Powers of the directors.

Exemption

from payment

of tolls.

Idem.

Public officers.

Corpora

tions, &c.,

ny.

5103. The directors have power:

1. To collect and to sue, in the name of the company, for the recovery of the calls made and other debts due ;

2. To accept hypothecs in security for the payment of shares from shareholders who do not hold any land bound to the maintenance of the road; and the accepting of such hypothees shall ensure to such shareholders the right to make payment of their calls in the same manner and at the same time as the shareholders who are proprietors bound to the maintenance of the road:

3. To regulate the tolls, which shall not exceed the rates mentioned in schedule B of this section;

4. To commute with the shareholders for toll on such terms and conditions as they deem proper;

5. To compel all proprietors along the road to take down their fences from the first of December to the first of March; and if any such proprietor refuse to take down his fences, he shall re-imburse the company the extra expense of maintaining the road caused by such fences; such extra expense to be established by arbitrators;

6. To make by-laws not contrary to the provisions of this section or to law. 33 V., c. 32, s. 40.

§7.-Exemptions from Toll.

5104. All persons, with horses or carriages, going to or attending any funeral, or any person with horse or carriage going to or returning from divine service on any Sunday or holiday, shall pass the gates on the said road free of toll, provided it be within the limits of the parish in which they reside. All persons in the naval or military service of Her Majesty or in the militia of Canada, wearing uniform, and being on actual duty, travelling on such road in discharge of such duty, with their horses and carriages, and all persons with vehicles carrying manure, and returning therefrom, shall pass free of toll, and all persons who, going for manure shall have paid toll, shall be entitled on their return, with the same vehicle loaded with manure, to get back what they shall have paid.

It shall be lawful for the Lieutenant-Governor in Council to authorize persons on public service to pass over the roads free of toll. 33 V., c. 32, s. 41; 36 V., c. 26, s. 7. See also Articles 2970, 3502 and 3503 of these Revised Statutes.

§ 8.-Transfer and Conveyance of Lands.

5105. Notwithstanding the provisions of the Civil Code, may sell lands and especially those of articles 297, 298, 343 and 953, it is to the compa- lawful for all corporations, aggregate or sole, religious communities, institutes, tutors, curators, executors, administrators, and all other representatives or persons whatsoever, not only for themselves, their heirs and successors, but also for and on behalf of those whom they represent, whether born or unborn, lunatics, idiots, femes-covert, or other person or persons who

are or shall be seized, possessed of, or interested in any lands or grounds which the company may require for the purposes of the said road, to contract for, sell and convey to the said company all or any part of such lands so required by the company for such purposes.

All contracts, agreements, sales, conveyances, and assurances Validity of so to be made, shall be valid and effectual in law, to all intents such con-. and purposes whatsoever, notwithstanding any law, statute, usage or custom to the contrary.

tracts.

indemnified..

All such corporations or communities, or persons whatso- Persons so ever, so conveying as aforesaid, are hereby indemnified for conveying what they, or any of them, shall respectively do, by virtue of or in pursuance of this section. 33 V., c. 32, s. 42.

tors owning

5106. Whenever any land or property shall belong undi- Agreements videdly to several persons, any agreement made in good faith with proprie between the company and any proprietors, owning undivid- undividedly. edly two-thirds or more of such land or property, as to the amount of compensation to be allowed for the same or for any damages thereto, shall be binding as between the remaining proprietors and the company.

The proprietors who have so agreed may deliver possession Possession of such land or property to the company, or empower them to may be given enter upon the same, as the case may be. 33 V., c. 32, s. 43.

§ 9.-Arbitration.

by them.

of three arbitrators in cer

tain cases.

5107. In case of disagreement between the company and Appointment any party interested, and whenever the company by the exercise of its powers may have rendered a valuation necessary, such valuation shall be made by three arbitrators, of whom one shall be appointed by the company, another by the person interested, and the third arbitrator by the two first; and the arbitrators, in the valuation they may make of the value of any lands the company may take to straighten the existing road, shall take into consideration and allow for the benefit to accrue to the person to whom compensation is to be made for the same. 33 V., c. 32, s. 44.

ed is absent.

