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Lea diagrammes sulvants lllustrent la mithode. 1 2 3 1 2 3 4 5 6 wm S ' ^ f m mmmmmmm''ifiii' #*^' ' > THE ^ ,*a MIL¥AY CLAUSES COIfSOIIDATIOIf ^ ^ !.^ .# •• '^; ACTS 1*^: -.^■„ or # A N A D A, 14 &t 16 YldTORUS, OHAFISR 61, AMD 1« YIOTORI^ aHAFTEB 169, ! * ALPHABETICAL AND ANALYTICAL INDEX THERETTO, Bt "*»«. ALEXANDER MOIffilB, U, A., * «' *r ^T; ,*-'* » ,.*)■ ■ * A * 't: «. i> It ' ^ t ' * MONTREAL:-^ PRINTED BT JOHN LOVIiLL. ST. KICHOI^AO STREET. 1868. ^ * * m >/* t '# ■■■»■ ■'/: i: ' I 14 # i-' VI *V ;^. •f^;-:.';rvu^r:^/ (?ka J''/)i'5^r'^>^'uu '^^.t # ^' l"'^, ■' - * -s 'if * • * '*^'*V- *^ ,i- r 14 & 15 Victoria:. ' CAP. U. An Act to consolidate and regulate the General Claufies relating to Railways. [30th Augustf 1^51.] WHEREAS it is expedient to establish a general andprauabte. unifonn system for the construction and management of all Railways hereafter to be undertaken in Canada: Be it therefore enacted by the Queen's Most' Excellent Majesty, by and with the adnoe and comment' of the Legislative Council and of the Legblative Asseitibiy of the Province of Canada, constituted and assembled by virtue of and under the attthority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to r«-unite the Provineet of Upper and Lower Canada^ and for the Government of Canada^ and it is hereby enacted by the authority of the same. That this Act shall apply to every Railway which tui Aot to m. shall by any Act which shall nereafter be passed lie autho-S^ ^ u^hSl rized to be constructed, and this Act shall be incorporated^' oounuet- wiUi such Act ; and all the clauses and provisions of thu Act, save in »> far as they shall be expressly varied or excepted by any such Act, shall apply to the undertaldng authorized thereby, so far as the same shall be applicable to such undertaking, and shall, as well as the clauses and provisions of every other Act which shall be incorporated with such Act, form part of such Act, and be construed together therewith as forming one Act n. And be itenacted. That in citii^ this Act, in any Special ?[^*,V ^^ Rulway Act and in other Acts of Parliament, and in legal instruments, it shidl be sufficient to use the expression, " The Bailvoay Clauses Consolidation Aet.^ m. And be it enacted, That for the purpose of making what ahan u any mcorporation of this Act with Special Acta hereafter gf2°iiSSt to oe passed, it shall be sufficient in any such Acts to enact,ntion of oaT that the Clauses of this Act, with respect to the matter so aouT proposed to be incorporated, describing such matter as it is described in this Act^ in the word or words at the head of and introductory to the enactment with respect to sudi matt^, shall be mcorporated with such Acts, and thereupon all the Clauses and provisions of this Act, with respect 16 i 11 f ^ TVIW? 4 the matter so incorporated shall, save in so far as they shall be expressly varied or excepted by such Acts, form part thereof, and such Acts shall be construed as if the substance of such Clauses and provisions were set forth therein with reference to the matter to which such Acts shall relate. •trult Btdiwa" ^^* "^"^ ^® ^* enacted, That the power given by the Ao!\o be exer ' Special Act to construct the Railway, and to teke lands for pwufoM of thu *^** puroose, shall be exercised subject to the provisions Act. and restrictions contained in this Act, and compensation shall be made to the owners and occupiers of and all other parties interested in any such lands so taken or injuriously imected by the construction of the Railway, for the value and for all damages sustained by reason of such exercise, as regards such lands, of the powers by this or the Special Act, or any Act incorporated therewith, vested in the Company ; and, except where otherwise provided by this Act or the Special Act, the amount of such compensation shall be ascertomed and determined in the manner provided by this Act. (Sections 5 and 6 are repealed by 16 Vic, Cap. 3.) . . :i I- INTERPRETATION. Interpretation of words. "The Act," Vn. And with respect to the construction of this Act, and of any Special Act, and of other Acts to be incorporated therewith, Be it enacted as follows : Special Firstly. The expression " the Special Act," used in this Act, shdl be construed to mean any Act which shall be hereafter passed, authorizing the construction of a Railway and with which this Act shall be so incorporated as afore- •• Prescribed." said ; and the word '' prescribed," used in this Act in reference to any matter herein stated, shall be construed to refer to such matter as the same shall be prescribed or provided for in the Special Act ; and the sentence in which such word shall occur shall be construed as if^ instead of the word " prescribed," the expression " prescribed for that purpose in the Special Act" had been used ; and the expression " the •> The laoda." lauds" shall mean the lands which shall by the Special Act be authorised to be taken or used for the purpose thereof; " The nndertak- and the expression " the undertaking" shall mean the Rail- '*' "' way and works, of whatever description, by the Special Act audiorized to be executed. Secondly. The following words and expressions, both in this and the Special Act, shall have the meanings hereby assigned to them, unless there, be something in the subject or context repugnant to such coztstmctionf that is to say : The word " Lands" shall include all real estate, messuages, lands, tenements and hereditaments of any tenure : ••Lease.'* The word "Lease" shall inqlude any agreement for a Sii«.' ■u " Lands.' ;A -^'.i ']o >.ij.'.(iiY.,.-.r I'.n; '•.n.i The word "TolF shall include any rate or charge or«Tou.'» other payment payable under this Act or the Special Act for any passenger, animal, carriage, goods, merchandize, articles, matters or things conveyed on the Railway : ; , The word "Goods" shall include things of every kind"0°o^" conveyed upon the Railway, or upon Steam or other vessels connected^ tnerewith : The expression "Superior Courts" shall mean the Courts "8up«rior of Chancery, Qt'oen's Bench and Common Pleas in Upper *'°'*'"-" Canada, and the Superior Court in Lower Canada, as the case may be : The word " County" shall include any union of Counties, «« county." County Riding, or like division of a County in the Province or any division thereof into separate Municipalities in Lower Canada : The word " Highways" shall mean all public roads, streets, •• Highways." lanes, and other public ways and communications : The word " Sheriff" shall include Under Sheriff, or other -sheriff." legal competent Deputy ; and where any matter in relation to any lands is requued to be done by any Sheriff or Clerk of the Peace, tbe expression " t^e Sheriff," or the expression "Clerk of the Peace," shall in such case be construed to « clerk of the mean the Sheriff or Clerk of the Peace of the District,^""*" County, Riding, Division, or place where such lands shall be situate ; and if the lands in question, being the property of one and the same party, be situate not wbolfy in one District, County, Riding, Division, or place, the same expression shall be construed to mean the Sheriff or Clerk of the Peace of any sucb District, Oounty, Riding, Division, or place where any part of sucb lands snail be situate : The word "Justice" shall mean Justice of the Peace *' Juttice." acting for the District, County, Riding, Division, City or place where the matter requiring the cognizance of any such Justice shall arise, and who shall not be interested in the matter ; and where such matter shall arise in respect of lands being the property of one and the same party, situate not -vmolly m any one District, County, Riding, Division, City or raace, shall mean a Justice acting for the District, County, Biding, Division, City, or place where any part of such lands shall be situate, and who shall not be interested in such matter ; and where any matter shall bo authorized or required to be done by two Justices, the expression " two Justices" shall be understood to mean two "Two justices/ Justices assembled and acting together : Where, under the provisions of this Act or the Special Act, any notice shall be required to be ^ven to the owner , of any lands, or where any Act shall be authorized or required to be done with the consent of any such owner, the word " owner" shall be understood to mean any Corpo- •< owner." I': ' ■ !■' ration or person wbo, und«r the provisions of tliis Act, or the Special Act, or any Act incorporated therewith, would be enabled to sell and convey lands to the Company : The expression " the Company" shall mean the Company or party which shall be authorized by the Special Act to construct the Railway. • The luumy." Tho expression " the Railway" shall mean the Railway and works by the Special Act authorized to bo constructed. The word " Clause" shall mean any separate section of this Act, or any other Act therein referred to, distinguished by a separate number : The word " Shareholder" shall mean every subscriber to or holder of stock in the undertaking, and shall extend to and include the personal representatives of the Shareholder. Thirdly. The Interpretation Act of this Province shall, in so far as the provisions thereof shall apply hereto, be deemed to form part hereof in the particulars not provided herein. , , **Th« Com* "OlMM." "Bhanbolder." Interpretation Act to apply. INCORPORATION. Companiea es- VHI. And be it enacted, That every Company established specid Acto"de' under any Special Act shall be and is hereby declared to be taI"****''t'*aM* ^^y corporate under such name as shall be declared in eorpwa e, .^^ Special Act, and si all be and is hereby invested with all the powers, privileges and immunities which are or may be necessary to carry into effect the intentions and obj cto of this Act and of the Special Act therefor, and which are incident to such Corporation, as are expressed or included in the Interpretation Act of this Province.* POWERS. M rowers : IX. And be it enacted, That the Company shall have power and authority : Torecetregrants Firstly. To rcceivc, hold and take all voluntary grants ofUBd,&c.; |jji(j donations of land or other property which shall * By 12 Victoria, Chapter 10, Section b, it Is enacted. That, Twenty-fourthly^ Words making any association or number of persons or body politic and corporate, ■hall be construed to vest in such Corporation, power to sue and be sued, contract and be cont<-acted with, by their corporate name, to have a common seal, and to alter and change the same at their pleasure, and to have perpetual succession and power to acquire and hold pergonal jj^operty or moveables for the purposes for trtiicn the corporation is constituted, and to alienate the same at pleasure ; anct also to Test in any majority of the members of the Corporation, the power to bind tbe others by their acts ; and also to exempt the individual members of the Corpo- ration from personal liability for its debts or obligations or acts, provided they do not contravene the provisions of the Act incorporating them ; but it shall not be lawful for any Corporation to carry on the business of bankitig, unless when such power ehall be expressly conferred on them by tho Act creating such Corporation.. (Jntarpretatian ^c^.) t be made to it, to ttld in the construction, maintenance And accommodation of the Railway, but which shall be held and used for the purpose of such grants or donations only. Secondly. To purchase, hold and take of any Corpora- PorohaM tend: tion or person any land or other property necessary for the construction, maintenance, accommodation and use (^ the Railway, and also to alienate, sell or dispose of the same. Thirdly. To take, use, occupy and hold, but not to alien- owopy bwehM; ate except by way of lease, so much of the public beach or of the land coveied with the waters of any river or lake in this Province as may be required for the Railway, doing no damage to, nor causing any obstruction in the navigation of the said rivers or lakes, provided that the lease shall be con- ditioned not to extend beyond the time during which such beach or land is required for the Railway. Fourthly. To make, carry or place the Railway across or cury saiiwaj upon the lands of any Corporation or person whomsoever on Q^^Jg^'^J^ the line of the Railway, or within the distance from such line as may be stated in the Special Act, although the name of such party be not entered in the Book of Reference here- inafter mentioned through error or any other cause, or although some other party be erroneously mentioned as the owner of or entitled to convey, or be interested in such lands. Fifthly. To construct, maintain and work the Railway ^bA w oiiiw across, along, or upon any stream of water, water course, canals ft2?f '*'*'°* highway, or railway which it shall intersect or touch ; but the stream, water course, highway, canal or railway so interseo* ted or touched, shall be restored by the Company to its for- mer state, or to such state as not to have impaired its useful- ness. Sixthly. To make, complete, alter, and keep in repair the coapM* Bau- Railway with one or more sets of rails or tracks to be worked SSr«tou>£fte' by the force and power of steam or of the atmosphere, or of animals, or by mechanical po^er, or by uiy combi- nation of them. ,_^ ,, Seventhly. To erect and maintain all necessary and eon- Erect naeMnrir venient buildings, stations, depots, wharves and fixtures, from ^""^^ ^^^' time to time to alter, repair or enlarge the same, and to pur- chase and acquire stationary or locomotive engines and car- riages, waggons, floats and other machinery and con- trivances necessary for the accommodation and use of the passengers, freights and business cf the Railway. Mghthly. To make branch Railways, if required and pro- Branch Kau. vided by the Special Act, and to manage the same, and for^^y'' that purpose to exercise and possess all the powers, privileges and authorities necessary therefor, in as full and ample a manner as for the Railway. Ninthly. To construct, erect and make all other matters AUothermatten and things which shall be necessary and convenient for the'°* **''"*■ °** II ■ t CoiiTtj penoM and gooda on Bcilway; Borrow Ac; money, eeuwy for B«u. making, extending and using of the Railway, in pursuance way : of and according to the meaning and intent of this Act, and of the Special Act Tenihly. To take, tranB]f/ort, carry and convey persons and goods on the Railway, to regulate the time and manner in which the same shall be transported, and the tolls and com- pensation to be paid therefor, and to receive such tolls and compensation. mevmthly. To borrow from time to time, either in this Province or elsewhere, such