to view the place or matter in controversy: which Jury, upon their Oaths, (all which Oaths, as well as the Oaths to be taken by any person who shall be called upon to give evidence, the Court is hereby empowered to administer) shall assess and ascertain the distinct sum of Money or Annual Rent to be paid for the purchase of such Lands or Grounds, or the indemnification to be made for the damage that may be sustained, (but without regard to any contemplated increase of value by reason of such Telegraph or Branches being laid) and in so doing the Jury shall take into consideration the damage or inconvenience which may arise by reason of the Telegraph or Branches being erected as aforesaid, and may assess separate damage for the same, aud the Jury shall distinguish the value set upon the Lands and the Money assessed or adjudged for damages, separate from each other, and the Court, or any Judge thereof, shall give judgment for such sum lent or indemnification so to be assessed by the Jury, which verdict, and the judgment thereupon pronounced, shall be binding and conclusive to all intents and purposes.

be taxed by the Court, by whom to be paid, &c.

XIV. In all cases where a verdict shall be given for more Money as an indemnifica- Expense of Jury to tion or satisfaction for any Lands or Property, or for any damage done to any Real Estate, or for any Annual Rents for any Lands or Property of any person whomsoever than had previously been offered by, or on behalf of the Company, then all the expenses of Summoning the Jury and taking the Inquest shall be taxed by the Court, and defrayed by the Company; but if any verdict shall be given for the same or a less sum than had been previously offered by and on behalf of the Company, or in case no Damage shall be given by the verdict when the dispute is for Damages only, then the Costs and Expenses shall be taxed in like manner by the Court, and be borne and paid by the party with whom the Company shall have had such Controversy, which Costs and Expenses having been so taxed shall be deducted out of the Money so assessed and adjudged, when the same shall exceed such Costs and Expenses, as so much money advanced to and for the use of such person, and the payment and tender of the remainder of such money shall be deemed and taken, to all intents and purposes, to be a payment or tender of the whole sum so assessed or adjudged.

cuting to give Security for Costs.

XV. Every person making complaint and requesting a Jury shall, before the issue Every person proseof the Warrant for the summoning of the Jury, enter into a Bond before one of the Judges of the Supreme Court, or before the Deputy Prothonotary for the County where the lands lie, with one sufficient Surety, to the Treasurer of the Company, or his Successors for the time being, in the Penalty of Fifty Pounds Currency to prosecute his Complaint, and to pay the Costs and Expenses of summoning the Jury, and taking the Inquest, in case a verdict shall be given, for no more, or for a less sum or rent than had been offered by the Company before the summoning and returning of the Jury as an indemnification or satisfaction for any Lands or Property, or for any Annual Rent, or for any damage as aforesaid.

deemed good, unless the contrary be alledged.

XVI. If any question arise respecting the Title to the Lands required, as aforesaid, Titles to Land to be by the Company for the purposes of the Line of Telegraph or Branches, the parties in possession of such Lands, or being the Owners thereof, or in the receipt of the Rents of the Lands as being entitled thereto at the time of such Lands being purchased or taken, shall be deemed to have been lawfully entitled to the Lands, unless notice to the contrary be duly given to said Company; and unless notice be given, the parties. in possession and all the parties claiming under them, or consistently with their posesssion shall be deemed entitled to receive the Consideration Money or Rents to be paid therefor; and the payment of the Consideration Money or Rents, until notice be given, shall be a sufficient discharge to the Company against all claims in respect thereof.

XVII. If the owner of any Lands purchased or taken by the Company for the purposes aforesaid, or of any interest therein, on tender of the purchase money or compensation either agreed or awarded to be paid in respect thereof, refuse to accept the

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same,

Owners of Land

refusing to accept purchase money, Company may pay

the same into

Treasury for their benefit.

Conveyances of
Land to be accor-
ding to Forms in
Schedules.

Upon tender of Pur. Money Company may take possession of Lands, &c.

Registry of Agreement, Conveyances, &c.

&c.

same, or neglect or fail to make out a Title to the Lands or to the interest therein claimed by him to the satisfaction of the Company, or if he refuse to convey or release the Lands as directed by the Company, or if any such owner be absent from the Province, or cannot, after diligent enquiry, be found, or fail to appear on the enquiry before the Jury as herein provided for, it shall be lawful for the Company to deposit the purchase money or compensation payable for the Lands or any interest therein in the Provincial Treasury, to be there kept, invested and disposed of, for the benefit of the owner, under and by virtue of the provisions of an Act to be hereafter made and passed for the purpose.

