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with the Nia- Parliament of Upper Canada, intituled, An Act to incorporate gara Harbour and Dock
" the Niagara Harbour and Dock Company, but the said ComCompany, pany shall hold, possess and enjoy the same; anything in this
Act to the contrary notwithstanding.
Not to prevent 14. Nothing herein contained shall restrain or prevent the the construction of any
fuc- Parliament of this Province from authorizing the construction Canal or Řail- of any canal or railroad upon or over any lands reserved or set road through
og apart as aforesaid by the Governor of either of the said late for military Provinces as aforesaid, in Council, for Military purposes, and
which by this Act are vested in such Principal Secretary of State as aforesaid.
case the owner
Proceedings in 15. In case the person or party hereby authorized to convey refuses to sell,
11. or demise any lands or other real property so marked out and &c.
surveyed as aforesaid, is absent from the Province, or unknown to such Principal Secretary of State as aforesaid, or for the space of fourteen days next after notice in writing subscribed by or on behalf of such Principal Secretary of State has been served on or left at the residence or domicile of such person or party (or if the party be a body politic or corporate, having no legal domicile, then on the Chief Officer thereof, or at his usual place of residence) refuses or declines to sell, or demise, or to enter into such contract with regard to such lands or other real property, as is satisfactory to the said Principal Secretary of State, or refuses the price or consideration offered by him, then
on the requisition of such Principal Secretary of State the Governor may Governor of this Province, being satisfied of the facts aforesaid, cause posses
may require any Sheriff for the District, County, City, Town or given. place where such lands or other real property lie, to cause such
Principal Secretary of State to be put into possession thereof, which such Sheriff shall accordingly do by issuing a warrant under his hand and seal, taking with him sufficient assistance;
sion to be
2. And the said Sheriff or his Deputy shall summon twenty. four persons qualified to be Special Jurors, who stand first in order to be summoned on his lists, to be and appear at the Court House of the District or County, on a day and at an hour to be named in such warrant, and not being less than ten days after the Sheriff has put such Principal Secretary of State into possession as aforesaid, and of which day and hour he shall give notice in writing to the owner or proprietor, and to all persons whom he finds on the premises, when he gives possession thereof;
3. And at the time so appointed, a Jury shall be formed out of the Jurymen so summoned, allowing to the parties, if present, their lawful challenge to any Juror or to the array, and the said Jury being sworn before the Sheriff or his Deputy authorized to issue the warrant of possession, shall, on hearing the witnesses and the evidence adduced before them, inquire of and determine the price or compensation to be paid by such Prin. cipal Secretary of State, either for the absolute purchase of the lands or other real property in question, or for the possession or use thereof, as the case may be ; And their verdict shall be
certified by the Sheriff or his Deputy aforesaid, with the costs, to be ascertained as hereinafter mentioned, that is to say:
4. There shall be allowed to the Sheriff, for executing the warrant of possession and summoning the Jury, eight dollars, and for swearing the said Jury presiding at the inquiry and receiving the verdict, four dollars, together with necessary travelling expenses ;—to each Juror sworn two dollars, and a reasonable allowance to each material witness to be taxed by the said Sheriff ;-And such costs shall be paid by such Principal Sec- Costs. retary of State, unless he has tendered to the opposite party a sum at least equal to that awarded by the verdict, in which last case they shall be paid by the said party ;
5. And the Sheriff may cause any witnesses to be summoned, and compel their appearance, and may adjourn any meeting if Jurymen or witnesses do not attend; and such Sheriff or his Deputy may administer all necessary oaths as well to the Jurors as to the witnesses to be produced by the parties.
By 29 V. c. 7, 8. 7, post page 481, the compensation for lands taken under this Act was to be determined by Official Arbitrators, and not by Jury, except in certain cases. By section 9 of the same Act (page 482, post), the notice of entry above required may be desisted from and a new one given. ,
Courts of law.
