Powers of the Minister to extend to the exercise of clearance rights. same, as shall also such other sections and provisions of this Act as the Governor in Council may from time to time direct. 50. With respect to any work so declared to be a Public Work, the powers of the Minister of Public Works shall extend to the demolition and removal of all such buildings, walls, woods, trees, fences or other obstructions, natural or artificial, and to the filling up of such hollows, natural or artificial, on any land, as would in the opinion of the Engineers, civil or military, employed on such work, impair the effect thereof, and to the preventing the construction or existence of any such obstruction thereafter, without acquiring the land itself; and the said Minister or his agents may, after notice as provided by sections twenty-seven and twenty-eight, and tender of reasonable compensation in his estimation for the right intended to be exercised, enter upon any such lands and cause the required work to be performed, and may at any time thereafter again enter thereupon and remove any such obstruction so as to restore the land to the state in which it was after the first performance of such work; and if the renewal of any such obstruction has been caused by the fault of the owner of the lands, or of those through whom he claims, the cost of removing Compensation it may be recovered from him by the said Minister; and the to be fixed by compensation to be paid for the exercise of the powers given by this section shall, if not agreed upon by the parties, be determined by the official Arbitrators above mentioned. Arbitrators. Powers of H. M. Principal War Depart ment, under former Acts, saved. His powers under this Act. 51. Nothing in this Act shall affect the powers vested in Her Majesty's Principal Secretary of State for the War Department, by the Act of the Legislature of the late Province of Canada, passed in the twenty-ninth year of Her Majesty's reign, chapter seven (which shall hereafter be construed as referring to this Act and to the Minister and Arbitrators hereinmentioned, instead of the Commissioner and Arbitrators mentioned in the said Act) or by any other Act of the said late Province or of either of the Provinces of Nova Scotia or New Brunswick, or shall affect any provision of any such Act not inconsistent with this Act; And any work in any part of Canada, certified by the Commander of Her Majesty's Forces in Canada, or in the Province in which such work is or is to be situate, to be required for defence of Canada, shall be held to be a Public Work within the meaning of this Act, and the said Principal Secretary of State shall have the same powers and rights with regard to the taking possession of lands or materials required for any such work, and with regard to lands required to be cleared and kept cleared of obstructions as aforesaid, as are hereby vested in the Minister, and the price to be paid for such lands or the compensation to be paid for the exercise of such powers and rights, if not agreed upon by the parties, shall be determined by the official Arbitrators appointed under this Act, as if such lands had been taken, or such powers and rights exercised, by the said Minister. SALE OR TRANSFER OF PUBLIC WORKS TO LOCAL AUTHORITIES. declared no Minister. 52. The Governor may by Proclamation declare any Public Works may be Road or Bridge under the management and control of the longer under Minister, to be no longer under his control;-And upon, from control of the 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 Minister, and no tolls shall thereafter be levied thereon under the authority of this Act. up, &c. 53. Any public road or bridge declared, as aforesaid, to be How they shall no longer under the management of the Minister, shall be then be kept under the control of and shall be maintained and kept in repair by the municipal or other authorities of the locality, and the Road Officers thereof, in like manner with other Public Works and Bridges therein under their control. Inents fortrans authorities, 54. The Minister may enter into arrangements with any Power to enter Provincial Government, Municipal Council or other local Cor- into arrangeporation or authority, or with any Company in Ontario or fer of works Quebec, incorporated for the purpose of constructing or holding to local such work or works of like nature in the same Province, for &c., the transfer to them of any of the Public Roads, Harbours, Rivers or River Improvements, Bridges or Public Buildings (whether within or without the limits of the local jurisdiction of such Municipal Councils or other authorities), which it is found convenient to place under their management ;-And on the Transfer how completion of such arrangements, the Governor may grant, and maie. by so granting, transfer and convey for ever or for any term of years, all or any of such Roads, Harbours, Rivers and River Improvements, Bridges or Public Buildings to such Provincial Government, Municipal Council or other local authority or Company (hereinafter called the Grantee), upon such terms and conditions as have been agreed upon; and for and notwithstanding anything in this or any other Act, the said Governments, Municipal Councils or other local authorities may enter into such arrangements and may take and hold any works so transferred. 