IMAGE EVALUATION TEST TARGET (MT-3) 1.0 fi^ lii 12.2 1^ ISA Ih^H I!!! I.I us 14.0 12.0 1 '-25 i '-^ li^ -• 6" ' ^ Photographic ScMices Corporation ^ ^ ^^^ c\ \ v\ 23 WIST MAIN STRUT WUSTn,N.Y. 14SM (716)873-4503 ^ CIHM/ICMH Microfiche Series. CIHIVI/ICIVIH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques Technical and Bibliographic Notes/Notes techniques at bibliographiques The Institute has attempted to obtain the best original copy available for filnting. Features of this copy which may be bibliographically unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. 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I I Coloured pages/ I — I Pages damaged/ I — I Pages restored and/or laminated/ Pages de couleur Pages damaged/ Pages endommagtes Pages restored and/oi Pages restauries et/ou peliiculies Pages discoloured, stained or foxed/ Pages dAcolories, tacheties ou piqu6es Pages detached/ Pages d^tach^es Showthrough/ Transparence Quality of prir Quality inAgale de I'impression Includes supplementary materii Comprend du matiriel suppi^mentaire I I Pages detached/ r~r| Showthrough/ I I Quality of print varies/ |~n Includes supplementary material/ r~~] Only edition available/ D Seule Edition disponibie Pages wholly or partially obscured by errata slips, tissues, etc., have been refilmed to ensure the best possible image/ Les pages totalement ou partiellement obscurcies par un feuillet d'errata, une peiure. etc., ont At6 filmies A nouveau de fapcn d obtenir la meilleure image possible. ■ ( rhis item is filmed at the reduction ratio checked below/ Z9 document est f ilmA au taux de rMuction indiqu* ci-dessous 10X 14X 18X 22X MX 30X / 12X 16X aox 24X 28X 32X Th« copy 7ilm«cl it«r« has b««n rtproduead thanks to th« ganarosity of: Seminary of Quebec Library Tha imagaa appaaring Kara ara tha baat quality poaaibia conaidaring tha condition and iagibiiity of tha originai copy and in Icaaping with tha filming contract spacificationa. Original coplas in printad iMpar covars ara filmad baginning with tha front covar and anding on tha laat paga with a printad or llluatratad impraa- sion, or tha back covar whan appropriata. All othar original coplaa ara filmad baginning on tha first paga with a printad or llluatratad impraa- alon, and anding on tha laat paga with a printad or llluatratad impraaslon. L'axampiaira fllmi fut raproduit grica i la gAnirosit* da: S^minaire da Quebec Bibliothique Laa Imagaa suivantaa ont 4t* raproduitaa avac la plus grand soln, compta tanu da la condition at da la nattati da l'axampiaira film*, at an conformity avac las condltiona du contrat da filmaga. Laa axamplairaa origlnaux dont la couvartura an paplar aat imprimia sont filmis an comman^nt par la pramiar plat at an tarminant solt par la darnlAra paga qui comporta una ampralnta d'impraasion ou d'iilustratlon, solt par la sacond plat, aalon la eaa. Tous laa autras axamplairas originaux sont filmis an commandant par la pramlAra paga qui comporta una ampralnta d'impraasion ou d'iilustratlon at an tarminant par la darnlAra paga qui comporta una talia ampralnta. Tha laat racordad frama on aach microflcha shall contain tha symbol ~^1 moaning "CON- TINUED"), or tha aymbol ▼ (moaning "END"), whichavar appllaa. Un daa aymbolaa suhrants apparattra sur la darnlAra Imaga da chaqua microflcha. salon la caa: la aymbola — »• signifia "A SUIVRE". la symbols ▼ signifia "FIN". Mapa, plataa, eharta, ate. may ba filmad at diffarant raduction ratloa. Thoaa too larga to ba antlraly included in ona axpoaura ara filmad baginn|ng In tha uppar laft hand comar, iaft to right and top to bottom, aa many framaa aa raquirad. Tha following diagrama illuatrata tha mathod: Laa cartaa. planchaa, tablaaux. ate, pauvant Atra fiimte A daa taux da reduction diffArants. Loraqua la documant aat trop grand pour Atra raproduit an un saul cllchA, 11 aat film* A partir da I'angia supAriaur gaucha, da gaucha h droita, at da haut mn baa, an pranant la nombra d'Imagaa nAcaaaaira. Laa diagrammaa suivants illuatrant la mAthoda. 1 2 3 32X t 2 3 ■ 4 ■ Y 6 '' /J %i/i>c^'A <^*^ ; < ^\'-' '•\> .^"N ACT/ ^-^f-^/ .»'. '. . *).'. TO INCORPORATE THE ■ ■■■:/-: •v 4 -. "'> ."■ QUEBEC AND RICHMOND RAIL-WAY COMPANY. -^..'.^r 13* ■f*N 3, r u e de v'^'U' ^^;}:#:c" :r ■■v«';.-i •isT '-'-*. ■;■& TORONTO Printed by S. DERBISHIRE & GEORGE D w r -^ >;;.; to the dueen's Most Excelle: 1850. -$. •'•'I •«. '"iiSI ay?! :,.-»f]p- AN ACT TO INCORPORATE THE QUEBEC AND RICHMOND RAIL-WAY COMPANY. 4 13° & 14« VICTORIiE, GAP. 116. ■i ^ai^tbjb m( it ,> , I TORONTO : Printed by S. DERBISHIRE & GEORGE DESBARA.TS, Law Printer to the dueen's Mot Excellent Majesty, 1850 \ An near desi] bout Law' tribu whe desi] Bei lent Leg oft] by 1 int Bri the the by the M( R. Da Sc Ar ANNO TERTIO-DECIMO & aUARTO-DECIMO ! VICTORIA REGINiE. CAP. CXVI. An Act to incorporate Peter Patterson, Esquire, and others, under the name of " The Quebec and Richmond Rail-way Company." [ \Oth August y 1850.] WHEREAS the construction of a Rail-road Preamble, from the City ot Quebec, or from a point on the South shore of the River Saint Lawrence, as nearly opposite to the said City as may be found desirable, to the village of Richmond, or the neigh- bourhood thereof, there to connect with the Saint Lawrence and Atlantic Rail-road, would greatly con- tribute to the prosperity of this Province; And whereas the several persons hereinafter named are desirous to construct and maintain the said Rail-road : Be it therefore enacted by the Queen's Most Excel- lent Majesty, by and with the advice and consent of Legislative 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 to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That Peter Patterson, Certain person* the Honorable Louis Massue, the Honorable Louis •"''""p^'^^^^'^' Methot, W. J. C. Benson, Esquire, John Jones, F. R. Angers, Henry LeMesurier, James Bell Forsyth, David Ramsay Steward, W. S. Henderson, Michael Scott, F. Evanturelle, the younger, Laurent Paradis, Angus McDonald, William Lampson, Thomas W. 1* r.:' ■.,.« ■^'ndt powenii Lloyd, together with such person or persons as shall under the provisions of this Act, become Subscribers to, and Proprietors of any share or shares in the Rail-road hereby authorized to be made, and other works and property hereinafter mentioned, and their several ancf respective Heirs, Executors, Adminis- trators, Curators and Assigns, beijjg Proprietors of any such share or shares, are, and shall be, and be united into a Company for carrying on, making, com- pleting and maintaining the said intended Kail-road, and other works, according to the rules, orders and directions hereinafter expressed, and shall for that purpose be one body politic and corporate, by the Corporate name and name of The Quebec and Richmond Ruil-rnad Company f and by that name shall have perpetual succession, and shall have a common seal, and other the usual powers and rights of bodies corporate, not inconsistent with this Act, and by that name shall and may sue and be sued, and also shall and may have power and authority to purchase and hold lands, (which word shall throughout this Act be under- stood to include all that is above or below the surface thereof, and all the real rights or appurtenances thereunto belonging,) tenements and hereditaments, for them and their successors and assigns, for the use of the said Rail-road and works, without Her Majesty's Letters d* Amortissementi saving never- theless to the Seignior or Seigniors within whose censive the lands, tenements and hereditaments, so purchased, may be situate, his and their several and respective droits dHndcmnitet and all othtr Seigniorial rights whatever ; and also to alienate and convey any of the said lands purchased for the purposes afore- said ; and any person or persons, bodies politic or cor- porate, or communities, may give, grant, bargain, .sell or convey to the said Company of Proprietors, any, lands, tenements or hereditaments, for the purposes aforesaid, and the same may re-purchase of the said Company, without Lrftrcs d* Amortisscment ; A nd the said Company shall bo, and are hereby authorized and empowered, from and after the passing of this 'rsons as shall le Subscribers shares in the ie» and other ^ed, and their •rs, Adminis- 'roprietors of '1 be, and be making, corn- ed Rail-road, 3, orders and lall for that ••ate, by the ' Mail-road ^e perpetual 1» and other rporate, not name shall 11 and majr hold lands, be under- the surface •urtenances Jditaments, s, for the thout Her ng never- lin whose wents, so '^eral and eigiiiorial •nvey any es afbre- ic or cor- gain. .sell ors, any purposes the said t; And hori/ed <"><' this ! I Act, by themselves, their deputies, agents, officers, workmen and servants, to make and complete a Rail-road, to be called The Quebec and Richmond Rail-roady with one or more sets of rails or tracks, and to be worked by locomotive engines, or