ning to be

served.

Notice of war- 18. Upon the presentation of such petition, the Provincial Secretary shall forthwith, at the expense of the Company, cause a copy thereof to be served upon the owner or occupier of the lands, lakes, streams or lands covered with water mentioned in such petition, and along with such copy the Provincial Secretary shall also cause to be served upon such owner or occupier a notice that upon a day to be therein named, which shall not be earlier than twenty days after the service of such copy and notice, a Commissioner to be appointed by the Governor-in-Council will, at a time and place to be named in said notice, hear any and all objections to such expropriations.

Hearing of application.

Services of com -missioner, how paid for.

how appointed.

19. Upon the day and at the place so named, said Commissioner shall hear all parties interested and report the evidence to the Governor-in-Council, and the Governor-in-Council, if satisfied the property or easements sought to be expropriated is actually required for carrying on the works of the Company, and is not more than is reasonably necessary therefor, and is otherwise just and reasonable, shall, thereupon, by Order-in-Council, declare the lands, lakes, streams, lands covered with water, or easements therein, sought to be expropriated, or any portion thereof, to be vested in said Company in fee simple, or the estate sought by said petition, free from encumbrances, subject to the payment of damages hereinafter provided for.

20. The services of said Commissioner shall be paid for by the Company at such reasonable rates as shall be fixed by the Governor-in-Council, and such Company may be required to deposit a sum, not exceeding one hundred dollars, to reimburse any expenditure made by the Governor-in-Council under said petition before such Commissioner shall be appointed for the purpose herein before stated; and in case the application is refused, the Governor-inCouncil may order that a reasonable sum be allowed to defray expenses of the owner of the property sought to be expropriated.

Arbitrators, 21. Within thirty days after the passing of such Order-in-Council, the Company shall give notice to the owner or occupier of the property sought to be expro

priated, requiring him to name one arbitrator, and the Company shall also in such notice name one arbitrator, for the purpose of assessing what damages shall be paid for the property so expropriated; and in case such owner or occupier refuses or fails to appoint an arbitrator within ten days thereafter, a judge of the Supreme Court or the judge of the County Court for the district in which the land expropriated lies, shall appoint such arbitrator.

tors to choose

tor.

22. The said two arbitrators shall be notified of Two arbitratheir appointment by the petitioner or his solicitor third arbitraor agent, and shall within twenty days thereafter choose a third arbitrator, and in case of their failing to select such third arbitrator within twenty days after notice to them as aforesaid of their said appointment, such third arbitrator shall be appointed by the Governor-in-Council, and said arbitrators shall without delay proceed to assess the damages for said property so expropriated.

when damages

23. On payment to the owner or occupier of the Title to lands damages so assessed, the Company shall have a title assessed. in fee simple, and clear of encumblances, to the property so expropriated.

case of encum

24. In case any property so sought to be ex- Payment in propriated is found to be encumbered by mortgage brance, etc. or judgment, or where the title thereto is in dispute, payment of the damages to the prothonotary of the Supreme Court for the county in which the lands lie, shall have the same effect as payment to the owner or occupier. When the damages are so paid to the said prothonotary, a judge of the Supreme Court or the County Court for the district in which the lands lie, on the application of any person interested therein, may order the payment out of the court of said damages to the person or persons shown to be interested thereon. In case the Company is in any case unable to ascertain the name of the owner of any land or lands covered with water, sought to be expropriated under section 17 of this Act, or such person is absent from the Province of Nova Scotia or is an infant, and said lands are unoccupied, such fact shall be stated in the application to the Governorin-Council, provided for in said section 17, and the

Company to

pay or deposit

expenses.

Director not

disqualified

ing etc.

Governor-in-Council may, by order, name a person to represent the owners, and such person shall thereupon represent the owner for all purposes under sections 17, 18, 19, 20, 21, 22 and 23 of this Act. The Company shall pay such person so appointed such fee as the Governor-in-Council may fix, and the Company shall in such case pay the damages assessed in court, and such payment shall be held a compliance with section 23 of this Act.

