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Statutes of Ontario 1872 Chap. 41Nle STATUTES OF ONTARIC• 1872 Chap. 41 An Act to incorporate the Town of Tilsonburg and to define the limits thereof. (Assented to 2nd March 1872) WHEREAS the inhabitants of the police village of Tilsonburg in the Township of Dereham, in the County of Oxford, and of the adjacent territory included within the boundaries hereinafter mentioned have by their petition represented that the population of the said village is increasing at a rapid rate and now amcunts to over sixteen hundred, and that the Canada Air Line Railway and the Canada Southern Railway, now building, both pass over the said territory included within the said boundaries, whereby the said town, owing to its central and favourable location, will attract the trade of a large, populous and wealthy section of country and will probably increase in population faster in the future than in the past, and that '_n order to promote its progress and prosperity and to enable the inhabitants thereof to make police regulations and regulations for the protection of property from fire and to Barry out the improvements they are desirous of making; and whereas a part of the said territory is within the Township of Middleton in the County of Norfolk, and in compliance with a resolution passed by a public meeting duly convened to consider the matter of incorporation it is desirable that the said police village and the said adjacent territory be incorporated as a town: 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 Assembly of the Province of Ontario, enacts as follows: - 1. On and after the passing of this Act the inhabitants of the said police village of Tilsonburg and of the said adjacent territory shall be and they are hereby constituted a corporation or body politic under the name of the "Corporation of the Town of Tilsonburg" apart from the said Townships of Dereham and Middleton in which the said police village and adjacent territory are situate; and shall enjoy all the rights, powers and privileges enjoyed by incorporated towns in the Province of Ontario and exercised by the councils thereof under the existing municipal laws of the said Province, which are hereby made applicable thereto, but only so far as the same are not inconsistent herewith. 2. The said town shall comprise and consist of the following lots and parts of lots, namely: lots numbers three, four, five and six in the eleventh concession of the Township of Dereham in the County of Oxford, lots numbers two, three four and five in the twelfth concession of the said Township of Dereham, and those portions of lots numbers seven, eight, nine and ten in the fourth concession of the Township of Middleton in the County of Norfolkt and lots numbers seven and eight in the fifth concession of the said Township of Middleton described as follows - COMMENCING in the southern limit of lot numbertwo in the twelfth concession of the Township of Dereham aforesaid at the distance of forty-two rods more or less from the south eastern corner of the said lot, thence south thirty degrees east along the eastern limit of lot number ten in fourth concession of the said Township of Middleton forty-one chains, thence south seventy-nine degrees ten minutes west eighty chains more or less to the western limit of lot number seven in the said fourth concession, thence north thirty degrees west along the western limits of lot number seven in the - 2 - fourth concession aforesaid and lot number seven in the fifth concession aforesaid forty-one chains more or less to the southern limit of lot number five in the twelfth concession of the Township of Dereham, thence north seventy-nine degrees ten minutes east along the southern limits of lots numbers five, four, three and two in the twelfth concession aforesaid to the place of beginning. 3. The said Town of Tilsonburg shall be divided into three wards to be called, respectively East Ward, West Ward and South Ward. (1) East Ward shall be composed of that part of the said town described as follows: commencing at the north easterncnrner of lot number three in the eleventh concession of the township of Dereham aforesaid, thence southerly along the easterly boundary of said lot number three to the twelfth concession of the said township, thence easterly to the north- east corner of lot ndi;ber two in the twelfth concession afore- said, thence south along the easterly boundary of the said lot number two to the centre of the Otter Creek, thence westerly along the bed of the said creek to Simcoe Street in the said police village of Tilsonburg, thence westerly along Simcoe and Bloomer streets to Broadway street, thence northerly along Broadway street to Washington Grand Avenue, thence along Washington Grand Avenue to the Market Square, thence through and from Market Square along a proposed new street leading from the Market Square to Durham street to Stony Creek, thence northerly through the centre of the bed of Stony Creek to the northern limit of the eleventh concession aforesaid, thence easterly to the place of beginning. (2) West Ward shall be composed of that part of the said town described as follows: commencing at the centre of the bed of Stoney Creek where it crosses the northern limit of the eleventh concession aforesaid, thence southerly along the bed of said creek to a proposed new street leading from the Market Square to Durham street, thence along the proposed new street through the Market Square to Washington Grand Avenue, thence along Washington Grand Avenue to Broadway street, thence southerly along Broadway street to Ridout street, thence along Ridout street to Rolfe street, thence northerly along Rolfe street to Washington street, thence along Washington street westerly to the westerly limit of the said town, thence northerly along the western limit of lot number five in the twelfth concession aforesaid to the southern limit of the eleventh concession aforesaid, thence westerly along the southern limit of lot number six in the eleventh concession aforesaid to the westerly limit of said lot, thence northerly along the westerly limit of the said lot number six to the northern limit of the eleventh concession, thence easterly to the place of beginning. (3) South Ward shall be composed of that part of the said town described as follows: commencing at the centre of the bed of the Otter Creek where it intersects the eastern limit of lot number two in the twelfth concession aforesaid, thence southerly along the eastern boundary of the said lot to the south-east corner thereof, thence westerly forty-two rods