on the atmospheric principle, or in such other mode as the said Company may deem expedient, from some point on the River Saint Lawrence, as nearly opposite to the City of Quebec as may be found desirable, to the River Saint Francis, in or near the village of Rich- mond, in the Township of Shipton, in as direct a line as may be found convenient, there to connect with the Saint Lawrence and Atlantic Rail-road, and to erect wharves, warehouses, stores, and other buildings at either termination, and at such other plac^ or places on the line of the said Rail-road, as they may deem expedient ; and to build or purchase, hold or use one or more steamboats, or other vessels, to ply across the River Saint Lawrence, from the termination of the Rail-road on the South shore to the City of Quebec, or to such other point on the North shore of the River Saint Lawrence as may be deemed expedient, and from the wharf or landing on the North shore, to construct a Rail-road to the City of Quebec. II. And be it enacted. That for the purposes afore- Company majr ente* said, the said Company, their deputies, servants, agents SS, H, ai3 mio and workmen, are hereby authorized and empowered 8"^e said intended of the Jandsor oining or Jying proper, requisite »e said intended •elative thereto, Jct ihe making, naintaining the 'itent and pur- erecf, and set road, or upon ' respectively, 's» toll-houses, als, weighing- •nes, or other ^ive, inclined »ys, roads and •panyofPro- enient for the 'is ; and also, "vert, widen, so to make, or passages i Hail-road ; any bridges, ^ ny rivers or ' I ntl repairing ^n any such change its and do all think con- ' effecting, •feting and and other the true said Com- as may be em hereby er herein- after mentioned, to the owners or proprietors of, or the persons interested in the lands, tenements or liereditaments, water, water-courses, brooks or rivers, respectively, which shall be taken, used, removed, prejudiced, or of which the course shall be altere.i, or ibr all damages to be by them sustained in or by the execution ol all or any of the powers given by this Act ; and this shall be sufficient to indemnify the said Company and their servants, agents or workmen, and all other persons whatsoever, for what they or any of them shall do by virtue of the powers hereby granted, subject nevertheless to such provisions and restrictions as are hereinafter men- tioned. III. Provided always, and be it .nacted, That Highway* to be kept whenever the . said Company shall have occasion to SJSn mMiiTby^Md." carry their Rail-way along or across any street or highway in the City of Quebec, they shall at all times leave at least one half the width of the road-way clear of all obstructions arising from their work, nor shall the said Company have power to lay down a rail or track in any of the streets of the said City of (Quebec unless with the consent of the Corporation of the said City, and by virtue of a By-law thereof, nor when the said Rail-road shall cross any public street or highway, shall the ledge or flange of such Rail-way, for the purpose of guiding the wheels of the carriages, rise above the level of such road nor sink below the level of the same more than one inch. IV. And be i Miacted, That for the purposes of Surveyors to take this Act, the said Company shall and may, by some aTooktf 'refe?enc?*' sworn land Surveyor for Lower Canada, and by an Engineer or Engineers by them to be appointed, cause to be taken and made surveys and levels of the lands through which the said intended Rail-road is to be carried, together with a map or plan of such Rail-road and of the course and direction thereof, and of the said lands through which the same is to pass, and the lands intended to be taken for the several purposes authorized by this Act, so far as then ascertained, and also a book of reference for 8 the said Rail-road in which shall be set forth a des- cription of the said several lands and the names of the owners, occupiers and proprietors thereof, so far as they can be ascertained by the said Corporation, and in which shall be contained every thing neces- sary for the right understanding of such plan or map ; which said plan or map and book of reference shall be examined and certified by the person performing the duties formerly assigned to the Surveyor-General or his deputies, who shall deposit copies thereof in the office of the Prothouotary of the Superior Court for the District of Quebec, and also in the office of the Secretary of the Province, and shall also deliver one copy thereof to the said Company ; and all per- sons shall have liberty to resort to such copies so to be deposited as aforesaid, and to make extracts or copies thereof as occasion shall require, paying to the said Secretary of the Province, or to the said Pro- thouotary, at the rate of six pence, current money of this Province, for every hundred words ; and the said triplicates of the said map or plan and book of reference, so certified, or a true copy or copies thereof, certified by the Secretary of the Province or by the Prothonotary, shall severally be, and are hereby declared to be good evidence in the Courts of Law and. elsewhere. ex< Road not to sink or rise more than one inch when crossing highways, V. Provided always, and be it enacted, That where the said Rail-road shall cross, or be carried along any street or public highway (which words shall in this Act include all public streets, lanes or other public ways or communications), neither the rail nor any other part of the Rail-road or works con- nected therewith, shall rise above the level of such street or highway, or sink below the level of such street or highway more than one inch ; nor shall any locomotive be \%^orked on the Rail-road within the limits of the City of Quebec, nor shall any car or carriage be drawn or propelled within the City by steam o.' by any other power than that of horses or other animals, attached to the cars or carriages. set forth a deg. a the names of thereof, so lar a Corporation, ry thing neces- 1 plan or map ; feference shall >n periorming l^eyor-General les thereof in "perior Court ^^e office of 1 also deliver I and all per- ' copies so to ' extracts or laying to the he said Pro- 'nt money of s ; and the and book of 'or copies Province or i 'e, and are I the Courts ted, That be carried licii words '> lanes or either the 'orks con- el of such ' of such ^or shall id within any car the City >f iiorses arriages. except by virtue of a By-law passed by the Cor- poration of the said City. VI. Provided always, and be it enacted, That Height of arches, &c. where any bridge shall be erected or made by the said Company, for the purpose of carrying the said Rail-road over or across any public highway, the space of the arch of any such bridge shall be formed, and shall at all times be and be continued of such breadth as to leave a clear and open space under every 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 sixteen feet, and the descent under any such bridge shall not exceed one foot in twenty feet. VII. Provided always, and be it enacted. That inAscentofbridges,&c. all places, where it may be necessary to erect, build, or make any bridge or bridges, for carrying any public or carriage road, over the said Rail-road, the ascent of every such bridge, for the purpose of every such road, shall not be more than one foot in twenty feet ; and a good and sufficient fence shall be made on each side of every such bridge, which fence shall not be less than four feet above the surface of such bridge. VIII. Provided always, and be it enacted, That in signboards to be all cases where the said intended Kail-way shall cross ^'^^^'^ ** crossings, any public highway on a level, the said Company shall erect, and at all times maintain a good and sufficient sign board stretching across the highway at such height as to leave sixteen feet from the highway to the lower edge of the sign board, and having the words " Rail-way crossing," Traverse de Chemin a Rails" painted in black letters not less than six inches in length, on a white ground, on each side of such sign board, under a penalty of Five Pounds currency, for every offence, to be recovered in like manner as any other penalty under this Act may be recovered. IX. And be it enacted. That the said Company Enori^ in book of may make, carry or place their said intended Rail- 'fT!^"^ "°* 'I'^T •',-',.', r iiirt ^ ""*■ company irom road and works mto, across or upon the lands of any entering upon lands. person or party whomsoever on the line aforesaid. 