As to public roads and na done to the owner thereof and may carry any such line of vigable waters. Telegraph along and upon any of the public roads or highways, or across any of the waters of this Province, by the erection of the necessary fixtures, including posts, piers and abutments, for sustaining the cords or wires of any such line, provided the same are so constructed as not to incommode the public use of such roads or highways, or to impede the free access to any house or other building erected in the vicinity of the same, or injuriously to interrupt the navigation of such waters; but nothing herein contained shall authorize the building of a bridge over any navigable water without the consent of the Governor in Council. Such lines to be within the Canada. 2. In time of war every such line of Telegraph, and in time scope of Chap- of peace any such line of Telegraph, the necessity of which to ter 36 of the the defence of this Province shall have been certified under his Consolidated Stat. of hand and seal by the Commander of Her Majesty's Forces,shall be held to be a work required for the defence of this Province, and for and in respect of which and of any lands required for it, or any lands in which any estate or interest therein, or the possession or use whereof, is required for it, the said Principal Secretary of State shall have all the powers and rights vested in him by An Act respecting lands and real property held or required by the Imperial Government for the military defence of this Province, with respect to lands and other real property which, in his judgment, are wanted for the defence of this Province. Provided always, that the certificate of the Commander of Her Majesty's Forces in this Province, that any line of Telegraph therein described is necessary for the defence of this Province, shall be held to be and have the effect of a certificate under section eighteen of the said Act, of the necessity of taking any lands or real property, or any estate therein, or the possession or use thereof, required for the construction and use of such line of Telegraph;—and any Judge of the Superior Court in Lower Canada, or any Judge of a County Court in Upper Canada, shall, as regards any such land or property within the limits of his jurisdiction, have the power vested in the Governor by the fifteenth section of the said Act, and being satisfied that the previous requirements of that section have been complied with, may, upon the application of the officer or person in charge of the construction of such line or of any part thereof, issue a requisition or order to the Sheriff under the said fifteenth section, and the Sheriff shall act thereon in like manner, and the same shall have the like effect and consequences, as if issued or made by the Governor of this Province; and the signature and seal affixed to any such certificate as aforesaid, and purporting to be those of the Commander of Her Majesty's Forces, and the alleged authority of the officer or person in charge of the construction of such line or part of a line of Telegraph, shall be deemed authentic and admitted without proof, unless the contrary be expressly alleged and shewn. in War Department. 3. Every line of telegraph, and the posts, fixtures and appur- Lines vested tenances thereof, whether standing on lands vested in, or merely in possession of, the said Principal Secretary of State, shall be held to be his property, so far as to enable him to maintain any action with respect to the same, and as regards any offence committed in respect thereof, as fully as if the absolute property of such land were vested in him; and he shall be held to be the party aggrieved by any injury thereto. strued with 4. The foregoing provisions shall be construed as forming Act to be conone Act with the Act herein first above cited, and all the powers Chap. 36 Con. hereby vested in the said Principal Secretary of State may be Statutes exercised by his deputies under said Act; and all words and Canada. expressions shall have the same meaning in this Act as in the said Act. used in aid of 5. Any power vested in Her Majesty by any Provincial Act Certain of assuming either temporarily or permanently the possession of powers may be any line of telegraph within this Province, or any preference to Military which Government messages or despatches are entitled on any authorities. such line, may, with the sanction of the Governor in Council, be exercised by the said Principal Secretary of State on behalf of Her Majesty, and any power vested in the Commissioner of Public Works may, with the like sanction, be exercised in aid of the said Principal Secretary of State, in respect of any such line of telegraph, as if it were one of the Public Works of this Province. 