paid to the owner or owners of the property so taken or damaged by the company. R. S. O. 1877, c. 157, s. 83.

awarded to be

96. The sum or sums of money so awarded shall be paid When sums within three months after the date of the award, and in default paid. of such payment the proprietor may resume the possession of his property, with all the rights appertaining thereto. R. S. O. 1877, c. 157, s. 84.

in case of

97. In the event of either the company or the owner of the How arbitraproperty failing to appoint an arbitrator, after eight days' tors appointed notice from one of the said parties to the other, or of the said neglect. two arbitrators failing to appoint a third, the Judge of the County Court of the county within which the property lies may appoint a third arbitrator, and the decision of the three arbitrators, or a majority of them, shall be binding on all parties concerned. R. S. O. 1877, c. 157, s. 85.

MUNICIPALITIES ACQUIRING WORKS FROM COMPANIES.

works of

therefor.

98. In case a by-law is passed with the assent of the rate- Municipalities payers declaring that it is expedient in the interest of any city, may acquire town or village to acquire the works of a company, incor- company on porated on or after the 10th day of March, 1882, for payment the purpose of supplying such city, town or village with gas or water, the corporation may thereupon, by its officers, take possession of the works of the company and all property used in connection therewith for the purposes of supplying gas or water, whether the works and property, or any of them, are within or without the municipality, and shall pay therefor at a valuation to be determined by arbitration in accordance with the provisions of The Municipal Act, subject Rev. Stat. c. to the provisions hereinafter contained. 45 V. c. 18, s. 3.

184.

99. The arbitrators in determining the amount to be paid Mode of comfor such works and property shall first determine the actual puting value. value thereof, having regard to what the same would cost if the works should be then constructed, or the property then bought, making due allowance for deterioration, wear and tear, and making all other proper allowances, and shall increase the amount so ascertained by ten per centum thereof, which increased sum the arbitrators shall award as the amount to be paid by the corporation to the company, with interest from the date of their award. 45 V. c. 18, s. 4.

100. The amount shall be paid within six months from Time within the date of the award, and the council of the municipality which amount to be paid. shall thereupon take all requisite steps for providing the amount; and it shall not be necessary to submit to the vote of the electors, any by-law passed for the issue of debentures in order to raise the amount. 45 V. c. 18, s. 5.

Council may

take proceed ings to determine value

without first obtaining assent of electors.

Amount may be settled by agreement.

If amount not paid, rights of company to revive.

Existing com

panies may

bound by

101. The council of the corporation may, if it thinks fit, without submitting the question to the vote of the electors, take the proceedings authorized by section 98 of this Act for determining the amount to be paid for such works and property, upon notice to the company that the corporation intends. to acquire the works and property by arbitration, under the provisions of this Act; but in such case, the by-law for raising money to pay therefor shall be submitted to the vote of the electors, and until the by-law is finally passed, the corporation shall not, unless by consent of the company, take possession of the works or property; and in the event of the by-law not being passed the corporation shall indemnify the company for all costs the company has been put to in and about the arbitration. 45 V. c. 18, s. 6.

102. The council and the company may, if they think fit agree as to the amount to be paid for the works and property, or any of them. 45 V. c. 18, s. 7.

103. In case the amount awarded, or agreed to be paid, to the company, is not paid within six months after the time at which it is payable, the company may resume possession of their works and property, and all their rights in respect thereof shall thereupon revive. 45 V. c. 18, s. 8.

104. Any company incorporated before the 10th day of consent to be March, 1882, may, by by-law, declare that such company consents to be bound by the provisions of the six preceding sections of this Act; and upon the passing of such by-law the said sections shall apply to the said company. 45 V. c. 18, s. 9.

above provisions.

Limitation as

to resolutions

105. No resolution under section 98 of this Act shall under sec. 98. be passed by any municipal council, or, if passed, shall have any force or effect unless the company is subject to the provisions of the said section 98, or an agreement has been made between the company and the corporation, under which the municipal corporation has the right at any time, or at any time after a date thereby fixed, not being later than ten years from the date of the agreement, to acquire the works and property of the company used, in connection therewith, for the said purposes, at a valuation to be determined by arbitration. 45 V. c. 18, s. 10.

Certain rights not affected.

106. Nothing in sections 58 and 98 to 105 of this Act contained shall affect the right of any municipal corporation to acquire the works and property of any gas or water company, by agreement with the said company, or shall be construed to affect any right of acquisition which has been or may be secured by any such corporation independently of the provisions of the said sections. 45 V. c. 18, s. 11.

