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Arbitration.

Powers as to

indifferent person, and for the company to nominate an indifferent person, who together, with one other person, to be nominated by the persons so named, shall be arbitrators to award, determine, adjudge and order the respective sums of money, which the company shall pay to the respective persons entitled to receive the same, the award of the majority of whom shall be final; and the said arbitrators shall be, and they are hereby required to attend at some convenient place, at or in the vicinity of the said Village of Yorkville, to be appointed by the company after eight days' notice given for that purpose by the said company, then and there to arbitrate and award, adjudge and determine such matters and things as shall be submitted to their consideration by the parties interested; and that each arbitrator shall be previously sworn before the judge of the county court for the County of York, well and truly to assess the value or damages between the parties according to the best of his judgment; Provided always, that any award made under this Act shall be subject to be set aside on application to either of the superior courts of common law, at Toronto, in the same manner and on the same grounds as in ordinary cases of arbitration, in which case a reference may be again made to arbitration as herein before provided; and that any sum so awarded shall be paid within six months from the date of the award or determination of any motion to annul the same; and in the event of any party so disagreeing, omitting or refusing to appoint an arbitrator, the judge of the county court of the County of York, may upon application of the company as often as occasion may require, name an arbitrator in his stead; and the award of such arbitrator and those to be named as aforesaid, or a majority of them shall be binding on all parties concerned, subject as aforesaid; Provided always, that upon the application of any person injuriously affected by the work of the said company, by the withdrawal thereby of the water from any river, stream or lake, so as to leave an insufficient quantity for the agricultural or other purposes of the proprietors or occupants of the lands, through or on which such rivers, streams or lakes may pass or be, the Court of Chancery may grant an injunction to restrain the said company from the use of the water of such river, streams or lake, for such time, and upon such conditions as the court shall direct.

15. Where there are buildings within the said Village of carrying pipes Yorkville or vicinity, the different parts whereof shall belong to different proprietors, or shall be in possession of different tenants or lessees, the said company shall havepower to carry pipes to any part of any building so situated, pa ssing over the property of one or more proprietors, or in the possession of one or more tenants, to convey water to that of another, or in the possession of another, the pipes being carried up and attached to the outside of the building, and also to break up and uplift all passages which may be a common easement to neighbouring proprietors, and to dig or cut trenches therein for the purpose of laying pipes, or taking up, or repairing the same.

16. All the lands and waters, or the natural flow thereof, Lands, etc., which shall be set out, or acquired, or appropriated by the com- vested in the appropriated pany for the purposes and the uses of the same as aforesaid, shall company. forever thereafter be vested in the company and their successors; and it shall and may be lawful for the said company to Powers as to construct, erect, and maintain upon the said land, and in con- construction. nection with the said water or flow thereof, all such reservoirs, machinery, and water works, requisite for the purposes and uses of the said company, and to convey by a line or lines of pipes the water through any intermediate grounds and lands lying and being between such springs and streams, and the said Village of Yorkville; and the company are hereby empowered to enter upon and pass over such lands, waters, or flow thereof, and the same to cut and dig up if necessary, and to lay down pipes through the same, doing thereby as little damage as may be, and making reasonable and adequate satisfaction to the proprietors, the same to be determined by arbitration as hereinbefore provided, in case of disagreement between the company and the proprietors of the lands, waters, or flow thereof; and after the completion or construction of the said works of the said company, the corporation of the City of Toronto shall not be at liberty to make or construct any works in, or supply water within the said village of Yorkville without the consent of the said corporation of Yorkville.

c. 65, Con.

17. The several clauses of the Act intituled " An Act respect- Certain seeing incorporated joint stock companies for supplying cities, tions of towns, and villages, with gas and water," being clauses nine Stat. Can., to forty-three, forty-four, forty-five, forty-six, forty-seven, forty- apply. eight, forty-nine, fifty, fifty-four, fifty-nine, sixty, sixty-one, sixty-two, sixty-three, sixty-four, sixty-five, sixty-six seventyfive, seventy-six seventy-seven, seventy-eight, of the said Act of the Consolidated Statutes of Canada, chaptered sixty-five, shall be incorporated with and be deemed to be a part of this Act, and shall apply to the said company, except only so far as they may be inconsistent with the express enactments hereof, and the expression "this Act," when used herein, shall be understood to include the clauses of the said Act so incorporated with this Act.

18. If any action or suit shall be brought against any person Limitation for or persons for any matter or thing done in pursuance of or suits. under the provisions of this Act, such action or suit shall, be brought within six calendar months after the fact committed, and not afterwards, and the company or duty officer, agent, servant, or workman of the company, in such action or suit may plead the general issue, and give this Act, and the special matter in evidence on the trial.

case the York

19. In case the corporation of the said village of Yorkville Provision in decide, as they are hereby empowered to do, upon assuming ville corporand undertaking the construction of the said works, the said ation assume corporation

the works.

corporation shall pay and advance to the said company the moneys already expended upon the said works, and the value of the assets and property of the said company, to be ascertained and determined by arbitration, as herein before provided, in case of disagreement between the company and the corpora tion; and upon payment thereof the said corporation shall acquire, have, hold, possess and enjoy all the rights, privileges and franchises by this Act conferred upon, and be subject to all the liabilities of the said company, and may appoint commissioners for the purposes of carrying out the provisions of this Act, under the name of the said company.

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CAP. LXXXII.

An Act to incorporate the Brampton Water Works
Company.

[Assented to 2nd March, 1872.]

