sation for a new in its seventh section that upon payment or tender in manner as therein mentioned to the tenants or proprietors of the soil, of the sum awarded to them by the verdict of a jury, as compensation for damages sustained by the running of a new line of road over their lands, the right of highway in and over such lands shall be and remain vested in the Crown; provided, that no such payment should be made to the proprietor or tenant until the lands shall have actually been taken possession of for the said highway: and whereas also the said recited Act subsequently, in the sixteenth and subsequent sections, enacts the mode in which, by the examination and statement of three commissioners appointed as therein mentioned, the damages or advantages, if any, accruing to persons through whose lands highways not exceeding five miles in length shall be laid out, or be sought to be laid out, in like manner by its nineteenth section enacts, that immediately upon payment to, and receipt by, the party or parties to whom compensation shall be awarded by the commissioners so appointed, or in case such party or parties shall refuse to receive such compensation, or in case no person or persons shall appear to claim such compensation as aforesaid, within the time limited by the said recited Act for an appeal against the award of such commissioners, then and in every such case the right of way over such land or over so much thereof as shall be owned by the party accepting such compensation, and over so much thereof as shall be owned by such party refusing such compensation, as also over so much of such lands as shall not be claimed by any owner, shall respectively become vested in the Crown to and for the purposes of such road: and whereas it sometimes happens, that the tenants or proprietors of the soil of the lands over which any highway is laid out, under the said recited Act, notwithstanding the provisions of the said Act hereinbefore recited, and although the amount of compensation or damages awarded to them by the verdict of the jury, or of the said three commissioners, as the case may be, may be paid, or tendered to be paid to them, refuse to throw open the line of the highway, as laid out, and continue to obstruct the free use thereof by the public, as contemplated by the said Act; and it is necessary and desirable, that such conduct should be punished by fine: I. Be it therefore enacted, by the Lieutenant Governor, Where compen- Council and Assembly, That in all cases where compensation line of road has has been, or hereafter shall be awarded, under the said recited been awarded, Act, either by the verdict of a jury or of the Commissioners appointed as therein mentioned, to any party or parties, on account of the running of a new line of highway over land owned or occupied by him, her or them, and the amount thereof has been or shall be paid or tendered to such party or &c., to persons over whose land same shall run; Public may make use of the new line of road as an ordinary highway, &c. parties, or in the event of no owner or owners, lessee or lessees, agent or agents of any owner or owners, lessee or lessees of lands appearing, or being found, to whom the compensation may be tendered or paid, where the amount thereof remains at the disposal of the Lieutenant Governor in Council, as pointed out in the said recited Act, thereupon and from time to time, and at all times thereafter, it shall be lawful for the Commissioner of highways for the district wherein the new highway, or any part of it is, or may be situate, and for all other of Her Majesty's subjects, to enter into and upon, and make use of such new line of highway as in all other cases of established highways, and to destroy and remove all nuisances or obstructions thereon; and if any such party or parties, to whom such amount of compensation money has been or shall be paid sons obstructor tendered as aforesaid, or any other person, shall obstruct ing the same. the said highway, or the free passage of the public thereon, either by putting up, keeping or retaining fences or any other obstructions across the said road, or in any other way, such party or parties shall be liable to a fine not exceeding ten pounds, in the discretion of the Justices before whom the case shall be tried, for each and every such obstruction; and for every twenty-four hours that such obstruction shall be retained Penalty on per or continued; the said fine or penalty to be sued for by, and Mode of recoin the name of the Commissioner of the road district wherein vering penalty. the line of highway, or the part thereof obstructed, shall be situate, before two or more of Her Majesty's Justices of the Peace for the County, and to be levied on the goods and chattels of the party or parties offending; and in default of sufficient goods and chattels, then the offender to be committed to the County jail for such period as the Justices, in their discretion, shall ordain, not exceeding, in each case, two months. II. Payment or tender of any sum awarded as compensa- When sum tion to the proprietor or tenant of land, over which a new line awarded for of road is intended to pass, may be made, if it be found advi- compensation sable, before the same is taken possession of for the said high- may be paid. way; any thing in the said recited Act to the contrary notwithstanding; but any party or parties, receiving payment of the compensation money awarded to him, her or them, shall be stopped from disputing the regularity of the proceedings taken under the said recited Act, in order to lay off the said new line of road, in respect of which compensation has been awarded to him. III. This Act shall extend to offences hereafter to be committed or continued with respect to roads, or intended lines of highways, or roads which have been laid off, or to lay off which proceedings