the use of the War Depart ment. Principal Secretary may purchase and take lands, &c., for the service of the ment. property and premises at any time vested in him, and may direct all or any of the lands and other real property and premises agreed to be purchased or taken by him, to be conveyed, surrendered or assigned to a trustee or trustees for the use of the War Department or the defence of this Province, upon the trusts to which the same are or ought to be subject. 9. Such Principal Secretary of State as aforesaid may from time to time contract for, purchase and take, for and on behalf of Her Majesty, Her Heirs and Successors, any lands or other real property, or any lease of, or other interest in the same War Depert- which in his judgment it is desirable to purchase or take for the service of the said War Department, or the defence of this Province, upon such terms as to such Principal Secretary of State seem meet,-and may enter into any contracts necessary for that purpose;-And all such lands or other real property, estate or interest therein so purchased shall be conveyed, granted or surrendered to such Principal Secretary of State in trust as aforesaid. Enabling clause. Certain parties Secretary of State. 10. All bodies politic or corporate, ecclesiastical or civil,— and all feoffees and trustees for charitable or other public purposes, and all tenants for life, or in tail, or in substitution,-and the husbands, guardians, trustees, committees, curators, tutors or attorneys of such of the owners or proprietors of, or parties interested in any lands or other real property, agreed to be may convey to purchased, or taken by such Principal Secretary of State as the Principal aforesaid, for any of the purposes aforesaid, as are married women, femes covert, minors, infants, lunatics, idiots, interdicted persons, or persons absent from the Province, or otherwise incapable of acting for themselves,-may validly contract and agree with such Principal Secretary of State, either for the absolute sale or exchange of any such lands, or other real property, or for the sale, grant or release of any estate, right, title or interest therein, or for the reversion thereof after any estate or estates for lives or years or other future or contingent interest, or for any term of years therein, or for such period as the exigency of the public service may require, and may convey, surrender, grant or demise the same accordingly: Contracts, etc., to be valid. Their legal effect. Power to seli or dispose of the property 2. And all contracts, sales, conveyances, releases, surrenders, leases and agreements made in pursuance of this Act shall be valid and effectual in law and in equity to all intents and purposes whatsoever, and shall be a full and complete bar to all dower and claims of dower, estates-tail, substitutions, mortgages, hypothecations and other estates, rights, titles, trusts, uses and interest whatsoever. 11. Such Principal Secretary of State as aforesaid may sell, exchange, or in any manner dispose of, or let or demise any vested by this lands or other real property vested in him by virtue of this Act, or any estate or interest therein so vested, or any of the said moveable and personal property hereby vested in him, Act. either by public auction or by private contract,-and may convey, surrender, assign or make over, grant, demise or deliver the same (as the case may require) to any party willing to take the same in exchange or otherwise,--and may also do any other matter or thing in relation to any such lands or other real, moveable or personal property which is by such Principal Secretary of State as aforesaid deemed beneficial for the public service, and conducive to the better manageinent and use of the property hereby vested in him, which might be done by any person having an estate or interest in the same, of the same nature as that vested in or held by such Principal Secretary of State in trust as aforesaid. State may W 12. The moneys to arise and be produced by the sale, or ex- Moneys arischange, demise or disposal of any such lands or other real proing fro msuch sale to be paid perty as aforesaid, sold or exchanged, demised or disposed of to those whom under the provisions of this Act, shall be paid by the purchaser the Principal thereof or the person making such exchange, or to whom the Secretary of same are demised or disposed of, to such person or officer as direct. such Principal Secretary of State as aforesaid shall appoint to receive such moneys, for such purposes as Her Majesty may direct;-And the receipt of such person or officer as aforesaid, (such receipt being endorsed or written upon or subjoined to the conveyance, surrender, assignment, lease or other instrument, or an authentic copy thereof,) shall effectually discharge the purchaser or person by whom or on whose account such moneys are paid. ACQUIRING OR TAKING LANDS REQUIRED FOR MILITARY PURPOSES. may enter quired for the 13. Such Principal Secretary of State as aforesaid may enter Principal Secupon, survey and mark out any lands or other real property retary of State which in his judgment are wanted for the service of the War upon and surDepartment or for the defence of this Province, and may treat vey lands reand agree with the owner thereof, or with any party or person War Departwho by the preceding provisions of this Act is authorized to ment, and