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Les diagrammes suivants illustrent la mithode. ta ure, ] 1 2 3 1 2 3 4 6 e CHARTER OF THE Brockville and New York Bridge Company. , ■' ^ to rail san m( pa) paj in; in ooi e, ^c«■ and New York Bridge Company," and the said company shall have full power and authority to purchase, acquire '*°^u'',*^,"''j take and hold such lands, lands covered with water, beaches |<"" ^V'^se and ' ' brand I railway. and other property as may be necessary for the purpose of constructing the said bridge or for the convenient approaches to the same, and also for the construction of such branch railway, not exceeding four milee in length, as may be neces- sary to make connections or to approach the said bridge. 2. " T/ie Consolidated Rnitivay Act, 1870" and its amend- Railway Act to 1*11 "PP'-'*' *"^^'''^'- ments in so far as it and they are applicable to the said com.ca pany, are hereby incorporated with this Act, and shall form part thereof and be construed therewith as forming one Act. 3. The company hei-eby incorporated may construct, uaiiwav nridife , , ., . • . 10 over St. Uw- mamtam, work and manage a railway bridge across the St. rente river. Lawrence river for railway purposes, from some point at or in the vicinity of the town of Brockville or township of V EHzabethown, in the county of Leeds and Province of On- tario, towards the village of Morristown or other point near thereto in St. Lawrence county, in the State of New York, one of the United States of America. Power to work tratng over bridge. Provisional directors and powers. Stock bo.iks. Plana an. The said provisional directors may allocate and appor- mtnt of stock. . , , , .. , , . ., , tion the stock subscribed amongst the subscribers as they deem most advantageous and conducive to the furtherance of the undertaking. cauitai stock 7, The Capital stock of the said company shall be two and Hharea. » ' ■' million dollars, divided into twenty thousand shares of one hundred dollars each. First general H. So soon as two hundred thousand dollars of the said nieetiiitj: for elec- tion of directors, capital StOck has been subscribed as aforesaid and ten per cent, paid thereon and deposited in one or more of the chartered banks of Canada for the purpo.ses of the company (which deposit and any other deposit paid on .shares sub- scribed for in the stock of the said company shall not be withdrawn from .such bank or banks or otherwise applied ex- ccpt for the purposes of such railway bridge or upon the dis- solution of the company from any cause whatever), the pro- visional directors shall call a meeting of the shareholders of the said company at such time and place as they think proper, giving at least two weeks' notice in a newspaper published in Notice. the town of Brockville — at which meeting the shareholders qu^jn^Xn of may elect not less than seven, nor more than fifteen directors, "''"*<'**"*• who, as well as all directors hereafter elected, shall have the ' qualification following, namely, ten shares in the stock of the said company on which all calls have been paid up ; and such directors shall hold office until the next annual meeting of the shareholders as hereinafter provided. 9. The annual general meeting of the shareholders for Annual general ... /• 1 • 11 meeting and the election of directors and other general purpo.ses shall beeieption. held at Brockville or elsewhere in Canada, as may be ap- pointed by by-law, on the first Wednesday in the month of June in each year and two weeks' previous notice thereof shall be given by publication as provided in the next pre- ceding section. 10. No call to be made at any one time upon the said caiu on stock ' * and limited capital stock shall exceed ten per centum on the subscribed "ni'ii't.v capital, and no stockholder shall be liable for the debts or obligations of the company beyond the amount unpaid on any stock held by him. 11. The directors of the said company, after the sanction issue of bonds 1 ■ 1 • t °'' debenture of the .shareholders has been first obtained at any special stock, with sane. ' tlon of share- general meeting, tw be called from time to time for .such pur-houiern. pose — at which meeting shareholders repre.senting at least two-thirds, in value, of the stock of the company, are pre- sent in person or represented by proxy — may issue bonds or debenture stock for the purpose of raising money for prose- cuting the said undertaking; and such bonds and .scrip for debenture stock shall be made and signed by the president or vice-president of the company, and countersigned by the secretary and treasurer, and under the seal of the said com- pany ; and such bonds or debenture stock shall, ^vithout ^1^^'*''^,^'^*^^^^^ registration or formal conveyance, be taken and considered to be the first and preferential claims and charges upon the undertaking and the real propertj' of the company, and upon Voting power of ■hareholders in default of pay- ment. Proviso : tat registration . the franchises of the company ; and each holder of the said bonds or debenture stock shall be deemed to be a mortgagee and encumbrancer pro rata with all other holders thereof upon the undertaking and the property of the company as aforesaid. 