Term in the District in which such award was made, praying such Court, for reasons to be set forth in such petition, to revise and re-consider the same, and to set side and annul the same, either wholly or in part, and if in part, stating what part, or to amend or reform the same; and Her Majesty's Attorney General or Solicitor General for Lower Canada, may appear to answer such petition for and on behalf of Her Majesty:

dissatisfied.

2. And whenever the said Commissioner is dissatisfied with If the Comany award, Her Majesty's Attorney General or Solicitor Gen- missioner is. eral may, by information on behalf of Her Majesty, apply in like manner, and for reasons to be set forth in such information, to set aside or annul such award, either wholly or in part, or to amend or reform the same;

3. And such Court may either amend or reform such award Powers of the or set aside and annul the same; and if such Court is of Court. opinion that the Claimant in any such appeal is entitled to recover an amount of compensation larger than that awarded by the Arbitrators, the Claimant shall receive from the said Commissioner, not only the amount of compensation specified in the judgment of the Court, but also such costs as the Court may award upon such appeal; And when in any such appeal instituted by Her Majesty's Attorney General or Solicitor General, the Court sets aside or annuls any award, or diminishes the amount of compensation awarded to the Claimant, then the Court may award costs to Her Majesty.

As to costs.

within four

61. No such award in Lower Canada shall be set aside Application. unless the application to the Court is made within four months must be made from the date of the award, nor unless notice of such Petition months. has been given at least twenty full days before the presentation of such Petition.

62. On every such appeal in Lower Canada, the Arbitrators What evidenceshall produce before the Superior Court all evidence taken and shall be adrecorded before them, and all plans, receipts, vouchers and missible on

other documents submitted to and filed before them in relation to such claim; And the said Court shall not allow any other evidence to be adduced upon any such appeal, except when the Arbitrators have rejected and refused to record evidence by law admissible.

Setting aside awards in Upper Canada.

appeal.

63. In Upper Canada all awards or decisions of the said The award of Arbitrators shall be subject to the jurisdiction of the Superior such arbitraCourts of Law or Equity, within the jurisdiction whereof the tors to be subject to the arbitration has taken place, in like manner and to the same extent, control of the and under the same regulations as apply to arbitrations under Courts, as the submission of the respective parties, except that no such awards of award shall be set aside unless the application to the Court is tors. made within one year from the date of the award.

Arbitration

other arbitra

Arbitrators may be ap

pointed in certain cases, otherwise

Arbitration in certain Special Cases.

64. The Commissioner of Public Works, if he deems it expedient, and when thereunto required by the parties bring-. ing claims in any of the cases before mentioned, may, under the authority of the Governor in Council, refer the said claims, than as before or any of them, to Arbitrators other than the said Official Arbitrators, which Arbitrators shall be appointed in manner following:

mentioned.

Mode in which arbitrators may be appointed.

Their powers.

Penalties on

witnesses not attending, &c.

Claimants to

2. The claimant shall appoint one Arbitrator, the Commissioner of Public Works shall appoint another, and the said two Arbitrators shall appoint a third, and in case of disagreement, the said third Arbitrator shall be appointed by a Judge of any Court of Record, upon the request of the said two Arbitrators;

3. And the said three Arbitrators shall have the same powers for the examination and decision of any claim and for commanding the attendance of and summoning before them, hearing, swearing and examining witnesses, and requiring the production of all papers and documents, as the said Official Arbitrators have or might have.

65. Every witness summoned neglecting or refusing to appear before the said Arbitrators, or to be sworn or to answer to the interrogatories put to him, or refusing to produce the documents required of him, shall be liable to the penalty prescribed by the fifty-second section of this Act, in the same manner and subject to the same exemptions and limitations, as in the said section provided, and the said penalty shall be recovered in the manner therein provided; and the said witnesses shall be entitled to be taxed in the manner therein also provided.

66. The claimant shall give security to the satisfaction of give security. the Arbitrators under the two next preceding sections, in the cases provided, and in the manner and for the purposes mentioned in the forty-sixth section of this Act.

