2. The Returning] Officers to take such votes for the res- Notice to pective Municipalities shall, within ten days thereafter, return Reeves and their Poll Books, verified under oath, to the Clerk of the County of Victoria, deputy Reeves Council, who shall publish and declare the result of the same and formation for the information of all concerned; and if it shall appear that of Provisional a majority of all the ratepayers voting at the said polling, have Council, if the majority vote recorded their votes in favor of the said dissolution, then it for separation. shall be the duty of the Warden or Clerk of the United Counties of Peterborough and Victoria, at any time within twenty days next after the receipt by him of a notice of declaration of such poll, to issue a notice to the Reeves and Deputy Reeves of the said County of Victoria, requiring them to meet at the Town of Lindsay, on some day to be named by him in the said notice, a publication of which he shall cause to be made in some newspaper printed in the said County of Victoria, and send a copy of such notice, by mail or otherwise, to each of the said Reeves and Deputy Reeves, at least ten days before the day for holding such meeting,---and if such meeting should not take place on the day named in such notice, then, on such other day within twenty days afterwards as shall be then. named by the said Warden or Clerk, and the like notice published and given, as aforesaid, -to form themselves into a Powers, &c., Provisional Municipal Council, for the purpose of taking such of such Prosteps as they may deem necessary, towards providing County visional CounBuildings for the said County of Victoria, which said Council shall, with respect to the said County, have, possess, and exercise all and singular, the rights, powers, privileges and duties conferred, granted or imposed by the Act respecting the Municipal Institutions of Upper Canada, upon Provisional Municipal Councils erected by proclamation, under the authority of the said Act, and also all the powers which may be conferred on Provisional Municipal Councils generally, by any other Act or law in force in Upper Canada; and such Pro- Lindsay to be visional Council shall and may purchase or otherwise procure the County the necessary property at the Town of Lindsay, which is hereby declared to be the County Town of the said County of Victoria, and proceed to erect the necessary public buildings on such property; and all the provisions of the Act last above cited, shall apply to the said Provisional Council and to the said County of Victoria. cil. Town. 3. All subsequent meetings of the said Provisional Munici- Subsequent pal Council shall be held in the said Town of Lindsay. meetings. 4. The Warden or Clerk of the United Counties of Peter- Who shall borough and Victoria, shall preside at the first meeting of the preside. said Provisional Municipal Council, and call the Council to order, and the said Council shall forthwith proceed to elect from among themselves a Provisional Warden for the said County of Victoria. Warden. 5. So soon as the said Provisional Municipal Council shall Proclamation have provided the necessary public buildings at the said Town separating the of Counties. say. of Lindsay, to the satisfaction of the Governor in Council, and shall have provided for the liquidation of any debt which may have been contracted by the said United Counties of Peterborough and Victoria, the Governor shall have authority to appoint the necessary officers, and to issue a proclamation declaring the union of the said Counties to be dissolved. Special provi6. From the time of the passing of this Act it shall not be sion as to lawful for the Town of Lindsay to withdraw from the juris Town of Lind- diction of the County Council of the County of Victoria, under the provisions of the Consolidated Municipal Acts, until the debt which may be incurred by the said County of Victoria, in erecting the necessary County Buildings, shall be paid off and discharged, unless the County Council shail, by By-law, sanction and approve of such withdrawal before the time referred to. Inconsistent enactments repealed. Public Act. 7. Any thing in the first recited Act, contrary to the provisions of this Act, shall be, and is hereby repealed. 8. This Act shall be deemed a Public Act. CAP. LI. Preamble. Provisional stituted for Renfrew. An Act to provide for the separation of the County of W [Assented to 18th May, 1861.] HEREAS the Municipal Council of the United Counties of Lanark and Renfrew have, by their petition, set forth, that the inhabitants of the County of Renfrew, by reason of their remoteness from Perth, the County Town of the said United Counties, are subjected to great inconvenience and expense in the transaction of their municipal and judicial affairs, and have prayed that the County of Renfrew may be separated from the County of Lanark for municipal, judicial and other purposes; And whereas the population, wealth and extent of the said County of Renfrew are sufficient to warrant its separation from the County of Lanark, and it is expedient to grant the prayer of the said petition: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: 1. From and after the passing of this Act, the Reeves and Council con- Deputy Reeves of the several Townships and other Municipa lities in the County of Renfrew, shall form a Provisional Municipal Council for the said County, and shall, with respect to the said County, have, possess and exercise all and singular the rights, powers, privileges and duties conferred, granted or imposed by the Laws of this Province upon Provisional Municipal Councils constituted by Proclamation, under the authority of chapter to this Act. chapter fifty-four of the Consolidated Statutes for Upper Canada; and the Governor in Council shall issue a Proclamation Proclamations appointing a time and place for the first meeting of the said may issue for Provisional Council, and therein name one of its Members to giving effect preside at the meeting; and such other Proclamations as may be necessary for conferring or giving effect to such rights, powers, privileges and duties as aforesaid, may be issued by the Governor in Council in the same manner as such Proclamations might be issued if the Reeves and Deputy Reeves therein assembled had become a Provisional Municipal Council in pursuance of or under the thirty-ninth section of An Act respecting the Municipal Institutions of Upper Canada. 