The amount expended for repairs

8. The amount of debts due by the company, specifying the subjects for which the debts respectively were incurred. R. S. Q., 4946 ; 5 Ed. VII, c. 12, s. 20.

6292 à G 3 O 4 incl . . .

§ 6 .—Arbitration in Cases of Damage

6305. If, upon demand made by the directors, the owner or occupant of the land, over, through or upon which the company desires to construct any such work, or which would be flooded or otherwise interfered with, or upon which any power given by this section to the company is intended to be exercised,neglects or refuses to agréé upon the price or amount of damages to be paid for, or for passing through or using such land, or for flooding or otherwise interfering with the same, and for appropriating the same for the use of the company, or for the exercise of any such power as aforesaid, the company may name one arbitrator, and the owner or occupant of such land may name another arbitrator.

The said two arbitrators may name a third, to arbitrate and détermine upon the amount which the company shall pay before taking possession of such land or exercising such power and the decision of any two of the said arbitrators shall be final. R. S. Q., 4960.

6306 à 6314 incl .

§ 7. — Taking Possession of certain Works made by other Parties

6315. In case there be already established by any person, other than a co.mpany formed under this section or some act of the Législature, any slide, pier, boom, or other work, intended to fcilitate the passage of timber down any water, for the improvement df which a company is formed under this section, such company may take possession of the Works.

The owners thereof, or, if they hâve been constructed on the property of the Crown, the persons at whose cost they hâve been constructed, may claim compensation for the value of such works, either in money or in stock of such company, at the option of such owner or person at whose cost the same were constructed.

Submission to arbitration

Compensation, if timber slides, &c, erected by others be assumed by the company.

Powers of such persons to become shareholders &c.

Application of certain articles.

When articles 6272 and 6273 need not be complied with

Mill-sites, &c., not to be taken without the consent of owner.

Navigable waters not to be obstructed, &c.

Rights of parties as to water-powers created by the company.

They may also become stockholders in the company to an amount equal to the value of such Works, such value to be ascertained by arbitrators appointed in the manner hereinbefore provided.

Articles 6309 to 6314 shall apply to such works and the proprietors or possessors thereof, in the same manner and to the same extent as to lands required by such company and to the proprietors and occupants thereof. R. S. Q., 4970.

In case any such company purchases or takes possession of such works as aforesaid, and does not make or construct any other works than those so acquired, it shall not be requisite for the company to observe the formalities required by articles 6272 and 6273, excepting only that such company shall furnish the Minister of Lands and Forests with the report and copy of report mentioned in the said articles. R. S. Q., 4971 ; 5 Ed. VII, c. 12, s. 20.* 8 Geo. V, ch. 64, S. 7.

0317. Nothing in this section shall authorize any company formed thereunder, to take possession of, or in anywise injure, anymill-site upon which there are existing any mills or machinery, or any hydraulic works other than those intended to facilitate the passage of timber ; and no company formed under this section shall commence any work which interfères with or endangers any such occupied mill-site, without the assent in writing of the proprietor thereof previously obtained, or an award of arbitrators appointed as herein provided, to the effect that the proposed works will not injure such mill-site, which assent or award shall be registered in the same manner as the instrument of incorporation of such company. R. S.

0318. Nothing in this section shall authorize any company formed thereunder to obstruct any waters already navigable, or to collect any tolls other than those upon timber.

6310. If, by reason of any dam erected by a company formed under this section, any fall or water-power be created, the company shall in nowise hâve any title or claim to the use of such water-power ; nevertheless, if the owner or occupant of the land adjoining has made a claim for compensation for damages arising from such dam, the arbitrators may take into

account the increased value of his property by reason of the water-power so created. R. S. Q., 4974.

§ 8. — Tolls

6320. The tolls for the first year shall be calculated upon the estimâtes hereinbefore required to be made of the cost of the works, and the quantity of different kinds of timber expected to pass down the stream ; and the tolls in ail future years shall be calculated upon the cost of the works and the quantity of different kinds of timber expected to pass down the stream, and the receipts and expenditure, according to the accounts of the then next preceding year, as rendered in accordance with articles 6291 and folio wing.

The tolls shall be so calculated that, after defraying the necessary cost of maintaining and superintending the works and collecting the tolls, the balance of the receipts may, as nearly as possible, be equal, and in no case shall exceed ten per cent of the capital expended and invested in the said works.

If, in any year, the receipts from tolls be such that, after defraying ail the current expenses, there remains a clear profit of more than ten per cent of the capital expended, there shall nevertheless be divided amongst the shareholders no greater dividend than at the rate of ten per cent, and the remainder shall be carried over to the receipts of the folio wing year. R. S. Q., 4975.

