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quent upon it, or the verdict or award in the case, or the possession No improve
nement made or title of the said Principal Secretary of State ; nor shall any after the same. improvement made on any real estate after such notice, be taken into consideration in determining the price or compensation to be awarded.
gaid Prible to thior inconsif the $
11. Nothing in this Act shall impair or affect any right or Rights of the power given to the said Principal Secretary of State by the Act War
ment under thirdly cited in the Preamble to this Act or any provision of the Con. Stat. Can. said Act not expressly repealed by or inconsistent with this Act C. 36, not
affected by this which shall be construed as forming part of the said Act, the Act except provisions whereof as hereby amended shall apply to lands taken where under this Act; and the compensation to be paid for the exercise gid of the powers mentioned in the second section of this Act may be agreed upon, and the requisite covenants to keep the land for ever clear of the obstructions mentioned in the notice in that behalf may be entered into, so as to bind all future owners and possessors of the land, by any party who could, under the said Act, convey such lands to the said Principal com Secretary of State,—and such compensation shall be paid to for clearance such party on his entering into such covenant, saving any just mind
whom paya. claim of any other party against him for such compensation or ble. any part thereof.
12. Any authority given by the said Principal Secretary of Delegation of state to any person to exercise any of the powers given by the aver
hr the authority to Act thirdly cited in the Preamble to this Act, shall extend to under 0. 36, to the exercise of the powers given for like purposes by this Act; inclu
> given under and the authority of any officer in Her Majesty's army to exer- this Act. cise any power given to the said Principal Secretary of State by the said Act or by this Act, shall not be called in question, except by some superior officer in Her Majesty's army or by the said Principal Secretary of State.
13. All works connected with the defence of the Province Certain Acts to shall be Public Works within the meaning and scope of chapter appl
for defence. twenty-nine of the Consolidated Statutes of Canada respecting riots near Public Works, and of chapter thirty of the said Consolidated Statutes respecting the sale of Intoxicating Liquors near Public Works; the word “lands” or “real estate” in this Interpretation. Act includes all houses, buildings, or real property of any kind; the citation of the Act first cited, or of the Act thirdly cited in the Preamble to this Act, shall be a sufficient citation of the Act so cited as amended by this Act; and the expression “this Act” in either of the said Acts, shall mean the Act wherein it occurs as amended by this Act.
orks; the wordings, or real peoAct thirdly, the Act
C. S. Can..č. 29 is almost entirely superseded by 32-33 V. c. 24 (Dom.). and 33 V. c. 28 (Dom.) C. S. Can. c. 30 is repealed by 32-33 V. c. 36 (Dom.)
29-30 VICT. CAP. 21.
An Act to amend the Act twenty-ninth Victoria,
chapter seven, respecting works connected with the Defence of the Province.
[Assented to 15th August, 1866.]
Preamble. 29 V. c. 7.
THEREAS it is expedient to remove doubts under the
seventh section of the Act passed in the twenty-ninth year of Her Majesty's Reign, intituled : An Act to extend and amend the Acts respecting Public Works to and with respect to works connected with the defence of the Province, so as to provide for the decision of certain cases not provided for in the said section : Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, declares and enacts as follows:
Provision 1. In any case mentioned in the said seventh section, in made in cases
cases, which a jury had not sat before the passing of the said Act, or unprovided for in the said in which since the passing thereof the jurors have been disAct.
charged as having been tampered with by the party to whom the price or compensation is to be paid, or otherwise through his fault, without rendering a verdict, such price or compensation shall be enquired of and determined by the official arbitrators in the manner provided in other cases in and by the said section and Act.
C. S. C. CAP. 37.
An Act respecting Lands and Real Property held by
the Imperial Authorities for the Naval Defence of the Province.
L] ER MAJESTY, by and with the advice and consent of
the Legislative Council and Assembly of Canada, enacts as follows:
PROPERTY VESTED IN ADMIRALTY COMMISSIONERS.
1. All docks, dock-yards, arsenals, piers, wharves, quays, in tho Com., slips, messuages, lands, lands covered with water, beaches, missioners of the Admiralty. beds of rivers, canals, roads and works connected therewith,
tenements, estates and other hereditaments, real property,
rights, easements and servitudes whatsoever (all which things shall be intended by the words “ Lands and other Real Property ” wheresoever they occur in this Act) within this Province, and immediately before the passing of the Act 14, 15 V. c. 17 (30th August, 1851), vested in Her Majesty, the Lord High Admiral or Commissioners for executing the office of Lord High Admiral aforesaid, or in any other person or persons, officer or officers, commissioner or commissioners in trust for Her Majesty, and set apart, used or occupied for purposes connected with the naval defence of this Province or any other the purposes aforesaid, or placed under the charge or control of the officers of Her Majesty's Navy, or any of them, whether the same became vested in Her Majesty or Her Royal Predecessors for such purposes by the cession of this Province, or have been by Her or them set apart or transferred from the lands, demesnes, or other real property of the Crown, or from the Clergy Reserves, or have been intended to be so set apart or transferred for any of the purposes aforesaid, or have heretofore been purchased for such purposes or any of them, by any officer or other person whomsoever for any such purpose, and paid for out of funds provided for that purpose by the Parliament of the United Kingdom, and surrendered or conveyed to Her Majesty or Her Royal Predecessors, or to some person in trust for Her or them, or have been set apart or transferred, or have been taken for any such purposes under the authority of any Act or law in force in this Province, or in any part thereof, by whatsoever mode of conveyance the same have been purchased and taken, and whether in fee or absolute property, or for any life or lives or term or terms of years, or for any lesser interest, or à titre de cens,—and more especially, but without intending that the enumeration or specification thereof should exclude any other lands or real property within the descriptions aforesaid, the lands and other real property mentioned and described in the Schedule to this Act annexed, and all such lands and other real property, and all others which, having been acquired and purchased or taken for the Crown, and the price or compensation thereof paid out of funds provided by the Imperial Parliament, Her Majesty shall be pleased to direct to be vested as hereinafter mentioned, and all erections and buildings which now are erected or built thereon, whether before or after the said 30th day of August, 1851, together with the rights, members and appurtenances to the same respectively belonging,—and also all the moveable and personal property of Her Majesty held or used for the services and purposes aforesaid, or any of them, are and shall be vested and shall remain vested in the Commissioners for executing the office of Lord High Admiral of the United Kingdom of Great Britain and Ireland for the time being, and their successors in the said office for ever, according to their respective nature and quality, and the several estates and interests therein, subject to the provisions of this Act, and in trust for Her Majesty, Her Heirs and Successors, for the service of the said department, or for such other services as Her Majesty,
