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PUBLIC ACTS

UNREPEALED BY THE "REVISED STATUTES."

8th VICTORIA-CHAPTER 1.

An Act relating to certain Lands belonging to Her Majesty, and for vesting the Title to the same in the Principal Officers of Her Majesty's Ordnance Department.

Section.

1. Lands, how and what vested in Ordnance Department.

2. What other Lands.

Section.

3. How Titles received, conveyances and
actions made and brought.

4. Limitation of Ordnance Title.
Passed 11th February 1845.

WHEREAS divers Messuages, Lands, Tenements, Estates, and other Hereditaments in this Province, have at various times been set apart from the Crown Reserves and Estates, and placed under the charge of the Officers of the Department of Her Majesty's Ordnance, or of the Governor or Lieutenant Governor respectively for the time being, for Military Defence: And whereas divers other Messuages, Lands, Tenements, Estates, and other Hereditaments in this Province, have at various times been purchased for the use of the Department of Her Majesty's Ordnance, or for Military Defence, and have been conveyed to, or to several different persons in trust for, Her Majesty, and Her Royal Predecessors, and Her and their Heirs and Successors, and the same have been placed under the charge of the said Department, or of the Governor, Lieutenant Governor, or Commander of Her Majesty's Forces in this Province: And whereas it may be expedient that such parts of the said Messuages, Lands, Tenements, Estates, and other Hereditaments as may not be wanted for the service of the said Department, or for Military Defence, should from time to time be sold and disposed of: And whereas for effecting such sales it is necessary that all and every the said Messuages, Lands, Tenements, Estates, and other Hereditaments so already set apart, or placed under charge, or purchased, or used and occupied by or for the service of the said Ordnance Department, and all other Messuages, Lands, Tene

ments, Estates, and other Hereditaments that may be hereafter purchased, or set apart, or in any manner used and occupied by or for the service of the said Department, should be vested in the Principal Officers of Her Majesty's Ordnance for the time being ;

Be it therefore enacted, &c.-1. Immediately from and after the passing of this Act, all Messuages, Lands, Tenements, Estates, and other Hereditaments, which have been heretofore set apart from the Crown Reserves and Estates, and placed under the charge of the Officers of the said Ordnance Department, or of the Governor, or Lieutenant Governor, or Commander of Her Majesty's Forces, respectively, for the time being, for Military Defence, or which have been heretofore taken or purchased by, or in the name of, or by any person or persons in trust for Her Majesty or Her Royal Predecessors, and Her or their Heirs and Successors, for the uses or service of the Ordnance Department, or for Military Defence, or which have been used or occupied for those services (by whatever mode of conveyance the same shall have been so purchased or taken) either in fee, or for any life or lives, or any term or terms of years, or any other or lesser interest, and all erections and buildings which now are, or which shall or may be hereafter erected and built thereon, together with the rights, members, easements, and appurtenances to the same respectively belonging, shall be and become and remain and continue vested in the Principal Officers of Her Majesty's Ordnance in Great Britain, for the time being, and their successors in the said office, according to the respective nature and quality of the said Messuages, Lands, Tenements, Estates, and other Hereditaments, and the several estates and interests of and in the same Hereditaments respectively, in trust for Her Majesty, Her Heirs and Successors, for the service of the said Ordnance Department, or for such other Public Service or Services as the said Principal Officers, or their successors in the said office, shall from time to time order and direct.

2. From and after the purchase and conveyance, grant or demise, or taking thereof, all other Messuages, Lands, Tenements, Estates, and other Hereditaments which shall at any time or times hereafter be purchased, or by any other mode obtained by the Principal Officers of Her Majesty's Ord

nance for the time being, or by any other person or persons by their order, or be placed under their charge for the service of the said Ordnance Department, and all erections and buildings which shall then or which may be hereafter erected and built thereon, with the rights, members, easements, and appurtenances to the same respectively belonging, by whatever mode of conveyance, either unto, or in the name of, or in trust for, Her Majesty, Her Heirs and Successors, or howsoever otherwise the same shall be purchased or taken, shall in like manner be and become and remain and continue vested in the said Principal Officers of Her Majesty's Ordnance for the time being, by the style and title of the Principal Officers of Her Majesty's Ordnance in Great Britain, and their successors in office, according to the nature and qualities of the said Messuages, Lands, Tenements, Estates, and other Hereditaments, and the several and respective estates and interests of and in the same respectively, in trust as aforesaid.

