CHAP. 99. and profiles, and copies of the maps or plans and profiles of alterations, and extracts thereof respectively, and shall permit all persons interested to inspect any of the documents aforesaid, and to make copies of and extracts from the same; and every registrar of deeds who refuses so to do is liable, on summary conviction, for each offence to a penalty of four dollars. R. S., c. 53, s. 8, (9). R. A., s. 132.

Copies certified by registrars to be evidence.

Map of the completed railway to be filed with Commissioner.

Penalty for neglect.

Scale and paper.

Conveyance to the company.

Order of judge equired in certain cases.

127. The copies of the maps or plans and books of reference and profiles, or of any alterations or corrections thereof, or extracts therefrom, certified by the registrar of deeds, shall be received in all courts of justice and elsewhere as evidence of the contents thereof, and the registrar of deeds shall, when required so to do, give such certificate to any person interested. R. S., c. 53, s. 8, (10). R. A., s. 133.

128.

A map or plan and profile of the completed railway and of the land taken or obtained for the use thereof, shall, within six months after completion of the undertaking, be made and filed with the Provincial Engineer, and maps or plans of the parts thereof, located in different districts and counties, shall be filed in the registry offices for the registration districts in which such parts are respectively situated; and every company which fails or neglects to file such maps. or plans and profiles at the department or to file such maps or plans in such registry offices within the said period, shall incur a penalty of two hundred dollars, and a like penalty for each and every month during which such failure or neglect continues. R. S., c. 53, s. 8, (13). R. A., s. 134.

129. Every map or plan and profile shall be drawn on such a scale and on such paper as are, from time to time, designated for that purpose by the Commissioner or Provincial Engineer, and shall be certified and signed by the president or engineer of the company. R. S., c. 53, s. 8, (14). R. A., s. 135.

LANDS AND THEIR VALUATION.

130. All tenants for life, guardians, curators, executors, administrators, trustees, and all persons whomsoever, not 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, femes-covert, or orther persons, seized, possessed of, ΟΙ interested in any lands, may contract and sell and convey to the company all or any part thereof. all or any part thereof. R. S., c. 53, s 9 (3).

R. A., s. 136.

131. In all cases in which such persons have no right in law to sell or convey the rights of property in the said

land, such persons shall obtain, from a judge, after due CHAP. 99. notice to the persons interested, the right to sell the said land; and the said judge shall give such orders as are · necessary to secure the investment of the purchase money in such a manner as he deems necessary, to secure the interests of the owner of the said land. R. S., c. 53, s. 9, (3). R. A., s. 137.

cases.

132. The powers by this Chapter conferred upon ecclesi- Limitation of astical and other corporations, trustees of land for church or powers in certain school purposes, executors appointed by wills under which they are not invested with any power over the real property of the testator, administrators of persons dying intestate, but at their death seized of real property, shall only extend and be exercised with respect to any of such lands actually required for the use and occupation of a company. R. S., c. 53, s. 9, (4). R. A., s. 138.

ing sections.

133. Any contract, agreement, sale, conveyance and Effect of sale assurance so made under this Chapter shall be valid and under precedeffectual in law, to all intents and purposes whatsoever, and shall vest in the 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 person so conveying is hereby indemnified for what he indemnified. does by virtue of or in pursuance of this Chapter. R. S., c. 53, s. 9, (5). R. A., s. 139.

Seller

money.

134. The company shall not be responsible for the dis- Responsibility as position of any purchase money for lands taken by it for its to purchase purposes, if paid to the owner of the land or into court for his benefit. R. A., c. 53, s. 9, (6). R. A., s. 140.

before deposit of

135. Any contract or agreement made by any person Effect of conauthorized by this Chapter to convey lands, and made before tracts made the deposit of the map or plan and book of reference, and map, &c. 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 has, in the meantime, become the property of a third person; 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. R. S., c. 53, s. 9, (7). R. A., s. 141.

be agreed upon

136. All persons who cannot, in common course of law, Fixed rent may sell or alienate any lands so set out and ascertained, shall in certain cases. agree upon a fixed annual rent as an equivalent, and not upon a principal sum, to be paid for the lands; and if the

CHAP. 99. amount of the rent is not fixed by voluntary agreement, or compromise, it shall be fixed and all proceedings shall be regulated in the manner by this Chapter prescribed. K. S., c. 53, s. 9, (8). R. A., s. 142.

Lien for the

137. For the payment of such annual rent and every payment thereof. 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 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, except as to the charges created to secure any bond, debenture or security given by the company, the deed creating such charge and liability being duly registered in the registry office of the proper registration district. R. S., c. 53, s. 9, (9). R. A., s. 143.

After ten days from deposit, application to

owner.

Arbitration in default of agreement.

Deposit to be general notice.

Notice to the party and what it shall contain.

138. After the expiration of ten days from the deposit of the map or plan or book of reference in the office of the registrar of deeds, and after notice thereof has been given in at least one newspaper, if there is any, published in each of the counties through which the railway is intended to pass, application may be made to the owners of lands, or to persons 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 persons, 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 seems expedient to both parties; and in case of disagreement between them, or any of them, all questions which arise between them shall be settled as in this Chapter provided. R. S., c. 53, s. 9, (10). R. A., s. 144.

