or accident, or be caught therein, the said Corporation shall protect such joints or rafts, and be entitled to receive therefor at and after the rate of four pence per ton for each and every ton of such timber, and nine pence per thousand superficial feet for every thousand superficial feet of logs, masts, spars, or other lumber, provided that the Corporation shall not be entitled to receive for any such rafts or joints a larger sum than three pounds. 3. Notwithstanding the provisions of the third Section of the Act made and passed in the eighth year of Her Majesty's Reign, intituled An Act to amend the Act to incorporate the Fredericton Boom Company, the said Corporation shall not be liable to pay to the owner or owners of any timber, masts, spars, logs, or other lumber that may be found below the Company's Booms after the thirty first day of August in any year, the value thereof, in any case where the owner or owners of such timber, masts, spars, logs, or other lumber shall have picked up, collected together, and rafted ut any place above the Company's Booms, any portion of the timber, masts, spars, logs, or other lumber of which such owner or owners shall have furnished the Corporation with the marks thereof. 4. The said Corporation shall make, allow, and pay reasonable and proper compensation and satisfaction for all lands, tenements, and hereditaments taken, used, occupied, altered, damaged, or spoiled by means of and for the uses and purposes of the said Corporation, and shall pay to the owner or owners of any lands, tenements, or hereditaments they may require for the purposes of the said Corporation, a reasonable and proper compensation and satisfaction therefor, to be agreed upon by the said Corporation and the respective owners and occupiers of such lands, tenements, and hereditaments; and in case of disagreement between the said Corporation and the said owners or occupiers, or any of them, then such compensation and satisfaction shall be determined by three arbitrators, one to be chosen by the said Corporation, and one by the owner or owners, occupier or occupiers of the private property in question; which two arbitrators so chosen, shall choose the third arbitrator; and in case of their not agreeing in such choice within ten days after their appointment, then and in such case it shall and may be lawful for the Lieutenant Gov ernor or Administrator of the Government for the time being, upon application of the said Corporation, to appoint the third arbitrator; the award of the said arbitrators, or any two of them, shall be final and conclusive in the matters referred to them; and in case any of the said owners or occupiers of such private property shall decline making any such agreement, or appointing such arbitrator, then and in every such case, the said Corporation shall make application to the Supreme Court of this Province, stating the grounds of such application, and such Court is hereby empowered and required from time to time upon such application, to issue a writ or warrant directed to the Sheriff of the County of either York or Sunbury, according to the situation of the lands, tenements, or hereditaments, or in case of his being a party interested, then to the Coroner of the said County, and in case of the said Sheriff and Coroner being both interested, then to some person or persons who may be disinterested, commanding such Sheriff, Coroner, person or persons as the case may be, to summon and empanel a jury of three freeholders within the said County, who may be altogether disinterested; which jury, upon their oaths, (all which oaths, as well as the oaths to be taken by any person or persons who shall be called upon to give evidence in the matter, the Sheriff, Coroner, or person or persons summoning such jury, is hereby empowered to administer) shall inquire, ascertain, and assess the distinct sum or sums of money, or annual rent to be paid as the amount of compensation and satisfaction for the damages that may and shall be sustained by such owner or owners, occupier or occupiers of such private property as aforesaid; and the inquisition, award, or verdict of such jury shall be returned and filed in the office of the Clerk of the Pleas in the said Supreme Court, and shall be final and conclusive between the parties; which amount so assessed as aforesaid, and the costs and expenses of such proceeding to be taxed and allowed by the said Supreme Court, shall be borne by the said Corporation, and shall be by them paid within thirty days after the said inquisition, award, or verdict shall be filed as aforesaid. 5. If any persón or persons shall wilfully and maliciously, and to the prejudice of the said Corporation, cut, break, damage, throw down, or destroy any of the Company's Booms or works erected or made by virtue of this Act, any such person shall be adjudged guilty of a misdemeanor, and every such person so offending, and being thereof lawfully convicted, shall be liable to the punishment prescribed for a misdemeanor by any law in force at the time of the commission of the offence. 6. The sixteenth Section of an Act made and passed in the seventh year of the Reign of Her Majesty Queen Victoria, intituled An Act to incorporate the Fredericton Boom Company, be and the same is hereby repealed. 7. Repealed by 18 V. c. 14, s. 3. 