Court, in its

lessees shall be at liberty, notwitstanding such award, to cause an appeal to be entered against the same, at the term of the Supreme Court which shall be holden in the County wherein the lands may be situate, next after the making thereof; 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 a writ order a writ to be issued, and a jury summoned, in the way and manner described, and for the purposes directed by this Act, in the case of roads of a greater length than five miles; and the verdict found by such jury shall be final and conclusive, and, when returned, as aforesaid, shall be entered of record in the said Court.

discretion, may

be issued, &c.

XIX. And be it enacted, That immediately upon payment to, and receipt by the party or parties to whom compensation shall be awarded by the commissioners so appointed as aforesaid, or in case such party or parties shall refuse to receive such compensation, or in case no person or persons shall appear to claim such compensation as aforesaid, before the expiration of the time hereinbefore limited for an appeal against such award, then, and in every such case, the right of way over such land, or over so much thereof as shall be owned by such party accepting such compensation, and over so much thereof as shall be owned by such party refusing such compensation, as also over so much of such lands as shall not be claimed by any owner, shall respectively become vested in the Crown, to and for the purposes of such road.

XX. And be it enacted, That should the verdict of a jury that may be summoned as aforesaid, after such appraisement as aforesaid shall have taken place, in case of cultivated land, or land rendered less valuable, so appraised as aforesaid, not amount to a greater sum than the sum so tendered as aforesaid, then, and in every such case, the expenses of the said jury so ordered shall be borne by the party or parties on whose application the same shall have been granted, and which expense may be levied by warrant of distress, and sale of the goods and chattels of the party or parties who shall have refused to accept of the appraised damages, made and approved of as aforesaid; and in case of no goods or chattels being found whereon to levy, then by attachment and sale, as by law provided, of the interest in the land of the party or parties so refusing to accept of the sum or sums so assessed as damages, as aforesaid; and should the verdict of a jury that may be summoned as aforesaid, after such appraisement as aforesaid shall have taken place, in the case of wilderness land, or of lands rendered more valuable by the running of such road, be not less in amount than the sum or sums so assessed as aforesaid, then the costs of the said jury shall be

taxed against, and be paid by the party or parties so requiring such jury as aforesaid.

XXI. And be it enacted, That each commissioner, ap

pointed by the Government to value the damages caused by Fees of comthe running of any road or roads as aforesaid, shall be entitled missioners. to the following sums, that is to say: for every mile travelled, six pence; for estimating damages, ten shillings; to the party drafting and making the statement or return to the Governor in Council, ten shillings.

XXII. Provided always, and be it enacted, That no writ, for the summoning of a jury, for and in respect of roads, not more than five miles in length, shall be issued, until, as aforesaid, the provisions of this Act, in relation to such last mentioned roads, shall have been complied with, any thing in this Act to the contrary notwithstanding.

XXIII. And whereas it has sometimes happened, that by reason of errors, omissions, or irregularities in proceedings taken under the laws heretofore in force, regulating the laying out and altering of highways, it has become necessary to issue a writ de novo, and it has happened that such errors, omissions, or irregularities have not been discovered or objected to until the proceedings have been carried on to the final return of the writ, and until after the road or roads therein ordered have been opened and completed at great expense: Be it therefore enacted, that in all cases where it may hereafter become necessary, under this Act, to issue an alias writ, or a writ de novo, the same shall and may issue, and all proceedings thereupon shall and may be had and taken, notwithstanding the said road or roads, so to be ordered, may have been opened, or partly opened, under the first or other preceding writ or writs.

No writ for roads of less to be issued.

than 5 miles,

Alias writ or writs de novo certain cases.

may issue in

Road commis

completion of

XXIV. And be it enacted, That the road commissioner or commissioners of the district or districts through which any sioner to certify such road hereafter to be run may pass, shall be bound, on the to Lt. Governcompletion of the contracts for opening such road or roads, to or in Council, transmit to the Lieutenant Governor in Council, a certificate contract. or certificates, each for such part of said road as shall pass through his district, of the completion of the contract for such road, and that thereupon the Lieutenant Governor in Council shall direct, and they are hereby required forthwith to direct the necessary proceedings for recovering the sum or sums assessed against the proprietor or proprietors of the lands through which such road or roads may pass.

XXV. And be it enacted, That in the event of any writ, inquisition, or verdict taken under this Act being quashed, it shall and may be lawful to issue a writ or writs de novo.

