a report thereof to the Lieutenant-Governor in Council, and on such report the Lieutenant-Governor in Council may, by proclamation, order that such bridge be closed, and declare the proprietor thereof to have forfeited the privilege of exacting tolls for passage over the same, together with all the other privileges conferred upon him by the act respecting such bridge. In the case of any lessee of a bridge belonging to the Pro- Forfeiture of vince, the proclamation ordaining the closing of the same shall rights by declare such lessee to have forfeited all the rights and privileges arising from his lease. lessee. 4. Such proclamation shall be published in the Quebec Offi- Proclamation cial Gazette, and shall have the force of law from the day of to be pubthe publication thereof. lished. ferred to a 5. From the day of the publication of such proclamation, the After the bridge mentioned therein shall become the property of the publication, Province, and the Lieutenant-Governor in Council may transfer belong to the bridge to the property therein and the control thereof, either to the Province and municipality in which the same is situated, or to any other may be transneighboring municipality, together with all the rights and pri- municipality. vileges which the former proprietor thereof enjoyed, upon such transferee becoming bound to perform upon such bridge the work ordered by the Commissioner, and to keep the same for the future in good repair. 32 V., c. 15, s. 190. 1827. Public bridges generally shall be subject to inspec- Public bridges to be tion by the Commissioner or his delegates, in the same manner subject to as toll-bridges, and, whenever work ordered to be done upon inspection. them, after such inspection, shall not have been begun or terminated within the prescribed delay, the Lieutenant-Governor in Council may, by proclamation, order that such bridge be closed, until the said work is fully executed. 32 V., c. 15, s. 191. 1828. The costs incurred in the inspection of any bridge, Cost of demanded as hereinbefore set forth, shall be borne by the pro- how borne inspection, prietor or lessee thereof, as the case may be, in the event of the and recov Commissioner deciding that it is necessary to have such bridge ered. repaired or rebuilt, and, in the event of his deciding otherwise, they shall be borne by the complainants; and such costs may be recovered in the name of Her Majesty, before any competent court. 32 V., c. 15, s. 192. 11, of R. S. Q., formed for 1829. Subject to the provisions of this section, the provi- S. 10, c. 3, T. sions of section tenth of chapter third of title eleventh of extended these Revised Statutes respecting companies for the construc- to companies tion of roads and other works, shall extend and apply to any certain purcompany established in this Province for the purpose of ac- poses conquiring in perpetuity, or for a certain number of years, any nected with roads, buildings or other public works which may, under this public works. chapter, be legally transferred to any such company, or for the purpose of acquiring and improving or extending such public works, or, in either case, and as fully as if such purpose were Proviso, companies so free from intervention expressly set forth in the said tenth section, among the objects for which said company might be established under its authority; and the form for the act of association, given in the schedule to the said section, may be so changed as to show that the company is formed under the said tenth section as extended by the present section, and for what purpose it is so established. 2. No company to be so formed for the purpose of acquirformed to be ing any such public works, whether with or without the intention of extending the same, shall be liable to be opposed of municipal 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 works 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. councils. Application of said section 10 limit ed. Said section if inconsis cil made un The provision of the said tenth section 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 limits of the works when transferred to the company. 3. The provisions of the said tenth section, inconsistent not to apply with any lawful provision or condition in any order in council tent with any legally made under this section or with the rights transferred order in coun- by the same, shall not apply to the company to which der this chap- such order in council relates; but nothing herein shall prevent the reservation in any such order of the power of taking any such work, with or without any such extension, by the Crown or any such municipal authority, on the terms and conditions therein to be expressed. ter. Art. 5044 to apply to works transferred to companies. Tolls to be taken by such companies to be regulated by council, &c. order in 4. Article 5044 of these Revised Statutes shall apply to roads, bridges and other works transferred to any company, and to the company to which the same have been transferred, as far as regards such roads, bridges and works. 32 V., c. 15, s. 193. 1830. The tolls to be taken by any company to be formed for the purposes aforesaid, on any such public work not being a road, shall not be regulated by the provisions of the said tenth section, but the maximum tolls to be levied on such work must be fixed by the order in council transferring the work to the company, or by some further order amending the same, made with the consent of the company. The tolls to be levied on any road, or on any extension of such other public works, shall be regulated exclusively by the said tenth section, in the absence of any provision establishing lower rates in the order in council as aforesaid. Proviso as to 2. No exemption from tolls on any road or public work so exemptions transferred, or on any extension thereof, shall be valid against any company to be formed under the preceding article, except such only as can validly be claimed under the said tenth from toll. section, on the works constructed under the authority thereof, unless such exemption from toll is stipulated in the order in council transferring such public work to the company. 32 V., c. 15, s. 194. commute 1831. Any party residing on the line of any road transfer- How persons red to any company or municipal corporation under the pro- restin half a residing visions of this section, and within half a mile of any incorpor- mile from a ated city or town, may commute with such company or muni- city may cipal corporation for a certain sum per month, to be paid by their tolls. such party to the company or corporation for passing and repassing through the toll-gate, 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 an arbitrator, and the two arbitrators a third, and the decision of any two of such arbitrators shall be final. tion. 2. In default of commutation either by agreement or award What tolls of arbitration, such company or municipal corporation shall be may be charged in entitled to charge such party or his servants and others passing default of such gate with his carriages or vehicles, horses or cattle, such commutatolls only as will 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 bears to one mile. 32 V., c. 15, s. 195. SECTION IX. TOLLS ON PUBLIC WORKS. 