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Les diagrammes suivants illustrent la mAthode. irrata to pelure. nd ' t 2 ^ ■» 32X 1 2 3 4 5 6 ACTS Jr. '/„/■( } Wm''m INCORPOKATING THE (imt 9Mestfrn |lailtoag €m\m% WITH THE SEVERAL ACTS AMENDING OB REUTING TO THE SAME: * m AND ACTS INCORPORATING CERTAIN OTHER COMPANIES, OR RELATING TO THE SAME. # HAMILTON: PUKTID AT THK SPBOTATOR OmOK, OOUKT-HOVSX SQUAKC 1864. # \ \» c * ' tiSMMn 10-0. ;/ a^ t^^VL flcl{ ^ {J^4/-X^ /r >^/ m J ...4 % .* t,:* * ,t 4 Wm. IV. Chap. 29. AN ACT TO INCORPORATE CERTAIN PERSONS, UNDER THE STYLE AND TITLE OF THE LONDON & GORE RAILROAD COMPANY. Passed 6th March, 1834. Oomptny fonntd. Whereas certain Inhabitants of the District of London, PM»ibta. and others, have petitioned for the passing of a law, incorpo- rating a Joint Stock Company, for the purpose of constructing a single or double track, wooden or iron Railroad or way, commencing at the Town of London, in the London District, and extending to the Harbor of Burlington Bay, at the head of Lake Ontario, in the District of Gore, and also, to the navigable waters of the River Thames and Lake Huron; And, whereas it is expedient to incorporate a Joint Stock Company, for the purpose hereinafter mentioned; Be it, dzc. That Edward Allan Talbot, Thomas Parke, George J. Goodhue, Allan Napier MacNab, Colin Campbell Ferrie, John M'Far- lane, William Robertson, Thomas Gibbins, Lawrence Law- yeison, Dennis O'Brien, John Scatchard, James Hamilton, Joseph Cowley, Nicholas (xpffney, Joseph L. O'Dell, John O'Neil, James Farley, John Jennings, Harvey Sheppard, John Kent, Alberts. O'Dell, Henry Shennick, Hiram D. Lee, William B. Lee, Burley Hunt, Nathan Griffith, Andrew Drew, Robert Alway, Peter Carroll, Charles Duncombe, Thomas Homer, Oliver Turner, E. A. Spalding, George W. White- head, Petier Bamberger. Manuel Overfield, James M'Farlane, James Bell Ewart, Thomas J. Horner, Joseph Grier, G. W. Bremyer, Nathan Jacobs, Charles Goulding, Thomas U. Howard, Thomas J. Jones, James IngersoU, John Young, John Weir, A. M'Donell, William Bull Sheldon, Ebenezer Stinson, Samuel Mills, Peter Hunter Hamilton, Abraham K. % Company a Body Cor- porate. ate Sec. 3 of 8 Victoria, Chap 80; Sec. 18 of 16 Vic, Ohap 99. May hold Real Katate for Railroad purposeH only. Company empowered ! to conatmct RaUroad be- tween Lon> it don A Bur- .* lington Bay, to navigable waters of ri- ver Thames and to lalce Huron ; for I transport of passengers & property. Smith, Joseph RolestoD, Thomas Taylor, Henry Carrol, Calvin Martin, James Ritchie, E. Jackson, Jedediah Jackson, Welcome Yale, Luke V. Spur, Ira Scofield, Mahlon Burwell, Andrew Miller, David Archibald MacNab, William Notman, Matthew Crooks, Oliver Tiffany, Plumer Burley, George T. Tiffany, Edward Vanderlip, William Case, A. Smith, John Law, and Miles O'Reilly, with all such other persons as shall become Stockholders in such Joint Stock or Capital, as is hereinafter mentioned, shall be, and are hereby ordained, constituted and declared to be a body corporate and politic, in fact, by and under, the name and style of " Thb London AND GoRK Rail Road Companv^ ;" and by that name, they and their successors shall and may have continued succession; and by such name shall be capable of contracting and being contracted with ; of suing and being sued, pleading and being impleaded ; answering and being answered unto, in all courts nnd places whatsoever ; in all manner of actions, suits, complaints, matters, und concerns, whatsoever; and they and their successors may and shall have a common seaJ, and may change and alter the same at their will and pleasure ; and also, that they and their successors, by the same name of " The London and Gorb Rail Road Company," shall be, by law, capable of purchasing, having and holding, to them and their successors, any estate, real, personal or mixed, to and for the use of the said Company, and of letting, conveying, and otherwise departing therewith, for the benefit, and on account of the said Company, from time to time, as they shall deem necessary and expedient ; provided always, never- theless, that the real estate to be held by the said Company shall be only such as shall be required to be held by them for the purpose of making, using, and preserving the said BaII Road, and for objects immediately connected therewith. II. And be it enacted, That the said Conipany and theiV agents or servants, shall hava lull power under this Act, to lay out, construct, make and finish a double or single iron or wooden Rail Road, or Way, at their owti costs and charges, on and over any part of the country, lying between the town of London and Burlington Bay, and to the navigable waters of the River Thames, and also to Lake Huron ; and to take, carry, and transport thereon passengers, goods and property, either in carriages used and propelled by the force of steam, or by the power of animals, or by any mechanical or other power, or by any combination of power, which the said Com- pany may choose to employ. Arbitratorii appointed ; III. And be it enacted, That th* said Company are hereby j^^J*' ^«»"- empowered to contract, compound, compromise and agree unUi or for witn the owners or occupiers on any land, upon which they jj^,"** may determine to construct the said Rail Road, either by Bee* » vict., purchase of so muoli of the said land and privileges as they ^^»p'''»Bm. shall require, for the purposes of the said Company, or for the damages, which he, she, or they shall and may be entitled to receive of the said Company, in consequenco of the said intended Rail Road being made and constructed in and upon his, her, or their respective lands ; and in case of any dis- agreement between the said Company and the owner or owners, occupier or ocjcupiers,' as aforesaid, it shall and may be lawful from time to time, for each owner or oc- cupier so disagreeing with the said Company, either upon the value of the lands and tenements of private privileges pro- posed to be puroliased, or u»'on the amount of damages to be paid to them as aforesaid, to nominate and appoint one or more indifferent person or persons, and for the said Company to nominate an equal number of indiilerent persons, who, txjgether with one other person, to be elected by ballot, by the persons so named, shall be arbitrators, to award, deter- Their duttea mine, adjudge and order the respective sums of money, which *«• the said Company shall pay to the respective persons entitled to receive the same, the award of the majority of whom shall be final ; and the said arbitrators shall be and are hereby re- quired to attend at some convenient place in the vioil^, couininditii':, liinltiT, nnd olln'r tiling; ;, t(» ,'Uiil from tlic s;iul l»;ill llouil - !i>>' for llio <';n r^ in;; or ctMivc^'- xufl, of all in.'UiiuM' of matfrinls iiocossary lor iiuikiiiij;, oroct- iiij;, fiiniir^liiiij^;, nllcrinj;, ii'jmiriiif^, nmi'iuliiij^', Nvi'lcniii}^', or onl!ir{,''mg till- NvorUs of or l»oloii;^iii<.^ to llic naid IJail K'oail ; nnov,er to ivgiilatc the time and manner in uhicli goods and i>as-;cngors shall 1)c transi)orted, taken, and carried on the same, as \vi'll as the manner of collceting all tolls and dncs on aeeount of transportation and carriage, and shall have power to erect and maintain siicli toll-houses and otlier buildings for the accommodation and j)ropcr trans- action of their business, as to them may seem necessary. IX. And be it enacted, That whenever it sluill bo necessary for the construction of their single or double Rail Road or Way, to intersect or cros.s any stream of water, or water course, or a.iy road or highway, lying on the route of the said Rail Road or Way, between the Town of London, in the London District^ and Lake Ontario, it shall bo lawful for tho Corporation to construct their single or double Rail Road or Way across or upon the same : provided that the Corporation shall restore the stream or water course, or road or highway, thus intersected, to its former state, or in a sufficient manner not to impair its usefulness ; and shall moreover erect and maintain, during the continuance of this Corporation, sufficient fences upon the line of the route of their single or double Rail Road or Way. X. And be it enacted. That if any person or persons shall wilfully do, or cause to be done any act or acts whatever, whereby any building, construction, or work of the said Cor- poration, or any engine, machine, or structure, or any matter or thing appertaining to the same, shall be stopped, obstruct- ed, impaired, weakened, injured, or destroyed, the person or persons so oftending, shall forfeit and pay to the said Corpo- ration, double the amount of damages sustained by means of such oflence or injury, to be recovered in the name of the said Corporation, by action of debt, to be brought in any court of Record in this Province. XI. And be it enacted. That the said Company, or their agents or servants, at any time after the passing of this Act, under and by virtue of its provisions, shall and may con- struct, erect and build, and furnish a double or single Iron or Wooden Rail Road or Way as aforesaid, on any part or portion of the country lying between the Town of London aforesaid, and Turlington Hay, the navigable waters of the River Thames and Lake Huron ; and also that the said Rail 9 Road or Way contemplated by this Act, shall not in any de- gree interfere with, or encroach on any fee simple, right or private easement or privilege of any individual now holding and enjoying the same, or entitled thereto, without the pp.r- mission first had and obtained either by the consent of the owner thereof, or by virtue of reference authorised by this Act. XII. And be it enacted, T '.lat the property, affairs and con- cerns of the said Company, shall be managed and conducted by seven Directors, one of whom shall be chosen President, who shall hold their offices for one year, which said directors shall be Stockholders to the amount of at least ten shares, and be elected on the first Monday in June, in each and every year, at London at such time of th» day as a majority of the Directors tor the time being shall appoint ; /ind public notice thereof shall be given in any Newspaper or News- papers that may be published in the said Districts of London and Gore, at least one month previous to the time of holding the said election, and the said election shall be held and made by such of the Stockholders of the said Company, as shall attend for that purpose, in their own proper persons, or by proxy ; and all elections for such Directors shall be by ballot, and the seven persons who shall have the greatest number of votes at any election shall be Directors, and if 't shall happen at any such election that two or more have an equal number of votes, in such a manner that a greater number of persons than seven shall, by a plurality of votes, appear to be chosei; Directors, then the said stockholders hereinbefore authorised to hold such election, shall proceed to elect, by ballot, until it is determined which of the said persons so having an equal number of votes, shall be Director or Directors, so as to com- plete the whole number of seven and ; the said Director's so chosen, as soon as may be, afler the said election, shall pro- ceed in like manner, to elect by ballot, one of their number to be President, and if any vacancy or vacancies shall at any time happen among the Directors, by death, resignation or removal from the Province, such vacancy or vacancies shall be filled for the remainder of the year in which they may happen, by a person or persons to be nominated by a majority of the Directors. [This section is amended by Act 9 Vic, Chap. 81. S. 82 changing place for holding Elections for Directors, and 12 Vic. chap. 166; S. 6 altering number of Directors from 6 to 11. J XIII. And be it enacted, That each Stockholder shall b Company t(^ be mana- fed by Reren ilreetora. See 9 Vic, Ohap: 81. Sec. 83. Votes accor- ding to No. of Shares. /oteB accor- ding to No. of Sharei. lo Oorporation not di88olT- ed by aon- eleotion of Director! '^n day appoint- ed. DIreoton empowered to make By- Laws and appoint offi- cers. entitled to tue number of votes proportioned to the number of shares which he or she "hall have held in his or her own name at least one month prior to the time of voting, accord- ing to the following rates, that ir. to say — one vote for each shsre not exceeding four, five votes for six shares, six votes for eight shares, seven votes for ten shares, and one vote for every five shares above ten. [This Section amended by \2th Vic, Chap. 156, Sec. ^, giv- ing one vote for each share.\ XIV. And be it enact«d, That in case it should at any time happen that an election of Directors should not be made on any day, when pursuant to this Act it ought to have been made, the said corporation shall not for iiiaL cause be deemed to be dissolved, but it shall and may be lawful on any day to hold and make an election of Directors in such manner as shall have been regulated by the bye-laws and ordinances of the said corporation. XV. And be it enacted, That the Directors for the time being, or a majority of them, shall have power to make and subscribe such rules and regulations as to them shall appear needful and proper, touching the management and disposition of the stock, property, estate and effects of th; said Company, and touching the duty of the officers, olerks and servants, and all such other matters and things as appertain to the business of the said Corporation, and shall also have power to appoint as many officers, clerks, and servants for carrying on the said business, with such salaries and allowances as to them shall seem fit. XVI. And be it enacted, That on the first Monday in the month of April next, a Meeting of the Stockholders shall be held at London, toho in the same manner as hereinbefore pro- vided, shall proceed to elect seven persons to be Dir?:tors, who shall elect by ballot one of their number to be their President, and shall continue in office until the first Monday in Tvne after their election, and who, during such conth xance, shall discharge the duties of Directors in the same manner as if they had been elected at the annual election : Provided always^ that if shares to the amount of twenty-five thousand pounds of the Capital Stock of the said Comj)any shall not be taken, then the said meeting shall not be held until that amount of Stock shall have been taken up, and at least thirty days notice thereof given in any paper or papers published in the Districts of London and Oore. [Repealed 8 Vict. chap. 86.] 11 A call of 6 r cent may XVII. And be it enacted^ That the whoh Capital Stock of the said Company^ inclusive of any Real Estate which the Company may have or hold by virtue of this Act, shall not ex- ceed in value One Hundred Thousand Pounds, with a privilege to the said Company of extending the amount of such capital to the sum of Two Hundred Thousand Paunds, in the event of the extension of the works to the navigable waters of the River Thames or to Lake Huron; and that such capital or Stock of one hundred thousand pounds, or two hundred thousand pounds, {if increased) be held in eight thousand, or sixteen thousand shares, of twelve 2>oands ten shillings each ; and that the shares of the Capital Stock may after the first instalment thereon shall have been paid, be transferred by the respective persons subscril^ ing and holding the same, to any other person or persons, and such transfer shall be entered and registered in a book or books to be kept for thai purpose by the said Company : Provided always, that nothing herein contained shall extend to authorise the said Company to carry on the business of Banking. [Repealed 8 Vict. chap. 88.] XVIII. And be it enacted, Tliat so soon as Directors have been appointed as aforesaid it shall and nay be lawful for be made at them to call upon the Stockholders of the said Company, by ^oe!*^' "'" giving thirty days notice thereof in any newspaper published in the aforesaid Districts of London and (joi\ for an instal- ment of five per cent, upon each share which they or any of them may respectively subscribe, and that the * esidue of the sum or shares of the stockholders shall be payable by instal- ments in such time and in such proportions as a majority of the stockholders at a meeting to be expressly convened for that purpose shall agree upon, so as no such instalments shall exceed five per cent., nor become payable in less than thirty days after public notice in the newspapers as aforesaid ; provided always that the said Directors shall not commence the construction of the said Rail Road or Way, until the first instalment shall be paid in. XIX. And be it enacted, That if any Stockholder or Stock- feitefSy"" holders aforesaid shall refuse or neglect to pay at the time Bon-paym't. required, any such instalment or instalments, as shall be law- m*nt!^**'" fully required by the Directors as due upon any shard or shares, such stockholder or stockholders so refusing or ne- glecting shall forfeit such share or shares as aforesaid, with any amount which shall have been previously paid thereon, and that the said share or shares may be sold by the said Id profits to be made. Directors, and any sum arising therefrom, together with the amount previously paid thereon, shall be accounted for, and applied in like manner as other monies of the said company. Provided always, that the purchaser or purchasers shall pay the said company the amount of the instalment required, over and above the purchase money of the share or shares so purchased by him, her or them as aforesaid, immediately after the sale and before they shall be entitled to the certificate of the transfer of such shares so purchased as aforesaid. Provided al- ways that thirty days notice of the sale of such forfeited shares shall be given in any newspaper or newspapers publised in the l^ondon or Gore Districts, and that the instalments due may be received in redemption of any such forfeited share at any timo before the day appointed for the sale thereof. Annual (li- ^^* ^^^ ^® ^^ ®'^' ^^^*^» ^h*^ '*' ^^^^^ ^® *^® ^"*y ^^ ^^^ ]',i.'?>fl. '?*»-. "ha Directors to make annual dividends of so much of the profits of "thesaidCompany as to them or a majority of them shall seem advisable, and that once in each year an exact and particular statement shall be rendered of the state of their affairs, debts, credits, profits and losses, such statement to appear on the books, and to be open to the perusal of any stockholder at his or her reasonable request. XXI. And be it enacted. That this Act shall be deemed and taken to be a public Act, and as such shall be judicially noticed by all Judges, Justices of the Peace and other persons without being specially pleaded. Hii^MSwity ^^^^' And be it enacted. That at any time after forty years to asRume atlcr the making and completing the said Rail Road or Way, Sc!**" on. jjjg ;^faj(jst;y His Heirs and Successors may assvmie the pos- session and property of the same, and of all and every the works and dependencies thereto belonging, upon paying to the said company, for the use of the stockholders thereof, the full amount of their respective shares, or of the sums flir- nished and advanced by each subscriber towards the making and completing the said double or single Iron or Wooden Rail Road or Way, together with such further sum as will amount to twenty per cent., upon the monies so advanced and paid as a full indemnification to such company, and the said double or single Iron or M oden Rail Road or Way, shall from the time of such assumption in manner aforesaid, appertain and belong to His Majesty, His Heirs and Succes- sors, who shall from thenceforth be substituted in the place and stead of the said Company, upon the conditions and subject to the provisions of any act of the Legislature of this PubUc Act. t$ m Province that may be passed respecting the same ; provided always that it shall not be lawful for His Majesty, His Heirs or Successors, at any time after the expiration of the said forty years, to assume the possession and property of the said Rail Road or Way, >»Tith their appurtenances as aforesaid, unless it shall appear from the accounts of the said Company to be for that intent laid before the Legislature, that the Stockholders of the said Company have received every year upon an average the sum of twelve pounds and ten shillings for every one hundred pounds they shall be possessed of in the said concern. XXIII. And be it enacted. That from and after the period when the possession of the right, interest and property in and to the said double or single Iron or Wooden Rail Road or Way shall have been assumed by His Majesty, His Heirs and Successors as herein before authorised, all tolls and profits arising therefrom shall be paid into the hands of His Ma- jesty's Receiver General to and for the public uses of this Province, at the disposal of the Legislature thereof, and shall be accounted for to His Majesty, His Heirs and Successors, through the Lords Commissioners of His Majesty's Treasury, in such manner and form as His Majesty, His Heirs and Suc- cessors shall be graciously pleased to direct ; provided always, that the said double or single Iron or Wooden Rail Road or Way shall be commenced within two years after the passing of this Act, and finished from the town of London to Burlington Bay within ten years, and from the said Tovra of London to the navigable waters of the River Thaiaes and to Lake Huron in twelve years, otherwise this Act and every matter and thing herein contained shall cease and be utterly null and void. — (Modified by renewed Charter.) XXIV. And be it enacted. That this Act shall not be con- strued to giva any power to the said Company to erect ways or works of any description upon or over either the Grand River or River Thames, so as to interfere in any manner with the free use and navigation thereof. (This Section modified by subsequent Acts.) XXV. And be it enacted. That notwithstanding the privi- leges hereby conferred, the Legislatuio may at any time hereafter make such addition to this Act, or such alteration of any of its provisions as they may think proper for afford- ing just protection to the public or to any person or persons, body politic or corporate, in respect to their estate, property or rights, or any interest therein, or an advan- After in poi- lewion by the Crnwn, tolU to be paid to Reo. General, Ac. Company's woriM on Grand River not to inter- fere wiih ita navigation. Thif Act may be mo* difled by the Legiflatare. 14 Limitation •r Action. tage, privilege or convenience connected therewith, or in respect to any way, or right of way, public or private, that may be effected by any of the powers given by tnis Act. XXVI. And be it enacted, That if any Action or Suit shall be brought against any person or persons, for any matter or thing done in pursuance of this Ad, such Action or Suit shall be brmight within six calender months next after the fact com- mitted, and not afterwards : and the Defendant or Defendants in such Action or Stiit, may plead the general issue only, and give this Act, and the special matter in evidence on the trial. — (See 16 Vic, Chap. 99, Sec. 10.) 8iH YiOTOBiA, Chap. 86. AN ACT TO REVIVE CERTAIN PROVISIONS OF THE ACT INCORPORATING THE GREAT WESTERN RAILROAD COMPANY : AND TO ENABLE THEM TO CARRY ON THAT WORK. [PASSBD 29th MARCH, 1845. Wherkas it is expedient to revive, with certain excep- Prwmbto tions and amendments, the Act of the Legislature of Upper Canada, passed in the fourth year of the Reign of His late Majesty King William the Fourth, and intituled, " An Act to incorporate certain persons tinder the style and title of'"'' The London and Gore Rail Road Company-''' Be it therefore enact- ed, &c., That the said Act passed in the fourth year of the Reign of His late Majesty King, William the Fourth, and intituled ^ An Act to incorporate certain persons under the style and title of " The London and Oore Rail Road Company" shall be and is hereby revived, and shall be in full force and effect as if the several provisions thereof were herein repeated and re-enacted, subject to the provisions hereinafter made : Pro- . vided always, that the sixteenth, seventeenth and twenty-sixth sections of the said Act, and so much of the twenty-third section or of any other part thereof, as limits the duration of the said Act, or as assigns the corporate name of the Com- pany thereby established, or is in any way inconsistent with or repugnant to the provisions of this Act, shall not be so revived but shall be and remain repealed. II. And be it enacted. That notwithstanding any thing in Nwae of the the said Act, the corporate name of the company to be con- stituted under the authority thereof shall be " The Great Western Railroad Company" by which name, instead of " The London and Gore Railroad Company" the said Com- pany shall have and exercise the privileges granted by the said Act or by this Act. Company. le road. Capital Stock. Sea 10 Vic, Chap. 99,8ec 1. 3 I ft OompanT **' ^^^' And be it enacted, ITiat notwithstanding as aforesaid, •xtonded to the said Company shall have full power to make or continue w'unM of their Rail Road, from the Town of London to Point Edward at the foot of Lake llunm, and to the Detroit River, and to any point on the Niagara River, and that they may contract, compound, compromise and agree with the owners or occu- piers of any lands upon which they may determine to con- struct such Rail Road, either for the purchase of so much of the said lands and privilege as they shall require, or for any damage done either to or by the said Company, in the same manner as is provided by the Act hereby revived in cases of the same kind. IV. And be it enacted, That notwithstanding as aforesaid, the whole capital stock of the said Company inclusive of any Real Estate which the said Company may have or hold by virtue of the Act hereby revived or of this Act, may be equal to, but shall not exceed one million five hundred thou- sand pounds, currency, to be held in 60,000 shares of £26 each; and that the shares of the Capital Stock may, after the first instalment th«reon shall have been paid, be transfered by the respective persons subscribing and holding the same to any other person or persons, and such transfer shall be entered and registered in a book or books to be kept for that purpose by the said Company; Provided always, that nothing herein contained shall authorize the said Company to act as Bankers or in any way to carry on or use the business of Banking. V. And be it enacted. That on the first Monday in Feb- ruary next, a meeting of the Stockholders of the said Com- Eany shall be held at London, at which meeting such Stock- olders shall proceed in the manner provided by the Act hereby revived, to elect seven persons to be Directors, whc shall elect by ballot one of their number to be their Presi- dent, and shall continue in office until the first Monday in June after their election, and who, during such continuance, shall discharge the duties of Directors in the same manner as if they had been elected at the annual election ; Provid«d always, that if on the said first Monday in February next, shares to the amount of £25,000 in the Stock of the said Company be not taken up, or if for any other cause the said meeting be not then held, then the first meeting shall not be held until the said amount be taken up, and at least thirty days notice thereof given in any newspaper published in the Districts of London and Gore, — bui at whatever time such KIoetioB of IMreotori, See 9 Tic, Chap 81,8ec. 17 first meeting shall be held, tho Directors elected thereat shall remain iu office until the first Monday in June next there- after. VI. And be it enacted, That the Rail Road which the said Company are authorised to make by this Act and by the Act hereby revived, shall be commenced within four years of the passing of this Act, otherwise- this Act and every matter and thing therein containef^ shull cease and bo utterly null and void, — and the several lines of Kail Road which the said Company are authori8e sand of the said sixty thousand shares have been subscribed for by persons resident in Great Britain ; And whereas it is expedient that the said recited Acts should be altered in the manner hereinafter mentioned for the purpose of affording a Acto^ntofar J"** *"^ proper protection to the English Shareholders of the ai inconais- Company in respect of their shares therein : Be it therefore Act^epeaied enacted, That the provisions of the said recited Acts so far as 19 they are inconsistent with this Act and the provisions herein oontain«d, shall be, and the same are hereby repealed. II. And be it enacted, That the persons who are for the time being to be considered the English Shareholders of the Company, and the shares in respect of which they are respec- tively to be considered such Shareholders, shall be distin- guisheti in the manner hereinafter mentioned from the persons who are for the time being to be considered the Ca"«diaii or other Shareholders of the Company, and the shares m respect of which vhoy are respectively to be considered such Share- holders. [Bepeahd.] III. And be it enacted, That William James Chaplin, Charles Devaux, Henry John Enthoven, Abel Lewis Gower, George Hudson, Samuel Laing, John Masterman, John Moss, Thomas Smith, Matthew Uzielli, and Gregory Seale Walters, or such other persons not exceeding eleven in number as shall from time to time be appointed in such manner as shall be agreed upon by the English Shareholders, shall form and be a Corresponding Conunitteo in London, and shall have and exercise such authority and control as is hereinafter mention- ed in and over the management of the affairs of the Company for the protection of the interest of the English Share- holders. [jRepealed.] IV. And be it enacted, That it shall be lawful for the Cor- responding Committee to have an office in London, with a Secretary, and such establishment as shall be requisite for enabling them to discharge the functions of their office; and all the expenses of the said office and Secretary, and of such establishment as aforesaid, and all expenses which shall be incurred by the Corresponding Committee in any wise relat- ing to the affairs of the Company shall be paid out of the general fiinds of the Company, but such expenses shall be regulated by all reasonable economy. [liepealed.] Y. And be it enacted, That such a yearly sum as a Gene- ral Meeting of the Company shall from time to time direct, but not less than five himdred pounds, nor more than one thousand five hundred pounds, in any one year, shall be set apart and paid out of the general funds of the Company ae a remuneration to the members of the Corresponding Com- mittee for their time and labour in att^iding to the afiairs of the Company, and shall be divided amongst such members in such manner as they shall agree upon. [Jiepealed.'\ How Koclbh SharehoTd- en ihkU b« dlitlDiuith'd from L'ana- ilian or other Sharetaold- en. Certain per< fong to Ibrm CorreapoDd- Inf Oommtt- te« In Lon- don. Oorreepond- Ing Commit- tee to have an office and Secretary in London. SzpenMi »I. lowed. A certain yearly aam to be 8«t a- part as a re- DutnerMion tff tumbm of Oorrea- Sonding ommittee. 90 OhnnfM in Oorrenpond- InK Ooiumit- t«e to be cer- tified to the DIrectoM of the Corniia'y in Okrada. Names and placet of re* ■Idence of tubtcriberi In Great Britain to be entered In a book kept for that pur- pOM. Ooplei to be MDt to Cana da. Penoni named there In to be deemed En- glUh Share- noldem. Canadian Directors al- io to keep a Regiiter. VI. And be it onactc-d, That when and so often as any change Hhall take place aH to the personis who Hhall for the time being form the CorrcHponding CoTniiiittee, such change .shall bo certified to the Direotors of the C'oiapany in Canada by some writing to be signed by thi-ee of the persons who shall have formed the Corresponding Committee immediate- ly previous to such change taking f)lace, and the persons who hhall from time to time be certified in mivnncr aforesaid to be the members formingthe Corresponding Committee, shall be considered and treated as sucn ('omraittee by the Directors of the Company in Canada. [Iiepeated.\ VII. And be it enacted. That the Corresponding Com- mittee shall cause the names and places of residencti of the persons who have subscribed for the said tillty-five thousand shares in the Company so subscibed for by persons resident in Great Britain as aforesaid, and the number of shares belong- ing to each of such subscribers, and the proper number of each share, t(. je entered in a book to be kept by the Corresponding Committee for that purpose, and to be called " The English Share Register Book," and shall from time to time cause entries or alterations to be made in such book, as the transfer of trans- mission of shares in the Capital of the ('ompany and other circumstances shall make it necessary, in order that the same book may at all times show who are for the time entitled to the rights of, and are to be considered as the English Share- holders of the Company, and in respect of what shares they are to be considered such Shareholders ; and copies of the same book and of the entries or alterations which shall from time to time be made therein as aforesaid, shall be signed by three of the members of the Corresponding Committee and be regularly transmitted to the Directors of the (]Iompany in Canada, and the persons who shall thereby appear to be for the time being the English Shareholders of the Company in respect of the shares thereby appearing to be held by them respectively, shall be considered and treated by the Directors as being the English Shareholders in respect of such shares, and the Directors of the Company in Canada shall at all times keep a separate and distinct Register of such English Share- holders and of the shares which may for the time being be held by them respectively, so as to distinguish the English Shareholders of the Company and the shares which may for the time being be held by them respectively, from the other or Canadian Shareholders of the Company and the shares 21 which may for tho time being be held by them respectively. [Repealed.] VIM. And bo it enacted, That it shall be lawfid for any person wliu shall tor tho tiinebcin^ bean English Shareholder of the Company in respect of any share or shares, if he shall 80 desire, to Ix'come a Canadian Slmreholder in respect of such share or shares, instead of being an English Shareholder in respect thenof, and upon such shansholder giving notice to the Corresponding Committee of such desire, the Correspond- ing Con)mittee shall, as soon as conveniently may he, transmit such notice to the IMrcctora of the Company in Canada, and the Corresponding Committee and the said Directors, respec- tively, Hhall thereupon and (hey are hereby required to make such entries or alterations in the Share Register Books to be kept by them respectively, as shall be necessary for the pur- pose of shewing tne change which shall have taken place in respect of such share or shares ; and it shall be lawful for any person who shall for the time being he a Canadian Share- holder in the (Company in respect of any share or shares, if he shall so desire, to become an English Shareholder in respect of such share or shares, instead of being a Canadian Shareholder In respect thereof, and upon such Shareholder giving notice to the Directors of the Company in (^anada of such desire, the Directors shall, as soon as conveniently may be, transmit such notice to the Corresponding Committee, and the said Directors and the Corresponding Committee, res- pectively, shall thereupon and they are hereby required to malce such entries or alterations in the Share Register Books to be kept by them, respectively, as shall be necessary for the purf)ose of shewing the change which shall have taken place in respect of such share or shares: Provided always, and be it enacted, That until such entries or alterations as aforesaid shall be made in the said Share Register Books both by the Directors of the Company in Canada and the Corres- ponding Committee, every English Shareholder desiring to oecome a Canadian Shareholder in respect of any share or shares, and every Canadian Shareholder desiring to become an English Shareholder in respect of any share or shares, shall be considered and treated as being a Shareholder in res- pect of such shaie or shares of that class to which he shall have appeared to belong according to the said Share Register Books immediately before he shall have given such notice as i^foresaid. [Repealed.] Any Kogi> llih Share- holder mtj becnmi! • (.'unadlan ShMrtholdcr and how. And anyCa- n aUi A D Shareholder may become an Eoglish Shareholder Proviso : Such changei not to take ef- fect until re- gistered. $9 Coiopkny In Caiiada not to do certain Acta without oonOrma- UoD of Cor- reipondtng OonnittM. Proviso : Oeciaion of Correspond- ing Commit- tee when to be transmit- ted. IX. And be it enacted, That it shall not be lawful for the Directors of the Company in Canada, without the confirma- tion of the Corresponding Comnaittee, to do any act, matter or thing in the management by them of the affairs of the Company in any of the following particulars, that is to say : First. Contracts where the subject matter shtill be of the amount or value of £10,000 sterling or upwards. Secondly. Appointments or employments where the salary or remuneration shall be at the rate of £150 sterling a year or upwai'ds. Thirdly. The fixing of the Rates of Tolls and Fares, and all general alterations therein. Fourthly. The forfeiture of Shares of English Sharehold- ers. Fifthly. Extensions or alterations of the line of the Rail- road, and all other extensions or alterations in the nature of the undertaking. Sixthly. Applications to the Legislature for any alteration in the Company's Acts or any of them. Seventhly, The amount of, or any alteration in the times of making dividends. Eighthly. Alterations in the amount or constitution of the Capital of the Company. Ninthly. The contracting, discharging or altering the terms of any permanent loan to be made by or to the Company. Tenthly. Any other matters as to which such confirmation as aforesaid, may at any time or times be found necessary or expedient for the protection of the English Shareholders, and which may from time to time be agreed upon between the Directors of the Company in Canada and the Corresponding Committee. [Repealed.] X. Provided always, and be it enacted, That the decision of the Corresponding Conunittee upon any matter submit- ted to them for conilrmation shall be transmitted from England for the Directors, within twenty-one days after the receipt at the office of the Corresponding Committee of the communication or despatch submitting such matter for confirmation, or within the period of forty days after the receipt at the said office of such communication or despatch, in case the Corresponding Committee shall, within fourteen days after the rexjeipt thereof at the said office send a notifi- cation to the Directors in Canada, signifying their intention of submitting mvh matter to a General Meeting of the English Shareholders. [R^ealed.] 23 ' XL And be it enacted, That all communications and des- patches which shall be transmitted from the Corresponding Committee to the Directors, and purporting to be resolutions or Acts of such Committee, or a majority of them, shall be signed by three of the members of the Committee, wid all communications and despatches so signed shall be considered and treated by the Directors as the resolutions and acts of such committee, and be binding accordingly. [Repealed.] XII. And be it enacted, That the Corresponding Committee shall have power to make from time to time, all such By-laws and regulations for their own government, and for promoting and effecting the objects of their constitution, as to them shall seem expedient, and they shall have power, with the concur- rence of the English Shareholders, to make and carry into effect all such regulations as they may deem expedient with respect to holding meetings of the English Shareholders, making reports and other communications to thorn, and gene- rally with such concurrence as aforesaid to do all such acts, matters and things as they may think fit for the management of the affairs of the Company in England, and for the pro- tection of the interests of the English Shareholders. [/2e- pealed.] XIH. And be it enacted, That a general meeting of the Company shall be called at any time by the Directors upon the receipt by them of a requioition to that effect, signed by any Shareholder or Shareholders holding in the aggregate not less than one thousand shares in the Company, and every such requisition shall specify the object for which such meet- ing shall be required to be called, and the Directors shall thereupon give such notice of such meeting as is hereinafter mentioned, and shall specify in such notice the object for which the meeting is required to be held. [Bepealed.] XIV. And be it enacted, That the Directors shall be sub- ject to the control and authority of the general meetings in the management of the affairs of the Company. [Repealed.] XV. And be it enacted, That everv Shareholder of the Company shall be entitled to appoint any person whomsoever, being also a Shareholder, to vote and act for him or her by proxy at the general meetings of the Company, according to the number of votes which the persons appointing such proxy shall be entited to, according to the rates of voting which shall for the time being be prescribed by the act or acts of the Company ; but no vote or act by proxy of any English Shareholder shall be admitted, unless the person appomted Communioa- tloDB of Cor- responding Committee to be signed by three member!. Correepond- ing Commit- teo ma; make By- laws, Ac, for the protec- tiuo of the Englich Sharehold'ra Qeceral Meetings of Company how to be called. Directors to be sul\|ect to uontrol of f»' eral Mefctings. Sharehold- ers may vote by proxy. Proxies to be in writ- ing, Sherehold- er8 having proxy to be considered as present. Notice of General Meetings to be transmit' ted by Lorn pany in (Ca- nada to Cor- responding Committee in London, witliin a cer- tain tlni'^ Notice to be given by Candidates for office of Directois. # 24 to vote or aot as the proxy of sui^h Shareholder, shall he nominateil 1»_v writing mitler the hand of the Whai'eholder availing himself or herself of his or her riorht to vote or aet by proxy, and such nomination in writing shall be sign* d l»y one at least of the members of the Corres(i(jiiding Committeo or their Secretary, Jiinl such proxy shall cither continue in force only for the particular meeting for which the same sliall have been giv^ni. and for every adjournruent of such nueting, or shall continue in force for sui-h meetings; or for su ;h time as the Shareholder giving such proxy shall tliereby lirect. \Repealed.] XVI. And be it enacted, That every Shareholder who shall have and appoint such proxy as aforesaid, shall during all ?uch time as such proxy shall l)e in force, be considered as present by such proxy, and all the votes and acts of the proxy in that capacity shall be as valiresentand voted or acted in his or her own person. [Iiip(a/ed.\ X\'II. And be it enacted, That the Directors of the Com- pany in Canada shall transmit from Canada for the (,'orros- ponding Committee at their othce in London, notice of the holding of every general meeting, sixty days at the least be- fore the I'ay appt>inted for the holding of such meeting, and every such notice shall specify the particular object for which such meeting shall have been calh'd, and the nature of the matters intended to be discussed or determined at such meet- ing : Provided always, that the Directors may call any general meeting upon giving any less exttuided notice to the Corresponding Committee of tlie same, whenever they shall be authorized so to do by a resolution of the Corresponding Committee. \J{e2)ealed.] XVIll. And bo it enacted, That all candidates for the othce of Director or any other office which shall according to the constitution of the Company be tilled by the election of the general meetings, shall leave at the oflice of the Company in Canada, notice in writing, of their intention to become such <'andidates, sixty -iive days at the least previously to I he day of election, and (he names of such candidates shall with all convenient speed b(^ from time to time transmitted by the Directors to the Corresponding Committee, and if at any meeting the number of Candidates who shall give such notice as aforesaid, shall be sullicient to till all the offices which shall have to be filled by election at such meeting, no other candi- 1 s& dates than those who shall have given such notice shall be proposed at such meeting, but if by reason of neglect to give such notice as aforesaid, or the retirement or death of any candidates after giving such notice, or for any other cause, there shall be at the meeting a deficiency of candidates who shall have given such notice to fill the offices which shall have to be filled up at such meeting, then and in such case it shall be lawful for any Shareholder or Shareholders representing in the aggregate either personally or by proxy ten votes, to propose and nominate any candidate or candidates for any office or offices for which there shall be a deficiency of candi- dates who shall have given such notice as aforesaid. [^Re- pealed.] XIX. And be it enacted, That after the three first calls shall have been made, no call shall be made less than sixty days before the time fijced for payment of such call, and that immediately after any call shall have been made, the Direc- tors of the Company shall transmit notice thereof to the Corresponding Committee, who shall thereupon with all con- venient speed give notice of such call to the English Share- holders, and the calls of the English Shareholders shall be paid to the Company's Bankers in London, to the credit of the Company. [Bepea^.] XX. And be it enacted, Tliat subject to the provisions herein contained, it shall be lawful for the Directors of the Company to declare any share or shares in respect of which any call shall remain unpaid after the time fixed for pay- ment of the same, to be forfeited, and the same shall, unless such forfeiture shall be waived in the manner hereinafter mentioned, be forfeited accordingly, and be sold by the Direc- tors for the benefit of the Company : Provided always, that no share of any English Shareholder shall be forfeited for the non-payment of any call if such call shall be paid within twenty-one days after notice of the making of such call shall have been received at the office of the Corresponding Com- mittee, though such call may not be paid until after the day which shall have been fixed for the payment of the same. [Bepealed,] XXI. And be it enacted. That it shall be lawful for the Directors of the Company from time to time to waive the for- feiture of any share or shares belonging to any Canadian Shareholder for the non-payment of any call upon sOch share or shares, upon condition of the payment by such Sharehold- er at my time before the share or shares which ishaU have Deficiency o f Candidates. Calla when to be made. Forfeiture of Bbarei, Ac, for non-pay- mentofcaUa PrcTiRo as to English Sttarehold- ers. Porteiture of shares may be waived on certain conditions. 28 Directors to make half yearly dlri- dendi. Eingllah Sharehold- ers' divi- dends to be remitted to Kngland free of charges. nirecton to cause min- utes of pro- ceeds to be entered in a book for that purpose. become subject to forfeitnre shall have been sold, of the amcunt of the call made in respect of the same, together with interest thereon at the rate of five per cent, per annum, to be computed from the time at which such call ought to have been paid, and upon such other conditions (if any) in addition to the payment of such call and interest as to the said Directors sliall seem reasonable ; and it shall be lawful for the Corresponding Committee from time to time to waive the forfeiture of any share or shares belonging to any Eng- lish Shareholder for the non-payment of any call upon such share or shares, upon condition of the payment by such Share- holder at any time before the share or shares which shall have become subject to forfeiture shall have been sold, of the amount of the call made in respect of the same, together with interest thereon at the rate of five per cent, per annum, to be computed from the time at which such call ought to have been paid, and upon such other conditions (if any) in addition to the payment of such call and interest as to the Corresponding Committee shall seem reasonable. [BepealedJ] XXII. And be it enacted. That the Directors shall make a dividend out of the profits of the Company at regular half- vewrly intervals, in the months of February and August in every year, and the amount of such dividend shall be distri- buted equally amongst all the shares in the Company; and the amount of the dividends of the English Share- holders shall be from time to time remitted to the Bankers of the Company in England, to be p'aced there at the disposition of the Corresponding Committee who shall distribute the same amongst the English Shareholders accord- ing to their respective rights and interests therein, in such ma^^ner as shall be appointed or agreed upon by the English Shareholders ; and all expenses of remitting such dividends and of the distribution of the same, or in any wise relating thereto, shall be paid out of the general funds of the Company, to the end that the English Shareholders may /eceive the same amount of Dividend as the other Shareholders if the Company, in proportion to the number of Shares held by them respectively. iRepealed.] XXIII. And be it enacted. That the Directors of the Com- pany in Canada shall cause minutes of all their proceedings to be en red in a book to be kept for that purpose, and shall cause full dnd regular accounts to be kept of all monies which shall from time to time be paid or received by them, and of all business which shall be transacted by them or by their ft7 im I xM order in any wise relating to the affairs of the Company ; and shall from time to time with all convenient dispatch, transmit to the Corresponding Committee at their office in England, copies of all such minutes and accounts, and all such other information as may from time to time be required by the Corresponding Committee in any wise relatiiig to the affairs of the Company. XXIV. And be it enacted, That the Corresponding Com- mittee shall keep full and regular accounts of all monies which shall from time to time be paid or received by them on account of, or in any wise relating to the affairs of the Company, and shall from time to time with all conven'ent dispatch transmit to the Directors of the Company at their office in Canada, copies of such accounts and all such other information as may from time to time be required by the Directors, in any wise relating to the affairs of the Company. XXV. And be it enacted. That it shall be lawful for the Directors of the Company and the Corresponding Committee from time to time by agreement between themselves, to make any provisions not inconsistent with this Act or any other Act relating to the said Company, for the purpose of regulating the relative rights and interests of the English Shareholders and the Canadian or other Shareholders of the Company, and that all provisions which may be made as aforesaid shall be entered in books to be kept exclusively for that purpose, by the Dii ectorst of the Company and the Cor- responding Committee respectively, and that all such provi- sions shall, after they shall have been so entered, and after notice of the same shall have been given to the Shareholders of the Company, thirty days before the time fixed for the coming into opperation thereof, either by a circular letter to be sent to each ot the Shareholders, or by an advertisement to be inserted twice in at least one public newspaper to be published in the Gore, London and Western Districts, respec- tively, and the Canada Gazette, and twice in two daily morn- ing London newspapers, be considered as forming part of the laws of the Company, and be as binding and eft'ectual as if the same had been expressly enacted by this Act. XXVI. And be it enacted, That whenever any lands or grounds required by the said Company, for the purpose of the said Rail-road, are held or owned by any person or per- sons, bodies corporate, politic or collegiate, whose residence may not be within this Province, or unknown to the said Company, or when the title to any such lands or grounds Correapond- ing Commit- tee to keep regular ac- counts, &o. Directoti and Corres- ponding Committee may by agreement make provi- sion!) not in- consistent with this or any other Act. Provisions when lands required by Company aie held by persons, bodies, cor- porate or parties una- ble to treat, S8 ■■■'■I-.,., Arbitrators to be ap- pointed. ProTlfo. The Ilka when lands are under mortgage may be in dispute, or when the owner or owners of such land or grounds are unwilling or unable to treat with the said Com- pany for the sale thereof, or to appoint Arbitrators, it shall and may be lawful for the said Company, after having first given thirty days' notice of such intention in some newspaper pub- lished in the District where such lands are situate, to nomi- nate and appoint one or more indifferent person or persons, and for the Judge of the District Court for the District in which such lands or grounds are situate, on the application of the said Company, to nominate and appoint an equal number of indifferent persons, who, together with one other per- sons, to be elected by ballot by the person so named shall be Arbitrators to award, determine, adjudge and order the res- pective sums of money, whinh the said Company shall pay to the respective persons, entitled to receive the same, for the said lands or grounds, or damages as aforesaid, and the deci- sion of the majority of such Arbitrators shall be final, which said amount so awarded, tI.o said Company are to pay or cause to be paid to the said several parties entitled to receive the same, when demanded ; and also that a record of such award or arbitration shall be made up and signed by the said Arbitrators or a majority of them, specifying the amount of such award, and the costs of such arbitration, which may be settled by the said Arbitrators or a majority of them, which record siiftll be deposited in the Registry Office of the County in which such lands or grounds are situated; and also that the expenses of the said arbitration shall be paid by the said Company: Provided always, that in all Arbitrations under this or any other Act relating to the said Rail road, the Arbi trators shall take into consideration the benefit conferred on the property on which they are arbitrating, as well as the damage done to any particular portion thereof. XXVII. And be it enacted. That whenever any lands or grounds required to be used or occupied by the said Company, shall be held under mortgage, it shall and may be lawful to and for the said Company to nominate and appoint one or more indifferent person or persons, and for the Judge of the District Court for the District in which the lands or grounds are situate, on the application of the said Company, to nomi- nate and appoint an equal number of indifferent persons, who together with one other indifferent persons to be elected by ballot by the persons so named, shall be Arbitrators to de- cide and assess the value of the said lands or grounds, or the amount of damage to be paid to the owner thereof as afore- M I'M- 39 m ;.'