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 23 WEST MAIN STREET 
 
 WEBSTER, N.Y. 14580 
 
 (716) 872-4503 
 

 
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^^^H^^^mmmi^i^wff'fi^^'^^fiWiiiiKfi 
 
 El 
 
 \ 
 

 ACT OF INCORPORATION 
 
 AND 
 
 BYE-LAWS 
 
 OF THK 
 
 INLAND NAYIGATION COMPANY 
 
 ill . 
 
 HALIFAX, N. 8. 
 
 PRINTED BV J. BOWES AND SON, BARRINGTON STRSET, 
 
 1854. • . 
 
.» V 
 
 i v. 
 
 ^N*^ 
 
 AS 
 
 ^f L/O 
 
AN ACT TO IN(M)1MM)HATK 
 
 THK 
 
 INLAND NAVHiATlON COIIPANY. 
 
 . IPasied the 4th day of April, A. D, 1803.1 
 
 as 
 
 Be it enacted by the governor, conncil, and assembly 
 
 ° l°^James F. Avery, Andrew McKinlay, William Stairs 
 William H. Fairbanks, William Lawson, David Allison, 
 Lawrence Hartshorne, Thomas IJolton, James Ihompson, 
 Charles W. Fairbanks, George A. S. Crichton, and all other 
 persons who shall become proprietors in the company, 
 hereby established, their successors and assigns, shall be a 
 body corporate, by the name of " The Inland Navigation 
 
 *2 The company may purchase and hold real estate, and 
 seller let the same; the real estate to be held at any one 
 time not to exceed in value the sum often thousand pounds. 
 
 3 The capital stock of the company shall be thirty 
 thousand pounds, to be divided into one thousand and five 
 hundred shares of twenty pounds each. 
 
 4 Any of the persons named herein, may immediately 
 after the passing hereof, open a subscription book for shares, 
 and dve public notice of the opening thereof for at least 
 thirty days, in two or more of the newspapers published in 
 Halifax -'and no person shall be allowed to take more than 
 twenty-five shares, until the expiration of such thirty days, 
 when if any of the shares shall then remain unsubscribed 
 for any person may subscribe therefor, notwithstanding such 
 person may have before taken twenty-five shares. 
 
 5 As soon as the sum of ten thousand pounds ot the 
 stock shall be subscribed for, and one thousand pounds paid 
 in on account thereof, the shareholders may hold their first 
 meeting, and thereat appoint their oflicers, namely ; a presi- 
 dent, two directors, an engineer-in-chief, and such subordin- 
 ate officers as they may deem necessary. 
 
 6. When the company shall be invested by the provinci- 
 al government, in consideration of such sum of money as 
 may be mutually agreed upon, not to exceed ^ve thousand 
 pounds, with the land, and land covered wi >. water, locks, 
 and other works and appurtenances, formerly belonging to 
 the Hhubenacadie Canal Company, or any part thereof that 
 
 NauM) of member* 
 of Oorpuratiou- 
 
 Be&I Estate of 
 Company UmiUd. 
 
 Capital Stock- 
 shares. 
 
 Subscription Book 
 to be kept opeu. 
 
 Shares— how many 
 may be taken by 
 one person. 
 
 Company — when 
 to go into opera- 
 tion. 
 
 Empowered to cut 
 Canal, &c. 
 
