Service of Citation when not requisite. Extension of Act. Judge may, on the application of any Creditor or other person interested, issue a Citation to the Executor or Administrator, and may, if the Executor or Administrator do not comply with the provision of such Section, or shew sufficient cause to the contrary, to the satisfaction of the Judge, within such time as he may direct, appoint some other person, being a Creditor of, or interested in the Estate, to act as Administrator for the Sale of the Real Estate, and appropriation of the proceeds thereof, upon his giving the Security required by that Section. IV. It shall not be necessary to serve a Citation preparatory to the final settlement of an Estate upon any Creditor whose Debt shall have been paid, nor upon any Legatee or next of Kin, unless the Judge of Probate shall order such service, and shall in such order name the parties to be so cited. V. This Act shall continue in force until the end of the next Session of the General Assembly. Schedule of Fees referred to in the foregoing Act. JUDGE'S FEES. Every Citation, including the Order for the same, Do. do. do. Every Order not herein specially provided for, For the Probate of a Will or Letters of Administration where the Estate when above £200 and not exceeding £1000, and Order, For Warrant of Appraisement, and Order for the same, Every Subpoena, Attachment, Execution, or other Process not otherwise 0 1 Letters ad colligendum, 0 10 0 5 Appointment of Commissioners to examine and settle claims of Creditors, contest, Transmitting Appeal with statement of Decision, Taking Testimony in Writing, each Folio of One Hundred Words, where there is a contest, 1 10 04 1 3 4 0 1 5 Warrant to Appraise or Divide Real Estate, on Petition of parties, Examining and taxing Costs, For Filing every Paper, REGISTRAR'S FEES. Probate of Will or Letters of Administration, and Entry of Order Where Estate is above £200 and not exceeding £1000, and Entry Where Estate is above £1000, and Entry of Order therefor, 0 15 0 0 1 0 2 All Copies of Papers per folio of 100 words, Every Certificate and Dedimus potestatem, Entry of every Decree in Registry Book, and of every Order not Every search or inspection of Documents, Preparing Subpoena and Seal, Filing each Ticket for the same, Every Caveat or Appeal, Preparing every Execution, Attachment, or other Process not specially provided for, and Entry of Order therefor, Filing every Decree, every Oath Administered by him, Taxing Cost, 0 0 0 6 0 2 0 CAP. XVIII. An Act concerning Registrars of Deeds. (Passed the 28th day of March, A. D. 1850.) BE it enacted by the Lieutenant-Governor, Council and Assembly, as follows: I. This Act shall come into operation on the First day of July next, or so soon there- Suspending Clause. after as Her Majesty's assent shall be signified hereto and not before. Office of Regrs. of point Regrs. of Deeds for every County. II. The Office of Registrar of Deeds for this Province is hereby abolished. III. The Governor in Council may appoint a Registrar of Deeds for every County Governor may ap of the Province, and every District in which such appointments are now made and actually held by Deputy, and every Registrar shall, within his County or District, exercise and be subject to all the duties, powers, enactments and regulations, which now appertain to, or are exercised by, the Registrar of Deeds and his Deputies. IV. Out of any Funds which may have arisen or may arise from the Registry Offices, A Fire Proof Safe prior to the coming of this Act into operation, one good and sufficient Fire Proof Safe shall be purchased and provided for each County or District, (Halifax excepted) for the Preservation of the Records, Books, and Papers of the Registry. to be procured in each County except Halifax for Records, &c. Bonds and Sureties and to provide places for custody of Records, &c. V. No Registrar apointed under this Act shall enter upon the duties of his Office Registrars to give until he shall have given Bond, with such Sureties, and to such amount, and in such form, as the Governor in Council may direct for the faithful performance of the duties of his Office, and the indemnifying of all persons who may be injured by his default or misconduct, nor until he shall have satisfied the Governor in Council that he has provided a suitable place for the custody of all Deeds, Papers, and Books of Registry, which may come to his charge or keeping. VI. Every Registrar of Deeds shall be bound to furnish well bound Books, suitable for the Registry of Deeds and Conveyances, and in which the same shall be registered. VII. There shall annually be paid to Sir Rupert Dennis George, Baronet, during his natural life, the sum of Two Hundred Pounds Currency, for which the Governor shall Regrs. of Deeds to furnish Books. £200 Cy. to Sir R. D. George. All prior Acts to be in force except as herein amended. Mode of Recording Release of Mortgages. Registrars Fees. shall draw Warrants on