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Les diagrammes suivants illustrent la m6thode. 1 2 3 32X 1 2 3 4 5 8 -«» (d) Ct.)C - / ,w^-, >''i1 ACTS INCORPORATING THB %^ i# ffit*mil8Ji-il'^ #«^ |j i )H')f i| i « i i|i M i iw' WTEfl i^? THBSEVmAL AMENDMENTS TEEBmO: ToaBTHEBwrm THB Aor GBABAlSTBBiNG THE PBOVISCK TO BONDS OF RAILWAY COMPANIES: MOWlBlSe MUNICIPAL COSWRASIOlilS TO Sir^taECBS! lOB w COMPANY. ^3 \ HAmT.'roN.C.W.; i,'j£|ALijfee«j:V.-. L^aiffiLaiA fc^^^'-'^ ' iF?ft ■^ii^ ACTS INCORPORATING THE §XHi Wtdm t{d-%nl Cunip^. WITH THE SEVERAL AMENDMENTS THERETO : TOGETHER WITH THE ACT GUARANTEEING THE PROVINCE TO THE BONDS OF RAILWAY COMPANIES: AND THE \ » ACT EMPOWERING MUNICIPAL CORPORATIONS TO SUBSCRIBE FOR STOCK IN THE GEEAT WESTERN RAILROAD COMPANY. \K. HAMILTON, C.W.: PRINTED AT THE SPECTATOR OFFICE. 1850. i:*t'^ ' ' % / # m m m I w ACT INCORPORATING THE GREAT WESTERN RAILROAD COMPANY: ORIGINALLY CHARTERED AB "THE LONDON AND GORE RAILROAD COMPANY:" WITH THE AMENDMENTS THERETO, "Whereas certain Inhabitants of tlie District of London, and others, liave petitioned for the pas- sing of a law, incorporating a Joint Stock Company, for the purpose of constructing a single or double track, wooden or iron Railroad or waj^, commencing at the Town of London, in the London District, and extending to the Harbor of Burlington Bay, at the head of Lake Ontario, in the District of Gore, and also, to the navigable waters of the River Thames and Lake Huron ; And, whereas it is expe- dient to incorporate a Joint Stock Company, for the purpose hereinafter mentioned ; Be it, .'] ' ^' IV. And be ite-icted. That whatever sum of compen^n- money may be finally awarded to any i)ersoi] orS'shairifj persons, for compensation for property required to ?Sn7h"fS be occupied, or for damages occasioned by the iJlTblf ro^ interference of the said Company, with his, or their ''""''^' property, rights or privileges, shall be paid Avifhin three months from the time of the same bein^* awarded ; and in case the said Company shall taU to pay the same within that period, then their rights to assume any such preperty, or commit any act, in respect of which such sum of money was awarded, shall wholly cease, and it shall be lawful for the proprietor to resume his occupation of such proper- ty ; and to possess fully his rights and privileges in respect thereof, free from any claims or interference of the said Company. V. And belt enacted. That the London andg/"":?''"^ Gore Rail Road Company, shall have full j)ower t^o"^expior8 and authority to explore the country lying between SScnd- the town of London, in the London District and roafiLrap- Burlington Bay ; and also lying between the said hoKd *" town of London and the navigable waters of the '^ Srau River Thames ; and also, between the said Town"""'* of London and Lake Huron ; and to designate and establish, and for the said Company to take, appropriate, have and to hold, to and for the use of them and their successors, the line and boundaries of a double or single Rail Road,with their necessary .jijuuj i am ii i i m i ii rinn ii nrf"" " 8 !Rail Ways, to connect tlie town o^ London, in tlie Londcn District, with Burlington Bay, tlie naviga ■ ble waters of the River Thames, and ako Lake Huron ; and for the purposes aforesaid, the said Make roads, Q^j^p^jjy^ their agcnts, scrvants and workmen, are here by authorised and empowered to enter into and upon the lands and grounds of and belonging to the Kino-'s Majesty, his heirs or successors, or to any othe° person or persons, bodies politic or corporate, and to survey and take levels of the same, or any part thereof; and to set out and ascertain such parts thereof as they shall think necessary and proper for making the said double or single Rail Road, and all such matters and conveniences as they shall think proper and necessary for making,^ effecting, preserving, imprcving, completing and using on the said intended Kail Road, and also to make, build, erect, and set up, in and upon the route of the said Rail Road, or upon the lands adjoining, or near the same, all such works, ways, road-, and conveniences as the said company shall think requisite and con- venient for the p arposes of the said Rail Road ; and «„d"t-ai"rw itlso, from time to time,to alter, repair, amend,widen, Kriienu pur- or enlarge the same, or any other or the convenien- *'"*'"' ienccs above mentioned, as Nvell for carrying or conveying goods, commodities, timber, and other things, to and from the said Rail Road — as for carrying and conveying of all manner of materials necessary for making, erecting, furnishing, altering, repairing, amending, widening, or enlarging the works of and belonging to the said Rail Road ; and also, place, lay, work, aad manufacture the said materials on the ground near to the place or places where the said wcrks, or any of thorn are, or shall be intended to be made, erected, repaired, or done ; erect main unde comr keep andi using and F allot neces servi] Rail this J damn powe !- factic to be lands be la said ( and r the t] single by a made or sin shall Iconst mme, ^hanc shall [Cora] in tlie aaviga ■ 3 Lake le said en, are ito and r to the to any porate, or any li parts proper id, and 7 shall tecting, on the , build, :he said ear the niences ad con- id ; and ,widen, venien- j'mg or other —as for aterials Itering, ig the 1 ; and le said ' places >r shall ■ done ; 9 ahd to build and construct the several works and erections belonging thereto; and also, to make, maintain, repair and alter any fences or passage under or through the said Rail Road, or which shSl communicate thereto ; and to construct, erect, and keep in repair any piers, arches, or other works, in and upon, and across any rivers or brooks,for making using, maintaining, and repairing the said Rail Road and side-paths ; and also to construct, make, and do all other matters and things which they shall think necessary and convenient ibr making, effecting, pre- serving, improving, completing, and using the said Rail Roa:l, in j)ursuance, and in the true meaning of this Act, they the said Company, doing as little damage as may be in the execution of the several powers to them hereby granted, and making satis- !- faction in manner herein mentioned, for all damages I to be sustained by the OAvners or occuj^iers of such lands, tenements, or hereditaments. VI. And be it enacted, That it shall and may Pres-kieni be lawful for the President and Directors of the "^^to^^ub- said Company, from time to time, to fix, regulate, guiate'tous.' and receive the tolls and charges to be received for the transportation of pro])erty or persons, on the single or double Rail Road or Way aforesaid, here- by authorized to be constructed, erected, built, made and used. ^ VII. And be it enacted. That the said double ,,„,i^;|||j°'^ or single Rail Road or Way, and all materials which ^:^^|;';[;;^''''o shall be, from time to time, got or provided for iConstructing, building, maintaining, or repairing the ame, and the said tolls on goods, wares and mer- ihandise, or passengers herein before mentioned, ihall be, and the same are hereby vested in the said Company, and their successors for ever. i\ i Tolls payable. Company may coii- ftnict tlR'ir Kailroad u- cri)H» any Htn^am or vviiltTcourso highway, &c 10 VIII. And be it enacted, That so soon as tile said doubie or single iron or wooden Rail Road or Way shall be so far completed, as to be capable of bein^ used for tlie transportation of property or lDassen£?ers, tlie said Company shall have full power and authority to ask for, demand, receive, recover, and take the tolls and dues, to and for their own proper use and benefit, on all goods, merchandise and pa?