2. In the event, at any time, of the interest upon the said bonds or debenture stock remaining unpaid and owing, then at the next ensuing general annual meeting of the said Com- pany all holders of bonds or debenture stock shall have the same rights and privileges and qualification for beinpj elected directors and for voting as shareholders have, provided that the bonds have been first registered, or the debenture stock and any transfers th'^reof shall have been registered in the same manner as is provided for the registration of shares ; and it shall be the duty of the secretary of the Company to register the same, on being required to do so by any holder thereof, notwithstanding any such bonds or debenture stock may have been already registered by a former holder thereof Transfer of 12. Any such bonds, and the coupons thereof, may be DondHanacou- ' ' x j !»•>»• made payable to bearer, and transferable by delivery. Power to mort- gage l)0Ild8. 13. The said company hereby incorporated may, from time to time, for advances of money to be made thereon, mortgage or pledge any bonds or debenture stock which they may, under the powers hereby granted, issue, for the con- struction of its works or otherwise. Company may 14. jhc said Company may become party to promissory promissory notes notes and bills of exchange, for sums not less than one hun- dred dollars ; and any such note or bill made, drawn, accept- ed, or endorsed by the president or vice-president of the Company, and countersigned by the secretary, shall be bind- ing on the said Company ; and every such promissory note or bill of exchange so made, drawn, accepted or indorsed, shall be presumed to have been made, drawn, accepted or en- dorsed with proper authority, until the contrary be shown ; and in no ca.se shall it be necessary to have the seal of the Company affixed to such promissory note or bill of exchange, nor shall the president, or vice-president, or .secretary, be individually responsible for the same, unless the said promis- as sory note or bill of exchange has been issued without proper authority; Provided however, that nothing in this section p«» 'so: Not be shall be construed to authorize the said Company to is.eue^"""* ° any note or bill payable to bearer, or intended to be circulated as money, or as the note or bill of a bank. 15. Any debenture stock authorized by this Act, which Retrisur of from time to time is created, shall be entered by the Com- ''""""""""'*^''" pany in a register to be kept for that purpose at their head office, wherein they shall enter the names and addresses of the several persons and corporations from time to time enti- tled to any of such debenture stock, with the respective amounts of the stock to which they are respectively entitled ; and the said Company may also open registers for the same purpose, or for the register and transfer of any or all of their stocks and other securities in any other country. Ifi. The said Company shall deliver to every holder a certmcate* of certificate stating the amount of debenture stock held by '''''""*"'''"'*'^'' him, and all regulations and provisions for the time being applicable to certificates of ordinary shares of the capital of the Company, and transfer of such shares shall apply, mutatis mutandis, to certificates and transfers of the debenture stock, subject to the provisions of this Act ; but the Company shall not be bound to accept any such transfer, nor shall any .such transfer be effectual, unless and until the scrip or certificate before is.sued for the debenture stock proposed to be trans- ferred, be delivered up to be cancelled, or such delivery and and cancellation dispensed with by the Company, and a new certificate or certificates i.ssued in lieu thereof 17. The directors may, from time to u'me, make such Regulations as regulations as they may thfnk fit for facilitating the transfer shares!*?' and registration of shares of the capital stock and debenture stock, and the forms in respect thereof, a-5 well in Canada as elsewhere, and as to the clo.sing of the registers and transfer books for the purpose of dividends, as they may find expedi- ent ; and all such regulations, not being inconsistent with this Act, and with " The Consolidated Raikvay Act, i8yg" and ^-^ v.,<.9. its amendments, shall be valid and binding. 18. The said Company shall have power to collect and •'<»»«'■*<' <'°"ect receive all charges subject to which goods or commodities ^°«''''- Form of convey anoe of land to Company. may come into their possession, and on payment of such back charges and without any formal transfer, shall have the same lien for the amount thereof upon such goods or commodities as the person to whom such charges were originally due had upon such goods or commodities while in his possession, and shall be subrogated by such payment in all the rights and remedies of such person for such charges. 19, Conveyances of land to the said Company for the purposes of and under the powers given by this Act, may be made in the form set forth in the schedule to this Act, or to the like effect. Powers respect- 20. Sections eight, nine, fourteen, fifteen, seventeen, inK teleifraph . and telephone eighteen and nineteen of chapter sixty-seven of the Consoli- dated Statutes of the late Province of Canada shall apply to the telegraph lines constructed by the Company. A|f reenients as to maintenance of roads 21. It shall be lawful for the said Company to enter into and perform any such agreements as they may, from time to time, deem expedient, with any municipality, corporation or person, for the constructirn or for the maintenance and repair of gravel or other pubh: roads leading to the said bridge. Paid up stock may be ixsiied 22. The said Company may pay in paid-up stock or in for serv ices, dijc. jj^g bonds of the Said Company, such sums as they deem expedient to engineers or Contractors, or for right of way, or material, or plant, or rolling stock, buildings or lands ; and also, subject to the sanction of a vote of the share- holders, for the .services of the promoters or other persons who may be employed by the directors for the purpose of as- sisting ihe directors in the furtherance of the undertaking^ or purchase of the right of way or material, plant or rolling stock ; and any agreement so made shall be binding on the Company. C' attracts may be entered into. Payment in stock. 