Where no agreement, 5. Where no agreement for compensation is made, arbitrators to arbitrators to appraise the same shall be appointed in the following manner: be appointed. Owners may join in appoint trator. (a) One arbitrator shall be appointed by the commissioner, another by the owner of the land and a third by the warden; (b) The County Court Judge for the District in which the dispute arises may appoint an arbitrator to act in behalf of any owner, who is under disability, or absent from the province, or who fails to appoint an arbitrator in his own behalf, after three days' notice to him, when he is within the municipality, and fifteen days' notice when he is not within the municipality but is within the province. (c) Such notice may be given by the commissioner and may be served by delivering the same to the owner, or if he is not within the municipality, by mailing the same to his last known address, postage prepaid; (d) No notice shall be necessary in the case of the disability of the owner or of his absence from the province. 6. (1) Where the land of more than one owner ment of arbi- is required, the owners with whom no agreement has been made, instead of each appointing an arbitrator, may join in the appointment of one arbitrator to act with the two arbitrators appointed as hereinbefore provided in appraising the amount of the compensation to be paid to each of the owners represented by such arbitrator. Commissioner may appoint fail to do so. (2) If any of the owners fail to join in making where owners such appointment after seven days' notice by the commissioner to do so, the County Court Judge for the district in which the dispute arises, shall appoint an arbitrator to act in behalf of those who do not so join, and such appointment shall be as valid as if they had joined in making such appointment. Arbitrators to 7. The three arbitrators, before entering upon t their duties, shall, take an oath before a justice of the peace that they will faithfully and impartially discharge the same. land and ap 8. (1) The arbitrators shall enter upon the land To enter upon and appraise the compensation payable to the owner praise. in respect thereto. majority bind (2) The award of the majority of such arbitrators Award of shall be valid and binding. ing. to be laid (3) The precept, with the report of the commis-Report, award, sioner and the award, accompanied by a plan and before Council. containing or referring to a description of the land, shall be transmitted to the municipal clerk to be laid before the council. persons inter 9. After the report of the commissioner, with Clerk to notify an agreement or award for compensation is trans-ested. mitted to the clerk, he shall, not less than thirty days' previous to the next meeting of the council, serve a notice containing the substance of such report, agreement or award, upon each of the persons interested in the lands through which the way or road is proposed to be laid out; and service of such notice may be effected by mailing the same to the last known address of each of the persons, postage prepaid and registered. sider report, eto 10. At the meeting of the council next after the Council to conreceipt of the report, or at any subsequent meeting to which the consideration of the same is adjourned, the report, with the agreement or award for compensation, and any objections thereto shall be considered. confirm, or dis new appraisement. 11. The council may confirm or disallow the Council may report, and if it is satisfied that the amount of the allow and order compensation is either insufficient or excessive, it may disallow and set aside the agreement or award and direct a new appraisement of the compensation to be made, unless an agreement is entered into in respect thereto, and may delay action on the precept Papers to be filed and recorded. Compensation to include val damage to land. until a new agreement or award is made and transmitted. The council may also either confirm or disallow the new agreement or award. 12. If any agreement or award is confirmed, the municipal clerk shall file the same, and the papers in connection therewith, and shall enter the fact of such confirmation in a book to be kept by him for that purpose. 13... The compensation to which an owner shall ue of use and be entitled shall include the value of the use of the and so taken, if any, the damages to the land of the owner directly caused by such private way or road. Compensation and expenses polling district. 14. The compensation ascertained by the agreecharge against ment or by the appraisement of the arbitrators, and the expenses incurred in respect thereto, shall be paid by the council, and may be charged against and recovered from any polling district in which such private way or road is made, or in whole or in part from the applicant or applicants therefor, as the council may direct. Ascertainment or tender of amount not necessary before entry. Clerk to notify owner. mailed. 15. (1) No ascertainment or tender of the amount of compensation shall be necessary before entering upon land required for a private way or road. (2) When the amount is ascertained, the municipal clerk shall, under his hand, give such owner notice in writing that such amount is subject to his order in the hands of the municipal treasurer. Notice to be (3) Such notice may be mailed to his last known address, postage prepaid, and if he resides out of the province and his address not known, no notice or tender shall be necessary. Plans, agreements, etc. to 16. One of the plans and the agreement or, if be registered. there is no agreement, a copy of the award, shall be registered in the registry of deeds for the registration district in which the land lies, and such registration shall be held to vest the title as an easement to the land or rights of the person or persons applying for such private way or road. County Court. 17. (1) Any person petitioning for a private Appeals to way or road, and any person who is interested in the lands through or over which such way or road is to be laid out, may, within ten days after the decision of the council, appeal from the decision of the council to the county court in the county wherein it is proposed to lay out such way or road, by giving notice thereof, to the warden or municipal clerk, in writing, stating the grounds of appeal. (2) The municipal clerk shall thereupon transmit Municipal clerk the proceedings to the clerk of such court. to transmit proceedings. Appeal Court. (3) The said appeal shall be heard at the next Procedure at sittings of the court in the said county, or, if it sits in more than one place in the county, then at the next sittings held at the place nearest by the usual route of travel to the proposed private way or road, and the court, after hearing the appellant and the other parties interested, and the municipal council, and any witnesses produced, shall finally determine the questions raised, and either allow the appeal and quash, set aside or reverse the decision of the council, or confirm the same, either with or without costs, in the discretion of the said court. Council may make 18. The council may direct gates to be placed on order gates private ways or roads, and make regulations respect- placed and ing the placing and keeping thereof; and every person regulations. guilty of a breach of such regulations shall, for every offence, be liable to a penalty of not less than one dollar and not more than eight dollars. remuneration. 19. The commissioner shall for his services receive Commissioner's such remuneration as the council allows. Ch. 73, R. 8. 20. Chapter 73, Revised Statutes of Nova Scotia, 1923, repealed. 1923, "Of Laying Out Private Ways," is hereby repealed. Chapter 9. Jury panels and ized. CHAPTER 9. An Act to Legalize Jury Panels, Assessment Rolls and Revisers' Lists for 1926. (Passed the 19th day of March, A. D. 1926.) Be it enacted by the Governor, Council and Assembly as follows: 1. All jury panels and jury lists now made or jury lists legal- to be made for use in the year A. D. 1926, whether grand or petit, drawn from jury lists at the terms of the Supreme Court at which the same are usually drawn, shall be and the same are hereby declared to be legal and valid. Assessment rolls and revis ized and con firmed. 2. The assessment rolls for the present year, and ers lists legal- the revisers' lists of electors completed this year, are hereby legalized and confirmed; provided that this section so far as respects assessment rolls shall not affect any proceedings now pending nor any proceedings hereafter instituted in respect of any matter or thing which is the subject matter of or is involved in any proceedings now pending. 8. 8. (7) 8. 2, Subsection added to s. 2. CHAPTER 10. An Act to Amend Chapter 9, Revised Statutes of (Passed the 15th day of March, A. D. 1926.) Be it enacted by the Governor, Council and Assembly, as follows: 1. Sub-section (7) of Section 2 of Chapter 9, Revised Statutes of Nova Scotia, 1923, is amended by striking out the words "Provincial Secretary" in the second line thereof, and substituting therefor the words "Minister of Natural Resources". 2. Section 2 of said Chapter 9 is further amended by adding thereto the following sub-section: |