! said ; and upon such decision or award tlie said Company shall pay or causu to be paid, the amount of such award to the Mortgagee, as a payment for and on account of the sai'1 mort- gage ; and upon such paym«mt being so made the Mortgagor and Mortgagee ai'c hereby required and )mpany wore thereby empowered to construct And be it enacted, That nothing in the Charter of the said Great Western Railroad Company or in any Act of Parlia- ment affecting the same, enacted or contained, shall be con- strued to prevent the said Company from crossing any navi- gable rivers or waters with the said Railroad, upon duly pro- viding against any unuocosaary obstruction of the navigation thereof. 16th Victotjia, Chap. 99. 'V^ AN ACT TO INCREASE THE CAPITAL STOCK OF THE GREAT WESTERN RAILROAD COMPANY, AND TO ALTER THE NAME OF THE SAID COMPANY. [Pabsbo 22nd Aphil, 1853. Preamble. Whkreas the Great Western Railroad Company have applied for an increase of the Capital Stock of that Company, and it is expedient and necessary the same should be granted: Be it therefore enacted by the Queen's Most Excollont Ma- jesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted 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 Cana- da, and for the Government of Canada^ and it is hereby en- acted by the authority of the same, That the Great Western Railroad Company are hereby authorized to increase their Capital Stock to an amount not exceeding Five Hundred Thousand Pounds of lawful money of this Province, by <'reat- ing an additional number of shares not exceeding twenty thousand, (.)f Twenty-five Pounds each, and that the said Com- pany shall cause a Stock Book for the subscriptions of parties desirous of becoming Stockholders or subscribers for such aledge their auds, tolli, Ac. Proviso. Powen and restrictions as regards navigable waters. Proviso: na- vigation not to be imped- ed. st^taettssHMm 38 Company nu.y tender cumpeusa- tion for laudfl, &c. taken by them. CoRt8 to fall on the oppo- site party if there be an arbUration, aud the a- ward be for no greater sum than the compen- sation ten- dered. After tender and paym'nt Into Oourt,if tender be r«> faB::d, Com- pf .ly may take poBses- ■iOD. or occupiers of any lands, grounds or private privileges so taken, shall be compensated therefor as is provided by this Act and the several Acts incorporating said Company and amendments thereto. (See 4 Wm. 4, Sec. 9.) V. And be it enacted, That for and not withstanding any- thing in any Act of the Parliament of this Province or of the late Province of Upper Canada, incorporating th« said Great Western Railroad Company or amending the same, in case any dispute or disagreement shall arise between the said Company and the owner or occupier of any land or ground or privileges appertf^ining thereto, which may hove been taken by the said Company or which shall hereafter be taken or re- quired by the said Company for the uses or conveniences of their Road, as to the value of the land or ground so taken and the privileges appertaining and damages done thereto, it shall any may be lawful for the said Company and they are hereby empowered to tender to such owner or occupier of such land or ground and privileges as aforesaid, such sum or sums of money as compensation therefor, as the said Company may con- sider reasonable and just; and in case an arbitration or suit be had thereon by reason of such owner or occupier not accept - ing such suTTi or compensation so tendered, and no greater sum be awarded or allowed to such owner or occupier, by the Arbitrators appointed to settle or a Jury empannelled to try the same, than the amount of compensation so tendered, then the said owner or occupier of such land, ground or privileges shall pay and discharge all costs and charges attending such arbitration or suit, and if any greater sum be awarded or al- lowed by such Arbitrators or Jury than the amount so ten- dered, then the Company shall pay all costs and charges at- tending such arbitration or suit, and also such additional sum as may be so awarded or allowed by such Arbitrators or Jury, for the land, or ground damages, or privileges so taken by the said Company. VI. And be it enacted, That the said Company shall, as soon as may be after making such tender, (if the same be not accepted) pay the amoimt or sum so tendered into the office of either of the Superior Courts of Common Law for Upper Canada, for the use of the owner or occupier of such land or ground or such party as may be entitled by law to receive file same ; and immediatfsly upon the sum so tendered being deposited with the Officer of such Court, it shall and may be lawful for the said Company, and they are hereby authorized and empowered forthwith to take possession of the said land ■■'Pi ■fi i 1 39 or ground, and to hold the same for the uses for which they may require the same ; and if any resistance or forcible op- position shall be made by any person to their so doing, it shall and may be lawful for the Judge of any of Her Ma- jesty's County Courts in Upper Canada, ou proof to his satis- faction of such tender being made aud the compensation money deposited as aforesaid, and that immediate possession of the land is required by the said Company, to issue his Warrant to the Sher' T of the County or United Counties in which the land in question is situate, or to a Bailifl' as he may deem most suitable, to put the said Company in possession, and to put down such resistance. VII. And be it enacted, That whenever any sum vr sums of money shall be agreed upon or aw^arded to be paid by the said Company, for any land ta1^' *j r-^iVj^Ts'v^M 40 How deben- ture*, Ac, may be exe- cuted. Corpora- t.'ong not to incur liabili- ty without absent ofTo- teri. Mayor, Ac, to be a Di- rector on a lubicription or£S5,(HM)or upward!. the payment of any sum of money under this Act, shall have full power and uuihority to cause to be assessed and levied, from time to time, upon the whole rateable property m such County, City, Township or Village, sufficient sums to enable them to discharge the debts, obligations nnd engage- ments which they shall have contracted as aforesaid; and also for the liite purpose, to issue Debentures, payable at such times, and for such sum respectively, not less than twenty-jiv9 pounds^ and bearing or not bearing interest, as such Corpora- tion may think meet. III. And be it enacted, That any Debenture which any Corporation may, under this Act, issue, endorse or guarantee, shall be valid and binding upon such Corporation, if signed, endorsed, or countersigned by such officer or person, and in sui'h manner and form as shall be directed by any By-law of the Corporation, and it shall not be necessary that it be under the Seal of the Corporation, or that any further form be observed with regard to it, than »uch as shall be directed in such By-law as aforesaid. IV. And be it enncted, That it shall not be lawful for any Municipal Corporation to subscribe for Stock as aforesaid, or incur any debt or liability under this Act, unless and until a By-law to that effect shall have been duly made and adopted with the consent first had and obtained of a majority of the qualified electors of the Municipality, present at a meeting called for that purpose by the Mayor, Warden or Town Reeve, at the request of any ten such electors, by public ad- vertisement containing a copy of such proposed By-law, in- serted at least four times in each Newspaper printed within the limits of the Municipality, or if no newspaper be printed therein, then in some one or more newspapers printed in the immediate vicinity thereof, and circulated therein. V. And be it enacted, That the Warden, Mayor or Town Reeve, being the head of any Municipal Corporation sub- scribing for and holding shares in the Stock of the said Com- pany to the amount of TweuLy-five Thousand Pounds or upwards, shall be ex. officio, cue of the Directors of the said Company, in addition to the number of Directors now autho- rized by Law, and shall have the same rights, powers and duties as any of the other Directors of the said Company. 12th VicToniA, Chap. 98. AN ACT To make certrin General Provmnns with regard to the Services which the Oovernment may require of Railroad Com- panies, whose Acts of Incorporation make them subject to such general Provisions. [Passed 30th Mat, 1849. Whereas in divers Acta authorizing the construction of Railroads in this Province, a provision has been inserted, that such Railroads should be subject to the provision of any general Act r^^^ating to Railroads which might be passed by the Provincial Parliament, and it is expedient to make cer- tain general provisions with regard to such Railroads : Be it therefore enacted by the Queen's Most E.xcellent Majesty, by and with the advice and con? 3nt of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the autho- rity of an Act passed in the Parliament of the United King- dom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Oovernment of Canada, and it is hereby enacted by the autho- rity of the same, That for and notwithstanding anything in any Act authorizing the construction of any Railroad or Railway in this Province, or in any Act amending any such Act, each and every Company incorporated for the purpose of construct- ing any Railroad or Railway, and in whose Act of Incorpora- tion, or in any Act amending the same, a provision to the effect of that raentio.ned in the preamble to this Act is insert- ed, shall at all times, when thereunto required by Her Ma- jesty's Deputy Post-Master General, the Commander of the Forces, or any person having the Command or Superinten- dence of any Police Force, and with the whole resources of the Company if necessary, orry Her Majesty's Mail, Her Majesty's Naval or Military Forces or Militia, and all Artil- lery, Ammunition or other Stores for their use, and all Policemen, Constables, and others travelling on Her Majesty's Service, on their Railroad or Railway ; and shall, on being thereunto required as aforesaid, place any Electric Telegraph erected by them or belonging to them at the disposal of Her Majesty's Government, or of any such Officer as afore- said ; and all such services shall be performed on such terms Preamble. EveryR»ll- way Com- pany in whoie Act of Incerpora- tlon there is a proviiioD inserted that the Railway chall be sub- ject to any general law, shall be bound on be- ing there un- to required to render certain ser- vices to the government in convey- ance of the Troops, Mails, Police Feces, Ac. As to Elec- tric Tele- f;raphs be- onging to such Com- pany. OonilllloDi of (uch ter- Tlc«« hoir rtgut«t«<). C«rt«ln Id- ondtient provKJoiia In •uch Avti rcpealtd. By-Uwi of •uch Com- pany Impot- inRTolU, or mlAfcting othtr* than mcmbcri not to IM! valid until •iinc- tioneil by the Ofiver- nor in Couu- and conditions, and under such regulations as the Company and the Deputy Post-Master General, the Commander ol'the Forces, or the person in Command of any Police Force, res- pectively shall agree upon, or if they cannot agree, then upon such terms and conditions and under such regulations as the Governor, or person administering the Government, shall in Council make ; and so much of any such Act as aforesaid as provides that such Company shall not, in performing any of the services aforesaid, be required to start any Train or Steamboat at any other time than their ordinary time of starting the same, shall be and is hereby repealed. II. And be it enacted. That for and notwithstanding any thing to the contrary in the Act incorporating any such Com- pany as aforesaid, or in any Act amending such Act, no By- law of such Company, by which any Tolls shall be imposed or altered, or by which any party other than the Member«», Servants and Officers of the Company are intended to uo bound, shall have any force or effect until the same shall have been approved and sanctioned by the Governor in Council. 12th Victoria Chap. 29. AN ACT To provide fiyr (^ordinf/ the Guarantee of the Proinnce to tkt Bonds of Railway Companiet on certain rotidi/ions, and for renderimj assistance in the construction, in the Halifax and Qut'bec Railway. [Passko 30th May, 1849. WuKKKA» at th(^ present day, tho uioans of rapid and easy communication by Railway, between the ihief centres of jMjpulation and trade In any country and the more remote parts thereof, are "ocome m>f merely advantageous, but esHential to its a<1< uicement and prosperity; And whereas experienee has shown, that whatever bo the case in long set- tled, populous and wealthy countries, iu those which are now and thinly peopled and iu whicii ciipital is scarce, tho assist- ance of Government is necessary, and may be safely afforded to the construction of lines of Railway of considerable extent ; and that such assistance \h best given by extending to Companies engaged in constructing Railways of a certain length, under Charter from, and consequently with the approval of the Legislature, the benefit of the guarantee ol' the Governmont, under proper conditions and restrictions, for loans raised by 8uch Companies to enable them to complete their work : Be it therefore enacted by the Queen'fi Most Excellent Majesty, by and with the advice und consent of the Legislative Council aod of the Legislative Assembly of the Province of Canada, ooDstituted and assembled by virtue of and under the author- ity of an Act passed in the Parliament of the United King- dom 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 hereby enacted by the authority of the same. That it shall be lawful for the Gover- nor i)i Council, on behalf of this Province, to guarantee the interest on loans to be raised by any Company chartered by the LegivSlature of this Province, for tlie construction of a Line of Hfi^naj not less than seventy -five miles in extent, .within this Province, on condition, — That the rate of interest Preamble. OuarantM of the Pro* vitice may ht grfttited to loins raised by Railway Oompantes on certain couditioiUt 60 lUgrt bjrpo- thee and priTttege in favor of the i'roviDce. Railway Oompanieo receiving guarantep to render half yearly ac- count*, to the In»pect'r Oeneral, at- tea ted on oath. fiinkingfund moniea bow to be Inveit- ad. guaranteed shall not exceed six per cent, per annum, — that the sum on which interest shall be so guaranteed shall not be greater than that expended by the Company before the guarantee is given,and shall be sufficient to complete their road in a fitting manner,and to the satisfaction of the Commissioners oi ?ublic Works, provided always, that no such guarantee be given to any Company until one-half of the entire line of Road shall have been completed, — that the payment of the interest guaranteed by the Province shall be the first charge upon the Tolls and profits of the Company, and that no divi- dend shaH be der the Qaeb«o mbA HalifuBall- iV.'c 3T. -■iL vnfivi Mnnatd «W«r tUa VI. And be U enacted, That any lands to be taken t^der the provisions of the next preceding Section, lor the purposes therein mentioned, shall be deemed to be lands requir 4 for Public Provincial Works, and may be taken by the Goi&inis- sioners of Public Works under the provisions of the Act passed in the ninth year of Her Majesty's Reign, and in- tituled, An Act to amend the Law constituting the Board of Worhs^ and of any Act amending the same. YII. And be it enacted. That any monies which shall be payable on behalf of the Province under any of tl^e provisions of this Act, may be paid out of any unappropriated monies fom^lng part of the Consolidated Revenue Fund ; and that all monies due by any Company as having been paid for them under any guarantee given under this Act, shall be deemed monies due by such Company to Her Majesty, payable ac- cording to the provisions of this Act, and the conditions agreed upon by the Governor in Council and such Company. 11 \ 14th & 15th Viotoeia, Chap. 51. AN ACT To consolidate and regulate the General Clauses relating to Railways. [Passed 30th August, 1851. Whkreas it is expedient to establish a general and uniform system for the construction and management of all Railways hereafter to be undertaken in Canada ; Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Cotmcil and of the Legisla- tive Assembly of the Province of Canada, constituted 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 Provincts of Upper and Lower Canada^ and for the Government of Canada, and it is hereby enacted by the authority of the same. That this Act shall apply to every Railway which shall by any Act which shall hereafter be passed be authorized to be construct- ed, and this Act shall be incorporated with such Act ; and all the clauses and provisions of this Act, save in so flar as they shall be expressly varied or excepted by any such Act, shall apply to the undertaking authorized thereby, so far as the same shall be applicable to such undertaking, and shall, as well as the clauses and provisions of every other Act which shall be incorporated with such Act, form part of such Aet, {Lnd be construed together therewith as forming one Act. II. And be it enacted. That in citing this Act, in any Special Railway Act and in other Acts of Parliament, and in legal instruments, it shall be sufficient to use the expression, •' The Railway Glauses Consolidation Act^ in. And be it enacted, That for the purpose of making any incc "poration of this Act with Special Acts hereafter to be passed, it shall be sufficient in any such Acts to enact, that the Clauses of this Act, with respect to the matter so propos- ed to be incorporated, describing such matter as it is des- cribed in this Act, in the word or words at the head of and in- PrtMbbla. Thin Act to apply to any Railwtj to be hereafter Gonitnwted. Name by which RaU- "Olanee; "Sharehold- er." irpreti tion Act •PPljr. to INCORPORATION. oompaniei VIII. And be it enacted. That every Company established u^ar ipt- under any Special Act, shall be and is hereby declared to be oiared'to'be * ^^If corporate undor such name as shall be declared in bodiei cor- the Special Act, and shall be and is hereby invested with porate,Ae. ^jj ^^ powers, privileges and immunities which are or may be necessary to wry into effect the intentions and objects of lius Act, and of t^ Special Act therefor, and which Are 51 incident to such Oorporatlon, as are expressed or included in the Interpretution Act of tliis Province.* POWERS. IX. And be it enacted, That the (Company shall have Powen: power and authority : Firstly. To receive, hold and take voluntary grants and To reretva donations of land or other property which shall be made to ![^nd,'*c!'; it, to aid in the construction, maintenance and accommoda- ' tion of the Railway, but which shall be held and used for the purpose of such grants or donations only. Secondly, To purchase, hold and take of any Corporation Purchw* or person any land or other property necessary for the con- *'°*" struction, maintenance, accommodation and use of the Railway, and also to alienate, sell or dispose of the same. Thirdly. To take, use, occupy and hold, but not to alienate occupy except by way of lease, so much of the pirblic beach or of »»«»c*»«« i the land covered with waters of any river or lake in this Province as may be required for the Railway, doing no damage to, nor causing any obstruction in the navigation of the said rivers or lakes, provided that the lease shall be con- ditioned not to extend beyond the time during which such beach or land is required for the Railway. Fourthly. To make, carry or place the Railway across or c»mr B»ii- upon the lands of any Corporation or person whomsoever on J[^^, JJPqJ" the line of the Railway, or within the distance from such por»tioii,*c. line as may be stated in the Special Act, although the name of such party be not entered in the Book of Refer- ence hereinafter mentioned through error or any other cause, or although some other party be erroneously men- * By 12 Victoria, Chapter 10, Section 6, it is enacted That Taenty-fovrtMy, Words making any asHociation or number of persons or body politic and cor- porate, shall be construed to vest in sucli Corpurotion, j)ower to sue and be sued, contract and he contracted with, l)y their cori)orate name, to have a common soal, and to eltcr and change tlie satne at their pleasure, and to have perpetual succession and powei- to acquire and hold personal property or moveableB for the purposes for which the cor|)oratiou is constituted, and to alienate the same at pleasure ; and also to vest in any majority of the members of the Corporation, the power to bind the others by their acts ; and also to exempt the individual members of the Corporation from personal liability for it« debts or obligations or acts, provided they do not contravene the provisions of the Act incorporating them ; but it shall not be lawful for any Corporation to carry on the Dusiness of banking, unless, when such power shall be expressly conferred on them by the Act creating such Corporation. (Interpretation Act) "UlTf 58 And acroRi or along itreuu, Ac; Complete Railway *c Brect necei- »ary build- ings, wha*-- 7e», Ac. i tioned as the owner of or entitled to convey, or be intero/ited in such lands Mflhhj. To construct, maintain and work the Railway across, along, or upon any stream of wat« v, water, course, canal, highway, or railway which it shall intersect or touch ; but the stream, water course, highway, canal or railway so intersected or touched, shall be restored by the Company to its former state, or to such state as not to have impaired its usefulness. Sixthly. To make, complete, alter and keep in repair the Railway with one or more sets of rails or tracks to be worked more traeiu'^ ^Y ^^ ^*^''^'*- ''"^^ power of stcain or of the atmosphere, or of ' animalb, or by mechanical power, or by any combinutiou of them. Seventhly. To erect and maintain all necessary and con- venient buildings, stations, depots, wharves and fixtures, from time to time to alter, repair or enlargi- the same, and to pur- chase and ac(]uire stationary or locomotive engines and car- riages, waggons, floats and other machinery, and oontrivanoea necessary tor the accommodation and use of the passengers, freights and business of the Railway. Eighthly. To make branch Railways, if required and pro- vided by the Special Act, and to manage the same, and for that purpose to exercise and possess all the powers, privileges and authorities necessary therefor, in as full and ample a manner as for the Railway. All other Ninthly. To construct, erect and make all other matters th*ng»'necM- *"^ things which shall be necessary and convenient for the saryforRaii- making, extending and using of the Railway, in pursuance of **' ' and ac(iording to the meaning and intent of this Act, and of the Special Act. Tenlhly. To take, transport, carry and convey persons and goods on the Railway, to regulate the time and manner in which the same sha?1 be transported, and the tolls and com- pensation to be paid therefor, and to receive such tolls and compensation. Eleventhly, To borrow from time to time, either in this Province or elsewhere, such sums of money { may be expe- dient for completing, maintaining and working the Railway, and at a rate of interest not excee«Rng eight per cent, per annum, and to make the Bonds, Debentures or other securi- ties granted for the sums so borrowed, payable either in currency or in sterling, and at such place or places within this Province or without as may be deemed advisable, and to Branch Rail wayi; Convey per sons and goods on RaUway; Borrow mo ney, Ac. W) sell the same at .such prices or dis<'ount as may be deemed expedii^nt, or as shall be necessary, and to hypofcheoato, mort- gage or pledgt'. the lands, tolls, revenues, and other property of the Company, for the duo payinent of the said sums and the iiitert'st thtn-eon, but no such debenture shall be for a less sum than Twenty live l^uunds. Twelfthh/. To enter into and ujion any lands of Tier Knter upon Majesty without previous license therefor, or of any Corpor- ty" undi, ation I r person woatsoe\er lying iu the intended route or *°-5 line of the Kaihvay. Thirteoitfhhi. To make surveys, examinations, or other Make «ur necessary ammsjements e appointed by a Judgo of the Superior Courts in Ijower Cajiada or Upper Canada, as the case may be. other ways. Kail- PLAXS AND SURVEYS. X. And lie it enacted, That Plans and Surveys shall be made and corrected as ilillows. Firstly. Surveys and levels shall be taken and made of Provi" on ts- the lands through which the Railways is to pass, together veyVami'io- wi''ia Map or Plan t>ioreof, and of its course and direction, ^®'''- and of the lands intended to be passed over and taken there- for, so far as then ascertained, aud also a Hook of Reference for the Railway, iu wliich sliall Ito scl forth a general des- cription of the said lauds, the names of the owners and occupiers thereof, so fai- as they I'an be ascertained, and every thing necessary for the right understanding of such Map or Omissions how r*,medi- td. VJ Alteration!) from'orlginal surrey. flO. Plan ; ami the Mup or Plnn and Book of Reference shall be examined and certliied by the person perforniing the duties formerly aasignod to the Surveyor General o. his hc.'puties, who shall deposit copies thereof in the OtTu'e of the Clerks of the Peaee in the Districts oi Counties through which the Roil- way shall pass, and also in the < jftioe of the Secretary of the Province, and shah also deliver one copy thereof to the said Company ; and all |»erson8 shall liu\e libert) to resort to such copies, and to make extracts or copies thereof, as occa- sion shall reqiiire, paying to the saiti Secretary (tf tho. Pro- vince, or to the said Clerks of Qir Peace, at tKe rate of Six- pence for every hundred words; and the said triplicates of th»} said Map or Plan and Hook (.>f Reference so certified, or 'rue eo|»)' thereof certified b} the Secietary of thePro\inee and is and are here- Conrt of Law and or by the (Jlerks of the iV-ace, shall be by declared to be good evidence in elsewhere. Secondh). Any omission, misstatemen* >r erroneous des- cription ol'such lands, or of such owners >i occupiers thereof, in any Map or Plan or Book of Reference, may be corrected by two Justices on application made to them, after giving ten dayn' notice to ♦he owners of such lands, ibr the correc- tion thereof, and th'' fustices shall certify the same acx'^ord- ingly if it shall appear to them that raent or erronetjus description arosi Certificate shall st;atv the manner thereof, uch omission, mistate- from ml-'take ; and the the particulars of any such omission and and shall bo deposited with the said Clerks of the Peace of the Distriiits or (bounties respectively ''A which such la 'is shall be situate, and be kept by iliem respectivel}' along with the other documents to which they relate ; and thereupon, such Map or Plan or Book of Refer- ence shall be deemed to be corrected accxirding to such (Certi- ficate ; and it shall be lawful for the Company to make the Railway in accordance with such (-'ertificate. TliinUy. If any alterations from the original Plan or Sur- vey be intended to be made in the line or course of the Rail- way, a Plan and Section in triplicate of such alterations is shall have been approved of by Parliament, on the same scale and containing the same particulars as the original Plan and Survey, shall be deposited in the same manner as the original plan, and copies or extracts of such Plan and Section as shall relate to the several Districts or Counties in or through which such altftrations shall have been authorized to be made, shall 01 be deposited with the Clorks of such several Djstriet.4 and Counties. Fourthli/. Until such original Map or Dan and Book of Reference, or the Plans and Sections of the alteratiittiM, sliall have been deposited ub aforesaid, the execution of the Rail- way, or of the part thereof atfected by the alterations, as the case may l»e, shall not be [)rocecdcd with. Fifthly. The Olerks of the l^eace ihall rec-Hive and retain the copies of the original Plans and Surveys, and copies of the Plans and Sections of alterations, and copies and extracts thereof rccpectively, and shall permit all j^ersons interested to inspect any of the docunuots aforesaid, and to make copies and extracts of and from the same, under a penilty for default of One Pound Currency. Sixthly. The co{)ie8 of thw Maps, "'aus, and Rooks of Keference, or of any alteration <;>r corr'cediug clauses dc substitution, guardians, curators, executors, administrators, and uU otker trustees whatsoever not only for and on behalf of themselves, their heirs and successors, but also for and on behalf those wdiom they represent, whether iii'ants, issui" unborn, lunatics, idiots, femes-covert, or other persons, who are or shall be seized, possessed of or interested in any lands, may contract for, sell and convey unto the (.'orapany all or any part thereof ; and any contract, agreement, sale, conveyance and assurance so to be mude, shall be valid and etlectual in law to all intents and purposes whatsoexer ; any law, statute, uisage or custom to the contrary th* reof in anywise notwithstanding, and such Corporation or person, f^o conveying as aforesaid, is hereby indemnified for what he oi- it shall respectively do by virtue of or in pursuance of this Act. Secondly. Provided, that any contract or agreement made by any })arty authorized by this Act to convey lands, and made before the deposite of th(( Map or Plan and H(K)k of Reference, and before the setting out and ascertaining of the lands required for the Railway, shad be binding at the price agreed upon for the same lands, if they shall be afterwards so set out and ascertained within one year from the date of the cxjntract or agreement, and although such land maj^, in the meaij time, have become the property of a third nr.rty ; and possession of the land may be taken and the agreement and price naay be dealt with, as if such price had been fixed 63 by Ml n, war<] of ArbitnitorB m horcinaft«»r provided, and the ttgrcciiuuit sliiill 1(0 in flu' fliu;*' of an award. ThiriUii. All Corporations or pcrsouH who cannot in corn- f"n'0"ti'nj men course ot law soil or aljonutci any lands so »f>t out and leii, m»y ascertained, .shall agrt'«' ii[)on a fixed annual ront asane<|uiva- «xfd*rent"' lent, and nut uj)on a juincipal Muni, to he j)aid for the lands; and if the ainoinit of the rent shall not l»e fixed hy voluntary aureenient or eomjiromise, it ^hall he fixed in the man- ner herein pn H-rihed, ami all prxceedinps ^hall ii. lliat ease be reg\ilated as herein preserilied ; and ftjr the payment of the saiil annual rent, and every other annual ront agreed upon or asecrtained, and ti» be paid for tbe |>urehas(> of any hinds, or t'ot' jiny part of the purchase nion<\'\ of any lands, which the vendor sliall ayreo to leave unpaid, the Kail-way and the tolls thei'eou shall bo and are herehy made liable and chargeal'le in preferenoo to all other claims and denuinds thereon whatsoever, the Deed creating such charge and lia- bility being duly registered in the Registry Ofiice of the proper County. Fourthly. Whenever there shall be more than one party eiorii»ar' proprietor of any land as joint tenant or tenants in common, *^*"*- or par in>ilv!it, any contract or agreement nmde in good faith with any party or jiarties j>ro|iriethe renuiining proprietor or pro- prietors as joint tenants or tenants in common and par indivis ; and the proprietor or proprietors who have so agreed, may deliver }>ossession of such land, or empower the entry upon the same, as the case may be. Fifthly. Aft(»r one month from the deposit of the Map or ^Q„Ji,°""„p. Plan and IJook of llefereu("> as aforesaid, and from notice tice of depo- thereof in at least one news{)aper, if there bo any, published 4c.''appiica- in each of the Districts and Counties through which the Rail- "on to the way is intendinl to pass, applieatioti may be made to OMmers of lands or to parties empowered to convey lands, or interested in lands whicli may sulfer damage from the taking of materials or the exercise of any of the powers granted for the Rail-way, and theri'upon, agreements and contracts may be made with the said parties touching the said lands or the compensation to b 3 paid for the same, or for the damages, or as to the mode in which the said compensation shall be ascer- tained, as shall seem expedient to both parties, and in case of difii^^reement between them, or any of them, then all ques- .1 owner of tne land*. 04 Sopoiit to be geoeral no- tice. Notice to op- poiite party, Sic. If the party b« absent er unknown. Party noi accepting the Compa* ny'i olTer, and not ap- pointing an arbitrator. tions which shall arise between them, shall be settled as fol- lows, that is to say : SixtJily. The deposit of a Map or Plan, and Book of Refer- ence, and the notice of such deposit, given as aforesaid, shall be deemed a general notice to all sucm parties as aforesaid of the lands which will be required for the said Rail-way and works. . '^ Seventhly. The notice served upon the party shall contain a description of the lands to be taken, or of the powers intended to be exercised with regard to any lands, describing them ; r* declaration of readiness to pay some certain sum or rent, as the case may be, as (Compensation for such lands or for such damages, and the name of a person to be appointed as the Arbitrator of the Company, if their offer be not ao/- cepted : and such notice shall be accompanied by the Certifi- cate of a Sworn Surveyor for Upper Canada or Lower Canada, as the case may be, disinterested in the matter, and not being the Arbitrator named in the notice, that the land, if the notice relate to the taking of land, shown on the said Map or Plan and, is required for the Rail-way, or is within the limits of deviation hereby allowed ; that he knows the land, or the amount of damage likely to arise from the exercise of the powers ; and that the sum so offered, is, in his opinion, a fair compensation for the land, and for the damages as aforesaid. Eighthly. If the opposite party be absent fr^m the Dis- trict or County in w):ich the lands lie, or be known, then upon application to a Judge of the District, County or Circuit Court, as the case may be, aox>ompanied by such Certificate as aforesaid, and by an affidavit of some officer of the Com- pany that the opposite party is so absent or that after diligent enquiry, the party on whom the notice ought to be served cannot be ascertained, the Judge shall order a notice as afore- said, but without a Certificate, to be inserted three times in the course of one calender month in some newspaper published in the said District or County. Ninthly. If within ten days after the service of such notice, (»r vfithin one month afler the first publication thereof as aforesaid, the opposite party shall not notify to the Company his acceptance of the sum offered by them, or notify to them the name of a person whom he appoints as Arbitrator, then the Judge shall, on the application of the Company, appoint a Sworn Surveyor for Upper or Lower Canada, as the case vrr~ 66 may be, to be sole Arbitrator for determining the compensa- tion to be paid as aforesaid. Tenthly. If the opposite party shall, within the time afore- said, notify to the Company the name of his Arbitrator, tlien the two Arbitrators shall jointly appoint a third, or if thoy cannot agree upon a third, then the Judge shall, on the appli- cation of-the party or of the Company, (previous notice of at least one clear 'day having been given to the other party) appoint a third Arbitrator. Eleventhly. The Arbitrators, or any two of them, or the sole Arbitrator, being sworn before some Justice of the Peace for the District or County in which the lands lie as aforesaid, faithfully and impartially to perform the duties of their office, shall proceed to ascertain the said compensation in such way as they or he, or r. majority of them, shall deem best, and the award of such Arbitrators, or any two of them, or of the sole Arbitrator, shall be final and conclusive ; Provided that no such award shall be made, or any official act be done by such majority, except at a meeting held at a time and place of which the other Arbitrator shall have at least one clear day's notice, or to which some meeting at which the third Ar- bitrator was present, shall have been adjourned ; and no notice to either of the parties shall be necessary, but they shall be held sufficiently notified through the Arbitrator they shall have appointed, or whose appointment they shall have required. Twelfthly, Provided, that if in any case where three Arbi- trators shall have been appointed, the sum awarded be not greater than that offered, the costs of the Arbitration shall be bomo by the opposite party, and deducted from the compen- sation, but if otherwise, they shall be borne by the Company, and in either case they may, if not agreed upon, be taxed by the Judge aforesaid. Thirteenthly. The Arbitrators, or a majority of them, or the sole Arbitrator, may examine on oath or solemn affirma- tion, the parties, or such witnesses as shall voluntarily appear before him or them, and may administer such oath or affir- mation ; and any wilfully false statement made by any wit- ness, under such oath or affirmation, shall be deemed wilful and corrupt perjury, and punishable accordingly. Fourttentldy. The Judge by whom any third Arbitrator or sole Arbitrator shall be appointed, shall »',t the same time, fix a day on or before which the award shall be made, and if the same be not made on or before such day, or some other day Appolntm'nt ot arbitra- tors by op- posite party. Tliird arbi- trator. DutieA of ar- bitrators. fc ProTiso. Coats h«w paid. Arbitrator^ may exam- ine on oath. Time within which award must be made 60 Arbltrfttor dying, Ac. Company may desUt, iwyingcoata, Arbitrators dUqnalifled for certain oircomi tan- to which the time for making it shall have been prolonged, either by the consent of the parties or by the order of the Judge (as it may be for reasonable cause shewn, on the applica- tion of such sole Arbitrator «r of one of the Arbitrators alter one clear day's notice to the others,) then, the sum offered by the Company as aforesaid, shall be the compensation to be paid by them. Fifteenthly. If the Arbitrator appointed by such Judge, or if any Arbitrator appointed by the parties, shall die before the award be made, or be disqualified, or refuse or fail to act within a reasonable time, then, upon the application of either party, such Judge being satisfied by affidavit, or other- wise ot such disqualification, refusal or failure, may, in his discretion, appoint another Arbitrator in the place of him by the Judge previously appointed, and the Company and party may each appoint an Arbitrator in the place of their Arbi- trator deceased or otherwise not acting as aforesaid, but no recommencement or repetition of prior proceedings shall be required in any case. Sixteenthly. Any such notice for lands, as aforesaid, may be de* \or or wilfully i .'tH' ; any horse or •>'! ■ the fences and and until such fences and cattle guards shall be duly made, the Company shall be liable for all damages which shall be done by their trains or engines to cattle, horses, or othoir animals on the Railway ; and after the fences or guards shall be duly m"^e, and - hil. they are duly maintained, no such ibrony such damages unless negligently id if any person shall ride, lead or drive iimal upon such Railway, and within ',*ra9, *'.er than the farm crossings, without the consent of the Comp.i.i , he shall for every such ottence forfeit a sum not exceeding Ton Pounds, and shall also pay all damages which shall be sustained thereby to the party aggrieved ; and no person other than those connected with, or employed by the Railway, shall walk along the track thereof, except where the same shall be laid across or along a I Highway. M^ratfng°'^ Secotidhj. Within six months after any lands shall be taken of lands for for tho use of the Railway, and if thereunto required by the ftom^neigh- proprietors of the adjoining lands respectively, but not other- S^di"* wise, the lands shall be, by the Company, divided and sepa- rated and kept constantly divided and separated from the lands or grounds adjoining thereto, with a sufficient post or rail, hedge, ditch, bank or other fence sufficient to keep off hogs, sheep and cattle, to be set and made on the lands so taken, and which the Company shall, at their own costs and charges, from time to time, maintain, support, and keep in sufficient repair. TOLLS. Tolls to be fixed by By- laws. XIV. And be it enacted. That Tolls shall be established as follows : Firstly. Tolls shall be, from time to time, fixed and regulated by the By laws of the Company, or by the Directors if thereunto authorized by the By-laws, or by the Share- holders at any general meeting, and shall and may be demanded and received for all passengers and goods trans- ported upon the Railway or in the Steam Vesselsjto the undertaking belonging, and which shall be paid to such persons and at such places near to the Railway, in such manner and under such regulations as the By-laws shall di- rect; and in case of denial or neglect of payment of any such Tolls, or any part thereof, on demand, to such persons, the same may be sued for and recovered in any competent Court, » 1 I or the agents or servants of the Company may, and they are hereby empowered to seize the goods for or in respect whereof such tolls ought to be paid, and detain the same until payment thereof; and in the meantime the said goods shall be at the risk of the owners thereof; and if the said tolls shall not be paid within six weeks, the Company shall thereafter have power to sell the whole or any part of such goods, and out of the money arising from such sales to retain the tolls payable as aforesaid, and all charges and expenses of such detention and sale ; rendering the surplus, if any, of the money realized from such sale, or of such of the goods as may ^'^main unsold, to the person entitled thereto ; and if any go- n .'ill remain in the possession of the Company unclaimed *cr t! space of twelve months, the Company shah theieaft anc i giving public notice thereof by advertisement fo - 4a weeks in the Canada Gazette, and in such other papers as +1 y may deem necessary, have power to sell such goodi) b;y j'll lie auction at a time and place to be mentioned iii 'ch ac /ertisement, and out of the proceeds thereof to pa) ^.i Ji tolls and all reasonable charges for storing, advertising and selling such goods ; and any balance of such proceeds shall be kept by the Company for a further period of three months, to be paid over to any party entitled thereto ; and in default of such balance being claimed before the expiration of the period last aforesaid, the same shall be paid over to the Receiver General, to be applied to the General purposes of the Province, until such time as the same shall be claimed by the party entitled thereto ; and all or any of the said tolls may, by any By-law, be lowered and reduced, and again raised as often as it shall be deemed necessary for the interests of the undertaking : Provided that the same tolls shall be payable at the same time and under the same circumstances upon all goods and persons, so that no undue advantage, privilege or monopoly may be afforded to any person or class of persons by any By-laws relating to the tolls. Secondly. In all cases, a fraction in the distance over which ^ fraction of goods or passengers shall be transported on the Rail-way » n»n« to »» shall be considered as a whole mile ; and for a fraction of ag°*a wh«i» a ton in the weight of any goods, a proportion of the toll shall ""5 'toui***' be demanded and taken, according to the number of quar- ters of a ton contained therein, and a fraction of a quarter of a ton shall be deemed and considered as a whole quarter of a ton. PrOTiao. ^«aiti,sjMr"«y«tt"acMi ;■;•-?•«• u to*bi°ttSl)k Thirdly. The Directors shall, from time to time, print op In Mn, and stick up, or cause to he printed and stuck up, in the Oilice, and in all and every of the places where the tolls are to be collected, and in every passenger car, in some con- dpicuouu place there, a prmted board or paper exhibiting all the tolls payable, and particularising the price or sum of money to be charged or taken for the carriage of any matter or thing. I\mrthly. No tolls shall be levied or taken until approved of by the Governor in Council, nor until after two weekly publications in the Canada Gazette of tiie By-law establish- ing such tolls, and of the Order in Council approving thereof. Fiftkly. Every By-law fixing and regulating tolls shall be subject to revision by the Governor in Council from time to time, after approval thereof as aforesaid ; and after an Order in Council, reducing the tolls fixed and regulated by any By- law, shall have been twice published in the Canada Gazette, the tolls mentioned in such Order in Council, shall be substi- tuted for those mentioned in such By-law so long as such Order in Council remains unrevoked. GENERAL MEETINGS. Bharehold- en may hold gertral mMtinfi. XV. And be it enacted. That the Shareholders shall always have power to assemble together at general meetings for the purposes connected with or belonging to the under- taking, and at any annual general meeting, and elect Directors in the manner provided by the next succeeding clause. Board of Di- reoton. DIRECTORS— THEIR ELECTION AND DUTIES. XVI. And be it enacted, That — Firstly. A Board of Directors of the undertaking to manage its affairs, the number whereof shall be stated in the Special Act, shall be chosen annually by a majority of the Share- holders voting at such election, at a general meeting, the time and place for which shall be appointed by the Special Act, and if such election shall not be held on the dl^y so appointed, it shall be the duty of the Directors to notify And cause such election to be held within thirty days after the day so ap- pointed ; and on the day so notified, no person shall be admitted to vote except those who would have been entitled to vote had the election been held on the day when it ought 1 1 76 to have been held ; and vacancies in the Board of Directors shall be filled in such manner as may be prescribed by the By-laws ; and no person shall be a Director unless he be a Stockholder, owning stock absolutely in his own right and qualified to vote for Directors, at the election at which he shall be chosen. Secondly. The method of calling general meetings, and Cauini vt the time and place of the first meeting of Stockholders for Sgi, «o.** the appointment of Directors, shall be determined .\nd set- tled in the Special Act. Thirdly. The number of votes to which each Shareholder ;o4«i to b« shall be entitled on every occasion when the votes of the 1^5^^'**'**'" members are to be given, shall be in the proportion to the number of shares held by him, unless otherwise provided by the Special Act ; and all Shareholders, whether resident in this Province or elsewhere, may vote by proxy, if they shall see fit : Provided that such proxy do produce from his con- stituent an appointment in writing, in the words or to the effect following, that is to say ; "I, ,of " , one of the Shareholders, of the " , do hereby appoint , of ♦' , to be my proxy, and in my absence to " vote or give my assent to any business, matter or thing " relative to the said undertaking, that shall be mentioned " or proposed at any meeting of the Shareholders of the " said Company, or any of them, in such manner as he, the " said , shall think proper. In wit- " ness whereof, I have hereunto set my hand and seal, the " day , in the ♦' year ." Fourthly. The votes by proxy shall be as valid as if the principals had voted in person ; and every matter or thing proposed or considered in any public meeting of the Share- holders shall be determined by the majority of votes and proxies then present and given as aforesaid, and all decisions and acts of any such majority shall bind the Company, and be deemed the decisions and acts of the Company. Fifthly. The Directors first appointed, or those appointed T«rmi of of- in their stead, in case of vacancy, shall remain in office until foM."'