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 . ■■» -: ■ii;W^<«-''*0'-'- 
 
 JOdGINS RAILWAY COMPANY. 
 
 Incorporated by Act of the Legislature 
 of Nova Scotia, A. D. 1885. 
 
 Bye La^ s and Act of Incorporation. 
 
 HACKVILLE, N. B.: 
 
 PRINTED AT OFFICE OF CHIGNECTO POST. 
 
JOGGINS RAILWAY COMPANY. 
 
 OiTICERS, 1885. 
 
 GENERAL D. B. WARNER, St. John, President. 
 
 GILBERT SEAMAN, MinItdie, . . . <. Vice-President. 
 
 W. C. MILNER, Sackville,. Secretary-Treasurer. 
 
 GEO. HIBBARD, Lower Cove, N. S., 
 
 ROBT. CRUIKSHANK, St. John, 
 
 D. W. CLARK, St. John, 
 
 With PRESIDENT and VICE-PRESIDENT,) 
 
 .Directors. 
 
546 Olo 
 
 BYE LAWS. 
 
 NY. 
 
 RESIDENT. 
 RESIDENT. 
 lEASURER. ' ^ 
 
 IRECTORS. 
 
 JOGGINS RAILWAY COMPANY. 
 
 Incorporated under Act of the General Assembly of the Province 
 
 of Nova Scotia, A. D. 1885. 
 
 1. This Company shall be known as the Joggins Railway 
 Company. 
 
 Shares. 
 
 2. Every person owning a Share in the Capital Stock of the 
 said Company shall he entitled to vote at all meetings of the 
 same, and he a Member of the Company. Meml)ers shall be 
 entitled to as many votes as they liold Shares. Absent Members 
 may vote by proxy, provided such proxy l)e a Stockholder au- 
 thorized in writing. 
 
 Meetincjs. 
 
 3. At the annual meetings, five Shareholders sliall be elected 
 Directors to hold office for one year, or until others are chosen 
 in their place, as hereafter provided. No Stockholder shall be 
 eligible to vote, at any meeting, or serve, unless he shall have 
 paid all calls on his stock. 
 
 Officers. 
 
 4. The Directors, at their first meeting after each annual meet 
 ing, shall elect a President, Vice-President, Secretary-Treasurer 
 and Manager, and such other servants and officers as mpy be 
 deemed necessary. 
 
 Duties of Officers, 
 
 5. The Directors shall have proxies to fill during the interval 
 of Stockholders' meetings, but for no longer period, any vacan- 
 cies which may be made in their own body from time to time, by 
 death, resignation, or any other cause. They may appoint a 
 President pro tern in case of the President's absence^ or inability 
 to perform the duties of his office. S^.'^S. 
 
2 
 
 6. The President shall preside at all meeting's, and shall have 
 the general direction and sui)ervision of the ordinary afl'airs of 
 the Company, suhjeet to the Board of Directors. He shall 
 countersign all certificates of stock, and all checks and drafts 
 for money. 
 
 Sfkcjal Mkktint;.s of Company. 
 
 7. The Directors shall have power to call special meetings of the 
 Shareholders, and shall do so on the requisition of Stockholders 
 representing one-ipiarter of the suhscribed Stock of the Compa- 
 ny ; the time and place of such meeting to be published in two 
 issues of a newspaj)er i)ublished in the (Jouiity of Cuniberland, 
 giving Hfteen days' clear notice of such meeting. 
 
 SPK(51A]i MKKTI\(iH OF DlKKCTORS. 
 
 8. special meetings of the Directors may be called by the Sec- 
 retary, at the order of the President or two Directors, by means 
 of a printed or written notice served on the Directors personally 
 or left at the residence or place of business, twenty-four hours 
 before such meeting, or mailed four days before such meeting. 
 
 Sfcrktaky-Tjjeahukkk. 
 
 9. All checpjes, drafts and certificates of stock shall be signed 
 by the Secretary. He shall keep a record of the Proceedings of 
 the Company. He shall keep a stock L(>dger or Record of all 
 the stock subscribed, cancelled or transferred. 
 
 10. The seal of the Company shall be in the following form : 
 
 I 
 
 11. The Directors shall incur no liability, except by unanimous 
 vote at a full meeting of the Directors. 
 
 12. These Bye Laws may be amended or added to at any gen- 
 eral annual meeting of tne Stockholders, and also at any special 
 general meeting, if in the notice published, of such meeting, be 
 included a full statement of the amendment or addition it is 
 proposed to be made. 
 