HEREAS John Haggert, James William Main, Richard Hale Lewis, Roderick Cochrane, Alexander Pattullo, Charles Dawson, William Peaker, and David Lynch Scott, have by their petition represented that the defective supply of water to the Village of Brampton, in the County of Peel, has been a source of inconvenience and danger to the inhabitants thereof, and with a view to the health, comfort and convenience of such inhabitants, it has become necessary to secure to the said village a plentiful supply of pure and wholesome water; and whereas, for the purpose of accomplishing such object, they are desirous of forming with others a company for the purpose of diverting from some of the springs, streams, or rivers in the Townships of Caledon, Esquesing, and Chinguacousy, a sufficient supply of water for the use of the said village, and conveying the same through pipes laid down for that purpose to and throughout the said village; and pray for an Act to incorporate such company; And whereas it is expedient to grant the prayer of the said petition:

Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. The said John Haggert, James William Main, Richard Hale Lewis, Roderick Cochrane, Alexander Pattullo, Charles Dawson, William Peaker, and David Lynch Scott, and all other persons who may now or hereafter become subscribers or stockholders in the said company, and all or any other person or persons, body or bodies politic and corporate, who may hold any part, share, or interest in the capital stock of the said company, shall be, and they are hereby constituted a body politic and

corporate

corporate under the name and style of "The Brampton Water Name.
Works Company," and shall by that name have perpetual suc-
cession and a common seal, and by the same name be capable
of suing and being sued in all the courts of justice in this Pro-
vince.

2. The capital stock of the said company shall be twenty Capital stock. thousand dollars, divided into four hundred shares of fifty dollars each; and such capital stock may be increased to any sum not exceeding in the aggregate forty thousand dollars by a vote of at least two-thirds of the shareholders present at any special meeting to be called for that purpose.

streams, etc.

3. The said company, their servants, agents, surveyors and Powers to workmen, may from time to time, and at such times hereafter appropriate as they shall think fit, and they are hereby authorized and empowered to enter into and upon the lands of any person or persons, bodies politic or corporate in the said Village of Brampton, in the Townships of Chinguacousy, Esquesing, and Caledon, and to survey, set out, and ascertain such parts thereof as they may require for the purposes of the said Water Works, and also to divert and appropriate any spring or stream of water thereon as they shall judge suitable and proper; and to contract with the owners or occupiers of the said lands and those having an interest or right in the said water for the purchase thereof or of any part thereof, or of any privilege that may be required for the purposes of the said Water Works; and in case of any disagreement between the said company and the owners or occupiers of such lands, or any person having an interest in the said water or the natural flow thereof, or any such privilege as aforesaid, respecting the amount of purchase or value thereof, or as to the damage such appropriation or diversion shall cause to them, such disagreement shall be settled by arbitration in the manner hereinafter mentioned.

Arbitration.

the company.

dams, water

4. The land and water, or easements, right of way, or pass- Vesting of age, which shall be ascertained, set out, or appropriated by the and, etc., in said company for the purposes of the said Water Works shall thereupon be vested in the said company and their successors; and it shall and may be lawful for the said Power as to company to construct, erect, and maintain upon the said lands, pipes, ete. all such dams, reservoirs, Water Works, and machinery requisite for the said undertaking, and to convey the waters thereto and therefrom, in, upon, or through any of the grounds or lands lying intermediate between the said Water Works and reservoir, and the springs, streams, or rivers, from which the same are procured, and the said Village of Brampton, by one or more lines of pipes as may from time to time be found necessary; and for the better effecting the purposes aforesaid, the said company are hereby empowered to enter and pass upon, and over the said grounds and the lands intermediate as aforesaid, and the same to cut and dig up if necessary, and to lay down

the

Arbitration between the

the said pipes through the same, and upon, over, under and through the highways, railroads, and roads of and in the said Townships of Chinguacousy, Esquesing, and Caledon, and through the public ways, streets, lanes, and other passages of the said Village of Brampton, and in, upon, under, and through the lands, grounds, buildings, and premises of any person or persons, bodies corporate or politic, whatsoever, and to set out, ascertain, use, and occupy such part or parts thereof, as they the said company shall think proper for the making and maintaining of the said works, or for taking up, removing, altering, or repairing the same, and for distributing water to the inhabitants of the said Village of Brampton, or for the uses of the corporation of the said village, or of the proprietors or occupiers of the lands through or near which the same shall pass, and for this purpose to sink and lay down pipes, trunks, reservoirs, and other conveniences; and from time to time to alter all or any of the said works, as well in the position as in the construction thereof, as to the said company shall seem meet, doing as little damage as may be in the execution of the powers hereby granted to them, and making reasonable and adequate compensation to the proprietors of such lands for any damage done in the execution of the said powers, any disagreement between the said company, and such proprietors respecting the amount of such damage to be settled by arbitration in the manner hereinafter mentioned; Provided always, that the said company shall not be liable or compelled to pay for any damage caused to any building or property in introducing piping and other fittings for the service of such building or property alone, when the same has been introduced at the request or with the consent of the owner thereof; Provided always, that upon the application of any person injuriously affected by the work of the said company by the withdrawal thereby of the water from any river, stream or lake, so as to leave an insufficient quantity for the agricultural or other purposes of the proprietors or occupants of the lands through or on which such rivers, streams or lakes may pass or be, the Court of Chancery may grant injunctions to restrain the said company from the use of the water of such river, stream or lake, for such time, and upon such conditions as the court shall direct

5. In case of any disagreement between the said company company and and the owners or occupiers of any lands, water privileges, land owners. springs, streams or easements assumed, appropriated or damaged by the said company under the powers contained in the third and fourth sections of this Act, respecting the amount of the purchase or value thereof, or the damage thereto, caused by the said company, or in case any such owner or occupier shall be an infant, married woman or insane, or absent from this Province, or in case such lands or water privileges shall be mortgaged or pledged to any person or persons, it shall and may be lawful for the Commissioner of Public Works, and the Warden of the said. County of Peel for the time being, upon application being

made

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