Governor in Council may arrange for the transfer of certain

the local autho

rities.

ACT 12 VICT, CAP. 5.

An Act for the better management of the Public Debt, Accounts,
Revenue and Property.

XII. And be it enacted, That it shall be lawful for the said Governor in Council to enter into arrangements with any of the Municipal or Public Works to District Councils, or other Local Corporations or Authorities, or with any Company in Lower or Upper Canada, incorporated for the purpose of constructing or holding such works, or works of like nature in the same section of the Province, for the transfer to them of any of the Public Roads, Harbours, Bridges or Public Buildings, which it may be found more convenient to place under the management of such local Authorities or Companies, and on the completion of such arrangements, to grant (and by so granting, to transfer and convey) for ever, or for any term of years, all or any of such Roads, Harbours, Bridges, or Public Buildings, to the District or Municipal Council, or other Local Authority or Company with whom such arrangement may have been made (hereinafter called the Grantee,) and upon such terms and conditions, as may have been agreed upon, and that all monies payable to the Province under the terms of any such grant, shall be carried to the credit of the Sinking Fund and form part thereof.

Transfer to be effected by order in council.

such order in

council may contain.

XIII. And be it enacted, That any such grant, as aforesaid, of any of the said Public Works, may be made by order of the Governor in Council, published in the Canada Gazette; and by such Order, any or all of the powers and rights vested in the Crown or in the Governor in Council, or any Officer or department of the Provincial Government, with regard to the Public Work thereby granted, may be granted to and vested in the Grantee to whom the Public Work itself is thereby What provisions granted; and such order in Council may contain such conditions, clauses, restrictions and limitations as may be agreed upon as aforesaid, which, as well as all the provisions of such Order in Council, shall (in so far as they shall not be inconsistent with this Act, and shall not purport to grant any right or power which shall not be immediately before the making of such Order in Council vested in the Crown or in the Governor in Council, or in some Officer or Department of the Provincial Government,) have full force and shall be obeyed, as if they had been contained in this Act, and had made part of the enactments thereof; and any such Order in Council may, with the consent of the alteration thereof Grantee, be revoked or amended by any subsequent Order in Council consent of gran- published as aforesaid; and a copy of the Canada Gazette containing

Revocation or

allowed with

tee, &c.

order.

penalties for

to Public Works.

any such Order in Council shall be evidence thereof, and the consent of the Grantee thereto shall be presumed unless disputed by such Grantee, and if disputed, shall be proved by any copy of such Order in Evidence of such Council on which the consent of the Grantee thereto shall be written and attested by such signature or seal, or both, as would be sufficient to make any Deed or Agreement the Deed or Agreement of such Grantee: Provided always, that nothing in this Act or in any Order Proviso as to in Council to be made under it, shall be construed to exempt any per- offences relative son from any punishment or penalty imposed by any Act or Law, or under the authority of any Act or Law, for any offence relative to any Public Work or Works, but so much of any such penalty as would otherwise belong to the Crown, shall, if it be so provided in the Order in Council, belong to the Grantee under such Order, otherwise it shall belong to the Crown, but this shall not prevent the repeal or alteration. by the Grantee, of any such penalty imposed by the Governor in Council under the authority of any Act, if the power to repeal or alter the same be transferred in the manner aforesaid to such Grantee, or by the Governor in Council with the consent of the Grantee, if such power be not so transferred.

ROAD COMPANIES' ACT EXTENDED.

13 & 14 VIC, CAP. 14.

An Act to extend the Acts for the formation of Companies for constructing Roads aad other Works, to Companies formed for the purpose of acquiring Public Works of like nature.

Preamble.

56, and 12 Vic. cap. 84, extended to companies

Whereas it is expedient to extend the benefit of the Acts hereinafter mentioned, to Companies to be formed for the purpose of acquiring and holding Public Works, or property under the provisions of the Act authorizing the transfer of such Works or property to any such Company or to other parties therein designated: Be it therefore enacted by the Queen's Most Excellent Majesty, &c., That subject to the pro- Act 12 Vic. cap. visions of this Act, the Act passed in the twelfth year of Her Majesty's Reign, and intituled, An Act to authorize the formation of Joint Stock Companies for the construction of Roads and other Works in Upper Canada, and of the Act passed in the year last aforesaid, and intituled, An Act to authorize the formation of Joint Stock Companies in Lower Canada, for the construction of macadamized Roads, and of Bridges and other Works of like nature, shall be and are hereby extended and shall apply to any Company to be formed for the

formed for purchasing public

works under 12 Vic. cap. 5.

Proviso: such

companies not

provisions of the said Acts.

purpose of acquiring for ever or for any term of years, any of the Pubic Roads, Harbours, Bridges or Public Buildings which may be lawfully transferred to any such Company under the Act passed in the year last aforesaid and intituled, An Act for the better management of the Public Debt, Accounts, Revenue and Property, or for the purpose of so acquiring and of improving or extending (or both) any such Public Work, as fully and effectually as if such purpose were expressly enumerated in the said Acts firstly and secondly mentioned respectively, among the purposes for which Companies may be formed under the same, the form of the instrument of association given in the schedules to the said Acts respectively, being varied so as to express that the Company is formed under one of the said Acts as amended by this Act, and for what purpose it is so formed: Provided always, that notliable to certain withstanding any thing in either of the said Acts, no Company to be formed under this Act for the purpose of acquiring any such Public Work as aforesaid (whether with or without the intention of extending the same) shall be liable to be opposed or prevented from acquiring such work or from using and working the same, by any Municipal Council or other party, nor shall the Company be bound to make any report respecting such work to any Municipal authority, nor shall such Municipal authority or the Crown have the right of taking such work at the end of any term of years, but the provisions of the said Acts respectively, as to such opposition and prevention, or to such report, or to the taking of the works and property of the Company by any Municipal authority or by the Crown, shall apply only to the extension of the same beyond the local limits of the work when transferred to the Company; nor shall any of the provisions of the said Acts which shall be inconsistent with any lawful provision or condition in any Order in Council legally made under the Act thirdly mentioned, or with the rights transferred by the same, applying to the Company to which such Order in Council shall relate; but nothing herein contained shall be construed to prevent the reservation in any such Order of the power of taking any such work with or without any such extension, and by the Crown or any Municipal authority, on the terms and Proviso: certain conditions therein to be expressed. Provided always, that the thirtyfifth section of the Act first above cited, and thirty-seventh section of the Act secondly above cited shall respectively apply to Roads, Bridges and other Works transferred to any Company and to the Company to whom the same shall have been transferred in relation to such Roads, Bridges and Works.

