other disinterested competent person from any township adjoining the township in which the lands are situate, who, together with one other person to be chosen by the persons so named before proceeding to business, or, in the event of their disagreeing as to the choice, with one other person to be appointed by the Judge as aforesaid before the others proceed to business, shall be arbitrators to award, determine, adjudge and order the respective sums of money which the company shall pay to the party entitled to receive the same, for the lands or damages as aforesaid, and the decision of a majority of the arbitrators shall be binding. R. S. O. 1877, c. 153, s. 45.

28. When demanded, the company shall pay or cause to be paid to the several parties entitled to the same, the amount so awarded. R. S. O. 1877, c. 153, s. 46.

Amount of

award to be paid on

demand.

the award to

29. A record of the award shall be made up and signed by A record of the arbitrators, or a majority of them, specifying the amount be drawn up awarded and the costs of arbitration, which may be settled by and registered. the arbitrators, or a majority of them; and the record shall be deposited in the registry office of the registry division in or along which the lands are situate, and the company may thereupon enter and take possession of the land to and for the uses of the company, and may proceed with the construction of the works affecting the same. R. S. O. 1877, c. 153, s. 47.

rence to be

30. The expenses of any arbitration under this Act shall Costs of refebe paid by the company, and by them be deducted from the paid by the amount of the award on payment thereof to the parties enti- company, etc. tled to receive the same, if the company, before the appointment of their arbitrator, had tendered an equal or greater sum than that awarded by the arbitrators, otherwise the expense shall be borne by the company, and the arbitrators shall specify in their award by which of the parties the said costs shall be paid. R. S. O. 1877, c. 153, s. 48.

taken to be

31. All lands taken by the company, for the purpose of When lands such work, and which have been purchased and paid for come the proby the company, in the manner herein before provided, shall perty of the become the property of the company, free from all mortgages, company. incumbrances and other charges. R. S. O. 1877, c. 153, s. 49.

ceed.

32. The arbitrators so appointed shall fix a convenient day How arbitrafor hearing the respective parties, and shall give eight days' tors to pronotice at least of the day and place; and having heard the parties or otherwise examined into the merits of the matter so brought before them, the said arbitrators or a majority of them shall, within thirty days of their appointment, make their award thereupon in writing, which award shall be final as to the amount in dispute. R. S. O. 1877, c. 153, s. 50.

If timber slides, etc.,

erected by

others be as

company, how

to be made.

33. In case there is already established by any party other than a company formed under this Act or some other Act of this Province, or some Act of the late Province of Canada, any slide, sumed by the pier, boom, or other work intended to facilitate the passage of compensation timber down any water, for the improvement of which a company is formed under this Act, such company may take possession of the works; and the owners thereof, or (if the works have been constructed on the property of the Crown) the persons at whose cost they have been constructed, may claim compensation for the value of the works either in money or in stock of the company, at the option of the owner or the person at whose cost the same was constructed, and may become shareholders in the company for an amount equal to the value of the works (such value to be ascertained by arbitrators appointed in the manner hereinbefore provided); and all the provisions of sections 27 to 31 of this Act shall apply to such work in the same manner and to the same extent as to lands acquired by such company. R. S. O. 1877, c. 153, s. 51.

Formalities

acquiring

existing

takes pos

34. In case such company purchases or to be observed session of the works as aforesaid, and does not make or conby company struct any other works than those so acquired, the company shall furnish the Commissioner of Public Works with the report in section 8 mentioned, but need not cause a copy to be be laid before the county council. R. S. O. 1877, c. 153, s. 52.

works.

Mill sites, etc.,

without the

owner.

35. Nothing herein contained shall authorize a company not to be taken formed under this Act to take possession of, or in anywise injure consent of the any mill site upon which there are existing mills or machinery, or hydraulic works other than those intended to facilitate the passage of timber; and no company formed under this Act shall commence any work which interferes with or endangers such occupied mill site, without the assent in writing of the proprietor thereof previously obtained, or an award of arbitrators appointed as herein provided, to the effect that the proposed works will not injure such mill site, which assent or award shall be registered in the same manner as the instrument of incorporation of such company. R. S. O. 1877, c. 153, s. 53.

Sections 15 & -16 of Rev. Stat. c. 118, to apply.

Navigable waters not to

be obstructed.

Tolls to be on timber only.

36. The provisions of sections 15 and 16 of The Act respecting Mills and Mill Dams shall extend to similar land overflowed by any of the works constructed by any company formed under this Act. R. S. O. 1877, c. 153, s. 54.

37. Nothing herein contained shall authorize a company formed under this Act to obstruct any waters already navigable, or to collect tolls other than those upon timber. R. S. O. 1877, c. 153, s. 55.

ties as to water

powers created

38. If by reason of a dam erected by a company formed Rights of parunder this Act, any fall or water power is created, the company shall in nowise have any title or claim to the use of such by the comwater power; nevertheless, if the owner or occupier of pany. the land adjoining has made a claim for compensation for damages arising from such dam, the arbitrators may take into account the increased value of his property by reason of the water power so created. R. S. O. 1877, c. 153, s. 56.

be calculated.

