IMAGE EVALUATION TEST TARGET (MT-3) 1.0 Jo" I.I b: Vi 1 2.2 ■UUu 1.8 1-25 1.4 11.6 ^ 6" ^ ^^ v^ a >> ■^^ J5S f*^ cj?^ Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 w ■> CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques Technical and Bibliographic Notes/Notes techniques et bibliographiques The Institute has attempted to obtain the best original copy available for filming. Features of this copy which may be bibliographically unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. Coloured covers/ Couverture de couleur I I Covers dam&ged/ Couverture endommagia Covers restored and/or laminated/ Couverture rastaurie et/ou peiliculte Cover title missing/ Le titre de couverture manque Coloured maps/ Cartes gAographiques en couleur Coloured ink (i.e. other than blue or black)/ Encre de couleur (i.e. autre qua bleue ou noire) Coloured plates and/or illustrations/ Planches et/ou illustrations en couleur Bound with other material/ Relii avec d'autras documents D n D Tight binding may cause shadows or distortion along interior margin/ La re liure serr6e peut causer da I'ombre ou de la distorsion le long de la marge int6rieure Blank leaves added during restoration may appear within the text. Whenever possible, these have been omitted from filming/ II se peut que certaines pages blanches ajouties lors d'une restauration apparaissent dans le texte, mais, lorsque cela itait possible, ces pages n'ont pas iti filmtes. Additional comments:/ Commentaires suppl6mentaires: L'Institdt a microfilm^ le meilleur exemplaire qu'il lui a M possible de se procurer. Les details de ce; exemplaire qui sont peut-dtre uniques du point de vue bibliographique, qui peuvent modifier une image reproduite, ou qui peuvent exiger u.-ie modification dans la mithode normale de filmage sont indiquAs ci-dessous. I I Coloured pages/ Pages de couleur Pages damaged/ Pages enoommagies Pages restored and/oi Pages restauries et/ou pellicul^es Pages discoloured, stained or foxei Pages dicolories, tacheties ou piquies Pages detached/ Pages ditachies Showthrough/ Transparence Quality of prir Quality inigale de I'impression Includes supplementary materii Comprend du materiel supplementaire Only edition available/ Seule Edition disponible n~| Pages damaged/ I I Pages restored and/or laminated/ r~V Pages discoloured, stained or foxed/ I I Pages detached/ Fy] Showthrough/ I I Quality of print varies/ I I Includes supplementary material/ I I Only edition available/ n Pages wholly or partially obscured by errata slips, tissues, etc., have beer refilmed to ensure the best possible image/ Les pages totalement ou partiellement obscurcies par un feuillet d'errata, une pelure, etc., ont 6ti film^es i nouveau de fapon it obtenir la meilleure image possible. This item is filmed at the reduction ratio checked below/ Ce document est film^ au taux de rMuction indiqui ci-dessous. 10X 14X 18X 22X J 12X 16X 20X 26X 30X 24X 28X 32X Th« copy filmad h«r« has b—n raproducsd thank* to tho ganarosity of: L^islatuire du Quibee Quibec Tha imagaa appaaring hara ara tha baat quality possibia considaring tha condition and iagibiiity of tha original copy and in icaaping with tha filming contract •pacificatidna. Original copica in printad papar covars ara filmad baginning with tha front eovar and anding on tha last paga with a printad or iilustratad impraa- sion, or tha back covar whan appnipriata. All othar original copias ara filmad baginning on tha first paga with a printad or iilustratad Impraa- sion, and anding on tha last paga with a printad or iliuatratad Impression. Tha last racordad frama on aach microficha shall contain tha symbol — »> (moaning "CON- TINUED"), or tha symbol V (moaning "END"), whichavar applias. Mapa, platas, charts, ate, may ba filmad at diffarant reduction ratios. Thosa too largo to ba entirely included In one exposure are filmed beginning in the upper left hand comer, left to right and top to bottom, aa many framea aa required. The following diagrams illustrate the method: L'exemplaira fllmi fut reprodult grice k la qAnArosltA da: L^islature du Quibec Quebec Lee images suivantes ont iti raproduites avac la p'ua grand rtln. compta tenu de la condition at da la natteti da l'exem|;laire film*, et en conformity avec lea conditions du contrat de filmage. Lea exemplaires originaux dont la couvarture en papier eat imprimte sont fllmte an commandant pnr la premier plat et en terminant soit par la darniire page qui comporte une empreinte d'Impreasion ou d 'Illustration, soit par la second plat, salon le caa. Tous lee autrea exemplaires originaux sont fiimte en commenpant par la pramlAre paga qui comporte une empreinte d'impression ou d'iiiustration at w terminant par la darnlAre page qui comporte une telle empreinte. Un des symboies suivants apparattra sur la darnlAre image de cheque microfiche, seion le cas: le symbols -^> signifie "A SUIVRE". le symbols V signifie "FIN". Les cartas, planches, tableaux, etc., peuvent Atre filmte A das taux de rMuetion diffArents. Lorsque le document est trop grand pour Atre reprodult en un soul ciichA, II est film* A partir de Tangle sup4rieur gauche, de gauche k droite, et de haut en bas. en pranant la nombre d'imagea nicaasaira. Les diagrammes suivants illustrent la mAthoda. 1 2 3 1 2 3 4 5 6 t y> Q/'' /3^rr 'iff;.-'iRV=.W«'-j»'.' p ■ijxn/UTJXixnnrinjiruT.TJUijTjiJiruiriJVinnruTJxn^ ORDINANCES AND ACTS OF THE MONTREAL TURNPIKE TRUST MONTREAL : Printed by the Gazette Printing Company. 1897. mjv. ■rLnJ^^L^u^^J^^ln^lJ^^Jl^J^^J^J^^lnru^^u^J^^l^^ uira i : rf ORDINANCES AND ACTS OF THE MONTREAL TURNPIKE TRUST MONTREAL : Printed by the Gazkttk Printing Company. 1897. ORDINANCES AND ACTS OF THE MONTREAL TURNPIKE TRUST. ACTS AND SECTIONS OF CERTAIN ACTS HAVING REFERENCE TO THE MONTREAL TURNPIKE TRUST. 3 Victoria, Chapter 31. — An Ordinance to pro- vide for the improvement of the Roads in the neighborhood of, and leading to the City of Montreal, and to raise a fund for that purpose. (15th June, 1840.) Page 2. 4 Victoria, Chapter 7. — An Ordinance to amend and extend the provisions of an Ordinance passed in the third year of Her Majesty's Reign, intituled " An Ordinance to provide " for the improvement of the Roads in the " neighborhood of, and leading to the City " of Montreal, and to raise a fund for that " purpose." (31st December, 1840. ) 23 3. 4 and 6 Victoria, Chapter 35. — An Act to amend the Ordinances of the Legislature of the late Province of Lower Canada, pro- viding for the improvement of the Roads in the neighborhood of the City ot Mont- real. (18th September, 1841.) 41 4. 6. 8. 7 Victoria, Chapter 14.— An Act to exempt Vehicles conveying iiiaiinre from the Cities and Towns of this Province from the ptiy- ment of Tolls on Turnpike Roads, and for the purposes therein mentioned. (9th De- cember, 1843.) 9 Victoria, Chapter 67.— An Act to amend and extend the Laws relative to the Turn- pike Roads in the neighborhood of Mont- real. (9th June, 1846.) 12 Victoria, Chapter 25.— An Act to exempt Naval and Military Officers and others on duty in Her Majesty's Service from the payment of Toll upon any Turnpike Road in this Province. (30th May, 1849.) 9. 10. 12 Victoria, Chapter 120.— An Act to author- ize the Trustees of the Montreal Turnpike Roads to purchase the St. Michel Road, and to open a road to the Village of Sault au Recollet. (30th May, 1849.) 13 and 14 Victoria, Chapter 103.— An Act to authorize the Exchange of certain Turn- pike Road Debentures for others of the same total value, but being respectively for smaller sums. (10th August, 1850.) 27 Victoria, Chapter 32.— An Act to amend the Acts and Ordinances concerning the Montreal Turnpike Roads as regards that portion of the said roads knovsrn as the '' Victoria Road." (Ist October, 1863.)... 33 Victoria, Chapter 34.— An Act to exempt ministers of religion, in the performance of their duties, from the payment of tolls on bridges and roads. (1st February, 1870.). Pagb 47 49 54 55 60 62 •••••••t 64 m 11. 12. 13. 14. Soction 288 of 37 Victoria, Chiipter 51.— An Act to revise atul consolidate the Charter of the City of Montreal and the several Acts aniending the same. (28th Jainiary, 1874.) Section 3 of 56 Vi(!toria, Chapter 81. — An Act to authorize the Cote St. Antoine Road Company to sell part of Western Avenue, and granting the said Company further powers. (27th February, 1893.) . 68 Victoria, Chapter 44. — An Act to amend the Ordinance 3 Victoria, Chapter 31, intituled " An Ordiiiance to provide for " the improvement of the Roads in the " neighborhood of, and leading to the City " of Montreal, and to raise a fund for that " purpose," and the several Ordinances and Acts amending the same. (12th January, 1895.) Paqb 65 66 67 59 Victoria, Chapter 65. — An Act to author- ize the Trustees of the Montreal Turnpike Roads to redeem certain debentures, and for that purpose to issue a new series of debentures. (21st December, 1895.) 70 14 pr 3 VICTORIA, (JAP. XXXI. An Ordinance to provide tor the improvement of the Roada in the neighborhood of, and leadin}^ to the City of Montreal, and to raine a tund for that puipose. (Assented to 15th June, 1840.) WHEREAS the siate of the Roads in the neigh- borhood of, mid leadinji; to the City of Montreal, iw such as to render their improvement an object of immediate and urj^ent neceswity, and it is therefore expedient to provide means for effecting sneh improvement, and to create a fund for defray- ing the expense thereof, and the expenses necessary tor keeping the said Roads in permanent repair : Be it theretore Ordained and Enacted by His Excel- lency the Governor of this Province of Lower Canada, by and with the advice and consent of the S[>ecial Council for the affairs of this Province, con- stituted and at-sembled by virtue and under the authority of an Act of the Parliament of the United Kingdom of Great Britain and Ireland, passed in the first year of the reign of Her present Majesty, intituled, "J.w Act to make temporary provision for the •' Government of Lower Canada ; " and also by virtue and under the authority of a certain other Act of the same Parliament, passed in the Session held in the second and third years of the reign of Her present Majesty, intituled, "^/i Act to amend an Act ^^ of the last Session of Parliament, for making tem- ^^ porary provision for the Government of Lower " Canada ; " and it is hereby Ordained and Enacted by the authority of the said Acts of Parliament, that it shall and may be lawful for the Governor of the said Province, by Letters Patent under the Great Seal of the Province, at any time after the passing of this Ordinance, to appoint not less than five, or Prnamble. The Governor may appoint Trustees for opening, mak- iiiKi and keep- ing in repair certain Roads leading to Montreal. 8 more than nine persons to be, and who, and their successors, to be appointed in the manner herein- after provided, shall be Trustees for the purpose of opening, making and keeping in repair the Roads hereinafter specified. In case of the II. And be it further Ordained and Enacted by anfofthe'"' the authority aforesaid, that in case of the death, Trustees, the ^bscnce for more than three months from the rro- appoKhers yince, miscouduct, inability, or neglect to act, or m their place, ^.^g- j^^^-^,^ ^f ^^^y one or morc of the Trustees zo to be appointed, the Governor of the said Province may declare a vacancy in the said Trust, and supply and fill such vacancy by the appointment, by Letters Patent, of other one or more Trustees as the case may require ; and until auch appointment, the re- maining Irusteo or Trustees, and the majority of them, shall continue to do and perform all and every the acts, matters and things necessary for and pertaining to their Trust and the purposes of this Ordinance. III. And be it further Ordained and Enacted by the authority aforesaid, that the said Trustees, for all the purposes of this Ordinance, may sue and be sued, and int;wer and be answered unto in all Courts of Justice and other places, and may acquire pro- perty and estate, moveable and immoveable, which being so acquired shall be vested in Her Majesty for the public uses of the Province, subject to the management of the said Trustees for the purposes of this Ordinance, and may in the moaner which they shall deem fit, cause the said Roads, and each of them, and the Bridges thereupon, to be improved and widened, repaired and made anew, and may change the direction of the %aid Roads, or of ; -y or either of them, a.id may caune to be repaired and made anew and maintiiined all drains and other passages which they may deem ne;;essary. either within or without the fences on the sides of the said Roads, or of any of them, or in or throngh any lands or Trustees may sue and be sued* &o., and may acquire pro- perty and estate. May improve, widen, repaii, &0-, the said Roads and Bridges there- on, in t'le man ner they may deem fit. 9 premises whatsoever, and may for the purposes aioiesaid, or for any of them, by themselves, their agents and servants, go into and enter upon any land or real property whatsoever, and take there- from any earth, stone or other materials which they may deem necessary for the purposes of this Ordi- nance, and may cause to be erected gates, toll-bars, May erect toii- turnpikes, turnpike houses, and other buildings, tumpfkesfeto., and may from time to time appoint and employ a pFo'lr a^rwyor Surveyor, and all such officers and persons, under g^^g^l^^^/P^^^'^j them, as they may deeni necessary for the purposes t^«Pjj"'<'o™p«n- of this Ordinance, and may remove puch Surveyor and other officers and persons, or any of them, and appoint others in their stead, and may cause to be given, and take and receive from such officers and persons respectively, security for the due perform- ance of their respective duties, and may pay to such Surveyor, officers and persons, such reasonable compensation as the said Trustees shall deem meet, and generally to do and perform all such matters and things as may be necessary for carrying this Ordinance into eft'ect, according to the true intent, meaning and object thereof ; any law, statute or usage to the contrary notwithstanding. IV. And be it further Ordained and Enacted by ^le" a^Vor"* the authority aforesaid, that if the said Trustees, in lands acquired the execution of their Trusi., and for the purposes of who'cannoUn this Ordinance, shall, as they are hereby authorized ofTw seiT Co do, acquire and hold any lands or grounds belong- "**"*• ing to or in the possession of any body politic, com- munity, corporation, or other person or persons whomsoever, who cannot in common course of law, sell or alienate any such lands or grounds, an annual rent to be fixed by agreement or by arbitration, and not a principal sum, shall be paid as an equiva- lent ; and in case the said parties shall not agree upon the amount of such rent, or upon arbitration to fix the same, the said rent shall be settled and determined by the judgment of any Court of competent jurisdiction, to be rendered in an action course 10 or actions to be instituted for that purpose by the - parties concerned, against the said irustees Pro- vided always, that if the amount at which the said annual rent shall be settled by such judgment, shall not exceed any