bonds, or the due, faithful and punctual payment of the interest and principal of the said bonds. of the pro in the holders. commission 7. To avoid doubts, it is hereby declared that in the Subrogation event of the said province advancing the whole or any vince in the part of the amount of the said bonds, the province shall be rights vested substituted to and subrogated in all the rights and powers, privileges and advantages granted or intended to be granted, vested, or authorized to be vested, in the holders of the said bonds or debentures, or any trustee or trustees for them; and in case of the said bonds falling into the hands Rights of the of the said treasurer, as herein before set forth, all the ners vested in powers, privileges and authority vested in the said com- the treasurer. missioners respecting the said bonds, or which they are authorized or empowered to confer upon others, by virtue of sections 25, 26, 27, 28, 29, 30, 31, 32, 33, 84, 85, of 39 Vict, cap. 2, or by any other section of the said act, shall be vested in, and exercised by, the treasurer of this province, or conferred by him upon others, as fully and effectually as the said commissioners might or could have done; and the same rank and priority in the revenues of the said road Rank allowed shall be preserved to and enure to the province, as if the said bonds had been sold to the said province by the com. missioners. to the pro 8. Nothing in this act shall have the effect of amend Proviso. ing or revoking the statutes in force by which any aid or subsidy has been granted to any railway company whatso ever. 9. This act shall come into force on the day of its Act into sanction. force. CAP. III. An Act to amend the law respecting subsidies in money made to certain railways, and for other purposes. [Assented to 28th December, 1876]. ER MAJESTY, by and with the advice and consent of the Legislature of Quebec, enacts as follows: 1. The Lieutenant-Governor in Council, as soon as the Advances following railway companies: The Levis and Kennebec Railway Company; The Quebec Central Railway Company; And the St. Francis and Megantic International Railway Company, which may be made to eertain rail way compa nies. Conditions. Proviso. The employment of the advance of Shall have put the completed portions of their roads in good working order, to his satisfaction, may advance to them on account of their subsidy, 1o. a sum of $1,000 for each mile thus completed, in addition to the sum of $4,000 which they have received, or may now have a right to receive, and 20. out of the whole balance of the subsidy granted to them for any other portion of their road which they may hereafter complete, another sum of such an amount, and in such a manner, that this advance being made, there shall remain to be paid not less than $2,000 per mile upon the portion of the road to be hereafter completed, and that in any case, no more than $6,000 per mile shall be advanced. 2. The Lieutenant-Governor in Council may require that the sum of $1,000 per mile, advanced to the companies $1,000 may be mentioned in the preceding section, on the completed por regulated by tions of their lines, be used to perfect such portions of line, Lt.-Governor. and to pay whatever they may owe to the right of way, labor and rolling stock. Add. subsidy granted to cert. Cailway M. P. and B. Conditions. W. and Magog Laurentian Case in which certain com panies may be divided amongst 3. The Lieutenant-Governor in Council may increase to $4,000 per mile, the subsidy already granted to the follow ing railway companies : 1. The Montreal, Portland and Boston Railway, upon a length not exceeding fifty-six miles, from the river St. Lawrence, at the town of Longueuil, to the frontier line of the province, via Chambly, West Farnham and Frelighsburg, provided that the company shall come to an agree ment with the governnent, that freight and passengers may pass over their line at rates proportionate to those of the Quebec, Montreal, Ottawa and Occidental Railway; 2. The Waterloo and Magog Railway, upon a length not exceeding forty-three miles; 8. The Laurentian Railway upon a length not exceed ing fifteen miles. 4. If any railway company now subsidized gives up the grant to its charter, or if the charter of any such company lapse between the present time and the 31st of December 1877, it shall be lawful for the Lieutenant-Governor in Council to apportion the amount of the subsidy to which such railway company was entitled, over the uncom pleted parts of the roads of the four companies following, that is to say: other companies. The Levis and Kennebec, forty-five miles, The Quebec Central, fifty-two miles. The St. Francis and Megantic International, fifty-three miles. The South Eastern, forty miles from Acton to Sutton junction; Provided that the amount of the subsidy so appor- Proviso. tioned does not exceed $1,500 per mile for the total length to be completed as aforesaid, and that the subsidy so apportioned added to that already acquired by each of such companies, does not in any case exceed a sum of more than $6,000 for each mile of road so to be completed. due by the R. R. 5. The Quebec and Lake of St. John Railway Company Repayment shall not be obliged upon the first section of its road, to of amount repay the sum of $48,171.20, received by it for the cons- Quebec and truction of a wooden railroad, but such repayment shall Lake St. John be made only upon the second section of such road, and the said company shall furnish security that it will Security. repay such sum at the end of four years from the first day of January, 1877, if in the interval it has not made the said second section of its road. 6. The Missisquoi and Black River Valleys Railway Delay, in company shall continue to have a right to the subsidy at favor of Missisquoi and present granted to it, until the first of December, 1877, Black River provided that at the said date, the said company shall R. R. have made and completed at least ten miles of continuous and uninterrupted road with iron or steel rails. 