39. The tolls for the first year shall be calculated upon the Principle on estimates herein before required to be made of the cost of the which tolls to works, and the quantity of different kinds of timber expected to pass down the stream, and the tolls in all future years shall be calculated upon the cost of the works and the quantity of different kinds of timber expected to pass down the stream, and the receipts and expenditure, according to the accounts of the then next preceding year, as rendered in accordance with the provisions of section 20 and the following sections of this Act; and the tolls shall be so calculated that, after defraying the necessary cost of maintaining and superintending the works and running, driving, booming, towing, sorting, and rafting logs and other timber, and providing an equal annual sinking fund, which, invested at six per centum, shall be sufficient to pay back to the shareholders the amount of their paid-up stock at the end of the time limited for the existence of the company, and collecting the tolls, the balance of the receipts may as nearly as possible be equal and in no case exceed $10 for every $100 expended and invested in the said works, and if in any year the receipts from tolls are such, that, after defraying all the current expenses, there remains a clear profit of more than $10 upon every $100 of the capital expended, there shall nevertheless be divided amongst the shareholders no greater dividend than after the rate of $10 for every $100, and the remainder shall be carried over to the receipts of the following year unless a higher rate is authorized by the letters patent or by Order in Council. R, S. O. 1877, c. 153, s. 57; 44 V. c. 19, s. 21.

40. The tolls to be collected upon different kinds of timber Ratio of tolls. shall bear to each other the following proportions, viz. :

Staves per

M....

Sawed lumber per M., board measure

31

Firewood, shingle bolts, and other timber, per cord 0

R. S. O. 1877, c. 153, s. 58.

The annual

account to be rendered by

to contain a schedule of

tolls.

41. The annual account required to be rendered by every company shall contain a schedule of the tolls, calculated as the company aforesaid, which it is proposed to collect in the following year, and if it has not been notified to the president of the company, on or before the fifteenth day of March in each year, that the schedule of tolls has been disallowed by an order of the Commissioner of Public Works, the president of the company shall cause the said schedule of tolls to be published for the space of one month in some newspaper published within the county or counties, district or districts in which or nearest to which such works are situate, and such tolls so published shall be the lawful tolls for that year; but if it appears to the Commissioner of Public Works that the proposed schedule of tolls has not been calculated according to the true intent and meaning of this Act, the Commissioner may, by an instrument under his hand, alter or vary the schedule of tolls so as to make them correspond with the true meaning of this Act; and the amended schedule of tolls shall be notified to the president of the company, and shall, by him be published as aforesaid, and shall be the lawful tolls for that year. R. S. O. 1877, c. 153, s. 59.

Company may demand of owner state

tity of timber liable to toll.

42. Every company may demand from the owner of any timber intended to be passed through any portion of the ment of quan- Works of the company, or from the person in charge of the same, a written statement of the quantity of every kind of timber and of the destination of the same, and of the sections of the works through which it is intended to pass, and if no Penalty for written statement is given when required, or a false statement refusal or false is given, the whole of the timber, or such part of it as has been omitted by a false statement, shall be liable to double toll. R. S. O. 1877, c. 153, s. 60.

statement.

On what timber toll

may be taken.

43. Every company may demand and receive the lawful toll upon all timber which has come through or over any of the works of the company; and the company by its servants, Right of com- shall have free access to all such timber for the purpose of measuring or counting the same. R. S. O. 1877, c. 153, s. 61.

pany to

examine.

May sue for tolls.

If full toll tendered,

company

44. If the just tolls are not paid on demand, the company may sue for the same in any Court of competent jurisdiction, and recover from the owner of the timber the amount of the tolls and the costs of suit. R. S. O. 1877, c. 153, s. 62.

45. If the owner of the timber objects to the amount of tolls demanded, and tenders a sum which he claims to be the true liable to costs. and just amount of the tolls, the company shall pay the costs of the action, unless the judgment obtained is for a greater amount than the sum so tendered. R. S. O. 1877, c. 153, s. 63.

46. If timber has not come through or over the whole of the works of the company, but only through or over a part thereof, the owner of the timber shall only be liable to pay

tolls for such sections of the whole works as he has made use of, if in the schedule of tolls the work is divided into sections, and if not, then to pay such a portion of the whole toll as the distance the timber has come through the works, bears to the whole distance over which the works extend. R. S. O. 1877, c. 153, s. 64.

how timber

47. If the true owner of any timber which has passed When and through any of the works of the company cannot be ascer- may be seized tained, or if there are reasonable grounds to apprehend that the for tolls. tolls thereon have not been paid by the owner or reputed owner or person in charge, any mayor, reeve or Justice of the Peace having jurisdiction within the locality through or adjoining which such navigation extends, or where the timber may be found, if within twenty miles of any such works, shall, upon the oath of any director or servant of the company that the just tolls have not been paid, issue a warrant for the seizure of such timber, or so much thereof as will be sufficient to satisfy the tolls, which warrant shall be directed to any constable or any person sworn in as a special constable for that purpose, at the discretion of the magistrate, and shall authorize the person to whom it is directed, if the tolls are not paid within fourteen days from the date thereof, to sell the said timber, and out of the proceeds to pay to the company the just tolls, together with the costs of the warrant and sale, rendering the surplus on demand to the owner. R. S. O. 1877, c. 153, s. 65.

OFFENCES AND PENALTIES.

the company.

48. If any person resists or impedes any of the servants Impeding the of the company in the transmission of any timber through operations of any such works, or in carrying out any regulations of the company for the greater safety and regularity of such transmission, or resists any such servants who may require access to any raft or other timber to ascertain the just tolls thereon, or in any way molests the company or its servants in the exercise of any rights secured to them by this Act, such person shall, upon conviction thereof in a summary way before a Justice of the Peace having jurisdiction in the locality in or adjoining which the offence has been committed, be sentenced to pay a fine of not more than $10 nor less than $1, together with all costs, to be paid within a time to be limited by the justice, and in default to be levied as next hereinafter provided. R. S. O. 1877, c. 153, s. 66.

to proceed in

49. In any proceeding or prosecution before any Justice of How Justices the Peace under this Act, the justice may summon the party prosecutions complained against to appear at a time and place to be named underthis Act. in the summons, and if he does not appear accordingly, then, upon proof of the due service of the summons upon such party, either personally or by leaving a copy thereof at his usual place of abode, or with any adult person belonging to the raft to