Should proceedings be

quashed, a writ de novo to issue.

This Act not to interfere

with any proceedings prior to the passing

thereof;

XXVI. Provided always, and be it enacted, That nothing in this Act contained shall extend, or be construed to extend, to prevent, or in any manner interfere with the completion of any road or roads which shall or may, at the time of the passing of this Act, be opened or partly opened under the authority of any of the above recited Acts hereby repealed, or to affect the validity of any writ or writs, order or orders, issued by the Lieutenant Governor, prior to the passing of this Act, authorizing or directing the laying out of any road or roads, part or parts of any road or roads, under or by virtue of any of the said recited Acts hereby repealed, or to interfere with any proceeding, matter, or thing whatsoever, that may at the time of the passing hereof be incomplete, unfinished, or unperformed in respect to any such road or roads, or part or parts of any such road or roads, or to any proceeding, matter, or thing that may be then pending or incomplete under any such writ or order, and by such writ or order intended to be performed; but that all and every such road or roads, part or parts of such road or roads, opened, partly opened, or intended to be opened, by virtue of any writ or order so issued, prior to the passing of this Act, and all and every matter, proceeding and thing whatsoever, necessary and intended to be done and performed under such writ or order, shall be completed and finished as fully and effectually, to all intents and purposes whatsoever, as if this Act had not been passed: and for the purpose of fully completing and finishing all and every such road or roads, part or parts of such road or roads, that may be opened, Acts repealed partly opened, or intended to be opened, under and by virtue of any such writ or order, issued as aforesaid, prior to the passing of this Act, and for the recovery of all and every sum and sums of money awarded or to be awarded, or due and owing to the Government, in respect to any such road or roads, part or parts of such road or roads, and for the carrying into effect the intention of the Legislature, in all other respects, in relation thereto, as expressed and declared in and by the said several above recited Acts hereby repealed, the said several above recited Acts, being all those several Acts mentioned in and repealed by the first section of this Act, shall be and be held, and taken to be in full force and effect, notwithstanding the passing hereof.

and, with respect to such proceedings,

the various

by the first

section thereof shall be in force.

Continuance of Act.

XXVII. And be it enacted, That this Act shall continue and be in force for and during the space of ten years from the time of the passing thereof, and from thence to the end of the then next session of the General Assembly, and no longer.

XXVIII. And be it enacted, That no person or persons whomsoever shall, either directly or indirectly, demand, take, or receive any other or greater fee or fees, under this Act, for

the respective services hereinafter mentioned, than is hereunder specified, that is to say:

All other necessary witnesses, per mile,

004

For attendance under examination, per diem,

020

by persons ap

pointed to va

SCHEDULES to which this Act refers.

SCHEDULE (A.)

Form of oath to be annexed to the return to be made to Government by the persons appointed to value the damage to be paid to the owner or owners, lessee or lessees of land through which short portions of road may pass.

Oath to be made WE, A. B., C. D., and E. F., having carefully examined the disadvantage or damage that the owner or owners, lessee or iue damage,&c. lessees over whose land the line of road from (G. to H. as the case may be,) will pass according to their several and respec tive estates and interests therein, do estimate the said damages as follows:-To (I. K., as the case may be,) the sum of pounds. To (L. M., as the case may be,) the sum of

pounds.
Sworn beforn me, this

day of

}

(Signed)

A. B. C. D.

Oath to be made by persons appointed to assess sum to be paid by owner of wilderness land, &c.

SCHEDULE (B.)

Form of oath to be annexed to the return to be made to Government by the persons appointed to assess the sum of money to be paid by the owner or owners, lessee or lessies of wilderness land, through which said road or roads do pass.

WE, A. B., C. D., and E. F., having carefully ascertained the advantage that does accrue to the owner or owners, lessee or lessees of such land, declare that the owner or owners,

lessee or lessees, do and shall pay, within days from the date hereof, the sum of into the Treasury of this Island, or give to the Crown so much land as may be of the value of the said sum of pounds, which said land is of the value pounds per acre.

of

Sworn before me,

CAP. II.

See 23 Vic. cap. An Act to consolidate and amend the laws now in force, for

16, sec. 75 to 85,

and 25 Vic. cap.

6, sec. 9.

the relief of insolvent debtors.

HEREAS it is deemed advisable to consolidate the laws now in force, for the relief of insolvent debtors: Be it