XVIII. All Conveyances of Land to be taken or purchased by the Company under the provisions of this Act and for the purposes aforesaid, may be according to the Forms in the Schedules A and B respectively, to this Act annexed, or as near thereto as the circumstances of the case will admit, or by Deed in any other Form which the Company may deem fit, and all Conveyances made according to the Form in such Schedule, or as near thereto as the circumstances of the case will admit, shall be effectual to vest the Lands thereby conveyed in the Company, and shall operate to bar and destroy all Estates Tail and other Estates and interests in the Lands comprised in such Conveyances which shall have been purchased or compensated for, by the consideration therein mentioned.

XIX. Upon payment or legal tender of such sum of Money or Annual Rent as shall be contracted or agreed for between the parties or determined by Arbitrators, or assessed by such Juries, in manner respectively as aforesaid, to the Proprietors thereof or other persons entitled to receive the same, or to the Principal Officer of any such Body Corporate, at any time after the same shall have been so agreed for, determined, or assessed, such Lands, Grounds, and Hereditaments or Property, respectively, may be entered upon and taken possession of by the Company, and applied to the purpose of making and maintaining the Telegraph and Branches and other works and conveniences thereunto appertaining.

XX. All Agreements, Sales, and Conveyances, and all Determinations by Arbitration as aforesaid, and also the Verdicts and Judgments thereupon, shall be transinitted to, and kept by, the Registrar or Deputy Registrar of Deeds for the County where the Lands lie, to be Registered and kept according to Law, and the same, or copies thereof, certified by the Registrar or Deputy Registrar in each County, shall be allowed to be good evidence in all Courts in this Province, and all persons shall have liberty to Inspection thereof, inspect the same, paying for such inspection the sum of One Shilling Currency, and to obtain copies thereof, paying for every copy thereof, not exceeding one hundred words, the sum of Six Pence Currency, and so in proportion for any number of words; and immediately on such payment of Purchase Money or Rent, and entry of such Agreements, Sales, Conveyances, Determinations by Arbitration, Verdicts, Judgments, and other Proceedings of the Court and Juries, all the Estate, Title, and Interest of the person for whose use such Money or Rent shall be paid in, to, and out of the Lands and Premises, shall vest in the Company, and they shall respectively be deemed in Law to be in actual possession and seisin of the same, to all intents and purposes, as fully and effectually as if every person having an Estate therein had been able to convey and had actually conveyed the same to them by the most effectual legal conveyance, and such payment shall bar all right and interest of the person to whose use the same shall be made, and of every other person whomsoever, even for Dower or otherwise, any Law to the contrary notwithstanding.

Applications for
Indemnity.

XXI. Application to the Court for indemnity for any damage or injury sustained by reason of the powers and authority given by this Act, shall be made within Six Months next after the time of such supposed damage sustained, or in case there shall be a continuation of damage, then, within Six Months next after the doing or committing such

damage

damage shall cease, and not afterwards; and the Defendant may plead the General Issue, and give this Act and the special matter in evidence at any trial to be had thereupon, and may aver that the same was done in pursuance and by authority of this Act. XXII. If any person shall by any means obstruct or interrupt the free use of the Penalty for Obstruction of Telegraph. Telegraph and Branches, or other works connected therewith, such person shall, for every offence incur a forfeiture or penalty of not less than Five Pounds, nor exceeding Ten Pounds Currency, one half of which penalty or forfeiture to be recovered before one or more Justices of the Peace for the County,shall go to the Prosecutor or Informer, and the other half shall be paid into the hands of the Treasurer, and be applied for the public uses of the County.

XXIII. If any person shall wilfully and maliciously, and to the prejudice of the Telegraph and Branches authorized to be made by this Act, break, throw down, damage, or destroy the same, or any part thereof, or any of the Houses, Posts, Wires, Buildings, Batteries, Machinery, or other Works connected therewith, or do any other wilful hurt or mischief, or wilfully and maliciously obstruct or interrupt the free use of the Telegraph or Branches, or obstruct, hinder, or prevent the carrying or completing, supporting and maintaining the same, such person shall be adjudged guilty of Felony, and the Court before whom such person shall be tried and convicted, shall have power to cause such person to be punished, in like manner as Felons are by Law directed to be punished, or in mitigation thereof to award such Sentence as the Law directs, in cases of Simple Larceny, as to the Court shall seem fitting.