5108. Whenever the person interested resides beyond the When the limits of the district, then, upon a petition presented by the party interestcompany, accompanied by an affidavit of some one of its officers that such person cannot be found in the district, any judge of the Superior Court may appoint an arbitrator for such interested person. 33 V., c. 32, s. 45.

5109. The arbitrators, previous to entering on their duties, Duties and shall be sworn before a justice of the

peace.

They have power to summon witnesses and to examine the parties on oath, and their award or that of the majority of them shall be final and conclusive.

powers of the arbitrators.

Provided that no such award be made, or any official act Proviso. done by such majority, except at a meeting fixed by an adjourn

Damages and obstructions

to the com

&c.

ment at which such third arbitrator was present, or at a meeting of which the third arbitrator has had at least one clear day's notice. 33 V., c. 32, s. 46.

5110. The company may, previously to the appointment of arbitrators, offer a compensation to the opposite party, and whenever the amount awarded by the arbitrators does not exceed that offered by the company, the costs of arbitration shall be borne by the opposite party, otherwise they shall be paid by the company. 33 V., c. 32, s. 47.

5111. Upon payment or legal tender of the compensation so awarded, or determined, or agreed upon by the parties themselves, to the person entitled to receive the same, or upon the deposit of the amount of such compensation in the office of the prothonotary of the Superior Court, when the person resides without the district, the award vests in the company the power forthwith to take possession of the lands, or to exercise the right, or to do the thing for which such compensation was awarded. If any resistance or forcible opposition be made by any person to its so doing, any justice of the peace may, on proof to his satisfaction that the requirements of this section have been complied with, issue his warrant to any sheriff or bailiff, or other person to whom it may appertain, to put the company in possession of such lands and to put down such resistance or opposition, which the said sheriff or bailiff or other person, taking with him sufficient assistance, shall accordingly do; the whole at the cost of the proprietor refusing to yield such possession. 33 V., c. 32, s. 48.

any

§ 10.-Penalties and Suits.

5112. No person shall in any manner obstruct the road, or shall leave vehicle or horse thereon, unless under the charge pany's works, of a proper person, or shall permit his cattle to stray over the same, or shall pass through the gates without paying the tolls, or shall, after having gone over a part of the said road, leave the same with a view to elude the payment of toll, or shall allow any person to pass through or over his land with any vehicle or cattle, with the intention of evading the payment of toll.

Penalty.

The company

Any person contravening any provision of this article. shall, on conviction, be liable to a penalty of not less than one dollar nor exceeding ten dollars. 33 V., c. 32, s, 50.

5113. The company may sue or be sued in any court of jusmay sue or be tice in this Province. 33 V., c. 32, s. 51.

sued.

Shareholders, officers, &c., may be competent wit

nesses.

5114. In any action or suit, in civil matters, brought by or against the company upon any contract or for any matter or thing whatever, any stockholder, officer, or servant of the company is a competent witness, and his testimony shall not be deemed inadmissible on the ground of interest, or of his being such officer or servant of the company. 33 V., c. 32, s. 52.

5115. All suits or actions for any offence against the provi- Limitation of sions of this section shall be instituted within six months, and actions. shall be brought before any magistrate having jurisdiction and Proceedings be decided in a summary manner. 33 V,, c. 32. ss. 53 and 54. in such suits.

fines.

5116. The fines and penalties may be levied and collect- Levying of ed by distress and sale of the offender's goods and chattels, under the authority of any warrant of distress, for that purpose to be issued by the justice of the peace before whom the case shall have been tried; and in case there shall be no goods or chattels to satisfy such warrant, such offender shall and may be committed to the common gaol of the district for any period not exceeding one month.