Awards, when to be final, and when subject to revision.

Costs by whom to be paid.

67. The award of the said Arbitrators, or a majority of them, shall be final and without appeal, in all cases in which the claim submitted to them does not exceed Fifty Pounds; and in any case in which the claim exceeds Fifty Pounds, their award shall be subject to and governed by all the provisions contained in the sections sixty, sixty-one, sixty-two and sixty-three of this Act, with respect to the setting aside or confirming of the awards therein mentioned.

68. The costs for any arbitration under the sixty-fourth section shall be borne and paid in the manner provided by the Remuneration fifty-ninth section of this Act, and taxed in the manner proof arbitrators. vided by the said Section, and the remuneration of the said Arbitrators

Arbitrators shall be fixed in the same manner for the Official
Arbitrators.

Confirmation of Title to Real Property in Lower Canada.

69. In Lower Canada the compensation awarded by Arbi- In Lower Catration or agreed upon by the Commissioner and any par- nada, the comty who could under this Act validly convey the real estate, shall stand in pensation or lawfully in possession thereof as owner, for any real estate the stead of which might be lawfully taken under this Act without the the property. consent of the owner, shall stand in the stead of such land; and any claim to or hypothec or incumbrance upon such real property shall be converted into a claim to or upon the said compensation:

the Commis

2. If the Commissioner believes that any such claim, hypothec Proceedings, or incumbrance exists upon the land, or if any party to whom the to be taken if compensation or any part thereof is payable, refuses to exe- sioner has cute the proper conveyance and guarantee, or if the party reason to think that entitled to claim the same cannot be found, or is unknown hypothecs or to the Commissioner, or if for any other reason the Commis- claims exist. sioner deems it advisable---he may pay such compensation into the hands of the Prothonotary of the Superior Court for the District in which the property lies, with six months interest thereon, and may cause to be delivered to the said Prothonotary an authentic copy of the conveyance (or of the award if there be no conveyance, and such award shall thereafter be deemed to be the title of Her Majesty to the land therein mentioned), and proceedings shall be thereupon had upon application on behalf of the Crown for the confirmation of such title in like manner as in other cases of confirmation of title,-except that in addition to the usual contents of What the nothe notice, the Prothonotary shall state that such title tice to the (that is the conveyance or award) is under this Act, and shall shall contain Prothonotary call upon all persons entitled to, or to any part of the real estate, in addition to or representing or being the husband of any party so entitled, the usual par to file their oppositions for their claims to the compensation, or any part thereof;---and all such oppositions shall be received and Claims not adjudged upon by the Court, and the judgment of confirmation filed, (includshall for ever bar all claims to the real estate or any part thereof, ing dower not (including dower not yet open) as well as all hypothecs or in- ever barred. cumbrances upon the same ;---And the Court shall make such order for the distribution, payment or investment of the compensation, and for securing the rights of all parties interested as to right and justice appertain according to the provisions of this Act and to law: and the costs of the said proceedings or any part thereof shall be paid by the said Commissioner or by any other party, as the Court deems it equitable to order;

ticulars.

open) to be for

And if judgment of confirmation be obtained in less than Distribution six months from the payment of the compensation to the Pro- to be ordered thonotary, the Court may order a proportionate part of the by the Court.

interest

A guardian may be appointed to take possession of real

property for the recovery

of which an action is brought by the Crown.

Order for de

livery to guardian, how ob

tained.

Sheriff to put guardian into possession.

Property, &c.

no longer required for pu

blic purposes may be sold.

Commissioner

no longer required.

interest to be returned to the Commissioner;---and if from any error, fault or neglect in prosecuting the said application for confirmation of title, such confirmation is not obtained until after the six months are expired, the Court shall order payment of interest to the party entitled thereto for such further period as may be right.

Recovering possession of Public Works in Lower Canada.