10 although the name or such party be not entered in the said book of reference, through error, want of sufficient information, or any other cause, or although some other person or party be erroneously mentioned as the owner of, or party entitled to convey, or interested in such lands. Company may occupy X. And be it enacted, That it shall be lawful for beaches, &c. ^|^g ^^^j Company, to take, use, occupy and hold, but not to alienate, so much of the public beach or beach road, or of the land covered with the waters of the River Saint Lawrence at high tides on both the south and north shores of the said river, at the points on the said shores where the said intended Rail-road may reach the said River Saint Lawrence, or of the land covered by the waters of any other river or stream, or of their respective beds, (not exceeding the quantity limited in the next following section) as may be required for the said Rail-road and other works which tiiey are hereby authorized to construct, doing no damage to nor causing any obstruction in the navigation of the said river or rivers. Lands taken forraiu XL And be it enacted. That the lands or grounds cer?aki°breadth^*'^ * ^^ ^® taken or used for such intended Rail-road, and the ditches, drains and fences to separate the same from the adjoining lands, shall not exceed thirty-three yards in breadth, except in such places where the said intended Rail-road shall be raised more than five feet higher or cut more than five feet deeper, than the present surface of the land, in such places where it shall be judged necessary to have oil-setts for the locomotives or other engines and carriages using the said intended Rail-road, to lie or pass each other (and not above one hundred and lifiy yards in breadth in any such place), or where any houses, ware- houses, V harves, toll-houses, watch-houses, weighing- beams, cranes, fixed engines or inclined planes, may be erected, or goods, wares and merchandizes 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 Proprietor, or of some party who can under the provisions of t)ai| X a IS ro£ CO} Xtti le£ ot entered in ^I'or, want of e, or although sJy mentioned convej, or ^e lawful for ind hold, but ach or beach aters of the >th the south le points on d Rail-road ce, or of the er river or t exceeding ^g section) d and other construct, truction in or grounds -road, and the same "I'ty-three ^vhere the f^ore than -t deeper, ^|i places 'jf-setts for g visions I I 11 of this Act "convey such lands to the said Com- pany, and the places r vhich such extra breadth is to be taken shall be si^nvn upon the said plan or map ; provided always, that no land shall be taken by the said Company from any public highway, but the right of the Company shall be limited to the laying down, across or along the same, the rails and other contrivances, forming part of the said Rail-road, subject to the limitations mentioned in the fifth section or any other part of this Act. XII. And be it enacted, That after any lands or Company may con- grounds shall be set out and ascertained in manner Jo^,^jJiJ,^^^^p aforesaid, for making and completing the said Rail- road and other works, and other the purposes and conveniences hereinbefore mentioned, it shall and may be lawful for all bodies corporate, politic or col- legiate, corporations aggregate or sole, communities, greves de substitution, guardians, curators, executors, administrators, and all other trustees or persons 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, /«?wi^s covert, or other per- sons or parties, who are or shall be seized, possessed, • or interested in any lands or grounds which shall be so set out and ascertained as aforesaid, or any part thereof, to contract for, sell and convey unto the said Company, all or any part of such lands or grounds which shall under this Act be set out and ascertained 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 thereof in any wise notwith- standing ; and that all bodies politic, corporate or collegiate, or communities, and all persons whatso- ever, so conveying as aforesaid, are hereby indem- nified for what he, she or they, or any of them shall respectively do by virtue of or in pursuance of this Act : Provided always, that before the plan or mapp»viso: certain and book of reference shall be deposited, and before ^g"^"'** ™*'^® As to corporations and parties who cannot sell. •t; 12 the lands required for the said Rail-road and works shall be set out and ascertained, it shall be lawful for any party who might under this Act convey any lands to the said Company, if the same were so set out and ascertained, to agree with the Company for the price to be paid for such lands, if they shall be thereafter so set out and ascertained ; and such agreement shall be binding, and the price agreed upon shall be the price to be paid by the Company for the same lands, if they shall be afterwards so set out and ascertained, within one year from the date of such agreement, and although such land may in the mean time have become the property of a third party. XIII. Provided always, and be it enacted, That any body politic, community, corporation or other person or persons whomsoever, who cannot, in com- mon course of law, sell or alienate any lands or grounds so set out and ascertained, shall agree upon a fixed annual rent as an equivalent, and not upon a principal sum, to be paid for the lands or grounds so set out and ascertained as necessary for making the said Rail-road and other the purposes and con- veniences relative thereto and connected therewith ; and in case the amount of such rent shall not be fixed by voluntary agreement or compromise, it shall be fixed in the maimer hereinafter prescribed, and all proceedings shall in that case be regulated as herein- after prescribed, and for the payment of the said annual rent, and every other annual rent, agreed upon or ascertained, and to be paid by the said com- pany for the purchase of any lands or for any part of the purchase money of any land, which the vendor of any land shall agree to leave in the hands of the said Company, the said Rail-road, and the tolls to be levied and collected thereon shall be and are hereby made liable and chargeable, in preference to all other claims or demands thereon whatsoever ; the deed creating such charge and liability being duly --egistered X "whej prie^ agrej pan] togei land| for •bine prie^ proj deli^ Cor as tt 'ad and works 'all be lawful ct convey any 'e Were so set Company for t'ley shall be ^ ; and such pnce agreed the Company rwards so set '«'« the date land may in ty of a third acted. That on or other not, in com- nj" lands or agree upon id not upon or grounds for making s and con- therewith ; 'all not be 'se, it shall , ' •ed, and all as herein- ^' the said It, agreed said com- ny part of le vendor ids of the e tolls to and are / -renee to tsoever ; ty being 13 XIV. Provided always, and be it enacted, That As to proprietow jww whenever there shall be more than one party pro- *'*''*^"' prietor of any land or property, par indivis, any agreement made in good faith between the saia Com- pany and any party or parties proprietor, or being together proprietors, of one third or more of such land or property, as to the amount of compensation for the same cr for any damages thereto, shall be binding as between the remaining proprietor or pro- prietors par indivis and the Company ; and the proprietor or proprietors who have so agreed, may deliver possession of such land or property to the Company, or empower them to enter upon the same, as the case may be. XV. And be it enacted, That it shall be lawful as to compensation for the said Company of Proprietors to apply to the j?' 'ands, &c. taken several owners of the estates, lands and grounds*'"*''***' through which such Rail-road is intended to be car- ried, and to agree with such owners, respectively touching the compensation to be paid to them by the said Company of Proprietors for the purchase thereof, and for their respective damages ; and in case of disagreement between the said Company and the said owners, or any of them, then all questions which shall arise between the said Company, and the several proprietors of, and persons interested in any estates, lands or grounds that shall or may be taken, affected or prejudiced by the execution of any of the powers hereby granted, or any indemnification for damages which may or shall be at any time or times sustained by any bodies politic or corporate, or communities, or any other person or persons res- pectively, being owners of or interested in any estate, lands or grounds, for or by reason of the making, repairing or maintaining the said Rail-road or other works or machines incidental or relative thereto or connected therewith, shall and may be settled by agreement of the parties, or by arbitration, or if either of the parties shall not be inclined to make an agreement, or to appoint arbitrators, or by reason of absence shall be prevented from treatinj 'e>j m 14 through disability, by non-age, coverture or other impediment, cannot treat or make such agreement, or enter into such arbitration, or shall not produce a clear title to the premises, which they claim