An Act to extend the Acts for the formation of Companies for constructing Roads and other Works, to Companies formed for the purpose of acquiring Public Works of like nature. WH [24th July, 1850.] Act 12 Vic. cap. 56, and 12 Vic. cap 81, formed for purchasing public works under 13 extended to companies Vic. cap. 5. HEREAS it is expedient to extend the benefit of the Acts hereinafter Preamble. mentioned, to Companies to be formed for the purpose of acquiring and holding Public Works, or property under the provisions of the Act authorizing the transfer of such works or property to any such Company or to other parties therein designated: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That, subject to the provisions of this Act, the Act passed in the twelfth year of Her Majesty's Reign, and intituled, An Act to authorize the formation of Joint Stock Companies for the construction of Roads and other Works in Upper Canada, and of the Act passed in the year last aforesaid and intituled, An Act to authorize the formation of Joint Stock Companies in Lower Canada, for the construction of macadamized Roads, and of Bridges and other Works of like nature, shall be and are hereby extended and shall apply to any Company to be formed for the purpose of acquiring for ever or for any term of years, any of the Public Roads, Harbours, Bridges or Public Buildings which may be lawfully transferred to any such Company under the Act passed in the year last aforesaid and intituled, An Act for the better management of the Public Debt, Accounts, Revenue and Property, or for the purpose of so acquiring and of improving or extending (or both) any such Public Work, as fully and effectually as if such purpose were expressly enumerated in the said Acts firstly and secondly mentioned respectively, among the purposes for which Companies may be formed under the same, the form of the instrument of association given in the schedules to the said Acts respectively, being varied so as to express that the Company is formed under one of the said Acts as amended by this Act, and for what purpose it is so formed: Provided always, that notwithstanding any thing in either of the said Acts, no Company to be formed under this Act for the purpose of acquiring any such Public Work as aforesaid (whether with or without the intention of extending the same) shall be liable to be opposed or prevented from acquiring such work or from using and working the same, by any Municipal Council or other party, nor shall the Company be bound to make any report respecting such work to any Municipal authority, nor shall such Municipal authority or the Crown have the right of taking such work at the end of any term of years, but the provisions of the said Acts respectively, as to such opposition and prevention, or to such report, or to the taking of the works and property of the Company by any Municipal authority or by the Crown, shall apply only to the extension of the same beyond the local limits of the work when transferred to the Company; nor shall any of the provisions of the said Acts which shall be inconsistent with any lawful provision or condition in any Order in Council legally made under the Act thirdly mentioned, or with the rights transferred by the same, apply to the Company to which such Order in Council shall relate; but nothing herein contained shall be construed to prevent the reservation in any such Order of the power of taking any such work with or without any such extension, and by the Crown or any Municipal authority, on the terms and conditions therein to be expressed. Provided always that the thirty-fifth section of the Act first above cited, and thirty-seventh section of the Act secondly above cited shall respectively apply to Roads, Bridges and other Works transferred to any Company and to the Company to whom the same shall have been transferred in relation to such Roads, Bridges and Works. 150 * II. Proviso: such companies not liable to the said Acts. certain provisions of Proviso: certain sections of the said Acts to apply. What shall be the II. And be it enacted, That the Tolls to be taken by any Company to be formed for maximum Tolls to be the purposes aforesaid, on any such Public Work as aforesaid, not being a Road, shall taken by any such company. 12 Vic. cap. 4. not be regulated by the provisions of the Acts firstly and secondly mentioned, respectively, but the maximum Tolls to be levied on such work by the Company shall be the maximum Tolls which can be lawfully levied on such work under the Act passed in the year last aforesaid and intituled, An Act to make better provision with regard to the Tolls to be levied on the Public Provincial Works, and for other purposes relative to the said Works, unless some lower maximum be fixed (as it may be) by Order in Council transferring the work to the Company or by some further order amending the same, made with the consent of the Company, and the Tolls to be levied on any Road, or on any extension of such other Public Work shall alone be regulated by the Acts firstly and secondly mentioned respectively in the absence of any special Proviso: as to exemp- provision for lower rates in the Order in Council as aforesaid: Provided always, that no exemption from Toll on any Road or other Public Work so transferred as aforesaid or on any extension thereof, shall be valid against any Company to be formed under this Act, except such only as can be validly claimed under the Act firstly or secondly mentioned (as the case may be) on works constructed under the authority thereof, unless such exemption from Toll be stipulated (as the case may be) in the Order in Council transferring such Public Work to the Company. tions from Toll. Provision in favor of parties residing within n certain distance of the limits of any City or incorporated Town. Order in Council transferring any public work may extend to certain matters. Proviso: certain &c. III. And be it enacted, That it shall always be lawful for any party residing on the line of any Road transferred to any Company or Municipal Corporation under the provisions of this Act and of the Acts therein cited, and within half a mile of the limits of any City or Incorporated Town, to commute with such Company or Municipal Corporation for a certain sum per month to be paid by such party to the Company or Corporation for passing and re-passing through the Toll-gate between the residence of such party and the limits