^''*'" the next annual election of Directors at the time appointed therefor, at which time an annual general meeting of the Shareholders shall be held to choose Directors for the ensu- ing year, and generally to transact the business, of the Com- Votet by proxy. ^■r*v ^im " ** * . ■* f« 9nMnt, "m^fim- Qnenunof Dirteton. ProTtoo. OflMnof Oompmy oMinot be Dinoton. By-Uwi for aMnAgemr't of itook, Ac. C»Ui. pany *. Provided always, that the said Directon, In case of the death, absence or resignation of any of them, may appoint others in their stead ; but if such appo given of eadi call, utid thut no call exceed the i)resld by him to the persons and at the tinier and plaoe.s from time to time appointed by the Company or the Directors. Kluvcnthhj, If l)efore or on the day appointed for payment, interMtto any Shareholder do not pay the amount of any call, he sla'l onunpl'd* bo liable to pay inlen'st for tlie same, at the rate of six per ««"• centum per annum, from the day appointed for the payment thereof to the time of the actual paynicnt. TwdfthJy. If at the time appointed for the payment of Amount or any call, any Shareholder shall fail to pay tlie amount of the recoT^*/dby call, he may be sued for the same, in any Court of Law or •""• Equity having i-omfn'tent jurisdiction, and the same may be recovered with lawful interest from the day on which such call was payable. Cerlftin for- Thirtoenthiij. In any action or suit to recover any money maiiueii not due upon any call, it shall not bo necessary to set forth the necesiary m special matter, but it shall i)e sufficient to declare that the c»iu. Defendant is the holder of one share or more, stating the number of shares, and is indebted in the sum of money to which the calls in arrcar shall amount, in respect of one call or more upon one share or more, stating the number and amount of each of such c-alls, whereby an action hath accrued to the said Company by virtue of the Special Act. Fourtemthly, The Certificate of Proprietorship of any share CertWcateof shall be admitted in all Courts as prima facie evidence of the awppHwa i. .tie of any Shareholder, his executors, administrators, sue- •^''■** «'*- OMsors or assigns, to the share therein specified ; nevertheless, the want of such Certificate shall not prevent the holder of any tihare from disposing thereof. Flfteenthhj. Any persons neglecting or refusing t^' pay i ^ enaity for rateable share _^of the calls as aforesaid, for the npace of pky c1;,J* two calendar months atler the time appointed for '/he pay- ment thereof, sh'all forfeit their respective sharos in the undertaking, and all the profit and benefit thereof; all I '■ 78 Forfeiture of •bare not to be takeu ad> vantage of, onlesi de- clared at ge- neral meet- ing. Dlreotora may sell for- feited (hareH by auction. Certificate of Treasurer to be evidence of forfeiturt*. Interest to be allowed to Sbareholde'B paying mo- ney in ad- vance on theli shares. which forfeitures shall go to the Company for the benefit thereof. Sixteenthly, Provided that uo advantage shall be be taken of the forfeiture, unless the same shall be declared to be for felted at a General Meeting of the Company, assembled at any time after such forfeiture shall be incurred, and every such forfeiture shall be an indemnification to and for every Shareholder so forfeiting against all actions, suits or prosecu- tions whatever, to be commenced or prosecuted for any breach of I'on tract or other agreement between such Share- holder and the other Shareholders with regard to carrying on the said undertaking. Seventeenth ly. The Directors of the said Company may sell, either by public auction or private sale, and in such liiantier and on such terms as to them shall seem meet, any shares so do< 'lured to be forfeited, and also any shares remain- ing unsubscribed for in the Capital Stock of '<:he Company, or pledge such forfeited or unsubscjibed shares for the payment of loans or advances made or to be made thereon, or of any sums of money borrowed or advanced by v)r to the Company. Eighteenthly. A Certificate of the Treasurer of the Com- pany that the forfeituie of the shares was declared, shall be sufficient evidence of the fact therein stated, and of their purchase by the purc'haser ; and with the receipt of the Trea- surer for the price of such shares, shall constitute a good title to th(i shares, and the Certificate shall be by the said Trea- surer enregistercd in the name and with the place of abode and occupation of the purchasers, and shall be entered in the Books required to be kept by the By-laws, of the Company, and such purchaser shall thereupon be deemed to be the holder of such shares, and shall not be bound to >oe to the application of the purchase money, nor shall his title to such shares be aflected by any irregularity in the proceedings in reference to such sale, and any Shareholder may purchase any shares so BOki. Ninteenthly, Sh^j.reholders willing to advance the amount of their shares, or any part of the money due upon the re- spective shares beyond the sum* actually called for, may pay the same, and upon the principal moneys so paid in advance, or so much thereof as from time to tim^ shall exceed the amount of the calls then made upon the shares in respect of which such advance shall be made, the Company may pay interest at the legal r.ite of interest for the time being, aa 79 the Shareholders paying such sum in advance and tho said Campany may agree upon : Provided, such interest shall not be paid out of the Capital subscribed. Twentiethly. The Directors shall and they are hereby re- quired to cause a true, exact and particular account to be kept and annu::,lly made up and balanced on the thirty-first day of December, in each year, of the money collected and received by the Company, or by the Directors or Managers thereof, or otherwise, for the use of the Company, and of the charges and expenses attending the erecting, making, sup- porting, maintaining and carrying on of the undertaking, and of all other i.^ceipts and expenditures of the Company or the Directors, and at the general meetings of the Shareholders of the undertakuig, to be from time to time holdon as aforesaid, a dividend shfi'^ be made out of the clear profits (tf the said undertaking, unless such meeting shall declare otherwise ; and su'^h dividend shall be at and after the race of so much per share upon the several shares held by the Shareholders in the stock of the Company, as such meeting shall think fit to appoint or determine : Provided always, that no dividend shall be made whereby the Capital of thti said Company shall be in any degree reduced or impaired, or be paid thereout, nor shall any dividend be paid in respect of any share after a day appointed for payment of any call for HiOney in respect thereof until sucii call shall have been paid. Twenty -firstly. ITie Directors of the Company may, in their discretion, until the Railroad shall be completed r^nd opened to the public, pay interest at any rate not exceedin i Six Pounds per centum per annum, on all siims called up in respect of tho shares;!, from the respective days on which the same shall be paid,^ such interest to accrue and be paid at such times and places as the Directors shall appoint for that purpose: Provided always, than no interest shall accrue to the proprietors of any share \ipon which any call shall be in arrear in respect of such shares or any other share to be holden by the same Sliareholder during the period which such call shall remain unpaid, nor shall any interest, he paid or taken from the Capital subscribed or any part thereof. Twenty -secondhj. The Directors shall trom t!^ne to time appoint such and so many Officers as they nuiy deem re- quisite, and take from them such sufficient security by one or more Bond or Bonds, in a sufficient penalty or penalties, JIT Otherwise, from the Manager and Officers for the time nirectors to cauae annual account! to be kept. l*roviio. Directors may lav in tfrest sums ( ailed up in respeot of abares. ProTlio. Dirflctori may appoint officers, ft-^^' 80 being, for the safe keeping and accounting of the moneys to be raised by virtue of this Act and the Special Act, and for the faithful execution by them of their offices respectively, as the Directors thall think proper. vice-Preti- Tweniy-thirdly . In case of the absence or illness of the fn'tU^ab* President, the Vice-President shall have all the rights and y"**^ o' ti»e powers of the President, and shall be competent to sign all Notes, Bills, Debentures, and other Instruments, and to per- form all acts which by the Regulations and By-laws of the Company or by the Acts incorporating the Company are re- quired to be signed, performed and done by the President ; and the Directors may at any meeting require the Secretary to tnter such absence or illness among the proceedings of such meeting, and a Certificate thereof signed by the Secretary shall be delivered to any person or persons requiring the same on payment fo the Treasurer of Five Shillings, and such Cer- tificate shall be taken and considered ^^ prima facie evidence of such absence or illness, at and during the period in the said Certificate mentioned, in all proceedings in Courts of Justice or otherwise. Twcnty-fourthly. All notices of meetings or of calls upon the Shareholders of the Company shall be published weekly in the Canada Gazette, and the said Gazette shall, on pro- duction thereof, be conclusiue evidence of the auflBciency of the said notices. Notices ',0 be Subli«b«.d in anada Ga- Mtt«. SHARES AND THEIR TRANSFER. Chareholde*! may dispwM of «barei. formof «al«. XVII. And be it enacted, That — Firstly. Shares in the undertaking may be, by the parties, sold and disjiosed of by instrument in writing, to be made in duplicate in the form following, one part of which shall be delivered to the directors to be filed and kept for the use of the said Company, and an entry thereof shall be made in a Book to be kept for that purpose; but no interest on the shares ti'ansferred shall be paid by the purchaser until said duplicAte shall be so delivered, filed and entered. Secondly. Sales shall bo in the form following, carrying the naraes and descriptions of the contracting parties, as the case may require -. " 1, A B, in consideration of the ajim of " , paid to mo by C. D, hereby do sell and transfer " to him share {or shares) of the " stock of the , to hold to 81 "him the said C, D. his Heirs, Executors Administrators " and Assigns, subject to the same rules and orders, and on "the same conditions that I held the same immediately '* before the execution thereof. And I, the said C. D. do " hereby agree to accept of the said " share (or shares) subject to the same rules, orders and con- " conditions. Witness our hands " this day of " in the year of ." Thirdly, The Stock of the Company shall be deemed per- sonal estate, but no shares shall be transferable until all pi'e- vious calls thereon shall have been fully paid in, or the said shares shall have been declared forfeited for the non-payment of o^lls thereon, and no transfer of less than a whole share shall be valid. Fourthly, If any share in the Company shall be transmitted by the death, bankruptcy or last will, donation or testament, or by the intestacy of any Shareholder, or by any lawful means other than the trfiusfer hereinbefore mentioned, the party to whom such share shal I be so transmitted, shall de- posit in the othce of the Company a statement in writing, signed by him, declaring the manner of su(>h transmission, together with a duly certified copy or probate of such will, donation or testament, or sulRoient extracts therefrom, and such other documents or proof as may be necessary, and with- out which such party shall not be entitled to receive any share of the profits of the Companj^ nor vote in respect of any such share as the holder thereof. MUNICIPALITIES. XVm. And be it enacted, That— Firstly. Municipal Corporations in this Province may sub- Municipal scribe for any number of shares in the Capital Stock of, or may'take^'"* lend to or guarantee the payment of any sum of money bor- 'tock. rowed by the Company trorn any Corporation or person, or indorse or guarantee the payment of any Debenttire to be issued by the Company for the money by them borrowed, and shall have power to assess and levy from time to time upon the whole rateable property of the Municipality a sufficient stim for the'm to discharge the debt or en- gagement so contracted, and for the like purpose to issue Debentures payable at such times and for such sum res- pectively, not less than Five Pounds currency, and bearing ■:.! five Thousand Pounds or upwards, shall be and confir.ue to bd ex officio one of the Di- rectors of the Company, in addition to the number of Direc- tors authorized hy the Special Act, and shall have the same rights, powers, and duties, as any of the Directors of the Company. SHAREHOLDERS. Sharehold'rt XIX, And be it enacted. That — Firstly. Each Shareholder .shall be individually liable to radi'irtdualiy the creditors of the Company to an amount t qual to the "•*"' amount vmpaid on the Stock held by him, for the debts and iabilities thereof, and until the whole amount of his Stock shall have been paid up ; but shall not be liable to any action therefor before un execution against the Company.shall have bei n returned unsatisfied in whole or in part, and the B3 amount dna on such execution shall be the amount racoverahJe with costs, against such Shareholders. Second/;^. The original Capital Stock may be increased stock may from time to time to any amount, but such increase must ^'^ increased be sanctioned by a vote in person or by proxy, of at least two-thirds in amount of all the Shareholders, at a meeting of them expressly called by the Directors for that purpose, by a notice in writing to each Shareholder, served on him personally, or properly directed to him, and deposited in the Post Office nearest to his place of residence, at least twenty days previous to such meeting, slating the time and place and object of the meeting, and the amount of increase ; and the proceedings of such meeting must be » iitered on the sio. Minutes of the ]>roci'edings, and thereupon, the Capital Stock may be increased to the amount sanctioned by such a vote. Thirdly. ITie ftmdsof the Ccunpany shall not be employed Puudsof • ..II L- a^ \ • \.\ ■ ■ /u Co. net to m the purchase ot any btock \n their own or m any other b.; empioyfd Company. ' 'Xt^'l' ACTIONS FOR 1N.I)EMNITY, AND FINJi:S VND PENALTIES, AND THEIR PROSECUTION. XX. ^ id be it enact (>d. That — Firstly. All suits for in«Jemnity for any damage or injury Limit^ition ? istainedby reason of the Railway, shall he iu'itituted within flrfl^^^^^L. si.x calendar months next after the time of such supposed damage sustained, or if there shall l:)e vontinuation of dam- age, then within six calendar months next after <^he doiiiii or committing such damage shall cease, and not aft vards; and the Defendants nuiy plead the general issue ai ve thid Act and the Special Act, and the .special matter in trial to he had thereupon, and may prove tha done in pursuance of and by authority of tV Special Act. Secondly, All persons by any means or i> ;'ny manner or penalty on wav whatsoever, obstruc^tinff or interruptii . the free use of peison.« ub- the Railway, or the carriages, Acssels, engnus, or other works free uae oi' incidental or relative thereto, or connectetl therewith, shall, '^**"'^*y- for every such oflenc^e, bi.> deemed gnilty of a misdemeanor, and on conviction thereof, shall be punished h\ imprisonment in the common (Jaol of the District or County where the conviction shall take place, or in the ProvinciiJ Penitentiary, for a term not to exceed five years. ■ence at any Mie same was Act and the H 84 Penalty ou pcri ted therewith, or doing any other wilful hurt or mischief, or wilfidly or maliciously obstructing or interrupt- ing the inm use ol" the Kail way, vessels or w^orks, or ob» stnicting, hindering, or pre^enting the carrying on, comple- ting, supporting ant-.rson to be ouuished in like manner as persons guilty of misdemeanor or felony (as the ca.*e may be) are directed \.\> bo punished by the laws in force in this Pi'ovinoc. Fourthly, All tines and fortiutures im])osed by this Actor the J^pecia] Act. or which shall be lawfully imposed by i)}iy By-law the levying and rc<'overiiig of which are not par- ticularly herein directed, shall upon proof of the oflenee before any <.)ne or mure .fusticc or .Justices of the Peace for the District, (Jjunty or place where the act occurred, either b_> the conlession of the parties, or by tlie oath or affirma- tion of anv one credible witnes"?. which oath or allirma- tion such J i:-ticc or Justice^ is or are hereby empowered find required to administer withmit fee ur reward, be levied by distress and aale of ihe olfiendcr's g(,)ods and chattels, by Warrant under the han thereof; and the over})lus of t!/' money so raised, and after deducting the penalty and the expenses of the levying and recovering thereat!, shall be r'^turned to the owner of the goods so distrained and sold , and for want of sutiicient goods and chattels whereof to levy the said penalty and expense, the otlt-nder shall be sent to the common Ga(d for the County or District in which he shall have been convict(Mi, there to remain without bail or mainprize, for such term not exceed- ing one month, as the Justice or Justices shall think ]u-oper, 86 unless the penalty or forfeiture, and all expenses attending the same, shall be sooner paid and satisfied ; but every such person or persons may, within four calendar months after the conviction, appeal against the same to the Court of General Quarter Sessions to be holden in and for the County or District. Fifthly. All contraventions of this Act or of the Special Act, by the Company or by any oth(!r j)arty, for which no punishment or penalty is herein provided, shall be a misde- meanor, and shall be purishable accordingly ; but such pun- ishment shall not e.\em[)t the Company, if they be the offend- ing party, from the forfeiture by this Act and the Special Act, of the privileges conferred on them l)y the said Acts, if by the provisions thereof or by law, tlie same bo forfeited by such contravention. Sixthly. All By-laws, llules and Orders regularly made, shall be put into writing and signed l»y the Chairman or persons presiding at the meeting at which they were adopted, and shall i)e kept in the office of the Company ; and a printed copy of so much of them as may relato to or aftect any party other than the members or servants of the company, shall be affixed Oj^enly in all and every passenger car, and in all and every of the places where tolls are to be gathered, and in like manner so often as any change or alteration shall be made to the same; and any copy of the same, or of any of them, certified as correct by the President or Secretary, shall be deemed authentic, and shall be received as evidence thereof in any Court, without further proof: Provided nevertheless, that all sucli Hy -laws. Rules and Orders shall be submitted from time to time to the Governor Greneral, or person administering the (irovernmcnt of this Province, for approval. Sevcnthlij. That copies of the Minutes of proceedings and resolutions of the Shareholders of the (Company, at any general or special meeting, and of Minutes of proceeding, and • resolutions of the Directors, at their meetings, extracted from the Minute-books kept by the Secretary of the Com])auy, and by him certified to be true copies, extracted from such Minute- books, shall be prima facie evidence of such proceedings and I'csolutious iu all Courts of civil jurisdiction, and all notices given by the Secretary of the Company, by order of the Directors, shall be deemed notices by the said Directors and Company. Contraveu- tioDE of this Act or of Special Act to be mUde- meanors. By-laws to be put into writing and signed by Ohainnan. Proviso. Copies of minutes to be prima facie evl (lence. 4 86 WORKING OF THE RAILWAY. ServftntH to wear badges, Trains to start at pub- lic hours. Chec'kM to bir fixed on par- cels. Baggage cars not to be in rear of passage car?. XXI. And be it enacted, That— Firstly. Every servant of the undertaking (employed in a passenger train or at stations for passengers, shall wear upon his hat or cap a badge, which shall indicate his office, and he shall not without such badge be entitled to demand or receive from any j)as8cngcr any fare or ticket, or to exercise any of the powcrH ^^^ his olfice, nor meddle or interfere with iuiy passenger or his baggage or [)roperty. Secondly. The trains shall start and run al- regular hours to be fixed by public notice, and shall furiiisli sufficient accom- modation for the transportation of all such passengers and goods as shall within a reasonable time previous thereto be offered for transjiortation at the place of starting, and at the junctions of other Hailways and at usual stopping places es- tablished for receiving and discharging way passengers and goods from the trains, and such passengers and goods shall be taken, transported and discharged, at, from, and to sueh places, on the due payment of the toll, freight or fare legally authorized therefor, and the party aggrieved by any neglect or refusal in the premises, shall have an action there- foi- against the Company. Thirdly. Checks shall be affixed by an agent or servant to every parcel of baggage liaving a handle, loop or fixture of any kind thereupon, and a duplicate of such Check shall be given to the passenger delivering the same ; and if such Check be refused on demand, the Company sht*ll pay to such pas- senger, the sum of Two Pounds, to be recovered in a civil action ; and further, no fare or toll shall be collected or received from such passenger, and if he shall have paid his fare, the same shall be refunded by the Conductor in charge of the train ; and any passenger producing such Check, may himself be a witness in any suit brought by him against the Company, to prove the contents and value of his i)aggiige not delivered to him. Fourthly. The baggage, freight, merchandise or lumber cars shall not be placed in rear of the passenger cars, and if any such be so placed, the officer or agent directing or know- ingly suffering such arrangement, and the conductor of the train, shall severally be deemed guilty of a misdemeanor, and be punished accordingly. SI Fifthly. Every locomotive engine shall be furnished with {;Xftirni«h3 a bell, of at least thirty pounds weight, or a steam whistle ; ed wi h beiu and the bell shall be rung, or the whistle sounded at the dis- wh*gut™ tance of at least eighty rods from every place where the Rail- way shall cross any highway, and be kept ringing or be sounded at short intervals, until the engine shall have crossed such highway, under a penalty of Two Pounds for every neglect thereof, to be paid by the Company, who shall also be liable for all damages sustained by any person by reason uf such neglect, one-half of which penalty and damages shall be chargeable to and collected by the Company from the Engineer havinji charge of such engine and neglecting to sound the whist 1. or ring the bell as aforesaid. Sixthhj. Passengers refusing to pay their fare, may, by PngsengeM the conductor of the train and the servants of the Com p^*t^rlmtLy pany, be, with their baggage, put out of the car?, using no be put out. unnecessary force, at any usual stopping place, or near any dwelling house, as the conductor shall elect, first stopping the train. Seventhly. All persons in charge of a locomotive engine, or into^^ig^t^j acting as the conductor of a car or train of cars, who shall be Conductor of intoxicated on the Railway, shall be deemed guilty of a mis- lo^on^o"'** demeanor. Eighthly. Any passenger injured while on the platform of paBsengers a car, or on any baggage, wood or freight car, in violation of *°af^Inn- the printed regulations posted u{> at the time in a conspicuous jured when place, inside of the passenger cars then in the train, shall °f ^farifAc" have no claim for the injury, provided sufficient room inside of such passenger cars, siirfieient for the proper accommoda- tion of the passengers, was furnished at the time. GENERAL PROVISIONS. XXll. And be it enacted, That— Firstly. The Company shall not be bound to see to the Company execution of any trust, whether express, implied or construe- "ee t^°exeou'- tive, to which any of the shares may be subject; and the tionoftrusu receipt of the party in v,hos(> nanie any share shall stand in the Books of the ("onipany, or if it stands in the natne of more parties than one, the receipt of one of the parties named in the Register of Shareholders shall from time to time be a suificient discharge to the Company for any dividend or other sum of money payable in respect of the share, notwithstanding any trust to which the share may 88 Provliioni to th« car- riage of Her Mi^eity's Mail, Ac. Account of names and residence of Stiarehold'rs to be kepf. Map, ftc, of Railway to be filed in the Board of Workfl Of- fice. then be subject, and whether or not the Company have had notice of the trusts, and the Company s'tall not be bound to 8ee to the application of the money paid upon such receipts. Secondly. Her Majesty's Mail, Her Majesty's Naval or Military Forces or Militia, and all artillery, ammunition, provisions or other stores for their use, and all policemen, constables and others travelling on Her Majesty's services shall at all times, when thereunto required by Her Majesty's Provincial Postmaster General, the Commander of the Forces, or any person having the superintendence or com- mand of any Police Force, and with the whole resources of the Company if required, be carried on the Railway, on such terms and conditions, and under such regulations as the Governor in Council shall make ; and the Company may be required by the Governor, or any person thereunto author- ized by him, to place any Electric Telegraph, and the appar- atus and operators they may have, at the exclusive use of the Government, receiving thereafter reasonable compensation for such service; provided that any further enactments which the Legislature of this Province may hereafter make, for the carriage of the Mail ol IJer Majesty's Forces, and other per- sons and .articles as aforesaid, or the, tolls therefor, or in any way respecting the use of any Electric Telegraph or other service to be rendered to the Government, shall not be deemed an infringement of the privileges intended to be conferred by this Act or the Special Act. Thirdljf. A true and perfect places of abode of the several and entered in a Rook to be kept for that purpose, as well as of the several persons who shall from time to time become proprietors of, or entitled to any shares therein, and of all the other acts, proceedings and transac- tions of the said (\)mpany and of the Directors from the time being. Fourthly. A Map and Profile oi the completed Railway, and of the land taken or obtained for the use thereof, shall, within a reasonable time after completion of the undertaking, be made and filed in the office of the Commissioners of Public Works, and also like maps of the parts thereof located in different Counties, shall be filed in the Registry Offices for the Counties in which such parties shall be respectively ; and every such Map shall be drawn on such a scale, and on such papei as may from time to time be d'^signated for that pur- account of the names and Shareholders shall be kept B9 pose by the Chief Commiswioner of Public Works, and shall oe certified and signed by the President or Engineer of such Corporation. Fifthly. An account shall be annually submitted to the Account to three branfjhea of the Legislature, within the first fifteen days toL«|Ui»^ after the opening of each Session of the Provincial Parlia- *''"• ment after the opening of the Railway or any part thereof to the public, containing a detailed and particular account, "'■♦'• " upon oath of the President, or Vice-President in his >sieni;e, of the nioneyis received and expended by the Com- pany, and a classified statement of the passengers and goods transported by them, with an attested copy of the last annual statement ; and no further provisions which th« Legislature may hereafter mako with regard to the form or details of such account, or the mode of attesting or rendering the same, shall be deemed an infrnigement of the privileges hereby granted to the Company. Sixthly. If the construction of the Railway shall not have J*?^*','^*"* been commenced, and ten per cent, on the account of the witwn*'hr«e Capital shall not have been expended thereon, within three p"lJ'ni''oJ*'' years after the passing of the Special Act, or if the Railway speciM Act. shall not be finished and put in operation ii ten years from the passing of such Special Act as aforesaid, its corporate existence and powers shall cease. Seventhly. The Legislature of this Province, may from Parliament time to time reduce the tolls upon the Railways but not with- toUsonRaU- out consent of the Company, or so as to produce less than '^■y*- fifteen per cent, per annum profit on the Capital actually expended in its construction; nor imless, on an examination made by the Commissioners of Public Works of ' e amount received and expended by the Company, the net income from all sources, for the year then last passed, shall have been found to exceed fifteen per cent, upon the Capital so actually expended. Eighthly. No person shall be entitled to carry or to require As to goods the Company to carry upon their Railway, any aquafortis^ ou* nature'' oil of vitriol, gunpowder, lucifer matches, or any other goods, which, in judgment of the Company, may be of a dangerous nature ; and if any person send by the said Railway'any such goods without distinctly marking their nature on the outside of the package containing the same, and otherwise giving notice in writing to the Book-keeper or other Servants of the IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I I la 12.0 1.8 1.25 1.4 III 1-6 •m 6" — ► ■z '>!} ^^^y ^^^ ■% Hiotographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14SS0 (716)872-4S03 S^ S' vl% .^1V% 4i^ ^? ^ i\ \ i;»'^0 ;\ <«N "b"^ M Forging de- btntnreSjAc. 4««m«d n- lonj. Company bound to make and ra- pair fencei, roadaAo., m L.O.,*o. 8p«cial Act to be a Pab< lie Aet Cbaapftny with whom the iam« ar« left at the time of sending tAie said goods, he shall forfeit to the Company t^e sum of Five Pounds currency, for every such offence ; and it shall be lawful for the Company to refuse to take any package or parcel that they may suspect to contain goods of a dangerous nature, or requu'e the same to be opened to ascertain the fact. ^ Ninthly. The offence of forging any Debentures or a Coupon of any Debenture issued under the authority of this Act or the Special Act, or of uttering any such Debenture or Oowpon, 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 accord- ingly. Tentkly. The Company shall make and keep in repair . all fences, roads and water courseii, and be subject to all municipal regulations and provisioni in respect thereof in or for lands belonging to or held by the Company, and subject to any such regulations, or to any charges, public, municipal or local, as the case may be, in any County, Parish or Township in Lower Canada through which the Railway shall pass ; and the said Company may, in default or contravention thereof, be prosecuted therefor by the Officers of the Municipality, before the Commissioners Court or Circuit Court within the Jurisdiction of which such fence, road or water course shall be, and the service of the Summons upon any Clerk or Officer in duurge of the section of the Railway within the said jurisdiction, or at the nearest depot of the Railway, shall be good service upon the Company. EUmnthly. Every Special Railway Act shall be a Public Act. And may Twelftkly. The Legislature may at any time annul or duwwive any dissolve any Corporation. formed under this Act; but such ftoii£>a*un-'' dissolution shall not take away ^ impair any remedy given derdiiaAet. ggninst such Corporation, its Shareholders, Officers or Servants, for any liability which shall have been previously incurred. Sarlnf of Herlusiei- ^■ftiflitf. ThirtetHihly. Nothing herein contained shall effect <»: be oonitrued to efieot, in any manner or way whotsoever, the rights of Her Majesty, Her Heirs and Successors, or of any 91 person or persons, or of any bodies politic, corporate or ccl- legiate, such only excepted as are herein mentioned. Fourteenthly. No amendment or alteration in this Act ini^^,,^^^. shall be held to be an infringement of the rights of any tion. Company authorized to construct a Railway by any Act of this or any future Session with which this Actjs or i hall be incorporated. ;« 16th ViCTORiiE Cap. 169. AN ACT In Addition io the General Railway Clauses Consolidation Act. [Passed 14th June, 1853.] /< €SL, H %. ■p k Ki^u. »r«»iabu. Whereas it is necessary to make provision for the pro- tection of persons and property passing over railways from criminal attempts to injure the same^ and for other purposes connected with Railways in this Province, and to amend the General Railway Clauses Consolidation Act : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kijigdom of Great Britain and Ireland, intituled, An Act to reunite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same. That if any person shall wilfully and maliciously dis- place or remove any Railway switch or rail of any Railroad, or break down, rip up, injure or destroy any Railroad track or Railroad bridge or fence of any Railroad, or any portion thereof, or place any obstruction Avhatsoevei- on any such rail or Railroad track, or bridge, with intent thereby to injure any person or property passing over or along such Railroad, or to endanger human life, every such person so offending, shall be guilty of misdemeanor, and shall be punished by imprisonment with hard labor in the Common Gaol of the Territorial Division in which such offence shall be committed or tried, for any period not exceeding one year from convic- tion tjiereof ; and if in consequence of such act done with the intent aforesaid, any person so passing over and along such Railroad, shall actually suffer any bodily harm, or any property passmg over and along such Railroad shall be injured, such suffering or injury shall be an aggravation Puniahment of pertoDi doing Any thing toIUU way with in- tent to Injure penoni or property. . i/l' / Andifiu' dami e be done. ■^■t^C^ n ^""^^l^^^^ i/t/' 93 of the offence, and shall render such offence a felony, and shall subject the said offender to such punishment by imprisonment in the Provincial Penitentiary for not less than one y^ar nor more than two years, as the circumstances of the case may, in the opinion of the Court before which he shall be convicted, appear to be proportionate to the offence and the mischief occasioned by it. II. And be it enacted, That if any person shall wilfully and maliciously displace or remove any Railway switch or rail of any Railroad, or shall break down, rip up, injure or destroy any Railroad track or Railroad bridge, or fence of any Railroad or any portion thereof, or place any obstruction whatever on any such Rail or Railroad track or bridge, or shall do or cause to be done any Act whatever whereby any engine, machine or structure, or any matter or thing apper- taining thereto shall be stopped, obstructed, impaired, wea- kened, injured, or destroyed, with intent thereby to injure any person or property passing over or along such Railroad, and if in consequence thereof any person be killed or his life be lost, such person so offending shall be deemed guilty of man- slaughter, and being found guilty, shall be punished by im- prisonment in the Provincial Penitentiary for any period not more than ten nor less than four years. III. And be it enacted, That if any person shall wilfully and maliciously do or cause to be done, any act whatever, whereby any building, fence, construction or work of any such Railroad, or any engine, machine or structure of any such Railroad, or any matter, or thing appertaining to the same shall be stopped, obstructed, impaired, weakened, in- jured or destroyed, such person so offending shall be guilty of a misdemeanor, and punished by imprisonment with hard labor, not exceeding one year, in the Common Gaol of the Territorial Division in which such offence shall have been committed or tried. IV. And be it enacted, That notwithstanding anything in the said General Act, or in any Act or Special Act heretofore passed or that hereafter may be passed, incorporating any Railway Company, wherein pi'ovision is made for the deposit of surveys, maps and books of reference, in the offices of the Clerks of the Peace and the Secretary of the Province, or in any other place, and wherein a time is specified in any such Act for such deposit, and where such time has elapsed or the Company may have omitted to make such deposit, iuch Company may extend the period for depositing such And Ifaoy person be killed or hit life be loat, tbe offence to be man- ■langater and punish- able ai such. OommitUng any injury, Rtoppacre, Ac, to be a misdemean- or. Tbe time al- lowed for de- posit of plans, Ac. extended, with power to Commis- sioner of PublicWorks to grant a further ex- tension thereof. 04 i Head! of Ma ' nicipalitiei not to vote at election of private Directors ; unleii, Ac. At to Trains passing Draw-brld- gM. Ground ad- joining any Railway and belonging to the Oom'y to be laid down with grass and cleared of waedi, Ac. surveys, maps and books, absolutely for one year froin the passing of this Act, and all sui'veys, maps and books de- posited within the said year after the passing of this Act, shall be taken to be as valid and effectual to all intents and purposes as if the same had been duly deposited within the time mentioned In any such Act of Incorporation as aforesaiu, and any such omission within such extension, shall not be taken to work any forfeiture of the Charter of any such Company. V. And be it declared and enacted, That notwithstanding any thing in the said G'^neral Railway Clauses Consolidation Act contained, it has not been, nor is, nor shall be lawful foi' the Mayor, Reeve or other Chief Officer, or other person re- presenting any Mnnicipality having or taking Stock in any Railway Company incorporated or to be incorporated in this Province, by any Act of this Session, either directly or indi- rectly to vote on the election or appointment of the private Directors of such Company, unless the Special Act of Incor- poration of such Company shall expressly provide therefor in the said Special Act. VI. And be it enacted. That in all oases where Railroads pass any Draw or Swing Bridge over any navigable River, Canal or Stream which is subject to be opened for the pur- poses of Navigation, the Trains shall in all and every case be stopped at least three minutes, to ascertain from the Bridge Tender that the said Bridge is closed and in perfect order for passing, and in default of so stopping during the full period of three minutes, the said Railroad Company shall be subject to a fine or penalty of One Hundred Pounds. VII. And be it enacted That it shall be the duty of every Railway Company, whether any of the clauses or provisions of the said Act be or be not incorporated with the Act incor- porating such Company, to cause all cleared land or ground adjoining their Railway and belonging to such Company, to be sown or laid down with grass or turf, and to cause the same so far as may be in their power to be covered with grass ^r turf, if not already so covered, and to cause all thistles and other noxious weeds growing on such land or ground, to be cut down and kept constantly cut down or to be rooted out of the same ; and if any Rail- way Company shall fail to comply with the requirements of this Section within twenty days after they have been required to comply with the sam^ by notice from the Mayor, Reeve or Chief Officer of the Municipality of the Township; or County in which such land or ground shall lie, such Company shall thereby incur a penalty of Ten kjhillings to the use of such Municipality for each day during which they shall neglect to do anything which they are lawfully required to do by such notice, and it shall be lawful for the said Mayor, Reeve or Officer, to cause all things to be done which the said Company w«re lawfully required to do by such notice, and for that purpose to enter by himself and his assistants or workmen upon such lands or grounds, and such Munici- pality may recover the expenses and charges incurred in so doing, and the said penalty with costs of suit, in any Court having jurisdiction in civil cases to the amount sought to be recovered. VIII. And for avoiding doubts under the said Act, Be it declared and enacted, That it is not, and shall not be lawful for any Railway Company, to take possession of, use or oc- cupy any lands vested in Her Majesty, without the consent of the Governor in Council ; but that with the consent of the Governor in Council, it is and shall be lawful for any such Railway Company, to take and appropriate for the use of their Railway and works, but not to alienate, so much of the wild lands of the Crown not heretofore granted or sold, lying on the route of the said Railway, as may be necessary for their Railway, as also so much of the land covered with the waters of any Lake, River, Stream or Canal, or of their respective beds, as may be found necessary for making and completing and using their said Railway and works; Pro- vided always. That it shall not be lawful for any such Com- pany to cause any obstruction in or impede the free Naviga- tion of any River, Stream or Canal to or across or along which their Railway may be carried, and if such Railway shall be carried across any navigable River, or Canal, the Company shall leave openings between the abutments or piers of their Bridge or Viaduct over the same, and shall make the same, of such clear height above the surface of the water or shall construct such Draw Bridge or Swing Bridge over the Chaimel of the River, or over tlie whole width of the Canal, and shall be subject to such regulations as to the opening of such Swing Bridge or Draw Bridge as the Go- vernor in Council shall from time to time make, nor is it, nor shall it be lawful for any such Company to construct any Wharf, Bridge, Pier or other work upon or over any naviga- ble River, Lake or Canal, or upon the beach or bed or lands covered with the waters thereof, imtil they shall have first Doubts un- der the Mid Act (14 * 16 vie. c. 61) avoided, at to lands vet- ted 'in Her Majesty. Proviso : conditions on which the Company may carry their Rail- way across any Canal, Rivers, or navigable water. PrOTlM, PrerlM. Any Ballway Company may con- ■tract Branch Rail* wayi , OL certain con- dltloni. Act to apply to aU Rail- wayt. submitted the plan and proposed site of such work to the Governor in Council, ana the same shall have been by him approved ; nor shall any deviation from such approved site and plan be made without his consent : Provided always that nothing contained in this section shall be construed to limit or affect any power expresslv given to any Railway Company by its Special Act of Incorporation or any special Act amending the same : And further provided that nothing herein contained, shall apply to the twenty- second and twenty -third paragraphs of the eleventh Section of the Railway Clauses Consolidation Act. IX. And be it enacted, That any incorporated Railway Company shall be authorized to construct a branch or branches not exceeding six miles in length from any terminus or station of the Railway of such Company, whenever a By- law sanctioning the same shall have been passed by the Municipal Council of the Municipality within the limits of which such proposed l>ranch shall be situate, and any such branch shall not as to the quality and construction of the road be subject to any of the restrictions which may be con- tained the Act of Incorporation of such Company or in the Rail ' lauses Consolidation Act, nor shall anything in either of th *id Acts authorize any Company to take for such br^ ich any lands belopTing to any party, without the consent of such party first - >ti' ^ed. X. And be it enacted. That the provisions of this Act shall from the passing thereof apply to every Railway made or to be made in this Province. 1 INDEX TO RAILWAY CLAUSES CONSOLIDATION ACTS. Sub. ACT— Skc. 8*0. •Applies to every Railway, thereafter authorized to be conetructed 1 Interpretation of Terms used iu 1 Incorporated with Special Acts 1 All itfl clauses applied to Special Acts, except iw expressly varied. . I Forms part of Special Act« 1 How to be cited in Acts and legal instruments 2 Sufficient to describe clauses incorporated with Special Act by the heading of the clauses in General Act 8 Interpretation Act incorporated in certain respects 7 Contraventions of, misdemeanour, and punishable accordingly. ... 20 5 Punishment, not to exempt Company from such forfeiture of privi- leges as by littw provided 20 6 Corporations /()nned under, may bo dissolved, or annulled by the Legislature • 22 12 Nothing in Act to affect rights of Her Majesty or of any person or Corporation, such only excepted, oa therein mentioned 22 13 Alterations, may be made in Act, without infringement of rights of Companies, Incorporated imder Acts of 14 and 15 Victoria, and subsequent Acts 22 14 Railway Protection Act, applies to every Railway made or to be made after its passing, 16 Vic, Cap 169 10 ACCOUNT— Of names and residence of Shareholders to be kept 22 S Annual Account to be submitted to the Legislature, within 16 days of opening of Session 22 6 To be attested 22 8 Classified statement of Passengers to be prepared 22 5 Any alteration of Provisions as to snch, no infringement of Act. . 22 5 ACTIONS- Provisions as to 20 All suits for indemnity, to be instituted within six months after damage sustained 20 1 If damage be continued, within six months after cessation 20 1 General issue may be pleaded SO 1 To lie for neglect or refusal to carry passengers or goods 21 2 For £2, to lie for refusal of check 21 8 May bo instituted by Municipalities to recover expenses inouired by Municipality in clearing lands of Company, 16 Victoria Cap. 169.... 1 ARBITRATORS— To be appointed by Judge, to arrange all differences as to intersec- tions of roads ,. , 16 Judge of County or District, may appoint Arbitrator to estimate value of land 11 9 *Th« references are to Sectiont and Sab-Sections of tae Acts. 99 Sub Sec. Soo. 10 11 11 11 12 12 14 16 17 17 17 18 11 22 ARBTTKATOBH.— Continued. Judge, in osse Arbitrators disagree, may name Umpire H To hb sworn before a Justice of the Peace 1 1 Their award shall be final and conclusive H One day's Notice of Meeting to be given to Arbitrators H If amount awarded be not greater than that tendeied, costs to be deducted from the compensation 1 1 If greater to be paid by the Company U Have power to examine on oath 11 If award not made ou day fixed or prolonged, sum offered to be the compensation 11 How appointed, in lieu of others 11 Not disqualified by reason of professional employment, Ac 11 Objections to be urged before appointment 11 It objection determined to be valid, appointment null 11 Award of, not null for want of form U Chief Officer of Indian Department to appoint Arbitrator as to In- dian Lands BADGES— To be worn by servants of the Company 21 BAGGAGE— Checks to be attached to 21 Contents of lost Baggage may be proved by Passengers 21 BEACH— May be taken by Railroads 9 Extent of that maybe taken 10 BONDS— May be payable in Currency or Sterling, and in this Province or elsewhere tf BOOK OF reference- To be made 10 To contain names of owners and occupiers 10 Errors in names in, not material o To be examined by Surveyor General 10 Copies to be deposited with Clerks of Peace and Secretary of Pro- vince, and Company 10 Triplicates and certified copies, evidence of 10 Ommissious in how, corrected 10 Certificates of ommissions, to be made by Justices of the Peace . . 10 2 Railway to be made in conformity with such certificate 10 2 BRANCH RAILWAYS— May be made, if authorized by Special Act 9 g BRANCHES— Six miles in length may be constructed if sanctioned by a By-Law of Municipality, 16 Vic, Cap. 169 .* 9 Such Branch not subject to restriction as to quality contained in Special or General Act, 16 Vic, Cap., 169 9 Lands necessary for, must be procured with consent of owners, 16 Vic, Cap. 169 9 BRIDGE»- Re^lations as to 12 Height of Arches of Bridges 12 3 Descent under Bridges 12 3 8 3 3 10 11 I 1 4 1 1 1 2 Sab BRIDGES.— (7onftnw«(/. »«c. Hec Ascent of Bridgen 12 4 Fence« to be made on each Hide of, 12 4 Traius to stop three minutes at Drawbridges over navigable waters, 16 Vic, Can. Ift9 6 Openings to be left between Piers of Bridges over navigable waters 16 Vic, Cap. 169 8 To be made over navigable waters, under such reguiationri as Gov ernor in Council may direct, 16 Vic, Cap. 169 8 Plans to be submitted to Governor, 16 Vic, Cap. 169 8 Certain Provisions as to effect of tliis eighth clause, 16 Victoria Cap. 169 8 BY-LAWB— May be made as to Tolls 14 1 Not to create u monopoly as to Tolls 14 1 By-laws regulating Tons, subject to revision by Governor in Council 14 6 To be made for management of property 16 9 To be made for appointment of Officers 16 9 May authorize Directors to regulate Tolls 14 1 Vacancies in Board to be regulated by 16 t Form of Debenture of Municipalities, to be regulated by. ....... 18 2 By-law to be adopted by Electors, before Municipalities can take stock or incur liabilities 18 B iiuch By-law to be four times published la Newspapers, and posted 18 8 Of Company to be put in writing and signed by Chairman 20 6 Printed copy of certain By-laws, to be affixed m carriages 20 6 By-laws to be submitted to Governor for approval 20 6 Evidenceof 20 7 How made 16 10 CALLS— Thirty days' notice of, to be given 16 10 Not to exceed amoimt prescribed by Special Act 16 10 Nor at less interval than two months from previous call 16 10 Nor a greater amount in one year than prescribed by the Special Act 16 10 Interest to accrue on, in case of default 16 11 JMay be sued for 16 12 Special matter not necessary to be set forth in action for 16 18 Sharee may be forfeited on neglect to pay calls, for two months. . 16 16 Notice of, to be published weekly, in Canada Gazette 16 24 CANADA GAZEITE— Sales of unclaimed goods, to be advertised in 14 1 By-laws and Orders of Council, as to tolls, to be advertised in 14 4 Orders In Council reducing Tolls, to be published in 14 6 Notices of calls and meetmgs, to be published weekly in 16 24 Such Gazette evidence of notice - 16 24 CERTIFICATE— Of Surveyor, to accompany notice as to lands 11 T Certificate of forfeiture of Shares to be given and registered by Treasurer 16 18 Of absence or illness of President at a meeting, to be given by Secretary on Payment of 68 16 28 m. 100 Bah To b« affixed to baggage 21 8 DaplioatM to be given 81 ^ Aetion to recover £i, to lie for refiual to attach checks 21 8 No fare exigible, if check* rofuied • 21 & PaiMBgert producing check, hinuelf a witneea . .- 21 8 CLAU8&- Tbe term neana any separate flection of the Act, or any other Act, diftingoished by « separate number ».... 7 % CLERK OP PEACE— Meaning of Term in Act 1 i Copies of Plans and Books of Reference, to be deposited with, 10 1 To receive 6d. qer 100 words for extracts 10 1 Copies certified by them, evidence 10 1 To receive and retain copies of Plans and Surveys 10 6- To permit inspection and making Copies of Plans 10 5 Subject to penalty on refusal 10 & To certify copies 10 ft COMPENSATION— To be made to owners of land taken under Special Act.as provided by General Act 4 COMPANI^— " The Company," meaninff of 7 2 Establishea under Special Acts, are bodies politic and corporate.. 8 Have power to take donations of lands for Railway puxposes . . . . 9 1 Have power to purchase land of corporations andf sell the same 9 2 Have power to take public Beach or land covered by river.... 9 8 Have power to lease the same 9 8 Such leaae only to be during time beach or land is required for the Railway 9 t Not to obstruct the navigation of rivers 9 8 Have power to borrow money, to complete Road 9 11 Not to pay more than 8 per cent interest therefor 9 11 May make their bonds therefor payable in Province or elsewhere in Currency orSterling 9 11 Have power to sell their bonds at discount, if necessary 9 11 May mortgage their lands, revenues or property 9 II May enter upon lands of Her Majesty, or other person on line of Road without license,* 9 12' Have power to make survey on lands necessary for Railway 9 18- May set out lands necessary for Railway 9 18 May fell trees within six rods of Railway 9 14 May cross, intersect, join and unite their Road with any other Road , 9 16 Not to build Road, till Plana are deposited 10 4 In Upper Canada, in case of incumbrances or refusal to convey, may pay compensation into Office of Superior Court. 11 20 If in Lower Canada to pay same into Prothonotaries Office. ..... 11 21 If they require to occupy reserved land of Her Miy'eety, to obtain consent under the seal of the Governor 11 22 liable for damages done to cattle, until fences are erected 18 1 «»itfMieTlo.,Oap.]l«. 101 ■ttb (X>MPANIFSI,--Con^nM«t SecSw. Nut liable after orection unleM negligfint or wilful IB 1 Lands t«kflti, to be fenced within six months, if Proprietors re- quire it 18 3 To erect cattln ffuardH 18 1 May soil goods for Tolls 14 1 Bound by Acts and decisions of majority at meetings of Bhare- holders 16 4 Liable for damages sustained by partien suffering injury from the Boll not being soundod 21 6 Not bound to seo to tho exocution of any Trust 22 1 Receipt of i)ttrty, in who3«) name share stands, a sufficient dis- charge 22 1 The Mail, Military Forces, and Militia, to bo carried by Companies 22 2 Obliged to surrender to the Governor, the exclusive use of any Tel- egraph 22 a Further nnactments may be made as to Mails and Telegraphs 22 S Not required to carry vitriol, gunpowder or dangerous goods. ... 22 8 May refuse to take packages suspected to contain dangerous goods 22 8 May require the same to be opened 22 8 Hare power to make a Railway across the lands of any corpora- tion or person 9 4 Have power to make and work the Railway across, along or upon any stream, watercourse or canal intersected 9 fi Must restore same to its former state, or to a state of unimpd.red usefulness 9 S May have one or more Tracks 9 6 By what powers worked 9 6 Have power to erect Stations, Wharves, Buildings, Ac 9 7 Have power to purchase Locomotives, Ac 9 4 Have power to make branch Railways, if provided by Special Act 9 8 And therefor possess all powers necessary to construct such 9 8 Have power to constinict all things necessary for use of Road 9 9 Have power to transport persons and goods 9 10 Have power to regulate Transportation 9 11 Have power to regulate Tolls therefor 9 10 Shall make and keep in repair all fimces, roads and watercourses. . 22 10 Shall be subject to Municipal Regulations ^ 22 10 Shall be subject to all charges, public, local or municipal, in Lower Canada 22 10 May be prosecuted by Officers of Municipality before Circuit or Commissioners Court 22 10 Service in such action, how made 22 10 Amendments made to this Act, no infringement of rights of Com- panies 22 14 In all cases to sow or lay down all cleared land belonging to Com- pany with grass or turf, 16 Vic, Cap. 169 1 To cut down thistles and noxious weeds, 16 Vic, Cap. 160 7 To be notified so to do by Chief Officer of Municipality, and on neglect, subject to a penalty of lOs. per diem, 16 Victoria, Cap, 169 V* "^ Unlawful for th«ra to obstruct navigable waters, 16 Victoria, Cap. 169 8 108 Sub COMPANIES.