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Enter upon Her Majesty's Lands, &c;

Make surveys of lands;

Remove trees;

payment of the said sums and the interest thereon, but no such debenture shall be for a less sum than Twenty-five Pounds.

Twelfthly. To enter into and upon any lands of Her Majesty without previous license therefor, or of any Corporation or person whatsoever lying in the intended route or line of the Rail-way.

Thirteenthly. To make surveys, examinations, or other necessary arrangements on such lands necessary for fixing the site of the Rail-way, and to set out and ascertain such parts of the lands as shall be necessary and proper for the Rail-way.

Fourteenthly. To fell or remove any trees standing in any woods, lands or forests, where the Rail-way shall pass, to the distance of six rods from either side thereof.

Fifteenthly. To cross, intersect, join and unite the Rail-way with any other Rail-way at any point on its route, and upon the lands of such other Rail-way, with the necessary conveniences for the purposes of such connection; and the owners of both Rail-ways may unite in forming such intersection, and grant the facilities therefor; and in case of disagreement upon the amount of compensation to be made therefor, or upon the point or manner of such crossing and connection, the same shall be determined by Arbitrators to be appointed by a Judge of the Superior Courts in Lower Canada or Upper Canada, as the case may be.

Unite with other
Rail-ways.

PLANS AND SURVEYS.

Provision respecting surveys and levels.

X. And be it enacted, That Plans and Surveys shall be made and corrected as follows:

Firstly. Surveys and levels shall be taken and made of the lands through which the Rail-way is to pass, together with a Map or Plan thereof, and of its course and direction, and of the lands intended to be passed over and taken therefor, so far as then ascertained, and also a Book of Reference for the Rail-way, in which shall be set forth a general description of the said lands, the names of the owners and occupiers thereof, so far as they can be ascertained, and every thing necessary for the right understanding of such Map or Plan; and the Map or Plan and Book of Reference shall be examined and certified by the person performing the duties formerly assigned to the Surveyor General or his Deputies, who shall deposit copies thereof in the office of the Clerks of the Peace in the Districts or Counties through which the Rail-way shall pass, and also in the Office of the Secretary of the Province, and shall also deliver one copy thereof to the said Company; and all persons shall have liberty to resort to such copies, and to make extracts or copies thereof, as occasion shall require, paying to the said Secretary of the Province, or to the said Clerks of the Peace, at the rate of Six Pence for every hundred words; and the said triplicates of the said Map or Plan and Book of Reference so certified, or a true copy thereof certified by the Secretary of the Province or by the Clerks of the Peace, shall be, and is and are hereby declared to be good evidence in any Court of Law and elsewhere.

Secondly. Any omission, mistatement or erroneous description of such lands, or of such owners or occupiers thereof, in any Map or Plan or Book of Reference, may be corrected by two Justices on application made to them, after giving ten days' notice to the owners of such lands, for the correction thereof, and the Justices shall certify the same accordingly, if it shall appear to them that such omission, mistatement or erroneous description arose from mistake; and the Certificate shall state the particulars of any such omission, and the manner thereof, and shall be deposited with the said Clerks of the Peace of the Districts or Counties respectively in which such lands shall be situate, and be kept by them respectively along with the other documents to which they relate; and thereupon, such Map or Plan or Book of Reference shall be deemed to be corrected according to such Certificate ; and it shall be lawful for the Company to make the Rail-way in accordance with such Certificate.

Thirdly. If any alterations from the original Plan or Survey be intended to be made in the line or course of the Rail-way, a Plan and Section in triplicate of such alterations

Omissions how re: medied,

Alterations from original survey.

as

14° & 15° VICTORIÆ, CAP, 51.
°

map

a .

as shall have been approved of by Parliament, on the same scale and containing the same particulars as the original Plan and Survey, shall be deposited in the same manner as the original plan, and copies or extracts of such Plan and Section as shall relate to the several Districts or Counties, in or through which such alterations shall have been authorized to be made, shall be deposited with the Clerks of such several Districts and Counties.

Fourthly. Until such original Map or Plan and Book of Reference, or the Plans and Rail-way not to be Sections of the alterations, shall have been deposited as aforesaid, the execution of the proceeded with until

&. Rail-way, or of the part thereof affected by the alterations, as the case may be, shall not be proceeded with.

Fifthly. The Clerks of the Peace shall receive and retain the copies of the original Clerks of the Peace to Plans and Surveys, and copies of the Plans and Sections of alterations, and copies and receive copies of ori

ginal c extracts thereof respectively, and shall permit all persons interested to inspect any of the documents aforesaid, and to make copies and extracts of and from the same, under a penalty for default of One Pound Currency.

