said (such nomination being signified in writing under the hands of the nominating and approving parties), in order that such money may be invested in the purchase of public securities of the Province, and that such stock, when purchased, and the dividends arising therefrom, may be applied in the manner herein before directed, so far as the same may be applicable, without obtaining the order and direction of any Justices of the Court, and with the same effect as if such payment had been made under such orders and directions. Lower Canada less than $80 24. Provided also, that in any case where the compensation Cases either or purchase money is less than eighty dollars, the same shall, in Upper or whether the lands or real property for which the same are pay- when the comable is in Upper Canada or in Lower Canada, be applied to the pensation is use of the party who would, for the time being, be entitled to provided for. the rents and profits of such lands, and shall be paid to such party, or to any person who might lawfully receive such rents and profits, for the use of such party, with the same effect as if the same had been paid into the hands of any Sheriff in Lower Canada, or under the order of any two Justices of either of the said Courts in Upper Canada. deemed to 25. If any question arises touching the right of any Parties conparty to any money or public securities arising from any such veying lands to Principal compensation or purchase money as aforesaid, and entrusted to Secretary of or vested in any trustee or trustees, or other person or persons State to be pursuant to the directions of this Act,-the party by whom have been or on whose behalf the lands or other real property, estate or in- lawfully enti terest, for which the said money was payable, have been convey- tled so to do, ed, warranted or quit claimed, to or in favour of such Principal trary be provSecretary of State as aforesaid, shall be held to have been law- ed in all quesfully entitled to convey the same until it be proved, by the any claims for judgment of some Court of competent jurisdiction, that some compensation. other person was entitled to such lands or real property, estate or interest. until the con tions as to cipal Secretary 26. No enrolment of any deed conveying any lands or Enrolment of other real property, or any estate or interest therein, to such deeds to PrinPrincipal Secretary of State as aforesaid, shall be necessary to of State. vest the same in him, in trust as aforesaid; but such Principal Secretary of State may at his option cause any deed or instrument, not being a notarial instrument, relating to any lands or real property vested in him, to be enrolled, upon payment of the usual fees, in the office of the Provincial Registrar, without it being necessary for him to produce to that officer any proof of the execution of such deed or instrument; and a copy of such enrolment signed by the Provincial Registrar, and proved upon oath to be a true copy, shall for every purpose whatsoever be sufficient evidence of the contents of such deed or instrument in any Court of Law and Equity, and on every occasion shall have the same force and effect, to all intents and purposes, as such deed, instrument or document would have, if the same were respectively produced and shown forth. Principal Secretary of State in matters re him, CHANGING TENURE OF LANDS. 27. Relates to Quebec only. BRINGING SUITS, EXECUTING DEEDS, &c. 28. Such Principal Secretary of State as aforesaid may empowered to bring, prosecute and maintain any action of ejectment, or other bring actions actions and proceedings, either in law or equity for recovering lative to pro- possession of any lands or other real property vested in him, perty held by or to which he may become entitled under the provisions of this Act, or otherwise howsoever, and may distrain or sue for any arrears of rent or any other dues of any kind, due for, or in respect thereof, under any parol, or other demise, grant or concession from such Secretary of State or from the said Principal Officers of the Ordnance, or from Her Majesty, of any person or Officer acting for or on behalf of Her Majesty, or of any party holding such lands or real property in trust for Her Majesty, and may also bring, prosecute and maintain any other action, suit or proceeding in law or equity in respect of any such lands or other real property, or of any right or interest therein, or of any trespass or encroachment committed thereon, or damage or injury done thereto,-and also upon all covenants and contracts whatsoever, made by, to, or with such Principal Secretary of State or the said Principal Officers, and in any way relating to such lands and real property, or to the service of the War Department, or the defence of this Province; Or as to goods, money, &c. Style by which 2. And such Principal Secretary of State may also bring, prosecute and maintain any other action, suit or proceeding in law or equity, civil or criminal, concerning the goods or chattels, stores, moneys or other property under the care, control or disposition of the said Principal Secretary of State; 3. And in every such suit, action or other proceedings, such Secretary of Principal Secretary of State shall be called "Her Majesty's State may sue. Principal Secretary of State for the War Department," without naming him; And such Principal Secretary of State may by the said name be sued, impleaded or prosecuted, and may answer and defend any suit, action, prosecution or proceeding brought or instituted against them in any Court of Law or Equity in this Province, by any person or party whomsoever; And no suit, action or other proceeding to which such Principal Secretary of State is a party, shall abate, or be discontinued, or interrupted by the death, resignation or removal of such Principal Secretary of State. How suits are against the 29. All suits, actions or proceedings to be brought or instito be brought tuted against such Principal Secretary of State may be brought Principal Sec- or instituted in the Court within the local jurisdiction whereof retary of State the lands or other real property to which such suits, actions process therein or proceedings may respectively relate is situate or the cause of regulated. action has arisen,-And service of any process, order, notice or and service of other document required to be made in any suit, action or proceeding to which such Principal Secretary of State is a party, shall be deemed to be validly made upon him by leaving a true copy thereof at the Office of the respective Officers of the War Department within the local jurisdiction of the Court in which such suit, action or proceeding is brought or pending, or if there be no such Office within the jurisdiction of such Court, then at the Office of the Senior Civil Officer of the said Department within such jurisdiction. 