The amount of such fines shall be divided between the com- Applications pany and the local municipality in which the offence shall have of fines. been committed. 33 V., c. 32, s. 54.

paid instal

5117. The calls due by shareholders, and for which the Suits for recompany shall have a privileged claim on the lands under the covery of unprovisions of this section, and also the amount of commuta- ments tions which the company is empowered to demand by virtue of the same provisions, shall be sued for and recovered before any court of competent jurisdiction, and may be collected by an ordinary writ of execution.

stalments are

After judgment obtained and the sale of the goods and chat- List of lands 'tels, it shall be lawful for the company, or its assigns, before for which inthe first day of December of each and every year, to transmit due. to the secretary-treasurer of the county a list, showing:

1. The description of all the lands on which any calls or commutation money shall be due under and by virtue of this section, together with the names and surnames of the owners; 2. Opposite to the description of each of the lands, the amount of the calls due, and the annual commutation money due and unpaid.

such lands

Such lands shall be sold by the secretary-treasurer of the By whom county council according to the provisions of the Municipal Code respecting the sale of lands for municipal taxes.

are sold.

Such sales shall have the same effect as sales made for taxes, Effect of sale. and the owners thereof, or any other person in the name of the owner, may redeem the said lands in the manner and form provided in the said Code. 33 V., c. 32 s, 55.

§ 11.-Miscellaneous.

5118. After the road has been completed and tolls establish- Repair of the ed thereon, it is the duty of the company to keep the road. same in good and sufficient repair, and in case it should allow the road to fall into decay and get out of repair, it may be sued in the Superior Court of the district, and if the company be convicted, the court before which the proceedings shall be had shall direct it to make, within such time as to such

Consequence repair.

court shall seem reasonable, the necessary repairs, for the want of which such prosecution shall have been brought. In default of such repairs being made in the manner and of default to within the time prescribed by such judgment, the company shall be dissolved, and the said road shall belong thenceforth to Her Majesty, her heirs and successors, to and for the use of the public, in the same manner as all other public roads or works, and shall thenceforth be subject to all road laws and laws affecting public works, and the powers of the company shall be from thenceforth transferred to the Lieutenant-Governor in Council, who may, at any time, on the terms and conditions which may be established by him, hand over the said road to the municipalities interested. 33 V., c. 32, s. 56; 43-44 V., c. 55, s. 1.

Municipalities may acquire by mutual agree

ment.

Division of the amount paid in this

case.

Union of several companies.

Publication

of certain notices.

Notices to non-resident

5119. Any local municipality, provided the road be entirely within its limits, and any county municipality, if the road be comprised within two local municipalities, may, by mutual agreement, acquire the road from the company, and such municipality shall be thenceforth subject to all the obligations of the company. 33 V., c. 32, s. 57.

5120. Whenever a road is acquired by virtue of the powers. contained in the preceding article, the amount paid by the municipality shall, after deducting the debts and obligations of the company, be divided between the shareholders in proportion to their respective investments. 33 V., c. 32, s. 58.

5121. Any two or more companies, incorporated by virtue of the provisions of this section, may, by and with the consent of two-thirds of the shareholders of each company, and with the approval of the Lieutenant-Governor in Council, on the report of the Commissioner of Public Works, unite into one company, on such conditions as shall be agreed on between them; and the name of the new company shall be approved by the Lieutenant-Governor in Council, and published in the Quebec Official Gazette. 33 V., c. 32, s. 59; 50 V., c. 7, s. 12.

5122. Every public notice required by this section is made and posted at the doors of the churches of the parishes in which the road is situate, after divine service in the morning, three days at least previous to the day fixed for any meeting of shareholders or for any purpose mentioned in the notice.

The secretary of the company shall send a written notice, shareholders. posted at least eight days before the day appointed for the meeting, to each shareholder residing without the limits of the said parishes. 33 V., c. 32, s. 60.

Service of

other notices.

5123. All other notices required by this section shall be served on the party interested at least three clear days in advance. 33 V., c. 32, s. 61.