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I.

Chapters and parts of Chapters of the Third Series of the Revised Statutes.

CHAPTER 22.

OF THE PENITENTIARY.

ing dismissed,

2. If any officer on being dismissed shall not quit the Mode of remov Penitentiary and give up possession of any building or apart- officers. ment belonging thereto within a period to be fixed by the Board of Works, any justice of the peace shall, on application of the Board, by warrant, direct the Sheriff to remove such person out of the Penitentiary, or any building or apartment belonging thereto, in like manner as upon a writ of habere facias possessionem.

Convicts, how tried; register,

19. Every convict or person who shall commit any offence mentioned herein, for which he is not liable to be summarily evidence of its convicted, may be tried before the Supreme Court at Halifax contents. or in the county in which he shall be taken; and in case of any prosecution for any such offence, a copy properly attested of the order of commitment to prison with proof that the person in question is the same who was delivered with such order, and the production of the register of the prison shall be sufficient evidence of all the facts entered in such register as to such convict, without the production of any other proof that such convict had been convicted of felony and legally sentenced to imprisonment in the Penitentiary.

21. The laws for protecting justices in the execution of Protection of their office shall extend to the Board and the keepers of the board and Penitentiary.

keepers.

22. All actions and prosecutions for anything done in pur- Limitation of suance of these provisions shall be laid and tried in the county actions, where the act was committed, and shall be commenced within six months thereafter.

regulated.

23. Any person convicted of felony under these provi- Imprisonment sions shall be liable to imprisonment in the Penitentiary for a term not more than fourteen years nor less than one year, as the court shall award.

NOTE. The remainder of this Chapter repealed by Section 1 of Chapter 75 of the Statutes of Canada, 1868,-The Penitentiary Act of 1868-and by Chapter 29, Canada, 1869.

Members of

board, &c., may act as justices.

Sable Island

CHAPTER 23.

OF SABLE, SAINT PAUL, AND SCATTARIE ISLANDS, AND OF
LIGHT HOUSES.

3. Every member of the board, and also their superintendent and resident keeper, shall have in every respect upon Sable Island and Saint Paul's Island, and in relation to wrecks or wrecked goods there and elsewhere, the same power and authority as a justice of the peace.

5. In all proceedings in any court, Sable Island shall be held within the County of Halifax, and Saint Paul's Island within the County of Victoria; and any person charged with comwithin Halifax mitting any criminal offence committed thereon, or on the shores, banks or bars thereof, may be proceeded against and tried as if the Islands were actually within the body of such counties respectively.

county.

St. Paul's, Victoria county.

NOTE.-Sections 1, 2 and 4 repealed by Section 11 of Chapter 59 of the Statutes of Canada for 1868. Section 6 obsolete.

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CHAPTER 28.

OF NAVAL PROPERTY.

1. All messuages, lands, tenements, and hereditaments, erections, buildings and property whatever, which have been conveyed to or are vested in any person or persons, or are held or in any manner occupied by or in the name of any person or persons in trust for Her Majesty or her royal predecessors, and her or their heirs or successors for the use of the naval service of the United Kingdom, or of any of the departments of or belonging to the said naval service by whatever mode of conveyance, or by whatever title or for whatever estate or interest therein, the same shall have been conveyed or be vested, held or occupied, together with the rights, members, easements and appurtenances to the same respectively belonging, shall be and

become and remain and continue vested in the Lord High Admiral of the said United Kingdom, or the Commissioners for executing the office of Lord High Admiral aforesaid for the time being, according to the respective nature and quality of the said messuages, lands, tenements and hereditaments, and the several estates and interests of and in the same respectively in trust for Her Majesty, her heirs and successors, for the public

service.

sequently pur

2. From and after the purchase and conveyance, grant or Also lands subdemise thereof, all other messuages, lands, tenements, and chased. hereditaments which shall at any time or times hereafter be purchased, taken, held or occupied by the Lord High Admiral or the Commissioners for executing the office of Lord High Admiral aforesaid for the time being, or by any person or persons by his or their order for the naval service of the said United Kingdom, or of any of the departments of or belonging to the said naval service, and all erections and buildings which shall then or may be thereafter erected or built thereon, with the rights, members, easements and appurtenances to the same respectively belonging, shall in like manner be and become and remain and continue vested in the Lord High Admiral of the said United Kingdom, or the Commissioners for executing the office of Lord High Admiral aforesaid for the time being, and his or their successors in the said office, according to the respective nature and quality of the said messuages, lands, tenements and hereditaments, and the several estates and interests of and in the same respectively, in trust as aforesaid.

removal. &c., to

3. Upon the death, resignation or removal of the present In case of death Commissioners for executing the office of Lord High Admiral be vested in of the United Kingdom, or of any of them, or of any future successors, such Commissioners, or of any Lord High Admiral of the said United Kingdom, all such messuages, lands, tenements and hereditaments respectively shall become vested in and be held by the succeeding commissioners for executing the office of Lord High Admiral aforesaid, or the Lord High Admiral aforesaid, as the case may be, and so in perpetual succession, according to the respective nature and quality of the said messuages, lands, tenements and hereditaments, and the several estates and interests of and in the same respectively, in trust as aforesaid.

