CAP. XII. An Act relating to the Court House and Jail at Kentville. (Passed the 28th day of March, A. D. 1850.) BE it enacted by the Lieutenant-Governor, Council and Assembly, as follows: House and Jail at Kentville incorporated. I. The Persons appointed or who may hereafter be appointed by the Court of Ge- Trustees of Court neral Sessions to take charge of the Court House and Jail at Kentville, and the Land on which they are now or may be hereafter erected, shall be, and they are hereby made a Body Politic and Corporate, under the name of the Trustees of the Court House and Jail at Kentville, and by that name shall have Succession and a Common Seal, and may Sue and be Sued, Defend, and be Defended, in any Court whatever, and such Trustees, or any of them, may be removed by the Court of Sessions, and others may be appointed to fill up vacancies in their number. II. The Title to the Court House and Jail and the Land adjacent thereto, belonging to the County, containing One Acre or thereabouts, shall be, and is hereby vested in the Trustees so incorporated, for the use of the County, and the Trustees are hereby authorised to make Bye Laws for the management thereof, and therein to affix Penalties for the Breach of such Bye Laws; but no Bye Law made by them shall have any effect till it has been approved by the Court of Sessions, and filed with the Clerk of such the Peace. Property vested in Trustees for use of County, &c. Land. III. The Trustees may from time to time Lease the Land hereby vested in them, Trustees may lease except that portion thereof whereon the said Court House and Jail and the Buildings thereto appertaining stand, for a period not exceeding Seven Years, and may renew Leases. IV. The Trustees are hereby authorized to remove Buildings or Erections from the Land so vested in them, or may Sell the same Buildings or Erections at Auction, to be removed by the Purchaser if the Owner shall neglect or refuse to remove them within One Month after being required to do so; but no Building shall be removed or sale thereof take place, until the same shall have been approved by the General Sessions nor until Public Notice shall have been first given by the Trustees of their intention so to do. Buildings to be removed, &c. V. The Trustees shall annually render their Accounts in Writing to the Court of Accounts to be renSessions, to be audited by the Justices thereof, and when approved they shall be filed in the Office of the Clerk of the Peace. dered to the Court of Sessions. right of Her Majesty and others. VI. Nothing herein contained shall affect the rights of Her Majesty, or any Person Act not to affect or Body Politic or Corporate, if any such rights exist, to the Lands and Premises hereby vested in the Trustees; but such rights shall remain as if this Act had not been passed, nor shall the control of the Sheriff over the Court House and Jail be affected, but the same shall exist as heretofore, nor shall the present Sheriff or the present Clerk of the Peace be deprived of the Buildings on the Land herein before mentioned, now occupied by them as Offices respectively; but the same may continue to be occupied by them as Offices respectively, during their respective Terms of Office, at a nominal rent. VII. All Penalties incurred under the Bye Laws of the Trustees, or rents accruing due Penalties incurred to them, may be sued for and collected as if the same were Private Debts due to them, and the Trustees shall pay over to the Court of Sessions all Monies that may come to their hands, to be applied under the direction of the Court to the repair of the Court House and Jail, or the Insurance thereof, or the enclosing or ornamenting the Land. hereunder. 9 САР. Preamble. Persons qualified to CAP. XIII. An Act to authorise Her Majesty's Subjects to plead and reason for themselves or others, in all Her Majesty's Courts within this Province. (Passed the 28th day of March, A. D. 1850.) THEREAS the monopoly now enjoyed by a limited number of Persons of Privileged Seats in Her Majesty's Courts, and of the right to Plead and Reason therein, is injurious to that privileged class, by withdrawing them from the free competition of their fellow-subjects, is unjust to the Judges, who would often be instructed by men of genius and learning, reared in other pursuits, and deprives the great body of the people on the one hand of the privilege of selecting Advocates, and on the other of all inducements to study and comprehend the Laws: Be it therefore enacted, by the Lieutenant-Governor, Council and Assembly, as fol lows: I. From and after the passing of this Act, any of Her Majesty's subjects who shall have voted at any Election, or paid Poor and County Rates, may Plead and Reason in any of Her Majesty's Courts of Judicature within this Province, enjoying all rights and privileges therein, in as full and ample a manner as these are now enjoyed by Barristers, Proctors and Advocates. Roads included under this Act. Agreement to be made between Commrs, and Pro. of Land. CAP. XIV. An Act for the laying out of certain Great Roads. (Passed the 28th day of March, A. D. 1850.) BE it enacted by the Lieutenant-Governor, Council and Assembly, as follows: I. The provisions of this Act shall extend to the following Roads only, viz: The Great Eastern Road from Halifax to St. Mary's; the Eastern Shore Road from Dartmouth to Saint Mary's; the Road from Antigonishe to Auld's at the Gut of Canso; the Road from Guysborough to the Gut of Canso; the Road from M'Millan's, East side of the Gut of Canso, to Saint Peter's; thence by the Bras d'Or to Sydney, and