Award to be Costs by &c. examining witnesses, and for compelling the production of all papers and documents. 32 V., c. 15, s. 170. to 1807. Any witness, duly summoned, who neglects or refuses before such arbitrators, or to be sworn, or to answer appear any interrogatories submitted to him, or who refuses to produce any documents required of him, shall be liable to the penalty mentioned in article 1798, in the same manner and under the exemptions and modifications set forth in such article; the penalty shall be recovered in the manner therein prescribed, and such witnesses shall have a right to be taxed in the manner therein provided. 32 V., c. 15, s. 171. 1808. The claimant shall give, to the satisfaction of the arbitrators appointed under the two preceding articles, security in the cases provided for, in the manner and for the purposes mentioned in article 1792. 32 V., c. 15, s. 172. 1809. The award of such arbitrators, or of a majority thereof, shall be final and without appeal. 32 V., c. 15, s. 173. 1810. The costs, incurred in any arbitration, made under whom paid, article 1806, shall be borne, taxed and paid, in the manner prescribed in article 1805, and the remuneration to be allowed such arbitrators shall be fixed in the same manner as for official arbitrators. 32 V., c. 15, s. 174. SECTION VI. Compensa sent land as regards hypo- CONFIRMATION OF TITLES TO REAL ESTATE. 1811. Compensation, awarded by arbitration, in respect to tion to repre- lands which may have been taken under the present chapter without the consent of the owner thereof, or respecting which there shall be an agreement between the Commissioner and the party who may legally convey such lands, or who is legally in possession thereof as owner, shall represent such lands; and any claim, hypothec, or encumbrance on such lands shall be converted into a debt payable out of such compensation. 32 V., c. 15, s. 175. In certain cas's compen sation og b 1812. If the Commissioner have reason to believe that such land is encumbered with claims or hypothecs, or if the party, to whom the whole or a part of such compensation inoney is payable, refuse to execute the conveyance thereof and give proper security, or if the party who has a right to such compensation money cannot be found or be unknown to the Commissioner, or if, for any other reason, the Commissioner deem it advisable, he may pay such compensation money into the hands of the prothonotary of the Superior Court for the district in which such land is situated, with six months' interest thereon, and deliver to the prothonotary an authentic copy of such conveyance, or of the award of the arbitrators, if there be no such conveyance, and such award shall be regarded as the title of Her Majesty to the land therein mentioned, and, on petition by the Crown, measures shall be taken for the confirmation of the title, except that, in addition to the ordinary contents of the notice, the prothonotary shall announce that such title, that is to say, the conveyance or the award of the arbitrators, is under this chapter, and shall require all persons who have any claim to such land or to any part thereof, or the representatives or husband of any person having any claim thereto, to file their opposition for such claims to the compensation money either in whole or in part; and all such oppositions shall be received and adjudicated upon by the court, and the judgment in confirmation shall finally dispose of all claims to such lands or any part thereof as well as all incumbrances and hypothecs. 32 V., c. 15, s. 176. distribution 1813. The court shall, for the distribution, payment or in- Court to vestment of the compensation money, and for securing the regulate the rights of all interested parties, make all the provisions required of the money, by law and justice; and the costs of such proceedings, either &c. in whole or in part, shall be paid by the Commissioner or by Costs. any other person whom the court may deem it just to condemn so to do. 32 V., c. 15, s. 177. 1814. If the judgment in confirmation be obtained in less How payment than six months from the payment of the compensation money shall be reguinto the prothonotary's hands, the court may order a propor- lated. tionate part of such interest to be returned to the Commissioner; and if, by reason of any error, mistake or negligence in the proceedings on the petition in confirmation of title, such confirmation of title be not obtained until after the expiration of six months, the court shall order that the interest, for any subsequent period which it deems reasonable, be paid to the party having a right thereto. 32 V., c. 15, s. 178. SECTION VII. RESUMPTION OF PUBLIC WORKS. nant-Gover 1815. The Lieutenant-Governor may, at any time, order the In certain Commissioner to re-enter into possession of any public work cases Lienteor building, in consequence of the termination of any lease, nor may order charter, or agreement whatever, or the taking effect of a resolutory condition, as well as for non-fulfilment of any con- works. tract or for any other cause of rescission, or for public purposes. 32 V., c. 15, s. 179. the resump. tion of public 1816. Such order in council must be served on the holder Formalities in of such public work or building, or on his representatives on such cases. the premises, and, immediately after such service, the Commissioner or any person authorized by him for such purpose, may, Proceedings in case of refusal to deliver up. without any other formality, take possession of the public work or building specified in the order in council, without prejudice to any recourse for indemnity by the party dispossessed, if he deem himself aggrieved thereby. 32 V., c. 15, s. 180. 1817. Should the holder or his representatives refuse or neglect to deliver up such public work or building to the Commissioner or to any person deputed by him, immediately after the service of the order in council aforementioned, the sheriff of the district, in which such public work or building is situated, shall, under a warrant signed by the Lieutenant-Governor, be bound to seize such public work or building and to maintain the Commissioner or any person deputed by him in the possession thereof. 32 V., c. 15, s. 181. SECTION VIII. How they kept up. SALE AND TRANSFER OF PUBLIC WORKS TO LOCAL AUTHORITIES. 1818. The Lieutenant-Governor may, by proclamation, declare any public road or bridge, under the management and control of the Commissioner, to be no longer under his control; and upon, from and after a day to be named in the proclamation, such road or bridge shall cease to be under the management and control of the Commissioner, and no toll shall thereafter be levied on such road or bridge under the authority of this chapter. 32 V., c. 15, s. 182. 1819. Every public road or bridge, declared as aforesaid to shall then be be no longer under the management of the Commissioner, shall be under the control of the municipal or other local authorities and the road officers thereof, and shall be maintained and kept in repair by such authorities in like manner as other public roads and bridges therein under their control. 