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SJS MONTREAL: PRTNTED BY STEWART DERBISHIRE AND GEORGE DESBARATS, Law Printer to the Clueen's Mont Excellent Majesty, J847. '^f f V>: t , -> ■-«>•■■ I •>./ '■> * >; V ;,♦" r''A"''''- 'i ' .V>" \Wvin •>v',^MOa {hA? 3HT t:f^ ^;'';^"'' nHT (i^\:^T^, An * I f I Pre Ma por roa on eig Di] se\ of CO] tio •*-.'l '! '' > , . • < < '.-'■• I ANNO D£CIM0 ET UNDECIMO. VICTORIiE REGINtE. CAP. LXV, An Act to amend the Act incorporat- ing '' The St. Lawrence and Atlantic Rail-road Company,^^ and to extend the powers of the said Company. [2Sth July, 184:7.1 WHEREAS the Company incorporated Preamble, by the Act of the Parliament of this Province, passed in the eighth year of Her Majesty's Reign, and intituled, An Act to incor- porate the St. Lawrence and Atlantic Mail- road Company i were finally and duly organized on the fifteenth day of April, one thousand eight hundred and forty-six, by the election of Directors, in accordance with the twenty- seventh section of the said Act, and a portion of the said Rail-road was afterwards put under contract, and is now in the course of construc- tion ; and whereas the company have repre- l li If the Compa- ny cannot agree with the other party upon price to he paid for any land required by them, they mayenterupon the same on certain condi- tions. sented that the said Act requires amendment in certain respects, to insure its practical effi- ciency, and it is expedient to amend the same, and also to grant further powers and encourage- ment to the said Compi^iiy : Be it therefore enacted by the Queen's Most Excellent Ma- jesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, consti- tuted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled. An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is here- by enacted by the authority of the same, That when the said Company and the owner of any land, ground, hereditament or property re- quired for the purposes of the said Rail-road, cannot agree upon the price to be paid for the same, or cannot agree to an immediate arbitra- tion thereon, it shall be lawful for the said Company to tender to the owner such sum of money as the said company shall deem to be a sufficient price ; and if the tender be refused, then it shall be further lawful for the said Company, upon protest against the refusal, to enter upon and take possession of, and apply to the purposes of the said Rail-road, the pre- mises so required ; anything in the said Act of nu£ pr( be :-. 5 ment leffi. isame, irage- efore Ma- nt of lative onsti- er the ament in and ite the a, and 3 here- ^ That of any ty re- l-road, ^or the rbitra- le said um of to be (fused, e said sal, to apply 9 pre- set of Incorporation to the contrary notwithstand- ing ; Provided always, that whensoever after- ^ro*"" the " •' ' money ofrered wards the owner shall apply to the Court of ^o ^^ pa"' «nto y-x «T-» 1/. TT 11 1 C(»urt when Queen's Bench for a Jury, as directed by the the owner a|.- twelfth section of the said Act, the said Com- fury", jIL pany shall pay into Court the price previous- oSeamn" ly tendered to the owner of the premises re- quired ; or if after such tender and protest, and before application shall be made by the owner to the Court of Queen's Bench as afore- said, the owner shall, in writing, give notice to the company that he waives his refusal and will accept the tender, then and in that case the Company shall within ten days after the receipt of the notice, pay the amount of their tender to such owner. 11. And be it enacted, That besides the an- directors may ' call special nual, general, and the special meetings of the meetings. proprietors of shares in the said Company, to be respectively called and held under the pro- visions contained in the twenty-eighth section of the said Act of Incorporation, it shall be lawful for the Directors of the Company at any time to call a general meeting of the pro- prietors, either for the general business or pur- poses of the Company, or for a special pur- pose, in which latter case the special purpose shall be briefly mentioned in the preliminary notice, and then no other business than in rela- tion to such special purpose shall be entered G Directors may make further calls on pro* prietors. ^^'"'"^"jj-^^'j.'