 I 
 
lall have 
 ifl'airs of 
 He shall 
 1(1 drafts 
 
 gs of the 
 khoklers 
 ! Coiupa- 
 1 in two 
 iherland. 
 
 the Sec- 
 >y means 
 ^rsonally 
 jr hours 
 'eting. 
 
 e signed 
 dings of 
 'd of all 
 
 g form : 
 
 animous 
 
 my geii- 
 y special 
 jting, be 
 on it is 
 
 3 
 CHAPTER 76. 
 
 An Act to incorporate "The Joggins Railway Company." 
 (I'assed the 19th »hiy of April, A. D. 1883.) 
 
 Section, 
 
 1 IncorpDratioii. 
 
 2 (apitcal stock. 
 
 8 Division into shares. 
 
 4 Shareholders' liability, 
 
 5 Transfer of shares. 
 
 Land, etc., paid in .stock. 
 
 7 Eligibility as director. 
 
 8 May negotiate paper, etc. 
 
 9 May construct road over rivers, etc 
 
 10 May agree with other companies. 
 
 1 1 Sul).scription stock Ixujka. 
 
 Sk 
 
 12 
 
 Hi 
 
 14 
 
 1.") 
 
 Hi 
 
 17 
 
 18 
 
 19 
 
 20 
 
 21 
 
 22 
 
 CTION. 
 
 First meeting, when held. 
 Directors to elect I'resident, etc. 
 Annual meeting, when held 
 Organization not to lapse. 
 Stock, how may be paid for. 
 Issue of bonds authorized. 
 Appointment of Manager. 
 Name to be pair>te<l, etc. 
 Principal ollice of (^o. 
 Application of N. S. railway Act. 
 Railway, when to commence, etc. 
 
 Be it enacted by the Governor, (Jouncil and Assembly, a.s 
 follows : 
 
 1. John E. Irvine, Daniel W.Clark, Roliert Cruik.-,hanks and 
 Darius B. Warner, all of the City of Saint John, in the Pro- 
 vince of New Brunswick, and George HiT)bard and Gilbert Xea- 
 man, both of Lowei' Cove, in the (Jounty of Cumberland, in the 
 Province of Nova Scotia, and Brunswick B. Barnhill, of Jog- 
 gins, Jeptha Harrison, of Maccan, and (^harles W. Hew.son, of 
 River Hebert, in .said C.ounty, and all such other persons and 
 corporations as shall become shareholders, in the Company here- 
 by incorporated, are hereby constituted a body politic and cor- 
 porate, by the name of the Joggins Railway Company, for the 
 purpose of constructing a line of Railway from the Shores of 
 the Bay of Fundy, at or near the Joggins aforesaid, to the Inter- 
 (!olonial Railway, at or neai' Maccan Station, or such other point 
 on the Intercolonial as may be found most suitable, and coub- 
 tructing branch lines in the said County of Cumberland. 
 
 2. The capital stock of the Company shall be not less than 
 two hundred thousand dollars, one-half of said capital to be 
 subscribed for, and ten per cent, of the whole capital to be paid 
 up before the company shall go into operation, but the amount 
 thereof shall be increased from time to time as the business of 
 the company may require, but such increase of capital shall on- 
 ly be made by a majority of the Board of Directors voting in 
 favor of such increase at a special meeting of such Board called 
 for that purpose. 
 
3. The capital stock shall be divided into shares of one hund- 
 red dollars each, and such stock shall he personal property, trans- 
 missible and assignable as such. 
 
 4. By no construction or implication shall any shareholder be 
 bound, each for the other, the express feature of said stock being 
 to limit the liability of such subscriber to the amount of his 
 subscription. No shareholder shall be liable for the debt or con- 
 tract of the company to a greater amount than any unpaid bal- 
 ance due the company by such shareholder on account of his 
 subscription made to the capital stock of the corporation, but the 
 transfer of the stock of any shareholder shall not release him from 
 any liability to the corporation on account of his subscription to 
 the capital stock, unless his transferee shall have paid the same 
 in full, and any balance due on the capital stock by any shai'e- 
 holder shall likewise be available to any creditor of the company. 
 
 5. The Board of Directors may make regulations concerninsr 
 the transfer of shares or stock in the company, and the form of 
 shares, stock and other certificates, and the assignment thereof. 
 