^sengers, using or occupying the said double or single iron or wooden Rail Road or Way, or any other°convenience, erection, or improvement, built, occupied, or owned by the said Company, to be used therewith ; and shall have power to -egulate the time and manner in which goods and passen- o-ers shall be transported, taken, and carried on tlie same, as well as the manner of collecting all tolls and dues on account of transportation and carriage, and shall have power to erect and maintain such toll-houses and other buiklings, for the accommoda- tion and proper transaction of their business, as to them may seem necessary. IX And be it enacted, That whenever it shall be necessar>^ for the construction of their single or double Raii Koads, or Ways, to intersect or cross any stream of water, or water course, or any road or*hierty or 11 power recover, leir own cliandise d double Y, or any at, built, ly, to be regulate [ passen- k1 on tlie all tolls carriage, bain sucb onimoda- 3SS, as to Company en- 011 r it shall I single or or cross any road Koad or e London ul for the uble Rail })rovided tream or bersected., ler not to erect and s Corpo- ration, sufficient fences up on the line of the route of their single or double Rail Road or V/ay. X. And be it enacted. That if any person or Persons wii- 1 persons shall T^dlfully do, or cause to be done a-nying^jhe^^^ act or acts whatever, whereby any building, con- »»nt ^^o^^e struccion, or work of the said Corporation, or any of damage engine, machine, or structure, or any matter or thing appertaining to the same, shall be stopped, obstructed, impaired, weakened, injured, or destroy- \ ed, the person or persons so ofifending, shall forfeit and pay to the said Corporation, double the amount of damages sustained by means of such offence or injury, to be recovered in the name of the said Corporation, by action of debt, to be brought in any court of Record in this Province. XI. And be it enacted. That the said Company, or their agents or servants, at any time after the c'-o;'! J^ passincr of this Act, under and by virtue of its pro- nif'"^ ^ i^^- Visions, shall and may construct, erect and buiki,«f«jwner8. and furnish a double or single Iron or Wooden Rail Road or Way as aforesaid, on any part or portion of the country lying between the Town of London aforesaid, and Burlington Bay, the naviga- I ble waters of the River Thames and Lake Huron ; I and also that the said Rail-Road or Way con tern- ' plated by this Act, shall not in any degree interfere with, or encroach on any fee sim])le, right, or private easement of any individual now holding and enjoy- I ing the same, or entitled thereto, without the permis- i sion first had and obtained either by the consent of I the owner therof^ or by virtue of reference authoris- ledby this Act. i XII. A nd be it enacted, That the property, affairs , com,,any land concerns otthe saui Com})auy,8hall be «'ii'rangedK;;'>^J'^yt;;,'^ land conducted by seven Directors, one of whom''" *'"'*'"• w Votes accor- ghall be chosen President, wlio ehiali hold tlieir offices for one year, which said directors shall be Stockholders to the amount of, at least ten shares, and be elected on the first Monday in June, in each and every year, at London at such time of the day as a majority of the Director for the time being | shall appoint, and public notice thereof shall be ' given in any Newspaper or Newspapers that may be -: published in the said Districts of London andGore, at least one month previous to the time of holding the said election, and that the said election shall be held and made by such of the Stockholders of the said Company, as shall attend for that purpose, in their own persons, or by proxy ; and all elections ■. for such Directors shall be by ballot, and the seven ! persons who shall have the greatest number of votes at any election shall be Directors, and if it I shall happen at any such election that two or more have an equal number of votes, in such a manner that a greater number of persons than seven, shall, by a plurality of votes, appear to be chosen Directors, then the said stockholders here- inbefore authorised to hold such election, shall pro- ceed to elect, by ballot, until it is determined which of the said persons have an equal number of votes, shall be Director or Directors, so as to complete the whole number of seven, and the said Directoi-s 30 chosen, as soon as may be, after the said electlv;_ , shall proceed in like manner, to elect by ballot, one of their number to be President, andif any vacancy or vacancies shall at any time liappen among the Di- of siim'8^"" rectors, by death, resignation or removal from the Province, such vacancy or vacancies shall be fdled, for the remainder of the tei^ra in which they may happen, by a |>erson or persons to be nominated by f hold their bora shall be t ten shares, fune, in each e of the day 3 time being 'eof shall be that may be - on andGore, 3 of holding tion shall be elders of the 3 purpose, in all elections ad the seven ; number of 3rs, and if it . hat two or , in such a ersons than ,ppear to be olders here- m, shall pro- iiined which ber of votes, lomplete the Directoi-s 30 aid elective- , r ballot, one T vacancy or long the Di- rsl from the all be fdled, h they may . •minated by 13 a majority of the Directors. [This section is amend-^ ed by Act 9 Vic, Chap. 81. S. 32 changing place tor holdmg Elections for Directors, and 12 Vic. chap. 156, S. 6 altering number of Directors from* 6 to 11.] n ^^\^\.^^^ ^®^* enacted, That each Stockhol- , , der shall be entitled to the number of votes pro^STo'xo. portioned to the number of shares he or she shalf '"" have held m his or her own name at least one month prior to the time of voting, according to the follow- mg rates, that is to say— one vote for each share not exceeding four, five votes for six shares, six votes for eight shares, seven votes for ten shares and one vote for every five shares above ten. ' 11 his Section amended hy \2th Vic. Chap, 156 giving one vote for each share.'] ' XIV. And be it enacted, That in case it should at any time happen that an election of Directors should not be made on any day when pursuant to nTalS- this Act It aught to have been made, the said cor- iSn'^or poration shall not for that cause be deemed to be ^^£0,^ dissohed, but it shall and maybe lawful on any'"^" day to hold and make an election of Directors in such manner as shall have been regulated by the bye-laws and ordinances of the said corporation. ^ XV. And be it enacted,that the Directors for the time being, or a majority of them, shall have ^ower ^J^l'^f^!" to make and subscribe such rules and regulations EiHlf as to them shall appear needful and proper, touch- "pp""'"'""**' ing the management and disposition of the stock "'"' property estate and effects of the said Company and touching the duty of officers, clerks and ser- vants, and all such other matters and things as ap- pertain to the business, with such salaries and allowances as to them shall seem fit. B . 