filed with the

Secretary within a certain time.

Recital.

Certain Procès

Verbaux confirmed.

Preamble.

Surveyor the period of three years, one year, or six months mentioned in the third section of the said amended Act, shall avail to authorize the admission of such applicant, unless such instrument, if executed before witnesses, or a notarial copy thereof, if it be a notarial instrument, shall have been transmitted to the Secretary of the Board before whom the applicant is to be examined, within two months next after the date thereof if it be executed after the passing of this Act, or before the first day of January now next if it shall have been executed before the passing of this Act; and the said Secretary is hereby required to acknowledge by post the receipt of all such instruments or copies thereof transmitted to him, and carefully to keep the same in his office.

VII. And whereas, owing partly to certain delays which have occurred in the distribution of the Statutes and partly to other causes, many Procès-Verbaux of Survey in Lower Canada have been drawn up in a manner substantially correct, but not in the precise form required by the said Act, and law suits and vexatious proceedings might grow out of the same: For remedy thereof, Be it enacted, That any Procès-Verbal now existing in Lower Canada which shall substantially contain such particulars as be requisite for the full understanding of the Survey or operation to which it relates, and of the doings of the Surveyor, and the intention of the parties interested with regard to the same, shall be held to be authentic and valid, and shall have effect according to the tenor thereof, whatever be the form in which the same may have been drawn up.

may

VIII. And be it enacted That the Standard English Measures of Length importep under the requirements of the Act hereby amended, shall hereafter be deposited with the Secretary of the Board of Examiners at Toronto, and the Standard French Measures of Length imported under the said Act, and the copy of the said Standard English Measures of Length now in the Office of the Commissioner of Crown Lands at Montreal (which copy shall be hereafter used as a standard for the purposes of the said Act) shall be deposited with the Secretary of the Board of Examiners at the City of Quebec, and the said Secretaries respectively, under such instructions as they shall receive from time to time from their respective Boards, shall and may examine, test and stamp Standard Measures of Length for the Surveyors bringing the same for examination, as the Commissioner of Crown Lands may do under the Act aforesaid and with the same effect, and for each measure so examined and stamped such Secretary may demand and receive Two Shillings and Six Pence Currency.

WH

CAP. V.

An Act to make certain alterations in the Territorial Divisions of Upper Canada. [2d August, 1851.] HEREAS it is expedient to make certain alterations in the present Territorial Divisions of Upper Canada, for Judicial, Municipal and other purposes: 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 Upper Canada divid- Government of Canada, and it is hereby enacted by the authority of the same, That from and after the time when this Act shall come into force, Upper Canada shall be divided into the Counties mentioned in the Schedule to this Act marked A, which Counties shall respectively include and consist of the several Townships mentioned in the said Schedule as forming such County, and the Cities, Towns and Villages and the Liberties of the said several Cities therein: Provided always, that for municipal purposes, the Cities of Toronto, Hamilton and Kingston and the Liberties thereof shall not form part of the Counties of York, Wentworth and Frontenac within the limits whereof they are situate, but shall be Counties by themselves; and that for the

ed into Counties as for Schedule A.

purpose

purpose of representation in the Provincial Parliament, neither the said Cities nor the Liberties thereof, nor the Towns of London, Niagara, Brockville, Bytown or Cornwall respectively, shall form part of the Counties of York, Wentworth, Frontenac, Middlesex, Lincoln, Leeds, Carleton and Stormont within the limits whereof they are situate.

and

II. And be it enacted, That the Counties mentioned in the Schedule to this Act Counties in Schedule marked B, shall, for all Judicial and Municipal purposes, and for all other purposes B, united for certain whatsoevor, except for purposes of representation in the Provincial Parliament, be purposes, formed into Unions, as in the said Schedule set forth; and each of such Unions, under the name of "The United Counties of " (naming them,) shall for all such purposes, (except as before excepted) have in common between them all such courts, offices and institutions, as by the fifth section of the Act passed in the twelfth year of Her Majesty's Reign, intituled, An Act for abolishing the Territorial Division of Upper Canada into Districts, and for providing for temporary Unions of Counties, for judicial and other purposes, and for the future dissolutions of such Unions, as the increase of wealth and population may require, are to be had in common by Counties united under the said Act: Provided always, that any County which now has or any two or more Counties which now have between them a Registry Office for the Registration of Titles, shall continue to have the same, as before the passing of this Act, save and except that each County which is now entitled to a Representative in Parliament shall also have a separate Registry Office for the registration of titles ; and Registers shall be appointed accordingly.

