Petition served on owner of land.

Expenses, how paid.

ing docks, wharves, piers, roads, canals, pipe-lines, railways, tramways, reservoirs, dams, tanks, water-ways, flumes, water works and other works of the company, or when it shall be necessary for any purposes of the company that it should be invested with lakes, streams, or other lands covered with water, and no agreement can be made for the purchase of such lands or lands covered with water, it shall be lawful for the company or its directors to apply by petition with a plan annexed, to the Governor-in-Council, showing the situation of the lands required for the purposes of the company, a description thereof by metes and bounds, the names of the owners or occupiers thereof, and any incumbrances thereon that may be known to the company, and the amount which the company has offered to pay the person or persons owning or occupying the same, and praying for the expropriation thereof.

23. Upon the presentation of such petition the Provincial Secretary shall forthwith, at the expense of the company, cause a copy thereof to be served upon the owner or occupier of the lands mentioned in such petition, and along with such copy the Provincial Secretary shall also cause to be served upon such owner or occupier a notice that upon a day (to be named therein), which shall not be earlier than twenty days after the service of such notice and copy, a commissioner to be appointed by the Governor-in-Council, will at a place and time to be named in such notice, hear any and all objections to such expropriation. Upon the day and at the place so named said commissioner shall hear all the parties interested, and report the evidence to the Governor-in-Council, and the Governor-in-Council, if satisfied that the property sought to be expropriated is actually required for the carrying on of the works of the company, and is not more than is reasonably necessary therefor, and is otherwise just and reasonable, shall thereupon by orderin-council declare the lands sought to be expropriated, or any portion thereof, to be vested in said company in fee simple free from incumbrances, subject to the payment of damages as hereinafter provided for.

24. The services of said commissioner shall be paid for by the company at such reasonable rate as shall be fixed by the Governor-in-Council, and such company may be required to deposit a sum not exceeding one hundred dollars to reimburse any expenditure made by the Governor-inCouncil under said petition before such commissioner shall be appointed for the purpose herein before stated, and in case the application is refused the Governor-in-Council may

order that a reasonable sum be allowed to defray expenses of the owner of the property sought to be expropriated. Within thirty days after the passing of such order-incouncil, the company may give notice to the owner or occupier of the property sought to be expropriated, requiring him to name one arbitrator, and the company shall also in such notice name one arbitrator, for the purpose of assessing what damages shall be paid for the property so appropriated, and in case such owner or occupier refuses or fails to appoint an arbitrator within ten days thereafter, a judge of the Supreme Court, or the judge of the county court for the district in which the land appropriated lies, shall appoint such arbitrator.

25. The said two arbitrators shall be notified of their Arbitrators. appointment by the petitioner or his solicitor or agent, and shall within twenty days thereafter choose a third arbitrator, and in case of their failing to select such third arbitrator within twenty days after notice to them as aforesaid of their said appointment, such third arbitrator shall be appointed by the Governor-in-Council, and such arbitrators shall, without delay, proceed to assess the damages for said property so expropriated. On payment, or as in this Act hereinafter provided, to the owner or occupier of such lands of the damages so assessed, the company shall have a title in fee simple and clear of encumbrance to the property so expropriated.

certain cases.

26. In case any property so sought to be expropriated Paymert in is found to be encumbered by mortgage or judgment, or coun where the title thereto is in dispute, payment of the damages to the prothonotary of the Supreme Court for the county 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 of the county court for the district in which the lands lie, on 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 interested therein. In case the company is in any case unable to ascertain the name of the owner of any lands sought to be expropriated under section 23 of this Act, and said lands are unoccupied, such facts shall be stated in the application to the Governor-in-Council provided for in said section 23, and the Governor-in-Council may by order name a person to represent the owners, and such person shall thereupon represent the owners for all purposes under sections 24, 25 and 26 of this Act. The company shall pay the person so appointed such a fee as the Governor

Resident agent.

When act shall cease.

Head office.

in-Council may fix, and the company shall in such case pay the damages assessed into court, and such payment shall be held a compliance with section 27 of this Act.

