44620 ROYA L

GAZETTE

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from Cattle, and thereby permit the growth of the Sand Hill Grass: .

I. Be it therefore enacted by the Lieutenant Gov- ernor, Council and Assembly, That it shall he law- ful for the Commissioner of Highways for District Number Four, in Queen’s County, to place a Gate at the Northern or shore termination of all Public Roads on Township Number 'I‘hirty-three, and to keep the same so placed and closed there (except when required for the passage of the Public with Carts or Carriages, or on horseback, or on feet) at all times ofthe year, between the First day of April and the First day of December, in each year.

II. Any person who shall wilfully damage or leave Open any such Gate, shall be liable to pay a penalty of Twenty Shillings for each and every offence, the same to be recovered before any one of Her Majes- ty’s Justices of the Peace for Queen’s County; and, when recovered, one-halfofthe Penalty to go to the Informer, or he who shall sue for the same, and the

other half to be paid to the said Commissioner of

Highways, to be laid out upon the Roads in the District.

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C A P . X I V . An Act to authorize the establishment ofan addition- al Small Debt Court in Prince County. ' [Passed May 11, 1866.]

B it enacted by the Lieutenant Governor, Council and Assembly, as follows :—

1. After the passing of this Act, it shall be lawful for the Lieutenant Governor in Council, to consti- tute and appoint an additional Small Debt Court in Township Number Eight, in Prince County, and to declare the precise locality in which the same shall be holden, and the day of each month on which the same shall hold its sittings, and to appoint to such Court Three Judges or Commissioners to adjudicate in such Court, which Court shall have jurisdiction only within Prince County, except as in the cases mentioned in the first hereinafter recited Act.

II. The Court, to be appointed or constituted by virtue ofthis Act, shall exercise and have the same jurisdiction and powers in all respects, asthe Courts already established, and having jurisdiction under and by virtue ofthe Act ofthe 'I‘wenty-third year of the Reign of Her present Majesty, Chapter Sixteen, intituled “ An Act relating to the recovery of Small Debts, and to repeal certainActs therein mentioned,” and of all Acts in amendment thereof, as fully, toall intents and purposes, as ifthe same had been estab- lished under the said recited Act, or other Act in amendment thereof.

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CAP. XV.

An Act to amend an Act to repeal the Act relating to the Oyster Fisheries in this Island, and to make other provisions in lieu thereof.

[Passed May I], 1866.]

WHEREAS it is deemed expedient to amend the Act passed in the Twenty-eighth year of the Reign of Her present Majesty, Queen Victoria, intituled “ An Act to repeal the Act relating to the

Oyster Fisheries in this Island, and to make other provisions in lieu thereof:"

I. Be it enacted by the Lieutenant Governor, Council and Assembly, 'I‘hat nothing in the said re- cited Act contained shall prejudice the right of any person to take from any River, whether within the boundaries of any Oyster Fishery, which, under the said recited Act, shall have been, or may be created or granted, or otherwise, any mud, mussels, or mud mixed with shells of any description, bona fide in- tended for the purpose of manure, to be used within this Island, or to dredge, scour, cleanse, or improve any navigable River or [{iVers within this Island, although some of the Oysters or Oyster Broods should be thereby unavoidably taken, removed, or disturbed.

II. The Lieutenant Governor, in Council shall, in all cases, have the power, and is hereby required, on application of the present Grantee or Grantees, within six months after the passing of this Act, to caDCel or revoke any Grant or Grants, which may have been issued under the provisions of the said recited Act, by paying compensation to the. person or persons, whose Grant'or Grants shall be socancelled or reVoked—such compensation to be fixed by three Commissioners, to be appointed by the Lieutenant Governor, in Council, for the purpose of estimating and fixing the damage which the Grantee or Grant- ees, in such case, shall have suffered.

III. Provided always, that every such Grantee, who may feel aggrieved by the decision or award of the Commissioners, to be appointed in manner, and for the purpose aforesaid, shall, and may appeal therefrom, to the Supreme Court of Judicature, in manner prescribed, by Law, for Appeals in matters of Small Debts (the above notice of Appeal, in every such case, to be served on the Attorney General, or, in his absence, on the Solicitor General); and the Supreme Court, on hearing such Appeal, may annul, vary, increase, or limit the amount of the Award of such Commissioners, as aforesaid, as to such Court may seem just and proper. Provided also, that the Decision or Judgment of the said Supreme Court of Judicature shall not be deemed to deprive the Gran- tee or Grantees of the right which, according to the Laws or Regulations in force in this Colony, he or they would be entitled to, of an Appeal to llis Ex- cellency the Lieutenant Governor and Her Majes- ty’s Council.

IV. The Twenty-second Section ofthe said recit- ed Act shall be, and the same is hereby repealed.

V. This Act shall be taken to be, and shall be read as part of the said recited Act.

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CAP. XVI.

An Act to continue and amend a certain Act therein mentioned.

[Passed May 11, 1866.]

. HEREAS the Act of the Twenty-third year V of the reign of Her present Majesty, Chapter Six, intituled “ An Act to authorize the appointment of a Harbor and Ballast Master for Hillsborough Bay, and that part ofthe Port of Charlottetown, not within the control of the City Council,” will shortly