an interest in, then, and in every such case, the said Company of Proprietors may make application to the Superior Court stating the grounds of such Jurytobe summoned, application, and such Court is hereby empowered and required from time to time, upon such application, to issue a Warrant, directed to the Sheriff of the District « for the time being, commanding such Sheriff to * impannel summon and return a jury, qualified accord- ing to the Laws of Lower Canada to be returned for trials of issues joined in civil cases in the said Court, to be and appear before the said Court at such time and place as in such Warrant shall be appointed, and all parties concerned may have iheir lawful challenge against any of the said jurymen, but shall not challenge the array ; and the said Court is hereby empowered to summon and call before them, all and every such person or persons as it shall be thought necessary to examine as witnesses touching the matters in question, and the said Court may authorize and order the said jury, or any six or more of them, to view the place or places, or matter in controversy, which Jury upon their oaths (all which oaths, as the oaths to be taken by any person or persons who shall be called upon to give evidence, the said Court is hereby authorized to administer), shall enquire of, assess, and ascertain the distinct sum or sums of money, or annual rent to be paid for the purchase of such lands or grounds, or the indemnification to be made tor the damage that may or shall be sustained as aforesaid, and in so doing the said Jury shall take into consideration the damage or inconvenience which may arise by means of any bridges, roads or other communication made neces- sary by reason of the said Rail-road, and may assess Proviso: certain rules Separate damage for the same ; Provided always, that established as to mode the Said Jurv are hereby required, authorized and ot calculating com- 1/ ^ i • . •! i« .i • t pensatio' empowered to take into consideration the increased value that would be given to any lands or grounds throi sboi roac penii the loss! afoH set adji ^ oth( I sucl % sucl thei to Maj] bodi and ture or other cli agreement, JJot produce 1 they claim 'c« case, the e application inds of such powered and ^plication, to I the District 1 Sheriff to ified accord- returned for • said Court, ' such time pointed, and ^1 challenge »t challenge empowered every such ecessary to in question, erthe said the place -'"ry upon o be taken 'd upon to I authorized ^ ascertain I 'al rent to 1 ounds, or nage that | ' so doing I e damage | 5 of any 'e neces- y assess ays, that 5ed and icreased grounds 15 through or over which the said intended Rail-road should pass by reason of the passage of the said Rail- road through or over the same, and to set off or com- pensate the said increased value that would attach to the said lands or grounds, against the inconvenience, loss or damage, that might be suffered or sustained as aforesaid, and the said Jury shall distinguish the value set upon the lands, and the money assessed or adjudged for damages separate and apart from each other ; and the said Court shall give judgment for such sum, rent or indemnification so to be assessed by I such juries, which said verdict, and the judgment so t thereupon pronounced, shall be binding and conclusive to all intents and purposes against the Queen's Majesty, Her Heirs and Successors, and against all bodies politic, corporate, or collegiate, or communities, and all persons whomsoever. XVI. And be it enacted, That in all cases where a As to cases in which verdict shall be given for more money as an indemni- Iloiney ultn 'ni""^ fication or satisfaction, for any lands, grounds, or virusiy offered, hereditaments or property, or for any annual rent of any lands, grounds, hereditaments or property, of any person or persons \yhomsoever, than had previously been offered by or on behalf of the said Company, then all the expenses of summoning such Jury and taking such inquest, shall be settled by the Court and defrayed by the said Company of Proprietors, but if any verdict shall be given for the same or a less suir than had been previously offered by and on behalf of the said Company, or in case no damages shall be given by the verdict when the dispute is for damages only, then and in every such case, the costs and expenses shall be settled in like manner by the Court, and be borne and paid by the party or parties with whom the said Company shall have had such controversy ; which said costs and expenses having been so settled, shall and may be so deducted out of the money so assessed and adjudged, when the same shall exceed such costs and expenses, as so much money advanced to and for the use of such person or persons ; and the payment or tender of the remainder of such money "1? On payment, &o. of sum, &c. company mav take poeBession of lande, Agreements, &c. to be kept of record by prothonotary, 16 shall be deemed and taken, to all intents and purposes, to be a payment or tender of the whole sums so assessed or adjudged as aforesaid. XVII. And be it enacted, That upon payment or legal tender of such sum or sums of money or annual rent, as shall be contracted or agreed for between the parties, or determined by arbitrators, or assessed by such Juries in manner respectively as aforesaid to the Proprietors thereof, or other person or persons entitled to receive the same, or to the principle officer or otficers of any such body politic, corporate or col- legiate, or community, at any time after the same shall have been so agreed for, determined or assessed, such lands, grounds or hereditaments or property res- pectively, may be entered upon or taken possession of by the said Company, and applied to the purpose of making and maintaining the said Rail-road and other works and conveniences thereto appertaining. XVIII. And be it enacted. That all agreements, sales and conveyances, and all determinations by arbi- tration as aforesaid, or notarial copies thereof when the same may be passed before Notaries, and also the said verdicts and judgments thereupon, shall be trans- mitted to and kept by the Prothonotary of the Superior Court in the District of Quebec, to be kept among the records of the said Court, to all intents and purposes ; and the same, or true copies thereof, shall be allowed to be good evidence in al! Courts whatsoever in this Province, and all persons shall have liberty to inspect the same, paying for each inspection the sum of one shilling currency, and to- have and obtain copies thereof, paying for every copy not exceeding one hundred words, the sum of six pence currency, and so in proportion for any number of words ; and immediately on such payments of pur- chase money or rent as aforesaid, and entry of such agreements, sales, conveyances, determinations by arbitration, verdicts, judgments, and other proceedings of the said Court and Juries, all the estate, right, title, interest, use, trust, property, claim, and d( mand, in law and equity, of the person or persons for whose payn demi; samel legiaj subjt sons sand purposes, whole sums so on payment or pney or annual or between the r assessed by ibresaid to the . or persons 'inciple officer porate or coI> ter the same a or assessed, property res- '^ possession the purpose aii-road and pertaining, .agreements, lonsbyarbi- fiereof when and also the 'allbetrans- ary of the » to be kept all intents •es thereof, all Courts rsons shall ' y ft>r each 'J, and to' 'Very copy "m of six 'y number Its of pur- I ' of such I itions by f ^eeedings ? ght, title, «and, ill r whose 17 Sse such money or rent shall be paid into and out of le said lands, grounds and tenements, hereditaments aind premises, shall vest in the said Company, and the i^id (Company shall be deemed in law to be in actual possession a.id seisin of the same to all intents and purposes whatsoever, as fully and effectually as if ^ery person having an estate therein, had been able to convey and had actually conveyed the same to them by the most effectual legal conveyance, and such payment shall bar all right, title, interest, claim and demand of the person or persons to whose use the same shall be made, bodies politic, corporate or col- legiate, ecclesiastical or civil communities, women subject to marital authority, minors, interdicted per- sons or absentees, who may have or claim to have any right, title, interest, claim or demand therein, and of every other person or persons whomsoever, even for dower not yet open {douaire non encore ouvert) ; any law to the contrary notwithstanding. XIX. And be it enacted. That application to the T'"® ^''*»° "^^^^ said Court for indem;iity for any damage or injury lhaKdidI°"^^° sustained by reason of the powers and authority given by this Act, shall be made within six calendar months next after the time of such supposed damage sustained, or