14 A call of 5 per cunt 1 ' may he made at 30 (Juv'snntice XVI. Section Repealed. XVII. Section Repealed. XVIII. And be it enacted, That as soo°«5 di- rectors have been appointed '^.f^'^^^^jt^'X- , and may be lawful for tbem to call upon tbe btock- "bo ders^of the said Company,by g^^'^. W^^^ notice thereof in any newspaper publ^hed m the Xesaid Districts ofiondon and Gore for «imstab ment of five per cent, npon each f ^^e w^^^^ they oranv of themmayrespectivelysubscribe and that ?d?due of the sum or shares of the stockholders .iball be Bavable by instalments m such time ana Such p?c Jortloiisl. a majority of the stockholders at a meeting to be expressly convened for that purpose sh A agree upon, so as no such mstalmente shall exceed five per cent., nor become _ payable in less than thirty days after publication m the news- papers as aforesaid-provided always that the s.ad birectors shall not commence the construction of the said Rail Road or Way, ni.til the first mstalment shall 1)6 paid in. , ™ , ■/, at^^v XlX. And be it enacted. That if any Stock- holders as aforesaid shall refuse or neglect to pay at ..Sr'-the time required, any such mstalment or instal- ;;?rEi,ncnts, as shall be lawfully required by the Direc- ■""■ tors as due npon any share or shares, such stock- holder or stockholders so refusmg or neglecting shall forfeit such share or shares as aforesaid with any amount which shall have been previously paid thereon, and that the said shares may be sold by the said Directors, and any sum arising theretrom, together with the amount previously paid thircon, shall be accounted for, and applied in hke manner as other monies of the said company.— Provided always, that the puichasor or purcha-sers menC m as di- it sliall e Stock- rty days d in tlie an instal- licli they and tliat kholders ime and jkliolders for tliat stalments ayable in tlie news- ,t the said tion of the nstalment ny Stock- t to pay at or instal- bhe Direc- Qch stock- ictiug shall with any )usly paid >e sold by therefrom, usly paid (lied in like company. — ■ purchasers \ 15 ^iiall pay the said company the amonnt of install ment required, over and above the purchase money ot the share or shares so purchased as aforesaid. n/r^/^ ri' i^^* ^^^y ^^y^ ^^tice of the sale of such forfeited shares shall be given m any News- paper or Newspapers published in the London and Annua, di- Gore Districts and that the instalments due may be SS .e received m redemption of any such forfeited share "'^• thereof. *^' ^^^ appointed for the sale duty of .he Directory to make annual dividends of so much of the profits of the said Company aa to them or a majority shall seem advisable, and that once m each year an exact and particular statement p«»>uc Act. shall be rendered of the state of their affairs, debts credits profits and losses, such statement to appear' stockholder at his or her reasonable req uest. ^ XXI. And be it enacted. That this Act shall be i'Tl ^^^.^^^entobeapublic Act, and as such shall be judicially noticed by all Judges, Justices ot the Peace and other persons without bein^ specially pleaded. ^ XXII. And be it enacted. That at any time after /"5'^"^' forty years after making and completing the saidr^-*""' Rail Road or way, His Majesty His Heirs and Sue cessors may assume the possession and property of the same, and of ail and every the works and de- pendencies thereto belonging, upon paying to the said company, for the use of stockholders thereof, the tull amount of their respective shares, or of the sums furnished and advanced by each subscriber towards the making and completing the said double or single Iron or wooded Rail Road or Way teetlier with such further sum as will amount to twenty per cent., upon the monies so advanced and paid as a full indemnification to such company and the said double or single Iron or Wooden Rail- Road or Way, shall from the time of such assump ; tion in manner aforesaid, appertain and belong to His Majesty, His Heirs and Successors, who shaU from thenceforth be substituted in the place and stead of the said Company, upon the conditions and subject to the provisions of any act of the Legisla- ture of this Province that may be passed respecting the same ; provided alway that it shall not be law- ful for His Majesty His Heirs or Successors at any time after the expiration of the said forty years, to assume the possession and property of the said Rail Road or Way, with their appertenances as afore- Aftcrinpos- Said, uulcss it shall appear from the accounts of the tra said Company to have received every year upon an pliJoRec average the sum of twelve pounds ten shillings lor conerai,&c. ^ygj-y q^q huudrcd pouuds they shall be possessed of in the said concern. XXn. And be it enacted. That from and after the period when the possession of the right interest and property in and to the double or single Iron or Wooden Rail Road or Way shall have been assumed by His Majesty, His Heirs or Successors as herein before authorised, all tolls and profits arising therefrom shall be paid into the hands of His Ma- jesty's Receiver General to and for the public uses of this Province, at the disposal of the Legislature thereof, and shall be accounted for to His Majesty, His Heirs and Successors shall be graciously pleases to direct ; provided always, that the said double or single Iron or Wooden Rail Road or Way shall be commenced within two years after the passing of this mount to need and )any, and ien Rail- 1 assump 3elong to i^lio shall place and tions and ) Legisla- •especting )t be law- >rs at any T years, to I said Rail as afore- nts of the ir upon an dllings for possessed and after at interest ngle Iron lave been icessors as its arising f His Ma- iiblic uses /egislature s Majesty. ;ly pleases double or y shall be iing of this 17 Act, and finished from the town of London to the Burlington Bay Avithin ten years, and from the said Town of Loudon to the navigable waters of the River Thames and to Lake Huron in twelve years, otherwise this Act and every matter and thing con- tained shall cease and be utterly null and void. — (Modified by renewed Charter.) XXIV. And be it enacted, That this Act shall vS'K?"' not be construed to give any power to the saidSaS^ company to erect ^vays or v/orks of any description uavijf La! upon or over either the Grand River or River Thames, so as to interfere in any manner with the free use and navigation thereof. ^ (This Section modified by 13 Vic. ch. XXV. And be it enacted, That notwithstandi?ignn7S.. the privileges hereby conferred, the Legislature iSSS may at any time liereafter make such adi'ition to this Act,^ or such alterations of its X)rovisions as they may think }) roper for affording just protection to the public or to any person or persons, body politic or corporate, in respect to their estate property or rights, or any interest therein, or any advantage, interest,or convenience connected there- with, or in respect to any way, or right of way, public or private, that may be affected by any of the powers given by this Act. XXVI. (Section Repealed. This Act flie 1^ ACT TO REVIVE CERTAIN PROVISIONS OF THE ACT