Principle on which tolls to be calculated.

Net profits not to exceed ten per cent of moneys expended.

If more than ten per cent.

6321. The tolls to be collected upon different kinds of Toiisontimtimber shall be as follows, viz : — ber-

cts.

Red and white pine, tamarac, spruce and hemlock,

square or waney board, per thousand cubic feet. . 15

Oak, elm, or other hard wood, square or flatted or waney

board, per thousand cubic feet 22 Y2

Saw-logs, seventeen feet or under in length, per thousand

feet, board measure... . . . . . . . 01

Red and white pine, tamarac, spruce and hemlock, roünd or flatted, over seventeen feet and under thirty

feet long, per thousand feet, board measure.... . . . 01

Red and white pine, tamarac, spruce and hemlock, round or flatted, thirty feet and upwards in length, per thousand feet, board measure . 013^>

Sawed lumber, per thousand feet, board measure . 03

Staves, per thousand feet, board measure . 15

Cords of wood, shingle bolts and other lumber, per cord

of one hundred and twenty-eight cubic feet . 01

Spars, per piece . 03

Masts, per piece . 05

Railway ties other than cedar, in eight or sixteen feet

lengths, per length of eight feet . . . 2\

Cedar, round or flatted, eight feet long or under, per

piece . . . . . 32

Cedar, round or flatted, over eight feet and under seven-

teen feet long, per piece.... . ^

Cedar, round or flatted, seventeen feet and under twenty

five feet long, per piece.... . . . . 332

Cedar, round or flatted, twenty-five feet and under

thirty-five feet long, per piece.... . . . . . . è

Cedar, round or flatted, thirty-five feet and upwards in

length, per piece . . . . .

Schedule of tolls.

Powers of Minister if schedule not properly calculated.

<>322. The annual account required to be rendered by every company, shall contain a schedule of the tolls, calculated as aforesaid, which it is proposed to collect in the following year; and, if the president of the company has not been notified on or before the fifteenth day of March in each year, that the schedule of tolls has been disallowed by an order of the Minister of Lands and Forests, the President of the company shall cause the said schedule of tolls to be published for one month in some newspaper published within the county or counties, district or districts in which, or nearest to which, such works are situate, and such tolls so published shall be the lawful tolls for that, year.

If it appears to the Minister of lands and forests that the proposed schedule of tolls has not been calculated according to the true intent and meaning of this section, such Minister may, by an instrument under his hand, alter or vary the said schedule of tolls so as to make them correspond with the true meaning of this section.

Such amended schedule of tolls shall be notified to the president of the company, and shall be published by him as aforesaid.

Such tolls shall be the lawful tolls for that year. R. S. Q., 4977 ; 5 Ed. VII, c. 12, s. 20. 8 Geo V, ch. 68. s. 8.

032 3. Every such company may demand from the owner of any timber intended to be passed through any portion of the Works of the company, or from the person in charge of the same, a written statement of the quantity of each kind oftimber and of the destination of the same, and of the sections of the works through which it is intended to pass.

If no such written statement be given when required, or a false statement be given, the whole of such timber, or such part of it as has been omitted by a false statement, shall be liable to double toll. R. S. Q., 4978.

03 24. Every such company may demand and receive the lawful toll upon ail timber which has corne through or over any of the works of the company.

The company, by its servants, shall hâve free access to ail such timber for the purpose of measuring or counting the same. R. S. Q., 4979.

0325. If the just tolls be not paid on demand, the company may sue for the same in any competent court, and recover from the owner of the timber the amount of the tolls and the costs of suit. R. S. Q., 4980.

0320. If the owner of the timber objects to the amount of tolls demanded, and. tenders a sum which he daims to be the true and just amount of the tolls, the company shall pay the costs of the suit, unless the judgment obtained is for a greater amount than the sum so tendered. R. S. Q., 4981.

032 7. If timber hâve not corne through or over the whole of the works of the company, but only through or over a part thereof, the owner of the timber shall only be liable to pay tolls for such sections of the whole works as he has made use of, if in the schedule of tolls the work be divided into sections, and if not, then to pay in proportion to the distance such timber has corne through the works. R. S. Q., 4982.

6328. If the owner of any timber which has passed through any of the works of the company cannot be ascertained, or if there be reasonable grounds to apprehend that the tolls thereon hâve not been paid by the owner or reputed owner or person in charge, any mayor or justice of the peace, having jurisdiction withio the locality, through or adjoining

Statement of quantity of timber liable to toll.