— C^onimwed; Sec.Seo. To submit plan of WharvcB, Bridges, Ac, over navigable Rivers, before they can construct works, 16 Vic, Cap. 169 8 Powers however expressly given by Special Act, not affected by this clause, 16 Victoria, Cap. 169 8 Have power with sanction of a By-law of MunicJpalty to make Bronchos 6 miles in length, 16 Vic.Cop. 169 9 CONFIRMATION OF TITLE— In Lowtir Canada, mode of obtaining by Companies, where convey- ance is refused, or owner cannot be found 11 21 CONTRACTS— For sale of land by Corporations, Trustees, Ac, valid 11 1 Made before deposit of Plans and setting out of lands, by person thereby authorized for conveyance of laud, binding 11 8 Even although iu the interim a third party acquire the Haiuc ...... 11 2 Possession of such land may be taken 11 2 lor compensation for land of joint proprietors made with one, bind- ing on others 11 4 •'.'ontracts for land may be aiado, after one month's deposit of lur.ps, Ac, , and notice 11 5 CONVICTION— Before Justicci , under this Act, appeal from 20 4 To be appealed from within four months 20 4 COUxVTY— Term implies, Union of Counties, County Ridings or like divisions of Counties in the Province, or any division into separate Mu- oicipalities in Lower Canada 7 2 CORPORATIONS— May convey land to Railroad Companies II 1 Who cannot by Law sell lands may lease the same 11 3 For payment of Rent therefor. Railways and Tolls are pledged, on registration of deed 11 3 Formed under this Act, may be annulled or dissolved by Legis- lature 22 12 Such dissolution, not to impair remedies against Company or Share- holders or Servants, for liability previously incurred 22 12 CROSSINGS— Signboards ',o be erected across the UighwRy, where Railway crosses 12 6 T^' V.^\ iES— •'■' ^;' to issued by Companies 9 11 May be payable in Currency or Sterling, in this Province or else- where 9 il ^fti to be issued by Compatiies for a loss sum than twenty -five pounds 9 11 Of Companies may be indorsed or guaranteed by Municipalities. . 18 1 Municipalities may issue Debentures, not less than £6 18 1 Such Debenture may bear interest 18 1 Suck Debentures, valid if in conformity -with By-law 18 2 Corporation Seal not required thereto 18 2 Forging of, a felony 22 DIRECTORS— Qvcnun of, to be settled by Special Act 16 1 At any Meeting competent to use power of Directors 16 7 Sub DIRECTOR^.— Gonthmed SecSe*. Ouly «ntitlef Tolls 14 3 " To be chosen Hunually by a majority 16 1 If election is not held on the day appointed. Directors to cause it to -■ ,- be held within SO days 16 1 Vacancies, regulated by By-laws 16 1 Directors must be Stockholders (pialified to vote 16 1 Directors first appointed or those appointed in their stead to remain till Annual Election 16 5 Directors may fill vacancies 16 6 To Eloer a President 16 6 To Elect a Vice-1'rcyident 16 6 May re([uire Secr«;tary to enter in proceedings absence of President 16 23 The head of a Municipality taking Stock, to amount of £5000, ex- offi'cio a Director 18 4 May call a Meeting expressly to increase Stock . . » 19 2 To mail notices of such Meeting to eaoh Sliartdiolder ID 2 Notices by Secretary, b}- order of Directors, deemed of notices of Directors 20 7 DIVIDENDS— May be declared nt General Meetings of Shareholders 16 20 To be so much j)er share, and none to impair Capital of Company. 16 20 No dividend to be paid on a share on which a call has been made, till ]>ayment of call 16 20 DOWER— Mode of relieving lands taken by Company from Dower, and other incumbrances in Upper Canada, in certain oases 11 20 DRAW-BRIDGE— Trains to stop three minutes at every such Bridge over navigable waters under a penalty of £100, 10 Vie,, Cap. 169 6 Ea^CTION OF DIRFCTOUS-- " Sharelu'lders to vole at 16 1 If election is not held on the day fixed, to bo held within thirty days 16 1 At such election, none to vote, who would not have been entitled to vote at such meeting 16 1 Vacancies to be filled as provided by By-laws 16 1 !. I 104 Sub ELEOTION OF DIRECTORS.— Conf Indians taken, to be ])aid for 11 22 Lauds of the CroVn, reserved for Nuval or Military purposes, may bo ooeu pied on License of the Governor 11 23 License how obtained , 11 28 J Cleared land of Companies, to bo laid down in turf, and cleared of thistles and weeds, 16 \'ic„ Cap. 1 69 T Lands of Her Majesty not to betaken without consent of Governor in Council, 16 Vic., Cap. lt»y ' 8 With that consent, ungranted wild lands may be taken for the use of the Railway, but not alienated, 16 Vic, Cap, 169 8 Land* for Branches of six miles, to be acquired with consent of owner 16 Vic, Cap. 169 9 LEASE— Wiiere used in Act, means aleo agreement for Lea.se 7 2 Leased 11 8 MAIL- To be conveyed by Companies, on such terms and under such regu- lations, as the Governor in Council may Tiake 22 2 MANSLAUGHTER— If life is lost, by any w ilful or malicious displacement or obstruc- tion, with intent to injure, 16 Vic, Cap, 169 2 MAYOR— Or other Chief Officer, representing a Municipality, not entitled to vote for i'ri vate Directors, 16 Vic, Cap, 169 6 "When Director ex-officio 18 4 May notify Company to sow their land with grass, and to clear away weeds, 16 Vic, Cap, 169 7 On their neglect, may enter upon their lands and cause the same to be done, 16 Vic, Cap, 169 7 Such expenses incurred, may be recovered by tlie Municipahty, 16 Vic, Cap, 169 ". V MEETINGS— General Meetings shall be held ; 15 Directors to bi; elected at Animal Meet ing 16 1 Method of calling to be settled by Special Act. 16 2 General business to bo transacted at Amuial Meetings 16 6 Dividends (o be declared at (leueval Meetings 16 20 Notices to be published weekly in the Canada (irazetto 16 24 MINUTI'ii— To be kept in writing of all By-laws, Rules and Orders 20 Copies thereof, extracted froni Minute Book by Secretary, and cer- tified, evidence ^) • A full account of all Proceedings of Directors and Companies to be kept 22 8 MISDEMEANOR— Persons obstructing Railway, l'V works incilental thereto guilty of 20 2 \r 108 Sul) MISDEMEANOR.— (7on\' breaking down any portion of Railroad, or placing obstructions with Intent to injure per- sons or property, 16 Vic, Cap. ICtt 1 , MORTGAGli- Gompanies may mortgage their lands, revenues, «fec 9 11 On lands taken by Companies in Upper Canada, how barred, and provisions relating thereto 11 20 Incumbrances on lands, as against Company, converted into claim to compensation ; 11 20 Mortgages on lands taken in Lower Canada, by the Companies, how barred.Pand provisions relating thereto 11 21 MUNICIPALITUS— May subscribe for any number of Sliares in Capital Stock 18 1 AI ay lend money to Company 18 1 May guarantee the payment of money by Compan}' 18 1 May indorse or guarantee payment of Indentures of Companies. . 18 1 Have power to assess and levy on tlie ratoabb:' property to meet such engagements IS 1 May issue Debentures not less than five pounds, with or without interest , 18 1 Such Debentures vabd, if in manner provided by By-law 18 2 I^'ot to subscribe for Stock, or incur liabilities, till a By-law be adopted by a majority of Electors 18 3 Provisions as to such By-laws 18 3 Head of the Municipality, holding Stock to the amount of £5000, a Director 18 4 Their regulation^i l)iiiding on Companies 22 10 Their Officers may prosecute in Lower Canada before Circuit Court or Conmiissioners Court, effecting service on Clerk or other Officer of Company , . 22 10 Heads of, not entitled to vote at election of Private Directors, un- less specially permitted by Special Act, 16 Vic, Cap, 169 5 May recover by action all expenses incurred in clearing grounds of Companies of weeds on their neglect to do so, 16 Vie., Cap. 169 7 NOTICE— Of deposit of Maps, to be made in at least one Newspaper in Coun- ties 11 6 Deposit of Map and Book of Reference, and such notice to be a General Notice 11 6 What notice served upon parties shall contain 11 7 To bo accompanied by Certificate of Surveyor, that the land is re- quired for Railway, 9 1 If bodily barn) ln^ aimtaiiud, or propei-ty injured thi^reby, such acts amounts to felony, 16 Vic., Cap. 169 1 Punishment therefoc, 1 6 Vic. Cap 1()'> 1 If in consequence of such malicious acts life bo lost, manslaughter, 16 Vie , Cap. 469 2 Punishment therefor. 16 Vic, Cap. 169 2 If injury be done to Road, or stoppage occasioned, acts punishable as misdemeanor, 16 Vic, Cap. 169 8 PASSENGERS— May eno for damages oaxised by want of accommodation 21 2 May recover .£"2, if Check be refused them 21 8 Competent witness as to value of baggage lost 21 8 Who refuse to pay the fare maybe ejeoled 21 6 Injuries while on platform or other forbidden place, not entitled to claim for injuries 21 8 PENALTY— For refusal of Clerk of Peace to permit inspection of Plans, (fee. ... 10 6 For contravention by Ci>mpanieR of regulations us to construction of Railway across the Highways 12 1 For neglect of provisions as to signboards at crossing 12 6 For driving cattle or horses across Railway, except at farm cross- ings 13 i For neglect to sound boU of L(ii;omotive 21 6 Forfeiture for sending goods of n dangerous nature, without notice to the Company 22 8 For Trains passing Drawbridge without stopping, 16 Victoria, Cap 169 6 For not laying down lands of Companies in grass, or for not clearing weeds, 16 Vic, Cap. 169 1 I no Sub TERJURY.—Contimied. Sec. See. Wilful fulse stfttemeut mofle bv witness on oath before Arbitrator. 11 13 PLANS— To be niailo of course of Konds 10 1 To be exiimirifiil liy Survcynr (Jeneral* 10 1 001110.11 to l)e df|>Oft)it<(l by liim 10 1 Dupliciiffs of, or I'opits <'('ifiti<'d to be evidence 10 1 If any nlteratioi' from original I'iari, a IMuii a» approvod by Parlia- ment, to bo deposited in like niaiincr 10 8 Until Plan mado, Had way not to bo proi-ceded with 10 4 Open to innpiM'tion in oltioc '>f Cbrk of I'eaoo 10 6 No deviation uf more l.liaii ji mi lo. allowed 10 ^ May i>e tarried aeruss lands although name of owner is erroneously entered in Ret'oienet,' Kuok 10 8 Extra breadth of land taken for Stations to be shewn on F'lans.... 10 9 Deposit of Maps and Rooks, and notice of dej)Osit, a General Notice 11 6 Of completed Road, and land taken, to be filed with ('onimissionerB of Public \V.,rkn, and ir» Ro^ietry Office 22 4 To be drawn on sealc .uid jiuper, re^'uiated by Board of Works.. . 22 4 To be certified and signed by Kn),;ineor or Pri>si(lent 22 4 When a time is speeilied in lieneral Act or Special Acts for deposit- ing, and such doponit has been omitted, Plans may be extended for one yearf after the passing of this Act, au(l such deposit is vttlidund etl'c nial, 10 Vic, Cap. lti!> 4 Of Bridges and whin ves over navigable waters, to bo first submit- ted to Governor in Council. Idem 9 PRESIDENT— Chairman of the Company 16 6 Entitled to Casting Vole' 16 T To certify and sign the completed Map of Railway 22 4 To attest on oath Annual Statement 22 6 PROFILE— Of Completed Road, and of lands taken, to be made and filed with Commissioners of Public Works 22 4 PROXY— Form of. , 16 8 Votes by, valid 16 4 QUARTER SESSIONS— Appeal lies to, from convictions before Justices 20 4 RAILWAYS— Provisions as to working of 21 "The Railway" meaning of Term 7 2 " The Undertaking," wiien used in Act, means the Railway and works, by the Special Act Authorized to bo executed 7 1 RAILWAY PROTECTION ACT— Applies to every Railway, made or to be made, 16 Vic, Cap. 169. 10 REPEALED CLAUSES— The fifth and sixth Sections of Act, repealed by the 16 Vic, Cap. 2 SECRET \RY OF PROVINCE— Copies of Plans and Books of Reference, to be deposited with. . 10 1 ','„ *Commis8ioner of Crown Lands,— see 8 Vic, Cap. II. t Asiented to 14tli June, 1808. Ill Sub SECRETARY OF PROVINCE.— Con^inMerf. Sec. Sec. 6J. per 100 wjords to be paid tor extracts therefrom lu 1 Copies certified by, good evidence 10 I SECURITY— To be. trtkeu from Officers 16 22 SERVANTS— To wear Badges 21 1 Not entitlod to receive Farc.% Ac, without Budges 21 1 To AtHx Cliecks 21 3 Engineer neglecting to sound l-ell, liat)hi for half penalty and damages 21 d Conductors or persons in tdmrge of a Locouk ve, guilty of a mis demeanor, if intoxicated 21 7 SHAREHOLDERS— Meaning of Term 7 2 Exempted from personal lialiility. Page S7. Note. May regulate and fix Tolls at (jleneral Meetings 14 1 Have power to assemble in General Meetings 16 Have power to ideet Directors 15 May vote by proxy 16 3 Liatile to pay amount of ealls 16 10 Liable to pay interest, on default of payment of ealls . . 16 11 May be sued for culls 16 Evidence of proprietorship of Shares 16 Neglecting to pay calls for two mouths, liable for forfeiture of their Shares 16 Indemnified by forfeiture, frfna Actions 16 Any Shareholder may purchuse forfeited .Shares 16 May advance monies on their Shares, to Companies and receive in- terest on advances 16 By transmission, not entitled to vote or receive profits till proof dej)osited witli (Company 17 Individually liable to amount unpaid on his Shares 19 But not liable till nn execution against the Company be wholly or partially unsatisfied li) Vote of two-thirds of all the Shareholders necessary to an increase of Capital '. 19 Tr' e List of names, and abodes of, to be ke[>t 22 SHARES— Certificate of jiroprii torship evidence of title in , 16 May be disposed of without Certificate 16 May be forfeited 16 Forfeited may be sold 16 Un8ub8cribe(i, may be sold Hi Unsubscribed or (ort'eit<'d Shares may be j)ledged to secure loans. . 16 Certifl(iate and receipt of Trea.surer, title to forfeited Shares 16 On registration and entering in the Books of the Conifiany, pur- chaser becomes holder of siicb Shares 16 Regulations as to transfer 17 Shares may be sold by instrument in writing 17 Form of such instrnmeut 17 Personal Estate *. 17 Not transferable till previous calls paid in, or Shares forfeited. ... 17 Transfer of less than a Share invalid 17 12 U IS 16 18 19 4 4 2 8 14 14 1.5 17 17 17 18 18 1 2 3 8 U2 SHARES.— Con^imW. Sec. See. Btfttonient of frnnsfcr of Slmrcs, -with ropy of probate of will, or extractri therefrom, and hocIi other proof as may bo neceeaary to bo deposited with t!<)inpflii}' 17 4 Receipt of pru'tv or one of I hem, in wIiobo names Shares staud, a auflicient dinehurure 22 1 SHERIFF— Meanitit; of th)e depotited in Offiee of Company to en- title to Share of profits or to vote 1*7 4 TREASURER— Certificate of evidence of forfeiture and purchase of Shares 16 18 Certificate to be enregistered by 16 18 TREES— May be fel1«d or removed to the distance of six rods of Road 14 9 VICE-PRESIDENT— Chairman in absence of the President 16 6 In absence or illness of President, vested with his powers 16 23 Then competent to sign Bills, Notes and Instruments 16 23 And to perform other Acts, required by By-laws, of President.... 16 24 In absence of President, to attest, on oath, the Annual Statement. . 22 6 14th & ISto VicTOEiiE, Cap. 78. Preamble. AN ACT Tc make provision for the construction of a Main Trunk Line of Railway throujhout the whole length of this Pro- vince. [Passku 30th August, 1851. In what cai- e* and on what condi- tion! only, the Public Debt and lia- bilities may be increased 12 v., c. 29. WiiEiiiiAS it is of the highest importance to the progress and wellaro of this Province, that a Main Trunk Line of Rail- way should be made throughout the length thereof, and from the Eastern frontier thcoof, through the Provinces of New Brunswick and Nova Scotia, to the City and Port of Halifax, and it is therefore expedient that every effort should be made to ensure the construction of such Railway, whilst as an act of justice to those who have advanced their money upon Provincial Securities, and as the best means of sustaining the credit of the Province, and of readily ( mmanding such fur- ther pecuniary assistance as may from time to time become necessai-y for great Provincial Works of Internal Communi- cation, it is expedient that the Provincial Parliament should pledge itself not to allow the Public Debt and Liabilities of the Province to be increased, except in the cases and under the conditions hereinafter mentioned : Be it therefore de- clared and enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the author- ity of an Act passed in the Parliament of the United King- dom 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 hereby declared and enacted by the authority of the same, That excepting only as regards such sum as may be raised for the purposes of this Act, under the authority and guarantee of the Parliament of the United Kingdom, and as regards the guarantee of the Province to be given under the Act passed in the twelfth year of Her Majesty's Reign, and intituled, An Act to provide for afjbrd- ing the guarantee of the Province to the Bonds of Railway Companies on certain conditions, and for rendering asaittane$ 115 in the eonftruction 0/ the Halifax and Quebec Railuxn/, (ov tho interest only of doUfnturcs issiiod or to l)i' ishihi] liv the St, Lawrcnoe imd Atlantic Kuilroiul (.•oinpiiny, the (ireat Western Hailway Company, or thv Ontmio, Simcoo nnd Huron liailroad Union Company, on the coiKlitions in tho said Act, and hereinafter mentioned, the Pwhiic Debt and MaUili- tiesoflhis Province shull not Ijo increased under this Aet, nor will the Provincial Parliament hereafter authorize the increase thereof without tho consent of the Agents through whom loans may have been negotiated in England, or the previous otier to pay ofl' all debentures then outstanding, and the actual payment of all such as shall be presented for pay- ment pursuant to such otler, at the place therein appointed, Y'ithin one month from the first publication thereof in the London Official (^azette, in whii'h it shall he published during the period aforesaid, at least ; and the expenditure hereiimfter authorized shall not be made, nor tiio liabilities hereinafter mentioned incurred on behalf of the Province, except only in so far as it may be found practicable to make or incur the same, or any part thereof, without increasing the debt or liabilities of the Province, otherwise than in the cases and under the conditions aforesaid. IF. And be it enacted, That provided the funds necessary for the purpose shall be raised by loan under the authority and guarantee of the Parliament of the I'nitcd Kingdom, or advanced as a loan to this Province un-l.r said authoi-ity, it shall be lawful for the Governor of this I'rovince in Council, to enter into such arrangements as he may deem coiubuiive to the interests of this Province, with the (lovernmeiit of the United Kingdom, and with the Governments of the Pro- vinces of New Brunswick and Nova Scotia, with respect to the construction of a Railway from some point opposite the City of Quebec to the City of Halifax, in No\a Scotia, either by constructing tiie same on the joint account of this Pro- vince and the said Provinces of Nova Scotia and New Bruns- wick in equal proportions, or by engaging to construct at the expense of this Province that ])art of the said Kail way lying within Lower Canada, or by making such other arrange- ment for the construction of the said Railway as nuiy be agreed upon within the said Government of the United Kingdom and the said Provincial Governments ; and for facilitating such arrangements, ail the ungranted lands within this Pro- vince, lying within ten miles on either side of the line of the said Railway, are hereby placed at the disposal of the Go- Quebec and HHllfax RhII' way ; under what condl- tionf) it may be made. Certain un- granted lands may be appropri- ated. 116 Authority to •left-ay the uaoewary cxpente*. Railway from Quebec to Hamilton may be made with fanda raised on^ Imperial Qnarantee. If rich guar- antee can not be ob- tained, the Railway may be made at Joint expense of the Pro- vince and any Munici- pal Corpora- tions therein vemor of this Province in Council, to be applroprlAted, pledged or otherwise dealt with in such way as he may think best for the interests of the Province with regard to such ar- rangements as aforesaid, it being understood and hereby declared that the Parliament of this Province will confirm and carry out by such Legislative enactments (if any) as may be necessary to give full effect to the same, any arrange- ments and agreements which may be made by the Governor in Council, in the spirit and for the purpose of this Act. III. And be it enacted. That it shall be lawful for the Governor, out of the Funds to be raised or advanced for the purpose, as aforesaid, to pay all such sums as may be requir- ed to defray all the expenses of making such part of the said Railway as shall be to be made at the expense of this Province under any such arrangement as aforesaid, or any other ex- penses, which under any such arrangement shall be to be ' borne by this Province. IV. And be it enacted. That provided the ITunds neces- sary for the purpose shall be raised by loan under the au- thority and guarantee of the Parliament of the United King- dom, or advanced as a loan to this Province under the said authority, the whole of the Main Trunk Line of Railway from the City of Quebec, or a point opposite thereto, to the City of Hamilton, or some convenient point on the Line of the Great Western Railroad, or so much of the said Main Trunk Line of Railway, as the Funds so raised or advanced as aforesaid, shall be sufhcient to make, shall be made as a Provincial Work, and it shall be lawful for the Governor, out of any sach Funds as aforesaid, to pay all such sums as phall be required to defray all the expenses of making such Main Trunk Line of Railway, or such part thereof as afore- said. V. And be it enacted. That if the Funds necessary for making the Main Trunk Line of Railvay mentioned in the next preceding Section, shall not be raised by loan under the authority and guarantee of the Parliament of the United Kingdom, or advanced as a loan to this Province, under the said authority, then the said Main Trunk Line of Railroad, or so much thereof as shall not be made by funds so raised or advanced as aforesaid, may be made with funds of which one-half shall be raised on the credit of the Consolidated Revenue Fund of this Province, provided the other half shall to that part of the said Railway to be made as aforesaid, as fully as to any other Public Provincial Work j and the said 117 have been subscribed for hy tlio Municipal Corporations in this Province. VI. And be it enacted, That if the Governor in Council How that shall determine that it is exjicdient that the whole ov any cost payabin part of the said Main Trunk Line of Railway, shall be made coJloraH'','Ja with funds to be raised in the manner mentioned in the next may be rass- precedin^ section, the Governor shall, by Proclamation, ^'^' declare the total amount required for such purpose, anal SiiViHcription fund cuuf :• tuted. Authority to raiue half the money on credit of Ooueolida- ted Kev^uue ruod. Aijd the othor half on that nt the Municipal Subgv;rip?ion Fund. reduced, and such rodiiotion shall 1)0 notified to the Mnnicijml Corporations eoiicorucd, in such way as the (Governor may direct : Provided always, that no Municipal Oor{)orRtion shall suJiscribe for stock, or incur any debt or liability under this Act, unless and until a Bv-law to that effect shall have been duly made and adopted, with the consent first had of a majority of the ([ualifiod electors of the Municipality, to be ascertained in such juanner as shall ho determined by the said By-law, after public advertiscnumt thereof containing a copy of such proposed By-law, inserted at least four times in each newspaper printed within the limits of the Municipality, or, if none be printed therein, then in some one or more news- paper printed in the nearest City or Town , thereto_and circu- lated there' "1. VII. And be it enacted. That the sums subscribed for as aforesaid shall for. a Fund to be called The Kailway Mimi- cipal Subscription Fund; and so soon as the sum required shall have been subscribed for as aforesaid, it shall be lawful for the Governor in Council from time to time to authorize the issuing of Debentures to an amount not exceeding in the whole that so subscribed for, in such form, for such separate sums, and at such rate of interest, not exceeding six per centum per annum, and to make the principal and interest payable at such periods and at such places, as to him shall seem most expedient; the said principal and interest being hereby made chargeable upon the Consolidated Revenue Fund of this Province, but after the principal and interest of any sum to be raised under this Act, or any Act of the pre- sent Session, by advance from the Governtnent of the United Kingdom or with the guarantee of the said Government : And it shall also be lawful for the Governor in Council from time to time, to authorize 1 he issuing of Debentures to an amount not exceeding in the whole that so subscribed for as aforesaid, (and not exceeding at any time that for which De- bentures shall then be issued under this Section, on the credit of the Cons' lidated Revenue Fund,) in such form, for such separate sums, and at the lowest rate of interest, not exceed- ing seven per cent per annum, at which they can be negotiated at par, and to make the principal payable at any period, not being less than twenty years from the date of such Deben- tures respectively, and the interest, at such periods as he may think proper, and to make the principal and interest payable at si^ch places as he may deem most expedient.^ such principal being ch&rgeable not upon the said Consolidated Revenue IW Fund but solely upon the Railv^ay Municipal Subscription Fund aforesaid and the Sinking Fund hereinafter mentioned. VIII. Provided always, and be it (inaeted, That the total sum to be raised for the purposes of this Act, upon the credit of the Consolidated Revenue Fund of this Province, with or without any guarantee under the authority of the Parliament of the United Kin>j;dom, and including any sum which may bo iwlvanced imdei the authority of the said Parliament, on the credit of ihe said Consolidated Revenue Fund, added to any sum which may he raised on the credit of the Municipal Subscription Fund, shall never exceed, in the whole, the sum of Four Millions of Pounds Currency. IX. And l)e it enacted, That the funds to be raised under the seventh section of this Act on the credit of the Consoli- dated lievenuc Fund, and those to be raised under the said section, on the ci-edit of the Railway Municipal Subscription Fund, shall be expended as nearly as may be, in ecjual pro- portions, as the work advances in the several sections into which the Railway to be made may be divided by the Gov- ernor in Council. X. And be it enacted, That as well the cost of that part of the said Main Trunk Line of Railway which is to be con- structed with funds to be raised partly on the credit of the Province and partly on that of the Railway Municipal Sub- scription Fund, as all the expenses and outlay of any kind to be incurred while the work is in progress, shall be defrayed out of the funds so to be raised as aforesaid ; and that the Municipal Corporations so subscribing as aforesaid, shall be called upon to pay the interest on the sums for which they have subscribed, whenever at any time the said Fund, and their share of the profits from any part of the work which shall have been completed, shall be insulTlcient to pay the interest on the sums borrowed on the credit of the Municipal Subscription Fund ; in which ctise, they shall from time to time pay such sums to the Receiver Geneial as niay be sutfi- cient, with any sums he may have in his hands applicable to the purpose, to enable him to pay such interest as it becomes due, the sum to be paid in such case by each Municipal Cor- poration being in proportion to the sum for which it may have subscribed. XI. Atid be it enacted. That the share of the profits of that part of the said Railway last aforesaid which may belong to the said Municipal Corporations, and shall not be re([uired to pa^ the interest on the sums raised on the credit of the llail- Sum to be raised under thlH Act limi- ted. SiuDi raised on the credit of the two FundH men- tioned in sect. 7 to be expended In equal pro- portions. In what cu- es only Mu- nicipal Cor- porations shall >>" cal- led lip' .1 to pay iutcrest on suiuH aub- scrlbod by theui. Sinking Funds estab- lished. 120 Provision if the Munici- pal Pinking Fund be found insuffi- olent. way Municipal Subscription Fund, shall be invested by the Receiver General, and shall, with interest thereon, form a Sinking Fund for the redemption of the Debentiires to be issued on the credit of the said Railway Mtuiicipal Subscrip- tion Fund ; and that the share of the said profits which shall belong to the i*rovincc, after deducting three and a half per cent, per annum on the sums raised on the credit of the Con- solidated Revenue Fund, shall be also invest d by the Re- ceiver General, and shall, with the interest thereon, form a Sinking Fund for the Redemption of the Debentures to be issued on the credit of the Consolidated Revenue Fund under the seventh section of this Act ; and the share which Shares of the the Province and the said Municipal Corporations shall re- ima M^^cor- spoctively have in the profits of the said Railroad, shall be in th'**'°flt '"f proportion to the sums which shall have been raised on the the Railway, credit of the Consolidated Revenue Fund, and of the said Railway Municipal Subscription Fund, respectively. XII. And be it enacted, That if at any time after the ex- piration of two year? from the completion of that part of the said Railway last aforesaid, it shall appear to the Receiver General that the Sinking Fund first aforesaid will not pio- duce enough to pay off the j)rincipal of the Debentures issued on the credit of the said Railway Municipal ^^ubscrip- tion Fund, at the time when the same will l>ecome payable, it shall be lawful for him to add not exceeding three per cent, pel annum on the amount of such Debentures, to the sum which would otherwise be payable to hiiu in any year by each Municipal C'orporation, and such per centage shall form part of the said Sinking Fund, and shall be paid by such Mu- nicipal Coporations respectively, in like manner as any other moneys payable by them to the Receiver General, under this Act. XIII. And be it enacted, That the said Main Trunk Line of Railway, including that part thereof lying between the City of Quebec and the City of Halifax, or such part thereof as shall be made under the provisions of the preceding sec- tions of this Act, shall be a Public Provincial Work, to be constructed and managed by the Commissioners of Public Works, under the control of the (rovernor in Council, and subje(!t to such supeiviaion by the Roard of Railway Commis- sioners hereinafter mentioned as the Governor in Council shall direct; and all the powers vc,ste,ivcn for sums paid or guaranteed by the Province, and subject to the same provisions, and the said guarantee may bo given either at once for the whole s\nn to be raised by the Company, or from time to time, and by portions as the same shall bo required for carrying on the works, according to the terms and conditions which shall have been made in that behalf; Provided always, that it shall be lawful for the Governor in ProrUo. Council, if he shall deem it expedient and consistent with the interests of the Province, and the due maintenance of the Public credit, to grant the same advantages, or any of them, to the " Ontario, Simcoe and Huron Railroad Union Com- pany," as he may under this section grant to Companies whoso Railways form part of the said Main Trunk Line of Railway • And provided also, that one of the conditions on provuo. which the benefit of this section shall be granted to any Cornpany, shall be, that no Hy-law of such Company impos- ing Tolls, or affecting others than the Company, shall have force or effect until approved by the Governor in Council, and that no such By-law shall remain in force for more than three years from the passing thereof, so that such By-laws may be subject to periodical revisions by the said Governor in Council, and that the Company shall consent to such amendments (if any) of the Act incorporating it, as may be requisite to give full effect to this Proviso. XXIII, And be it enacted, That so niuoh of the Act first jncongistent above cited, or ot any other Actor Law as luiiy be inconsis- enactmenu tent with the provisions of this Act, shall be and is hereby ''*p^*'^ repealed. XXIV, And be it enacted, That the word "Railway'' in word "Raiu this Act, shall include all Viaducts, Bridges, Station Houses, way" inter- Depots, and other works, Machinery, Engines Vessels, Car- ^'* * riages and things of every kind, which nvAy be necessary or convenient to the making or using of any Railway. 126 AoGoantlDK OUOM. XXV. And be it eiuuited, That tho due application of all moneys expended under the authority of this Act, shall bo accounted for to Her Majesty, Her Heirs or Suwessors, through tha Lords Commissioners of Her Majesty's Treasury for the time being, in such manner and form as Her Majesty, Her Heirs and Successors shall direct; and that an account of all moneys so expended shall be laid before the Provincial Parliament within iitleen days after the opening of the Ses- sion thereof next after such expenditure. 14th & 15th VioTORiifi, Cap. 74. AN ACT To extend the provisions of an Act passed in the present Sesssion intituled, An Act to make provision for the con- struction of a Main Trunk Line of Railway throughout the length of this Province. [Passkd 30th August 1861.] Whkrbas the Great Western llailroad Company are au- Preamw*. thorized by their Acts of Incorporation to make a Main Line of Railway throughout the whole distance between the Niagara River and the Detroit River, by the way of Bur- lington Bay ; And whereas it is desirable that the provisions of the Act hereinafter mentioned should extend to the whole of the said Main Line of Railway, although not to any of its Branches, and that no doubt should exist as to the intention of the Legislature to that effect : Be it therefore declared and enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, con- stituted 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 Go- vernment of Canada, and it is herel)y enacted by the author- ity of the same, That the expression, "The Great Western wh»t«h»u RAilroad," in the Act of the present Session, intituled, An ' Act to make provision for the construction of a Main Trunk Line of Railway throughout the length of the Province, shall mean and include the whole of the said Main Line of Rail- way which the said Great Western Railroad Company are authorized to make from the Niagara River, by the way of Burlington Bay, to the Detroit River, any thing contained in the proviso to the sixteenth section of the said Act, or in any other part thereof, to the contrary notwithstanding, but shall not include any Branches which the said Company are or may be authorized to make, nor shall the guarantee in the said Act mentioned be extended to any such Branch. be under- atood by " the Grtiat Western Railroad" In cap. 73 of this MUlOD. 16th VrcrroRiA, Cap. 39. AN ACT To empower any Ruilvny ('o/npani/, whoHf Railway formn part of thv Main Tnmk f/inf of Railwaij thro uffhout this Province, to nnitr with antj other /mch Company, or to purchase the -property and riyhts of any nvch Company; and to repml artain Actx therein mentioned incorporating Ruilwaff Companies. [Pahsku 10th November, 1 852.] PrMutbU, Power to an> ite with or purohftM the righU of another compkoy. UA15V. e. T3. Act to apply to certain ecmpaniei. Whereas it would Ije to the advantage of this Province, that the Main Trunk Railway throughout tho whoh> length thereof should be under tlu' nuuiagenient and control of one Company, or of as small a number of dillerunt Com- panies as may be pructicablo : Be li, therefore enacted by th»5 Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Vssembly of the Province of Canada, constituted and asseoiMed by virtue of and under the authority of an Act passed in the Parliament of the Uni.ed Kingdom of Great Britain and Ireland, and intituled, An Act to re-unitt the Provinces of Upper and Lower Canada, and for the gov- eminent of Canada, and it is htireby enacted by the authority of the same. That it shall be lawful for any two or more of the Companies formed, or to be hereafter formed, for the purpose of constructing any Railway, which shall form part of the Main Trunk Line of Railway contemplated by the Legislature in passing the Act of the now last Session of the Provincial Parliament, intitutled An Act to make provision for the construction of a Main Trunk Line of Railway throughout the whole length of this Province, to unite together as one Company, or for any one of such Companies to pur- chase and acquirt; the property and rights of any one or more of such Companies : And the provisions of this Act shall apply to and include the St. I-.awience and Atlantic Railroad Company, and the whole of the Railway M'hich that Company are empowered to construct, and shall also apply to and include any Company wb* h may have been formed by the union of any two or more Companies under thia Act. 129 II. And be it oiirtctud, That it simll be lawful for the Di- rectors of hny Hui'h Company an aforesaid to ajfree witfi tbt- Directors of any otlu-r Huch Con»|iariy or Conipani^'s, that th»; Companies tlify ri'^pi-ctiveiy represert nhall bu united as one Company, or that one of Huch C'om[>nnies Hhail purciia»e and a('<|uire tht^ properfv and ri;^difs, and ake upon its»;lf all the liabiiiti»'s of thf otht-r or olIicrH; and by sucli agreement tu fix the terms upon which Huch union or HUch purchase Hhall talte place, tlic ri^dits which the Shareholders of each Company Hhall |»o«mcss after such imioti t)r purchase, the number t»f Directors of the (.'oinpany after any such union, and who shall be, such Directors until the then next Elec- tion, the period at which such next Khctioii shall be held, the number of votes which the 8harehol(lerH of either Com- pany shall respectively have thereat, and the corporate name of the Comf>auy utter any such union, the time when the agreement shall take »'any, iind generally to make all such con- ditions and sti|)ulatioiis touching the terms upon which such union or purchase ^hall take place, as may be found neces- sary for determining the rights of the said Cou»panies I'es- pectively, and of the Shareholders thereof, after any such union or purchase, and the mode in which the business of the Company shall be managed and conducted after any such union. III. And be it enacted, That whenever any such agree- ment shall have been made as aforesaid, the Directors of each of the Companies which it is to atlecfc, shall call a Spe- cial General Meeting of the Shareholders of the Company they represent, in the manner provided by law for calling such General Meetings, stating particularly that such meet- ing is called for the purpose of considering the said agree- ment, and of ratifying or disallowing the same; and if at such Meeting of the Shareholders of each of the Companies concerned, respectively, three-fourths or more of the votes of the Shareholders attending the same, either in person or by proxy, be given for ratifying the said Agreement, then the same shall have fidl etfect accordingly, as if all the terms and clauses thereof, not inconsistent with this Act, were enacted in an Act of the Legislature of this Province ; and if less than three-fourths of the votes of the Shareholders present at such meeting, in person or by proxy, be given in favor of ratifyihg such Agreement, then the same shall be void and of no etfect, and no other meeting shall be called to consider r>lr«cU>rf of twu or mora cciiiipknl«N IIIBjr iiiirC)* oil tcrmi uf fiicli union »r purchtiM. Special gen- eral meeUoff to b« called to ratify or diiallow luch agroe- ment. 130 PrtTUo. Effect of ra- tification of an agree ment for a unloDc ProTiio. jGJTect of ra- tification of an agree- ment for purchMe. any agreement for a like purpose within six months there- after : F'rovided always, that the first meeting ot the Share- holders of any Company for considering any such Agree- ment shall be held within three months of the time whea the same shall be made by the Directors thereof, and not alter wards. IV. And be it enacted. That from and after the time when any such nititied agreement for the union of two or more Companies shall take eil'cct, the Companies intended to be united shall become one Company and one Corporation by the Corporate name assigned to it hi such agreement, and shall be invested with and have all the rights and property and be responsible fur all the liabilities of the respective Companies, parties to such agreement, and shall be held to be the same Corporation with each of them, so that any right or claim which could be enforced by or against either of them, may after such union, be enforced by or against the Company formed by their Union, and any suit, action or proceeding pending at the time of such Union by or against either of such Companies, may be continued and completed by or against the Company formed by their Union, by the corporate name assigned to it by the agreement ; Provided always, that the rights of the Province or of Her Majesty on behalf of this Province, under any guarantee given to any such Company or otherwise, or of any person or party hav- ing any special hypothec or privileged claim upon the lands and buildings, tolls, revenues or other property, real or personal, of either of such Companies, or upon any part thereof, shall not be impaired l)y such Union, and the (Jom- pany shall keep separate accounts with respect to each Rail- way, so as to ascertain the property or moneys upon which any such hypothec or privilege may attach. V. And be it enacted, That from and after the time when any such ratified Agreement for the purchase by one buch Company as aforesaid, of the Itailway, property and rights of another such Company shall take effect, such Railway, pro- perty and rights shall become vested in and shall be exer- cised by th" Company purchasing the same, by the corporate name a&sigji :d to it in such Agreement, and such last men- tioned Company shall be responsible for all the liabilities of the Company whose Railway, property and rights shall have been transferred to them, and shall be held to be the same Corporation with it; so that any right or claim which could be enforced by or against either Company, may, after such 181 purchase, be enforced by or against the purchasing Company and any suit, action or proceeding pending at the time such Agreement shall take effect, by or against either Company, may be continued and completed by or against the purchas- ing Company, by the name assigned to it in such Agree- ment : Provided always, that the rights of the Province, or of Her Majesty on behalf of this Province, under any guarantee given to any such Company or otherwise, or of any person or party having any special hypothec or privi- ledged claim upon the lands, buildings, tolls or other property of either of such Companies or upon any part thereof, shall not be impaired by such purchase, and the Company shall keep separate accounts with respect to each Railway, so as to ascertain the property or moneys upon which any such hypothec or privilege shall attach. VI. Provided always, and be it enacted, That the Com- pany whose property and rights shall have been so purchased, shall continue to have a Corporate existence for the sole purpose of doing such things, and such things only as shall be necessary for the purpose of giving full effect to the ratified Agreement, and to the rights of its Shareholders or others under the same, and so long as there shall remain anything to be done for that purpose, Directors may be elected for the said Company, and may exercise their powers for such pur- poses as aforesaid only. VII. And be it enacted. That the rights and obligations of the Company fonned by any such Union, or having pur- chased the Railway property and rights of another Company, shall as regards lands, fences, roads, bridges, tolls and other matters in which others than the Members and Officers of the Conjpany are concerned, be governed by the provisions regulating such matters in the Act or Acts passed with refer- ence to the Railway to which such right or obligations may relate, saving always the right of the Directors, to modify any such Tolls by By-laws to be passed in the manner and subject to the provisions of such Act or Acts, or to make, amend or repeal By-laws on any matter for which By- laws may be made, amended or repealed \mder such Act or Acts. VIII. And be it enacted. That in the case of any such Union as aforesaid, the Capital of the Company formed thereby, shall be equal to the combined Capitals of the Com- panies united, and they may raise by loan or otherwise, any sum not exceeding the total amount which such Companies Proviso. Company selling, to remain a corporation for certain purposes only. Riglita of the Company af- ter such pur- chase or un- ion in mat- ters affect- ing third parties. Capital of united com- panies. 132 IneroKM of eaplUl of company purobMiDg il Further pro> TiBionmur be nuuiemr fiTing eAot to melt agreemeat. Reoital. Aeti 14 * 15 T., c. 143, and 14 A 15 v., c. 14« re- pealed. might raise : And in the case of the purchase by one Com- pany of the property and rights of another Company, the purchasing Company shall have full power to increase their Caf>ital by such sum as may be required to pay the purchase money agreed upon, and may raise the sum required for the said purpose, either amoisg themselves, or by the admission of new Subscribers, in such manner as shall be provided by By-laws to be passed for the purpose, or may raise such sum or any part thereof by loan, and may issue Debentures for the amount so borrowed in the manner and form provided, with regard to other Debentures issued by such Company, by their Act of Incorporation, or any Act amending the same, except that such Debentures may be made to bear my rate of interest not exceeding seven per cent per ^nnum. IX. And be it declared and enacted, That the Legislature of this Province will make any further legislative provi- sion which may be required for the purpose of giving full effect to this Act and to any agreement made under it, and ratified as aforesaid, according to the true intent and purport thereof, notwithstanding any merely technical or formal ob- jection thereto. X. And whereas the several parties who have subscribed for Stock in The Montreal and Kingston Railway Company^ and in The Kingston and Toronto Raihoay Company^ and have incurred certain preliminary expenses for surveys and other- wise, with a view to the organization of the said Companies, have respectively expressed their willingnesA that the Acts providing for their incorporation should be repealed on con- dition that The Grand Trunk Railway Company of Canada^ incorporated by an Act of this Session, should repay them the expenses so incurred ; Be it therefore enacted. That the Act passed in the Session held in the fourteenth and fifteenth years of Her Majesty's Keign and intituled, An Act to incorporate the Montreal and Kingston Railway Company, and the Act passed in the same Session, and intituled. An Act to incorporate the Kingston and Toronto Railway Cum- pany, shall be, and the said Acts are hereby reptaled; Provided always, that the said Grand Trunk Railway Com- pany of Canada, shall repay to the persons hereinbefore referred to, the sums by them expended in the preliminary expenses aforesaid. IC ViCTOKl/E, Ca1>. YG. I' ^' I AN ACT To extend the provisions of the llaihoay Companies Union Act, to Companies whose Railways intersect the Main Trunk Line, or touch, places which the said Line also touches. [Assented to iVth March 1853.] Whereas it is expedient to extend the Act hereinafter P'ea°>'>'e. mentioned to certain other Railway Companies than those mentioned or referred to in the said Act : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative assembly of the Province of Canada, constituted 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 Pro- vinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by *the ^authority of the same, That the Act passed in the present Session of the Par- liament of this Province, p-d intituled, An Act to empower 39* extended any Railway Company, whose Railway forms part of the 't|j""Q " . Main Trunk Line of Railway throughout this Province, to panics. unite with any other such Company or to purchase the pro- perty and rights of such Company ; ar.d to repeal certain Acts therein mentioned incorjiorating Rai 'way Companies ; and • • all the enactments and provisions therein contained, shall extend and apply to and include any Railway Company whose Railway intersects the Main Trunk Line of Railway contemplated by the Legislature in passing the Act of the now last Session of the Provincial Parliament, intituled. An 14415 V. Act to make provision for the construction of a Main Trunk « '^' Line of Railway throughout the ivhole length of this Province, or touches any City, Town or place which the said contem- plated Main Trunk Lino of Railway also touches, suljcct always to the amendments and provisions hereinafter made : Provided always that nothing in this Actor in the Act here- by extended, shall bo construed to extend the Provincial \\ \ Vi ProTlso. l!^ ! r >■■■ I Provision ns to corpov.ito nnmo, Pircc- tors, Xo. if one of the Compjuilos united l)c the Qrand Trunk Kail- wayCouip'ny of Canada. Prorialon •■! to corporate name. Direc- tor!, cc, if no one of the Oompanles nnlt'd be the OranilTruDk Railway Company of Canada. , 134 Guaranloe to any liailway vliich is not ollicrwisc cntitlccl to llic sanu>. II. And 1)0 it onactovl, 'J'liat if one of tlic Railway Coiiij»anlc.s forming a Union uiulor the Provincial Act first nbovc cited nnd this Act, bo The Grand Trunk liailway Comjmny 0/ Canada, incoi'porated by nn Act of the present Session, chaptcicd thirty-seven, or any Coir,])any formed by tho Union of the said Company with any other, then the corpo- rate name of the Company formed by such Union slmll be The Grand Trunh Railway Comjmny of Canada, and the Directors of the Company so formed shall have the vight of voting by proxy, and other the rights and powers vested in the Directors of the said Grand Trunk Railway Company of Canada, by the Act incorporating the same, and the number of the Directors of the Company formed by such Union shall bo eighteen, (twelve of whom shall be elected by the Shareholders, and six appointed by the Governor of this Pro- vince,) unless and until such Company shall renounce the benefit of the Provincial Guarantee, in which case all the Directors shall be elected by the Shareholders ; and if there shall be at the time of such Union more than six X)irectors of one or both of the Companies forming the same, who have been appointed by the Governor of this Province, then such of the said Directors as the Governor shall designate, shall retire from office, so as to reduce the number of Govern- ment Directors to six; and the Directors elected by the Shareholders of each of the United Companies who shall remain in office until others shall be elected in their stead, shall be determined according to the agreement made by the said Companies under the Provincial Act first above cited and extended. m. And be it enacted. That if no one of the Companies forming such Union as aforesaid, be The Grand Trunk Railway Company of Canada, or a Company formed by the union of the said Company with any other, then the Cor- porate name of the Company to be formed by such Union shall be such as shall be determined by the agreement made under the Provincial Act first above cited and extended between the Companies forming such Union ; and if no one of such Companies shall have Directors appointed by the Governor of this Province, th^n tho number of Directors afler such Union and those of them who shall remain in ofllco until others are elected in their stead, shall bo deter- mined according to such agreement : but if there be Dircc- 185 tors of any one of such Companies appointed by the Gov- ornor, then the number of Directors after such Union, shall be eighteen, of whom twelve shall be elected by the Share- holders and six shall be appointed by the Governor, unless and until such Company shall renounce the benefit of the Provincial Guarantee, in vhich case all the Directors shall be elected by the Shareholders ; and if there shall be at the time of such Union, more than six Directors of one or both of the Companies forming such Union, who have been appointed by the Governor, then such of the said Directors as the Governor shall designate shall retire from c Hce, so as to reduce the nufhber of Government Directors to six ; and the Directors elected by the Shareholders of each of the United Companies who shall remain in office until others shall be elected in their stead, shall be determined according to the agreement made by the said Companies under tne Pro- vincial Act first above cited And extended. '^:^=n*i=x.