30. In all suits, actions and other proceedings at law or in He may re equity, in which a verdict passes, or a judgment or decision is cover costs. given for or in favour of such Principal Secretary of State as aforesaid, he shall, in addition to all damages to which he is entitled, have judgment for his full costs and charges in such suits, actions or proceedings, to be assessed and taxed against the defendant or other opposing party, and to be recovered and levied in the same manner and form as they might have been assessed, taxed, recovered and levied in favour of any private party, and in all cases of judgments or decisions given against such Principal Secretary of State, he shall pay full costs and charges to the successful party. 31. Nothing herein contained shall be taken to defeat or Her Majesty's abridge in any such suit, action or other proceeding, the legal privileges and rights of prorights, privileges and prerogatives of Her Majesty,-But in all ceeding not to such suits, actions and other proceedings brought or instituted be abridged. in the name of such Principal Secretary of State as aforesaid, and in all matters relating thereto, such Principal Secretary of State may claim, exercise and enjoy all the same rights, privileges and prerogatives which have been heretofore claimed, exercised and enjoyed in any suits, actions or proceedings whatsoever in any Court of Law or Equity, by Her Majesty or Her Royal Predecessors, in the same manner as if the subject matter of such suits, actions or other proceedings were vested in Her Majesty, and as if Her Majesty were actually made a party to the same: Provided that Her Majesty may, if so advised, proceed by information in the proper Court, or by any other Crown process, legal or equitable, in any case in which such suits, actions or other proceedings might otherwise have been instituted by such Principal Secretary of State. entries, &c., in ty held by 32. Such Principal Secretary of State as aforesaid may give Power to give any notice and make any entry, claim or demand which it is notices, make requisite orexpedient to give or make on behalf of Her Majesty, Latters rela with a view to compel any tenant, lessee or occupier of any tive to properlands or other real property vested in such Principal Secretary him. of State, under the provisions of this Act, to quit or deliver up possession thereof, or to compel the performance of any covenant, contract or engagement relating thereto, or to recover possession on non-performance of any covenant, contract or agreement, or to compel the payment of any sum of money which ought to be paid in respect thereof, and may give any other May depute all or any of his this Act to such persons or officers as he may think proper. notice and make any claim or demand, or do any other act or thing which it is requisite to make, give or do, on behalf of Her Majesty, touching or concerning any such lands or other real property, or any right, title or interest therein, and the same, being so made, given or done, shall be valid and effectual to all intents and purposes whatsoever. 33. Such Principal Secretary of State as aforesaid may from powers under time to time, and as occasion requires, authorize and empower any person or persons, or any officer or officers, by his or their name or title of office, to exercise and execute all or any of the powers, authorities and duties, or to perform and do and execute any acts, deeds, matters and things which by virtue of this Act, such Principal Secretary of State may exercise, execute, perform or do, as validly and effectually as such Principal Secretary of State might exercise, execute, perform and do the Power of those same, and may revoke such authority at pleasure;-And such deputed to re- authority shall, notwithstanding the death, resignation or restanding the moval from office of the Principal Secretary of State who gave removal, &c., the same, remain in force as if given by such Principal Secretary of State for the time then being, until revoked by the Principal Secretary of State for the time being. of the Secre tary of State. Secretary of sponsible. 34. Nothing contained in this Act, or contained in any covepersonally re- nant, contract, lease or other instrument hereby authorized to be entered into, made, taken or executed by such Principal Secretary of State as aforesaid, or by any person or officer acting under him, shall extend to charge the person of such Principal Secretary of State, person or officer, executing such covenant, contract, lease or other instrument, or their heirs, executors, administrators or other legal representatives, or their or any of their own proper lands and tenements, goods or chattels with the performance of any of the covenants, conditions and agreements in such covenants, contract or lease, or other instrument entered into on the part of such Principal Secretary of State for the public service, and by his name of office as aforesaid; nor shall any officer of the War Department be personally liable, nor shall any property of such officer be liable to any legal process or execution in such suits, actions or other proceedings as aforesaid, Act 7 V. c. 11, lands trans ferred to the Province. 35. With respect to all lands and other real property comrepealed as to prised in the second Schedule to the Act respecting the Ordnance and Admiralty Lands transferred to the Province, which are hereby vested in Her Majesty for the benefit, use and purposes of this Province, the said Ordnance Vesting Act, and every clause, matter and thing therein contained, is and are repealed. SCHEDULE REFERRED to in this Act, being the Schedule of Military An Act to extend the provisions of an Act respecting lands and real property held or required by the Imperial Government for the Military defence of this Province, to the construction of lines of Telegraph connected with such defence. W [Assented to 9th June, 1862. HEREAS it is expedient to authorize and facilitate the Preamble. construction of lines of Electric Telegraph in this Province for purposes connected with the military defence thereof: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: Telegraph vince. 1. Her Majesty's Principal Secretary of State for the War Power to conDepartment may construct, hold and work any line or lines of struct lines of Electric Telegraph in and over any part or parts of this Pro- over any part vince, and may acquire and hold all such lands, and may con- of the Prostruct, hold and use all such buildings and other works of any kind whatever, as may be required for the efficient and easy working of the line or lines-and may take, use and occupy for the necessary purposes of any such line of Telegraph, any of the public lands of the Province or any timber or materials from off the same-and may take, use and occupy any other unoccupied and uncleared lands, for the purpose of erecting such necessary fixtures as aforesaid, on any such line, and may take timber and materials for the same from off such land, making compensation when thereunto required for any damages thereby |