disqualified 24. The surveyor or other person offered or appointed as Surveyor or valuator or as sole arbitrator, shall not be disqualified by arbitrator not reason that he is professionally employed by either party, unless personor that he has previously expressed an opinion as to the ally interested. amount of compensation, or that he is related or of kin to any member of the company, provided he is not himself personally interested in the amount of the compensation; and no cause of disqualification shall be urged against any arbitrator appointed by the judge after his appointment; but when disquathe objection must be made before the appointment and lification must its validity or invalidity shall be summarily determined by the judge; be urged. admissible has been ap 25. No cause of disqualification shall be urged against No objection any arbitrator appointed by the company or by the oppo- after a third site party after the appointment of a third arbitrator; and arbitrator the validity or invalidity of any cause or disqualification pointed. urged against any such arbitrator, before the appointment of a third arbitrator, shall be summarily determined by the judge, on the application of either party, after two clear days' notice to the other, and if the cause is determined to be valid, the appointment shall be null, and the party offering the person so adjudged to be disqualified shall be held not to have appointed an arbitrator; want of form 26. No award shall be invalidated from any want of form Awards not or other technical objection, if the requirements of this act avoided for have been complied with, and if the award 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; on payment of 27. Upon payment or legal tender of the compensation Possession or annual rent so awarded or agreed upon to the party en- may be taken titled to receive the same, or upon the deposit of the amount tender, &c., of of such compensation in the manner hereinafter mentioned, sum awarded. the award or agreement shall vest in the company the power forthwith to take possession of the lands, or to exercise the right, or to do the thing for which such compensation or annual rent has been awarded or agreed upon; and if any resistance or forcible opposition be made by any Warrant of person to their so doing, the judge may, on proof to his possession. satisfaction of such award or agreement, issue his warrant to the sheriff of the district, or to a bailiff as he may deem most suitable, to put the company in possession, and to put down such resistance or opposition, which the sheriff or bailiff, taking with him sufficient assistance, shall accordingly do; of 28. Such warrant may also be granted by any such judge, When warrant without such award or agreement, on affidavit to his satisfaction that the immediate possession of the lands or of the before award. may issue power to do the thing mentioned in the notice, is necessary to carry on some part of the railway with which the company are ready forthwith to proceed; and upon the company Security being giving security to his satisfaction, and in a sum which shall first given to not be less than double the amount mentioned in the notice, deposit compensation. to pay or deposit the compensation to be awarded within one month after the making of the award, with interest from the time at which possession is given, and with such costs as may be lawfully payable by the company; When compensation to stand in the place of the land. Case in which lands are si 29. The compensation for any lands which might be taken without the consent of the proprietor, shall stand in the stead of such land; and any claim to or incumbrance upon the said land or any portion thereof, shall as against the company be converted into claim to the compensation or to a like proportion thereof and they shall be responsible accordingly whenever they have paid such compensation, or any part thereof, to a party not entitled to receive the same, saving always their recourse against such party; 30. If the company have reason to fear any such claim, tuate in P. Q. mortgage, hypothec or incumbrance, or if any party to whom and company the compensation or annual rent, or any part thereof, is have reason. payable, refuses to execute the proper conveyance and reason brances. Effect of a judgment of confirmation. guarantee, or if the party entitled to claim the compensation or rent cannot be found, or is unknown to the company, or if for other reason the company deems it advisable, the company may pay such compensation into the hands of the prothonotary of the Superior Court for the district in which the land is situate, with the interest thereon for six months, and may deliver to the said prothonotary an authentic copy of the conveyance, or of the award, if there be no conveyance, and such award shall thereafter be deemed to be the title of the company to the land therein mentioned, and proceedings shall thereupon be had for the confirmation of the title of the company in like manner as in other cases of confirmation of title except that, in addition to the usual contents of the notice, the prothonotary shall state that the title of the company (that is, the conveyance or award,) is under this act, and shall call upon all persons entitled to the lands, or any part thereof, or representing or being the husband of any party so entitled, to file their claims to the compensation, or any part thereof, and all such claims shall be received and adjudgedupon by the court; 31. Such judgment of confirmation shall forever bar all claims to the land, or any part thereof (including dower not yet open) as well as any mortgage, hypothec or incumbrance upon the same; and the court shall make such order for the distribution, payment or investment of the compensation and for the security of the rights of all parties interested, as to right and justice, and the special act, and the provisions of this act and to law, shall appertain; 32. The costs of the proceedings, or any part thereof, shall By whom costs be paid by the company, or by any other party, as the court to be paid. may order; and if judgment of confirmation be obtained in less than six months from the payment of the compensation, Interest. to the prothonotary, the court shall direct a proportionate part of the interest to be returned to the company, and if from any error, fault or neglect of the company it is not obtained until after six months have expired, the court shall order the company to pay the prothonotary the interest for such further period as may be right. HIGHWAYS AND BRIDGES. to be carried along any from munici 10. The railway shall not be carried along an existing Railway not highway, but merely cross the same in the line of railway, unless leave has been obtained from the proper municipal or highway local authority therefor; and no obstruction of such highway without leave with the works shall be made without turning the high-pal authoriway so as to leave an open and good passage for carriages, ties. and, on completion of the works, replacing the highway, under a penalty of not less than forty dollars for any contravention; but, in either case, the rail itself, provided it does not rise above nor sink below the surface of the road more than one inch, shall not be deemed an obstruction; "than one inch 2. No part of the railway which crosses any highway Railway not without being carried over by a bridge, or under by a tunnel, to rise more shall rise above or sink below the level of the highway more above level of than one inch and the railway may be carried across or any highway when crossing above any highway within the limits aforesaid; the same. over highways. 