Record of ar bitration in certain cases, and register ed. Expenses of arbitration how paid. Powers of ar examination of witnesses, &c. to the said Company, or where the title to any such lands or grounds may be in dispute, or when the owner or owners of such lands and grounds are unable to treat with the said Company for the sale thereof, or to appoint arbitrators as aforesaid, it shall and may be lawful for the said Company to nominate one indifferent person, and for a Judge of the Superior Court residing in the District of Montreal, on the application of the said Company, to nominate and appoint one other indifferent person, 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 of such other person, to be appointed by any 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 said Company shall pay to the respective parties entitled to receive the same, for the said lands or damages as aforesaid, and the decision of the majority of such arbitrators shall be binding; which amount so awarded the said Company shall pay or cause to be paid to the several parties entitled to the same, or invested in such a manner as to a Judge of the Superior Court shall appear most advantageous, if the said lands are only held in trust for other parties: and in any case under this Act where there shall be no Deed conveying the property in question to the Company, a Record of the award or arbitration shall be made up and signed by the said arbitrators, or a majority of them, specifying the amount awarded and the cost of such arbitration, which may be settled by the said arbitrators or a majority of them, which Record shall be registered in the Registry Office for the Registration Division of Montreal; and the expenses of any arbitration under this Act shall be paid by the said Company, and by them deducted from the amount of such award, if the Company shall, before the appointment of their arbitrator, have tendered an equal or a greater sum than that awarded by the arbitrators, and otherwise by the opposite parties; and the arbitrators shall specify in their award by which of the parties the said costs are to be paid. 23. The arbitrators, or a majority of them, may in their bitrators as to discretion examine on oath or solemn affirmation the parties or such witnesses as shall appear before them, and may administer such oath or affirmation, but this shall not prevent the arbitrators from acting and deciding upon their personal knowledge of the merits of the case, or from using such knowledge. as they shall think just and right; and any wilfully false statement made by any witness under such oath or affirmation, shall be deemed wilful and corrupt perjury, and punished accordingly, and the arbitrators, or a majority of them as aforesaid, shall render their award within thirty days from the date of their appointment, unless the time shall be prolonged by consent of the parties. No award in 24. No award made as aforesaid shall be invalidated validated for by any want of form, or other technical objection, if the want of form. requirements requirements of this Act shall have been complied with, and if the award shall state clearly the sum awarded, and the lands or other property, right, or thing for which such sum is to be the compensation; nor shall it be necessary that the party or parties to whom the sum is to be paid be named in the award. payment of 25. If any person or persons shall, after proceeding on Provision in the said Boulevard with any waggon, carriage, or other the case of pervehicle or animal liable to pay toll, turn off the said Boulevard sons evading into any other road, and shall enter the said Boulevard beyond tolls. any of the gate or gates without paying toll, whereby such payment shall be evaded, such person or persons shall for every such offence forfeit and pay to the said Company the sum of two dollars; and any one Justice of the Peace for the district in Penalty. which the said Boulevard is situate, shall, on conviction of such offender, fine such offender in the said penalty, and shall cause the same to be levied in the manner hereinafter prescribed. their lands to 26. If any person or persons occupying or possessing Persons perany enclosed land near any toll-house or toll-gates, or on the mitting people line of the said Boulevard, shall knowingly permit or suffer to pass thro any person or persons to pass through such lands or through avoid payment any gate, passage or way thereon, with any carriage or animal of toll. liable to the payment of toll, whereby such payment shall be evaded, every person or persons so offending, and also the person riding or driving any animal or carriage whereon such penalty is evaded, being thereof convicted before any one Justice as aforesaid, shall for every such offence severally incur a penalty not exceeding Four Dollars, in favor and for the use of the said Company. 27. If any person shall wilfully or maliciously interrupt Wilful hindor hinder the said Company, their servants or agents, in the rance, damage exercise of any powers conferred by this Act, or shall wilfully or injury, how or maliciously injure or destroy any of the toll-gates, buildings, grounds, trees, fences, or ornaments on the said Boulevard or Public Road, Public Grounds,Parks, Gardens, Squares or Ornamental Grounds, or shall commit any nuisance, or cause any filth or noisome body to be deposited, in or about the same, such person shall be guilty of a misdemeanor, and, upon conviction thereof before any Court of competent jurisdiction, shall be punishable by fine not exceeding twenty-five pounds, or imprisonment not exceeding three months, or both, at the discretion of the Court. 28. The fines and forfeitures authorized to be summarily Levying fines imposed by this Act, shall and may be levied and collected by and penalties distress and sale of the offender's goods and chattels, under the by distress. authority of any warrant or warrants of distress for that purpose, to be issued by the Justice or Court before whom the conviction shall have been had; and in case there shall be no goods or chattels to satisfy such warrant or warrants, such offender 5* Property to be free from taxes. City Corpora tion may ac perty on certain condi tions. offender or offenders shall and may be committed to the Common Gaol of the District for any period not exceeding one month. 