-'Xi.^^.'.' 16 Victoria, Cap. 37. Pretmble. b ; ! - H ■ 'J j ;, it OertalQ per loni inoor porated. AN ACT To incorporate the Grand Trunk Railway of Canada. [AssBNTKD TO 10th November, 1852.] \l \ Whereas the construction of a Railway fyom the City of Toronto to the City of Kingston, and thence to the City of Montreal, •.vould greatly tend to promote the welfare of this Province ; And whereas the pei'sons hereinafter mentioned are desirous of associating themselves together as a Com- pany for the purpose of constructing such Railway, and that they and their successors and assigns, shareholders in such Railway, may be incorporated and invested with such powers as may enable them etFectually to carry out their undertaking, and it is expedient to accede to their request : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legisla- tive Council and of the Legislative Assembly of the Provinc*^ of Canada, constituted 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 hereby enacted ,^ by the authority of the same. That the Honorable Peter McGill, of the City of Montreal ; the Hon. George Pem- berton, of the City of Quebec ; Thomas G. Ridout and John George Bowes, of the City of Toronto, Esquires ; William Price, of the City of Quebec, Esquire ; John Shuter Smith, of the Town of Port Hope, Esquire ; Henrv LeMesurier, of the City of Quebec, Esquire ; Andrew Jeffrey, of the Town of Cobourg, Esquire ; James Bell Forsyth, of the City of Quebec, Esquire; William Hamilton Ponton, of the Town of Belleville, Esquire ; William Rhodes, of the City of Quebec, Esquire ; David Roblin, of the City of Kingston, Esquire; William Matthie, of the Town of Brockville, Esquire ; George Beswick, of the City cf Quebec, Esquire ; Chauncey H. Peck, of the Town of Prescott, Esquire; Thomas kyaxi, of the City of Montreal, Esquire ; John 137 Counter, of the City of Kingston, Esquire ; Roderick McDonald, of the Town of Cornwall, Esquire ; George Etienne Cartier, of the City of Montreal, Esquire ; Henry Chapman, of the City of Montreal, Esquire ; Alexander Tilloch Gait, of the Town of Sherbrooke, Esquire ; Luther Hanailton Holton and David Lewis McPherson, of the City of Montreal, Esquires ; and Henry Mather Jackson, of the City of London, Es(|uire ; together with such person or per- sons as shall, under the provisions of this Act, become propri- etors of any share or shares in the Railway hereby authorized to be made, and their several and respective heirs, executors, administrators, curators and assigns, being proprietors of any share or shares in the said Railway, are and shall be a Company, according to the rules, orders and directions hereinafter expressed, and shall for that purpose be one Body Politic and Corporate, by the style and title of The Grand Trunk Railway Company of Canada ; and the said Company shall be, and are hereby authorized and empow- ered, from and after the passing of this Act, by themselves, their deputies, agents, officers, workmen and servants, to make and complete a Railway, to be called The Grand Trunk Railway of Canada, from the City of Toronto, through the Towns of Port Hope, Cobourg and Belleville, to the City of Kingston, thence by the route they may find most practicable, through the Towns of Brockville and Prescott, to a point in the Eastern boundary line of the Township of Osnabruck ; thence, in as nearly a direct line as may be practicable, to St. Raphael's, and thence to the River Ottawa, and across the said River to a point between the Lake of the Two Mountains and the Village of St Anne's, and thence to the City of Montreal by such line as the said Company may deem most advantageous ; but the different sections of the said road may be made at the same time, or in such order as the Company may think proper : Provided always, that if the Governor shall, after actual sjurvey, ascertain that the interests of the Province would be promoted by the adoption of »*'y other route between Kinr3ton and Montreal, the said Company shall construct the said Railway on the line selected by the Governor after such survey. II. And be it enacted. That the several clauses of the Rail- way Clauses Consolidation Act, with respect to the first, second, third and fourth clauses thereof, and also the several clauses of the said Act with respect to " Interpretation," Corpora t« name. Railway d** icrib«d. ProTlio. Cartain clauf ei of 14 and 15 Vie. c. (U| Incor- porated with this Aot. 138 Oertatn of the Mid eUoMi mo- difled. I • 1 : r Q«egt. 1 '.• " Incorporation," " Powers," " Plans and Survevs," " Lands and their Valuation," •' Highways and Bridges,^* "Fences," "Tolls," "General Meetings," "Directors — their Election and Duties," " Shares and their Transfer," " Muncipalities," " Shareholders," " Actions for Indemnity, and Fines and Penalties and their Prosecution," " Working of the Rail- way," and " General Provisions," shall be incorporated in this Act, with the following modification of the ninth pvo- vision in the clause of the said Act, with respect to *' Plans and Surveys," that is to say : that lands to the extent of twenty acres may be taken for stationt. depots or fixtures, in any City or Town containing more than five thousand inhabitants; without the consent of the proprietor thereof: and with the exception of the sixth provision in the clause of the said Act, with respect to " General Provisions," in lieu of which it is hereby enacted, that in the event of the Railway hereby authorized to be made not being commenced within one year from the date of the passing of this Act, ot not being completed before the first day of January, one thousand eight hundred and fifty-seven, it shall be lawful for the Govemor-in-Council, by Proclamation, to revoke the Charter contained in this Act, and the same shall thereupon become and be null and void and of no effect whatever, in so far as regards so much of the Railway hereby authorized to be made as shall not at the date of the said Proclamation be completed and opened for public use ; and with the further exception of any enactments in the said clauses which may be inconsistent with the express provisions and enact- ments of this Act in like matters : And the expression, " this Act," when used herein, shall be understood to include all the clauses of The Baihoay Clauses Consolidation Act which are incorporated with this Act. III. And be it enacted. That the Guage of the said Rail- way shall be five feet six inches ; and the fare or charge for each First Class Passenger, by any train on the said Railway, shall not exceed two pence currency for each mile travelled ; the fare or charge for each Second Clisus Passenger, by any train on the said Railway, shall not exceed one penny and one half-penny currency for each mile travelled ; and the fare or enarge for each Third Class Passenger, by any train on the said nailway, shall not exceed one penny currency for each mile travelled ; and that at least one train, having in it Third Class Carriages, shall run every day throughout the length of the line. Amount 11m* ited. Sharei. 139 IV. And be it enacted, That it shall be lawful for the said Ki'iLr' Company to raise and contribute among themselves, in such proportions as to th^m shall seem meet and convenient, a competent sum of money for the making and completing of the said Railway and all such other works, matters ana conveniences as may be found necessary for making, effect- ing, preserving, improving, completing, maintaining and using the said liailway and other works, p/ovided such sum do not exceed the sum of Three Million Pounds Sterling ; and the sum so raised shall be the Capital Stock of the said CoT' any, which shall be divided into shares of Twenty-five P' iiids sterling each ; and each of the persons herein>i ) mentioned, shall be entitled to an equal number of sh in the amount of stock above mentioned if he shall choose to take the same, and if he shall not choose to take the same. Allotment df then the shares to which he is entitled, but shall not choose to take, shall be equally divided among the others if they choose to take them, and so on till each shall have taken the number of shares to which he may be entitled and shall choose to take, and which he shall before the first day of December, one thousand eight hundred and fifty-two, declare to the Directors hereinafter mentioned, his intention to take ; and the said Directors shall issue to each of the per- sons aforesaid respectively, certificates under the Common Seal of the Company, of the number of shares to which he is entitled and shall have taken, and he shall then be the leg,al owner of such shares, and invested with all the rights and subject to all the liabilities of a Shareholder In respect of such shares : and if there be any surplus of shares after §S''PL'i'i.°«f- ,„, , 1, 11 '.*,!. ./» /• Snares now each of the said persons shall have received his certificate tor to b« aiiot- those to which he is entitled and shall have taken, the said ^^' Directors or their successors in office, shall, on or after the day last Aforesaid, dispose of and assign the same to such persons, at such times, and in such manner as they shall think most for the advantage of the Company, and shall deliver certificates as aforesaid to the persons to whom they shall be assigned, who shall thereupon become the legal owners of such shares and invested with all the rights, and subject to f>A\ the liabilities of a Shareholder in respect of ^jl^^'oT'a.o?' such shares ; and each person to whom any share or shares eepunc* of shall be assigned, shall, on receiving the certificate therefor, ^''*"'' •ign an acknowledgment of his having taken such share or t, sh r • shares, which acknowledgment shall be kept by the Directors, MidatBi>r«- and shall be evidence of such acceptance, and that the person ■'''™* Oertlflcate ofSharei. 140 Increaw capital. 1^' Director!. First Direc- tors appoin- ted. Appl of Oi >»pit*l Higning it has taken upon himself the liability aforesaid ; and if any share or shares be disposed of by the Directors at a premium, such premium shall go to the Company as part of «>' the profits ; And whenever the said Company shall deter- mine to raise any further amount of capital, not exceeding together with the amount previously raised, the said sum of Three Millions Sterling, the same may be raised either by the then Shareholders of the Company among themselves, or by the admission of new Shareholders, and in such manner as shall be determined by By-laws to be passed for the purpose; and to the holders of any such additional stock, Certificates shall be issued in the manner aforesaid by the Directors for the time being, and acknowledgments shall be signed by the persons taking such stock, and such certificates and acknowledgments shall have the like effect in law as those hereinbefore mentioned ; and the word " person" in this section shall include and apply to any body corporate or politic, whether municipal or otherwise, or other party who may lawfully hold shares in the stock of the said Company. V. And be it euacted, That the number of Directors of the said Company shall be eighteen, of whom nine shall (afler the Directors hereinafter named shall go out of office,) be elected by the Shareholders in the said Company, who shall have respectively paid up all calls upon the shares held by them in the Stock of the said Company, and nine shall be appointed by the Governor of this Province in considera- tion of the guarantee of the Provi? e to be extended to the said Company, and to represent the interest of this Province in the undertaking, and such Directors shall hold office during the pleasure of the Governor : Provided always, that the said Peter McOill, George Pemberton, Henry LeMe- surier, James Bell Forsyth, William Rhoads, Henry Mather Jackson, Thomas G. Ridout, William Hamilton Ponton and W^illiam Matthie, shall be and are hereby constituted Direc- tors of the said Company, and shall hold their office until others shall, under the provisions of this Act, be elected by the Shareholders, and shall, until that time constitute, with the nine Directors to be appointed by the Gov- ernor, the Board of Directors of the said Company, and shall with them have and exercise all the powers vested in such Board. VI. And be it enacted, That the Capital Stock of the said Company, is hereby directed and appointed to be laid out iMVA\:.M\!it^'M'.^''^-.^:-.'-t-' i-j-.. J^l.,,.l.,;.i.it; 141 and applied, in the first place, for and towards the payment, discharge and satisfaotion of all fees and disbursements for obtaining and passing this Act, and for making the surveys, plans and estimates incident thereto ; and all the rest, residue and remainder of such money, for and towards malting, com- pleting and maintaining the said Railway, and other the pur- poses of this Act, and to no other use, intent or purpose whatsoever, VII. And be it enacted. That the shares in the Capital Stock of the said Company shall be deemed personal '.'state and shall be transferable as such, and shall bo and are hereby vested in the said original Shareholders and their several and respective heirs, executors, curators, administrators and assigns, to their and every of their proper use and behoof, proportionally to the sum they and each of them shall severally i)ay thereupon ; and all anu every the bodies politic, corporate or collegiate or communities, and all and every person or persons, their several and respective heirs, successors, executors, curators, administrators and assigns, who being such Shareholders, shall pay the sum of twenty-f /e pounds sterling, or such sum or sums as shall be demanded in lieu thereof, towards carrying on and completing the said intended Railway, shall be entitled to and receive, after the said Railway shall be completed, the entire and net distribu- tion of the profits and advantages that shall and may arise and accrue by virtue of the sum and sums of money to be raised, recovered or received by the authority of this Act, in propor- tion to the number of shares so held, and every body politic, corporate or collegiate or community, person or persons having such property of one part or share in the said under- uking, and so in proportion as aforesaid, shall bear and pay an adequate and proportional sum of money towards carrying on the said undertaking. in the manner by this Act directed and appointed. VIjI. And be it enacted. That the number of votes to which each Shareholder in the said undertaking shall be entitled on every occasion whien, in conformity to the provi- sions of this Act, the votes of the Shareholders of th ^ said Company are to be given, shall be similar to the number of shares held by him or her not exceeding one hundred, and that absent Shareholders may vote by proxy. IX. And be it enacted. That the first General Meeting of the Shareholders under this Act may be held at such time and at such place in this Province as the Directors may Shares to b« persoDKlty, Ac. Share of each Stock* holder In the pro&ti. Proportion of Totet to shares. ririt Gener'l Meeting 142 ^ ! Annual 0«n< •r«l M««t- ingi. appoint, ader not lesH than fifteen thoimand shares in the Stock of the Haid Company shall have been taken and certifi- oates issued, and Hcknowled^incnts received by the Direc- tors therefor, provided that public notice thereof be given during one month in the Canada Gazette^ and in at least one other paper published in each of the Caties of Torontt>, King- ston, Montreal and Quebi'c, respectively ; and at such first General Meeting the Shareholders assembh'd who have paid up all calls on the Stock held by them respectively, together with such proxies us shall be present, shall elect nine per- sons, being ejich a 8han'holder of tweiily-five or more shares in the sai()«t»»s ns it' th« satjic wore done at (jicneral M«r»'tings ; 'rovided ulwuyH, that it vhall and may bn the Company ; and in no case shall it be necessary to hove the Seal of the Company affixed to any such Promissory Note or Bill of Exchange, nor shall the President, Vice-President, Secretary or Treasurer of the Company, so making, drawing, accepting or endon^ing any such Promissory Note or Bill of Exchange, be thereby sub- jected individually to any liability whatever : Provided always, that nothing in this section shall be construed to authorize the said Company to issue any Note payable to the bearer thereof, or any Promissory Note intended to be circulated as money or as the Notes of a Bank. XXIV. And be it enacted. That if at any time any Muni- cipal or other Corporation, Civil or Ecclesiastical, Body Politic, Corporate or Collegiate, or Community, in this Pro- HI 1 , vinoe, shall be desirous of taking Shares of the Capital Stock of the said Company, or of otherwise promoting the speedy completion of the said Railway, by loans of money or secu- rities for money at interest, or a constitution de rente, it shall De lawful for them respectively so to do in like manner and with the same rights and privileges in respect thereof as pri- vate individuals may do underor in virtue of this Act ; any thing- in any Ordinance or Act, or Instrument of Incorporation of any such body, or in any Law or Usage, to the contrary notwithstanding. XXV. And be it enacted, That should the said Company require to purchase from the Ecclesiastics of the Seminary of St. Sulpice, of Montreal, any land, either on the Lachine Canal or on the River St. Lawrence, or in any other place, for the purposes of the said Railway, it shall be lawful for the said Ecclesiastics to sell and convey the same to the said Company, without advertising and offering the said land for public sale, and without any other formality than is provided by this Act. XXVI. And be it enacted, That it shall be lawful for the Governor-in-Council, at any time after the expiration of twenty -one years, from and after the first day of January next after the 7>assing of this Act, to purchase the said Railway, with all its Hereditaments, Stock and Appurte- nances, in the name and on behalf of Her Majesty, upon giving to the said Company three months' notice in writing of his intention ; and upon payment of a sum equal to twenty years' purchase of the annual profits divisible upon the subscribed and paid-up capital stock of the said Railway, estimated on the average of the seven then next preceding years : Provided that the average rate of profits for the said seven years shall not be less than the rate of ten pounds in the hundred ; ahd the Company, if they shall be of opinion that the said rate of twenty years' purchase of the said average profits is an inadequate rate of purchase of such Railway, reference being had to the prospective profits thereof, m.ay re(|uire that it shall be left to arbitration, in case of difference, to determine what (if any) additional amount of purchase money shall be paid to the said Com- pany : Provided also, that such option of purchase shall not be exercised, except with the consrnt of the Company, Vhile any Order in Council, reducing the tolls fixed and regulated by any By-law of the said Ojmpany, shall be in force. As to lands reqaired from Eccli^ BiaitlciofSt. Sulpice. Her Majeatir may take the Railway af- ter a certain time, and on certain con- ditiona. Proylso. Preyito. 'H !I> WH WFP| I ''' ' ^ ' >^"1 148 ioconoU to b« kept by the <;oin- pany. Amount of guarantee by the Pro- Tlnce limi- ted. XXVII. And be it enacted, That from and after the com- mencement of the period of seven years next preceding the period at wb'ch the said option of purchase will become available, full and true accounts shall be kept by the Di- rectors of the said Company of all sums of money received and paid on account of the said Railway ; and the said Com- pany shall once in every half year, during the said period of seven years, cause a half-yearly account in abstract to be prepared, shewing the total receipt and expenditure on account of the said Railway for the half year ending on the thirtieth day of June and on the thirty -first day of December respectively, under distinct heads of receipt and expenditure, with a statement of the balance of such account, duly audited and certified, under the hands of two or more of the Direc- tors of the said Company, and shall send a copy of such account to the Inspector-General on or before the last days of August and February respectively ; and it shall be lawful for the Governor-in-Council, if and when he shall think fit, to appoint any proper person or persons to inspect the accounts and books of the said Company during the said period of seven years ; and it shall be lawful for any person so authorized, at all reasonable times, upon producing his authority, to examine the books, accounts, vouchers, and other documents of the Company, at the principal office or place of business of the Company, and to take copies or extracts therefrom. XXVIII. Provided always, and be it enacted, That for and notwithstanding any thing to the contrary in the Act passed ia the twelfth year of Her Majesty's reign, and intituled. An Act to provide for affording the Guarantee of the Province to the Bonds of Railway CornjMnies, on certain conditions, and for rendering assistance in the construction of the Halifax and Quebec Baibvag, or in the Act passed in the session held in the fourteenth and fifteenth years of Her Majesty's reign, and intituled. An Act to make 2>'>'ovision for the construction of a Main Trunk Line of Railway throughout the whole length oj this Province, the guarantee of the Pro- vince shall not be given to the Company incorporated by this Act, or in respect of the Railway hereby authorized to be constructed, to en amount exceeding the sum of Three Thousand Pounds sterling for every mile in length of the said Railway: but provided the limits above mentioned bo not exceeded, the said guarantee may, notwithstanding any thing to the contrary in the said Acts, be given to the extent 149 of Forty Thousand Pounds sterling, so soon as it shall be ascertained, by the Report of any Engineer or Engineers to be appointed for that purpose by the Governor of this Pro- vince, that One Hundred Thousand Pounds sterling has be;iiificatiou of Her Majot'ty'H plt^asure, 9t.l» Juno, 1846. The Royftl AbsouI u;iveii by Her Majesty in Council, on the 30th October, foilowinir; ftnd ProolaniHtion maaux .Fames l^uchanun, Thomas Street, C. B. Stuart, P. Wh'tney, W. H. Mer'^ t, James Cummings, Oliver T. Macklira, Janics li. Benson, William Wright, and all persons who shall becoin3 Shareholders in the imdertaking hereinafler mentioned pur- suant to this Act, shall be and they are hereby constituted a body corporate and politic by and under the name, style and title of The Niagara Foils Svspension Bridge Company, with power to unite with any other persons, company or body politic, to construct a suspension or other bridge across IIT the Niaffftra River, at or near the FrUh, with the necessary approacIj.^« thereto with rail, macadainized or other roads, and to oonnoct the saino with any other load now or hereafter to be mmJo •, nnd theHaid ('orporatlun by the name aforesaid 8hall and may, they and their sucoesHors, have continufd suc- cession, and be cafiabii' of contracting and being contracted with, suing and being sued, pleading and being impleaded, answering and being answered unto in all ^Vmrts and places whatsoever in ail manner of actions, suits, complaints, matters ami concerns what-soover ; and they and fheir Hi'.ccosisorB may and shall have a Common Heal, and may change and alter the same at their will and pleasure ; and also that they and their snccoissors, under the said name of The Niagara Falls Svnpen.nim lirklrje (Unapony, iAXixW l)e by law capable of pur- chasing, having inni holding any real or personal estate to and for the use of the said company, and of conveying the same for the benoHt of the said company : i^rovided always, nevertheless, that the value of the real estate so holden by the said company at any one time shall not exceed one hun»T«Tot'i votes proportioned to the number of shares which he or j»He to tt^' shall have held in his or her own name, at least one month J^JJJJ,'",^ prior to the time of voting, according to the following rates, that is to say : one vote for each share not exceeding four ; five votes for six shares ; six votes for eight shares; seven votes for ten shares; and one vote for every five shares over ten. XI. And be it further enacted by the authority aforesaid, cerponUon That in case it should at any time happen that an election of Jy n'^jSluo Directors should not be made on any day when pursuant to choow di- this Act it ought to have been made, the said Corporation j^^diyilp- shall not for that cause be deemed to be dissolved, but it shall p»tat«i, and may be lawful on any day to make and hold an election of Directors, in such manner as shall have been regulated by the by-laws and ordinances of the said Cor- poration. XII. And be it further enacted by the authority aforesaid, Directon That the Directors, for the time being, or a major part of S^.f,{^* them, shall have power to make and subscribe such rules and regulations as to them shall appear needful and proper, touching the management and disposition of the stock, property, estate and effects of the said Corporation, and touching the duty of the officers, clerks and servants, and all such other matters as appertain to the business of the said Corporation : and shall also have power to appoint as many officers, clerks and servants, for carrying on the said Jl 170 Vint UMi inf of Btoek. hol( iidtri. biuiinesii, with iiuch valarien and allowanoeit as to them ihall •^lem fit. Xlll. And be it further enacted by the authority aforetaid^ That on the fourth Monday after the passing of this Act, a meeting of the Stockholdont shall be held at Niagara, who, in the same maimer an liereinbefore provided, shall proceed to elect seven persons to be Directors, who shall continue in such office until the first Monday in June next afler their election, and who during such continuance shall discharge the duties of Directors, in the same manner as if they had been electrcd at the annual election : Provided alwaya, th&^ if •hares to the amount of £1000 of the capital stock of the said Company slitvll not be taken, then the said meeting shall not be held until the amount of stock shall have been taken up, and at least thirty days' notice, theref>f be given in any paper or papers published in the District of Niagara. A IV. And be it further enacted by the authority aforetaidy ^!igSfi09 Tliat the whole capital or stock of the said Company, inclusive of any real estate which the Company may have or hold by virtue of this Act, shall not exceed in value twenty-five thou- sand pounds, to be held in two thousand shares, of twelve pounds ten shillings each ; and that the shares of the said capital stock may, afler the flvst instalment thereon shall have been paid, be transferred by the respective persons, subscribing or holding the same, to other person or persons, and such transfer shall be entered or "egistered in a book or books to be kept for that purpose by the said Company. XV. And be it further enacted by the authority aforesaidy iBttitimnto' That SO soon as Directors have betin appointed, as aforesaid, it shall and may be lawful for them to call upon the Stock- holders of the said Company, by giving thirty days' notice thereof in any paper or papers pumished in the said District of Niagara, for an instalment of ten per cent, upon each share which they, or any of them respectively, may sub- scribe; and that the residue of the sum or shares of the Stockholders shall be payable by instalments, in such time and in such proportions as a majority of the Stockholders, at a meeting to be expressly convened for that purpose, shall agree upon, so as no such instalments shall exceed ten per cent., nor become payable in lei;s than thirty days after public notice in the paper or papers, as aforesaid : Provided always, that the said Directors shall not commence the con- struction of the said Harbour, wharves and docks, or railway, until the first instalment shall be paid in. Stooktoiba e^Otti laky Ill XVI. And bt it furtkfr enacted by the authority aforetaid, stock forfoit- That if any Stockholder or Stockholders, as aforesaid, ahall ^uitTp.?'. refuse or neglect to pay, at the time required, any mich in- «•»« <>'«»- HtalmcBit or instalments as shall be lawfully reqtiirod by the aBiied*'for. Directors, as due upon any nhare or shares, such Stockhohler or Stockholders, so refusing or neglecting, shall forfeit such share or shares, as aforesaid, with any amount which Nhall have previously been paid thereon, and that the naid share or shares may be sold by tnesaid Directors; and the sum arising there- from, together with the amount previously paid in, shall he accounted for and applied in like manner as other moneys of the said Company : Provided always, that the purchaser or purchasers shall pay the said Company the i. ount of the mstalment required, over and above the purcliase money of the share or snares so purchased by him, her or them, as ^ aforesaid, immediately after the sale, and before they shall be entitled to the certificate of the transfer of such shares so purchased as aforesaid : Provided alxoayt, that thirty days' notice of the sale of such forfeited shares shall be given in any newspaper or newspapers published in the District of Niagara, and that the instalments due may be received in redemption of any such forfeited share at any time before the day appointed for the sale thereof. XVII. And be it further enacted by the authority aforesaid, That it shall be the duty of the Directors to make annual dividends of so much of the profits of the said Company as to them, or the majority of them, shall seem advisable ; and that once in each year an exact and particular statement shall be rendered of the state of their affairs, debts, credits, profits and losses; such statements to appear on the books, and to be open to the perusal of any Stockholder, at his or her reason- able request. X Vlll. And be it further enacted by the atUhority aforeaaidj xhi» to b« That this Act shall be deemed and taken to be a public Act, pJlSS*^*^ and as such shall be judicially noticed by all Judges, Jus- tices of the Peace, and oth<"r persons, without being specially pleaded. XIX. And be it further enacted by the authority aforesaid, After flftj That at any time after fifty vv.irs after the making and com- J",*"^^ pleting the said Harbour, His Majesty, His Heirs and Sue- asanme^e cessors, may assume the possession and property of the ?i?e^rbow for the purposes of the said Company, or for the damages *«. ^ py- Direotora to deeUre tb« dividend*. And to ren- der «nM- count of tb« affaire of th« Company annually to the Stock- boldera. 172 Tolta thare- after tAb« Mid U: th* MMlvar GoMrai. How to ba •OMUtod far. bAme, and of all and every the work and dependencies thereto belonging, upon paying to the said Company, for the use of the Stockholders thereof, the full amount of the then respective shares, or of the sums furnished and advanced by each subscriber towards the making and completing the said Harbour, wharves, wet dock and dry dock, or railway, lx>gether with such further sum as will amount to twenty- five per cent, upon th3 moneys so advanced and paid, as a full indemnification to such Company ; and the said Harbour, wharves, wet dock and dry dock, or railway, shall, from the time of such assumption in manner aforesaid, appertain and belong to His Majesty, His Heirs and Successors, who shall from thenceforth be substituted in the place and stead of the said Company, upon the conditions and subject to the provi- sions of any Act of the Legislature of this Province that may be passed respecting the same : Provided always^ that it shall not be lawful for His Majesty, Hia Heirs or Succes- sors, at any time after the expiration of the said fifty years, to assume the possession and property of the said Har- bour, wharves, wet dock, dry dock, or railway, with their appurtenances as aforesaid, unless it shall appear from the accounts of the said Company, to be for that mtent laid be- fore the Legislature, that the Stockholders of the said Com- pany have received every year, upon an average, the sum of twelve pounds ten shillings fbr- every hundred pounds they shall be possessed of in the said concern. XX. And be it further enacted by the authority aforesaid, That from and after the period when the possession of the right, interest and property, in and to the said Harbour, wharves, wet dock and dry dock, or railway, shall have been assumed by His Majesty, His Heirs and Successors, as here- inbefore authorized, all tolls and profits arising therefrom shall be paid into the hands of His Majesty's Receiver Gen- eral, to and for the public uses of this Province, at the dispo- sition of the Legislature thereof; and shall be accounted for to Hib, Majesty, His Heirs and Successors, through the Lords Commissioners of His Majesty's treasury, in such manner and form as His Majesty, His Heirs and Succoasors, shall be gra- ciously pleased to direct : Provided nlway(9, that the said Harbour, wharves, wet dock, dry dock or railway, shall be commenced within one year, and completed within five years afl«r the passing of this Act, otherwise this Act and every matter and thing herein contained, shall cease and be utterly null and void. ^K 173 XXI. And he it further enatted by the avihorUy aforesaid, ah Govern - That all ships, vessels, rafts or other craft, owned by, S«y*ule*the belonging to, or in the use and occupation of the Parent or Hwbour toii Provincial Government, shall from time to time have free access and privilege cf occupancy, and sheltering under and using the privileges, safeties and advantages, of the said Harbour and wharves, wet dock, dry dock or railway, without being subject to any charge for toll or dues what- soever. «'>'■, «w9 .St,*.*,!!?^ ; i "Tsi^m^sr, 14th roperty in the said Act referred to, which has been or may (ler the said be sold imder the authority of the said Act, from or after the ^*''* time of such s*! ?, or against any purchaser thereof; and that nothing in t'\- ?\^ A'-X or in the said sixth Section was in- tended or shall Ui const «ued cc give to any such Creditor any such claim or recou.':8. Company not to bave any claim 16th ViCTORiyE, Cap. 62. AN ACT To authorize the construction of a Railway from Gull to Guelph. [Passed 10th Nov., 1852.] .-i'j.'-i\ • I Certain p«r- gona incor- porated. Whebeas it 18 highly desirable that a Railway should be Preambio made from the 'i'erminus of the Great Western Railroad, at the Town of Oait, to the Town of (JJuclph, and the persons hereinaffcer mentioned have petitioned to be incorporated for that purpose : Be it therefore enacted by the Queen's Most Excellent M^esty, by and with the advice and consent of the Legislative TJouncil and of the Legislative Assembly of ^jie Province of Canada, constituted and assembled by V irtue 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 hereby e:;dcted by the authority of the «»me, That Isaac Buchanan, Wm. P. McLaren, H. McKin- stry, Richard J uson, Edward Ritchie, Alexander Campbell, Wm. L. Diston, John Youi;^:, »/eo. S. Tifiany, John lisher, Hector Munro, Andrew Stuart, all of the City of Hamilton, Esquires, Doctor James Hamilton, of West Flamboro', John G. Grange, Absalom Shade, Andrew Elliott and Wil- liam Dixon, all of the Town of (Talt, Esquires, Jacob Hes- peler, of the Village oi" Pre-ston, Esquire, and together wiih such other persons as shall under the provisions of this Act become subscribers to or proprietors of any share or shares in the Railway, hereby authorized to be made, and their several and respective heirs, executors, administrators, (.'ura- tors or assigns, being proprietors of any share or shares in the said liailway, shall be, and are hereby united into a (Com- pany for constructing, maintaining and working the said Uaihvay, according to the Rules, Orders and Directions of this Act, and shall for that purpose be one body corpt^rate and politic by the name and style of The Gait and Guelph Railway Conijyanjf ; and the said Company shall bo, and are ^M'-f< i. Ir ■-"- 178 Corporate name and poweri. Ouage. Stock to be raised. Books vf sub- scription to be opened. I, ! Notice. Amount o{ Stock. To whatpur- l>o9f H to be applied. hereby authorized and empowered from and after the passing of this Act, by themselves, their deputies, agents, oflicers, workmen and servants, to make and complete a Railway to be called Th« Oaltand Onelpk Raihvay, from the Terminus of the Gait Branch of the Great Western Railroad in the Town of Gait, to the Town of Guolph, upon such lino as may be found most advantageous for the purpose, the said line being first approved by the Governor in Council. II. And be it enacted, That the Guage of the said Railway shall be five feet six inches. III. And be it enacted. That it shall be lawful for the said Company to raise and contribute among themselves, in such proportions as to them shall seem meet and convenient, a competent sura of money for making and completing the said Railway, and all such other worky, matters and conve- niences as may be found necessary for making, effecting, pre- serving, hnproving, completmg, maintaining and using the said Railv'iij^ and other works ; Provided always, that the parties hereinbefore named, or a majority of* them, shall cause books of subscription to be opened in the City of Hamilton, and Towns of Gait and Guelph and elsewhere, as fhey may frcin f-mo to time appoint, until tlxe first meeting '^f Slianiholders hereinafter p-nvided for, for receiving 'he .■signatures of persons willing to become subscribers to the 8". it.' undertaking, and for this purpose they shall give public notice in the Canada GaznUe^ and such other nev'spapers as they or a majority of them may think [>roper, of the time and plac^ at which sut^h books will be opened and ready for receiving signatures as afbrf^said, .u fj of the persons by them authorized to i-eceive such sul)soription8 ; and every person who shall Avrito his or her .signature in such book lis a subscri- b'-r to the said undertaking, shall thereby Ijcoome a member of the .said (>:uTipany, and shaii have the same rights and p-'t^ileges as such, as ae hereby conferred on the several persons who are herein mentioned by name as Members of the said C/onipany. IV. And be it enacted, That the sum so to be raised or subscribed shall constitute the Capital Stock of the said Company, and shall not exceed in the whole the sum of one hundred and forty thousand pounds currency ; and the money so to be raised and subscribed is hereliy directed and ap- jtointed to be laid out and applied in the lirst place, for jmying and disciiarging all foes and disbursements for obUining and passing this A;>t, and tor making the plans, surveys and esti- 179! i3 mates incident thereto, and all the rest, residue and remain- der of such money, for and towards making, completing and maintaining the said Railway and other the purposes of this Act, and to no other uae, intent and purpose what- ever. V. And be it enacted. That the said Capital Stock of the said Company shall be divided into shares of twenty-five pounds currency, each, and each holder of or subscriber for any share or shares shall have a part of the profits of the said undertaking proportionate to the number of shares he shall hold or have subscribed for, and shall pay a part of the expenses incurred in carrying this Act into effect, pro- per tioi^ate to the number of shares he shall hold or have sub- scribed for. VI. And be it enacted, That the first general meeting of the subscribers to the said undertaking shall be held at the City of Hamilton, whenever one hundred shares in the Capital Stodc of the said Company shall have been bona fide subscribed for, and at such meeting nine persons, being each a subscriber for at least twenty i^hares, shall be chosen Directors of the said Company, to hold their office until the first annual meeting of the Shareholders ; and due notice shall be given of the time and place of such first meeting by the persons hereinbefore appointed, in the manner provided for with regard to the notice to be given by them touching the books of subscription. VII. And be it enacted. That the annual meetings of the Shareholders of the Company shall be held at the place and on the day in each year to be fixed by the By-laws of the Company, by which also the mode of calling Special Meetings of the Shareholders shall be fixed, and all other matters and things relative to the manner of conducting and managing the business and affairs of the said Company, for which no special provision is made by this Act, but no such By-law shall be inconsistent with the provisions of this Act, or with those of the Acts lelative to the Great Western Railroad Company, which are hereinafter extended to the Company hereby incorporated, or with the laws of this Province. VIII. And be it enacted. That all the provisions of the Act of the Parliament of Upper Canada, passed in the fourth year of the Reign of His late Majesty King William the Fourth, and intituled, An Act to incorporate the London and Oore Railroad Company^ and of the Acts of the Parliament of this Province, reviving, extending or amending the jiame. Amount of each share. FifBt general meeting. Notice. Annual meetings. Special meetings. And other matters to be provided for by By- laws. OertAin pro- Tisions of tbu Acts re- lating to the Great West- ern Railroad Company in- corporated with this Act 180 or relating to the Company thereby incorporated, and now called the Great Western liailroad Company, which shall be in force at the time of the passing of this Act> and shall not be inconsistent with this Act, or provide for matters provided for bv this Act, shall be and are hereby incorporated with this Act, and shall extend and apply to the Company hereby constituted and the Railway which they are empowered to make, as ful-^ and eifectually as if the said provisions were herein repeated and re-enacted with respec't to the said Company and to the siiid Railway. Company I^. And be ii enacted, That the said Company shall have may borrow power to borrow money to an amount not exceeding in the money. whole the sum of fifty thousand pounds, but, except only as regards the amount to be borrowed, the provisions of Acts above referred to as to loans raised by the Great Western Railroad Company, shall apply to those raised by the Com- V hereby incorporated. Public Act. X. And be it enacted, That this Act shall be a Public Act. 16th Victoria Cap. 101. v!i AN ACT To incorporate the London and Port Sarnia Railway Com- pany. [Passkd 22nd April, 1863.] WiiKRKAs it is highly desirable that a Railway should he rreambu. made from. Port Sarnia to intersect the Great Western Railroad at or near the Town of London, and the persons hereinafter mentioned have petitioned to be incorporated for that purpose : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act jiassed in the Parlia- ment of the United Kingdom of Groat Britain and Ireland, intituled, An Act to re-unite, the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same. That Robert certain per- William Harris, of the City of Liverpool, Merchant, John "OMjncorpo. Masterman the younger, of the City of London, Banker, Samuel Laing, of the City of London, Member of the House of Commons, Peter Buchanan, of the City of (Jlasgow, Mer- chant, W. M. McLaren, of the C'ty of Hamilton, Merchant, Isaac Buchanan, of the same place, Merchant, Richard J uson, of the same place. Merchant, John Young, of the same place. Merchant, George S. Tiffany, of the same place, Barrister, Henry McKinstry, of the same place. Banker, Edmund Ritchie, of the same place, Esquire, J oseph Currau Morrison, of the City of Toronto, Es shan\s of Twenty five *26«''«h,*c. Pounds currency each, and each holder of oi- subscriber for any share or shares shall have a part ol" all the profits of the said undertaking, proportionate to thirector». of the said Company shall have been bonvijide subscribed for, and five per centum paid thereon as hereinafter provided, and at such meeting nine persons, being each a subscriber for at .fio^ least forty shares, who shall have paid five per centum thereon, ' " ' shall be chosen Directors of the said Company, to hold their office until the first annual meeting of tl e shareholders ; and due notice shall be given of the time an I place of such first noUm. meeting, by the persons hereinbefore appointed, in the manner provided for with regard to the notice to be given by them touching the books of subscription. VII. And be it enacted, That the annual meetings of the Annual oen- Shareholders of the Company shall be held at the place and on ing». the day in each year to be fixed by the By-laws of the said Company, by which also the mode of calling special meetings SpecW of the Shareholders shall be fixed, and all other matters and ^••""8* ^> •n^ ""^a> IMAGE EVALUATION TEST TARGET (MT-3) 1.0 1.1 e; lit £ us 2.0 1.8 1.25 111.4 1.6 = 11^ ^ ^ fj> ► ^. <^ om, >> Photographic Sciences Corporation 23 WIST MAIN STREET WEBSTER, N.Y. MSM (716) 872-4503 m fMOMtlon •lut than an- tar on tha Und ra« qnbad^ u; **a»' •,Vfl:>',,, tiiuogs relative to the manner of oonductuw tmd managing the >U9me8s and afifdra of the said Company, for vhigh no special iNTovl^on is made by th|s Act; ]t}ut no such By-W Swul he Tnoonie^Btent with the provision^ of this Aot,or with thoseof tKe Acts relative to the &reat Western Railroad Company which are hereinafter extended to the Company hereby incorporated, or wiih the laws of this Province. yill. And be it enacted, That all the provisions of the Act of the Parliament of Upper Canada* passed in the fourth year of the Beign of His late Majesty King William the Fourth, and intituled, An Act to inewrporaU (he Lomhn find Ghre Mailroad Company ^ and the Acts of the P|irli«ment of this Province, reviving, extending or amending the same, or relat- ing to the Company thereby incorporated and now called " The Great Western Bailroad Company^" which shall be in force at the time of the passing of this Act, and shall not be innsistent with this Act, or provide for matters prpvided for by this Act, shall be and are hereby incorpwated with this AQt, and shall extend and apply to ihe Compapy Vreby constituted, and the |lailway wnioh they are enapowered to make, as fully and efTectuaUy as if the said provisions were herein repeated and re-enacted with respect to the said Com- pany and to the said Railway ■, ^d all the provisions of the said Acts which are so incorporated with this Act, shall be intended and ihduded by the expression "this Act*' whenever it is used herein. IX. And be it enacted, That the said Company shall iiyave the power and authority to borrow money, from time to time, for making, coippletiug, maintaining and working the s^d Railway aa they may think advisaUe, and to pledge the lands, tolls, fjevenues and other property of the Corgipany for t^edue |iayttient tliereof. A. And be it enacted. That for and notwitlutanding fviy Acto 0^ Parliament of tjds Province, or of the late Province Of tlppoir ptyoada, incorporating the Great Western Ilailroad Conip|Uiiy,.or amending the same, and hereinbefore mentioned ttad I'eiferfetd to, in case an^ dispute cr disagreement sh^ atise between the ,s84d Company and the owner or occupier of any lands or grounds, or privileges appertaining thereto, wliich may be required or shall be taken for the uses or oon- venienoes bf the sajd Railway, as to the value of the l^md or iroiibd 40 takefi (wd privil«ges appcurtaini^g and damages done thereto, it shall and niay be lawful, and tlie said Com- mi-^^' W«f^!t9,HR%; x^^ e e |>ier jof Jttob Isnda orgrpunda and privil^es aforesaid, such Kkva. or suma of money aa coi^pcniaation therefor, as the said ComiMHiy may consider reasooable and just ; and in case an arbi^iion or suit be had thereon by reason of such owner Br whioh or ocoupier joot accepting such sum or compensation so tender- wiuot\nr ed, and no greater sum oe awarded or allowed to such owner ^^*5i*'^j pr occupier W the Arbitrators appointed to nettle, or the Jxiry empanelled to try the same, tlian the amount of com- pensation so tendered, then the said owners or occupiers of such lands, grounds <)r priyileges, shall pa^ and discharge all coats and cMigea attending such arbitration or suit, and if any greater sum be awarded or allowed by such Arbitrators * 0r Jwrj) (ban the amount so tendered, then the Company abaU pay all costs attending such arbitration or suit, and also Huck additional sum as may be so awarded or allowed by such Arbitrators or jury for the land, or ground, damages, or raivileges so taken by the said Ccmj^any. Xi, And be it enacted. That the said Company shall, as if the mim soon as may be after maxing such tender, (if the same be ^"l^plJ^ not accepted,) p9>y the amount or sum so tendered into the thecomp'ny office of either oi the Superior Courts of Common Law in toto j^ort. IJppier Canada, for the use o^ tlie owner or occupier of such Ifnd, or suKdi party as may be entitled by law to receive the aam9t and immediately on such payment being made, cm the anm to tendered deposited with the officer of such Court, it shall and may be laiwful for the said Company, and they are hereby Mitl^riced and emj^wered, forthwith to take poss'^ssion of theJand or ground m qjuestion, and to hold the same for the uiiea fyr ,7hiQh,they ma^ rec^uire the same ; and if any resist- RMatenoe f^lce or forcibjle (Opposition shall be made by any person to *^,^P*"y iiiieir so dQh:^,,it shall and may be lawtul for the Judge of MwuSi'hair ^y Opunty CouH in Upper Canada, on proof to his satisfao- !»**«»«». tion of vam tender being made and compensation money de^Kisited as.aforesud, and that immediate possession of the l^nd is rei^^ed by the said Conojpany, to issue his Warrant tod^e She»ritf of the County or Unit^ Counties in which the ia^d may I^pr tp a Bailiff as he may deem most suitable, itopnt l^e said Company in possession and to put down sudi ^iWstance or opposition. li^Jtlt And be it enacted. That whenever any^ sum or sums ^'2J^y^*l Pf money shall b<» awarded or agreed to be paid by the said itoMi of u ^ Company for any land taken by them which might be taken »>i'»*«»*^ without the consent of the proprietor for the uses of their l^i^lKayt tiha^ sum vsp awarded or agreed upon shall be the •II IM ! ProTiM : if thaOomiway prio« into OAurt, and the Court ■luU dbtri- bat«it MBonK th« olftimintt. ; 1 , i^^^^^^KJi ; i ^^ : i ■ > \ compensation to be paid by them for the said Idnd, and shall stand in the stead of such land, and any claim to, or incumb- rance upon the said laud, or any portion therefof, shall as agftimt the Company be converted into a claim to the compensation, or to a lilce proportion thereof, and they shall be responsible accordingly whenever they shall have paid such compensation, or any part thereof, to a party not entitHed to receive the same, saving always their recourse against such party ; Pro- vided that if the Company shall have reiison to fear any (aar incom-' claims or incumbrances, or if any party to whom the 06m miijp!gr*tha pcnsation or annual rent or any part thereof shall be payable, shall refuse to execute the proper conveyance and warranty, or if the party entitled to claim the same cannot be fouled Or be unknown to the Company, or if for any other reason the Company shall'deem it advisable, it shall be lawAil fbr them to pay such con^nsation into the office of either of Ibe Su- perior Courts of Common Law for Upper Canada, with the interest thereon for six months, and to deliver to the CSerk of the Court an, authentic copy >(^ the conveyance, or of the ^'l' award or agreement if there be no conveyance, and such award or agreeme^nt shall thereafter be deemed to be the title of the Company to the land therein mentioned ; and a notice in such form and for such time as the said Court shall appoint, shall be inserted in some Newspaper, Hf there be any) pub- lished in the County in which the land is situate, which shall state that the title of the Company, that is the convevanoe, agreement or award, is made under '|Ji^ Act, and shall call upon all persons entitled to the lattd^ OfT f^y part thereof or representing or being the husbands of any parties so eilititled, to file their claims to the compensation, or iiHir part thereof, and all such claims shall be received and adjuH%#dl upon bv the Court, and the said proceedings shall for evei^ bar tSu claims to the lands, or any part thereof, including doWek*^ te well as all mortgages or Incumbrances upon the same i and the Court shall make such order for the distribution, pay- ment or investment oftheoomponsation and ibrthe 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 ootta. appertain ; and the costs of the proceedings or any part thereof shall be paid by the Company or by any other partv ivtwiwto. as the Court shall deem it equitable to order ; and if such order of distribution as aforesaid be obtained in less than six months from the payment of the compensation into Court, the Court shall direct a proportionate part of the interest to IBl be returned to the Company ; and if ^om any error, fault or ntaglect of the Company, it shall not be obtained until atler the six months are expired, the Court, shall order the Coin- papv to pay to the proper claimants the interest for such fu*-ther period as. may be right. XIII. And be it enacted, That from and after the passing of jadge of a this Act, if the Arbitrators who shall be named and appointed ^""{f^^**) by the said Company hereby incorporated, and the owner or the^tbird or occupier of any land required and taken by the said Company ^ri^oOTt'to for the uses and conveniences of their Railway, cannc^t agree wne*- at their first meeting upon a third or fifth Arbitrator as the case may require, to act with ihem in valuing the said land and the privileges and damages thereto, it shall be lawful for the Judge of the County Court for the County in which such land is situate, to namo and appoint such third or fiilh Arbi- trator as the case may require, which Arbitrator so named by such Judge, shall have and possess all the same powers and authority as if he had been elected and chosen by the Arbitrators named by such Company and the owner or occu- pier of such land. XIV. And be it enacted, That the Directors of the Great p,oy|,jon Western Railroad Company shall have and are hereby for union of invested with full power and authority, at any time hereafter ^^^'oreSt' with the consent of the Directors of the London and Port ?