time to time have full power and authority to land and place on either side of said Canal, within twenty yards of the same, all materials and other things to be used in and about the same, and there to work and use such materials and things according as they the said Commissioners, and the persons to be by them appointed, shall think proper, without any previous agreement with the owner or owners of the land, doing as little damage as may be, and making such satisfaction as hereinafter mentioned to the respective owners and occupiers of all lands and grounds, tenements and hereditaments which shall be used and occupied, altered, damaged, spoiled, taken, or made use of by means or for the purposes of this Act. 3. The said Commissioners shall make, allow, and pay reasonable and proper compensation and satisfaction for all lands, tenements, and hereditaments taken, used, and occupied, altered, damaged, or spoiled by means of and for the uses and purposes of this Act, to be agreed upon by the said Commissioners and the respective owners and occupiers of such lands, tenements, and hereditaments; and in case of disagreement between them or any of them, then such compensation and satisfaction shall be determined by three arbitrators, one to be chosen by the said Commissioners, and one by the owner or owners, occupier or occupiers of the private property in question; which two arbitrators so chosen shall choose the third arbitrator, and in case of their not agreeing in such choice within ten days after their appointment, then and in such case it shall and may be lawful for the Lieutenant Governor or Commander in Chief for the time being, upon application of the said Commissioners, to appoint the third arbitrator; the award of the said arbitrators or any two of them shall be final and conclusive in the matters referred to them; and the amount adjudged and awarded to them respectively shall be paid by the said Commisioners within thirty days after such award shall be duly made and delivered; and in case any of the said owners or occupiers of such property shall decline or refuse to make such agreement or appoint such arbitrator, then and in such case it is hereby declared that such person or persons so declining or refusing shall have no other remedy, either at law or in equity against the said Commissioners for any loss or damage which he, she, or they may sustain by reason of making, erecting, digging, building, finishing, and maintaining such Canal. 4. If any person or persons shall wilfully or maliciously, and to the prejudice of the said undertaking, break, damage, throw down, destroy, injure, or remove any of the works to be erected, or materials to be used by virtue of this Act, any such person or persons so offending shall be deemed and adjudged guilty of felony, and being lawfully convicted thereof shall be liable and subject to the punishment prescribed for felony in and by an Act made and passed in the first year of the Reign of His late Majesty King William the Fourth, intituled An Act for improving the administration of Justice in criminal cases. 5 & 6. Repealed by 17 V. c. 36, s. 1. 7. The said Canal, and all and singular the lands on either side taken in the manner hereinbefore pointed out, and all roads and paths along the same, and all other the appurtenances to the said lands and Canal belonging, shall be deemed and taken to be public property of the Province, and under the control of the Legislature thereof, and shall be free from any toll or charge. 4th VICTORIA-CHAPTER 7. An Act to extend the provisions of an Act intituled An Act to enable the Commissioners of Highways in the Parishes of Maugerville, Sheffield, and Waterborough, to lay out Highways, and to appropriate part of the Statute Labour for securing the Bank of the River in front of those Parishes, to the Parish of Gagetown, in Queen's County. Section 1.-Act 45 G. 3, c. 13, extended to Gagetown. Passed 19th March 1841. Be it enacted, &c.—1. From and after the passing of this Act, an Act made and passed in the forty fifth year of the Reign of His Majesty King George the Third, intituled An Act to enable the Commissioners of Highways in the Parishes of Maugerville, Sheffield, and Waterborough, to lay out Highways, and to appropriate part of the Statute Labour for securing the Bank of the River in front of those Parishes, and all the provisions thereof, be and the same are hereby extended to the Parish of Gagetown, in Queen's County. [Note. See Local Acts for Sunbury, 45 G. 3, c. 13.] 17th VICTORIA-CHAPTER 36. An Act in amendment of an Act to provide for making and maintaining a Canal across Grimross Neck, in Queen's County. Section. 1. Repeal of Sections of what Act. Section. 3. Commissioner's powers. Passed 1st May 1854. WHEREAS the necessary information relating to the construction of a Canal across Grimross Neck, in Queen's County, has now been obtained, and it is thought that the work can be carried on and completed more efficiently and economically under the superintendence of one Commissioner ; Be it therefore enacted, &c.