of an adjoining incorporated county for municipal purposes, 46 V. 36. In every union of counties, the county in which the Seniority of united councounty court house and gaol are situate shall be the senior ties, how regucounty, and the other county or counties of the union shall lated. be the junior county or counties thereof. 46 V. c. 18, s. 36. of counties. 37. During the union of counties, all laws applicable to Laws applicounties (except as to representation in Parliament or the cable to union Legislative Assembly, and registration of titles) shall apply to the union as if the same formed but one county. 46 V. c. 18, s. 37. DIVISION V.-PROVISIONAL COUNTY CORPORATIONS. Provisional Corporations, formed by separation of Junior Provisional officers. Secs. 39, 40. Property may be acquired on which to erect Gaol and Court Powers of Provisional Council not to interfere with united Arrangement of joint assets and liabilities. Secs. 43-45. Separation, when complete. Secs. 47, 48. Effect of separation on judicial proceedings. Secs. 49-52. ties. 38. Where the census returns, taken under a statute, or Separation of under the authority of a by-law of the council of any united united councounties, shew that the junior county of the union contains 17,000 inhabitants or more, then if a majority of the reeves and deputy-reeves of such county do, in the month of February, pass a resolution affirming the expediency 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 Lieutenant-Governor in council à petition for the separation, and if the Lieutenant-Govnor deems the circumstances of the junior county such as to call for a separate establishment of Courts and other county Appointment institutions, he may, by proclamation setting forth those facts, by proclamaconstitute the reeves and deputy-reeves in that county a tion of proviprovisional council, and in the proclamation appoint a time in junior and place for the first meeting of the council, and therein name county. one of its members to preside at the meeting, and also therein First meeting determine the place for and the name of the county town. County town. 46 V. c. 18. s. 38. sional council thereof. Who to preside. Appointment warden and 39. The member so appointed shall preside in the council until a provisional warden has been elected by the council from among the members thereof. 46 V. c. 18, s. 39. 40. Every provisional council shall from time to time, by of provisional by-law, appoint a provisional warden, a provisional treasurer, other officers. and such other provisional officers for the county as the council deems necessary. The provisional warden shall hold office for the municipal year for which he is elected, and the treasurer and other officers so appointed shall hold office until removed by the council. 46 V. c. 18, s. 40. Terms of office. Provisional council may acquire land, and erect thereon gaol and court house. Respective visional coun 41. 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. 46 V. c. 18, s. 41. 42. The powers of a provisional council shall not interfere powers of pro- with the powers of the council of the union, and any money cil and council raised by the provisional council in the junior county shall be independent of the money raised therein by the council of the union. 46 V. c. 18, s. 42. of union. Agreement upon dissoluliabilities and joint assets. to assume 43. After a provisional council has procured the necessary property, and erected thereon the proper buildings for a court house and gaol, such council, and the council of the senior or remaining counties, may enter into an agreement for the settlement of their joint liabilities and the disposition of their joint assets (other than real estate), and for determining the Senior county balance or amount that may be due by the one county to the debts of union. other, and the times of payment thereof; and in determining the balance the senior or remaining counties shall assume the debts of the union, and the junior county be charged with such part thereof as may be just; and the value of the real estate, which upon the separation, becomes the property of the senior or junior county respectively, and any improvement Junior county to be charged effected by the union which either county gets the exclusive with just pro- benefit of, shall also be taken into account. 46 V. c. 18, s. 43. portion. When provi44. No member of the provisional council shall vote or take sional council- part in the council of the union on any question affecting such agreement, or the negotiation therefor. 46 V. c. 18, s. 44. lors shall not vote. In case of 45. In case the councils, within one month after the period disagreement, mentioned in section 43, are unable to determine by agreement disputes to be the several matters hereinbefore mentioned with respect to determined by arbitration. their debts, assets and property, such matters shall be settled between them by arbitration under this Act, and the county found liable shall pay to the other county the balance or amount agreed or settled to be due by such county, and such Payment of amounts found due. amount shall bear interest at six per centum per annum from the day on which the union is dissolved, and shall be provided for, like other debts, by the council of the county liable therefor after separation. 46 V. c. 18, s. 45. of Sheriff and 46. After the sum, if any, to be paid by the junior county Appointment to the senior or remaining county or counties has been paid other officials. or ascertained, by agreement or arbitration, a Judge may be appointed as provided by The British North America Act, 1867, and the Lieutenant-Governor or Lieutenant-Governor in Council, as the case may be, shall appoint a sheriff, one or more coroners, a clerk of the peace, a clerk of the County Court, a registrar, and at least twelve Justices of the Peace, and shall provide in the commission or commissions, that the appointments are to take effect on the day the counties become disunited. 46 V. c. 18, s. 46. tion of united divided. 47. After such appointments are made the Lieutenant-Gov- Final separaernor shall, by proclamation, separate the junior county from counties by the senior or remaining county or counties, and shall declare proclamation. such separation to take effect on the 1st day of January next after the end of three months from the date of the proclamation; and on that day the Courts and officers of the union (including Justices of the Peace) shall cease to have any jurisdiction in the junior county; and the real property of the cor- Property, how poration of the union situate in the junior county shall become the property of the corporation of the junior county, and the real property situate in the remaining county or united counties shall be the property of the corporation of the remaining county or united counties; and the other assets belonging to the corporation of the union, shall belong to and be the property of the senior or junior county or union of counties respectively, as agreed upon at the separation; and, if not otherwise disposed of by agreement or arbitration, they shall belong to and be the property of the senior county, or union of counties; and in the case of choses in action, they may be recovered in an action, or other proceeding, instituted or commenced in the name of the senior county or union of Counties. 