may be reqnircJ by the company and agreed to by the 
 government, it sliall be lawful for t'lo company to open and 
 cut a suflicieut canal or water coffinnmicr. tion from the 
 waters of the harbor of Halifax through the Dartmouth 
 Takes, so called, the lakes and channels or course of the 
 river Shubenacadie, or along the sides or banks of such 
 lakes and river to such part of the river between its place of 
 discharge in the basin of Minas and ihe Great lake, and in 
 so doing, to use, deepen, contract or widen, or otherwise 
 alter the channel formerly cut and ojcued by the Shubena- 
 cadie Canal Company, as shall be proper for making a 
 continuous navigable'chamiel, or cai al for the passage of 
 boats or vessels to and from the basin o' Minas and the harbor 
 of Halifax, respectively, and for such purpose to dig, exca- 
 vate and clear such locks, pits, chaaibers or basins, and 
 make, build or renew, such locks, shvces, wears, dams or 
 embankments, in, over, acioss or upon, the course of such 
 river, or along the sides thereof, oi at or near the se- 
 veral lakes or streams, connected therewith, as may be 
 necessary for eflecting such inland -w ater communication, 
 at all such parts of such river, lakes or streams, and in 
 such courses and directions, from one ])art to another of the 
 same as mav be deemed proper, and to build any slips or 
 lines of railway which may be necessary in the course of 
 such inland water communication, and to use 'he channels 
 and waters of such rivers, lakes, and streams, in every \yay 
 necessary for constructing such inland water communica- 
 tion, and for rendering and keeping the same at all tiraea 
 navigable and in operation. 
 
 7. The company shall have power to make all necessary- 
 towing paths or roads along the shores, banks, or sides of 
 the inland water communication, for the tracking or towing 
 boats or vessels along the line thereof, 
 
 S. The inland water communication and towing paths 
 '';lL?Son,'!r.w shall, at all convenient times after the construction thereof, 
 reguiftted. ^g |^gpj ppgj^ fgy thc usc of thc public, their boats, vessels, 
 goods, horses, and cattle, upon the payment of a certain rate 
 of toll money, to be regulated by the company, and approv- 
 ed of by the governor, in council, and revised every five 
 
 years. 
 
 9. Whenever the hue of such inland water commumca- 
 
 tion shall be crossed by any pubhc highway now existing, 
 
 or hei-eafter to be by law established, the company, at its 
 
 ''erS^Pu^r own cost, shall be obliged to erect a convenient and sub- 
 
 plfny'treSr stautial bridge for the use of such highway, to be open to 
 
 bridge. iije public at all times. 
 
 ' 10. Whenever it shall be necessary in the construction of 
 
 When privnteiamis such inland Water commuuication, that the company shall 
 
 requires! f«r I'ur- ^g iuvcsted v/ith auy lands in the line thereof, or contigu- 
 
 poses of company ^^^^ ji.gjgt^, and no agreement can be made for the purchase 
 
 thereof, it shall be lawful for the president and directors to 
 
 apply, by petition, either in term time or vacation, to any 
 
 Towing paths. 
 

 
 two of the judges of the supreme court, setting forth the 
 nature and situation of the lands required, tlie names of the 
 owners thereof, and praying the conveyance thereof to the 
 company, — whereupon such judges shall appoint a time and 
 place for considering such petition, and shall direct a proper 
 notice, in writing, to be served on the owners of the lands, if 
 in tiie province, and if absent, to be published for the period of 
 one month, in at least two of the Halifax newspapers, requir- 
 ing them to attend, either in person or by their agent or attor- 
 ney, at such time and place ; and in case such owners shall 
 attend, the judges shall require the president and directors 
 :o nominate one appraiser, and such owners two appraisers ; 
 and the judges shall nominate two appraisers; but in case 
 such owners do not attend, the judges shall, on proof of such 
 service, or publication of such notice, nominate four apprai- 
 sers, and shall by an order, in writing, direct the said five 
 appraisers to value the lands so required ; and the apprai- 
 sers, having first subscribed an affidavit, in writing, to be 
 sworn to before a justice of the peace, to be annexed to such, 
 ord^r, to the effect that they will faithfully make such 
 appraisment, shall, with all convenient speed, proceed to 
 and appraise such lands, and shall make such appraisment 
 «»> wrii'ng, and return it with such order and affidavit to the 
 > vc Iges, who, if they approve thereof, shall confirm the 
 s^ . and the company, upon paying or tendering the 
 ar i of such appraised value, and the expenses of the 
 0' . -irT in such appraisment, and registering such order, 
 \f i.jivit, appraisment, and confirmation, in the office of the 
 t^gistriT of deeds, in the county where such lands lie, who 
 is I'-^t^by required to register the same, shall be considered 
 the owners of such lands. 
 
