Repeals 10 G. 4, c. 10;

also, 3 W. 4, c. 9;

also, 4 W. 4, e. 16;

also, 5 W. 4, e. 8;

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 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 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 also, 8 Vio. c.5; reign of Her Majesty Queen Victoria, intituled, "An Act to

also, 1 Vic. c. 16;

also, 5 Vic. c. 22;

also, 6 Vic. c.

22;

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 sue out of SuHer Majesty's Council, to cause a highway to be made through directed to the cultivated lands, or to alter or change the direction of the Sheriff or Cororoads already, by lawful authority, made in this Island, for ner, to summon other roads, the accomplishment of which may be attended praise damages with injury and damage to the proprietors and tenants of the &c. accruing to soil, through which the same may pass, or which may benefit through whose the lands of the same, it shall and may be lawful for the lands roads Lieutenant Governor for the time being, by and with the ad- may be run. vice 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

preme Court,

a jury to ap

persons

Verdict to be returned with

in 40 days afterteste of writ.

Right of appeal to Supreme Court.

the County through which the road contemplated is to run, to meet at such time and place as may be appointed by the said writ, and the said jury, so summoned, shall be duly sworn faithfully to appraise the damages, if any, which will accrue to the proprietor or tenant through whose grounds the road is intended to run, which said jury shall not only take into their consideration the loss or damage that the said proprietor or tenant may incur, but also, the advantage, if any, that may accrue to him, by the road or alteration increasing the value of such lands.

III. And be it enacted, That the verdict of the said jury, under their hands and seals, and the hand and seal of the Sheriff or Coroner, shall be duly returned into the office of the Prothonotary of the Supreme Court, within forty days after the teste of the said writ.

IV. And be it enacted, That it shall and may be lawful either for the Lieutenant Governor for the time being, or the proprietors or tenants of the soil, who may think themselves aggrieved by such verdict, to cause an appeal to be entered against the same to the Supreme Court of Judicature, at the term to be holden in the County wherein the lands are situate, next after the return of the writ under which such verdict shall be found as aforesaid: and it shall and may be lawful for the said Supreme Court, if it shall be of opinion after hearing such appeal, that justice has been done, to dismiss the same, with such costs to be taxed to the appellee as shall seem just and reasonable; which said costs, if the appeal shall have been entered by the Lieutenant Governor, shall be paid to the appellee in the manner prescribed in the seventh section of this Act, as to payment of a verdict; and if by the proprie tor or tenant, then the same shall be paid by him to the Government; and in case of neglect or refusal, the same shall be recovered, by and on behalf of the Government, in the same manner in which costs are recovered in the said Supreme Court, on appeals being dismissed in cases of small debts; and if after hearing such appeal, it shall appear to the said Court, that justice hath not been done, it shall and may be lawful for the said Court to order and direct, that an alias writ be issued der a new jury and a new jury summoned, the verdict found by which said second jury shall be final and conclusive, and when returned as aforesaid, shall be entered of record in the said Court: and if, on the coming in of such second verdict, it shall appear that the same is in confirmation of the verdict appealed from, if such verdict shall find the road to be an advantage to the proprietor of the land, then the said Court shall order the same to be entered of record, together with the costs incurred on hearing such appeal, issuing such second writ, and taking such verdict; which said costs, having been duly taxed, shall

Court may or

to be summoned whose verdict shall be final.

Proceedings on

a second verdict being taken.

make part of the said second judgment, and be paid and recovered in the manner pointed out by this Act for the recovery of the verdict alone; and if the said second verdict shall find the owner of the land to be entitled to any sum beyond what was found in the first verdict, the appellant shall have his reasonable costs of appeal and subsequent proceedings, taxed and paid in manner pointed out in the seventh section of this Act for the recovery of the verdict alone when given in his favor; but if such second verdict shall find a lesser sum due to the owner for compensation than the first verdict, such owner shall pay costs, to be taxed in manner in this section before mentioned.

Compels the attendance of

witnesses.