Sixthly. The copies of the Maps, Plans and Books of Reference, or of any alteration Copies certified to or correction thereof, or extracts therefrom, certified by any such Clerk of the Peace, Clerk to be good eviwhich Certificate such Clerk of the Peace shall give to all parties interested when required, shall be received in all Courts of Justice or elsewhere as good evidence of the contents thereof. Seventhly. No deviation of more than one mile from the line of the Rail-way

or from Line not to deviato the places assigned thereto, in the said Map or Plan and Book of Reference or Plans or more than a mile. Sections shall be made, nor into, through, across, under or over any part of the lands not shewn in such Map or Plan and Book of Reference, or Plans or Sections, or within one mile of the said line and place, save in such instances as are provided for in the Special Act.

Eighthly. Provided that the Rail-way may be carried across or upon the lands of any Error in the name of person on the line, or within the distance from such line as aforesaid, although the a person entered in a name of such person be not entered in the Book of Reference through error or any other Book of Reference. cause, or although some other person be erroneously mentioned as the owner of or entitled to convey, or be interested in such lands.

Ninthly. The lands which may be taken without the consent of the proprietor Extent of lands to be thereof, shall not exceed thirty yards in breadth, except in such places where the taken without consent

of proprietor, Rail-way shall be raised more than five feet higher, or cut more than five feet deeper than the surface of the line, or where offsets shall be established, or where stations, depots or fixtures are intended to be erected, or goods be delivered, and then not more than two hundred yards in length by one hundred and fifty yards in breadth, without the consent of the person authorized to convey such lands; and the places at which such extra breadth is to be taken shall be shewn on the Map or Plan, or Plans or Sections, so far as the same may be then ascertained, but their not being so shewn shall not prevent such extra breadth from being taken, provided it be taken upon the line shewn or within the distance aforesaid from such line.

Tenthly. The extent of the public beach, or of the land covered with the waters of Extent of public beach any river or lake in this Province, taken for the Rail-way, shall not exceed the quantity to be taken. limited in the next preceding clause.

.

.

LANDS, AND THEIR VALUATION.

XI. And be it enacted; That the conveyance of lands, their valuation and the compensation therefor, shall be made in manner following: Firstly. All Corporations and persons whatever, tenants in tail or for lise, grevés de

Corporation, &c, may substitution, guardians, curators, executors, administrators, and all other trustees convey landa. whatsoever, not only for and on behalf of themselves, their heirs and successors, but also for and on behalf of those whom they represont, whether infants, issue unborn, lunatics, idiots, femes-covert, or other persons, who are or shall be seized, possussed of

240 *

or

or interested in any lands, may contract for, sell and convey unto the Company all or any part thereof; and any contract, agreement, sale, conveyance and assurance so to be made, shall be valid and effectual in law to all intents and purposes whatsoever; any law, statute, usage or custom to the contrary thereof in anywise notwithstanding, and such Corporation or person, so conveying as aforesaid, is hereby indemnified for

what he or it shall respectively do by virtue of or in pursuance of this Act. Effect of contracts Secondly. Provided, that any contract or agreement made by any party authorized made before deposit of by this Act to convey lands, and made before the deposit of the Map or Plan and Book

of Reference, and before the setting out and ascertaining of the lands required for the Rail-way, shall be binding at the price agreed upon for the same lands, if they shall be afterwards so set out and ascertained within one year from the date of the contract or agreement, and although such land may, in the mean time, have become the property of a third party; and possession of the land may be taken and the agreement and price may be dealt with, as if such price had been fixed by an award of Arbitrators as

hereinafter provided, and the agreement shall be in the place of an award. Corporations who Thirdly. All Corporations or persons who cannot in common course of law sell or cannot send an ay nagres alienate any lands so set out and ascertained, shall agree upon a fixed annual rent as

an equivalent, and not upon a principal sum, to be paid for the lands; and if the amount of the rent shall not be fixed by voluntary agreement or compromise, it shall be fixed in the manner herein prescribed, and all proceedings shall in that case be regulated as herein prescribed ; and for the payment of the said annual rent, and every other annual rent agreed upon or ascertained, and to be paid for the purchase of any lands, or for any part of the purchase money of any lands, which the vendor shall agree to leave unpaid, the Rail-way and the tolls thereon shall be and are hereby made liable and chargeable in preference to all other claims and demands thereon whatsoever, the Deed creating such charge and liability being duly registered in the Registry Office

of the proper County, As to proprietors par Fourthly. Whenever there shall be more than one party proprietor of any land as

joint tenant or tenants in common, or par indivis, any contract or agreement made in good faith with any party or parties proprietor or being together proprietors of one third or more of such land, as to the amount of compensation for the same or for any damages thereto, shall be binding as between the remaining proprietor or proprietors as joint tenants or tenants in common and par indivis ; and the proprietor or proprietors who have so agreed, may deliver possession of such land, or empower the entry upon the same, as the case may be.