sum which the said Trustees may have tendered, previously to the institution of such actions, the parties instituting the same shall pay a costs of suit, but if otherwise, the said Trustees shall pay all costs of suit; and for the payment of the The tolls to be gaid annual rent, and every other annual rent agreed Lrtfair upon or ascertained, for the purchase of any lands annual rents. ^^ Q^^ds the said tolls to be levied and collected thereon, shall be, and are hereby made liable and chargeable in preference to all other claims wnat- soever. V And be it further Ordained and Enacted by the authority aforesaid, that the said Trustees, before acquirins^ any land for the purposes of the said Irust (except in the case provided in the fourth section ot this Ordinance), shall pay to the proprietor or pro- prietors thereot the just and reasonable value ot such land, and they shall make reasonable satisfac- tion to each and every person, body politic or corporate, who shall have suffered damage by reason of anything done by them in carrying this Ordinance into effect, beyond the amount of such damage, as the party might have been bound to suffer, without compensation, before the passing of this Ordinance, by the laws of this Province ; and if the party entitled to such value or compensation shall not be satisfied with the sum offered by the said Trustees ; the same shall be decided by a Jury to be empan- nelled and sworn for that purpose, at any sitting of the Court of Quarter Sessions for the District of Montreal, at the suit of the party sustaining such damage ; and if the damages awarded by the verdict of such Jury shall exceed the compensation offered, the Trustees shall pay the costs of suit, wr-ich shall otherwise be paid by the party who snail have brought the same. Trastees, before acquir- ing any land from proprie- tors, to pay them the value of such land, and compensa- tion for dam- ages suffered* If the party entitled to such value, etc, be not satisfied with the sum offered, the same to be decided by a Jury. 11 VI. And be it further Ordained and Enacted byTheTrnatoes the authority aforesaid, that the said Trustees, or aSie'o^thrir majority of them, may, by an Instrument in writing [rt25iSe^r%f signed by them, appoint one of their number to be'*'"''''™'^ the Manager of the said Trust ; and any and all acts, matters and things by him done and performed in and about the aaid Trust, and for the purposes of this Ordinance, and any and all writings and docu- ments whatsoever, relating to or connected with the said Trust and the purposes of this Ordinance, signed by him, and countersigned by two of the other Trustees, in case they be five in number, or by three of the other Trustees, in case they be more than five in number, shall be held to be good and valid to all intents and purposes whatsoever ; Pro- p^^-g^g vided always, that the said Trustees, or a majority of them, may, by an Instrument under their hands, revoke such appointment, and appoint in like manner any other of their number Manager as aforesaid ; and Provided also that nothing herein contained shall prevent or be construed to prevent the Trustees, or the majority of them, from acting collectively for all the purposes of their Trust and of this Ordinance, without appointing a M^anager as aforesaid. VII. And be it further Ordained and Enacted by Roads over the authority aforesaid, that the Roads to and over Jowera^of* the which the provisions of this Ordinance, and the™jf''»»'^i powers of the said Trustees shall extend, are : — Firstly. — The Upper Lachine RoaS, from the boundary of the City and Town of Montreal, to- wards the south-west, to the upper entrance of the Lachine Canal, and the continuation of the said Road towards the Pointe Claire, two hundred yards above and beyond the said upper entrance of the said Canal. Secondly. — The main Road from the boundary of the said City and Town, towards the north-east to the Ferry over the River des Prairies^ at the place rrr' n I 12 commonly called Boat de V Isle, in the Parish of La Fointe aux Trembles. Thirdly.— The Cdte des Neiges Road, .from the boundary of the said City and Town, towards the north-west, to the place called IJ A bord a Plouffe on •the said River des Prairies. Fourthly -The main Road commonly known as the continuation of the St. Lawrence Street, and leading in a north-westerly direction from the City boundary to Mile End Tavern, and thence in the same direction to a point on the eaid River d.es Prairies, in the Parish of Sault au Becollet. Fifthly. — The Road commonly called the Road of the Cdte St. Catherine, from the said Road thirdly above mentioned to the said Road lastly above mentioned, and thence to the Road next hereinafter mentioned. Sixthly. — The road commonly called the Victoria Road, from the boundary of the said City and Town, towards the north-east, running to the north-west until it joins the Road last above mentioned. Seventhlv. — The Lower Lachine Road, from the boundary of the said City and Town, towards the south to, and one hundred yards beyond, its junction with the cross Road leading from the said Lower Lachine Road to the Upper Lachine Road, herein- after mentioned at or near the Village of Saint Henri. Eighthly. — The cross Road last above mentioned, and throughout its whole length as above defined. Ninthly. — The said Lower Lachine Road, from a point one hundred yards below, and ti the eastward of the Church of the Parish of Saint Michel de Lachine, to its junction with the said Upper J( 18 Lachine Road: Provided always, that the word " Road," in this Section shall be construed to mean as well front roads as routes or bye-roads, and any new Road or part of a road (between the said poiiits of beginning and ending of each Road respectively), to be made by the said Trustees as well as the now existing Roads or portions of Roads between such points. [VIII. — Repealed by Acts 4 and 5 Victoria, Cap. 35. Vol. 1. Canada Acts.] IX. Provided always and be it further Ordained g^Xll Midl- and Enacted by the authority aforesaid, that Her tary persons. Majesty's Mail, and persons, animals and carriages horses in h. m. employed in the conv^eyance thereof. Her Majesty's perlonsattend- officers and soldiers being in proper staff or Regi- Jfj^/^Kee*'' mental or Military uniform, dress or undress, and their horses (but not when passing in a hired or private vehicle), and all carriages and horses belong- ing to Her Majesty, or employed in her service, when conveying persons in such service or returning therefrom, and all recruits marching by route, and all persons, animals, and carriages attending funerals, shall pass toll-free through any Turnpike and Toll- gate to be erected under the authority of this Ordinance. [X. and XI. — Repealed.] XII. And be it further Ordained and Enacted by Trustees may the authority aforesaid, that the said Trustees may, toUswlth^any if they think proper, commute the tolls on any""'""* Road, or portion thereof, with any person or per- sons, by taking a certain sum, either monthly or yearly, in lieu of such tolls. XIII. Provided always, and be it further Or- May make an dained and Enacted by the authority aforesaid, that rangemenfwith the said Trustees may make such equitable arrange- SeJirou^of ment, with any person desiring or having occasion °^*f^^l *^/j,f to cross any one or r^vve of the said Roads, as to u them may seem just and reasonable ; and may from time to time, if they shall deem it advantageous to the public, let or farm the tolls to be levied on any May let the of t^i^ Said Roads, by public auction to the highest tolls by auction and best bidder, for a time not exceeding one vear for one year. . , , . , i m . ^ '' . m any case, taking good and sufficient security from the farmer or lessee. Under whose ^l^- Aud be it further Ordained and Enacted 2wSlnu™e'"' ^y *^® authority aforesaid, that the said Roads said Roads aie shall, from and after the passing of this Ordinance, •he tolls are**to be and remain under the exclusive management, be applied. charge and control of the said Trustees, and the tolls thereon shall be applied solely to the necessary expenses of the management, making and repairing of the said Roads, and the payment of the interest on and principal of the debentures hereinafter mentioned ; and all powers, authorities, jurisdiction and control over or with regard to the said Roads, or any of them, heretofore vested in any Grand Voyer, Overseer of Roads or Road Surveyor, or other Road-officer, by a certain Act - ^ssed in the thirty-sixth year of the Reign of King George the Third, intituled, " An Act for making, repairing "and altering the highways and bridges in this " Province, and for other purposes," or by any other Act or Ordinance or Law whatever, shall cease and determine from and after the passing of this Or- dinance. XV. And be it further Ordained and Enacted by the authority aforesaid, that from and after the Persons bound by law to per- form any ottheaM^^ passing of this Ordinance, each and every person ^mmitSbJthea"ike-gato, toll-bar, toll house, em- bankment, drain or work, of any kind whatever, erected or made under the authority of this Ordi- nance, such person or persons so offending shall be guilty of a misdemeanor, and being thereof lawfully convicted before any Court of competent jurisdiction, may be punished by fine and imprisonment; and if any person shall forcibly pass or attempt to pass any such such turnpike-gate or toll-bar without having first paid the legal toll thereat, such person or persons shall incur a penalty not exceeding forty shillings currency for each offence. XXVI. And be it further Ordained and Enacted Pwaityonper- ... Ill sonsobstruoi- by the authority aforesaid, that no person shall ing any of the leave any waggon, cart or other carriage, nor shall lay or leave any matter or thing creating any obstruction of any kind in or upon any of the said Roads, or the ditches or drains thereof, or those made by or by order of the said Trustees, under a penalty not exceeding twenty shillings currency for each offence. XXVII; And be it further Ordained and Enacted Penalty on per- 1 1 1 ' r ' -I 1 1 • i> *•*"* attempt- by the authority aforesaid, that if any person or ing, to evade persons shall, after proceeding upon any of the said •'*'""* ° Roads (whether in the winter season or in any other season), with any carriages, animals or things liable to toll, turn out of the same into any other Road, so as to evade payment of toll, at any turnpike-gate or toll-bar, such person or persons shall, for each such offence incur a penalty not exceeding ten shillings, and the said Trustees shall and may place turnpike- pi'," e*turi?f.the ffates and toll-bars on and across the entrance of«'tes across the ^ 1 T • i p /• ,1 entriince iif any any passage or way leading into or from any of the way leading said Roads, in order to prevent such evasion of toll. R^ads * **" H Penalty on per goni permittiiiK other* to pmi throiiRb their landH HO an to avoid iinyiiiR toll, and alio on thogn no per- mitted to avoid luoh paymanti. Penalties not exceeding 40b. how to be re- covered and disposed of. Proviso. XXVII I. Aj»(1 \w it fiirtht'f 'Onlii'ujo*! tuid Knacted by the luithority iitoroHuid, that it' any purnon or |»«M-rt((iirt, body politic or corporate, occupying or jioHHCHsing any ciicb>8ed lands noar any of the said KoadH Hhall, whether in the winter or at any other season, knowingly permit or suffer any person or l)erHons to paws through such lands, or through any gate, passage or way thereon, with any earriag , animal or tiling liable to the payment of toll on such Road, tor the purpose of avoiding, and so as to avoid the ]»itynu'nt thereof, such person or persons BO oft'ctuling, ainl the person or persons so unlaw- fully permitted to avoid such payment shall each and severally incur a penalty not exceeding ten shillings currency for each offence. XXIX. And be it further Ordained and Enacted by the authority aforesaid, that all penalties impoeed by this Ordinance, and not exceeding forty shillings for each offence, may be sued for atid recovered with costs, on the oath of one competent witness, before^ any two Justices of the Peace for the District of Mont 3al, who may, on conviction, commit the often er to the Common Gaol of the District, for a period not exceeding two weeks for each offence, or until such penalty and costs be paid : and one moiety of all such penalties shall belong to the informer, and the other moiety to the said Trustees: Provided always, that any member, officer or servant of the Corporation shall be a competent witness, if he be not the informer, or if he be such informer, and renounce all claim to any portion of the penalty, which shall in such case belong w^holly to the said Trustees for the purposes of this Ordiinnce. Pwrspna^cora-^^ XXX. Provided always, and be il lurthcr Or- to\e liable to daiued and Enacted by the authority aforesaid, that fo?Jn"dHmlgegeach and every person committing any offence JSMSiTtbeMof. iigainst the provisions of this Ordinance shall, in iiddition to any penalty imposed by it for such vifencp, be liable to the said Trustees for all damages bov may have sustained by reason of such offence. 81 XXXI. Alul I.e it Wu'tUvr OnlaiiuMl mi.l Ktnu-tcMl Tni^wjo^^.r- hy tho imthorit.v utoroHuid, thai fhu nai.l TriiHttn^H ~-u^^ thsir Hhiill lav (liitailed accountH ot all uk.iic.vh l»y tlu^tiJ proo.edinM. roi'oivod and I'XpeiKUul uiitlor the anthority «)i tliiH thewiw. Onl'Daiicc, HUpportod bv proper vouchorH, and alno detailtid rrportn of all thoir doiiigH and procecdingw under tho miid authority, hcton' such ofhcor, at such time, and in H\u;h manner and form, and niiall publish tho same in Huch way. at tlie exponno ot tho said TruHtees, m tho Governor nhall be pleawod to dire t. XXXII. And be it further Ordained and Knacted Th«;j»;;^,„ by the authority aforenaid, that the word ' Gover-deUned. nor" in to bo understood as comprehending and meanitig the Governor, the Lieuteiuint-Governor, or perHon adminintering the Government of tho said Province. XXXIII. And be it further Ordained and Knacted Ke aStrc"" ])y the authority aforesaid, that this Ordinance shall one. be a pubhc Ordinance, and as such shall be taken notice of, hekl, and allowed in all Courts and else- where, and by all Judges, Justices and persona whatsoever, without being specially pleaded. XXXIV. And be it further Ordained and Enacted ^l^^^l^'^^J'*^- by the authority aforesaid, that this Ordinance shall "*""" ""''' be a permanent Ordinance, and shall be in force until repealed or altered by competent authority. Form of De- bentures. 