missioners to

4. In all deeds, conveyances, leases, contracts and other Titles of cominstruments touching any estate, property, matter, or thing re- be used in lating to the naval service of the said United Kingdom, deeds, &c. or to any department under the control of the Commissioners for executing the office of Lord High Admiral aforesaid, or whereto they or any of them shall be parties, it shall be suf

Powers of com. missioners, &c., to sell, lease,

&c.

actions.

ficient to describe them generally by the style and title of " the Commissioners for executing the office of Lord High Admiral of the United Kingdom of Great Britain and Ireland," without expressing their names; and all such goods, conveyances, leases, contracts, and other instruments, wherein the said Commissioners shall be so described, and the execution or signature thereof by any two of them, shall be as valid and effectual to all intents and purposes as if they or any of them had been expressly named therein and had executed or signed the same.

5. It shall and may be lawful for the Commissioners for executing the office of Lord High Admiral aforesaid for the time being, or any two or more of them, or the Lord High Admiral aforesaid, to sell, exchange, or in any manner dispose of or let, or demise any of the messuages, lands, tenements, and hereditaments respectively which shall be vested in them under or by virtue of this Chapter, with their respective appurtenances, either by public auction or private contract, and in due form of law to convey, surrender, assign, or make over or to grant or demise the same respectively, as the case may require, to any person or persons who shall be willing to purchase or take the same respectively, and also to do any other act, matter or thing in relation to any such messuages, lands, tenements and hereditaments which they or he shall deem beneficial for the public service in relation thereto or for the better management thereof, which might be done by any person or persons having a like interest in any such messuages, lands, tenements or hereditaments.

Commissioners 6. It shall be lawful for the said Commissioners for exe&c., may prosecute and defend cuting the office of Lord High Admiral aforesaid for the time being, or the Lord High Admiral aforesaid for the time being, and they are hereby authorized and empowered to bring, prosecute, and maintain any action, suit, or other proceeding at law or in equity, for recovering possession of any messuages, lands, tenements, or hereditaments, by this Chapter vested in them or him as aforesaid, and to distrain or sue for any arrears of rent which shall have or shall become due for or in respect thereof, under any demise from the said Commissioners or Lord High Admiral, or any person or persons on their or his behalf, or on behalf of Her Majesty, and also to bring, prosecute, or maintain or to defend any other action or suit in respect of or in relation to the said messuages, lands, tenements or hereditaments, or any tresspass or encroachment committed thereon, or damage or injury thereto; and that in every such action or suit the said Commissioners shall be called "the Commissioners for executing the office of Lord High Admiral of Great Britain and Ireland," without naming them; and no such action or suit shall abate, by the death, resignation or removal of such

Action not to

abate on death,

Commissioners, or any of them, or of such Lord High Admiral, any law, custom, or usage to the contrary notwithstanding and the said Commissioners or Lord High Admiral shall be entitled to recover costs for and on behalf of Her May recover and be liable to Majesty where judgment shall be given for the Crown, and pay costs. shall be liable to pay costs where judgment shall be given against the Crown, in any such action, suit, or other proceeding in like manner, and subject to the same rules and provisions as though such action, suit, or other proceeding had been had between subject and subject.

CHAPTER 32.

OF AN ELECTRIC TELEGRAPH FOR MILITARY PURPOSES.

of telegraph

1. It shall be lawful for Her Majesty the Queen, or any Building of line officer duly authorized by her, to cause to be built and estab- authorized. lished a line of electric telegraph, to commence in the City of Halifax and extend thence through and along the Province of Nova Scotia till it shall reach the boundary line dividing the said Province from the Province of New Brunswick.

placed.

2. Such line may be built along the side of any public where to be highway, street or railway, either above ground or under, provided it does not interfere with the right of travelling thereon or the posts and wires of the Nova Scotia Electric Telegraph Company.

S. E. Telegraph

3. All powers, advantages and facilities provided or given Privileges of N. by the Act to incorporate the Nova Scotia Electric Telegraph given to Her Company, and all acts in amendment thereof, and all privi- Majesty. leges enjoyed by that company for building and maintaining lines of electric telegraph in the Province of Nova Scotia, so far as the same are or may be applicable or required for building and maintaining a line from Halifax to the boundary of New Brunswick, are hereby given and granted to Her Majesty or any officer duly authorized by her in that behalf, and all persons acting and maintaining said line, subject, nevertheless, to all conditions and restrictions imposed upon such company.

ties, &c., for telegraphs, &c.,

4. All remedies, fines, pains, penalties, and forfeitures pro- All fines, penalvided by the Act for incorporating the Nova Scotia Electric protection of Telegraph Company, and the acts in amendment thereof, passed to apply to this or to be passed during the present session of the legislature, and all acts passed for the protection of electric telegraphs, for

line.

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