46 V. c. 18, s. 47. continued. 48. When a junior county is separated from a union of Officers and counties, the head and members of the provisional council of property, etc., the junior county, and the officers, by-laws, contracts, property, assets and liabilities of the provisional corporation, shall be the head and members of the council, and the officers, by-laws, contracts, property, assets and liabilities of the new corporation. 46 V. c. 18, s. 48. cess in hands 49. The dissolution of a union of counties shall not prevent Execution and the sheriff of any senior county from proceeding upon and service of procompleting the execution or service within the junior county of sheriff at of any writ of mesne or final process in his hands at the time time of separ ation. Change of place of trial in actions, etc. after separation. If no order made, where proceedings to be carried on. Place for hold ing courts in junior county of such separation, or of any renewal thereof, or of any subsequent or supplementary writ in the same cause; or, in the case of executions against lands, from executing all necessary deeds and conveyances relating to the same, and the acts of all such sheriffs in that behalf shall be and be held and construed to be legal and valid in the same manner and to the same extent as if no separation had taken place, but no further. 46 V. c. 18, s. 49. 50. If upon a dissolution of a union of counties, there is pending an action, or other civil proceeding in which the county town of the union has been named as the place of trial, the Court in which the action or proceeding is pending, or any Judge who has authority to make orders therein, may, by consent of parties, or on hearing the parties upon affidavit, order the place of trial to be changed, and all records and papers to be transmitted to the proper officers of the new county. 46 V. c. 18, s. 50. 51. In case no such change is directed, all such actions and other civil proceedings shall be carried on and tried in the senior county. 46 V. c. 18, s. 51. 52. All Courts of the junior county required to be held at a place certain, shall be held in the county town of the junior county. 46 V. c. 18, s. 52. By-laws in force prior to formation of new corporation to continue in force until altered DIVISION VI-MATTERS CONSEQUENT UPON THE FORMATION By-Laws to continue in force. Secs. 53, 54. 53. In case a village is incorporated, or village or town (with or without additional area) erected into a town or city, or a township or county becomes separated, the by-laws in force therein respectively shall continue in force until repealed or altered by the council of the new corporation; but no by council of such by-laws shall be repealed or altered unless they could have been or can be legally repealed or altered by the council which passed the same. 46 V. c. 18, c. 53. new corpora tion. What by-laws bind where limits of a mu extended. 54. In case an addition is made to the limits of any municipality, the by-laws of such municipality shall extend to the nicipality are additional limits, and the by-laws of the municipality from which the same has been detached shall cease to apply to the addition, except only by-laws relating to roads and streets, and these shall remain in force until repealed by by-laws of the municipality to which the addition has been made. 46 V. c. 18, s. 54. time of disso 55. In the case of the erection of a locality into an in- Liability for corporated village, or of a village into a town, or of a town debts at the into a city, the village, town or city shall remain subject to lution. the debts and liabilities to which the locality was previously liable, in like manner as if the same had been contracted or incurred by the new municipality; and, after the separation of a county or township from a union, each county or township which formed the union shall remain subject to the debts and liabilities of the union, as if the same had been contracted or incurred by the respective counties or townships of the union after the dissolution thereof. 46 V. c. 18, s. 55. debts when limits ex 56. After an addition has been made to a village, town Adjustment of or city by the annexation of an adjoining village or town, or adjoining portion of a township, the city, town or village tended. whose limits shall have been so extended, shall pay to the township or county from which the additional territory has been taken such part, if any, of the debts of the township or county as may be just, and shall be entitled to receive from and be paid by the township or county the value of the interest which the added territory had at the time of making such addition in the property and assets of the township or county, and in case the councils do not, within three months after the first meeting of the council of the municipality to which the addition has been made, agree as to the sum to be paid or received as aforesaid, or as to the time of payment, the matter shall be settled by arbitration under this Act. 48 V. c. 39, s. 2. be issued for cipalities. 57. After the formation of a new corporation by the disso- Debentures to lution of a union of counties or townships, the council of the debts, and to senior or remaining county or township shall issue its deben- bind the old tures or other obligations for any part of any debt contracted and new muniby the union for which debentures or other obligations might have been, but had not been, issued before the dissolution; and the debentures or obligations shall recite or state the liability of the junior county or township therefor under this Act; and the junior county or township shall be liable therefor as if the same had been issued by the union before the dissolution. 46 V. c. 18, s. 57. ceding dissolu 58. All assessments imposed by the council of the then Assessments corporation for the year next before the year in which the for year prenew corporation is formed by separation therefrom, shall tion. belong to the then corporation, and shall be collected and paid over accordingly, and after the separation all special rates for the payment of debts theretofore imposed upon the locality Special rates by any by-law of the former corporation shall continue to be for debts conlevied by the new corporation; and the treasurer of the new be paid over corporation shall pay over the amount as received to the trea- by treasurer of surer of the senior or remaining municipality, and the latter the junior tinued and to county. |