INCORPORATLNG THE GREAT WESTERN RAILROAD COMPANY ; AND TO ENABLE THEM TO CARRY OUT THE SAME. «' Preamble. Whereas it IS expedient to revive, witli certain exceptions and amendments, the Act of tlie Legis- lature of Upper Canada, passed in the fourth year of the Reign of His late Majesty King William the Fourth, and intituled, " An Act to ^ incorporate certain persons under the style and title of " The London and Gore Bail Road Company ;" Be it therefore enacted, nl> yi'ura Irom I>a8Hiiig tltis Act. «-l r^l^<-kll l'\^\ ••♦*-*r*»-* #\y^4*i ■WT/-k , I tT r\ I/-VTVI YA oaivi DuajLi. f^c xcojjcvi;i.T^ij \^xj^jj^yj. 21 Provided ,11 autlior* 31' in any mking. . : Monday holders of , at vvliicli id in tlie Hl,to elect elect ])y President, t Monday ring sucli Directors elected at :liat if on ires to tlie said Coin- cause tlie it meeting taken up, ren in any i Districts time such t's elected t Monday tail Road 3 make by 1, sliall be ing of tliis and thing terly null oad wliicli i a« afoj'Gr lie use within twenty years from the passing of this Act, otherwise this Act shall cease to have force and effect with regard to all such lines or parts of lines as shall not then be completed as aforesaid, but shall remain in force with regard to such linens or parts of lines as shall be then so completed and in use. VII. And be it enacted, That the provisions of oAsth^se"! the twenty-fifth section of the Act hereby revived, "c/rovu'ed. shall apply to this Act and to the privileges hereby granted, as well as to the said Act and to the privileges granted by the same. yil. And be it declared and enacted. That except this Act and so much of the Act herein first above cited as is hereby revived,and all other Acts relative to The London and Gore Rail Hoad Com- pany^ or to The Great Western Rail Road Cowjm- ny^ and more especially the Act of the Legislature of Upper Canada passed in the seventh year of the Reign of His late Majesty King William the Fourth, intituled " An Act to alter and amend the Act incorporating sundry persons under tlie name of the London and Gore Rail Road Company, and to grant them a sum of money by way of Loan^'' — and the Act of the said Legislature passed in the same year of the same Reign, and intituled " An Act to "provide for the payment in certain cases^ of the Lnterest on the Loan for the construction of the Great Western Rail Road^^^ — and so much of the [Act of the said Legislature passed in the same [year of the same Reign and intituled, " An Act to mialce further provision respecting the affording pub' {io aid to the Great Western Rail Road^ and to Uoronto and Lake Huron Rail Road, and for other purposes therein mentionedy^ as relates to the said jg^ Great Western Rail Road, are and shall be null ancj [void, and of no force and effect whatsoever. 1 9th VIC. CHAR 81. AN ACT TO ALTER AND AMEND THE CHARTER OF THE GREAT WESTERN RAILROAD COM'Y. [Passed 6th June, 1846."1 [Recites that in consequence of 55,000 ou^ of 00,000 Shares of the Capital Stock of the Great Western Railroad Company having been subscrib- ed for in England, it was expedient that the Acts therein referred to should be altered, so as to aiford proper protection to such English Shareholders.] [The Amendments contained in this Act, granting such protection, viz : Sections 1 to 25 in- clusive, were afterwards repealed by the Act of 12 th Victoria, chap. 156.] Arbitrators XXVI. And be it enacted, Tliat whenever any Jl'ointtX lands or grounds required by the said Company, for the purpose of the said Rail-road, are held or owned by any person or persons, bodies corporate, politic or collegiate, whose residence may not be within this Province, or unknown to the said Com- pany, or when the title to any such lands or grounds may be in dispute, or when the owner or owners of such lands or grounds are unwilling or unable to treat with the said Company for the sale thereof, or to appoint Arbitrators, it shall and may be lawful for the said Company,after having first given thirty days notice of such intention in some newspaper published in the District where such lands are situ- ftte, to nominate and appoint one or more indifferent n TER OF OM'Y. ne, 1846.'1 55,000 out the Great 1 subscrib- t the Acts LS to aftbrd olders.] this Act, L to 25 in- le Act of never any Company, [•e held or corporate, ay not be said Com- or grounds owners of unable to thereof, or be lawful iven thirty newspaper 3s are situ- indifferent 23 STfoTtSr'-'f!^ for the Judge of the District ^ourt tor the District m which such lands or grounds are situate, on the application of the said cf Zany fLTr'' '"^ T""^' '^ ^^-1 number oS¥ teient persons, who, together with one or othpr person, to be elected b| ballot by t^e person .o named shall be Arbitrators to awLd determre w&h'^M^^^^ ^'^ respective sul of rne? persons entitled to receive the same, for tfie said fc^onoW'^' ?^'?rT^-^-^or4aid,andthe decision of the majority of such Arbitrators shall be final, which said amount so awarded ohe said Company are to pay or cause to be paid to the sa d several parties entitled to receive the same when demanded; and alsothata record of such^waTcfor arbitration shall be made up and signed by the aS Arbitrators or a majority k themt spec fy ngle amount of such award, and the costs of sifch'ai^" to ion. which may be settled by the said ArbTtit tors or a majority of them, which record shall be dej.osited in the Hegistry Office of the Co^^^^^^^ ^ which such lands or grounds are situated ; and also Dah hv.r'Tr.'^ '^''^'^ arbitration shall be K] r '-V^'-^ ^^^I'f ^ •• ^^o^^^^^"^ always, that |n all Arbiti-ations under this or any othLr Act |eh^ing to the .aid Rail Koad, the Arl^trators sM lake into consideration the benefit conferred on the Property on which they are arbitrating, as well as ie (kmapdone to any particular portion thereof. AAV 11. And be it enacted, That whenever any. ^^^^T IK sor grounds required to be used or occupied -''«i" ^sliall and may be lawful to and for the said |#>mpany to nommate and appoint one or more u indifferent person or persons, and for the Judge of the District Court for the District in which the lands or grounds are situate, on the application of the said Company, to nominate and appoint an equal number of indiiferent persons, who together with one other indiiferent person to be elected by- ballot by the person so named, shall be Arbitrators to decide and assess the value of the said lands or grounds, or the amount of damage to be paid to the owner thereof as aforesaid ; and upon such decision or award the said Company shall pay or cause to be paid the amount of such award to the Mortgagee, as a payment for and on account of the said mort- gage ; and upon such payment being so made the Mortgagor and Mortgagee are hereby required and compelled to join in conveying the said lands or f rounds to the said Company or their Successors : 'rovided always, that when the amount of such award shall exceed the amount secured or payable on such mortgage, the said Company after the amount due on such mortgage shall be satisfied, shall pay or cause to be paid the balance of the said award to the mortgagor, or otherperson or persons entitled to receive the same. XXVIII. And be it enacted. That if the double tSTo bo^' ^^ single iron, or wooden Rail Road or way of