-1. The first, fifth, and sixth Sections of an Act made and passed in the second year of the Reign of Her present Majesty, intituled An Act to provide for making and maintaining a Canal across Grimross Neck, in Queen's County, be and the same are hereby repealed. 2. It shall and may be lawful for the Lieutenant Governor to appoint one fit and proper person to be a Commissioner for opening, cutting, finishing, and maintaining a Canal across Grimross Neck, in Queen's County, and to remove such Commissioner at pleasure, and to appoint another in his stead. 3. Such Commissioner shall have all the powers and authority as were in and by the said Act vested in the three Commissioners. SUNBURY. 34th GEORGE 3rd-CHAPTER 9. An Act for preserving the Bank of the River Saint John in front of the Parishes of Maugerville, Sheffield, and Waterborough. Section. 1. When neat cattle not permitted to go at large. 2. When pound keeper may sell impounded cattle, &c. Section. 3. Justices, when may cause gates to be 4. To what this Act shall not extend. WHEREAS the annual overflow of the River Saint John washes away large portions of very valuable land on its banks in front of the Parishes of Maugerville and Sheffield, in Sunbury County, and the upper part of Waterborough Parish, in Queen's County, and frequently obliges the inhabitants to remove their houses, fences, and other improvements, to their great damage and inconvenience: And whereas the pasturing of cattle on the said banks contributes greatly to this alarming waste of land, and prevents grass and bushes when planted from growing, binding, and preserving the ground;— Be it enacted, &c.-1. No neat cattle, horses, sheep, swine, or goats, shall be suffered to go at large in the highway, or graze on the bank of the River Saint John, in front of the Parishes of Maugerville and Sheffield, and the upper part of Waterborough Parish, as far as the upper line of Benjamin Birdsall's land, between the tenth day of March and the tenth day of November annually, and if any person or persons shall find any such cattle going at large or grazing as aforesaid, such persons are hereby authorized to take and drive the same to the nearest pound, and the pound keeper shall receive and detain the same until the owner or owners shall pay the penalty of three shillings for each neat cattle or horse, and one shilling for each sheep, swine, or goat, and also one shilling per day to the pound keeper for feeding each neat cattle or horse, and four pence per day for feeding each sheep, swine, or goat, together with the usual charges for crying the same, within fourteen days after they shall be so impounded; one half of which penalties shall be for the use of the poor in such Parish where the offence may be committed, and the other half to the person or persons who shall impound the same; and may be sued for and recovered before any one of His Majesty's Justices of the Peace. 2. In case the owner or owners of such neat cattle, horses, sheep, swine, or goats so impounded, shall neglect or refuse to pay the aforesaid penalties and charges, then the said pound keeper is hereby authorized to sell publicly so many of them as may be necessary for that purpose, and the overplus money arising from such sale shall be paid by the said pound keeper to the owner or owners thereof. 3. The Justices in their General Sessions within the respective Counties where such Parishes lie, are hereby authorized to cause to be erected and kept up across said highway from the said tenth day of March to the said tenth day of November, two strong swing-gates of suitable width, and a water-fence adjoining to each gate, one of which gates so to be kept up, to be erected at or near the upper line of the Parish of Maugerville, and the other at or near the upper line of the lands of Benjamin Birdsall, in the said Parish of Waterborough; and the said Justices shall also cause two suitable posts of wood, one on each side of each gate, to be fixed firmly in the ground, with notches cut into the said posts for steps for the benefit of travellers; and the said Justices are hereby also authorized and required to order an assessment of the expense of erecting the said gates, fences, and posts, to be made on the freeholders and inhabitants residing within the district of the Parishes where such gates, fences, and posts are hereby authorized to be set up; and if any person or persons shall wantonly leave open, pull down, or destroy such gate or gates, water-fences or posts, such offender or offenders upon conviction, shall pay double costs or damage as may be awarded to any person or persons whatsoever, to be sued for and recovered in manner aforesaid; and in case of inability to pay the same, shall suffer one month's imprisonment without bail or mainprize. 4. This Act shall not extend to any neat cattle, horses, or other stock which may be travelling along said road from one part of this Province to another. 5. This Act shall be and remain in full force for and during the term of two years, and no longer. |