the Treasury, by quarterly payments, the First payment to be made on the First day of October next, if this Act shall have then come into operation, and otherwise on the First quarter day after the Act shall have come into opera tion. VIII. All Acts of the Province respecting the Registry of Deeds, except in so far as altered by this Act, shall apply to the Registrars appointed under this Act, in the same manner as if the Registrars had been in office when those Acts respectively came into operation. IX. Mortgages shall no longer be discharged by Certificate of Release, but the Release itself shall refer to the Registry of the Mortgage, and need not contain the description of the Premises at full length, and the same shall be recorded like other Deeds, and a marginal note thereof shall be made by the Registrar, without further Fee, on the Book of Registry of the Mortgage referring to the Registry of the Release. X. The Fees taken by the Registrars shall be as hereinafter mentioned, and no more. For the attestation of the subscribing Witness when attested before the Registrar, One Shilling. For entering and Registering every Deed or Conveyance, for every Hundred words, Six Pence. For entering every Docket of Judgment, or Attachment with Appraisement, Two Shillings and Six Pence. For entering and filing every discharge of any Judgment or Attachment, One Shilling. For every Certificate of Registry written on any Deed or Conveyance, One Shilling-not to be charged in case of a Judgment or Attachment, or discharge thereof, or of the Release of a Mortgage. For every Office Copy from the Books of Registry delivered out, for every Hundred words, Six Pence. For Certificate on such Office Copy, when the same shall be required, One Shilling. And for every Search, whether for a single Deed or Conveyance, or for a single Title made on one and the same day, One Shilling. Governor to appoint County and CAP. XIX. An Act concerning School Lands, and the appointment of Trustees therefor. (Passed the 28th day of March, A. D. 1850.) BE it enacted by the Lieutenant-Governor, Council and Assembly, as follows: I. The Governor in Council may appoint Three Persons in each County of this Province, and also Three Persons in each Township wherein Trustees have been hereTownship to act as tofore appointed for such Townships, to act as Trustees of the Land called and known by the name of School Lands, situate therein. Trustees. Trustees incorporated. II. The Trustees, after their appointment, shall be duly Incorporated, and shall take possession of the School Lands, and shall hold and enjoy the same, and by their name of office shall have power to take all lawful ways and means, by Suit or otherwise, to recover possession of the same, and also the Rents and Profits derived therefrom, in whose hands soever the same may be, and which are either now due or here after after may become due, and also may Lease or Sell the same or any part thereof, and enforce all Contracts and Obligations in relation thereto; but before any Sales are completed the same shall be approved of by the Governor in Council. Code of Instruc tions. III. It shall be lawful for the Governor in Council to issue to the Trustees a Code Governor to issue a of Instructions, relative to the mode in which they are to proceed for the Recovery and Management of the School Lands, which Code of Instructions shall be laid upon the Tables of both Houses of the Legislature within Ten Days after the opening of the next Session, and shall have force and operation until the end of the Session. IV. It shall be the duty of the Trustees to render to the Executive, on or before the first day of January next, a full Report of the extent, condition, value, and rental of the School Lands, of the Funds in their possession derived therefrom, and of the best mode of disposing thereof; which Report shall be submitted to the Legislative Council and House of Assembly during the first Ten Days of the next Session, in order that the Legislature may then adopt Measures for the future appropriation of the Lands and Funds for the uses of Education. Trustees to render a Report to the Legislature. CAP. XX. An Act relative to the Support of the Poor. (Passed the 28th day of March, A. D. 1850.) BE it enacted by the Lieutenant-Governor, Council and Assembly, as follows: Township may raise money at meetings for sup I. The Freeholders of any Township or District at their respective Meetings to raise Freeholders of any Money for the Support of the Poor, may, if deemed advisable, determine upon the Erection or Hiring of a Building suitable for a Poor House, and may vote Monies necessary for the Building or Hiring thereof, and the annual repairs and other expenses connected therewith. port of Poor. shall erect a building for Poor as a Corporate Body. II. If any Township or District shall decide upon Building or Hiring a Poor House, Overseers of Poor the Overseers of the Poor shall, with the Monies voted and placed