22 SCHEDULE A. Certificate No. Currency. Int. at per cent. 18 i n INTEREST. On tliis Certificate PAID. To Jan. 18 Receipt No. July Jan. 18 — July Jan. 18 — July Jan. 18 — July Jan. 18 — ROAD LOAN. Certificate No. :} Currency. J Montreal, 18 We Certif\, that under the auth- ority of the Provincial Ordinance of Lower Canada, passed on the Fifteenth day of J une, 1840, (3rd Victoria, Cap. 3T), intituled. "An Ordinance to pro- "vide for the improvement of the " Roads in the neighborhood of, and " leading to the City of Montreal, and " to raise a Fund for that purpose," there has been bcrrovred and received from the sum of Pounds currency, being interest from the date hereof at the rate of per cent, per annum, payable half yearly on the day of and which sum is reimbursable to the said or bearer hereof on or before the day of in the manner pro- vided for by the Provincial Ordinance aforesaid. Registeked by 1 ! j' Trustees ; 1 ! i 1- C. rOULETT THOMPSON. Ordained and Enacted by the authority aforesaid, and passed in Special Coun- cil under the Great Seal of the Pro- vince, at the Governinent House, in the City of Montreal, the fifteenth day of June, in the third year of the Reign of our Sovereign Lady Victoria, by the Grace of God. of Great Britain and Ireland, Queen, Defender of the Faith, and so forth, and in the year of Our Lord one thousand eight hun- dred and forty. By His Excellency's Command, W. B. LINDSAY, Clerk Special Council. i k-lA 23 N. >NTREAL, 18 der the auth- Ordinance of I tho Fifteenth Victoria, Cap. nanco to pro- iment of the rhood of, and Montreal, and ;hat purpose," 1 and received inds currency, e date hereof per cent, per irly on the which sum is iore the e manner pro- ial Ordinance Trustees MPSON. e authority >ecial Coun- )f the Pro- : House, in le fifteenth year of the \y Victoria, •eat Britain tider of the the year eight hun- n tid, SAY, .1 Council. 4 VICTORIA, CAP. VII. An Ordinance to amend and extend the pro- visions of an Ordinance passed in the third year of Her Majesty's Reign, intituled, "An Ordinance to provide for the improve- '• ment of the Roada in the neighbourhood " of, and leading to the City of Montreal, " and to raise a fund for that purpose." (Assented to Slst December, 1840.) WHEREAS it is expedient to amend a certain Preamble. Ordinance, passed in the third year of Her Majesty's Reign, and intituled " Aii Ordinance to " r)rovide for the improvement of the Roads in the " neighbourhood of, and leading to the City of " Montreal, and to raise a fund for that purpose," and to extend the provisions thereof to ticrtain other Roads and for certain other purposes : — Be it therefore Ordained and Enacted by His Excellency the Governor of this Province of Lower Canada, by and with the advice and consent of the Special Council for the affairs of this Province, constituted and assembled by virtue and under the authority of an Act of the Parliament of the United Kingdom of Great Britain and Ireland, passed in the first year of the Reign of Her present Majesty, intituled, "Irt " Act to make temporary provision for the Government " of Lower Canada ; " and also by virtue and under the authority of a certain other Act of the same Parliament, passed in the Session held in the second and third years of the Reign of Her present Majesty, intituled, "-An Act to amend an Act of the last Session " of Parliament, for making temporari/ provision for ^'the Government of Lower Canada;'' and also by virtue and under the authority of a certain other Act of the same Parliament, passed in the Session held in the third and fourth years of the Reign of Her present Majesty, intituled, ''An Act to Re-unite " the Provinces of Upper and Lower Canada, and for f I 4 The provisions of theOrd. 3, Vict. c. 31, and the powers of the Trustees therein men- tioned, with reference to certain ronds extended to certain other roads. The Trustees may substitute another line of road 1 or the Upper Laohine Road, or may retain the same. 24 " the Government of Canada; " and it is hereby Or- dained and Enacted by the authority of the same, and by virtue of the powers in them vested by the said Acts of I'arliament that in addition to the Roads to and over which the provisions of the afore- said Ordinance, passed in the third year of Her Majesty's Reign, and the powers of the Trustees therein mentioned are extended by the seventh section of tlie said Ordinance, the said provisions and powers shall be and are hereby extended to the Roads hereinafter mentioned, as fully as if the said Roads were expressly mentioned, and included in the seventh section of the said Ordinance, or as if the said powers and provisions in the said Ordinance contained Avere embodied in this Ordinance, and hereby re-enacted with reference to the said Roads, that is to say : — Firstly, — To the C5te St. Antoine Road, from the boundary of the said City of Mont- j-eal, towards the south west to the point where the said Road strikes the Road running from the Upper Lachine Road, in a north-westerly direction, nearly at right angles to the Road last aforesaid : — Secondly, — To the last mentioned Road, from the point of its departure from the said Upper Lachine Road, in a nortli-w^esterly direction to its junction with the Cross Road running in a north-easterly direction to the Cote des Neiges Road, and the said Cross Road from the said point of junction until it strikes the said Cote des N'eiges Road. II. And be it further Ordained and Enacted by the authority aforesaid, that it shall be lawful for the Trustees appointed or to l)e appointed under the authority of the Ordinance herein last above cited to make, open, keep up, widen, or alter, as the case may require, a road from any point within one hundred yards of the Stone Windmill at the eastern end of the village or place commonly called the Tanneries, on the Upper Lachine Road, to the main front Road of the concession commonly called La C6te Saint i'aul, and thence along the said front I- 25 Road to a point at or within one hundred yards of the land commonly called McNaughton's Farm, from which point the Road may be carried across to a point on the Upper Laehine Road, at or within one hundred yards of the place on the said Upper Laehine Road commonly known as the " Petit Vil- lage de Laehine ; " or from the point hereinbefore mentioned, at or within one hundred yards of the land commonly called McNaughton's farm, it shall and may be lawful for the said Trustees, if they shall deem it more advantageous for the public to continue the Road in a south-westerly direction to a point on the Lower Laehine Road ninthly men- tioned in the said seventh section of the Ordinance aforesaid, at or near the Bridge over the Laehine Canal, instead of carrying the Road across to the Upper Laehine Road, as aforesaid ; or, should the said Trustees on further examination deem it more advantageous for the public to retain the Upper Laehine Road as provided by the aforesaid Ordi- nance, passed in the third year of Her Majesty's Reign, intituled, "An Ordinance to provide for the " improvement of -the Roads in the neighbourhood " of, and leading to the City of Montreal, and to " raise a fund for that purpose," it shall be lawful for them so to do, and in that case all the provisions of this Ordinance touching the substitution of any other line of Road for the said Upper Laehine Road, shall be void and of no effect. III. And be it further Ordained and Enacted by Certain powers the authority aforesaid, that all the powers and vested in the authority vested in the said Trustees by the said Sf toTC Ordinance, with regard to the several Roads andR^^'J^^^^J***"'- portions of Roads mentioned in the seventh section ^PXance.*''" thereof, and all the provisions and enactments of the said Ordinances, concerning the said Roads or any of them, or to the taking, purchasing or acquiring of any land, ground or materials by the said Trus- tees, tor the purpose of making, altering, widening or changing the place of the said Roads or any of i !l n I I Ml i i 26 them, or to the erecting of toll-bars and turn-pike gates' thereon, or to any other matter respecting the said Roads or any ot them, touching which no special provision is made in this Ordinance, shall be and are hereby vested in the said Trustees, with regard to the Roads they are authorized to open by this Ordinance, and that the powers and authority of the Grand Voyer of the District of Montreal, or of any Magistrates over or concerning the said Roads or any of them, shall, from and after the date of the notitication mentioned in the twelfth section of this Ordinance, cease to be vested in that officer, and shall be vested in and possessed by the said Trustees. 'iiiiii In case the line of road firstly mentioned in the second sec- tion should be adopted, a cer- tain portion of the Upper La- chine Road to be excepted from the opera- tions of the 0rd.3Vict.,c. 31. And in like case, the said new line to be substituted for that portion of the Upper Laohine Road. IV. And be it further Ordained and Enacted by the authority aforesaid, that if the said Trustees should adopt the line of Road firstly mentioned in the second section of this Ordinance (either with or without adopting the line secondly mentioned in the said section), then and not otherwise, so much of the said Upper Lachine Road mentioned in the seventh section of the said Ordinance, as shall lie between the point of departure therefrom of the Road running in a north-westerly direction secondly mentioned in the first section of this Ordinance, and a point at or within one hundred yards of the place on the said Upper Lachine Road, commonly called " Petit Village de Lachine," shall be and k hereby excepted from the operation of the said Ordinance, and the control of the said Trustees over so much of the said Road, under the fourteenth or any other section of the said Ordinance, shall cease and determine as if such portion of the said Road bad not been included or mentioned in the said seventh section, or in any other part of the said Ordinance; any thing therein contained to the con- trary notwithstanding. V. And be it further Ordained and Enacted by the authority aforesaid, that if the said Trustees should adopt the line of road firstly mentioned in the second section of this Ordinance (either with or 27 turn-pike ' scting the vhich no i, shall be ees, with ) open by authority itreal, or the said after the e twelfth 3d in that id by the lacted by Trustees tioned iii 3r with or itioned in , 80 much ed in the * shall lie im of the 1 secondly )rdinance, 'ds of the commonly be and is the said [ Trustees fourteenth mce, shall f the said led in the of the said ,0 the con- in acted by [ Trustees iitioned in er with or v^ without adopting the line secondly mentioned in the said section), then, and not otherwise, the Roads which the said Trustees shall make under the authority of the second section of this Ordinance, and so much of the said front Road of La C6te Saint Paul, as shall be adopted as part of the said Roads respectively, shall be and are hereby for all the purposes of the said Ordinance substituted for that portion of the said Upper Lachine Road, which is hereby excepted from the operation of the said Ordinance ; and the rates and tolls established by the said Ordinance for and in respect of the said Upper Lachine Road, shall be payable and exigible under the provisions of the said Ordinance, for ai.d in respect of the Roads hereby substituted for a portion of the said Upper Lachine Road, together with those portions of that Road, which are not hereby excepted from the operation of the said Ordinance ; and the rates and tolls on the several other Roads placed under the control of the said Trustees by the said Ordinance or by this Ordinance shall be proportioned according to the length of the said Roads respectively, as compared with the whole distance from the boundary of the City of Montreal, to the upper entrance of the Lachine Canal, measured along the Roads hereby substituted for the Upper Lachine Road. VI. And be it further Ordained and Enacted by Trustees may the authority aforesaid, that in order to complete to TO*mpietT the communications from the main Road in the ^i*n*> tlons". seventh section of the said Ordinance secondly a^d^7J^a°; mentioned, to the main Road commonly known as and othwiands "The Quebec Road," on the north bank of the ment8?&c" of River St. Lawrence in the Parish of Repentigny, '"°'* ''"'^«''' and to the Road on the east bank ot the River L'Assomption, and to the Roads in the Parish of Lachenaye, on the west bank of the last mentioned river, and on the north-west bank of the River Ottawa, it shall and may be lawful for the said Trustees, and they are hereby authorized to cause l^'''-\ ■ ■ , ' I i' i'il I 28 to be erected and built such and so many bridges as shall be requisite and necessary for the purpose ; and to that end the said Trustees are hereby author- ised (in like manner as by the aforesaid Ordinance tney are authorized, to acquire and hold immoveable property for the purposes of the said Ordinance) to acquire and hold any Island or Islands, situate and being at or near the confluence of the said Rivers L'Assomption and Ottawa with the River St. Law- rence, and below the Isle Jesus, and also in like manner to acquire and hold such lands in the Island of Montreal, and in the Parishes of Repentigny and Lachenaye respectively, as the said Trustees shall deem requisite and necessary for the abutments of such bridges, or for any other purposes of this Ordi- nance, or to render the approaches to such bridges Proviso with proper and convenient : Provided always, that the loqulsition ot purchasc or acquisition of the Islands and lands or such property ; ^ny or either of them, hereby authorized to be pur- chased or acquired by the said Trustees, shall not be deemed to be complete, nor shall any money be paid therefor until the same shall have received the sanction and approval of the Governor of this Province and that the property of all such land, islands or immoveable property so acquired as afore- said, shall be vested in Her Majesty, her heirs and successors, for the public uses of the Province ; and provided also that the plan or plans of the bridge or bridges to be erected and built as aforesaid, and the contract or contracts to be made or entered into, for erecting and building the same respectively, shall be subject to like previous approval and sanction of the Governor of this Province, before they shall be entered into or carried into execution by the said Trustees, and before any work shall be commenced according to any such plan, or under the authority of this section, t^beTrS*" ^^^- ^'^^^ be it further Ordained and Enacted by between Me the authority aforesaid, that the said Trustees shall, Bourdon ana . . iit ii -i the Island of auu ttiev are hereby directed and required to cause Montreal. ^ j i And to the plans and contracts for the erection of said bridges. ■idges as lurpoee ; ' author- •dinance loveable ance) to late and i Rivers St. Law- 1 in like le Island gny and 568 shall nents of [lis Ordi- L bridges that the lands or ) be pur- hall not oney be received r of this ch land, as afore- leirs and ice ; and e bridge said, and 3red into, )ectively, 3val and :e, before jxecution shall be or under 29 a draw-bridge or opening of at least forty feet wide to be made over the main channel of the river, in the bridge to be erected over the same between the Isle Bourdon and the Island of Montreal, and to cause the said draw-bridge to be so constructed that it may be drawn up or otherwise opened tor the passing of Sloops, Schooners, Steamboats, or other vessels with sta.iding rigging or other contrivances rising above the deck, navigating upon tlie said river ; and the said Trustees shall, and they are hereby authorized to employ one or more proper per- son or persons, who shall, during the season of +he navigation, cause the said draw-bridge to be drawn up or otherwise opened without delay, as often as he or they shall be required so to do by the owners or persons navigating or having charge of such vessels as aforesaid respectively, which shall have occasion to pass through the said bridge so that such vessels may pass through the same, with their rigging or other contrivances as aforesaid standing without interruption, fee or reward, any thing in this Ordi- nance to the contrary notwithstanding. VIII. And be it further Ordained and Enacted by Trustees may the authority aforesaid, that in all cases where thef^Knd *"' said Trustees shall deem it expedient to purchase }||and8.