29. The lands held by the Company for the said Boulevard or Public Road, Public Grounds, Parks, Gardens, Squares and Ornamental Grounds, shall be exempt from all taxes and public burdens whatever. 30. If at any time the Corporation of the City of Montreal shall determine to acquire the said Boulevard or Public Road, quire the pro- Public Grounds, Parks, Gardens, Squares and Ornamental Grounds, or any part thereof, at any stage of their execution, it shall be lawful for the Company to sell, and the said City Corporation to purchase and hold the same, together with all the rights and privileges thereto belonging under this Act, upon such terms as may be mutually agreed upon between the Directors of the Company and the duly authorized agents of the City Council, and respectively by a general meeting of the Shareholders of the Company, and by a public meeting of the citizens, or by a poll or vote of the same, as may be determined by a By-law of the said City Council. Tolls to be subject to ap proval of Governor in Coun cil. Interpretation. Public Act. 31. The tolls, rates and dues to be charged by the said Company, shall at all times be subject to the approval of the Governor in Council. 32. This Act shall be a Public Act, and the word "Company "shall mean the Montreal Mountain Boulevard Company in this Act mentioned and described. SCHEDULE A. No. This Debenture witnesseth that the Montreal Mountain Boulevard Company, under authority of the Statute of the Province of Canada, passed in the Session held in the twentyfirst and twenty-second years of Her Majesty's Reign, intituled, (title of this Act), are indebted to the bearer hereof in the sum of dollars, as a loan, to bear interest from the date of the issue hereof, at the rate of per centum per annum, payable half-yearly, on the and on the day of day of dollars the said Company hereby day of in the year of our Lord, one thousand eight hundred and And And for the due payment of the said sum of money and interest, the Company under authority of the said Statute do hereby hypothecate the real estate and appurtenances hereinafter described, that is to say: (Here describe the property hypothecated.) President of the said In testimony whereof, A. B., of dred and this , day of , in the year of our Lord, one thousand eight hun Countersigned and entered. A. B. (L. S.) C. D., Secretary. SCHEDULE B. Know all men by these presents, that I, (or we, as the case may be), A. B., of in consideration of paid to me (or us) by the Montreal Mountain Boulevard Company, the receipt whereof is hereby acknowledged, do hereby grant, bargain, sell, convey and. confirm unto the said Company all that tract or parcel (or those tracts or parcels, as the case may be) of land situate (here describe the lands) the same having been selected and laid out by the said Company for the purposes of their Boulevard or Road, to have and to hold the said lands and premises with all appurtenances thereto, to the said Company, their successors and assigns for ever. (Here add clause for release of dower, if any.) Witness my hand and seal (or our hands and seals, as the case may be) this day of in the year of our Lord, one An Act to make valid a certain conveyance of Land to the Freelton Flour Manufacturing Company, and to enable them to convey and rent the same. [Assented to 30th June, 1858.] WHEREAS the Freelton Flour Manufacturing Company, Preamble. a body corporate, formed under the provisions of the Act passed in the session held in the thirteenth and fourteenth years 13, 14 V. o. 28. of confirmed. of Her Majesty's Reign, and chaptered twenty-eight, have by their petition represented, that on or about the nineteenth day of May, one thousand eight hundred and fifty-six, they purchased from one Patrick Freel, certain lands in the Township of West Flamborough, in the County of Wentworth, being composed of Village Lot number one hundred and twenty-seven, as laid down on the plan of the said Village of Freelton, in the said Township, as surveyed by one James McIntosh, a Deputy Provincial Land Surveyor, for the said Patrick Freel, and containing, by admeasurement, one acre, be the same more or less; And whereas the said Company have erected and put in full operation upon the said lot an extensive stone Flouring Mill, which they are desirous of being enabled to sell and convey, or rent and demise, and it being doubtful if the said Company had the power of acquiring by purchase or of holding the said property in fee, or of leasing, demising or renting the same, and it being just and expedient to grant the prayer of the said petition, and to declare the said purchase from the said Patrick Freel valid in law, and to enable the said Company to sell and convey, mortgage or to demise and rent the same: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: Conveyance to 1. The sale and conveyance of the hereinbefore mentioned the Company lot of land from the said Patrick Freel to the said Freelton Flour Manufacturing Company, shall be held and taken to have been and to be good and valid in law, subject to any legal incumbrance by mortgage or otherwise, which at the time of the conveyance of the said land, existed thereupon for good and legal consideration. or demise the said land. Company may 2. It shall and may be lawful for the said Freelton Flour sell, mortgage Manufacturing Company to bargain, sell, convey and mortgage the said land and premises, notwithstanding any provision in the Act recited in the Preamble to this Act; and further, it shall and may be lawful for the said Company to lease, demise, rent or otherwise dispose of the same, subject as aforesaid to any mortgage, charge, or other incumbrance as aforesaid. Public Act. Preamble. 3. This Act shall be deemed a Public Act. CAP. XXI. An Act to incorporate certain persons under the name of the "Quebec Warehouse Company." W [Assented to 30th June, 1858.] HEREAS it is desirable for the benefit of this Province generally, and especially for the shipping interest, that additional facilities be afforded in the harbor of Quebec for the mooring, sheltering, loading and unloading, of vessels; And whereas |