32 V., c. 15, s. 183. Power to enter into arrangements of works to local authorities, &c. 1820. The Commissioner may enter into arrangements with any municipal council or other corporation or local for transfer authority or with any company incorporated for the purpose of constructing or maintaining such work or works of a like nature in the Province, for the transfer to them of any public roads, bridges, buildings or other public works, whether within or without the limits of the local jurisdiction of such municipal councils or other authorities, which it is deemed advisable to place under their management. Transfer, how made. On the completion of such arrangements, the LieutenantGovernor may grant, and, in so granting, transfer and convey forever, or for any term of years, all or any of such roads and bridges, buildings or other public works to such municipal council or other local authority or company, hereinafter called "grantee," upon such terms and conditions as shall have been agreed upon. of local au Notwithstanding any thing contained in this chapter or in Powers, &c., any other law of this Province, the said municipal councils or thorities for other local authorities may make such arrangements and may such purpotake possession of any works so transferred. 32 V., c. 15, s. 184. ses. transfer. 1821. Any such grant may be made by an order in council Form and published in the Quebec Official Gazette; and, by such order effect of such all the powers and rights, vested in the Crown or in any public officer or department, in respect of such public work, may be vested in the grantee of such public work. tions of the 2. Such order in council may contain any conditions, Conditions clauses and limitations which shall have been agreed upon, and and limitawhich, as well as all the provisions of such order in council, grant. shall, in so far as they are not inconsistent with this chapter, have force and be obeyed as if they had been contained in this chapter and had formed part of the enactments thereof. grant. 3. Every such order in council may, with the consent of Revoking and the grantee, be revoked or amended by any subsequent order amending the in council published as aforesaid; and a copy of the Quebec Official Gazette, containing such order in council, shall be evidence thereof; and the consent by such grantee thereto shall be presumed unless it is disputed by the grantee, and, if disputed, it shall be proved by a copy of such order in council, on which the consent of the grantee shall be written and attested by such signature or seal, or both, as would be sufficient to make any deed or agreement, the deed or agreement of such grantee. 32 V., c. 15, s. 185. the grant may 1822. The provisions and conditions of any order in coun- What the cil, made under this chapter, may extend to the mode of ad- conditions of justing and determining any difference arising between the extend to. Crown and any municipal corporation, local authority or company as to their respective rights under the same, or to the reservation by the Crown of the right of re-entry into possession of any public work, in default of such corporation, authority, or company performing the conditions agreed upon, and to vest the sheriff with power to give possession of such public work to any public officer in the name of the Crown on a warrant under the hand and seal of the Lieutenant-Governor, addressed to such sheriff, reciting such default and commanding him to give such officer possession in the name of the Crown as aforesaid. No legislative enactment, made for the purpose of enforcing Enactments the provisions of any such order in council as aforesaid, and may be made for enforcing no provision of any such order in council, shall be deemed an conditions. infringement of the rights of the municipal corporation, local authority or company to which it relates. Nothing in this article shall prevent the enforcement of the Rights of rights of the Crown in any legal manner, not inconsistent Crown may be enforced. No works to be conveyed except with with the conditions and provisions of such order in council. 32 V., c. 15, s. 186. 1823. No public road, bridge or work shall be conveyed to any company, unless such conveyance reserves to the Crown certain reser- the right to retake such road, bridge or work at any time, after the expiration of some period not to exceed ten years, on the conditions which shall be set forth in the order in council relating to such conveyance. vations, And for cer No such public road, bridge or work shall be leased to any tain time only. company for any greater length of time than ten years. 32 V., c. 15, s. 187. Security to be of convey ance. 1824. No public bridge, road, or work shall be sold or given in case leased to a company, unless real or personal security, to the satisfaction of the Lieutenant-Governor in Council, be given for an amount equal to ten per cent. of the actual value of such public road, bridge or work, in the case of sale, or of the estimated value of such work in the case of lease. Forfeiture in case of nonfulfilment of conditions. Work trans Such security shall be forfeited to the Crown in case of the non-fulfilment of the conditions of the sale or lease. 32 V., c. 15, s. 188. 1825. One of the conditions of the lease or transfer of any ferred to be public road, bridge or work shall be that such work shall be kept in repair. kept in thorough repair, and that, for all the purposes of such contract, sale or lease, the sufficiency of such repair shall be ascertained and decided upon by an engineer who shall be appointed by the Commissioner to examine the same. 32 V., c. 15, s. 189. Persons may toll-bridges and report. 1826. The Commissioner, whenever he shall deem it desir be appointed able, or whenever he shall be required so to do by one or more to inspect persons, may cause any toll-bridge to be inspected by any officer of his Department or any other competent person, appointed by him for such purpose, with instructions to draw up a detailed report of the condition of the bridge subjected to such inspection; the said report to indicate whether such bridge stands in need of immediate repairs, or whether it should be entirely rebuilt, and to specify the delay within which such repairs or reconstruction may be accomplished. Report and 2. Such report shall be submitted to the Commissioner, who, order thereon if he approve thereof, shall take such action thereupon as he deems just, and shall cause the bridge-keeper, either personally or at his residence, to be served with a copy of the said report and of his order thereupon. to be served on bridgekeeper. Proceedings is not com plied with. 3. If, at the expiration of the delays fixed in the order of in case order the Commissioner for the commencement or completion of the works ordered, the owner of the bridge or the lessee thereof have neglected to begin or to complete the said works, the Commissioner, after having himself established such default, or, after having caused the same to be established, shall make |