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Les diagrammes suivants lllustrent la mAthode. 1 2 3 32 X 1 2 3 4 5 6 ^N A.OT TO INCORPORATE THE KINGSTON AND FRON- TENAC RAILWAY COMPANY. (Assented to 2Srd Jauvary, 1869J "y^^HEREAS it is expedient to incorporate a Company for the PwMnM*. construction of a Railway, with iron or wooden rails, from the City of Kingston to the vicinity of Knowlton Lake, in the To\vnshin of Loughborough, with power to extend the said Railway into the Township of Olden or the Township of Oso, and for other purposes : Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : — 1. Richard John Cai-twright,Es(iuirc,thc Honorable Alexander Incorpora- Campbell, John Carruthers, Merchant, John Paton, Esquire, and ^'o**- Orlando S. Strange, Doctor of Medicine, all of the City of Kingston, together with such other persons or corporations as shall, under ilie provisions of this Act, become shareholders in the Company hereby incorporated, shall be and arc hereby ordained, constituted and declared to be a body corporate and politic, by and under the name of The Kingston and Fron- tenac Railway Company. 8. The several clauses of " The Railway Act " of the Con- Certiun soli dated Statutes of Canada, and the amendments thereto, with c|_»"''e?of respect to " Interpretation," " Incoi-poration," " Powers," " Plans way Act in and Sm-veys," " Lands and their Valuation," " Highways and corporated. Bridges," "Fences," "Tolls," "General Meetings," "President and Directors, their Election and Duties," " Calls," " Shares and their Transfer," " Municipalities," " Shareholders," " Actions for Indemnity and Fines and Penalties and theu" Prosecution," " By-laws, Notices, fee," " Working of the Railway" and "General Provisions," shall be incorporated with this Act, except in so far as they are inconsistent with or are varied by this Act; and the expression "this Act," when used herein shall be held and un- derstood to include the said clauses incorporated with this Act. 3, The Company shall have power to lay out, construct and Po^orto con- maintain a Railway,, with wood or iron rails, of not 1-^^ than ^^''*,t''^' threefeet six inches gauge from any point within the 1) iit3 of the City of Kingston, to some point near Knowlton Lake, in the Township of Loughborough, and to extend the same as hereinafter provided into the Township of Olden or the Town- ship of Oso ; and to lay out, construct and maintain branch railways, tramways and waggon roads not exceeding seven miles in length to any mine, peat-bog, quarry, mill, lake or river. «4 if K6S X:sa Towers rela- tive to bran- ches, etc. Proviso. qmV^oertl^n \ ^''°, ^'«'"Pany sl'iH l»ave power to acquire unoccupied lamUin iKixdn. and uuoceui)ied water-lot property within the City of Kingston, etc. Kingston, not to exceed iii all ten lu'ies, and to acquire in the Township of Lough) joroiigh twenty acres, and in the Township of Olden or the Township of Oso twenty acres, for the erection and maintenance th(,Teon of necessary wharves, piers, ware- hou.so8,str its curtiiilago, of any pei-son or corpomtion, subject to the application of the provisions contained in sections .sixteen tf) thirty-one inclusive, of chapter forty-nine of the Consolidated SUvtutes of Ujjper Canada : Provided that if the Municipality within whose jurisdiction such road may be .shall desire to assume the .same, such road shall be delivered up to tho Munici- pality on payment of the cost thei-eof, and thereupon the Com- pany shall cease to be responsible for the maintenance or repair of such road; and if such road shall become umiecessary for the use of the Company, and the Municipality shall decline to assume the .same as aforesaid, the Company shall have power to disimse of the land occupied by the road by public auction. Jui^ViSw'Ts , *• '^^^ Company shall have power to constnict, purchase, etc. ' charter and navigate scows, boats, sail and .steam vessels on any lake, river or stream near to, or touched by the Railway for the purposes of traffic therewith. no"t}cttbo A f,. The publication of any notice required by "The Railway publiahftlin -^^* or this Act, shall, unless otherwise provided by this Act, county n^ws- bc sufficiently made by one publication of the same in a news- ^Su"^ If ''*-''■ ."