70. Whenever an action is brought on behalf of the Crown to recover possession of any Pier, Road, Bridge, Building or other Public Work in Lower Canada, the Court before which the action is brought or any one of the Judges thereof, may order the Sheriff of the District to put the person or persons named for that purpose by the Attorney General, Solicitor General, or other Officer prosecuting such action, and moving or petitioning for such order, in possession of the Public Work designated in the action or in regard of which the action is brought, together with its appurtenances; such Public Work and appurtenances to be held by such person or persons as the guardian (gardien) or guardians thereof during the pendency of

such action.

71. Every such order may be moved or petitioned for and made, at any time after the service of the Writ of Summons in the action, either before or after the return thereof, and either in term or in vacation, and shall be granted upon affidavit shewing to the satisfaction of the Court or Judge, that the Public Work in question belongs to Her Majesty, and is unjustly or illegally detained by the Defendant.

72. The Sheriff upon receipt of any such Order, shall pu person or persons therein appointed as such guardian or guardians, in possession of the Public Work therein designated.

Sale and transfer of Public Works.

73. The Governor in Council may dispose by sale or lease of any land, stream or water course or other real property, acquired for the purpose of any public work and no longer required for the same,-or of any portion of any hydraulic power created by the construction of any Public Work or the expenditure of any public money thereon, and not required for such Public Work,-and the proceeds shall be accounted for as public moneys:

2. And the Commissioner of Public Works may, whenever he may sell lands deems it expedient, sell and convey to any person or body Corporate, any land or real estate acquired under section thirty-two of this Act, which he has under his control, and which is not required for the use of any such Public Work; and the proceeds of all such sales shall be by the said Commissioner accounted for in due course of law.

trol of the

74. Any public Road or Bridge made, built or repaired at Roads and the expense of the Province, and under the management and bridges made control of the Commissioner of Public Works, may, by Procla- vince may be by the promation issued by authority of the Governor in Council, be de- withdrawn clared to be no longer under the management and control of from the conthe said Commissioner ;---and upon, from and after a day to be commissioner. named in such Proclamation, such Road or Bridge shall cease to be under the management and control of the said Commissioner, and no Tolls shall thereafter be levied thereon under the authority of this Act.

75. Any Public Road or Bridge, declared as aforesaid Public roads to be no longer under management of the said Commissioner and bridges, no longer unof Public Works, shall be under the control of the Municipal der the Authorities of the locality and of the Road Officers thereof, in agement of the commissioner, like manner with other Public Roads and Bridges therein, to be under the and shall be maintained and kept in repair under the same control of the provisions of law which are hereby declared to extend to such local munici Road or Bridge. pal officers.

arrange for

the local au

76. The Governor in Council may enter into arrangements Governor in with any of the Municipal Councils or other Local Corpo- Council may rations or Authorities, or with any Company in Lower or the transfer Upper Canada incorporated for the purpose of constructing or of certain pubholding such works, or works of like nature in the same sec- lic works to tion of the Province--for the transfer to them of any of the thorities. Public Roads, Harbours, Bridges or Public Buildings [whether within or without the limits of the Local Jurisdiction of such Municipal Councils or other Authorities] which it is found convenient to place under the management of such Local Authorities or Companies --And on the completion of such arrangements, the Governor in Council may grant, and by so granting, transfer and convey for ever or for any term of years, all or any of such Roads, Harbours, Bridges or Public Buildings, to such Municipal Council, or other Local Authority or Company (hereinafter called Grantee,) upon such terms and conditions as have been agreed upon; and the said Municipal Councils or other local Authorities may enter into such arrangements and may take and hold any such works so transferred;---And all moneys payable to the Province under the conditions of any such grant, shall be carried to the credit of the Sinking Fund and form part thereof.

cil.

77. Any such grant of any of the said Public Works, may Transfer to be be made by Order of the Governor in Council, published in effected by the Canada Gazette ;--and by such Order, any or all of the order in Counpowers and rights vested in the Crown or in the Governor in Council, or in any Officer or Department of the Provincial Government, with regard to the Public Work thereby granted, may be granted to and vested in the Grantee to whom the Public Work is granted :