 11. The company may, from time to time, enter upon 
 any lands not under cultivation, and there cut down any jiateriau may be 
 trees, prepare any timber, and quarry and dig any rock or ^^^p"',^!,''^'^' p"' 
 other materials there found, and work, prepare, and carry 
 av/ay the same for the use of such inland water communi- 
 cation ; and if the parties having the property in such lands, 
 or materials, shall refuse to agree with the company there- 
 for, and for any damages occasioned thereby, or shall refuse 
 such reasonable compensation as may be tendered therefor, 
 the same shall be settled by arbitration, imder chapter 
 eighty-seven of the revised statutes, but the company shall 
 not take or use any such materials as may have been previ- 
 ously wrought or prepared, without the consent of the 
 parties entitled thereto. 
 
 12. In case any wear or embankment shall be made ^^^."[."ba^^^'enu 
 across the present course of the river Shubenacadie below 
 the Great lake, the company shall make and maintain 
 therein a sufficient fish ladder or waste gate, with proper 
 grates and valves, for allowing at all proper seasons the pass- 
 age of fisli up and down such river, the company in respect 
 of making and maintainine, such fish ladder or waste gate, 
 
 niofle atToss 
 river, company 
 to provide flsU 
 ladders. 
 
G 
 
 Dividends — pay- 
 meat of. 
 
 Casualty fi nd— 
 when to Ije es- 
 tablished. 
 
 Liability of share- 
 holders. 
 
 Canal, kc. may bn 
 taken by govern- 
 ment, aftcT 'JU 
 yeari. 
 
 Half-yearly ac- 
 counts to be 
 transmitted to 
 Vrovinclal Se- 
 cretary 
 
 Auditors may be 
 appointed. 
 
 Conveyance of 
 mails and troops 
 to be without 
 charge. 
 
 to be subject lo ihe rules, linos and Ibrfeitnres cotilamed 
 and imposed in and by chapter 95 of the revised statnles, 
 " Of river fisheries,' and all acts in amendment thereol. 
 
 13. The company shall not divide over twelve per cent, 
 on the paid up capital thereof, aft"J the payment of the 
 current expenses, but may put the surolus receipts over the 
 above twelve per cent, into a casualty fund until such fund, 
 amounts to a sum equal to one fourth of the capital stock ol 
 the company, and which may bo vested in such stock or 
 securities as ihecompuny may think fit, and then the surplus 
 earnings of the company, over ond above twelve per cent, 
 may be used in the rejiairing, improving, or extension of the 
 works of such inland water communication. 
 
 14. No shareholder shall be liable on account oi Ihe 
 debts of the company for a greater amount than double the 
 amount of the stock held by him, deducting therefrom tiio 
 amount paid to the company on account of such stock, un- 
 less he shall have rendered himself liable therelor by becom- 
 uie security for the debts of the company. 
 
 15. The legislature may, at its option, at any time alter 
 twenty years from the passing of this act, take such mland 
 water communication, with all the works and appurtenances 
 thereof, and keep the same in operation for the benefit and 
 m^der the control of the government, on paying to the com- 
 pany a sum equal to twenty years' purchase of the annua 
 profits divisible upon the subscribed and paid up capital 
 stock of the company, provided such average rate of profits 
 shall not be less than eight per cent. ^ i . u 
 
 16 Full and true accounts shall at all times be kept by 
 the directors of the company of all sums of money received 
 and paid on account of such inland water communication; 
 and -he company shall once in every half year cause a half 
 yearly account in abstract to be prepared, shewing the total 
 receipt and expenditure on account of the said inland water 
 communication lor I'lc half year ending the thirtieth day ot 
 June and the thirty-first day of December respectively, 
 under distinct heads of receipt and expenditure, with a 
 statement of the balance of such account, duly audited and 
 certified under the hands of two or more of the directors ol 
 the Company, and shall send a copy of such account to the 
 Provincial Secretary, on or>^fore the last days of Augnst 
 and Feb nary respectively ; and it shall be lawful lor the 
 governor, ::i council, if they shall think fit, at all times, to 
 appoint any proper person or parsons to inspect the accounts 
 and books of the company ; and it shall be lawful for any 
 person so authorised, at all reasonable times, upon produc- 
 ing his authority, to examine the books, accounts, vouchers, 
 und other documents of the company, at its principal office 
 or place of business, and to take copies or extracts therefrom. 
 