1832. The Lieutenant-Governor may, by an order in coun- Lieutenantcil issued for such purpose and published as hereinafter pro- Governor in Council may vided, impose and authorize the collection of tolls and dues impose tolls upon any road, bridge, ferry or other public work belonging to for use of Her Majesty, or under the control and management of the public works. Commissioner, and, from time to time, in like manner, may alter, modify and change such tolls or dues and declare the exemptions therefrom. All the tolls and dues shall be payable in advance and before Tolls, when the right to the use of the public work, in respect of which payable. they are incurred, shall accrue, if so demanded by the col lector thereof. 32 V., c. 15, s. 196. 1833. The Lieutenant-Governor in Council may, from time And may fix to time, on the report of the Commissioner, place the toll-gates places for on the said roads, at such places and distances from each other toll-gates. as appear to him advisable. 32 V., c. 15, s. 197. favor of Her 1834. Her Majesty's officers and soldiers, being in proper Exemptions uniform, dress or undress, but not when passing in any hired from toll in or private vehicle, and all carriages and horses employed in Majesty's Her Majesty's service, when conveying persons or baggage, troops. Recovery of tolls. Recovery of penalties. Levy by dis tress. Imprison ment. Application of penalty. Animals attached to vehicles, and goods, &c., therein, liable to seizure and shall be exempt from the payment of any tolls or dues on using or travelling over any road or bridge under the control of the Department. 32 V., c. 15, s. 198. 1835. All tolls and dues, imposed under this chapter, may be recovered, with costs, in any court having civil jurisdiction to the amount, by the collector or person appointed to receive the same, in his own name or in the name of Her Majesty, and by any form of proceeding by which debts due to the Crown may be recovered. 32 V., c. 15, s. 199. 1836. All penalties imposed by this chapter, or by any regulation made under the authority thereof, shall be recoverable with costs before any justice of the peace for the district, county or place in which the offence was committed, upon proof by confession of the party, or by the oath of any one credible witness. Such penalty, if not forthwith paid, may be levied by distress and sale of the goods and chattels of the offender, by warrant under the hand and seal of such justice of the peace. If sufficient distress cannot be found, and such penalty be not forthwith paid, such justice of the peace may, by warrant under his hand and seal, cause the offending party to be committed to the common gaol of the district, there to remain without bail or mainprise for such time as such justice may direct, not exceeding thirty days, unless such penalty and costs be sooner paid. The said penalty shall belong to Her Majesty for the use of the Province. 32 V., c. 15, s. 200. 1837. Any animals attached to any carriage or vehicle, and the goods contained therein, to whomsoever the same belong, shall be liable for any tolls, dues, or fines so imposed and levied, and the whole or any part of such articles may be seized, detained and sold in the same manner as the sale for tolls. carriage or vehicle in which they are or to which they may be attached, as if they belonged to the person contravening any such regulation, saving the recourse of the real owner thereof against such person who shall be deemed the owner for the purposes of this chapter. 32 V., c. 15, s. 201. Moneys from tolls to be Treasurer. 1838. All tolls, dues or other revenues, imposed and collectpaid over to ed on public works, shall be paid by the person receiving the same to the Provincial Treasurer, in such manner and at such intervals as may be appointed by him, but such interval shall, in no case, exceed one month. 32 V., c. 15, s. 202. Tolls on pub lic roads may farm. 1839. The Lieutenant-Governor may order the tolls at the be let out to several gates erected on any public road or bridge vested in the Crown, under the management of the Commissioner, to be let to farm, under such regulations and by such form of lease as he thinks expedient. tolls in such case. The lessee or farmer of such tolls or any other person Recovery of authorized by him may demand and take such tolls and proceed for the recovery of the same in the name of such lessee or farmer, in case of non-payment or evasion thereof, in the same manner, and by the same means, which the law gives to any collector of tolls or other persons authorized to collect the same. 32 V., c. 15, s. 203. SECTION X. REGULATIONS FOR THE USE OF PUBLIC WORKS. Council may 1840. For the due use and proper maintenance of all Lieutenantpublic works, and to advance the public good, the Lieutenant- Governor in Governor may, by order in council, enact, from time to time, make regulasuch regulations as he may deem necessary for the manage- tions for such ment, proper use and protection of all or any of the public works, or for determining the amount of and collecting the tolls, dues and revenues thereon. 32 V., c. 15, s. 204. use, travention, 1841. The Lieutenant-Governor may, by such orders and And impose regulations, impose fines, not exceeding in any one case, four fines for conhundred dollars, for any contravention of any such order or regulation, as he deems necessary for ensuring the observance of the same and the payment of the tolls to be imposed as aforesaid. authorize vehicles He may also, by such orders and regulations, provide for Or may the non-passing or detention and seizure, at the risk of the seizure and owner, of any carriage, vehicle, animal, timber, or goods on sale of which tolls or dues have accrued and have not been paid, or contravening in respect of which any such orders or regulations have been regulations. contravened or infringed, or any injury done to such public works and not paid for, or for or on account of which any fines have been incurred and remain unpaid, and for the sale thereof, if such tolls, dues, damages or fines be not paid by the time to be fixed for the purpose, and for the payment of such tolls, dues, damages or fines out of the proceeds of such sale, returning the surplus, if any, to the owner or his agent. Crown saved, &c. No such provision shall impair the right of the Crown to Rights of the recover such tolls, dues, fines or damages in the ordinary course & of law; and any such tolls, dues or fines may always be recovered under this chapter. 32 V., c. 15, s. 205. &c.. to be 1842. All proclamations, regulations and orders in council Regulations, made under this chapter shall be published in the Quebec published in Official Gazette, and a copy of such Gazette purporting to have Quebec been printed by the Queen's printer, and containing any such proclamation, order and regulation, shall be legal proof of the tenor and effect thereof. 32 V., c. 15, s. 206. Official |