connected with the improvement of the Province; such Board to consist of a Chief Commissioner and two other persons, being members of the Executive Council.

2. The Chief Commissioner shall annually make a Report to the Governor in Council of all the Great Roads, and any other Provincial Work upon which public money is expended, for the purpose of being laid before the Legislature, with a detailed account of the expenditure of the past year, and the amount required for the next year, specifying the objects thereof.

3. The Board may employ the necessary officers and servants, to be approved of by the Governor in Council, who shall define their duties and fix the compensation for their services.

4. The Board may require the attendance of any person as a witness, and examine him on oath touching any matter over which they have control, or relating to the expenditure of any public money thereon, and may require the production of any books, papers, or things relating thereto. If any person, on being tendered his reasonable expenses, neglect to attend the summons of the Board, or any member thereof, he shall be subject to a fine not exceeding ten pounds, with costs to be taxed by the Judge, for every neglect or disobedience of the summons, which any Justice of the Supreme Court may impose on the application of a member of the Board, and on proof before such Judge that the person had due notice in writing, and was tendered his reasonable expenses, unless he shews sufficient excuse for non-attendance to the satisfaction of the Judge. If he neglect to pay the fine, the Judge may, by warrant under his hand directed to any Sheriff, commit him to gaol for any term not exceeding thirty days, unless the fine be sooner paid with costs.

5. All fines collected under the authority of this Act shall be paid to and accounted for by the Chief Commissioner.

6. The Chief Commissioner may administer an oath to any person accounting to the Board or giving evidence, if the Board deem it necessary for the public interest.

7. The Chief Commissioner shall, in addition to any power conferred by this Act, have all the power and authority of a Supervisor.

8. All moneys received and expended by the Board shall be accounted for in the same manner as other public moneys.

9. The Governor in Council shall by Warrant on the Treasury in favour of the Chief Commissioner, draw any moneys requisite to pay the necessary expenses of the Board.

10. All contracts made by the Chief Commissioner shall be made in the name of Her Majesty.

11. The Governor in Council may alter the mode and time of appointment, and duration of the office and amount of the remuneration of the Supervisors, any law to the contrary notwithstanding.

12. No member of the Board, except the Chief Commissioner, shall receive any salary or compensation for his services as such.

13. The Chief Commissioner shall receive the annual salary of six hundred pounds, payable quarterly by Warrant of the Governor in Council on the Treasury.

CAP. VIII.

An Act to alter the line of the Great Road from Lower Trout Brook Bridge to the Town of Magaguadavic.

Line of Road altered.

Passed 3rd April 1855.

BE it enacted by the Lieutenant Governor, Legislative Council, and Assembly, That so much of Chapter 65, in Title IX, of the Revised Statutes, as describes the line of the Road from Lower Trout Brook Bridge on the Great Road between Saint Andrews and Fredericton, by the second Falls of the River Magaguadavic, on the western side of the said River, to the Town of Magaguadavic, be and the same is hereby repealed, and in lieu thereof the said Great Road shall hereafter run from the Lower Trout Brook Bridge on the Great Road between Saint Andrews and Fredericton, by the second Falls of the River Magaguadavic, on the western side of the said River, to the Young Bridge, so called, thence crossing the River and extending on the eastern side of the same to the Town of Magaguadavic.

CAP. IX.

An Act concerning Tender in Actions at Law and Suits

Section.

in Equity.

Section.

1. Consent to judgment for a sum certain. 3. No consent not accepted to be evidence. 2. Costs, if no more be recovered.

Passed 3rd April 1855. BE it enacted by the Lieutenant Governor, Legislative Council, and Assembly, as follows:

1. From and after the passing of this Act, whenever any defendant in any Action at Law, or in any Suit in Equity, wherein debt or damages only are sought to be recovered, pending in any Court in this Province, shall file in the office of the Clerk of the Court in which such suit or action is pending, or with the Justice in case the suit is pending in the Court of any Justice of the Peace, an offer and consent in writing to suffer judgment by default, and that judgment shall be rendered against him as debt or damages for a sum by him specified in the said writing, the same shall be entered of record, together with the time when the same was tendered, and the plaintiff or his Attorney may, at any time within ten days after he has received notice of such offer and consent, file as aforesaid a memorandum in writing of his acceptance of judgment for the sum so offered as debt or damages, and judgment may be entered up accordingly, with costs; or if after such notice any Judge of the Court in which such offer shall be made, shall for good cause grant the plaintiff a further time to elect, then the plaintiff may signify his acceptance as aforesaid, at any time before the expiration of the time so allowed, and judgment may be rendered upon such acceptance as if the ассерtance had been within ten days as foresaid; provided always nevertheless, that nothing herein contained shall extend or be construed to extend to actions of replevin.

