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Where 66 feet taken

of track,

same confirmed.

road, or divert any stream or river, in which case it should be competent for the commissioners appointed under such Act, to take such further quantity as might be found necessary for such purposes; and whereas it was deemed advisable, by the government engineer of the said railroad, that the width of the lands taken for the track thereof should not be less than sixty-six feet in breadth, the said engineer estimating the slopes at six feet; and whereas the track of the said railroad has been laid off sixty-six feet in breadth, and such of the owners of the lands taken for such track as have received compensation thereof, have been paid for the sixty six feet and not for sixty feet; and whereas doubts may arise as to whether the slopes of said railroad in all places throughout the length thereof amount to six feet and whether the lands in such places to the full breadth of sixty-six feet, are dedicated to the public in terms of said recited Act: For the purpose of avoiding doubts

V. Be it enacted by the Lieutenant Governor, Council and Assembly, that in all cases where for breadth lands to the breadth of sixty-six feet have been taken for such railway track, and the same been laid off by metes and bounds, and a description of such lands recorded in the office of the Registrar of Deeds and Keeper of Plans for this Island, it shall be taken and held that such lands were thereby dedicated to the public as fully as though the breadth of the land so taken had not exceeded sixty feet.

Track may be 66 feet

sive of slopes &c.

VI. That from and after the passing of this Act, the Commissioners appointed under the auwide exclu- thority of the said recited Act, or the contractors for the building of any railroad in this Island, shall be authorized to take sixty-six feet for the breadth of such railroad track, exclusive of slopes, of excavations and of embankments,

34 Vic. cap.

And whereas it is advisable to explain the meaning of the twentieth section of the Act 4, sec. 20. passed in the thirty-fourth year of the reign of her present Majesty, chapter four, intituled "An Act to authorize the construction of a Railway through Prince Edward Island,"

New York Lifeconstruction

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IBRARY,

VII. Be it therefore enacted that transat is of seg. 20.

ing words of the said twentieth section,"

to say, "every claim for damages shall be made in writing, and within six months from the entry on the said lands," shall be construed and be held to mean that, unless a claim for damages shall have been made in writing, within six months after such entry, no interest shall be allowed to the person whose lands shall have been damaged by reason of the railway passing through the same, on the amount which shall be assessed or awarded to him by the commissioners or appraisers, in the said Act mentioned, for such damage, after the expiration of such six months, until such claim shall be made; and the fact that no claim has been made within six months after entry on any lands taken for the purposes of the said Act, shall not, in any case, prevent the recovery of any sum of money already or hereafter to be awarded or assessed, or which of right shall be due to the owner thereof for compensation for such damage.

CAP. VI.

An Act for preventing the killing of Wild Ducks,
Snipe, Woodcock, and Bittern, at improper

seasons.

[Passed June 14th, 1873.]

HEREAS the killing of wild Ducks, par- Preamble.

W ticularly that species of Duck known and

Penalty for

shooting wild ducks, bittern, &e April and 1st

between 15th

Sept.

Penalty for having in

distinguished as the Black Duck of this Island,
and of Snipe, and Woodcocks, in the pairing and
hatching seasons, and before they can fly, has
greatly reduced the breed of those valuable birds,
and endangers a total loss of the same:
To pre-

vent which,

I. Be it enacted by the Lieutenant Governor. Council and Assembly, That, from and after the publication hereof; no person or persons whatever shall presume to shoot, kill or destroy any wild duck or ducks, either of the species known and distinguished in this Island as the black duck, or any other species or kind of wild ducks whatsoever, or any snipe, or woodcock, or bittern, within this Island, between the fifteenth day of April and the first day of September in each and every year, under the penalty of forfeiting the sum of not less than five dollars, and not exceeding ten dollars of lawful money of said Island for each duck, snipe, woodcock, or bittern so shot or killed.

II. And be it further enacted, that any person or persons having in his or her possession, or possession publicly or privately vending or offering or exhibiting for sale any such wild duck or ducks, &c., between snipe, woodccck, or bittern, within the beforementioned period, in any part of this Island, and 1st Sept. shall, for each and every wild duck, snipe, wood

or selling

wild ducks,

15th April

Recovery of penalties.

cock or bittern, so in his or her possession, or so sold or offered or exhibited for sale, be liable and subject to the penalty of not less than five dollars, and not exceeding ten dollars, of lawful money, aforesaid.

III. And, be it further enacted, that the penalties imposed by this act, shall be recovered with costs before any one of Her Majesty's Justices of the Peace on the oath of one or more credible witness or witnesses, and it shall be the duty of

such Justice of the Peace, and he is hereby em powered and required, upon proof being made to his satisfaction of such shooting or killing, or of such person having in his or her possession, or of such vending or offering or exhibiting for sale of any such wild duck or wild ducks, snipe, woodcock or bittern, to issue his or their warrant or warrants for the levying by distress and sale of the goods of such offender or offenders, to the amount of said penalties, with costs of suit, one half of which penalties to be paid to the informer and the other half to be applied to and for the use of Her Majesty's said Government.

fender may

IV. And in the event of their being no goods In default of and chattels whereupon to levy, such offender goods, of shall be committed to the jail of the county be imprisonwherein the offence shall have been committed, ed. for a period not exceeding one calendar month.

V. And it is hereby enacted, that this Act shall Limitation continue and be in force for the space of three of Act. years, next after the publication thereof, and to the end of the then next session of the General Assembly of this Island and no longer.

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CAP. VII.

The Absent Debtor Act, 1873.

[Passed June 14th, 1873]

E it enacted by the Lieutenant Governor, Repeals 20th

General Assembly of this Island, passed in the twentieth year of the reign of His Majesty King George the Third, Chapter the Ninth, shall be, and the same is hereby, repealed, save and except and in so far as the same relates to proceedings pending or already taken under it, or as the same is declared to be in force for the purposes hereinafter mentioned.

Amount for

mons &c.

may issue

II. After the passing of the Act, writs of sumwhich summons and attachment for the sum of thirty-three dollars and upwards may be used out of the Supreme Court of this Island against any debtor Form of sum- absent or absconding out this Island, and shall be in the forms in the schedules of this Act (A.B.)

mons.

sonal estate

may be attached.

III. Under any attachment, so to be sued out, Real and per- the real and personal estate of such absent or absconding debtor shall be attached, wherever, or in whose hands, or under whose management soever the same are or may be found, and the attaching thereof, or any part thereof, shall secure and make the whole thereof, wherever the same may be, or that is in any such person's hands, or under his management, liable in law to the judgment to be recovered upon such process, and liable to be taken and sold in execution for satisfaction therefor, so far as the value may extend, and the person in whose hands they are shall expose and discover them accordingly when request shall be made for that purpose.

Writs may

issue into

IV. Such writs of attachment and summons one or more may be sued out into one or more Counties where necessary, either simultaneously or otherwise, as the circumstances of the case shall require.

counties.

obtain at

tachment.

V. The party applying for such writ, or his Affidavit to agent or attorney, shall make affidavit in the usual form for holding a party to bail, which shall also state that the defendant is an absent or absconding debtor, and that deponent verily believes that the person (if any) about to be summoned is the agent or trustee of the defendant, or hath goods or credits of such defendant in his possession or under his control; and, in declaration cases, the declaration shall be filed on or before the last day of the term on which the writ shall be returnable, and copies of the

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