^^ith^f and shall purchase and acquire any land or lands, the uovemor. island or islands for the purposes of their said Trust, and if it shall afterwards appear to the said Trustees that the said land or lands, island or islands, or any parts or portions thereof respectively, may be dis- posed of advantageously for the said Trust, it shall and may be lawful for the said Trustees, with the approval and sanction of the Governor of this Pro- vince, to agree with any party or parties concerning the sale or disposal of the said land or lands, island or islands, or part or portions thereof (eithef by public auction or by private sale or agreement, or by exchange or otherwise), or the letting aiid leas- ing of the same for any given portion of time, not exceeding twenty years at a time ; and it shall be Trustees to exact and re- ceive tolls on said bridges. I 30 lawful for the Governor of this Province to cause the requiHite grant, deed, lease or other instrument to he executed in and on Her Majesty's name and hehalf. according to the terms so agreed upon by How the pro- tlic Said Trustccs with such party or parties ; and oeedsaretobe tlio moncvs arising Irom any sale or disposal, and applied. ^^^^^^ and"^undcr any lease of 'the said land or lands, island or islandn, shall be received and applied by the said Trustees to the purposes of the said Ordi- nance, and of this Ordinance, and shall be accounted for by the said Trustees accordingly. IX. And be it further Ordained and Enacted by the authority aforesaid, that the bridge or bridges to be erected and built by virtue of this Ordinance, shall be held and considered as forming part of the Roads placed under the control and management of the said Trustees under and by virtue of the said Ordinance, passed in the third year of Her Majesty's Reign, and of tins Ordinance ; and the said Trustees may and shall demand, levy, exact and receive, on each of the said bridges, at the toll-houses to be thereat established, from all and every person or persons who shall pass upon or use the said bridges or any of them, such tolls and rates as the said Trustees shall from time to time fix and establish : provided always, that such tolls and rates shall not in any case exceed those hereinafter mentioned, that is to say: — For every coach or other four- wheel carriage or vehicle, or winter carriage or vehicle without wheels, drawn by four horses, or other beasts, three shillings, currency : — For the same drawn by two horses or other beasts, two shil- lings and sixpence, currency ; — For the same drawn by one horse or other beast, two shillings, currency; — For every two-wheel carriage or vehicle drawn by two horses or other beasts, two shillings, cur- rency ; For the same drawn by one horse or other beast, one shilling and nine pence, currency ; — For every horse, mare, or mule, four pence, currency ; — For every ass, colt, bullock, bull, cow, or other neat Proviso. ^u Hii M M . J il 81 to cause itrument \me and upon by ies ; and )Hal, and n lands, plied by aid Ordi- ecounted acted by • bridges rdinance, irt of the ;ement of the said Majesty's Trustees iceive, on ?e8 to be )er8on or i bridges the said establish ; shall not entioned, her four- friage or lorses, or -For the two shil- ne drawn currency; ;le drawn ings, cur- 3 or other cy ; — For rrency ; — )ther neat fe. TruBtees may oonstruot toll- barfi.aild make regulations for the collection of the tolls. &o. A table of the tolls to be affix- ed at each toll- bar. or horned cattle, two pence, currency ;— For every hog, goat, sheep, calf or lamb, one penny, currency ; —For every man, woman, boy or girl, one penny, currency ; and the said Trustees may, and they are hereby authorized and empowered to construct toll- bars, or turnpike gates on the said bridge or bridges, or any of them, or on the approaches to the same, and to make and establish the regulations under which such tolls or rates shall be so levied or collected, and with the consent of the Governor ot this Province, may trom time to time, as they shall see fit, alter and change and modify the said rates and tolls and the said regulations, and may and shall prevent the passing through any such turnpike- gate or toll-bar of any person, animal, vehicle or thing from or on which any rate or toll shall l?e payable, until such rate or toll shall be paid ; and the said Trustees shall affix in a conspicuous plac;e at each turnpike-gate or toll-bar whereat any such rate or toll shall be payable, a table of the tolls to be taken thereat, and the regulations under which the same are to be levied plainly and legibly printed. X. Provided always, and be it further Ordained No^bigher^to^ns and Enacted by the authority aforesaid, that nothing than herein herein contained shall authorize the said Trustees at -*^''"-'^- a-7 time to establish, demand, levy, exact or receive any rates or tolls upon or in respect of the said bridges or any ot them, exceeding the rates and ^-lls hereinbefore authorized to be exacted and ^^^^^.^ ^^ •eived • and provided also that all persons, otncers, emptions from "^-cles,'and things exempted by the Ordinance tou. .rexnbefore cited, from tolls on the roads m the said Ordinance mentioned, shall in like cases be exempted from tolls on the roads and bridges established and constructed under the authority ot this Ordinance. XL And be it further Ordained and Enacted by P|;;,ai„tVf«;?^y'v;;y the authority aforesaid, that no person or Persons fo.hire^wHhin^ shall at any season of the year for hire or tor any .^i^ bridge. i!« -;*. 'Ml 82 \m valuable considorution, terry or transport by water, carnage, any other person or persons, or any quad- ruped or quadrupeds, vehicle or vehicles, or any package or packages of goods or any moveable effects whatever, upon or across the several rivers hereinbefore mentioned, or any of them, at any place or places within half a league of the bridges hereby authorized to be erected and built, or of any of them, under a penalty of five shillings, currency, for each i»erHon, quadruped, vehicle, package of goods, or moveable effects, which shall be so ferried (»r transported ; such penalty, with the costs of How to be re- prosecutiou, to be recovered on the oath of one or more credible witness, before any one of Her Majesty's Justices of the Peace for the District of Montreal, and to be levied of the goods and chattels of the defendant or defendants, by warrant under the hand of such Justice or Justices, or of one of them, if the same be not forthwith paid ; any law to the contrary notwithstanding. Provided always, that nothing in this section shall extend to prevent any person from carrying any other person or any goods for hire across the said river in winter vehicles and upon the ice. covered. Proviso. $ When the powers; &C't vested in the Magistrates. Grand Voyers and other Road Officers by the Act 36, Geo. III., c. 9, over the said several roads, shall cease. XII. And be it further Ordained and Enacted by the authority aforesaid, that notwithstanding any thing to the contrary in the fourteenth section of tlie sa'd Ordinance, passed in the third year of Her Majesty's Reign, or in this Ordinance contained, all and every the powers, authorities, jurisdictions and control over, or with regard to the several roads in the said Ordinance mentioned, or any or either of them, and to the several roads in this Ordinance mentioned, or any or either of them, heretofore and before the passing of the aforesaid Ordinance, passed in the third year of Her Majesty's Reign, vested in any Grand Voyer, Magistrates, Overseer of Roads, Road Surveyor, or other Road Officer, by the Act of ♦he Parliament of this Province, passed in the f irty-sixth year of the Reign of King George the 88 by water, my quad- !8, or any moveable 3ral rivers Q, at any le bridges or of any currency, ickage of so ferried ! costs of of one or 3 of Her district of id chattels ant under of one of ; any law ed always, to prevent on or any in winter Inacted by iding any section of ;ar of Her tained, all itions and X roads in either of Ordinance tofore and ice, passed vested in of Roads, ly the Act 5ed in the fcorge the Third, chapter nine, intituled, "An Act for making, " repairing and altering the HighvvayH and Bridges "within this Province, and for other [(urpoHcs," or by any other Act, Ordinant^;, or Law of this Pro- vince whatever, shall be and contiinie t<» be in full force and virtue, until the said Trustees shall, in writing, notify such Grand Voyer, Magistrates, Overseer of Roads, Road Surveyor or other Road Officers, that they, the said Trustees, have assumed and taken upon themselves, or will on a certain day assume and take upon themselves, for the purposes of the Trust in them vested, the control and maiuige- ment of the said Roads, or of any or either of them, or of any specified sections or portions of the said Roads or either of them. XIIL And to prevent delay in the formation and if -jM^y perfecting of the Roads in the aforesaid Ordinance compejation^^ passed in the third year of Her Majesty's Reign, and «atj.fi-^J,,^>th^ in this Ordinance mentioned : Be it further Ordained the amount to and Enacted by the authority aforesaid, that in ease ^e 5^Bj'j;^«t*d^ any party entitled to receive value or compensation for land, required for the purposes of the said Trust, shall not be satisfied with, and shall refuse to receive, the sum or sums of money offered therefor by the said Trustees, it shall be lawful for the said Trustees to appoint an Appraiser or Expert, and require the party dissatisfied to appoint another Appraiser or Expert, and to notify the said Trustees or their Secretary, in writing, of such appointment ; and the two Appraisers or Experts so appointed shall esti- mi.te and report to the said Trustees, the value or compensation to be paid to the said dissatisfied party; and in case of disagreement between the said Appraisers or Experts, or in case tlie party dis- satisfied shall refuse or neglect to appoint an Appraiser or Expert within twenty-four hours after written notice from the said Trustees, or their Secretary, shall have been left at the domicile or at the usual place of business of the said dissatisfied party, or in case the Appraiser or Expert of the dis- 3 I! I' j 1 1 1 '\ 1 i ) : \ ,1,1, 'I 1 I I i| '^aii 'ii"i ■II i satisfied |uirty sluill refuse or tiogloct to act within three days utter nueh appoiiitmeiit rihall have been notified to him, any one of the Justices of any one of Her Majesty's Courts of Law, holding superior jurisdietioii in the said District of Montreal sliall, e.r o///r/o, upon the summary petition of the Trustees, and proof on the oath of one credible witness, of either of the refusals or neglects aforesaid, forthwith appoint an Ai>[>raiscr or ExpiiH to act on behalf of the said dissatistied party ; and the Appraisers or Experts appointed as aforesaid shall estimate the value or compensation to be paid by the Trustees, and shall report the same to them in writing ; and in case of disagreen»ent between the Aijpraisers or Experts, they, the said Appraisers or Experts, shall appoint an tTmi>ire, or if they cannot agree on the appointment of an Umpire, one of the Justices aforesaid shall, without loss of time, ex officio, on the summary petition of the said Appraisers or Experts, or of the Trustees, appoint an Umpire ; and the Rei>ort of any two of tlie said Appraisers or Experts and [Empires, shall have eqiud ett'ect, as if the same had been, or were made by the two Appraisers or Experts con(Hirrently ; and upon the amount of such WhentheTrug- eHtimatcd and rei)orted value or i-ompensation, being tees may enter i i rn ■ ^ \i t i." ii 1 into and use ,|,iiy toudcred bv the Trustees to the dissatistied the said land. •' ., * ,, ,i*i "'i i.i' party, either personally or at his domicile, or at his usual place of business, it shall be lawful for the said Trustees, whether such tender be refused or accepted, immediately to enter into and upon the land required foi- the purposes of the said Trust, the value or compensation whereof shall have been tendered as aforesaid, without awaiting the empan- nelling, swearing in and decision of a Jury, as is required by the fifth section of the Ordinance afore- said, any thing in the said Ordinance, or in any other Ordinaiice or in any other law of this Pro- Neither party viuce, to the contrary notwithstanding. Provided ?ror!?equiring i'lways, that nothing herein contained shall be con- tbe decision ot strued to itrcvciit auv i)roprietor of land required a Jury as to ,. , i ,. , "^ ' • i m ^ ^i i the amount of for thc purposcs ot the said Trust, the value or com- pompensation, -*- * kct within lave been f any one Htiperior real wliall, I Trurttees, 'itness, of forthwith hohalf of raisers or imate the Trustees, ting ; and ►raisers or '>ei'ts, shall •ee on the Li Justices Icio, on the )r Experts, ; and the or Experts f the same araisers or lilt of such tioii, being ili88utisfied >, or at his :ul for the refused or upon the L Trust, the have been the empan- Tury, as is ance afore- or in any f this Pro- Provided lall he con- id required due or com- 85 pensation whereof shall have been estimated and tendureublic moneys in his hands ; such advances and payments to l)e thereafter accounted for, and repaid to the Govern- ment of this Province l)y the said Trustees and their successors, in the manner prescribed in and by thj twenty-third section of the said Ordinance, passed in the third year of Her Majesty's Reign. XVII. And be it further Ordained and Enacted, that over and above the sums which the said Trus- tees are authorized by the preceding section of this Ordinance and by the Ordinance hereby amended to raise by way of loan, it shall be lawful for the said Trustees, at any time and as often as occasion may require, to raise in like manner such further sum or sums, as may be necessary to enable the Trustees to pay off the principal of any loan which they may have bound themselves to repay at any certain time, and which the funds in their hands, or which will probably be in their hands at such time, and applicable to such repayment, shall appear The Trustees may raise fur- ther sums to pay off the principal of any loan becoming due at a cer- tain time under the same pro- visions as the previous loans- m i 1 i f. i; i: iii i!' \ ■ 1 i H 1 ! i [ Application of all public mon eys to be ac- counted for. 88 insufficient to enable them to repay. Provided always, that any sum or sums raised under the authority of this Section, shall be applied solely to the purpose herein mentioned, that no such sum shall be borrowed without the approval of the Governor, Lieutenant-Governor, or person adminis- tering the Government of this Province, and that the whole sum due by the said Trustees, under debentures then unredeemed and issued under the authority of this Ordinance and of the Ordinance hereby amended shall in no case exceed fifty-seven thousand pounds currency, and all the provisions of this Ordinance and of the Ordinance hereby amended, touching the terms on which any sum shall be borrowed under the authority thereof by the Trustees, the rate of interest payable thereon, the payment of such interest, the advance by the Receiver General of the sums necessary to enable the Trustees to pay such interest, and the repay- ment of the sums so advanced, shall be extended to any sum or sums borrowed under the authority of this section. XVIII. And be it further Ordained and Enacted by the authority aforesaid, that the due application of all public moneys, whereof the expenditure or receipt is authorized by this Ordinance, shall be accounted for to Her Majesty, Her Heirs and Succes- sors, through the Lords Commissioners of Her Majesty's Treasury for the time being in such manner and form as Her Majesty, Her heirs and Successors, shall be pleased to direct. The prorisions of the Ord. 3, Vict. 0. 