sections of the said Acts to apply.

What shall be

the maximum

II. And be it enacted, That the Tolls to be taken by any Company Tolis to be taken to be formed for the purposes aforesaid, on any such Public Work as

company.

aforesaid, not being a Road, shall not be regulated by the provisions of by any such the Acts firstly and secondly mentioned, respectively, but the maximum Tolls to be levied on such work by the Company shall be the maximum Tolls which can be lawfully levied on such work under the Act passed

in the year last aforesaid and intituled, An Act to make better provi- 12 Vic. cap. 4. sion with regard to the Tolls to be levied on the Public Provincial Works, and for other purposes relative to the said Works, unless some lower maximum be fixed (as it may be) by Order in Council transferring the work to the Company or by some further order amending the same, made with the consent of the Company, and the Tolls to be levied on any Road, or on any extension of such other Public Work shall alone be regulated by the Acts firstly and secondly mentioned respectively in the absence of any special provision for lower rates in the Order in Council as aforesaid: Provided always, that no Proviso: as to exemption from Toll on any Road or other Public Work so transferred as aforesaid or on any extension thereof, shall be valid against any Company to be formed under this Act, except such only as can be validly claimed under the Act firstly or secondly mentioned (as the case may be) on works constructed under the authority thereof, unless such exemption from Toll be stipulated (as the case may be) in the Order in Council transferring such Public Work to the Company.

exemptions from

Toll.

favor of parties

certain distance

Town.

III. And be it enacted, That it shall always be lawful for any party Provisions in residing on the line of any Road transferred to any Company or Muni- residing within a cipal Corporation under the provisions of this Act and of the Acts of the limits of therein cited, and within half a mile of the limits of any City or Incor-rated Tow porated Town, to commute with such Company or Municipal Corporation for a certain sum per month to be paid by such party to the Company or Corporation for passing and re-passing through the Tollgate between the residence of such party and the limits of such City or Town, and in default of agreement such commutation may be fixed by arbitration, each party appointing one arbitrator, and the two arbitrators a third, and the decision of any two of such arbitrators being final, and in default of commutation either by agreement of award of arbitration, such Company or Municipal Corporation shall be entitled. to charge such party or his servants and others passing such gate with his carriages or vehicles, horses or cattle, such Tolls only as shall bear the same proportion to the Tolls per mile then charged by the Company or Municipal Corporation to other parties as the distance between the limits of the said City or Town and the residence of the party first aforesaid shall bear to one mile.

IV. And for avoiding doubts, Be it enacted, That the provisions and order in Council conditions of any Order in Council made under the Act thirdly above public work may

transferring any

matters.

extend to certain mentioned, may extend to the mode of adjusting and determining any difference which may arise between the Crown and any Company or Municipal Corporation as to their respective rights under the same, or to the reservation of the right of re-entry by the Crown into possession of any Public Work on the default of such Company or Corporation to perform the conditions agreed upon, and to the vesting in any Sheriff power to give possession of such Public Work to any Public Officer for the Crown, on any warrant under the hand and seal of the Governor to be addressed to such Sheriff, reciting such default and commanding him to give possession to such Officer for the Crown as aforesaid; and that no enactment to be made for the purpose of enforcing the provisions of any such Order in Council as aforesaid, shall be deemed an infringement of the rights of the Company or Municipal Corporation to which it shall relate: but nothing in this section shall prevent the enforcement of the rights of the Crown in any legal manner not inconsistent with the provisions and conditions of any such order in Council as aforesaid.

Proviso: certain powers to be reserved, &c.

to be taken.

V. Provided always, and be it enacted, firstly, That no Road, Bridge, or Public Work shall be transferred to any Company without the reservation of power on the part of the Government to resume the same at any time after the expiration of a period which shall not exceed ten years, on conditions to be embodied in the Order in Council transferring it: and no such Road, Bridge or Public Work shall be sold or leased Proviso: security to any Company for a longer period than ten years: Provided always secondly, That no Road, Bridge or Public Work shall be sold or leased to any Company unless security, real or personal, shall have been given to the satisfaction of the Governor in Council, for an amount equal to per centum of the actual value of such Road, Bridge or Public Work in case of sale, or on the estimated value of such work in case of lease, and such security shall be forfeited to the Crown in case of non-compliance with the conditions of such sale or lease: Provided always, thirdly, That in every instance one of the conditions of the sale or lease of any Road, Bridge or Public Work shall be, that such work shall be kept in thorough repair, and that for all the purposes of such contract, sale or lease, the sufficiency of such repair shall be ascertained and decided on by such Engineer as shall be appointed to examine the same by the Commissioners of Public Works in this Province.

Proviso: condi

tion that the work

shall be kept in complete repair.

ten