map, &c., de- posited, the execution of the railway, or of the part thereof affected by the alterations, as the case may be, shall not be proceeded with:

posited.

Clerks of the Peace to retain copies of original plan, &c.

9. The Clerks of the Peace shall receive and retain the copies of the original plans and surveys, and copies of the plans and sections of alterations, and copies and extracts thereof respectively, and shall permit all persons interested to inspect any of the documents aforesaid, and to make Copies or ex- copies of and extracts from the same, under a penalty for each default of four dollars:

tracts;

Copies certified by Clerk to be good evidence in Courts.

Line not to

than a mile from Plan.

10. The copies of the maps, plans and Books of Reference, or of any alteration or correction thereof, or extracts therefrom, certified by the Clerk of the Peace, shall be received in all courts of justice or elsewhere as good evidence of the contents thereof, and the Clerk of the Peace shall give such certificate to all parties interested when required:

11. No deviation of more than one mile from the line of deviate more the railway or from the places assigned thereto in the said map or plan and Book of Reference, or plans or sections, shall be made 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:

As to errors

12 The railway may be carried across or upon the lands of any person on the line, or within the distance from such entered in a line as aforesaid, although the name of such person has not

in the name of a person

Book of Re

ference.

filed in the

Office.

been entered in the Book of Reference through error or any other cause, or though some other person is erroneously mentioned as the owner of or entitled to convey, or is interested in such lands:

Map, &c., of 13. A map and profile of the completed railway and of Railway to be the land taken or obtained for the use thereof, shall, Public Works Within six months after completion of the undertaking, be made and filed in the office of the Minister of Public Works, and like maps of the parts thereof, located in different districts and counties, shall be filed in the Registry Offices for the districts and counties in which such parts are respectively situate; and any company failing or neglecting to furnish such map within the said period, shall incur a penalty of two hundred dollars, and a like penalty for each and every month such failure or neglect shall continue, recoverable in Her Majesty's name in any court of competent jurisdiction:

On what scale

and paper to be drawn.

14. Every such map shall be drawn on such a scale, and on such paper, as may from time to time be designated for that

that purpose by the Minister of Public Works, and shall be certified and signed by the president or engineer of the corporation.

LANDS AND THEIR VALUATION.

taken without

9. The lands which may be taken without the consent of Extent of the proprietor thereof, shall not exceed thirty-three yards in lands to be breadth, except in places where the railway is raised more consent of than five feet higher, or cut more than five feet deeper than proprietor. the surface of the line, or where offsets are established, or where stations, depôts or fixtures are intended to be erected, or goods to be delivered, and then not more than two hundred and fifty yards in length by one hundred and fifty yards in Extra breadth for Stations, breadth, without the consent of the person authorized to &c. 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:

to be taken.

2. The extent of the public beach, or of the land Extent of covered with the waters of any river or lake in Canada, public beach taken for the railway, shall not exceed the quantity limited in the next preceding sub-section :

3. All corporations and persons whatever, tenants in tail Corporations, &c., may conor for life, grevés de substitution, guardians, curators, execuvey lands to tors, administrators, and all other trustees whatsoever, not Company. only for and on behalf of themselves, their heirs and successors, but also for and on behalf of those whom they represent, whether infants, issue unborn, lunatics, idiots, femescovert, or other persons, seized, possessed of, or interested in any lands, may contract, sell and convey unto the company all or any part thereof: Provided always, that in all cases Proviso: in which the parties herein before enumerated have no right order of judge requirin law to sell or convey the rights of property of said land, ed in certain it will be necessary for the said parties to obtain from a cases. 1879. competent judge, after due notice to parties interested, the right to sell the said land; and the said judge gill give such orders as may be necessary to secure the investment of the purchase money in such a manner as he will deem necessary, according to the law of the Province, to secure the interests of the owner of said land :

tain cases.

4. But the powers by the next preceding sub-section con- Limitation of ferred upon Rectors in possession of glebe lands in the Pro- powers in cervince of Ontario, ecclesiastical and other corporations, trustees of land for church or school purposes, or either, executors appointed by wills in which they are not invested

Effect of sale

under preceding sub-section.

Disposition of purchase money.

Effect of contracts made

before deposit

of map.