8. This Act, together with an Act made and passed in the seventh year of the Reign of Her Majesty Queen Victoria, intituled An Act to incorporate the Fredericton Boom Company, and also another Act made and passed in the eighth year of the same Reign, intituled An Act to amend the Act to incorporate the Fredericton Boom Company, except such parts of the said recited Acts as are repealed by this Act, be and the same are severally continued until the first day of May which will be in the year of our Lord one thousand eight hundred and sixty. 11th VICTORIA-CHAPTER 51. An Act to continue and amend the Act to incorporate the Arestook Boom Company. Bection. 1. Boom, how long to be kept open. Section. 2. Continuance of Acts. Passed 30th March 1848. WHEREAS an Act made and passed in the seventh year of the Reign of Her present Majesty Queen Victoria, intituled An Act to incorporate the Ares took Boom Company, and another Act intituled An Act to continue and amend the Act to incorporate the Arestook Boom Company, require to be amended; Be it therefore enacted, &c.-1. From and after the passing of this Act, notwithstanding any thing contained in either of the said recited Acts, the said Corporation shall and they are hereby required to keep the Boom erected by the said Company open during each and every year, from and after the first day of October in each and every year, under the penalty of one hundred pounds for each and every day the said Boom shall be kept closed after the said first day of October in each and every year. 2. The said Act made and passed in the said seventh year of the Reign of Her said present Majesty Queen Victoria, intituled An Act to incorporate the Arestook Boom Company, and also the said other Act made and passed in the eighth year of the Reign of Her said present Majesty Queen Victoria, intituled An Act to continue and amend the Act to incorporate the Arestook Boom Company, be and the same are hereby severally continued until the first day of August which will be in the year of our Lord one thousand eight hundred and fifty five. 11th VICTORIA-CHAPTER 52. An Act to amend the Act to incorporate the Nashwaak Boom Company. Section. 1. Boomage, payment of, how enforced. 2. Remuneration for rafting, &c. Section. 3. Booms, how long kept open. Passed 30th March 1848. WHEREAS it is expedient to amend the Act made and passed in the eighth year of the Reign of Her Majesty Queen Victoria, intituled An Act to incorporate the Nashwaak Boom Company, in several respects; Be it therefore enacted, &c.-1. If the owner or owners of any timber, logs, or other lumber, shall not within three days. after the same has been rafted and surveyed, either by himself or his agent pay the boomage thereon to the said Corporation, or their agent or agents, and take the possession and charge thereof, the said Company shall be entitled to receive a reasonable compensation for keeping of the said timber, logs, or other lumber, which shall be deemed to be at the risk of the owner or owners thereof; or they are hereby authorized, if they see fit, to send the said timber, logs, or other lumber, to Saint John, at the risk of the owner, and then, after ten days personal notice, or thirty days notice in a Newspaper published in Fredericton, to sell so much thereof as shall be sufficient to pay the boomage, together with the usual freight to Saint John, expense of keeping, expenses of the sale, and all other inci dental expenses, rendering the overplus (if any) to the owner; and the remaining part of such timber, logs, or other lumber, shall be kept until required by the owner, at his risk and expense. 2. From and after the passing of this Act, instead of the price provided by the seventh Section of the said recited Act for rafting logs and other lumber, the said Corporation shall be entitled to receive a sum not exceeding three shillings per thousand for each and every thousand superficial feet of logs or other lumber they shall secure and raft in the manner provided by the said seventh Section of the said recited Act. 3. From and after the passing of this Act, so much of the sixth Section of the said recited Act, to which this is an amendment, as requires the Corporation to keep the Booms open and in order, to receive timber, logs, and other lumber, until the tenth day of November in each and every year, be and the same is hereby repealed; and in lieu thereof, the said Corporation shall and they are hereby required to keep the said Booms open in the manner and for the purposes mentioned and provided in the said sixth Section, until the tenth day of October in each and every year. 4. This Act shall continue and be in force so long as the Act to which it is in amendment, and no longer. 12th VICTORIA-CHAPTER 62. An Act in addition to and in amendment of an Act intituled An Act to incorporate the South Bay Boom Company. Section. 1. Vacancies, how filled up. Section. 2. Directorships, how vacated. WHEREAS no provision is made in an Act made and passed in the tenth year of Her Majesty's Reign, intituled An Act to incorporate the South Bay Boom Company, for the election of a Director or Directors for such Boom Company in the event of a vacancy or vacancies occurring by death, removal, disqualification, or otherwise, the want of which provision renders it inconvenient properly to carry on the operations of the Company ; Be it therefore enacted, &c.-1. Upon any vacancy or |