^^^hin the county, and in the Ontario OazetU ; and the siud Ontario Gazette shall, on production thereof, be con- clusive evidence of the sufficiency of such notice. Capital stock, 8. The Capital Stock of the said Company shall bc one hundred thousand dollai-s, with power to increase the same in the manner provided by tliis Act, to be divided into one thou- sand shares of one hundred doUai-s each, which amount shall bo raised by the persons hereinbefore named, and such other per- sons and corporations as may become shareholders in the Com- pany ; and the money so raised shall be applied, in the first place, to the payment of all fees, expenses and disbursements for procuring the passing of this Act, and for making the sur- veys, plans and estimates connected with the Railway; and all the rest and remainder of such money shall be applied towards making, completing and maintaining the said Railway, and other purposes of this Act : Provided aJways, that until the said preliminary expenses shall be paid out of the Capital Stock, it shall be lawful for the Municipality of any County, Town, Village or Township, to pay out of the funds of such Munici- and applica- tion of •amc. ProTiso. {I -J? 8. The Directors may at any time call upon the share- snareholders. holders for instahnents upon each share, which they or any of them may hold in the Capital Stock of the Company, in such proportion as they may see fit : Provided that no such call or instalment shall exceed the sum of t«n dollai-s per cen- tum upon the amount subscribed for by the respective share- holders in the said Company, and that the amount of any such call in any one month shall not exceed ten dollars per centum upon the stock so subscribed, so that there be one month be- tween ejieh call, until the whole capital be subscribed: Pro- vided also, that upon the occasion of any person or corporation becoming a subscriber for stock in the said Company, it shall be lawful for the Directors of the said Company, for the time being, to demand and receive, to and for the use of the said Company, the sum of ten dollars per centum upon the amount by such person or corporation respectively sub- scribed, and also the amount of such calls as shall have already been made payable in respect of the stock then Qnorumof directors. Subscriptions for shares. Proviso as to limiti.tion of calls. Proviso. i '^ / N already subscribed, at the time of sucli person or corpora- • tion respectively subscribing for stock ; and nil persons subscrib- ing to the Capital Stock of the said Company shall be (.M.nsidnred proprietors and partners in the same, but shall be liaUe only to the extent of their unpaid stock therein. 1 ',?; '^1'® ^^'^*"*'': "^ *''*^ Ci^vitixl Stock of the said Company Share, tra,,,. sJiall be traasferable, and may, from time to time, be trnusfoned '«'»''•«• by the respective holdei-s and owners thereof: Provided al- ways, that the original subscribei-s, or any future transferor, an.l ulhrn/v'^ff ^" the tmnstereo shall be always held personally liable f. the said subicXrl. Company, and to tlie creditors, thereof, for all or any part of the sums unpaid on such shares by the transferor or*ori<'inal subscriber subscribed, and for nil "calls thereon, whether'' due before or after any such transfer; and in any action brought for the recovery of any call or calls upon such stock, tiie said Com- pany may sue the original subscribei-, oi- tlie pei-son or persons to whom the same may have Ijcen transferred, as the said Di- rectors may elect, and failing to secure payment may enter an action against, and may recover fn.ni the (trij^'nal sultsciiber any unpaid calls on such stock, together with the costs of any })revious actions in which the Company may have recovered judgments against any other of the jjarties liable for such calls. »0. Municipal Corporations may grant to the said Railway Municipali- Company any such sums of money or debentures as may, by *'«» n>*y »>d the said Municipal Corporations, be thought advisable in the way ^y**""""- •*« of bonus or donation, to aid in the construction or equipment of the said