Statues of the Province of Ontario passed in the session held in the Forty-third year of the reign of her majesty Queen Victoria Being the First Session of the Fourth Legislature of Ontario,
Begun and holden at Toronto, on the seventh day of January, in the year of our Lord One thousand eight hundred and eighty.
Toronto: Printed by John Notman, printer to the Queen's Most Excellent Majesty, 1880. Pp. 111-114.
An Act to confirm certain preliminary proceedings, and make further provision for the formation of the County of Dufferin.
[Assented to 5th March, 1880]
WHEREAS, under and by virtue of the powers contained in an Act passed in the thirty-eighth year of the reign of Her present Majesty, and chaptered thirty-one, the provisional council of the proposed county of Dufferin was duly organized, transacted certain proceedings and passed certain by-laws for the organization of the said proposed county and for other matters, as required by the said Act; and whereas the said provisional council, in obedience to the requirements of said Act, have acquired lands on which to erect the necessary county buildings, and have proceeded to erect, and are proceeding with the erection of the necessary county buildings; and whereas it is expedient to confirm the said proceedings, and to make, pursuant to the petition of the said provisional council, further provision respecting the formation of the said county:
Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:-
1. The by-laws, resolutions, acts, and proceedings, and each and every of the by-laws, resolutions, acts and proceedings of the said provisional council of the said proposed county of Dufferin, hereinafter called the provisional county of Dufferin, are, and the same are hereby declared to be, legal, valid, binding and effectual, to all intents and purposes whatsoever.
2. Section six of the said Act passed in the thirty-eighth year of Her Majesty, and chaptered thirty-one, is hereby repealed, and the following section substituted therefor:-
3. From and after the passing of this Act the several reeves and deputy-reeves of the town of Orangeville, the village of Shelbourne, the townships of Melancthon, Mulmur, Mono, Amaranth, and East Garafraxa, for the time being, shall be the provisional council of the said provisional county of Dufferin.
4. The reeve for the time being of the said town of Orangeville shall call a meeting of the reeves and deputy-reeves of all municipalities with the said provisional county of Dufferin, to be holden at the said town of Orangeville, on the twenty-third day of March, in the year of our Lord one thousand eight hundred and eighty; and at such meeting the said reeve of Orangeville shall preside until a provisional ward en has been elected by the council from among the members thereof.
5. The said provisional council shall from time to time, by by-law, appoint a provisional treasurer, 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 elected; and the treasurer and other officers so appointed shall hold office until removed by the council.
6. The powers of the said provisional council of the said provisional county of Dufferin, shall not interfere with the powers of the councils of the several counties of which the said several municipalities form a part; and any money raised by the said provisional council of the said provisional county of Dufferin, shall be independent of any money raised in each of the said counties.
7. After the issue of the proclamation, authorized by section six of the said Act passed in the thirty-eighth year of Her Majesty's reign and chaptered thirty-one as the same is amended by this Act, the several municipalities comprised within the limits of the said county of Dufferin may respectively enter into agreement with the said respective counties of which the said municipalities form part, for the settlement of the amounts to be paid or received by the said county councils or municipalities in accordance with the provisions of section ten of the said Act.
8. No member of the said provisional council of the said provisional county of Dufferin, shall vote or take any part in the councils of the several counties of Wellington, Grey, and Simcoe, on any question affecting such agreement or the negotiation therefor.
9. In case the several municipalities forming the county of Dufferin, and the several councils of the said counties within six months after the said proclamation is issued, are unable to determine by agreement the several matters mentioned in said section ten of said Act, such matters shall be settled between by arbitration, under the provision of the municipal Act, and the county found liable shall pay to any municipality, or any municipality found liable shall pay to any municipality, or any municipality found liable shall pay to any county the balance or amount agreed or settled, or found to be due by such county or municipality; and such amount shall bear interest at six per centum per annum from the day on which said several municipalities are proclaimed to be separated from their said several counties and formed in to the county of Dufferin, and shall be provided for like other debts by each or any of the said municipalities or councils liable therefore.
10. After the proclamation declaring the erection of the said county shall have been issued, a judge may be appointed as provided for 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, and county crown attorney, a clerk of the county court, and at least twelve justices of the peace, and shall provide in the commission or commissions that the said appointments are to take effect on the day that the said provisional count of Dufferin shall become a county.
11. After the day named in said proclamation the courts and officers of the said several counties of Wellington, Grey, and Simcoe (including the justices of the peace), shall cease to have any jurisdiction in the county of Dufferin.
12. When the said several municipalities within the limits of the said county of Dufferin are separated from the said several counties of Wellington, Grey and Simcoe, the head and members of the provisional council of the county of Dufferin, and the officers, by-laws, contracts, property, assets and liabilities of the provisional corporation of the county of Dufferin, shall be the head and members of the council, and the officers, by-laws, contracts, property, assents and liabilities of the new corporation of the county of Dufferin.
13. The separation of the said Municipalities within he limits of said county of Dufferin, and their formation into the county of Dufferin, shall not prevent the several sheriffs of the said several counties of Wellington, Grey and Simcoe from proceeding upon and completing the execution or service within the county of Dufferin of any writ of mesne or final process in their, or either of their hands, at the time of such separation, or of any renewal thereof, or of any subsequent or supplemental writ in same cause, or in the case of executions against lands, from executing all necessary deeds and conveyances related g 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 sam manner and to the same extent as if no separation had taken place but not further.
14. The provisions of the said Act passed in the thirty eighth year of Her Majesty's reign and chaptered thirty-one, except where inconsistent with the provisions of this Act are to remain in full force and effect.