3. The said Principal Officers of Her Majesty's Ordnance in Great Britain for the time being, by the style and title of the Principal Officers of Her Majesty's Ordnance in Great Britain, shall be able and capable to accept, receive, and obtain Title to any Lands that may hereafter be granted or otherwise conveyed to them for the purposes aforesaid, and again in the same style and title to convey the same as they may find necessary for the purposes aforesaid, and also in the same style and title to bring and maintain any action of trespass or ejectment, or other action at Law or in Equity, for, of, or concerning any the Messuages, Lands, Tenements, Estates, and other Hereditaments hereby vested or hereafter to become vested in them, under and by virtue of the provisions of this Act.

4. Provided always, that nothing herein contained shall be held or be construed to confer upon, or vest in the said Principal Officers, by the title aforesaid, any greater or better estate or interest in any Lands in this Province than was vested in and remained in the Crown, or in any person or persons in trust for the Crown, at the time of the passing of

this Act.

9th VICTORIA-CHAPTER 73.

An Act relating to an exchange of Lands in Fredericton with the Ordnance Department.

Section.

1. What Lands in Fredericton Ordnance may enclose.

2. How vested in Ordnance, and for what purposes.

Section.

3. What Lands of Crown vested in Justices, and how.

4. Suspending clause.

Passed 14th April 1846.

WHEREAS it is desirable that greater facilities should be afforded for the accommodation of Her Majesty's Troops in the City of Fredericton, and it is agreed to surrender certain unenclosed Public Lands in the said City, in consideration for certain other Lands now held by the Ordnance Department being vested in the Justices of the Peace in and for the County of York, for the use of the said City ;

Be it therefore enacted, &c.—1. From and after the passing of this Act, it shall and may be lawful for the Principal Officers of Her Majesty's Ordnance in Great Britain for the time being, their agents and servants, to enter upon, take possession of, enclose, retain, and enjoy, for Military uses, all that certain parcel and tract of vacant public land, lying and being in front of the present Military Blocks in the said City, and lying between the said Blocks and the River Saint John, bounded on the upper or northwest side by a line running east by the magnet from the northern corner of the fence enclosing Block B, and also all that part of Carleton Street lying between Queen Street and the River, and to enclose the same with fences, walls, gates, and other erections, and to erect a wharf or wharves at the Public Landing, as heretofore reserved at the terminus of Carleton Street; reserving, nevertheless, the Public Landing at the termination of Regent Street, from the easterly corner of the present enclosure of the "Officers' Parade," so called, extending upwards along the line of the said enclosure two hundred and thirty five feet, and thence at right angles down to the River; and also reserving to the public a right of way on the said land between the edge of the bank and low water mark, for persons on foot and with horses, carts and wagons, except when such wharf or wharves shall be erected as aforesaid; and provided that sufficient gates be put up on the present line of Carleton Street,

to form a communication with the River, which are to be always opened to the public in case of fire in the said City; and further provided, that nothing herein contained shall extend or be construed to extend to authorize the said Principal Officers of Her Majesty's Ordnance, or their successors, to interfere with the free navigation of the said River, and the right of approach to the shore in front thereof, by boats, vessels, or other craft, in any other way than by the erection of a wharf or wharves as aforesaid.

2. From and after the passing of this Act, the above described lands and premises, subject to the exception before mentioned, shall be, and become, and remain, and continue vested in the Principal Officers of Her Majesty's Ordnance in Great Britain, for the time being, and their successors in the said office, in trust for Her Majesty, Her Heirs and Successors, for the service of the said Ordnance Department, or for such other Military service or services, as the said Principal Officers, or their successors in the said office, shall from time to time order and direct.

3. From and after the passing of this Act, the following tracts and parcels of Land, now held by the said Principal Officers of Her Majesty's Ordnance Department for Military uses, that is to say, all those six several lots and parcels of Land in Block number three, and all that other piece and parcel of Land called and known as the "Hospital Lot," and fronting partly on Westmorland Street, shall be, and they are hereby vested in the Justices of the Peace for the County of York, and their successors, for and in trust for the use, benefit, and advantage of the inhabitants of the City of Fredericton.

4. That this Act shall not come into operation or be in force until Her Majesty's Royal approbation be thereunto first had and declared.

[This Act was specially confirmed, ratified, and finally enacted, by an Order of Her Majesty in Council dated the 1st day of August 1846, and published and declared in the Province the 9th day of September 1846.]

32nd GEORGE 3rd-CHAPTER 9.

An Act to restrain all persons that may be concerned in the collection of Impost Duties, from owning any Vessel, or trading or dealing in Dutiable Articles.

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