Wilful damage to

Telegraph adjudged Felony.

and Recovering, and application of Fines not herein particularly direeted.

XXIV. All Fines and Forfeitures imposed by this Act shall, upon proof of the offence Mode of Levying before any one or more Justice or Justices of the Peace for the County, either by the confession of the parties or by the oath or affirmation of any one credible witness, (which oath or affirmation such Justice or Justices are hereby empowered and required to administer without fee,) be levied by Distress and Sale of the Offender's Goods and Chattles, by Warrant under the hand and seal or hands and seals of such Justice or Justices, and all such fines, forfeitures or penalties, the application whereof is not herein before particularly directed, shall be paid into the hands of the Treasurer or Receiver of the monies to be raised by virtue of this Act, and shall be applied for the use of the Company, and the overplus of the money raised by such Distress and Sale, after deducting the Penalty, and the Expenses of the levying and recovering thereof, shall be rendered to the owner of the Goods so distrained and sold; and for want of sufficient Goods and Chattels whereon to levy the Penalty and Expenses, the Offender shall be sent to the Common Jail for the County where the Judgment is given, there to remain without Bail or Mainprize, for such Term not exceeding One Month, as the Justice or Justices shall think proper, unless such Penalty or Forfeiture and all Expenses attending the same, shall be sooner paid and satisfied.

to Supreme Court.

XXV. If any person shall think himself aggrieved by anything done by any Justice Appeal from Justices of the Peace in pursuance of this Act, every such person may appeal to the Supreme Court at the next Term of the Court thereafter to be holden for the County where such Judgment has been given.

brought under

Act, &c.

XXVI. If any Action or Suit shall be brought against any person for any thing to be Limitation of Suit done in pursuance of this Act, or in the execution of the powers and authorities or the orders and directions herein before given or granted, every such Action shall be commenced within six months next after the fact committed, or in case there shall be a continuation of damage, then within Six Months next after the committing such damage shall cease and not afterwards, and the Defendant in such Action may plead the General Issue and give this Act and the special matter in evidence at any Trial to be held thereupon, or plead generally that the same was done in pursuance and by the authority of this Act; and if it shall appear to have been so done, or if any Action or Suit shall be brought after the time so limited for bringing the same, or if the Plaintiff shall

be

Annual attested

Account to be

ture.

be Non-suit or discontinue his Action or Suit after the Defendant shall have appeared, or if Judgment shall be given against the Plaintiff, the Defendant shall have full costs, and shall have such remedy for the same as any Defendant hath for costs of Suit in any other cases as is by Law provided.

XXVII. The Company shall annually submit to the three Branches of the Legisgiven to Legisla lature, within the first fifteen days after the opening of the Provincial Parliament, a detailed and particular Account, attested upon oath, of the Monies by them received and expended under and by virtue of this Act, with a Statement of the amount of Income and Profits, gross and nett Receipts received by them for the use of the Telegraph on each year respectively.

Not to affect rights of Her Majesty.

Regulation of Profit, divisible among Shareholders.

Govmnt. may notice
Com. that they

have decided to
become Holders
of the Line.

Mode of Transferring same, &c.

Tariff of Fees.

XXVIII. Nothing herein contained shall affect, or be construed to affect, in any manner or way whatsoever, the Rights of Her Majesty, Her Heirs and Successors, or of any person, or of any Body, Politic or Corporate, such only excepted as are herein mentioned.

XXIX. Out of the nett profits arising from the line of Electric Telegraph and Branches assigned to or divisible amongst the Shareholders in the Company in every year, no greater amount shall be divided amongst and paid to the Shareholders in any one year in the whole than Twelve Pounds per cent. of the Capital Stock of the Company then paid up, and in addition to such Twelve per cent. it shall be lawful for the Company, if the nett profits shall permit, to retain a further amount at and after the rate of Four Pounds per cent, on such paid up Capital, which shall be added to and form part of the Capital Stock of the Company for the purposes of this Act; and if in any year the nett profits shall exceed the sum of Sixteen Pounds per cent. then the overplus shall be subject to the disposal of the Legislature.