7. The first section of the act of this province, 39 Vict., 39 V., ch. 3, ch. 3, is amended:.. 1. By striking out the words: "at the rate of five per centum per annum" and substituting therefor the following words; "at a rate not exceeding six per centum per annum ; 2. By adding to such section the following words: "and the Lieutenant-Governor in Council may fix the place where such interest shall be paid. Sec. 1, amen ded. 8. Section 2 of the same act is repealed, and the fol- 39 V., ch. 3, s. lowing substituted therefor: 2, replaced. conversion of subsidy. "2. Any payment heretofore made, or which may hereaf- Return and ter be made by this province on any subsidy accorded to any railway company by any act of this Legislature, still in force, may be returned to the provincial treasurer, and thereafter converted into a like guarantee for the part or portion of such subsidy returned, and from such date or dates as the directors of the company returning such subsidy may request. 9. The subsidy granted by the present act shall be Manner of payable in the same manner as that granted by "the Rail- paying subway subsidy act of 1875. " sidy. Guarantee of sub-contrats of D. McDo 10. The commissioners of the Quebec, Montreal, Ottawa and Occidental Railway may guarantee the payment of nald, by com- the amounts of the sub-contracts made by Duncan McDonald, the contractor for the western portion of the said road, provided that such contracts are approved of by them. missioners. Sums to be taken to com plete Q. M. 0. & O R. R. Act in force. 11. The said commissioners are authorized to take from the sum intended to meet the contingent expenses of the road, the sum necessary to complete the said railway. 12. The present act shall come into force on the day of the sanction thereof. CAP. XXX. 82 V., c. 51, s. ed. An Act further to amend "The Quebec Railway Act, 1869." (32 Vict., chap. 51.) [Assented to 28th December, 1876.] ER MAJESTY, by and with the advice and consent of the Legislature of Quebec, enacts as follows: 1. The thirteenth sub-section of the ninth section of 9, 13, amend The Quebec railway Act, 1869," is amended by striking out the words "the judge" in the third line and replacing them with the words "any judge" and by adding after the word "district" in the third line, the following words: "or to any judge thereof exercising his functions therein." § 14, replaced. Judge interested or absent. 2. The fourteenth sub-section of the ninth section of the same act is repealed, and the following is substituted in place thereof: "14. Whenever any such judge is interested in any lands, required by the company, within the district in which he resides or is exercising his functions, or whenever there is no judge in such district, any judge of the superior court, residing or exercising his functions in any adjoining district, shall, on the application of the company or of the opposite party, exercise in any such case all the powers given by this section to the resident judge and to any judge exercising his functions within the district wherein the lands required lie, in cases in which he is not interested." 3. The sixteenth sub-section of the ninth section of the $ 16, replaced. same act is repealed, and the following is substituted in place thereof 16. If the opposite party within the time aforesaid Third arbinotifies to the company the name of his arbitrator, then the trator. two arbitrators shall jointly appoint a third, or, if they cannot agree upon a third, then the judge of the superior court shall, on the application of the party or of the company (previous notice of at least two clear days having been given to the other party,) appoint a third arbitrator." 4. The twenty-second sub-section of the ninth section of$ 22, replaced. the same act is repealed, and the following is substituted in place thereof: 22. If the sole arbitrator or the third arbitrator Arbitrators. appointed by the judge or any arbitrator appointed by the parties, or the third arbitrator appointed by the two arbitrators, dies before the award has been made, or is disqualified, or refuses or fails to act within a reasonable time, then in the case of the sole arbitrator, or in the case of the third arbitrator appointed by the judge, upon the application of either party, previous notice of at least two clear days having been given to the other party, the judge, on being satisfied by affidavit or otherwise of such death, disqualification, refusal, or failure, shall appoint another arbitrator in his place; and in the case of any arbitrator appointed by the parties, the company and party respectively, may appoint an arbitrator in the place of the arbitrator so deceased or not acting, and if the company or party refuse or neglect to appoint such arbitrator, the judge, upon the application of the party or of the company, as the case may be (previous notice of at least two clear days having been given to the other,) on being satisfied by affidavit or otherwise of such death, disqualification, refusal, or failure and of the refusal or neglect to replace the arbitrator so deceased or not acting, shall appoint another arbitrator in his place; and in the case of a third arbitrator appointed by the two arbitrators, the provisions of the sixteenth sub-section of this section shall apply; but no recommencement or repetition of prior proceedings shall be required in any case 5. The preceding provisions shall not apply to cases of Pending cases expropriations commenced before the coming into force of of expropriathis act. tion. |