in case there shall be a continuation of damage, then within six calendar months next after the doing or committing such damage shall cease, and not after- wards, and the Defendant or Defendants shall and may plead the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon, and may aver that the same was done in pursuance and by authority of this Act. XX. And be it enacted, That if any person shall. Penalty on persons by any means or in any manner or way whatsoever," ^"^'^'='■"8 '*«l'°* • obs'ruct or interrupt the free use of the said Rail-road or the carriaa;es, vessels, engines or other works inci- dental or relative thereto or connected therewith, or d(t any other wilful h rtor mischief, such person shall for everv such offence incur a forfeiture or penalty of 'ry not It'ss than five pouii'ls, nor exceeding ten pounds currency; one haU' of which penalty and forfeiture, 2 Penalty on persons cauiinji damage to road, £c, lit ^! F 18 to be recovered before one or more Justices of the Peace, shall go to the prosecutor or informer, and the other half to Her Majesty, Her Heirs and Successors, and shall be paid into the hands of the Receiver General, and be applied for the public uses of this Province, and the support of the Government thereof. XXI. And be it enacted, That if any person or persons shall wilfully or maliciously, and to the pre- judice of the said Rail-road authorized to be made by this Act, break, throw down, damage or destroy the same or any part thereof, or any of the houses, warehouses, toll-houses, watch-houses, weigh-beams, cranej, carriages, vessels, engines, inclined planes, machines or other works or devices incidental and relative thereto or connected therewith, or do any other wilful hurt or mischief, or wilfully or maliciously obstruct or interrupt the free use of the said Rail-road, vessels or works, such person or persons shall be adjudged guilty of felony, and the Court by and before whom the person or persons shall be tried and con- victed, shall have power and authority to cause such person or persons to be punished in like manner as felons are directed to be punished by the laws in force in this Province, or in mitigation thereof, to award such sentence as the law directs in cases of simple larceny, as to such Court shall seem fitting. Books of subscription XXH. And to the end that the said Company may be enabled to carry on so useful an undertaking : Be it enacted, That it shall and may be lawful for the said Company of Proprietors and their successors, to raise and contribute among themselves, in such pro- portions as to them shall seem meet and convenient, a competent sum of money for the making and com- pleting the said Rail-road and vessels, and all such other works, matters and conveniences as may be found necessary formaking, effecting, preserving, improving, completing, maintaining and using the said Rail-road, vessels and other works : Provided always, that the before mentioned Peter Patterson, the Honorable Louis Massue, the Honorable Louis M6thot, W.. H. Benson, Esquire, John Jones, F. R. Angers, Henry Stewj turell aid, to be opened. Proviso. ti! If: .Justices of the "ormer, and the and Successors, ? the Receiver '« ^ses of this rmem thereof, any person or anrf to the pre- to be made by or destroy the ^' '«o. always, that the sums so raised shall not exceed six S^o%5f '" ^^ hundred and fifty thousand pounds, current money of this Province, in the whole, except as is hereinafter mentioned, and that the same be divided into such number of shares as hereinafter directed, at a price of twelve pounds ten shillings currency aforesaid, per share, and the money id be raised is hereby directed and appointed to be laid out and applied in the first place for and towards the payment, discharge and satisfaction of all fees and disbursements for obtain- ing and passing this Act, and for making the surveys, plans and estimates incident thereunto, and all other expenses relating thereunto, and all the rest, residue and remainder of such money for and towards making, maintaining the said Rail-road and Icy. - i q * W- pilU to be divided into 53,000 tharM 9f 419 lOt, each. 20 other the purposes of this Act, and to no other use, intent or purpose whatever. XXIII. And be it enacted. That the said sum of six hundred and fifty thousand pounds currency, or such part thereof as shall be raised by the several per.'.oiij hereinbefore named, and by such other person o»' per- sons who shall or may at any time become a sub- scriber or subscribers to the said Rail-road and other works, shall be divided and distinguished into lifiy-two thousand equal parts or shares at a price not exteed- ing twelve pounds ten shillings currency aforesaid per share ; and tliat the sluires be deemed personal estate, and shall be transferable as such ; and that the said fifty-two thousand shares shall be and are hereby vested in the said several subscribers, and their several respective heirs, executors, curators, administrators and assigns, to their and every ot their proper use and behoof, proportionably to the sum I hey and each of them shall severally subscribe and pay thereunto, and all and every the bodies politic, cor- porate or collegiate, or communities, and all and every person or persons, their several and respective succes- sors, executors, curators, administrators and assigns, who shall severally subscribe and pay the sum of twelve pounds ten shillings, or such sum or sums as shall be demanded in lieu thereof, towards carrying on and completing the said intended Rail-road, shall be entitled to and receive, after the said Railroad shall be completed, the entire and net distribution of the profits and advantages that shall and may arise and accrue by virtue of the sum and sums of money to be raised, recovered or received by the authority of this Act, in proportion to the number oi'^li:i'(^s so held : and every body politic, corporate or rollr;'iu't', or community, person or persons, havin 1:1 pro- perty of one fifty-two thousandth part or share in the said undertaking, and so in proportion as aforesaid, fiha)l bear and pay an adequate and proportional sum of money towards carrying on the said undertaking, in liiPoner by this Act directed and appointed. • x: bi^la] meet! pub\i| U air le hI Wapiti *o no other use, e said sum of six ''•'ewcy, or such several pei-.^,.. '*• person o,»«r. become a sub- --road and other ^^'"itofitiy-two ^«?e not exceed- ■^"^y aforesaid '";<'<' J'erNonal " »e and arp '^cribers, nua fors, curators, ®\_«ryo//heir ^thesumdiey ••ibe and ,,uy » politic, cor- all and every active succes- and assigns, ^be sum of or siuns as •«s carrjinff -road, shall ' » Rail -road \ tribution of ' '"fij arise f ^' of money .authority i J'hNi'(^s so are in the atbi-fNuid^ onal sutYi ertaKijig^ ;d. I 91 • XXIV. And be it enacted, That it shall and may PreftwntUljto* b^ lawful for the said Company, at any special general r Jhu oThoUeii meeting the shareholders thereof convoked bythwwf. public notice to that effect published, as by this Act if directed, for the space of six weeks pn^vious totho ly fixed for such special meetin/ to dec I are that le shares or any given number of tlie shares of tlio lapital Stock of the Company remaining unsubscribed [or, shall, on being subscribed i'or, entitle the holders to the preference iu the division of profits hereinafter providcf! : :MKi thereupon, the shares to be newly sub- scrib ;d lor, cj". entitled to such preference, shall be distill 'j;ui^hed a.> shares of the New and Preferential •r^tock ol the Company, and the Directors of the Company shall and may thereafter from time to time, . and wheresoever in this Province "or elsewhere, and under such regiUations as they shall deem meet, open a book or books for the receipt of subscriptions for the shares of the New and Preferential Stock of the Company ; and subscribers therefor, and their legal representatives and assigns, shall be deemed holders of the shares subscribed for, and be liable and bound to pay the calls to be made in respect thereof, and otherwise shall be on the same footing as the holders of shares of the Old Stock, but with the said preference in the division of profits hereinafter provided ; and all transfers of shares of the capital stock of the Company shall express whether the shares transferred are shares of the Old Stock or of the New and Pre- ferential Stock of the said Company. XXV. And be it enacted, That the said Com- Company may borrow pany may from time to time lawfully ])orrow either ™°"^^' iu thif Province cv elsewhere, such sum or sums of money, not exceeiliilg at any one tiinc the sum of one ^"i}^ °^^ interest hundred and fifty thousand pounds, currency, as they may find expedient, and at such rate of interest not exceeding six ]>':^r cent, per anniun as they may think proper ; and may nuke the bonds, debentures, or other securities