 17 No tolls shall be charged for the conveyance ot Her 
 Majesty's mails or of troops, or of troops and munitions of 
 war over the inland water communication established t)y 
 this act. 
 
BYE-LAWS 
 
 t;F THE 
 
 INLAND NAVIGATION COMPANY. 
 
 1. There shall be an Annual General Meethig of the Annual General^ 
 Stockholders, in each and every year, of which meeting at Sesdayin 
 least ten days' notice shall be given in two or more of the Apni. 
 public Newspapers published in Halifax, and which meeting 
 shall be held on the first Wednesday of April in every year 
 after the present year, at such time and place as the Presi- 
 dent and Directors shall appoint, with power of adjournment Eiectionofoacer. 
 from time lo time— v/hen the President, Directors, Engineer- 
 in-Chief, and the other officers of the Company shall be 
 elected by ballot, every Proprietor or Stockholder being 
 entitled to vote on all questions according to the number of 
 Shares which he or she may possess in the Company, in 
 manner following, that is to say : The owner of one Share Numb^of vote, 
 shall be entitled to one vote ; the owner of five Shares to ^^^^ g^^^hoWers 
 two votes; and the owner of every additional five Shares restricted to Ave. 
 to one vote for every such additional five shares. Pro- 
 vided however, that no Sliareholder shall be entitled to 
 more 'than five votes, notwithstanding such Shareholder 
 may hold more than twenty Shares in the Company. 
 
 2 Each Shareholder may vote in person, or by Proxy, 
 being a Shareholder entitled to vote, and duly constitued in "°'^- 
 writing No person shall hold more than three Proxies for 
 Shareholders resident i;i the Province. But any Sharehold- 
 pr piititled to vote may hold three or more Proxies for Share- 
 holders non-resident or absent from the Province. And all 't^^ZlTnl 
 such Shareholders, non-resident or absent from the Province, p-ieyor^KeBi. 
 mav at the first meeting of the Company be entitled to vote for Non-reswems 
 by his or her authorised or acknowledged Attorney . Agent, 
 bein<^ a Shareholder in the Company entitled to vote. 
 
 3.° The aftairs of the Company shall be managed by "^^ c''^^p»"y^''^j^*J|l^^« 
 President and Directors. aged. 
 
 A Thp President shall have power to execute all aocn- 
 ments on behalf of the Company,'vnd shall direct the calling --— 
 of all meetings of the President and Dhect..rs or Sharchoders, 
 
 and preside thereat, and shall draw all orders or checks ior 
 money which shall be countersigned by the Secretary. 
 
M<'i*ltMK'< A(M 1)11- 
 
 t* 
 
 Knf\nrtr-\t\-CUW( 
 — Ilutirt, in: 
 
 ,«MT«t«rj'i l)atli"». 
 
 ■ 
 
 8 
 
 5. TliP President and Directors of tlie Company sliall 
 tk« nf.n!NlniT,"f meet as often as tlie business of the Company rccinires, and 
 ifcr^t r.. sliall have power to appoint all necessary Oliiccrs or Servants 
 not provided for by the Act of Incorporation or these Bye 
 Laws, and may allow them such compensation for their 
 services as they the President and Directors may think 
 proper, subject to tlic approval of the ^Shareholders at any 
 (jJcncral or Special Meeting; and the President and Directors 
 shall have full power and authority to make, do and trans- 
 act all acts, deeds, njatters and things necessary and expedi- 
 ent in aTid about the carrying out the terms of the ac*. of 
 Incorporation, and the construction of the Inland Water 
 Communication thereby contemplated, and the keeping the 
 same at all times navigable and ni operation. 
 
