evidence, unless its authenticity be called in question on behalf or the Crown. creased value 5. The arbitrators mentioned in the eleventh section of The Arbitrators to Railway Act of the late Province of Canada, headed" lands and consider intheir valuation," in deciding on such value or compensation, are of remaining authorized and required to take into consideration the increas- lands. ed value that would be given to any lands or grounds through or over which the railway will pass by reason of the passage of the railway through or over the same, or by reason of the construction of the railway, and to set off the increased value that will attach to the said lands or grounds, against the inconvenience, loss or damage that might be suffered or sustained by reason of the company taking possession of or using the said lands or grounds as aforesaid. 6. The provisions of this Act shall apply to every railway To what railcompany heretofore, or which may be hereafter incorporated, ways this Aot applies. under the authority of the Legislative Assembly of the Province of Ontario CAP. XXVI. An Act to provide for the construction of Drainage Works, and to authorize the investment of certain moneys in debentures to be issued for the construction of such works. HE [Assented to 2nd March, 1872.] ER Majesty, by and with the advice and consent of the 1. In case the majority in number of the owners, as Municipal shewn by the last revised assessment roll to be resident on Councils may pass by-laws. the property to be benefited in any part of any municipality, do petition the council for the deepening of any stream, creek, or watercourse, or for draining of the property (describing it), the council may procure an examination to be made by an engineer, or other competent person, of the stream, creek, or water-course proposed to be deepened, or of the locality proposed to be drained, and may procure plans and estimates to be made of the work by such engineer or other competent person, and an assessment to be made by such engineer or person of the real property to be benefited by such deepening or drainage, stating as nearly as may be in the opinion of such engineer or person, the proportion of benefit to be derived by such deepening or drainage by every road and lot, or portion of lot: and if the council be of opinion that the deepening of such stream, creek, D for deepening streams, and drainage, for borrowing requisite funds, for levying rate for payment, for providing how assess ment be paid, for ascertain. ing the pro the rate. creek, or water-course, or the draining of the locality described, or a portion thereof, would be desirable, the council may pass by-laws (1.) For providing for the deepening of the stream, creek, or water-course, or the draining of the locality; (2.) For borrowing, on the credit of the municipality, the funds necessary for the work, and for issuing the debentures of the municipality to the requisite amount, in sums of not less than one hundred dollars each and payable within ten years from date, with interest at a rate of not less than five per centum per annum ; (3.) For assessing and levying in the same manner as taxes are levied, upon the real property to be benefited by the deepening or draining, a special rate sufficient for the payment of the principal and interest of the debentures, including a sinking fund for the payment of the principal thereof, and for so assessing and levying the same, as other taxes are levied, by an assessment and rate on the real property so benefited, (including roads held by joint stock companies or private individuals,) as nearly as may be to the benefit derived by each lot or portion of lot and road in the locality: Provided always, that any person whose property has been assessed for such deepening or drainage may pay the amount of such assessment, less the interest, at any time before the debentures are issued, in which case the amount of debentures shall be proportionably reduced; and provided further, that any agreement on the part of any tenant, to pay the rates or taxes of the demised property, shall not apply to, or include the charges or assessments for draining under this Act, unless such agreement shall in express terms mention or refer to such charges or assessments, and as payable in respect of drainage works; but in cases of contracts of purchase or of leases giving the lessee a right of purchase, the said charges or assessments shall be added to the price, and shall be paid (as the case may be) by the purchaser, or by the lessee in case he exercises such right of purchase; (4) For regulating the times and manner in which the assessment shall be paid; (5) For determining, what real property will be benefited by perty liable to the deepening or draining, and the proportion in which the assessment should be made on the various portions of lands so benefited, and subject in every case of complaint, by the owner or person interested in any property assessed, whether of overcharge, or of undercharge of any other property assessed, or that property that should be assessed has been wrongfully omitted to be assessed, to proceedings for trial of such complaint, and appeal therefrom, in like manner as nearly as may be as on proceedings for the trial of complaints, as set forth in the sixtieth sixtieth, sixty-first, sixty-third, sixty-fifth, sixty-sixth, sixtyseventh, sixty-eighth, sixty-ninth and seventieth sections of "The Assessment Act of 1869." 2. Trial of such complaints shall be had in the first instance Court of by and before a Court of Revision, which the Council shall, appeal. from time to time as occasion may require hold, on some day not earlier than twenty nor later than thirty days from the day on which the by-law shall be first published, notice of which shall be published with the by-law during the first four weeks of its publication; and such court shall be constituted and have the powers referred to in sections numbered from fifty-one to fifty-eight, both inclusive, of the said Act; and in Appeal to case of appeal to the judge, junior or acting judge of the County County Judge Court, he shall have the same powers and duties, and the clerks of the Municipality and Division Court respectively, shall have the same powers and duties, as nearly as may be, as contained in sections numbered from sixty-three to seventy, both inclusive, of the said Act. 3. Before the final passing of the by-law it shall be published Notice before once or oftener in every week for four weeks, in some newspaper by-law. passing of in the municipality, or if no newspaper be published therein, then in some newspaper published in the nearest municipality in which a newspaper is published, together with a notice that any one intending to apply to have such by-law, or any part thereof quashed, must make his application for that purpose to one of Her Majesty's Superior Courts of Law at Toronto, during the term next ensuing the final passing of the by-law. informal, if 4. In case no application to quash a by-law be made within By-law to be the time limited for that purpose in the third section, the valid though by-law, or so much thereof as is not the subject of any such ap- not quashed. plication, or not quashed upon such application, shall, notwithstanding any want of substance or form either in the by-law itself, or in the time or manner of passing the same, be a valid by-law. tended into 5. Whenever it is necessary to continue the deepening or When work drainage aforesaid beyond the limits of any municipality, the may be exengineer or other person employed by the council of such mu- other munici nicipality, may continue the survey and levels into the adjoin- palities. ing municipality, until he finds fall enough to carry the water beyond the limits of the municipality in which the deepening or drainage was commenced. 