they slia'l grant for the sums so borrowed, payable either in currency or in sterling, and at such place or places within or without this Province as \h ii'i 22 they may deem advisable, and may hypothecate oi pf^^ pledge the lands, tolls, revenues, and other property del '3 of the said Company for the due payment of the said one 1 sums and the interest thereon. Beg* Debentures for money XXVI. And be it enacted, That in borrowing Ip^^'l fomTwheduiS moneys by way of loan, and in creating mortgages or ttier^ i & 2. hypoilieques for securing the same, the debentures of Ji^ the said Company therefor, shall and may be in the fert^ forms contained in the Schedules numbers one and cant two respectively, annexed to this Act, and the regis- tration at full length, of a debenture, in the form of the Schedule number one, in the Registry Office for the County in which the land or real estate, or any por- tion of the land or real estate of the Company thereby specially mortgaged and hypothecated shall lie, shall perfect the mortgage or hypotheque created by such debenture ; and the debenture and mortgage or hypo- theque thereby created shall be, to all intents and pur- poses, binding upon the said Company, in favor of the holder of the debenture ; any law or usage to the contrary notwithstanding : Provided always, that no debenture of the said Company shall be for a less sum than one hundred pounds currency. XXVII. And be it enacted, That if after the regis- cMctlled debentures. ^^^^^^^ • ^^ ^ County Registry Office of a debenture of the said Company creating a mortgage or hypotheque, such debenture shall be presented at the Registry Office at which it was registered, with the word " cancelled," and the signature of the President, or other duly authorized Director of the said Company, or of the Secretary of the said Company written across its face, the Registrar or his deputy, on receiving the u.«ual fee in that behalf, and on proof of the cancel- lation, by the oath of one credible witness, (which oath the Registrar or his deputy is authorized to administer,) shall forthwith make an entry, in the margin of the Register, against the registry of such debenture, to tlie effect that the same has been can- celled, adding to such entry the date thereof, and his signature, and thertupon tlie cancelled debenture shall be tiled and remain of record in the said Registry ProviN. Enrecistr&tion of , hypothecate 0/ , other propertv f'^^nt ofthe said f i" horrowim "^;«ortgagesof e (lebeiitiires of F "^ay be ii, the ^'"bers one and • a«(i the regis. the form of the . ^tBce ior the ^' o^ any por. "^P^i^y thereby '^J'^l Jie, shall ^,^^^^ hy such '^e«tsandpur. » in favor of ^ "sage to the ^ajs, that no ^or a less sum W the regis- rfebeiiture of " \hpomque, ]^ J^egistry 1 the word ^'^sident, or . Company, ^^ten across '^i^i^ig the ^e eancel- s, (which I orized to y> ill the y of such ;een caji- 1 ajid his I ^beiitiire ^^'gistry 23 .office : Provided always, that if any such cancelled Proviso. de] jnture shall have been registered in more than (me Registry office, it shall remain of record in the Begistry office of the county within which the greater imrt of the property morlgaged and hypothecated Siiereby shall lie, the other Registrar or Registrars, or jlis or their deputies, having first endorsed thereon a lertifi ?ate of the entry by him or them made of the cancellation thereof XXVIII. And be it enacted, That if at any time, auebec corporation the Mayor and Councillors of the City of Quebec, or ^".'^"^'JSSf ^^^^^^ the Ecclesiastics of the Seminary of Quebec, or the shares, &c. Ladies of the Ursuline Convent of Quebec, or of the Hotel-Dieu of Quebec, or any other Corporate Body, Civil, Ecclesiastical or Collegiate, in this Province, shall be desirous of subscribing for shares of the Capital stock of the said Company, or of otherwise promoting the speedy completion of the said Rail- road, by loans of money or securities for money at interest, it shall be lawful for them respectively so to do in like manner and with all the rights and privi- leges in respect thereof, as private individuals may do under and in virtue of this Act ; any thing in any Ordinance or Act, or Instrument of Incorporation of any such body, or in any law or usage to the con- trary notwithstanding : Provided always, and be it Proviso. enacted, that if the Mayor and Councillors of the City of Quebec become stockholders of the said Company or loan money or securities for money to the said Company, then and in that case the Mayor shall be, ex officio one of the Directors of the said Company without being subject to election. XXIX. And be it enacted, That on the completion Order of charges on of the said Rail-road, the revenue derived therefrom "''*""'' °^'***'^* shall be applied in the following order, that is to say : First. To the discharge of all direct and incidental incidental expense*. expences necessary for the full and effecient working of the said Rail-road and its accessories, and keeping the same in perfect order and repair ; Secondly. To the payment of annual rents ( r^;? if ^s Annual rents, constitutes) ; 'W( i 24 Interest. Interest, Sinkinf; fund. li! w> H II Dividend on preferen tial stock. On old stock. On both stocks. Thirdly. To the payment of interest on moneys loaned to the Company under the guarantee of either the Provincial or the Imperial Government for the payment of such interest; Fourthly. To the payment of interest on all other moneys loaned to the said Company : Fifthly. To the appropriation of a portion not less than two per centum of the amount of the remaining revenue or profits as a sinking fund towards the dis- charge of the capital of moneys loaned to the Com- pany ; Sixthly. To the payment of dividend of profits to the extent of six per centum per annum on the shares of the " New and Preferential Stock" of the Company ; Seventhly. To the payment of dividends of profits to the extent of six per centum per annum on the shares of the Old Stock of the Company ; Lastly. To the payment of dividends of profits on the Old and Nev,^ and Preferential Stock of the Com- pany without distinction. Company may become XXX. And be it enacted, That the said Company parties^ promissory g^aH have power to become parties to promissory ' notes and bills of exchange, and any promissory note made or endorsed, and any bill of exchange drawn, accepted or endorsed by the President of the Com- pany and countersigned by the Secretary and under the authority of a majority of a quorum of the Direc- tors, is and shall be binding upon the Company, and every promissory note or bill of exchange made, drawn, accepted or endorsed by the President of the said Company, and countersigned by the Secretary as such, either before or after the passing of this Act, shall be held to have been properly made, drawn, accepted or endorsed, as the case may be, for the Company, until the contrary be shown ; and in no case shall it be necessary to have the seal of the Company atFixed to any such bill of exchange or pro- missory note, nor shall the President or the Secretary and Treasurer of the Company so making, drawing, accepting or endorsing any such promissory note or bill of exchange be thereby subjected individually to V an( Pre or ■■-'!«»<.. i l^st on moneys Nntee of either ^nment for the h «n ali other Wtion not Jess the remaininff hrds the dis! ' *« the Com- «^ profits to on the shares le Company; '^s of profits ""»" on the o^ profits on o^ the Com^ ^ Company promissory iissorv note 'ge drawn, t^Je Com- ^nd under theDirec- Pany, and ?e made, intofthe !