6. The twenty-first, twenty-second and twenty-third sections Provisions for of An Act respecting Electric Telegraph Companies, chapter protection of Telegraphs. sixty-seven of the Consolidated Statutes of Canada, and all Count. Caother Acts and provisions of law for preventing or punishing nada, c. 67. malicious injuries to any line of electric telegraph, shall apply to any offence committed with respect to any line of telegraph constructed under the authority of this Act. See the sections referred to above, under Title VII, post. 29 VICT. CAP. 7. An Act to extend and amend the Acts respecting Public Works, to and with respect to Works connected with the Defence of the Province. [Assented to 18th September, 1865.] W HEREAS it is necessary to amend the chapter twenty- Preamble. eight of the Consolidated Statutes of Canada, respect- Con. Stat. ing the Public Works, and the Act twenty-fourth Victoria, Can. c. 28; chapter four, amending the same, so as to extend the same to works required for the defence of the Province, and also to V. c. 4. Works for defence to be amend the Act chapter thirty-six of the said Consolidated Statutes, respecting lands and real property held or required by the Imperial Government for the Military defence of this Province: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: C. S. C. c. 28 and 24 V. c. 4 are superseded by 31 V. c. 12, see that Act post. C. S. C. c. 36 is printed ante pp. 461-477. 1. All works connected with the defence of this Province. Public Works shall be Public Works within the meaning of the tenth section within the said of the Act first cited in the Preamble of this Act, and the said Act and the Act secondly cited in the Preamble, shall apply to such works as if they had been mentioned in the said section, subject to the provisions of this Act. Acts. Clearance rights. Powers of extended to in for defensive purposes. How amount of compensa tion for lands subjected to clearance 2. The powers of the Commissioner of Public Works, and all the provisions of the Acts firstly and secondly cited in the preamble to this Act, not inconsistent with this Act, shall exCommissioner tend to the demolition or removal of all such buildings, walls, respect of woods, trees, fences or other obstructions, natural or artificial, lands required and to the filling up of such hollows, natural or artificial, as would, in the opinion of the engineers, civil or military, employed on any such work as is mentioned in the next preceding section, impair the effect of such work, and being on any lands within a distance not exceeding two miles from such work, without acquiring the land itself, and to the preventing the construction or existence of any such obstruction thereafter; and if the owner or occupier of any such land refuses or fails to agree with the Commissioner as to the compensation to be paid for the exercise of any powers hereby given, the Commissioner may tender a reasonable compensation in his estimation for the same, with notice that the question will be submitted to the Official Arbitrators mentioned in the Acts firstly and secondly cited in the preamble to this Act; and in such case, at any time within three days after such tender and notice, the Commissioner may enter upon such land and cause the work menobstructions. tioned in such notice to be performed, and may, at any time or times thereafter, again enter upon such land after like notice, and remove any such obstruction as aforesaid, so as to restore such land to the state in which it was after the performance of the work mentioned in the first notice; and the compensation agreed upon, or awarded by the said Arbitrators, shall include owner's fault. the exercise of the power last mentioned, and if the renewal of any such obstruction has been caused by the fault of the owner of the lands, or of those through whom he claims, the cost of removing it may be recovered from him by the said Commissioner. rights shall be ascertained. Power to reenter to remove Costs if renewal of obstruction be Limitation of 3. The right of entry given by the next preceding section right of entry. shall be so exercised that the work may be completed within six months from the giving of the notice thereof, and not afterwards, except after new notice. the War De missioner of 4. Her Majesty's Principal Secretary of State for the War Same powers Department shall have the same powers and rights with regard conferred on to the taking or taking possession of lands or materials required partment, as for any work connected with the military defence of the Pro- vested in Comvince, and with regard to lands required to be cleared and kept Public Works. clear of obstructions as aforesaid, as are vested by the preceding sections of this Act and the Acts therein cited, in the Com missioner of Public Works; and the price to be paid for such Compensation lands or the compensation to be paid for the exercise of such determined. powers and rights, if not agreed upon by the parties, shall be determined by the said Official Arbitrators in the manner provided by the Acts firstly and secondly cited in the Preamble to this Act, and subject to the provisions thereof, except that the testimony of witnesses shall not be taken down in writing. how to be exercised 5. The powers vested by this Act in the Commissioner of Powers only Public Works and in the said Principal Secretary of State, only with resrespectively, shall be exercised only in respect of lands, the pect to lands necessity of acquiring or taking which for the defence of the duly certified to be required Province has been or shall be certified by the Commander of for defence. Her