XXX. If at any time it shall be deemed expedient by the Governor in Council that the Line of Electric Telegraph and Branches established hereunder should be transferred to and vested in the Government of this Province, the Governor may cause a Written Notice to be given to the Company, by service on the President or any other Principal Officer thereof, or by leaving the same with any Officer or Clerk in the principal office of the Company in Pictou, which Notice shall state that the Government have decided upon becoming the Holders of the Line and Branches, and shall require a Statement of the actual Outlay and Expenses which the Company have made or incurred in and about the works-such Statement to be authenticated as by the Governor in Council shall be required, and upon the expiration of Three Months from the service of such Notice, all the Lands, Tenements, and Hereditaments, Line of Electric Telegraph and Branches, Batteries, Posts, Wires, Buildings, Machinery, and all other things whatsoever then owned, held, or possessed by the Company, under and by virtue of the provisions of this Act, or for the purposes thereof, and all the right, title, and interest of the Company in and to the same respectively; and all Title Deeds and Conveyances thereof shall become and be transferred to and absolutely vested in the Government of this Province, and shall thereafter be held by the Government and for its use and benefit absolutely free and discharged from any claim of the Company or any person whomsoever, and it shall thereupon be lawful for the Governor to draw a Warrant on the Treasury for the payment to the Company of the actual outlay and expenses so made or incurred by them as aforesaid, together with an addition of Twenty Pounds per cent. thereto.

XXXI. The Tariff of Fees between Truro and Pictou shall not exceed the rate of One Shilling and Three Pence for the First Ten Words, and One Penny Half-penny for each additional Word and no more.

Schedule

SCHEDULE A.

FORM OF CONVEYANCE.

of

in consideration of the sum of

paid to me by the Truro and Pictou Electric Telegraph Company, pursuant to the Act
of [Title to be inserted here] passed by the Legislature of this Province, Incorporat-
ing such Company, do hereby convey to the Company, their Successors and Assigns,
all [describing the Premises conveyed] together with all ways, rights, and appurte-
nances thereto belonging, and all such Estate, right, title, and interest in and to the
same, as I am or shall become entitled to or possessed of, or am by the Act of Incor-
poration empowered to convey, to hold the said Premises to the Truro and Pictou
Electric Telegraph Company, their Successors and Assigns, according to the true intent
and meaning of the said Act. In witness whereof, I have hereunto set my hand and
seal, the
day of
in the year of Our Lord
Signed, Sealed, &c.

Form of Convey

ance.

SCHEDULE B.

FORM OF RENT CHARGE.

of

in consideration of the Rent Charge to be paid to me, my Heirs, and Assigns, as hereinafter mentioned, by the Truro and Pictou Electric Telegraph Company, pursuant to the Act passed by the Legislature of this Province, do hereby convey to the Company, their Successors and Assigns, all [describing the Premises] together with all ways, rights, and appurtenances thereunto belonging, and all my Estate, Right, Title, and Interest in and to the same and any part thereof, to hold the said Premises to the said Company, their Successors and Assigns for ever, according to the true intent and meaning of such Act, they the Company, their Successors and Assigns, yielding and paying unto me, my Heirs, and Assigns, one clear yearly rent of [sum] by [quarterly or otherwise] payments henceforth on the [day of payment] clear of all taxes and deductions. In witness whereof, I have hereunto set my hand and seal, the day of year of Our Lord

in the

Form of Rent charged.

Signed, Sealed, &c.

CAP. LI.

An Act for Regulating the Trade between the British
North American Possessions.

(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, whenever it shall be thought advisable so to do, Governor may
declare by Proclamation what Articles, the growth, production or manufacture of the
British North American Possessions of Canada, New-Brunswick, Prince Edward's
Island, and Newfoundland, or either of them, may be imported into this Province free

of Duty.

declare by Proclamation Articles to be imported free of Duty.

II. This Act shall come into operation on the First day of April, in this present Duration of Act. year, and shall remain in force until the First day of April which will be in the year

of our Lord One thousand eight hundred and fifty-one, and no longer.

20

САР.

C