tender, shall be borne by the plaintiff, and the plaintiff in such case shall receive no costs, for any proceedings subsequent to such tender. In estimating CXCVII. And be it enacted, That as well the arbitrators as the to take into con- jury, in estimating the damages or compensation in any such submisto be derived by sions or actions, shall take into consideration any benefit or advantage damag juries sideration ben fit plaintiff from widening of Road, &c. 16 Vic., cap. 181. and Villages, to cause any Commade through any land. Proviso: mode of sation (by Arbi which the plaintiff shall or may derive from the opening, widening or diverting any such road, street, or other public thoroughfare, and deduct the same from the damages or compensation; and in case the said benefit to be derived from the said opening, widening, or diverting such road, street, or public thoroughfare, shall be greater than the damages which shall be found to arise from the taking of such land or other real property, the award or verdict shall be for the defendant. [XXXV. And be it enacted, That the Municipal Corporation of any incorporated Village, Town or City, shall have full power and authority Cities, Towns to cause any Common Sewer or Drain which they may consider neceshave authority to sary for the health, cleanliness or convenience of the inhabitants of mon Sewer to be such Village, Town or City or of any part thereof, to be opened, made and kept in repair, aud for that purpose to take without the consent of the owner, and without such consent to enter upon, trench, and break up, any land or property which they might without such consent take for opening a new street, and to lay upon such land all materials and implements and perform all such work as may be necessary for opening, making or keeping in repair any such Common Sewer or Drain as aforesaid, or any part thereof; Provided always that upon the passing settling compen of any By-law by any such Municipal Corporation authorising the tration) to be opening, making or repairing of any such Common Sewer or Drain, so paid to the owner as to cause the same to go through or be placed upon, or to render it necessary that the said Municipal Corporation should take, enter upon, or use the land or other real property of any person or persons, it shall and may be lawful for the person or persons who own such property to name an Arbitrator and give notice thereof in writing to the Clerk of such Corporation, and the Head of the Corporation shall within three days after such notice name an Arbitrator on behalf of such Corporation, and give notice thereof to the person or persons owning the said property, and appointing such Arbitrator as aforesaid, and every such notice shall express clearly what powers the said Corporation intend to exercise in respect to the land or real property (describing it) of the person or persons to whom it is addressed; and the two Arbi trators shall within three days thereafter appoint a third Arbitrator, and the said three Arbitrators or a majority of them shall have power to determine upon and award the amount of damages (if any) to be paid to such person or persons as aforesaid, and their award shall be binding on such person or persons and on the said Corporation respectively, so as such award be made within one calendar month after the appointment of the third Arbitrator as aforesaid: Provided always, Proviso: Award nevertheless, firstly, that every such submission and award shall be to be subject to subject to the jurisdiction of the Superior Courts of Common Law at Superior Courts of Law. Toronto, in the same manner and to the same extent for all purposes of the laud. Award. MISCELLANEOUS PROVISIONS. power, Proviso: What award. may be brought whatsoever, as if there had been a submission of the matters in difference by bond between the parties containing an agreement that such submission should be made a Rule of Court; And provided also, secondly, that such award shall cover only such damages (if any) as must, in the dam ges shall be opinion of the Arbitrators making the same, necessarily result to the covered by the owner or owners of the land in question, from the exercise by the Corporation of the powers mentioned in the notice given to such owner or owners as aforesaid, and the Arbitrators may, if they think proper, define and describe the nature of the damage which must in their opinion necessarily result from the exercise of such powers, or may damages may be reserve the right of such owner or owners for any further damage of Any further any kind to be mentioned in such award, or may in any other way recovered. which they may think conducive to justice, define the damages intended to be covered by the award, or those for which (should they occur) the said owner or owners will be entitled to recover further damages; and if any damage not covered by such award should thereinafter be suffered by the owner or owners of such property, or by the finding of the Jury as hereinafter provided, whether by reason of the exercise by the Corporation of the powers which in such notice as aforesaid they shall have such owner further any declared their intention to exercise, or of or owners shall be entitled to recover the amount of such damages from the said Corporation, notwithstanding the payment of the sum awarded by the said Arbitrators, or found by such Jury: And provided also, thirdly, that if the Head of such Corporation shall neglect to Proviso: action appoint an Arbitrator for the Corporation within such time as afore- by owner, in case said, or the said two first mentioned Arbitrators shall be unable to of failure of apagree upon and appoint a third as aforesaid, or the said three bitrator or third Arbitrators or the majority of them shall be unable to agree, or shall not agree upon an award within the time aforesaid, then and in every such case it shall be lawful for such person or persons so interested as aforesaid, to institute a special action on the case at law against the Municipal Corporation by which such By-law shall have been passed, and such action