V. And be it enacted, That when and so often as it shall be necessary to compel the attendance of any witnesses, to give evidence before any jury to be summoned under the provisions of this Act, the party requiring the testimony may cause a subpoena to be issued for the purpose from the Prothonotary's Office, in the same manner as is now practised in cases of inquiries before the Sheriff; and if any witness, who shall have been duly served with a subpoena, and shall also have been at the same time tendered eight pence currency per mile for every mile he may have to travel from his place of abode to the place where such evidence is to be taken, shall wilfully neglect or refuse to attend, pursuant to the subpoena, or to give evidence after attending, he shall be liable to such damages and punishment, by process of contempt and otherwise, as witnesses now are, who disobey the command of any subpoena requiring them to attend and give evidence before Her Majesty's Supreme Court of Judicature of this Island; and the Sheriff or his Deputy, or the Coroner, (as the case may be,) is hereby authorized, and required to administer an minister oath oath to each of the twelve jurors, who shall be chosen to act to each juror. on any such inquiry, in the following form, swearing three at a time, (that is to say):

"You and each of you shall well and truly inquire what damage, or advantage will be sustained, or will accrue to A. B., by the opening of a public highway, over

his (or her), reputed property, and you shall assess the amount in money, of such damage or advantage, according to the evidence, and the best of your judgment, and in case you shall find the same to be an advantage to the said A. B., then you shall say what sum shall be paid by him, and shall view, appraise and value the unsettled land of the said A. B., adjoining the said intended road, and situate in County, as directed in the Act of Assembly, in that case made and provided. So help you God."

And the Sheriff or his Deputy, or the Coroner, is also hereby authorized and required to administer an oath to each

Sheriff to ad

Form of oath.

Sheriff to admieach witness.

nister oath to

Form of oath.

No more than one writ shall issue for each County, unless roads be detached.

On payment or sum found, the right of high

tender of the

way to be vested in Crown.

Lt. Governor, by advice of Council, to issue writ, of which due

notice shall be given.

witness, who shall attend as aforesaid, in the form following, that is to say:

"The evidence you shall give before this inquest, shall be the truth, the whole truth, and nothing but the truth. "So help you GOD."

VI. And be it enacted, That in no case shall any more than one writ be issued for the same County, under or by virtue of this Act, relating to new roads, after the Administrator of the Government for the time being, in Council, shall have determined upon and ordered the laying out or opening of such roads, although the same may pass over the lands of more than one person, unless such new or intended roads shall be detached from each other, and run in different contrary directions, and the jury shall give as many several verdicts under one writ, as may be required from the number of parties interested.

VII. And be it enacted, That upon payment or tender to the tenants, or proprietors of the soil, of the sum so found. made by such person, as may be appointed by the Lieutenant Governor for the time being for that purpose, the right of highway, in and over the said lands, shall be and remain vested in the crown; and the Lieutenant Governor for the time being. by and with the advice and consent of Her Majesty's Council, is hereby authorized to grant his warrant, under his hand and seal, to the Treasurer of this Island, for the payment of all such sums of money as shall be assessed as aforesaid: provided always, that no such payment shall be made to the proprietor or tenant, until the lands shall have been actually taken possession of, for the said highway.

VIII. And whereas lines of road through wilderness lands, are often of great benefit to the lands, through which the same do pass, and tend to increase greatly the value of such lands, and it is but just and reasonable that the proprietors thereof should contribute to the formation of such roads: Be it therefore enacted by the authority aforesaid, that when and so often as the Lieutenant Governor for the time being, by and with the advice of Her Majesty's Council, shall deem it necessary to cause roads to be opened through unsettled lands, it shall and may be lawful for him to order a writ to be issued; and the said Sheriff, Coroner, or other officer to whom such writ shall be directed, shall, and he is hereby required to give notice thereof to all parties interested, within ten days after he shall receive any such writ, by causing notices to be posted up at three or more of the most public places in or nearest to the district, through which the new road is to pass, and shall also cause the same to be inserted in the Royal Gazette newspaper, printed in Charlottetown, for at least four successive