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for all the purposes of this Chapter to be in lawful and exclusive occupation and possession of the said grounds and enclosures for the protection thereof.
5. All repairs, improvements and alterations made in the Provincial Lunatic Asylum, and any new building or work connected therewith, shall be made by and under the con. trol and supervision of the Board of Works.
6. The Chief Commissioner shall annually make a Report to the Governor in Council of all the Great Roads, and any other Provincial work upon which public money is expended for the purpose of being laid before the Legislature, with a detailed account of the expenditure of the past year, and the amount required for the next year, specifying the objects thereof.
7. The Board may employ the necessary officers and servants, to be approved of by the Governor in Council, who shall define their duties and fix the compensation for their services.:
8. The Board may require the attendance of any person as a witness, and examine him on oath touching any matter over which they have control, or relating to the expenditure of any public money thereon, and may require the production of any books, papers or things relating thereto. If any person, on being tendered his reasonable expenses, neglect to attend the summons of the Board, or any member thereof, he shall be subject to a fine not exceeding forty dollars, with costs to be taxed by the Judge, for every neglect or disobe. dience of the summons, which any Judge of the Supreme Court may impose on the application of a member of the Board, and on proof before such Judge that the person had due notice in writing, and was tendered his reasonable expenses, unless he shews sufficient excuse for non-attendance to the satisfaction of the Judge. If he neglect to pay the fine, the Judge may, by warrant under his hand directed to any Sheriff, commit him to gaol for any term not exceeding thirty days, unless the fine be sooner paid with costs.
9. All fines collected under the authority of this Chapter shall be paid to and accounted for by the Chief Commis sioner.
10. The Chief Commissioner may administer an oath to any person accounting to the Board or giving evidence, if the Board deem it necessary for the public interest.
11. The Chief Commissioner shall, in addition to any power conferred by this Chapter, have all the power and authority of a Supervisor of Great Roads.
12. All moneys received and expended by the Board shall be accounted for in the same manner as other public moneys.
13. The Governor in Council shall by Warrant on the Treasury in favor of the Chief Commissioner, draw. any moneys requisite to pay the necessary expenses of the Board.
14. All contracts made by the Chief Commissioner shall be made in the name of Her Majesty.
15. No member of the Board, except the Chief Commissioner, shall receive any salary or compensation for his services as such.
16. The Chief Commissioner shall receive the annual salary of two thousand dollars, payable quarterly by Warrant of the Governor in Council on the Treasury.
17. The Chief Commissioner and his agents, or any contractor for any public work in this Province, carried on by contract with or under the direction of the Chief Commissioner of Public Works, or any of his agents and workmen, may at any time enter upon any licensed Crown Land and take there from all timber, stone, or other material which he or they may find necessary for the construction, maintenance and repair of any public works, or may lay any materials or things upon any such lands; and the said Chief Commissioner and his agents, or any such contractor, his agents and workmen, may make and use all such temporary roads to and from such timber, stone or other material required by him or any of them, for the convenient passing to and from the works during their construction and repair, for which compensation shall be made at the rate agreed upon, or appraised and awarded as hereinafter provided.
18. The compensation agreed upon between the parties, or appraised and awarded in the manner hereinafter set forth shall be paid for such timber, stone or other material, or for the damage caused by the taking or removal thereof, to the licensee of such land, within three months after the amount of such compensation has been agreed upon, or appraised and awarded.
19. The Gorernor in Council may from time to time, on the application of the Chief Commissioner or of any such contractor, or of any licensee of any Crown Land who may have suffered any damage as aforesaid, appoint three persons, who shall be arbitrators and appraisers between the said parties, and who shall arbitrate on, appraise, determine and award the sum or sums which shall be paid to any person for any property taken for any public work, or for loss or damage caused by such taking, and with whom the Chief Commissioner or contractor has not agreed or cannot agree, and every arbitrator shall receive the remuneration fixed in the Schedule to this Chapter.
20. The said arbitrators shall take before some Justice of the Peace, the following oath :-“I, A. B., do swear that I will well and truly hear, try and examine into such claim as shall be submitted to me for property taken for the use and purposes of (as the case may be), or for any loss or damage caused by such taking, and I will give a true judgment and just award thereon, to the best of my knowledge and ability.-So help me God."
