VI. In every case of distress for rent, a tender of the rent in arrear, and of the charges of such distress, at any time before the commencement of the sale of the property distrained, shall be sufficient to stay the proceedings on such distress, and to entitle the person distrained upon to a return of the property so distrained upon; and the party, whose goods shall be distrained, shall be at liberty to plead such tender in bar to any avowry or cognizance; and shall be entitled to recover damages in an action on the case against the party by whom or by whose agent or bailiff the goods so distrained shall be withheld after such tender; and for the purposes of this Act, the bailiff appointed, in writing, by the known agent or receiver of any landlord, or of the person substantially or beneficially entitled to the rent for which the distress shall be made, shall be deemed to be the bailiff of such landlord or person so entitled.

VII. No distress for rent made otherwise than by the landlord of any premises, or his known agent or receiver, in person, shall be lawful, unless made by virtue of a written or printed warrant, or order to distrain, signed by the landlord or person substantially and beneficially entitled to the rent for which the distress shall be made, or his known agent or receiver, directing the bailiff or other person to distrain the tenant or tenants, person or persons, or on the land and premises named therein, and bearing upon it the date when, and the name of the place at which it is signed, nor unless such warrant or order shall be signed within twenty days next before the time when such distress shall be made.

CAP. XVI.

An Act to alter and amend the Act incorporating the minister 2 W. 4, c. 18. and elders of Saint John's Church, Belfast.

This Act remains in force, but has been printed in the volume of private

and local Acts, pursuant to directions of Act 24 Vic., c. 3.

CAP. XVII.

An Act to alter and amend the Act relating to the Charlotte- 15 Vic., c. 34. town ferry, and the wharfs connected therewith.

[Passed April 14, 1856.]

WHEREAS the contract for the lease of the Hillsborough

ferry opposite Charlottetown, otherwise called the Charlottetown ferry, to John Roach Bourke, of Township forty

Ferry wharf to be built at the street in Char

end of Prince

lottetown.

der the control

of Lieut. Governor in Council.

nine, Esquire, entered into under the provisions of the Act of the fifteenth Victoria, chapter thirty-five, and dated the eighth day of April, one thousand eight hundred and fifty-one, has been annulled and declared forfeited, and a new contract for the lease of the said ferry, under the said Act, hath been or is about to be entered into by His Excellency the Lieutenant Governor; and whereas it is intended to build a ferry wharf on the Charlottetown side of the Hillsborough, and it is deemed necessary to make provision for the same, and the regulation thereof, and also otherwise to amend the law relating to the said ferry: Be it therefore enacted, by the Lieutenant Governor, Council and Assembly, as follows:

I. The Lieutenant Governor and Council are hereby authorized to cause a new ferry wharf to be built on the Charlottetown side of the Hillsborough, at the end of Prince street, to extend out a sufficient depth to allow the ferry boat to land passengers, cattle, carriages and other freight, without danger or difficulty, both at high and low water, and to be otherwise fitted with landing slips and docks for public convenience and safety.

II. The said ferry wharf to be built at the end of Prince Wharf to be un- street shall be under the management and control of the Lieutenant Governor, or the Administrator of the Government for the time being, in Council, who shall have power to make and enforce such rules and regulations for the management and preservation of the same, and as to what boats or vessels (if any) shall be allowed to use it, or what articles shall be permitted to be deposited thereon, as from time to time he may think fit.

pointed, authorized to carry

out rules and

collect wharf

III. It shall be the duty of such person, as may from time Any person ap- to time be nominated and appointed by the Lieutenant Governor in Council for that purpose, to carry out such rules and regulations, as, in manner aforesaid, may be made for the age rates, &c. management of the said new wharf, and to demand and recover in Her Majesty's name, in the Court of Commissioners for the recovery of small debts in Charlottetown, or before any two of Her Majesty's Justices of the Peace for the County, any sum of money which may be due from any person or persons for the use of the said wharf for a vessel, boat or otherwise.

Queen street

wharf to be ferry wharf until now one be built

IV. Until the said wharf at the end of Prince street shall be completed and ready for the purposes of the said ferry wharf, the ferry boat shall start from the Queen street wharf in Charlottetown, and from the Minchin's Point wharf on the side of the Hillsborough opposite Charlottetown, and a sufficient space at the end, or some other convenient part of each of the said wharfs, shall always be kept clear for the boats em

ployed on the said ferry to come alongside and discharge and take in passengers, cattle and goods; and it shall be the duty of the wharfinger of the Queen street wharf, and of the wharfinger of the wharf at Minchin's Point, and they are hereby empowered, with respect to their respective wharfs, to enforce the provisions of this section, and to remove, or cause to be removed, all vessels, goods, boats, or other things which obstruct the free approach of the ferry boats to the said wharfs; and the wharfinger at Minchin's Point shall have the same duties and powers, with respect to keeping the said wharf clear for ferry boats, after the said wharf at the end of Prince street shall be completed and the ferry boats shall run therefrom, as are hereby given to him, when the ferry boats run from the Queen street wharf.

V. When no tender for the said ferry shall be received, under the said Act, after any advertisement calling for the same, or where, from any cause, any contract or lease connected with the said ferry, shall become and have been declared forfeited by the Lieutenant Governor, it shall be lawful for the Lieutenant Governor, with the advice aforesaid, until a regular lease or contract shall have been entered into under this Act, to make such rules, regulations and arrangements respecting the said ferry, and the management and conduct thereof, as he shall deem to be most for the public benefit, advantage and convenience.