23. It shall be lawful for the directors to enter into a contract or contracts with any individual or association of individuals for the construction or equipment of the works or any portion thereof including or excluding the purchase of the right of way, and to pay therefor, either in the whole or in part, either in ca.sh or bonds or in paid-up stock ; but no such contract shall be of anv force or validity till approved of by two-thirds of the shareholders present in person or represented by proxy, at a meeting specially convened for considering the same. 24. The said Company shall not commence the said •'■'»•"' '<>''« »«•'• ... , ' mit'ed to the bridge, or any work thereto appertaining, until the Company Jlo*^"^"*"' '" have submitted to the Governor in Council plans c.f .such bridge and all the intended works thereto appertaining, nor until such plans and the site of such bridge have been ap- proved by the Governor in Council and such conditions as he thinks fit, for the public good, to impose, touching the said bridge and works, have been complied with; nor shall any Nodeviation such plan be altered or any deviation therefrom allowed ex-*oi..°" ''*""'■ cept by the permission of the Governor in Council and upon such conditions as he imposes : Provided always, that the said bridge shall be constructed so as not to matei ally ob- Navigation not struct the navigation of the St. Lawrece river; and the use*" '""""'*'^"*'^" of the said bridge shall be subject to such regulations as from time to time, are approved of by the Governor inconsonttobe C-i M • 1 1 1 I ^ , obtolned for ouncil: Provided also, that before commencing the works ta^i'iK any /■ , 1 • I L • 1 I • . - Crawri property. Of the said bridge or taking possession of any part of the beach or land covered with water or islands or other property of the Crown, the Company shall obtain the consent of the Governor in Council who may impose such terms and con- ditions as he thinks proper before granting permission to commence the works or take possession of any property of the Crown as aforesaid : Provided also, that the navigation ofi'roMno. the river shall not be unnecessarily obstructed by such works. -5. From sundown to sunrise during the season of naviga- tion suitable lights shall be maintained upon the said bridge Ughts durinif , • 1 , , . , ..... construction ami to guide ves.sels approaching the said bridge ; and it shall be after completion -u J 1. r 1 •!/-■• ... <•' works. tne duty ot the said Company during the construction of the said bridge to put up and maintain in the night time during the sea.son of navigation a good and sufficient light at each end of any cofferdam or pier which is erected by the .said Company. 26. It shall be lawful for the Company to enter into any ^fjlJf^Xr'con,. agreement with any railway or railroad company or com- ^^'iJn'it'^^glStes panies in the Dominion of Canada or in the United States of?,HdIr" 8 America, for leasing the said bridge or the use thereof, at any time or times, or for any period, to such railway or railroad company or companies ; or for leasing or hiring from such company or companies any railway or railroad, or part there- of, or the use thereof, or for the leasing or hiring of any loco- motives, tenders or movable property, and generally to make any agreement or agreements with any such company or such companies, touching the use by one or the other or others, of the bridge or railway or railways or railroad or railroads, or movable property of either or any of them, or any part thereof, or touching any service to be rendered by the one company to the other or others, and the compensation therefor ; and any such railway or railroad company or companies may agree for the loan of its credit to or may subscribe to and become the owner of the stock of the company hereby created in like manner and with like rights as individuals ; Any such agiw- and any such agreement shall be valid and binding, and shall ment to be valid ^ o t» be enforced by courts of law according to the terms and tenor thereof; and any company accepting and executing such lease shall be and is empowered to exercise all the rights and If approved by privileges by this Act conferred; but none of the above Governor in *^ , ,, , .... , , ,. , ^ Council. powers shall be exercised without the approval of the Gov- ernor in Council. No d^scriinina- 27. When the said railwaj- bridge is completed and ready toll to bo made, for traiific, all trains of al' railways or railroads terminating at or near Brockville, as aforesaid, or in the State of New York at or near some point near Morristown aforesaid, now con- structed or hereafter to be constructed (including the cars of any other railway company, w