27. The directors shall appoint an agent in the county of Cape Breton, service on whom of all process, notices and other documents shall be held to be sufficient service on the company. The name of such agent shall be filed with the registrar of deeds for the county of Cape Breton, and for the counties in which the business of the company is being carried on, and in case of the death or absence of such agent from the province, and before the appointment of another, service of process, notices and documents may be made by affixing a copy upon some conspicuous building or office of the company in which the business of the company is being carried on, and advertising the same for two weeks in newspapers published in such counties, and if there are no newspapers published in such counties then by advertising the same for two weeks in at least one newspaper published in the city of Halifax.

28. This Act shall cease and determine unless the said company shall be organized within two years from the passage hereof and actually engaged in business.

29. The head office of the company shall be at Sydney in the county of Cape Breton or such other place within the province of Nova Scotia as the directors may by by-law determine.

CHAPTER 135.

An Act to amend Chapter 146, Acts of 1903-4, entitled, "An
Act to incorporate the Davison Tramway Company,

Limited."

Name hanged.

Be it enacted by the Governor, Council, and Assembly, as follows::

1.

The name "Davison Tramway Company, Limited," is hereby changed to Springfield Railway Company,

Limited," and chapter 146 of the Acts of 1904, is hereby amended accordingly.

affected.

2. The change enacted in this Act shall not in any Liability not way effect any obligation, debt or liability of the "Davison Tramway Company, Limited," or any claim or right now existing, accruing, accrued or established in favor of the said "Davison Tramway Company, Limited," or any act or thing done under the authority of the Act hereby amended, or any contract or agreement made by or entered into with said Davison Tramway Company, Limited," or any claim, demand, suit, action, or proceeding at law or in equity, now pending against said company, or which has been instituted by said company, and the same may be enforced or proceeded with against, or by the said corporation under the said name of "Springfield Railway Company, Limited."

CHAPTER 136.

An Act to incorporate the Gold River Mines and Power
Company, Limited.

Be it enacted by the Governor, Council, and Assembly, as follows:

1. Phil. H. Moore of Bridgewater, in the county of Lun- ncorporation. enburg, mining engineer; Frank H. Proctor, of Boston, in the State of Massachusetts, United States of America, insurance agent, and Maynard M. Reynolds, of Halifax, in the county of Halifax, barrister-at-law, and such other persons as they associate with themselves or become shareholders in the company, are constituted a body corporate under the name of "Gold River Mines and Power Company, Limited," hereinafter called "the company."

Objects.

2. The objects of the company shall be as follows:

(a) To purchase, hold, acquire, lease, sell, and dispose of, mines, mining rights and other rights, easements, and privileges.

(b) To purchase or acquire any interest in, and to hold, use, work, and occupy any lands, buildings, gold, and other mines, minerals, mining rights, and other rights, easements, and privileges, and to sell, convey, or mortgage the same by deed or deeds, with the usual covenants. To purchase or acquire, construct or aid in or subscribe towards the purchasing, acquiring, construction, maintenance or improvement of water works, tanks, reservoirs, dams, water courses, sluices, ditches, aqueducts, and electrical and all other power transmission plant, and also of ways, roads, bridges, tramways, railways, canals and quays and wharves, for the purposes of the company, or for access to and from the works and property of the company, or to connect the same with other lines of communication in or at any port, place, river, or other outlet for traffic, and to work and maintain or control such undertakings, and to provide plant for the proper working and maintenance thereof.

(c) To mine, quarry, get, work, mill and prepare for sale by any process, gold, and other ores, and all or any other metallic products, and to manufacture therefrom any by-products, and to smelt the ores and other metallic substances, and to manufacture any other products therefrom, and to trade in the products of such mines or manufactures.

(d) To purchase, acquire any interest in, hold, use, occupy, sell, and convey real estate, mills, machinery, vessels, vehicles propelled by steam, electricity or otherwise, and other property, and to mine, smelt, dress, and in every or any manner, and by every or any process to manufacture the ores, minerals and metallic or other products, and for such purposes to make and execute all necessary and proper works, and to do all necessary and proper acts, and erect and maintain all suitable furnaces, forges, mills,