at their disposal, proceed to carry out the wishes of the Meeting, by erecting or hiring a Building suitable for the purpose, the Title and Estate in which, when conveyed to them, shall vest in them and their Successors in Office as Overseers, as a Corporate Body. III. The Overseers shall have the control and management ot the Poor House and the general Suvervision and Government of the inmates, and may appoint the Officers and Keepers thereof, and purchase materials upon which the labor of the Poor may be profitably employed, and shall manage the Fiscal Affairs of the Township or District as connected with the Support of the Poor, and may Bind out Poor Children, chargeable on the Township or District, subject however in all respects to the control in the Fifth Section mentioned. Overseers to have management of building. account to Gen. Sessions. IV. The Overseers shall annually submit an Account of their Proceedings, and of Overseers to submit the General State of the Institution and of their Receipts and Expenditures, for the examination and audit of the General Sessions of the Peace. V. Nothing herein contained shall extend to the City of Halifax. Halifax not included herein. 11 САР. Governor to appoint Land, &c. responsi CAP. XXI. An Act to provide for the erection of a Dike across (Passed the 28th day of March, A. D. 1850.) BE it enacted by the Lieutenant-Governor, Council and Assembly, as follows: I. The Governor in Council may appoint Three Commissioners, with power to borrow any sum of Money not exceeding Three Thousand Pounds, to be expended in the construction of a Dike and Public Road across the Harbor of Chezetcook, from such Points, and to include such an area as to them may seem most judicious and profitable. II. For the re-payment of the sum so borrowed, with legal interest, the Land reble for re-payment claimed, and the Dike and all other Works erected by the Commissioners, shall alone be responsible, and the Commissioners are hereby invested with all powers over such Lands necessary to make such re-payment, and may sell, lease, or otherwise dispose of the same for that purpose. of money advanced. Commissioners may enter into Lands adjacent. Commissioners to form list of Proprietors living at Chezetcook, &c. Centitled to one share, &c. Proprietor's shares, when to be sold. Persons to hold shares in fee simple. Commissioners to III. The Commissioners shall have full powers to enter upon any Crown or other Lands convenient for the purpose, and to take therefrom materials for the construction of the Dike and Road, paying to the Proprietors the value of the same if requiredsuch value to be fixed by Three Arbitrators, one to be selected by the Commissioners, one by the Proprietor whose Property may be taken, and the third by the Custos of the County of Halifax, and the award of the Arbitrators shall be final, and subject to no appeal. If any Proprietor, after three days notice in writing from the Commissioners, shall not appoint his Arbitrators, the same shall also be appointed by the Custos. IV. The Commissioners at least One Month before commencing operations, shall form a List of all the Heads of Families and Proprietors living around the Harbor of Chezetcook, or within half a mile of the Shore, and shall number the same, and post Copies thereof in at least Five of the most public places in the Neighborhood; and each person whose name shall be included in the List, may pay to the Commissioners at any time during the progress of the work, in money or in labor, or materials, subject to approval of the Commissioners, such sum as shall be equal to one Share of the whole expense of completing the same, and he shall thereupon be entitled to the Lot of Land which shall be designated by the number set opposite his name; such numbers to be drawn for in presence of the Commissioners on the completion of the work: the Land reclaimed having been previously divided into as many Lots as there shall be Heads of Families or Proprietors-provided that the Land shall remain primarily liable to the payment of the Monies borrowed, as in the Second Section mentioned. V. If any Proprietor or Head of a Family shall not qualify himself as a Shareholder, the Share designated by his number shall be chargeable with its proportion of the outlay, and may be either let or sold at the discretion of the Commissioners, after a reasonable time given for redemption, and the rent or price thereof carried to the credit of the work. VI. Persons drawing Lands falling to their Shares hereunder, or obtaining the same under conveyance from the Commissioners, shall hold them in Fee Simple, or in cases of Letting for such period as may be designated in the Lease, subject to the lien thereon herein before created. VII. The Commissioners shall, within two years from their appointments, make a report proceedings. full report of their proceedings under this Act, and submit their Accounts for the ap proval of the Governor in Council. CAP. |