21. If any person or body corporate has any claim for property taken, or for alleged direct or consequent damage arising from such taking for any public work as aforesaid, such person or body corporate shall give notice in writing of such claim to the Chief Commissioner or contractor, stating the particulars thereof, and how the same has arisen ; and thereupon the Chief Commissioner or contractor may at any time within thirty days after such notice, tender what he considers a just satisfaction for the same, with notice that the said claim will be submitted to the decision of arbitrators to be appointed under this Chapter, unless the sum so tendered is accepted within ten days after such tender, which shall be deemed to be legally made hy any written authority for the payment of such sum, given under the hand of the Chief Commissioner, or in any current money of the Dominion.
22. Before any claim under this Chapter shall be arbitrated upon, the claimant shall give security to the satisfaction of the arbitrators to be appointed as aforesaid, for the payment of the costs and expenses incurred by the arbitration, in the event of the award being against such claimant, or of its not exceeding the sum so tendered as aforesaid.
23. No claim for any property alleged to have been taken for any public work, or for any damage occasioned directly
or indirectly by such taking, shall be submitted to arbitration under this Chapter, unless such claim and the particulars thereof be delivered to the Chief Commissioner or contractor within six calendar months next after the loss or injury complained of.
24. No action or suit at law or in equity shall be brought by any person against the Chief Commissioner or any contractor for any public work for any property taken from any licensed Crown land, or for any loss or damage sustained thereby.
25. The arbitrators may, by summons or order in writing signed by them or any one of them, fix the time and place for the attendance of the parties interested, and may in like manner command the attendance of all witnesses or the production of any document required by any of the parties, and may swear the witnesses to testify truly respecting the matters on which they are to be interrogated; and the disobedience of any sv.ch summons or order, or neglect to attend and produce such document, shall subject the party disobeying, neglecting, or refusing, to a penalty of not less than four dol. lars nor more than twenty dollars, to be recovered before any Justice of the Peace, and levied under the warrant of such Justice by distress and sale of the goods and chattels of the offender, unless he shew reasonable cause for such disobe. dience, neglect, or refusal.
26. The arbitrators shall deliver to the Chief Commis. sioner or contractor, and to the claimant, a copy of their award within one month after they have agreed to the same.
27. If the sum awarded in any case is greater than the sum tendered, the Chief Commissioner or contractor shall pay the costs of arbitration, but if the same or less, the costs shall be paid by the person who refused the tender; and in case no tender shall be made, and the award is in favour of the claimant, then the costs shall be paid by the Chief Commissioner or contractor, which costs shall be agreeable to the scale in the Schedule to this Chapter.
28. Whenever the Railway line of any Company crosses a highway on a level, it shall be in the power of the Chief Commissioner, if in his opinion there is danger to the persons travelling upon the highway from the running of the
trains upon such Railway, to require that any of the following steps be taken by the Company :(1) That the approach of all trains be made known by
signal or whistle in the manner prescribed by the
Chief Commissioner; (2) That the train be slowed while crossing the highway
to the degree prescribed by the Chief Commissioner ; (3) That a person be stationed at such crossing to an
nounce the approach of all trains; (4) That a swing gate be placed across the Railway line,
so constructed that when open it shall cross the highway, and which shall remain closed except upon the approach of a train, when it shall be opened until the train passes, and which shall be opened and closed by
a person employed by the Company. 29. The third and fourth of the above steps shall only be required to be taken when it is found by the Chief Commissioner that the Company neglect the observance of the first and second steps when ordered to take the same as aforesaid.
30. The Chief Commissioner shall, in writing, notify the Company of what shall be from time to time required of it; and notice given to the President or Manager, or any Director of the Company, shall be considered as notice to the Company.
31. If the Chief Commissioner shall require a gate to be placed at such crossing, or a person to be employed as provided by Section twenty eight, and if the Company, after notice as aforesaid, do not obey the same, the Commissioner shall have power to erect such gate, and employ a person to attend the same, or to give the signal as aforesaid, and the expenses incurred thereby may be recovered by the Chief Commissioner in any Court of competent jurisdiction in an action against the Company, or against any local Manager thereof in case the head office of the Company is not within the Province.
. 32. In construing that part of this Chapter from the seventeenth Section to thetwenty seventh Section, both inclusive, the term “Contractor" shall include any sub-Contractor, and the term “Chief Commissioner” shall include any Supervisor or Bye Road Commissioner,