Agreements construction, street repairs, etc. 13. The company and the council of any municipality in between muni- which a railway or part of a railway is laid may, amongst cipality and company as to other things, enter into any agreements they think advisable, relating to the construction of the railway; the time within which the road shall be commenced, the manner of proceeding therewith and the time of its completion; the paving macadamizing, repairing, grading and cleaning of the streets upon which the railway is laid; the construction, opening and repairing of drains and sewers; the laying, repairing or taking up of gas and water pipes in the streets; the location of the railway, and the particular streets along which the same may be laid; the pattern of rails and the gauge of the railway; the time and speed of running the cars, sleighs and other conveyances; the fares to be charged within the maximum herein before mentioned, and the amount of license (if any) to be paid by the company annually or otherwise. 46 V. c. 16, s. 13. Forfeiture by non-user. Provisions for use by one company of and the com pensation therefor. 14. In case the company shall at any time cease to regularly use the whole or any part of their railway for a period of six months, they shall forfeit the right to use the railway or the part unused, as the case may be, together with the rails. thereon, which shall become the property of the municipal corporation within whose territory the railway or such part is situated, and the company shall, in addition, indemnify the municipality in respect of all costs incurred in taking up the rails and putting the streets in proper repair; but this section is subject to any agreement between the company and corporation in respect of the said matters. 46 V. c. 16, s. 14. 15. (1) Where there are more companies than one in any municipality and the council of the municipality is of opinion railway of an- that it is in the public interest that any company should have other company the right to use a portion of the railway of another company, and if-after notice to the proprietor company, so that it may be heard in opposition-the council passes a resolution declaring such opinion, the said company shall have such right, and shall pay therefor such annual sum, or such proportion of the cost of maintenance as may be agreed upon between the companies, or, in case they cannot agree, as may be awarded by the majority of three arbitrators, one to be named by each of the companies and the other by the two so named; but no company shall have the right to use the track of any other company for a greater distance, on any one street, than two hundred yards, without the consent of the proprietor company. (2) If for seven days after having received notice in writing of the appointment of an arbitrator, the company notified omits to appoint an arbitrator, or, if for seven days after the second arbitrator has been appointed the two arbitrators omit to appoint a third arbitrator, the Judge of the County Court of the county in which the municipality is situated may appoint an arbitrator for the party in default, or a third arbitrator, as the case may require. The arbitrators shall have authority to determine by whom, or in what proportion, the costs of the arbitration, reference and award shall be paid. (3) In case the company using such right is in default in respect of any payment under the agreement or award, the said company shall have no right to run over the said portion of road so long as the default continues: provided that in case there is a dispute as to the amount actually owing, the company enjoying the right of user may apply to the Judge of the County Court for an order that it should continue to have such right; which order the Judge may make, upon such terms and conditions as to security and otherwise as he deems just; and the Judge may rescind, or from time to time vary, such order, as occasion may require. (4) If the part used is partly in each of two or more counties, the application shall be made to the Judge of the county in which the greater portion of the part used is situate, or to the Judge for the time being acting for him in the county. (5) From time to time, after an agreement.or award has been in force for five years, either company may give notice of its desire to terminate the arrangement, and thereupon the companies shall settle anew, by agreement, or by arbitration under this Act, the amount or proportion to be paid, and upon a new agreement being entered into, or a new award made, the former arrangement shall cease. (6) A street railway company may, with the consent, by by-law, of the local municipal council, and subject to any terms in the by-law set out, cross the line of any street railway company; but shall pay the expense of altering the rails. so as to permit thereof. (7) In case a street railway company desires to cross the line of a railway company, within the legislative authority of this Province, not being a street railway company, and such company objects, the street railway company shall first obtain the sanction of the Commissioner of Public Works to the proposed crossing, and the mode of construction thereof. The street railway company shall pay the expense of altering the rails of the line intended to be crossed, so as to permit of such crossing. The Commissioner shall, before giving his sanction, give to the objecting company an opportunity to be heard, and may impose such terms as to cost of maintenance, and as to other matters in connection therewith, as he deems proper. 46 V. c. 16, s. 15. of land, when and to what extent al lowed. 