31, relating to De bentures to be XIX. And be it further Ordained and Enacted hy the authority aforesaid, that all and every the provisions contained in the aforesaid Ordinance o^lnltce *^'^ passed in tho third year of Her Majesty's Reign touching and relating, or afi:ecting the debentures thereby authorized to be issued, shall apply to, and be in force, in regard to the debentures authorized to be issued under this Ordinance. 89 Provided under the d solely to such sum ra\ of the n adminis- , and that ees, under under the Ordinance fifty-seven provisions ice hereby 1 any sum thereof by le thereon, nee by the Y to enable the repay- xtended to ithority of nd Enacted application mditure or e, shall be md Succes- rs of Her 5 in such heirs and id Enacted [ every the Ordinance ty's Reign debentures ply to, and authorized XX. And be it ftirther Ordained and Enacted by P«fy»P».;^;|- the authority aforesaid, that if any person or P^^^onsan^bri^ge^ &c. shall cut, break down, destroy or wilfully injure misdemeanojr any road or roads, bridge or bridges, erected under "nYimprison- the authority of this Ordinance, or any material or g^'u^^Vfo*" materials or work or works of any kind or descrip- *X Act, the eighth, tenth and eleventh sections of the3i. Ordinance of the Legislature of the said late Pro- vince of Lower Canada, passed in the third year of Her Majesty's Reign, and intituled, An Ordinance for the improvement of the Roads in the neighbourhood of and leading to the Ci'.y of Montreal, and to raise a fund for that purpose, shall be, and the same are hereby repealed. 11. And be it further enacted, that the nine several Roads in the seventh section of the said Ordinance, and the two several Roads in the first section of the Ordinance of the Legislature of the said late Province of Lower Canada, passed in the fourth year of Her Majesty's Reign, and intituled, The Roads men- tioned in the said Ordinance and in the Or- dinance of fourth Vic, chapter?, shall be considered as one oontinu- oua Road. '1 III , ■)■'■ 1 ii ii But the Trus- tees may de- clare any one of them or any part of the con- tinuous Hoad to be a separate Koad. And may re- voke such de- claration. 42 An Ordinance to amend and extend the provisions of an Ordinance passed in the third year of Her Majesty's Reiyri, intituled, An Ordinance to provide for the im- provement of the Roads in the neiyhbourhood of, and leadiny to the City of Montreal, and to raise a fund for that purpose, shall in regard to the tolls to be levied and collected thereon, be held and considered as forming one continuous Road ; anything in the said two Ordinances, or- 'ther ot them, to the con- trary notwithstanding ; ded always, that for the purpose of more eafe ; levjing and collecting the tolls hereinat^er established, it shall and may be lawful for the Trustees appointed under the Ordi- nance first mentioned, at any time, with the consent of the Governor of this Province, to declare by public advertisement, any particular part or parts of the said continuous road, to be a distinct and separate Road, or distinct and separate Roads ; and afterwards, with the like consent, and by like public advertisement, to repeal or alter any such declara- tion. The rates of Toll shewn in Schedule to this Act. shall be the highest rates to be taken by the Trustees, for a distance not ex- ceeding the length of the (Jpper Laohine Road. III. And he it enacted, that in lieu of the rates of toll authorized to be levied under the sections of the Ordinance first above mentioned, which are repealed by the first section of this Act, at the several Turnpike Gates or Toll Bars erected or to be erected on the said continuous Road, at the several entrances leading into or out of the said City of Montreal, the said Trustees may demand, levy, exact and receive, from all and every person and persons passing upon or using any part of the said Road, for any distance not exceeding the length of the Upper Lachine Road from the limits or bound- ary of the said City of Montreal, to the other extremity of the said Road, and so in proportion for any greater length or distance upon the said continuous Road, or upon such part or parts thereof as may be declared with the consent aforesaid to be a distinct and separate Road, or distinct and separate Roads, the several rates of toll set forth in the Schedules A and B, annexed to this Act, which 48 ovisions of • Majesty's for the im- od of, and ise a fund oils to be considered ing in the the con- , that for collecting nd may be the Ordi- be consent leclare by or parts of stinct and Loads ; and like public ih declara- f the rates sections of which are Lct, at the ted or to be the several aid City of land, levy, person and of the said e length of 8 or bound- the other proportion )n the said arts thereof resaid to be nd separate •rth in the Act, which rates shall he the iiighest rates of toll to be taken by the said Trustees. IV. And be it enacted, that the said Trustees Tnwtees may may, and they are hereby authorized and em- ^^^^Vftl"^!: powered to make and establish regulations "uderia'dto^the which the tolls hereby established shall be levied taken on the T 11 T 7 • 1 J J ai r **"» Road or and collected on the said road or on any part tfiereoj, any part there and, with the consent o^ the Governor of this Pro-modrfytif/. vince. mav from time to time alter, change and?^'J\lfr""" time vince, may from time to time alter, change "uv^itotime. modify the said tolls, and the said regulations ; and the said Trustees may and shall prevent the passing through any Turnpike Gate or Toll Bar, of any person, vehicle, animal or any thing liable to the payment of toll, until such toll shall be paid : Pro- vided always, that the said Trustees shall alRx in a conspicuous place at each Turnpike Gate or Toll Bar ^^ ^^^^ ^^^^ ^ whereat any toll is payal>le, a table whereon shall {jl^^f ToUs^to^ be legibly printed the name of the Gate or Bar atat.shaiPbe which the same shall be affixed, a list of the tolls toP°«*«dup. be taken thereat, and the regulations under which the same are to be levied ; and that nothing herein contained shall authorize the said Trustees at any The Toils in the . ii'i-i -II J ' Sohedules shall time to establish, demand, levy, exact or receive not be ex- any tolls exceeding the rates hereby established, as"®"'^***- shewn in Schedule previously referred to : Provided ^f^^l^l J^*Jg always, that it shall be lawful for the said '^•"'^s^eeson^one^ganof to lower the tolls on any part of the said Road oroutaiterintr • 1 T , 1 i.' •-r^r.^A^ ^„ those on Other With regard to any class ot persons, animals or parts, vehicles, and to augment the same (so as not to exceed the rates shown in the said Schedule), with- out their being bound at the same time to lower or augment the tolls on the other part or parts of the said Road, or with regard to other classes of per- sons, animals or vehicles. V. And be it enacted, that for all and every the Names by purposes of the two several Ordinances before men-Tees^sMf K"^' tioned, and of this Act, the said Trustees shall be "^^^^J^'^^^^^ designated and known by the name of " The Trustees ^^^^^r^^^^^^^^ of the 3fontreal Turnpike Roads" and by that name li :f. I i Public Act. 44 shall and may have continuous succession, and sue and be sued, answer and be answered unto, in all Courts of Justice and other places ; and service of any summons at their office, or usual place of busi- ness, in the City of Montreal, in any action against them, or to which they may be a party, shall be sufficient to compel them to appear and answer accordingly. VI. And be it further enacted, that this Act shall be taken and held to be a public Act, and shall be judicially taken notice of by all Judges, Justices and others, without being specially pleaded. :«^T»r "!*•£•*>!»« V , 'H,-^ 45 SCHEDULE A. Of the highest Tolls to be levied and paid at the several Turnpike Gates or Toll Bars, on the Road or Roads leading into or out of the City of Mont- real, for passing and re-passing within the hours of 12 P.M. of one day, and 12 P.M. of the next succeedhig day, with the aame Horse or Horses, or Beast or Beants of draught, and the same Carriage or Vehicle. Breadth of tire of Wheels. 1.— For every Coach or other four wheel close covered private Car- riage or half - covered and open, drawn by two Horses or other TiffliSts Every additional Horse or Beast, 2.— For every four wheel private Car riage not covered, drawn by two Horses or Beasts Every additional Horse 3.— For every Gig, Calash, Dennet, Spring Cart or other private two wheel Carriage, drawn by one Horse or Beast Every additional Horse 4.— For every Waggon, Wain, Cart or other Carriage for loads, and not carrying goods for hire, with four wheels, and drawn by two Horses or Beasts .... Every additional Horse 5,— For every such Cart or other two wheel Carriage for loads, and not for hire, drawn by one Horse or Beast -^i; • ; ■ ■ • Vi ■ ■ ■ 6.-For every Sleigh, Wain, Drag, Berlin cr other Winter Vehicle, drawn by one or two Horses or T^pAsfcs Every additional Horse.. . . • ■ 7.— For every Horse, Mar«, trelding, or Mule with rider ... . . ■ ■■ ; •• - a— For every Horse, Mare, gelding. Ass, Mule, Ox, Cow and head ot other neat Cattle not drawing ... 9,— For every Score of Sheep, Lambs Hogs or Swine " u if „ Under and not exceeding half a Score Under 2i Inches 2^ and under 3. s. d. 1 6 1 9 1 9 2i 3 inch and above. s. d. 1 8 6 8 6 6 3 46 t I :, M SCHEDULE B. Of the highest ToIIh to be levied and paid at the Hcveral Turn). ike Gates or Toll Bars on the Road or Roads leading into or out of the City ofMont- reai, for every time of passing if loaded ; passing empty half rate ; re-passing empty or going to return loaded, iree. l.-For every stage Coach, Diligence Viin, Caravan, Stage Waggon, or other Stage Carriage for the con- veyance of passengers, with four wheels, and dravvn l)y one or two Horses or Beasts of d -aught. Every additional horse.. Breadth of tire of Wheels. 2. --For every Gig, Calash, Dennet opnng Cart or other Carriage for passengers, with two wheels, and drawn by one Horse or othe- Beasts of draught Every additional iior^e! ".'.'" ■'■^r^^M ""^'f^y Waggon, Train, Cart or other Carriage for passengers or' Koods, and (;arrying for hire, orj conveying Stones, with four! wneels, and drawn bv two Horses' or other Beast of draught : 4. -For every Cart or other Carriage wfn, ; '*°- u*" <;«"^i'ying Stones, with two wheels, and drawn by one or two Horses or other Beasts of draught Under 2i and 2i under inches. 8. s. d. 2 3 1 3 inch and above. 8. d. 9 6 !) 6 6 4 4 2 47 7 VICTORIA, CAP. XIV. An Act to exempt Vehicles convoying Manure fro'n the Cities and Towns of this Province from the payment of Tolls on Turnpike Roads, and for the purposes therein men- tioned. [9tli December, 1843.] WHEREAS, as well for the encouragement of Preamble. Agriculture as for promoting the cleanliness and health of the several Cities and towns in this Province by the removal of the filth and rubbish thereof, it is expedient that Vehicles carrying Manure from the said Cities and Towns to the farms in the vicinity thereof be free from Toll at Turnpike Gates : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and con- sent ot the Legislative Council and of the Legis- lative 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, intituled. An Act to re-unite the Provinces of Upper and Loroer Canada, and for the Government of Canada, and it is hereby enacted by the authority vehicles laden of the same, that each and every Vehicle laden ManSre''** solely with Manure, bi'ouarht from anv Citv in Lower •"«»?•»* f»"»n> /-(„ J ^. . • ° , j>n '' . TT the Cities and Canada, or any Ci ty or incorporated Town in Upper Towns of this Canada, and employed to carry the s^-me into thefMm'Sfrom' country parts for the purposes of Agiiculture, and Jikes withS?' the horse or horses, or other beast or beasts of^f gU*^^J[f* draught, drnwiug such Vehicle, shall, from and <"■ Towns, after the pat38ing of this Act, pass Toll-free through any Turnpike Gate or Toll Gate on any Turnpike Road within twenty milen of such City or Town, as well in going from such City or Town as in return- ing thereto, if then empty — whether such Turnpike Road and the tolls thereon belong to the Province II Bi iiB 11 No tolls to be oolleoted on Sundays from perHona (coinK to Church. 48 or to the Uxial or Municipal authority, or body of TruHtooH or (\)nnuiHniom'rH for loeal purposes, or to any iiu'orponitcd or uniru'orporated eonijiaiiy or to any other l»ody, porwon or porsoiiH whatsoever, and any Statute, Ordinanee or hiw to the contrary notwithstanding^. II. And he it enacted, that all persons going to or returning from Divine Service on any Sunday or Obligatory Ih iday, in or upon and with their own carriages, Ikm s or other beasts ot draught, shall, as shall sdso their families and servants, being in or upon and with such carriages, horses or other beasts of draught, pass Toll-free through any Turn- pike or Toll-gate on any Turnpike Road in this Province ; anything in any Act, Ordinance or Law to the contrary notwithstanding. No tolls to be III. And be it enacted, that no vehicle, laden or fn'gon'ft Tu'rS-' Unladen, horses or cattle belonging to the proprietor SrtofTper"^ or occupier of any lands divided by such Turnpike anothl''r"wUhin ^^^^ '^^ aforesaid, shall be liable to Toll on passing half a mile, through any Toll-gate on such Road (at whatever distance the same may be from any City or Town) for the sole purpose of going from one part of the lands of such proprietor or occupier to another part of the same : Provided such vehicle, horses or cattle do not proceed more than half a mile along such Turnpike Road, either in going or in returning, for farming or domestic purposes only. IV. Provided always, and be it enacted, that nothing in the foregoing enactments of this Act shall extend or be construed to extend to any Toll Bridge, the tolls on which are vested in any party other than the Crown. Act not to ex- tend to any private Toll Bridge. I |1 : 40 Ordinance of L. C. 3& 4 Viot., 0. 