sums of money as may be expe- dient for completing, maintaining and working the Railway, and at a rate of interest not exceeding eight per cent, per annum, and to make the Bonds, Debentures or other securi- ties granted for the sums so borrowed, payable either in cur- rency or in sterling, and at such place or places within this Province or without as may be deemed advisable, and to sell ^, the same at such prices or discount as may be deemed expe- dient, or as shall be necessary, and to hypothecate, laoti&atd or pledge the lands, tolls, revenues and other property of the Company for the due payment of the said sums and the in- terest thereon, but no such debenture shall 1k> for a less sum than Twenty-five Pounds. Enur upon Hor Tvielfthly. To enter into and upon any lands of Her M^iett/a Land!, Majesty without prcvious license therefor, or of any Corpo- " ration or person whatsoever lying in the intended route or line of the Railway. Make inrreya of Thirteenthly. TO make surveys, examinations, or other 1^^ • necessary arangements on such knds necessary for fixing the site of the Railway, and to set out and ascertain such parts of the lands as shall be necessary and proper for the Railway. Bemore traea ; Fourtemthly. To fell or remove any trees standing in any woods, lands or forests, where the Railway shall pass, to the distance of six rods from either side thereof. Fifteenthly, To cross, intersect, join and unite the Railway . with any other Railway, at any point on its route, and upou *^ the lands of such other Railway with the necessary oonvemen- ces for the purposes of such connection; and the ovmers of both Railways may unite in forming such intersection, and grant the facilities therefor ; and in case of disagreement upon the amount of compensation to be made therefor, or upon the point or manner of such crossing and connection, the same shall be determined by Arbitrators to be appointed by a Judge of the Superior Courts in Lower Canada or Upper Canada, as the case may be. Unite with other Railwaja. PLANS AND SURVEYS. X And be it enacted, That Plans and Surveys shall be made and corrected as follows : Fintly. Surveys and levels shall be taken and made of 'ov'rion rw. the lands through which the Railway is to pass, together and^ievau!"^*'' with a Map or Plan thereof, and of its course and direction, and of the lands intended to be passed over and taken there- for, so far as then ascertained, and also a Book of Reference for the Railway, in which shall be set forth a general description of the said lands, the names of the owners and occupiers thereof, so far as they can be ascertained, and every tning necessary for the right understanding of such Map or Plan ; and the Map or Plan and Book of Reference shall be exam- ined and certified by the person performing the duties for- merly assigned to the Surveyor General or his Deputies, who shall deposit copies thereof m the 0£Sce of the Clerks of the Peace in the Districts or Counties through which the Rail- way shall pass, and also in the OflScc of the Secretary of the Province, and shall also deliver one copy thereof to the said Company ; and all persons shall have liberty to resort to such copies, and to make extracts or copies thereof, as occa- sion shall require, paying to the said Secretary of the Pro- vince, or to tne said Clerks of the Peace, at the rate of Six- pence for every hundred words ; and the said triplicates of the said Map or Plan and Book of Reference so certified, or a true copy thereof certified by the Secretar) of the Province or by the Clerks of the Peace, shall be, and is and are here- by declared to be good evidence in any Court of Law and elsewhere. Secondly. Any omission, mistatement or erroneous des-omimions how cription of such lands, or of such owners or occupiers there- """^•^ of, in any Map or Plan or Book of Reference, may be cor- rected by two Justices on application made to them, after giving ten days' notice to the owners of such lands, for the correction thereof, and the Justices shall certify the same accordingly if it shall appear to them that such omission, mistatement or erroneous description arose from mistake ; and the Certificate shall state the particulars of any such omissiou and the manner thereof, and shall be deposited with the said Clerks of the Peace of the Districts or Counties respectively in which such lands shall be situate, and be kept by them respectively along with the other documents to which they relate ; and thereupon, such Map or Plan or Book of Refer- ence shall be deemed to be corrected according to such Cer- tificate ; and it shall be lawful for the Company to make the Railway in accordance with such Certificate. 10 I « } proceeded with until Map, &c. depogited. Clerks of the Atterfttionsflrom Thirdly. If any alterations from the original Plan or Sur- oriffiuiittrvey. ^^^ ^ intended to be made in the line or course of the Rail- way, a Plan and So'^tion in triplicate of such alterations as shall have been approved of by Parliament, on the same scale and containing the same particulars as the original Plan and Survey, shall be deposited in the same manner as the original plan, and copies or extracts of such Plan and Section as shall relate to the several Districts, or Counties in or through which such alterations shall have been autho- rized to be made, shall be deposited with the Clerks of such several Districts and Counties. Railway not to be Fourthly. Until such original Map or Plan and Book of Reference, or the Plans and Sections of the alterationij, shall have been deposited as aforesaid, the execution of the Rail- wa]r, or of the part thereor affected by the alter^ions, as the case may be, shall not be proceeded with. Fifthly. The Clerks of the Peace shall receive and retain copfe* ofori^!!^*^^ copies of the original Plans and Surveys, and copies of plan, &c. the Plans and Sections of alterations, and copies and ex- tracts thereof respectively, and shall permit all persons inte- rested to inspect any of the documents aforesaid, and to make copies and extracts of and from the same, under a penalty for default of One Pound Currency. " Copies certified Sixthly. The copies of the Maps, Plans, and Books of ^d^efWence L ^^'^''®'^*'®» **' *^' ^^J alteration or correction thereof, or Courts. extracts therefrom, certified by any such Clerk of the Peace, which Certificate such Clerk of the Peace shall give to all parties interested when required, shall be received in all Courts of Justice or elsewhere as good evidence of the con- tents thereof. Line not to dev- Seventhly. No deviation of more than one mile from the inUe™°" * line of the Railway or from the places assigned thereto, in the said Map or Plan and Book of Reference or Plans or Sections shall be made, nor into, through, across, under or ever any part of the lands not shewn in such Map or Plan and Book of Reference, or plans or Sections, or within one mile of the said line and place, e^ve in such instances as are provided for in the Special Act. Error in tiie Eighthly. Provided that the Railway may be carried "ntere*d In"*"" across or upou the lands of any person on the line, or with- Book of Re». : in the distance from such line as aforesaid, although the " name of such person be not entered in the Book of Refer- ence through error or any other cause, or although some other person be erroneously mentioned as the owner of or entitled to convey, or be interested in sucb lands. fo'bStaken'w'ith. ^i^if^iy- The Lands which may be taken without the out consent of consent of the proprietor thereof, shall not ext jd thirty proprietor. yards in breadth, except in such places where ihe Railway shall be raised more than five feet higher, or cut more than 11 five feet deeper than the surface of the line, or where offsets shall be established, or where stations, depots or fixtures are intended to be erected, or goods be delivered, and then not more than two hundred yards in length by one hundred and fifty yards in breadth, without the consent of the person authorized to convey such lands ; and the places at which such extra breadth is to be taken shall be shewn on the Map or Flan, or Plans or Sections, so far as the same may be then ascertained, but their not being so shewn shall not pre- vent such extra breadth from being taken provided it be taken upon the line shewn or within the distance aforesaid from such line. Tenthly. The extent of the public beach, or of the land Extent of public covered with the waters of any river or lake in this Pro- ^^^ *® •*" ^ vince taken for the Railway, shall not exceed the quantity, limited in the next preceding clause. LANDS, AND THEIR VALUATION. XI. And be it enacted. That the conveyance of lands, their valuation and the compensation therefor, shall be made in manner following : Fintly. Ail Corporations and persons whatever, tenants corporation, &e. in tail or for life, grives de aubstitution^ guardians, curators, S^^,^"*"*' executors, administrators, and all other trustees whatsoever not only for and on behalf of themselves, their heirs and successors, but also for and on behalf of those whom they represent, whether infants, issue unborn, lunatics, idiots. femes-covert^ or other persons, who are or shall be seized, possessed of or interested in any lands, may contract for, sell and convey unto the Company all or any pprt thereof ; and any contract, agreement, sale, conveyance and assur- ance so to be made, shall be valid and effectual in law to all int^ts and purposes whatsoever; any law, statuts, usage or custom to the contrary thereof in anywise not- withstanding, and such Corporation or person, so conveying as aforesaid, is hereby indemnified for what he or it shall respectively do by virtue of or in pursuance of this Act. Secondly. Provided, that any contract or agreement Effect of con. made by any party authorized by this Act to convey lands, fo*^*'^^'^^^^ and made before the deposit of the Map or Plan and Book «nap. of Reference, and before che setting out and ascertaining of the lands required for the Rail-way, shall be binding at the price agreed upon for the same lands, if they shall be after- wards so set out and ascertained within one year from the date of the contract or agreement, and although such land may, in the mean time, have become the property of a third party ; and possession of the land may bo taken and the agreeiuent aud price may be dealt with, as if such prio^ i. a fixed rent. fMir iiUvlt. I'm 12 had been fixed by an award of Arbitrators as hereinafter provided, and the agreement shall be in the place of an award, corporationt Thirdly. All Corporations or persons who cu^not in my 2re«*upon^™™**'^ oourso of law sell or alienate any lands so set out ~ ' and ascertained, shall agree upon a fixed annual rent as an equivalent, and not upon a pnncipal sum, to be paid for the lands ; and if the amount of the rent shall not be fixed by voluntary agreement or compromise, it shall be fixed in the manner herein prescribed, and all proceedings shall in that ctse be regulated as herein prescribed ; and for the pay- ment of the said annual rent, and every other annual reat agreed upon or ascertained, and to be paid for the purchase of any lands, or for any part of the purchase money of any lands, which the vendor shall agree to leave unpaid, the Rail-way and the tolls thereon shall be and are hereby made liable and chargeable in preference to all other claims and demands thereon whatsoever, the Deed creating such charge and liability being duly registered in the Registry OflSce of the proper County. Attqproprietort Fourthly. Whenever there shall be more than one party proprietor of any land as joint tenant or tenants in common, or par indivis, any contract or agreement made in good faith with any party or parties proprietor or being together proprietors of one third or more of auch land, as to the amount of compensation for the same or for any damages thereto, shall be binding as between the remaining proprie- tor or proprietors as joint tenants or tenants in common and par indivis ; and the proprietor or proprietors who have so agreed, may deliver possession of such land, or enpower the entry upon the same, as the case may be. Fifthly. After one month from the deposit of the Map or SdeMdtofmiip,^^*^ *^<^ Book of Reference as aforesaid, and from notice Ac, appiicaUon thereof in at least one newspaper, if there be any, published to the owner of j^ ^^^^ ^^ ^^e Districts and Counties through which the Rail-way is intended to pass, application may be made to the owners of lands or to parties empowered to convey lands, or interested in lands which may sufier damage from the taking of materials or the exerci&e of any of the powers granted for the Rail-way, and thereupon, agreements and contracts may be made with the said parties touching the said lands or the compensation to be paid for the same, or for the damages, or as to the mode in which the said com- pensation shall be ascertained, as shall seem expedient to both parties, and in case of disagreement between them, or any of them, then all questions which shall arise between them, shall be settled as follows, that is to say : i»epoiittoba Sixthly. The deposit of a Map or Plan and Book of caawainotiM. Reference, and the notice of such deposit, given as afore* After one 18 said, shall be deemed a general notice to all such parties as aforesaid of the lands which will be required for the said Bail-way and works. Seventhly. The notice served upon the party shall contain Notice to oppo- a description of the lands to be taken, or of the powers **••*"*'• intended to be exercised with regard to any lands, describ- ing them ; a declaration of readiness to pay some certain sum or rent, as the case may be, as compensation for such lands or for such damages, and the name of a person to be appointed as the Arbitrator of the Company, if their offer be not accepted : and such notice shall be accompanied by the Certificate of a Sworn Surveyor for Upper Canada or Lower Canada, as the case may be, disinterested in the matter, and not being the Arbitrator named in the notice, that the land, if the notice relate to the taking of land, shewn on the said map or plan and, is required for the Rail-way, or is within the limits of deviation hereby allowed ; ^. that he knows the land, or the amount of damage likely to arise from the exercise of the powers ; and that the sum so offered, is, in his opinion, a fair compensation for the land, and for the damages as aforesaid. Eighthly. If the opposite party be absent from the District *' **»• party^ba or County in which the lands lie, or be unknown, then, upon known, application to a Judge of the District, County or Circuit Court, as the case may be, accompanied by such