Her Heirs or Successors, or the said Commissioners for the time being, may direct;
2. But nothing in this Act shall extend to vest in the said Commissioners any lands or buildings which have been purchased or erected for Provincial purposes with funds provided by the Legislature of this Province, or of either of the late Provinces of Upper or Lower !!! Nadla, unless the same have been lawfully purchased by to conveyed to the said Commissioners under the provisions of some Act or Law in force in this Province, or any lands or buildings belonging to the Civil Government of the Province, notwithstanding that the same may have been under the charge and control, or in the use or occupation of the Lord High Admiral or Commissioners of the Admiralty, or any subordinate or other branch of the Naval Department or any officer or Officers thereof;
this Provinunder the psed by mu nala, inesither of
3. And nothing in this Act shall extend or be construed to extend to vest in the said Commissioners any lands which before the said 30th day of August, 1851, had been granted by Her Majesty or Her Royal Predecessors to any other person or party, unless the same have been, subsequently to such grant, lawfully purchased, acquired or taken for the purposes of the said Naval Department of the public service, nor to impair, diminish or affect any right, title or claim vested in or possessed by any person or party on the said day in or upon any lands or real property whatsoever; nor to give the said Commissioners any greater, or better title to any lands or real property than was then vested in the Crown, or in some person or party in trust for the Crown, to the same.
On death o
th or re. 2. Upon the death, resignation, or removal of any Lord High signation of Admiral, or Commissioners for executing the office of Lord
High Admiral of the said United Kingdom, or any of them, Commissioners all lands and other real property theretofore vested in or held lands to vost by him or them under the provisions of this Act, shall bein successors.
come vested in and shall be held by his or their successors in office, according to the respective nature and quality of the said lands or other real property, and the several estates and interests in the same respectively, in trust as aforesaid.
Public lands 3. All public lands necessary for the erection of any dock,
be grant dock yard, quay, slip, pier, wharf or arsenal, or for the free use ed to Commissioners.
of or approach to such work, or for preserving such work free from obstructions, may, on an Order of the Governor of this Province in Council, be freely granted by Letters Patent under the Great Seal of this Province to the said Commissioners in trust as aforesaid, and being so granted, may be disposed of by them in the same manner as other lands vested in them under this Act ;-and all other public lands may be purchased by and granted to and vested in the said Commissioners in trust as aforesaid, on the payment of the price thereof by the said
Commissioners out of any funds provided for that purpose by the Imperial Parliament.
4. Any lease or conveyance, or any duly authorized contract Leases, &c., for any lease or conveyance of any part of the lands or other now.existing,
mer confirmed. real property vested in the said Commissioners, or of any estate or interest therein, made or entered into before the said 30th August, 1851, by any officer or person under whose control such lands or property were placed, or in whom the same were vested in trust for the Crown, shall be held good and valid by the said Commissioners, who shall be bound to ratify and confirm the same, and to execute all deeds and instruments necessary for that purpose, on the terms and conditions on which such lease or conveyance or contract was made.
5. The said Commissioners may sell, exchange, or in any Power to sell manner dispose of, or let or demise any lands or other real or dispose of
* property vestproperty vested in them, under this Act, or any estate or in- ed by this Act. terest therein so vested, or any of the said moveable or personal property hereby vested in them, either by public auction or by private contract, and may convey, surrender, assign or make over, grant, demise or deliver the same as the case requires) to any party willing to take the same in exchange or otherwise; and they may also grant, dispose of, and do any other matter or thing in relation to any such lands or other real, moveable or personal property, as the said Commissioners deem beneficial for the public service and conducive to the better management and use of the property hereby vested in them, which might be done by any person having an estate or interest in the same of the same nature as that vested or held by the said Commissioners in trust as aforesaid.
6. When any moneys arise or are produced by the sale or Moneys arisexchange, demise or disposal of any such lands, or other real ing from sale,
&c., of properproperty as aforesaid, sold or exchanged, demised or disposed ty, to be paid of under the provisions of this Act, such moneys shall be paid as Commis
sioners may by the purchaser, or the person making such exchange, or to direct. whom the same are demised or disposed of, to such person or officer as the said Commissioners appoint to receive such moneys, for such purposes as Her Majesty may direct; and the receipt of such person or officer as aforesaid (such receipt being endorsed or written upon or subjoined to the conveyance, surrender or assignment, lease or other instrument, or an authentic copy thereof) shall effectually discharge the purchaser or person by whom or on whose account such moneys are paid.
SETTING OUT AND ACQUIRING LANDS REQUISITE FOR NAVAL
7. The said Commissioners, and their Surveyors and work- Commissioners men may,—at any time or times during the day, upon giving may enter
B upon and sur. seven days' notice in writing for the first time, and afterwards vey lands. and from time to time forty-eight hours' notice in writing, such respective notices to be given either to the owner or occupier