HI. And be it enacted, That all the provisions contained in the ninth, tenth, eleventh, twelfth, thirteenth, fourteenth, fifteenth, sixteenth, seventeenth, eighteenth, nineteenth, twentieth, twenty-first, twenty-second, twenty-third, thirty-fifth and thirty-seventh sections of the said last recited Act, (by which sections provision is made for and with respect to the dissolution of the unions of Counties, and matters connected therewith), shall, in so far as may be consistent with the other provisions of this Act, apply to the unions of Counties formed under this Act, as fully as to those authorized by the Act above recited.

IV. And be it enacted, That at any time after the first day of February next, it shall be lawful for the Governor of this Province, by an Order in Council, to issue a Proclamation under the Great Seal of the Province, with reference to any of the Counties of Elgin, Waterloo, Ontario, Brant, Grey, Lambton or Welland, naming a place within such County for a County Town, and erecting the Town Reeves and Deputy Town Reeves of such County then elected or thereafter to be elected for the same, into a provisional Municipal Council for such County, and declaring such Municipal Council a provisional Municipal Council under the authority of the Act last above cited, until the dissolution of the union of such County with the other County or Counties to which it is by this Act united; and each and every such provisional Municipal Council, shall, with regard to the County for which it shall be erected by such Proclamation, have, possess, exercise and perform all and singular the rights, powers, privileges and duties conferred, granted or imposed upon provisional Municipal Councils erected by Proclamation under the said recited Act, which shall apply to it in the same manner as to any provisional Municipal Council erected under the said Act and the first meeting of such Provisional Municipal Council shall be held at the County Town appointed by such Proclamation, and at such time as shall be thereby appointed, but if not held at such time, then at any time on which a majority of the members thereof shall agree.

Certain provisions of 12 Vict. c. 78, to united under this Act,

apply to Counties

Proclamation may
issue erecting
tain Counties into a
provisional Municipal
Council.

Town Reeves of cer

for.

V. And be it enacted, That so soon as the Court House and Gaol in any one of the Dissolution of unions said Counties shall have been erected and completed at the County Town of such of Counties provided County according to the provisions of the fifteenth section of the Act last above cited, 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 in Council to issue a proclamation dissolving the union between such County and the County or Counties with

231 *

Recital.

To what County

property shall belong, &c. when a tract is detached from a County under this Act.

As to debts due by any County from which a tract is detached.

Proviso in case of non-agreement.

with which it is united according to the Schedule B of this Act; and if it be so united with more than one County, then the remaining Counties shall form a union of Counties under this Act until they be separated in the manner by the said Act provided; and all provisions of the said Act or of this Act applicable to unions of Counties in general shall be applicable to such union, to all intents and purposes, as if such remaining Counties had been set forth as such in the said Schedule B of this Act.

VI. And whereas in some cases Townships or other tracts of land or localities will, when this Act comes into effect, be detached from the County to which they now respectively belong, and attached to another, and it is necessary to make provision for such cases: Be it therefore enacted, That (except in those cases with regard to which it is otherwise provided by this Act) the Court House and the land thereunto attached, with all the appurtenances and dependencies thereof, and all the personal property of the County from which any Township or other tract shall be detached under this Act, and all taxes due in such County before this Act shall come into effect, and all other moneys due to such County, shall, after this Act shall come into effect, be the property of the County in which such Court House shall be situate, which, notwithstanding any change of its limits or name, shall be held to be the same County and the same Municipal Corporation with that of which such Court House was the County Court House before this Act came into effect, and shall be entitled to claim and recover and enforce all debts, effects and obligations belonging to or contracted in favor of such last mentioned County, and shall be liable for all debts or obligations due from or contracted by the same, and all By-laws of the same shall remain in force in such County as limited by this Act until repealed or altered by competent authority; and no suit, action or proceeding shall abate or be discontinued in consequence of such change of limits or of name, but may be continued and completed by or against such County, with its new limits and by its new name, as effectively as if such limits or name had not been changed: Provided always, that any County or Union of Counties under this Act, shall, after this Act shall come into force, be held to be the same Municipality and the same Corporation with the County or Union of Counties which, before the coming into force of this Act, had the same Court House, notwithstanding any change of limits or of name affected by this Act, and notwithstanding that it may after the coming into force of this Act be a Union of several Counties instead of being a single County as theretofore.