thence to the Sydney Mines, Boularderie, Baddeck, Middle River and Margaree; thence to Broad Cove, Port Hood and McMillan's, at the Gut of Canso; the Road from Arichat to Grandique; the Road from Truro to Amherst, aud thence to the boundary of the Province; the Road from Truro to River Philip by Tatamagouche; the Road from Amherst to Parrsborough; the Road from Pictou to River Philip by Wallace; the Road from Halifax to Windsor, thence to Kentville, Annapolis, Digby, Yarmouth, Shelburne and Liverpool; the Road from Liverpool to Mills Village, thence to Bridgewater and Mahone Bay, and thence to Chester and Windsor; the Road from Chester to Halifax, by Saint Margaret's Bay, and the Main Post Road from Halifax to Pictou, thence to Antigonishe, Guysborough and Saint Mary's. 11. Commissioners to expend Monies for the opening of New Roads or altering old ones, when it shall be necessary to cross private Lands for that purpose, the Proprietors whereof claim damages, shall, if deemed for the public benefit, make an Agreement in writing with the Proprietors; the Agreement to state the length of the Road, and the amount agreed on for damages, and cost of Fences, and to have a Plan annexed of the Road and Land through which it is intended to be carried; and the same shall shall be laid before the General Sessions of the Peace for the County or District, or a Special Sessions, consisting of at least Five Justices of the Peace, of the meeting of which Special Sessions notice shall be given by Advertisements posted in three of the most public places in the Township or Settlement where the Lands lie, for Eight days previously; and if the Sessions approve of the Agreement or portions thereof, they shall return the same with their Certificate to the Provincial Secretary's Office, to be laid before the House of Assembly, and the House having considered may confirm the Agreement, or any portion thereof; in which case the same shall be returned to the Secretary's Office, and the Governor may draw Warrants on the Receiver General for the amounts which may be confirmed. pointed where there is no agree ment. III. Where no Agreements shall be made, or any part thereof shall not be confirmed, Appraisers to be apone Appraiser shall be appointed by the Governor in Council, a second by the persons interested in the Lands; and on their default, after three days notice by the Commissioner, and a third shall in any case be appointed by the Commissioner, and the three Appraisers shall be sworn to the faithful discharge of their duties before a Justice of the Peace, and shall enter upon the Lands and lay out the Road in the way most advantageous to the Public and least detrimental to the Persons interested in the Land, and measure and mark the same, and appraise the Lands, taking into account the improvements, and assess the damages to the Owners and Tenants therefor, and for Fencing the sides of the Road: which appraisement shall be reducing to writing, and accompanied by a plan and admeasurement of the Road, shall be returned to the Clerk of the Peace to be laid before a General or Special Sessions, and the further proceedings thereon shall be had in conformity with the provisions of the last Section. IV. After any Agreement shall have been made, or an Appraisement had under the Commrs. proceed Second or Third Sections, the Commissioner may enter upon the Land and proceed with the Road, leaving the compensation to be paid to the Proprietors, to be finally determined in the manner in such Sections respectively directed. Appraisement to be in writing, &c. with Road after Assmnt. is made. Fences, &c. V. No compensation for Fencing shall be made under this Act until the Proprietors Compensation for of the Land shall have made oath before a Justice of the Peace that the same has been put up in a proper manner, and encloses in whole or in part, some of his Lands, and that the same shall not be removed with his assent; nor shall any compensation for such Fencing be made unless claimed within one year after the Road shall have been opened. VI. No Monies shall be drawn from the Provincial Treasury for damages on the run- Monies for Roads. ning out, or completion of any New Road, or alteration of any old one, other than on the Roads specified in this Act. Width of Road. VII. The Road shall be laid out at least Sixty-six feet in width. VIII. The following Acts are repealed: Fifth Victoria, Chapter Thirty, Tenth Acts repealed. Victoria, Chapter Thirty-two, Twelfth Victoria, Chapter Eighteen, and also all other Acts relating to the Appraising of Damages on Roads, so far the same relate to the Roads herein mentioned. CAP. General Sessions by desire of Board of Health to order Vaccination. Grand Jury and Sessions to provide claims hereunder. for payment of all Accounts to be returned to Grand CAP. XV. An Act to provide for Expenses of Boards of Health and of Vaccination (Passed the 28th day of March, A. D. 1850.) BE it enacted, by the Lieutenant-Governor, Council and Assembly, as follows : I. The General Sessions of the Peace or any Special Sessions, consisting of not less than Seven Magistrates, may, on requisition from the Board of Health, or whenever they consider such a Measure necessary to prevent the spread of Small Pox, order a General Vaccination of Persons in the County or District, or any particular part thereof, and may make provision, under such Checks and Guards as they may consider necessary for the Vaccination, at the expense of the County or District, of such persons as are indigent and unable to incur such expense for themselves. II. The