the War De

missioner of

4. Her Majesty's Principal Secretary of State for the War Same powers Department shall have the same powers and rights with regard conferred on to the taking or taking possession of lands or materials required partment, as for any work connected with the military defence of the Pro- vested in Comvince, and with regard to lands required to be cleared and kept Public Works. clear of obstructions as aforesaid, as are vested by the preceding sections of this Act and the Acts therein cited, in the Com missioner of Public Works; and the price to be paid for such Compensation lands or the compensation to be paid for the exercise of such determined. powers and rights, if not agreed upon by the parties, shall be determined by the said Official Arbitrators in the manner provided by the Acts firstly and secondly cited in the Preamble to this Act, and subject to the provisions thereof, except that the testimony of witnesses shall not be taken down in writing.

how

to be exercised

5. The powers vested by this Act in the Commissioner of Powers only Public Works and in the said Principal Secretary of State, only with res respectively, shall be exercised only in respect of lands, the pect to lands necessity of acquiring or taking which for the defence of the duly certified to be required Province has been or shall be certified by the Commander of for defence. Her Majesty's Forces in this Province, under his hand and seal, or with respect to which he shall have certified in like manner that the exercise of any other of such powers is necessary for such defence, unless the consent of the owner of the lands And if by has been obtained or an enemy has actually invaded this Pro- Commissioner vince; nor shall any such power be exercised by the Co-Works. missioner of Public Works, except with respect to such works as shall be designated for the purpose by the Governor in Council.

of Public

ance to the

6. If, in any case where the said Principal Secretary of State Proceedings in has given the requisite notice, any resistance be offered or feared case of resistto his taking possession of the lands mentioned in such notice, taking possesor to his entering thereon and performing the work mentioned sion. in such notice, then on application on behalf of the said Principal Secretary of State, any Judge of the Superior Court in Lower Canada, or any Judge of the County Court in Upper Canada, may command the Sheriff of the district, county, or place where the lands lie, to put the said Secretary of State in possession thereof, or to enforce such right of entry, which such Sheriff, taking with him sufficient assistance, shall accordingly do.

under Con.

determined by

7. So much of the Act thirdly cited in the preamble to this Compensation Act, as requires any Sheriff to summon a jury to enquire of for lands taken and determine, or as authorizes any jury to enquire of and de- Stat, Can. cap. termine the price or compensation to be paid by the said Prin- 36, to be cipal Secretary of State, for the absolute purchase or for the official Arbipossession or use of any lands or real estate, of which such trators, except Sheriff has put or shall put the said Principal Secretary of State into possession, is hereby repealed as to any case in which the Jury has not been summoned at the time of the passing of this Act, but not as to any case in which a jury has been sum

in certain

cases.

Sheriff to return his doings to arlitrators.

Recital.

moned and has sat but has been discharged without rendering a verdict; and such price or compensation shall be enquired of and determined by the Official Arbitrators aforesaid, (whose award shall stand in the place of the verdict of a Jury for all the purposes of the said Act,) in the manner prescribed by and subject to the provisions of the Acts firstly and secondly cited in the Preamble to this Act, except that the testimony of witnesses shall not be taken down in writing; and the Sheriff who has given or shall give possession of any lands or real property to the said Principal Secretary of State shall certify to the Official Arbitrators his doings in that behalf when by them required so to do.

By 31 V. c. 12 s. 51, post page 528, this Act is to be construed as referring to that Act, and to the Arbitrators therein mentioned, instead of the Arbitrators mentioned in this Act.

8. And inasmuch as the twenty-first section of the Act thirdly cited in the Preamble to this Act applies only to the case where the party conveying any property to the said Principal Secretary of State could not have legally conveyed the same without the said Act, or has not the absolute interest therein, and not to the case where there are merely hypothecs or incumbrances on such property, and the ordinary proceedings for confirmation of 21, repealed, title cannot be applied in such case; therefore the said section and new provision substitut is hereby repealed, and the following section shall be substituted therefor, and shall be read as part of the said Act as hereby amended:

Con. Stat. Can. cap. 36, sec.

ed.