31, cited. 9 VICTORIA. CAP. LXVH. An Act to amend and extond the Laws relative to the Turnpike Roud.s in the neighbour- h(X)d of Montreal. [9th June, 184f).] Tl/'HEREAS it is expcdin.t to uniend a wrtuin Preamble. y ▼ Onlii.uiico ot the LcsiHlafcure of Lower Can- ada, passed in the SeHsion l.ol.l i,, the third and fourth years of Her Majesty's R^ign, and intituled, An Ordinance to provide for the improvement of the Moads in the neiijhbourhood if and leading to the Vita of Montreal, and to raise a fuml for that purpose- Be it^ therefore enacted hy the Que.Mi's MoHt Excel- lent Majesty, by and with the advice and consent ot the Legislative Council and of the Legislative As- sembly of the Province of Cuiuida, 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 in- tituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government (f Canada and it is hereby enacted hy the authority of the ProvWons of same, That in addition to the roads to and over^hef^fdo^df which the provisions ot the aloresaid Ordinance and "*""" ^''"'n'l^d the powers of the Trust coh therein mentioned, are 'oad J."''" "'*""" extended hy the seventh section thereof, the said provisions and powers shall he and are hereby extended to the roails hereinafter mentioned, as fully as if the said roads wei-e ex[»ressly mentioned and included in the said seventh section ot the said Ordinance, or as if the said powers and provisions in the said Ordinance contained were embodied in this Act and hereby re-ena(;tcd with reference to the said Roads, that iS to say : First. A road from the western extremity of the The roads. Lower Lachine Road to the macadamized road east- ward of the Church of the Parish of St. Michael de 11 ii 'M The said roads to be held to form one con- tinuous road with those men tioned in the former Ordi- nanoes- Ordinance L. C, 4 Vict., 0. 7, cited. 50 Lachwe, along the South Shore of the Island of Montreal. Secondly. A road from the west extremity of the Upper Lacliine Road to the Lock of St. Anne, along the South Shore of the Island of Montreal. Thirdly. A road from the Abord-ct-Plouffe Road to the Village of Ste. Genevihe, along the Korth Shore of the Island of Montreal. Fourthly. The road in the Parish of St. Laurent, connecting the Turnpike Roads leading from the City of Montreal to the Abord-d-Ploufe and the Sault-m-Recollet. II. And be it enacted, That the said road, that is to say, the road from the west extremity of the Lower Lacliine Road to its junction with the maca- damized road eastward of the Church of the Parish of .S'^. Ifichel de Lachine, the road from the west extremity of the Upper Laehine Road to the Lock at St. Anne, the road from Abord-h-Plouffe to the Village of the Parish of Ste. Genevieve, and the road in the Parish of St. Laurent, connecting the Turn- pike Roads leading from the City of Montreal to the Ahord-a-Phafe and the SaaU-au-EecoUet, shall, with regard to tlie tolls to be levied and collected thereon, be held and considered as forming one con- tinuous road with the nine several roads mentioned in the seventh section of the said Ordinance, and with the two several roads mentioned in the first section of another Ordinance of the Legislature of Lower Canada, passed in the fourth year of Her Majesty's Reign, and intituled, An Ordinance to timend and extend the provisions of an Ordinance jyissed in the third year of Her Majestfs Peign, in- tituled, ''An Ordinance to provide for the improvement ''of the roads in the nei;]hhoarhood of and leadinq to " the Cit!/ 'f Montreal, and to raise a fund for 'that "purpose; " any thing in the said two Ordinances or either of them to the contrary notwithstanding. 61 A/r"^ Yr^ ^^ n ''T*^^' ^^^^ the Trustees of the Powers of the Montreal Turnpike Roads shall, and may demand, H^SToTi'e' levy, exact and receive from all and every person or «*•'* »««' 'o*^*' persons passing upon or using any part of the roads to be made under the authority of this Act, the same rates of toll, to be calculated in the same man- ner and by the same proportion as are set forth and contamed in an Act of the Legislature of this Pro- vince, passed in the Session held in the fourth and fifth years of Her Majesty's Reign, intituled, ^w^6'Uct4&5Vict. to amend the Ordinances of the Legislature of the k^e ""'''' "'*'^- Province of Lower Canada, providing for the improve- rnent of the roads in the neighbourhood of the City of Montreal, and furthermore such rates of toll, in addition to the above rates, as will suffice to cover the annual interest of the capital expended, the col- lection of tolls, requisite repairs, and expenses of management ; and shall also in all respects have the same powers for making regulations concerning the said roads and the tolls to ho levied thereon, as they now have and possess under the Ordinances and Act aforesaid, with regard to the other roads und.-r their control, and the tolls to be levied thereon. IV. And be it enacted, That in addition to the ''^™'^««f «™- loan of thirty-five thousand pounds, currency, men- rai^ea^further tioned in the sixteenth section of the said Ordinance, bylanon^the passed in the session held in the third and fourth ^oiis!*"^""^ years of Her Majesty's Reign, and to the further loan of twelve thousand pounds, currency, men- tioned in the sixteenth section of the said Ordinance, passed in the fourth year of Her Majesty's Reign, and authorized to be raised for the purposes of the said Ordinances, the said Trustees may raise by way of loan on the security of the tolls by the said Or- dinances and Act authorized to be imposed, and of other moneys which may come into their possession, and be at their disposal, under and bj' virtue of the said Ordinances and Act, and of this Act, and not to be paid out of or chargeable against the general revenue of this Province, any further sum of money 52- not exceeding twenty-seven thousand pounds, cur- rency, for the purposes in the said Ordinances and in this Act authorized and specified ; and the debentures for such further loan., and also for so much of the loiHi authorized by the Ordinances aforesaid as hath not yet been raised, shall respec- f terest^^^^^^ ^^^'"^^ interest at the rate to be therein men- limited, tioned, wliich interest shall not exceed the rate of six per centum per annum, and such interest shall be paid out of the tolls upon the roads or out of any other money at the disposal of the said Trustees for the purposes of the said Ordinances and of this Act. Trustees may borrow money to pay ofiF de- bentures. V. And be it enacted. That over and above the sums which the said Trustees are authorized by the next preceding section of this Act and by the two Ordinances hereinbefore mentioned, to raise by way of loan, it shall be lawful for the said Trustees, at any time, and as often as occasion may require, to raise in like manner such further sum or sums as may be necessary to enable the said Trustees to pay off the principal of any loan which they may have bound themselves to repay at any certain time, and which the funds in their hands or which will prob- ably be in their hands at such time, and applicable to such payment, shall appear insufficient to enable Total amount ^hem to repay : Provided always that any sum or anftKmi?.' ^^^"^^ i^^ised Under the authority of this section shall ed. be applied solely to the purpose herein mentioned, that no such sum shall be borrowed without the approval of the Governor or person administering the Government of this Province, and that the whole sum due by the said Trustees, under deben- tures then unredeemed and issued under the authority of the said Ordinances and of this Act, shall in no case exceed seventy-two thousand pounds Provisions ex- Currency ; and all provisions' of this Act and of the tended to such g^id Ordinances, touching the terms on which any sum shall be borrowed under the authority thereof by the Trustees, the rate of interest payable thereon, the payment of such interest (except as to the pay- 58 Tf^nV! '""p "^t^rest by the Receiver General, or anl^nrn^. """^'T^ ^""^^^>' «h^" be extended ?o ofTn Iw-^^ '^ ^"^'*^'\' '^b^* ^^^ ^"e application Accounting ot all public moneys whereof the expenditure or "' receipt is authorized by the preceding s^ection shal be accounted for to Her Majesty, Her Heirs and Successors through the Lords Commissioners of Her Majesty's Treasury for the time being, in such manner and form as Her Majesty, Her Heirs and Successors, shall be pleased to direct "^^''^ ^"'^ Im1| ill 54 12 VICTORIA, CAP XXV. An Act to exempt Naval and Military Officers and others on duty in Her Majesty's Ser- vice from the payment of Toll upon any Turnpike Road in this Province. [30th May, 1849.] Preamble. llT'HEREAS it 18 expedient to provide that all T T persons in the Naval or Military service of Her Majesty, on actual duty, should be exempt from Toll on all Turnpike Roads in this Province, when passing any Turnpike Gate with their horses and carriages : 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 Legis- lative Assembly of the Province of Canada, con- stituted and assembled by virtue of and under the authority of nn 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 / 1. nil Loire r Canada, and for the Government of Can- ada ; and it is hereby enacted by the authority of AUNavai^or the sume. That all persons in the I^aval or Military oers?&7.,V . Service of Her Majesty, on actual duty, travelling horferindwal-'Jn ^"J I'^'id eojistructcd or to be constructed under fr°omTo!iTn ^^^^ authority of an Act passed during the present Session of this present Parliament, intituled, An Act to authorize the formation of Joint Stock Companies, for the construction of Roads and other Works in Upper Canada, or under the authority of any other Act of the Parliament of this Province, in discharge of such duty, with their horses and carriages, and all horses, carts, carriages or waggons in charge of any such persons, conveying any Naval or Military Stores belonging to Her Majesty, in the course of transport from one place to another for Her Majesty's Ser- vice, shall pass the gates set up across all such roads free of toll ; anything in the said Act or any other Act or Law in force in this Province to the con- trary notwithstanding. ;ons, exempt rom Toll on Turnpike Roads. 55 12 VICTORIA, CAP. CXX. An Act to authorize the Trustees of the Mont- real Turnpike Roads to purchase the St. Michel Road, and to open a Road to the Village of Sault au Recollet. [30th May, 1849.] TX/^HEREAS the 8t. Micliel Road Company have Preamble. ▼ ▼ petitioned the Legislature, praying that their Koad, authorized to be made])y an Ordinance of the bpecial Council, passed in the fourth year of Her Majesty's Reign, intituled, ^^An Ordinance to provideOrd.iVi^., for the iyroremeuf of a certain part of the Boad""""-''' pom the City of 3Lmtreal to the Cdte Si Michel iv the Parish of SaulJ an Recollet;' may be pur- chased by the Trustees ot the Montreal Turnpike Roads, and placed under theii- control and manage- ment ; And whereas divers Petitions have been presented to the Legislature, praying that a Turn- pike Road may be made as far as the Church of the Parish of Sault au Recollet, and it is deemed expedient to give effect to the said Petitions by amending the Ordinances of the Legislature of the late Province of Lower Canada, and the Acts of the Legislature of the Province of Canada, providing for the improvement of the R;)ads in the neighbour- hood of the City of Montreal : Be it therefore enacted, etc. And it is hereby enacted by the authority of the same. That in addition to the Roads to aiid over which the provisions of an Ordinance passed in the third year of Her Majesty's Reign, intituled, ''An " Ordinance to provide for the improvement of thesmdiVict., ''Roads in the neigh hoar hood of and leading )o the°^^'^^- " City of Moontreai, and to raise a fund for that pur- " pose," — and of another Ordinance passed in the fourth year of Her Majesty's Reign, and intituled, " An Ordinance to amend and extend the provisions of In I 4 Viot., 0. 7. 4 and 5 Viot. , chap. sa. The said laws, and the powers of the Trustee of the Montreal Turnpike. Roads extended to certain new Roads. 66 ''an Ordinance passed in the third year of Her '' Majesty's Beign, intituled, 'An Ordinance to provide " 'Jor the impnwement of the Roads in the neighhour- " ' hood of and leading to the City of Montreal, and to " ' raise a fund for that purpose,' "—and of an Act passed in the Session held in the fourth and fifth years of Her Majesty's Reign, intituled, " An Act to " amend the Ordinances of the Legislature of the Pro- " vince of Lower Canada, providing for the improve- " ment of the Boads in the neighbourhood of the City of "Montreal;'' and the Powers of the Trustees thereni mentioned, now extend, the said provisions and powers shall bo and are hereby extended to the Koads hereinafter mentioned, as fully as if the said Koads were expressly mentioned and included in the said Ordinances and Act, or as if the said powers and provisions in the said Ordinances and Act con- tained, were embodied in this Act and herebv re- enacted with reference to the said Roads, that is to say : lirst—The Road made and macadamized by the aforesaid St. Michel Road Company, extending rom the end of the Victoria Road, through and along the C6te de la Visitation and the C6te St Michel, m the Parish of Montreal, and through and along a portion of the C6te St. Michel, in the thTc6te S?"m- Tl ^''f''^ *^ '^' '^'^'' ^-^^ of the C6te St. Michel, in the Parish last m 3ntioued. aWett'^ , '^^;^onc^_A Road to be opened and made from the S r/'ll' ?'t S\Michel, in the Parish of Snll ' f*-^'^"*^^*' to the Village of Sault au R^collet, at or near the Church of the said Parish. Compensation tt a it to the St. Mi- -iL. And be it enacted That thf. Tma+^^c, <• ^i oheiRoadCom Mnnn-opi rn„„ ., '**!;^^"5 J-i^dc ine irustces of the Mom eal furnpike Roads, aforesaid, may and shall be authorized and empowered, and they are hereby ^f S T^;y<''''''''V' '''''' ^" '^' -foresaid exte^ If f *^r^'^^^ P^^^^ Debentures to the extent ot, and not exceeding two thousand pounds, St. Michf ' Road. i j 57 exceeding six P ^^L^^^^ZnTZ e^ pensation and extinction of all the rUt f\Z' powers and interest of the said St m" hel Roid W ?r^' T "^'?.'^ '''' aforesaid pordono Ro"d first above described, or the Tolls thereon, and such right, title powers and the interest of the aid Com Victoria Road, in the i>ariBh of Mon rea to tLr «-^""^"S- • bault au Recollet, and the Road to be opened and made from the said front Road of tle^ C6te S Michel to the Village of the Sault au R^colle ' shall with regard to the tolls to be levied and co ! lected thereon, be held and considered as formW one continuous Road with the nine several Road? mentioned in the seventh section of the Ordinance passed in the third year of Her Majesty's Relgi' and hereinbefore referred to, and the two several Roads mentioned in the first section of the Ordi- nance hereinbefore referred to, passed in the fourth year of Her Majesty's Reign ; anything in the said two Ordinances, or either of them, to the contrary notwithstanding. ^ AT^T' A'm ^^ it enacted. That the Trustees of the What toUs may Montreal Turnpike Roads shall and may demand, 'Maud's" ''^^ levy, exact and receive from all and every person or persons passing upon or using any part of the Roads to be made and incorporated with the Montreal lurnpike Roads, undrr tiie authority of this Act the same rates of toll, to be calculated in the same manner and by the same proportion as are set forth and contained in an Act of the Legislature of this Province, passed in the Session held in the fourth and fifth years of Her Majesty's Reign, intituled 4 and 5 Vict., ohap. 