(INCORPORATION).

62. No conviction, or warrant for enforcing the same, or any other Want of form not to invalidate process. process or proceeding under this Act, shall be held insufficient or invalid by reason of any variance between the information and the conviction, or by reason of any other defect in form or substance, provided it can be understool from such conviction, warrant, process, or proceeding that the same was made for an offence against some provisions of this Act, and provided there is evidence to prove such an offence, and that it can be understood from such conviction, warrant, or process that the appropriate penalty or punishment for such offence was intended to be thereby adjudged. Upon any application to quash any such conviction, or the warrant for enforcing the same, or other process or proceeding, whether in appeal or upon habeas corpus, or by way of certiorari, or otherwise, the Court or Judge to which such appeal is made, or to which such application has been made upon habeas corpus, or by way of certiorari, or otherwise, shall dispose of such appeal or application upon the merits, notwithstanding any such variance or defects as aforesaid; and in all cases where it appears that the merits have been tried, and that the conviction, warrant, process, or proceeding is sufficient and valid under this section, or otherwise, such conviction, warrant, process, or proceeding shall be affirmed, or shall not be quashed (as the case may be); and such Court or Judge may, in any case, amend the same if necessary, and any conviction, warrant, process, or proceeding so affirmed, or affirmed and amended, shall be enforced in the same manner as convictions affirmed on appeal, and the costs thereof shall be recoverable as if originally awarded.

63. This Act may be cited as the "Fraser River Dyking Act, 1891." Short title

VICTORIA, B. C.:

Printed by RICHARD WOLFENDEN, Printer to the Queen's Most Excellent Majesty

An Act to enable the Okanagan Land and Development Company, Limited Liability, to construct Telephone Lines and Tramways in the Towns of Enderby and Vernon.

WHEREAS

[20th April, 1891.]

HEREAS a Petition has been presented by the Okanagan Land Preamble. and Development Company, Limited Liability, a company duly incorporated under the "Companies Act, 1890," praying that the said Company may have granted to them the right to construct, equip, maintain, and operate water works and telegraph, telephone, and tramway lines, and for certain privileges in connection with the said undertakings:

And whereas it is expedient to grant the prayer of such petition:

Therefore, Her Majesty, by and with the consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1. The Okanagan Land and Development Company, Limited Incorporation Liability, hereinafter called "the Company," are hereby authorized and empowered to lay out, construct, operate, equip, and maintain a single or double iron tramway, with the necessary side tracks and turn outs for the passage of cars, carriages, and other vehicles adapted to the same, upon and along the streets, roads, highways, and bridges of the towns of Enderby and Vernon, or either of them; and to take, carry, and transport passengers and all classes and kinds of goods, wares, merchandises, articles, and things by any motive power the Company may deem expedient; and to erect, maintain, and construct all necessary works, poles, wires, rails, buildings, appliances, and conveniences in anywise connected with or to be used for the aforesaid purposes, or any of them: Provided, however, that when the said tramways shall pass over or along any road, highway, street, or bridge without a

Power to erect poles.

Rails to be flush with street.

Power to build water works.

Power to enter on land.

(INCORPORATION).

municipality, the same shall be laid under the supervision of the Chief Commissioner of Lands and Works, and if within a municipality, under the supervision of the Municipal Council, or their servants, who shall fix the location of the said tramways over or along the said roads, streets, highways, or bridges.

2. It shall be lawful for the Company to erect and maintain poles along any highway or bridge in the said towns and districts, and place wires thereon for the transmission and sale of electricity for lighting, power, telephone, telegraph, and other purposes.

3. The rails of any tramway constructed by the Company and the track shall be laid flush with the roadbed of any road, street, highway, or bridge, and shall conform to the grade thereof so as to afford the least possible impediment to traffic along the said roads, streets, highways, and bridges; and the Company shall keep in repair the portion of the roadbed of the said road, street, highway, or bridge lying between, and for eighteen inches on each side of the rails of the said track, and in default of compliance with the provisions of this section the Chief Commissioner of Lands and Works, or the authorities of the municipality, may cause the same to be done at the expense of the Company.

4. It shall be lawful for the Company, and it is hereby authorized and empowered to design, construct, build, maintain, manage operate, and conduct water works, and all buildings, machinery, and appliances connected therewith, in the said towns of Enderby and Vernon, and to direct so much of the waters of Coldstream, Deep Creek, and Long Lake, not already appropriated by other persons or companies, as may be necessary for the purposes aforesaid, and to conduct the water by ditches, flumes, and pipes to the said towns.

5. It shall be lawful, for the purposes of this Act, or any of them, for the Company, their servants, agents, and workmen, from time to time, and at all times hereafter, as they shall see fit, and they are hereby authorized and empowered to enter into and upon the land of any person or persons, bodies politic or corporate, in the said towns, and into and upon any land lying between the point of diversion of the waters of Coldstream, Deep Creek, and Long Lake, or either of them, and the said towns, and to survey, set out, and ascertain such parts thereof as they may require for the purposes of this Act, and to contract with the owners of the said lands, and those having an interest or right in the said waters, for the purchase of the same, respectively, or any part thereof, or of any other privilege that may be required for the purposes of the Company, and for the right to take timber, stone, gravel, sand, and other materials from the aforesaid land, or any adjacent land, for the use and construction of

(INCORPORATION).

said works; and in case of any disagreement between the Company and the owners and occupiers of the said land, or any persons having an interest in the said waters, or the natural flow thereof, or any such privilege or privileges, right or rights, as aforesaid, respecting the amount of purchase money, or the value thereof, or as to the damages such appropriations may cause to them, or otherwise, or as to the amount of damage arising through the construction of any dam, the same shall be decided by three arbitrators, to be appointed as hereinafter mentioned, namely: the Company shall appoint one, the owner or owners shall appoint another, and the two such arbitrators shall, within ten days after their appointment, appoint a third arbitrator; but in the event of such arbitrators not appointing a third arbitrator within the time aforesaid, one of the Judges of the Supreme Court of British Columbia shall, on application of either party, appoint such arbitrator. In case any such owner or occupant shall be an infant, or insane or absent from this Province, or shall refuse to appoint an arbitrator on his or her behalf, then it shall be the duty of one of the Judges of the Supreme Court of British Columbia, on application being made to him for that purpose by the Company, to nominate and appoint three disinterested persons as arbitrators. The arbitrators to be appointed as before mentioned shall award, determine, adjudge, and order the respective sums of money which the Company shall pay to the respective persons entitled to receive the same, and the award of the majority of the said arbitrators shall be final. And the said arbitrators shall be and they are hereby required to attend at some convenient place in either of said towns, to be appointed by the Company, after eight days' notice given for that purpose by the Company, then and there to arbitrate and award, adjudge and determine such matters and things as shall be submitted to their consideration by the parties interested; and each arbitrator shall be sworn before one of Her Majesty's Justices of the Peace, well and truly to assess the value or damages between the parties, to the best of his judgment:

Provided, always, that any award under this Act shall be subject to be set aside on application to the Supreme Court of British Columbia, in the same manner and on the same grounds as in ordinary cases of arbitration, in which case reference may be again made to the arbitration, as hereinbefore provided; and that any sum so awarded shall be paid within one month from the date of the award or determination of any motion to annul the same; and the award of a majority of the said arbitrators shall be binding on all parties concerned, subject as aforesaid: Provided, always, that until the Company have paid to the owner or proprietor the amount of the award, the Company shall not have any right to enter upon the premises for any purpose except for the purpose of survey.