 6. The Company jnay issue stock in payment of lands, rail- 
 ways, and other property, or any interest therein on such terms 
 as tife Directors may deem best, and such stock shall be deemed 
 fully paid up stock, as if paid in money. 
 
 7. No person shall be elected a director of the company, un- 
 less he shall be a holder and owner in his own right, or as a tius- 
 tee for another corporation of at least ten shares in the conipany. 
 
 8. The company shall have power to become parties to pjomis- 
 sory notes, and bills of exchange for sums not less than one 
 hundred dollars, and any promissory note or bill of exchange 
 made or endorsed by the president or vice-presideiit of the com- 
 pany, and countersigned by the secretary and treasurer, and un- 
 der the authority of a quorum of tne Directors, shall be binding 
 on the company, and every such promissory note or bill of ex- 
 change made, drawn, accepted, or endorsed by the president or 
 vice-president of the company, and countersigned by the secreta- 
 ry or treasurer as such, shall be presumed to have been properly 
 made, drawn, accepted or endorsed, as the case may be, for the 
 company until the conti'ary be shewn, and in no case shall it be 
 necessary to have the seal of the company to any such promis- 
 sory note or bill of exchange, nor shall the president, vice- 
 president, or secretary and treasurer of the company so niaking, 
 
 I 
 
 \ ■ 
 
tne lunid- 
 tv, trans- 
 
 liolder be 
 r>ck \»m\^ 
 it of his 
 tt or con- 
 paid bal- 
 nt of his 
 1, hut the 
 him from 
 iption to 
 the same 
 ly share- 
 company. 
 
 >neerning 
 » form of 
 ; thereof. 
 
 rids, rail- 
 ich terms 
 e deemed 
 
 pauy, Un- 
 as a tr US- 
 company. 
 
 o pjomis- 
 than one 
 exchange 
 
 the com- 
 , and un- 
 e binding 
 (ill of ex- 
 sident or 
 e secreta- 
 
 properly 
 ^ for the 
 hall it be 
 
 « 
 
 I 
 
 1 promis- 
 nt, vioe- 
 > making, 
 
 drawing, accepting or endorsing any such promissory note, or bill 
 of exchange, be thcjreby subjected individually to any liability 
 beyond his liability as a shareholder of the company, provided 
 always that nothing in this section shall be construe(l to author- 
 ize the conipany to issue any note payable to bearer, or any pi-o- 
 missory note intended to be circulated as money, or as the notes 
 of a bank. 
 
 y. It shall be lawful for the couipany to construct a road, and 
 to Make and operate a railway or tramway over, under and 
 across any brooks, rivers, and streams, not being navigable 
 waters, subject nevertheless to the regulations to be made by the 
 Municipal Council of the County, fc the safety of the inhabit- 
 ants, and their property, and the preservation of public and 
 private rights ; also to make harbours, piers, and breakwaters, 
 and shipping places upon any lands owned or ac<i|uired by the 
 company under this Act. 
 
 10. It shall be lawful for the company to enter into agree- 
 ujents with other companies, incorporated or unincorporated, in- 
 dividuals, or governments, to !)uild, construct, equip, complete, 
 and operate the whole or any part of the company's works, or to 
 lease the same when so completed, or to receive by way of gift 
 or bonus any lands, sums of money, securities and debentures, on 
 such terms as may be mutually agreed upon, and the company is 
 hereby authorized to issue, when necessary, paid up stock of the 
 company in settlement of, and to represent the whole or part of 
 the cost or value of such performance, acquisition, or bonus, and 
 such stock shall be declared, and taken to be fully paid up to all 
 intents and purposes, and shall not be subjeot to any further 
 calls, nor shall the holders thereof be liable for any payment on 
 account thereof. 
 
 11. The Board of Directors may open books for thfs subscrip- 
 tion to the capital stock of the company at such places, and un- 
 der such conditions, and after such terms as they jnay deeui best 
 to the interest of the company. 
 
 12. The first meeting of the company shall be held at such 
 time and place as a majority of the corporation shall tix, and no 
 tice thereof shall be given for thirty clays previous to the time 
 lixed for the meeting in any newspaper published in the County 
 of Cumberland, at which meeting the said company shall he or- 
 ganized, and a Board of Directors chosen. 
 
V 
 
 6 
 
 13. Tho Board of Directors sl.aM at their first meeting eh^ct a 
 president, vice-])re8ident, secretary and treasurer, and nmy from 
 tune to time api)oint sucli other ofticerv, or agent as may he 
 deemed necessary for carrying on the business of the company. 
 