shall be sustainable whether any entry shall be made under such By-law or not, or whether any use shall be made of such property under such By-law or not, and if no such entry or use other than for the purposes of survey shall be proved at the trial of such action, then the Judge who shall try the same shall certify the want of such proof upon the record, and in such case it shall or may be lawful for such Municipal Corporation, at any time after such trial, and until four calendar months after the repeal By-law, rendering of judgment upon such verdict, to repeal such By-law, or so &c., during a much thereof as relates to or affects the property in question, and to pay costs only. withdraw the notice given to the owner or owners thereof, and to tender and pay to the Plaintiff in such action, or to the Plaintiff's Attorney the taxed costs of the said Plaintiff in such action, and from or after such tender or payment, the Municipal Corporation against whom such action shall be brought, shall be discharged from the damage which shall be assessed in such action, and the land or other real property aforesaid shall be and remain as if no such By-law had been passed; and no entry or other use of such land or other real property for the purposes of such first mentioned By-law, shall be lawful after pointment of Ar Arbitrator, &c.. Corporation may certain time and the assessment of such damages by the Jury, until the amount of the damages assessed and the costs of the Plaintiff in such action shall have been levied by the Sheriff, or paid or discharged or lawfully tendered to the Plaintiff or the Attorney for the Plaintiff in such action; and Jury may deter the Jury trying any such case may give a special verdict defining the arbitrators) what damages which such verdict shall or shall not cover, as herein before provided with respect to the award of Arbitrators, and in such manner as they shall deem most conducive to justice as regards both parties to the action.] mine (like the damages the sum awarded cover. 16 Vic., cap. 181, sec. 36. Corporations, trustees, &c., nicipalities, taken without with notices, &c., [XXXVI. And be it enacted, That it shall be lawful for all Corporations and persons whatsoever, tenants in tail or for a life or lives, tenants in tail, guardians, committees, and trustees, not only for and on behalf of may convey any themselves their heirs and successors, but also for and on behalf of property to Mu- those whom they represent, whether infants, issue unborn, lunatics, which could be idiots, femmes couvert, or other person who shall be seized, possessed consent of owner, of or entitled to or interested in any lands or real property which under or may be served the next preceding sections, or any provision or enactment of the Upper in respect thereof. Canada Municipal Corporation Acts, or any of them, may be taken by any Municipal Corporation without the consent of the owner thereof, to contract for, sell and convey to such Municipal Corporation such land or real property or any part thereof or to agree with such Corporation for the sum to be paid for the damages arising from the exercise of any power by such Municipal Corporation in respect of such land or real property which could be exercised by such Corporation in respect of the same without the consent of the owner thereof, or to be validly served with any notice from such Municipal Corporation in respect of the taking of such land or other property, or the exercise of any such power as aforesaid in respect of the same under any Bylaw, and to appoint any Arbitrator who ought to be appointed, or to bring any action which may lawfully be brought, in respect of such land or real property and in consequence of such By-law or notice; and if in any case there be no person who can act as aforesaid in respect person who can of any such land or other real property, then it shall be lawful for the convey the pro- Judge of the County Court for the County in which such land or property is situate, to appoint a person to act in respect of the same, under this section, on the application of the Municipal Corporation; and any contract, agreement, sale, conveyance, assurance or appointment to be made, and any thing done in any such action under the provisions of this section shall be valid and effectual in law to all intents and purposes whatsoever, and any Corporation or person acting under the authority of this section, is hereby indemnified for what he or it shall do in pursuance thereof; Provided always, that in any such case as aforesaid, when the &c., to be valid. party conveying such land or other real property, or appointing such Arbitrator, or bringing such action as aforesaid,has not the absolute estate in such land or other real property,the sum agreed upon or awarded to be paid for the same or for any damages thereto, shall not be paid to such party; but the interest thereof only at 6 per cent per annum, shall be only to be paid so paid, and the principal shall remain in the hands of the Municipal inginerie Corporation, to be paid to the party entitled to the absolute estate in such lands or real property whenever such party shall claim the same and execute a valid acquittance therefor, unless such Municipal Corpo If there be no perty. Conveyances. Proviso, interest to party convey cases. of a Court of bound to see to chase money to ration shall in the meantime be directed by the Court of Chancery, or Unless by order other Court having equitable jurisdiction in such cases, to pay over the Equity. same to any party, which direction such Municipal Corporation shall obey; and such Municipal Corporation shall not be bound to see to Municipality not the application of any interest paid as aforesaid, or of any sum paid trust. under the direction of the Court of Chancery or other Court as aforesaid; Provided always, that all sums of money agreed upon, or Proviso: purawarded under the two next preceding Sections, (sec. 34 and 35, 16th be subject to the Vic. cap. 181,) or this section, as the price of, or as compensation for same claims as damages to any land