to be taken.

12. The extent of the public beach, or of the land covered Extent of with the waters of any river or lake in the Province, taken for public beach the railway, shall not exceed the quantity limited in the last preceding clause. R. S. O. 1877, c. 165, s. 12.

vey lands.

13.-(1) All corporations and persons whatever, tenants in Corporation, tail or for life, guardians, executors, administrators, and etc., may conall other trustees whatsoever, not only for and on behalf of themselves, their heirs and successors, but also for and on behalf of those whom they represent, whether infants, issue unborn, lunatics, idiots, femes covert, or other persons, seised, possessed of or interested in any lands, may contract for, sell and convey unto the company all or any part thereof.

certain cases.

(2) But the powers by the preceding sub-section conferred Limitation upon rectors in possession of glebe lands, ecclesiastical and of powers in other corporations, trustees of land for church and school purposes or either, executors appointed by wills in which they are not invested with any power over the real estate of the testator, administrators of persons dying intestate, but at their death seised of real estate, shall only extend and be exercised with respect to any of such lands actually required for the use and occupation of any company. R. S. O. 1877, c. 165, s. 13.

ing section.

14. Any contract, agreement, sale, conveyance and assur- Effect of sale ance made under the preceding section shall be valid and under precedeffectual in law to all intents and purposes whatsoever, and shall vest in the company receiving the same, the fee simple in the lands in such deed described, freed and discharged from all trusts, restrictions and limitations whatsoever, and the corporation or person so conveying, is hereby indemnified for what he or it respectively does by virtue of or in pursuance of this Act. R. S. O. 1877, c. 165, s. 14.

15. The company shall not be responsible for the dis- Disposition of position of any purchase money for lands taken by it for its purchase purposes, if paid to the owner of the land or into Court for his benefit, as hereinafter provided. R. S. O. 1877, c. 165, s. 15.

money.

tracts made

16. Any contract or agreement made by any party authorized Effect of conby this Act to convey lands, and made before the deposit before deposit of the map or plan and book of reference, and before the of map. setting out and ascertaining of the lands required for the railway, shall be binding at the price agreed upon for the same lands, if they are afterwards so set out and ascertained within one year from the date of the contract or agreement, and although such land may, in the meantime, have become the property of a third party; and possession of the land may be taken and the agreement and price may be dealt with, as if such price had been fixed by an award of arbitrators as hereinafter provided, and the agreement shall be in the place of an award. R. S. O. 1877, c. 165, s. 16.

After one month's notice

of deposit of map, etc., ap

plication to the owner of lands.

Deposit, etc.,

notice.

17. All corporations or persons who cannot in common course of law sell or alienate any lands so set out and ascertained, shall agree upon a fixed annual rent as an equivalent, and not upon a principal sum, to be paid for the lands; and if the amount of the rent is not fixed by voluntary agreement or compromise, it shall be fixed and all proceedings shall be regulated in the manner herein prescribed; and for the payment of the said annual rent, and every other annual rent agreed upon or ascertained, and to be paid for the purchase of any lands, or for any part of the purchase money of any lands, which the vendor agrees to leave unpaid, the railway and the tolls thereon shall be liable and chargeable in preference to all other claims and demands thereon whatsoever, the deed creating such charge and liability being duly registered in the registry office of the proper registry division. R.S O. 1877, c. 165, s. 17.

18. Where more persons than one are proprietors of any land as joint tenants or tenants in common, any contract or agreement made in good faith with any person being proprietor or with any persons being together proprietors of one-third or more of such land, as to the amount of compensation for the same or for any damages thereto, shall be binding as between the remaining proprietor or proprietors as joint tenants or tenants in common; and the proprietor or proprietors who have so agreed, may deliver possession of such land, or empower the entry upon the same, as the case may be. R. S. O. 1877, c. 165, s. 18.

19. (1) After one month from the deposit of the map or plan and book of reference, and from notice thereof in at least one newspaper, if there is any, published in each of the districts and counties through which the railway is intended to pass, application may be made to the owners of lands or to parties empowered to convey lands, or interested in lands which may suffer damage from the taking of materials or the exercise of any of the powers granted for the railway, and thereupon, agreements and contracts may be made with such parties touching the said lands, or the compensation to be paid for the same, or for the damages, or as to the mode in which such compensation shall be ascertained, as may seem expedient to both parties, and in case of disagreement between them, or any of them, then all questions which arise between them shall be settled as in the next section mentioned.

(2) The deposit of a map or plan and book of reference, and to be general the notice of the deposit, shall be deemed a general notice to all such parties as aforesaid of the lands which will be required for the railway and works. R. S. O. 1877, c. 165, s. 19.

Notice to opposite party.

20. (1) A notice shall be served upon the party which shall contain:

(a) A description of the lands to be taken, or of the powers intended to be exercised with regard to any lands (describing them);

(b) A declaration of readiness to pay some certain sum or rent, as the case may be, as compensation for such lands or for such damages; and

(c) The name of a person to be appointed as the arbitrator of the company, if their offer be not accepted.

(2) The notice shall be accompanied by the certificate of a sworn surveyor for Ontario, disinterested in the matter, and not being the arbitrator named in the notice to the following effect:

(a) That the land, (if the notice relates to the taking of land,) shewn on the map or plan, is required for the railway, or is within the limits of deviation hereby allowed;

(b) That he knows the land, or the amount of damage likely to arise from the exercise of the powers; and

(c) That the sum so offered is, in his opinion, a fair compensation for the land, and for the damages as aforesaid.

known.