'g respec- tively for smaller sums. [10th August, 1850.] VJLT HERE A S a considerable amount of the Deben- TT tures issued by the Trustees of the Roads hereinafter mentioned are respectively for sums too large to be sold or conveniently aseigned over, as Debentures for smaller sums might advantageously be : Be it therefore enae ;ed by The Queen's Most Excellent Majesty, by and with the advice and con- sent 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 Jfmgdom of Great Britain and Ireland, and in- tituled, An Ad to re-unite the Provinces of Upper and Loioer Canada, and for the Government of Canada, and It IS hereby enacted by the authority of the same. That for and notwithstanding anything in any Act or Ordinance to the contrary, it shall be lawful for the Trustees of the Montreal Turnpike Koads, the Trustees of the Quebec Turnpike Roads, and for the Trustees of the Longueuil and Chambly lurnpike Road respectively, at any time within taree vears from the passing of this Act, to exchange any of their Debentures for Debentures amounting in the whole to a like sum, but being respectivel? tor such sums, not less than five pounds each, as the now hoklers thereof may require, bearing the sane rate of interest to be reckoned from and payable at the same times, and having the same rank and priority of claim, as the Debentures for which thev are exchanged, which last shall be cancelled and 61 kept by the TruBteea by whom the new Debentures shall ')e isBued, and a mcnioranduin shall be made upon them of the Do])enture8 for which they were exchanged, and the new Debentures shall also be marked as having been Mmed in exchange for such cancelled Debentures; Provided always, that thep^^^jg^ new Debentures issued under this Act shall not be made payable at an earlier date than the Debentures in exchange for which they shall have been issued. iv. 62 I 'in Wm. 27 VICTORIA, CAP. XXXH. All Act to amend the Acts and Ordinances concerning the Montreal Tnrnpike Roads as regards tliat portion of the said roads Iviiowii as the "Victoria Road." [iHt Octohor, 1863.] HKR Majesty, hy and with the advice and con- soiit ot tlio Legislative Couiieil and Assemhly of Canada, enacts as follows : 1. That part of the Montreal Turnpike Roads known under the name of the "Victoria Road," shall hereafter hv deemed to ho a separate road and as not forming part of the other turnpike roads in the neighhourliood of Montreal. 2. The 'J>U8te(>s of the Montreal Turnpike Roads shall eontinue to have the control of the said "Victoria Read," and they sliall have with respeet to the said road all the rights and powers which they now enjoy and may exercise, hut they shall only demand, levy, exact and receive on tl'ic said road, the tolls and dues heretofore established, ami which they are empowered to collect under and by virtue of the Act passed in the fourth and fifth year of Her Majesty's Reign, chapter thirty-five, on the roads under the control of the said Trustees, not exceeding in length the Upper Lachine Road, but proportioned as regards their amount, to the length of tlie said Victoria Road as compared with the length of the said Upper Lachine Road, that is to say : the dues and tolls to be demanded, levied, exacted and received by the said Trustees, shall be tho.^G established by the said Act above cited, but proportioned as regards their amount to the length of the said Victoria Road as compared with that of the Upper Lachine Road ; Provided that whenever the amount of tolls to be charged and collected would ac(!<)rdmg to thr above rule comprise a trac- tion ot one luilt-peimy, one half-penny shall be charged and collected in lieu of such traction. 3. The Trustees of the Montreal Turnpike Roads are hereby authorized to uc(iuire troni " The St. Michel Road Comi)any " the Turnpike Road com- mordy known as the St. Michel Turnpike Road, made by the said ('oni[)iiny under the Ordinance ot the Special Council pasHcd in the fourth year of Her Majesty's Reign, chapter twenty-two, on such terms and conditions as nuiy be agreed upon between the said Trustees and the said Coini)any and approved by the Governor in Council, and to pay for the said road out of the surplus revenue of the said Montreal Turnpike Roads. 4. On the purchaser of the said St. Michel Turn- pike Road, the same shall form part of the Victoria Road, and shall thereatter be considered as forming one continuous road with the other roads in the neighbourhood of the City of Montreal, under the control of the said Trustees, and be subject to all the provisions of the Acts and Ordinances regard- ing the powers of said Trustees as to such other roads, and the tolls to be charged and collected on the said roads ; notwithstanding anything to the contrary contained in the present Act. 5. This Act shall be deemed a public Act. 64 83 VICTORIA, CAP. XXXIV. (QUEBEC.) An Act to exempt ministers of religion, in the performance of their duties, from the pay- ment of tolls on bridges and roads. (Assented to let February, 1870.) HER Majesty, by and with the advice and con- sent of the Legislature of Quebec, enacts as follows : — (1.) All ministers of religion going to perform, or returning from the performance of any act or duty appertaining to the exercise of their ministry, and all vehicles and animals actually being used by them, in so going or returning, shall pass toll free through every turnpike or toll-gate on any turn- pike road or bridge through which they may have occasion to pass, whether such turnpike road or bridge and the tolls thereon belong to the I'ro- vince or to any local or municipal authority or body of trustees or commissioners for local, pur- poses, or to any incorporated or unincorporated company, or to any other body or person. 65 37 VICTORIA, CAP. 51. An Act to revise and consolidate the Charter of the City of Montreal and the several Acts amending the same, (28th January, 1874.) 238. Nothing contained in this Act shall he con- strued to revoke or in any manner affect the rights and powers hy law vested in the Montreal Turnpike Trust ; and in the event of the extension of the city limits contemplated in this Act, causing any damage or injury to the said Trust, said damage shall he ascertained and determined hy amicable arrange- ment, arbitration, or in the manner relatin to ordinary expropriation within the limits of the said city. 66 Company authorized to exact tolls on certain roaii and extension, Joint tolls- 5(. VICTORIA, CAP. LXXXI. An Act to imtborize the C6te Saint Aiitoiiie Road Coiiiiiany to sell part of Western Avenue, and granting the said Company further powers. (27tli February, 1893.) Section 8. Notwithstanding the provisions of Article 504 (> of the Revised Statutes of Quebec or of any otlici- law or statute of this Province, the Cote Saint Antoine Road Company, after^the sale has been made to the said town of Cote Saint Antoine, may t;dce and charge tolls on the reniain- ii)g portion of the said road or any extension there- ot'thatmay be hereafter made by the said company, at the rates authorized in the Act in virtue where- ot the said company was incorporated ; and whereas the said iiveinie connects with the roads under_ the control of the Montreal Turnpike Trust, and it is in the public interest and will conduce to the public convenience, and the more economical management of these roads if [irovisions were made to collect joint tolls, the Cote Saint Antoine Road Com[>any and the Montreal Turnpike Trust are hereby authorized to make such arrangements as they may deem proper for the collection and division of such tolls as they may be jointly interested in. 67 58 VICTORIA, CIUPTER XLIY. An Act to amend the ordinance 3 Victoria, chapter 31, intituled: "An ordinance to provide for the improvement of the roads in the neighborhood of and leading io the City of Montreal, and to raise a fund for that purpose," and the several ordinances and acts amending the same. (AsBented to 12th January, 1895.) HER Majesty, hy and with the advice and con- sent of the Legislutnre of Quebec, enacts as follows : — (I.) On and after the tirst Aloiiday in the month Composii ion of of March next, the Trustees of the Montreal Turn- Tmsteel. pike Roads appointed under the authority ot the ordinance of Louver Canada, o Victoria, chapter 17, shall be replaced by two Trustees appointed by the Lieutenant-Governor in Council, and by three other Trustees to be elected, in the manner hereinaiter provided, by the holders of bonds or debentures of the Trust. (2.) The Trustees so appointed and elected shall Powej|of possess the same powers, fultil the same duties and be sulyect to the same i)enulties as the present Trustees under the laws governing the Trust. (li.) The election of Trustees by the bond or de- Taeir election, benture holders shall be held on the second Tuesday of the montli of February next, and thereafter at intervals of two years at the same date, and the Trustees so elected, who shall be eligible to be re- elected, shall continue and remain Trustees, tully vested with all their powers as such Trustees, until 68 II Trust. other Trusteos shall have been duly elected under the provisions of this act, and shall have entered on the pcrt'ormanee of their duties. „ .^ , , (4.) The Trustees shall select from among ihem- President, etc, \ / . . ^ •^ . vacancies in selvcs tliou' Chairman, and ir a vacancy occurs m the numbers ot those elected, whether by death, resignation or otherwise, a meeting of the bond or debenture holders shall be held within one month thereafter, for tlie election ot a Trustee to till such vacancy, and the Trustee elected to till such vacancy shall have the same powers, fulfil the same duties, be subject to the same penalties, and remain in office for the same period as the other elected Trustees. When mectines (♦^•) All meetings for the election of Trustees shall Mfn""" ^^ be held in the office of the Trust in the City of be neld. , . i i • i Montreal at the hour of ten ot the clock in the Notice calling. If election not held. forenoon. 2. A notice of eight days shall be given for the meeting by the Secretary of the Trust in a French and English newspaper puldished in the City of Montreal, and in the Quebec Officitd Gazette, and notice of such meeting sliall be mailed by the Secre- tary to all bond and debenture holders whose names and nddresses mav be known to him ; 3. If the election be not held on tlie day indicated m the notice, it may be held on any subsequent day, after similar notice. Quorum of uibntings. Voting by proxy. (O.) The (piorum of bond or debenture holders necessary for an election shall be bond or debenture holders of not less than tifty thousand dollars in capital of the bonds or debentures of the Trust, who may be present in person or represented by proxy. Bond or debenture holders may vote by praxy, and each bond or debenture holder shall have one vote for each one hundred dollars in capital of the bonds or del)entures heUl l)y him, and no sum less than one hundred dollars shall give a right to vote. 69 (7.) Every bond or dchciiture holder who shall J|^8tJto^'» foi^ claim the right to vote, or the proxy of such bond bondholders or debenture holder, shall produce, together with Sbuo vo^te"" the bonds or debentures upon which he demands to vote, a list of such bonds or debentures, which shall specify in detail, the number, date and amount of each such bond or deljenture, and the number of votes to which he lays claim, and shall sign the same. {^.) The Secretary of the Trust, or in his absence Verification of or inability to act, a person chosen by the meeting to that end, shall verify such list, and shall certify, under his signature, to the numl)er of votes to which each bond or debenture holder is entitled. Such list shall be annexed to and form part of the Depositor list, voting papers, and it shall, after the election, be kept on record by the Secretary ot the Trust. (».) This Act shall come into force on the day of po°JJaMd"e°peai its sanction, and all enactments inconsistent there- «' •n«''n«''*«nt .,1 , , enactments. With are repealed. 70 .1 1' Preamble. li 59 VICTORIA, CAP. LXV. An Act to autliori/e tlie Trustees of the Mont- real Turnpike Roads to redeem certain de- l)enture.s, and for that purpose to issue a new series of debentures. (2l8t December, 1895.) WHEREAS the Trustees of the Montreal Turn- pike Roads have, under the authority ot the following Acts, to wit: 3 Victoria, chapter 31, 4 Victoria, chapter 7, and 9 Victoria, chapter G7, issued bonds to the amount ot one hundred and eiglity-seven thousaiid two hundred dollars, bear- ing interest at the rate of six per centum per annum, payable half-yearly, on the fifth day of January and fifth day of July in each year, dated the first of September, eighteen hundred and fifty-three, and matured on the first of September; eighteen hun- dred and seventy-three ; Whereas interest has been due and unpaid upon certain of the said bonds, amounting to the sum of one hundred and twenty thousai\d dollars, since the fifth of July, eighteen hundred and eighty-one, and on the remainder of the said bonds, to wit : sixty- seven thousand two hundred dollars, since the fifth of July, eighteen hundred and seventy one ; Whereas the revenues of the Trusi: arc not suffi- cient to enable the Trustees to pay the interest on the said sum at the said rate of six per cent., and whereas it is desirable that authority be granted to the Trustees whereby they might arrange with the holders of the said bonds for tlie settlement of the amounts due thereunder ; Therefore, Iler Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows : 71 1. The Trustees of the Montreal Trriipike Roads Bonds for oer- are autliorized to issue a series of (lebeiiture bonds, **iU~id consisting ot not more than two hundred bonds, ''y^"^"«*«««- each tor the prinei[)al sum of one thousand dollars, amounting in the aggregate to the sum of two hun- dred thousand dollars, which said principal sum shall he payable on the Hrst (Uiy of January, nine-^i!"" p*^"*''^' teen liundred and fifteen, and shall bear interest at the rate of three and one-lialf })er centum per annum, payable half-yearly, on tlie first days of July and January in each year, until the date of redemi)tion and payment of the said bonds; the said interest Ipayments to be evidenced by forty coupons attached to each of the said bonds, jind nund)erod consecu- tively from one to forty ; the said bonds to be dated the first day of January, cigliteen hundred and ninety-five, and the first ot sui'h coupons to become due and 1)3 payable on the Hrst day of July, eighteen hundred and ninety -five. 2. The said bonds shall form and be a first charge Bonds to be and lien upon the tolls, reveimes and assets of tlie afteVilTafges of said Trust, and all interest, from tune to time, dueftc""^^""""'' thereon siiall be paid out of tiie said tolls and revenues, and shall be a first charge thereon, after payment of all necessary costs and charges in con- nection with the manasj-ement of the Trust and the maintenance of the roads. J5. The said Trustees shall also appropriate what- Certain funds ever funds shall be in their hands on the first day to paying off of January in each year, aftc r payment of the said "'"^^•®'<'- costs and charges in connection with the manage- ment of the Trust and the maintenance of the roads, and after payment of the interest on the bonds as aforesaid, to call in, redeem and (ianccd as many of the said bonds as such funds will permit, the bond or bonds so called in, redeemed and cancelled to be drawn by lot, and the Trustees shall have the right and authority so to call in, re-ht ot'om' (luy and niidiiiglil ..t" tlir next day, with the same horse or horsetj, and the same vehicle : Breadth of Tire of Whkkls. 