 14. The annual meeting of the Company f(»r the election of 
 Directors, and transaction of other business of the Company, 
 shall be held on the first Tuesday in February, in each year, at 
 Amherst, Nova Scotia, unless otherwise ordered by }.. by-law of 
 the Company, which election shall be by a majority of the votes 
 of all the shares represented at the nleeting, each share being 
 entitled to one vote ; the shareholders may vote in person or by 
 proxy. '' 
 
 15. The organization of the Company shall not lapse by any 
 failure to ciioose officers on the day a,.j>ointed, but the officers 
 may continue in office until others shall be elected in their place, 
 and in case of a vacancy in the Board of Directors, bv reason of 
 death, resignation, or otherwise, it may be tilled by the\-emaining 
 Directors, subject, however, to any provision which may be coir, 
 tained in the l>y-laws. 
 
 16. The Directors may receive money, lands, mines, build- 
 ings, machinery, leases, licenses, rights or privileges, or other 
 property, or any interest therein respectively, or material, and 
 work at contract price in payment of stock subscribed for, or any 
 instalments due thereon, subject to such conditions as to valua- 
 tion, or acceptance of the same, as may be imposed by the by- 
 laws of the Company, or the vote of the stockholders. 
 
 17. The Directors shall have power to issue bonds not to ex- 
 ceed in amount one-half the capital stock of the Company, which 
 bonds when issued shall constitute a first lien "pon all properties 
 of the Company. None of such bonds shall be for a less sum 
 than one hundred dollars. 
 
 18. The said Company shall through its directors appoint a 
 recognized nianager or agent, resident in the Province of Nova 
 fecotia, service on whom of all process, notices and other docu 
 ments shall be held to be sufficient service on the Company, and 
 the name and address of such manage^ or agent shall be filed 
 wii,n the Registrar of Deeds for the County of Cumberland. In 
 default of such appointment, or in case of absence, or death of 
 such manager or agent, process notices, and documents, may be 
 served upon any officer, or employee of the Company, and for 
 
 \ 
 
 \ 
 
 > 
 
ting tAori a 
 1 may frotii 
 as may l»e 
 company. 
 
 election of 
 Company, 
 icl) ve»,r, at 
 '. by-law of 
 f the votes 
 Imre being 
 :>rson or hy 
 
 pse hy any 
 :he oflicers 
 their place, 
 y reason of 
 remaining 
 ay be con- 
 
 nes, builtl- 
 , or other 
 -terial, antl 
 ^oi", or any 
 .8 to valua- 
 by the by- 
 
 not to ex- 
 any, which 
 
 properties 
 a less sum 
 
 appoint a 
 e of Nova 
 ther docu 
 ipany, and 
 ill be filed 
 rland. In 
 r death of 
 ts, may be 
 y, and for 
 
 i 
 
 want of such officer, or e ployce, may be posted upon some prin- 
 cipal building of the (.^oinpany, and such service or posting shall 
 l»e deemed a sutiieient service upon the Company. 
 
 19. The Comptur.' shall paint or affix, and keep painted, or 
 affixed their name on the outside of every office or plac« in which 
 the l>usineHS of the Company is carried on, in a conspicuous posi- 
 tion, in letters easily legible, and shall havf, their names men- 
 tioned in legible characters in all noticos, axlvertisements, and 
 other official publications of the Company, .tnd in all bills of ex- 
 change, promissory notes, chetjues, orders, bills of parcels, receipts, 
 letters, and other writings used in the transaction of the business 
 of the Company, and each of the Directors of the Company shall 
 be liablf to a pf>nalty of twenty dolleivs for every neglect oir omis- 
 sion of the name of the Company in any rT the aVmve cases. 
 
 20. Tlie principal office of the Company shall be in such place 
 as the Board of Directors may from time to time appoint, ai;d 
 the place where such office is situated shall be tiled in tlie 'office 
 of the Registrar of Deeds for the County of Cuml)erland. 
 
 •21. The Nova Scotia Railway Act, 1880, and the amendments 
 thereof, shall apply to the Company s undertaking, and be con- 
 sidered to be incorporated herewith. 
 
 2-2. The construction of said line of railway must be com- 
 menced within a year and comphted within five years from the 
 first day of April, 188.3, failing which the Governor in Council 
 may declare this Act a,nd charter null and void. 
 
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