6. When the deepening and drainage do not extend beyond When lands the limits of the municipality in which they are commenced, an adjoining municipality but in the opinion of the engineer or other person aforesaid, may be benefit lands in an adjoining municipality, or greatly improve though works any road lying within any municipality, or between two or not carried more municipalities, then the engineer or other person afore- into such charged, municipality. Report as to pality shall pay. said, shall charge the lands to be so benefited, and the corporation or corporations or company whose road or roads are improved, with such proportion of the costs of the works as he may deem just; and the amount so charged for roads, or agreed upon by the arbitrators shall be paid out of the general funds of such municipality or company. 7. The engineer or other person aforesaid, shall determine which munici- and report to the Council by which he was employed, whether the deepening or drainage shall be constructed and maintained solely at the expense of such municipality, or whether it shall be constructed and maintained at the expense of both municipalities, and in what proportion. Plans, &c. Council of municipality wherein work pality to be benefite... 8. The engineer or other person aforesaid, when necessary, shall make plans and specifications of the deepening or drainage to be constructed, and charge the lands to be benefited by the work as provided herein. 9. The Council of the municipality in which the deepening or drainage is to be commenced, shall serve the head of the Council of the municipality into which the same is to be conbegun to notify munici- tinued or whose lands or roads are to be benefited without the deepening or drainage being continued, with a copy of the report, plans and specifications of the engineer or other competent person aforesaid, when necessary, so far as they affect such last mentioned municipality; and unless the same is appealed from as hereinafter provided, it shall be binding on the Council of such municipality. Council of municipality not begun to pass by-law. 10. The Council of such last mentioned municipality shall, within four months from the delivery to the head of the corwherein work poration of the report of the engineer or other competent person, as provided in the next preceding section, pass a by-law in the same manner as if a majority of the owners resident on the lands to be taxed had petitioned as provided in the first section of this Act, to raise such sum as may be named in the report, or in case of an appeal, for such sum as may be determined by the arbitrators. Council of not begun may arbitration thereon. 11. The council of the municipality into which the deepenmunicipality ing or drainage is to be continued, or whose lands, road, or wherein work roads are to be benefited without the deepening or drainage appeal; being carried within its limits, may, within ten days from the day in which the report was served on the head of the municipality, appeal therefrom; in which case they shall serve the head of the corporation from which they received the report, with a written notice of appeal; such notice shall state the ground of appeal, the name of an engineer or other person as their arbitrator and calling upon such corporation to appoint an arbitrator in the matter on their behalf, within ten days after the service of such notice; and in default thereof it shall be lawful for the council of the municipality appealing therefrom to appoint such second arbitrator, and the two arbitrators so appointed shall forthwith appoint a third arbitrator in the matter: Provided always, that in no case shall the engineer or other competent person aforesaid, employed to make surveys, plans and specifications, or a member or officer of any council concerned, be appointed or act as arbitrator. trator by 12. If after the arbitrators have been appointed as aforesaid Appointment they fail or neglect for the space of six days to appoint a third of third arbiarbitrator, the judge of the county court of the county in which County Judge the municipality appealing is situated, shall within four days after a request in writing made upon him by either of the two arbitrators appointed as above, appoint a third arbitrator. 13. The arbitrators before proceeding to try the matter of the Oath by arbiarbitration shall take and subscribe the following oath (or in trators. case of those who affirm, make and subscribe the following affir mation) before any justice of the peace; which oath or affirmation shall be filed with the award. I, A. B., do swear (or affirm) that I will well and truly try the matter referred to me by the parties, and a true and impartial award make in the premises according to the evidence and my skill and knowledge. So help me God. 14. The arbitrators shall, within ten days after the appoint- Award. ment of the third arbitrator, meet at such place as they may agree upon, and shall then hear and determine the matter in dispute and make their award in triplicate, which shall be binding on all parties; and one copy thereof shall be filed with the clerk of each of the municipalities interested, and one shall be filed with the registrar of deeds for the county in which either of the municipalities is situate. 15. In case of difference between the arbitrators, the decision Decision of of any two of them shall be conclusive. majority of arbitrators. of work after 16. After such deepening or drainage is fully made and com- Repairs and pleted, it shall be the duty of each municipality, in the pro- maintenance portion determined by the engineer or arbitrators, (as the case completion. may be) or until otherwise determined by the engineer or arbitrators, under the same formalities as near as may be, as provided in the preceding sections, to preserve, maintain and keep in repair the same within its own limits, either at the expense of the municipality, or parties more immediately interested, or at the joint expense of such parties and the municipality, as to the council, upon the report of the engineer or other competent person may seem just; and any such municipality neglecting or refusing so to do, upon reasonable notice in writing being given by any party interested therein, shall be compelled by mandamus to be issued from any court of competent jurisdic |