(3) If the opposite party is absent from the district or If the party is county in which the lands lie, or is unknown, then, upon ap- absent or unplication to a Judge of the County Court, accompanied by such certificate as aforesaid, and by an affidavit of some officer of the company that the opposite party is so absent, or that, after diligent inquiry, the party on whom the notice ought to be served cannot be ascertained, the Judge shall order a notice as aforesaid, but without a certificate, to be inserted three times in the course of one month in some newspaper published in the said district or county.

(4) Where a Judge of a County or District Court is interested Provision in lands taken or required within the county in which he is when the County Judge Judge, by any company, for railway purposes, a Judge of the is interested in High Court shall, on application of the company, exercise in lands required such case all the powers given to a Judge of a County Court way. by the provisions of this section in cases in which he, such Judge of a County Court, is not interested.

for any Rail

(5) If within ten days after the service of the notice, or Party not acwithin one month after the first publication thereof as afore- cepting the said, the opposite party does not notify to the company his offer, and not Company's acceptance of the sum offered by them, or notify to them the appointing an name of a person whom he appoints as arbitrator, then the arbitrator. Judge shall, on the application of the company, appoint a sworn surveyor for Ontario, to be sole arbitrator for determining the compensation to be paid as aforesaid.

(6) If the opposite party within the time aforesaid, notifies to the company the name of his arbitrator, then the two arbitrators shall jointly appoint a third, or if they cannot agree upon a third, then the Judge shall, on the application of the party or of the company (previous notice of at least one clear day having been given to the other party), appoint a third arbitrator.

(7) The arbitrators, or any two of them, or the sole arbitrator, being sworn before some Justice of the Peace for the district or county in which the lands lie, faithfully and impartially to perform the duties of their office, shall proceed to ascertain the compensation in such way as they or he, or a majority of them, deem best; but no award shall be made or any official act be done by the majority, except at a meeting held at a time and place of which the other arbitrator has had at least one clear day's notice, or to which some meeting at which the third arbitrator was present, had been adjourned; and no notice to either of the parties shall be necessary, but each party shall be held sufficiently notified through the arbitrator appointed by him, or whose appointment he required.

(8) If in any case where three arbitrators have been appointed, the sum awarded is not greater than that offered, the costs of the arbitration shall be borne by the opposite party, and be deducted from the compensation, but if otherwise, they shall be borne by the company, and in either case they may, if not agreed upon, be taxed by the Judge aforesaid.

(9) The arbitrators, in deciding on such value or compensation, are authorized and required to take into consideration the increased value that would be given to any lands or grounds through or over which the railway will pass by reason of the passage of the railway through or over the same, or by reason of the construction of the railway, and to set off the increased value that will attach to the said lands or grounds, against the inconvenience, loss or damage that might be suffered or sustained by reason of the company taking possession of, or using the said lands or grounds as aforesaid.

(10) The arbitrators, or a majority of them, or the sole arbitrator, may examine on oath or solemn affirmation the parties, or such witnesses as appear before him or them, and may administer such oath or affirmation.

(11) Any party to an arbitration under this Act, or any Railway Act of the Dominion, or of this Province may, without leave or order, obtain and issue out of the High Court, upon præcipe, setting forth the names of the witnesses to be subpoenaed, the names of the arbitrators, and the place and time of meeting, a subpoena commanding the attendance for examination of any witness, and also the production of any document to or before the arbitrator or arbi

thereto to be

trators, and at the time and place mentioned in such subpoena ; and the disobedience of such subpoena shall be deemed a con- Disobedience tempt of Court, and shall be punishable in the same manner contempt of and to the like extent as in the case of subpoenas issued in a Court. civil case.

(12) The same fees shall be payable for such subpoenas as in Fees and conthe case of subpoenas issued in civil cases, and the witnesses duct money. shall be entitled to the like conduct money.

and filed with

(13) The arbitrators shall take down the depositions of wit- Depositions to nesses in writing, and after making their award, shall forth- be in writing with deliver, or transmit, by registered letter, at the request of Clerk of either party, in writing, the depositions, together with the Records and Writs, with exhibits referred to therein, and all other papers connected exhibits, etc. with the reference except the award, to the Clerk of Records and Writs of the Chancery Division of the High Court, with appropriate stamps, to be filed by the clerk with the records of the Court.

which award

(14) The Judge by whom a third arbitrator or sole ar- Time within bitrator is appointed, shall, at the same time, fix a day on or must be made. before which the award shall be made, and if the same is not made on or before such day, or some other day to which the time for making it has been prolonged, either by the consent of the parties or by the order of the Judge (as it may be for reasonable cause shewn, on the application of such sole arbitrator, or of one of the arbitrators, after one clear day's notice to the others), then the sum offered by the company as aforesaid shall be the compensation to be paid by them.

(15) If the arbitrator appointed by the Judge, or if any Arbitrator arbitrator appointed by the parties, dies before the award has dying, etc. been made, or is disqualified, or refuses or fails to act within a reasonable time, then, in the case of the arbitrator appointed by the Judge, upon the application of either party, such Judge, being satisfied by affidavit or otherwise of such death, disqualification, refusal or failure, may appoint another arbitrator in his place, and the company and party respectively may each appoint an arbitrator in the place of his arbitrator deceased or not acting as aforesaid, but no recommencement or repetition of prior proceedings shall be required in any case. R. S. O. 1877, c. 165, s. 20, (1-14).

(16) Any notice for lands, as aforesaid, may be desisted Company may from, and new notice given, with regard to the same or other desist upon paying costs; lands, to the same or any other party, but in such case, but not more the liability to the party first notified for all damages or costs than once. by him incurred in consequence of such first notice and desistment, shall subsist; provided, however, that the right of desisting shall not be exercised more than once. R. S. O. 1877, c. 165, s. 20 (15); 47 V. c. 30, s. 11.