Railway, or of any of the works authorized under this Act ; and it shall be lawful for the Company to accejjt such bonus or donation, and to apply any such sums of money or the proceeds of such debentures to the special purpose, if any, for which the same was so granted : Provided always, that the by-law authorizing the grant of such bonus or doiuition shall be ai)proved of in the manner provided hy section two hundred and twenty -six, two hundred and tw v -seven and two hundred and twenty-eight of" An Act respeuu .g the Municipal Institu- tions of Upper Canada " passed in the sossion held in the twenty- ninth and thirtieth years of the reign of Her Majesty Queen Victoria. etc. /Jl. In case a majority of the persons rated on the last ass- Petition essmenf roll as freeholders in any portion of a municipality, do therefor by petition the Council of such MunicipaUty, the said petition to freSew detine the metes and bounds of the section of the Municipality within which the property of the petitioners is situated, and expressing the desire of the said petitioners to aid in the con- struction of the said Railway by granting a bonus or donation to fcRe said Company for this purpose, and stating the amount which they so desire to give and grant and to be assessed there- for, the Council of such Municipality shall pass a by-law, provided the said by-law shall be approved of as in sections two hun- dred and twenty-six, two hunrlred and twenty-seven and two hundred and twenty-eight of the Municipal Act of eighteen hundred and sixty-six, chapter fifty-one, by the majority of qualified electors in the portion of a Municipality petitioning as aforesaid : — 04 ira'iVdo'" . (l) ForraJHin- the amount so potitionoa for by tl.o fi-coholders b«i.turei. '" """'> |><>i-tii>ii o( tlio Municiimlity, hy the iswuo of dehentures ofthi) Munici|.iility, jMiyal.li- witliiii twenty vearH or earliiT and for the payment to tlie said Company of the amount of wild bonuH or .lonation at the time and on the tonus HiHjeiflcd in the said imtition. fl^r^crym'nt I ^^'^ ^ov msoHMUi; and levyiiiir upon all the rateable property and «ii.6in« '>"'r '^»""» ^hc section dehiic.l by tlie said |)ctition. an annual fund. Hpoeial rate sutiieicnt to ineludo a sinking fund for the repay- ment of dubentuivs, with the int.ieHt thereon, whieli Munieitml ( ouncil.s are here])y authorized to execute and Imhuo in 8uch cases respectively. Increaao of capital uiid •xteiuiou. Prorito, 25J. \\ lien and so soon a.s Hcventy-five per centum of the Capi- talStfJck shall havebeenfully paid.and atleast twenty milcsof the Railway nliall have been eon.strueted. if itshall at any general meet- ing of the Company, called for the purjKwe, be re.solve, an.l for such purpose to increase the Capital Stock of the said Company to any sum not exceeding three hundred thou- sand dollars, either by the addition of new subscriptions or otlierwise, it shall and may be lawful for the said Commny to enter upon such extension and increase such capital, and the new shares thereof shall lie part of the capital of the Corpora- tion; and the subscribers to such shares shall be members of the said Corporation : Provided always that such increase of capital and tlie extension of the said RniJway shall not take effect until the liy-law authorizing the same shall have received the approval of the Lieutenant Governor in Council lZ'Si2l.lr ** Up«"«»e approval of the said by-law by the Lieutenant by Lieuten- J^uvenior m Councd, the order mcouncil confirming the same shall •nt Uovemor be published in the Ontario Gazette, and upon such publication t°ho;^.!„7e;"" "^li ^^'t .t^nf^ f'^}' *1'^ *»"»?*«•■ of P"Wic Works and in the teiuiou H*"*^® ^^ *"^ ^^^^^^ "f ^^^ P*-'a<:e for the county, of the map or plan ot such extension and the 1iook of reference relating thereto such extension shall be deemed to be fully authorized, and to be part of the undertaking authorized by this Act; and to the same and to every ])art thereof, every provision of this Act shall be fully applicable: Provided that until such extension be authorized and approved as aforesaid, the map or plan and book of reference shall comprise only that portion of the Railway between the city of Kingston and the primary terminus near Knowltoa lake in the Township of Loughborough. 