powered to ac 1. The Avon River Power Company, Limited, its Company emsuccessors and assigns, is hereby authorized and em- quire, etc. powered to acquire, use and exercise all the powers and privileges. privileges granted to the said Roy A. Joudrey by the said Approval and Orders, and amendment or amendments thereto, subject to the conditions thereof. 2. powers and The said company, its successors and assigns, May erect poles may for the purposes of the company: (a) in any incorporated town in the Counties of Hants, Kings and Annapolis respectively erect or place in, upon, along, under or across any street, road or highway, any pole, wire, conduit or pipe; and etc in towns. etc in munici (b) subject to the provisions of the Public May erect poles Highways Act erect or place any electric light or palities. power poles, wires, fixtures or attachments thereto on any highway in the Municipalities of the Districts of East Hants and West Hants, and of the Counties of Kings and Annapolis respectively; and by-laws. (c) provided, however, that the town coun- Regulations cils of the Towns of Windsor and Hantsport, the Municipal Councils of East and West Hants, and of the Counties of Kings and Annapolis, shall have the right to make necessary and reasonable regulations or by-laws for the protection of the lives and the property of the citizens subject to the provisions of the Public Utilities Act, and the Provincial Highway Act, and may each appoint an officer or officers for the carrying out of the same. of lands re praisement of 3. Whenever it shall be necessary in the construct-Expropriation ion, maintenance and repair of the said works or any quired; appart or parts thereof, and for the transmission of same, electric current, that the company should be invested with lands or rights or easements therein, and no agreement can be made with the owners or occupiers thereof for the purchase of the said lands or of the right of entry therein, and the exercise or enjoyment of any easement sought, or in case the owners or persons entitled to the said lands are unknown to the company or are infants or insane or otherwise incapacitated, to give a conveyance of the said lands or easements, the said company may apply by petition, having annexed thereto a plan of the lands or a statement of the rights or easements desired, to the Judge of the County Court for District No. 4, or to a Judge of the Supreme Court of Nova Scotia, setting forth the nature, situation and extent of the lands required or of the easement sought, the name of the owners or occupiers thereof, praying a conveyance of the same to the company. On presentation of the said petition, the Judge being satisfied that the lands or easements are required and are not more extensive than may be reasonably necessary, shall appoint a time and place for the consideration of the said petition, and shall direct a notice in writing to be served upon the owners or occupiers of the lands if known and being resident of the Province of Nova Scotia and in any event such notice shall be published for the period of two weeks in one newspaper published in the county or district where the lands lie, requiring the owners or occupiers to attend at the said time and place personally or by attorney. At the said time and place the Judge shall require the company forthwith to nominate one appraiser and the owners to nominate one appraiser and the Judge shall thereupon name a third appraiser, to appraise the value of said lands or easements. In case such owners or any of them neglect or refuse or are incompetent to make such nomination, the Judge shall on proof of such service and publication of said notice, nominate two appraisers, and the Judge shall by order, in writing, direct the said appraisers so appointed to value the lands, the appraisers so appointed having first subscribed an affidavit in writing to be sworn before a Justice of the Peace or commissioner to be annexed to such Order to the effect that they will faithfully make such appraisement, shall proceed to appraise the said lands or easements and shall make such appraisement in writing under the hands of the appraisers or a majority of them, and return such appraisement with the order and affidavit to the said Judge or to any Judge of the Supreme Court, who may confirm, modify, alter or reject such appraisement or may direct an appraisement de novo. The company upon paying or tendering the amount of the appraise ment to the owners or occupiers or to such party or parties as the Judge shall direct, or in case where the owner or occupier is incompetent to make a conveyance, depositing the sum so appraised in court or dealing with it in such way as the Judge may direct, and registering such order, appraisement, affidavit and confirmation in the office of the Registrar of Deeds for the county or district where the lands lie (who is hereby required to register the same), shall be considered the owner of such lands or easements. 