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Transmission

436. Immediately after the judgment is rendered, the of record to record in the cause together with a copy of the judgment deciding the appeal and a certificate of the costs allowed, shall be transmitted to the court below, under the authority of which all the costs incurred, including those in appeal, shall be levied.

court below.

Foreclosure

437. Every appellant who neglects to make the serfrom appeal. vice required by section 430, or who, having made the same neglects effectually to prosecute the appeal, shall be deemed to have abandoned such appeal, and the court or the judge, on application by the respondent, shall declare all the rights and claims, founded on the said appeal, forfeited with costs in favor of the respondent, and shall order the transmission of the record to the court below.

Responsibili

438. The sureties shall be bound to satisfy the judgty of sureties. ment under penalty of seizure and execution, and in the same manner as the principal party, fifteen days after service of the judgment upon them.

Judgment

439. No appeal shall lie under the provisions of this non appeal act, from any judgment rendered by any judge of the superior court, respecting municipal matters.

able,

Judgments not to be

attacked by

certiorari.

Act to be applicable to cities.

Act in force.

440. No judgment, decision or conviction, susceptible of appeal under this act, shall be removed by certiorari to the superior or circuit court.

FINAL PROVISIONS.

441. This act may apply to city corporations, which shall in future be incorporated; and, in such case, the word "town" shall be replaced by the word "city," every time that the meaning of this act, thus applied, shall require it.

449. This act shall come into force on the day of the sanction thereof.

CAP. XXX.

An act further to amend "The Quebec Railway act, 1869." (32 Vict., chap. 51.)

HE

[Assented to 28th December, 1876.]

ER MAJESTY, by and with the advice and consent of the Legislature of Quebec, enacts as follows:

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1. The thirteenth sub-section of the ninth section of 32 V., c. 51, s. The Quebec railway act, 1869, " is amended by striking 9, § 13,amendout the words "the judge" in the third line and replacing them with the words "any judge" and by adding after the word "district," in the third line, the following words: "or to any judge thereof exercising his functions therein."

2. The fourteenth sub-section of the ninth section of § 14,replaced. the same act is repealed, and the following is substituted in place thereof :

14. Whenever any such judge is interested in any Judge interlands, required by the company, within the district in ested or which he resides or is exercising his functions, or whene- absent. ⚫ver there is no judge in such district, any judge of the superior court, residing or exercising his functions in any adjoining district, shall, on the application of the company or of the opposite party, exercise in any such case all the powers given by this section to the resident judge and to any judge exercising his functions within the district wherein the lands required lie, in cases in which he is not interested."

3. The sixteenth sub-section of the ninth section of § 16,replaced. the same act is repealed, and the following is substituted in place thereof:

"16. If the opposite party within the time aforesaid Third arbinotifies to the company the name of his arbitrator, then trator. the two arbitrators shall jointly appoint a third, or, if they cannot agree upon a third, then the judge of the superior court shall, on the application of the party or of the company (previous notice of at least two clear days having been given to the other party,) appoint a third arbitrator."

4. The twenty-second sub-section of the ninth section § 22,replaced. of the same act is repealed, and the following is substituted in place thereof :

"22. If the sole arbitrator or the third arbitrator Arbitrators. appointed by the judge or any arbitrator appointed by the parties, or the third arbitrator appointed by the two arbitrators, dies before the award has been made, or-is disqualified, or refuses or fails to act within a reasonable. time, then in the case of the sole, arbitrator,.or in the case of the third arbitrator appointed. by the judge, upon the application of either party, previous notice of at least two clear days having been given to the other party, the judge, on being satisfied by affidavit or otherwise of such death, disqualification, refusal, or failure, shall appoint another arbitrator in his place; and in the case of any arbitrator appointed by the parties, the company and

Pending cases of ex.

party respectively, may appoint an arbitrator in the place of the arbitrator so deceased or not acting, and if the company or party refuse or neglect to appoint such arbitrator, the judge, upon the application of the party or of the company, as the case may be (previous notice. of at least two clear days having been given to the other,) on being satisfied by affidavit or otherwise of such death, disqualification, refusal, or failure and of the refusal or neglect to replace the arbitrator so deceased or not acting, shall appoint another arbitrator in his place; and in the case of a third arbitrator appointed by the two arbitrators, the provisions of the sixteenth sub-section of this section shall apply; but no recommencement or repetition of prior proceedings shall be required in any case.".

5. The preceding provisions shall not apply to cases of propriation. expropriations commenced before the coming into force of this act.