>ecrerary this Act, drawn, ^i>r the J in no ' of the ■or pro- cretary 'awing^ lote or ally to 25 iiny liability whatever ; Provided always, that nothing Proviso. in this clause shall be construed to authorize the said Company to issue any note payable to bearer or any promissory note intended to be circulated as money, or as the notes of a Bank. XXXI. And be it enacted, That the number of Proportion of votes to votes to which each Proprietor of shares in the said^'^*'^^- undertaking shall be entitled on every occasion where in conformity to the provisions of this Act, the votes of the members of the said Company of Proprietors are to be given, shall be in the proportion to the num- ber of shares held by him, that is to say : one vote for each share less than one hundred and fifty ; Pro- vided always, that no one proprietor as aforesaid, shall have more than one hundred and fifty votes ; and all proprietors of shares whether resident in this Proxies. Province or elsewhere, may vote by proxy, if he, she or they shall see fit, provided that such proxy be a proprietor in the said Company, and moreover do produce from his constituent or constituents, an appointment in writing in the words or to the eftect following, that is to say : " I of one of the Proprietors ponn of proxy. " of the Quebec and Richmond Rail-road, do hereby " nominate, constitute and appoint of *' to be my proxy, in my name and in my " absence, to vote or to give my assent or dissent to any business, matter or thing, relating to the said *' undertaking that shall be mentioned or proposed " at any meeting of the Proprietors of the said under- " taking, or any of them, in such manner as he, the " said , shall think proper, according to his " opinion and judgment, for the benefit of the said " undertaking, or any thing appertaining thereto. In " witness whereof, I have hereunto set my hand and " seal, the day of in the year And such vote or votes by proxy, shall be as valid as if such principal or principals had voted in person ; and whatever question, election of proper officers, or matters or things shall be proposed, discussed or considered in any public meeting of the proprietors, (( 26 Shareliolders not individually liablej First general meeting of proprietors, What may be done at it. Time of holding office of directors. Special general meetings, to be held by virtue of this Act, shall be determined by the majority of votes and proxies then present and so given as aforesaid, and all decisions and acts of any such majority shall bind the said Company. XXXii. And be it enacted, That no Shareholder in the said Company of Proprietors, shall be in any manner whatsoever liable for or charged with the payment of any debt or demand due by the said Com- pany beyond the extent of his, her or their share in the Capital of the said Company not paid up. XXXIII. And be it enacted, That the first gene- ral meeting of the Proprietors for putting this Act in execution may be held at the Court House in the City of Quebec, whenever fifteen hundred shares in the said undertaking shall have been subscribed for, provided that public notice thereof be given during one week in some newspaper published in the English language, and in some newspaper published in the French language, at Quebec, and signed by at least ten of the subscribers to the said undertaking holding among them at least two hundred shares ; and at such general meeting the Proprietors assembled, with such proxies as shall be present, shall choose thirteen per- sons, being each a Proprietor of rot less than ten shares in the said undertaking, to be Directors of the said Company, in such manner as is hereinafter directed, and shall also proceed to pass such Rules and Regulations and By-laws as shall seem to them fit, provided they be not inconsistent with this Act. XXXIV. And be it enacted. That the Directors first appointed (or those appointed in their stead, in case of vacancy,) shall remain in office until the election of Directors in the month of January, one thousand eight hundred and fifty-two, and that in the month of January in the said year, and each year thereafter, and on such day of the month, as shall be appointed by any By-law, an annual general meeting of the said Proprietors shall be held to choose Directors in the room of those whose office inav at that time become vacant, and generally to transact the business of the Company ; but if at any time it shall appear to any Iten liun* ting) of lawi day^ ne^ Cor cifyl teas peel to exei lesj acl^ .; sp< th« so C o1 a ,^e determined pnci acts of any mmy. ^ ^^i ^e in any fe^^ ^ith the f/^e said Com- f heir siiare in f « up. F ^^J^s Act in Tl ^"^ the ea shares in "scribed for ^n during .. l^ed in the .h>^ at least ^'^g iiolding «"tiatsucfi i^een per- than ten ^ofsofthe ereinafter cii Rules to them "lis Act. 3tors first i» case /^iection lousand lonthof reafter, Pointed 'le said in the ?corne of the • any 27 iten or more of such Proprietors, holding together two hundred shares at least, that for more effectually put- ting this Act in execution, a special general meeting of Proprietors is necessary to be held, it shall be lawful for such ten or more of them to cause fifteen days' notice at least to be given thereof in two public newspapers as aforesaid, or in such manner as the Company iJiall by any By-law direct or appoint, spe- cifying in such .notice tl e time and place, and the reason and intention of such special meetings res- pectively ; and the Proprietors are hereby authorized • to meet pursuant to such notices, and proceed to the execution of the powers by this Act given them with respect to the matters so specified only ; and all such acts of the Proprietors or a majority of them, at such special meetings assembled, such majority as prin- cipals or proxies not having less than two hundred shares, shall be as valid to all intents and purposes as if the same were done at annual meetings ; Pro- Proviso: supplying vided always, that it shall and maybe lawful for the JJ?p"«*''«« »" ^^^'^^^ said Company of Proprietors at such special meetings, (in like manner as at annual meetings,) in case of the death, absence, resignation or removal of any per- son elected a Director to manage the affairs of the said Company in manner aforesaid, to elect another or others in the room or stead of those of the Directors who may die, or be absent, resign or be removed as aforesaid, any thing in this Act to the contrary notwithstanding; but if such election be not made, such death, absence or resignation shall not invalidate the acts of the remaining Directors. XXXV. And be it enacted, That at each of the Retirement of said annual meetings of the Proprietors, three of the ''"^'^'°^^" said thirteen Directors shall retire in rotation, the order of retirement of the said first elected thirteen Directors being decided by lot, but the Directors then or at any subsequent time retiring shalKbe eligible for re-election : Provided always, that no such retirement Proviso, shall have effect unless the Proprietiti's shall at such annual meeting proceed to fill up the vacancies thus occurring in the Direction, Proviso. Proviso. 28 auoium of directors. XXXVI. And be it enacted, That any meeting of the said Directors, at which not less than five Directors shall be present, shall be competent to use and exercise all and any of the powers hereby vested in the said Directors of the said Company: Provided always, that no one Director, though he may be a Pro- prietor of many shares, shall have more than one vote at any meeting of the Din ctors, except the Chairman, who shall be chosen by and out of the said Directors, and who in case of a division of equal numbers, shall have the casting vote, although he may have given one vote before ; And, provided also, that such Directors shall from time to time be subject to the examination and control of the said annual and spe- cial meetings of the said Proprietors as aforesaid, and shall pay due obedience to all By-laws of the Com- pany, and to such orders and directions in and about the premises, as they shall from time to time receive from the said Proprietors at such annual or special meetings ; such orders and directions not being con- trary to any express directions or provisions in this Act contained : And provided also, that the Act of any inajority of a quorum (or five) of the Directors present at any meeting regularly held, shall be deemed the act of the Directors. XXXVII. Provided always, and be it enacted. That no person holding any office, place or employ- ment, or being concerned or interested in any con- tract or contracts under the said Company, shall be capable of being chosen one of the Directors for managing the aflairs of the said Company. XXXVIII. And be it enacted, Tlrat every such annual meeting shall have power to appoint, not exceeding three Auditors, to audit all accounts of money laid out and disbursed, on account of the said undertaking, by the Treasurer, Receiver or Receivers, and other Olficer and Officers, to be by the said Directors appointed, or by any other person or per- sons whatsoever, employed by or concerned for or under them, in and about the said undertaking ; and to that end, the said Auditors shall have power to Proviso. Officers of company cannot be directors. Appointment of auditors. 