ARBITRATORS.

how appointed,

41. The Lieutenant-Governor-in-Council may, from Arbitrators, time to time, appoint any number of persons not exceed- for what puring three, who shall be arbitrators for Manitoba, and who pose. shall arbitrate on, appraise, determine and award the sum which shall be paid to any person in respect of any claim made by such person under this Act, and with whom the Minister has not agreed and cannot agree; and every such arbitrator shall receive such remuneration as shall be, from Remuneration. time to time, fixed by the Lieutenant-Governor-in-Council.

take oath.

42. The arbitrators shall take before the Minister or Arbitrators to one of Her Majesty's Justices of the Peace for Manitoba, the following oath :

"I, A.B., do swear that I will well and truly hear, try Oath. and examine into such claims as may be submitted to me for compensation for real or personal property taken, or alleged, direct or consequent damage to such property, arising from the construction or connected with the execution of any public work at the expense of the Province of Manitoba or arising out of, or connected with the execution, or on account of deductions made for the nonexecution or non-fulfilment of any contract for the execution of any such public work; that I will give a true judgment and just award thereon, to the best of my knowledge and ability; and that I will take into due consideration the benefits derived and to be derived by the claimant through the construction of such public work as well as the injury done thereby. So help me God."

trators.

43. The Lieutenant-Governor-in-Council may appoint Clerks to Arbiproper persons to act as clerks to the said arbitrators, and may fix the amount of remuneration to be allowed any such clerk.

concluding

to Minister.

44. Whenever any arbitrator shall have concluded any Arbitrator on such arbitration by the publication of his award thereon, award shall he shall forthwith cause to be transmitted to the Minister forward same such award, together with all depositions, documents, maps, plans, books, accounts, contracts and writings, not being private property, taken by or submitted to such arbitrator, in the course of such arbitration. And the Deputy Minister shall file the same as public records of the Department.

WHAT CASES MAY BE REFERRED TO ARBITRATION.

45. If any person has any claim for real or personal What cases

to arbitration.

may be referred property taken, or for alleged, direct or consequent damage to such property arising from the construction or connected with the execution of any public work or road undertaken either wholly or in part at the expense of the Province, or any claim arising out of or connected with the execution or fulfilment, or on account of deductions made for the non-execution or non-fulfilment of any such public work made and entered into with the Minister, either in the name of Her Majesty or in any other manner whatsoever, such person may give notice in writing of such claim to the Minister, stating the particulars thereof and how the same has arisen; and thereupon the Minister may, at any time within thirty days after such notice, tender what he considers a just satisfaction for the same, with notice that unless the sum so tendered is accepted in ten days after such tender, the said claim will be submitted to arbitration.

Claimant to give security for costs.

No arbitration where contract

is to decide.

46. Before any claim under this Act shall be arbitrated upon, the claimant shall give security to the satisfaction of the arbitrators or any one of them, for the payment of the costs and expenses incurred by the arbitration, in the event of such claimant being awarded to pay such costs..

47. No arbitration shall be allowed in any case where says Minister by the terms of the contract therein it is provided that the determination of any matters of difference arising out of or connected with the same shall be decided by the Minister.

Claimant must file claim within six months

after loss or

48. No claim of any kind for compensation in respect of any contract made, or for any loss or damage occasioned by anything done, under this Act, by, or under the authority of the Department or the Minister, shall be submitted to or entertained by any arbitrator, unless such claim and the particulars thereof have been filed with the Deputy Minister within six months next after the loss or injury complained of, or after the date of the final estimate made under such contract.

Arbitrators

may summon

require pro

uesti

C

POWERS OF ARBITRATORS AND PROCEEDINGS BY OR BEFORE
THEM.

49. The arbitrators may, by summons, or order in any witness and Writing, signed by any one of them, to be served upon or left at the last usual place of residence of the person to whom it is addressed, command the attendance from any part of the Province of any witness, or the production of any documents required by any of the parties, and may

ments.

swear the said witness to testify truly respecting the matters on which he is to be interrogated; and the disobedience of such summons or order shall subject the person disobeying to a penalty of not less than five dollars

nor more than twenty-five dollars, to be recovered before Penalty for disany justice of the peace, and levied under the warrant of obedience. such justice by distress and sale of the goods and chattels of the offender, unless such person establishes reasonable cause for such disobedience.

compelled to

that Queen's

50. But no person shall be compelled to give any evi- No witness dence or to produce any document which he would not give evidence be compelled to give or produce at a trial in any superior Bench would court of the Province, or to attend as a witness more than not compel. three consecutive days; and every witness shall be al-· lowed, in addition to his reasonable travelling expenses, a sum not exceeding that usually allowed to witnesses in suits in the Court of Queen's Bench at the discretion of the arbitrators, such remuneration to be paid by the party requiring his attendance.