MISCELLANEOUS.

in 16 V. c.

107. In all proceedings which may have been had or taken "Trustees" under the Act passed in the sixteenth year of Her Majesty's 173 to mean reign, to provide for the formation of incorporated joint stock directors. companies for supplying cities, towns and villages with gas and water, or in or about any company incorporated thereunder, the word "trustees," wherever the same occurs, shall be taken to be and be construed to mean the directors. R. S. O. 1877, c. 157, s. 86.

CHAPTER 165.

An Act respecting Companies for Steam and Heating, or for supplying Electricity for Light, Heat or

Power.

HER MAJESTY, by and with the advice and consent of the

Legislative Assembly of the Province of Ontario, enacts as follows:

1. Any five or more persons who desire to form a company Mode of infor supplying steam, hot air or hot water for power and for corporation. heating purposes, or for supplying electricity for the purposes of light, heat, or power, in any city, town, incorporated village, township or other municipality, may become incorporated under

The Act respecting the incorporation of Joint Stock Companies Rev. Stat. c. by Letters Patent, and all the powers and provisions contained 157. in the said Act shall, so far as applicable and consistent with the provisions and powers herein contained, apply to any such company. 42 V. c. 24, s. 1; 45 V. c. 19, s. 1.

2. Every company incorporated under this Act, may con- Powers. struct, maintain, complete and operate works for the production of steam, hot air or hot water, for purposes of power and heating, or for the production, sale and distribution, of electricity, for purposes of light, heat and power, and may conduct the same by any means, through, under and along the streets, highways and public places of such cities, towns and other municipalities; but as to such streets, highways and public places, only upon and subject to such agreement in respect thereof, as shall be made between the company and the said municipalities respectively, and under and subject to any by-law or by-laws of the councils of the said municipalities passed in pursuance thereof. 42 V. c. 24, s. 2; 45 V. c. 19, s. 2.

Certain sections of Rev.

Stat. c. 164,

cable.

3. Sections 51 to 53, 60, 62 to 67, 71, 73 and 75 to 97 of The Act respecting Joint Stock Companies for supplying made appli-Cities, Towns and Villages with Gas and Water, shall be read as forming part of this Act, except that the said sections shall, for the purposes of this Act, be read as providing for the the passage and supply of steam, hot air or hot water, for the purpose of heating and power, or of electricity for the purposes of light, heat and power, instead of the passage and supply of water or gas, the words "steam," "hot air," or "hot water," or the word "electricity" (as the case may be), being, for the purposes aforesaid, substituted for the words " gas or water," or gas and water," or "gas," and the words "wires or conductors," being read after the words "inains and pipes," or "mains or pipes,' wherever the said words occur in the said sections. 42 V. c. 24. s. 3; 45 V. c. 19, s. 3.

Company not to take private property till

made.

66

4. No company shall be entitled by virtue of this Act to take possession or make use of private property, or to do any compensation work thereon, under the compulsory powers of the company in that behalf, until the amount to be paid for or in respect of such property is ascertained by arbitration or otherwise, as the case may be, and is paid or tendered to the parties entitled thereto, or is paid into Court for their benefit; provided further that the property of gas companies shall be exempt from expropriation by companies formed for supplying electricity for the purposes of light, heat or power. 42 V. c. 24, s. 4; 45 V. c. 19, s 4.

HE

JER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

:

;

labour, trade,

1-(1) At any time hereafter, any seven or more persons Seven or more who desire to associate themselves together for the purpose of pronte to associate carrying on any labour, trade or business, or several labours, gether for trades or businesses, whether wholesale or retail, except the co-operative working of mines, minerals or quarries, and except also the etc. business of banking and insurance, may make, sign and acknowledge before a Notary Public or Justice of the Peace, in duplicate, and file in the office of the registrar of the registry division in which the business of the association is intended to be carried on, a certificate in writing in the form mentioned in the Schedule to this Act, or to the same effect, together with a copy of the rules agreed upon for the regulation, government and management of the association, signed by such persons respectively.

verified.

(2) The signatures to the rules shall be verified by the affi- Signatures to davit of a subscribing witness thereto, made before any Notary rules to be Public, Justice of the Peace, or Commissioner authorized to take affidavits in the High Court, or before the registrar or deputy registrar.

(3) Upon the filing of the certificate and rules as aforesaid, Incorporation. the members of the association shall become a body corporate

by the name therein described, with power to hold such lands

as are required for the convenient management of their busi

ness.