ÆäÀÌÁö À̹ÌÁö
PDF
ePub

Supposed proprietor of intersected land having leased the same, shall pay to true pro

prietor the future rent reserved;

purchase

confined in the strictest manner to the settling of Boundary Lines, or the commencement of such boundary lines.

IX. And be it enacted, That the supposed proprietor of such intersected or divided land, who hath leased or sold the same, shall, if leased, pay to the true proprietor of any part thereof, or his agent, the future rent reserved for the said land, yearly and every year, during the continuance of the said lease; and if the same hath been sold, shall account for and pay to the true proprietor thereof, or his agent, the sum or and if sold, the purchase money for which the same hath been so sold-the said yearly rent and purchase money to be recoverable by the true proprietor, his heirs, executors or administrators, against the said supposed proprietor, his heirs, executors or administrators, in His Majesty's Supreme Court of Judicature of the said Island; and in all cases where such lands are held under lease for any term of years, the tenant or tenants, occupier or tion of tense or occupiers thereof, shall, at the expiration of his, her or their term therein, peaceably and quietly yield, surrender and deliver up the same to the true proprietor, his heirs, executors or assignees.

money.

Tenants, &c., at the expira

tenancy, to

give quiet possession to true proprietor.

Surveyors to obtain certificate from Commissioners of their competency;

and from Sur

annually, that the instruments used by them are good.

X. And be it enacted, That no person shall be deemed a competent Surveyor to run any County or Township line under the authority of this Act, who shall not previously have obtained from the Commissioners appointed under and by virtue of this Act, a certificate that he is duly qualified for such office and every Surveyor of lands so qualified is hereby reveyor General quired, annually, to demand and obtain from the said Surveyor General a certificate that the several instruments of such Surveyor to be used by him in surveying are good and sufficient; and in the certificate so to be granted shall be set down and expressed the variation of said instruments at the instruments to period of making such certificate, which certificate the said be expressed in Surveyor General is hereby required and authorized to grant: and each and every Surveyor, being duly qualified as aforesaid, Surveyors to is hereby authorized and required to administer an oath to administer oath each of the chainmen employed by him, in the words following, videlicet:

Variation of

certificate.

to chainmen.

Form of oath.

Surveyors to

cause accurate

plans of lines surveyed

'You do swear, that you will justly and truly admeasure, ' according to the best of your skill and judgment, and con'formable to such instructions as you shall from time to time ' receive from me in the premises, and render a correct account thereof.

'So help you God.' And each and every Surveyor shall cause accurate plans of the different boundaries, as surveyed or ascertained by him or

* By Act 10 Vic., c. 13, in proceedings under this section, service of process, &c., may be made on agent or attorney of absent proprietor.

and annex

commence

ment; and

be fixed at the corners of

Townships.

Plans and desedged in the Farveyor Gen

criptions to be

them, to be drawn, delineating thereon the adjacent parts of to be made, the different Townships which the respective boundary lines description of divide; and they shall also annex to the said plans in every the point of case a particular description of the point where the boundary line commences, its distance from any headland, river, creek, cause a square or other natural mark on either side thereof, and shall also post or stone to cause a square post or stone to be fixed at each corner of such Township, with the words "Boundary of the Township number (as the case may be,) engraved on each side thereof; and the said plans and descriptions of the different boundaries hereby directed to be made shall be lodged in the office of His Majesty's Surveyor General of lands for this Island for the time being, and shall be given in evidence at all times to come in any dispute or question as to the said boundaries respec- Surveyor Gentively and any persons interested in said boundary shall be crai to furnish furnished from the said office with a copy of any such plan demanded. and description, on paying the usual fee: and any Surveyor neglecting to comply with the directions of this Act shall, for each and every offence, forfeit and pay a sum not exceeding twenty pounds, to be recovered by suit in His Majesty's Supreme Court of Judicature in this Island, to be applied to the use of His Majesty's Government.

XI. And be it enacted, That no action or suit at law shall or may be sustained on account of any trespass alleged to have been committed in consequence of any Township division line having been run according to the then meridian, but now altered by this Act.