of such City or Town, and in default of agreement such commutation may be fixed by arbitration, each party appointing one arbitrator, and the two arbitrators a third, and the decision of any two of such arbitrators being final, and in default of commutation either by agreement of award of arbitration, such Company or Municipal Corporation shall be entitled to charge such party or his servants and others passing such gate with his carriages or vehicles, horses or cattle, such Tolls only as shall bear the same proportion to the Tolls per mile then charged by the Company or Municipal Corporation to other parties as the distance between the limits of the said City or Town and the residence of the party first aforesaid shall bear to one mile. IV. And for avoiding doubts, Be it enacted, That the provisions and conditions of any Order in Council made under the Act thirdly above mentioned, may extend to the mode of adjusting and determining any difference which may arise between the Crown and any Company or Municipal Corporation 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 Company or Corporation 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 that no enactment to be 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 Company or Municipal Corporation to which it shall relate: 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 as aforesaid. V. Provided always, and be it enacted, firstly, That no Road, Bridge or Public powers to be reserved, Work shall be transferred to any Company without the reservation of power on the part of the Government to resume the same at any time after the expiration of a period which shall not exceed ten years, on conditions to be embodied in the order in Council transferring it and no such Road, Bridge or Public Work shall be leased to any Company Company for a longer period than ten years: Provided always, secondly, That no Road, Bridge or Public Work shall be sold or leased to any Company unless security, real or personal, shall have been given to the satisfaction of the Governor in Council, for an amount equal to ten per centum of the actual value of such Road, Bridge or Public Work in case of sale, or on the estimated value of such Work in case of lease, and such security shall be forfeited to the Crown in case of non-compliance with the conditions of such sale or lease: Provided always, thirdly, That in every instance one of the conditions of the sale or lease of any Road, Bridge or Public Work shall be, that such Work 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 Commissioners of Public Works in this Province. CA P. XV. An Act to make better provision with regard to the repairing of Roads within the limits of incorporated Cities and Towns, and of Roads and Bridges which having been under the control of the Commissioners of Public Works may hereafter be released from such control. [ 10th August, 1850. ] Roads, &c., in Cities the Corporation, who shall keep them in or Towns vested in repair. HEREAS it is expedient to remove all doubt on certain points with regard to Preamble. the Roads and Highways within the limits of the several Cities and incorporated Towns in this Province: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That the right to use as Public Highway all Roads, Streets and Public Highways within the limits of any City or Incorporated Town in this Province, (except in so far as the right of property or other right in the Land occupied by the same Highways may have been expressly reserved by some private party when it was first used as such Road, Street or Highway, and except as to any Concession Road or Side Road within any such City or Town where the persons now in possession or those under whom they claim may have laid out Streets in such City or Town without any compensation therefor in lieu of such Concession or Side Road,) shall be vested in the Municipal Corporation of such City or Incorporated Town, and such Roads, Streets and Highways shall be maintained and kept in proper repair so long as they shall remain open as such, by and at the cost of such Corporation whether they were originally opened and made by such Corporation, or by the Government of this Province, or of either of the late Provinces of Upper or Lower Canada, or by any other authority or party; and if the Municipal Corporation of any such City or Liability for failure to Incorporated Town shall fail to keep in repair any such Road, Street or Highway keep in repair. within the limits thereof, such default shall be a misdemeanor for which such Corporation shall be punished by fine in the discretion of the Court before whom the conviction shall be had; and such Corporation shall be also civilly responsible for all damages which may be sustained by any party by reason of such default, provided the action for the recovery of such damages be brought within three months after the same shall have been sustained, but not otherwise. II. And be it enacted, That any Public Road or Bridge made, built or repaired at How Roads and the expense of the Province and now under the management and control of the Com- Bridges made by the Province, shall be missioners of Public Works may by Proclamation of the Governor issued by and with kept in repair, if rethe advice and consent of the Executive Council, be declared to be no longer under leased from the control the of Public Works. 12 V. c. 4. of the Commissioners the management and control of the said Commissioners, and upon, from and after a day to be named in such Proclamation, such Road or Bridge shall cease to be under the management and control of the said Commissioners, and no Tolls shall thereafter be levied thereon under the authority of the Act passed in the twelfth year of Her Majesty's Reign, and intituled, An Act to make better provision with regard to the Tolls to be levied on the Public Provincial Works and for other purposes relative to the said Works, but such Road or Bridge shall be under the control of the Municipal Authorities of the locality and of the Road Officers thereof, in like manner with other Public Roads and Bridges therein, and shall be maintained and kept in repair under the same provisions of law, which are hereby declared to extend and shall apply to such Road or Bridge: Provided always, and be it declared and enacted, that the Bridge over the River Don, on the Kingston Road, at the east end of the City of Toronto, and the said Kingston Road east of the