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notices, or both, as the circumstances of the case may seem to render advisable, for at least one month before considering such petition in order that any person or persons opposed to such proposed union may be heard by counter petition, and if said Lieutenant-Governor in Council shall deem such union advisable, he shall make such orders with reference to the terms thereof, the appointment and payment of debts, if any, of the respective counties and their municipal government as shall be required and in accordance with the general provisions of this Act; and the said Lieutenant-Governor in Council may also by like order and proclamation, add to any existing county or union of counties any at present unorganized terri- Unorganized tory adjoining such existing county or union on such terms as be added. shall appear to be just and proper having also in view the provisions above mentioned in respect to the unions and the general spirit, intent and meaning of this Act.
9. The union between any two counties now or hereafter to Dissolution of become united under this Act may be dissolved in the same manner and under the same conditions as above stated in the case of a senior and two junior united counties; but in no case where there are more than two counties united shall one of the junior counties be allowed to separate from the others unless the two remaining counties adjoin each other; and provided that in all cases of a proposed separation the senior county (or counties where the union has been composed of more than two) shall be also shown to contain at least five hundred resident ratepayers.
tion may take
10. The dissolution of any union as aforesaid shall for gen- When dissolueral municipal purposes take effect only at the end of the cur- effect. rent municipal year, but for the purposes of divided registration or county court purposes or both, the dissolution may take effect at any time named in the said proclamation of the Lieutenant-Governor in Council, and the said LieutenantGovernor may by order in Council establish a new judicial New judicial division and constitute a county court in any such newly sep-division and arated county (to be called by the name of the county in which the said court is located), and make such other provisions in reference thereto as he is authorized to do by the Act respecting County Courts; and may also establish, as authorized by law, a registry office or division in and for such new county, Registry office. to be called the registry office of the united counties of
naming them in order, or of the county of
naming the former junior county, as the case may be, and may by such order in council determine how and from which municipal source the cost and expense arising from and connected Cost and with any such newly established court or registration division regulated. shall be paid where and to such extent as the same is not already by law otherwise provided for and in accordance with the general intent and meaning of, and until such new division shall come within the provisions otherwise, of this Act.
Present registrars and clerks to be
11. The present registrars, county court clerks and other officers, appointed by or through the Lieutenant-Governor in continued, &c. Council and holding office at the time of the passing of this
Officers of a
Act, shall still continue to be such officer until by operation of this Act the county court or registration division from which any such officer had been appointed shall become changed and such change shall have come into force and effect or until such officer shall thereafter be removed or his appointment cancelled by the Lieutenant-Governor in Council.
12. Whenever any union of counties is dissolved for muniion to belong cipal purposes as aforesaid, the clerk and treasurer and other officers of the united municipality shall become and continue to be the officers of the former senior municipality until a new appointment or appointments shall be made by the council of said former senior county; and the new council of the former junior county or counties shall, at their first meeting after being duly organized, appoint a clerk or other officers as they may deem advisable and necessary.
of new county
13. The reeves elected for and representing the several council, how to municipalities of the junior county or counties of any union, when the proclamation for a dissolution as aforesaid shall have issued, shall, unless it shall be named in said proclamation, name the place where the first meeting of the council for the new county shall be held after said dissolution shall take effect.
Registry book s
to be provided
oved upon a separation.
14. Until the junior county or counties of a union of counfor each counties as provided in this Act shall contain the number of resident trafa anion, ratepayers mentioned in clause six, and become a separate and distinct county as aforesaid, and until the separation actually takes place, the registrars of the union of counties as established by this Act shall, as required, be provided with a set of books for each county of such union of counties comprised in such respective county, and shall therein record all instruments affecting land in such county of such union of counties; and in the event of any county or counties of a union of counties becoming a separate and distinct county as aforesaid, the registrar of the union of counties wherein such county was comprised, shall hand over to the new registrar appointed for the said county the books and records belonging to such county.
Registrars duty as to en
15. On and after the coming into force of this Act, no tering docu- registrar shall enter any documents in any of the new set of distinct books, books, before having first obtained from the registrar or registrars of the county or united counties established by this Act, certified copies of all instruments (or the original instrument if such are in his or their possession) registered in the registry office of such county for which he is registrar, under
the provisions of this Act; so that every registrar in this Province, by referring to his own registry books, and to the certified copies of instruments (or to the original instruments) obtained from the registrar or registrars of either county or union of counties, as aforesaid, may be able to inscribe in his new set of books for any of the counties of the union of counties for which he may be registrar, all the registered instruments affecting the lands of any such county of the union of counties; and in making the inscription of those instruments, it will be the duty of every registrar to have them entered according to their respective dates of registration, and thereafter to continue to inscribe according to law in such new set of books for each county of a union of counties respectively, all instruments duly prepared for registration and to number all such instruments separately for each county of any union of counties, and mention in the certificate of registration of all instruments which shall be registered after the passing of this Act, that the same have been duly entered and registered in the registry office for the county of
in bookcounties of
of the county of-
union in which
16. It shall not be necessary for the registrar to procure a County of new book for the county of the union of counties in which business printhe county business was principally transacted, but to continue cipally transas heretofore to inscribe in his present registry books all other ions as to instruments affecting lands in such county of such union of counties, until such books have been filled up, or until such registrar shall be instructed otherwise by the inspector.
