What provi

sions such or

der in Council may contain.

Revocation or alteration

ed with consent of grantee, &c.

2. And such Order in Council may contain any conditions, clauses and limitations agreed upon, which, as well as all the provisions of such Order in Council, shall, (in so far as they are not inconsistent with this Act, and do not purport to grant any right or power not immediately before the making of such Order in Council, vested in the Crown or in the Governor in Council, or in some Officer or Department of the Provincial Government,) have force and shall be obeyed, as if they had been contained in this Act, and had made part of the enactments thereof;

3. And any such Order in Council may, with the consent of the thereof allow. Grantee, be revoked or amended by any subsequent Order in Council published as aforesaid;---and a copy of the Canada Gazette containing any such Order in Council shall be evidence thereof, and the consent of the Grantee thereto shall be presumed unless disputed by such Grantee, and if disputed, shall be proved by any copy of such Order in Council, on which the consent of the Grantee thereto shall be written and attested by such signature or seal, or both, as would be sufficient to make any Deed or Agreement the Deed or Agreement of such Grantee;

Penalties for

tive to Public Works,

4. Nothing in this Act, or in any Order in Council made offences rela- under it, shall exempt any person from any punishment or penalty imposed by or under authority of any Law, for any offence relative to any Public Work,--but so much of any such penalty as would otherwise belong to the Crown, shall, if it be so provided in the Order in Council, belong to the Grantee, otherwise it shall belong to the Crown; but this shall not prevent the repeal or alteration by the Grantee of any such penalty imposed by the Governor in Council under the authority of any law, if the power to repeal or alter the same is transferred as aforesaid to such Grantee,-or by the Governor in Council with the consent of the Grantee, if such power is not so transferred.

Order in

Public Work

ters.

78. The provisions and conditions of any Order in Council Council trans- made under this Act may extend-to the mode of adjusting ferring any and determining any difference arising between the Crown may extend to and any Company or Municipal Corporation as to their rescertain mat- pective rights under the same, or to the reservation of the right of re-entry by the Crown into possession of any Public Work on the default of such Company or Corporation to perform the conditions agreed upon,-and to the vesting in any Sheriff power to give possession of such Public Work to any Public Officer for the Crown, on any warrant under the hand and seal of the Governor to be addressed to such Sheriff, reciting such default and commanding him to give possession to such Officer for the Crown as aforesaid ;-And no enactment made for the purpose of enforcing the provisions of any such Order in Council as aforesaid, shall be deemed an infringement

infringement of the 'rights of the Company or Municipal Corporation to which it relates; but nothing in this section shall prevent the enforcement of the rights of the Crown in any legal manner not inconsistent with the provisions and conditions of any such Order, in Council, and the right of re-entry reserved in any such Order in Council may always be enforced in the manner provided by sections seventy, seventy-one and seventy

two.

&c.

79. No Road, Bridge or Public Work shall be transferred to Certain any Company without the reservation of power on the part of powers must the Crown to resume the same at any time after the expiration be reserved, of a period which shall not exceed ten years, on conditions to be embodied in the Order in Council transferring it: and no such Road, Bridge or Public Work shall be leased to any Company for a longer period than ten years.

80. No Road, Bridge or Public Work shall be sold or leased Security must to any Company, unless security, real or personal, has been given be given. to the satisfaction of the Governor in Council, for an amount equal to ten per centum of the actual value of such Road, Bridge or Public Work in case of sale, or on the estimated value of such Work in case of lease, and such security shall be forfeited to the Crown in case of non-compliance with the conditions of such sale or lease.

pair.

81. In every instance, one of the conditions of the sale or Work to be lease of any Road, Bridge or Public Work shall be,-that such kept in Work shall be kept in thorough repair, and that, for all the pur- thorough reposes of such contract, sale or lease, the sufficiency of such repair shall be ascertained and decided on by such Engineer as shall be appointed to examine the same by the Commissioner of Public Works.

chapter.

