Keep register. Prepare re- 2. Keep a regular register of such correspondence, and classify the same in such a manner as to be able easily to refer thereto; 3. Prepare the reports; 4. Keep separate accounts for the grants for every public accounts for work, property or building; public works. Кеерас 5. Keep proper accounts with each contractor, superincounts with tendent of works, and other persons employed by the Department; contractors. Prepare certificates. Have charge 6. Prepare certificates upon which any warrant is to issue; 7. Keep charge of all reports, plans, maps, contracts, of reports, &c. estimates, titles, models and other articles and documents, relating to such public work, property or building; Keep minutes. 8. Keep minutes of all proceedings of the Department, and, generally, Other duties. 9. Perform all such acts concerning the business of the Department, which he may, from time to time, be directed by the Commissioner to perform. 50 V., c. 7, s. 8. Duties of gineer. 1765. It is the duty of the managing engineer of works to managing en- prepare maps, plans and estimates for all public works which are about to be constructed, altered or repaired by the Department; to report for the information of the Commissioner on any question relating to public works which may be submitted to him, to examine and revise the plans, estimates and recommendations of other engineers and officers in connection with the Department, and generally to advise the Department in all engineering questions affecting the public works of the Province. 50 V., c. 7, s. 8. Certain insti tutions to answer official com § 3.-Duties of officers of certain institutions respecting the Department. 1766. The Council of Arts and Manufactures, mechanics' institutes, public institutions and public officers in this Province, shall promptly answer official communications from the munications. Department, and shall make diligent efforts to supply correct information on all questions submitted to them. Penalty on ing. Any officer of any of the institutions above-named, refusing officers refus or wilfully neglecting to answer any questions or to furnish any information relating to the interest of mechanics or manufactures, shall, for every such offence, incur a penalty of twenty dollars, which shall be recoverable in the name of Her Majesty before any competent court. 50 V., c. 7, s. 8. LieutenantGovernor may require maps, &c., to be given up. 1767. The Lieutenant-Governor may, from time to time, require any person or corporation having the possession or custody of any maps, plans, specifications, estimates, reports or other papers, books, drawings, instruments, models, contracts, documents, or records, not being private property, and relating to any public work, building or property, which is now, or which may hereafter be placed under the control of the De partment of Public Works, to deliver the same to the secretary; and may also, from time to time, place in his possession and custody, for the use of the Commissioner, all instruments, books, drawings, models or documents relating to the objects for which the Commissioner is appointed, and which are requisite for the better attainment of the ends of this chapter. 50 V., c. 7, s. 8. PART SECOND. MATTERS CONNECTED WITH THE DEPARTMENT. SECTION IV. INSURANCES, WARRANTS, ETC. § 1.-Insurance on Public Buildings. 1768. The Commissioner may cause to be insured, in his Commissionofficial name, all the public works and buildings of the Pro- er may insure vince, against fire, in solvent insurance companies. 32 V., c. buildings. 15, s. 124. § 2. Warrants, Accounts, &c. may 1769. No warrant shall be issued for any sum of public How warmoney appropriated for any public work under the manage- rants for the ment of the Commissioner, except on the certificate of the Commissioner or his assistant that such sum ought to be paid money. to the person named therein. payment of The warrant, issued upon such certificate, shall in all cases Warrant a be deemed a legal tender to the person to whom it is made legal tender. ayable. 32 V., c. 15, s. 130. sioner may 1770. The Commissioner or his assistant may require any Commisaccount sent in to him by any contractor or any person employed require acby the Department, to be attested on oath, which oath, as well counts to be as that to be taken by any witness, the Commissioner or his sworn to. assistant may administer. 32 V., c. 15, s. 131. 3.-Powers of Commissioner respecting Public Works. make in 1771. The Commissioner or his assistant may send for and Commisexamine on oath all such persons as he deems necessary to sioner may examine, touching any matter upon which his action is required, quiries under and may order all such persons to bring with them such papers, oath. plans, books, documents and things requisite for the proof of such matter, and may pay such persons reasonable compensation for their time and disbursements; and such persons shall be bound to attend at such summons after due notice, under a penalty of twenty dollars in each case. 32 V., c. 15, s. 132. Commissioner to report annually to 1772. The Commissioner shall make and submit to the Lieutenant-Governor an annual report on all the works under his control; which report, showing the state of each work, the the Legisla- amounts received and expended in respect thereof, with such further information as may be requisite, shall be laid before the Legislature within ten days from the commencement of each session. 32 V., c. 15, s. 133; 50 V., c. 7, s. 8. ture. Contracts for work to be given by tender. Exception. Security to be taken from contractors. Power to &c. 1773. It shall be the duty of the Commissioner to invite tenders by public advertisement for the execution of all works made by contract, except in cases of pressing emergency, where delay would be injurious to the public interest, or where, from the nature of the works to be performed, it could be more expeditiously and economically executed by the officers and servants of the Department. 32 V., c. 15, s. 134. 1774. The Commissioner, in all cases where public work is being carried out by contract, shall take all reasonable care that good and sufficient security be given in favor of Her Majesty, for the due performance of such work within the amount and time specified for its completion; but no sum of money shall be paid to a contractor on any contract whatsoever, nor shall any work be commenced, until the contract has been signed by the parties therein named, or until the requisite security shall have been given. 32 V., c. 15, s. 135. 1775. The Commissioner may authorize the architects, make surveys, engineers, officers and contractors, servants and workmen employed by him, to enter into and upon any ground to whomsoever belonging, to survey and take the levels of the same, and to make such borings or sink such trial pits as they may deem necessary for any works under his management. 