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Preamble.

31 Vict. c. 12.

Certain works

declared to be within the

35 VICT. CAP. 24.

An Act to remove doubts under the Act respecting the Public Works of Canada.

FOR

[Assented to 14th June, 1872.]

OR the removal of doubts under the Act passed in the thirty-first year of Her Majesty's Reign, and intituled "An Act respecting the Public Works of Canada," Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, declares and enacts as follows :—

1. Every canal, lock, dam, hydraulic work, harbour, pier, public building, or other work or property of the nature of any said Act, and of those mentioned in the tenth section of the Act cited in the under control of Minister of preamble to this Act, acquired or to be acquired, constructed or Public Works. to be constructed, extended, enlarged, repaired or improved, at

Proviso:

the expense of the Dominion of Canada, or for the acquisition, construction, repairing, extending, enlarging or improving of which any public money has been or shall be hereafter voted and appropriated by Parliament, and every work required for any such purpose, is and shall be a public work under the control and management of the Minister of Public Works, and all the enactments and provisions of the said Act and of any Act amending it, do and shall apply to every such work as aforesaid, and all the powers, privileges and duties thereby vested in or assigned to the Minister of Public Works, may be exercised by the said Minister in relation to any and every such work or property, subject always to the exceptions made in the said tenth section of the said Act, and without prejudice to the power of the Governor, by proclamation under the eleventh section of the said Act, to declare any work to be under the control and management of the said Minister; provided that this Act shall not apply to any work for which money has been appropriated as a subsidy only.

Preamble. 31 V. o. 12.

37 VICT. CAP. 13.

An Act to amend an Act respecting the Public
Works of Canada.

[Assented to 26th May, 1874.]

N amendment of an Act passed in the thirty-first year of Her
Majesty's Reign, intituled "An Act respecting the Public

Works of Canada," Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

place of land

owner, as to

All lands

1. The compensation money agreed upon or awarded by the Compensation official arbitrators for any lands or property acquired or taken to stand in the by the Minister of Public Works, and which may under the said taken without Act be taken by the said Minister without the consent of the consent of proprietor, shall stand in the stead of such lands or property; all charges and any claim to or incumbrance upon such lands or property thereon. shall, as respects the Crown, be converted into a claim to such compensation money or to a proportionate amount thereof, and taken under shall be void as respects the lands or property themselves, which the said Act, shall, by the fact of the taking possession thereof under the said vested in the Act, become and be absolutely vested in the Crown, as shall also any lands or property taken possession of by the Crown under the said Act, whether there be or be not any conveyance, agreement or award respecting the same,-subject always to the determination of the compensation to be paid, and to the pay- Proviso. ment thereof when such conveyance, agreement or award shall have been made.

Crown.

into court in

Province than

2. If the party conveying such lands or property could not Compensation without the said Act, have conveyed the same or agreed for the may be paid compensation to be paid therefor, or if any owner or party to certain cases. whom the compensation money or any part thereof is payable, refuses to execute the proper conveyance or other requisite instrument of transfer of the premises, or if the party entitled to claim the same cannot be found or is unknown to the Minister, or if the Minister has reason to fear any claim or incumbrance, or if for any other reason he deems it advisable, then if the If the lands be lands or property so acquired or taken are situate in any of the in any other Provinces of Canada, other than Quebec, the Minister may pay Quebec. such compensation money or award, or if there has been no compensation money agreed upon or amount awarded, then such sum of money as in the opinion of the Minister shall be sufficient compensation for such lands or property into the office of one of the superior courts for the Province in which the lands are situate (with the interest thereon for six months), and may deliver to the clerk of the court a copy of the conveyance or of the agreement or award, if there be no conveyance certified by If no compenthe Minister, and if there be neither conveyance nor award sation has may been deterdeliver to the said clerk a notice specifying the lands or property mined. so acquired or taken.

2. A notice in such form and for such time as the court may Notice to parappoint, shall be inserted by the clerk in some newspaper, if ties interested. there be any, published in the district or county in which the lands are situate, which shall state that the title of the Crown, that is, the conveyance, agreement or award, or if there be none such, then the notice of the Minister to the clerk of the court as hereinbefore provided is under the said Act, and shall call upon all persons entitled to the lands or to any part thereof, or

tribute the

representing or being the husbands of any parties so entitled, or claiming to hold or represent incumbrances thereon or interests therein, to file their claims to the compensation or any Court to dis- part thereof; and all such claims shall be received and adjudged upon by the court, and the said proceedings shall for ever bar all compensation claims to the compensation or any part thereof, including any claim in respect of dower, as well as in respect of all mortgages or incumbrances upon the same; and the court shall make such order for the distribution, payment or investment of the compensation and for the securing of the rights of all parties interested as to right and justice and according to the provisions of this Act and to law shall appertain.

money.

As to costs of such proceeding.

Proviso if compensation does not exceed $100.

Proviso for arbitration if any party entitled is dis.

amount paid into court.

3. This sub-section relates to Quebec only.

4. The costs of the proceedings or any part thereof shall be paid by the Minister or by any other party as the court may order, and if the order of distribution be obtained in less than six months from the payment of the compensation into the court or to the prothonotary, the court shall direct a proportionate part of the interest to be returned to the Minister; and if from any error, fault or neglect of the Minister, it is not obtained until after the six months have expired, the court shall order the Minister to pay into court or to the prothonotary the interest for such further period as may be right.

