Question as to whether easements necessary, how determined.

made by the company w th the owners of the lands required for any purposes aforesaid, or injured or affected by reason of the exercise of any of the powers aforesaid as to the value of the lands, easements or privileges taken by the company, or the damage occasioned by such exercise of any of the powers aforesaid, such value or damage shall be ascertained by arbitration in the fol owing manner: The company shall, in writing, notify the owner or occupier of the extent and description of the property, easements or privileges sought to be expropr ated, and require the appointment by safd owner or occupier of an arbitrator within ten days, the name of sad appointee to be signified in writing to the company within the said ten days. The company shall thereupon appoint a second arbitrator, which two shall appoint a third, and in case the two cannot agree within twenty days upon a third, the same may be appointed by the Governor-in-Council upon the application of either party after notice to the other; and in case the owner or occupier fails to appoint the said first arbitrator, and to notify the company as above within the time named, the Governor-in-Council, upon application as aforesaid, may appoint him. The arbitrators so appointed shall view the premises, and receive and hear such evidence as they may desire, and their award, or that of any two of them, shall be final and conclusive as to the va ue of the property, easements, or privileges taken, and the damage by severance or otherwise, and upon payment of the amount of said award to the owners, or in case of disputed ownership or encumbrance affecting the title to the property, then upon payment of the amount of said award into the Supreme Court for the county where the property is situated, the company shall become invested with the title to said property, easements and privileges, to the extent set forth in said award, a copy of which said award shall be recorded in the office of the registrar of deeds for the county in which said property, easements or privileges are situated.

21. And it is further provided that the question as to whether the property or easements sought to be expropriated under this act is necessary for the purpose

as aforesaid, shall be decided by the Governor-inCouncil, and shall only be decided upon the fol owing procedure:

(a) Before taking proceedings from time to
time to expropriate under this section, the
company shall satisfy the Government of
their financial ability to carry out their enter-
prise, and furnish the Provincial Secretary
with a statement and containing a description
of the property and easements sought to be
expropriated, and in a matter of back flowage
and storage of water, a statement of the position
and height of the proposed dam or dams, and
a general description of the lands affected by
such proposed back flowage and storage, in-
cluding the lands as affected by such proposed
back flowage and storage;

(b) Thereupon the Provincial Secretary shall
forthwith, at the expense of the company,
publish such statement in one of the news-
papers published in the county in which the
property and easements are situated, in four
weekly issues of the same; and in the same
issue of said paper in which he published said
statement he shall publish a notice that upon
a day therein named, which shall not be earlier
than thirty days after the date of first publica-
tion of said statement and notice, a commis-
sioner duly appointed by the Governor-in-Coun-
cil will, at a time and place to be named in
said notice, hear any and all objections to said
proposed expropriation or expropriations;
(c) Upon the day and at the place so named,
said commissioner shall hear all parties in
interest, and report the evidence to the Gover-
nor-in-Council, and that body, if satisfied
with the land or easements proposed to be
expropriated are actually required for carry-
ing on their work, and are not more extensive
than are reasonably necessary, shall thereupon,
by Order-in-Council, declare that the same may
be expropriated under the provisions of this
section;

Act, when cease.

to

not allowed in

(d) The services of said commissioner shall be paid for by the company at such reasonable rates as may be fixed by the Governor-in-Council. And it is further provided, that in the arbitration proceedings, in case the address of any owner or owners of lands or easements sought to be expropriated should be unknown to the company, or such ownership should be in dispute, that a publication of any notice required in said proceedings in a newspaper published in said county for the period of thirty days shall be sufficient, and be taken instead of the personal notice hereinbefore referred to, and said notice need not state the name or names of the owner or owners.

22. This act shall cease and determine if actual work is not commenced and continued within three years from the date of its passing.

Expropriation. 23. This act shall not authorize the company to city or town. expropriate any lands, rights or easements in any city or town.

ferred by act

ble to power purposes.

Powers con- 24. The powers by this act conferred to furnish only applica- electric current for lighting purposes, shall not be exercised excepting in connection with a current for power purposes in any city or town in which a company or such city or town is already engaged in furnishing electric light, until an arrangement has been made with such company, city or town for the purchase of its franchises, plant and other property, by arbitration or otherwise.

Poles, &c.

in city erected

25. All poles, wires, cables or other appliance under regula- for the transmission of electric current in the City of tions by City Halifax shall be erected, placed and constructed in accordance with regulations in that behalf made by the City Council, and not otherwise.

Council.

Water wheels

to be located

26. The water wheel or wheels which the company at Gasperaux. is authorized under this act to operate, are to be located at or near the Gaspereau River, and in the County of Kings.

CHAPTER 168.

An Act to Change the Names of Louis Newell, Thomas.
D. Newell and John L. Newell to Louis McDonald,
Thomas D. McDonald and John L. McDonald,
respectively.

(Passed the 23rd day of April, A. D. 1909.)

SECTION 1. Name changed.

Be it enacted by the Governor, Council, and Assembly, as follows:

changed.

1. The names of Louis Newell, Thomas Daniel Newell and John Louis Newell, of Enfield, in the Name County of Halifax, in the Province of Nova Scotia are changed to Louis McDonald, Thomas Danie, McDonald and John Louis McDonald, respectivelyl and after the passing of this act, all properties, right, and liabilities acquired or incurred by the said Louis Newell, Thomas Daniel Newell and John Louis Newells respectively, prior to the passing of this act, shall be deemed to be vested in and become a liability of the said Louis McDonald, Thomas Daniel McDonald and John Louis McDonald, respectively.

Be it enacted by the Governor, Council, and Assembly, as follows:

Incorporation. 1. Arthur M. King, George G. King, of Annapolis Royal, in the County of Annapolis; Yetton Munroe, Dr. Charles R. Gates, in the County of Queens, and Wm. C. Mills, of Gloversville, N. Y., U. S. A., their associates, successors and assigns, are hereby constituted a body corporate by the name of "Ophir Gold Mining Company, Limited," with a common seal, and are hereinafter called the company.

Objects and
Powers.

2. The objects and powers of the company shall be as follows:

(a) To acquire, hold, purchase, lease, possess, sell, convey and transfer mines and natural deposits of gold, silver, iron, manganese, rock, ore, quartz and earth bearing gold or other minerals, and gold, silver, iron, manganese and other mining areas, licenses, leases, rights and privileges at Brookfield, in the Province of Nova Scotia, or any other part of the province;

(b) To prospect and search for, dig, mine, quarry, work, remove, mill and smelt and prepare for