[•,•**"' Sarnia Railway Company, or at any time after the comple- company. tion of the said Railway with or without the consent of the said Directors of the London and Port Sarnia Railway Com- pany, by a By-law or By-laws of the said Great Western Kailroad Company to that eifeot, to incorporate the Capital Stock of the said London and Port Sarnia Railway Com- pany with the Capital Stock of the said Great Western Rail- road Company, on ^qual t^rms with the Capital Stock of the said Great Western Railroad Company, and from thenceforth the same shall be one and the same Stock, and the said Lon- don and Port Sarnia Railway shall become part and parcel of the Great Western Railroad as if originally constructed by the said Great Western Railroad Company, and subject to all the regulations of the said Company in the same manner as other portions of the Line of the said Great Western Rail- road, and the Capital of the Great Western Railroad Com- pany shall be increased accordingly, and from the date of such amalgamation of the said Capital Stock and Line of road of the said London and Port Sarnia Railway Company with those of the said Great Western Railroad Company, so •^1 Pablte Aet. 18S mndih of this Act ss ttOlf \k 1nciiitdnt Jr{^ ifkii itliM^- ' mation, shall cease end determfde, but any j^roviirions thereof not 80 inconsistent shall remain in Ibrte a^d sfadl ftj^pfy t6' the Line of Railway hereby authbriced^ and to the wflftt Western Railroad Company, and the BifoetorS; Officfsm lind Agents thereof. XV. And be it enacted, That this Act shall be 8 PW)lld| J Act. :..>,»«(. !1iyrt"*Uf* Jv ; r '■H ui5 . : !oh 11'^ : ivifte' -Mi (• ':y[ 16th Viotobi^ Cap. 102. AN ACT 7h ineorporati th§ Hamilton and Port Dover Railway Com- pany, [A883NTBD TO 22nd April, 1853.] Whxrkas the •onstruotion of a Railway oonneoting the waters of Burlington Bay, at the City of Hamilton, witfi the waters of Lake Erie, at or near to Port Dover, must conduce greatlv to the welfare of the inhabitants residing on the line of 8U(Ui Railway and in the surrounding country; And whereas Robert William Harris, of the City of Liverpool, Mer- chant, John Masterman, the younger, of the City of London, Banker, Samuel Laing, of the City of London, Member of the House of Commons, Peter Buchanan, of the City of Glasgow, Merchant, Isaac Buchanan, of the City of Hamilton, Mdrchant, Edmund Ritchie, of the same place, Esquire, Andrew Stuart, of the the same place,Esquire, Hector Munro, of the same place, Esquire, W. P. McLaren, of the same Pnuibto. rt.t Slace, Esquire, Sir Allan N. MacNab, of Dundurn, Rarrisiw, ames Ritchie, of Simcoe, Merchant, and William 1C< Will- son, of the same place, Esquire, have pray«<) to b>e inopr|' '>'- ated with the powers requisite fpr making and malpUiJunsr nuoh Railway : Be it therefore ^i|i|ict«d i>y the Qu«^*8 Mo^^ Excellent Majesty , by $tA iHth ^ ifdvloe and oonsfnt of tiM| Legislative Coiirdl a^ of this ticgii^atiTe Assembly of the P^tj^ of Cmmm)% oon^tttt^ Wjd «a^ by ▼iaMflit 'V **^ UA^ the authoritY of iw Act parsed in the Fav^iii^ df 1^ tJm^ Kingdom of Great Britain and ibiilNBi&^iH^ intiiilied) An Act to re-unite the Provinces of iMptd' ^ttid'''JUi^ Canada, and ^r the Government of C^Uflijjit Im4 It is hereby enacted by the authority of the oeruin par s«i|tt4li, fltat the said Robert William Harris, John Masterman J2,"tS3!*' Samuel Laing, Peter Buchanan, Isaac Buchanan, Edmund, Ritchie, Andrew Stuart, Hector Munro, W. P. McLaren, Sir AUan N. HacNab, James Ritchie, and William M. Willson, t<^etiher with such person or persons, Corporations and Muni- cipalities, as shall, under the previsions of this Act, become I 190 Oorporato Certain daoMi of 14 * 10 V. c. 01 IneorporaUd with ttali AoW Une of Rail- way deiorlb- •d. form of de«dt con> Toying land* to th« Com- pany. Rogiittratiott '•« to Rofii- trar. Capital Stocic; Sbaroi. AppUcatloa. Shareholders in mich Company as is hereinafter mentioned, shall be and are hereby nrdained, constituted and declared to be a body corporate and politic, in ivith the said Railway. ' VI. And be it enacted, That within one month afler this rint a«Mr. Act shall be passed, a General Meeting of the Shareholders *' ^••*^- shall be held at the City of Hamilton, for the purpose of pitting this Act into eifect, which meeting shall be called by aay five of the persons named in this Act, ten days' public ''<**'**• ntftioe thereof being given by being published in the News- K>pers of the said City of Hamilton, at which said General aeting, tiie Shareholders present having paid five per cent., on their Stock subscribed, shall either in person or by proxy, dkoose nine Directors in the manner and qualified as here- Biaoti^nef iiiaAer mentioned, who, together with the ex-offioio Directors uiMctor«, as provided by the Railway Clauses Consolidation Act, Sffl^?™ *' shall hold office until the nrst Annual General Meeting for the election of Directors, and until others are elected in their stead. 'VP. And be it enacted, That on the second Monday in Jttne iii eai^ year, at tfao C^ty of Itamiltcn, at the Office of thJe dojmpany, there shall be chosen by the Shareholders nine Directors in the manner hereinafter directed ; and public nbtioe of Such Annual Election shall be published one month before the day of election in any two Newspapers published in the City or Hamilton, and also once fifteen days before th^ election in one newspaper in each Town upon the Line of the sAid {load ; and all elections for Directors shall be by balloit, attd the petsons who shall have the greatiest number of T0lt6s 4t any election shall be Directo)^ ; and if it shall hap- peh tl^ two or more shall have an equal number of votes, thd Bhaarehdldera shall detem^ine the election by another or o^et votes until a choice is made ; and if a vacancy shall at an;^ time happen among the Directors by death, resignation, oir tdmoval, from the Province, such vacancy shall be filled for the remainder of the year by a majority of the Directors j and that the said nine Directors with the said ex-offido Directors shiill form a Board of Directors. ' '/, ^^ ';^ Vnt And be it enacted. That the number of Dw^tiSf'fi whioh^^hall form a quorum for the transaction of busing may be i^i^olat^ by the By-laws of the Company, and until such By-laws shall be passed, a majority of the Directors shall form such quorum ; Provided, that the Directors may employ one of their number as a paid Director. Annual Q«n« trftlMMtfg* Kotke. IClactioni to be bjr baUot met. .■■..■-,'f Vacaneln bow SIM Board form* •d. Qoonun of vlncton. Paid Dine- tor. QB>m>n»l>n •f DlNetvn. U 111 OkllallalM 9m ▼•toal- MMh Hum. CoBptny ■ay bMoiM BrMM to la of az- cb«H*MA Xof 'S »a4 .firifiA ?'.■) ProTlw. MbltoA«t. •,*-;-y : 192 IX. And be it enaoted, That the peraoiu qualified to be elected Directors of the aaid Company, under thia Act, shall be any Shareholder holding Stock to the amount of One Thousand Pounds, who shall have paid up all calls on such Stock. X. And be it enaoted, That no call of money fWnn tfai Shareholders shall exceed ten per cent on their shares. XI. And be it enacted, That each Shareholder in Us own right shall be entitled to a number of votes equal to tiie number of Shares which he shall have in his name two wedw prior to the time of votino. • XII. And be it enaoted, lliat the said Company shall have power to become parties to Promissory Notes and Bills of Exchange, for sums not less than Twenty4ive pounds, and any su<£ Promissory Note made or endorsed, umI any sodk Bill of Exchange, drawn, accepted or endorsed by the Presi- dent or Vice-President of the Company, and countersigned by the Secretary and Treasurer, and under the authority of a majority of a quorum of the Directors, shall be binding upon the Company, and every such Promissory Note or Bifl of Exchanse made, drawn, accepted or, endorsed by the Pre* sident or Vice-President of the said Companv, and counter:', signed by the Secretary and Treasurer as such, either before' or after the passing of this Act, shall be presumed to havf)^ been properly made, drawn, accepted or endorsed, as thiii case may be, for the Company, until the contrary be shewn ; and in no case shall it be necessary to have the Seal of the Company ailixed to any such Bill of Exchange or t^i^miipoij Note, nor shall the President, Vice-President, or, the SeQ>^| retary and IVeasurer of the Coinpany so making, drawinji,^ accepting or endorsing any such Pr(»nis8ory Note or Bill or , Exchange, be thereby subjected individnally to any liabili^i whatever; Provided always, that nothing in this Section shall be construed to authorize the said Company to issve any Note payable to bearer, or any ' Promissory Not^. , intended to be circulated as money, or as the Notea of j|^ Bank* Xm. And be it enacted, That the Guage of the said Bai^ t way shall not be broader or narrower than five feet «.x Indbea. ZIV. And be it enaoted, That this Act shall be » Publie Act. 108 . i-ic<». SCHEDULE A. Know all men by these presenU, Th*t I, of {insert th* nam* oftht wife al$o if the it to relttue htr Dower^ or for amy other reaeon to Join in the conveyance,) do hereby, in oonrideration of paid to me {or as the eate may be) by The Hamilton and Port Dover Railtoay Company, the receipt whereof is hereby acknowledged, grant, bargain, sell, oonyey and confirm unto the said Hamilton and Port Dover Railway Oompanv, their successors and assigns for ever, all that certain parcel or tract of land situate {deecribe the land^ the same having been selected and laid out by the said Cora- panv for the purpose of their Railway, to have and hold the said land and premises, together with the hereditamenta and apjpurtenances thereto to the said Hamilton and Port Dover Rulway Oompany, their successors and aHsigrks for ever ; if th§re be Dower to be released, add) *' and I {name of wife) hereby release my Dower on the premises." Witnea* my {or our) hand (or hands) and seal {or seals), this day of one thousand eight hundred and Signed, sealed and delivered in presence of A. B. [l. s.J {And if the wtfe join) CD. [l. s.J ViVi> %^'i .-.jf ei»ft .tvr I. V V '\- ■tin In Of- fle* until Btxt annul iBNtlnf. itock in the said Company^ to vote on the asme, and to be eligible to office in the said Company. VI. And be it enacted, That it shall and may be lawful for the said Buffalo, Brantford, and Qodertch Railway Com- pany to increase the CapitAl Stock of the said Company, by such sums as may be required to enable them to complete the said Bailway from the Niagara River, at or near Fort Erie in the Township of Bertie, to the Town of Goderich afore- said, via the Towns of Brantford, Paris and Stratford, afore- said, anu for the completion of the works necessary for the efficient working and maintaining of the said Bailway ; pro* vided the whole Capital Stock of the said Company ahall not at any tiir.e exceed the sum of one million pounds ; aiid the said Capital Stock shall be divided into shares of five pounds each ; Sind such increase of Capital Stock may be effected either by the admission of new subscribers or diare- holders, or the additional sum may be raised by subscription among the present shareholders, or such increase may be effected in both the said ways. VII. And be it enacted, That any party or parties holding stock in the Company hereby incorporated to the amount of one hundred shares, or any amount less than one hundred shares, shall at the meeting of the shareholders have on^ vote for each share; and for any amount over one bund;«d shares, and not over six hundred shares, one vote to two shares ; and for any amount over six hundred, and not over fifteen hundred shares, one vote to three shares; and for any amount exceeding fifteen hundred shares, one vote to four shares. VIII. And be it enacted, Thai the present Directors of the ' said Company shall continue in office as such, until the second Monday in June, in the year one thousand eight hundred and fifty -three ; snd that oc the said day, and on the second Monday in June, in each year thereafter, or oa such other day as shall be appointed by any By-lrw, an annual general meeting of the said shareholders shall be held at the office of the Company, for the time being, to choose nine Directors in the room of those whose period of office shall have expired, and generally to transact the business of the Company ; but if at any time it shdU appear, to any ten pr more of such shareholders holding togetoer one thousand 109 Quorum. ■huret at least, that a special general meeting of sharekolders spMUigw. is necessary to be held, it shall be lawful for such ten or •'^■••**^- more of them to cause fifteen days' notice, at least, to be given thereof in three public newspapers as aforesaid, or in such manner as the Company shall by any By-law direct or appoint, specifying in such notice the time and place, and the reason and intention, of such special meeting respect- ively ; and the shareholders are hereby authorized to meet pursuant to such notice, and proceed to the execution of the powers by this Act given to them, with respect to the mat- ters so specified only, and all such acts of the shareholders or the majority of them at such special meetings assembled, such majority not having either as principals or proxies less than one thousand shares, shall be valid as to all intents and purposes as if the same were done at annual meetings ; and afber the said second Monday in June, one thousand eight hundred and fifty -three, the number of Directors of the said vvaom of Company shall always be nine, and they shall hold their Wf***""- office from the time of their election until the next annual meeting, or until others shall be elected in their stead, but any Directors may be re-elected ; and at any meeting of the imd Directors, five Directors shall be a qyorum, aiid shall be competent to use and exercise all and any of the poWMts hereby vested in the said Directors : Provided, tiiat no pfoTi»o. person shall hereafter be elected a Director who sbatl not hold at least ten shares in the stoek of the Company. IX. And be it enacted, That the Guage of the said Rail- onaga. way shall be five feet six inches, and neither more nor less. X. And be it enacted. That for and notwithstanding any oompuff thing in any Act or law to the contrary, it shall be lawful JJJJj^n for uie said Company hereby incorporated to hold to them other com* and to their successors and assigns, as lessees of the Crown, cnt'inUBdt. the Ferry at Fort Erie Rapids, subject to the conditions and restrictions and according to the terms mentioned and con- tained in the lease thereof to the said Brantford and Buffalo Joint Stock Railroad Company, and to possess, exercise and enjoy, all the powers, rights and privileges, which appertain thereto, and from time to time to obtain a renewal thereof, and also from time to time to construct, purchase, own and maintain, one or more Ferry Boats for the purpose of trans- porting goods and passengers to and from tne United States, aodording to the terms of the lease aforesaid, and to sub- 200 %9ii>:H!» «ctibe, purchase and bold, shares in the stock of any Railroad from Black Rock to the City of Ruffalo. ■ other oom> XI. And be it enacted, That for and notwithstanding any SoM^tMkta A.ct or law to the contrary thereof, the provisions of By4aw thii Com- number five of the County Council of the United Counties of ****'' Huron, Perth and Bruce, intituled, A By-law to authority the Warden of the United Counties of Huron, Perth ond Bruce, to iseiie Debentures in payment of twenty-jive thousand shares of the increased Capital Stock of the Brantford and Buffalo Joint Stock Railroad Company, and also of any By-law or By-laws of any other Municipal Corporation in Upper Canada already passed, or which may nave been adopted for publication, and are now in prepress of being passed for the purpose of authorizing the Mayor, Warden or Keeve, of such Municipality to acquire stock in the said Brantford and Buffalo Joint Stock RaHroad Company, shall extend and apply to the Buffalo, Brantford and Qoderioh Railway Company ; and the Mayor, Warden, or Reeve, of such Municipality respectively is hereby authorized an^i em- powere4 to subscribe for stock in and to issue Debentures Ut ^ Miid laat'mentionod Company, in the same manner, «il4 with the Uke f ^ XII. And whereas the City of Buf&lo, in the State of woMTi^ New York, one of the United States of America, is, by tm* virtue of an Act of the Legislature of the said State, em- powered to acquire and hold, and the said City does now hold, seven thousand five hundred shares in the Capital Stook of the said Brantford and Buffalo Joint Stock Railroad Com- pany ; and whereas provision is made in the said Act for the uonimation by the Common Council of said City of one Director of the said Company for every three thousand seven hundred and fifty shares held therein by the said City ; and whereas it is expedient to empower the said Common Council to appoitik one or more Directors of the said Com- pany accordingly : Be it therefore enacted and declared, That It shall be lawful for the Common Council of the said City of Buffalo, at any time within one month next pi needing the annual election of Directors of the Buffalo, Brantford and Croderich Railway, to nominate and appoint one or more 201 penons to be a Director or Directors of tlie said lost men- tioned Company, in tlie proportion of one Director for every tliree thousand seven hundred and fifty shares of the Capital Stoolc of the said Company, which shall, at the time of such nomination and election, be held and owned by the said City ; and every such person so nominated and appointed, shall, without other qualification, on the day of such election, and thenceforth until the then next ensuing election of Directors, be and become a Director of the said Company : Provided always, that the said Common Council shall not be allowed to vote by virtue of their shares so to be held by them as aforesaid, for the election of any Director or Directors at anv meeting of the said Company for that purpose assembled. froTlae. XIII. And whereas the said Brantford and Buffalo Joint R«ufleau«D Stock Railroad Company have executed under their Corpo- n^d*^/?- rate Seal, Bonds to the amount of one hundred and twenty- i«*i >8M. five thousand pounds sterling, in sums of two hundred pounds sterling, each payable at the counting house of Messrs. Baring, Brothers and Company, London, England, on the first day of August, one thousand eight hundred and seventy •two, with interest at six per cent, per annum, payable semi-annually to Arunah Huntington, or the holder thereof, which Bcmds are secured by a mortgage deed bearing date the twenty-fifth day of August, one thousand eight hundred and fifty-two, executed under the Corporate Seal of the said last mentioned Company, to certain Trustees therein named whereby the lands, railways, rails, fences, warehouses, build- ings, fixtures and appurtenances to the said Company be- longing^ together with the tolls, income and profits to be "^ derived firom the same, are mortgaged and pledged in trust as a security for the payment of the said sum of one hundred and twenty-five thousand pounds, with the interest to accrue thereon, according to the tenor and effect of the said mort- gage deed ; and whereas it is expedient to ratify, confirm, and make valid the said Bonds and mortgage deed, and to provide that the same shall be chargeable and obligatory upon the Company hereby incorporated: Be it therefore enacted and declared. That from and after the passing of this Act, the said several Bonds of the Brantford and Buffalo Joint Stock Railroad Company, so as aforesaid executed, to the amount ofone hundred and twenty-five thousand pounds, ■hall be and become obligatory and of force according to 202 m l g n a b to i { 1 i i ii] i • i •1 ' .; ■i •;J ' '1 '1 1 OoBTtyaBM toOompMif ■xttBatoBto •odtrieb wtthia tbn* ytan. FaUleAet the purport, conditions and t«nor thereof^ upon the BuifiJo, Brantford and Goderich Railway Company, in the lame manner and with the same force and effect as if the said Bonds had been originally made and executed by and in the name of the said last mentioned Company, and that the said mortgage deed for securing the payment of the said Bonds is and shall continue to be and subsist as good, valid and obligatory upon the ButTalo, Brantford and Goderich Rail* way Company, according to the purport and terms thereof^ in respect of all and singular the property, privileges and effects therein mentioned, and the covenants, agreements and provisos contained therein: And the said Bonds and the Interest Warrants annexed thereto, together with all Bonds and Interest Warrants which shall at any time hereafter bo issued by the said Buffalo, Brantford and Goderich Railway Company, payable to bearer, under the provisions of the Railway Clauses Consolidation Act, shall be assignable at law by delivery, and may be sued on and enforced by the respective bearers and owners thereof for the time being, in their own names. XIV. And be it enacted, That all deeds and conveyanoes for lands to be conveyed to the said Company for the p1l^ poses of this Act, shall and may, as far as the title to the said lands or the circumstances of the party making such conveyances will admit, be made in the form given in the Schedule of this Act, marked A. XV. And be it enacted. That unless the said Company thall within one year from the passing of this Act, com- mence the construction of that portion of the said Railway extending from Stratford to the Town of Goderich, and finiah the same la three years from the fifteenth day of May next, the authority of the said Company to commence and con* struct such portion of the said Railway from Stratford to Goderich, and all the rights hereby conferred upon the said Company, so far as relates to such portion of the said Rail* way, shall wholly cease and determine. aVI. Aud be it enacted. That this Act shall be a Public Act ;-j!W'v.'i'i.t<.i«,'>'\»^ I f rsaa yW j'.l' V-* • *.) *****»#■ 308 SCHEDULE A. POim OF OOMVITANOB. Know all Men by these presents, that I, A. B., of (here, name the wife if any) do hereby in consideration of (here the sum) paid to me by Tlie Buffalo, Brantford and Goderich Railway Company, the receipt whereof is hereby acknowledged, grant, bargain, sell, convey and con- firm unto the said Ihe Buffalo, Brantford and Oouerich Railway Company, their Successors and Assijoms for ever, All that certain tract or parcel of land situate [here deserve the land) the same having been selected and laid out by the said Company for the purposes of their Road. To have and to hold the said land and premises together with the hereditaments thereto, to the said The Buffalo, Brantford and Goderich Railway Company, their Successors and Assigns for ever, {here, dower if any.) Witness my Hand and Seal, this day of One thousand eight hundred and Signed, Sealed and delivered in presence of L. S, 16th ViOTORiiB, Cap. 41. AN ACT FrMmble. 14* 15T.,o 148. To amendthe Act incorporatiny the Toronto and Outlph Railway Company. [Pa88kd 10th November, 1862. Whkrkas since the passing of an Act in the Session held in the fourteenth year of Her Majesty's Reign, intituled, An Act to Incorporate The Toronto and Ouelpk Railway Company, the Mayor, Aldermen and Commonalty of the City of Toronto, have, in pursuance of the provisions of the Railway Clauses Consolidation Act, subscribed for Stock in the said Toronto and Ottelph Railway Company ; And whereas the Municipal Corporations of the Town and Town- ship of Guelph, and of the Township of Chinguacousy, have in like manner respectively subscribed for Stock in tt >. said Company, and the calls hitherto made by the said Company in respect of the shares subscribed for by the said Municipal Corporations have been paid in Debentures of the said Corporations respectively ; And whereas shares exceed- ing the sum of one hundred and fifty thousand pounds, as prescribed by the seventh Clause of the Act to incorporate the said Railway, have been taken and ten pounds per cent, thereon hath been paid in ; And whereas by the third Clause of the said Act incorporating the said Toronto and Guelph Railway Company^ the Capital Stock of the said Company is expressed to be limited to the sum of two hundred and fifty thousand pounds of Provincial currency, and doubt* have been raised whether the said Clause does not limit the powers contained in the said Railway Clauses Consolidation Act, for increasing the capital of the said Company ; And whereas the said sum of two hundred and fifty thousand pounds has been found to be insufficient for the proper and efficient construction of the Railway by the said Act author ized to be constructed, and it is desired to increase the samd to the sum of three hundred and twenty-five thousand pounds, like currency, with such powers to increase the same as are contained in the said Railway Clauses Consolidation Act ; 806 And whereaa the said Toronto and Ouelph Railway Com- pany, have executed under their corporate seal, bonds to the amount of two hundred and seventy-five thousand pounds sterling money of Great Britain, payable to bearer, which bonds are secured by a Mortgage Deed bearing date the thir* tieth day of June, one thousand eight hundred and fifty- two, executed under the corporate seal of the said Company, whereby the said intended Railway and all the works of the said Company, together with all stations, buildings, carriages, engines and other property attached or to be attached to or belonging to the said Railway, and all the Revenues and Tolls to be derived from the said wor* >, are mortgaged and pledged to the Canada Company, in trust as a security for the payment of the said entire sum of two hundred and seventy- nve thousand pounds sterling, on the first day of July, one 'thousand eight hundred and seventy-three,and for the payment of the half-yearly interest thereon at the rate of six pounds per centum per annum in the meantime ; and whereby the Municipal debentures which have already been and which hereafter shall be issued for the Stock already subscribed, and wiilch hereafter shall be subscribed by Municipal Corpo- rations of the Province of Canada, under the provisions of the Railway Clauses Consolidation Act are, also mortgaged and pledged to the said Canada Company, in trust as a col- lateral security for the due payment of the principal and interest on the said bonds ; And whereas doubts have arisen whether the said third Clause of the said Act incorporating the said Toronto and Quelph Railway Company does not limit and restrict the powers contained in the Railway Clauses Consolidation Act, of borrowing money, and other doubts have arisen as to the validity, negotiability and secu- rity of the said bonds and the validity of the said mortgage; And whereas it is expedient to remoT<) such doubts, and to ; ifirm the validity, negotiability and security of the said bonds of the said Company so as aforesaid executed to the amount of two hundred and seventy-five thousand porids sterling, money of Great Britain, and of any further bonds which may be executed by the said Railway Company, to an aggregate amount (with the said sum of two hundred and seventy-five thousand pounds) not exceeding the amount of capital for the time being, autnorized to be raised by the said Company, and the validity of the said mortgage and of any mortgage or mortgages to be hereafter executed as a security for any moneys to be borrowed by the said Company, within 306 the limit of their ^>reaoribed oi^ital for the time being ; And whereas the said Toronto and Otulph Railway Company^ have by their petition prajed tiiat the said Act incorporating the said I\>ronto and Gkulpk Railway Company mav be amended : Be it therefore enacted by the Queen's Most Excellent M^esty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted 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-mUtt the Province* of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same. That the Capital Stoclc of the said Company shall be, and is hereby declared to be the sum of three hundred and twenty-five thousand pounds, Provincial currenov, divided into sixty-five thousand shares, of five pounds each, and that the said Capital Stock may, if necessary, from time to time be increased in the manner provided for by the Rail- way Clauses Consolidation Act. II. And be it enacted and declared, That the said bonds of the said Toronto and Ouelph Railway Company so as afore- said executed to the said amount of two hundred and seventy* five thousand pounds sterling money of Great Britain, and the said mortgage for securing the same are, and shall con- tinue to be, and subsist as good and valid and obligatory upon tha said Ihronto and Qutlph Railway Company according to the tenor and purport thereof, respectively, and that all bonds, debentures or other securities of the said Railway Company, may be made payable to bearer, and that the said bonds which have been so executed, as i^resaid, and all future bonds, debentures and other secu- rities of the said Railway Company, and all dividends or interest warrants thereon, respectively, whidli shall purport to be payable to bearer, shall be assignable at law by delivery, and may be sued on and enforced by the respective bearers and owners thereof for the tim» being, in their own names. Bendhoidert ^* -^^ ^^ ^^ enacted and declared. That the respective Ao., to hbTs bonajide Bondholders and Mortgagees of Uie said Railway wM^onJ' Company, as well under any bonds, debentures, mortgages 0^ t>>« or other special securities to be hereafter lawfully executed by the said Railway Compa&y with the Umit of their Capital for the time being prescribed, as under the said bonds already Amount of CApltal itock of tb« Com- pADjr : into what thkrM diTided. Oartain bends issii* Uoned in the pream- ble declared ralld. And exMuted, ahall be entitled one with anoth<>ir to their respeo- tire proportions of the Tolls and other property of the said Railway Company, aocordiiig to the respective Hunts in such securities mentioned, and to be repaid the principal and interest moneys thereby secured, without any preference one above another by reason of priority of the date of any such security, or of the resolution by which the same was authorized or otherwise howsoever ; provided that this en actment shall not operate either to accelerate or to delay the right of the holder of any such security to demand and enforce payment of the principal moneys thereby secured, on the day or respective days therein mentioned for payment thereof. IV. And be it enacted bu^ declared, That if any interest or principal due on any such security as aforesaid, be not paid by the said Railway Company on the day, and at the glace appointed for payment thereof, and if the Canada bmpany shall neglect for sixty days after notice in writing by the holder of any such security, to enter into possession 01 the said Railway, or appoint a Receiver of the Kates and Tolls and other profits of uie said Railway and works, under and by virtue of the aforesaid mortgage, then in such case the holder of such security (without prejudice to his right to sue for the interest or principal so m arrear, in any of the Superior Courts of Law or Equity) may if his debt amount to the sum of five thousand pounds alone, or if his debt do not amount to the sum of five thousand pounds, may in conjunction with other creditors of the said Railway Com- pany holding any such securities as aforesaid, whose debts on such securities being so in arrear after such demand as afore- said, shall, together with his amount to the sum of five thousand pounds, require the appointment of a Receiver by an application to be made to the Court of Chancery at Toronto, in a summary manner without suit, and on any such application, it shall be lawful for such Court, af\;er hear- ing the parties, or giving them an opportunity to be heard, to appoint some person to receive the whole or a competent part of the Tolls or sums liable to the payment of such mterest, or principal and interest, until the same, together with all costs, including the charges of receiving the Tolls or sums aforesaid, shall be fully paid; and upon such appointment being made, all such Tolls and sums of money as aforesaid, shall be pud to, and received by the person so to be appointed, and the moneys so to be received shall be tim« of ftf ■ mcnt. Raeeirer of rat«ii and toll* may b« appelated in ctrtain oiu'» And at wboM in- ■Uno«. Hli pow«n and dttUei. 806 ProrlM: ChaoMry •»3y Ktand Um btnaflt •f the raaal- ▼•rahlp to elbar eradi- tor*. AjmolBtm'Dt or SoeoiTor ■ot to iDtor- Iwowith tbo rtghU of tho COBMto Oonpanr. FroTlM. •o much money received by or to the um of the party or parties to whom suoh interest or principal and interest ahall be then due, and on whose behalf sucti Receiver shall be appointed, and after mioh interest or principal and interest and costs shall have been so received, the power of suoh Receiver shall cease ; Provided alwavs that during the pos> session of any such Receiver, it shall be lawful for the said Court of Chancery from time to time, on the application of any creditor or creators of the said Railway Company under any such security as aforesaid, whose interest or prin- cipal, or both shall be in arrear, by order to direct that suoh last mentioned creditor or creditors shall be entitled to the benefit of such Receivership from the time of the service of the same order on such Receiver, and upon such order being so made, and served on such Receiver, the creditor or credi- tors mentioned therein, shall thenceforth be entitled to the benefit of such Receivership, in the same manner as if he or they Iiad joined in the original application for the appoint- ment of the Receiver. V. Provided always, and it is hereby enacted and declared. That every appointment of a Receiver to be made as afore- said, and also every mortgage or other specific lien or charge on all or any part ( the present or future property, tolls or credits of the said Railway Company, shall be subject to the right of the said Canada Company under the said Mortgage Deed to enter upon, take possession of, or otherwise deal with the property included m or charged by the sMd Mortgage, or expressed or intended so to be, and if the said Canada Company shall think fit to have a Receiver of the tolls and profits of the said undertaking appointed on their behalf, as suoh Mortgagees, the said (^ada Company may apply to the Court of Chancery, and procure the dis- missal of any Receiver appointed by the said Court as afore- said, in a summary manner and without suit; Provided nevertheless, that the said Mortgage Security to the said Canada Company, shall be held and enforced by the said Canada Company, in trust for the benefit not only of the said Bondholders, to the amount of two hundred and seventy-five thousand pounds sterling, but also of the holders of all other bonds, debentures or securities of the said Rail- way Company, which shall be lawfully issued by- the said Railway Company, and shall be expressed to be issued or made on the security of the said Mortgage, rateably and in proportion to the sums which for the time being shall have 900 •hall ftll be iterest ■uoh le po«- le Mid tion of napany r prin- ; such to the vice of r being r credi- to the as if he ippoint- llMt.Sef th« ••Id Ael, doM not Unit th« righu eon- farrMi by elavNt of 14 * 16 V. 0. 61 iDeorp«rat«4 with It. baooroe actually due and payable thereon for interest or principal, or both. VI. And be it declared and enacted, That the third Clause of the T(yronto and Ghulph Railway Act^ of one thousand eiffht hundred and fifty-one, or anything in that Clause or in this Act expressed, does not in any respect take avray, laesen, restrict, prejudice, or otherwise affect any of the powers, authorities, indemnities, rights and privileges which are granted and conferred by and may be liad, exerrised and enjoyed by virtue of the incorporation with that Act, of such of the Clauses of the Railway Clauses Consolidation Act, as in and by the Fourth Clause of the Toronto and Otttlph Railway Act, of one thousand eight hundred and fiftj>one, are expressed to be and are incorporated with that Anfc- VII. And be it enacted and declared, That at the next fJ'rSl'rt *'" annual general meeting of the said Company, and at every yttnj, Ac. annual general meeting thereafter, six of the thirteen elected Directors of the said Company shall annually retire in rotation, the selection of the first six to retire being decided by lot, or in such other manner as shall be provided by the Directors of the said Company by rule or regulation in that behalf to be passed, but the Directors so from time to time retiring shall be eligible for re-olection; and all votes hereafter to be given at annual or general or special meetings of Proprietors in respect of the stock subsoribecC or hareafter to be subscribed by Municipal Corporations, shall be given by the Mayor or Reeve of such Municipal Corpora- tions respectively, under and subject to such resolutions as shall from time to time in that behalf be made by such Mu- nicipal Corporations, respectively. VIII. And be it enacted. That it shall and may be lawful nireetow for the Directors of the said Company for the time being, ^*rM to b* to issue shares for stock to be subscribed in England, or J^^iJjL, elsewhere, in such amounts respectively, of sterling money und or eu*- of Great Britain, as to such Directors shall from time to time *•••'•• seem fit, and to make the dividends thereon payable in like sterling money in England, or elsewhere, at such place or places as to such Directors shall from time to time seem fit, and tx> regulate from time to time the number of votes which the holdQra for the time being of such shares to be issued in mm^ffgmm 210 Tbtt Bugr appoint agmtf. £DglaDd, or elsewhere, shall have respectively, relatively to the amount of stock held by the respective proprietors for the time being of such shares to be issued in England, or elsewhere, and in the proportion which the amount of a share issued in Canada shall bear to the amount of a share issued in England, or as near as possible thereto as the diiTerence between currency and sterling will permit, and from time to time to appoint agents of the said Company in England, or elsewhere, and to delegate to such agents such powers as to the Directors of the said Company shall from time to time seem fit, and to make such rules and regulations as to the Directors of the said Company shall from time to time seem fit, as to the issuing of such shares in England, or elsewhere, and as to the mode, time and place or places of transfer of such shares, and as to the mode, time and place of paying the dividends from time to time to accrue thereon, and otherwise, as shall be deemed requisite or beneficial for giving full effect to the power ,^ hereby vested in the Directors of the said Company in respect of issuing such shares in England or elsewhere. on'sto!^*'o('' IX. And be it enacted and declared. That all calls upon COTipany t^Q Capital Stock of the Toronto and Ouelph Railway Com- ▼aiid, pt^ny, i.lready made, or which hereafter shall be made, the amount of which respectively has been prescribed, or which hereafter shall be prescribed by any By-law passed or to be passed at a generaJ meeting of the Shareholders of the said Coiflpany, and of which due notice shall have been given in accordance with the provisions of the Railway Clauses Con- solidation Act, shall be, and the same are hereby declared to be good and valid calls, in the same manner as if the maximum limit of the amount of such calls respectively had been prescribed in the said Act, intituled. An Act to incorporate The Toronto and Ouelph Railway Company, or in this Act Hoirtiiff A«« XI. And be it enacted. That this Act shall be construed ■ttTM***""" ®* ^^ ^^® sime formed part of the said Act, intituled. An Act to incorporate The Toronto and Gnelph Railway Company^ and that the several Clauses of the Railway Clauses Conso- lidation Act, mentioned in the fourth Clause of the said Act to incorporate the Toronto arid Guelph Railway Company, shall be, . and the same are hereby declared to be incorpo- rated with tlus Act, and that in reciting for any purpose die til said Act to incorporate the Toronto and Oitelph Railway f^,,^ ^^ Company, it shall be sufRcient to use the expression, Tht Toronto and Ghtelph Railway Company Act. And in recit- ing this Act, it shall be sufficient to use the expression, The Tormito and Gwlph Railway Amendment Act of 1862. XI. And be it enacted and declared, That it shall and may be lawful for the said Toronto and Guelph Railway Company to extend their said Railway from the Town of Guelph, and to construct a single, double, or other line of Railway, westerly from the said Town of Guelph through the Village of Stratford, and to the waters of the River St. Clair at the Port of Samia, and to make and erect all necessary erections, works and buildings for the proper use and enjoyment of such extension, and for that purpose to raise in such manner by loan, subscription of stock, issuing of shares, or otherwise, as to the Directors of the said Com- pany for the time being shall seem fit, a further sum of one million Pounds, Provincial currency, or such further amount of Capital as shall from time to time be deemed to be ne- cessary for the proper and efficient construction, maintenance and working of such extension ; and that all Clauses of the Railway Clauses Consolidation Act which are incorporated with, or made part of the said Act incorporating the Toronto and Cfuelph Railway Company y and which are in- corporated with or made part of this Act for the purpose of or in relation to the said Railway from the City of Toronto to the Town of Guelph, shall be, and the same are hereby de- clared to be incorporated with this Act for the purpose of constructing, maintaining and working the extension by this Clause authorized to be constructed westerly as aforesaid from the Town of Guelph, and that all the powers, authori- ties, indemnities, rights and privileges which from and afler the passing of this Act shall and may be had, exercised and enjoyed by the said Toronto and Gicelph Railway Company, and the Directors thereof respectively, in respect of the Rail- way authorized to be constructed by the said Company from tbe City of Toronto to the Town of Guelph, shall be had, held, exercised and enjoyed by the said Company, and by the Directors thereof respectively, for the better and more effectual constructing, maintaining and working the extension by this Clause authorized to be constructed westerly from the said Town of Guelph, in Uie same manner and to ih« Company; may txtud their Rail- way to Port Sarnia. InereaM •t capital for ■uoh porp'M Powen to apply to inch «zt«&- ■|on. 212 same extent as if such several and respective powers, au- Uioritiea, indemnities, rights and privileges were herein separately, severally, distinctly and at large re-enacted or d^ared in respect of or for the purpose of or in relation to the constructing, maintaining and working the said ej:ten- sion by this Clacise authorized to be constructed or intended so to be. NMioAot. XII. And be it enacted. That this Act shall be deemed to be a Public Act, and shall be judicially taken notice of as such by all Judges, Justices and others. !' 16th ViOTORiifi, Cap. 339. AN ACT To amend and extend the Charter of The Woodstock and Lake Erie Railway and Harbour Company. [ASSENTBD TO 14th JuHB, 1853.] Whkrkas the Woodstock and Lake Erie Railway and PreunUe. Harbour Company have prayed that the time allowed them by their Act of incorporation to commence and complete their Railway and other works may be extended, that their capital may be increased, that they may be allowed to extend their Road to Dunville, and that certain other amendments may be made to their said Act of incorporation, to facilitate them in carrying out their undertaking, and it is expedient to Sant their prayer : Be it therefore enacted by the Quetn's ost Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted 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 hereby enacted by the authority of the same. That for powertgiTei and notwithstanding anything in the twenty -ninth Section of by Act lo a the Act passed in the Session held in the tenth and eleventh Jon^inu'd fdl yeacs of Her Majesty's Reign, and intituled, An Act to in- » certain corporate The Woodstock and Lake Erie Railway and Har- uin'oond"' bowr Company, the said Act shall be and is hereby declared *'•""• to be and shall continue to be in full force and eifect, pro- vided the said Woodstock and Lake Erie Railway and Har- bour Company shall commence the construction of the works therein mentioned within two years from the passing of this Act, and shall complete the same and the extension thereof hereinafter authorized, within ten years from the same time, iTes 214 ■zUniloo of Railway au- thorlr-d,»nd powers of Company, Ae , to apply to such ex- t«Ulallty of Port Do- ver may wtlbdrkw their HUb- vcrlptloa within a o«r* t«ia time. ProTiio ■ Any subiorU ber may withdraw within a cer> talu time. p«f«iaig thereof: Provided that Lf the amount of stock held Ety aay- Munidpality be not sufHoiout to entitle the Mayor, Waraen or Reeve of such Municipality to be an ex officio Director of the said Company, then such person or persons a« ahall be thereunto from time to time empowered by By- law of the Municipality, may vote upon such Stock, iii like numoer as private Shareholders ; AnA provided also, that it abaU b© lawful for the Municipality of the Township of Woodhouse, by any By-law to bo passed by the Council thereof within two motiths from the passing of tyiis Act, to withdraw the subscription of the said Municipality before the passing of this Act, to the stock of the said Company, in which case such subscription shall be void and of no efTect, but if Buch By-law be not passed within the said period, then the said subscription shall be valid and shall bind the said Municipality : Provided further, that any Stockiiolder in the said Company who may have subscribed for such Stock before the passing of this Act may, withm the said period of two months from the passinf? of this Act, withdraw from the said Company by a written request to the Secretary of the Company to that effect, and thereupon such Stockholder shall be discharged from any further liability on account of the said Company, and shall receive back any sum or sums of money he may have paid to the Company on account of such stock. V. And be it enacted. That so much of the eighteenth fiec. is of lo Section of the Act first above cited as requires that each of fiJ »nend«d the Directors of the said Company shall be a Stockholder to »• regards the extent of one hundred shares, shall be repealed ; and the ind quiuk- Directors of the Company shall be chosen from among the c***^" »'^'* Stockholders holding Stock to the extent of twenty-five shares each, which shall be the qualification of a Director, except always, that it shall not be necessary that any ez officio Director should be the holder of any Stock of the said Company : and in addition to the number of Directors mentioned in the said Act, the Board of Directors shall include also the «x-officio Directors mentioned in the next preceding Section, who shall respectively have all and every the powers vested in Directors by the said Act. 216 S?