XII. And be it enacted, That the provisions of this Act shall extend, and be construed to extend, to settling and ascertaining the subdivision lines of Townships which shall have been divided into not more than four parts; and such subdivision lines shall be adjusted and settled in the same mode and manner as is hereinbefore prescribed for the adjusting and settling the lines and boundaries of Townships."

eral's office.

copies when

Penalty on Surveyor not comdirections of this Act.

plying with

No action to be trespass, in consequence of altered by this

sustained for

lines being

Act.

This Act to extend to subof Townships where not divi

division lines

ded into more

XIII. And be it enacted, That an Act passed in the eleventh year of His late Majesty's reign, intituled "An Act Repeals to ascertain and establish the boundary lines of the several 11 G. 4, c. 10. Counties and Townships of this Island, and to regulate the duty of Surveyors," be, and the same is hereby repealed.

XIV. Provided nevertheless, that nothing herein contained shall have any force or effect until His Majesty's pleasure therein shall be known.

This Act received the Royal allowance 7th February, 1835, and the notification thereof was published in the Royal Gazette newspaper of this Island on the 21st April, 1835.

* This section is repealed by 7 W. 4, c. 10, and the provisions of this Act are thereby extended to subdivisions of Townships of not less than 1000 acres.

Act not to have effect until His Majesty's pleasure be signi

fied.

CAP. XVI.

See note to 10 G. 4, c. 10, for other Acts in amendment.

Repealed by 14
Vic., c. 1.

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."

The provisions of this Act may affect titles to lands, but are omitted pursuant to Act 12 Vic., c. 23.

CAP. XVII.

This Act disal- An Act to suspend for one year a certain part of an Act

lowed by Elis

Majesty.

passed in the third year of His present Majesty's reign, authorizing a further issue of Treasury Notes, to the amount of five thousand pounds.

This Act was intended to suspend operation of 3d, 4th and 5th sections of 3 W. 4, c. 18.

ice-boat to be built by Government.

CAP. XVIII.

An Act for the better conveyance of the mails in the winter

season.

WHEREAS it is necessary for the safe conveyance of the

mails and passengers between this Island and Nova Scotia during the winter season, that a sufficient ice-boat be provided by Government, and proper regulations made for the management of the same: Be it therefore enacted by the Description of Lieutenant Governor, Council and Assembly, That from and immediately after the passing of this Act, a good and sufficient ice-boat, of not less than the length of sixteen feet, and breadth of four feet eight inches, shall be built at the public expense, under the direction of two competent mechanics or persons to be appointed by the Administrator of the Governinent for the time being; which boat, when built, shall be provided by the said mechanics or persons appointed as aforesaid, at the expense of the Government, with not less than three oars, plated at the end of the blade with iron or steel, two boathooks, two grapnels, thirty fathoms of line or rope, a compass, four light boards and two beetles, and an oil cloth sufficient to cover the boat in case of need-and which boat, when so built and provided, shall afterwards be used for

To be used for

carrying mails

and passengers

between th

Island and Cape
Tormentine.

the purpose of carrying the mails and passengers between this Island and Cape Tormentine, and for no other use or purpose whatsoever.

II. And be it further enacted, That when and so soon as the said boat shall be built and provided as aforesaid, it shall and may be lawful for the Lieutenant Governor or other Administrator of the Government for the time being, by and with the advice and consent of His Majesty's Council, to contract with two fit and proper persons to take charge of the said boat and the said articles so to be provided as aforesaid, and to carry the winter mails between this Island and Cape Tormentine, for the term of five years-which persons when 80 engaged shall enter into good and sufficient security for the faithful performance of the contract so made.

III. And be it further enacted, That the persons so contracting to carry the mails as aforesaid shall, during the winter of every year of the term of their contract, provide and keep at their own proper cost and expense, two other active and able-bodied men, who shall at all times be in attendance at the time and place that may be fixed and specified in the contract so made as aforesaid, and shall assist in carrying the said mails between this Island and Cape Tormentine.