VII. Provided always, and be it enacted, That the County from which any Township, tract of land or locality shall be detached under this Act, shall, with reference to any County of which such Township, tract or locality is thereafter to form a part, be known as the "Elder County," and the County of which such Township, tract or locality so detached is thereafter to form a part, shall, with reference to such Elder County be known as "the Younger County;" and if a County be divided into two or more Counties, then that in which the present Court House is situate shall be the Elder County; and it shall be lawful for such Elder and Younger Counties, "or the Unions of which they respectively form part," to enter into an agreement for the adjustment and settlement of the proportion (if any) of any debt due by such Elder County, "or the union of which it forms part," which it may be just that such Younger County, "or union of Counties," should take upon itself, "in respect of such accession of Territory," with the time or times of payment thereof; and every such agreement shall both in law and equity be binding upon such Elder and Younger Counties, "or unions of Counties respectively:" Provided also, that if the said Counties, "or unions of Counties," shall not enter into such agreement, the proportion of such debt (if any) to be assumed by such Younger County, "or Union of Counties, shall be settled by arbitration in like manner as similar questions arising between a Senior and Junior County are directed to be settled in default of agreement, by the fifteenth section of the Act above cited; and the portion (if any) of such debt so agreed upon or settled, shall be a debt due by the Younger "County or union of Counties," to the Elder County "or union of Counties," and shall bear legal interest from the day

this Act shall come into effect, and its payment shall be provided for by the Municipal Council of such Younger County "or union of Counties," 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 it may be sued for and recovered as any of such other debts.

VIII. Provided always, and be it enacted, That the Townships of Waterloo, Wilmot, Wellesly, and that portion of the present Township of Woolwich not included in the new Township of Pilkington, shall be responsible for their share of the debt incurred or to be incurred for the construction of the Guelph and Dundas Road, in proportion to their respective assessments for the year of Our Lord one thousand eight hundred and forty-eight, relatively to the corresponding assessments of the other portions of the late District of Wellington, for that year, and shall have a lien on the road for the amount of any payments they may be called on to make in consequence of such liability, but any questions affecting the other debts of the said late District of Wellington, or the present County of Waterloo, or the new County of Wellington, shall be settled in the manner provided by this Act and the said last recited Act, in relation to similar cases.

IX. And be it declared and enacted, That all the provisions and enactments of the Act passed in the twelfth year of Her Majesty's Reign, and 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, and of the Act amending the same, passed in the Session held in the thirteenth and fourteenth years of Her Majesty's Reign and chaptered sixty-four, shall, in so far as they may not be inconsistent with this Act, apply to the Counties and Townships constituted by this Act.

Inconsistent

X. And be it enacted, That so much of the Schedules annexed to the Act herein first cited, or of any other part thereof, or of the Act passed in the eighth year of Her enactments repealed. Majesty's Reign, and intituled, An Act for better defining the limits of the Counties 8 Vict. c. 7. and Districts in Upper Canada, for erecting certain new Townships, for detaching Townships from some Counties and attaching them to others, and for other purposes relative to the division of Upper Canada into Townships, Counties and Districts, or of the Schedules to the said Act, or of any other Act or Law, as shall be inconsistent with this Act, or as makes any provision in any matter provided for by this Act other than such as is hereby made in such matter, shall be and is hereby repealed.

XI. And be it enacted

That the limits of all the Townships lying on the River St. Lawrence, Lake Ontario, the River Niagara, Lake Erie, the River Detroit, Lake St. Clair, the River St. Clair, or Lake Huron, shall extend to the boundary of the Province in such lake or river, in prolongation of the outlines of each Township respectively; and such Townships shall also include all the Islands not herein otherwise provided for, the whole or the greater part of which shall be comprised within the said outlines so prolonged :

As to limits of

Townships on certain

Lakes and Rivers.

That the limits of the Townships lying on the River Ottawa shall in like manner In Counties on the extend to the middle of the main channel thereof, but such Townships shall also include Ottawa. all the Islands not herein otherwise provided for, the whole or the greater part of which shall be comprised within the said outlines so prolonged; excepting always the Islands in front of the Seigniory of La Petite Nation and the Grand Calumet and Grand and Little Allumettes Islands, which belong to Lower Canada, the middle of the main channel between the last named Islands, and the southerly bank of the Ottawa River, being the boundary between Upper and Lower Canada :

That the limits of the Townships in the County of Glengarry shall in like manner In the County of extend to the middle of Lake St. Francis, and to the middle of the main channel of the Glengarry. River St. Lawrence, but shall also include all the Islands not herein otherwise provided for, the whole or the greater part of which shall be comprised within the outlines of the said Townships so prolonged :

And

On the Bay of
Quinté, &c.

Exceptions.

As to suits pending when this Act shall commence.

Representation.

New Townships.

Proviso as to debts, property, &c,

Tracts detached from
Townships.

And that the limits of the Townships on the Bay of Quinté, the River Trent and its Lakes, Lake Simcoe, the River Severn, the River Rideau and its Lakes, the River Thames, the Grand River, and any other rivers, lakes and bays not herein before mentioned, shall in like manner extend to the middle of the said lakes and bays, and to the middle of the main channels of the said rivers respectively, but shall also include all the Islands not herein otherwise provided for, the whole or the greater part of which shall be comprised within the outlines of the said Townships so prolonged:

Excepting always any Islands or parts of Islands which are Townships by themselves, or which have been expressly included in other Townships in the original surveys and plans thereof, remaining of record in the office of the Commissioner of Crown Lands, and which shall remain part of such Townships.

XII. And be it enacted, That notwithstanding any change made by this Act in the limits of any County or union of Counties or Township, all indictments, suits, actions and proceedings pending in any Court at the time this Act shall come into effect, may nevertheless be continued to trial and judgment in such Court, and such judgment may be executed, as if this Act had not been passed, although the local jurisdiction of such Court may be changed as to other matters.

XIII. And be it enacted, That for the purpose of representation in the Provincial Parliament, the Counties mentioned in the Schedule to this Act marked C, shall respectively be united under the names therein assigned, and each such Union shall be represented by one member, and every other County in Upper Canada, except the County of York, by one Member; and that the said County of York shall be represented by two Members; but the seat of any Member elected before the commencement of this Act, shall not be affected by its coming into force.

XIV. And be it enacted, That the several tracts of land mentioned in the Schedule to this Act marked D, shall respectively form new Townships by the names assigned to them respectively in the said Schedule: Provided always, that in all cases where any portion of a Township is detached therefrom by this Act, the remainder shall thereafter form a Township by the name which the whole Township bore, unless it be otherwise provided, and shall by that name hold all the property and rights, and be liable for all the debts and claims upon such Township as theretofore limited; and when any Township is by this Act divided into two or more Townships, that portion thereof in which the Municipal Council thereof held its sittings immediately before this Act came into force shall be deemed the elder Township, and shall hold all property of and all taxes and other debts due to the former Township, and be liable for all debts and liabilities of the same, and notwithstanding its change of name or limits, shall be held to be the same Corporation with such former Township, and the other new Township shall be deemed the younger Township; and it shall be lawful for such elder and younger Townships to agree together as to the share which such younger Township ought to have or bear of or in the property or liabilities of the former Township, and if they cannot agree, then it shall be settled by arbitration in the same manner as like questions arising between an elder and a younger County, and the agreement or award shall have a like effect; and where two Townships shall be united by this Act, the property and liabilities of each of them shall become the property and liabilities of the new Township, which shall be deemed to be one and the same Corporation with each of them, notwithstanding the change of limits or name; and at the first election of Councillors in any "such" new Township, the "Warden of the County in which such new Township shall be situate, shall appoint a fit and proper person to be the Returning Officer, and shall appoint the place of election and the time and place of the first meeting of the Town Council.

XV. And be it enacted, That the portions of Townships mentioned in the Schedule to this Act marked E, shall be detached from the Townships of which they have hitherto formed part, and shall form part of the Townships to which they are respectively mentioned in the said Schedule as being attached.