VI. The present lessee of the said ferry and the premises connected therewith, and also every person who shall or may hereafter become the lessee or ferryman thereof, under this or the said recited Act, shall be subject to such rules and regulations as may have been or shall be fixed and determined by the Lieutenant Governor in Council, respecting the same, previous to the execution of the lease, license or contract therefor, and mentioned and specified therein; and such lease, license or contract shall be and become void and forfeited, on breach of any of the said rules and regulations thereby required to be performed on the part of the lessee, licensee or contractor, when and so soon as a notice in writing, signed by the Lieutenant Governor, declaring the same to be forfeited for such breach, shall have been served on the lessee or contractor, or inserted twice in the Royal Gazette newspaper published in this Island.

Where no tender is received &c. Lt. Governor may make rules ment thereof.

for the ferry,

for the manage

Lessee of ferry

to be subject to the rules insert

ed in his contract, &c.

into a lease of

VII. The Lieutenant Governor, with the advice and con- Lt. Governor, sent aforesaid, shall, from time to time, when occasion may &c. on entering require, on entering into any lease or contract for the said the ferry, shall ferry, settle and fix the times of the running of the ferry settle times at boats across the said ferry, and make such other stipulations boats are to and regulations respecting the same, and the management run, &c.

which the ferry

&c., to be kept

exclusively

use of ferry boats, &c.

for

thereof, as he may think desirable and requisite for the public convenience and advantage.

VIII. The floating brows, landing slips and docks, now or Floating brows, hereafter to be built on both sides of the said ferry, shall at all times be kept clear for, and used exclusively by the boats belonging to, or plying for the ferryman or lessee of the said ferry for the time being, licensed and recognized by the Lieutenant Governor as aforesaid; and any person making use of the same, without the consent of such ferryman or lessee, shall be liable to pay a penalty not exceeding the sum of ten pounds for each offence, to the use of the ferryman or lessee, or other person suing for the same, recoverable in the name of the ferryman or lessee, or other person suing for the same, before any one of Her Majesty's Justices of the Peace, or Mayor or City Councillor, for the time being, for the City of Charlottetown.

Repeals 4th, 5th, 6th and 17th sections of 15 Vic. c. 34.

IX. The fourth, fifth, sixth and seventeenth sections of the said Act of the fifteenth year of her present Majesty's reign, chapter thirty-four, shall be and the same are hereby repealed.

tion Act, 18th Vic. c. 34.

CAP. XVIII.

See incorpora- An Act relating to the boundaries of the City of Charlottetown, and the jurisdiction of the Mayor's and Police Courts. of the said City, and for other purposes therein mentioned.

This Act remains in force, but has been printed in the volume of private and local Acts, pursuant to directions of Act 24 Vic. c. 3.

CAP. XIX.

7 W. 4, c. 29.

An Act for transferring to one of Her Majesty's principal Secretaries of State the powers and estates vested in the principal officers of the Ordnance.

[Passed April 14, 1856.]

HEREAS by various Acts of the General Assembly of this Island, and particularly by an Act of the said Assembly, made and passed in the seventh year of the reign of his late 7 W. 4, c. 29. Majesty King William the Fourth, chapter twenty-nine, various powers and authorities were given to, or vested in, and exercisable by the principal officers of Her Majesty's Ordnance, and by the said Act, and by or under divers conveyances, surrenders, assignments and leases, or by some other means, divers lands, hereditaments, estates and property, held, purchased, taken,

ised and occupied for the Ordnance and barrack services in his Island, before and at the time of the revocation by Her Majesty, next hereinafter mentioned, were vested in the said principal officers; and whereas Her Majesty hath thought fit o revoke the said letters patent of some of the said principal officers, and, by other letters patent, to transfer to one of Her Majesty's principal Secretaries of State the administration of the department, the duties of which were previously executed by the said principal officers of Her Majesty's Ordnance and whereas it is expedient, that the said several powers and authorities, and the said lands, hereditaments, estates and property, and all interest therein respectively, should be also transferred from the said principal officers, and vested in one of Her Majesty's principal Secretaries of State: Be it therefore enacted, by the Lieutenant Governor, Council and Assembly, and by the authority of the same, as follows:

Powers, &c.,

principal offinance within this Island, to to Her Majesty's Secretary

cers of the Ord

be transferred

I. All the powers, authorities, rights and privileges whatsoever, which by virtue of the said recited Act, or any other vested in the Act of the General Assembly of this Island, or of any other law, custom, or usage whatsoever, have been or were at any time vested in or exercised or exercisable by the principal officers of Her Majesty's Ordnance, or any of them within this Island, shall from henceforth continue in full force, and shall be, and the same are hereby declared to be, transferred to, and vested in, and exercisable by Her Majesty's principal Secre- ment. tary of State for the time being, to whom Her Majesty shall think fit to entrust the seals of the war department.

II. All lands, hereditaments, estates and property whatsoever, within this Island, which, by virtue of the said recited Act, or any other Act of the said General Assembly, or of any conveyance, surrender, lease, or other assurance, or of any law, custom or usage whatsoever, before and at the time of the revocation of Her Majesty, herein before mentioned, were vested in the principal officers of the Ordnance, on behalf of Her Majesty, or which have been at any time before the passing of this Act held, used, occupied or purchased, vested or taken by or in the name of, or by any person or persons in trust for Her Majesty for the use and service of the said department, or for the defence and security of the realm, and which have not been sold, aliened or parted with, shall from henceforth be, and the same are hereby declared to be transferred to, and vested in the last mentioned principal Secretary of State; and when any succeeding principal Secretary of State, to whom Her Majesty shall have entrusted the seals of the war department, shall cease to hold such office, the said several lands, hereditaments, estates and property, and all lands, hereditaments, estates and property which hereafter shall be purchased or otherwise acquired within this Island by

of State for the war depart

All lands, &c.,

within this Island vested in vested in said Secretary of State, &o.

such officers,