32 V., c. 15, s. 136. Power to take possession of and acquire lands. Persons enabled to contract. 1776. The Commissioner has, at all times, the power of acquiring and possessing for and in the name of Her Majesty any land or real estate, the appropriation of which is, in his judgment, necessary for the use, construction and maintenance of any public work or building, or for the use, construction or maintenance of hydraulic powers, made or created by, from or at any public work, or for the enlargement or improvement of such public works or for obtaining better access thereto; and he may, for such purpose, contract and agree with all persons, seigniors, bodies corporate, guardians, tutors, curators and trustees whatsoever, not only for themselves, their heirs, successors and assigns, but also for and on behalf of those whom they represent, whether minors, absentees, lunatics, married women, or other persons otherwise incapable of contracting, possessed of or interested in such lands and real estate; and all contracts and agreements and other instruments made in pursuance of any contract or agreement shall be valid to all intents and purposes whatever. 32 V., c. 15, s. 137. rials from 1777. The Commissioner and his agents may enter upon Power to any uncleared or wild land, and take therefrom all timber, take matestone, gravel, sand, clay or other materials necessary for the uncleared construction, maintenance and repair of public works or build- lands. &c. ings under his management, or may lay any materials or things upon any such land, for which compensation shall be made at the rate agreed or appraised and awarded; the Commissioner may make and use all such temporary roads to and from such timber, stone, clay, gravel, sand or gravel pits, required by him for the convenient passing to and from the works during their construction and repair, and may enter upon any land for the purpose of making proper drains to carry off the water from any public works or for keeping such drains in repair, making compensation as aforesaid. 32 V., c. 15, s. 138. tion. 1778. The compensation agreed on between the parties, or Payment of appraised and awarded in the manner hereinafter set forth, compensashall be paid for such land, real estate, timber, stone or other material, to the owner or occupants of such lands or other property, or to the persons suffering such damages aforesaid, within six months after the amount of such compensation has been agreed on or appraised and awarded. 32 V., c. 15, s. 139. agree 1779. When any such owner or occupant refuses or fails to Notice and to convey his estate or interest in such land or real estate tender before taking as herein before mentioned, the Commissioner may tender the possession. reasonable value, in his estimation, of the same, with notice that the question will be submitted to the arbitrators hereinafter mentioned; and, in every case, the Commissioner may, three days after the agreement or tender and notice, authorize possession to be taken of the land and real estate so agreed or tendered for. 32 V., c. 15, s. 140. not reside on 1780. If the owners of such land or real estate do not re- Notice when side on or near the property so required, then notice shall be the owners do given in the Quebec Official Gazette, and in two other news- the land. papers published in or near the district or county in which such property is situate, of the intention of the Commissioner to cause possession to be taken of such land or real estate, and, after ten days from publication of the last notice, possession may be taken accordingly. 32 V., c. 15, s. 141. 1781. The Commissioner may close or alter any part of a Power to public road, where it is found to interfere with the proper line alter the line of any public or site of any public work; but, before closing or altering road. such public road, he shall open and substitute another convenient road in lieu thereof; and the land, theretofore used for any road, or part of a road, so discontinued, may be transferred by the Commissioner to, and shall thereafter become the property of the owner of the land of which it originally formed part. 32 V., c. 15, s. 142. construction of ditches. Removal of 1782. Whenever it is necessary, in the prosecution of any fences adjoin- public work, for the Commissioner or his contractors or sering any public works and vants to take down, demolish or remove the walls or fences of any property adjoining such public work, or to construct any ditches or drains for the outlet of water which shall have accumulated behind the banks of any public canal, the Commissioner, or contractor, or their authorized servants shall replace the said walls and fences as soon as the necessity which caused their being taken down, demolished, or removed, shall have ceased to exist; and, after the same have been so replaced, they shall be maintained by the proprietor, in the same manner as if they had never been taken down or removed. 32 V., c. 15, s. 143. Former con avail as if made under § 4. Certain Contracts and Property vested in the Crown. 1783. All contracts, agreements, bonds or leases, for or retracts, &c., to specting any works or buildings now the property of this Province, or for any tolls for the same, entered into by the Commissioner of Public Works of the late Province of Canada, or by any commissioners or other persons duly authorized to enter into the same, shall inure to Her Majesty, and may be enforced as if they had been made and entered into under the authority of this chapter. 32 V., c. 15, s. 126. this chapter. Real estate to be vested in Her Majesty and may be sold when not required. Certain hydraulic powers to belong to Her Majesty, and may like wise be sold or leased. How appointed and for what purpose. Powers of arbitrators. 1784. All real estate acquired for the use of public works or buildings shall be vested in Her Majesty and, when not required for the said works or buildings, may be sold under the authority of the Lieutenant-Governor in Council. 32 V., c. 15, s. 127. 1785. The hydraulic powers created by the construction of any public works, or by the expenditure of public money thereon, shall also belong to Her Majesty, and any portion thereof, not required for public works, may also be sold or leased under the authority of the Lieutenant-Governor; and the proceeds of such sales or leases shall be accounted for as public money. 32 V., c. 15, s. 128. SECTION V. ARBITRATIONS. § 1.-Appointment of Official Arbitrators. 1786. The Lieutenant-Governor may, from time to time, constitute a board of arbitration and appoint competent persons, not exceeding three in number, as arbitrators for the Province of Quebec. Such arbitrators shall arbitrate on, appraise, determine and award the sums which shall be paid to any person for land or property taken for any public work, or as compensation for any loss or damage caused by such taking, or in |