Double tolls in certain .

cases.

On what timber, tolls may be taken.

Rigbt of company to examine.

Suit for tolls.

If full toll tendefed, company liable to costs.

Tolls to be apportioned to the extent of the works used.

When and how timber may be seized for tolls.

Address and contents of warrant.

Within what time works to be completed, &c.

Corporate powers to cease if works abandoned, <fcc.

Works to be kept in good repair.

Notice of insufiiciency of works.

Damages after notice.

which such navigation extends, or where the timber may be found, if within twenty miles of any such works, shall, upon the oath of any director or servant of the company that the just tolls hâve not been paid, or that there are reasonable grounds to apprehend that they hâve not been paid, issue a warrant for the seizure of such timber, or of so much thereof as will be sufficient to satisfy the tolls.

Such warrant shall be directed to any constable or to any person sworn in as spécial constable for that purpose, at the discrétion of the magistrate, and shall authorize the person to whom it is directed, if the tolls be not paid within fourteen days from the date thereof, to sell the said timber, and out of the proceeds to pay to the company the just tolls, together with the costs of the warrant and sale, restoring the surplus on demand to the owner. R. S. Q., 4983.

§ 9. — Duties respecting Works

6320. Every such company shall, within two years from the day of its becoming incorporated, complété the works undert.aken by it, and for the completion whereof it may be incorporated, in default whereof it shall forfeit ail the corporate and other powers and authority which it has in the meantime acquired, and ail its corporate powers shall thenceforth cease and détermine, unless further time be granted by a bylaw of the county or counties in or adjoining which the work is situate.

If any company, formed under this section, for the space of one year abandon any works completed by it, so that the same are not in sufficient repair and cannot be used for the purpose proposed in its instrument of incorporation, then its corporate powers shall cease and détermine. R. S. Q., 4984.

63 30. After any works constructed under this section hâve been completed and tolls established, the company shall keep the same in good and sufficient repair.

If any such works hâve not been constructed according to the description given thereof in the report required by article 6273, or hâve become insufficient or out of repair, any person interested in navigation may serve upon any servant of the company a notice of such insufficiency.

If, within a reasonable time after the service of such notice, the necessary repairs hâve not been completed, such company

shall be liable for the damage which any person may sustain from the continuance of such insufficiency ; but no company formed under this section shall be held liable for any damage so long as its works are in accordance with the description or spécification thereof in the original instrument required to be registered, or in any description or spécification subsequently, approved of and registered, or for anydamage arising from the accidentai destruction or injury of their works, but only for the damage which may arise from the wilful neglect of the company after notice served upon one of its servants as herein before provided. R. S. Q., 4985.

§ 10. — Penalties and Prosecutions

63 31. If any person impedes any of the servants of any such company, in the transmission of any timber through any such works, or in carrying out any régulations of the company for the greater safety and regularity of such transmission, or resists any such servants who may require access to any raft or other timber to ascertain the just tolls thereôn, or in any way molests such company or its servants in the exercise of any rights secured to them by this section, such person shall, upon summary conviction thereof before a justice of the peace having jurisdiction in the locality in or adjoining which the offence has been committed, be sentenced to pay a fine of not more than ten dollars nor less than one dollar, together with ail costs, to be paid within a time to be limited by the said justice, and in default to be levied as next hereinafter provided. R. S. Q., 4986.

63 33 à 6334 incl . . . . . .

6335. Ail fines and forfeitures collected under the authority of this section, shall be paid to the treasurer of the company owning the work in respect of which such fines and forfeitures hâve been imposed, for the use of such company. R. S.Q., 4990.

63 36. If any suit be brought against any person for any matter or thing done in pursuance of this section, such suit shall be brought within six months next after the fact committed, and not afterwards, and the défendant therein may plead the general issue only, and give this section and the spécial matter in evidence on the trial. R. S. Q., 4992.

Penalty for impeding the opéra , tions of the company.

Fines, &c., to be paid to the treasurer of the company.

Prescription,

§ 11. — Amalgamation of Companies

When companies may be United.

Powers of United company.

6337. Any two companies, formed for the construction of Works on any streams contiguous to each other, may unité and form one Consolidated company, on such terms as they think fit ; and the name of such united companies to be then assumed shall thenceforth be the corporate name thereof, and suchnew company may then exercise and enjoy ail the rights, and shall be subject to ail the liabilities of other companies formed under the provisions of this section, and which the separate companies had and enjoyed or were subject or liable to before the union thereof. R. S. Q., 4993.

63 38 à 6340 incl