2. The Polling places in the Parishes of Glenelg and Hardwicke, in the County of Northumberland respectively, for the Election of Representatives to serve in General Assembly for the County of Northumberland, and for the election of all Officers to be elected under and by virtue of the several Acts, intituled An Act relating to the Election of Representatives to serve in General Assembly, and An Act to consolidate and amend the Laws relating to the local government of Counties, Towns and Parishes in this Province, In the Parish of Glenelg, shall be held at or near the residence of John M'Kay, at the Richibucto Road; and In the Parish of Hardwicke, at or near the residence of Robert Noble, in the County of Northumberland. 7th VICTORIA-CHAPTER 51. An Act for the division of the County of Carleton into two Counties, and to provide for the government and representation of the new County. Section. 1. County of Victoria, how erected. 2. Courts of Justice, how established. 3. Courts of General Sessions, &c., when holden. 4. Shire Town and Public Buildings. Section. 5. Registry of Deeds, &c., how established. 7. Representation in General Assembly. WHEREAS from the great extent of the present County of Carleton it is necessary and expedient that the same be divided into two Counties; Be it therefore enacted, &c.-1. All that part of the said County bounded as follows, namely:-Commencing on the Boundary Line dividing the Province of New Brunswick from the United States of America, at the part or place where the same is intersected by the River de Chute, thence down stream, following the several courses of the said River, until it comes to the River Saint John, thence by the most direct course until it strikes the western termination of the line dividing the Lots numbers forty and forty one, granted to John Marro and Patrick Marro, thence by the said line easterly and a prolongation of the same until it comes to the westerly line of the County of York, be and the same is hereby erected into a County separate and distinct from the said County of Carleton, and shall be called and known by the name of the County of Victoria; and the residue thereof which lies below the boundary line. of the said County, as is described in this Act, shall comprise the County of Carleton. 2. The like Courts of Justice shall be erected and established, and the like Justices and other Officers be constituted and appointed in the said new County, as are now erected and established, constituted and appointed in the said County of Carleton, and with the like powers and authorities. 3. The Courts of General Sessions of the Peace and Inferior Court of Common Pleas shall be held in the Shire Town of the said new County twice in every year, at the times following, that is to say, on the last Tuesday in December and May, and continue until the business shall be finished, not exceeding five days; and two additional Terms of the said Inferior Court of Common Pleas for the said County shall be holden as follows, that is to say, on the first Tuesdays in March and October, and continue until the business be finished, not exceeding five days, at which additional Terms no Jury shall be summoned. 4. The Town or Parish of Andover in the said County of Victoria, shall be for ever hereafter the Shire Town of the said County, and a Court House and a Gaol shall be erected in the said Shire Town in like manner and by such and the like ways and means as such Public Buildings have been or may be erected in other Counties in this Province, and in such place within the said Shire Town as the Lieutenant Governor or Administrator of the Government for the time being, by and with the advice of Her Majesty's Executive Council, shall direct and appoint, and that all the Public Offices in the said County of Victoria shall be kept at the place so to be directed and appointed by the Lieutenant Governor or Administrator of the Government of the Province for the time being, by and with the advice and consent of Her Majesty's Executive Council. 5. In the said Shire Town there shall be erected and established a Registry of Deeds, Conveyances, Wills, Mortgages, Memorials of Judgments or Recognizances, for the said County, to be managed and executed by a Register, to be constituted in like manner and under and subject in all respects to the like laws, rules, and regulations as any other Registry in any other County of the Province; and that all Deeds, Conveyances, Wills, Mortgages, Memorials, Judgments or Recognizances which may affect any lands, tenements, or hereditaments in the said County, shall be entered and registered at full length in the said Registry, provided the same Deeds and other docu-. ments have not been before registered in the said County of Carleton or County of York. 6. The several Parishes of the said County of Carleton in whole or in part comprised within the said new County, shall continue by their respective names to be the Parishes of the said new County until altered by the General Assembly, and that the Town or Parish Officers to be hereafter annually appointed for the said new County shall in all respects possess the same powers as the like officers in any other County; provided always, that the powers and authorities of the present or any other officers appointed or to be appointed by the Court of General Sessions of the Peace of the said County of Carleton, shall continue until after the first General Sessions of the Peace shall be holden in the said new County. 