Notice of entry upon lands

may be desisted from.

under this

Act.

any

The section referred to relates only to Quebec.

9. The said Principal Secretary of State may desist from notice given under this Act or the fifteenth section of the Act thirdly cited in the Preamble to this Act, and may give new notice either for the same or any greater or less extent of lands; Notice under any notice given under the said section before the passing of Con. Stat. this Act shall be held to be a sufficient notice to enable the Can. c. 36, good said Principal Secretary of State to take or to be put into possession of the lands therein mentioned, either under this Act or under the said section, and to refer the question of price to the said Official Arbitrators; no notice of entry to survey shall hereafter be requisite under the said Act, but the said Principal Secretary shall have the same powers as the Commissioner of Public Works to make surveys; any written offer made by the said Principal Secretary of State to pay any sum of money, shall be held to be a legal tender thereof; and the said Principal Secretary of State shall not be bound to give security in any case of appeal or other proceeding.

No notice for

survey required; offer

by Secretary of

State, &c.

Change in

land after no

10. No change in the ownership of any real estate after notice ownership of under this Act or the Act thirdly cited in the Preamble to this tice given, not Act, that such real estate is required for the defence of the to affect pro- Province, shall affect the said notice or the proceedings conseceedings.

ment made

quent upon it, or the verdict or award in the case, or the possession No improveor title of the said Principal Secretary of State; nor shall any after the same. improvement made on any real estate after such notice, be taken into consideration in determining the price or compensation to be awarded.

ment under

affected by this

expressly pro

11. Nothing in this Act shall impair or affect any right or Rights of the power given to the said Principal Secretary of State by the Act War Depart thirdly cited in the Preamble to this Act or any provision of the Con. Stat. Can. said Act not expressly repealed by or inconsistent with this Act c. 36, not which shall be construed as forming part of the said Act, the Act except provisions whereof as hereby amended shall apply to lands taken where under this Act; and the compensation to be paid for the exercise vided. of the powers mentioned in the second section of this Act may be agreed upon, and the requisite covenants to keep the land for ever clear of the obstructions mentioned in the notice in that behalf may be entered into, so as to bind all future owners and possessors of the land, by any party who could, under the said Act, convey such lands to the said Principal Compensation Secretary of State,-and such compensation shall be paid to for clearance such party on his entering into such covenant, saving any just rights, to claim of any other party against him for such compensation or ble. any part thereof.

whom paya.

given under

12. Any authority given by the said Principal Secretary of Delegation of state to any person to exercise any of the powers given by the authority to exercise powers Act thirdly cited in the Preamble to this Act, shall extend to under c. 36, to the exercise of the powers given for like purposes by this Act; include those and the authority of any officer in Her Majesty's army to exer- this Act. cise any power given to the said Principal Secretary of State by the said Act or by this Act, shall not be called in question, except by some superior officer in Her Majesty's army or by the said Principal Secretary of State.

for defence.

13. All works connected with the defence of the Province Certain Acts to shall be Public Works within the meaning and scope of chapter apply to works twenty-nine of the Consolidated Statutes of Canada respecting riots near Public Works, and of chapter thirty of the said Consolidated Statutes respecting the sale of Intoxicating Liquors near Public Works; the word "lands" or "real estate" in this Interpretation. Act includes all houses, buildings, or real property of any kind; the citation of the Act first cited, or of the Act thirdly cited in the Preamble to this Act, shall be a sufficient citation of the Act so cited as amended by this Act; and the expression "this Act" in either of the said Acts, shall mean the Act wherein it occurs as amended by this Act.

C. S. Can. c. 29 is almost entirely superseded by 32-33 V. c. 24 (Dom.). and 33 V. c. 28 (Dom.) C. S. Can. c. 30 is repealed by 32-33 V. c. 36 (Dom.)

Preamble. 29 V. c. 7.