16. (1) In case the council of a municipality shall, by Expropriation resolution, declare that the council is of opinion that a company incorporated with power to construct a railway in the municipality should have powers of expropriation for the purpose of building a part of its railway between two or more points, set forth in the resolution, and situated within the municipality, and if the Judge of the County Court of the Rev. Stat. c. 170. ss. 11-20. Rev. Stat. c. 184. s. 546, to apply to cer county certifies that in his opinion the building of the proposed railway between the said points will be of considerable public advantage or convenience, the company, upon registering the resolution and certificate in the proper registry office, shall, in respect of lands lying between the points named, possess the powers conferred upon railway companies under sections 11 to 20 inclusive of The Railway Act of Ontario. (2) Such powers shall be exercised within two years from the passing of the resolution, and not afterwards, and the lands to be taken hereunder shall not exceed one chain in width. (3) The arbitrators, besides awarding to the owner the amount which they find to be the value of the land, shall award ten per centum of the amount so found in addition, and they shall in their award state what they find to be the value of the land, as well as the total amount to be paid to compensate the owners or for damages. (4) The provisions of this section shall not apply to the tract of country extending three miles above and three miles below the Falls of Niagara, and for a width inland of one mile from the said River Niagara. 46 V. c. 16, s. 16. 17. The by-law mentioned in section 4, and the resolutions mentioned in sections 15 and 16, are subject to the conditions tain by-laws and provisions of section 546 of The Municipal Act. 46 V. c. 16, s. 17. and resolu tions. Time for grant privileges. 18.—(1) No municipal council shall grant to a street railwhich munici- way company any privilege under this Act for a longer period pality may than twenty years, but at the expiration of twenty years from the time of passing the first by-law which is acted upon, conferring the right of laying rails upon any street, or at such other earlier date as may be fixed by agreement, the municiMunicipality pal corporation may, after giving six months' notice prior to the ownership. the expiration of the period limited, assume the ownership of the railway, and all real and personal property in connection with the working thereof, on payment of the value thereof, to be determined by arbitration. may assume Mode in which right to purchase to be ex (2) In case the corporation fails to exercise the right of assuming the ownership of the railway, at the expiration of the said period, the corporation may exercise such right at the expiration of any fifth year thereafter, upon giving one year's notice to the company, and the privileges of the company shall continue until the ownership is assumed by the municipal council. 46 V. c. 16, s. 18. 19. If the company's line or lines is or are situated in two or more municipalities, the municipality in which the greater ercised as be. mileage of the company's line or lines is or are situate shall tween'different have the right to exercise the power of purchase herein conmunicipalities interested. ferred, unless the municipal councils shall agree otherwise between themselves; and the corporation purchasing shall thereafter possess all the powers and authority theretofore enjoyed by the company, and shall, as to other municipalities into which the line runs, be subject to the like liabilities; provided that where the municipalities are not all of the same character, they shall, independently of the length of mileage, exercise the right of purchase in the following order of preference, namely: first, a city; second, a town; third, a village; fourth, a township. 46 V. c. 16, s. 19. dissatisfied certain cases, may require an 20.—(1) The council of a municipality into which a railway Municipality runs may, at any time after the right of assuming the ownership with terms as of the railway accrues to such municipality, or to any other to railway in municipality, require that the terms upon which the railway shall be operated in such municipality be determined by arbi- arbitration. tration under The Municipal Act, and the terms, unless the Rev. Stat. c. parties in the meantime agree, shall be settled accordingly, and 184. such arrangement shall remain in force for ten years. (2) At the end of that period either party may require that the terms be settled anew in like manner for another period of ten years; but such settlement or agreement shall be without prejudice to the right herein before conferred upon a municipality to assume the ownership of the railway at the expiration of any fifth year. 46 V. c. 16, s. 20. section. 21. A company to which any lines of railway have been Application of transferred by a municipal corporation, shall, as respects the preceding provisions of the next preceding section, stand in the same position as the municipal corporation from which it received such transfer. 46 V. c. 16, s. 21. way may 22. The municipal corporation purchasing may, at any time, Municipality transfer its rights to its railway lines or any of them, and the acquiring railwhole or any part of the plant of the railway to any railway transfer same company authorized to operate a railway; subject, however, to a company. to the provisions of section 18 as to such railway and plant being assumed by a municipal corporation, entitled under that section, at the expiration of twenty years, or of such shorter period as may be agreed upon. 46 V. c. 16, s. 22. 23. Any private person or firm may, subject to the like Who may exconditions, exercise any of the powers which, under this Act, ercise powers may be exercised by a company. 46 V. c. 16, s. 23. hereunder. 24. Nothing in this Act contained shall apply to or affect Application of any street railway company existing or incorporated before Act. the first day of February, 1883, except only sub-section 4 of section 4. 46 V. c. 16, s. 24. 170, to apply 25. No other parts of The Railway Act of Ontario, except Rev. Stat. c. those expressly hereinbefore mentioned, shall apply to a com- only so far as pany, person or firm owning or operating a street railway expressly under this Act.. 46 V. c 16, s. 25. mentioned. 5. MISCELLANEOUS ASSOCIATIONS. 66 CHAP. 172.-BENEVOLENT AND PROVIDENT SOCIETIES, p. 1692. 66 66 66 176.-CEMETERY COMPANIES BY LETTERS PATENT, p. 1721. CHAPTER 172. An Act respecting Benevolent, Provident and other Power to form certain pur. poses. H ER 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, of full age, may become incorSocieties for porated under this Act for any benevolent or provident purpose; or for other any purpose not illegal, save and except the purpose of trade or business and any purpose provided for by any of the Acts mentioned in the schedule to this Act. R. S. Ò. 1877, c. 167, s. 1. Mode of incorporation. 2. The proceedings to obtain incorporation shall be as follows: |