New agreement after

five years.

Property

be made, to ascertain what amount shall thereafter be paid by the Town to the County for such purposes; (m)

6. After the lapse of five years from the time of the agreement or award, or such shorter time as may be stated in the 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; (n)

7. After the withdrawal of a town from the County, all property theretofore owned by the County, except Roads and after with Bridges within the Town, shall remain the property of the County. (0)

drawal.

New Town

TOWNSHIPS.

ERECTION OF NEW TOWNSHIPS.

27.-In case a Township is laid out by the Crown in ships beyond territory forming no part of an Incorporated County, the Govthe limits of ernor may by Proclamation erect the township, or two or more ed Counties of such Townships lying adjacent to one another, into an In

Incorporat

may be attached thereto.

Junior Towrship containing 100 free

holders, &c.,

to become a separate Municipality.

corporated Township or Union of Townships, and annex the same to any adjacent Incorporated County; (p) and the procla mation shall appoint the Returning Officer who is to hold, and the place for holding, the first Election in the Township or Union of Townships. (2)

SEPARATION OF UNITED TOWNSHIPS.

29.-When a Junior Township of an incorporated Union of Townships has one hundred resident freeholders and householders (r) on the assessment roll as last finally revised and

(m) The last Jury Act makes it incumbent on County Councils to provide for the payment of Jurors. (22 Vic. c. 100, s. 138 et seq.) (n) This is not to be understood as referring merely to the expenses of the administration of criminal justice; for they are to be defrayed by the Province. (9 Vic. cap. 58.)

(0) This is a fair result of the preceding subsections.

Be

(p) The provision contained in this section is entirely new. fore the passing of this act no Township could, for the purposes of election and municipal government, be organized until it contained a certain population. Here no such requirement is made. The Governor is enabled by proclamation to incorporate new Townships, separately or in unions.

(7) As to Elections, see sec. 81 and following sections.

(r) Resident freeholders and household rs. There must be at least one hundred resident, and these residents must be either freeh lders or householders, it matters not in what proportion. Females are not in terms excluded, though it is doubtful whether the law intends them to be included. (See sec. 75.)

passed, (s) such Township shall, upon the first day of January then next thereafter, (t) become separated from the Union. (u)

Township

100. but ex

rated and

29.-In case a Junior Township had at least fifty but less When Junior than one hundred resident freeholders and householders (v) on containing the last revised assessment roll, (w) and two-thirds of the resid- less than ent freeholders and householders of the Township, petition the ceeding 50, it Council of the County to separate the Township from the may be sepa Union to which it belongs; (x) and in case the Council considers how. 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; (y) and the By-law shall name the Returning Officer who is to hold, and the place for holding, the first Election under the same. (z)

ANNEXATION OF GORES.

nor may annex Gores

30.-The Governor may, by Proclamation, annex to any Township, or partly to each of more Townships than one, any The GoverGore or small tract of land lying adjacent thereto and not forming part of any Township, and such Gore or tract shall to adjacent thenceforward for all purposes form part of the Township to which it is annexed. (a)

(s) The assessment roll is under the Assessment Act revised and finally passed by the Court of Appeal constituted by that Act. (16 Vic. cap. 182, s. 30.) The roll so revised and passed is the one here mentioned.

(1) The day of separation is postponed until the new year, that is, till the period is at hand for the yearly election of Municipal Councillors. (See sec. 87.)

() When the Junior Township attains the required population, the separation is to take place by operation of law.

(v) See note r to the preceding section.

(w) See notes to same.

(z) The petition may, under the circumstances stated, be made at any time of the year.

(1) The power of the County Council to interfere is only when it considers the Township to be so situated with reference to streams or ortber natural obstructions that its inhabitants cannot conveniently be united for municipal purposes with the inhabitants of an adjoining township. (See sec. 31.)

(2) It is to be observed that the By-law is to fix the place for holding the first election of Councillors. and to name the Returning Officer, neither of which is mentioned in the preceding section. The time is however fixed by sec. 82, subsec. 5. (See further, sec. 87.) (a) This appears to be taken from statute 12 Vic. cap. 11, sec. 2, which authorized such annexation for all purposes, including of

Townships.

New Town ships, &c., within the

limits of InCounties, to

corporated

be united to adjacent

Townships,

and how.

Townships

not incorporated or

united may

be formed

into unions,

and how.

Townships

ANNEXATION OF NEW TOWNSHIPS.

31.-In case a Township is laid out by the Crown in an 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 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, and if such adjacent Township or adjacent Union is divided into Wards, then also to one Ward or partly to each of two or more Wards thereof. (b)

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 incorpor ated 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. (c)

33.-In case the United Townships are in different Counin different ties, the By-law shall cease to be in force whenever the union of the Counties is dissolved. (d)

Counties.

SENIORITY OF TOWNSHIPS.