Fifthly. After one month from the deposit of the Map or Plan and Book of Reference notice of deposit of

as aforesaid, and from notice thereof in at least one newspaper, if there be any, map, &c., application to the owner of tands. published in each of the Districts and Counties through which the Rail-way is intended

to pass, application may be made to the owners of lands or to parties empowered to convey lands, or interested in lands which may suffer damage from the taking of materials or the exercise of any of the powers granted for the Rail-way, and thereupon, agreements and contracts may be made with the said parties touching the said lands or the compensation to be paid for the same, or for the damages, or as to the mode in which the said compensation shall be ascertained, as shall seem expedient to both parties, and in case of disagreement between them, or any of them, then all questions

which shall arise between them, shall be settled as follows, that is to say : Deposit to be general Sixthly. The deposit of a Map or Plan and Book of Reference, and the notice of such

deposit, given as aforesaid, shall be deemed a general notice to all such parties as

aforesaid of the lands which will be required for the said Rail-way and works. Notice to opposite para Seventhly. The notice served upon the party shall contain a description of the lands

to be taken, or of the powers intended to be exercised with regard to any lands,
describing them ; a declaration of readiness to pay some certain sum or rent, as the
case may be, as compensation for such lands or for such damages, and the name of a
person to be appointed as the Arbitrator of the Company, if their offer be not accepted:
and such notice shall be accompanied by the Certificate of a Sworn Surveyor for

Upper
Canada

indivis,

After one month's

notice.

ty.

or unknown.

а

a

.

Third arbitrator.

Canada or Lower Canada, as the case may be, disinterested in the matter, and not
being the Arbitrator named in the notice, that the land, if the notice relate to the
taking of land, shewn on the said map or plan and, is required for the Rail-way, or is Sic.
within the limits of deviation hereby allowed ; that he knows the land, or the amount
of damage likely to arise from the exercise of the powers ; and that the sum so offered,

;
is, in his opinion, a fair compensation for the land, and for the damages as aforesaid.

Eighthly. If the opposite party be absent from the District or County in which the if the party be absent lands lie, or be unknown, then, upon application to a Judge of the District, County or Circuit Court, as the case may be, accompanied by such Certificate as aforesaid, and by an affidavit of some officer of the Company that the opposite party is so absent, or that after diligent enquiry, the party on whom the notice ought to be served cannot be ascertained, the Judge shall order a notice as aforesaid, but without a Certificate, to be inserted three times in the course of one calendar month in some newspaper published in the said District or County.

Ninthly. If within ten days after the service of such notice, or within one month Party not accepting after the first publication thereof as aforesaid, the opposite party shall not notify to the the Company's offer,

and not appointing an Company his acceptance of the sum offered by them, or notify to them the name of a arbitrator. person whom he appoints as Arbitrator, then the Judge shall, on the application of the Company, appoint a Sworn Surveyor for Upper or Lower Canada, as the case may be, to be sole Arbitrator for determining the compensation to be paid as aforesaid. Tenthly. If the opposite party shall, within the time aforesaid, notify to the

Appointment of arbia Company the name of his Arbitrator, then the two Arbitrators shall jointly appoint trators by opposite a third, or if they cannot agree upon a third, then the Judge shall, on the application party. of the party or of the Company, (previous notice of at least one clear day having been given to the other party) appoint a third Arbitrator.

Eleventhly. The Arbitrators, or any two of them, or the sole Arbitrator, being Duties of arbitrators. sworn before some Justice of the Peace for the District or County in which the lands lie as aforesaid, faithfully and impartially to perform the duties of their office, shall proceed to ascertain the said compensation in such way as they or he, or a majority of them, shall deem best, and the award of such Arbitrators, or any two of them, or of the sole Arbitrator, shall be final and conclusive : Provided that no such award shall be made or any official act be done by such majority, except at a meeting held at a time and place of which the other Arbitrator shall have at least one clear day's notice, or to which some meeting at which the third Arbitrator was present, shall have been adjourned ; and no notice to either of the parties shall be necessary, but they shall be held sufficiently notified through the Arbitrator they shall have appointed, or whose appointment they shall have required.

Twelfthly. Provided, that if in any case where three Arbitrators shall have been Costs how paid. appointed, the sum awarded be not greater than that offered, the costs of the Arbitration shall be borne by the opposite party, and deducted from the compensation, but if otherwise, they shall be borne by the Company, and in either case they may, if not agreed upon, be taxed by the Judge aforesaid.