84. The Company shall have power to become parties to promissory notes and bills of exchange for sums not less than one hundred dollars ; and any such promissory notes, or any such bill of exchange drawn or accepted, or endorsed by the President or Vice-President of the Company, and countersigned by the Secretary and Treasurer of the said Company shall be binding on the Company ; and the President, Vice-President or the Secretary or Treasurer, shall not be individually responsi- ble for the same, unless the said promissory notes or bills of exchange have been issued without the sanction and authority of the Board of Directors as atbresaid : Provided that nothing m this section shall be construed to authorize the Company to Proviio. Company may becomo parties to notes, etc. ProviM, rovHo. isBUe notoH or billn of exchange jjaynblfi to hoftnT, intended t.i bo circulBt«d tut money, or im the notes or billH of a Iwink. «*. ItHhidl l.e lawful for the Dii.vtors for tlin tinj.> hvin;,', hirccton to to make, execuU> and deliver all .siuli InindM, del).•ntuI•••^, niort- "'»''<' •»»••. jiiiges or other securities iw to tlie Directors for th.- time' heinL' ''''" shall, from time to time, seem expedient, for raisin.,' the neees- •sary capitid for the time Ikmii^t anth(.ri>;fd to U- raised by the .sonrls dek-ntures or mortgages, shall not exceed at any time tlui amount of the then actual paid up Capital Stock of the sjud (company and expended on tlu; said road. ae. All bonds, debentures and other securities shall be cxc- How LoikU, cutcd by the President of the Company, for the tim.- l)ein.r and "'•••. "«<»>»• countersigned by the Secretary, and may b(. mad(> payaHe to *•'''• bearer; and all such Iwmds, debentureH and other seciirities of the aaid Comjiany, and all dividends and interest warrants or coupons thereon respectively, which shall jjuiportto be payable to bearer, shall be assignable at law by delivery, and may be sued on and enforced by the res|)ective l)earers and ownen thereof, for the time being, in their own names : Provided always. I'rovUo. that no such debentures shall he issued for an amount less than one hundred doUaix Provincial currency. 581. Conveyances of lands to the Company may be made in Form of c the form set out in schedule A hereunder written, and shall be ^^yauccH registered [in the manner and upon the proof required under the *"""'""'* ' " Registration of Titles (Ontario) Act ;" and no Registrar shall be entitled to more than fifty cents for such regi.stration. together with all entries and certificates in reaiKJct of every such convey- ance and the duplicate tliereof. 88. The said Railway shall be completed from the City of When roil Kingston to the primary terminus in thoTown.shii) of Lou-di- '^"y *" *"; borough, within two yeai-s from the p.wsing of .this Act ""'"'''•'*'"'• and the extension thereof into the Township of Olden, or the Township of Oso, Avithiii five yeai-s from the pa-ssing of tJiis Act ; aJuJ ia the event of the non-completion of the said Railway with- in Wio time limited, the charter, powers and privileaes of the Company shall be foifeited. on- to Schedule A. Know all men by these presents that I (insert the name 0/ the wip also ifahe if> to releam her doiuer, or for any other purpose to join the conveyance) in considei-ation of / ±1 , , , ,^, P^ii^l to me (or as the case ^luiy he) by The Kingston and Frontenac Rail- way Company, the receipt whereof is hereby acknowledged do hereby grant, seU and confirm unto The Kingston and Ffon- tenac Railway Company, their successors and assigns all th certain parcel of land being and composed of (describe the land) .till MUd Und aud preiiiueH, toL^ther with theroto, to tliu Huid The Kingoton and ipai;y liwir Huceesaoni and attbiffna for add mild I (na/me the tvife) ral«M« tay ioww fi Chi^ prvmumt.^ Witnesl haad and Heal this day of one tliousand < ight hundred and Signed B«aled, and ' delivered ence 64 «aied, and ^ sd in pre»*- ( it of { RF. ) A. R [L8.] [LS.] T/ie B:DITH and LORNE PIERCE COLLECTION of CANADI ANA ^een's University at Kingston -^i t- ■?%^: