over new Mu- Town may be withdrawn from jurisdiction of County by By-law on certain conditions. Amount to be paid by Town towards expenses of ad ministration of justice to be settled. Matters to be considered in settling the same. Copy of agree to the Gover place or Municipality immediately before such erection, shall, until the Council for the newly erected Corporation be organized, continue to have the same powers as before; and all other Officers and Servants of the place or Municipality shall, until dismissed, or until successors be appointed, continue in their respective offices, with the same powers, duties and liabilities as before. WITHDRAWAL OF TOWNS FROM THE JURISDICTION 26. The Council of any Town may pass a By-law to withdraw the Town from the jurisdiction of the Council of the County within which the town is situated, upon obtaining the assent of the electors of the Town to the By-law in manner provided by this Act, subject to the following provisions and conditions: 1. After the final passing of the By-law, the amount which the Town is to pay to the County for the expenses of the administration of Justice, the use of the Gaol, and the erection and repairs of the registry office and for providing books for the same, as well as for the then existing debt of the County, if not mutually agreed upon, shall be ascertained by arbitration under this Act; and the agreement or award shall distinguish the amounts to be annually paid for the said expenses, and for the then debt of the County, and the number of years the payments for the debt are to continue; 2. In adjusting their award, the arbitrators shall, among other things, take into consideration the amount previously paid by the Town, or which the Town may be then liable to pay, for the construction of roads or bridges by the County, without the limits of the town; and also what the County may have paid, or be liable to pay, for the construction of roads or bridges within the Town; and they shall also ascertain and allow to the Town the value of its interest in all County property except roads and bridges within the Town; 3. When the agreement or award has been made, a copy of ment to be sent the same and of the By-law, duly verified by affidavit, shall be transmitted to the Governor, who shall thereupon issue his proclamation withdrawing the Town from the jurisdiction of the Council of the County; nor. Proclamation. Effect of such 4. After the proclamation has been issued, the offices of Reeve Proclamation. and Deputy Reeve or Deputy Reeves of the Town shall cease; and no By-law of the Council of the County shall have any force in the Town, except so far as relates to the care of the Court House and Gaol, and other County property in the Town; and the Town shall not thereafter be liable to the County for, or be obliged to pay to the County or into the County Treasury, Treasury, any money for County debts or other purposes, except such sums as may be agreed upon or awarded as aforesaid; years. 5. After the lapse of five years from the time of the agree- New agreement or award, or such shorter time as may be stated in the ment after five agreement or award, a new agreement or a new award may be made, to ascertain the amount to be paid by the Town to the County for the expenses of the administration of Justice; 6. After the withdrawal of a Town from the County, all pro- Property after perty theretofore owned by the County, except Roads and withdrawal. Bridges within the Town, shall remain the property of the County. TOWNSHIPS. ERECTION OF NEW TOWNSHIPS. the limits of be attached 27. In case a Township be laid out by the Crown in terri- New Towntory forming no part of an Incorporated County, the Governor ship beyond may by proclamation erect the Township, or two or more of Incorporated such Townships lying adjacent to one another, into an Incorpo- Counties may rated Township or Union of Townships, and annex the same to to a County by any adjacent Incorporated County; and the proclamation shall proclamation. appoint the Returning Officer who is to hold, and the place for holding, the first Election in the Township or Union of Townships. SEPARATION OF UNITED TOWNSHIPS. Junior Town 100 freeholders, 28. When a Junior Township of an incorporated Union of townships has one hundred resident freeholders and house- ship containing holders on the assessment-roll as last finally revised and passed, &c., to become such Township shall, upon the first day of January then next a separate Muthereafter, become separated from the Union. nicipality. separated, and 29. In case a Junior Township has at least fifty but less In what case than one hundred resident freeholders and householders on the Junior Townlast revised assessment-roll, and two thirds of the resident ship containing less than 100, freeholders and householders of the Township, petition the but exceeding Council of the County to separate the Township from the 50, may be Union to which it belongs; and in case the Council consi- how. ders the Township to be so situated, with reference to streams or other natural obstructions, that its inhabitants cannot conveniently be united with the inhabitants of an adjoining Township for Municipal purposes, the Council may, by By-law, separate the same from the Union; and the By-law shall name the Returning Officer who is to hold, and the place for holding the first Election under the same. ANNEXATION ANNEXATION OF GORES. The Governor may annex cent Town 30. The Governor may, by Proclamation, annex to any Gores to adja- Township, or partly to each of more Townships than one, any Gore or small tract of land lying adjacent thereto and not forming part of any Township, and such Gore or tract shall thenceforward for all purposes form part of the Township to which it is annexed. ships. New Town ships, &c., mits of Incor porated Counties, to be unit ANNEXATION OF NEW TOWNSHIPS. 31. In case a Township be laid out by the Crown in an within the li- incorporated County or Union of Counties; or in case there is any Township therein not incorporated and not belonging to an Incorporated Union of Townships,-the Council of the ed to adjacent County or United Counties shall, by By-law, unite such Township for Municipal purposes, to some adjacent Incorporated Township or Union of Townships in the same County, or Union of Counties. Townships, and how. Townships not incorporated or united may be formed into unions, and how. Townships in 32. In case of there being at any time in an Incorporated County or Union of Counties two or more adjacent Townships not incorporated and not belonging to an Incorporated Union of Townships; and in case such adjacent Townships have together not less than one hundred resident freeholders and householders within the same,-the Council of the County or Union of Counties may, by By-law, form such Townships into an independent Union of Townships. 33. In case the united Townships are in different Counties, different Coun- the By-law shall cease to be in force whenever the union of ties. the Counties is dissolved. Seniority of Townships, how regulated. SENIORITY OF TOWNSHIPS. 34. Every Proclamation or By-law forming a Union of Townships shall designate the order of seniority of the Townships so united, and the Townships of the Union shall be classed in the By-law according to the relative number of freeholders and householders on the last revised assessment roll. COUNTIES. New Counties Proclamation NEW COUNTIES. 35. The Governor may, by Proclamation, form into a new how formed by County, any new Townships not within the limits of an and annexed or Incorporated County, and may include in the new County united. one or more unincorporated Townships or other adjacent unorganized Territory, (defining the limits thereof) not being within an Incorporated County, and may annex the new County County to any adjacent Incorporated County; or in case there is no adjacent Incorporated County, or in case the Governor in Council considers the new County, or any number of such new Counties lying adjacent to one another and not belonging to an Incorporated Union, so situated that the Inhabitants cannot conveniently be united with the inhabitants of an adjoining Incorporated County for Municipal purposes, the Governor may, by the Proclamation, erect the new County, or new adjacent Counties, into an independent County or Union of Counties for the said purposes, and the Proclamation shall name the new County or Counties. SENIORITY OF. 36. In every Union of Counties, the County in which the Seniority of County Court House and Gaol are situate, shall be the Senior United CounCounty, and the other County or Counties of the Union shall be late. the Junior County or Counties thereof. LAWS APPLICABLE TO ties how regu 37. During the Union of Counties, all Laws applicable to Laws appliCounties (except as to representation in Parliament and Regis- cable to union ration of Titles) shall apply to the Union as if the same formed but one County. VENUE IN. of Counties. 38. In the case of United Counties, the Venue in any Venue how Judicial proceedings shall be laid in the proper County of the laid in unions Union (naming it) and describing it as one of the United Coun- of Counties. ties of and in such case the Jury for the trial of any issue, Civil or Criminal, or the assessment of any damages, shall be summoned from the body of the United Counties. ERECTION OF PROVISIONAL CORPORATIONS AND PRESIDING MEMBER-FIRST MEETING-COUNTY TOWN. mation ap pointing place 39. When the Census Returns taken under an Act of Provisional seParliament, or under the authority of a By-law of the Council of paration of United Counany United Counties, show that the Junior County of the Union ties contains seventeen thousand inhabitants, or more, then, if a majority of the Reeves and Deputy Reeves of such County of meeting and do, in the month of February pass a resolution affirming the presiding offiexpediency of the County being separated from the Union; and if in the month of February in the following year, a majority of the Reeves and Deputy Reeves transmit to the Governor in Council a petition for the separation, and if the Governor deems the circumstances of the Junior County such as to call for a separate establishment of Courts and other County institutions, he cer. And County Who to preside till Provisional Warden cho sen. Appointment of His Term of office; And of Treasurer, &c. he may, by Proclamation setting forth those facts, constitute the Reeves and Deputy Reeves for the County a Provisional Council, and in the Proclamation appoint a time and place for the first meeting of the Council, and therein name one of its Members to preside at the meeting, and also, therein determine the place for and the name of the County Town. 40. The Member so appointed shall preside in the Council until a Provisional Warden has been elected by the Council from among the members thereof. PROVISIONAL OFFICERS. 41. Every Provisional Council shall from time to time appoint a Provisional Warden, a Provisional Treasurer, and such other Provisional Officers for the County as the Council deems necessary. 42. The Provisional Warden shall hold office for the Municipal year for which he is elected. 43. The Treasurer and other Officers so appointed shall hold Office until removed by the Council. Provisional Councils may acquire lands for Gaols and Court Houses. Powers of Pro cil not to inter PURCHASE OF PROPERTY. 44. Every Provisional Council may acquire the necessary property at the County Town of the Junior County on which to erect a Court House and Gaol, and may erect a Court House and Gaol thereon, adapted to the wants of the County and in conformity with any statutory or other rules and regulations respecting such buildings, and may pass By-laws for such purposes. POWERS OF THE UNION NOT TO BE INTERFERED WITH. 45. The powers of a Provisional Council shall not intervisional Coun- fere with the powers of the Council of the Union, and any fere with pow- money raised by the Provisional Council in the Junior County shall be independent of the money raised therein by the Council of the Union. ers of the union. Agreement as to debts upon dissolution. DEBTS AND ASSETS OF THE UNION. 46. After a Provisional Council has procured the neces sary property and erected thereon the proper buildings for a Court House and Gaol, the Council may enter into an agreement with the Senior or remaining County or Counties for payment to such County or Counties of any part of the debts of the Union as may be just, and for determining the amount to be so paid and the times of payment. |