Preamble.

CAP. X X X I.

An act to amend the act incorporating the Levis and
Kennebec railway company.

[Assented to 28th December, 1876.]

WHEREAS the Levis and Kennebec railway com

pany have presented a petition, praying for an extension of the delay of eight years granted to such company by the act of this province, passed in the thirty second year of Her Majesty's reign, chapter fifty four, for the construction of the said railway, from the town of Levis, from any point in Notre-Dame ward of the said town of Levis to the frontier between the county of Beauce and the state of Maine, one of the United States;

And whereas the said Levis and Kennebec railway company represent in their petition, that they have encountered serious obstacles in the construction of such road;

Whereas the said Levis and Kennebec railway has been actually built and placed in operation, from a certain point in the parish of Notre-Dame de la Victoire, to another point, a little on this side the church of St. Joseph, in the county and district of Beauce, a distance of about forty-five miles;

Whereas it is opportune to authorize the said company to traverse the said town of Levis by passing through the villages of Bienville, Lauzon and the parish of St. Joseph de Levis, to reach the lower parts of the cliff in the said town of Levis ;

Whereas an additional delay of six years is necessary to enable the company to complete and finish such road to the said frontier, between the county of Beauce and the state of Maine as aforesaid, and it is convenient to accede to the prayer of the petition and to grant an extension of the delay to construct the said Levis and Kennebec railway Therefore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows:

1. Section two of the act of this province 32'Vict., ch. 32 V., c. 54, s. 54, is hereby amended, by striking out in the fourteenth 2, amended. line thereof, the words after the words "from Notre-Dame ward aforesaid," and substituting the following therefor "traversing the said town of Levis, the villages of Bienville and Lauzon and the parish of St. Joseph de Line. Lévis to reach the foot of the cliff in the said town of Levis."

2. Section sixteen of the same act is hereby amended, 8. 16, amendby substituting the word "fourteen" for the word ed.

66

eight," in the fourth line of the said section.

CAP. X X X I I.

An Act to amend the act incorporating the Quebec central railway company.

[Assented to 28th December, 1876.]

HEREAS the Quebec central railway Company Preamble. have by their petition represented that it is desir

able to amend their act of incorporation, and it is expedient to grant the prayer of their petition; Therefore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows:

ed.

1. The time for the completion of the said railway and Delay extendworks connected therewith is hereby extended to five years from the passing of this act.

tion.

2. This act, and the acts of this province 32 Vict. ch. Interpreta57, 36 Vict. ch. 47, and 38 Vict. ch. 45, shall be read and interpreted as forming one and the same act for the purposes of the said railway.

3. This act shall come into force the day of its sanction. Act in force.

Preamble.

Line,

35 V., c. 31, s.

CAP. XXXIII,

An act to change part of the location of the lake Champlain and St. Lawrence railway junction company, to extend the delay for the completion of the works of the line, and to define and fix more clearly the absolute mortgages and rights of privilege of the bond-holders of the said company..

[Assented to 28th December, 1876.]

WHEREAS the lake Champlain and St Lawrence

railway junction company have by their petition prayed to be authorized to change part of the location of their line, to extend the delay for the completion of the works of the line, and to define and fix more clearly the absolute mortgages and rights of privilege of the bondholders of the said company, and it is expedient that the prayer be granted; Therefore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows:

1. It shall be and it is lawful for the said company to deviate from the line fixed in its charter between Farnham and Philipsburg, so as to facilitate its junction with the railways of the United States.

If the corporation of the municipality of the township of Standbridge, before the first day of the month of June eighteen hundred and seventy-seven, subscribes for shares in the capital stock of the company to the amount of fifteen thousand dollars, this latter shall be obliged to make its line pass through the places called Bedford and Standbridge station; provided always that the southern terminus shall not be changed.

The location of the line of the said railway, between St. Hyacinthe and St. Hughes, shall be and is fixed at the place determined upon in the contract between the company and the contractor for the works in the said road, so that after having crossed the line of the Grand Trunk Railway in the direction of Ste. Rosalie, it shall pass in the neighbourhood of the Roman Catholic church in the latter parish, thence towards the third range and along this range in St. Simon until near the line dividing the latter parish from that of St. Hughes, and thence in the direction of the Roman Catholic church of the parish of St. Hughes, passing between the River Yamaska and the latter church.

Section 2 of the act of this province 35 Vict., ch. 31, is 2, amended. in consequence hereby amended and the present section is deemed to form part thereof.

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