company shall satisfy the government of their financial ability to carry out their enterprise, and furn sh the Provincial Sercetary with a statement and plan 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, including a plan of 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 newspapers 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 publication of said statement and notice, a commissioner duly appointed by the Governor-in-Council 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 Governor-in-Council, and that body, if satisfied with the land or easements proposed to be expropriated are actually required for carrying 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;

(d) The services of said commissioner shall be paid for by the company at such reasonable rates as may be fixed by the Governor-inCouncil; and it is further provided, that in

Payment, when to be made into

court.

If amount deposited

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 country 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 the name or names or the owner or owners.

27. In case any property so sought to be expropriated is found to be encumbered by mortgage or judgment, or where the title thereto is in dispute, payment of the damages to the prothonotary of the Supreme Court for the County of Cape Breton 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 the 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 entitled thereto.

28. In case the amount deposited by the company is insufficent to defray all necessary expenses, it shall what required, be required to pay any such balance before any such

insufficient,

be entered into

with municipalities,

etc.

award be made.

Agreement to 29. Before commencing operations within the jurisdiction of the Municipality of the County of Cape Breton, the company shall enter into an agreement with the said municipality, said agreement to cover the sums to be paid as taxes or otherwise, and for the future acquisition of the property of the company by said municipality if it is so desired. The Municipality of the County of Cape Breton, pursuant to a resolution passed by the Municipal Council of said municipality at its January session, A. D. 1909, may give aid to the said railway, not to exceed the sum of two thousand dollars ($2,000.00) per mile for a mileage not to exceed seventeen (17) miles, and the County of Cape Breton may further

assist the said company by paying one-half the cost of the right of way paid by the company for lands over which the railway will run other than the public highway. Such agreement shall further contain all the necessary terms, conditions and agreements touching and concerning the aid to be given by the Municipality of the County of Cape Breton to the company as aforesaid.

commence

30. The company sh 11 not commence business When to until fifty (50) per cent. of the stock has been sub-business. scribed and twenty-five (25) per cent. of such subscription paid up.

cease.

31. This act shall cease and determine if effective Act when to work shall not be commenced and continued under it' within two years of the date of its passage.

32. Sechdule "A" shall form part and parcel of Schedule. this act.

SCHEDULE "A".

REFERRED TO IN THE FOREGOING ACT.

Rule 1. The rails shall be of a weight and pattern to be approved of by the Municipal Council of the County of Cape Breton.

Rule 2. The tracks shall be laid in such parts of the roads, highways and streets as the said municipal council shall approve, and the side tracks, switches and turnouts, as to location and construction, shall be subject to the approval of the said council. They shall be placed where they shall offer the least possible impediment to the ordinary traffic on the said roads, highways and streets. The guage shall be laid and maintained, and such levels and gradients as the said municipal council shall determine.

Rule 3. The cars shall be of the most approved design for service and comfort, and shall be maintained and kept by the company in good order and in a clean state.

Rule 4. No person shall drive any car unless he be of the full age of twenty-one years, or unless he shall have obtained written permission from the municipal council of the said county for such purpose. Every conductor or driver or motorman shall wear a badge on a conspicuous portion of his dress. The company, when required to do so by the said municipal council, shall furnish a list of all its conductors and drivers or motormen, and the name of any one of them conducting or driving a ar at a specified time, and shall keep such registered books and records as shall enable it to urnish such information.

Rule 5. All switches and turnouts shall be arranged so that the cars shall pass on the left, and open cars shall be provided with straps, chains or bars on the right side.

Rule 6. The front end of each car shall be provided with a bright light between dusk in the afternoon and daylight; and also with a fender of such design as the Prov ncial Engineer shall approve. Each car shall also be provided with loud, clear sounding gong, which shall be rung before passing a crossing, and each car shall be equipped with efficient brakes to be approved of by the said Provincial Engineer.

Rule 7. Cars propelled in the same direction, unless coupled together, shall be kept at least one hundred feet apart, except any at stations and turnouts. When it is required to stop a car at the intersection of streets to receive or land passengers, it shall be stopped so as to leave the rear platform of the car as nearly as practicable at the farther crossing.

Rule 8. The time-table as to rate of speed for running cars and the tariff of rates shall be submitted by the company and approved by the Governor-inCouncil, and any proposed alterations respecting the same shall be submitted from time to time as the case may be and shall always be subject to the same approval.

Rule 9. The company may remove snow and ice from its tracks, or any portion of them, to enable

it to operate its cars; provided, however, that in case said snow and ice shall be removed from its tracks it shall be its duty to level it to uniform depth, to be d ermined by the municipal council, and to such a distance each side of the track as said council shall direct, or to remove from the road, highway' or street all snow or ice disturbed, ploughed, or thrown out by the plough, leveller or tools of the company, within forty-eight hours of the fall or disturbance of said snow or ice, in the said council shall direct.

Rule 10. After the railway or tramway has been completed, the company shall maintain the whole of the work, herein required to be done in good and efficient working order and condition.

Rule 11. When no other remedy is provided, any person violating any of the above rules shall be subject to a penalty of ten dollars ($10.00) and not exceeding forty dollars ($40.00), and in default of payment, to imprisonment in the county jail for a period not exceeding thirty days.

CHAPTER 180.

An Act to Incorporate the St. Peter's Branch, Number 15, of the League of the Cross Total Abstinence Society, Port Hood, in the County of Inverness.

Be it enacted by the Governor, Council, and Assem

bly, as follows:

1. The Reverend Colin Chisholm, P. P., of St. Incorporation. Peter's parish, Port Hood, Inverness County; Reverend