Duty of Provincial Secretary.

Commissioner to take evidence.

Arbitrators to be named.

piers thereof, and any encumbrances thereon that may be known to the company, and the amount which the company has offered to pay the person owning or occupying the same, and praying for the expropriation thereof.

21. Upon the presentation of such petition the Provincial Secretary shall forthwith, at the expense of the company, cause a copy thereof to be served upon the owner or occupier of the lands, lakes, streams or lands covered with water mentioned in such petition, and along with such copy the Provincial Secretary shall cause to be served upon such owner or occupier a notice that upon a day to be therein named, which shall not be earlier than twenty days after service of such copy and notice, a commissioner to be appointed by the Governor-in-Council will at the time and place to be named in said notice, hear any and all objections to such expropriation.

22. Upon the day and place so named, said commissioner shall hear all parties interested and report the evidence to the Governor-in-Council, and the Governor-in-Council if satisfied the property sought to be expropriated is actually required for carrying on the works of the company, and is not more than is reasonably necessary thereof, and is otherwise just and reasonable, shall thereupon by Order-in-Council declare the lands, lakes, streams or lands covered with water sought to be expropriated, or any portion thereof, to be vested in said company in fee simple, free from encumbrances, subject to the payment of damages. hereinafter provided for.

23. Within thirty days after the passing of such Order-in-Council, the company shall give notice to the owner or occupier of the property sought to be expropriated, requiring him to name one arbitrator, and the company shall also in such notice name one arbitrator, for the purpose of assessing what damage shall be paid for the property so expropriated, and in case such owner or occupier refuses or fails to appoint an arbitrator within ten days thereafter, a judge of the Supreme Court or the judge of the County Court for the district in which the lands expropriated lie, shall appoint such arbitrator.

arbitrator to be

24. The said two arb trators shall be notified of Third their appointment by the petitioner of his solicitor chosen. or agent, and shall, within twenty days thereafter, choose a third arbitrator, and in case of their failing to select such third arbitrator within twenty days after notice to them as aforesaid of their said appointment, such third arbitrator shall be appointed by the Governor-in-Council, and said arbitrators shall, without delay, proceed to assess the damages for said property so expropriated.

etc., Company

25. On payment to the owner or occupier of the Upon payment damages so assessed, the company shall have a title to have fee in fee simple and clear of encumbrances to the property so expropriated.

simple.

where land is

26. In case any property so sought to be expro- Procedure, priated is found to be encumbered by mortgage of encumbered. judgment, or where the title thereto is in dispute, payment of the damages to the Prothonotary of the Supreme Court for the County of Queens shall have the same effect as payment to the owner or occupier. Where the damages are so paid to the said Prothonotary, a judge of the Supreme Court or County Court for the district in which the lands lie, on the application of any person interested therein, may order the payment out of the court of said damages to the person or persons shown to be interested therein.

Balance, if any when to be

27. In case the amount deposited by the company is insufficient to defray all the necessary expenses, paid. it shall be required to pay any such balance before any such award be made.

enjoin Com

nuisance.

28. So long as the company is operating its works Owner not to in the County of Queens, according to the method pany for usually employed in such works as the company may establish, then no adjoniing land owner or occupier of land shall be permitted to enjoin the company for committing a nuisance, but shall be left to his remedy at law for damages for diminution in value of his property and personal inconvenience as resident of said property, caused by the operation of the company's works. And such damages may, at the option of the party aggrieved, be assessed by two arbitrators, one

By-laws.

Operations when to begin.

to be appointed by the party aggrieved, and one by the company, under the provisions of the Arbitration Act, 1900.

29. The company shall have power to make bylaws not inconsistnet with this act or the laws of the province, and also shall have the power to repeal and modify the same, and the directors may, from time to time, as circumstances require, repeal, amend or re-enact such by-laws, but such by-laws, and every repeal or amendment or re-enactment thereof, unless in the meantime confirmed by a general meeting of the company called for the purpose, shall only have force until the next annual meeting of the company, and in default of confirmation thereat shall, at and from that time only, cease to have any force, but all such by-laws, and every repeal, amendment or reenactment thereof, shall be subject to the approval of the Governor-in-Council.

30. This company shall not commence operations until twenty-five per cent. of its capital stock is subscribed and ten per cent. of such subscription paid up.

31. If the company does not bona fide commence business under the provisions hereof, within two years from and after the passing of this act, then this act shall be and become null and void.

CHAPTER 170.

An Act to Incorporate "The Parrsboro Citizens' Band."

Be it enacted by the Governor, Council, and Assem

bly, as follows:

tion.

1. Daniel A. Fraser, Stewart Bowden, Vernon IncorporaMerriam, Thomas C. Choisnet and Leo Tucker, and the other members of the association hereby incorporated, and all who shall hereafter become members thereof, are hereby constituted a body corporate under the name of the "Parrsboro Citizens' Band."

2. The purposes of the said corporation are to Objects. promote the muscial education and social advancement of its members, and to support, maintain and improve the said corporation as a musical aggregation, as a band and orchestra.

real estate, etc.

3. The said corporation may purchase, take, May purchase lease, hold and enjoy real estate to the value not exceeding $5,000.00, and mortgage, sell, lease, rent, or otherwise dispose of the same as may be deemed expedient for the benefit of the said corporation.

4. The said corporation may make, alter or amend By-laws such by-laws, rules and regulations as may be deemed necessary for the control and management of the said corporation, as are not inconsistent with the laws of the Province, but such by laws, rules and regulations, and all alterations or amendments thereto, shall be subject to the approval of the Governor-in-Council.

powers.

5. The said corporation shall have power to make General contracts for the purposes of the said corporation, and to own, hold and enjoy personal property for the purposes of the said corporation, to sue and be sued in the corporate name, and the association is hereby authorized and empowered to sue for and collect all entrance fees, subscriptions, assessments and all other accounts and moneys due the said corporation, according to the by-laws, rules and regulations of the said corporation.

bility.

6. No member of the said corporation shall be liable Limited liafor the debts of the said corporation, unless he shall have rendered himself personally liable therefor.

vested in

7. From and after the passing of this act, all the Property property now belonging to or held in trust for the corporation. association hereby incorporated, shall vest in and

belong to the said corporation, and the said corporation shall be accountable for all the debts, engagements and liabilities of the Parrsboro Citizens' Band.

Incorporation.

Section 2. amended.

Section 3 repealed, another

substituted.

CHAPTER 171.

An Act to Amend Chapter 116, Acts of 1872, entitled "An Act to Incorporate the Monastery of

Petit Clairvaux."

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

1. The body corporate, incorporated by Chapter 116 of the acts of 1872, under the name of the Monastery of Petit Clairvaux, is hereby declared to have been organized and in existence since the incorporation thereof, and the said corporation is hereby continued; the members of such body corporate shall be the Abbot or Prior and monks of the community at Tracadie, in the County of Antigonish, of the religious and charitable association in connection with the Roman Catholic Church, known as the Order of La Trappe, and their successors.

2. The word "fifty" in line two of section 2 of the chapter hereby amended is struck out, and the words "one hundred and fifty" substituted therefor.

3. Section 3 of the said chapter is repealed, and the following substituted therefor:

(3) All real and personal property within this Province, owned by or standing in the name of the corporation, or in the name of any member or members of the community, or by any person or persons in trust for or to the use of the corporation, including