Certificate as aforesaid, and by an a£Sdavit of some officer of the Com- pany that the opposite party is so absent, or that after diligent enquiry, the party on whom the notice ought to be served cannot be ascertained, the Judge shall order a notice as aforesaid, but without a Certificate, to be inserted three times in the course of one calendar month in some news- paper published in the said District or County. Ninthly. If within ten days after the service of such SJ the c5SS- notice, or within one month after the first publication thereof ny'« ofier, and as aforesaid, the opposite party shall not noti^ to the Com-^^^j'gjS**"'*" pany his acceptance of the sum offered by them, or notifp' to them the name of a person whom he appoints as Arbi- trator, then the Judge shall, on the application of the Company, appoint a Sworn Surveyor for Upper or Lower Canada, as the case may be, to be sole Arbitrator for deter- mining the compensation to be paid as aforesaid. Tenthly. If the opposite party shall, within the time Appointment of aforesaid, notify to the Company the name of his Arbitrator, ^°J^,^^t^^ then the two Arbitrators shall jointly appoint a third, or if they cannot agree upon a third, then the Judge shall, on the application ot the party or of the Company, (previous notice of at least one clear day having been given to the other party) appoint a third Arbitrator. Third arbitrator JSHeventMy, The Arbitrators, or any two of them, or the Dnties of arbi> sole Arbitrator, being sworn before some Justice of the*"*^' 14 Peace for the District or County in which the lands lie as aforesaid, faithfully and impartially to perform the duties of theii' office, shall proceed to ascertain the said compensation in such way as they or he, or a majoiity of them, shall deem best, and the award of such Arbitrators, or any two of them, or of the sole Arbitrator, shall be final and con- ProviM. elusive : Provided that no such award shall be made or any official act be done by such majority, except at a meeting held at a time and place of which the other Arbitrator shall have at least one clear day's notice, or to which some meeting at which the third Arbitrator was present, shall have been adjouiiied; and no notice to either of the parties shall be necessary, but they shall be held sufficiently notified through the Arbitrator they shall have appointed, or whose appointment they shall have required. CJiti how paid. Twelftkly Provided, that if in any case where three Arbitrators shall have been appointed, the sum awarded be not greater than that offered, the costs of the Arbitration shall be borne by the opposite party, and deducted from the compensation, but if otherwise, they shall be borne by the Company, and in either case they may, if not agreed upon, be taxed by the Judge aforesaid. Arbitnton miif ThirteentUy. The Arbitrators, or a majority of them, or •umineonoath.t|ie goj^ Arbitrator, may examine on oath or solemn affirma- tion the parties, or such witnesses as shall voluntarily appear before him or lliem, and may administer such oath or affir- mation ; and any wilfiilly fiuse statement made by any wit- ness, imder such oath or affirmation, shall be deemed wilfbl and corrupt peijury, and punishable accordingly. FourteentfUy. Ibe Judge by whom any third Arbitrator or sole Arbitrator shall be appointed, shall, at the same time, fix a day on or before which the award shall be made, and if the same be not made on or before such day, or some other day to which the time for making it shall have been prolonged, either by the consent of the parties or by the order of the Judge (as it may be for reasonable cause diewn, on the application of such sole Arbitrator or of one of the Arbitrators after one clear day's notice to the others), <^en, the sum offered by the Company as aforesaid, shall be the compensation to be paid by them. d7> FifteentUy, If the Arbitrator appointed by such Judge, or if any Arbitrator appointed by the parties, shall cUq before the award be made, or be disqualified, or refiise or fail to act within a reasonable time, then, upon the appKcar tion of eitlier party, such Judge being satisfied by affidavit or otherwise of such disqualificalaoB, refusal or failure, may, in his discretion, appoiirt another Arbitrator in the place of him by the Judge previously appointed, sfnd tlie Company and party ma^ «aoh appoint an Arbitrator in tbe plaoe of Time within irtiioh award most b« made. Arbitrator tag, die. tt 15 their Arbitrator deceased or otherwise not acting as afore- said, but no recommencement or repetition of prior proceed^ ings shall be required in any case. Sixtemihly. Any such notice for lands, as aforesaid, may company nay be desisted from, and new notice given, with regard to the^oJlJ* p''*°* same or other lands, to the same or any other parly, but in. any such case, the liability to the party first notified for all damages or costs by him incurred in consequence of such first notice and desistment, shall subsist Seventeenthly. The Surveyor or other person ofiered or ArwtratoM not appointed as Valuator or as Arbitrator, shall not bccertSi^ircum- disqualified by reason that he is professionally employed by Btancas. either party, or that he has previously expressed an opinion, as to the amoimt of compensation, or that he is related or of kin to any member of the Company, provided he is not himself personally interested in the amount of the com- pensation ; and no cause of disqualification shall be urged against any Arbitrator appointed by the Judge after his appointment, but shall be made before the same, and its • validity or invalidity shall be summarily determined by the Judge ; and no cause of disqualification shall be urged against any Arbitrator appointed by the Company or by the opposite party after the appointment of a third Arbitrator ; and the validity or invalidity of any cause of disqualifica- tion urged against any such Arbitrator, before the appoint- ment of a third Arbitrator, shall be summarily determined by any such Judge, on the application of either party ; after one clear day"s notice to the other, and if such cause be determined to be valid, the appointment shall be null, and the party offering the person so adjudged to be disqualified, shall be held to have appointed no Arbitrator. Eighteenthly. No award made as aforesaid shall be Awards not invalidated from any want of form or other technical objec-of'fcm.'" '' ti on, if the requirements of this Act shall have been com- plied with, and if the award shall state clearly the sum awarded, and the lands or other property, right or Ihiug for which such sum is to be the compensation ; nor shall it be necessary that the par^, or parties to whom the sum is to be paid, be named m the award. I^inetemthly. ^pon pajrment or legal tender of the com-PoaaMiion may pensation or annual rent so award^ or agreed upon aSme^tf'ten^^T'' aforesaid to the party entitled to receive the same, or upon *«•• »' r the deposit of the amount of such compensation in the***' manner hereinafter mentioned, the award or agreement shall vest in the said Company the power fbrthwiOi to take possession of the kmds, or to exercise the riffht) or to do the thing for whioh suoh compensation or annuu rent shall have been awarded or aneed upon ; and if any resistance «r forcible oppodtian ahall be made by anj penon, to their w \& at sum '! Provbo. As to incombr. per Canada. 16 doing, the Judge, may, on proof to his satisfaction of such award or agreement, issue his Warrant to the Sheriff of the District or County, or to a Bailiff, as he may deem most suitable, to put the said Company in possession, and to put down such resistance or opposition, which the Sheriff or Bailiff, taking with him sufficient assistance, shall accord- ingly do : Provided that such Warrant may also be granted by any such Judge, without such award or agreement, on affidavit to his satisfaction that the immediate possession of the lands or of the power to do the thing mentioned in the notice, is necessary to carry on some part of the said Rail- way with which the said Company are ready forthwith to proceed; and upon the said Company giving security to his satisfaction, and in a sum which shall not be less than double the amount mentioned in the notice, to pay or deposit the compensation to be awarded within one month after the making of the award, with interest from the time at which possession shall be given, and with such costs as may be lawfully payable by the Company. Twentiethly. The compensation for any lands which AcTpuroSnaight be taken without the consent of the proprietor, shall or taken j|a Up- stand in the stead of such lands ; and any claim to or incumbrance upon the said lands, or any portion thereof^ shall, as against the Company, be converted into claim to the compensation, or to a like proportion thereof, and they shall be responsible accordingly whenever they shall have paid such compensation, or any part thereof, to a party not entitled to receive the same, saving always their recourse against such party : Provided that if the Company shall have reason to fear any claims or incumbrances, or if any party to whom the compensation or annual rent, or any part thereof shall be pa fable, shall refuse to execute the proper conveyance and guarantee, or if the party entitled to claim the same camiot be found, or be unKnown to the Company, or if for any other reason the Company shall deem it advisable, it shml be lawful, if the lands be situated in Upper Canada, for them to pay such compensation into the office of either of the Superior Courts for Upper Canada, with the interest thereon for six months, and to deliver to the Clerk of the Court an authentic copy of the conveyance, or of the award or agreement if there be no conveyance, and such award or agreement shall thereai'ter be deemed to be the title of the Company to the land therein mentioned ; and a notice, in such form and for such time as the said Court shall appoint, shall be inserted in some newspap'>r, if there be any published in the County in which the lands are situate, and in the City of Toronto, which shall state that the title of the Company, that is, the oonveyanoe, agreement or award, is under this Act, and ProTiso. ^> shall call upon all persons entitled to the land, or to any part thereo ", or representing or being the husbands of any parties so e ititled, to file their claims to the compensation or any part thereof, and all such claims shall be received and adjudged upon by the Court, and the said proceedings shall for ever bar all claims to the lands, or any part there- of^ including dower, as well as all "mortgages or incum- brances upon the same; and the Court shall make such order for the distribution, payment or investment of the comjponsation, and for the securing of the rights of all parties interested, as to right and justice, and according to the provisions of this Act, and the Special Act and to law, shall appertain ; and the costs of the proc3edings, or any part thereof, shall be paid by the Company, or by any other party as the Court shall deem it equitable to order ; and if such order of distribution as aforesaid be obtained in less than six months from the payment of the compensation into Court, the Court shall direct a proportionaite part of the interest to be returned to the Company, and if from any error, fault or neglect of the Company, it shall not be obtained until after the six months are expired, the Court shall order the Company to pay to the proper claimants the interest for such rarther period as may be right. Ttoenty-jirstly. If the lands so taken be situate in Lower dae in which Canada, and if the said Company shall have reason to fear !"?••" •**"•*• any such daun, mortgage, hypothec or mcumbrance, or if da,uid company any party to whom the compensation or annual rent, or any fci'iSSJISbrM. part thereof^ shall be payable, shall refuse to execute the«MiproTidedfor. proper conveyance and guarantee, or if the party entitled to claim the compensation or rent cannot be found, or be unknown to the Company, or if for any other reason the Company shall deem it advisable, it shall be lawful for them to pay such compensation into the hands of the Pro- thonotary of the Superior Court for the District in which such land is situate, with the interest thereon for six months, and to deliver to the said Frothonotaiy an authentic copy of the conveyance, or of the award, if there be no conveyance, and such award shall there- after be deemed to be the title of the said Company to the land therein mentioned, and proceedings shall thereupon be had for the confirmation of the title of the said Company, in like maimer as in other cases of con- firmation of title, except that, in addition to the usual contents of the notice, the Prothonotary shall state that the title of the Company (that is, the conveyance or award) is under this Act, and shall call upon all persons entitled to the lands, or any part thereof, or representing or being the husband of any party so entitled, to file their oppositions for their claims to the compensation, or any part thereof, B ii; 1 Jil ft' %' and all sucli oppositions shall be received and adjudged upon by the Court, and the judgment of confirmation shall for ever bar all claims to the land, or any part thereof (including dower not yet open), as well as any mortgage, hypothec or incumbrance upon the same ; and the Court shall make such order for the distribution, payment or investment of the compensation, and for the secunty of the rights of all parties interested, as to right and justice, and the Special Act, and according to the provisions of this Act and to law, shall appertain ; and the costs of the said pro- ceedings, or any part thereof, shall be paid by the Com- pany., or by any other party, as the Court shall deem it equitable to order ; and if judgment of confirmation be obtained in less than six months from the payment of the compensation to the Prothonotary, the Court shall direct a proportionate part of the interest to be returned to the Company, and if from any eiror, fault or neglect of the Company, it shall not be obtained until after the six months are expired, the Court shall order the Company to pay the Prothonotary the interest for such further period as may be right. Case in which Twmti/'Sec&ndly. If the said Rail-way shall pass through ^'i1SLl'iJ^T» any land belonging to or in possession of any Tribe of pais through In. T J, • .1 • -^ • >/> ^ • •' j dian landi, pro. Indians in this Province, or if any act occasioning damage Tided for. ^ ^j^^j^ lands shall be done under the authority of this Act or the Special A ^.t, compensation shtdl be made to them therefor, m the same manner as is provided with respect to the lands