the dinnsfonm^^^^ Compauy shall pass through tracts of land or 01 land, property belonging to, or in possession of any tribe of Indians in this rrovince, or if any act occasion- ing damage to their property or possession shall be done under the authority of this Act, compensation shall be made to them therefor in the same manner as is provided with respect to the property, possess- ion or rights of other individuals ; and that when- ever it shall be necessary that Arbitrators shall b* i c s I iz 01 a^ b( C si ar to to d€ lai fir PL un ad th an an ho lai for grc th( cor Ra cor for poi mil onl I )r tlie Judge of in wliicli tlie application of id appoint an wlio together be elected by be Arbitrators e said lands or ' be paid to the n such decision ly or cause to theMortgagee, the said mort- ^ so made the y required and said lands or eir Successors : mount of such red or payable any after the 11 be satisfied, mce of the said reon or persons t if the double or way of the lets of land or 3n of any tribe y act occasion- session shall be , compensation e same mannei >perty, possess- md that when- rators shall h i 25 chosen by the parties for settling the amount of such compensation the Chief Officer of the Indian Department ^dthin this Province, is hereby author- ized and required to name an Arbitrator on behalf ot the said Indians, and the amount which shall be awardea m any case shall be paid where such lands ni •''^/A^''"^/'"'^^ "^^ ^""'^y ^f I^^li^^s ^'« tte said AXIX. And belt enacted, That whenever itocSnT"^ shall be necessary for the said Company to occupy «- T™"^'^* any part or parts of the lands or grounds belono-in^"" "" to the Crown or which have been at any time here'- tofore specially set apart and reserved, or which are designated or commonly known as Crown Lands or lands reserved for Military purposes, they shall hrst apply for and obtain the license and consent of Pier Majesty the Queen, Her Heirs and Successors, under the hand and seal of the Governor, or person administering the Government of this Province for the time being, and having obtained such license and consent, it shall and may be lawful for them at anytime or times to enter into and upon, have, hold, use and enjoy any part or parts of the said lands and grounds for the purposes of this Act, or for any other purposes connected therewith. XXX. And be it enacted. That after any lands or mdemnitr grounds shall be set out and taken as aforesaid, by ^r IZr'^ the said Company, for the purpose of making and '"""• completmg the said double or single iron or wooden Rail-road or way, or for other the purposes and conveniences aforesaid, it shall and may be lawful for all bodies corporate, politic or collegiate, corpo- porations, communities, guardians, executors, ad- ministrators, and all other trustees or persons, not only for and ou behalf of themselves, their heira n I met U Htock fcM. i f • 26 and successors, but also for and on behalf of those whom they represent, whether infants, issue unborn, lunatics, idiots, femes-covert, or other person or persons, who are, or shall be seized, possessed of or interested in any lands or grounds which may from time to time be required as aforesaid ; and that all contracts, agreements, sales, conveyances and assurances so to be made, shall be valid and effectual in law to all intents and purposes whatsoever ; any law, statute, usage or custom to the contrary there- of in anywise notwithstanding ; and all bodies politic, corporate or collegiate, and all persons whatsoever conveying as aforesaid, are hereby indemnified for what he,she or they, or any of them shall respectively do by virtue of or in pursuance of this Act. XXXI. And be it enacted. That all deeds and conveyances for lands to be conveyed to the said Company for the purposes of this Act may be, as far as the title to the said land or the circumstances of the party making such conveyance will permit in the form given in the Schedule to this Act marked A, and all Registrars are hereby authorized to enter in their Register Books such deeds on the produc- tion and proof of execution thereof without any memorial, and to minute such entry on the said deed ; and the said company are to pay to the said Registrar for so doing the sum of two shillings and six pence, and no more. XXXII. And be it enacted. That from and after np of the passing of this Act it shall and may be lawful for the annual meetings of the Stockhohlers of the said Company, for the election of Directors, to be holden at the Town of Hamilton, in the District of Gore, notice thereof being given at least thirty •Ib lo 1)0 ;ialered. r>i If of those ue unborn, person or essed of or 1 may from nd tliat all niceg and lid effectual )ever ; any ;rary there- all bodies all persons ire hereby my of them 1 pursuance 1 deeds and to the said ; may be, as rcumstances will permit ; Act marked ized to enter the produc- v^ithout any on the said ■f to the said shillings and )m and after ly be lawful Jders of the cectors, to be le District of least thirty i 2? days prior to such election, in one or more newspa- pers m each of the Districts of London^nd Go?e ana also m the Western District. ' ^^^}^\ ^^'^ ^® ^* enacted, That it shall and """' "' '" may be lawful for the Board of Directors, oi a ma S-;'.".. jonyof them, for the time being, to make such By-laws, Knles and Regulations as' they may tlitak proper, for the junction or union of the satd Com pa.ywih any other Company or Compan es or Association, formed under any deed or deeds of sett ement in England or elsewhere, or by Charter m this Province, and for themanagement, iVec ion and carrying out of the objects of such i'unction or union, and for the securing to all parties to such junction or union the stipulations and ao-reements x\x^l\ °ri""'> ^*"^«d upon betweenXm ?■ n ^^^ ^^ '* enacted. That the said Com- pany shall at all times, when thereunto required bv-"!?".::; tier Majesty's Deputy Post Master Genial the -*-•'-■ Commander of the Forces, or any person kving the command or superintendence of any Folic! Na^l' Z"^-V^'' ^•■'J*'^*^'^ ^'•'"' H«r Majesty's Naval or Mihtary Forces or Militia,and all artillery ammunition, provisions or other stores for their use on wi M -"^"f ' 0«"?tebles,and others travelling on Her Majesty's service on their said Bail Road" on such terras and conditions, and under such regulations as the said Company and the said ttelirr' '^'^"'' General,^the'^Comniandeiof the Forces, or pereon in command of any Police Force respectively, shall agree upon, o/if tW nnd'unZ''' ^'i'" "P? ^'''^ t<^i'mLA conditions T^.Z A • -"i '•egnl'itions as the Governor, or person admimstenng the Government, shall in Council make : Provided, that by such regulations 1 _ i. Proviso; I 28 the Company stall not be required to s^art any train or Steamboat at any other time than tbeir ordinary time of starting tbe same ; but tbeymay be required to provide a separate carriage for the Mail and the person or persons in charge thereof : And provided also that any further enactments which the Legis- lature of this Province may hereafter deem it expe- dient to make with regard to the carriage of the said Mail or Her Majesty's Forces, and other per- sons and articles as aforesaid,or the rates to be paid for carrying the same, or in any way