or other real property, shall stand in the place thereof, and shall, whether in the hands of the Municipal Corporation, or of any party to whom the same shall have been paid, be subject to all such limitations and charges to which such land or other real property was subject, and from which the Municipal Corporation shall be discharged.] the land. be authenticated ration, signature, Effect of certified CXCVIII. And be it enacted, That all By-laws made and passed All By-laws to by any Municipal Corporation under the authority of this Act, shall be by seal of Corpoauthenticated by the Seal of the Corporation, and by the signature of &c. the Head thereof, or of the person presiding at the meeting at which the same shall have been made and passed, and also by that of the Clerk of such Corporation; and any copy of any such By-law, written without erasure or interlineation, sealed with the Seal of the Corpora- copies. tion, and certified to be a true copy by the Clerk, and by any member of such Corporation for the time being, shall be deemed authentic, and shall be received in evidence in any Court of law or equity in this Province, without its being necessary to prove such seal or signatures, unless it shall be specially pleaded or alleged that the same or any of them are forged or counterfeit; and all debts, bonds, obligations and Bonds, &c., how other instruments to be executed on behalf of any Corporation erected sealed, &c. or to be erected by or under this Act, shall be valid if sealed with the Seal of the Corporation, and signed by the Head of such Corporation, or by such other person as shall by any By-law to be passed in that behalf, be authorized to sign the same on the behalf of the Corporation. to be signed and to be kept in open to the Pub CXCIX. And be it enacted, That the originals or certified copies of Original By-laws all By-laws and regulations made by any Muricipal Corporation under Clerk's Office and the authority of this Act, and of all minutes of the proceedings of any lic, &c. such Corporation shall be kept in the office of their Clerk, and shall be open at all seasonable times and hours to the inspection of the public; and the said Clerk shall be bound to furnish copies thereof at the rate of six pence currency per hundred words, or at such lower rate as the Corporation shall appoint; and all meetings and proceedings of any Meetings, &c., to such Corporation shall be held openly, and so that no person shall be be public. prevented from being present thereat, except only when the public in As to copies. cap. 64, sec. 10. may be establish 13th & 14th Vic., [X. And be it enacted, That it shall be lawful for any of the Municipal Councils of the several Counties and Union of Counties in Upper Lock-up houses Canada, to establish a Lock-up-House in any Town, Incorporated ed by County Village, or Police Village, within the Jurisdiction of such Municipal to certain provi- Council, and to establish and provide for such salary or fees to be paid sions, and in cer- to the Constable to be placed in charge of every such Lock-up-House, Councils, subject tain places. Proviso. Proviso. 4 W. 4, c. 4. Corporations of gaols, &c., of situate, to pay to of such Counties said Gaols, &c., tion-to be settled case of disagreement. as they may deem just and reasonable, and to direct the payment of such salary out of the funds of such County or Union of Counties; and that every such Lock-up-House shall be placed in the charge, and keeping of a Constable to be specially appointed for that purpose by the Magistrates of such County or Union of Counties, at any General Quarter Sessions of the Peace for the same; and such Constable shall be resident in such Town or Village, and be one of the Constables of such Town or of the Township in which such Village may be situate; Provided always, nevertheless, firstly, That nothing herein contained shall affect any Lock-up-Houses established under the Laws heretofore in force respecting the same, but every such Lock-up-House shall be and continue a Lock-up-House within the meaning of this section although not in any such Town or Incorporated or Police Village as aforesaid; And provided also, secondly, That parties summarily convicted before Magistrates under the provisions of the Act of the Parliament of the late Province of Upper Canada, passed in the fourth year of the Reign of His late Majesty King William the Fourth, chaptered four, and intituled, An Act to provide for the summary punishment of petty trespasses and other offences, may, in the discretion of the committing Magistrate or Magistrates be committed to the nearest Lock-up-House in the County or Union of Counties in which the conviction took place, instead of being committed to the Common Gaol of such County or Union of Counties.] CC. And be it enacted, That so long as any City or Town erected or to be erected under the authority of this Act, shall use or continue to use the Court House, Gaol, and House of Correction of any County whereof they are within the limits or on the borders whereof such City or Town shall the Corporations be situate, or any of them, the Municipal Corporation of such City or for the use of the Town shall pay to the Municipal Corporation of such County, such a fair compensa-annual sum of money for the same as shall be mutually agreed upon by arbitrators in between them as a fair compensation for the use of such buildings or any of them, and in the event of such Corporations being unable to agree as to the amount of such compensation, then the same shall be settled by the award of three arbitrators, or the majority of them, to be appointed as follows, that is to say: one by the Municipal Corporation of such City or Town, another by the Municipal Corporation of such County, and the third by such two arbitrators thus appointed, or in the event of such two arbitrators omitting to appoint such third arbitrator within ten days next after their own appointment, then by the Governor of this Province in Council, and the amount so settled shall be deemed a debt due by the Municipal Corporation of such City or |