said River shall not be held to be within the said City or the Liberties thereof, or be under the control of the Corporation thereof, but shall remain under the control of the Commissioners of Public Works, or of any party to` whom they may be transferred by order of the Governor in Council. Proviso as to the Preamble. Vic. cap. 66. WE HEREAS it is desirable to call in all Land Scrip heretofore issued, or that may hereafter be issued, at as early a day as may be consistent with justice to the parties holding the same: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That no Land Scrip heretofore issued, or that may hereafter be issued, under the authority of any Act, Ordinance or Law in force in this Province, shall be redeemable by the Provincial Government, or receivable in payment upon sales, or for deferred payments of instalments or other dues of or upon Public Lands, or otherwise, unless the same be presented and offered in payment at the office of the Commissioner of Crown Lands, or at the office of one of his Agents, within one year from the passing of this Act; and all such Scrip which shall not be presented and offered in payment within the period aforesaid, shall be null and void: any Act, Ordinance or Law to the contrary notwithstanding. CAP. XVII. An Act to provide for the transfer of the management of the Inland Posts to the Provincial Government, and for the regulation of the said Department. WH [10th August, 1850.] THEREAS by the Act of the Parliament of the United Kingdom, passed in the Session held in the twelfth and thirteenth years of Her Majesty's Reign, and Imperial Act, 12 & 13 intituled, An Act for enabling Colonial Legislatures to establish Inland Posts, the Legislatures or proper legislative authorities of Her Majesty's Colonies are empowered, by Acts, Laws or Ordinances, to be from time to time for that purpose made and enacted, in the manner and subject to the conditions of law required in respect of Acts, Laws or Ordinances of such Legislatures or legislative authorities, to make such provisions as such legislatures or legislative authorities may think fit, for and concerning the establishment, maintenance and regulation of Posts or Post Communications within such this Act. such Colonies respectively, and for charging rates of postage for the conveyance of . letters, packets, newspapers and other printed papers, by such Posts or Post Communications, and for appropriating the Revenue to be derived therefrom, provided that where in any Colony Her Majesty's Post Master General shall have established any Post or Post Communication, and his powers and privileges in relation to such Post or Post Communication shall not have determined under the said Act, no such Act, Law or Ordinance as aforesaid, shall take effect unless assented to by Her Majesty, with the advice of Her Privy Council, nor until the time when such assent shall be proclaimed in the Colony, or such subsequent time as in the order of Her Majesty in Council, by which the assent to such Act, Law or Ordinance may be signified, shall be fixed in that behalf: And whereas it is expedient that a uniform and cheap rate of postage should be established throughout the several Colonies of British North America, and with a view to the establishment thereof, the Local Governments of the said Colonies have agreed upon certain conditions hereinafter mentioned and forming part of the provisions of this Act, and it is therefore expedient to exercise the powers so vested as aforesaid in the Legislature of this Province: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That this Act shall come into force Commencement of at and from the time when the assent of Her Majesty thereto with the advice of Her Privy Council shall be proclaimed in this Province, or at such subsequent time as in the order of Her Majesty in Council by which the assent to this Act may be signified, shall be fixed in that behalf, and not before; and that at, from and after the time so fixed, the Act passed in the twelfth year of Her Majesty's Reign, and intituled, An Act 12 Vic. c. 34. to make provision for the management of the Post Office Department whenever it shall be transferred to the Provincial Government, shall be repealed, and all other Acts or parts of Acts or provisions of Law relative to matters subject to the control and jurisdiction of the Provincial Legislature, and with regard to which provision is made by this Act, shall cease to be in force in this Province, except in so far as may be otherwise hereinafter provided; and excepting in so far as regards any postage, duty or sum of money due before the said repeal shall take effect, or any engagement contracted, penalty incurred, or offence committed before that time, which shall and may be received, collected, enforced, recovered and punished, under such Acts, parts of Acts and provisions of Law and as to which they shall remain in full force and effect: Provided always, that nothing in this Act shall be construed as intended to derogate from or impair the effect of any Act of the Parliament of the United Kingdom, or of any regulation or order made under such Act, or to affect the privileges, powers or authorities of Her Majesty's Post Master General, his Deputies, Servants or Agents, or of the Commissioners of Her Majesty's Treasury, otherwise than as respects the Posts or Post communications within this Province, and the rates of Postage to be charged for the conveyance of letters and other things by Post within the same: and provided also, that any Proviso. Commission, appointment or regulation made before this Act shall be in force, but limited to take effect only at some time after it shall be in force, shall at and after the time so limited be as valid and have the same effect as if made after the coming into force of this Act. Proviso. Il. And be it enacted, That the Inland Posts and Post Communications in this Transfer of Inland Province shall, so far as may be consistent with the Acts of the Parliament of the Posts, &c. United Kingdom in force in this Province, be exclusively under Provincial management and control; the Revenue arising from the duties of postage and other dues receivable by the Officers employed in managing such Posts and Post Communications shall form part of the Provincial Revenue, unless such moneys belong of right to the United Kingdom or to some other Colony, or to some Foreign State; and the expenses of management |