^?of 14 ^'' ■^'^ ^^ ^* enacted, That the several Clauses of the A 15 V,, 0.51 Railway Clauses Consolidation Act, with respect to ^STCJct " Powers,*' " Tolls," " Actions for Indemnity and Fines and Penalties and their prosecution," " Working of the Bail- . way," and " General provisions," shall be and are hereby incorporated with the Act hereby amended, and with this Act ; and so much of the said Act as mav be incon- sistent with any of the provisions of the saia Clauses of the Railway Clauses Consolidation Act, ahall be and is hereby repealed. Public Act. vn. And be it enacted, That this Act shall be held to be a Public Act. 10th & llTH VioTORiJs, Cap. 117. AN ACT To Incorporate The Woodstock and Lake Erie Railway and Harbour Company. RdMrred for the signification of Her Majesty's pleaaure 28th July, 184'7. The Royal Asp .i given by Her Majesty in Council, on the 16th April, 1848 ; and Proclamation made thereof by His Excellency Jam«8, Eabl or Eloin and Kinoardinb, in the Canada GMette of the 24th June, 1848. Preambls. Wherbas it is desirable for the bwefit of the country that a Railroad or Way should be constructed, extending from Woodstock, in the District of Brook, to the shores of Lake Erie, and that the same should extend in as direct a line as practicable from Woodstock aforesaid, to some harbour or harbours on the said Lake, between Port Dover and Port Burwell inclusive : And whereas it is expedient to incorpo- rate a Joint Stock Company for the said purpose and others hereinafter mentioned : And whereas A. W. Light, John Vansittart, P. Gr&ham, S. F. Robertson, Henry Finkle, John Arnold, James Carroll, Edmund Deedes, Henry Van- sittart, Thomas Cottle, William Lapenotiere, H. C. Barwick, and others. Her Majesty's subjects residing in this Province of Canada, have petitioned for the passing of an Act incor- porating a Company for the purpose of constructing a single or double track wooden or iron Railroad or Way from the saia Town of Woodstock to such Harbour or Harbours as aforesaid : Be it therefore enacted by the Queen's Most Excellent Majesty, oy and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and uuder 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 818 OtrUin p«r> •ona Incor- porated M a Company. Corporate name and powera. Common Seal. Holding pro« perty. ftroTiio : Beal estate limited. Company may con- ■tmotalUll* way from Wooditock to certain points on Lake Krie. Canada^ and it is hereby enacted hy the authority of the same, That the said A. W. Light, John Vansittart, P. Gra- ham, S. F. Robertson, Henry Fickle, John Arnold, James Carroll, Edmund Deedes, Henry Vansittart, Thomas Cottle, William Lapenotiere, H. C, Barwick, ^ith all such other persons as shall become Stockholders in such Joint Stodr Company as is hereinafter mentioned, shall be and are hereby ordained, constituted and declared to be a body corporate and politic in fact, and under the name and style of Tkf Woodstock and Lake Erie Railway and Harbow Company ^ and by that name they and their successors shall and may have continued succession, and by such name shall be capable of contracting and being contracted with, of suing and being sued, pleading and being> impleaded, answering and being answered unto in all Courts and places wAatsoever, in aU mMinev of actions, suits, complaints, matters and eonoems whatsoever ; and they and then* successors may and shall have a common seal and may change and alter the same iA their will and pleasure, and also that they and their successors by the same name of Hie Woodstock and jUike JErie Mml- toay and Harbour Company y shall be by law oapable of pur> chasing, having and holding to them and their successors, any estate, real, personal or mixed, to and for the use of the sai4 Company, and of letting, conveying, and otherwise departing therewith, for the benefit and on account of the said Com- pany from time to time as they shall deem necessary and expedient: Provided always, nevertheless, that the reii^ estate to be held by the said Company shall be only such as shall be req\iired to be hdd by them for the purpose of making, using and preserving the Bulway and Harbours they are hereby empowwed to construct, and for tbe objects immediately oonneoted tii«rewith« n. And be it enaeted. That Uie said Company and their agents or servants and workmen, shall have nill power und^ this Act, to lay out, construct, make and finish a double or single iron or wooden Railroad or Way at their own costa and charges, on and over any part of the country lying between the Town of Woodstock and the harbours of Fort Dover taxA Port Burwell indusive, on Lake Erie albresai4, and to \xke, earrj and transport diereon passengers, goods, merchMidize and property ct any kind, sort or deseripticO) either in carriages uaed and propelled by the force of steitw or by any other power, whetiaer of animals or meohanie*l,r «t9 Mfty buUd VeMMto. by any oomblnfttidn of power, which the said Company may dioose to employ ; and also fiill power and authority to oon- stniot trator hsw appotatM. Avardtotw m^v \nftmtt*vwki>tt'^m 1 i i t 1 i ■ r 1 1 ProTito: Award maj iMNlMida by Qi>M»'s Baneh for no •uoh matters and thing5t as shall b« submitted to their con- sideration bv the several jparties interested ; and that each Arbitraton Arbitrator snail bo sworn (oefore some one of Her Majesty's to b« ■worn. Justices of the Peace, in and for the District in which the subject matter of the said disagremont shall originate, any of whom niav be required to attend the said meeting for that purpose) well and truly to assess the damages between the parties according to the best of his judgment ; Provided always, that uiy award mude under this Act, shall be subject to be set aside on application to tlie Court of Queen's I^ench, in the same manner and on the same grounds as in ordinary cases of submission by the parties, m which case a reference may be again made to arbitration as hereinbefore provided, IV. And be it enacted, That whatever sum of money may be lawfully awarded to any person or persons for compensa- tion for property requirea to be occupied, or for damases occasioned by the interference of the said Company with his or their property, rights, or privileges, shall be paid within three months from the time of the same being awarded, and in case the said Company shall fail to pay the same within that period, then their right to assume any such property or commit any s^t in respect of which such sum of money was awarded, shall wholly cease, and it shall be lawful for the proprietor or proprietors to resume his, her or their occupa- tion of such property, and to possess fully his rights and pri- vileges in respect thereof, free from any claim or interference from the said Company. V. And be it enacted, That when an award shall be made for more money as an indemnification or satis&ction for any lands, grounds, hereditaments or property, or for any dam- age done to any lands, tenements, hereditaments or property of any person or persons whatsoever, than had previously been offered by or on behalf of the said Companv, then all the expenses of holding the said arbitration shall be defrayed by the said Company ; but if any award shall be given for the same or a less sum than had been previously offered by or on behalf of the said Company, or in case no damages shall be awarded (when the dispute is for damages only) then and in every such case the costs and expenses sluill be settled in like manner by the Arbitrators and paid by the party or parties with whom the said Company shall have An awurdad to bopftMwtUi- la thrM moBtha on CIb of tor- Uof tho right to t«kt poMOMioa. Wbonkmurd iimadafbr oflbrodbjr OoapMjr, •XMDMOf uMtnttton tobodofrajr- •d by Com- pany ; buv' if otherwiM, then by the party, and dodneted firom the aonipenaa- tion. 231 had Buch dispute, which said costs and expenses having been BO settled, shall and may be deducted out of the money 80 awarded when the same shall exceed such costs and expenses, as so touch money advanced to and for the use of 8ule or sinsle Wooden or Iron Railroad or Way, Harbours, Wharves, or Piers, or for other tho purposes and conv«iii(>n»^eb aforesaid, it shall and may be lawful for all bodicB politic, corporate or collegiate corporation communities, execntorH, acfniinistra- tors, tenants in tail in possession, and all other trustees or por- sons whatsoever, not only for and on behalf of those whou\ they represent, whether infants, issue unborn, lunatics, idiots, femes-covert, or other person or persons who are or shall be seized, possessed or interested in any lands or grounds which shall be so required as aforesaid or any part thereof, to contract for, sell and convey unto the said Company, their successors and assigns, all or any part of such lands or groimds which may from time to time be required as aforesai all intents and purposes whatsoever ; any law, statute, usage or custom to the contrary thereof in any wise notwithstanding : and all bodies politic, corporate or collegiate, and all persons what- soever so con\ eying as aforesaid, are hereby indemnified for what he, eHc or they or any of them shall respectively do by rirtue of or in pursuance of this Act, and that the convey- ance executed to the said Company of any lands by a tenant in tail in possession, shall operate as a conveyance of the fee both in possession and reversion. X, And be it enacted, That all deeds or conveyances foi ^"J* *^*^j lands, to be conveyed to the said Company for the purnoyea to be accord- of this Act, shall and may, as far as the title to the said lands ["ul,' a?**"' or the circumstances of the party making such conveyance will admit, be made in the form given in the Scliedule marked A, to this Act annexed ; and all Registrars are iie«,gt,.gtion hereby authorized to enter in their Register Books such deedti, thereof, and on the production and proof of execution thereof, without '*'"* any memorial, and to minute such entry on the said deed, and the said Company are to pay the said Registrar for m> doing the sum of two shillings and six pence for eaol» 4eed so registered, and no more. " fi ' • ' ■ ^'• '^ i ggb^jggSggPg 224 CoBptoy fluy explore the country ifing be- tween ^ood> itock and Porte Dover and Burwell, and between the laid Porti. And may iet put and lurve}' landi peceirary for their worlu, Ac. May erect wc^rki. build- iB|i, ke. And may al> tar and re- pair the ■ame, Ac. May place nateriale, Ac. May make Brldgee, Ac., and other neceaeary things. XI. And be it enacted, That the said Company shall have full power and authority to explore the country lying between the said Town of Woodstock and the said Ports Dover and Burwell, and bet\veen the said Ports respectively, and to designate and establish, and to take, appropriate, have and hold to and for the \ise of them and their successors, the line and boundaries of a double or single Railroad, Harbours, Wharves or Piers, with the necessary railways to connect the said Town of Woodstock with the said harbours or any or either of them ; and for the purposes aforesaid the said Com- pany and their agents, servants and workmen are hereby authorized and empowered to enter into and upon the lands and grounds of or belonging to Her Majesty, Her Heirs and Successors, or any other person or persons, bodies politic or corporate, and to sur'f'ey and take levels of the same or any part thereof, and to set out and ascertain such parts thereof as they shall think necessary and proper for making the said single or double Railroad, Harbours, Wharves and Piers, and all such matters and conveniences as they shall think neces- sary and proper for making, effecting preserving, improving, completing and using the said intended Railroad, Harbours, Wharves and Piers, and also to make, build, erect and set up in and upon the route of the said Railroa(^, Harbours and Piers, or upon the lands adjoining or near the same, all such works, ways, roads, and conveniences as the said Company shall think requisite and necessary for the purposes of the said Railroad, Harbours, Wharves and Piers ; and also from time to time to alter, repair, amend, widen or enlarge the same or any or either of them, or any other of the conven- iences above mentioned, as well for carrying or conveying of all manner of materials necessary for making, erecting, furnishing, altering, repairing, widening, deepening, or enlarging the said works of or belonging to the said Railroad, or the said Harbours, Wharves and Piers, or any or either of them ; and also to place, lay, work and manufacture the said materials on the ground near to the place or places where the said works, or any or either of them are or shall be intended to be made, erected, repaired or done, and to build and construct the several works and erections belonging thereto, and also to make maintain, repair and alter any fences or passages under or through the said Railroad, or which shall communicate therewith, and to construct and keep in repair any piers, arches or other works in and upon and across any rivers, or brooks, for making, using, main- 226 taining, and repairing the said Kailroad and side-paths ; and also to construct, mal(e and do all other matters and things which they shall think necessary and convenient for tlie making, effecting, preserving, completing and using the said Railroad, and the said Harbours, Wharves and Piers, in pur- suance of, and within the true meaning of this Act, they the said Company doing as little damage as may be in the execu- tion of the several powers to them hereby granted, and mak- ing satisfaction in manner herein mentioned for all damages oompen»a- to be sustained by the owners or occupiers of such lands, tene- made, ments and hereditaments. Aa utile damage to be done as posiibte, and Company not to inter- fere with the privilege! of individuals without per- mission, un- less after proceedings under this Act. XII. And be it enacted. That the said Company or their agents or servants, at any time after the passing of this Act, under and by virtue of its provisions, shall not, in con-*;iuct- ing, building and furnishing a double or single iron or wooden Railroad or Way as aforesaid, on any part or portion of the country lying between the said Town of Woodstock and Ports Dover and Burwell, or in the constructing of any or either of the said Harbours, Wharves or Piers, in any degree interfere with or encroach on any fee simple, or other fee, right or private easement or privilege of any individual now holding and enjoying the same, or entitled thereto, without permission first had and obtained either by consent of the owner thereof or by virtue of the reference authorized by this Act. Xni. And be it enacted, That the said double or single Railroad, Railroad or Way and the said Harbours, Wharves and Piers, ^^^f^ jjjj'^ and all materials which shall be from time to time got or vested in'th* provided for constructing, building, maintaining or repairing *^'>"»P»°y' the same, and all tolls on goods, wares and merchandize or passen^ ofs as hereinafter mentioned, shall be and the same are hereby vested in the said Company and their successors for ever. XIV. And be it enacted, That so soon as the said double company or single Railroad or Way, of the said Harbours, Wharves or ^"f/oa^u Piers or Vessels, or either of them, shall be so far completed goods, 4c., a^ to be capable of being used, it shall and may be lawful for ^tliroad!''* the said Company, through their President and Directors, »"•' Harbour from time to time to fix and regulate the tolls and charges to ' be received for the transportation, harbour dues and freight of all goods, merchandizes and passengers thereon, or to be 'ffrvmee 226 hoatM,i». transported and conveyed thereby, or anv other convenience*, erections or improvements, built occupied or owned by the said Company to be used therewith, and it shall and may be lawful for them to ask for, demand, receive, recover and take the said tolls, dues or charges, to and for their own proper rMuii^ioM* ""^ *^^ benefit; and also, that they shall have full power to ta^ TtoU-' regulate the time and manner in which goods and passengers shall be transported, taken and carried on the said double or single Railroad or Way, or Vessels, as well as the manner of collecting all tolls and dues on account of transportation and carriage, and shall have power to erect and maintain such Toll-houses and other buildings for the accommodation and proper transaction of their business as to them may seem necessary. XV. And be it enacted. That whenever it shall be neces- sary for the said single or double Railroad or Way to inter- sect or cross any stream of water or watercourse, or any road or highway lying on the route thereof between the Town of Woodstock aforesaid, and the said harbours at Ports Dover and Burwell, or either of them, it shall be lawful for the said Company to construct their single or double Railroad or W ay across or upon the same : Provided, that the said Com- pany shall restore the stream wr watercourse or road or high> way thus intersected to i'bS former state, or in a suiiioiMit manner not to impair its usefulness, and shall moreover erect and maintain during the continuance of this Company, sufficient fences upon the line or the route of their said single or double Railroad or Way. XVI. And be it enacted. That where the said single or double Railroad or Way shall cross any public highway, the ledge or flange of such Railway for the purpose of guiding the wheels of the carriages, shall not rise above the level of such road nor sink below the level of such road more than one inch ; and that where any bridge shall be erected or made by the said Company for the purpose of carrying the said double or single Railroad or Way over or across any public highway, the space of thti arch of any such bridge shall be formed, and shall at all times be and be continued of such breadth as to leave a clear and open space under every such arch of not less than twelve feet, and of height from, the surface of such public highway to the centre of such arch of not less than fourteen feet, and the descent under any such bridge shall not exceed one foot in tkirty feet : and Company may con- atroct their Kallroad acron anj ■tream of water, road in. ProTiio as to inch itreams roadi, Ac. Where thtf Ratiroad erotses any highway, the flange not to riie or sink more than one inch. Heights of bri<^, 4eo. 281^ noreover that in all places where it mar be necessary- to erect, build or make any bridge or bridges for carrying any public carriage, road or highway over the said double or single Railroad or Way, the ascent of every such bridge for the purpose of every such road, shall not be more than one foot in twenty feet ; and a good and sufficient fence shall be made on each rmeu on side of every such bridge, which fence shall be not less than «»«»» •>' appertaining to the same shall be stopped, obstructed, im- or%orki°^ paired, weeJcened, injured or destroyed, the person or persons so ofiending shall forfeit and pay to the said Company double the amount of damages sustained in consequence and by means of such offence or injury, to be recovered in the name of the said Oompaay, by action of debt to be brought in any Court of Record in that part of the Province of Canada for- merly Upper Canada. XVIII. And be it enacted, That the property, affairs and co^ems of the said Company shall be managed by seven Directors, one of whom slkll be chosen President, and who shall bold their offices for one year, each of which said Direc- tors shall be a Stockholder to the amount of at least one hundred shares, and be elected on the first Tuesday in Juno in every year at Woodstock aforesaid, at such times of the day and in such place in the said Town of Woodstock as a majority of the Directors for the time being shall have appointed ; and public notice thereof shall be given in any newspaper or newspapers that may be published in each of the Districts tiorough which the said Rail- road or Way shall pass, and in which the said Har- bours, Wharves and Piers shall be situate ; and the said election shall be held and made L 7 such of the Stockholders of the tuad Company as shall attend for that purpose in their proper persons or by proxy ; and all elections for such Direc- tors shril be by ballot, and the seven persons who shall have the greatest number of votes at any election shall be Direc- tors ; and if it shall happen at any such election that two or nfore have an eqtjal number of votes, in such manner that a gNtttlBr immb^ of persons shall by a plurality of votes appear to ^ dhoMh t)iireotors, then the Stookholdsrs hereinbefore Aauraofth* Company to b«in«nafetf by Mven Di- rictori. When to b* eloctad. NotiM. Who ihaU vote at aooh electlont. a--^-.i£l*i.'.>.'v.-:Ail4."^' *ftj- fj-'t'-. ■-!«''— r ——M fip ||yiy ;» 1 228 authorized to hold such election shall proceed to elect bv ballot until it is determined which of the said persons so having an equal number of votes shall be Director or Direc- tors, so as to complete the whole number of seven, and the Diraeton to said Directors so chosen, as soon as may be after the said dent* ^'" election, shall proceed in like manner to elect by ballot one of their number to he President, and if any vacancy or vacan* oies shall at any time happen among the Directors, by death, resignation, or removal from the Province, such vacancy or vacancies shall be filled for the remainder of the year in which they may happen by a person or persons to be nomin- ated by a majority of the Directors. Company not to be dis- solved by any failure to elect. Bach Share to gire one Tote. XIX. And be it enacted, That in case it shall hsppeu that an election of Directors should not be madr on any day when pursuant to this Act it ought to have been made, the said Company shall not for that cause be deemed to be dissolved, but it shall and may be lawful on any day thereafter to hold and make an election of Directors, in such manner as shall have been regulated by the By-laws and Ordinances of the said Corporation. XX. And be it enacted, That each Stockholder shall be entitled to the number of votes, proportioned to the num- ber of shares, which he or she shall have held in his or her own name one month at the least prior to the time of voting, according to the following rate, that is to say : One vote foi each share. ©fr*"^^ XXI. And be it enacted, That the Directors for the time i^^wi, L. being, or cjiy majority of them, shall have power to make and subscribe such By-laws, Rules and Regulations as to them shall appear needful and proper, touching the manage- ment and disposition of the stock, property aad estate and efiects of the said Company, and touching the duty of officers, clerks and servants, and all such other matters and things as appertain to the business of the said Company ; And appoint and shall also have power to appoint as many omcers, clerks and servants for carrying on the said business, with such salaries and allowances as to them shall seem meet ofieers and ■orrante. rtrtt meet- iaff ofStueli* beldore to eleol IMree* XXII. And be it enacted. That on the first Tuesday in the month of March next afler the passing of this Act, a meeting of the StockholJers shall be held at the Town of Woodatodif 229 who in the manner hereinbefore provided shall proceed to elect seven persons to be Directors, who shall elect by ballot one of their number to be their President, and shall continue in office until the next Annual Meeting of the said Company, and who during such continuance in office shall discharge the duties of Directors in the same manner as if they had been elected at the Annual Election : Provided always, that if ^"»^ = » shares to the amount of sixty thousand pounds shall not be amouat of taken, then the said meeting shall not be held until that a'^Vub.*^ amount of stock shall have been taken up, and at least thirty scribed. ' days' notice thereof given in some one of the newspapers pub- lished in each of the Districts through which the said Railroad or Way may pass, but may b held at any time after the said amount is subscribed; and aflt>r such notice as aforesaid, and at whatever time such first meeting shall be held, the Direc tors elected thereat shall remain in office until the first Tues- day in June next thereafter. XXUJ. And be it enacted. That the whole Capital Stock of Amount of the said Company, exclusive of any real estate which the said ^{.'"^^j ^^ Company may have or hold by virtue of this Act, shall not exceed xseo. exceed in value two hundred and fifty thousand pounds, *^* which amount shall be raised by the several parties here- inbefore named and by such other person or persons who may after the passing of this Act become subscriber or subscribers towards such stock, and be held in Fifty Thou- sand shares of Five Pounds each share, and that the shares of the Capital Stock be deemed personal property, and may, J^^^^, ^ after the first instalment thereon shall have been paid, be property, transferred by the respective persons subscribmg and holding ?,° n,ft7abi«. the same to any other person or persons, and such transfer shall be entered and registered in one or more Books to be kept for that purpose by the said Company. XXIV. And be it enacted, That no Stockholder in the said ^o stook-^ Company shall be in any manner whatsoever liable for nabie be- or charged with the payment of any debt or demand due by l^^^^\\f the said Company, beyond the extent of his, her or their his stock. share in the capital of the Company not paid up. XXV. And be it enacted. That so soon as Directors have ^^ been appointed as aforesaid, it shall and may be lawful for jp« 8»»J[; them to call upon the Stockholders of the said Company by iMuimentt. 230 Kotioe. t IiuUlmenta limited. Proviso a8 to commencing tlie woTlc. Penalty on Htookboldera reftising to pay instal- ments. giving thirty clays' notice thereof in any newapapeir published in each of the said Disti-icts through which the said Railroad or Way passes, for an instalment of five per cent, upon each share which they or any of ^hem may respectively subscribe for, and that the residue of the amount of the shares of the Stookholders shall be payable by instah.ients at such times and in sudi proportions as the Directors of the said Com- pany may see fit, so as no such instalmem shall t>«oeed five per centum, nor become payable in less than thirty days after the public notice in the newspaper or newspapers afore- said : Provided alw&ys, that the said Directors shall not com- mence the conatruotion of the said Railroad or Way, Har- bours, Wharves, Piers or Vessels, or any or eitlier of them, until the said first instalment shall be paid in< Proviso, Proviio. XXVI. And be it enacted, That if any Stockholder or Blockholders as aforesaid shall refuse or neglect to pay at the time required any such instalment or instalnients as shall be lawfully required by the Directors, as due and payable upon any share or shares, such Stockholder or Stockholders so refusing or neglecting shall forfeit such sh^re or shares as aforesaid with any amount which shall have teen previously paid theroon, and that the shivre or shares so forfeited m(^y be sold by the said Directors, and the sum ftrisipg therefrom together with the amount previously paid thereon, shl^l be.^ accounted for and applied in like manner as other monies of the said Company : Provided always, that the purchaser or purchasers shsill pay the said Company the amount of the instalment required, over and above the purobasc money of the share or shares so purchased by him, her or them, afore- said, immediately after the sale, and before they shall be entitled to the certificate of the transfer of such shues so purchased as aforesaid : Provided also, that thirty days' notice of the sale of the forfeiture of such shares shall be givpn in the newspaper or newspapers foresaid, and thf^ the instalments due may be received in redemption of aqy such forfeited shares at any time before the day appointed for the sale thereof. Directort to make annual or aeml-an- nnal lUvI- denda of proto, and to aubmlt ac- XXVII. And be it enacted. That it shall be the duty of the Directors to make animal or semi-annual dividends of so much of t^he profits of the said Company as to tkem or a. mfuority of them shall seem advisable ; and Uiat once in each year an exact and particular statement shall be rendered iiSl of the state of their affairs, debts, credits, profits and losses, count* and statement to appear on the books and to be open to the per- ?i"stMw"*' usal of any Stockholder at his or her reasonable request ; howerg aud which said statement, attested on oath, shall be annually sub- Lrc!^* *'** mitted to the three Branches of the Legislature within fifteen days after the opening of each Session of the Provincial Parliament, and also a statement of the ton- nage of goods, freight and number of passengers that have been conveyed along the said road or in the said vessels. XXVIIl. And be it enacted. That whenever the sum of eighty-five thousand pounds of the Capital Stock of the said Company shall have been paid up and expended in the con- struction of some part or parts of the said Railroad or Way, Harbours, Wharves, Piers and Vessels, or cither of them, it shall and may be lawful for the President and Directors of the said Company, being thereunto authorized by a General Meeting of the Stockholders to be called for that purpose, to borrow by way of loan from such party or parties as shall be willing to advance the same, and at the lowest rate of interest for which it can be procured^ such sum or sums of money, not to exceed in the whole the balance of the Stock not paid up, for the purpose of carrying on and completing the said Railroad or Way, Harbours, Wharves, Piers or Vessels, and the said Railroad, Harbours, Wharves, Piers and Vessels, or such part or parts thereof as may be con- structed with the income or tolls arising therefrom, after pay- ing the necessary repairs and the expenses ot conducting the business thereof, may be pledged as security for the pay- ment of the principal money so borrowed and the interest thereof. Directors may call Ge- neral Meet- ing to raise a further lutu by loan when £B5- 000 shall have been expended. May morU gage the road, Har- bours, te., as security. XXIX. And be it enacted. That the said Railroad, Har- bours, Whar'es, Piers and Vessels, or some of them, or some part thereof which the said Company are by this Act authorized to build and make, shall be commenced within five years from the ; 'ssing of this Atit, otherwise this Act and every mattpr and thing herein contained shall cease and ha utterly null and void, and the said JRail- road or Way, Harbours, Wharves, Piers and Vessels shall be coinpleted and fit for public use within ten years firom the passing of this Act, otherwise thife Act shall cease to have force and effect with regard to such parts of the said Road, Ac, to be eom- menced within 5 years, and competed within ten years, on pain of for- feiting priTi- leges. LimltftUon of mUom. PabUc Aot. I Kxo«pi u lo Railroad or "Way, Harbours, Wharves, Piers and Vessels as {hen made, shall not then be completed, but shall remain in force with regard to such parts of it as shall be complete and in use. No trsToi- XXX. And be it enacted, That it shall not be lawful for gSnnutSdon the said Directors to permit any travelling on the said Rail- widajrt. JPQ2A or Way on Sundays. XXXI. And be it enacted, That if any action or suit shall be brought against any person or persons for any matter or thing done in pur^ lance of this Act, such action or suit shall be brought within uix calendar months next after such cause of action arose ; and the defendant or defendants in such action or sait may plead the general issue only, and give this Act and the special matter in evidence on the trial. XXXII. And be it enacted. That this Act shall be deemed and taken to be a public Act, and as such shall be judicially noticed by all Judges, Justices of the Peace, and other per> sons without being specially pleaded. The Legiiia- XXXIII. And be it enacted, That notwithstanding the pri- !i!iter^e' vilcgcs hereby conferred, the Legislature may at any time S'/Adt" °' hereafter may such addition to this Act, or such alterations of any of its provisions as they may think proper for affording just protection to the public, or to any person or persons, body politic or corporate, in respect to their estate, property or rights, or any interest therein, or any advantage, privilege or convenience connected therewith, or in respect to any way or right, public or private, that may be affected by any of the powers given by this Act. SCHEDULE A. FOEM OF CONVXTAKCK. Know all men by these presents, that I, A, £., of, &c. do hereby in consideration of (being the purchase money) paid to me by The Woodstock and Lake Erie Rail- way and Harhowr Company, the receipt whereof I do hereby aoluiowledge, do grant, bargain and sell, convey and confirm unto the said Woodstock and Lake Erie Baihoay and Har- bour Company, their Successors and Assigns for ever, all that this Act. 238 certain tract or parcel of land situate, &;c., {here deaeribe tk* land) the same having been eolected by the said Company for tne purpose of their Road, Harbour, Wharf or Pier (a« the case may be.) To have ana to hold the said land and premises together with the hereditaments and appurtenances thereto to the said Woo^lstock and Lake Erie Railway and Harbour Company^ their Successors and Assigns for ever. Witnes my hand and seal, tills day of A. B. Signed, sealed and delivered in the presence of 1 16th VioTOKiiE, Cap. 138. AN ACT To Incorporate The London and Port Stanley Railway Com- pany, [Assented to 23rd May, 1863.] l" 1? t Preamble. Certain per- ■oni incor- porated. Whkrkas it is highly desirable that a Railway should be rnado from some point on the Great Western Railway at or near the Town of London, to Port Stanley, and the persons hereinafter mentioned have petitioned to be incorporated for that purpose : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assem- bled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Groat Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada^ and for the Gm^ernment of Canada, and it is hereby enacted by the authority of the same, That 7 ". Anderson, G. W. Boggs, W. D. Hale, G. R. Williams, Robt. Thompson, Wm. H. Higman, J. M. Batt, Boyce Thoinpson, Lawrence Lawrason, Lionel Ridout, S. S. Pomroy, E. Jones Parke, E. Leonard, Wm. Smith, S. Morrill, Freeman Talbot, Ellis W. Hyman, Thos. C. Dixon, Alexr. Anderson, ITios. Carling, Edwd. Adams, Samuel Peters, John K. Labatt, Wm. Barker, Daniel Harvey, Mur- doch McKenzie, Crowell Willson and Cyremus D. Hall, together with such other person or persons as shall under the provisions of this Act become subscribers to or proprie- tors of any share or shares in the Railway hereby authorized to be made, and their several and respective heirs, executors, administrators, curators or assigns, being proprietors of any share or shares in the said Railway, shall be and are hereby united into a Company for constructing, maintaining and tm working the said Railway, Recording to tho rules, orjors and directions of Uiisi Act, and shftU for that piirpuHe be onu body corporate and politic by the name and Btyle of The London. ',;am°"nd and Port Stanley Jiailioay Campany, and the said (Jonipany Ke«>«r«iy<)w. sliall be and are hereby authorized and empowered from and "*' after the pastdng of tliis Act, by thouiselves, tlioir d'iputies, agents, oificert, workmen and servants, to make and com- plete a Railway, to be called The London and Fort Stanley Railway t from *uch point on the Great Western liailway at L'neofR»ii. or near tiie Town of London, as »hall be found moat oonve- **'^' nient and advantageous for the intersection thereof, to Port Stanley on I^ske Erie, the said line being first approved by the Governor in Council. I(. And be it enacted. That the Quage of the said Railway ouagc. shall be live feet six inohes. III. And be it enacted, That it shall be lawful for the said Company to raise and contribute among themselves, in such proportions as to thtsm shall seem meet and convenient, a competent sum of money, for making and completing the said Pailway and all such other works, ma'iters and conve- niences as may be found necessary for making, effecting, pre- serving, improving, completing, maintaining and using the said !^lway and other works; Provided always, that the parties hereinbefore named, or a majority of them, shall cause books of subscription to be opened in the Town of London, and Village of Port Stanley and elsewhere as they may from time to time appoint, until the fu-at meeting of Shareholders hereina^f provided for, for receiving the signatures of persons willing to become subscribers to the said undertak- ing ; and for this purpose they shall give public notice in such newspapers as they or a majority pf tliem think proper, of the time and place at which such books will l>e opened and" ready for rec^ivinp signatures as aforesaid, and of the persons by them authorized to receive such sub- scriptions ; and every perspn who shall write his or her sig- nature in 8Uoh book as a subscriber to the said undertaking shall tliereby become a member of the said Company, and shall have the same rights and privileges as such, as jvre hereby conferred on the several persons a\ ho are herein men- tions by name aa members of the said Company. Company inuy raiHe the roqulHlta capital. Booki afMiJft- 8cripUoa to be openeil. Notice. Right! and tiablUtiM of Bubaoriben. m?fi^,t4tiiiiCi'^,/4Xid,j-ii)Mi^ t Amount of OkpiUI. Appl 9f Oi •piUl. Hbkrea to b« iSSfi ••Ob. IV. And be it onucted, That tho mim to be rained or sub- Horibod shall constitute the Capital Stock of the said Com- pany, and shall not exceed in the whole the sum of One Hundred und Fiflv Thousand Pounds ; and the money to b« raiKtid and subscribed is hereby directed and appointed to be laid out and applied in tho first place, for paying and dis- charging all fees and disbursements for obtaining and passing this Act, and for making the plans, Hurveys and eHtimates incident thereto, and all the rest, residue and remainder of such money, for and towards making, completing and main- taining the said Railway and other the purposes of this Act, and to no other use, intent or purpose whatever. V. And b^ it enacted, That the said Capital Stock of the said Company shall be divided into shares of Twenty-five Pounds currency each, and each holder of or subscriber for any share or shares shall have a part of all the profits of the said undertaking proportionate to the number of shares he shall hold or have subscribed for, and shall pay a part of the expenses incurred in carrying this Act into efTeot, propor- tionate to the number of shares he shall hold or have sub- scribed for. Direotors TOAf oaU In tnitalm«nti. ProTiao. Proviii}. VI. And be it enacted, That it shall and may be lawful for the Directors at any time to call upon the Shareholders for such sum or sums of money as tney may require upon ench and every share which the Shareholders may subscribe for, payable by such instalments and at such times, and in such proportion as the Directors of the said Company may see nt ; Provided that no such instalment shall exceed ten per cent, of the Capital Stock so subscribed; And provided also that no second or other instalment shall called for within three months of the date of the next pre vious call. )e Fint ooner- VII. And be it enaoted. That the first General Meeting of tnd^iMt^on ^^^ subscribers to the said imdertaking, shall be held at the of Directors. Town of London, whenever twelve hundred shares in the Capital Stock of the said Company shall have been honajide subscribed for, and ten per cent, paid thereon as hereinfd%er provided, and at such meeting nine persons, being each a subscriber for at least six shares, who shall have paid ten per cent thereon, shall be chosen Directors, five of whom shall form a quorum^ to hold their office until the first Annual sub- Coni- ■ One to b« to be id dis- Annual 0«D'- • rill Mect- liiga. ProvUo, Meeting of the Sharch<>l»]crH, and duo notice sholl In' yivoti of the. time and place of Huoh first meetinfi;, hy the |>«)rsotiN hereinbefore appointed, in the uiauner provided for witii regard to the notice to be given by tlieui touching th>! l)ook3 "'^"««« of »u)^8cription. VIII. Aud V>e it nnpx^tcd, That the Annual M«»etinffsnf th^ Shareholder>i of th«' Coinpany Hhall be h»^ld at tlu; pliice und on the day in eath y ear to l>e Hxed by the By laws of th«< said Company, by which also the mode of coihng Hjiecial Meet- ings of the nhareholders tthall be fixed, and all other matters and things relative to the manner of condneting and manag- ing the buainens and ntfair!!i of the fiaid Company, for which no special provision is made liy this Act ; but no such Hy-law shall be inoonnistont with the provisions of this Aet or with the laws of this Province. IX. And bo it enacted, That all the provisions of the Act of the Parliament of Upper Canada, passed in the fourth vuion^o?"^ year of the Reign of His late Majesty King William the a. »« n-uuve Fourth, and intituled, An Act to i':.,orporate the London and wou't^rn**'^ Gore Railroad Company, and th< Acts of the Parliament of ij*"**^ , this Provuice revivmg, extending or amending the same, or corporsted relating to the Company thereby incorporated, tmd since Xc* *''** called the Great Western Railway Company, which shall be in force at the time of the parsing of this Act, (whether passed during the present or any former Session of the Pro vincial Parliament,) and which .shall not be inconsistent with this Act or proviao for matters provided for by this Act. shall be and are hereby incorporated with this Act, and shall extend and apply to the Company hereby constituted and the Rr.ilway which they are empowered to make, as fully a.nd effectually as of the said provisions were herein repeated and re-enacted with respect to the said Company and to the said Railway ; and all the provisions of the said Acts whioh ^J'j*;!',^^"' '* are so incorporated with this Act, shall be intended and pretoii." included by the expression " this Act," whenever it is used herein. X. And be it enacts, That the said Company shall have Power to the poworand authority to borrow money, from time to time, ne^Ac."" for making, completing, maintaining and working their said Railway, as they may think advisable, and to pledge the lands tolls, revenues and other property of the Company tor the due payment thereof. 238 ,i ., * if ki' ?*Kr XI- And be it enacted, That in the construction of the said *o.. not to London and Port Stanley Railway, the Directors thereof or be mpede . ^^.^ agents shall not by the erection of any brieve or other- •wise obstruct or impede the navigation of any river, broolc or stream of v *ter, over or alongside of which it may be neces- sary to construct the said Railway. ProviBionfor XJJ. And be it enacted, That it shall be lawful for the Di- Grea" West- rectors (if authorized by any General Meeting of the ^hare- oomna^nv'*'*^ holdcrs, to be called for that purpose,) or a majority thereof, to enter into or make any arrangement with the Directors of the Great Western E/dlway Company, or tiny other Railway Company, now or heieafter to be chartered in any part of this Province, for the union, junction and amalgamation of the said London and Port Stanley Railway Company, with such other Railway Company, or for the purchase by the one Company of the Railway of the other, as may be by mutual agreement decided upon between such Companies aforesaid. Company. Urut West- ern Railway Company may uni^e the said Hallway wUh theiri. XIII. And be it enacted, That the Directors of the Great Western Railway Company shall have and are hereby inves- ted with full power and authority at any time hereafter, to enter into any agreement with the said London and Port Stanley Railway Company, as provided by the next preceding section of this Act, and by By-law or By-laws to that effect, to incorporate the Capital Stock of the said London and Port Stanley Railway Company, with che Capital Stock of the said Great Western Railway Company on equal terms with the Capital Stock of the said Great Western Railway Corn- pan;, and from thenceforth the same shall be one and the same stock, and the said London and Port Stanley Railway shall become part, and parcel of the Great Western Railway, as if originally constructed by the said Great Western T^il- way Company, and subject to all the regulations of the said Company, in the same manner as other portions of the Line of the said Great Wesitem Railway and the Capital of the Great Western Railway Company shall hu increased accordingly ; and from the date of such amalgation of the said Capital Stock and Line of Railway of the said London and Port Stanley Railway Company, with the said Great Western Railway Company, so much of this Act as may be inconsist- SS9 ent with such amalgamation, shall cease and determine, but any provisions thereof not so inconsistent shall remain in force, and shall apply to the Line of Hallway hereby author- ized, and to the Great Western Railway Company, and tho Directors, officers {md agents thereof XIV Act, And be it enacted. That this Act shall be a Public PubUoAot, 5th WEtLiAM IV, Cap. 19. f PrMmbto. I Ineorpora* Uon. AN ACT To incorporate certain persons therein mentioned, under thig Name and Style of the Erie and Ontario Bail Road Company. [Pasbkd 16th April, 1836.] Whbrkas Thomas Clark, Humphrey J. Tench, David Thor- bum, John Haiailton, Malcolm Laing, Samuel Street, James Gordon. Alexander Hamilton, James Cummings, Robert Grant, and others of the District of Niagara, have, by Petition, prayed to be Incorporated as a Joint Stock Company for tho purpose of constructing a double or single Iron or Wooden Rail Road or Way, commencing at the river Welland, at any point, and extending to the Niagara River, at or below Queenston, with the privilege of extending the same to Lake Erie or Ontario, or both, at any future period: And whereas it is expedient to Incorporate uie said Petitioners, for the purposes herein before mentioned : Be it therefore enacted by the ii^ng's Most exceUent Majesty, by and with the advice and consent of the L^slative Council aad Assembly of the Province of Upper Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of Great Britain, entiUed, " An Act to repeal certain parts of an Act passed in th« foui'teenth year of His Majesty's Reign, entitled, * An Act for making more eflFectual provision for the Govern- ment of th« Province of Quebec in North America, and to make further provision for the Government of the said Province/" and by the authority of the same. That the said Thomas Clark, Humphrey J. Tench, David Thorbum, John Hamilton, Malcolm Laing, Samuel Street, James Gordon, Alexander Hamilton, James Cummings, Robert Grant, together witlt all such other persons as shall become St<»ckholders in such Joint Stock or Capita], as is hereinafter mentioned, shall be and are hereby ordained, constituted, and declared to be a Body Corporate and Politic, in fact, by and under the name and style of the Erie and Ontario Railroad Company, and by that name they and their luccessors shall and may have continued suoceeaion, and by 241 snoh name shall be capable of contracting and being contracted with, of suing and bang sued, pleading and being impleaded, answering and.being answered unto, in all Courts and places whatsoever, in all mannw of actions, suits, complaints, matters and ooncems whatsoever ; and they and their successors may and shall have a Common S«al, and may alter the ame at their will common and pleasure; and also, that they and their successors by the ^^ same name of the Erie and Ontario Rail Road Company, shall be by Law capable of purdiasing, having and holding, to them power to and their successors, my Estate, real, personal or mixed, to and ^"^^ '*"•'■• for the use of the said Company, and of letting, conveying, and otherwise departing therewith, for the benefit and on account of the said Company, from time to time, as they shall deem neces- sary and expedient: Provided cUwuys, nevertheless^ that the Real Estate to be held by the said Company, shall be only such as shall be required to be held by them for the purpose of making, usii^ fuid preserving the mid Rail Road, and for objects imme- diately connected therewith. II. And be it further inacted by the authority aforesaid, ^i^uthority to That the said Company and their Agents or Servants shall have construct full power under this Act to lay oat, construct, make and finish, ^''"'***" a double or single Iron or Wooden Rail Road or Way, at their own costs and ebaiges, on and over any part of the Country lyii^g between the River Welland and the Niagara River, at or below Qneenston; irnd to takey carry and transport thereon. Passengers, Goods and Property, either in Carrii^es used and prop«n'i«d by the force of Stsam or by the power of Animals, or by any Mechanical or other power, or by any combination of power which the said Company may choose to employ; and that the sind Company shall in like manner and for the like purposes, hare poWet to make itnd use a double or single Rail Road or Way of Iron or wood, to lead from the River Welland to Lake Eri^ or to the Ni'^tgara River below Lake Erie, and also to continue their Rail Road or Way from Queenston to Lake Ontario, if they shall undertake and contract for the making of the said last mentioned Rul Road before any other Company shall be chartered b; the Legislature for that purpose. III. And be it further enacted by the authority aforesaid, to purohoM That the Company are hereby empowered to contract, com- •»«» and all such matters and con- veniencies as they shall think proper and necessary for making, effecting, preserving, improving, completing and using, on the said intended Rail Road ; and also to make, build, erect, and set To erect up hi and, upon the route of the said Rail Road, or upon the ^°"*^' lands adjoining or near the same, all such works, ways, roads and conveniences as the said Company shall think requisite and con- venient for the purposes of the said Rail Road ; and also, from time to time, to altei', repair, amend, widen or enlarge the same, or any other of the conveniencies above mentioned, as well for carrying or conveying goods, commodities, timf)er and other things, to and from the said Rail Road, as for the carrying or conveying of all manner of materials necessary for making, erect- ing, furnishing, altering, rei)fiiring, amending, widening, or enlarging the works of and belonging to th(^ said Rail lload ; and also' place, lay, work and manufacture the said materials on the grounds near to the place or places where the said works, or any of them, are or shaU be intended to be made, erected, re- 244 ■!! Preiident and Direct- on to eitab* liah Tolls. Railroad to be veated in the Oom< pany. Tolli when payable. paired or done, and to build and construct ibe several works and erections belonging thereto; and also to make, maintain, repair and alter any fences or passages under or through the said Kail Road, or which shall communicate therewith ; and to construct, erect and keep in repair any piers, arches, or other works, in and upon and across any rivers or brooks for making, using, main- taining and repairing the said B«ilroad and side paths; and also to construct, make and do all other matters and things which they shall think necessary and convenient for the making, effect- ing, preserving, improving, completing and using the said Rail Road in pursuance and within the true meaning of this Act, they the said Company doing as little damage as may be in the execution of the s«^veral powers to them hereby granted, and making satisfaction in manner herein mentioned for all damages to be sustained, by the owner or occupier of such lands, tene- ments, or hereditaments. VI. And be it further enacted by the authority afbresi^id. That it shall and may be lawful for the President uid Direc- tors of the said Company from time to time to fix, regulate and receive, the tolls and charffesto be received for transportation of property or persons on tiiQ single or double Railroad or way aforesaid, hereby authori^ to be conotnicted, erected, bi^ilt, made, and used, VII. And be it further enacted by the authority aforesaid. That the said double or single Railroad or way, and all mate- rerials which shall b« from time to time got or provided for constructing, building, maintaining or repairing the same^ and the said tolls on goods, wares or merchandize, or passengers, as hereinbefore mentioned, shall be and the same are hereby vested in the said Company and their supcessora, for ever. VIII. And be it further enacted by the authority aforesaid, That so soon as the said double or single iron or wooden Rail- road or way shall be so far completed as to be capable of being used for the transportation of property or passengers, the said Company shall have full power and authority to ask for, demand, receive, recover and take the tolls and dues, to and for their own propw use and benefit, on all goo^s, merchandize, and passengers, using or occupying the uaid double or single iron or wooden Railroad or way, or any other convenience, erection or improvement, built, occupied or owned by the said Company, to be used therewith ; and Khsill have power to 245 regulate the time and maiiaer ir ^bich goods and panseugen shall be tranuported, taken and tarried, on the same, as well as the manner of collecting all to'la and dues on account of trans- portation and carriage, and shall have power to erect and maintain such toll-houses and other buildings for the accommo- dation and proper transaction of their business as to them may seem necessary. IX. And be it further enacted by the authority aforesaid. Water That whenever it shall be necessary for the construction of their to*be*ob- ""*' single or double Railroad or way to intersect or cross any •*««"«<*. stream of water or water-course, or any road or highway lying on the route of the said Railway, between Lakes Erie and Ontario as aforesaid, it shall be lawful for the Corporation to construct their single or double Railroad or way across or upon the same : Provided that the Corporation shall restore the stream or water-courses, or road or highway, thus intersected, to its former state, or in a sufficient manner not to impair its use- fulness ; and shall moreover erect and maintain, during the continuation of this Corporation, sufficient fences upon th«^ line of the route of their single or double Railroad or way. X. And be it further enacted by the authority aforesaid, That irjariei to if any persons or persons shall wilfully do, or cause to be done, i''""'**'^,ri'' any act or acts whatever whereby any building, construction, »bie.*"*° or work of the said Corporation, or any engine, machine, or structure, or any matter or thing appertaining to the same shall be stopped, obstructed, impaired, weakened, injured, or destroyed, the person or persons so offending shall forfeit and pay to the said Corporation double the amount of damages sustained by means of such offence or injury, to be recovered in the name of the said Corporation, with costs of suit, by action of debt to be brought in any Court of record in this Province. XI. And be it further enacted by the authority aforesaid, That Affairs of th« the property, affairs, and concerns of the said Company shall be Oomptny managed and conducted by seven Directors, one of whom shall aged by be chosen President, who shall hold their office for one year, ••▼««» b 1.1 -J T-v- iini- i.ii_ij A. Ai. J. If L tors. )lreo- which said Directors shall be stockholders, to the amount of at least four shares, and be elected on the first Monday in June in every year, at Stamford, at such time of the day as a majority of modeofeiec- the Directors for the time being shall appoint; and public notice ^'o"- thereof shall be given in any newspaper or newspapers that may be published in uie said District of Niagara, at least thirty days 2U I Taoanoles hnw lup- pUed. previous to the time of holding the said election ; and the said election shall be held and made by such of the etockholdera of the said Company as shall attend for that purpose in their own persons, or by proxy ; and all elections for such Directors shall be by ballot; and the seven persons who shall have the greatest number of votes at any election shall bo Directors; and if it shall happen at any such election that two cr more have an equal number of votes, in such manner that a greater number of persons than seven shall, by a plurality of votes, appear to be chosen Directors, then the said stockholders hereinbefore authorized to hold such election shall proceed to elect by ballot until it is determined which of the said persons so having an equal number of votes Hhall be Director or Directors, bo as to complete the whole number of seven; pnd the said Directors so chosen, so soon as may be after the said election, shall proceed in like manner to elect by ballot one of their number to be President; and if any vacancy or vacancies shall at any time happen among the Directors, by death, resignation, or removal from the Province, such vacancy or vacancies shall be filled for the remainder of tlie year in which they may happen, by a person or persons to be nominated by a majority of the Di- rectors. XII. And be it further enacted by the authority aforesaid, That each Stockholder shall be entitled to the number cf votes proportioned to the number of shares which he or she shall have held in his or her own name at least one month prior to the time of voting, according to the following rates, that is to say : one vote for each share, not exceeding four ; live votes for six shares ; six votes for eight shares ; seven votes for ten shares ; and one vote for every five shares over ten. Corporation XIII. And be it further enacted by the authority aforesaid, by^DiMctoM Th*^ ™ ^*'*® ^^ should at any time happen that an election of — being Directors should [not be made on any day when pursuant to day pn- this Act it ought to have heev made, the said Corporation shall *>M. not for that cause be deemed to be dissolved ; but it shall and may be lawful on any day, to hold and make an election of Directors, in such manner as shall have been regulated by the By-laws and Ordinances of the said Corporation. IfimaMr of T0M«. not being Moctt^ tn the Mril ^i^MtoM XIV. And be it further enacted by the authority aforesaid, j^!!