convey or demise the same, either for the absolute purchase of treat for them. the same or of some estate or interest therein, or for the possession or use thereof, during such time as the exigence of the public service, in the judgment of such Principal Secretary of State, requires : 2. But before entering upon and surveying or marking out Before entry, any such lands or real property in the actual occupation of the Principal Secretary to give proprietor or any other person, such Principal Secretary of State notice in shall give notice of the day and hour of such intended entry, writing. in writing, by the space of seven days, to such owner or other person, under the hand of some Officer or person duly authorized to that effect; 3. And nothing herein contained shall authorize such Prin- This Act not cipal Secretary of State to enter upon, take possession of, or to interfere otherwise interfere with the Lands described in the Act of the gara Harbour with the Nia- Parliament of Upper Canada, intituled, An Act to incorporate the Niagara Harbour and Dock Company, but the said Company shall hold, possess and enjoy the same; anything in this Act to the contrary notwithstanding. and Dock Company. Not to prevent the construction of any 14. Nothing herein contained shall restrain or prevent the Parliament of this Province from authorizing the construction Canal or Rail- of any canal or railroad upon or over any lands reserved or set road through apart as aforesaid by the Governor of either of the said late any rezerves for military Provinces as aforesaid, in Council, for Military purposes, and which by this Act are vested in such Principal Secretary of State as aforesaid. purposes. Proceedings in case the owner refuses to sell, &c. 15. In case the person or party hereby authorized to convey or demise any lands or other real property so marked out and surveyed as aforesaid, is absent from the Province, or unknown to such Principal Secretary of State as aforesaid, or for the space of fourteen days next after notice in writing subscribed by or on behalf of such Principal Secretary of State has been served on or left at the residence or domicile of such person or party (or if the party be a body politic or corporate, having no legal domicile, then on the Chief Officer thereof, or at his usual place of residence) refuses or declines to sell, or demise, or to enter into such contract with regard to such lands or other real property, as is satisfactory to the said Principal Secretary of State, or refuses the price or consideration offered by him, then on the requisition of such Principal Secretary of State the Governor may Governor of this Province, being satisfied of the facts aforesaid, may require any Sheriff for the District, County, City, Town or place where such lands or other real property lie, to cause such Principal Secretary of State to be put into possession thereof, which such Sheriff shall accordingly do by issuing a warrant under his hand and seal, taking with himn sufficient assistance; cause posses sion to be given. Jurors summoned. Jury formed. Verdict. 2. And the said Sheriff or his Deputy shall summon twentyfour persons qualified to be Special Jurors, who stand first in order to be summoned on his lists, to be and appear at the Court House of the District or County, on a day and at an hour to be named in such warrant, and not being less than ten days after the Sheriff has put such Principal Secretary of State into possession as aforesaid, and of which day and hour he shall give notice in writing to the owner or proprietor, and to all persons whom he finds on the premises, when he gives possession thereof; 3. And at the time so appointed, a Jury shall be formed out of the Jurymen so summoned, allowing to the parties, if present, their lawful challenge to any Juror or to the array, and the said Jury being sworn before the Sheriff or his Deputy authorized to issue the warrant of possession, shall, on hearing the witnesses and the evidence adduced before them, inquire of and determine the price or compensation to be paid by such Principal Secretary of State, either for the absolute purchase of the lands or other real property in question, or for the possession or use thereof, as the case may be;-And their verdict shall be certified by the Sheriff or his Deputy aforesaid, with the costs, to be ascertained as hereinafter mentioned, that is to say: 4. There shall be allowed to the Sheriff, for executing the warrant of possession and summoning the Jury, eight dollars, and for swearing the said Jury presiding at the inquiry and receiving the verdict, four dollars, together with necessary travelling expenses;-to each Juror sworn two dollars, and a reasonable allowance to each material witness to be taxed by the said Sheriff;-And such costs shall be paid by such Principal Sec- Costs. retary of State, unless he has tendered to the opposite party a sum at least equal to that awarded by the verdict, in which last case they shall be paid by the said party; 5. And the Sheriff may cause any witnesses to be summoned, and compel their appearance, and may adjourn any meeting if Jurymen or witnesses do not attend; and such Sheriff or his Deputy may administer all necessary oaths as well to the Jurors as to the witnesses to be produced by the parties. By 29 V. c. 7, s. 7, post page 481, the compensation for lands taken under this Act