CAP. XV. An Act relating to the packet service between Bedeque and [Passed April 16, 1853.] WHEREAS the licensee of the Government packet, estab lished between Bedeque, in this Island, and Shediac, in New Brunswick, under and by virtue of the Act passed in the fifteenth year of the reign of Her present Majesty, intituled "An Act to facilitate the intercourse between this Island and the Provinces of Nova Scotia and New Brunswick," hath lately signified to the Government of this Island his willingness to surrender and cancel his license, and to be released from his contract in respect thereof: Be it therefore enacted, by the Lieutenant Governor, Council and Assembly, as follows: I. It shall be lawful for the Lieutenant Governor, by and with the advice and consent of Her Majesty's Executive Council, to take a surrender of the license granted under the said Act to run a packet between Bedeque and Shediac from the present holder thereof, and to cancel the same, and to discharge the licensee from the conditions thereof, and to call for new tenders for running such a packet between the said ports, and to grant a license therefor from time to time, when required, in all respects subject to and in accordance with the provisions of the said recited Act in relation thereto, or regulating the same. II. There shall be granted, during the continuance of the said recited Act, and paid out of the public treasury of this Island, by warrant, under the hand and seal of the Lieutenant Governor, to the person who shall be licensed to run a sailing packet between Bedeque and Shediac aforesaid, an annual sum, not exceeding thirty pounds, during the continuance of his license; the one half of which payment shall be made on the first Thursday in August, and the remainder at the closing of the navigation in each year: provided always, that the licensee, before any such payments be made, shall satisfy the Lieutenant Governor in Council that he has fully complied with the conditions of his license. See 15 Vic. c. 6. Surrender of license to run Bedeque and Shediac, under permitted to be taken. packet between 15 Vic. c. 6, The sum of £30 per annum to be paid to the person who shall be licensed to run said packet. III. The grant of eighty pounds annually to the person The former licensed to run the said packet between Bedeque and Shediac grant of £80 aforesaid, given by the third section of the said recited Act of per annum for the fifteenth Victoria, chapter sixth, shall be, and the same is such packet hereby repealed. repealed. CAP. XVI. Repealed by 17 An Act to incorporate the Newfoundland and Prince Edward Island Electric Telegraph Company. Vic., c. 4. Repealed by 18 Vic. c. 13. CAP XVII. An Act to amend the Act regulating the public wharf at Amended by 20 Vic. c. 20, and 23 Vic., c. 21; and amount of loan extended by 23 Vic. c. 25. Preamble. Lieutenant Go vernor to advertise for ten ders for the sale of township and other lands to the Govern ment. CAP. XVIII. An Act for the purchase of lands on behalf of the Government of Prince Edward Island, and to regulate the sale and management thereof, and for other purposes therein mentioned. [Passed April 16, 1853.] WHEREAS it would conduce much to the prosperity of this Island if the tenantry thereof were enabled to convert their leasehold tenures into freehold estates, at an easy rate, and on fair terms, and the wilderness and unoccupied lands were made more readily attainable for settlers than at present is the case: and whereas, in order to effectuate such desirable purpose, it will be necessary to purchase the fee simple and reversion of the said lands from the proprietors thereof, and to sell the same to the tenants now occupying the same, or otherwise, as the circumstances of the case may require, and from time to time, when required, and as purchases may be made to raise sufficient sums of money therefor, on the credit of the Government, and to regulate the mode of raising and applying such money and the repayments thereof, and of selling and managing lands so to be purchased: Be it therefore enacted, by the Lieutenant Governor, Council and Assembly, as follows: I. That after this Act shall go into operation, it shall be lawful for the Lieutenant Governor, by and with the advice and consent of Her Majesty's Executive Council of this Island, from time to time, to cause advertisements to be published in the Royal Gazette newspaper of this Island, calling for tenders for the sale of township and other lands to the Government of this Island, such tenders to be required to contain full particulars and descriptions of the lands offered for sale, and to be accompanied by plans and surveys thereof, and abstracts of title, and to state the number of acres offered for sale, and the quantity tenanted and untenanted, wilderness and improved lands, the names and tenures of the different tenants or occupants, rents, and other sums of money payable therefor, mortgages and other incumbrances (if any) affecting the lands offered for sale, and all other necessary information respecting the same. nor may ap same and fu ture tenders, &c.; II. If, after the receipt and consideration of any such ten- After receipt of ders as aforesaid, the Lieutenant Governor, with the advice any such tenaforesaid, shall deem it advisable to treat with any of the der, Lt. Goverparties tendering for the purchase of lands tendered for sale, point a person he may, with the like advice and consent, appoint a fit and to negociate proper person to negotiate the same, and all future tenders to be made, and to hold, manage, and dispose of the lands to be purchased under this Act, for and on behalf of the Government of this Island, for the purposes, and subject to such rules, regulations, and restrictions as are hereinafter set forth and contained concerning the same; and such person so to be appointed as in this section mentioned, and his successors in office, shall have the name and style of "The Commission- who shall be er of public lands," and as such, he and his successors in styled "The office, appointed as hereinafter mentioned, shall, for the purpose of holding lands, and doing other necessary acts and things under this Act, have perpetual succession, and a seal peculiar to the office. III. No tender for the sale of any less quantity of land than one thousand acres by any person, or wherein the aggregate price of the lands offered for sale, cultivated and uncultivated together, shall exceed the sum of seven shillings and six pence, of lawful money of this Island, per acre, shall be entertained or accepted. Commissioner of Public Lands." No tender to be received for the sale of less than 1000 acres, &c. Commissioner, IV. It shall be lawful for the Lieutenant Governor, by Lt. Governor and with the advice and consent of Her Majesty's Executive may displace Council, from time to time to displace any person so appointed &c. "The Commissioner of public lands," and to appoint another in his place, and in