or rights of other individuals ; and whenever it shall be necessary that Arbitrators shall be chosen by the parties, the Chief Officer of the Indian Department within this Province, is hereby authorized and reauired to name an Arbitrator on behalf of the Indians, and the amount ^rhich shall be awarded in any case shall be paid, where the lands belong to the Indians, to the said Chief Officer^ for the use of such Tribe or Body. ?i * i As to lands be- Twefity-thirdly. Whenever it shall be necessary for the M!l^'"tv &c *^" Company to occupy any part of the lands belonging to the jes y, c. Q^gQ^»g Majesty, reserved for Naval or Military purposes, they shall mst apply for and obtain the license or consent of Her said Majesty, under the Hand and Seal of the Governor for the time being, and having obtained such license and consent, they may at any time or times enter into or upon, have, hold, use, occupy and enjoy any of the said : lands for the purposes of the Rail-way ; Provided always, that in the case of any such Naval or Military Reserves, no such licence or consent shall be given but upon a Report first made thereupon by the Navu ^^^ at all times be, and be continued of the open and clear highway*. ' breadth and space, under such arch, of not less than twenty feet, and of a height from the surface of such Highway to the centre of such arch of not less than twelve feet ; and the descent under any such Bridge shall not exceed one foot in twenty feet. Fourthly. The ascent of all Bridges erected to carry any Ascent of bridg. Highway over any Rail-way shall not be more than one *•• foot in twenty feet increase over the natural ascent of the Highway ; and a good and sufficient fence shall be made on ea^ side of every Bridge, which fence shall not be less than four feet above tne surface of the Bridge. Fifthly. Signboards stretching across the Highway cross- Precantiont ed at a level by any Rail-way, snail be erected and kept up ^,o'^,*Jfhigh. at each crossing at such height as to leave sixteen feet from wajr. the Highway to the lower edge of the signboard, and having the words "Railway Crossing" painted on each side of signboard, and in letters not less tnan six inches in length; and for every neglect to comply with the requirements of . this section, a penalty not exceeding Ten Pounds currency shall be incurred. (.-:'• 8$ w FENCES. Xin. And be it enacted, That — Fencei to be er- Firstly. Fences shall be erected and maintained on eaeh •oted on each gi(je of the Bail-way, of the height and strength of an •i e of R w»y. Qy^jjjjjjjy division fence, with openings, or gates, or bars therein and farm crossings of the Road, for me use of the proprietors of the lands adjoining the Rail-way ; and also cattle guards at all road crossings, suitable and sufficient to prevent cattle and animals from getting on the Rail-way ; and until such fences and cattle guards shall be duly made, the Companj shall be liable for ful damages which shall be done by their trains or engines to cattle, horses or other animals on the Railway ; and after the fences or guards shall be duly made, and while they are duly maintained, no such liability shall accrue for any such damages unless negligently or wiliuUy done ; and if any person shall ride, lead or drive any horse or other animal upon such Rail-way, and within the fences and guards, other than the farm crossings, with- out the consent of the Company, he shall for every such offence forfeit a sum not exceedmg Ten Pounds, and shall also pay all damages which shall be sustained thereby to the party aggrieved ; and no person other than those con- nected with, or employed by, the Rail-way, shall walk along the track thereof, except where the same shall be laid across or along a Highway. Dividing and se- Secmdly. Within six months after any lands shall be panting of lands taken for the use of the Rail-way, and if thereunto required neig^urlng°°'by the proprietors of the adjoining lands respectively, but landi. not otherwise, the lands shall be, by the Company, divided and separated and kept constantly divided and separated fi-om the lands or grounds adjoining thereto, with a sufficient post or rail, hedge, ditch, bank or other fence sufficient to keep off hogs, sheep and cattle, to be set and made on the lands so taken, and which the Company shall, at their own costs and charges, from time to time, maintain, support and keep in sufficient repair. TOLLS. XIV. And be it enacted, That Tolls shall be established as follows : T lis t be fixed Firstly. Tolls shall be from time to time fixed and by By-laws. regulated by the By-laws of the Company, or by the Directors if thereunto authorized by the By-laws, or by the Share- holders at any general meeting, and shall and may be demanded and received for all passengers and goods trans- ported upon the Railway or in the Steam Vessels to the 21 undertaking belonging, and which shall be paid to such * persons and at such places near to the Railway, in such inanner and under such regulations as the By-laws shall direct ; and in case of denial or neglect of payment of any such Tolls, or any part thereof, on demand, to such persons, the same may be sued for and recovered in any compet^ Court, or the Agents or servants of the Company may, and they are hereby empowered to seize the goods for or in respect whereof such tolls ought to be paid, and detain the same until pa3^ent thereof ; and in the meantime the said goods shall be at the risk of the owners thereof; and if the said tolls shall not be paid within six weeks, the Company shall thereafter have power to sell the whole or any part of such goods, and out of the money arising from such sales to retain the tolls payable as aforesaid, and all charges and expenses of such detention and sale ; rendering the surplus, if any, of the money realized from such sale, or of such of the goods as may remain unsold, to the person entitled thereto ; and if any goods shall remain in the possession of the Company unclaimed for the space of twelve months, the Company shall thereafter, and on giving public notice thereof oy advertisement for six weeks m the Canada Gazette^ and in such other papers as they may deem neces- sary, have power to sell such goods by public auction at a time and place to be mentioned in such advertisement, and out of the proceeds thereof to pay such tolls and all reason- able charges for storing, advertising and selling such goods ; and any balance of such proceed) shall be kept by the Company for a further period of three months, to be paid over to any party entitled thereto ; and in default of such balance being claimed before the expiration of the period last aforesaid, the same shall be paid over to the Receiver General, to be applied to the General purposes of the Province, until such time as the same shall w claimed by the party entitled thereto ; and all or any of the said tolb may, by any by-law, be lowered and reduced and again raised as often as it shall be deemed necessary for the interests of the undertaking : Provided that the same tolls FroTyo. shall be payable at the same time and under the same circumstances upon all goods and persons, so that no undue advantage, privilege or monopoly may be afforded to any person or class of persons by any By-laws relating to the tolls. Secondly. In all cases, a fraction in the distance over a fraction of « which goonis or passengers shall be transported on the ,iderJda« »"**"' Railway shall be considered as a whole mile; and for *JhwKto«'tcL. {raction of a ton in the weight of any goods, a proportion of ° the toll shall be demand^ and taken, according to the number of quarters of a ton contained therein, and a fraction If 83 • of a quarter of a ton shall be deemed and considered as a vrhole quarter of a ton. Table of toiii to Thirdly. The Directors shall, from time to time, print be ituok up in n^^ gtigj^ up^ ^^ cause to be printed and stuck up, in the ' ' ofBce, and m all and every of the places inhere the tolls are to be collected, and in every passenger car, in some con- spicuous place there, a' printed board or paper exhibiting all the tolls payable, and particularising the price or sum of money to be charged or taken for the carriage of any matter or thing. Fourthly. No tolls shall be levied or taken until approved of by the Governor in Council, nor until after two weekly pubhcations in the Canada Gazette of the By-law establish' mg such tolls, and of the Order in Council approving thereof. Fifthly. Every By-law fixing and regulating tolls shall be subject to revision by the Qovemor in Council from time to time, after approval thereof as aforesaid ; and after an Order in Council, reducing the tolls fixed and reg^ilated by any By-law, shall have been twice published in the Canada Gazette, the tolls mentioned in such Order in CouncU| shall be substituted for those mentioned in such By-law bo long as such Order in Council remains unrevoked. GENERAL MEETINGS, '' r' r al meetings. stauehoider* ^^* -^^ ^ ^^ enacted. That the Shareholders shall m»y^J»o^d genet- always have power to assemble together at general meetings ""* """^ for the purposes connected with or belonging to the under- taking, and at rny annual general meeting, and elect Directors in the manner provided by the next succeeding clause. ■ ■ . . ■. ., ,„ .•• DIRECTORS— THEIR ELECTION AND DUTIES. XVL And be it enacted. That — Board of Direct- Firstly. A Board of Directors of the undertaking to ("*• manage its affairs, the number \Hbereof shall be stated in the Special Act, diall be chosen annually by a majority of the Shareholders voting at such election at a general meet- ing, the time and place for which shall be appointed by t}ie Special Act, and if such election shall not be held on tiie day so appointed, it shall be the duty of the Directors to notify and cause such election to be held within thirty days - after the day so appointed ; and on the day so notified, no person shall be admitted to vote exc pt those who would have been entitled to vote had the election been held on the day when it ought to have been held ; and vaoancies in the Board of Directors shall be filled in such manner M 23 may be presci-ibed by tbo By-laws ; and no person shall be a Diroctor unless ho be a Stockholder, owning stock abso- lutely in his own ri£;hl, and qualified to vote for Directors at the election at wnich he sntili be choRon. Secondly. The method of calling general meetings, and c«iung of spe. the time and place of the first meeting of Stocklioldors for«'*iin«etinK8,«(c. the appointment of Directors, shall be determined and settled m the Special Act Thirdly. The number of votes to which each Shareholder votes to be in shall be entitled on every occasion when the votes of the Jh^ei?'*"' *" members are to be given, shall be in the proportion to the number of shares hold by him, unless otherwise provided by the Special Act ; and all Shareholders, whether resident in this Province or elsewhere, may ^'ote by proxy, if thev shall see fit : Provided that such proxy do produce from his constituent an appointment in writing, in the words or to the efiect following that is to say : .» • r ; . , i- ; ; "I, , of .;• Presi(leut. Quorum of Directors, ft Proviso. Officers of Com pany cannot be Uirectorfl. By -laws for management of stock. &c. Calls. t « 24 ral meeting, elect one of their number to be the President of the Company, who shall always, when present, be the Chairman of and preside at all meetings of the Directors, and shall hold his office until he shall cease to be a Direc- tor, or until another President shall be elected in his stead ; and they may in like manner elect a Vice-President, who shall act as Chairman in the absence of the President. Seventhly. The Directors at any meeting at which not less than a quorum to be settled by the Special Act shall be present, shall be competent to use and exercise all and any of the powers vested in the said Directors, but no one Director shall have mor^ than one vote at any meeting except the Chairman, who shall, in case of a division of equal numbers, have the casting vote, and the Di.ectors shall be subject to the examination and control of the Shareholders at their annual meetings, and bo subject to all By-laws of the Company, and to the orders and directions from time to time made at the anuual or at any special meetings, such orders and directions not being contrary to any express directions or provisions of this Act or the Special Act; And provided also, that the act of any majority of a quorum of the Directors present at any meet- ing regularly held, shall be deemed the act of the Directors. Eighthly. No person holding any office, place or employment in or being concerned or interested in any contracts under or with the Company, shall be capable of being chosen a Director, or of holding the office of Director. Ninthly. The Directors shall make By-laws for the management and disposition of the stock, property and business affairs of the Company, not inconsistent with the laws of this Province, and for the appointment of all officers, servants and artificers, and prescribing their respective duties. Tenthly. Tl ^ Directors may from time to time make such calls of money upon the respective Shareholders, in respect of the amount of Capital respectively subscribed or owing by them, as they shall deem necessary, provided that thirty days' notice at uie least be given of each call, and that no call exceed the prescribed amount to be determined therefor, in the Special Act, nor made at a less interval than two months from the previous call, or a greater amount be called in, in any one year, than the prescribed amount therefor in the Special Act, and eveiy Shareholder shall be liable to pay the amount of the call so made in respect of the shares held by him to the persons and at the times and places from time to time appointed by the Company or the Directors. I dS Eleventhly. If before or on tho day appointed for pay- ment, any Shareholder do not pay the amouHl of any call, he shall be liable to pay interest for the same, at the rate of six per centum per annum, from the day appointed for the pa3mient thereof to the time of the actual payment. Twelfihly. If at the time appointed for the payment of any call, any Shareholder shall fail to pay the amount of the call, he may be sued for the same, in any Court of Law or Equity having competent jurisdiction, and the same may be recovered wim lawful interest from the day on which such call was payable. Thirteenthly. In any action or suit to recover any money due upon any call, it shall not be necessary to set forth th special matter, but it shall be sufficient to declare that the Defendant is the holder of one share or more, stating the number of shares, and