139. The deposit of a map or plan and book of reference, and the notice of such deposit, shall be deemed a general notice to all the parties, of the lands which will be required for the railway and works; and the date of such deposit, shall be the date with reference to which such compensation or damages shall be ascertained. R. S., c. 53, s. 9, (11). R. A., s. 145.

140. The notice served upon the party shall contain,(a.) A description of the lands to be taken, or of the powers intended to be exercised with regard to any lands, and describing the lands;

(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;

(c) The name of a person to be appointed as the CHAP. 99. arbitrator of the company, if its offer is not accepted.

R. S., c. 53, s. 9, (12). R. A., s. 146.

what it shall

141. Such notice shall be accompanied by the certificate Certificate of of a sworn surveyor, who is a disinterested person and is surveyor and not the arbitrator named in the notice, which certificate state. shall state,

(a.) That the land, if the notice relates to the taking of land shown on the said map or plan, is required for the railway, or is within the limits of deviation by this Chapter allowed;

(b.) That he knows the land, or the amount of damage likely to arise from the exercise of the powers; and(c.) That the sum so offered is, in his opinion, a fair compensation for the land and damage aforesaid. R. S., c. 53, s. 9, (12). R. A., s. 147.

advertisement.

142. If the opposite party is absent from the county Application for in which the lands lie, or is unknown, an application for service by service by advertisement may be made to a judge. R. S., c. 53, s. 9, (13). R. A., s. 148.

accompany

143. The application for service by advertisement shall certificate and be accompanied by such certificate as aforesaid, and by an affidavit to affidavit of some officer of the company that the opposite application. party is so absent, or that, after diligent inquiry, the person on whom the notice ought to be served cannot be ascertained; and the judge shall order a notice as aforesaid, but Notice. without such certificate, to be inserted three times in the course of one month, in a newspaper published in the county, or if there is no newspaper published therein then in a newspaper circulating in such county. R. S., c. 53, s. 9, (13). R. A., s. 149.

not appointing

144. If, within ten days after the service of such Party not acnotice, or within one month after the first publication cepting offer and thereof, the opposite party does not give notice to the arbitrator. company that he accepts the sum offered by it, or does not give notice to it of the name of a person whom he appoints as arbitrator, the judge shall, on the application of the company, appoint a person to be sole arbitrator for determining the compensation to be paid as aforesaid. R. S., c. 53, s. 9, (14). R. A., s. 150.

arbitrator by

145. If the opposite party, within the time aforesaid, Appointment of gives notice to the company of the name of his arbitrator, art and of then the two arbitrators shall jointly appoint a third, or if third arbitrator. they cannot agree upon a third, the judge shall, on the application of the party or the company, after notice of at least six clear days having been given to the other party, appoint a third arbitrator. R. S., c. 53, s. 9, (15). R. A., s. 151.

sworn.

Their duties.

CHAP. 99. 146. The arbitrators, or the sole arbitrator, as the Arbitrators to be case may be, shall be sworn before a justice of the peace for the county in which the lands lie, faithfully and impartially to perform the duties of their or his office, and shall proceed to ascertain such compensation in such way as they or he or a majority of them, deems best; and the award of such arbitrators, or of any two of them, or of the sole arbitrator, shall be final and conclusive except as in this Chapter provided; but no such award shall be made nor 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 two clear days' notice, or to which some meeting at which the third arbitrator was present had been adjourned; and no notice to either of the parties shall be necessary, but each party shall be held sufficiently notified through the arbitrator appointed by him or whose appointment he required. R. S., c. 53, s. 9. (17). R. A., s. 152.

Increased value of remaining lands to be considered.

Costs, by whom payable.

Witnesses.

Evidence.

147. The arbitrators, in deciding on such value or compensation, shall take into consideration the increased value that will be given to any lands through or over which the railway will pass, by reason of the passage of the railway through or over the same, or by reason of the construction of the railway, and shall set off the increased value that will attach to the said lands or grounds, against the inconvenience, loss or damage that might be suffered or sustained by reason of the company taking possession of or using the said lands as aforesaid. R. S., c. 53, s. 9, (18). R. A., s. 153.

148. If by an award of arbitrators made under this Chapter the sum awarded exceeds the sum offered by the company, the costs of the arbitration shall be borne by the company; but if otherwise, they shall be borne by the opposite party, and be deducted from the compensation; and in either case the amount of such costs, if not agreed upon, may be taxed by the taxing authority. R. S., c. 53, s. 9, (16). R. A., s. 154.

149.-(1.) The arbitrators, or a majority of them, or the sole arbitrator, shall examine on oath on oath or solemn affirmation the parties, or such witnesses as appear before them or him, and shall administer such oath or affirmation.

(2.) The arbitrators shall take down in writing the evidence brought before them, unless either party requires that it be taken by means of stenography; in which case a stenographer shall be named by the arbitrators, unless the parties agree upon one, and shall be sworn before the arbitrators, or before any one of them, before entering upon Stenographer's his duties; and the expense of such stenographer, it not determined by agreement between the parties, shall be taxed, and shall, in any case, form part of the costs

charges.