case of any vacancy occurring from death, resignation, removal, or otherwise, to appoint another person to fill up such vacancy. V. It shall be the duty of such "The Commissioner of Duty of Compublic lands," from time to time, when any such tender for missioner. the sale of lands shall be referred to him by the Lieutenant Governor in Council, to examine into the same, and the descriptions and particulars thereof, and to investigate, or cause to be investigated, the title of such lands, and he shall make a report of the result of such examination and investigation to the Government; and if the Lieutenant Governor, by and with the advice and consent of Her Majesty's Executive Council, shall, after receiving such report, approve of a purchase being made, and such approval shall have been duly notified In what cases Commissioner authorized to purchase lands tendered. Purposes, &c. for which lands are to be held er. to "The Commissioner of public lands," in writing, under the hand and seal of the Lieutenant Governor, directed to him, then "The Commissioner of public lands" shall be, and he is in such case hereby authorized and empowered, on behalf of the Government of this Island, to contract for and purchase the lands tendered for sale, and to enter into all necessary agreements therefor, in writing or otherwise, and to take deeds and conveyances thereof to himself and his successors in office, in trust to, and for the intents and purposes set forth in this Act, and in the form or to the effect in the schedule (A) to this Act contained and set forth, or in any other form which he may think fit, or the circumstances of each case may render necessary or advisable; and all such lands when so purchased and conveyed by and to the said "The Commissioner of public lands," under this Act, shall be held by him for such purposes, and subject to such powers, proby Commission- visions, regulations and authorities, in every respect, as are set forth, contained and declared in and by this Act, concerning the same; and such deeds or conveyances shall contain all covenants usually given in such cases by the parties executing the same, according to the interests which the parties conveying have in the lands conveyed, or the capacity in which they hold or convey them, for assuring the title and peaceable possession of the same to "The Commissioner of Public Lands," and his successors in office, as aforesaid, in trust to, and for the intents and purposes set forth in this Act; and such deeds or conveyances shall be good and valid in law and equity to vest the legal estate and fee simple, equity of redemption, reversionary or other interest, of the party conveying, according to the tenure and nature of the estate purchased, rights of entry for conditions broken, and all other rights of entry, in the said "The Commissioner of public lands," and his successors in office, subject only to the provisions and directions of this Act, without any entry made thereon or possession given; any law, custom or usage to the contrary thereof, in any wise notwithstanding. Commissioners may be appointed to inspect lands of fered for sale, and report thereon. VI. And in order to prevent any imposition being practised on the Government of this Island, it shall be lawful for the Lieutenant Governor, by and with the advice and consent of Her Majesty's Executive Council, if it shall be deemed necessary, to appoint one or more Commissioners, (but not to exceed three,) to examine and inspect lands offered for sale, who shall, after a careful examination and inspection, make a report thereof to the Lieutenant Governor and Council, for their guidance; and such Commissioners shall be paid the sum of four pence each for every mile necessarily travelled by them in the performance of such their duties, and twenty shillings each per diem for each day they are necessarily absent on such inspection. VII. In case of dispute, as to how many miles have been necessarily travelled, or days necessarily occupied by any such commissioners in making any such inspection, as in the last preceding section of this Act mentioned, the same shall be decided by the Lieutenant Governor in Council, whose decision and order therein made shall be conclusive. In cases of dispute as to such allowance, same Lt. Governor in Council. to be decided by gages, &c. VIII. Where any lands tendered for sale under this Act Lands may be shall be subject to mortgages, or other incumbrances, the purchased, subperiod for the payment of which has not expired, the same ject to mortmay be purchased, and a conveyance thereof taken, subject thereto; and the Treasurer in such cases shall, and he is hereby authorized, out of moneys in his hands arising under this Act from time to time, to pay the interest moneys accruing due on such mortgages or incumbrances, and also the principal moneys of the same, when they become due, on the mortgagee or other incumbrancer giving a proper receipt therefor, or executing a release or discharge of his mortgage, incumbrance, claim or title, to "the Commissioner of public lands," and his successors in office, on behalf of the Government of this Island; and, as in other cases of conveyance under this Act, and at the time of making a purchase of any lands under this Act, if the same are taken subject to any mortgages or other incumbrances, "the Commissioner of public lands" shall be, and he is hereby empowered, to enter into, negotiate and make, with the holders of such mortgages or incumbrances, all such deeds and agreements respecting the same, or the payment and redemption thereof, as he may deem to be necessary and proper, subject to the approval of the Lieutenant Governor in Council, sufficient proof of which shall be the signature of the Lieutenant Governor on any such deed or agreement. months after purchase of lands, to make report, &c., res pecting same. IX. After each purchase of lands effected under this Act, Commissioner, and conveyance taken, it shall be the duty of "the Commis- within three sioner of public lands," within three months, to make a report and return of the lands purchased, (for each township, a separate report and return); designating particularly the quality, nature, description and position thereof, and arranging the same into classes; and it shall be lawful for, and the duty of the Lieutenant Governor, by and with the advice and consent of Her Majesty's Executive Council, thereupon to fix upon and determine the price to be charged for the sale of each class and description of land; the same to be regulated so that a sufficient price be charged in the aggregate to cover all costs, charges and expenses of the purchase, transfer, survey and management of the lands-the purchase money and interest thereon, loss to the general revenue from decrease in the land tax, on account of lands purchased under this Act, the salary of "the Commissioner of public lands," and all other expenses attendant upon the working of this Act-it being |