KING'S.

1st WILLIAM 4th-CHAPTER 41.

An Act to authorize the Rector, Church Wardens, and Vestry of Trinity Church, in the Parish of Kingston, to convey their right to the land whereon the Court House has been erected, to the Justices of the Peace of King's County, in exchange for other land, and to establish a Public Square in the said Parish.

WHEREAS the legal title to the land on which the Court House of King's County has been erected is claimed by the Rector, Church Wardens, and Vestry of the Parish of Kingston, as vested in them; but they are nevertheless desirous and willing to convey the same to the Justices of the Peace in and for the said County, and their successors, upon the said Justices conveying to the said Rector, Church Wardens, and Vestry, a certain other piece of land situate in the said Parish of Kingston; both of which said parcels of land are hereinafter described ;

Be it therefore enacted, &c.-1. Upon the receipt of a good and sufficient title, conveyance, and assurance from the said Justices of the Peace of King's County, of all that certain lot, piece, or parcel of land situate in the Parish of Kingston, being part of a tract heretofore granted to the Justices of the Peace of King's County aforesaid, by Letters Patent under the Great Seal of the Province of New Brunswick, bearing date the thirtieth day of October in the year of our Lord one thousand eight hundred and seven, in trust for the use, benefit, and behoof of the inhabitants of the said County, to erect thereon a Gaol and Court House, and for other public uses, profits, and benefits of the said inhabitants; the said piece so intended to be conveyed being bounded as follows, viz :-Commencing at the southern angle of the said tract, thence running north forty five degrees east sixteen chains to the eastern angle of the said tract; thence along the division line between

the said tract and the Kingston glebe lot, eight rods; thence south forty five degrees west, on a line parallel to the first described boundary, till it meets the southwest line of the said tract, and thence following the said last mentioned line to the place of beginning, containing three acres, with all the rights, members, and appurtenances thereunto belonging, to be made to the said Rector, Church Wardens, and Vestry of Trinity Church, in the Parish of Kingston, and their successors for ever; they the said Rector, Church Wardens, and Vestry of Trinity Church, in the Parish of Kingston, be and they are bereby authorized and empowered by good and sufficient deed, to grant, bargain, sell, and convey unto the said Justices of the Peace in and for King's County, all that certain lot, piece, or parcel of land situate in the said Parish of Kingston, and bounded and described as follows, that is to say:-The front or northerly line of the said lot to be twelve feet distant from and parallel to the front of the said Court House, and to extend the whole width of the said Court House and fourteen feet beyond on each side, so as to make a front of eighty eight feet, and the said lot to extend back, preserving the same width of eighty eight feet, until it meets the line of land belonging to George Raymond and Achsah Raymond, the side lines to be at right angles with the said front line, together with the rights, members, and appurtenances thereunto belonging; to hold to the Justices of the Peace of King's County for the time being, in trust for the use, benefit, and behoof of the inhabitants of the said County, for the purpose of erecting, maintaining, and keeping thereon the Court House of the said County from henceforth for ever, and for no other use or purpose.

2. The Justices of the Peace of the said County shall be and they are hereby authorized and empowered at any Court of General Sessions of the Peace for the said County, by good and sufficient deed under the Seal of the said Court, to grant, bargain, sell, and convey unto the said Rector, Church Wardens, and Vestry of Trinity Church, in the Parish of Kingston, and their successors for ever, the said lot, piece, or parcel of land first hereinbefore described, being part of the said tract so granted to them for public, purposes as aforesaid, and held by them by virtue of the said grant and the Act of Assembly in such case made and provided.

3. And whereas all that parcel of land lying in front of the said Court House in the said Parish of Kingston, bounded northerly by the Church yard of Trinity Church, easterly by the highway, and westerly by the land of the said Reverend Elias Scovil and George Raymond, has for many years past been used by the inhabitants of the said County as a public and open square; and it is the desire of the said Rector, Church Wardens, and Vestry of Trinity Church, in the Parish of Kingston, and the said Justices of the Peace of King's County, that the same open space, and also the land adjoining thereto, belonging to the said Rector, Church Wardens, and Vestry, on each side of the lot so intended to be conveyed to the Justices of the Peace for the purpose aforesaid, should be recognized and established by law as a public square ;-The said open space above described, together with the land adjoining thereto and extending therefrom to the line of Messieurs Raymonds' land lying on each side of the said Court House lot, and bounded westerly by the land of the Reverend Elias Scovil and George Raymond, and easterly by the public road or highway, shall for ever hereafter continue and be a public and open square; and it shall not be lawful to erect or place any buildings or encumbrances thereon; and all or any buildings or encumbrances erected or placed thereupon shall be deemed and taken to be public nuisances, in the same manner to all intents and purposes as if the same were placed on any public road or highway in the said Parish.

4. Nothing in this Act contained shall take away or affect, or be construed to take away or affect the right and title of the King's Majesty, His Heirs and Successors, or the rights of any person or persons, body politic or corporate whatsoever, other than the said Rector, Church Wardens, and Vestry of Trinity Church, in the Parish of Kingston, and the said Justices of the Peace of the said County, in behalf of the inhabitants of the said County, as before particularly set forth.

5. This Act shall be deemed and taken to be a public Act, and as such judicially noticed without being specially set forth or pleaded.

QUEEN'

2nd VICTORIA-CHAPTER 34.

An Act to provide for making and maintaining a Canal across Grimross Neck, in Queen's County.

Section.

1. Repealed.

2. Canal, how to be made, and ground occupied.

3. Compensation for land required.

Section.

4. What injury to works, made felony. 5 & 6. Repealed.

7. Canal, &c., to be public property.

Passed 23rd March 1839.

WHEREAS the cutting a Canal across Grimross Neck, in Queen's County, would greatly facilitate the navigation of the River Saint John, and advance the general interests of the Province ;

Be it therefore enacted, &c.-1. Repealed by 17 V. c. 36, s. 1. 2. It shall and may be lawful to and for the said Commissioners, their agents, servants, workmen, and assistants, and they are hereby authorized and empowered to design, erect, order, dig, excavate, and build, and to complete, maintain, and keep in repair a Canal across the isthmus or neck of land commonly called Grimross Neck, in Queen's County, at such place as they may deem most advisable and fit for such Canal, whether on private property or on a public highway, and to dig and make proper foundations in the River Saint John and Gagetown Creek, and on the lands and grounds lying on each side of said Canal, and to cut and level the banks of the said river and creek in such manner as may be necessary and proper for making the said Canal, and to cut, remove, take, and carry away all and every impediment whatever, which may in any wise tend to hinder or impede the erecting and completing the said Canal, and to execute all other things requisite and necessary, useful, or convenient for erecting, digging, maintaining, and supporting the said Canal, according to the true intent and meaning of this Act; and further, that they may from time to time enter and go in and upon the lands and grounds adjacent to the said Canal for the purpose of making surveys, examinations, or other necessary arrangements for fixing the site of the said Canal; and further, that for the purpose of erecting, digging, building, maintaining, repairing, and supporting the said Canal, the Commissioners shall from

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.