2. In any proclamation to be so issued, or in any other Pro- Governor in clamation, the Governor in Council may appoint such place, Council to name County in the said County of Renfrew, as the Governor in Council may Town. select, to be the County Town of the said County of Renfrew. 3. This Act shall be deemed to be a Public Act. CAP. LII. An Act to remove doubts as to the validity of By-law numbered fifty-seven of the Corporation of the County of Grey, and of certain Debentures there under. [Assented to 18th May, 1861.] WHEREAS it is represented, by Petition of Alexander Manning, of the City of Toronto, Esquire, that the Corporation of the County of Grey did, in the year one thousand eight hundred and fifty-nine, pass a By-law to raise the sum of fifty thousand pounds, for gravelling or otherwise improving certain roads within that County; that subsequently thereto, the contract for the grading and gravelling of the said roads, under the said By-law, was given by the Corporation of the County of Grey, to the firm of Wright, Macdonald and Manning, of which the-petitioner is the representative; that during the progress of the contract, and up to the present time, the petitioner and his firm have received certain of the Debentures issued under the said By-law, and that the petitioner has disposed of the amount of twenty thousand pounds worth of the said Debentures; that, upon endeavouring to dispose of such as now remain in the petitioner's hands, and which are his property, as having been handed to him on account of his contract, and the performance thereof, and the outlay in respect thereof, the petitioner is advised that it is doubtful whether the By-law and Debentures are good and valid, and binding on the County of Grey, inasmuch as it has been alleged that the precise formalities as to promulgation of the By-law after submission to the rate-payers, and the addition of the aggregate number Public Act. Preamble. By-law No. number of votes, were not strictly complied with; that the petitioner, by himself and his firm, performed the contract in the belief that no informality existed in the By-law or Debentures thereunder, and that upon receipt of a portion of the Debentures, he sold them to, and the same are now held by actual bona fide purchasers; and the petitioner therefore prays that an Act may be passed to remove doubts as to the validity of the said By-law and the Debentures thereunder; And whereas it is desirable to extend the relief prayed for by the petitioners: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: 1. The By-law number fifty-seven of the Corporation of the 57, confirmed. County of Grey, to enable the Corporation of the said County to raise the sum of fifty thousand pounds, for gravelling or otherwise improving certain roads within the County, and the Debentures issued thereunder, shall be and are hereby declared to be valid to and for all intents and soever. purposes what Public Act. 2. This Act shall be deemed a Public Act. CAP. LIII. Preamble. Separate sittings of certain Courts for An Act to provide for the separation of the City of Toronto from the United Counties of York and Peel, for certain judicial purposes. [Assented to 18th May, 1861.] THEREAS it is expedient to provide for the separation, for certain judicial purposes, of the City of Toronto from the United Counties of York and Peel: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: 1. Upon and from the first day of July after the passing of this Act, there shall be separate sittings for the United Counties the City after of York and Peel, and for the City of Toronto, of the Courts of 1st July, 1861. Assize and Nisi Prius, Oyer and Terminer, and General Gaol Delivery, and of the County Court and Court of Quarter Sessions, and of every other Court for the trial of causes by a Jury. Plaintiff, &c., may elect Venue. 2. The Venue in all actions, suits, bills, indictments, and in all other proceedings whatever, brought or instituted on and after the said first day of July next, shall be laid in the United Counties of York and Peel, or in the City of Toronto, as the Plaintiff or Prosecutor may elect. 3. The Venue in all actions, suits, bills, indictments, and in Venue in suits all other proceedings, brought or instituted before the said first prior to 1st day of July, and then pending, shall be laid either in the July, 1861. United Counties or in the City, as the Plaintiff or Prosecutor shall elect, and the same shall be entered in the margin of the Declaration, Record, Bill, Indictment, or other proceeding first taken after the first day of July, and such entry shall be deemed an election of the Venue under this section. 4. The Venue may be changed from the City to the United Changing Counties, or from the United Counties to the City, by any Venue. Judge of any of the said Courts, in like manner as in other cases. 5. The Jurors shall be selected and summoned for the Selection and United Counties and for the City respectively, as for different summoning of Counties. jurors. 6. The sittings of the County Court in and for the City of Sittings of Toronto shall be held at the same time as they are held for the County Court United Counties, or at such other convenient time as the said in the City Court may, during the previous term, or by general rule, direct. and Counties. 7. The said other Courts may sit and be held respectively And of other in and for the said United Counties and the City, either at the Courts. same time or at different times, as the Superior Courts shall order. 8. The City of Toronto shall be deemed a County for all City to be a matters and purposes in this Act mentioned, connected with County. the administration of justice. 9. The judicial and executive functionaries and all other Judicial and officers connected with the administration of justice in the executive City, shall be the judicial and executive functionaries and offi- Functionaries. cers discharging the like offices and duties in the United Coun ties. 10. All judicial and executive Officers acting and appointed Style of suck both for the City and the United Counties, shall be styled, and Officers. shall continue to be as hitherto, Officers of the United Counties of York and Peel; and the Sheriff of the said United Counties Sheriffs. or, in the event of any separation of the United Counties of York and Peel, then the Sheriff of the County of York shall be Sheriff of the City of Toronto, being such County as aforesaid, and as such Sheriff, shall have and exercise in the said City in respect of the same and of the Gaol therein and in all other respects, such and the same rights, powers and privileges as appertain to and are exercised by the Sheriff of the said United Counties. |