^ upon at the meeting; Provided always, that cies am.mg the anv vacancv in the Directorship of the Com- Director.. ^ I an A * ^' ^ +u pany may be lilled up at any meetmg oi the proprietors, whether called for special or general purposes, and in the event of any such vacancy, the Directors may fill the same tem- porarily, subject to the approval or otherwise of such meeting of the proprietors. III. And be it enacted, (That besides the calls already made under the said Act, and which are hereby confirmed) the Directors of the said Company shall have power, from time to time, to make calls upon the proprietors of shares of the Capital Stock of the company, to pay such proportion thereof as the Directors shall deem necessary, and payment of such calls shall be made unto such person or per- sons, and at such times and places as the Di- rectors shall from time to time appoint ; and it shall be competent to the Directors to make several calls by one notice ; Provided always, that there shall be an interval of not less than two calendar months between the dates fixed for the payment of tlie several calls ; and that no call shall exceed in amount the sum of five pounds currency, for every share of fifty pounds currency, anything in the said Act to the con- trary notwithstanding. IV. And be it enacted, That it shall be com- petent to the proprietor of any share or shares Proviso. Proprietors of shares may lys, that |e Com- of the 3ial or ly such le tem- lerwise des the ct, and ctors of •m time Btors of )any, to [rectors ►f such or per- he Di- t ; and ) make ilways, >s than s fixed id that of five >ounds 5 con- scom- jhares of the Capital Stock of the said Company to ^.^Ji'Sl'i'o?" anticipate the payment of the amount thereof, ""'^ '"7. ^ *^ « 1 allowed inte- or of such parts of the amount thereof as may re«t for ro remain unpaid and uncalled for ; and there- upon, it shall be lawful for the Company to allow and pay lawful interest for the amount of the anticipated payment, until the same shall in due course become payable in virtue of the calls of the Directors. V. And be it enacted. That if the propri- sharehoidern etor of any share or shares of the Capital Stock payment, shaii of the said Company shall have made, or shall intprVsr:'an.r make default in the payment of any call, he whiie"in dT-*' shall, ipso facto, be and become further liable ^*"^^* to the payment to the Company of interest on the amount of the unpaid call from the date fixed for the payment of the same ; and the Company, in its corporate nam^, shall and may rerover the amount of every unpaid call, with interest as aforesaid, and costs of suit, by action or suit at law in any Court of compe- tent jurisdiction ; and so long as a proprietor of any share or shares shall be in default of the payment of any call, he shall not be enti- tled to vote at any meeting of the proprietors in respect of such shares so remaining in de- fault, anything in the said Act to the contrary notwithstanding. VI. And be it enacted, That no transfer of No transfer of shares to be shares of the Capital Stock of the Company valid unless aii 8 caiiH shall be shall be allowed or shall be valid unless all • calls due, together with any interest that may be due in respect of unpaid calls, and the costs and expenses incurred in relation thereto, shall have been paid and discharged ; nor shall any transfer of less than a whole share of the said stock be allowed or be valid, any thing in the said Act to the contrary notwithstanding. VII. And be it enacted, That in actions or suits at law by the Company, against the pro- prietor of a share or shares of the Capital Stock of the Company, for the recovery of any unpaid call or calls, with interest, it shall not be necessary to set forth the special matter, but it shall be sufficient for the Company to declare that the Defendant is a holder of one or more shares of the said Capital Stock, and is indebted to the Company in the sum of money to which the call or calls in arrear shall amount, with interest for non-payment ; and in every such action it shall not be com- petent to the Defendant to plead the general issue, but he may, by a plea in denial, tra- verse any particular matter or matters of fact alleged in the declaration, or specially plead some particular matter or matters of fact in confession and avoidance ; and in all such actions or suits at law, as well as in all other act ons or suits at law, by or against the Com- pany, instituted, or to be instituted in any In actions for recovery of unpaid calls, it shall not bo necessary to set forth special matter. What aver- ment and proof shall be sufficient in such action, English rules of evidence allowed and Stockholders may bo wit- nesaes. -i _? Court of civil jurisdiction iu that part of this Province which heretofore constituted Lower Canada, recourse shall be had to the rules of evidence laid down by the laws of England, as recognized and used by every such Court in Lower Canada, in commercial cases ; and no proprietor of a share or shares of the Capital Stock of the Company shall be deemed an incompetent witness, either for or against the Company, unless he be also one of the Direct- ors, or be otherwise than as a proprietor in- competent. VIU. And be it enacted, That copies of the Copies of mi- . /. J. J , n J.