55. Any such grant may be made by Order in Council, Form and published in the "Canada Gazette ;"--and by such Order effect of transany fer. or all of the powers and rights vested in the Crown, or in any officer or Public Department, in respect of such Public Work, may be granted to and vested in the Grantee to whom the Public work is granted; the grant. 2. And such Order in Council may contain any conditions, Conditions and clauses and limitations agreed upon, which, as well as all the limitations of provisions of such Order in Council, shall (in so far as they are not inconsistent with this Act, and do not purport to grant any right or power not immediately before the making of such Order in Council, vested in the Crown or in the Governor, or in some Officer or Department of the Government,) have force Revoking or amending the grant. What the con grant may extend to. and shall be obeyed, as if they had been contained in this Act, and had made part of the enactments thereof; 3. And any such Order in Council may, with the consent of the Grantee, be revoked or amended by any subsequent Order in Council published as aforesaid; and a copy of the Canada Gazette containing any such Order in Council shall be evidence thereof, and the consent of the Grantee thereto shall be presumed unless disputed by such Grantee, and if disputed, shall be proved by any copy of such Order in Council, on which the consent of the Grantee thereto 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. 56. The provisions and conditions of any Order in Council ditions of the made under this Act may extend-to the mode of adjusting and determining any difference arising between the Crown and any Municipal Corporation, Local Authority or Company, as to their respective rights under the same, or to the reservation of the right of re-entry by the Crown into possession of any Public Work on the default of such Corporation, Authority or Company to perform the conditions agreed upon,—and to the vesting in any Sheriff power to give possession of such Public Work to any Public Officer for the Crown, on any warrant under the hand and seal of the Governor to be addressed to such Sheriff, reciting such default and commanding him to give possession to such Officer for the Crown as aforesaid;-And no enactment made for the purpose of enforcing the provisions of any such Order in Council as aforesaid, shall be deemed an infringement of the rights of the Municipal Corporation, Local Authority or Company to which it relates, but nothing in this section shall prevent the enforcement of the rights of the Crown in any legal manner not inconsistent with the provisions and conditions of any such Order in Council. Enactments may be made for enforcing conditions. Work trans ferred to be kept in tho 57. One of the conditions of every such lease or transfer of any Bridge, Road or Public Work, shall be-that such work rough repair. shall be 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 on by such Engineer as shall be appointed to examine the same by the Minister. Governor in Council may impose tolls for use of Public Works. TOLLS ON PUBLIC WORKS. 58. The Governor may, by Order in Council to be issued and published as hereinafter provided, impose and authorize the collection of Tolls and Dues upon any Canal, Railway, Harbour, Road, Bridge, Ferry, Slide, or other Public Work vested in Her Majesty, or under the control or management of the Minister, and from time to time in like manner may alter and change such Dues or Tolls, and may declare the exemptions therefrom; and all such Dues and Tolls shall be payable in advance and be fore the right to the use of the Public Work in respect of which they are incurred shall accrue, if so demanded by the Collector thereof. canals. 59. The same tolls shall be payable on steamboats or vessels Tolls on the of any kind and passengers, brought down the River St. Law- St. Lawrence rence, past any of the Canals between Montreal and Kingston, as would be payable on such steamboats, vessels or passengers, if the same had been brought through the Canal or Canals past which they are so brought down; and such tolls shall be levied in like manner, and under the like penalties and forfeitures for the non-payment thereof. hired or from toll in favour of H. M. troops. 60. Her Majesty's Officers and Soldiers, being in proper uni- Exemptions form, dress or undress (but not when passing in any private vehicle), and all carriages and horses employed in Her Majesty's service, when conveying persons or baggage, shall be exempted from payment of any tolls on using or travelling over any road or bridge under the control of the Department, but nothing herein shall exempt any boats, barges, or other vessels employed in conveying the said persons, horses, baggage or Exemption as stores along any canal, from payment of tolls in like manner as to canals other boats, barges and vessels are liable thereto. limited. 