Grand Jury and Sessions may make provision for the payment of all claims for Vaccination of Indigent Persons in the various Counties and Districts of this ProVince; and in all future cases, the persons claiming for the Vaccination of Indigent Persons, shall return to the Sessions along with their Accounts, the names of the Indigent Persons so Vaccinated. III. The Accounts for Vaccination of the Indigent shall be returned, duly attested, Jury and General to the Grand Jury and General Sessions, and when examined and passed by them, the amount shall be Presented, Confirmed, Assessed, Collected, and Paid over, in the same manner as other sums for County purposes, and shall be appropriated for the Purposes intended, under the directions of the General Sessions. Sessions. Preamble. CAP. XVI. An Act to enable the Governor in Council to make (Passed the 28th day of March, A. D. 1850.) HEREAS under an Act of the Imperial Parliament, passed in the Thirteenth year of Her Majesty's Reign, entitled, "An Act for enabling Colonial Legislatures to establish Inland Posts," it is enacted that it shall be lawful for the Legislatures, or proper Legislative Authorities of Her Majesty's Colonies, or any of them, by Acts, Laws, or Ordinances, to be from time to time for that purpose made and enacted, in the manner and subject to the conditions by Law required, in respect of Acts, Laws, or Ordinances of such Legislatures or Legislative Authorities, to make such provisions as such Legislatures or Legislative Authorities may think fit for and concerning the establishment, maintenance, and regulation of Posts or Post Communications within such Colonies respectively, and for charging Rates of Postage for the Conveyance of Letters by such Posts or Post Communications, and for appropriating the Revenue to be derived therefrom. And whereas it is further provided and enacted thereby, that where in any Colony Her Majesty's Post Master General shall have actually established any Post or Post Communication, and his powers and privileges in relation to such Post Post or Post Communication shall not have determined under said Act, no such Act, Law, or Ordinance of the Legislature or Legislative Authority of such Colony in relation to the matters aforesaid, or any of them, shall take effect, unless the same shall be assented to by Her Majesty, with the advice of Her Privy Council, nor until the time when such assent shall be proclaimed in the Colony, or such subsequent time as by the Order of Her Majesty in Council by which the assent to such Act, Law or Ordinance may be signified, shall be fixed in that behalf. And whereas it is further enacted, that where, under the Provision therein contained, the assent of Her Majesty in Council is required to such Act, Law, or Ordinance, the Rates of Postage charged in such Colony, under the Acts therein before referred to, or any of them, or under any Warrant or Warrants of the Commissioners of Her Majesty's Treasury, issued in pursuance of such Acts, or any of them, and the authority of such Commissioners to fix the Rates of Postage to be charged in such Colony, and the powers and privileges of Her Majesty's Postmaster General, his Deputies, Servants, and Agents, in relation to the Posts or Post Communications within such Colony, shall from the time. at which such Act, Law, or Ordinance shall take effect, cease and determine; and save as aforesaid, the Authority, Powers, and Privileges aforesaid, shall cease and determine upon the passing of such Act or Ordinance, unless Her Majesty shall think fit to disallow the same. And whereas in the Eleventh Year of Her Majesty's Reign, an Act passed the Legislature of Nova Scotia, entitled, An Act to enable the Governor in Council to make Orders and Regulations towards establishing an Uniform Rate of Postage throughout British America: Be it therefore enacted by the Lieutenant-Governor, Council and Assembly, as follows: 1. The Governor in Council may make such Orders and give such Directions and The Governor may Instructions as may be deemed necessary for carrying into effect the several Acts hereinbefore recited, and all Orders so made when published in the Royal Gazette shall have the authority of Law. give Orders for carrying this Act into execution. CAP. XVII. An Act further to amend the Law relating to the (Passed the 28th day of March, A. D. 1850.) BE it enacted by the Lieutenant-Governor, Council, and Assembly, as follows: 5th Victoria amended. 1. The Sixteenth Section of the Act passed in the Fifth year of Her Majesty's 16th Sec. of Act of Reign, entitled, "An Act relating to the Courts of Probate, and the Settlement and Distribution of the Estates of Deceased Persons," is hereby amended by adding to the Second Clause of such Sixteenth Section the words following, that is to say: "On the application of one or more Creditors duly proved to him to be such Creditors." said Act repld. II. The Schedule of Fees established for the Judges and Registrars of the Courts Schedule of Fees in by the above mentioned Act, and thereto annexed, is hereby repealed, and the Schedules of Fees to this Act annexed substituted in lieu thereof, as the Fees of the Judges and Registrars respectively of the Courts of Probate; and no Judge or Registrar of such Courts shall receive other or greater Fees than those specified in the Tables of Fees hereto annexed. III. In case any Executor or Administrator shall not within a reasonable time give Judge can appoint the Security required by the Thirty-seventh Section of the above mentioned Act, the 10 Judge Admr. if Exctr. does not give Security. |