C. S. M. re
17. Section 2, cap. 60, Consolidated Statutes of Manitoba, Sec. 2, cap. 60, known as the "Lands Registration Act of Manitoba," is hereby pealed. repealed, (except as to any matters or things heretofore done or ordered under the authority thereof), and the following substituted in lieu thereof :
ment of regis
"It shall be lawful for the Lieutenant-Governor, by order Locations of in council, from time to time as it may be thought desirable, and appointto change or fix the location of the registry offices, to appoint trars, etc., by registrars, and to do and ordain all other matters and things order in counhe may think expedient or necessary in or about the premises. But this section shall not be construed to authorize any change in the boundaries of any county for registration or other purposes.
18. Where a body of water lies wholly or partly within the Jurisdiction Province of Manitoba, but not within the boundaries as given wries broken in this Act of any county or union of counties, or where the by lakes, etc. shores of such body of water are herein made the boundaries of any counties, then jurisdiction shall be exercised in civil
What "parish" to include.
Division of counties.
Lisgar. Plessis and Gimli.
and criminal cases by the county nearest to where the cause of action arose or the offence was committed, as the case may be, if within the Province of Manitoba. And that no difficulty may arise on the question of where the cause of action arose or where the offence was committed, the counties contiguous to the said body of water shall have concurrent jurisdiction. But if from any cause whatever a question should arise as to jurisdiction, the same shall be finally determined by the Chief Justice of the Province of Manitoba, to whom it shall be referred.
(a) The islands in any body of water shall belong to the municipality most contiguous thereto, and in case of any doubt arising as to the proper municipality, the LieutenantGovernor in council shall have power to decide as to the municipality to which any such island shall belong or be attached for municipal purposes.
19. Where the word "parish" or "parishes" occurs in this Act, it shall be understood to include the outer two miles attached to the river lots, if so laid down on the maps at the Dominion Land Office.
(1.) The counties as set forth in the foregoing portion of this Act shall be divided into municipalities, that is to say
MUNICIPALITIES OF THE UNITED COUNTIES OF LISGAR,
20. The united counties of Lisgar, Plessis and Gimli shall be divided for municipal purposes as follows:-
(No. 1.) To be known as the Municipality of St. Andrew's, shall comprise all that portion of the County of Lisgar from the Red River up to and including the east half of range 3 east, townships 13 to 18 both inclusive, whole or fractional, with those portions of the parishes of St. Peter's, St. Andrew's and St. Clement's, and the Indian Reserves lying west of the Red River, except the town of Selkirk.
(No. 2.) To be known as the Municipality of St. Clement's, shall comprise all the portions of the County of Lisgar, from the Red River to the line between ranges 8 and 9 east on the east, in townships 13 to 18 both inclusive, whole or fractional, with those portions of the parishes of St. Peter, St. Andrew's and St. Clement's, and the Indian Reserve, lying east of the Red River, and townships 19 and 20, ranges 7 and 8 east, fractional, east of Lake Winnipeg, except the town of East Selkirk.
(No. 3.) The town of Selkirk as Incorporated.
(No. 4.) The town of East Selkirk as Incorporated.
(No. 5.) To be known as the Municipality of Plessis, shall Plessis. comprise the County of Plessis as described herein.
(No. 6.) To be known as the Municipality of Rockwood, Rockwood. shall comprise townships 13 to 18 both inclusive, ranges 1 and 2 east, and the west halves of the same townships in range 3 east.
(No. 7.) To be known as the Municipality of Gimli, shall Gimli. comprise all the territory on the west side of Lake Winnipeg, north of township 18 and east of the principal meridian.
MUNICIPALITIES OF THE COUNTY OF VARENNES.
21. The County of Varennes shall be divided into munici- Varennes. palities as follows:
(No, 1.) The Municipality of Varennes shall be identical Varennes. with the County of Varennes, except the Town of Rat Portage as incorporated.
(No. 2.) The Town of Rat Portage as incorporated.
MUNICIPALITIES OF THE COUNTY OF MANCHESTER.
22. The County of Manchester shall be divided into Muni- Manchester. cipalities as follows:
(No. 1.) To be known as the Municipality of Franklin, shall Franklin. comprise townships 1, 2 and 3, ranges 3 to 13 east, both inclusive, whole or fractional, with that part of the Parish of St. Agathe, east of the Red River, as far north as and including lot No. 240 Dominion Land Survey, and that part of range 2 south of the north line of township 3 east of the Red River, except the City of Emerson as incorporated by Act of the present session.
(No. 2.) To be known as the Municipality of Montcalm, Montcalm. shall comprise townships 1, 2 and 3, whole or fractional, in range 1 east; and townships 1 and 2, fractional, in range 2 east, lying west of the Red River, and that portion of the Settlement Belt of the Parish of St. Agathe lying west of the Red River from the international Boundary line to lot 297 included, except the City of Emerson as incorporated by Act of the present Session.
(No. 3.) To be known as the Municipality of Douglas, shall Douglas. comprise townships 1, 2 and 3, ranges 1 and 2 west.