hich may be brought over such railway), shall have the right to pass over the said bridge at corresponding tariff rates for the persons and property trans- ported, so that no discrimination in tariff rates for such transportation shall be made in favor of or against any rail- way or railroad whose trains or business pass over the said bridge ; and this section shall have full force and effect whether the said bridge is leased to a railway or railroad company or not. HH. In case of any disagreement and as often as the same may arise as to the rights of any railroad or railway whose trains or business pass over the sa'd work hereby authorized ready iting at York > r con- :ar.s of :r such Ige at trans- such rail- said I effect i I road ^ame [hose rized to be constructed, or the tariff rates to be charged in respect thereof, the same shall be determined by arbitrators — one to be appointed by the Company hereby incorporated, or by such other company as is in possession of the said bridge, and another by the company with whom the disagreement shall have arisen, and a third (who shall be some person ex- perienced in railway affairs), by one of the superior courts of the Province of Ontario upon application to such court, due notice thereof having been given to the parties interested ; and the award of the said arbitrators or the majority of them shall be final: Provided, that the terms of the said award j^fX"' *'''""' shall not be binding for a longer term than five years. 20. It shall be lawful for the said Company to unite, AmaiKaimiUon amalgamate and consolidate its stock, property and franchises incorporated ill U S with the stock, property and franchises of any other company incorporated by the laws of the State of New York, one of the United States of America, or by the laws of the said United States, for a similar purpose with the Company hereb\- incorporated, and to enter into all contracts and agreements therewith necessary to such union and amalgamation, if such company is, by the laws of the said State of New York or the said United States, authorized to enter into such amalga- mation or consolidation. 30. Subject to the provisions of this Act. the directors ofpioceedinvrsfor ,,/--. 1 i_ • i 1 1 r i- ainaliftttnatioii the Company hereby uicorporated, and of any corporation proposing to so amalgamate or consolidate as aforesaid, may enter into a joint agreement in duplicate under the corporate seal of each of the said corporations for the amalgamation and consolidation of the said corporations, — prescribing the terms and conditions thereof, the mode of carrying the samcment ma.w'on- into effect, the name of the new corporation, the number and names of the directors and other officers thereof, and who shall be the first directors and other officers thereof, and their places of residence, the number of shares of the capital stock> the amount of par value of each share, and the manner of converting the capital stock of each of the said corporations into that of the new corporation, and how and when and for how long directors and other officers of such new corporation shall be electrd and when elections shall be held, with such other details a?, they deem necessar\- to perfect such new „u'L xo organization and the consolidation and amalgamation of the said corporations and the after management and working Further powera thereof ; and such new corporation shall have power to con- of amalKamatioii ' ^ ^ _ solidate or unite with either or any of the railway companies, having powers of consolidation or union^ whose lines connect with the said bridge, by the same means and to the same ends as the companies in this section before mentioned may be consolidated under this Act ; but no amalgamation or consolidation taking place hereunder shall deprive any rail- way company of the right of use of the said bridge as here- inbefore provided, nor shall such agreement of amalgamation or consolidation be valid until the same has been submitted to and approved of by the Governor in Council : Provided, that before such sanction by the Governor in Council be M«onfor8uch' S^^^^> noticc of the application therefor shall be published in the Canada Gazette, and otherwise as provided in the next following section. Amalgamation not valid with- out consent of Governor in Council, consent. Agreement to be submitted to shareholders. 31. Such agreement .shall be submitted to the stock- holders of each of the said corporations at meetings thereof to be held separately for the purpose of taking the same into consideration ; notice of the time and place of such meetings and the object thereof shall be given by written or printed notices addressed to each of the persons in whose names at the time of giving such notice the capital stock of such cor- porations stands on the books of such corporations, and delivered to such persons respectively, or addressed to them by mail at their last known post office address or place of residence, and also by a general notice inserted in a news- paper published in the Count)' of Leeds, and in one published in St. Lawrence County, in the State of New York, <>cs.g. a week for two successive weeks. Proceedings at 2. At such meetings of stockholders such agreement shall nieetnigs for ° o purpose of con- ^g considered and a vote by ballot taken for the adoption or sidenug it. ^ . ~ rejection of the same — eac i share entitling the holder thereof to one vote ; and the .said oallot shall be cast in person or by proxy ; and if two thirds of the votes of all the stockholders of each such corporation are for the adoption of such agree- ment, then that fact shall be ce* tified upon each of the said duplicates by the secretary of each of .such corporations under II the corporrte seal thereof; and if the said agreement is so Deposit of agree. , . . /- . 