is indebted in the sum of money to which the calls in arrear shall amount, in respect of one call or .ore upon one share or more, stating the number and amount of each of such calls, whereby an action hath piccrued to the said Company by virtue of the Special Act. Fourteentkly. The Certificate of Proprietorship of any share shall be admitted in all Courts as prim& facie evidence of the title of any Shareholder, his executors, administrators, successor or assigns, to the share therein specified ; neverthe- less, the want of such Certificate shall not prevent the holder of any share from disposing thereof. Fifteenthly. Any persons neglecting or refusing to pay a rateable share cf the calls as aforesaid, for the space of two calendar months after the time appointed for the payment thereof, shall forfeit their respective shares in the undertak- ing, and all the profit and benefit thereof; all which forfeitures shall go to the Company for the benefit thereof. Sixteenthly. Provided that no advantage shall be taken of the forfeiture, unless the Bame shall be declared to be forfeited at a General Meeting of the Company, t4S8embled at any time after such forfeiture shall be incurred, and every such forfeiture shall be aa indemnification to an<^ for every Shareholder so forfeiting against all actions, suits or pro- secutions whatever, to b« commenced or prosecuted for any breach of contract or other agreement between such Share- holder and the other Sharehcnders with regard to carrying on the said undertaking. Seventeenthty. The Directors of the said Company may « ell, either by public auction or private sale, and in such manner and on such terms as to them shall seem meet, any shares so declared to be forfeited, and also any shares remaining unsubscribed for in the Capital Stock of the Company, or pledge such forfeited or unsubscribed shares for the payment of loans or advances made or to be made Interest to he charged on un- paid cs! <• Amount of call may be recover- ed by suit. Certain formali- ties not necessa. ry inactions for oalls. Certificate of proprietorstiip Tprimd facie eri' deoce. Penalty for refu- sal to pay calls. Forfeiture of share not to be taken advantage of, unless declar- ed at gen eral meeting. Directors 'may sell forfeit^ i shares by auction. It'i 26 Certificate of Treasurer to b« evidence of for- feiture. Interest to be al- lowed to Shorn, holders paying money in ad- vance on their shares. Directors to cause annual aC' counts to be kept. It... &': Profiso. thereon, or of any suras of money borrowed or advanced by or to the Company. Eighteenthly. A Certificate of the Treasurer of the Com- pany that the forfeiture of the shares was declared, shall be sufficient evidence of the fact therein stated, and of their purcha'ie by the purchaser ; and with Ihe receipt of the Treasurer for the price of such share«, shall constitute a good title to the shares, and the Certificate shall be by the said Treasurer onregistered in the name and with the place of pLode and occupation of the purchasers, and shall be entered in the Books required to be kept by tlie By-laws of the Company, and such purchaser shall thereupon be deemed the holder of such shares, and shall not be bound to see to the application of the purchase money, nor shall his title to such shares be affected by any irregularity in the proceedings iu reference to such sale, and any Share- holder may purchase any shares so sold. Nineteenthly. Shareholders willing to advance the amount of their shares, or any part of the money due upon the respective shares beyond the sums actually called for, may pay the same, and upon the principal moneys so paid in advance, or so much thereof as from time to time shall exceed the amount of the calls then made upon the shares in respect of which such advance shall be made, the Company may pay interest at the legal rate of interest for the time being, as the Shareholders paying such sum in advance and the said Company may agree upon : Provided, such interest shall not be paid out of the Capital subscribed. Twmtiethly. The Directors shall and ihey are hereby required to cause a true, exact and particular account to be kept and annually made up and balanced on the thirty-first day of December, in eacn year, of the money collected and received by the Company, or by the Directors or Managers thereof^ or otherwise, for the use of the Company, and of the charges and expenses attending the erecting, making, supporting, maintaining and carrying on of the undertaking, and of all other receipts and expenditures of the Company or the Directors, and at the general meetings of th Shareholders of the undertaking, to be from time to time holden as aforesaid, a dividend shall be made out of the clear profits of the said undertaking, unless such meet- ings shall declare otherwise ; and such dividend shall be at and after the rate of so much per share upon the several shares held by the Shartholders in the stock of the Com- pany, as such meeting sliall think fit to appoint or deter- mine : Provided always, that no dividend shall be made whereby the Capital of the said Company shall be in any degree reduced or impaired, or be paid thereout, nor shall any dividend be paid in respect of any share after a day 21 appointed for payment of any call for money in respect tnereof until such call shall have been paid. Twenty-fir stly. The Directors of the Company may, in Directors may their discretion, until the Rail-road shall be completed and Jumscairedup" opened to the public, pay interest at any rate not exceeding *^'^ '*■?•"**•' Six Pounds per centum per annum, on all sums called up in respect of the shares, from the respective days on which the same shall be paid, such interest to accrue and be paid at such times and places as the Directors shall appoint for that purpose : Provided always, that no interest shall accrue Proviso, to the proprietors of any share upon which any call shall be in arrear in respect oi such shares or any other share to be holden by the same Shareholder during the period which such call shall remain unpaid, nor shall any interest be paid or taken from the Capital subscribed or any part thereof. Twenty-secondly. 'Die Directors shall from time to time Directors may appoint such and so many OflScers as they may deem "PP"^* " "^''' requisite, and take from them such sufficient security by one or more Bond or Bonds, in a sufficient penalty or penalties or otherwise from the Manager and Officers for the time being, for the safe keeping and accounting of the moneys to be raised by virtue of this Act and the Special Act, and for the faithful execution by them of their offices respec- tively, as the Directors ^all think proper. Twenty-thirdly. In case of the absence or illness of the Vice-President President, the Vice-President shall have all the rights and J^^'^S} '^^ *{S,»''* powers of the President, and shall be competent t') sign all President, Notes, Bills, Debentures, and other Instruments, and to perform all acts which by the Regulations and By-laws of the Company or by the Acts incorporating the Company are required to be signed, performed and done by the Presi- dent ; and the Directors may at any meeting require the Secretary to enter such absence or illness among the pro- ceedings of such meeting, and a Certificate thereof signed by the Secretary shall be delivered to any person or persons requiring the same on payment to the Treasurer of Five Shillings, and such Certificate shall be taken and considered as p*tm4/acte evidence of such absence or illness, at and during the period in the said Certificate mentioned, in all proceedings in Courls of Justice or otherwise. Twenty-fourihly. All notices of meetings or of calls upon Notices to be the Shareholders of the Company shall be published weekly Pj^JJ^gJ^J^ J'"' in the Canada Oazette, and the said Qazetle shall, on pro- duction thereof, be conclusive evidence of the sufficiency of the said notices. SHARES AND THEIR TRANSFER. Shareholders* may dispose of shares. I V Forin of sale. XVII. And be it enacted, Thatr— Firstly. Shares in the undertaking may be, by the parties, sold and disposed of by instrument in writine, to be made in duplicate in the form following, one part of which shall be delivered to the directors, to be filed and kept for the use of the said Company, and an entry thereof shall be made in a Book to be kept for that purpose ; but no interest on the shares transferred shall be paid by the purchaser until said duplicate shall be so delivered, filed and entered. Seccmdly. Sales shall be in the form following, varying the names and descriptions of the contracting parties, as the case may require : " I, A B, in consideration of the sum of " , paid to me by C. D, hereby do sell and transfer " to him share {or shares) of the " stock of the , to hold to " him the said C. D. his Heirs, Executors, Administrators " and Assigns, subject to the same rules and orders, and on " the same conditions that I held the same immediately " before the execution thereof. And I, the said C. D. do " hereby agree to accept of the said " share {or shares) subject to the same rules, orders and " conditions. Witness our hands this " day of " in the year of ." Thirdly. The Stock of the Company shall be deemed personal estate, but no shares shall be transferable until all previous calls thereon shall have been fully paid in, or the said shares shall have been declared forfeited for the non- payment of calls thereon, and no transfer of less than a whole share shall be valid. Fourthly. If any share in the Company shall be trans- mitted by the deatu, bankruptcy or last will, donation or testament, or by the intestacy of any Shareholder, or by any lawful means other than the transfer hereinbefore mentioned, the party to whom such share shall be so transmitted, shall deposit in the office of the Company a statement in writing, signed by him, declaring the manuer of such transmission, together with a duly cernfied copy or probate of such will, donation or testament, or sufiicient extracts therefrom, and such other documents or proof as may be necessary, and without which such party shall not be entitled to receive any share of the profits of the Com- pany, nor vote in respect of any such share as to the holder thereof i m 29 MUNICIPALITIES. XVm. And be it enacted, That— Firstly. Municipal Corporations in this Province may Municipal cor. subscribe for any number of shares in the Capital Stock of, tSe^°"ij.™*'^ or lend to or guarantee the payment of any sum of money borrowed by uie Company ftom any Corporation or person, or indorse or guarantee the payment of any Debenture to be issued by the Company for the money by them borrowed and shall have power to assess and levy from time to time upon the whole rateable property of the Municipality a suflBcient sum for them to discharge the debt or engagement so contracted, and for the like purpose to issue Debentures payable at such times and for such sum respectively, not less then Five Pounds currency, and bearing or not bearing interest, as such Municipal Corporation, may think meet. Secondly. Any such Debenture issued, indorsed or gua- Debentures is. ranteed, shall be valid, and binding upon such Municipal tJJ^bin^^ng*" '" Corporation, if signed or endorsed, and countersigned by such officer or person, and in such manner and form as shall be directed by any By-law of such Corporation, and the Corpora- tion Seal thereto shall not be necessary, nor the observance of any other form with regard to the Debentures than such as shall be directed in such By-law as aforesaid. Thirdly. No Municipal Corporation shall subscribe foriheycannotsub. Stock or incur any debt or liability under this Act or the ^^„'J|J'^ ^^J.JJ^,'' Special Act, unless and until a By-law to that effect shall we made tor have been duly made, and adopted with the consent fir3tt*»»*P'>n>08e. had of a majority of the qualified electors of the Munici- pality, to be ascertained in such manner as shall be deter- mined by the said By-law, after public advertisement thereof containing a copy of such proposed By-law, inserted at least four times in each newspaper printed within the limits of the Municipality, or if none be printed therein, then in some one or more newspaper printed in the nearest City or Town thereto and ciTculated therein, and also put Up in at least four of the most public places in each Municipality. Fourthly. The Mayor, Warden or Reeve, being the head Mayor, &c., to of such Municipal Corporation, subscribing for and holding Db-ec2»ta ° Stock in the Company, to the amount of Five Thousand **i'* cases. Pounds, or upwards, shall be and continue to be «r officio one of the Directors of the Company, in addition to the number of Directors authorized by the Special Act, and shall have the same rights, powers and duties as any of the Directors of the Company. a cer- 1] Stook may ba in' creased. 8HAKEH0LDERS. XIX. And be it enacted, That — Shareholders In- Firstly. Each Shareholder shall be individually liable to dividuaUy liable. ^^ creditors of the Company to an amount equal to the amount unpti? '. on the Stock held by him, for the debts and liabilities thereof, and until the whole amount of his Stock shall have been paid up ; but shall not be liable to an action therefor before an execution against the Company shall have been returned unsatisfied in whole or in part, and the amount due on such execution shall be the amount recover- able with costs against such Shareholders.' Secondly. The original Capital Stock may be increased from time to time to any amount, but such increase must be sanctioned by a vote in person or by pror:y, of at least two-thirds in amount of all the Shareholders, a^ a meeting of them expressly called by the Directors for that purpose, by a notice in writing to each Shareholder, served on him pei-sonally, or properly directed to him, and deposited in the Post OflSce nearest to his place of residence, at least twenty days previous to such meeting, stating the time and place and object of the meeting, and the amount of increase and the proceedings ; of such meeting must be entered on the Minutes of the proceedings, and thereupon, the Capital Stock may be increased to the amount sanctioned by such a vote. Thirdly. The funds of the Company shall not be empio'odi^'*p»u'!