7. The said new County shall be entitled to send two Members to serve in the General Assembly of this Province, to be elected by the freeholders in like manner, and subject to the like laws, rules, and regulations under which other Members are elected in any other County; and all freeholders whose title deeds may have been registered in the County of Carleton or County of York before this Act shall go into operation, shall be entitled to vote without having their Deeds registered anew in the said new County; provided always, that no Writ shall be issued for the Election of such Members until there shall be a General Election for the Province. 8. The new County shall not be deemed to be erected and established until the Commission shall be issued for erecting the said Courts of Justice, appointing the several Justices and other Officers for the said new County, and the same shall be notified by Proclamation of the Lieutenant Governor or Administrator of the Government for the time being; provided always, that this Act shall not be in force until Her Majesty's Royal approbation be thereunto had and declared. [This Act was specially confirmed, ratified, and finally enacted, by an Order of Her Majesty in Council dated the 30th day of January 1850, and published and declared in the Province the 6th day of March 1850.] 16th VICTORIA-CHAPTER 69. An Act relating to the Coast Fisheries, and for the prevention of Illicit Trade. Section. 1. Vessels hovering within three miles of the coast may be boarded. 2. Proceedings when Master refuses to depart. 3. Foreign vessels fishing or preparing to fish, and their cargoes, forfeited. 4. Vessels and goods may be seized. Penalty 5. Custody of vessels and goods seized. 7. Penalties and forfeitures, how prosecuted. 15. If Judge certifies probable cause for seizure, no costs allowed. 16. Amends may be tendered within one month. Be it enacted, &c., as follows:-1. Officers of the Provincial Treasury, and any other person duly appointed by the Lieutenant Governor in Council for that purpose, may go on board any vessel or boat within any Harbour in this Province, or hovering within three marine miles of any of the coasts or harbours thereof, and stay on board so long as she may remain within such place or distance. 2. If such vessel or boat be bound elsewhere, and shall continue within such harbour, or so hovering for twenty four hours after the master shall have been required to depart, any one of the officers or persons above mentioned may bring such vessel or boat into port, and search her cargo, and also examine the master upon oath; and if the master or person in command shall not truly answer the questions demanded of him in such examination, he shall forfeit one hundred pounds; and if there be any prohibited goods on board, then such vessel or boat and the cargo thereof shall be forfeited. 3. If the vessel or boat shall be Foreign, and not navigated according to the Laws of Great Britain and Ireland, and shall be found fishing, or to have been fishing, or preparing to fish, within three marine miles of such coasts or harbours, such vessel or boat, and the cargo, shall be forfeited. 4. All goods, vessels, and boats liable to forfeiture, may be seized and secured by any of such officers or persons so appointed; and every person opposing them, or any one aiding such opposition, shall forfeit two hundred pounds. 5. Goods, vessels, and boats seized as liable to forfeiture under this Act, shall be forthwith delivered into the custody of the Officers of the Provincial Revenue next to the place where seized, to be secured and kept as other vessels, boats, and goods seized, are directed to be secured and kept by law. 6. All goods, vessels, and boats condemned as forfeited under this Act shall, by direction of the principal Officer of the Provincial Revenue where the seizure shall have been secured, be sold at public auction, and the produce of such sale shall be applied as follows: the amount chargeable for the custody of the property seized shall first be deducted, and paid over for that service; one half of the remainder shall be paid to the officer or person seizing the same, without deduction; and the other half, after first deducting therefrom all costs incurred, shall be paid into the Treasury of this Province; but the Lieutenant Governor in Council may nevertheless direct that any vessel, boat, or goods seized and forfeited, shall be reserved for the public service, or destroyed. 7. All penalties and forfeitures imposed by this Act shall be prosecuted and recovered in the Supreme Court. 8. If any goods, vessel, or boat shall be seized as forfeited under this Act, the Judge of the said Court, with the consent of the persons seizing the same, may order re-delivery thereof, on security by Bond to Her Majesty, to be made by the party claiming the same with two sureties. In case the property is condemned, the value thereof shall be paid into the Court, and distributed as above directed. 9. All suits for recovery of penalties or forfeitures shall be in the name of Her Majesty, and shall be prosecuted by the Attorney General, or in his absence, by the Solicitor General. If a dispute arise whether any person is authorized to seize under this Act, oral evidence may be heard thereupon. 10. If any seizure take place under this Act, and a dispute arise, the proof touching the illegality shall be upon the owner or claimant. 11. No claim to any thing seized under this Act, and returned |