1 1 1 1 .ment if adopted. adopted at the respective meetings of the stockholders of each of the said corporations, one of the duplicates of the agreement so adopted and of the said certificates thereon shall be filed in the office of the Secretary of State of Canada, and the other in the office of the Secretary of State of the State of New York ; and the said agreement shall from thence Effect of deposit, be taken and deemed to be the agreement and act of con- solidation and amalgamation of the company and of such other corporation ; and a copy of such agreement so filed and of the certificates thereon, properly certified, shall be evidence of the existence of such new corporation. 32. Upon the making and perfecting of the said agree- New corporation ment and act of consolidation as provided in the next pre- ""•J dutW ceding section and the filing of the said agreement as in the said section provided, the several corporations, parties thereto, shall be deemed and taken to be consolidated and to form one corporation by the name in the said agreement provided, with a common seal, and shall possess all the rights, powers, privileges and franchises, and be subject to all the disabilities and duties, of each of such corporations so consolidated and united except as herein provided. 33. Upon the consummation of such act of consolidation property trans- as aforesaid, all and singular the property, real, personal and coiporation*^ mixed, and all rights and interests appurtenant thereto, all stock subscriptions and other debts due on whatever account and other things in action belonging to such corporations, or either of them, shall be taken and deemed to be transferred to and vested in such new corporation without further act or deed : Provided however, that all rights of creditors and all certain rights 1 . , - . , - , • . 1 1 not Impaired. liens upon the property of either of such corporations shall be unimpaired by such consolidation, and all debts, liabilities and duties of either of the said corporations shall thenceforth attach to the new corporation and be enforced against and performed by it to the same extent as if the said debts, liabilities and duties had been incurred or contracted by it ; As to suits and "' actions by or and provided also, that no action or proceeding, legal or against either . r o' o conipan.v. equitable, by or against the said corporations so consolidated, or either of them, shall abate or be affected by such consoli- la dation ; but for all the purposes of such action or proceeding such corporation may be deemed still to exist, or the new corporation may be substituted in such action or procceeding in the place thereof vStr,Kt ^*' ^^^ Company shall have power to construct as part pawengers. of or in Connection with the said railway bridge, a passage floor or way for horses, carriages and foot passengers ; and they may make the same either during the construction of the said railway bridge or at any time after the completion thereof; but the construction of the works authorized by this section shall not be commenced until the plans of the same have first been submitted to and approved of by the Governor Wereor '*"" '" Council ; and in the event of the Company electing to construct such way or ^ ^ bridge, they may make, amend, repeal, re-enact and enfo.._» all such by-laws, rules and regu- lations as seem to them proper and necessary as to the man- agement, control and use thereof, and as to the tolls and fares to be received and charged for passing over the same. vfj^oftfapp?,. ^^' ^^^ provisions of " 7Vie Consolidated Raikvny Act, astotoii8.&c. /c?7p," and its amendments, with respect to tariffs, rates and fares, shall apply to the said Company, and to the tolls, rates and fares to be charged by them. LunitatioMof 36. The works shall be commenced within three years and completed within six years from the passing of this Act. SCHEDULE. Know all men by these presents that I {or we) [insert the name of vendor or vendors^ in consideration of dollars paid to me (or us) by the Brockville and New York Bridge Company, the receipt whereof is hereby acknowledged, do grant and convey to the said Company, and I {or we) [insert name of any other party or parties^ in consideration of dollars pa.d to me {or us) by the Com- pany, the receipt whereof is hereby acknowledged, do grant and release to the said Company all that certain parcel {or those certain parcels, as the case may be) of land [describe the land\ the same having been selected and laid nut b>- the said »3 Company for the purpc.>e3 of their bridge and the approaches thereto and connections therewith to hold with the appurten- ances unto the said the Brockville and New York Bridge Company, their successors and assigns forever. {Here insert any other clauses, covenants or conditions required.^ And I {or we), the wife {or wives) of the said do hereby bar my {or our) dower in the said lands. As witness my {or our) hand and seal {or hands and seals) this day of , A.D. i8 Signed, sealed and delivered \ in presence of j C. D. E. F. A. H. [L.S] >