[blocks in formation]

IV. And be it further enacted, That the persons so con- Contractors to tracting, together with their two assistants, shall be required cross with the to attend at a specified day in each and every week for the mails weekly. term of their contract, at Cape Traverse, and there remain until a fit and proper time offers for crossing from this Island to the opposite coast; and after crossing from this Island to Cape Tormentine, shall there receive any mail or mails that may be ready, and shall thereafter take the first safe opportunity to return to this Island.

give security

repair;

V. And be it further enacted, That the persons so contract- Contractors to ing shall give good and sufficient security for the safe keeping for keeping of the said boat and articles to be provided as aforesaid; and boat in good shall at all times during their said contract keep the said boat and other articles, at their own proper cost and expense, in good and sufficient repair; and shall, when required by the Lieutenant Governor or other Administrator of the Government, return the said boat and other articles to any person or persons appointed to receive the same, under a penalty of fifty pounds.

VI. And be it further enacted, That it shall and may be lawful for the Lieutenant Governor, or other Administrator of the Government, to cancel any such agreement as aforesaid, in case either of the said contractors shall be guilty of any breach thereof, or shall at any time neglect or refuse to perform the

and shall return the same

when ordered,

under a penalty

of £50.

Lt. Governor

may cancel agreement for

breach thereof,

or for neglect of duty, or in

toxication

while crossing

In case of vacancy by death

or removal, Lt.

Governor to contract with

other persons, (of whom sur vivor may be one.)

duties imposed thereby; or if either of them shall at any time while crossing the strait be intoxicated; and the said Lieutenant Governor, or other Administrator of the Government, is hereby authorized, in case of neglect as aforesaid, or in case of the death of either of the contractors, to contract with other persons (but of whom the survivor may be one,) under the directions of this Act, for the carriage of the winter mails as aforesaid: provided always, that a condition shall be inserted in such contract so to be made as aforesaid, by which the Lieutenant Governor, or other Administrator of the Government, if it shall be considered for the benefit of this Government, shall, on giving one month's notice to the contractors as month's notice. aforesaid, be able to cancel the same at the end of such month.

Lt. Governor may cancel

agreement on giving one

Contractors to

have with them all the articles provided, under

while crossing

a penalty not to exceed £2.

No more than

cross at any

VII. And be it further enacted, That the persons so contracting shall at all times be provided with good and sufficient clothing, and shall at all times have with them while crossing all and every of the articles provided as aforesaid, under a penalty, for every article deficient, not exceeding two pounds.

VIII. And be it further enacted, That no greater num4 passon ors to ber of persons shall be taken at any one time, over and above the persons required by this Act to manage the boat, than four, under a penalty for every offence not exceeding the sum of five pounds.

one time, ander a penalty not exceeding £5.

Rates of pas-
Bage.

Persons first

entering name

and paying

passage in ney,

to have priority.

Contractors to

trip.

IX. And be it further enacted, That the rates of passage shall be, for each and every person, the sum of twelve shillings, and no more; who shall be entitled to carry twenty pounds of baggage, and no more; and that, at the respective places specified in the contract, there shall be kept a book wherein the persons wishing to cross may enter their names, and that person whose name stands first on the said book shall be entitled to priority of passage-provided, at the time he shall have so entered his name, he shall have paid to the person keeping the book, the passage money hereinbefore directed.

X. And be it further enacted, That there shall be paid receive 26 per out of the moneys that may hereafter be in the Treasury of this Island, the sum of six pounds for every time such contractors shall cross to Cape Tormentine and return to the Island with the mails as aforesaid.

Fines and penalties how reCovered and applied.

XI. And be it further enacted, That all fines and penalties arising under and by virtue of this Act, shall be recovered, with costs of prosecution, before any two of His Majesty's Justices of the Peace, if the same shall not exceed the sum of ten pounds, by warrant of distress and sale of the offender's goods and chattels, which fines and penalties shall be paid into His Majesty's Treasury, to and for the use of His Majesty's

« ÀÌÀü°è¼Ó »