have been commenced or taken under the said recited Act, previous to the passing of this Act, as well to highways or roads hereafter to be laid off, or to lay off as This Act to ex tend to future offences committed under 14 Vic. c. 1; but not to of fences commit ted before the passing of this Act. which proceedings shall hereafter be taken as aforesaid; but no person shall be liable to be fined under this Act for any offence committed previous to the passing thereof: provided that nothing in this Act shall extend or be construed to extend to any suit now pending or commenced in any Court, against any person or persons, for refusing to throw open such new lines of road; but such suits or actions shall be followed pending suits. up and completed in the Courts in which such suits shall have been commenced. Not to affect not to pay to landlord rent for land taken from him for highways. IV. Where land held by a tenant or lessee, under lease or Tenant or lessee agreement, or a part thereof, shall be laid off or taken for a line of highway or road, under the said recited Act, the tenant or lessee shall be discharged from any further or future payment to the lessor or landlord of the rent reserved and payable in respect of the said land, or of a part or proportion thereof, according to the extent and area of the land taken for the highway or line of road; and the landlord or lessor shall only be entitled to recover and receive a just proportion of the entire rent reserved in the lease or agreement, according to the quantity of land comprised therein, which shall remain in the possession of the lessee or tenant, after deducting the amount taken for the highway or line of road from the whole quantity originally held or demised under the lease or agreement, upon the certificate of a sworn surveyor of the quantity of land taken for the highway or line of road. Party aggrieved by any ad judication under this Act may appeal to the Supreme Court, &c. V. It shall be lawful for either the plaintiff or defendant, in any case adjudicated under the provisions and by the authority of this Act, to appeal to the Justices of Her Majesty's Supreme Court of Judicature, within six days from the time of such adjudication, in the manner permitted to any plaintiff or defendant, in and by the Act of the General Assembly of this Island, passed in the sixteenth year of her present Majesty's reign, chapter eighth, and upon complying with the provisions of the said Act regarding appeal; and the Justices of the said Court may, and they are hereby authorized and empowered, in their discretion to affirm, quash or otherwise alter ing appeal, &c. or vary the judgment given below, and make such order therein with respect to the same, and the costs thereof, and of the appeal, as shall seem reasonable, according to the facts appearing before them at the hearing of the appeal, and thereupon to enforce their said judgment in the way and manner prescribed in and by the said last hereinbefore recited Act. Power of Su preme Court, &c., on hear Continuance of Act. VI. This Act shall continue and be in force so long as the Act, of which this is an amendment, shall be in force, and no longer. CAP. XXVIII. An Act relating to the Legislative library. [Passed April 17, 1855.] HEREAS it would be more convenient if the general management of the Legislative library were given to the Lieutenant Governor and Council: brarian to the Legislative library. I. Be it therefore enacted, by the Lieutenant Governor, Lt. Governor Council and Assembly, That from and after the passing of to appoint lithis Act, it shall and may be lawful for the Lieutenant Governor in Council to nominate and appoint a fit and proper person to act as librarian to the Legislative library; and such librarian shall hold office during pleasure; and his duties shall be defined and prescribed; and the said library shall be generally managed by the said Lieutenant Governor and Council, under such rules and regulations as may be prescribed by the joint Committee of the Legislative library for the time being. II. The sum of forty pounds per annum, payable quarterly Salary of by warrant on the treasury of this Island, shall be allowed to librarian. the person holding the office of librarian under this Act. CAP. XXIX. Vic. c. 7. An Act to continue and amend the Act relating to the Her- Repealed by 24 ring and Alewives' fisheries in this Island. CAP. XXX. An Act to continue an Act to prevent the running at large of 10 Vic. c. 7. hogs within the Town, Common and Royalty of Charlotte town. This Act remains in force, so far as it relates to the Royalty, and is printed in the volume of private and local Acts, pursuant to Act 24 Vic. c. 3. CAP. XXXI. An Act to authorize remuneration to the members of the Legislative Council for their services in the General Assembly. This Act was limited in its operation, being declared to be in force only until the issuing of the writ for the next general election of members to serve in the General Assembly of this Island; and new writs for such election having issued on the 10th day of May, 1858, the statute then expired. Repealed by 19 Vic., c. 2. CAP. XXXII. An Act to naturalize James Searle Mann. This Act has been printed in the volume of private and local Acts, pursuant to Act 24 Vic. c. 3. CAP. XXXIII. An Act to amend the laws now in force relating to the sale by license of spirituous liquors. Amended by 19 Vic. c. 18, and 24 Vic. c. 15. CAP. XXXIV. An Act to incorporate the town of Charlottetown. This Act remains in force, but has been printed in the volume of private and local Acts, pursuant to directions of Act 24 Vic. c. 3. Expired. Executed. CAP. XXXV. An Act for raising a revenue. CAP. XXXVI. An Act for appropriating certain moneys therein mentioned, for the service of the year of our Lord one thousand eight hundred and fifty-five. |