®™P^*^y®*^ ^^ ^^^ purchase of any Stock in their own or in chasing other * any Other Company. ACTIONS FOR INDEMNITY, AND FINES AND PENALTIES AND THEIR PROSECUTION. Sic Funds of Com- ii ■■: m Limitation of assignees for damages. XX. And be it enacted. That — Firstly. All suits for indemnity for any damage or injury sustained by reason of the Rail- way, shall be instituted within six calendar months next after the time of such supposed damage sustained, or if there shall be continuation of damage, then within six calendar months next after the doing or committing such damage shall cease, and not afterwards; and the Defendants may plead the general issue and give this Act and the Special Act and the special matter in evidence at any trial to be had thereupon, and may prove that the same was (lone in pursuance of and by authority of this Act and the Special Act. Secondly. All persons by any means or in any manner or free uM of^Eiu'^ ^*y whatsoever, obstructing or interrupting the free use of way. the Rail-way, or the carriages, vessels, engines or other works incidental or relative thereto, or connected therewith. I'oti.uty on per- I obi 31 shall, for every siicli offence, be deemed guilty of a misde- meanor, and on conviction thereof, shall be punished by imprisonment in the common Gaol of the District or County where the conviction shall take place, or in the Pro- vincial Penitentiary, for a term not to exceed five years. Thirdly. All persons wilfully and maliciously, and to the Penalty on per. prejudice of the Kail-way, breaking, throwing down, damag-^J^fy"'^'"^ mg or destroying the same, or any part thereof, or any of the buildings, stations, depots, wharves, vessels, fixtures, machinery or other works or devices incidental and rela- tive thereto, or connected therewith, or doing any other I wilful hurt or mischief, or wilfully or maliciously obstructing or interrupting the free use of the Rail-way, vessels or works, or obstructing, hindering or preventing the carrying on, completing, supporting and maintainmg the Rail-way, vessels or works, shall be adjudged guilty of a misdemeanor, unless the offence committed shall, under some other Act or Law, amount to a felony, in which case such person shall be adjudged guilty of a felony, and the Court by and before whom the person shall be tried and convicted, shall have power and authority to cause such person to be punished in like manner as persons guilty of misdemeanor or felony (as the case may be) are directed to be punished by the laws in force in this Province. Fourthly, All fines and forfeitures imposed by this Act Fines how re. or the Special Act, or which shall be lawfully imposed by <'<»*«"^' any By-law, the levying and recovering of which are not particularly herein directed, shall, upon proof of the offence before any one or more Justice or Justices of the Peace for the District, County or place where the act occured, either by the confession of the parties, or by the oath or afiirma- tion of any one creditable witness, which oath or aflSrma- tion such Justice or Justices is or are hereby empowered and required to administer vrithout fee or reward, be levied by distress and sale of the offender's goods and chattels, by Warrant under the hand and seal or hands and seals of such Justice or Justices ; and all fines, forfeitures and penalties, the application whereof is not hereinbefore particularly directed, shall be paid into the hands of the Treasurer of the Company, to be applied to the use thereof, and the overplus of the money so raised, and after deducting the penalty and the expenses of the levying and recovering thereof, shall be returned to the owner of the goods so distrained and sold ; and for want of suflicient goods and chattels whereof to levy the said penalty and expense, the offender shall be sent to the common Gaol for the County or District in which he shall have been convicted, there to remain without bail or mainprize, for such term, not exceed- ing one month, as the Justice or Justices shall think proper, IM 1 1 Hi- 32 unless the penalty or forfeiture, and all expenses attending the same, shall be sooner paid and satisfied ; but every sucn person or persons may, within four calendar months after the conviction, appeal against the same to the Court of General Quarter Sessions, to be holden in and for the County or District. Contraventions Fifthly. All contravcutions of this Act or of the Special of this Act or of Act, by the Company or by any other party, for which no Special Act to be '. , •' , *^ il • i. • • j ^ t 11 t • i misdemeanors, punishmcnt or penalty IS herem provided, shall be a misde- meanor, and shall be punishable accordingly; but such punishment shall not exempt the Company, if they be the offending party, from the forfeiture by this Act and the Special Act, of the privileges conferred on them by the said Acts, if by the provisions thereof or by law, the same be forfeited by such contravention. By.ia»v8 to bo Sixthly. All By-laws, Rules and Orders regularly made, and signeT^by * ^^^ ^® P"* ^^^^ Writing and signed by the Chairman or Chairman. person presiding at the meeting at which they were adopted, and shall be kept in the Office of the Company ; and a printed copy of so much of them as may relate to or afiect any party other than the members or servants of the Com- pany, shall be affixed openly in all and every passenger car, and in all and every of the places where tolls are to be gathered, and in like manner so often as any change or alteration shall be made to the same ; and any copy of the same, or of any of them, certified as correct by the Presi- dent or Secretary, shall be deemed authentic, and shall be received as evidence thereof in any Court, without further Proviso, proof ; Provided nevertheless, that all such By-laws, Rules and Orders shall be submitted from time to time to the Governor General, or person administering the Government of this Province, for approval. Copies of min- Seventhly. That copies of the Minutes of proceedings S*evide£!^*°l|.(f .Wm,lll'• such Act for such deposit, and where such time has elapsed or the Company may have omitted to make such deposit, 6uch Company may extend the period for depositing such surveys, maps and books, absolutely for one year from the |)assing of this Act, and all surveys, maps ana books de- posited within the said year after the passing of this Act, «hall be taken to be as valid and ^ectual to aU intents and purposes as if the same had been duly deposited within the time m'^ntioned in any such Act of Incorporation as aforesaid, and any su^h omission within such extension, shall not be taken to work any forfeiture of the Charter of anj such dompany. 1 !■ 40 ii<'' Heads of Moni- cipalities not to Tote at election of private Direc- tors; unless, &c. r^i' r l'' ' |>; 1 1 1; As to Trains passing Draw- bridges. p. ,' 1 '■■ Ground adjoin- ing any Railway and belonging to the Company to be laid down with grass and cleared of weeds, &c. \ Doubta under tb« sold Act y. And be it declared and enacted, That notwithstanding any thing in the said General Railway Clauses Consolidation Act contained, it has not been, nor is, nor shall be lawful for the Mayor, Reeve or other Chief OflBcer, or other person representing any Municipality having or taking Stock in any Railway Company incorporated or to be incorporated in this Province, by any Act of this Session, either directly or indi- rectly to vote on the election or appointment of the private Directors of such Company, unless the Special Act of Incor- poration of such Company shall expressly provide therefor m the said Special Act. VI. And be it enacted, That in all cases where Railroads pass any Draw or Swing Bridge over any navigable River, Canal or Stream which is subject to be opened for the pur- poses of navigation, the Trains shall in all and every case be stopped at least three minutes, to ascertain from the Bridge Tender that the said Bridge is closed and in perfect order for passing, and in default of so stopping during the full period of three minutes the said Railroad Company shall be subject to a fine or penalty of One Hundred Pounds. VII. And be it enacted. That it shall be the duty of every Railv/ay Company, whether any of the clauses or provisions of the said ^^ct be or be not incorporated with the Act incor- porating such Company, to cause all cleared land or ground adjoining their Railway and belonging to such Company, to be sown or laid down with grass or turf, and to cause the same 80 far as may be in their power to be covered with grass or turf, if not already so covered, and to cause all thistles and other noxious weeds growing on such land or ground, to be cut down and kept constantly cut down or to be rooted out of the same ; and if any Railway Company shall fail to com- ply with the requirements of this Section within twenty days aitorthey shall nave been required to comply with the same^ by notice from the Mayor, Reeve or Chief Officer of the Municipality of the Township or County in which such land or ground shall lie, such Company shall thereby incur a pe- nalty of Ten Shillings to the use of such Municipality for each day during which they shall neglect to do any thing which they are lawfully required to do by such notice, and it shall be lawful for the said Mayor, Reeve or Officer, to cause all things to be done which the said Company were lawfully required to do by such notice, and for that purpose to enter by nimself and his assistants or workmen upon such lands or ^Tounds, and such Municipality may recover the expenses and charges incurred in so doing, and tno said penalty with costa of suit, in any Court having jurisdiction in civil cases to the amount sought to be recovered. VLlI. And for avoiding uoubts under the said Act, Be it declared and enacted, That it is not,, and shall not be lawful 4t for ary Railway Company, to take possession of, use or occupy ^^^ g^ 15 y.c, si) any lands vested in Her Majesty, without the consent of the avoWed. as to Governor in Council; but that with the consent of the Her ui^Mty. Governor in Council, it is and shall be lawful for any such Railway Company, to take and appropriate for the u; j of their Railway ana works, but not to alienate, so much of the wild lands of the Crown not heretofore granted or sold, lying on the route of the said Railway, as may be necessary for their Railway, as also so much of the land covered with the waters of any Lake, River, Stream or Canal, or of their respective beds, as may be found necessary for making and completing and using their said Railway and works ; Provided always, proviao : condi. That it shall not be lawful for any such Compa ly to cause t|o°* *^ ^'"'cu any obstruction in or impede the free Navigation of any River, may cmj^heir Stream or Canal to or across or along which their Railway fn*^' 0^81^^" may be carried, and if such Railway shall be carried across era, or naTigaWe any navigable River or Canal, the Company shall leav* open- '"'®'' ings between the abutments or piers o? their Bridge or Via- du ' ?ver the same, and shall make the same, of such clear ^r.: ': ibove the surface of the water or shall construct such Draw Bridge or Swing Bridge over the Channel of the Ri- ver, or over the whole width of the Canal, and shall be sub- ject to such regulations as to the opening of such Swing Bridge or Draw Bridge as the Governor in Council shall from time to time make, nor is it, nor shall it be lawful for any such Company to construct any Wharf, Bridge, Pier or other work upon or over any navigable River, Lake or Ca- nal, or upon the beach or bed or lands covered with the wa- ters thereof, until they shall have first submitted the plan and proposed site of such worl: to the Governor in Council, and She same shall have been by him approved ; nor shall any deviation from such f.pproved site and plan be made without his consent : Provided always that nothing contain- provUo. ed in this F. .in shall be construed to limit or aflfect any power exp, ^^' ■ tven to any Railway Company by its Spe- cial Act ot 1' IT] ^ration or any special Act amending the same : And fj v i)T provided that nothing herein contained, ProTiso. shall apply to the U, onty-f ""ond and twenty-third paragraphs of the eleventh Section of the Railway Clauses consolidv tioo Act. IX. And be it enacted. That any iuccrporated Railway ^ny Railway Company shall be authorized to construct a branch or company n»»y branches not exceeding six miles in length from any termi- Branch BaU- nu8 or station of the Railway of such Company, whenever a^onSuona^'*'" By-lav anctioning the same sliall have been passed by the Muni- j'i»i Council of the Muricipality within the limits of which 3!iK 1 proposed branch bhall be situate and any such branch shall not as to the quuUty and construction of of the restrictions which i the road be subject to any 42 may be contained in the Act of Incorporation of such Company or in the Railway Cla-ises Consohdation Acl^ nor shall any thing in eitherof the saia Acts authorise any Com- pany to take for such branch any lands belonging to any par- ty without the consent of such party first obtained. Act to apply to X. And be it enacted, That the provisions of this Act shall all RMiways. f^^^ ^hc passing thereof apply to every Railway made or to be made in this Province. I;'' i I 11 m ich lor Dm- 5ar- lall Ir to INDEX. ^^^» , Sec. Sec. *A pplies to every Railway, thereafter authorized to be constructed, 1 Interpretation of Terms used in, 7 Incorporated with Special Acts, 1 All its clauses applied to Special Acts, except as expressly varied, 1 Forms part of Special Acts, 1 How to be cited in Acts and legal instruments, . . 2 SuflScient to describe clauses incorporated with Spe- cial Act by the heading of the clauses in Gene- ral Act, S Interpretation Act incorporated in certain respects, . 7 Contraventions of, misdemeanour, and punishable accordingly, 20 6 Punishment, not to exempt Company from such for- feiture of privileges as by Law provided, . . 20 5 Corporations formed under, may be dissolved, or annulled by the Legislature, 22 12 Nothing in Act to affect rights of Her Majesty or of any person or Corporation, such only excepted, as are therein mentioned, 22 13 Alterations, may be made in Act, without infringe- ment of rights of Companies, Incorporated under Acts of 14 and 15 Victoria, and subse- quent Acts, 22 14 Railway Protection Act, applies to every Railway made or to be made after its passing, 16 Vic, Cap. 169, 10 ACCOUNT, Of names and residence of Shareholders to be kept, 22 3 Annual Account to be submitted to the Legislature, within 15 days of opening of Session, ... 22 6 To be attested, 22 5 Classified statement of Passengers to be prepared, . 22 5 Any alteration of Provisions as to such, no in- fringement of Act, 22 6 * The references, are to Sections and Sub-S«ction8, of the Acts. i . 