 G. 'Pile Eiigineer-in-Chiet shall act under the direction 
 and control of the President and Directors, and shall receive 
 such compensation for his services as they may think proper, 
 subject as aforesaid to the approval of the Shareholders. 
 
 7. Tug Secretary shall attend all Meetings of the Directors, 
 keep a record of the proceedings of the Company, issue 
 summonses for all meetmgs either of the Direc'.ors or of the 
 Company, keep a true account of all monies paid to or for 
 the Company, keep a book for the Registration of Share- 
 holders and the ntunber of Shares held by each, with the 
 respective numbers of such shares, every sliare being numer- 
 ically distinguished, and shall perform all duties usual to 
 ihe ofhce, under the direction of the President and Directors ; 
 and shall also act as Treasurer, and shall give Bond with 
 two Sureties each in tlie sum of Five Hundred Pounds for 
 the faithful discharge of the duties of the office, and the due 
 accounting for all monies that may come into his hands oi 
 those ot his substitute. And the President and Directors 
 shall allow for such services such compensation as they may 
 think proper, subject as aforesaid to the approval of the 
 Shareholders. 
 
 8. It shall not be competent for the Shareholders at any 
 To ronstitiite quo- General or Special Meeting of the Company to transact 
 
 <"J«i~%nre.H't'. business of any kind, unless there be present at least twenty 
 Shareholders representing in their own right or by Proxy at 
 least Two Hundred Shares. 
 
 9. Besides the Annual General Meeting of the Company, 
 it shaU be competent for the President and Directors at any 
 time either of their own accord or r.pon a requisition signed 
 by at least twenty of the Shareholders, upon giving ion days' 
 notice in two or more of the public Newspapers in Halifax, 
 or by notice in writing to be served upon the Shareholders, 
 to call a special General Meeting of the Company, specifying 
 the purpose for which it is called, and at which it shall not 
 be competent to transact any other business than that for 
 which they shall be specially summoned; and the votes 
 shall be taken as in the case of the Annual General Meeting. 
 
 Trcanurer iind 
 Kive lioiiil. 
 
 be represented. 
 
 SpcciAl Jitetliiga 
 how culled. 
 
 Confined to Special 
 Butinesi. 
 
•> 
 
 CkIIii Air liiiUI 
 
 III (■»>« nf ilrfniill 
 liiU'rrHt iiihI fr 
 IK'r I'l'iil. to bo 
 
 ' SUx'k ctrtifliiit*. 
 
 ll». Tlie several persons wIivT are at prcse»U Sliareliolders 
 ill the Compnny, or who ."Imll licrenftcr subscribe lor Stock 
 in tlic same, shall be liable to ptiy up all and eve v such 
 Ins.ahnent or Instalmenta as they may be called upon from 
 time to time by the President and Directors, who c rn hereby 
 authorized if the same bo not paid at iho time mentioned in 
 such call, to charge interest thereon from the lime of snch 
 .-all until paid: and every Shareholder so neglecting to pay 
 such Instalment shall be "liable to pay such interest as also 
 live per cent, upon the amount of such Instalment, and in 
 default of such payment the President and Directors shall 
 have power to sue for the recovery of the same ;— or at their 
 option after thirty days' notice to that offect given by the 
 Secretary to the party or parties in default the President 
 and Directors may declare the share or shares held by such 
 party or parties respectively forfeited, and may sell and 
 transfer the same. 
 
 11. After the re^'"^f»'ation of such share or shares as 
 aforesaid, a Certifies ) be approved by the President and 
 Directors under the .- , of the Company and signed by the 
 President and Secretary, shall be delivered to every proprie- 
 tor or stocUhoHer, specifying the share or shares to which 
 he or she is en;itl' ! in the Company, and such registry of 
 the certificate of a share or shares shall be evidence of the 
 property or ownership thereof. 
 