1.— For every four-wheeled Carriage drawn by two liorses 2.— For every four whecli'd Cur- (2 Heats!! riage, drawn by out- horse II Seat, . . a— For every V'ehicle, witli two wheels, drawn l)y one horse i 4.— For every Cart or Wngj^on conveying stone, brielcH, sand, i^ravel, building ma- terials, or other goods, drawn by two horses ' I 5,- For same as above (-1) drawn by onel horse I H.— For every additional horse to any of the abovi> I 2i Ins. II nd 8 Ins. and over. ( over. cts. 20 10 7 1.5 7 7,— For every horse witli a rider '. H. — For I'very horse, hi:iil of cuttle or other beast i , 9.— For every sheep, lamb, hog or swine L'onveytiJieis for Jlire. I'assinri and Re- I turnitiii oii/i/. I 10.— For ev<'ry four-wheeled Carriage, drawn by two horses • 11.— For every four-wheeled Carriage, /2 seats^ drawn by one horse (1 seat.; 12.— For every Cart or Waggon conveying stones, bricks, sand, gravel, Imildiiig ma- terials, or other goods drawn by two horses ' 18. — For same as above (12), drawn by one: horse j 1-t.— For every public Stage, Coach, Diligence,' V'an, (^uravan. Stage Waggon, or other Stagi^ Carriage for tlu' conveyance of, passengers, with four wheels and drawn by one or two horses .■ I'). — For every Carriage for Passengers, with two wheels and drawn by one horse Ifi.— For every Winter Vehicle, drawn by one, or two horses 17.— For every Winter Vehicle, with high runners, having the shafts attached to the' left side, drawn 1 ro- ceedinnH to be published -,^ Accounting? (clause •.•.•"• '^' A(;qui8ition of islandH and lands by TrnsteeH, provisions with resjiect to :• "• *" Appraisers to estiniate amounts of compensation il party not satistied •.•.•• Appraisers' report does not prevent (larty from reiiuiring decision of ii jury us to amount of comjiensation Application of public; monies to be accounted for. .....•• •• Arrears of interest to be paid before any part of principal; ( iov rnor may advance money for same 33 :u 53 18 Bonds— „^ , 11 Kor a sum not ex«'eedin«,'i: 20(t,(iOO, wlien payable . . • For a Hum not excieeding £20(1,(100 may be issued by Trustees ; Funds to bo api)lied to paying off certain Form of ••; •"'•"■, Not exceeding ,£200,000 may be issued by I rustees . . Reduction of certain, and replacement tbereot To be a first tibarge after management . . ..... y • • • Borrowing powers 15, 3(), oi, oH, Bridges, erection of Chairman of Trust selected from among Trustees City of Montreal— , ,, . i «• „f Extension of City Limits eliall not revoke or atlect rights and powers of Trustees Commutation money may be sued for by Trustees Commutation of tolls by Trustee^s ••••••••••••••.•;•;•••••* Compensation for damages sufleied to be paid to pio- prietors for land ac(iuired by Trustees • Compensation for land to be estimated by Appraisers " to St. Michel Uoad Company " in case of doubtful title Composition of Board of Trustees Cote St. Antoine Road Cote St. Antoine Uoad Company— Authorized to sell part of Western Avenue _. Trustees authorized to collect joint tolls with Cote St. Catherine Road Cote St Michel Road 71 71 71 72 71 72 71 59 5i8 OH 05 15 13 10 33 50 35 (>7 24 CG 60 12 12 76 PAGB Cotedes Neiges Road 12 Completion of parts of roadu within the limits of the City of Montreal under agreement with Corporation of same . . 35 Control of Victoria Koad to continue to be vested in Trustees 62 Corporation of the City of Montreal 35, 65 Damages — Persons committing ofiTences to be liable in damages. 20 Date of election of Trustees 67 Debt shall not exceed £72,000 52 Debentures — Form of. 22 Interest borne by 16 Interest on debentures shall cease to accrue 17 Issued for loan of £35,000, and bear interest Ki Issued for loan of £12,000, and bear interest 30 Issv-ed for loan of £27,000, and bear interest 52 Issued for loan of £3,000 58 May be redeemed by consent of parties 17 Not exceed! nj; £200,000 may be issued by Trustees . . 71 Of Trustees for certain turnpike roads may be ex- changed for smaller sums each 60 Purchased for public uses by Governor 17 Penally for counterfeiting 16 Provisions of Urd. 3 Vict,, c. 31, relating to Deben- tures, to be applied to Debentures authorized to be issued under Ord. 4 Vict, c. 7 -••. 38 Rate of interest on loan of £27,000 52 Trustees authorized to borrow money to pay off 52 Destruction (wilful) may be punished 19 Disposal of islands and lands with sanction of Governor. . . 29 Drawbridge to be erected between Isle Bourdon and Island of Montreal - 28 Election of Trustees by bond or bondholders ^ . 07 ErectioA of drawbridge between Isle Bourdon and Island ofMontreal 2S Extension of powers of Trustees 24 Exemptions from toll — H. M. Mail 13 Military persons, carriages and horses in H. M. service 13 Ministers of religion in the performance of their duty. (>4 Naval and Military officers and others on duty 54 No lolls to be charged for going on a turnpike from one part of a person's land to another within half a mile 48 On certain bridges 31 Persons attending funerals 13 Persons on Sundays going to church 48 Vehicles laden with manure 47 77 PAGE Funerals— ^ „ Persons attending to pass free of toll • • • ^^ Ferrying for hire within half a league of certain hndges for- bidden under penalty ^| Funds to be applied for paying otl' bonds '1 Governor— . May advance money to pay interest in case ot insul- ficiency of funds ^'' Meaning of the word ; ^^ May advance money to pay arrears of interest !» Purchase of Debentures by - 1 ' Grand Voyer— "When powers over said roads bhall cease Her Majesty's Mail exempt from the payment of tolls 32 13 Injury (wilful) to turnpike gates, etc., a misdemeanor 19 »' " to roads, bridge or bridges ^^J Interest on Debentures shall cease to accrue •_• - • 1' Islands for abutments of certain bridges may be actjuiied by Trustees '^' Islands— . ^„ Disposal of same with sanction of Governor -» Lands may be acquired for abutments of bridges of T^T*nRtG(*s ••«••• •••••• ••!•• •••••• '••• •••• ••••• •• List to be forwarded by bondholders when claiming right to vote List of toll rates to he posted up Loans authorized — £35,000, and bear interest £12,000, and bear interest £27,000, on credit of tolls ... ;'■; Not exceeding £3,(100 to be raised by i rustees o8 Lower Lachine Road Mail, Her Majesty's, to pass toll free • • • •. Manager of Trust appointed by Trustees from their own number > ' Manure— , . r * n Vehicles laden with manure exempt from toll 27 (;» 43 15 3ti ^Magistrates, Grand Voyer. etc.— When powers over said roads shall cease. Ministers of religion in the performance of their duty are exempt from the payment of tolls......... • •• •• • • • • Military persons, carriages and horses in 11. M. service to pass toll free Money may be advanced by ( rovernor to pay interest in case of insufficiency of funds • Money may be advanced by Governor to pay arrears ot interest * o" ' • ' * '/r Money may be borrowed for the purpose of paying otl former loans in certain cases 12 13 11 47 32 64 13 39 18 59 78 PAGE Moneys — Application of, to be accounted for 18, 38 Names by which Trustees shall be called 4? Naval and Military officers and others on duty exempt from the payment of tolls 54 Notice for calling meeting for election of Trustees ()8 Obstruction of roads open to penalty 19 Ordinance — Public and permanent 21, 3!) Payment of amount of compensation in case of doubtful title ■ 35 Penalty— For counterfeiting Debentures 16 Ferrying for hire forbidden under 31 Mode of recovery of 82 Not exceeding 40s.; how to be recovered and dis- posed of 20 On persons forcibly passing turnpike, etc 10 On persons obstructing roads 10 Provisions regarding i)enalties provided by Ord. 3 Vict., c. 31, extended to Ord. 4 VJct., c. 7 30 Persons [jerraitting others to pass through their lands, so as to evade payment of toll, forbid- den und'T 20 Persons bound by law to perform any labor in any roads must cominute by payment of an annual sum 14 Power to make etiuitable f.rrangements by Trustees with per.-ons desiring to cross roads 13 Powers vested in (Jrand Voyer, overseer of roads or road surveyor, etc., are abolislied 14 Powers of Trustees with regard to new roads 2(5 Powers of Trustees extended to other roads 49 President of Trustees • 08 Provisions with reference to extension and substitution of roads ' 26 Provisions extended to certain loans 52 " with respect to acquisition of islands and lands. 28 " for application of proceeds of sale of certain islands and lands.... •••• 20 " with respect to plans and contracts for erection of certain bridges 28 " of Ord. ;> Vict., c. 31, relating to Debentures, to be applied to Debentures authorized under Ord. 4 Vict, c. 7 38 Quorum of meeting of Trustees 68 Rates of tolls altered 43 Rates of tolls to be exacted on certain bridges 30 Rates of tolls in respect of bridges are limited 31 Redemption of Debentures by consent of parties 17 79 PAGE Kedemption of certain bonds and replacement thereof 72 Bents to be paid for lands acquired 9 Repeal of all inconsistent enactments ^^ Regulations with regard to tolls _• • ^^ Report of Appraisers does not prevent party from requir- ing decision of a jury as to amount of compensation. . . 34 Road (cross) from Lower Lachine Road to Upper Lachine Road 12 Meaning of the word • — 13 From Lower Lachine Road to parish of St. Michel de Lachine - -^'-^ From Abord-a-Plouffe to St. Genevieve 50 From St. Laurent to Abord-^-Ploufl'e • 50 From Upper Lacliine Road to Lock of Ste. Anne .... 50 Running from Upper Lachine Road to Cote des Neiges and certain cross roads 24 Lower Lachine Road 1'- Roads — Cote St. Antoine -4 Cote St. Catherine 1- CoteSt. Michel 1-', 50 Mentioned in Ord. 3 Vict., c. 31, and under Ord. 4 Vict., c. 7, to be considered as one continuous road *il INIentioned in Ord. as one continuous road 50, .">7 Over which the powers of tho Trustees snail ex- tend 11,1-'. 24 To Sault au RfccoUet • 1-, 50 ToBoutde I'lsle H, 12 Upper Lachine Road 1 1 Under exclusive management of Trustees 14 Victoria Road , .... 12, 62 Schedule of highest tolls to be levied and paid 45, 40 Schedule — ^^^ Form of bond ' - "A ," containing form of 1 lebentures 22 Sections S, 10 anil ! 1 of Ord. 3 Vict., c. 31, rei)ealed 41 St. Laurent Road to Abord-a-Ploull'e 50 St. Michel Road 12, 50 To form part of Victoria Uoatl 6o St. jNlichel Road Company— ^ C^omiJensation to be paid to 'J'j Trustees authorized to acquire 03 Surveyor may be employed -^ Table of tolls to bo affixed at each toll-bar 31 Tolls- Alteration ot rates ot 4ii Highest rates of ^13 In schedules not to be exacted 43 May be let by auction by Trusto'^s for one year 14 On certain bridges to be exacted, and rates of t^aid tolls ^0 Rate of, on Victoria Road 0- 80 PAGE Tolls- Regulations with regard to 43 To be levied on new roads 57 To be applied to expenses of raanagenaent, etc., on payment of Debentures 14 Total amount of debt shall not excee'1 £72,000 52 Trustees — Absence and misconduct of 8 Appointment of - 7 Authorized to raise loan of £35,000 16 Authorized to raise loan of £1 2,000 36 Authorized to raise loan of £27,000 52 Authorized to raise loan not exceeding £3,000 58 Authorized to borrow money to pay off Debentures . . 52 Authorized to acquire St. Michel Road ()3 Authorized to collect joint tolls with Cote St. Antoine Road Company 66 Authorized to raise further sums to pay principal of any loan 37 Authorized 1o purchase St. Michel Road and to open road to Village of Sault au Recollet 56 Borrow money to pay Debentures 52 Control of Victoria Road to continue to be vested in. 62 Composition of Board of 67 Commutation of tolls by 13 Date of election of 37 Deposit of li.st with 69 Death of 8 Disposal of islands and lands with sanction of Governor by 29 Drawbridge— Authorized lo erect between Isle Bour- don and Island of IMontreal 28 Election of, by bond or bondholders 67 Exclusive management of roads by 14 p]xact and receive tolls on certain bridges and roads ofsaidtolls i 30 Hour of meeting for the election of 68 List to be forwarded by bondholder when claiming right to vote to 69 Loans by 15,86,52, 58 May exchange Debentures of turnpike roads ior smaller sums each 60 May let tolls by auction for one year 14 May appoint one of their number to be manager. ... 11 May sue for commutation mor^y 15 May place turnpike gates across entrance of any way leading into road again 19 May issue bonds not exceeding £200,000 71 May acquire islands and lands for abutments of cer- tain bridges 27 May construct toll-bars and make regulations for collection of tolls 31 jNIay declaiG any road, or any part of continuous road, to be a separate road, or revoke such de- claration ... > 42 81 PAGE May make regulations with regaid to tolls 43 Notice oiilling meeting for election of ^^ Number of, to be not lees than five 7 Names V)y which they shall be called 42 Precidentof .•• ^'^ Power to make equitable arrangements with persons desiring to cross roads - •••.•• ■; • 1^ Powers and authority of Grand Voyer of the District of Montreal, &c., vested in and possessed by 25 Towers extended to certain other roads 49 Powers extended to certain new roads •• 56 Powers with regard to new roads • • • • ■ • • • • • • • 51 Powersof 8, 9, 24, 25, 5b, 67 Quorum of meeting of •. 6» Rights and jwwer.s of, not affected by extension ot city limits... • ^^ Raise money by loan ,••;•••••.■•• '^'^'f^ Shall select from among their number their chairman w Substitution of another line for Upper Lachine Road ^ by ^* Shall furnish detailed account and report all other proceedings, and shall publish same • -^1 Vacan.-y of . • •'. »« Voting by proxy of • •■■: I" C""ax'\a" Verification of list to be forwarded by bondholder when claiming right to Tote to CJ Upper Lachine Road to Lock of Ste. Anne o" Upper Lachine Hoad ; • • • • ■ • ^^ Upper Lachine Road may be substituted by another road. 24 Vacancy of Trustees •,",•■,'■,■■■ j\""ij V " ^^ Verification of list to be forwarded by bondholders when claiming right to vote ^ Voting of Trustees by proxy-. oo Victoria Road — ,„ To be a separate road ^^ Rate of tol Is on • !- St. Michel Road to form part of o^ 6