25. In case the amount deposited by the Company is insufficient to defray all necessary expenses, it shall be required to pay any such balance before any such award is made.

26. No director shall be disqualified by his office from contract- from contracting with the Company, nor shall any such contract or arrangement entered into by or on behalf of the Company, with any director or any company or partnership of or in which any director shall be a member or otherwise interested, be avoided; nor shall any director so contracting or being such member or so interested be liable to account to this Company for any profit realized by such contract or arrangement by reason only of such director holding that office or of the fiduciary relation thereby established.

work not commenced, etc.

Act to cease if 27. If the Company does not bona fide commence business under the provisions hereof within two years from and after the passing of this Act, then this Act shall become and be utterly null and void and of no effect.

CHAPTER 114.

An Act to Incorporate the Cape Breton Columbus Club.

Be it enacted by the Governor, Council and Assem- . bly, as follows:

1. Joseph A. Gillies, Thomas Cozzolino, Archibald Incorporation. A. McIntyre, Walter W. Moreley, D. H. MacDougall, John R. McIsaac, Doctor D. K. McIntyre and John J. Martin, all of Sydney, in the County of Cape Breton; Henry McDonald of Glace Bay, Cape Breton, and Doctor G. H. Murphy of Dominion, Cape Breton, and such persons as shall become members of the Club, association or society hereby incorporated under the rules, regulations and by-laws thereof, are hereby constituted a body corporate under the name of "Cape Breton Columbus Club," hereinafter called the Club.

2. The objects, aims and purposes of the Club shall objects. embrace the following:

(a) the erection and equipment of such buildings, wharves and boat houses as may seem necessary, suitable or desirable for the attainment, accomplishment and successful carrying out of the general objects, aims and purposes of the Club;

(b) The organization of a Club or association of members in good standing of the order of the Knights of Columbus, mainly designed for the promotion and inculcation of fraternalism, charity, temperance and the social virtues, and generally for the mental, moral and physical welfare of the members of the Club, and for their mutual improvement, and for the entertainment of the members and their friends and visitors.

May hold real estate.

May sue and be sued.

May collect fees, etc.

Debentures

may be issued.

By-laws.

3. The Club may purchase, lease, acquire and hold real and personal property to the value of $30,000, and may lease, rent, mortgage, sell or otherwise dispose of the same in the same way and to the same extent as private individuals may deal with their own property in the Province of Nova Scotia.

4. The Club may sue or be sued or may enter into any manner of contract or agreement, and may make, accept, indorse and become parties to cheques, promissory notes, bills of exchange and any negotiable instruments whatsoever without using thereto the corporate seal, and the name of the Club may be subscribed thereto or written thereon by the president and secretary for the time being, or by any officer thereunto authorized by any by-law, regulation or resolution of the Club in that regard, or by any officer thereunto authorized by vote of the directors.

5. The Club is hereby empowered to sue for and collect all entrance fees, subscriptions, assessments and all other moneys and accounts that may become due to the Club before or after the passing of this Act, and the same shall be due and payable at the time fixed by and according to the terms of the present or future bylaws of the Club.

6. To facilitate the erection and equipment of suitable building or buildings for the purposes of the Club, or for any purposes incidental thereto, the Club may issue debentures to any amount not exceeding $15,000.00 which, if issued, shall be in the form prescribed in the schedule hereto, and shall bear interest at a rate not to exceed seven per centum per annum, and shall be redeemable in twenty years from the date of their issue, or in such shorter period as the Club or its directors by resolution or vote may determine, and such debentures shall, subject to prior encumbrances previously registered, be a first lien upon all the real and personal property of the Club until discharged by payment.

7. The Club shall have power and authority to make by-laws, rules and regulations relating to its objects, aims and purposes, and for the conduct and management of its affairs, and for any purposes inci