3. The span of the arch of any bridge erected for carrying Height and the railway over or across any highway shall at all times span of bridge be, and be continued of the open and clear breadth and space, under such arch, of not less than twenty feet, and of a height from the surface of such highway to the centre of such arch of not less than twelve feet; and the descent under any such bridge shall not exceed one foot in twenty feet; 4. The ascent of all bridges erected to carry any highway Ascent of over any railway shall not be more than one foot in twenty bridges. feet increase over the natural ascent of the highway; and a good and sufficient fence shall be made on each side of every bridge, which fence shall not be less than four feet above the surface of the bridge; 5. Signboards stretching across or projecting over the Precautions highway crossed at a level by any railway, shall be erected when Railway and kept up at each crossing at such height as to leave six- highway. erosses a Fences to be erected on each side of gates and crossings. teen feet from the highway to the lower edge of the signboard, and having the words " railway crossing" painted on each side of the signboard, in letters not less than six inches in length; and for any neglect to comply with the requirements of this sub-section, a penalty not exceeding forty dollars shall be incurred. FENCES. 11. Within six months after any lands have been taken for the use of the railway, the company shall, if thereunto Railway, with required by the proprietors of the adjoining lands, at their own costs and charges, erect and maintain on each side of the railway, fences of the height and strength of an ordinary division fence, with sliding gates, commonly called hurdle gates, with proper fastenings, at farm crossings of the road, for the use of the proprietors of the lands adjoining the railway and also cattle-guards at all road crossings, suitable and sufficient to prevent cattle and animals from getting on the railway; Liability of company until 2. Until such fences and cattle-guards are duly made, the cattle guards company shall be liable for all damages which may be done by their trains or engines to cattle, horses or other animals on the railway; erected. When to be exempted. Persons pro going on the track, &c., with cattle, &c. 3. After the fences or guards have been duly made, and while they are duly maintained, no such liability shall accrue for any such damages, unless negligently or wilfully done; 4. If any person rides. leads or drives any horse or any hibited from other animal or suffers any such horse or other amimal to enter upon such railway, and within the fences and guards,. other than the farm crossings, without the consent of the company, he shall for every such offence forfeit a sum not exceeding forty dollars; and shall also pay to the party aggrieved all damages sustained thereby; Or walking thereon. Tulls to be laws or other wise. 5. No person other than those connected with, or employed by the railway, shall walk along the track thereof, except where the same is laid across or along a highway. TOLLS. 12. Tolls shall be from time to time fixed and regulated fixed by By- by the by-laws of the company, or by the directors, if thereunto authorized by the by-laws, or by the shareholders at any general meeting, and may be demanded and received for all passengers and goods transported upon the railway or in the steam vessels to the undertaking belonging, and shall be paid to such persons and at such places near to the railway, in such manner and under such regulations as the by-laws direct; of tolls en 2. In case of denial or neglect of payment on demand of How payment any such tolls, or any part thereof, to such persons, the same forced. may be sued for and recovered in any competent court, or the agents or servants of the company may seize the goods for or in respect whereof such tolls ought to be paid, and detain the same until payment thereof; and in the meantime the said goods shall be at the risk of the owners there of; goods de 3. If the tolls are not paid within six weeks, the company When, if tolls may sell the whole or any part of such goods, and out of not paid, the money arising from such sale retain the tolls payable, tained may and all charges and expenses of such detention and sale; rendering the surplus, if any, or such of the goods as remain unsold, to the person entitled thereto; be sold. der of goods 4. If any goods remain in the possession of the company When remainunclaimed for the space of twelve months, the company detained may may thereafter, and on giving public notice thereof by ad- be sold. vertisement for six weeks in the Quebec Official Gazette, and in such other papers as they deem necessary, sell such goods by public auction at a time and place to be mentioned in such advertisement, and out of the proceeds thereof pay such tolls and all reasonable charges for storing, advertising and selling such goods; and the balance of the proceeds, if Proceeds, how any, shall be kept by the company for a further period of dealt with. three months, to be paid over to any party entitled thereto : 5. In default of such balance being claimed before the ex- How balance to be disposed piration of the period last aforesaid, the same shall be paid off over to the treasurer, to be applied to the general purposes of the province, until claimed by the party entitled thereto; raised or reduced. 6. All or any of the tolls may, by any by-law, be reduced Tolls-how and again raised as often as deemed necessary for the interests of the undertaking; but the same tolls shall be payable at the same time and under the same circumstances upon all goods and by all persons, so that no undue advantage, privilege or monopoly may be afforded to any person or class of persons by any by-laws relating to the tolls; mile or ton 7. In all cases, a fraction in the distance over which goods A fraction of a or passengers are transported on the railway shall be con-how estimated sidered as a whole mile; and for a fraction of a ton in the in charging weight of any goods, a proportion of the tolls shall be de- tolls. manded and taken, according to the number of quarters of a ton contained therein, and a fraction of a quarter of a ton shall be deemed and considered as a whole quarter of a ton; to be stuck up 8. The directors shall, from time to time, print and stick Table of tolls up, or cause to be printed and stuck up, in the office, and in in offices and all and every of the places where the tolls are to be collect-cars. ed, in some conspicuous place there, a printed board or paper |