16. If the Principal Secretary of State as aforesaid, or any Appeal to the person or party interested in the lands and other real property Superior so marked out and taken as aforesaid, is dissatisfied with the verdict of the Jury, he may, at the term commencing next after the rendering of such verdict, if the owner or some person hereby empowered to convey such lands and other real property has had dúe notice of the taking thereof, or within one year, if they have been taken as belonging to some party unknown, or as being absent from the Province, and having left no known person therein, who might convey or demise the same on behalf of such party,-apply to the Superior Court in the District in which the lands and other real property lie if the same are in Lower Canada, or to the Court of Queen's Bench or of Common Pleas, if the same are in Upper Canada, and may suggest that he has reason to be dissatisfied with such verdict, and give notice of such application to the opposite party, and give security to the satisfaction of the Court for the payment of costs,—and thereupon the proceedings which have been had in the matter costs." and the verdict of the Jury shall be returned into Court, and if they it appears to the Court that the application ought to be granted, rected to inthen the Court shall direct the compensation payable to be as- quire of com
pensation. sessed and ascertained by a Jury according to law and the course per and practice of the Court, and as any damages may be inquired of and ascertained by a Jury,—and the verdict of such Jury shall be final and conclusive, unless a new assessment of such New assessdamages is for sufficient reason granted by the Court according ment. to the course and practice thereof and to law.
Jury may as 17. Any such Jury, either in the first instance or on an appeal sess separately the compensa to the Superior Court, Court of Queen's Bench or Common tion to be paid Pleas as aforesaid, may ascertain the proportion of the compento any lessee. sotzon money to be paid
sation money to be paid to any lessee or tenant at will, or otherwise, of the land or other real property in question, or of any part thereof, and may return the same as part of their verdict :
If lessee or
tenant at will 2. And where any such appeal is had solely on the applicais alone dissat- tion of a party dissatisfied with the sum awarded to be paid out isfied, or vice of the nor versa.
of the compensation to any lessee or tenant at will, or otherwise, such Principal Secretary of State as aforesaid shall not be made a party to such appeal, and the total amount of the compensation awarded by the former Jury shall not be altered ;And if the appeal is had solely on the application of any party dissatisfied with the total amount of compensation awarded by the former Jury, the lessee or tenant at will shall not be made a party to such appeal, and the sum awarded to be paid to him shall not be altered.
18. All lands and other real property of which possession which compensation is has been given to such Principal Secretary of State as aforeawarded to b
be said under such warrant as aforesaid, and for the absolute provested in Principal Secretary perty of which the compensation has been ascertained by the of State. verdict of a Jury, in the manner herein before prescribed, shall
be vested in such Principal Secretary of State, in trust as aforesaid ;- And the payment or tender of the compensation to any parties who might, without this Act, have conveyed the same, or the interest, or the estate therein, for which such compensation has been awarded, or the payment thereof in the manner provided by this Act, when such party acts on behalf of others, shall for ever bar the right or claim of such party, and those for whom he acts, in or to such lands or other real property:
Proviso : in 2. But no such lands or other real property shall be so taken what cases only lands in absolute property, without the consent of some party who may be taken might, under this Act, convey the same, nor for any term of without the
of the years, or other term, without the consent of some party wbo owner. might have demised the same for such term,-unless the neces
sity for taking the same has been first certified under his hand and seal by the Commander of Her Majesty's Forces in this Province, or unless an enemy has actually invaded this Province, when such lands or real property are so taken.
Principal Sec 19. In all cases where any lands or real property have been retary of State may demised to, or taken by such Principal Secretary of State as remove build. aforesaid, for any term of years, or for such period only as the 18 lande exigencies of the public service require.such Principal Secrehim on lands exigencies of the public service r taken for a tary of State may, notwithstanding anything in this Act or lavinor'any in any other Act or Law, at any time before they deliver up damage done possession of the same, take down and remove all buildings or to the soil, etc. other erections built or erected thereon for the public service,
after such lands or real property were demised"to, or taken by such Principal Secretary of State, and may carry away, sell or dispose of the materials thereof, making such compensation to
the owner of such lands or real property, or to the person authorized to act on his behalf, for the damage or injury done to such lands or real property by the erection of such buildings or otherwise in consequence of the same having been occupied for the public service, as such Principal Secretary of State thinks reasonable, or as may be agreed upon in that behalf :
2. And if the owner or person authorized to act on his behalf Damage done, is not willing to accept the compensation so offered, such how as
ed in case of Principal Secretary of State may apply to, and require any two dispute. Justices of the Peace for the district, county, city or place, to settle and ascertain the compensation which ought to be made for such damage or injury as aforesaid, and such Justices shall settle and ascertain the same accordingly, and shall grant a certificate thereof;—and the amount so ascertained shall be forthwith paid by such Principal Secretary of State to the person or party entitled to the same;
3. But nothing in this Act contained shall extend to alter, Agreements prejudice or affect any agreement entered into by such Princi- not to be afpal Secretary of State, with the owner of any lands or real“ property, or any person authorized to act on his behalf, with regard to any such buildings or erections, but every such agreement shall remain valid and effectual, according to the intent and purport thereof.