along the southern boundary of said lot number two, thence south thirty degrees east forty one chains along the eastern limit of lot number ten in the fourth concession of the Township of Middleton, thence south seventy-nine degrees and ten minutes west eighty chains to the western limit of lot number seven in the fourth concession afore- said, thence north thirty degrees west along the western boundary of lot number seven aforesaid and lot number seven in the fifth concession of the said Township of Middleton to the southern limit 3 — of lot number five in the twelfth concession aforesaid, thence westerly along the said southern limit of lot number five to the south west corner of said lot, thence northerly along the westerly limit of said lot to where Washington Street intersects the said westerly limit, thence easterly along Washington street to Rolfe street, thence southerly along Rolfe street to Ridout street, thence easterly along Ridout street to Broadway street, thence southerly along Broadway street to Bloomer street, thence along Bloomer and Simcoe streets to the centre of the bed of the Otter Creek, thence along the centre of the bed of Otter Creek easterly to the place of beginning. 4. Immediately after the passing of this Act it shall be lawful for John Secord, who is hereby appointed the returning officer, to hold the nomination for the first election of mayor, reeve and councillors at the Sons' Hall in the said town at the hour of noon; and he shall give one week's notice thereof in a newspaper published in the said town, and on the same day, also by one week's written notice posted up in at least two conspicuous place in each ward of the said town of such nomination; and he shall preside at such nomination, or, in case of his absence, the electors present shall choose from among themselves a chairman to officiate who shall have all the powers of a returiing officer; and the polling for the said election shall be held on the same day of the week in the week next following the said nomination. 5. The said returning officer shall by his warrant appoint a deputy returning officer for each of the wards into which the said town is divided; and in the discharge of their duties such returning officer and deputy returning officers shall, before holding the said election, take the oath or affirmation now required by law and shall be respectively subject to all the provisions of the existing Municipal Acts applicable to returning officers at elections in towns as far as the same do not conflict with this Act; and the said returning officer shallh ave all the powers and perform the several duties of town clerks with respect to municipal elections in towns. 6. The clerks of the said Townships of Dereham and Middleton and any other officers thereof shall upon demand made to them by the said returning officer or any other officer of the said town at once furnish the said returning officer or any other officer with a certified copy of so much of the last revised assessment roll for the said village and townships as may be required to ascertain the persons entitled to vote at such first election, or with the collector's roll, document, writing, statement or deed that may be required; and the said returning officer shall furnish each of his said deputies with true copies of said roll as far as the same relates to voters resident in the several wards in the said town and so far as such assessment roll contains the names of the male freeholders and householders rated thereon, which copies shall be verified on oath or as is now required by law. 7. The council of the said town to be elected in manner aforesaid shall consist of the mayor who shall be the head thereof, a reeve, and three councillors for each ward; and they shall be organized as a council on the same day of the week next following the week of the polling, or, if there be no polling, on the same day of the week next following the week of the said nomination; and at subsequent elections in the same manner as in towns incorporated under the provisions of the Municipal Acts in Ontario; and have, use and exercise the powers and privileges vestedin the mayor, reeve and councillors in incorporated towns. 4 — 8. The several persons who shall be elected or appointed under this Act shall take the oaths of office and of qualification in the manner now prescribed by law and in accordance with this Act. 9. That at the first election of mayor, reeve and councillors of the said town, the qualification of the electors and of the reeve and officers required to qualify shall be the same as that required in townships, and that of the mayor shall be the same as that of the reeve in townships. 10. From and after the holding of the election under this Act the said town shall cease to form part of the Townships of Dereham and Middleton, and shall to all intents and purposes form a separate and independent municipality with all the rights, privileges and jurisdiction of an incorporated town in Ontario, and shall be attached to and form part of the County of Oxford. 11. The council of the said town shall be entitled to recover from the said Townships of Dereham and Middleton such share of all moneys on hand, due, owing and of right collectable by and belonging to the said townships at and prior to the said time of incorporation, or thereafter if entitled thereto, as shall bear such proportion to the whole as the amount of the assessed property within the limits of the said town formerly within the boundaries of the said townships respectively as shown by the collector's roll of the year one thousa nd eight hundred and seventy—one bears to the whole amount of the assessed property of the said townships respectively: and the said town shall be liable to pay to the said townships a share in the same proportion of all debts and liabilities existing against the said townships at the time this Act shall come into force as the same shall become due and which are fairly and equitably chargeable against the said town; the said share in case of dispute to be decided by arbitration under the provisions of the Municipal Acts of Ontario. 12. The expenses of any assessment imposed for the present year, so far as the same shall relate to assessments made within the limits of the said town, and incurred to obtain this Act, and of furnishing any documents, ccpies of papers, writings, deeds or any matter whatsoever required by the clerks or other officers of the councils of the said townships or otherwise shall be borne and paid by the said town council to the said township council or any party entitled thereto.