Page images
PDF
EPUB

of the lands in question, or to be posted up in some conspicuous part of such lands,—enter into and upon any lands within this Province, for the purpose of surveying and valuing the same lands, without being deemed trespassers, and without being subject or liable to any fine, penalty or punishment on account of entering or continuing upon the said lands, or any part or parts thereof, for the purposes aforesaid.

veyances and make contracts.

Commissioners 8. The said Commissioners may, from time to time, contract may take con- f

à for the purchase of and take for and on behalf of Her Majesty,

any lands or other real property, or any lease for or other interest in the same, which are in their judgment desirable to be purchased or taken for the service of the said Naval Department of Her Majesty's service, or the Defence of this Province, upon such terms as to the said Commissioners for the time being seem meet, and may enter into any contracts necessary for that purpose ;-and all such lands or other real property, estate, or interest therein so to be purchased, shall be conveyed, granted or surrendered to the said Commissioners in trust as aforesaid.

Parties em 9. All persons, bodies politic or corporate, or ecclesiastical or powered to sell. sisi

civil, and all trustees and feoffees in trust for charitable and other purposes, and all executors, administrators and curators, not only for and on behalf of themselves, their successors, heirs, executors, administrators and curators respectively, but also for and on behalf of cestui que trusts, whether infants, femes-covert, idiots, lunatics, or persons not born or not ascertained, or out of this Province;

Tenants for 2. And also all tenants for life, or for years absolute or deterlife.

minable upon any life or lives, or in substitution (grevés de sub

stitution) or otherwise; Persons hav., 3. And all persons having any other description of any paring & qualibed tial or qualified estate or interest, not only for and on behalf of estate, &c.

themselves, their executors, administrators, curators and issue, but also for and on behalf of the persons entitled in remainder, reversion, expectancy or contingency, or for any other future estate or interest, or where such person or any of such persons, whether entitled to the next or any subsequent estate or interest, or any part thereof, are not ascertained, or are incapable of

contracting or settling; Guardians, &c. 4. And all guardians on behalf of their respective wards, hus

bands on behalf of their respective wives, committees on behalf of the persons of whose estates they are committees, and the executors, administrators, curators and issue of such wards, wives

or persons respectively ; Married Wo. 5. And all femes-covert entitled in their own right to any such men, &c.

lands or to dower or other interest therein, on behalf not only of themselves, but also of their respective heirs, executors, admin. istrators, curators and issue;

6. And also where such wards, wives, persons or femes-covert The same. respectively, are tenants for life or in tail, or for years absolute or determinable upon any life or lives, or otherwise, or have any other description of partial or qualified property, estate or interest, such guardians, husbands, committees, femes-covert, on behalf of the person or persons on behalf of whom such wards, wives, persons or femes-covert respectively, if of full age, unmarried, or of sound mind, might have contracted for the sale and have sold the same lands or any of them ;

7. And all and every other persons and person whomsoever, Other parties. seized or possessed of, or interested in all or any of the said lands, or entitled to any subsisting estates, leases, terms, shares and interests therein, which the said Commissioners think necessary for the public service;

8. May contract and agree with the said Commissioners for Power to the absolute sale to them of all or any of the said lands, and contract. all estates and interests therein, may convey the same and the fee simple or absolute property thereof to the said Commissioners for such compensation, equivalent or satisfaction in money or lands, or any estate or interest in lands, or partly in money and partly in lands, or any estate or interest in lands, as to the contracting parties seems expedient and reasonable ;

9. And all contracts, agreements, acts, conveyances and deeds Contracts, &c. made or executed by such contracting, conveying or selling to be valid. persons as aforesaid, shall be as valid and effectual as if such persons were the absolute owners, and seized in fee simple of the lands so conveyed by them respectively, and such persons are hereby indemnified for or in respect of any such sale which they respectively make in pursuance of this Act.

elands a excb

[ocr errors]

10. The said Commissioners may give in exchange for any Commissioners lands taken for the purposes of this Act, any lands in the same na vicinity belonging to Her Majesty and vested in the Principal otc. Secretary of State for the War Department, with the previous consent of the said Secretary.

u. After the setting apart, grant, purchase, conveyance, Lands heredemise or taking thereof, all lands and other real property, after purchasestate or interest therein at any time granted to or purchased in

in Commis

ed to be vested or taken by the said Commissioners, or by any person or per- sioners. sons for them, for the service of the said Naval Department, or surrendered to or taken by Her Majesty, or purchased or taken by any person in trust for Her Majesty for such service under this Act, or of any other law, and all erections and buildings then or thereafter erected or built thereon, with the rights, members and appurtenances to the same respectively belonging, shall in like manner be, become and remain vested in the said Commissioners and their successors in the said office according to the nature and quality of the said lands and real

property, or the several and respective estates and interest of and in the same respectively and in trust as aforesaid.

Compensation 12. Every person hereinbefore capacitated to contract for for lands, how fixed.

and sell and convey any such lands as aforesaid, and any owner thereof, or of any share or interest therein, or charge thereon, may accept and receive such satisfaction and recompense for the value thereof, and such person or owner, and also any tenant or other occupier of any such land entitled to any compensation for tenant's fixtures, or for any goodwill or improvements, or for any injury or damage sustained on account of the execution of this Act, or in anywise relating thereto,-may accept and receive such sum of money in respect thereof as is

agreed upon between them respectively and the said CommisDisputes to be sioners, and in case the said Commissioners and the parties insettled by jury. terested in such lands or fixtures, goodwill or improvements,

or sustaining any such injury or damages as aforesaid cannot or do not agree as to the amount or value of such recompense, satisfaction or compensation, the same respectively shall be ascertained and settled by a Jury in manner hereinafter directed

their claims.