PAYMENT OF PURCHASE MONEY, &c.
20. Where any lands or real property have been taken by Compensation such Principal Secretary of State as aforesaid, under a warrant for land
from absentees of possession, without the consent of any party who could to remain in convey or demise the same to such Principal Secretary of the hands of
| the Principal State,—then the compensation inoney awarded by the verdict se
ÇO Secretary of of a Jury in the manner aforesaid shall remain in the hands State until of such Principal Secretary of State until it be claimed by some ela
me some compeparty who might have conveyed (or demised, as the case may tent party. be) such lands or real property, and shall execute such deed or warranty, and quit claim to such Principal Secretary of State as may suit the case, bearing simple interest at the legal rate during two years (if it remains in their hands so long), but not afterwards.
21. Relates to Quebec only.
22. Except as hereinafter provided,—Where any money has As regards been agreed, or required by the verdict of any Jury to be paid compensation by such Principal Secretary of State as aforesaid, for the ab- chased or solute purchase or exchange of any lands or other real property taken in U. C. lying within Upper Canada, or of any estate or interest in such not having the
from parties lands or real property, which has been conveyed by or taken absolute interfrom any body politic or corporate, person or party, who with. est, Principal
son or party, who wi- Secretary of out this Act would have been unable legally to convey the State to ble in same, or has not the absolute interest therein,--such money Queen
copy of the shall not (except as hereinafter excepted) be paid into the hands“
deed and do: of the person or party who makes and executes the sale, exclare himself ready to pay change or other convey
change or other conveyance, warranty or quit claim, but such the money. Principal Secretary of State shall, forthwith after the execution
thereof, file a copy of the deed or instrument (certified as correct by some Justice of the Peace who has compared the same with the original, and also by some person authorized to act on behalf of such Principal Secretary of State) in the office of the Clerk of the Crown, in the Court of Queen's Bench or the Court of Common Pleas, with a declaration that such Principal Secretary of State is ready to pay over the said money to such trustee, person or officer, as any two Justices of the Court shall appoint to receive the same;
to secure the
The Justices of 2. And upon the application of any person or party having the Court may, an interest in the said money, two Justices of the Court, upon on the appli.
· reading the said declaration, deed or instrument, and receiving cation of any party interest- such further satisfaction as they deem necessary, may, in a ed, make such summary way, make and pronounce such orders and directions orders as may be necessary for paying the said money or any part of the same, or for
placing such part thereof as is principal in any public securities rights of the parties.
of this Province, or real securities, and for the payment of the dividends or interest thereof, or any part thereof, to the respective parties entitled to receive the same, or for laying out the principal or any part thereof, in the purchase of lands or other real property, to be conveyed and settled to, and for, and upon the same uses, trusts, interests or purposes, as the lands or other real property for which such money is the compensation, stood settled at the time they were conveyed, or taken as aforesaid, or as near thereto as the same can be done, or otherwise concerning the disposition of the said moneys or any part thereof, for the benefit of the party or parties entitled to or interested in the same, respectively, or for appointing any person or persons to be a trustee or trustees for all or any of such purposes, or for requiring any security from any person to whom such moreys, or any part thereof, are to be paid or entrusted, as to the said Justices shall appear just and right ;-And all such orders and directions shall be obeyed by such Principal Secretary of State, and the receipt of the person or officer to whom they pay the said money, or any part thereof, in obedience to such orders and directions, shall be their valid discharge for the money so paid.
Cases in Urper Canada when the... is less than
but ex. ceeds $80.
23. Provided that in any case where such moneys, as are lastly hereinbefore mentioned, are less than eight hundred dollars, and exceed eighty dollars, the same shall, at the option of the party for the time being entitled to the rents and profits of the land or other real property purchased or taken, or of the guardian or guardians, committee or committees of such party in case of infancy or lunacy, to be signified in writing under their respective hands, be paid as aforesaid, under the orders and directions of two Justices of the said Court of Queen's Bench or Common Pleas or otherwise, at the like option shall be paid to three trustees nominated by the party making such option, and approved by such Principal Secretary of State as afore