respecting the nse of any Electric Telegraph, or other service to be rendered by the Company to the Government, shall not be deemed an infringement of the prmle- ges intended to be conferred by this Act ; and nothing in this Act contained shall be construed to authorize the said Company to take or enter upon any lands or real estate of any kind belonging to Her Majesty, Her Heirs or Successors, or vested m or held in trust by the Principal Officers of Her Majesty's Ordnance, or any public body, person or party in trust for the uses or service of Her Majes- ty, Her Heirs or Successors, whether such real estate be held in fee simple or for any less estate, during the continuance of such estate, unless the entering upon or taking of such lands or real estate be author^ed by the Governor in Council, or by the Commander in Chief of Her Majesty's Forces in this Province. . saving XXXV. And be it enacted, That nothing herein SJi'n?'"" contained shaU affect or be construed^ to affect in any manner or way whatsoever the rights of Her Majesty, Her Heirs and Successors, or of any peison or persons, or of any bodies politic, corporate or collegiate, such only excepted as are herein mentioned. 1 8 any train ordinary required il and the provided he Legis- a it expe- ge of the )ther per- bo be paid acting the sei vice to ^ernment, le privile- ^Lct ; and istrued to nter upon longing to • vested in rs of Her person or ler Majes- such real less estate, unless the real estate icil, or by y's Forces ing herein o affect in tits of Her any pel son •rporate or re herein 29 » . — ■ SCHEDULE A. Know aU men by these presents, that I, A. B., in consideration of the sum of to me in hand paid by the Great Western Railroad Company, the receipt whereof is hereby acknow- ledged, have granted, bargained, sold, conveyed and confirmed, and by these presents do grant, bargain, sell, convey and confirm unto The mid G^eat Western Railroad Company^ their Success- ors and Assigns forever, all that certain parcel or tract of Land and Premises situate and being (here des(yrihe the land^)t}iQ same having been selected by the said Company for purposes connected with the Road : To have and to hold the said Land and Premises, with the apurtenances thereunto belong- ing, to the said Great Western Rail-road Company^ their Successors and Assigns for ever. Witness my Hand and Seal, this day of 18 . Signed, sealed and delivered, in the presence of [L.S.] Troamble. 12tli TIC. CITAl', 156. AN ACT TO ALTER AND AMEND THE CHARTER OF THE GREAT WESTERN RAILROAD COM'Y. [Passed SOtli May,1849, Whereas in and by the Act passed in the nintli year of Her Majesty's Reign, and intituled, -^^^^^^ to alter and amend the Charter of the Great West- ern Rail-road Company, certain extraordinary powers, rights and privileges were granted to the Stockholders resident in England and a Correspon- ding Committee established in London, England, m consideration of the large amount of capital stock of the Company held in that country ; And whereas the President and Directors of the said Company have by petition, by and v/ith the consent of the English Stockholders, - -^^^d for the repeal of so much of said recited Act . '.es to the establish- ment of the said Correspo/ Committee, and so place the said Stockholders tne same common ground with the other Stockholders of the Compa- ny ; And whereas it is proper to grant such petition: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legiskitive Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, intituled. An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority ot the same. That the provisions of the said recited 3t TER OF OM'Y. yiay,1849, the nintli (d, Jin Act reat West- raordinary bed to the Dorrespon- Cngland, in pital stock id whereas [ Company 5ent of the speal of so 3 establish - }tee, and so e common ihe Compa- 3h petition: een's Most idvice and id of the of Canada, and under Lrliament of nd Ireland, 3S of Upper lernment of 3 authority said recited Act, so far as they are inconsistent with this Act and the provisions herein contained, shall be, and the same are hereby repealed. II. And be it enacted. That so much of the first i%pfaiS?* Section of the said Act as relates to affording pro- tection to the English Stockholders of the. said Company, be, and the same is hereby repealed. III. Andb.e it enacted, That the second, third, sect. 2 to 22 fourth, fifth, sixth, seventh, eighth, ninth, tenth, '^'i'^'''*''*- eleventh, twelfth, thirteenth, fourteenth, fifteenth, sixteenth, seventeenth, eighteenth^ nineteenth, twentieth, twenty-first, and twenty-second Sections of the said recited Act, be, and the same are here- by repealed. IV. And be it enacted. That any Shareholder in sharehoid- the said Company, be he or she a British Subject equal rights or alien, a resident in Canada or elsewhere, shall have equal rights to hold stock in the said Compa- ny, to vote on the same, and be eligible to ofiice in the said Company. V. And be it enacted. That every Shareholder ^fJ^^^^j^^S; in the said Company shall be entitled to appoint ^^ p'^^^^- any person whomsoever, being also a Shareholder, to vote and act for him or her by proxy, at all general meetings of the Company, and for the election of Directors, and that each Shareholder shall be entitled to give one vote for each and every share of capital stock held by him or her. VI. And be it enacted, That the number of Eleven in Directors in the said Company shall be and consist SfrectoM.' of eleven instead of sever . VII. And be it enacted. That this Act is and shall be for all purposes and in all Courts of Justice „ regarded as a Public Act, and the same as such shall be judicially noticed without b( ing specially pi eaded. AN ACT TO PROVIDE FOR AFFORDING THE GUARANTEE OF THE PROVINCE TO THE BONDS OF RAILWAY COMPANIES. [Passed 30tli May, 1849. Treamble. Whereas at the present day, tlie means of rapid and easy communication by Rail- way, between the chief centres of population and trade in any country and the more remote parts thereof, are becoming not merely advantageous, but essential to its ad- vancement and prosperity ; And whereas experience has shown, that whatever be the case in long settled, populous and wealthy countries, in those which are new and thinly peopled and in which capital is scarce, the assistance of Government is necessary and may be safely afforded to the construction of lines of Rail-way of considerable extent ; and that such assistance is best given by extending to Com- panies engaged in constructing Rail- ways of a cer- tain length, under Charter from, and consequently with the approval of the Legislature, the benefit of the guarantee of the Government, under proper conditions and restrictions, for loans raised by such Companies to enable them to complete their work : Be it therefore enacted by the Queen's Most Excel- lent Majesty, by and with the consent of the Legis- lative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled. An Act PROVINCE [ay, 1849. s of rapid tween the y country becoming to its ad- xperience ig settled, which are capital is necessary ruction of and that gto Com- s of a cer- isequently le benefit ler proper d by such leir work: ost Excel- the Legis- ssembly of assembled of an Act Kingdom ^, An Act 83 to re-unite