'Before the end 13. Before the expiration of three months next after notice of three in writing from the said Cominissioners for the time being, or notice by us their Secretary, or from their Agent duly authorized, of the Commission. intention to purchase, take or use any lands for the purposes org, all parties of this Act 1 interested

107 of this Act, has been given to the persons hereby or otherwise must send in capacitated to sell, or to their officer or agent, or to the owner

of such lands, or in case he cannot be found or ascertained, left at his usual or last known place of abode, or with the tenant or occupier of the same lands, or affixed upon the same premises (and for the purpose of this Act any person hereby capacitated or otherwise enabled to sell shall be deemed the owner of such lands),-all owners and other persons seized, possessed of or interested in, or authorized by this Act or otherwise to accept and receive recompense or compensation for the value of the same land, or of any estate, share or interest therein, or claiming to be entitled to any compensation for any goodwill or improvements or for fixtures, or for injury or damage sustained on account of the execution of this Act, or in anywise relating thereto, shall deliver or cause to be delivered to the said Commissioners, in the manner hereinafter provided by the forty-eighth section of this Act, for the service of process and other proceedings upon them, a statement in writing of the particulars of the estate, share, interest, charge, fixtures, goodwill or improvements which they claim to be entitled to, or to compensation for, and of the injury and damage sustained by them and of the amount of money which they are willing to receive for the sale and in satisfaction of such their estate, share, interest, claim and demand as aforesaid;

Certificate re. 2. But no such lands or other real property shall be so taken quired before in absolute property without the consent of some party who

om parties

might under this Act convey the same, nor for any term of lands are taken years or other term without the consent of some party who h might have demised the same for such term, unless the necessity not absolute. for taking the same be first certified under his hand and seal by the Commander in Chief or Senior Naval Officer of Her Majesty's Naval Forces on the Lakes of Canada, or unless an enemy has actually invaded this Province when such lands or real property are so taken.

14. In all cases where any lands or real property have been Commissioners demised to or taken by the said Commissioners for any term of may remove

buildings years, or for such period only as the exigencies of the public erected by service require, the said Commissioners, notwithstanding any- them on lands

demised to thing in this Act, or in any other, may, at any time before they them. deliver up possession of the same, take down and remove all such buildings or other erections built or erected thereon for the public service, after such lands or real property was or were demised or taken by the said Commissioners, and may carry away, sell, or dispose of the materials thereof, making such compensation to the owner of such lands or real property, or the person authorised 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 the said Commissioners think reasonable, or as is agreed upon in that behalf;

2. And if the owner or person authorized to act on his behalf Compensation

w the sig for damages, is not willing to accept the compensation so offered, the said for

u how deter Commissioners may apply to and require any two Justices of mined. the Peace for the district, county, city or place, to settle and ascertain the compensation which ought to be made for such damages 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 forth with paid by the said Commissioners to the person or party entitled to the same; But nothing in this Act contained shall extend to alter, prejudice or affect any agreement entered into by the said Commissioners with the owner of any land or real property, or any person authorised to act on his behalf, with regard to any such building or erections, but every such agreement shall remain valid and effectual according to the intent and purport thereof.

agres no

upon

15. If any person hereby or otherwise capacitated to sell Proceedings if

i parties refuse any land so required by the said Comunissioners, or interested . in any share or estate therein, or charge thereon, or in any im- compensation. provement, goodwill, fixtures or damages, neglects or refuses to treat, or does not agree in the premises, or by reason of absence or disability is prevented from treating with the said Commissioners for the sale and disposal of his estate and interest therein, or the estate and interest which he is hereby capacitated to sell, or for compensation for any such goodwill, fixtures, damages or improvements as aforesaid, or cannot be

found or known, or does not produce or evince a clear title to the premises he is in possession of, or to the interest be claims, to the satisfaction of the said Commissioners, or, by reason of any impediment or disability not provided for by this Act, is incapable of effectually making such agreement or sale thereof, or in any other case where agreement for compensation for any goodwill, improvements or fixtures, or for damages incurred in the execution of this Act cannot be made, or if the said Commissioners are not apprised to their entire satisfaction who is the person entitled or by this Act capacitated to sell,—then, on the requisition of the said Commissioners, the Governor of this Province, being satisfied of the facts aforesaid, may require any Sheriff of the district, county, city, town, or place where such lands or other real property lie, to cause the said Commissioners to be put in possession thereof, which such Sheriff shall accordingly do by issuing a warrant under his hand and seal, taking with him sufficient assistance;

Sheriff to sam. 2. And the said Sheriff or his deputy shall suminon twentymon Jurors. four persons qualified to be Special Jurors, who stand first in

order on his lists, to be and appear at the Court House of the county or district, 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 the said Commissioners or such person or persons as they may appoint in manner in the forty-eighth section hereinafter mentioned, 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;—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, but not to the array ;

Proceedings of 3. And the said Jury being sworn before the Sheriff (or his the Jury.

deputy) authorized to issue the warrant of possessiun (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), shall, on hearing the witnesses and the evidence adduced before them, inquire of and determine the price and compensation which shall be paid by the said Commissioners, 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 as aforesaid, with the costs to be ascertained as hereinafter mentioned.

Jurors do not

If sufficient 16. In case a sufficient Jury to take the inquisition does not

pt appear upon the return of the Sheriff's summons, the said Sheriff attend, pro- aPA ceedings may or Deputy Sheriff shall, from time to time, until a sufficient be adjourned. Jury has been obtained by the means aforesaid, adjourn the in

quiry to any future day not exceeding fourteen days nor less than four days from the adjournment thereof,—and when a sufficient number of Jurors shall appear, he shall proceed to swear

« PreviousContinue »