was to be determined by Official Arbitrators, and not by Jury, except in certain cases. By section 9 of the same Act (page 482, post), the notice of entry above required may be desisted from and a new one given. Courts of law. 16. If the Principal Secretary of State as aforesaid, or any Appeal to the person or party interested in the lands and other real property Superior so marked out and taken as aforesaid, is dissatisfied with the verdict of the Jury, he may, at the term commencing next after the rendering of such verdict, if the owner or some person hereby empowered to convey such lands and other real property has had due notice of the taking thereof, or within one year, if they have been taken as belonging to some party unknown, or as being absent from the Province, and having left no known person therein, who might convey or demise the same on behalf of such party,-apply to the Superior Court in the District in which the lands and other real property lie if the same are in Lower Canada, or to the Court of Queen's Bench or of Common Pleas, if the same are in Upper Canada, and may suggest that he has reason to be dissatisfied with such verdict, and give notice of such application to the opposite party, and give security to the satisfaction of the Court for the payment of costs,-and thereupon the proceedings which have been had in the matter costs. and the verdict of the Jury shall be returned into Court, and if Jury to be diit appears to the Court that the application ought to be granted, rected to inthen the Court shall direct the compensation payable to be as- quire of comsessed and ascertained by a Jury according to law and the course and practice of the Court, and as any damages may be inquired of and ascertained by a Jury,-and the verdict of such Jury shall be final and conclusive, unless a new assessment of such New assessdamages is for sufficient reason granted by the Court according ment. to the course and practice thereof and to law. Security for pensation. sess separately Jury may as- 17. Any such Jury, either in the first instance or on an appeal the compensa to the Superior Court, Court of Queen's Bench or Common tion to be paid Pleas as aforesaid, may ascertain the proportion of the compensation money to be paid to any lessee or tenant at will, or otherwise, of the land or other real property in question, or of any part thereof, and may return the same as part of their verdict: to any lessee. If lessee or tenant at will isfied, or vice versa. 2. And where any such appeal is had solely on the applicais alone dissat- tion of a party dissatisfied with the sum awarded to be paid out of the compensation to any lessee or tenant at will, or otherwise, such Principal Secretary of State as aforesaid shall not be made a party to such appeal, and the total amount of the compensation awarded by the former Jury shall not be altered;— And if the appeal is had solely on the application of any party dissatisfied with the total amount of compensation awarded by the former Jury, the lessee or tenant at will shall not be made a party to such appeal, and the sum awarded to be paid to him Lands for which com shall not be altered. 18. All lands and other real property of which possession pensation is has been given to such Principal Secretary of State as aforeawarded to be said under such warrant as aforesaid, and for the absolute procipal Secretary perty of which the compensation has been ascertained by the vested in Prin of State. Principal Sec retary of State may remove build. ings erected by him on lands verdict of a Jury, in the manner herein before prescribed, shall be vested in such Principal Secretary of State, in trust as aforesaid;-And the payment or tender of the compensation to any parties who might, without this Act, have conveyed the same. or the interest, or the estate therein, for which such compensation has been awarded, or the payment thereof in the manner provided by this Act, when such party acts on behalf of others, shall for ever bar the right or claim of such party, and those for whom he acts, in or to such lands or other real property: 2. But no such lands or other real property shall be so taken in absolute property, without the consent of some party who might, under this Act, convey the same, nor for any term of years, or other term, without the consent of some party who might have demised the same for such term,-unless the necessity for taking the same has been first certified under his hand and seal by the Coinmander of Her Majesty's Forces in this Province, or unless an enemy has actually invaded this Province, when such lands or real property are so taken. 19. In all cases where any lands or real property have been demised to, or taken by such Principal Secretary of State as aforesaid, for any term of years, or for such period only as the exigencies of the public service require, such Principal Secretaken for a tary of State may, notwithstanding anything in this Act or term only; paying for any in any other Act or Law, at any time before they deliver up damage done possession of the same, take down and remove all buildings or to the soil, etc. other erections built or erected thereon for the public service, after such lands or real property were demised to, or taken by such Principal Secretary of State, and may carry away, sell or dispose of the materials thereof, making such compensation to |