the Provinces of Tipper and Lmver Canada^ and for the Government of Canada ; and it is hereby enacted by the authority of the same, That it shall be lawful for the Governor in Council, on behalf of this Province, to guarantee the interest on loans to be raised by any Company chartered by the Legislature of this Province for the construction of a Line of Rail-way not less than seventy-five miles in extent, within this Province,on condition, — Thas the rate of interest guaranteed shall not exceed six per cent, per annum, — that the sum on which interest shall be so guaranteed shall not be greater than that expended by the Company before the guarantee is given,and shall be sufficient to complete their road in a fitting manner,and to the satisfaction of the Commissioners of Public Works, provided '" always, that no such guarantee be given to any Company until one-half of the entire line of Road shall have been completed, — that the payment of the interest guaranteed by the Province shall be the fii'st charge upon the Tolls and profits of the Com- pany, and that no dividend sMl be declared so long as any part of the said interest remains unpaid, — ^that so long as any part of the principal on which interest is guaranteed by the province remains un- paid, no dividend shall be paid to the Stockholders, until a sum equal to three per cent, on the amount so remaining unpaid,shall have been set aside from the surplus profits of such Rail-road, and paid over to the Receiver-General under the provisions here- inafter contained as aSinkingFund for the redemp- tion of the debt r n which interest is guaranteed as .aforesaid, — and that the Province shall have the st hypothetic, mortgage and lien upon the Road, oils and property of the Company for any sum Guarantee of the Pro- vince grant- ed to loana. 34 Company to render ac- counts toRo- ceivorGen. Sinking Fund. paid or guaranteed by the Province, excepting always, tlie hypothetic, mortgage or lien of holders of bonds or other securities on which interest is guaranteed by the Province, for the interest so guaranteed and the principal on which it shall accrue. II. And be it enacted. That each Kail-way Company,deriving any aid or advantage under this Act, shall make up and render to the Inspector- General of Public Accounts of this Province, each half year a tiue account in writing of the aifairs of such Company, in such form and with such par- ticulars as the said Inspector- General shall from time to time require, which said Accounts shall be signed by the President and the Directors of the said Company, or a quorum of that body, and shall be sworn to by the parties signing the same before one of the Judges of the Superior Courts of Com- mon law jurisdiction in Upper-Canada, or one of the Judges of the Court of Superior Civil Juris- diction in Lower- Canada, and the said Company or the proper officer thereof shall, within ten days after the rendering of such account, pay over such amount as may be payable under the provisions of this Act to the Receiver-General of this Province. III. And be it enacted, That the sum or sums of money hereinbefore provided to be taken from the surplus profits of any Rail-road as a Sinking Fund, shall be invested by the Inspector-General of this Province in such securities of this Province as may be approved by the Governor in Council ; Provided always, that it shall be lawful for the Directors of any such Company to make such By-laws as may be requisite to prevent the provision of this Act in respect of such Sinking Fund from bearing ime- fluallv Tir>on anv class of Stockholders^ , excepting I of holders interest is interest so cb. it shall k Kail-way e under this 3 Inspector- •vince, ea^.h he aifairs of fch sucli par- l shall from mts shall be 3ctors of the iy, and shall same before urts of Corn- la, or one of Civil Juris- id Company bin ten days ly over such provisions of Ls Province, n or sums of cen from the nking Fund, neral of this dnce as may il ; Provided Directors of laws as may f this Act in )eaTing ime- Furthtir conditions be a- on. 85 ly. And be it enacted, That, provided the con- eoncr Imons mentioned m the foregoing Section be ob-^''^* lerved, it is expedient that such guarantee be afford- '"''' ^d under such further terms and conditions as may be deemed necessary by the Governor in Council md agreed to by the Company applying for such .niarantee, it bemg clearly understood, that no enactments which the Legislature may hereafter nake, to ensure the observance of such terms and 3onditions, or to give effect to the privileged claim md lien of the Province upon the Koad, Tolls and broperty of the Company,or to secure the Province from loss by such guarantee, shall be deemed an fntrmgement of the rights of the Company. It^Ti't,^""^ HV* ^^^^^^^/^^^'^t '^ny monies which niet^ ire: rshall be payable on behalf of the Province under ''''• J any of the provisions of this Act, maybe paid out j:of any unappropriated monies forming a part of the i Consolidated Revenue Fund ; and that all monies due by any Company as having been paid for them |underany guarantee given under this Act, shall be ideemed monies due by such Company to Her ■^Majesty, payable according to the provisions of this ^ct,and the conditions agreed upon by the Governor |n Council and such Company. AN ACT TO EMPOWER MUNICIPAL CORPORATIONS TO SUBSCRIBE FOR] STOCK IN THE GREAT WESTERN RxULROAD COMPANY. [Passed 23rd July, 1850. Preamble. Whereas the Great Western Railroad Company andtlie Municipal Corporations of certain localities througli Avliicli the Company are empowered to make their Railroad, have prayed that such Corporations and all others who may be so disposed may be enabled to subscribe for Stock of the said Company, and it is expedient to promote an under- taking so important to the interests of the Provmce, by granting the prayer of the said Petition: Be » it therefore enacted, &c. That it shall l)e lawful for the Common Council of the city of Hamilton, and for any other Municipal Corporation in this Province to subscribe for any number of shares in the Capital Stock of the said Great Western Railroad Compa- ny, or to lend any sum of money to the said Com- pany, or to guarantee and become security for the payment of any sum of money borrowed by the said Comiiany after the passing of this Act, from^ any other Corporation or party, or to endorse or guarantee the i)ayment of any Debentures to be issued by the said Company for money borrowed by them after tlie passing hereof : Provided always, that nothing herein contained shall be construed to increase the total amount of the CapitalStock which the said Company is now authorized by law to raise, or the total amount of money which it is now authorized to borrow. i 3Y n. And be it enacted, That the Mnnicinal Corporation of any county, city, Town, Township, or Village who shall subscribe for Stock of the said Company, or lend or guarantee 1ihe payment of any sum of money under this Act, shall have ftiU power and authority to cause to be assessed and levied, from time to time, upon the whole rateable proper- ty in such County, City, Township or Village, sufficient sums to enable them to diflcharge the debts, obligations and engagements which they shall have contracted as aforesaid ; and also, for