 12. No transfer of any share or shares shall be \W 
 unless the same be approved of by the P'-esident c.i.j Direc- 
 tors. And in all cases the share or shares of every Stock- 
 holder shall be liable to the Company for all debts in any- 
 wise incurred by such stockholder to the Company, and all 
 transfers shall be entered and subscribed by the parties in 
 
 the Company's books. ^ . ^ Bo„k« &c 
 
 13. The books, accounts and papers of the Company „peAat« 
 shall be open at all limes to the inspection of ihe President ""'"•"'•' 
 Olid Directors ; and the Secretary shall furnish an account 
 of the affairs of the Company whenever required by the 
 President and Director.^ so to do. • 
 
 14. The President and Directors shall have power at 
 anv time, when in their ii;dgment it is for the interest of the President ami di. 
 
 J ' »« •• J c , — s, rectors /nftv w» 
 
 Company, to remove and discharge iheLngineer or Secretary, 
 and to appoint other persons in their room till a Special 
 Meeting shall be convened. 
 
 lii No divif-^nd shall be declared or made except at tlieNo .iivuend at 
 Annual General Meeting of the Shareholders, which shall '''"«>««'''• 
 be declared upon the recommendation of the President and 
 Directors, and when concurred in by a majority of Share- 
 holders present. And in no case shall there at any time be 
 a dividend declared of any part of the Capital Stock of the 
 
 Company. ^. , ,, 
 
 16. Hereafter when any Director or Directors shall 
 
 • J Tmnifer it Shi»r«« 
 ^ •tila not Valid tiDttf 
 approved by 
 President aud 
 Directors, Hliaroii 
 to \ye liable I'or 
 Stocklioklem' 
 debtH tu tha 
 Company. 
 
 to be 
 all time* 
 io PreaidCDt and 
 Directors, and 
 Secretary to fur- 
 nish account of 
 alTairs wlienever 
 required. 
 
 more EnKlneer 
 or Secretary. 
 
 ciarcd except at 
 Annual General 
 Meeting, and 
 none declared of 
 any part of C»- 
 piUl S^ock. 
 
 decline 
 
 serving; 
 
 after being duly elected at ai»y Annual 
 
w 
 
 (jiciieral Meeting, sucli mecling shall inunediuioly proceed t<> 
 
 Directors tMto^ ^^^^^ ballot ill tliG placc oi' sucli Director or Directors so 
 
 J ♦« ti.k 1 ... .,1 It .1/^* --111 ._'__. -^*i._ 
 
 (leclininK ' 
 now ones to 
 balljtted fur. 
 
 ^''" declitiiiig; or if necessary a Special General Meeting of the 
 Company shall he called for the purpose of electing such 
 now Director or Directors. 
 Q.niifiration of |7_ jy^ Shareholder shall be qualified to he the President, 
 
 I'resiili'nt ami of __, . . i i i i i . » i ■ .1, „ 
 
 the Di lors. or a Dircctor. unless he holds at least ten shares m the 
 
 Company. 
 
 Ko oueration in 1^' ^o Altcratlou sliallou auy accouut he made in or 
 
 ijye i',ii,v3, >v. ;it1iliiioii to these Ijye-lyaws, except at an Annual or Special 
 
 o7si."cJun';''u'- (;!eneral Meetinix, in the notice for which Sj)ecial Meeting 
 
 raiMeciins ir.,- f|,g iiitoutiou to niiikfi sucIi altcratious shull be stated,, and 
 
 which alteration or additions shall he sanctioned hy at least 
 
 two-thirds of tlfG votes legally given at such Meeting. 
 
 posely calleO 
 t!i'>r.'f"r 
 
 At a meeting of the Company held at the Merchant's 
 Exchange, on the Evening of the 24th day of January, 
 1854, it was 
 
 Resolved, that the foregoing Rules and Regulations in 
 their present shape, he adopted as the Bye-Laws of the 
 Inland Navigation Company. 
 
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