61. All tolls and dues imposed under this Act may be re- Recovery of covered, with costs, in any Court having civil jurisdiction to the tolls. amount, by the Collector or person appointed to receive the same, in his own name or in the name of Her Majesty, and by any form of proceeding by which debts to the Crown may be recovered; 2. And all pecuniary penalties imposed by this Act, or by any Recovery of regulation made under the authority thereof, shall be recovera- penalties. ble with costs before any Justice of the Peace for the District, County or place in which the offence was committed, upon proof by confession or by the oath of any one credible witness, and may, if not forthwith paid, be levied by distress and sale of the goods and chattels of the offender, by warrant under the hand and seal of such Justice; And if sufficient distress cannot be Levying pefound, and such penalty be not forthwith paid, such Justice may, by warrant under his hand and seal, cause the party offending to be committed to the Common Gaol of the District or County, there to remain without bail or mainprize, for such time as such Justice may direct, not exceeding thirty days, unless such pen- Appropriation. alty and costs be sooner paid;-And such penalties shall belong to Her Majesty for the use of the Dominion; nalties. ber. 3. Provided always, in respect to tolls and dues on timber As to tolls and passing any slide, and to penalties for violating any regulation dues on timrespecting such slides, or for non-payment of such tolls and dues, that the same may be enforced, imposed and collected, by and before any Justice of the Peace within any District or County in Canada in which the timber respecting which such Goods on liable for tolls, &c. tolls or dues, or the person from whom such payment or penalty is demanded, happens to be at the time application is made to such Justice to enforce payment of the same. 62. The goods on board of any such steamboat, vessel, raft, board vessels crib or other craft. or the animal or animals attached to any carriage or vehicle, and the goods contained therein to whomsoever the same belong, shall be liable for any Tolls, Dues or Fines so imposed and levied,-and they or any of them may be seized, detained and sold in the same manner as the steamboat, vessel or other craft, carriage or vehicle, in which they are or to which they are attached, as if they belonged to the person contravening any such Regulation,-saving the recourse of the real owner thereof against such person who shall be deemed the owner for the purposes of this Act. Moneys from over to the Re 63. All tolls, dues or other revenues imposed and collected tolls to be paid on Public Works, shall be paid by the persons receiving the ceiver General, same to the Receiver-General of Canada, in such manner and at such intervals as may be appointed by him, but such intervals shall in no case exceed one month. Tolls on public roads may be let out to farm. Governor in use, 64. The Governor may order the Tolls at the several gates erected or to be erected on any public road or bridge vested in the Crown, or under the management of the Minister, to be let to farm under such regulations and by such form of lease as he thinks expedient and the lessee or farmer of such Tolls, or any person he may appoint, may demand and take such Tolls, and proceed for the recovery of the same in the name of such lessee or farmer, in case of non-payment or evasion thereof, in the same manner and by the same means as are given by law to any collector of Tolls or other persons authorized to collect the same. REGULATIONS FOR USE OF PUBLIC WORKS. 65. And for the due use and proper maintenance of all such Council may Public Works, and to advance the public good, the Governor make regulations for such may, by Order in Council, enact from time to time such Regulations as he may deem necessary for the management, proper use and protection of all or any of the Public Works, or for the ascertaining and collection of the Tolls, Dues and Revenues thereon. And impose fines for contravention. 66. The Governor may, by such Orders and Regulations, impose such Fines, not exceeding in any one case one hundred pounds, for any contravention or infraction of any such Order or Regulation, as he deems necessary for ensuring the observance of the same and the payment of the Tolls and Dues to be Or authorize imposed as aforesaid,—and may also by such Orders and Regusale of vessels lations provide for the non-passing or detention and seizure, at contravening the risk of the owner, of any steamboat, vessel or other craft, regulations. carriage, animal, timber or goods, on which Tolls or Dues have the seizure and |