34.-Every Proclamation (e) or By-law forming a Union

course municipal purposes. The Proclamation must it is presumed,

as usual in the case of Crown Proclamations, be under the Great Seal of the Province. (Keyley v. Manning, Cro. Car. 180.)

(b) There are in some Counties tracts of land not surveyed or laid out in Townships, and this section requires the County Council of any such County to unite new townships when laid out with some adjacent Township or Townships, in order that the inhabitants may at once enjoy municipal rights and be subject to municipal liabilities.

(c) Under this section, Unions may be formed of two or more new townships, instead of annexing them to old townships. This can only be done when the joint population of resident freeholders and householders is not less in number than one hundred.

(d) No case can arise under this section, unless the Union have been made by the Council of United Counties of Townships in different Counties of the Union. When such has been done, and the Counties afterwards become separated, provision is made for the separation of the United Townships. The fact that the By-law is in such an event to " cease to be in force" as near as may be restores the Townships to the situation in which they were before the By-law passed.

(e) For instance, under sec. 27.

Townships

lated.

of Townships (ƒ) shall designate the order of seniority of the Seniority of Townships so united, and the Townships of the Union shall how regu be classed in the By-law according to the relative number of freeholders and householders on the last revised assessmentroll. (9)

COUNTIES.

NEW COUNTIES.

New Coun

ties how formed by

and annexed

or united.

35.-The Governor may, by Proclamation, form into a a new County, any new Townships not within the limits of an Incorporated County, and may include in the new County one proclamation 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 to any adjacent Incorporated County; or in case there is no adjacent Incorporated County, or in case the Governor in Couneil 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. (h)

SENIORITY OF. }

Seniority of

United
Counties

36.—In every Union of Counties, the County in which the County Court House and Gaol are situate, shall be the Senior County, and the other County or Counties of the Union shall how regu be the Junior County or Counties thereof. (i)

LAWS APPLICABLE TO.

37.-During the Union of Counties, all Laws applicable

(f) For instance, under secs. 29 or 31.

(9) The order of seniority of United Townships is to be declared in the Proclamation or By-law, as the case may be, and the seniority is to be governed by population, so that the more populous Township is to be the senior.

(h) The provisions of this section are new. They facilitate the formation of Counties and Unions of Counties in newly organized tracts of land, without the necessity of express Acts of Parliament.

(i) There is to be not only seniority among United Townships, but seniority among United Counties. While among the former seniority is to be determined by population, among the latter it is to be determined by the situation of the County Court House and Gaol. This was the old law.

C

lated.

oable to

Laws appli- to Counties (except as to representation in Parliament and Registration of Titles) (j) shall apply to the Union as if the same formed but one County.

Unions of
Counties.

laid in Unions of Counties.

VENUE IN.

38.-In the case of United Counties, the Venue in any Venue how Judicial proceedings shall be laid in the proper County of the Union (naming it) and describing it as one of the United Counties 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. (k)

ERECTION OF PROVISIONAL CORPORATIONS AND

SEPARATION OF JUNIOR COUNTIES.

PRESIDING MEMBER-FIRST MEETING-COUNTY TOWN.

39.-When the Census Returns taken under an Act of Parliament (1) or under the authority of a By-law of the Council of any United Counties, (m) show that the Junior County of the Union contains not less than fifteen thousand inhabitants, then, if a majority of the Reeves and Deputy Reeves of such County do, in the month of February in two successive years, pass a resolution affirming the expediency of the County being separated from the Union; and if in the month of February

(j) By the 9 Vic. cap. 34, sec. 4, it is enacted that there shall be a Registrar appointed for each and every County in Upper Canada. By the 12 Vic. cap. 78, sec. 19, and 12 Vic. cap. 79, sec. 6, that upon the disuniting of a Junior County from a Union of Counties there shall be a separate Registry of Titles for such County, as for other Counties generally in Upper Canada. By the 14 & 15 Vic. cap. 5, sec. 2, that each County entitled to a Representative in Parliament shall have a separate Registry Office for the registration of titles, and that Registrars shall be appointed accordingly. By the 22 Vic. cap. 95, provision is also made for the establishment of separate Registry Offices in Cities, Junior Counties before separation, and Ridings of Counties.

(k) A writ of summons was sued out before the separation of the County of Ontario from the United Counties of York and Peel, directing defendant to appear in the United Counties of York, Ontario and Peel. It was not served until after the separation, and the venue in the declaration was laid in the three United Counties. The defendant thereupon demurred. Held, not a frivolous demurrer. (Plaxton et al v. Smith, 1 U. C. Prac. Rep. 228.)

(1) For instance, statute 14 & 15 Vic. cap. 49, which provides for the taking of a periodical census.

(m) The census for the purpose mentioned in this section to be taken under the authority of a By-law of the Council is something The only census heretofore receivable in cases within this section was the periodical one noticed in the preceding note.

.new.