}lkri* " That the Directors for the time being, or a minor part of them, shall have power to make and subecribe such Rules and B«gu< 247 lationei as to them shall appear needfal and proper, touching the management and disposition of the stock, property, estate and eifocts, of the said Corporation, and touching the duty of the officers, clerks and servants, and all such other matter h as appertain to the business of the said Corporation : and shall also have power to appoint 88 many officers, clerks and Bcrvants, for the carrying on the said business, vrith such salarieti and allowances as to them shall seem fit. votes for ten XV, And be it further enacted by the authority aforesaid, Fint meet- That on the fourth Monday after the passing of this Act, a howe're'^"'" meeting of the stockholders shall be held at Btamfoi J, who in the same manner as hereinbefore provided, shall proceed to elect seven persons to be Directors, who dhall elect by ballot one of their number to be their President, and shall continue in such office until the first Monday in June next after their election, and who, during such continuance shall discharge the duties of Directors in the same manuer as if they had been elected at the annual Election : Provided always, that if shares to the amount of ten thousand pounds of the capital stock of the said Company shall not be taken then the said meeting shall not be held until the amount of stock shall have been taken up, and at least thirty days' notice thereof given in any paper or papers published in the said District of Niagara. XVI. And be it further enacted by the authority aforesaid. That the whole Capital Stock of the said Company, inclusive of any real estate which the said Company may have or hold by virtue of this Ac<^ shall not exceed in value seventy -five thousand pounds, with a privilege to the said Company of extending the amount of such Capital to the sum of one hundred and fifty thousand pounds, in the event of the extension of the works U aforesaid to Lakes Erie and Ontario, and that such capital or stock of seventy-five thousand pounds, or one hundred and fifty thousand pounds, (if increased,) be held in six thousand or twelve thousand sliares of twelve pounds and ten shillings each, and that the shares of the Capital Stock may, after the first instalment thtereon shall have been paid, be transferred by the respective persons subscribing and holding the same to any other person or persoi , and such transfer shall be entered or registered m a book or books, to be kept for that purpose by the said Com- pany: Provided always, that nothing herein contained shall extend to authorise the said Company to carry on the businesa Of Ba&l^. Capital not to exceed £73,000. Power of ex- tending cap* ital. Number i value of ■harei. Proviro againit banUni. 348 DiwctoM XVII. And be it further enacted by the authority aforeeaid, may wii for That 80 Hoon BR Directors havo beon appointed an aforefuud, it «i(Jpero«i.t, ^jj^ij ^^^ j^^y ^^ j^^fyj f^^j, jIj^jj^ ^^^j-^ ^p^^^ ^g Stockholders of the said Company, by giving thirty days' notice thereof in any paper or papers published in the said District of Niagara, for an instalment of ten per cent, upon each share which they or any of them may respectively subscribe, and that the residueof the sum or shares of the stockholders shall bo payable by instalments in such time and in such proportions as a maiority of the Rlock- holders at a meeting to be exprtssly conveuea for that purpose shall agree upon, bo as no such inntalmente shall exceed ten per cent., nor become payable in less than thirty days after public notice in the paper or papers as aforesaid; Provided always, that the said Directors uhall not commence the construction of the sait' '^ail Road or Way until the first instalment shall be paid in. Forfeiture of XVIIl. And be it further enacted by the authority aforesaid, ••»•'•»• That if any stockholder or stockholders as aforesaid shall refuse or neglect tc pay, at the time required, any such in' Iment or ipstalrnents as shall be lawfully required by the Liiectors, as due upo.j any share or shares, such stockholder or stockholders so refusing or neglecting bhall forfeit such share or shares as aforesaid, with any amount which shall have previously been paid thereon, and that the said share or shares i.iay be sold by the said Directors, and the sum arising therefrom, together with the amount previously paid thereon, shall be accounted for and applied in like manner as other moneys of the said Company : Provided ilways, that the purchaser or purchasers shall pay the said Company the amount of the instalment required, over and abok'e ilio purchase mouey >f th« share or shares so purchased by him hor or them as aforesaid, immediately after the sale and before they shall be entitled to the certificate of the transfer of such shares so purchased as aforesaid : Provided always, that Netio* of thirty days' notice of the sale of such forfeited shares shall be given in any newspaper or newspapers published in the District of Niagara, and that the instalments due may be received in re- demption of any such forfeited share, at any time before the day appointed for the sale thereof. ADBOAJ diTi' dtndi. XIX. Anc'. be it further enacted by the authority aforesaid. That it shall be the duty of the Directors to make annual dividends of so much of the profits of the said Company, as to them or the majority of them shall seem advisable, and th^t onoe 249 in each yenr an exact and psrticul«r btateinent Hhall bo rendered of the state of their ati'airs, debts, credit^ profits and losses, such statement to appear on the Books and to be open to the perusal of any Stockholder at his or her reasonable requent. XX. And be it further enacted by the authority afort^said, pubUcAct. That this Act shall be deemed and taken to be a public Act, and as ttuch shall be judicially noticed by all Judges, Justices of the Peace and other perHons, without being specially pleaded. XXI. And be it further enacted by the authority aforesaid, ^rter so That at any time after fifty years afler making and completing the yean hu said Rail lload or Way, His Majesty, His Heirs and SucccHsors, ^m^Tihe*' may assume the posseasion and property of the same, and of all property- and every the work and dependencies thereto belonging, upoi . paying to the said Company, for the use of the Stockholders thereof, the full amount of their respective Shares, or of th« sums furnished and advanced by each Subscriber towards the making and completing the said double or single Iron or Wooden Rail Road or Way, together with such further sum as will amount to twenty-five per cent, upon the moneys so advanced and paid, as a full indemnification to such Company ; and the said double or single Iron or Wooden Rail Road or Way shall, from the timeof such assumption in manner aforesaid, appertain and belong to His Majesty, his heirs and successors, who shall from thence< forth be substituted in the place and stead of the said Company, upon the conditions and subject to the provisions of any Act of ood of this Act, such action or suit ^all be brought within six calendar months next after t&e fact committed and not afterwards, and that the defendant or defendants in such aetion or suit, may plead the gnend imits, oidy, and git» thb AeC and the i^tedal matter hi «^id«iiCi»entli«triiL of tha W«l. AltaraMw of 8fl XXVI, And b« it furtbor euacted by tbe autboritj aforMaid, _ That it shall oot be lawful fur the said Company, Ihc-ir Ag;oiitr. not"to*MUr and Servant*, or any of thiem, at any time or times to enUT into heMrTw" and upon, have, hofd, use, or eojoy, for tbe purpoaesof thin Act, wi.hnui ii. or for any other purfKwe, any part or part* of the lands or th" ooI«" ffroumU of or belongitijf to the King's Majesty, and wliioh have "«'> *«• been at an/ time heretofore specially set apart and roMtrved, or which are designated or commonly known an Crown Lands, or liands reserved for Military purpoaes, without the license and consent of His said Majesty, hiH heirs or successors, for such purpose being first had and obtained, hignificd under the hand and seal of the (vovernor, Lieutenant Governor, or person Ad- ministering the Government of this Province for the tine being, any thing m this Act to the contrary notwithstanding. > | i || » Jl I III 11 > I II M l U II J I II iul: IdTH ViOTORiiE, Cat. 50. AN ACT To amend the Charter of the Erie and Ontario Railroad Company. [Pasbbd 10th November, 1852. Act of CO, 5 W. 4,c. 19, Prewnbt*. Whebeas the Erie and Ontario Railroad Company have by their Petition prayed that the Act passed by the Legisla- ture of the late Province of Upper Canada, in the fifth year of the Reign of His late Majesty King William the Fourth, intituled, An Act to incorporate certain persons therein men- tioned under the name and title of the Erie and Ontario Rail- road Company, may be amended, so as to empower the said Company in their discretion to alter the route of their pre- sent road, and to extend the same to the Niagara River at or near the Tovra of Niagara, and to increase the Capital Stock of the said Company and for other purposes; And whereas it is desirable that the prayer of the said Petition should be granted : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted 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 ChvemmetJ of Canada, and it is iheComp'ny hereby enacted by the authority of the same, That for theline'of '^^^ notwithstanding any thing in the said Act or any other Act of the Parliament of this Province contained, it shall and may be lawful for the said Company and they are hereby authorized to vary or alter in their discretion the line or rout> of their present road in any part thereof and to pass by or near the ^Niagara Falls' Suspension Bridge, and thence to the Queenston Mountain at the ravine leading to St Davids, or at such other point as they may deem most their road ■oat topua throofb or Dear cortian pla««t. Mi Railroad r, 1852. )any have le Legisla- ^ fifth year lie Fourth, erein men- tario Bail- er the said ' their pre- i River at he Capital oses; And id Petition le Queen's I consent of Kiblyofthe r virtue of Parliament •eland, and Upper and a, and it is That for any other ed, it shall they are icretion the reof and to Jridge, and ) leading to ieem most Capital of the Conp^ rnrMwri** oreate •■• thoriMO. tfiftBtilHe, %ni tlMi«e u> ecmtioue the saSd road in a ilitcb oonm or tnck other oouvsa m they may see proper, to the Mill Niioar» River, at or ntair tli» said Town of Niagara, and lo eactMid otM ov more bronchos t^r«iof firom such point or jMriotswi thair aaid road as thvf may di3em advisable, to the Mid SMMnsion Brii» Capital Btoole of the said Ck)mpany, exclusive of any real eetaite whieh the Mid Company may have or hfoid by virtue of the Mid recited Act or of this Act, shall not exceed the sum of one hundred and fifty thousand pounds, with a privilege io the Mtd Oompany of extending the •momit of Mid Ca'^tal to the amount of two hundred and kwcntyofive tiiousaud pounds, in the ervent of the extension of the worics to Lialoe Erie, as provided for in and by the original Ciwrter ; and that such Capital or Stock of one hundred and fifty thovsand pounds, or two hundred and twenty-five IdMniBand pounds (if increased) be held in twelve thousand or eighteen thousand shares of twelve pounds ten shillings each, and such share shall be deemed persor.al property, and iBtty, afler the first instilment thereon shall have been p*id) be tranaferred by the respeoti re persons, bodieB corpo' Date or politic holding the Mme, to any person or persons, and Buoa transfer or transfi»rs shall be entered and roistered in a book or books to be k«pt for that purpose by the said Oavpany. HI. And be it enacted, That the election of Directors for proportion ffae said Company shall be held at the time and place and on ll^^^^**^ the notice prosoribed by the Aot incorparnting thu said Com- pany, but at eadi el«»tion of Directors held atV^r the passing of tnis AiDt, Mch Btockholder shall be entitled to the number of votM proportioned to the number of shares of Stook -wtutk akiul itnad in Ua or her Bame at the time of iaoldJng Amount of each share ; sbitrei to be persenaUy. and trani- ^erable. ^Ml»w ProTlio ; Vint elttotl'n of DirMtori. ProTiao. Company nMy ooa- tract with any Bridga Company, or ke«p TOMelt of tboir own, for eerUio purpoae*. such election, any thing in the original Charter of the teid Company to the contrary notwithstanding*, Provided always, and it is hereby enacted, That the first election of Directors to be held after the passing of this Act, shall take place so soon as throe tliousand Hhares of the Capital Stock of the said Company shall have been subscribed and the first instalment paid tliereoii, and that from and after such first election the now Directors uf the sai»« »»«« dent in Canada or elsewhere, has and shall have equal right tbe'comiT'iiy to hold Stock in the said Company, to vote on the same, and to be eligible to office in the same Company. VIII. And be it enacted, That it shall be- lawful for any Municipal Corporation within whose jurisdiction the said Bailroad, or any part of it may be made, to subscribe and hold such amount of shares on the said Capital Stock of the said Company at. they may deem expedient ; or they may )«ftd their assistance by loaning money to such Company, or ProTliO, may Certain Mu. nioipalOar>' poratioaa. may lub- ■criba for ' ■took, or otherwiM aNitt tha Oonpany. 8S0 .1 ! if I 1 1 |- ailff »i i if * s 1 How inch ■tock ihaU be npMMO* ja an^ odier raaDDev that to dmn nay «Mm nwiet, iti 4A tif makioff, constructing or oompkling tiie «id BaUBO^dr anar Crt tbereol^ subject always and In cnafomily »ihb fMum kwa as are nov in forca oar magr be pftaad dufiBg tba p » aaa a t Session of Parliamcot, reapeeting the terxna aiid OttM^tiiBiBa on which Muxiicipalitifis may take Stodc in or malui Imm im behalf <^ any undertaking or motk to fee gankd a« m this Province; and the Stook so subaoribed bj aacb Munio^ Corporation shall be represented by the Mayor, W^]»i or Reeve for the time being of such Municipal OnporaitiOn, or by such person as «aid Mtmicif>al Corporation May sjipcrtnt for that purpose, and such Mayor, "Warden, Beeve or person so appointed as aforesaid, shall be ex-ofieh a Director of the said Company in addition to the Directors now by Lair ««- thortzed to be elected, bnt such Municipal Coiporatfon beting repreoented by an Officer ex-ojicio, shall not be entitled to vote at any election of Directors in respect to the Stock swb- scribed for or held by sudi Municipal Oorporation, but at i^ other Meetings of the sidd Company die said Mayor, Warden, Reeve or persoi so appointed as aforesaid, sl»ll be entitled to vote in .!ike rianner and to the same extent as any odier Director of the c^id Company ; any law or ttsage to the contrary thereof notwithstanding. SS^^hJw '^- ^^^ ^® ^^ enacted, That in addition to the Real Eaiate Mrtoin Real wliich the said Railroad Company ia now by Law atithoriMd ***'•• to hold, it shall also be entitled to have and hold HHi awlk Real Estate as m^ beneeessarv for Wlmrres, Docks, Ware- houses, Engine Houses and TMMicshops, all the terminus on the Niagara River and Lakes Erie and Ontario, vaA at the Rivet Welland. iBeoBtietoht aMMtriM Ilo«i-«lr X. And be it exacted, That a}l enactments in tha original Charter of the said Company, and atl Acta or 1aw3 in- consistent with the provisions of this Act, iball be and the same are hereby repealed, but m oo far oi^y as tlia same aoply or may be held to apply to any thkjg provided for in this Act. XI. And be it enacted. That any Sale orSalM of the Riil- road or the Stook ther«in heretofore ov hereafter Imm Jhfk B»de, to satisfy any hoigt Ji4e debt or dabta due by i^miA Conoaoy, shi^l vest the ownershii^ theraof in ^ kmitjiif fmr^)Uier or purchasam \hn$A togeti^ m»£k 4dl «Md S67 iringnltr the property, privileges and appurtenaees thereunto belonging *, Provided that any such Sale or Sales made or rrariM. to be niade, ^him not be held to extin^ish any legal debt or debts due and ewinc by the eald GbmtMmy, but the rights of all creditors of the said Compiuiy* shall be and are hereby declared to be preserved to them, to the s&me extent and in like manner as tiyay existed prior to the passing of thb Act. WL And be it entuDted, That all or any StoMnboat or onft m; Steamboats, Schooner or Schooners and all other Graft, shall ^,^^m have fiiW liberty to touch at, moor to, and use the wharves paying th« and docks of the said Company, at all reasonable times, ^°"^ upon payment of the usw^i rates or charges fixed or to be fixed by the said Company therefor. „ ..^. 16th Viotobiji, Cap. 136 AN ACT To inco])orate ?%« Port Dalhoxtsie and Thorold Railway Company. [Passbd 23rd May, 1863.] i>rt«mble. OarUin per< Mu iiie«r- Oorporatt Wherbas the construction of a Railway connecting Port Dalhousie, on Lako Ontario, and Thorold, with the Great Western ..Railway, at or near the Welland Canal, must conduce greatly to the welfare of the inhabitants residing on the line of such Railway and in the surrounding country ; And whereas the Honorable John Sandfield Macdonald, the Honorable William Hamilton Merritt, George S. Tiffany, George K. Smith, William Mattice, James McDonell and John P. Roblin, have prayed to be incorporated with the powers requisite for making and maintaining such Railway : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted 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 Cfanada^ and for the Government of Canada, and it is hereby enacted by the authority of f the same. That the said Honorable John Sandfield Macdonald, the Honorable William Hamilton Merritt, George S. Tiffany, George K. Smith, William Mattice, James McDonell and John P Roblin, together with such person or persons. Cor- porations and Municipalities as shall, under the provisions of this Act, become Shareholders in such Company as is here- inafler mentioned, shall be and are hereby ordained, consti- tuted arid declared to be a body corporate and politic, in fact, by and under the name and style of The Port Ifalhotuie and Thorold Railway Company, ,11. And be it enacted, That the several Clauses of " The Owuin ^ Railway Clauses Consolidation Act," with respect to the first, » uV, o.bi second, third and fourth Clauaoa thereof, and also tho several '°,°h'?2ii* Clauses of the said Act with respect to *' Interpretation," Aot. " Incorporation," " Powers," " Plans and Surveys," " Lands ♦and their Valuation," " Highways and Bridges," " Fences," ♦ Tolls," " General Meetings," " Directors, their election and duties," ♦' Shares and their transfer," " Municipalities," " Shareholders," *' Actions, for Indemnity, and fines and pen- alties and their prosecutions," " Working of the Railway" and " General Provisions," shall be incorporated with this Act, and shall be included by tho expression, " this Act," whenever used herein. III. And be it enacted, That the said Company and their laneofRftO- servants or agents, shall have full power under this Act, to **'' lay out, construct, make and fmish a double or single iron Railway or Road at their own cost and charges, on and over ary part of the Country lying between Port Dalhousie and the Village of Thorold, IV. And be it unacted, THiat deeds and conveyances under Form of eon. this Act, for lands to be conveyed to the said Company for JJJ^^* *** the purposes of this Act, shall and may as far as the title to the said lands or the circumstances of the party making such conveyances will admit, be made in the form gi-'en in the Schedule to this Act marked A; and all Registrars are B««*«tr»tion hereby required to enter in their Registry Books such deeds, on the production thereof and proof of execution, without any memorial, and to minute every such entry on the deed ; and the said Company shall pay to the said Registrar for 80 doing, the sum of Two Shillings and Six Pence, and no more. V. And be it enacted, That the Capital Stock of the Com- oapitti pany shall be Seventy-Five Thousand Pounds currency, to ^°fi^- be divided into three thousand shares of Twenty-five Pounds each, which amount shall be raised by the persons or parties S^hf*** . above named or some of them, together with such other persons and Corporations as> may become Subscribers •' towards such Stock; and the said money so raised shall be Apniication applied, in the first place, towards the payment and discharge of capitaL of all fees, expenses and disbursements for procuring the passing of this Act, and for making the surveys, plans and Mtimatea of the said. Railway and coonected therewith, and fee. « i •IT Hko r«rt and r«nainder of waA momj thaU be Apdkd ttmsrii nakii^^ oottipietiag and naitotain'mg the «aid B«U* irsjwid othvr pornoMe of thf» Aat, ani to noothar purpoM ^SMrr*^ WMtaover : Pit>viaad ahniya, tka* until tha said preliminafy •zpMMM. eipaoiies coBBvcted with the sa'd Railway sfaaU ba pnid out of tha Capital Stiook thereof, it alhall be lawad for tlia Muni, ttfiality of any Town. Village or IWoahip o« or near the nno of the aaid Road, to pay ' \it ^ the general fands of auoh Mvaioipality, their i :: vtr 'ion of suefa Railway preiinu- nary expeBaee, whioir mm avM be refuoded to svcb Muoioi* pality m>m the Stook . ^iHt! «<«^ 1 Coaapany, or be allowed to then^ iB payioMU; of Stt < mti^rri ^^' "^^^ ^^ ^* ®'^*c*®'^» That within one month after this JSSuon ^ Acjt tiMl oe pasaed, a Getiersl Mee^ng of the Shareholders ^>**^*»'^ Khali be held at the Town of St. Catiierines, for the purpose of putUng this Act into effect, which meeting shall be eallid by the Mayor of the %aid Town, ten days* puMie notice thereof being given by being publiahed in the new spapers of the said Town of St. Catherines, at which said General meeting the Shareholders present having paid five per cent, on their Stock subsoribed shall, dtner in person or by proxy » choose five Directors in the nnanner and qualified as here* inafter mentioned^ who, together with the ex-<^fficio Direo- tors is provided by tihe Hailway Clauses Consolidation Act, shall Hold oillipe until the first Annual General Meeting for the election of Pirectora, and until othera are elected iq their atead. Term of Ofloe. AaaoAl MMliiHIt. MoUet. BbiNW« FtM. VIT. And l)e it enaeted, lliat on the second !Rf o^uay ia Jtune in eaeh yoar, at the Town of St. Catherines, at the ofiica of the Company, there shall be chosen by the Shareholders, five Directors in the manner hereinafter directed ; and public notice of Attch Annual Blectaon shall be published onomonth before the day of the electkm hfi any newspaper publiiAed in tka Toim of St. Catherines ; and all elections for Dbeo* tefs ahall be by ballot, and tha persons who shall ha;re tile greatest ttumber of votes at any election shall be Diffeotora; and if it ahaU happen that two or more shall havO an equal number of votes, the Shareholders ahall deter* mine the elaatkm by another or other votaa vntil a choaoe ia mkde; and if a vacancy ahall «t dny time happen «B!u>ng Uie IHraot la Shareholders shall exceed ten per cent, on the amount . their shares. XL And be it enacted. That each Shareholder in his ov^n .i^\ u for right shall be entitled to a number of votes equal to the r v ***' '"•'•• ber of shares which he shall have in his name two wt »h prior to the time of voting. XII. And be it enacted. That it shall be lawful for the Company Directors (if authorized by any General Meeting of the SJto*^t?*' Shareholders to be called for the purpose,) to enter into and o**' make any arrangement with the Directors of any Railway "'**'' **' Conopsny now or hereafter to be chartered in any part of the Province, tor the union, junction and amalgamation of the said Company with such other Railway Company, or for the purchase of the Railway of such other Company by mutual agreement with such Company ; and the Capital capital Stock of any Companies so united shall become the Capital »"»•'•• Stock of the Company formed by their union, and be con- trolled and managed as such, independently of all other in- crease of Stock authorized by this Act. XIII. And be it enacted, l^at it may and shall be lawful oomptny for the said Company to cross, intersect, join and unite the Jl^'^y "'*' said Railway with any other Railroad or Railway, with the BaUwar. oonsent of the Directors of such Railway, at any point on ita route, and upon the lands of such other Railway or B'^ilrolid, with the necessary conveniences for the purpose of sea gara SSiNbigai Bridgt Oump*ay. such connection, and the owners of both Railways may unite in forming such intersection and in granting the facilities therefor. XIV. And be it enacted, Thot the said Company shall have power to contract or agree with anv Bridge or Railway Company to transport passengers and freight across and to and n-om the Niagara River, and to any point on Lake Erie ; and to construct, own, or employ, at the cost and charge of the said Company, a steamboat or steamboats for the transportation of passengers and freight from the terminus of thnr Railway at Port Dalhousie, to any point on Lake Ontario S'^'bSJ.ine ^^' ^^^ ^® '^ enacted, That the said Ct>nipany shall MrUM to have power to become parties to Promissory Notes and |ft!»nd'how'. B^'^* ^^ Exchange for sums not less than Twenty-five Pounds, * and any such Promissory Note made or endorsed, and any such Bill of Exchange drawn, accepted or endorsed by the President of the Company, or Vice-President, and conter- , signed by the Secretary and Treasurer, and under the author- ity of a majority of a quorum of the Directors, shall be binding upon the said Company ; and every such Promissory Note or Bill of Exchange so made, drawn, accented or endorsed by th*i President or Vice-President of the said Company, and countersigned by the Secretary and Treasurer as such, at>er the passing of this Act> shall be presumed to have been properly made, drawn and accepted or endorsed, as the case may be, for the Company, until the contrary be shewn ; and in no case shall it be necessary to have the Seal of the Company, affixed to any such Bill of Exchange or Promissory Note, nor shall the President, Vice-President or the Secretary and Treasurer of the Company so making, drawing, accepting or endorsing any such Promissory Note or Bill of Exchange, })e therebv subjected individually to any liability whatever ; Provided always, that nothing in this Section shall be construed to authorize the said Company to issue any Note payable to Bearer, or any Promissory Note intended to be circulated as money or as the Notes of a Bank. FmtUo. »■( J ▲Uaiii may ToUand be •l««t«d. XVi. And be it enacted, Hiat any Sharekblder Id thv^ said Company, whether a Bi-itish subject or alien, or a resident in Canada or elsewhere, shall have equal rights to hold Stdtik 268 in said Company, to vote on the same, and be eligible to offioe iu the said Company. XVII. And be it enacted,. That the s in proportion to Shares 19ft Election of Directors H8 Spfcial General Meeting and Notice thereof 199 Number of Directors to be nine 199 Of which five shall be a quorum 199 Qualiiioation to bo ten Shares , 199 Guoge of Railway 199 Company may hold Stock in other Companies. ....... 199 And may construct and own Ferry Boats 190 And Stock in certain other Railroads 200 Municipal subscription authorized 100 City of Buffalo may appoint one or more Dire«ton. . . . 200 But not to vote for election of Directors 201 Mortgage of 1852 ratified to the extent of £126,000.. 201 Form of Conveyance Deeds 208 Extension from* Stratford to Goderieh to be conunen^'jcd before 10th Novemb ir, 1868 ...,,»... 802 And completed before 16th May, 1866 ^ . . . . 209 INVIX. itt BRIDGES. DRAW— G. W. U,., TTrains to ntop throe iiiinulfis at 94 Do, ondotmentH as to, over Htroains, Ac 95 Orand Tnink Railway, enactments fts to 14a BY-LAWS- (i. W. R, Dirocton to make for management of Com pany ." 10, 31,40 Do. To bo made by Enfflish Oomiuittco (repealed) 23 Do. For the Union with other Companies 81 Do. For imposing fines and forfeitures 43 Do. Not valid if affecting others than the Borvants of the Company, until sanctioned by the Governor inCouncil , 49 Do. To remain in force for three years only, with- out revision by the Governor i.i Council 126 Do, For union with other Companies 129 Do. Of united Oo" ;^anio« may be modified 131 Suspension Bridge Company may impose penalties, , . , 160 Niagara Harbour and Docks, Directors may make. . . 169 Gait and Guelph Railway not to be inconsistent with those of the O. W. R...., 179 • London and Port Sarnia Railway to fix Special Meet- ings, An., but not to be inconsistent with those of theG.W.R, 188 Do. do. do. By-Law to effect union with Great Western Railway 187 Buffalo A Brantford Railway, present to remain in force 197 Woodstock and liake Eriu Railway may make 228 ' j^ Erie and Ontario Railway may make 146 Dalhousie and 'iliorold Railway to fix quorum of Board 261 c OALL ON 8HARES*-- G. W. R., of 5 per cent, at 80 i&ye,' notice. 11, 87 Do, Notice to be given 60 days (repealed) 26 Do. Uamilton and Tcronto ll.iilway, 10 per cent, to be paid down 163 CAPITAL- G. W. R,. of the Company not to exceed £260,000 (repealed) M Do, To consist of 60,000 Shares or £1,600,000 18 Do. Inorerjsed to 80,000 Shares or £2,000,000 36 Do, To be increased in case of union with, or pur- chase of another Railway 182 Grand Trunk Railway to be £8,000,000 Sterling 139 Uamilton and Toronto Railway to consist of 18,000 Shares or £480,000.. 163 PuBpenaion Bridge to be £126,000 167 Do. increased by £12,500 16'i. Niagara Harbour and Docks £26,000 170 Gait and luolph Railway to be £140,000 178 ^i' Do, do may borrow £60,000 180 >:?.-'''*r»*H«-»^ iT INDEX. if CAPITAL.— CofUtn«««l London and Port Sarnia Railway to be £600,000 18S Do. do. may borrow and mort- gage r«Tenae 184 Buffalo and Brantford Railway increased to one Million 189 Toronto and Guelph Railway, ori^nal is insufficient. . . 204 Do. do. Capital increased to £826- 000 20« Do. do. farther increase to one million Pounds 211 Woodstock and Lake Erie Railway to be £260,000. . . . 229 Do. do. increase to £600,000 214 London and Port Stanley Railway to be £160,000 286 Erie and Ontario Railway to be £76,000 24*7 Mf ■ Do. do. may he increased to £160,000 24*7 Do. do. further increase to £260,000 268 Dalhousic and Thorold Railway to be £76,000 269 CLAUSES CONSOLIDATION ACT— Index to 67 CLAUSES CONSOLIDATION Am endment Act 92 COMMITTEE— O. W. R, of English Shareholders (repealed) 19 Do. do. their duties (repealed) 20, 28 Do. do. to keep accounts, Ac. (repealed) 27 Do. do. abolished 88 CORPORATE SEAL— 6. W. R, can be altered at pleasure 4 CROWN— G. W. R, Lands belonging to 6, 29, 81, 96 Do. Can assume possession of Railway after forty years, on payment of 20 uer cent, premium .... li Do. Services to be rendered to 81,47 Do. Rights of, to be preserved in case of union of two Companies 180 Qrand Trunk Railway, may purchase after 21 years. . . 147 Erie and Ontario Railway, may assume after 60 years. 249 9 DAMAGE— Q. W. R, Persons wilfully doing, to be fined double the amount of such injury 8 Do. Fines and Penalties may b« imposed 42 Do. Punishment for wilful damage to rails, - G. W. R, of Shares provided for u Do. Of English Shares (repealed) 25 Do. May be waived on certain conditions (repealed) 26 G GALT BRANCH— Of G. W. R, Charter to make 85 Great Western Acta to apply to it 86 GALT AND GUELPH RAILWAY— Act of Incoi-poration 16 Vic. chap. 62 177 Subsor-.ption Books to be opened and Capital raised ... 177 Capital to be £140,0 178 Nine Directors to be chosen 179 First G»"«>ral Meeting 179 Annuu' nrd Special Meetings 179 By-Laws not to be inconsistent with the Acts relating to the Great Western Railway 179 Great Western Railway Acts incorporated with 179 Power to borrow money in like manner, as the Great Western Company 180 But limited to £50,000 180 GENERAL MEETINGS— G. W. R, To elect Directors 9 Do. Votes by proxy 9, 28 Do. Provides for first meeting 10, 16 Do. May be called by requisilion (repealed) 23 Do. To control Directors (repealed) 2'». Do. Notice of, to be transmitted to London (re- pealed).. 24 Do. To be holden in Hamilton 80 Do. Special, to be called to ratify or disallow union with other Railway Companies. 129 Of Grand Trunk Railway, ordinary and special 142 Of Hamilton and Toronto Railway, ordinary and special 16i -rr VUl IMOIZ. GODERICH— ^ ■ . Extension to, of Buffalo and Brantrord authorized 106 GOVERNMENT— G. W, R, must provide for conveycnce of troop, tnails, «kc., by Railway 31, 4T Do. Guarantee may be given to loans raised by Railway Compames 49,118, 124,146 GRAND TRUNK RAILWAY— Guarantee of Province extends to 181 May unite with certain other Railways 162 Government to appoint six Directors 134 Incorporated by 16 Vic. chap. 37 18t Subject to certain clauses of Railway Clauses Consolida- tion Act 187 Certain other clauses modified ISr Gauge of Railway fixed , 188 Rate of fares fixed and class of carriages 138 Capital Hxed three millioni! sterling 139 Allotment of Shares and obligations of Shareholders. . 189 Further issue of Shares by By-Law 140 Eighteen Df rectors to be appointed 440 Rights of Shareholders 141 Proportion of Votes to Shares 141 Qualification of Directors 144 Annual Meeting of Shareholders 14S Special General Meetings 142 liPtiremeut of Directors. 148 Direc ii'B may appoint Agents 144 Auditors to be appointed 144 Ctills not to exceed 20 per cent 144 English rules of evidence to apply 144 Proceedings in writs 144 Aa to Land taken by Company 146 As to Bridffos and penalties to be inflicted. . 146 May be pjj".ies to Bills of Exclmnge 146 May borrow Corporate Monies 146 Crown may take Railway on certain conditions 147 To submit accounts to Government. 148 Provincin! guarantee limited 148 May renounce such guarantee 149 Tjronto Guelph and Sarnialine., 204 GREAT WliSTERN RAILWAY— London and Goro Act4 Wm, i v. chap 29 8 Vested in Ccmpany for ever 7 Act to revive nrmer Act, 8 Vic. chap. 88 16 To be commenced within four years 17 Act to amend the Charter, 9 Vic. chap. 81 18 Act do. do. 12 Vic. chap. 156 33 Act to increase the Capital, 16 Vic. chap. 99 36 Subscription Books to be opened during one week .... 86 Certain clauses of Act to apply to the Hamilton and Toronto Railway 48 And also to London and Port Sarnia Railway 48 Municipal subsoriptiouB aathorined , 46 horised . • . . IVB DTDIZ. Ik GREAT WESTERN RAILWAY— Conrtniwd Railway Clauses Amendment Act, 16 Vio. chap. 169 . . 92 From Quebec to Hamilton to be made on fuucts raised on Imperial guarnntee 116 If Imperial guarantee not granted, then at the joint ex- pense of the Province and Municipalities 116 Half the cost to be raised on Municipal Debentures, . . . 118 The other half on Provincial Debentures, bearing 6 per cent, interest 118 Sum to be raised not to exceed four millions of Pounds currency 119 Sums from these sources to be equally expended 119 Sinking fund established 60, 119 The Province and Municipal Corporati'ns to share profits 120 Provision, if Municipal sinking fund be insufficient .... 120 Capital may be raised by private Companies 121 G.W. R, is included in the guarantee Act 12 Vic. chap. 29 122 Being partly constructed on the faith of such guarantee 122 Board of Railway Commissioners established 122 On what conditions the guarantee shall be granted. . . . 123 Further conditions of guarantee 124 Contracts for works to be approved by CommiRsioners 124 Quarantee may extend to principal, as well as iriterest 124 By-Laws to be submitted to the Governor every three years 125 Mala Trunk Act appliec to line from Niagara River to Detroit River (14 and 16 Vic. chap. 74.) 127 Railway Union Act (which see) (16 Vic. chap. 89) .... 128 Act extending the provisions of the same, 16 Vic.chap. 76. 188 Under certain conditions the Governor to appoint six Directors 184 Hamilton and Toronto Act, 16 Vic. chap. 44 161 May make a Branch to Port Dalhousie 162 Ilamilton and Toronto line forms part of Main Trunk. . 162 Do. do. amount of Capital, 18,000 shares 162 Do. do. May borrow £100,000 166 Do. do. Election and qualification of Di- rectors 164 Do. do. Incorporated with G. W. R. Acts 164 Do. do. Annual and Special Meetings.... 164 Gait and Guelph Railway. By-Laws not to be inconsist- ent with Acts of Great Western Railway 179 Do. do. Greot Western Acts incorporated . . . 179 Do. do. Power to borrow money in like man- ner 180 Do. do. But limited to £60,000 180 London and Pert Sarnia Act 16 Vic. chap. 101 181 Do. do. Power to raise funds 182 Do. do. Capital to be 20,000 Shares. ... 188 Do. do. Acts of Great Western Railway to apply to 183 Do. do. Union with Great Western Rail* way ,.. 187 INDEX. GREAT WESTERN RAILWAY— Contintud. London and Port Sarniti, With or without consent of Port Sarnia DireotoTB 187 Do. do. Railway, In which OMe thia Com- pany ceases to exist 188 London and Port Stanley Railw'y, Acta of G. W R, incor- porated with 2S7 Do. do may agree for Union or amalgamation with 238 Do. do. or by By-Law may incorporate with 2B6 Erie and Ontario Railway may unite with 266 Do. do. Arbitrators to fix terms 266 Do. do. May intersect or cross on terms to bo fixed by arbitration 266 Port Dalhousie and Thorold Railway may unite with. . 261 Do. do May intersect, join or cross.. 261 GUARANTEE ACT— G. W. R, 12 Vic. chap. 29 49 Do. To what Railways this guarantee ex- tends 114, 118, 122,127, 148 Bee Provincial guarantee, and Great Western Railway. GUAGE— Of Grand Trunk Railway fixed 1S8 Of Hamilton and Toronto Railway 162 Of Gait and Quelph Railway 178 Of London and Port Sarnia Railway 182 pi Bamilton and Port Dover Railway 182 Of Buffalo and Brantford Railway 199 Of London and Port Stanley Railway 286 Of Port Dalhousie and Thorold Railway 268 H HALIFAX AND QUEBEC RAILWAY— Government may aid 61, 118 HAMILTON AND TORONTO RAILWAY— G. "W. R, Certain sections of Act to apply to 48 Do. Act Incorporating, 16 Vic. chap. 44 161 Do. May make a Branch to Port Dalhousie 161 Do. To form part of the Main Trunk Railway. . . . 162 Do. Share Books to be opened 162 Do. Ten per cent, or share to be paid down 168 Do. One-half of Stock may be reserved for England 163 Do. Amount of Capital to be 18,000 Shares 164 Do. Election of Directors 164 Do. Qualification of Directors to be 40 Shares. . . . 164 Do. Annual General Meetings 164 Do. Special General Meetings 164 Do. Acts relating to Great Western Railway Com- pany to be incorporated herevith 164 Do. May borrow JE100,000 166 t CODMnt of «e thia Com- 187 1R8 k W R, incor- ?IR7 ree for Union By-Law may 238 266 ?IR6 X terms croas on terms 266 266 unite with . . 261 ova. or cro88 . . 261 49 tee ex- ern Railway. .148 138 162 178 182 182 199 286 268 WDBZ. id HAMILTON AND PORT DOVER RAILWAY— See Port Dover. I IMPRISONMENT— O. W. R. For want of suffioient distress to recover fines 42 Do. for wilful damage to Rails £c 92 INJURIES— Q. W. R, See Accidents and Damage. INSTALMENTS— G. W. R, To be ijaid 6 per cent 11, 87 Do. If not paid Shares to be forfeited 11 INDEMNITY- Q. W. R, suits to recover, must be brought within six months 42 L LAND— G. W. R, may be hold by Company 4 Do. Arbitration as to value 6,88 Do. Awards how set aside 6 Do. Belonging to the crown 6, 29, 81, 96 Do, Belonging to Corporate Bodies 27 Do. Under mortgage 88,89 Do. Belonging to Indians 29 Do. Who may convey to the Company 30 Do. Form of Deeds and Conveyances 80, 82 Do. May tender compensation 39 Do. After payment into Court may take possession 88 Do. As to claimunts on lands 40 Do. Arbitrators, how appointed 40 Do. Belonging to Company to be cleared of weeds, Ac and laid down with grass 94 Do. Penalty for neglecting to do so 96 LOANS— See Debentures and borvowi-ig powers. LONDON AND GORE RAILWAY— Q. W. R, Incorporated 4 Wm. iv. chap. 29 4 LONDON AND PORT SARNLA RAILWAY— See Port Sarnia. LONDON AND PORT STANLEY RAILWAY— Act of Incorporation 16 Vic. cap. 138 284 From Great Western Railway to Lake Erie 286 Guage fixed 286 Rights and Liabilities of Shareholders 286 Capital fixed at £160,000 286 Shares of £26 each 886 Instalments may be called up 286 Annual Meeting of Shareholders 287 lU IMOtZ. LONDON AND PORT STANLEY RAILWAY— Con '^ /: ^=1 '/ Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 adr IKDXS. ;!' f: f im 1 P PLAINS AlTD SURVEYS- O. W. R, to be depoait^d with Clerka of the Peace ... 9S Repealed by 16 Vic. chap. 2. PORT BURWELI^ Woodstock and Lake Erie Railway may go to 218 PORT DALHOUSIE AND THOROLD RAILWAY— Act of Incorporation, 16 Yic. chap 186 258 ClauseB of Consolidation Act apphes 269 Line of Railway 269 Capital fixed at £76,000 269 First Meeting of Sbarholders 260 By-Law may fix quorum of Board 261 Qualification to be 10 Shares 261 Votes for each Share 261 May unite with other Railway Companies 261 May intersect any other Railway with consent of Com- pany 281 May agree with Niagara Bridge Company 262 May construct and hole Steanoboatii 262 May become parties to liills of Exchange 262 Aliens may vote and be eligible for office 262 Ouage of Railway fixed 268 PORT DALHOU&IE-- O. W. R, Branch may be made to 162 PORT DOVER— Woodstock and Lake Erie Railway authorized 214 Monioipality may withdraw subscriptions.. 216 PORT DOVER AND HAMILTON RAILWAY— Act to incorporate, 16 Vic. chap. 102 189 Certain of Railway Clauses Conaoildation Act, to apply 190 Gonveyaooe of Land 190 Capital to be £600,000 190 First Meeting of Shareholders 191 Nine Directors to be chosen 191 Election of Directors and vacancies fiUed up 191 Quorum of the Board 191 A paid Director may be employed 191 Qualification of Directors to be 40 Shares 192 No call to exceed 10 per centum 192 Right of voting of Snareholders 192 May become party to Bills of Exchange .... 192 When drawn in a certain manner 192 Ouage of Railway fixed 102 PORT SARNU— G. W. R, London and, Railway, certain sections of the Oreat Western Act to apply to 48 Do. Act to incorporate 16 Vic. chap. 101 181 Do. Direction of line to be approved by Govemor 182 Do. Power to raise requisite funds 182 INDBZ. x« PORT 9ARmA— Continued. Do. Subscription Book to b« opened 182 Do. Signature iu Book oonfen rights of ^^re- holders upon subscriber t... 182 Do. One half capital reserved for England 188 Do. Capital f'xed at £600,000 188 Do. By-Laws o fix Annual and Special Meetings. 188 Do. All Acts of Great Western Railway to apply to 184 Do. Power to borrow money and mortgage revenue 184 Do. Power to tender money and enter upon lands . . 184 Do. Costs of Arbitration 186 Do. May pay money into Court 186 Do. In case of resistance to taking possession 185 Do. Price of land to stand instead of it 186 Do. In case of incumbrances on land 186 Do. Judge of County Court may name umpire .... 18t Do. Great Western Railway Company may incor- porate Capital Stock 18*7 Do. And pass Bjr-law to effect the same 187 Do. With or without the consent of Port Samia Directors 187 Do. In which case this company shall cease to exist 188 Toronto and Guelph Railway muy extend to Sarnia. . . 211 Do. May raise for this purpo^x; a capital of one million pounds, or a further amount 211 Do. Clauses of Consolidation Act to apply to Hm extension 211 PORT STANLEY— London and, Railway authorized 284 See London and Port Stanley Railway. PRESIDENT— G. W. R, of B^ard of Directors how chosen 9 PRIVATE RIGHTS- G.W. R, Not to be interfered with 9 PROVINCIAL GUARANTEE— G. W. R, granted for interest of half tha cost of Rail- way ' 49, 118 Do. On what conditions granted 60, 128 Do. Further conditions 51, 124 Do. May extend to principal 124 Do. Under certain eircumstances, Governor Gene- ral to appoint six Directors 134 Grand Trunk Railway amount limited 148 Do. do. may renounce 149 PRpXY— G. W. R, Votes by, at General Meetings 9, 84 Do. do, (repealed) 28 Ci QUALIFICATION— G. W. R, of Directors to be ten Shares 9 Grand TVank Directors to be twenty-five Shares 144 Huoilton and Toronto Directors to be forty Sharea. .. . 164 ni iNomx. I I; 111 QUALIFICATION— Con/tnwfd. HiunUtoa luid Port Do-, er Directors to b« forty Shares. 192 Buffalo snd Brantforw Directors to bu ten 3harea 199 Woo()9tock apd T.aXe £;i6 Directors to b4 .'00 Shares. . 227 Do. do. do. amended to bo 26 Shares 216 Port DaUjJUsie and Thorold Railway to bo lo Shares. . 261 QtJEBlC AND HA LIFAX RAILWAY— In what manner Government may aid the constrnc- tion of 61, 116 Uneranted land may be appropriated 116 Preiiminar V expenses to be deiroyed 116 To be a public work 120 QUORUM OF BOARD— Of Grand Trunk Railway to be six Directors 148 Of Hamilton and Port Dover Railway to be a mtyority 191 Of Buffalo and Brantford Railway to be five 199 Of Port Dftlhousie and Thorold to be fixed by By-law oftheBoard 261 1 1 ^ ;-| .: St !- ■,|. t , JIAILWAY— G. W. R, And all appurtenancea vested in the Company for over 7 Railway Clauses Consolidation Act, Index to 97 Railway Clauses Amendment Act, ..» •••• 82 RAILWAY UNION ACT— G. W. B, 16 Vic, Chap 89 I'^S Do. Power to unite with other Companies 128 Do. Mode of entering into terms of agreement 129 Do. Special Meeting of Shareholders to bo called for ratifying or msallowing ^ich agreement 129 Do. Within three months of making agreement.... 180 Do. If disallowed, no meeting for similar purpose to be called until six months thereafter 130 Do. Effect of ratification of agreement 130 Do. Difference between the union of two Com- panies, and the purehBee by one 180 Do. Company selling to remain a Corporation for certain purposes only 131 Do. Rights -of third parties after such purchase or union 181 Do. Capital to be increased accordingly. ........ 132 Do. Legislature may give effect to such union 132 Do. ExtendingRailwayUnion Act, leVic. Chap.76 188 If the union be piade with Grand Trunk Rftilway 184 . As to appointment of Directors in that lase. 1 84 G. W. R, If not, as to appointment of Directors 184 G.W.R, If there be Directors appointed by the Governor 186 O. W. R, and the Company receive* the benefit of Provin- cial gnaraotee, six Direotor« to be appointed by ih« Governor General 186 O W. B, UoImb tliM Compasy renouncMauoh guarantee 186 m R£AL ESTATE— G> W. B, C»n be pur«h«Md, h«ld, aad «onY«y«d 4 EIVER— Q. W. R, Ompapy «Qipow4r«d to oro*» g, 87 Do. Not to i]e|tp9d« the oAvigationof the Thames ortheGraud River 18 Do. Compelled to build ipecial bridges orer 90 Grand Trunk Railwftr. enaotments a» to. , 145 JROADS— Gw W. R, For the purposes of the Railway t B SARNIA— See Port Saroia, and Toronto and Guelph Railway. SEAL CORPORATE— G. W. R, May be altered at pleasure. 4 SHARES— G. W. R, A call of 6 per cent jiayable 11, 87 Do. If not paid to be forfeited U Do. To be sold by Auction 12 Do. Fix«d at 60,000 Shares of £26 each 16 Do. Forfeiture for non-payment, (repealed) 2S Do. Unsubscribed Shares, how disposed of. 87 Do. Increased by 20,000 Shares of £26 each 86 Do. Hamilton and Toronto Railway, 18,000 Shares £25 each 168 Toronto and Guelph Railway to be £6 each 206 Woodstook and Lake Erie Raiiwa}' to be £5 each.. .214, 229 London and Port Stanley Railway to be £26 each 286 Erie and Ontario Railway to be £13 lOs. each 247, 263 SHAREHOLDERS— 6. W. R, English Shareholders to be represented by a corresponding Committee, (repealed) 19 Do. Transfer of English Shares to Canada and vice versa, (repealed) 21 Do. Divioend to English, (repealed) 26 Do. Act relating to £nelishShareholders,(repeaIed) 88 Do. English and Canaoian to have ecual rights ... 84 Do. Proxiea to vote at general meetina^. . .9, 28, 24, 84 SniTKING FUND- G. W. R, On Government Loans established 60, 119 SIMCOE— Woodstook'and Lake Erie RaUway, may extend to. . . . 214 STAFF— O. W. R, Of Company appointed by Directors 10, 19 STEAM VESSEIB- ISTiaeara Harbour and Dock Company mav build and hold 176 Bu&lo and Brantford Railway may build 199 Woodstock and Lak« Erie may bufld * 218 Erie and Ontario Railway may build 264 Port Dalhotttie and Thorold may build 262 SUNDAY— Travelling prohibited on Woodstook and Lake Erie line 282 I V f ^ ariii IMDKX W: ■ ii 'I I '^f I '.'' P SUSPENSION BRIDGE— Act of Incorporation, 10 Vie., Chap. 1 1'i 166 Seven Directors to be appointed 15*7 To be elected annually on first Monday in May 1&'7 President and Treasurer to be appointed 167 Capital of Company £126,000 167 Payments on Shares ...167, 168 Surveys for Location of Bridge 168 Power to purchase land 169 Fines and forfeitures, how levied 169 Penalty for wilful injury to works 169 Tolls to be taken 169 Penalty for evading Tolls 160 Power to make By-laws and levy penalties. 160 Misconduct of Toll-gatherer 160 Power of Directors to manage property 160 Bridge to be constructed within 10 years 160 Suits at law limited to 6 months 160 Legislature may alter Act 161 Amended Act, 16 Vic, Chap. 110 162 Capitalincreaeed by £12,500 162 InstalmontB and deposit to be paid 162 New Shareholders entitled to vote 168 Capital may bo further increased... 168 Port Dalhousie and Thorold Railway may make agree- ments with 262 HTLE— 6. W. R, Altered from Railroad to Railway 86 Brantford and Buffalo altered 196 T0LL3— G. W. R, Directors to fix rates and charges 7, iO Do. Company empowered to levy 7, 40 Do. And sell goods on which tolu are unpaid .... 41 Do. Persons refusing to pay to be put off the cars. 48 TORONTO AND GUELPH— Amended Act of Incorporation, 16 Vic. Chap. 41 204 Municipalities have suoscribed stock 204 Original Capital of £260,000 is insufficient 204 Doubts as to validity of £275,000 Sterling Bonds 206 Amended Capital to be £326,000 . 206 Shares to be £6 each 206 Above mentioned bonds declared valid 206 Bond-holders to be on an equal footing 206 In default of payment of Bonds a receiver may be ap- pointed 207 Court of Chancery may extend this ■. 208 Rights of the Canada Company to be respected 208 This Act does not limit tlie rights conferred by other Acts 209 Six of the Thirteen Directors to retire annually 209 Head of Municipal Corporation may vote 209 Shares may be isaued in England 209 S INDBX. T0R0NT3 AND GVELPE^Continued. Ag«nts may be appointed in England 310 Calls previously made declared valid 210 This Act and the former Act inseparable 210 May extend the Railway to Port Sarnia 211 And may raise a further sum of on« million Pounds. ... 211 Clauses of consolidation Act to apply to extension .... 211 TROOPS— G. W. R, To be conveyed by Railway 81, 4*7 u UNION- O. W. R, with other Companies 81, 128 Do. With Hamilton and Toronto Railway 1S4 Do. With Qalt and Ouelph Railway 179 Do. With London and Port Samia Railway 187 Do. With London and Port Stanley Railway 187 Do. With Erie and Ontario Railway 266 Do. With Port Dalhoosie and Thorold Rulway. . . 261 V VOTBB— 6. W. R, at General Meetings of Shareholders 9, 84 Do. Votes by proxy (repealed.). 28 Do. do. do 9,28,24,84 Do. Municipalities cannot vote at election of Dlrec> tors 94 Grand Trunk Railway, at General Meetings 141 W WATER COURSES— G. W. R, Company empowered to cross 8, 87 WOODSTOCK AND LAKE ERIE RAILWAY— Act of Incorporation 10 and 1 1 Vic. chap. 1 17 217 May construct Railway to coast of Lake Erie, laying between Port Dover and Port Burwell 218 And to construct and hold Steam Vessels 218 And to make Harbours and Wharven 219 May take lands 219 Arbitrators, umpires, and their awards 219 Award may be set aside 220 Purchase money to bo paid within 8 months 221 Expenses of Aroitration 221 When Land OAvners are unknown or absent 221 When Lands are under mortgage 222 When the award exceeds the mortgage 222 Crown Lands 222 Corporate Bodies and others may sell lands 228 Deeds, Conveyances and Registration 228 As to conctruction of works 224 Private rights to be respected '. .. 225 Railway vested in Company 226 May levy tolls and dues 225 May cross water courses 226 * r-»hi»»;B fe- I; ■:( r '■' ' 1 >*; '■ (^ i . . . ' \ •> \ ■'■ . '■ [ % • .#^1 :s I: Kji nmaz. WOODSTOCK AND LAKE ERIE &4II^WAY^CI»^mwd. CNWillg^M4•on»l•▼4,l^ld1MidgM..,, aS6 S^MAltyforMrMMii^imiiffworiM... , SiV ~iT4nDiiMlwnq^IMint«d ^ 117 'Mti& (Id- Proviiiona of former Act to extend thereto 114 , Ca^UX fa wawi sd to JflO0»O0O 114 flhMWto1)a£8each 114 Oartain OfaMaw of Coaaolidatioii Aot to a|^y>. 114 MnnidpaUty of Port Dover may withdraw their eub- •eripition wUhina certain time • tl8 Any aubacviber may alao withdraw.... .,«.,. ^^^^i^llS Dfar'■■ ■ < '■: , ase Sit , jtr ., M» .^t.. tw ♦ •»•.• *■* 929 %n tso MO l«r«d t. S»0 .^411 .••> Ml 881 ndeompleted 811 8sa thB «»« 888 «.iiUlM* *18 .;..., 818 f to DonTiU* 814 o «H 8W 814 ffky «l* uw ih«ir •ub' 815