2. Whenever in the final disposition of any such suit or action as is named in the preceding Section, such offer and consent as is therein named shall have been made by the defendant, and the plaintiff shall not recover a greater sum than the sum so offered, not including interest on the sum recovered in debt or damages from the date of such offer, the defendant shall have judgment against the plaintiff for his costs by him incurred after the date of such offer, and execution shall issue

therefor; and the plaintiff, if he shall recover any debt or damages, shall be allowed his costs only up to the date of such offer and consent.

3. No offer or consent made in accordance with the aforegoing Sections, which shall not be accepted, shall be evidence against the party making the same, either in any subsequent proceeding in the action or suit in which such offer is made, or in any other action or suit.

CAP. X.

An Act to authorize the opening of a Street from Church Street to Princess Street in the City of Saint John.

WHEREAS the opening of a Street from Church Street to Princess Street in the City of Saint John, is deemed bighly expedient and necessary ;—

Be it therefore enacted by the Lieutenant Governor, Legislative Council, and Assembly, as follows:

1. It shall and may be lawful for the Governor in Council to nominate and appoint, and also to re-appoint and supply as it may be necessary or expedient, three or more discreet and disinterested persons, Commissioners for the purpose of performing the duties hereinafter in that behalf prescribed, which said Commissioners before they enter on the performance of the duties of their appointments, shall severally take and subscribe an oath or affirmation before any Justice of the Peace in and for the City and County of Saint John, faithfully to perform the trust and duties required of them by this Act.

2. A Street to be called Canterbury Street, shall be opened in the City of Saint John from Church Street to Princess Street, and the western line of such street shall start from a point on Church Street one hundred and ninety feet from Prince William Street, and run parallel to Prince William Street to a point on Princess Street, one hundred and ninety feet from

Prince William Street, and the said street shall be opened throughout not less than fifty feet wide, easterly from such line; and it shall be the duty of such Commissioners forthwith to enter on the duties of their appointment, and cause a survey and plan of the said proposed street, and the several lots of land fronting thereupon, to be made and prepared, and for that purpose the said Commissioners shall have full power and authority to enter in and upon the lands and tenements situate or being upon or near to the said street, or for any other purpose connected with the opening of such street.

3. The said Commissioners so soon as they shall have caused such survey and plan to be made, shall proceed to make a just and equitable estimate of the value of the lands, tenements, and hereditaments required for opening the said street, and shall assess and apportion seven eighths of the amount of such estimated value on all the parties owning or interested in any lands, tenements, and hereditaments fronting on the said street, or in the discretion and opinion of the Commissioners directly benefited thereby, according to their best discretion, in proportion to the benefit accruing to such parties respectively from the opening of the said street, and shall thereupon file the said plan with the Common Clerk of the said City, as and for a record of their doings in that respect; and shall forthwith report their proceedings, and all matters and things connected with their duties as such Commissioners, to the Common Council of the said City; and in the said report the Commissioners who shall make the same shall set forth the names of the respective owners, lessees, parties, and persons entitled unto or interested in such lands, tenements, hereditaments, and premises mentioned in the said report, and each and every part and parcel thereof, as far forth as the same shall be ascertained by them, and an apt and sufficient designation or description of the respective lots, or parcels of lands, or other tenements, hereditaments, and premises that may be required for the purpose of opening the said street, and also of the said respective lots or parcels of land, and other tenements, heredi'aments, and premises fronting upon the said street, so assessed by the said Commissioners for the said benefit as aforesaid, and also the several and respective sums estimated and assessed as and for the compensation and