“ All lands, streams, water-courses and property acquired for the use of Public Works or Buildings, shall be vested in Her Majesty, and when not required for the said works or buildings, may be sold or disposed of under the authority of the Governor, and all hydraulic powers created by the construction of any public work, or the expenditure of public money thereon, shall be vested in Her Majesty, and any portion thereof not required for the public works, may be sold or leased under the authority aforesaid ”

“ 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 County in Canada 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. ”

“ When any such owner or occupier, refuses or fails to agree for conveying his estate or interest in any land, real property, streams or water courses as aforesaid, the Minister may tender the reasonable value in his estimation of the same, with notice that the question will be submitted to the arbitrators hereinafter mentioned ; and in every case the Minister may, three days after such agreement or tender and notice, authorize possession to be taken of such land, real property, streams or water courses so agreed or tendered for. ”

“ Power to examine persons on oath 18. The Minister may send for, and examine, on oath, all such persons as he deems necessary, touching any matter, upon which his action is required, and may cause such persons to bring with them such papers, plans, books, documents and things, as it may be necessary to examine with reference to such matter, and may pay such persons a reasonable compensation for their time and disbursements, and such persons shall attend at the summons of the Minister after due notice, under the penalty of five pounds in each case. ”

“ Any public road or bridge declared as aforesaid, to he no longer under the management of the Minister, shall be under the control of and shall be maintained and kept in repair by the municipal or other authorities of the locality, and the Road Officers thereof in like manner with other Public Works and Bridges therein under their control. ”

“ Certain persons employed by the Department to have like powers as to surveys, as if they were licensed surveyors for the Province where they act for the Department 23. The Minister may employ any Engineer, or any person duly licensed or empowered to act as a Surveyor for any Province in Canada, to make any survey, or establish any boundary, and furnish the plans and descriptions of any property acquired or to be acquired by Her Majesty for the use of Canada ”

“ The Minister and his agents may enter upon any uncleared or wild land, and take therefrom all timber, stones, gravel, sand, clay or other materials, which he or they may find necessary for the construction, maintenance and repair of Public Works or buildings under his management, or may lay any materials or things upon any such land, for which compensation shall be made at the rate agreed on or appraised and awarded as herein provided ”

“ The Minister is hereby empowered to authorize the engineers, agents, servants and workmen employed by or under him to enter into and upon any ground to whomsoever belonging, and to survey and take levels of the same, and to make such borings or sink such trial pits as he deems necessary for any purpose relative to the works under his management. ”

“ Enactments may be made for enforcing conditions And no enactment made for the purpose of enforcing the provisions of any such Order in Council as aforesaid, shall be deemed an infringement of the rights of the Municipal Corporation, Local Authority or Company 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. ”

“ Lands, water courses, &c., acquired for Public Works, how vested and managed. Proceeds of sales or leases. 14. All Public Works paid for by the Dominion to be under control of Department. 15. Expenditure for construction or repair of works. 16. Warrants for money for Public Works. 17. Attesting accounts of contractors. 18. Power to examine persons on oath. 19. Annual report to the Governor, to be before ParIiament. 20. Tenders to be invited for works ; exception. 21. Security to be taken from contractors. Provision when the lowest tender is not taken. ”

“ Except by consent but they may, with the consent in writing of the Minister, and of the opposite party, take the testimony of the witnesses adduced on either side orally, and in such case need not reduce it to writing. ”

“ One moiety of any pecuniary penalty under either of the two next preceding sections shall belong to Her Majesty for the public uses of the Dominion, and the other moiety to the informer, unless he be an officer or servant of, or person in the employ of the Department or Company, in which case he shall be a competent witness, and the whole penalty shall then belong to Her Majesty for the uses aforesaid. ”

“ And such costs shall in other cases where the award is in favor of the claimant, be paid by the Minister, in addi- tion to the sum awarded, and shall in either case be taxed by the proper officer of the Court of Queen's Bench, Supreme Court or Common Pleas, in the Provinces of Ontario, Nova Scotia and New Brunswick, and in the Province of Quebec by a Judge of the Superior Court.
WORKS FOR DEFENCE.
Works for defence may be declared Public Works within this Act 49. ”

“ Proviso : rights of the Crown saved. 67. Recital. Punishment of persons employed on Public Works and Railways, disobeying regulations lawfully made. If injury is done by such disobedience, to person or property. 68. If not such injury is done. 69. Appropriation of pecuniary penalties. 70. Regulations, &c., to be published in the Gazette. 71. Repeal of Acts inconsistent with this Act. Effect of repeal limited.
31 Victoria, c. 12 (Canada)
An Act respecting the Public Works of Canada ”