Thirteenthly. The Arbitrators, or a majority of them, or the sole Arbitrator, may Arbitrators may êx examine on oath or solemn affirmation the parties, or such witnesses as shall voluntarily amine on vath, appear before him or them, and may administer such oath or affirmation ; and any wilfully false statement made by any witness, under such oath or affirmation, shall be deemed wilful and corrupt perjury, and punishable accordingly.

Fourteenthly. The Judge by whom any third Arbitrator or sole Arbitrator shall Time within which be appointed, shall

, at the same time, fix a day on or before which the award shall award must be made. be made, and if the same be not made on or before such day, or some other day to which the time for making it shall have been prolonged, either by the consent of the parties or by the order of the Judge (as it may be for reasonable cause shewn, on the application of such sole Arbitrator or of one of the Arbitrators after one clear day's notice to the others), then, the sum offered by the Company as aforesaid, shall be the compensation to be paid by them.

Fifteenthly.

Proviso.

lified for certain circumstances.

Arbitrator dying, &c. Fifteenthly. If the Arbitrator appointed by such Judge, or if any Arbitrator appointed

by the parties, shall die before the award be made, or be disqualified, or refuse or fail to act within a reasonable time, then, upon the application of either party, such Judge being satisfied by affidavit or otherwise of such disqualification, refusal or failure, may, in his discretion, appoint another Arbitrator in the place of him by the Judge previously appointed, and the Company and party may each appoint an Arbitrator in the place of their Arbitrator deceased or otherwise not acting as aforesaid, but no

recommencement or repetition of prior proceedings shall be required in any case. Company may desist Sixteenthly. Any such notice for lands, as aforesaid, may be desisted from, and new paying costs,

notice given, with regard to the same or other lands, to the same or any other party, but in any such case, the liability to the party first notified for all damages or costs by

him incurred in consequence of such first notice and desistment, shall subsist. Arbitrators not disqua- Seventeenthly. The Surveyor or other person offered or appointed as Valuator or as

Arbitrator, shall not be disqualified by reason that he is professionally employed by either party, or that he has previously expressed an opinion as to the amount of compensation, or that he is related or of kin to any member of the Company, provided he is not himself personally interested in the amount of the compensation; and no cause of disqualification shall be urged against any Arbitrator appointed by the Judge after his appointment, but shall be made before the same, and its validity or invalidity shall be summarily determined by the Judge; and no cause of disqualification shall be urged against any Arbitrator appointed by the Company or by the opposite party after the appointment of a third Arbitrator; and the validity or invalidity of any cause of disqualification urged against any such Arbitrator, before the appointment of a third Arbitrator, shall be summarily determined by any such Judge, on the application of either party, after one clear day's notice to the other, and if such cause be determined to be valid, the appointment shall be null, and the party offering the person so adjudged to be disqualified, shall be held to have appointed no Arbitrator.

Eighteenthly. No award made as aforesaid shall be invalidated from any want of form or other technical objection, if the requirements of this Act shall have been complied with, and if the award shall state clearly the sum awarded, and the lands or other property, right or thing for which such sum is to be the compensation ; nor shall it be necessary that the party, or parties to whom the sum is to be paid, be named in the

award. Possession may be Nineteenthly. Upon payment or legal tender of the compensation or annual rent so taken on payment, tender, &c., of sum awarded or agreed upon as aforesaid to the party entitled to receive the same, or upon

the deposit of the amount of such compensation in the manner hereinafter mentioned, the award or agreement shall vest in the said Company the power forthwith to take possession of the lands, or to exercise the right, or to do the thing for which such compensation or annual rent shall have been awarded or agreed upon; and if any resistance or forcible opposition shall be made by any person, to their so doing, the Judge, may, on proof to his satisfaction of such award or agreement, issue his Warrant to the Sheriff of the District or County, or to a Bailiff, as he may deem most suitable, to put the said Company in possession, and to put down such resistance or opposition, which the Sheriff or Bailiff, taking with him sufficient assistance, shall accordingly do: Provided that such Warrant may also be granted by any such Judge, without such award or agreement, on affidavit to his satisfaction that the immediate possession of the lands or of the power to do the thing mentioned in the notice, is necessary to carry on some part of the said Rail-way with which the said Company are ready forthwith to proceed; and upon the said Company giving security to his satisfaction, and in a sum which shall not be less than double the amount mentioned in the notice, to pay or deposit the compensation to be awarded within one month after the making of the award, with interest from the time at which possession shall be given, and with such costs as may

be lawfully payable by the Company. As to incumbrances Twentiethly. The compensation for any lands which might be taken without the upon lands, &c., pura consent of the proprietor, shall stand in the stead of such lands; and any claim to or

incumbrance

Awards not avoided ! for want of form.

awarded.

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