^ nutes to be mmutes oi proceedings and resolves oi the prima fade proprietors of shares of the Capital Stock of ®^'^*"'^*'- the said Company, at any 'general or special meeting, and of minutes of proceedings and resolves of the Directors, at their meetings, extracted from the minute-book or books kept by the Secretary of the Company, and by him duly certified to be true copies, extracted from such minute-book or books, shall be primd facie evidence of such proceedings and resolves in all Courts of civil jurisdiction, and all noti- ces given by the Secretary of the Company, by order of the Directors, shall be deemed notices by the said Directors and Company. IX. And be it enacted. That all notices of Notices of meetings of, or of calls upon the proprietors of calls to be shares of the Capital Stock of the said Com- certabi news- 10 pap®'": a"^ pan\, shall be published once a week in the proof of such Canada Gazette^ and in the Montreal, Quebec and Sherbrooke Gazettes, and in a newspaper published in the French language in each of the Cities of Montreal and Quebec, and that in all actions by or against the Company, in which it shall be necessary for the Company to prove the publication of any such notice, the proof of the publication thereof in the Canada Gazette (by the production of the Gazette itself) shall be deemed sufficient, un- less the further publication be specially put in issue, and in that ca'^e, it shall not be neces- sary for the Company to give any further proof than that the notice was duly published in one of the aforesaid Gazettes, which was published in the District in which the defen- dant or party denying the publication dwelt or had his place of business ; or that the defen- dant or party denying the same had b*^en per- sonally, or by letter from the Secretary of the Company, notified to the effect of the notice in question ; anything in the said Act of Incor- poration, and any other law, usage or custom to the contrary notwithstanding. Company may X. And bc it cuactcd, That for the more and to what spccdy complctiou of the said Rail-road, it shall and may be lawful for the said Company to bor- row, by way of loan, and at any rate of interest for which the dame can be procured not ex- 11 ceeding legal interest, any sum or sums of money, not exceeding in the whole the balance of the aggregate sum which the Company is em- powered to raise under their Act of Incorpora- tion, and which is not paid up ; and to agree with the lender or lenders to pay both the principal and interest either in this Province, or in Great Britain or elsewhere : and it shall And may also be lawful for the Company to issue de- tures. bentures for the money so borrowed, under the signature of the President, and counter- signature of the Treasurer of the Company, and by the said debentures, or otherwise, to pledge the said Rail-road or such part or parts thereof as may be constructed, with the net income or tolls arising therefrom, as security for the payment of the principal sum or sums of money so borrowed and the interest thereof. XI. And be it enacted. That the offence of Forging tie- n ' J 1 X r» J bentures to be lorgmg any debenture or a coupon of any de- leiony. beiUure, issued under the authority of this Act, or of altering or disposing of any such deben- ture or coupouy knowing the same to be forged, or of being accessory, before or after the fact, to any such offence, shall be deemed felony and be punished accordingly. XII. And be it enacted. That incase any P''''""^" '» J case any Company shall be incorporated by the Parlia- i^ridge shaii be constructed ment of this Province, for the purpose of con- within certain structing a bridge across the River St. Law- the stl^Law- rencc. 12 Powers con- ferred bvH Vict, c '^b, to a[)ply to any Hranrh Rail- road made under this Act. rence to communicate between the South of the said River and the City of Montreal, it shall be lawful for the Saint Lawrence and Atlantic Rail-road Company to make and complete a branch Rail-road from such point on the main Rail-road as may be deemed proper, to the end of the bridge resting upon the said south bank : and from the end of the said bridge resting upon the Island of Montreal, to the City of Montreal ; and also to contract and agree with the Company incorporated for the con- struction of the said bridge for the right of using the same or a portion of the same for the said branch Rail-road. XIII. And be it enacted, That for the mak- ing the said branch Rail-road, with its proper appurtenances, the said 3aint Lawrence and Atlantic Rail-road Company shall have, and they are hereby given all the rights, powers and privileges given to them by the said Act of Incorporation, for the making of the main Rail-road, and all the enactments in the said Act of Incorporation, and m the Act of the Parliament of this Province, passed in the ninth year of Her Majesty's Reign, intituled, An Act to amend the Act mcorporating the Saint Lawrence and Atlantic Rail-road Com- panyy and in this Act, shall be applicable to the said branch Rail-road, as fully as if the au- thority to make the same had been included in the said Act of Incorporation. i 13 of the ^hali be Ltlantie Iplete a |e main the end bank ; [resting 'ity of agree »e eon- light of for the e mak- proper ice and ^e, and Jowers id Act 5 main e said 3f the 1 the tuled, g the Com- >le to e au- edin XIV. And be it enacted, That it shall and Compuny maj •I I /> 1 n .1 • 1 /-I . establish a may be lawful lor the said Company to ferry over establish a ferry or ferries between the rence' ratJfoT ^^rmiwws of their Rail-road in the parish of [""h^d.