ANNO DECIMO TERTIO VICTORIA REGINÆ. SECOND SESSION-1850. At the General Assembly of Her Majesty's Island of PRINCE САР. І. An Act for raising a revenue and appropriating part of the Expired and executed. same. CAP. II. An Act to continue several Acts which are near expiring. Expired. ANNO DECIMO QUARTO VICTORIA REGINÆ. 1851. BANNERMAN, Knight, Lieut. Governor. At the General Assembly of Her Majesty's Island of PRINCE EDWARD, begun and holden at CHARLOTTETOWN, the fifth day of March, Anno Domini 1850, in the thirteenth Sir ALEXANDER year of the Reign of our Sovereign Lady VICTORIA, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith: And from thence continued, by several prorogations, to the President of twenty-fifth day of March, 1851, and in the fourteenth year of her said Majesty's reign; being the third session of the eighteenth General Assembly convened in the said RAE, Speaker. Island. R. HODGSON, Council. ALEXANDER CAP. I. Amended by 18 An Act to regulate the laying out and altering of highways. Vic. c. 27. WH HEREAS it is deemed expedient to consolidate and reduce into one Act the several Acts of the General Assembly of this Island, relating to the laying out and altering of highways: Be it therefore enacted, by the Lieutenant Governor, Council, and Assembly, That from and after the passing of this Act, the several Acts hereinafter mentioned shall be, and the same are hereby respectively repealed, that Continued by 24 Vic. c. 23. Repeals 10 G. 4, c. 10; also, 3 W. 4, c. 9; also, 4 W. 4, c. 16; also, 5 W. 4, .8; also, 1 Vic. c. 16; also, 5 Vic. c. 22; also, 6 Vic. c. 22; also, 8 Vic. c.5; is to say: -an Act made and passed in the tenth year of the reign of King George the Fourth, intituled "An Act to regulate the laying out and altering of highways, and toprovide a mode of obtaining compensation for those who may thereby be injured, and to cause those who are benefited thereby to contribute towards their formation;" an Act made and passed in the third year of the reign of his late Majesty King William the Fourth, intituled "An Act to explain and amend an Act passed in the tenth year of the reign of his late Majesty King George the Fourth, intituled 'An Act to regulate the laying out and altering of highways, and to provide a mode of ob taining compensation for those who may thereby be injured, and to cause those who are benefited thereby to contribute towards their formation;'" an Act made and passed in the fourth year of the reign of King William the Fourth, intituled "An Act in further amendment of an Act passed in the tenth year of his late Majesty's reign, intituled An Act to regulate the laying out and altering of highways, and to provide a mode of obtaining compensation for those who may thereby be injured, and to cause those who are benefited thereby to contribute towards their formation;"" an Act made and passed in the fifth year of the reign of King William the Fourth, intituled "An Act for further explaining and amending the Act for regulating the laying out and altering of highways, and for providing a mode of obtaining compensation for those who may thereby be injured, and to cause those who are benefited thereby to contribute towards their formation;" an Act made and passed in the first year of the reign of Her Majesty Queen Victoria, intituled “An Act to further amend an Act of the tenth year of the reign of his late Majesty King George the Fourth, intituled "An Act to regulate the laying out and altering of highways, and to provide a mode of obtaining compensation for those who may thereby be injured, and to cause those who are benefited thereby to contribute towards their formation;" an Act made and passed in the fifth year of the reign of Her Majesty Queen Victoria, intituled "An Act to alter and in addition to an Act made and passed in the tenth year of the reign of his late Majesty King George the Fourth, relating to the laying out and altering of highways, and for other purposes therein mentioned;" an Act made and passed in the sixth year of the reign of her Majesty Queen Victoria, intituled "An Act in further amendment of an Act passed in the tenth year of the reign of King George the Fourth, intituled An Act to regulate the laying out and altering of highways, and to provide a mode of obtaining compensation for those who may thereby be injured, and to cause those who are benefited thereby to contribute towards their formation;"" an Act made and passed in the eighth year of the reign of Her Majesty Queen Victoria, intituled, “An Act to c. 33. continue an Act intituled 'An Act to alter and in addition to an Act made and passed in the tenth year of the reign of his late Majesty King George the Fourth, relating to the laying out and altering of highways, and for other purposes therein mentioned;"" an Act made and passed in the eleventh year of the reign of Her Majesty Queen Vic- also, 11 Vic. toria, intituled "An Act further to amend an Act made and passed in the tenth year of the reign of his late Majesty George the Fourth, intituled 'An Act to regulate the laying out and altering of highways, and to provide a mode of obtaining compensation for those who may thereby be injured, and to cause those who are benefited thereby to contribute towards their formation."" Council, to or II. And whereas in the grants or patents of the different Preamble. townships of this Island, reservation was made of all such parts of the said townships as had been set apart for public roads, at the time of passing the same; as also all such other parts of the lots or townships as should thereafter be set apart for laying out highways for the communication between one part of the Island and another: and whereas it daily becomes more and more necessary to open roads through different parts of townships, which may and do sometimes interfere with lands under cultivation, and occasion much loss, injury and expense to the person through whose lands the same may run, and no remedy having been provided for the same, nor any law whereby to enable the Lieutenant Governor to alter or change any road, now made, or hereafter to be made, or to make compensation to the parties who might be injured thereby: For remedy whereof; be it enacted, by the Lieutenant Empowers Lt. Governor, Council and Assembly, That when and so often as Governor, in it shall be considered necessary by the Lieutenant Governor der a writ to isof this Island for the time being, by and with the advice of Her Majesty's Council, to cause a highway to be made through cultivated lands, or to alter or change the direction of the roads already, by lawful authority, made in this Island, for other roads, the accomplishment of which may be attended with injury and damage to the proprietors and tenants of the soil, through which the same may pass, or which may benefit the lands of the same, it shall and may be lawful for the Lieutenant Governor for the time being, by and with the advice and consent of Her Majesty's Council, or on the application of any party interested in the said lands, to order a writ to be issued out of Her Majesty's Supreme Court of Judicature for this Island, and the said Court is hereby empowered to issue such writ, directed to the Sheriff of the County wherein the said lands shall be situate, (or in case he shall be interested therein, to the Coroner,) commanding him to summon twelve good and lawful men, freeholders or leaseholders, who are nowise interested in the said lands and tenements, from a sue out of Supreme Court, directed to the Sheriff or Corojury to ap praise damages &c. accruing to through whose lands roads persons may be run. |