Corporations and others who cannot

with any power over the real estate of the testator, administrators of persons dying intestate but at their death seized of real estate, shall only extend and be exercised with respect to any of such lands actually required for the use and occupation of any railway company:

5. Any contract, agreement, sale, conveyance and assurance so made, under the two next preceding sub-sections, shall be valid and effectual in law to all intents and purposes whatsoever, and shall vest in the railway company receiving the same, the fee-simple in the lands in such deed described, freed and discharged from all trusts, restrictions and limitations whatsoever; and the corporation or person so conveying, is hereby indemnified for what it or he respectively does by virtue of, or in pursuance of this Act:

6. The company shall not be responsible for the disposition of any purchase-money for lands taken by them for their purposes, if paid to the owner of the land, or into court for his benefit, as hereinafter provided:

7. Any contract or agreement made by any party authorized 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 railway, shall be binding at the price agreed upon for the same lands, if they are afterwards so set out and ascertained within one year from the date of the contract or agreement, and although such land may, in the meantime, 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:

8. All corporations or persons who cannot in common course of law sell or alienate any lands so set out and ascersell in ordin- tained, shall agree upon a fixed annual rent as an equivalent, ary course of and not upon a principal sum, to be paid for the lands; and agree upon a if the amount of the rent is not fixed by voluntary agreement fixed rent. or compromise, it shall be fixed and all proceedings shall be regulated in the manner herein prescribed:

law, may

Lien for pay

rent.

9. For the payment of the said annual rent, and every other ment of such 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 agrees to leave unpaid, the railway and the tolls thereon shall be 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 district, county, or registration division:

month's no

the owner of

10. After one month from the deposit of the map or plan After one and Book of Reference, and from notice thereof in at least tice of deposit one newspaper, if there be any, published in each of the dis- of map, &c., tricts and counties through which the railway is intended application to to pass, application may be made to the owners of lands or lands. 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 railway; and thereupon agreements and contracts may be made with such 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 such compensation shall be ascertained, as may seem expedient to both parties; and in case of disagreement Arbitration in between them, or any of them, then all questions which arise between them shall be settled as follows, that is to say :

default of agreement.

11. The deposit of a map or plan and Book of Reference, Deposit of and the notice of such deposit, shall be deemed a general plan, &c., to be general notice to all the parties, of the lands which will be required notice. for the railway and works:

12. The notice served upon the party shall contain,

Notice to op

posite party; and what it

a. A description of the lands to be taken, or of the powers must contain. intended to be exercised with regard to any lands, describing them;

b. 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,

c. 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 the Province in which the lands are situated, 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, is required for the railway, or is 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 aforesaid:

13. If the opposite party is absent from the district or If the oppocounty in which the lands lie, or is unknown, then, upon absent or un, site party be application to the Judge of the Superior Court for the dis- known:

VOL I-4

triet,

P.E.I.

application to trict, if it be in the Province of Quebec, or to the Judge of Judge, the County Court for the County, if it be in either of the Provinces of Ontario or New Brunswick, or to a Judge of Sees 101 as the Supreme Court if it be in the Province of Nova Scotia, 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 month in some newspaper published in the district or county; or if there be no newspaper published therein, then in a newspaper published in some adjacent district or county:

If the County

erested.

14. Whenever any County Judge is interested in any Judge be in- lands taken or required by the company within the county in which he is such judge, any judge of any of the superior courts in the Province in which the lands are, shall, on the application of the company, exercise in such cases all the powers given by this section to the County Judge in cases in which he is not interested :

Party not 15. If within ten days after the service of such notice, or accepting the within one month after the first publication thereof, the Company's fer, and not opposite party does not notify to the company his acceptappointing an ance of the sum offered by them, or notify to them the name

Arbitrator.

Appointment

by opposite

Arbitrator.

of a person whom he appoints as arbitrator, then the judge shall, on the application of the company, appoint a sworn Surveyor, for the Province, as the case may be, to be sole Arbitrator for determining the compensation to be paid as aforesaid :

16. If the opposite party within the time aforesaid, notifies Arbitrator to the company the name of his arbitrator, then the two arty: third arbitrators shall jointly appoint a third, or if they cannot agree upon a third, then the Minister of Public Works shall, on the application of the party or of the company (previous notice of at least two clear days having been given to the other party,) appoint one of the Official Arbitrators to be a third arbitrator:

trators.

Baties of Ar- 17. The arbitrators or two of them, or the sole arbitrator, being sworn before some Justice of the Peace for the district or county in which the lands lie, 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 award of two of them, deem best; and the award of such arbitrators, or any two of them, or of the sole arbitrator, shall be final and conclusive; but 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 has had at least

bobe suffi

two