82. Subject to the provisions of this Act, the provisions Acts 12 V. of the Act twelfth Victoria chapter fifty-six, shall extend cap. 56, exand apply to any Company in Lower Canada, to be formed tended to companies formed for the purpose of acquiring for ever, or for any term of for purchasing years, any of the Public Roads, Harbours, Bridges or Public Public Works Buildings which may be lawfully transferred to any such under this Company under this Act, or for the purpose of so acquiring and of improving or extending (or both) any such Public Work,-as fully as if such purpose were expressly enumerated in the said Act (12 V. c. 56,) among the purposes for which Companies may be formed under the same, the form of the instrument of association given in the schedules to the said Act being varied so as to express that the Company is formed under said Act as extended by this Act, and for what purpose it is formed:

2. Provided always, that no Company to be so formed for the Such compapurpose of acquiring any such Public Work (whether with or nies not liable

3*

without

to certain pro- without the intention of extending the same) shall be liable to visions of the be opposed or prevented from acquiring such work or from

said Act.

Certain sections of the said Act to apply.

Proviso.

What shall be

tolls to be

using and working the same, by any Municipal Council or other party, nor shall the Company be bound to make any report respecting such work to any Municipal authority,-nor shall such Municipal authority or the Crown have the right of taking such work at the end of any term of years;-but the provisions of the said Act (12 V. c. 56,) as to such opposition and prevention, or to such report, or to the taking of the works and property of the Company by any Municipal authority or by the Crown, shall apply only to the extension of the same beyond the local limits of the work when transferred to the Company;

3. Nor shall any of the provisions of the said Act (12 V. c. 56,) inconsistent with any lawful provision or condition in any Order in Council legally made under this Act, or with the rights transferred by the same, apply to the Company to which such Order in Council relates ;-but nothing herein shall prevent the reservation in any such Order of the power of taking any such work with or without any such extension, and by the Crown or any Municipal authority, on the terms and conditions therein to be expressed;

4. Provided always that the thirty-fifth section of the Act above cited, shall apply to Roads, Bridges and other Works transferred to any Company, and to the Company to whom the same have been transferred as far as regards such Roads, Bridges and Works.

83. The Tolls to be taken by any Company to be formed the maximum for the purposes aforesaid, on any such Public Work not being taken by any a Road, shall not be regulated by the provisions of the Act (12 such company. V. c. 56,) first mentioned, but the maximum Tolls to be levied on such work by the Company shall be the maximum tolls which can be lawfully levied on such work, under this Act unless some lower maximum be fixed (as it may be) by the Order in Council transferring the work to the Company, or by some further order amending the same, made with the consent of the Company ;-and the Tolls to be levied on any Road, or on any extension of such other Public Work shall only be regulated by the Act first mentioned in the absence of any special provision for lower rates in the Order in Council as aforesaid:

As to exemp

2. Provided always, that no exemption from Tolls on any Road tion from toll. or other Public Work so transferred or on any extension thereof, shall be valid against any Company to be formed under the next preceding section of this Act, except such only as can be validly claimed under the Act (12 V. c. 56,) first mentioned, on works constructed under the authority thereof, unless such exemption from Toll is stipulated in the Order in Council transferring such Public Work to the Company.

84. Any party residing on the line of any Road transferred Provision in to any Company or Municipal Corporation under the provisions favor of parties residing of this Act, and within half a mile of the limits of any City within a ceror Incorporated Town, may commute with such Company or tain distance Municipal Corporation for a certain sum per month to be paid of the limits of any City or by such party to the Company or Corporation for passing and incorporated re-passing through the Toll-gate between the residence of such Town. party and the limits of such City or Town, and in default of agreement such commutation may be fixed by arbitration, each party appointing one arbitrator, and the two arbitrators a third, and the decision of any two of such arbitrators being final;-And in default of commutation, either by agreement of award of arbitration, such Company or Municipal Corporation shall be entitled to charge such party or his servants and others passing such gate with his carriages or vehicles, horses or cattle, such Tolls only as will bear the same proportion to the Tolls per mile then charged by the Company or Municipal Corporation to other parties, as the distance between the limits of the said City or Town and the residence of the party first. aforesaid bear to one mile.

Tolls on Public Works.