Majesty's Forces in this Province, under his hand and seal, or with respect to which he shall have certified in like manner that the exercise of any other of such powers is necessary for such defence, unless the consent of the owner of the lands And if by has been obtained or an enemy has actually invaded this Pro- Commissioner vince; nor shall any such power be exercised by the Com- Works. missioner of Public Works, except with respect to such works as shall be designated for the purpose by the Governor in Council. of Public ance to the 6. If, in any case where the said Principal Secretary of State Proceeding■ in has given the requisite notice, any resistance be offered or feared case of resistto his taking possession of the lands mentioned in such notice, taking possesor to his entering thereon and performing the work mentioned sion. in such notice, then on application on behalf of the said Principal Secretary of State, any Judge of the Superior Court in Lower Canada, or any Judge of the County Court in Upper Canada, may command the Sheriff of the district, county, or place where the lands lie, to put the said Secretary of State in possession thereof, or to enforce such right of entry, which such Sheriff, taking with him sufficient assistance, shall accordingly do. under Con. determined by 7. So much of the Act thirdly cited in the preamble to this Compensation Act, as requires any Sheriff to summon a jury to enquire of for lands taken and determine, or as authorizes any jury to enquire of and de- Stat. Can. cap. termine the price or compensation to be paid by the said Prin- 36, to be cipal Secretary of State, for the absolute purchase or for the Official Arbipossession or use of any lands or real estate, of which such trators, except Sheriff has put or shall put the said Principal Secretary of State into possession, is hereby repealed as to any case in which the Jury has not been summoned at the time of the passing of this Act, but not as to any case in which a jury has been sum in certain cases. Sheriff to return his doings to arlitrators. Recital. Con. Stat. Can. cap. 36, sec. 21, repealed, sion substitut ed. Notice of entry upon lands ed from. under this Act. moned and has sat but has been discharged without rendering a verdict; and such price or compensation shall be enquired of and determined by the Official Arbitrators aforesaid, (whose award shall stand in the place of the verdict of a Jury for all the purposes of the said Act,) in the manner prescribed by and subject to the provisions of the Acts firstly and secondly cited in the Preamble to this Act, except that the testimony of witnesses shall not be taken down in writing; and the Sheriff who has given or shall give possession of any lands or real property to the said Principal Secretary of State shall certify to the Official Arbitrators his doings in that behalf when by them required so to do. By 31 V. c. 12 8. 51, post page 528, this Act is to be construed as referring to that Act, and to the Arbitrators therein mentioned, instead of the Arbitrators mentioned in this Act. 8. And inasmuch as the twenty-first section of the Act thirdly cited in the Preamble to this Act applies only to the case where the party conveying any property to the said Principal Secretary of State could not have legally conveyed the same without the said Act, or has not the absolute interest therein, and not to the case where there are merely hypothecs or incumbrances on such property, and the ordinary proceedings for confirmation of title cannot be applied in such case; therefore the said section is hereby repealed, and the following section shall be substituted therefor, and shall be read as part of the said Act as hereby amended: The section referred to relates only to Quebec. 9. The said Principal Secretary of State may desist from may be desist any notice given under this Act or the fifteenth section of the Act thirdly cited in the Preamble to this Act, and may give new notice either for the same or any greater or less extent of lands; Notice under any notice given under the said section before the passing of Con. Stat. this Act shall be held to be a sufficient notice to enable the Can. c. 36, good said Principal Secretary of State to take or to be put into possession of the lands therein mentioned, either under this Act or under the said section, and to refer the question of price to the said Official Arbitrators; no notice of entry to survey shall hereafter be requisite under the said Act, but the said Principal Secretary shall have the same powers as the Commissioner of Public Works to make surveys; any written offer made by the said Principal Secretary of State to pay any sum of money, shall be held to be a legal tender thereof; and the said Principal Secretary of State shall not be bound to give security in any case of appeal or other proceeding. No notice for survey re- Change in land after no 10. No change in the ownership of any real estate after notice ownership of under this Act or the Act thirdly cited in the Preamble to this tice given, not Act, that such real estate is required for the defence of the to affect pro- Province, shall affect the said notice or the proceedings conseceedings. |