44 ACTIONS, rrovisions as to, All suits for indemnity, to be instituted within six months after damage sustained, If damage be continued, within six months after cessation, General issue may be pleaded, To lie for neglect or refusal to carry passengers or goods, For £2, to lie for refusal of check, May be instituted by Municipalities to recover ex- pences incurred by Municipality in clearing lands of Company, 16 Vic, Cap. 169, . . . ARBITRATORS, To be appointed by Judge, to arrange all diflferences as to intersections of roads, ....... Judge of County or District, may appoint Arbitrator to estimate value of land, Judge, in case Arbitrators disagree, may name Umpire, To be sworn, before a Justice of the Peace, . . . Their award shall be final and conclusive .... One day's Notice of Meeting to be given to Arbitrators, If amount awarded be not greater than that ten- dered, costs to be deducted from the compensa- tion, If greater to be paid by the Company, .... Have power to examine on oath, If award not made on day fixed or prolonged, sum offered to be the compensation, How appointed, in lieu of others, Not disqualified by reason of professional employ- ment, &c., Objections to be urged before appointment, . . . If objection determined to be valid, appointment null, Award of, not null for want of form, Chief Officer of Indian Department to appoint Arbi- trator as to Indian lands, BADGES, To be worn by servants of the Company, .... Sub Sxo. Skc. 20 20 1 20 1 20 r 21 2 21 3 9 15 11 9 10 11 11 11 12 12 13 14 15 17 11 11 18 11 22 21 1 45 BAGGAGE, Sm&a Checks to be attached to, 21 3 Oontents of lost Baggage may be proved by Passen- gers, 21 3 BEACH, May be taken by Railroads, 9 3 Extent of that may be taken, 10 10 BONDS, May be payable in Currency or Sterling, and in this Province or elsewhere, 9 11 BOOK OF REFERENCE, To be made, 10 1 To contain names of owners and occupiers, ... 10 1 Errors in names 'n, not material, 9 4 To be examined by Surveyor General, 10 1 Copies to be deposited with Clerks of Peace and Secretary of Province, and Company, .... 10 1 Triplicates and certified copies, evidenee of, ... 10 1 Omissions in how corrected, , . 10 2 Certificates of omission, to be made by Justices of Railway to be made in conformity with such certifi- cate, 10 2 BRANCH RAILWAYS, May be made, if authorized by Special Act, ... 9 8 BRANCHES, Six miles in length may be constructed if sanctioned by a By-law of Municipality, 16 Vic, Cap. 169, 9 Such Branch not subject to restriction as to quality contained in Special or General Act, 16 Vic, Cap., 169, 9 Lands necessary for, must be procured with consent of owner, 16 Vic, Cap. 169, 9 BRIDGES, Regulations as to, 12 Height of Arches of Bridges, 12 3 Descent under Bridges, 12 3 Ascent of Bridges, 12 4 Fences to be made on each side of, 12 4 Trains to stop three minutes at Drawbridges over navigable waters, 16 Vici Cap. 169, .... 6 ?; i' r.,,ii I: Iv.l 48 Sub BRIDGES.— CW^mMci. Sio.Skc . Openings to be left between Piers of Bridges over navigable waters, 16 Vic, Cap. 160, ... . 8 To be made over navigable waters, under such regulations as Governor in Coxincil may direct, 16 Vic, Cap., 169, 8 Plans to be submitted to Govemoi , 16 Vic, Cap. 169 8 Certain provisions as to effect of this eighth clause, 16 Vic, Cap. 169, 8 BY-LAWS, May be made as to Tolls, 14 1 Not to create a monopoly as to Tolls, 14 1 By-laws regulating Tolls, subject to revision by Governor in Council, 14 6 To be made for management of property, ... 16 9 To be made for appointment of Officers, .... 16 9 May authorize Directors to regulate Tolls, .... 14 1 Vacancies in Board to be regulated by, .... 16 Form of Debenture of Municipalities, to be regulated 1 by, 18 2 By-law to be adopted by Electors, before Municipal- ities can take stock or incur liabilities. ... 18 3 Such By-law to be four times published in News- papers, and posted 18 3 Of Company to be put in writing and signed by Chairman, 20 6 Printed copy of certain By-laws, to be affixed in carriages, 20 6 By-laws to be submitted to Governor for approval, 20 6 Evidence of, . . . T 20 7 How made, 16 10 CALLS, Thirty days notice of, to be given, 16 10 Not to exceed amount prescribed by Special Act, . 16 10 Nor at less interval than two months from previous call, 16 10 Nor a greater amount in one year than prescribed by the Special Act, 16 10 Interest to accrue on, in case of default, . . . . 16 11 May be suedfor, 16 12 Sdb >.Sxc . 1 1 5 9 9 1 1 2 3 3 6 47 Sub CALLS. — Continued. Saa S«o. Special matter not necessaiy to be set forth in action for, 16 13 Shares may be forfeited on neglect to pay calls, for two months, 16 15 Notice of, to be published weekly, in Canada Gazette, 16 24 CANADA GAZETTE, Sales of unclaimed goods, to be advertised in, . . 14 1 By-laws and Orders of Council, as to Tolls, to be advertised in, 14 4 Orders in Council reducing Tolls, to be published in, . 14 6 Notices of calls and meetings to be published weekly in, IC 24 Such Gazette evidence of notice, 16 24 CERTIFICATE, Of Surveyor, to accompany notice as to lands, . . 11 V Certificate of forfeiture of Shares to be given and registered by Treasurer, 1618 Of absence or illness of President at a meeting, to be given by Seretary on payment of 5s. . . . 16 23 CHECKS, To be affixed to baggage, 21 3 Duplicates to be ^ven, 21 3 Action to recover £2, to lie for refusal to attach checks 21 3 No fare exigible, if check refused, 21 3 Passenger producing check, himself a witness, . . 21 3 CLAUSE, The term means any separate section of the Act, or of any other Act, destinguished by a separate number, 7 2 CLERK OF PEACE, Meaning of Term in Act, 7 2 Copies of Plans and Books of reference, to be deposited with, 10 1 To receive 6d. per 100 words for extracts, .... 10 1 Copies certified by them, evidence, 10 1 To receive and retain copies of Plans and Surveys, .10 5 '- '^ To permit inspection and making copies of Plans, .10 5 Subject to a penalty for refusal, 10 6 To certify copies, 10 6 tl, V V). < ¥■ ' 'i 1^.. m.' 40 COMPENSATION, 8«o.Sk! To be made to owners of land taken under Special Act, as provided by General Act, 4 COMPANIES, " The Company, " meaning of, 7 2 Established under Special Acts, are bodies politic and corporate, 8 Have power to take donations of lands for Railway purposes, 9 1 Have power to purchase land of Corporalions and sell the same, 9 2 Have power to take public beach or land covered by river, 9 3 Have power to lease the same, 9 3 Such lease only to be during time beach or land is required for the Railway, 9 3 Not to obstruct the navigation of livers, .... 9 3 Have power to borrow money, to complete Road, . 9 11 Not to pay more than 8 per cent, interest therefor, . 9 11 May make their bonds therefor payable in Province or elsewhere, in Currency or Sterling, ... 9 11 Have power to sell their bonds at discount, if necessary, 9 11 May mortgage their lands, revenues or property, . 9 11 May enter upon lands of Her Majesty, or other person on line of Road without license, * 9 12 Have power to make survey on lands necessary for Railway, 9 13 May set out lands necessary for Railway, .... 9 13 May fell trees within six rods of Railway, .... 9 14 May cross, intersect, join and unite their Road with any other Road, 9 16 Not to build Road, till Plans are deposited, ... 10 4 In Upper Canada, in case of incumbrances or re- fusal to convey, may pay compensation into OfBce of Superior Court, 11 20 If in Lower Canada to pay same into Prothonotaries Office, 11 21 •Butse«, 16Vic.,cap. 169, 8 4ft COMPANIES.— Con all charges, public, local or muni- cipal, in Lower Canada, 22 10 May be prosecuted by Officers of Municipality before Circuit or Commissioners Court, 22 10 Service in such action, how made, 22 10 Amendments made to this Act, no infringement of rights of Companies, 22 14 In all cases to sow or lay down all cleared land bcr lon^ng to Company with grass or *urf, 16 Vic^ Cap., 169, 7 To cut down thistles and noxious weeds, 16 Vic, Cap. 169, 1 To be notified so to do by Chief Officer of Munici- pality, and on neglect, subject to a penalty of 10s. per diem, 16 Vic, Cap. 169, 1 Unlawful for them to obstruct navigable waters, 16 Vic, Cap. 169, 8 To leave openings in their Bridges over navigable waters, 16 Vic, Cap. 169, 8 To submit plan of Wharfs, Bridges, &c., over navigable Rivers, before they can construct works 16 Vic, Cap. 169 8 Powers however expressly given by Special Act, not affected by this clause, 16 Vic, Cap. 169 ., . 8 Have power with sanction of a By-law of Munici- pality to make Branches 6 miles in length, 16 . Vic, Cap. 169, 9 ■. 8 8 10 11 10 10 10 51 CONFIRMATION OF TITLE, 8w Szo. Sio. Id Lower Canada, mode of obtaining by Companies, where conveyance is refused, or owner cannot be found, 11 21 CONTRACTS, For sale of land by Corporations, Trustees, &c^ valid,. 11 1 Made before deposit of Flans and setting out of lands, by person thereby authorised for convey- ance of land, binding, 11 8 Even although in the interim a third party acquire the same,. 11 2 Possession rf such land may be taken, 11 2 For compensation for land of joint proprietors made with one, binding on others, 11 4 Contracts for land may be made, after one month's deposit of maps, &c., and notice, 11 5 CONVICTION, . Before Justices, under this Act, appeal from, ... 20 4 To be Appealed from within four months, . . . • 2C 4 cr TY, Term implies, Union of Counties, County Ridings or like divisions of Counties in the Province or any division into separate Municipalities in Lower Canada, 7 2 CORPORATIONS, May convey land to Railroad Companies, .... 11 1 Who cannot by Law sell lands, may lease the same, 11 3 For payment of Rent therefor. Railways and Tolls are pledged, on registration of deed, .... 11 3 Formed imder this Act, may be annulled or dissolved by Legislature, 22 12 Such dissolution, not to impair remedies against ■ Company or Shareholders or Servants, for lia- bility previously incurred, 22 12 CROSSINGS, Signboards to be erected across the Highway, where Railway crosses, 12 5 DEBENTURES, May be issued by Companies, 9 11 ' ' May be payable in Currency or Sterting, in this Pro- vince or elsewhere, .......... 9 11 I ,1 I; I'l I. Ill ■n.'^-r 'M'^rn" 12 ill PEBENTURES.—Confantterf. " . >. v g„ Sio.Sso. Not to be issued by Companies for a leas sum than iwenty-five pounds, 9 11 Of Companies may be indorsed or guaranteed by Municipalities, ..18 1 Municipalities may issue Debentures not less than JC5, 1 8 1 Such Debenture may bear interest, 18 1 Such Debentures, valid if in conformity -with By-law, 18 2 Corporation Seal not required thereto, . . . . IC 2 Forging of, a felony, ^. . 22 9 DIRECTORS, Quorum of, to be settled by Special Act, .... 16 7 At any Meeting competent to use power of Directors, 16 7 Only entitled to one Vote, 16 7 Subject to control of Shftrehold^rs and to directions, at Annual Meetings, 16 7 Subject to the By-laws, 16 7 Act of a quorum^ the Act of the Directors, ... 16 7 No person, holding ofiSce in Company ot interested in contracts eligible, as, 16 8 To make By-laws for the management of property and affairs, for appointment of OfBcers, Ac, .16 9 May from time to time make calls, .-.,.. 16 10 May sell or pledge forfeited or unsubscribed shares, . 16 17 To keep and make an anni:sl account of receipt* and expenditii-es, 16 20 May pay interest, during the completion <^Road, on monies paid in, 16 21 To appoint OflScers, taking security from them, . . 16 22 Bllection of, (*ee Election,) May regulate aud ux Tolls, if authorised by By- laws, 14 1 Shall prepare and post a Tariff of Tolls, .... 14 3 To be chosen annually by a majority, 16 1 It election is not held on the day appointed, Diroc- . torg to canse it to be held within 80 days, . . 16 1 Vacancies, regulated by By-laws, ...... 16 1 Directors must be Stockholders qualified to vote, . 1€ 1 Directors firsi" appointed or those appointed in their 8t«ad to remain till Ann.t«U ESleuti<»i^ . , . . 16 5 •i Sob so. DIRECTORS.— Confo*nM«rf. Directors may fill vacaucies, ........ To elect a President, To elect a Vice-President, May require Secretary to enter in proceedings absence of President, ........... The head of a Municipality taking Stoclt, to amount of £5000, ex officio a Director, May call a Meeting expressly to increase Stock, . . To mail notices of such Meeting to ench Shareholder, Notices by Secretary, by order of Directors, deemed of notices of Directors, DIVIDENDS, May be declared at General Meetings of Shareholders, To bo so much per share, and none to impai? Capital of Company, \ » • No dividend to be paid on a share on which a call has been made, till payment of call, .... DOWBR, Mode of relieving lands taken by Company from Dower, and other incumbrances in Uppcir Canada, in certain case^ ....... DRAW-BRIDGE, . - < ,. .. Trains to ftto'> three minutes at every such Bridge over navigable waters under a penalty of £100, 16 Vic, Cap. 169, ......... ELECTION OF DIRECTORS, Shareholders to vote at, . If election is not held on day fixed, to be held within 30 days, . At such election, none to vot6, who would not have been entitled to vote at such meeting, . . > Vacancies to be filled as provided, by By-laws, . . Number <^ voted cast by each Shareholder, to be u proportion to his shares, Votes mAy be taken by proxy, ....... ■I' A majority of votes to govearn, ....... Acts of majority, acts of the Company, .... EVIDENCE, Triplicates of Plans and Books of Reference, to be evidence, S0i SsaSso. 16 5 16 6 16 6 16 23 18 4 19 2 19 2 ?) 7 16 20 16 20 16 20 11 20 6 16 ii;i 16 1 :4 ; , ( 16 1 16 16 ■8 16 3 16 4 1;, 16 4 l!]-' 10 f i •I EVIDENCE.— CoiKtntMjrf. j'rr; e> i li iV i . Jj> , Copies certified, to be evidence, . . ; . . . . Copies or extracts certified by Clerks of Peace, evi- dence, Certificate of Proprietorship, evidence of title of Shareholders, Certificate of Treasurer, evidence of forfeiture,. . . Certificat'j by Secretary of absence of President, privTM facie evidence thereof, Gazettes containing notices of mect'ings or calls, cob- clnsivci evidence of the sufficiency thereof, . . Copy of By-laws, certified by President or Secre- tary, evidence, Copies of minutes extracted and certified by Secre- tary, evidence, Passenger, a witness to prove coutent» of Baggage, not deKvered to him, r.Y s«* Sko.Sic. 10 1 10 6 FELONY, FENCES, Forging Debentures or Coupons, Uttering the same knowing them to be forged, . . Being accessory before or after, to the ofiTence, . . If bodily harm is sustained, or property injured by wilful and malicious displacement or obstructions with intent to injure the ofiimce amounts to felony, 16 Vic, Cap. 169, 16 14 16 18 16 23 16 24 20 6 20 7 21 3 22 9 22 9 22 9 FINES, Provisions as to, To be erected at Bridges, To be erected on each side of Railway, .... Damages to cattle occasioned before the erection of fences, to be paid by Companies, Dividing fences to be erected within six months, if proprietors require it, To be made and kept in repair by Companies, . . And forfeitures under the Act, howjenforced, . . . How Implied, In default of Goods, offender may be committed to Gaol, 13 12 4 13 1 13 1 13 2 22 10 20 4 20 4 20 4 FORFEITURES, Sob ScoSbo. Of Shares, to go to the benefit of Company, . . . lb 15 Must be declared at a General Meeting, .... 