85. The Governor in Council may, by Orders in Council to Governor inbe issued and published as hereinafter provided, impose and Council may authorize the collection of Tolls and Dues upon any Canal, for the use of impose tolls Harbor, Road, Bridge, Ferry, Slide, or other Public Work, in any Public this Province, vested in Her Majesty, or in the Commissioner of Work, and Public Works, or in any Public Officer, person, or body cor- tions for their make regulaporate, for the public uses of this Province, or to be acquired collection. therefor,-and from time to time, in like manner, may alter and Such tolls change such Tolls or Dues, and may declare the exemptions may be altertherefrom; and all such Tolls and Dues shall be payable in ed. advance and before the right to the use of the Public Work in respect of which they are incurred shall accrue, if so demanded by the Collector thereof:

Provided always, that no such Tolls or Dues shall ex- Such tolls not ceed the maximum rates in the Schedule B to this Act as to exceed, &c. regards the works in the said Schedule referred to.

ed.

86. Any fraction of a ton or of any other quantity mentioned Fractions in the Schedule B to this Act as that on which the Tolls to be how computlevied on the said Works are to be calculated, may be considered as a whole ton or quantity.

able on vessels

87. The same Tolls shall be payable on Steamboats or Ves- What tolls sels of any kind and Passengers, brought down the River St. shall be payLawrence, past any of the Canals between Montreal and and passenKingston, as would be payable on such Steamboats, Vessels or gers coming Passengers, if the same had been brought through the Canal or down the St.. Canals past which they are so brought down; and such Tolls rapids.

shall

Lawrence

Governor in

shall be levied in like manner, and under the like penalties and forfeitures for the non-payment thereof.

88. The Governor in Council may from time to time, on the Council may report of the said Commissioner, place the toll-gates on the alter the place roads in Schedule A, at such places and such distances from each other as appear to him advisable.

of toll gates,

&c.

Officers and soldiers on duty to pass toll-free over roads and bridges.

89. Her Majesty's Officers and Soldiers, being in proper uniform, dress or undress (but not when passing in any hired or private vehicle), and all carriages and horses employed in Her Majesty's service, when conveying persons or baggage, shall be exempted from payment of any tolls on using or travelling over any road or bridge named in the Schedule A to this Act annexed, or made or constructed with the public money of this Province but nothing herein shall exempt any boats, barges, or conveying the other vessels employed in conveying the said persons, horses, any canal, not baggage or stores along any canal, from payment of tolls, in like to be exempt. manner as other boats, barges and vessels are liable thereto.

Boats, &c.,

In what man

ner tolls and penalties under this Act shall be recoverable;

And how levied.

90. All tolls and dues imposed under this Act may be recovered, with costs, in any Court having civil jurisdiction to the amount, by the Collector or person appointed to receive the same, in his own name or in the name of Her Majesty, and by any form of proceeding by which debts to the Crown may be recovered:

2. And all pecuniary penalties imposed by this Act, or by any regulation made under the authority thereof shall be recoverable with costs before any Justice of the Peace for the District, County or place in which the offence was committed, upon proof by confession or by the oath of any one credible witness, and may, if not forthwith paid, be levied by distress and sale of the goods and chattels of the offender, by warrant under the hand and Application of seal of such Justice; And if sufficient distress cannot be found, penalties. and such penalty be not forthwith paid, such Justice may, by warrant under his hand and seal, cause the party offending to be committed to the Common Gaol of the District or County, there to remain without bail or mainprize, for such time as such Justice may direct, not exceeding thirty days, unless such penalty and costs be sooner paid;---And such penalties shall belong to Her Majesty for the use of the Province;

Proviso as to

:

tolls, penalties, &c., accruing or in

curred with respect to timber pas

3. Provided always, in respect to tolls and dues on timber passing any slide, and to penalties for violating any regulation respecting such slides, or for non-payment of such tolls and dues, that the same may be enforced, imposed and collected, by and before any Justice of the Peace within any District or sing any slide, County in the Province in which the timber respecting which such tolls or dues, or the person from whom such payment or penalty is demanded, happens to be at the time application is made to such Justice to enforce payment of the same.

&c.