4. Except as herein otherwise provided the pro- Arbitration Act visions of the Arbitration Act, shall apply to pro- applies. ceedings taken under Section three of this Act. CHAPTER 122. An Act Relating to the Property of M. J. Burke. (Passed the 23rd day of April, A. D., 1923). WHEREAS, on the 12th day of March, A. D., 1903, Preamble by deed recorded in the office of the Registrar of Deeds at Halifax, in the County of Halifax, in book 356, folio 292, one Murdoch Campbell conveyed to one Isabella Weir Roome, now Isabella Weir McKay, and assigns certain real estate in the City of Halifax, in said deed described, the word "heirs" having been inadvertently omitted before the words "and assigns;" And Whereas, on the 10th day of November A. D., 1906, by deed recorded in the office of the Registrar of Deeds at Halifax, in the County of Halifax, in book 380, folio 573, the said Isabella Weir Roome conveyed the said real estate to one Charles J. Penny; And Whereas, on the 11th day of March, A. D. 1907, by deed recorded in the office of the Registrar of Deeds at Halifax, in the County of Halifax, book 383, folio 677, the said Charles J. Penny conveyed the said real estate to one M. J. Burke; veyance ratified Be it therefore enacted by the Governor, Council, and Assembly, as follows: Sale and con- 1. That the said deed made by said Murdoch and confirmed. Campbell to said Isabella Weir Roome dated the 12th day of March A. D., 1903, and recorded in the office of the Registrar of Deeds at Halifax, in the County of Halifax, in book 356, folio 292, vested the real estate in said deed described in the said Isabella Weir Roome, now Isabella Weir McKay, in fee simple and the said subsequent sale and conveyance to said Charles J. Penny, and the said subsequent sale and conveyance by said Charles J. Penny to said M. J. Burke be and the same are hereby legalized, ratified and confirmed, and the said real estate is hereby declared to have been vested in the said Charles J. Penny by the said deed from said Isabella Weir Roome, and the said real estate is hereby declared to have been vested in the said M. J. Burke by the said deed to him from said Charles J. Penny. Certified Copy of Act to be recorded. 2. This Act shall not take effect until a copy of this Act certified under the hand of the Clerk of the House of Assembly is recorded in the said office of the Registrar of Deeds for the County of Halifax. Preamble. CHAPTER 123. An Act to Vest Certain Lands in Halifax in David (Passed the 23rd day of April, A. D., 1923). WHEREAS, the Society of Saint Vincent de Paul of Halifax, N. S., by deed dated the 23rd day of December, 1921, and recorded in the Registry of Deeds at Halifax in book 533, page 560, conveyed certain lands to David Dixon and John Feetham, both of Halifax, N.S.; And Whereas, the land in question was devised to the said Society by one Richard Lynagh, who died on the 21st day of November, 1916, having first devised the land in question to his brother, Michael Lynagh, for life and upon his death to the said Society; And Whereas, a doubt has arisen with reference to the title of the said Society to said land due to there being no record of any previous conveyance of the land in question to the said Richard Lynagh in the Registry of Deeds at Halifax or elsewhere, and there being no record in the Probate Court of the land in question having been devised to the said Richard Lynagh or his predecessors in title; And Whereas, there are no relatives surviving the said Richard Lynagh or his brother, Michael Lynagh; And Whereac, the said Richard Lynagh had previous to the devise to the aforesaid Society held undisturbed and undisputed possession of the said land for a period of forty-nine years or more; And Whereas, the only records existing in the City of Halifax are those in the office of the City Assessor, which records show that the land in question was assessed to the said Richard Lynagh in the year 1874, and that from this date up to the date of the aforesaid conveyance to the aforesaid Society the said Richard Lynagh had paid all the city taxes and rates assessed against the said property; Be it enacted by the Governor, Council, and As sembly, as follows: (1) That certain lot, piece or parcel of land with Land vested. the buildings thereon situated on the south east corner of Maitland and Cornwallis Streets, in the City of Halifax, and described in the Will of the said Richard Lynagh, dated the 18th day of March, 1913, and probated in the Probate Court on the 17th day of December, 1916, is hereby vested in the said David Dixon and John Feetham of Halifax aforesaid, in fee simple; (2) All claims, rights and interests of all other Claims and inpersons in respect to said lands are forever barred. terests of others barred. |