the like purpose, to issue Debentures, payable at such times, and for such sum respectively, not less than twmi/y five jpcmnda^ and bearing or not bearing interest, as such Corporation may think meet. m. And be it enacted, That any^ Debenture which any Corporation may, under this Act issue, endorse or guarantee, shall be valid and binding upon such Corporation, if signed, endorsed, or countersigned by such officer or person, and in such manner and form as shall be directed by any By-law of the Corporation, and it shall not be necessary that it be under the Seal of the Corporation, or that any further form be observed with regard to it than such as shall be directed in such By-law as afiryi'p^fliid IV. And be it enacted, That it shall not be law- ful for any Municipal Corporation to subscribe for Stock as aforesaid, or incur any debt or liability under this Act, unless and until a By-law to that ■ effect shall have been duly made and adopted with the consent first had and obtained of a majority of the qualified electors of the Municipality, present at a meeting called for that purpose by the Mayor, Warden orTown Reeve, at the request of any ten, To Levy moneys to meet en- gageme nts. How deben- tureo, &c. nmy be exe. cuted. Corpora- tions not to incur liabiii- ty without assent of vo- tors. Major, tie to be a Di- rector on a BubBcriptior. of X25,000 or upwards. as , 1 ^ ^ -k^ v.n'hlir* advertisement containing he ex 0/^, one «* t^« J>"*Xr of Directors now the said Company. ^l = ■> aimng •t least in tlie )er be ewspa- of, and Mayor inicipal lares in )unt of Is, shall d Com- ors now 3 rights, ictors of AN ACT TO EMPOWER THE GREAT WESTERN RAILROAD COMPANY TO MAKE A BRANCH RAILROAD TO THE TOWN OF GALT. [Passed August, 1850. = ■> Whereas the Townreeve of the Town of Gait in the County of Halton, has petitioned the Legisla- ture that the Great Western Kailroad Company may be empowered to construct a Branch Railroad from their main line to the said Town, and the said Great Western Rail Road Company have, by petition, expressed their readiness to construct such Branch, and have prayed to be empowered to con- struct the same, and it is expedient to grant the prayer of the said Petition : Be it therefore enar .ed 1 T n • nns Willi rcfr* the duty of every Snentl wlio shall receive a writ p«?,* t^^rits „" J . J . -RT • • 1 /^ . ofExecution of Execution against any Municipal Corporation g™[ ^'^' created or to be created under the authority of this porations. Act, if such Writ shall be endorsed with a direc- tion to such Sheriff to levy the amount thereof by rate, to deliver a copy of such Writ of Execution and endorsement to the Chamberlain or Treasurer of such Municipal Corporation, or to leave such co- py at the office, place of business or dwelling House of such Chamberlain or Treasurer, with a statement in writing of his Fees, and the : whole amount for principal, interest and costs required to be paid to satisfy such execution, calculated to the day of the service of such copy as aforesaid, or some day as near as convenient may be to the same, and in case such amount, with interest thereon from the day mentioned in such statement, shall not be paid to Buch Sheriff within one calendar month after such service, it shall be the duty of such Sheriff to ex- amine the adjusted and settled assessment rolls of such Municipal Corporation, on file in the office of the Clerk of such Corporation, and to strike a rate upon the same in like manner as rates may be struck by such Municipal Corporation for the general Municipal purposes of such Corporation, which rate shall be of a sufficient amount in the pound accor- ding to such assessment rolls to cover the amount so due on such execution, with such addition to the same as in the judgment of such Sheriff shall be sufficient to cover the interest. Sheriff's fees, and Collector's per centage to accrue thereon to the time when such rate shall probably be available for the satisfaction of the same : And thereupon, such Sheriff shall, by a precept or precepts under his ■S'' 44 hand and seal of office, directed to the different Collectors of such Municipal Corporation respect- ively recitinff such Writ of Execution and that such Municipal Corporation had neglected to ma,ke pr(> ^ion Lording to Law for the satisfaction thereof and containing the roll of such rate in a bchedide to be annexed to such precept, command such Col- lectors respectively, to levy and collect such rate ^thin their respective jurisdictions, at the time , and in the manner that they are by law required to lew and collect the annual rates for the genewl purposes of such MunicipalOorporation,and if at the ^me for levying and collecting such annual rates next after the receipt of any such precept such Col- lectors shall have a general rate roU lelivered to them for such year, it shall he their duty to /dd a p-tyotcci- 1 thereto, headed: " Execution Ka,te in A. ii. !f.t?^V^'™^^ Township," (or as the case may be, adding a similar column for each execution if more thwi one-) and to insert therein the amount by such pre- cept required to be levied upon each person respec- tively according to the requirements of such pre- Lt, and to levy and collect the amount of such Execution rate from such persons respectively, m the same manner as such general ^W^f'ffJ'H^ law directed to be levied and collected by^such Collectors, and to return such precept ^tli tjl*'- riio«nt so le-«ed and collected thereon, after deduo- tiog bis oer centage therefrom,to such Shenft with- in the same time as such Collectors are or shall^by law be required to make the returns of the general annual rate aforesaid to the Chambevlam or "l reasu- rer of such Municipal Corporation ; Provided al- ways nevertheless, firstly, that any surplus that shil remain in the hands of such Sheriff upon any lifferent respect- tiat such ike pro- thereof, Ichedule ach Col- uch rate blie time \ [uired to general .if at the aal rates such Gol- vered to to add a e in A. B. e, adding lore than such pre- on respec- such pre- ; of such itivcly, in rate is by L by sucn ith thea- ter dedttc- eriff with- •r shall by tie general 3r Treasu- avided al- L'plus that ' upon any r -M i 45 such precept or precepts, after satisfying such Ex- ecution, and all interest, costs and fees thereon,shall by such Sheriff be paid over to the Chamberlain or Treasurer of such Municipal Corporation within ten days after the same shall be so received by him, and be applicable to the general purposes of such Municipal Corporation as the surplus of any other rate ; And provided also, secondly, that the Clerk ^'''''''^' of such Municipal Corporation, and the several As- sessors and Collectors of such Corporation, shall, for all purposes in any way connected with the car- rying into effect or permitting or assisting such Sheriff to carry into effect the provisions of this Act, with respect to the satisfaction of any such execu- tion, be taken and deemed to be Officers of the Court out of which such Writ of Execution issued, and as such shall be amenable to such Court, and may be proceeded against by Attachment or other- wise to compel the performance of the duties here- by imposed upon them as any other Officers of such Court may by law be proceeded against for a simi- lar purpose.