
the temporary Kent and Lambton and the County of Essex shall form a Union of
Union of Kent, Counties, to be known as the United Counties of Essex, Kent and Essex and Lambton, until such Union shall be dissolved by Proclamation as pro
certain purposes. vided by the said last mentioned Act of Parliament, or otherwise as hereinafter provided, and all the provisions of the said last mentioned Act of Parliament, applicable to Unions of Counties in general, shall be
applicable to such Union to all intents and purposes as if the same had been inserted in the said last mentioned Act of Parliament and the Schedules thereto annexed, under the name of the United Counties of Essex, Kent and Lambton as aforesaid, instead of under that of the
United Counties of Essex and Kent. Parts of Dawn, II. And be it enacted, That as well for the purposes of this Act and Sombra and
the said other Acts of Parliament hereinbefore mentioned and referred Zone detached from the said to, as for all other purposes whatsoever, so much of the said Township Townships.
of Dawn as lies to the south of the south main branch of the River Sydenham, sometimes known as Bear Creek, shall be detached from the said Township of Dawn, and by and under the name of the Gore of Camden, be attached to and henceforth form a part of the said Township of Camden; that so much of the said Township of Sombra as lies to the south of the said south main branch of the said river shall be detached from the said Township of Sombra, and by and under the name of the North Gore of Chatham be attached to and henceforth form a part of the
said Township of Chatham; and that so much of the said Township of New Township Zone as lies to the north of the northerly side line of lots numbers constituted.
fifteen in the several concessions of the said Township of Zone, shall be detached from the said Township, and shall henceforth form a new
Township by and under the name of the Township of Euphemia. Certain provis- III. And be it enacted, That all the provisions of the thirty-third and ions of the ... thirty-fourth sections of ihe said last mentioned Act, making certain County substitution Act ex
de provisions with respect to the United Counties of Lincoln, Haldimand tended to the
and Welland, shall extend and apply to the said United Counties of Union of Kent, Essex and
Essex, Kent and Lambton, and every of them, as if they and each of Lambton. them had been mentioned in such sections and the said Schedules to the
said Act annexed, respectively; and all the provisions in the said last mentioned Act of Parliament providing for a Union of the said Counties of Kent and Lambton, apart from and irrespective of their Union with
Essex, shall be and the same are hereby repealed : Provided always, Proviso as to nevertheless, that all such provisions as by the Act of the Parliament certain provisions of 10 and of this Province, passed in the Session held in the tenth and eleventh 11 Vict., c. 39. 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 Township Councillors of the different Townships of the then County of Kent, shall be possessed by and vested in the Provisional Municipal Council of the said County of Kent as described in this Act; 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 Council of the said County of Kent as described in this Act, 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. Recital.
IV. And whereas from the geographical position of the said County of Lambton it is expedient that provision be inade for its separation from the said Union, without waiting till its population shall be such as is
required by the tenth section of the said Act of this present Session proOn what appli- viding for the dissolution of such Unions : Be it therefore enacted, That cation the Union it shall and may be lawful for the Governor of this Province by an Order between Lamb. ton and the other in Council, upon the Petition of two-thirds or more of the Townreeves Counties may be of the said County of Lambton, to issue a Proclamation under the said dissolved.
tenth section of the said last mentioned Act: Provided always, never
theless, that none of the restrictions in the second proviso to the said Proviso,