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or such trustee or trustees in their behalf, to obtain the possession and enjoyment of and title to such property, or to obtain the value thereof, by sale or otherwise, in case of default by the company in the performance of the conditions of said mortgage or deed of trust; and the holders of such bonds or debentures, or any person claiming by, through or under them, or any purchasers from said trustee or trustees, in case they shall take possession of said property under the provisions of such mortgage or deed of trust, may organize themselves into a corporation in the manner provided in this act for the organization of the company, and the provisions of this act, or any act in addition hereto or in amendment hereof, shall apply to such corporation, shall be entitled to have and enjoy the powers, privileges and franchises conferred upon the company by this act, or any act in addition hereto or in amendment ther of;

(6) The holders of said bonds or debentures, whether they shall organize themselves into a corporation as herein provided or not, or said trustee or trustees, or any persons or corporations claiming by, through or under them, shall, in case they take possession of said property under the provisions of said mortgage or deed of trust, be entitled to hold, own and enjoy the same as fully and effectually as did the company theretofore, and they shall be entitled to hold, own and enjoy all the powers, rights, privileges, franchises and exemptions in reference thereto which were held and enjoyed by the company, whether under any letters patent, or lease from or contract with the Crown or under this act or any act in amendment hereof, or any special or general law in force in the Province of Nova Scotia or otherwise;

(7) The company may in and by said mortgage or deed of trust provide for the periodical payment to said trustee or trustees of such sum as they may determine, which sum, with all accumulations thereon, shall constitute a sinking fund, to be applied in such manner as shall be stipulated in said mortgage or deed of trust.

roads, etc.

May construct 15. The company may make or construct roads, railroads or tramroads, over, under and across any road or tramroad, harbor, cove, brook, or stream, subject, nevertheless, in such cases to regulations to be made by the Governor-in-Council, to ensure the safety of their inhabitants and their property; provided, however, that nothing herein contained shall be construed to authorize or empower the company to interrupt, hinder or prevent the navigation of any navigable river or other navigable water, subject, however, to the provisions of Chapter 99 of the Revised Statutes, 1900, "Of Railways."

Station

grounds, etc.

Plan to be filed.

Particulars to be given

16. For the purpose of executing, operating or carrying on any work under the provisions of this act the company may acquire by an agreement or take for right-of-way, station grounds and sidings, any land, rights, privileges or easements.

17. Before taking any land or rights, privileges or easements therein, the company shall file in the registry of deeds for the registration district in which the lands lie a plan or plans of such part or parts of its right-of-way, sidings and appurtenances as are required to be taken, said plan or plans being first approved by the Governor-in-Council.

18. Forthwith after the filing of said plan or plans. the company shall give notice to the owner or occupant of the lands to be taken, or in which rights, privileges or easements are to be required, setting out the following particulars:

(a) The description of the lands to be taken, or in which rights, privileges or easements are to be acquired, specifying the nature and extent of such rights, privileges or easements, and whether the same are to be acquired in perpetuity or for a term of years;

(b) A declaration of readiness to pay the sum therein named as compensation for such land, or for such rights, privileges or easements;

(c) The name of a person to act as arbitrator on behalf of the company if its offer is not accepted.

19. If the said lands are unoccupied and the owner is absent from the county or unknown, said notice may be given by posting the same up in some conspicuous place upon the lands.

Notice, how

given.

tion.

20. The owner, in pursuance of such notice, shall Arbitraappoint another arbitrator, and the two arbitrators so named shall appoint a third arbitrator. If said arbitrators cannot aggree the Governor-in-Council may appoint such third arbitrator.

tor, how

21. If the owner does not appoint an arbitrator Third arbitrawithin ten days after the said notice has been given, chosen. or if any arbitrator refuses to act, or is incapable of acting, the Governor in-Council may appoint a person to be sole arbitrator for determining the compensation to be paid as aforesaid.

oath.

22. The arbitrators or arbitrator so appointed Must take shall, before entering upon their or his duties, take an oath before a justice of the peace for the faithful performance of the same.

be given.

23 The arbitrators or arbitrator may, and at the Evidence to instance of either party shall, take sworn testimony as to the extent of the land taken, or of the rights, privileges or easements acquired, and the amount of compensation to be awarded for land or damages.

borne.

24. The cost of the arbitration shall be apportioned Cost, how or directed to be paid as the arbitrators or arbitrator in their or his discertion determine.

award into

25. When the person to whom any compensation May pay is payable under any award is unknown, or there is a court. dispute as to the title of lands taken or injuriously affected, or where the person refuses to give a receipt for the same, or if for any reason the company deems it expedient, the company may pay the amount awarded to the prothonotary of the Supreme Court for the county in which the lands lie, there to abide the order of a judge of the Supreme Court.

26 Upon payment of the compensation awarded, Lands where and the registration of the award, together with a

Crown lands.

Paint and affix.

Chapter 99,
R. S.. N. S.,

receipt for such compensation from the person entitled thereto, or from the Prothonotary of the Supreme Court, in the office of the registrar of deeds for the registration district in which such lands are situate, the lands taken or the easements acquired shall vest in the company.

27. For the purpose of executing, operating or carrying on any work under the provisions of this act the company shall have the right:—

(a) To enter upon any Crown Lands and to take therefrom timber, woods, sods, soil, gravel or other material for the purpose of construction.

28. The company shall paint or affix, and shall keep painted or affixed, its name, with the word "limited" after it, on the outside of every office or place in which the business of the company is carried on, in a conspicuous position, in letters easily legible, and shall have its name with the said word "limited" after it, mentioned in legible characters, in all notices, advertisements, and other official publications of the company, and on all bills of exchange, promissory notes, cheques, orders for money or goods purporting to be drawn, made, signed, given, or endorsed by, or on behalf of the company, and in all bills, invoices, receipts, letters, and other writings used in the transaction of the business of the company, and the company shall be liable to a penalty of twenty dollars for every neglect or omission of the name of the company, with the word "limited" after it, in any of the above cases.

29. The provisions of Chapter 99 of the Revised 1900, to apply, Statutes, 1900, "Of Railways," in so far as the same are not inconsistent with the provisions of this act, shall apply to the railways or tramways of the company.

Act, when void.

Act. when operative.

30. If the company does not commence constructing under the powers hereof within two years after the passing of this act, then this act shall become void.

31. This act shall not go into operation until twenty-five per cent. of the capital stock is subscribed and twenty-five per cent. of such subscriptions are paid.

up.

be approved.

32. The construction of any line of railway or tram- Plan, etc., to way authorized by this act shall not be commenced. until the company shall have submitted a plan and profile of said proposed line to the Governor-in-Council and until the Governor-in-Council by Order-in-Council shall have approved of said plan and profile, and the proposed location of said line of railway.

CHAPTER 175.

An Act to Incorporate
to Incorporate Ropers, Limited.

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Be it enacted by the Governor, Council, and Assem

bly, as follows:

1. Robert W. Roper, Merchant; Emma Carr, Incorporation. Saleswoman; Frank J. Nixon, Agent; Angus J. McNeil, Trader; Harry A. Prince, Trader, and William R. Tobin, Barrister, all of Glace Bay, and such other persons as they, in writing, may associate with them, their successors, associates and assigns, and such other persons who may become share or stockholders in the company hereby created, are constituted a body corporate under the name of "Ropers, Limited," hereinafter called the "company."

2. The objects for which the company is established Objects.

are:

(a) To carry on the trade or business of candy
or confectionery makers and vendors, and to

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