5. Provided always, that in any case where the price or compensation money agreed for or awarded does not exceed one hundred dollars, it may, in any Province, be paid to the party who under the Act hereby amended can lawfully convey the lands or property or agree for the compensation to be made in the case, with the same effect as if it had been paid into court under this Act; saving always the rights of any other party to such compensation money as against the party receiving the

same.

6. If any party entitled to any compensation as aforesaid is dissatisfied with the amount so paid by the Minister into a court or to the prothonotary of a court as aforesaid, the question of satisfied with the amount of compensation may be referred to the Board of Arbitrators or to one or any greater number of Arbitrators as he may see fit, and proceedings thereon shall be had according to this Act, and the Minister may pay the amount of any award thereon into a court or to the prothonotary of a court as the case may be, and the court shall make such order as to the same as if it had been paid in as compensation as hereinbefore mentioned.

Interpretation

clause. "Convey

ance."

3. The term "conveyance" in this Act includes a "surrender' to the Crown, and any conveyance to the Crown or to the Minister of Public Works, or any officer of that Department, in trust for or to the use of the Crown, shall be held to be a surrender; and no surrender, conveyance, agreement or award under the said

Act or this Act shall require registration or enrolment to preserve the rights of the Crown under it, but may be registered in the Registry Office of Deeds for the place where the lands lie, if the Minister of Public Works deems it advisable.

2. The expression "lands and property" includes real "Lands and rights, easements, servitudes and damages, and all other things Property." for which compensation is to be paid by the Crown under the

said Act.

amended.

4. So much of the twenty-sixth section of the said Act as Section 26 of requires that the compensation in any case therein referred to 31 V. c. 12. shall be paid within six months after it has been agreed on, appraised or awarded, shall not apply to any case where such compensation is paid into Court under this Act, except that such payment into Court shall be made within the said time; and all the foregoing provisions of this Act shall apply to any lands or property taken, or the compensation for which was agreed upon or awarded, before the passing of this Act, but Proviso. in such last-mentioned case the compensation if paid into Court shall be so paid within six months after the passing of

this Act.

33 VICT. CAP. 24.

An Act respecting certain Works on the Ottawa River.

[Assented to 12th May, 1870.]

HEREAS, by the ninety-first section of the British North Preamble. America Act, 1867, it is in effect enacted, that the exclusive legislative authority of the Parliament of Canada extends (among other subjects) to all matters relating to navigation and shipping, and to such classes of subjects as are expressly excepted in the enumeration of the classes of subjects by the said Act assigned exclusively to the legislatures of the Provinces,and by the ninety-second section of the said Act, such works as, although wholly situate within any Province, are, before or after their execution, declared by the Parliament of Canada to be for the general advantage of Canada, or for the advantage of two or more of the Provinces, are expressly excepted in the enumeration of the cla ses of subjects by the said Act assigned exclusively to the legislatures of the Provinces ;-And whereas, the Ottawa River is a navigable river, and is in fact navigated throughout its whole course, and such works thereon as may be important to the navigation of the said river are for the general advantage of Canada and ought to be subject to the control and direction of

Navigation of the River Ottawa to be

subject to the exclusive authority of Parliament,

connected with

the same, or in or on the

waters of the under the con

River, and

trol of the Department of Public Works.

the Government of the Dominion; Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. The navigation of the River Ottawa, as well by vessels. and boats as by rafts and cribs of timber or logs, is hereby declared to be subject to the exclusive legislative authority of the Parliament of Canada, and all canals or other cuttings for facilitating such navigation, and all dams, slides, piers, booms, with all works embankments, and other works of what kind or nature soever in the channel or waters of the said River, or in which the waters of the said River are used, and in whatever Province situate, and whether constructed or to be constructed, and whether constructed by the Government of Canada or by the Government of the late Province of Canada, or by the Government of Upper or of Lower Canada, or by any private party by the consent and authority of any of the said Governments, which shall from time to time be recognised by the Governor in Council, on the report of the Minister of Public Works as being, or as having been, constructed for any purpose of public utility, shall be held to be works for the general advantage of Canada, and, with all works of like character, no matter by whom constructed and whether recognised as being for the general advantage or not, situate in or on the waters of the said River, shall be subject to the exclusive legislative authority of the Parliament of Canada, and shall be under the control and management of the Department of Public Works, and subject to the provisions of the Act intituled "An Act respecting the Public Works of Canada."

Preamble.

Duties and
powers of
Railway
Committee.

Interpretation. "Bridge."

W

35 VICT. CAP. 25.

An Act respecting Bridges.

[Assented to 14th June, 1872.]

HEREAS it is expedient to extend to the inspection of Bridges, provisions similar in effect to those contained in "The Railway Act, 1868," as to inspection of Railways :Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. The Railway Committee of the Privy Council, constituted by the twenty-third section of "The Railway Act, 1868," shall have the powers and perform the duties assigned to them by this Act.

2. This Act shall extend to, and the word "Bridge" herein shall mean and include any bridge or bridges, and the approaches

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