16 10 An Indemnification to Shareholders, against actions, 16 16 Certificate by the Treasurer of forfeiture, evidence thereof, 16 18 FORGING, Of Debentures or Coupons, a felony, 22 9 Uttering the same knowing them to be forged, felony, ............. 22 9 ■ Being accessory thereto, before or after the fact, felony, 22 9 GOODS, Everything conveyed by Railway or upon Steam or other Vessels connected therewith, .... 7 2 May be seized for Tolls, 14 1 Remaining unclaimed for 12 months, to be sold, . 14 1 Balance of sale after deduction of expenses, to be held three months, and if unclaimed, paid over to the Receiver General, 14 1 Of a dangerous nature, the Company cannot be com- pelled to carry, 22 8 Forfeitureof£5forsending'sueh Goods, without notice, 22 8 HEADING, Introduction of heading, of enactments of Ge! al Act, in Special Acts sufficient, 3 HIGHWAYS, Term, comprehends all public Roads, Streets, Lanes, and other Public Ways and Communications, . 1 2 Regulations as to, 12 Railway not to be carried along a Highway, without consent of Municipality, 12 1 May cross the same, 12 1 Passage to be left for carriages, during construction of Road, 12 1 Highway to be replaced on completion, .... 12 1 Rail, if of certain dimensions, no obstruction, . . 12 1 Dimension of Railway at crossing, 12 2 '' Signboards to be erected across the Highway, . . 12 f: t-' '■ ^ii ,3' ""V" PA'' m § Hi' It INDIAH3, 'i V S» SsaSsc. Their lands may be taken, but compensated for, . . 11 22 Amount to be paid to Chief Oficer, of Indian Deport- ment, 11 22 INTEREST, Paid by Companies on Loans, not to exceed eight per cent., 911 May be paid to Shareholders, upon special advances, 16 19 Legal rate to be paid thereon, 16 Id But such interest lot to be paid out oi Capital sub- scribed, 16 19 Interest at six per cent., may be paid during construction to Shareholders, on all monies paid in, 16 21 May be paid at places and times appointed, . . . 16 21 None to accrue on Shares, while calls are unpaid thereon, 16 21 Nor to be taken from the Capital of Company, . . 16 21 INCORPORATION, , Every Company established under a Special Act, a body politic and corporate, 8 Incidents of such bodies. Page 6 note. Comioanies invested with necessary powers, ... 8 If Railway be not commenced, and >n per cent, expended, within three years after tho passing of Special Act, corporate existence of Companies to cease, 22 6 Likewise, if it be not put in operation within ten years, from passing of Special Act, .... 22 6 Members of such bodies exempted from personal liability. Page 6 note. INTERPRETATION ACT, Forms part of this Act, in particulars, not provided for therein, 1 3 INTERPRETATION, Of Terms in Acts, 7 INTERSECTION, May be made of any Railway with any other Railways, 9 16 Owners of Roads may unite for intersection, ... 9 16 If they disagree, an Arbitrator to be appointed, . . 15 »7 INTOXICATION, ' e. f" ' Sbo. Seo. A misdemeanor in Conductors, 21 7 JUDGE, Of District, Circuit or County Court, to appoint sole Arbitrator for valuation of land, 11 9 When two Arbitrators named, and disagree, as to choice of a third. Judge to appoint Umpire, . 11 10 Costs of arbitration may be taxed by Judge, . . 16 12 Who appoints Arbitrators, to fix a day for making of award, . 11 14 May prolong the day, .........* 11 14 May appoint Arbitrator in lieu of others, when, . 11 15 To determine summarily on objections urged to Arbitrator, 11 17 May isBiie warrant to put Company in possession of lands, 11 19 JUSTICES OF PEACE, Omissions in Book of Reference, corrected by two Justices, .... 10 2 Such omissions certified by them, 10 2 Justice, meaning of term, 7 2 " Two Justices, " meaning of expression, .... 7 2 LANDS, Meaning of term, 7 2 " The Lands," meaning of, . . , , 7 1 Railway may be carried across, 9 4 May be acquired by Companies, 9 2 May be given to Companies, 9 2 May be sold by Companies, 9 2 May be entered upon, on the Line of route without license, 9 12 Parts, necessary for Railway, may be set apart, . . 9 13 Lands taken without consent of proprietor, not to exceed thirty yards in breadth, 10 9 Larger extent may be so taken for Stations, &c., . . 10 9 Extent of land covered with waters of a river, that may be taken, 10 10 How conveyed, 11 All Corporations, Tenants in tail. Guardians, Trustees, &c.f may sell lauds, .11 1 5S LANDS.— Continued. tii.'t R?l m Agreements for sale of, before deposit of books, binding, Bven though land have become the property of a third person, Possession of, may be taken under agreement of sale, made before deposit of Flans, .... Of GorporatioTis who cannot sell, may be leased, . An agreemerit for value thereof, made by one joint proprietor, binding on others, Application for taking lands, <&c., may be made \nthin one month from deposit of Flans, to proprietor, Contents of notice as to taking land, If party is absent from District or County, applica- tion to be made to Judge, to publish notice, . If sum offered is not accepted, or an Arbitrator offer- ed. Judge may appoint Surveyor as Arbitrator,. If Arbitrators are named, the two may appoint a third, or incase of disagreement, the Judge may, Costs of award, by whom payable, On award and payment, or tender of compensation, or deposit, may be taken possession of, . . . Possession how enforced, Compensation for, to stand in place of land, . . . If incumbrances feared, or conveyance refused. Com- panies in Upper Canada may pay compensation into hands of 0£Scer of Superior Court, . . If lands be situate in Lower Canada, in like cases, money to be paid into Frothonotaries Office, . Lands of Indians taken, to be paid for, .... Land of the Crown, reserved for Nayal or Military purposes, may be occupied on License of the Governor, License, how obtained, Cleared land of Companies, to be laid down in turf, and cleared of thistles and weeds, 16 Vic, Cap. 169, Lands of Her Majesty, not to be taken without consent of Governor in Council, 16 Vic, Cap. SVB Sao. Sbo. 11 2 11 2 11 2 11 3 11 11 5 11 7 11 8 .11 9 11 10 11 12 11 19 11 19 11 20 11 20 11 21 11 22 11 23 11 23 8 5^ LASDS.— Continued. With that consent, nngranted Tvild lands may be taken for the use of the Railway, but not dien- ' ated, 16 Vic, Cap. 169, Lands for Branches of six miles, to be acquired with consent of owner, 16 Vic, Cap. 169, .... LEASE, Where used in Act, means also agreement for Lease, leased, MAIL, To be conveyed by Companies, on such terms and under such regulations, as the Governor in Council may make, MANSLAUGHTER, If life is lost, by any wilful or malicious displacement ". or obstruction, with intent to injure, 16 Vic, ■ Cap. 16», MAYOR, Or other Chief OflScer, representing a Municipality, not entitled to vote for Private Directors, 16 Vic, Cap. 169, . . • When Director ex-officio, May notify Company to sow their land with grass, and to clear away weeds, 16 Vic, Cap. 169, . On their neglect, may enter upon their lands and cause the same to be done, 16 Vic, Cap. 169, . Such expenses incurred, may be recovered by the Municipality, 16 Vic, Cap. 169, MEETINGS, General Meetings shall be held, Directors to be elected at Annual Meeting, . . . Method of calling to be settled by Special Act, . . General business to be transacted at Annual Meetings, I Dividends to be declared at General Meetings, . . Notices to be published weekly, in the Canada Gazette, MINUTES, To be kept in writing of all By-laws, Rules and Orders, Seo. Sk0. 8 9 • 7 2 11 3 22 2 5 18 4' 7 7 7 16 16 1 16 2 16 5 16 20 16 24 20 6 •%f •^\ir: f'^l m w- li- " i| 60 Su* W:Sin!ES.— Continued. 8m.Sb9. Copies thereof, extracted from Minute Book by Secretary, and certified, evidence, 20 6 A full account of all Proceedings of Directors and Companies to be kept, 22 3 MISDEMEANOR, Persons obstructing Railway, or works incidental thereto, guilty of, 20 2 Punishment for, 20 2 Wilful destruction of Railway or works, a misde- meanor, unless it amounts to felony, .... 20 3 Punishment for, 20 3 All contraventions of this Act, a misdemeanor, . 20 5 Officer or Agent directing or suffering, or Con- ductor leaving baggage cars in rear of pas- senger cars, guilty of^ 21 4 Conductors intoxicated, guilty of, 21 7 Wilfully and maliciously displacing or breaking down , any portion of Railroad, or placing obstructions with intent to injure persons or property, 16 Vic, Cap. 169, 1 MORTGAGE, Companies may mortgage their lands, revenues, \ i Sea NOTICE.— Confmuerf. ^;:,' Sm-Sbc. Meaning of word '* owner " as regards^ notices, . . 7 2 Notice to be published with respect to title of Com- panies, to lands incumbered, 11 20 Notice may be given by Municipality to Company , , to clear lands of weeds, 16 Vic, Cap. 169, . . T OFFICERS; s .* Appointed by Directors, 16 22 Their duties prescribed by Directors, 16 9 To give security, 16 22 OFFENCES, Wilfully or maliciously displacing or removing switches, or injuries done, or obstacles inter- posed, with intent to injure, misdemeanor, 16 Vic, Cap. 169, 1 Punishment therefor, 16 Vic, Cap. 169, ... . 1 If bodily harm be sustained, or property injured thereby, such acts amount to felony, [16 Vic, Cap. 169, 1 Punishment therefor, 16 Vic, Cap. 169, .... 1 If in consequence of such malicious acts life be lost, manslaughter, 16 Vic, Cap. 169, ..... 2 Punishment therefor, 16 Vic, Cap. 169, .... 2 If injury be done to Road, or stoppage occasioned, acts punishable as misdemeanor, 16 Vic, Cap. 169, 3 PASSENGERS, May sue for damages caused by want of accommo- dation, ....... 21 2 }L^!>y recover £2, if Check be refused them, ... 21 3 Competent witnesses as to value of baggage lost, . . 21 3 Who refuse to pay the fare may be ejected, ... 21 6 Injured while on Platform or other forbidden place, not entitled to claim for injuries, ..... 21 8 PENALTY, For refusal of Clerk of Peace to permit inspection of Plans., (be, 10 5 ; , For contravention by Companies of regulations as to construction of Railway across the Highways, 12 1 Forneglect of provisions as to Signboards at crossing, 12 5 6S PENALTY.— C;."'A.t-JT ' ' ■ ' i- V "' mi '■A m 66 SHABLS.— Conftnwerf. So» SsaSscv Regulations as to Transfer, 17 Shares may be sold by instrument in writing, ... 17 1 Form of such instrument, ......... 17 2 Personal Estate, 17 3 Not transferable till previous calls paid in, or Shares forfeited, 17 3 Transfer of less than a Share invalid, 17 3 Statement of transfer of Shares, with copy of probate of will or extracts therefrom, and such other'proof as may be necessary to be deposited with Company, 17 4 Receipt of party or one of them, in whose names Shares stand, a sutficient discharge, .... 22 1 SHERIFF, Meaning of the word as variously used in the Act, . 7 2 SPECIAL ACTS, Interpretation of certain Terms in, 7 Are incorporated with General Act, 1 Substance of clauses in General Act, which are described in Special Act, incorporated. ... 3 Power to take land and construct Railroad, subject to Special Act, 4 To determine mode of calling General Meetings, and time and place, of first meeting for election of Director, 16 2 To state number of Directors, 16 1 To settle the quorum of Directors, 16 7 Without infringement of, further provisions may be made as to Mails, Military, and Telegraphs, 22 2 Further enactments may be made as to Annual Accounts, 22 5 Railway to be commenced, and ten per cent. expended within three years from passing of Special Act, or Company cease to have a corporate existence, 22 6 If Railway be not in operation within ten years from passing of Special Act, corporate powers cease, 22 6 Every Special Act, a Public Act, . r .... 22 11 Alterations of this Act, no infringement of rights of Companies organized by Special Acts, . . 22 14 $1 SPECIAL ACTS-^Continued. STOCK, Corporation, formed under General Act may be dissolved by the Legislature, The Capital Stock may be increased from time to time, Such itkijrease must be sanctioned by a vote of two- thirds of all the Shareholders, Provisions as to increase, The funds of the Company not to be used for purchasing their own or other Stock, .... SUMMONS, For contravention of Municipal Regulations in Lower Canada, may be served on Clerk, or other OflScer in charge, SUPERIOR COURTS, Term, means Courts of Chancery, Queen's Bench, and Common Pleas in Upper Canada, and Superior Court in Lower Canada, TELEGRAPH, To be placed at disposal of Government, .... Further enactments as to, may be made, without infringement of this or Special Act, .... TOLLS AND FARES, Meaning of word " Tolls," Regulations as to, Pledged for payment of rent of lands, taken from Corporations unable to sell, on registraion, , . How fixed and regulated, May be recovered by Suit, Goods may be seized for Tolls, May be lowered or raised by By-law, Same Tolls payable on all goods and persons, . . A fraction in distance to bo reckoned a milt . . . Fractions of Fares, to be estimated according to Quarter Tons, Tariff of Tolls to be posted, No Tolls to be levied, till By-laws approved and published with Order in Council, By-laws regulating Tolls, subject to revision by Governor, SCB 810. Sac. 22 12 19 19 19 19 14 U 2 2 22 10 2 2 2 2 1 22 22 7 U 11 14 14 14 14 14 14 14 2 14 3 4 5 i: m ft ;^*: 68 TOLLS AND ¥ ABES.— Continued. Sob SecSko. M^y be reduced by Order in Coupoil, 14 6 None to be collected from passengers refused a Check, 21 3 Passengers refusing to pay Fares, may be landed. .21 6 May be reduced by the Legislature, but not without consent of Company, or so as to produce less than 15 per centum, 22 7 TRAINS, To start at regular hours, 21 2 To be furnished with suflScient accommodation for transportation, 21 2 Action to lie for neglect or refusal to transmit, . . 21 2 Baggage and freight cars not to be placed in rear of Passenger Cars, 21 4 Locomotives to be furnished with bells, .... 21 6 Bells to be rung, 21 5 Shall be stopped three minutes, at every Draw or Swing-bridge over navigable rivers, 16 Vic, Cap. 169, 6 Penalty for not so stopping, £100, 16 Vic:, Cap. 169, 6 TRANSMISSION, Of Shares, evidence of to be deposited in Office of Company to entitle to Share of profits or to vote, 17 4 TREASURER, Certificate of, evidence of forfeiture and purchase of Shares, 16 18 Certificate to be enregistered by, ....!. 16 18 TREES, May be felled or removed to the distance of six rods of Road, ' .... 14 9 VICE PRESIDENT, Chairman in absence of the President, .... 16 6 In absence or illness of President, vested with his powers, 16 23 Then competent to sign Bills, Notes and Instruments, 16 23 And to perform other Acts, required by By-laws, of President, 16 24 In absence of President, to attest, on oath, the Annual Statement, 22 6 FINIS. tarn ^immm. I i 7 2 2 2 4 5 5 1 ! 18 18