Provision

unprovided for in the said

Act.

29-30 VICT. CAP. 21.

An Act to amend the Act twenty-ninth Victoria, chapter seven, respecting works connected with the Defence of the Province.

[Assented to 15th August, 1866.]

HEREAS it is expedient to remove doubts under the seventh section of the Act passed in the twenty-ninth year of Her Majesty's Reign, intituled: An Act to extend and amend the Acts respecting Public Works to and with respect to works connected with the defence of the Province, so as to provide for the decision of certain cases not provided for in the said section: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, declares and enacts as follows:

1. In any case mentioned in the said seventh section, in made in cases which a jury had not sat before the passing of the said Act, or in which since the passing thereof the jurors have been discharged as having been tampered with by the party to whom the price or compensation is to be paid, or otherwise through his fault, without rendering a verdict, such price or compensation shall be enquired of and determined by the official arbitrators in the manner provided in other cases in and by the said section and Act.

Lands vested

missioners of

C. S. C. CAP. 37.

An Act respecting Lands and Real Property held by the Imperial Authorities for the Naval Defence of the Province.

H

ER MAJESTY, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

PROPERTY VESTED IN ADMIRALTY COMMISSIONERS.

1. All docks, dock-yards, arsenals, piers, wharves, quays, in the Com- slips, messuages, lands, lands covered with water, beaches, the Admiralty. beds of rivers, canals, roads and works connected therewith, tenements, estates and other hereditaments, real property,

rights, easements and servitudes whatsoever (all which things shall be intended by the words "Lands and other Real Property" wheresoever they occur in this Act) within this Province, and immediately before the passing of the Act 14, 15 V. c. 17 (30th August, 1851), vested in Her Majesty, the Lord High Admiral or Commissioners for executing the office of Lord High Admiral aforesaid, or in any other person or persons, officer or officers, commissioner or commissioners in trust for Her Majesty, and set apart, used or occupied for purposes connected with the naval defence of this Province or any other the purposes aforesaid, or placed under the charge or control of the officers of Her Majesty's Navy, or any of them, whether the same became vested in Her Majesty or Her Royal Predecessors for such purposes by the cession of this Province, or have been by Her or them set apart or transferred from the lands, demesnes, or other real property of the Crown, or from the Clergy Reserves, or have been intended to be so set apart or transferred for any of the purposes aforesaid, or have heretofore been purchased for such purposes or any of them, by any officer or other person whomsoever for any such purpose, and paid for out of funds provided for that purpose by the Parliament of the United Kingdom, and surrendered or conveyed to Her Majesty or Her Royal Predecessors; or to some person in trust for Her or them, or have been set apart or transferred, or have been taken for any such purposes under the authority of any Act or law in force in this Province, or in any part thereof, by whatsoever mode of conveyance the same have been purchased and taken, and whether in fee or absolute property, or for any life or lives or term or terms of years, or for any lesser interest, or à titre de cens,—and more especially, but without intending that the enumeration or specification thereof should exclude any other lands or real property within the descriptions aforesaid, the lands and other real property mentioned and described in the Schedule to this Act annexed, and all such lands and other real property, and all others which, having been acquired and purchased or taken for the Crown, and the price or compensation thereof paid out of funds provided by the Imperial Parliament, Her Majesty shall be pleased to direct to be vested as hereinafter mentioned, and all erections and buildings which now are erected or built thereon, whether before or after the said 30th day of August, 1851, together with the rights, members and appurtenances to the same respectively belonging, and also all the moveable and personal property of Her Majesty held or used for the services and purposes aforesaid, or any of them, are and shall be vested and shall remain vested in the Commissioners for executing the office of Lord High Admiral of the United Kingdom of Great Britain and Ireland for the time being, and their successors in the said office for ever, according to their respective nature and quality, and the several estates and interests therein, subject to the provisions of this Act, and in trust for Her Majesty, Her Heirs and Successors, for the service of the said department, or for such other services as Her Majesty,