Travelling ex

penses.

trators decision

51. The arbitrators shall consider the advantage as Bases for arbiwell as the disadvantage of any public work or road as respects the real or personal property of any person through which the same passes, or to which it is contiguous, or as regards any claim for compensation for damage. caused thereby; and the arbitrators shall, in estimating and awarding the value of any property, real or personal, taken for any public work or road, or the amount of damages to be paid to any person, take into consideration the advantages accrued, or likely to accrue, to such person or his estate as well as the damage occasioned by reason of such work.

assess value as

or

52. The arbitrators, in estimating and awarding the Arbitrators to amount to be paid to any claimant for any property, real at time of loss or personal, taken by the Minister under this Act, or for any injury in respect thereof, shall assess the value thereof as if made at the time when such property was so taken or injured and not as at the time of making their award.

decide in accor

stipulations of

53. In awarding upon any claim arising out of any Arbitration to contract in writing, the arbitrators shall decide in accord-dance with ance with the stipulations in such contract, and shall not contract. award compensation to any claimant on the ground that he expended a larger sum of money in performance of his contract than the amount stipulated therein; nor shall they award interest on any sum of money which they

Evidence to be

taken in writ

ing.

Exception.

Party suceeding on award to pay cost of arbitration.

consider to be due to such claimant in the absence of any contract in writing, stipulating payment of such interest; and any clause in any such contract in which a drawback or penalty is stipulated for the non-performance of any condition thereof, or any neglect to complete any public work or to fulfill any covenant or promise in such contract, shall not be construed as in the nature of penalty, but as importing an assessment by mutual consent, of the damages caused by such non-performance or neglect.

54. In the investigation of any claim, the arbitrators shall cause all legal evidence offered on either side to be taken down and recorded in writing, and shall make and keep a list of all plans, receipts, vouchers, documents and other papers which may be produced before them during such investigation; but they may, with the consent in writing of the Minister and of the opposite party, take the testimony of the witnesses adduced on either side, orally, and in such case need not reduce it to writing.

55. If the sum awarded in any case is greater than the sum tendered, the Minister on behalf of the Province shall pay the costs of the arbitration; but, if less, the costs shall be paid by the person who refused the tender; and such costs shall, in the cases where the award is in favor of the claimant, be paid by the Minister on behalf of the Province, in addition to the sum awarded; and where the award is in favor of the Minister, shall be paid officer of Q. B. by the claimant, and shall, in all cases, be taxed by the proper taxing officer of the Court of Queen's Bench.

Costs taxed by

Aid to munici

pality for pub

exceed amount

such municipality.

AID TO MUNICIPALITIES.

56. In order to aid municipalities in Manitoba in lie work not to undertaking public works, such as the constructing, contributed by maintenance, repairs and improvements of court houses and jails and registry offices and roads and bridges, within their respective limits, the Lieutenant-Governorin-Council may direct that out of the legislative appropriation made every year for roads and bridges and public buildings, there shall be paid to the treasurer of any municipality an amount to be in no case more than what is contributed by the municipality towards the the same object.

Before such aid

be given municipality to

make return to Minister.

57. Before any such sum of money be paid as aforesaid, it shall be the duty of the municipality, through the clerk, to transmit to the Minister of Public Works to be laid before the Lieutenant-Governor-in-Council a

complete and detailed return of all monies collected and arrears of taxes due in such municipality for the year; of all monies expended during the same time for municipal purposes; the rate of assessment for the year; with a full what it shall statement of the nature, estimated cost and plan of the works undertaken or to be undertaken in such municipality, and all the by-laws relating thereto.

contain.

precedent to

58. No municipality shall be entitled to government Conditions aid as aforesaid, unless it is proved satisfactorily to the receiving such Lieutenant-Governor-in-Council by the return mentioned

in the preceding clause that a fair sum has been levied on the assessed property of the municipality, that the same has been paid and deposited, or will be paid and deposited, in a chartered bank, to the credit of such municipality; and that the plan, site, nature and estimated cost of the public works to be maintained or undertaken are for the general prosperity of such municipality.

aid.

Council may

59. It shall be lawful for the Lieutenant-Governor-in-Governor-inCouncil to refer back for re-consideration to any munici-efer back bypal council any by-law respecting the erection or mainte- law to muninance of public works in the said municipality when changes in the said by-law or by-laws shall be deemed

necessary.

cipality.

make annual

Minister.

60. It shall be the duty of the clerk of each munici- Every munipality on the thirty-first day of December of each year to cipality to transmit to the Minister of Public Works, to be laid before return to the Lieutenant-Governor-in-Council, a complete return of all monies received by such municipality from the Provincial Government and from all other sources, the amount expended, the nature, state, location and cost of the works undertaken by the municipality, distinguishing those on which government aid was expended from those which were entirely constructed or performed by the municipality, with the balance on hand as deposited What it shall in a chartered bank within the Province; each statement shall be on the form provided by the Department and shall be certified by the reeve and signed by the clerk of the municipality.

contain.

61. The clerk of every municipality shall, on or before Annual statethe first day of December in each year, render to the ment by each Minister of Public Works a written statement showing

municipality.

(1.) Number of days of statute labor assessed in the What it shall municipality.

contain.