*"'"" Longueuil, and any point or points on the Is- land of Montreal, by one or more boats or vessels propelled by steam or other motive power ; and to demand, receive, and recover such rates of ferriage for passengers, horses, cattle, carriages, goods and commodities, as shall not exceed the rates specified in the Schedule annexed to this Act ; and the said Company shall have power, from time to time, to make and pass By-laws for the proper and efficient regulation of the said ferry or ferries ; and for the infraction of any such By-law, to impose a penalty not exceeding five pounds ; to be recovered in like manner as the penalties specified in the said Act of Incorporation, and Acts amending the same, are directed to be recovered : Provided always, that nothing Proviso, herein contained shall be construed as confer- ring upon the said Company any exclusive privilege to, or in respect of, the said ferry or ferries. XV. And to the end of encouraging the Roritni. immediate investment of Capital in the Stock of the said Company, and thereby promoting the completion of the said Rail-road within the shortest possible time ; Be it enacted. That Company may allow six per 14 i ceyit. per an- num on all monies vested in shares and paid up. ' ' Such allow- ance may be annulled sub- sequently. The Guage of the Rail- road fixed ; unless it be altered by the Gover- nor in Coun- cil. Public Act. it shall and may be lawful for the said Com- pany by Resolution to be passed at a Special Meeting of the Proprietors to be called for the purpose to allow and pay, either annually or semi-annually, interest not exceeding six per centum per annum, upon all such monies as are or shall be vested in shares of the Capital Stock of the said Company, and duly paid up : Provided always, that the allowance and pay- ment of such interest shall utterly cease on the completion of the said Rail-road ; and that until such completion, no dividend of profits shall be made or paid to the Shareholders : Provided also, that it shall and may be law- ful for any Special Meeting of Proprietors duly convened for the purpose to annul, abro- gate, or alter any such Resolutions. XVI. Provided always and be it enacted, That the guage upon which the said rail shall be constructed, and which shall be used in the said Railway shall be four feet eight and a half inches, unless within six calendar months the Governor of this Province in Council, shall by order in Council determine upon any diffe- rent guage, and that upon communication to the said Company of any Order in Council establishing any different guage the guage so established shall be the one used in the said Road as if the same had been established in and by this Act. XVII. And be it enacted, That this Act shall be deemed and taken to be a Public Act, and as such, shall be judicially taken notice of by all Judges, Justices of the Peace and others, without being specially pleaded. pay- se on d that )roiits ders : law- •ietors abro- icted, shall n the I half s the shall iiffe- n to mcil e so said I in Act ict, tice md 15 Schedule of rates of Ferriage to be charged by the St. Lawrence and Atlantic Rail-road Company for their Ferry over the River Saint Lawrence. For every Coach, Stage Coach, Wagon, or other Carriage with four wheels, drawn by two horses or other beast, For every Coach, Stage Coach, Wagon, or other Carriage with four wheels, drawn by one horse or other beast, From or to Longueuil. OS gP § For every Gig, Caleche or Cab, drawn by one horse or other beast, For every Cart, Sleigh, Berlin, Train, or other Carriage not above described, drawn by one horse or other beast, And for every additional Horse or other beast to any of the above, For every Saddle Horse, Ass, er Mule, w^ith its rider, For every Horse, Mare, Gelding, Ass, Mule, Bu]l Ox, Cow, or Head cf Cattle, For every Sheep, Calf, Lamb, Goat or Hog, . . . For each person on foot, and for each person over five in any carriage drawn by four horses, or over three in any carriage drawn by a less number than four horses For VIHieat, Flour, Pork, Provisions, Merchan- dize generally, and other articles of bulk, per Ton, j 1 s. d. 1 8 1 1 10 6 7i 3 s. d. 2 1 3 1 3 1 ^i 10 7^ 4 4 2