29 'y meeting than five tent to use ^eby vested Provided |ybeaPro- ^ one vote p'lairman, [Directors, lers, shall ,'ve given "at such ?ct to the and spe- 'Said, and le Com- ^nd about e receive f". special -'ng con- in this ' Act of directors c^eeined enacted, "Mploy- y con- »all be >rs for such t, not Its of ? said ivers, said per- T or and r to adjourn themselves over from time to time, and from place to place, as shall be thought convenient by them ; and the said Directors, chosen under the authority of Caiu for instalment. this Act, shall have power from time to time, to make such call or calls of money from the Proprietors of the said Ruil-road and other works, to defray the expense of, or to carry on the same, as they from time to time shall find wanting and necessiiry lor these purposes ; Provided however, that no call Proviso. do exceed the sum of One Pound Five Shillings for every share of Twelve Pounds Ten Shillings: And Proviso. provided also, that no calls be made, but at the dis- tance of at least one calendar month irom each other ; and such Directors shall have full power and autho- Further powers of rity to direct and manage all and every the affairs of "^'^*^'°"- the said Company, as well in contracting for and pur- chasing lands, rights and materials for the use of the said Company, as in employing, ordering and directing the work and workmen, and in placing and removing under-officers, clerks, servants and agents, and in making all contracts and bargains touching the said undertaking, so that no suih purchase, bargain, or other matter, be done or transacted without the con- currence of a majority of a quorum of such Directors, at a meeting of Directors, regularly held, or in con- formity with some express By-law of the Company ; and the owner or owners of one or more shares in Subscribers bound t© the said undertaking, shall pay his, her or their shares p"^ '^''^'^* of the moneys to be called for as aforesaid, to such person or persons, and at sut h time and place as the said Directors shall from time to time appoint and direct ; of which three weeks' notice at least, shall be given in two newspapers as aforesaid, or in such other man- ner as the SHJil Proprietors, or their successors, shall by any Hy-law direci or appoint; antl if any person Forfeiture for refusing or persons shall iirgVct or r« fuse U) pay his, her or '° P*y '^''^''®' their rateable or pr(iporir)iu»ble pait or share of the said money to be ('Hilen to their 3ted, That re of any inless the ne annual issembled nd every o and for action or 3 be com- ontract or ' and the ti the said Company y general iy person Jctors as s in the •emoved, er them ; E"the By- leir pro- f calling lace of Pointing >wer to for the d their od and orderly making, maintaining and using the said Rail- road and ail other works connected therewith, or belonging thereto, or hereby authorized, and for the well governing of all persons whatsoever travelling upon or using the said Rail-road and other works, or transporting any goods, wares, merchandize or other commodities thereon ; and by such By-laws to impose and inflict such fines or forfeitures upon the persons guilty of a breach of such By-laws, or orders as to such general meeting shall see-n meet, not exceeding the sum of twenty-five pounds, current money of this Province for every offence ; such fines and forfeitures to be recovered and levied by such ways and means as are hereinafter mentioned: which said By-laws and How By-iaws shall orders being put into writing, under the common sealof '''' ^"^ ** ^^' said Company of Proprietors, shall be published at least twice in two newspapers as aforesaid, and affixed in the office of the said Company, and in all and every other of the places where tolls are to be gathered, and in like manner as often Jis any change or alter- ation shall be made to the same ; and the said By-laws and orders so made and published as aforesaid, shall be binding upon and observed by all parties, and shall be sufficient in any Court of Law or Equity to justify all persons who shall act under the same ; and Copki of By-laws. any copy of the said By-laws, oi' any of them certified as correct by the President, and having the Seal of the Corporation affixed to it, shall be deemed authentic, and shall be received as evidence of such By-laws in any Court without further proof XLI. And be it enacted. That it shall and may be ^Jg'J'ofSJcSaS* lawful to and for the several Proprietors of the said Sn certain conditions,- Rail-road or undertaking to sell or dispose of his, her or their share or shares therein, subject to the rules and conditions herein mentioned ; and every purchaser shall have a duplicate of the deed of bargain and sale and conveyance made unto him or her ; and one part of such deed duly executed by seller and purchaser, shall be delivered to the said Directors or their Clerk for the time being, to be filed and kept for the use of the said Company, and 32 h Proviso. Form of sale of shares. Certain officers may be appointed. an entry thereof shall be made in a book or books to be kept by the said Clerk for that purpose for which no more than One Shilling and Three Pence shall be paiu ; and the said Clerk is hereby required to make such entry accordingly ; and until such duplicate of such deed shall be so delivered to the said Directors or their Clerk, and filed and entered as above directed, such purchaser or purchasers shall have no part or share of the profits of the said under- taking, nor any interest for the said share or shares, paid unto him, her or them, nor any vote as a Proprietor or Proprietors : Provided always, that an affidavit by the President or any officer of the said Company, cognizant of the fact, that the said Company is the sole owner of any vessel, shall be sufficient to warrant the registry of such vessel, under any Provincial Act, without any further allegation as to the members of the Company ; any thing in any Act or Law to the contrary notwithstanding. XLII. And be it enacted. That the sale of the said shares 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. of '* do hereby bargain, sell and transfer to the said " C. D. share {or shares) of the " stock of the Quebec and Richmond Rail-road " Company, to hold to him the said C. D., his heirs, " executors, curators, administrators and assigns, " subject to the same rules and orders, and on the ** same conditions that I held the same immediately " before the execution hereof. 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 and " seals, this day of in the " year XLIII. And be it enacted. That it shall and may be lawful to and for the said Directors, and they are hereby authorized from time to time, to nominate or books pose for e Pence required itil such d to the 1 entered sers shall d under- )r shares, 'ote as a that an the said the said shall be lel, under igation LlS ng in any J- Ifi of the I, varying ng parties the said es) of the Rail-road his heirs, i assigns, i on the mediately le said C. me rules, ands and in the and may I they are nominate 33 and appoint a Treasurer or Treasurers, and a Clerk or Clerks to tlie said Company ; taking such security for the due execution of their respective offices, as the said Directors shall think proper ; and such Clerk Duty of Clerk, shall in a proper book or books enter and keep a true and perfect account of the names and places of abode of the several Proprietors of the said Kail-road and other works, and of the several persons who shall from time to time become owners and Pro- prietors of, or entitled to any share or shares therein, and of all the other acts, proceedinrjs and transactions of the said Company and of the Directors for the time being, by virtue of and under the authority of this Act. XLIV. And be it enacted, That it shall and may toIU may iw be lawful to and for the said Company from time to 'icni^nJcd. time, and at all times hereafter, to ask, demand, take and recover, to and for their own proper use and behoof, for all goods, warns, movchandize and com- modities of whatever description, transported upon the said Kail-road or in the said steamboats or vessels, such tolls as they may deem expedient: which said now to be fixed, tolls shall be from time to time lixcd and regulated by By-laws of llic Company, and shall be paid to such persons, and at such place or places near to the said Kail-road, in such manner and under such regulations as the said Company shall direct and appoint ; and in case of denial or neglect of payment of any such rates or dues, or any part thereof, on demand, to the person or persons appointed to receive the same as aforesaid, the said Company may sue for and recover the same in any Court having competent jurisdiction, or the person or persons to whom the said rates or dues ought to be paid, may, and he is and they are hereby empowered to seize and detain such goods, wares, merchandize or other commodities, for or in respect whereof such rates or dues ought to l)e paid, and detain the same until payment thereof; and in the meantime the said goods, wares, merchandize or other commodities shall be at the risk of the owner or owners thereof; and 3 84 Provigo : againiit inono|)oly. Prov'iHo: Piv-Iawfl the said Company sluill have lull power, from time to time at any general meeting, to lower or reduce all or any of the said tolls, and again to raise the same, as often as it shall be deemed necessary for the interests of the said undertaking : Provided always, that the same tolls shall be payable at the same time fnd under the same circumstances upon all goods ai d upon all persons, so that no undue advantage, privilege or "monopoly, may be allbrded to any person or class of persons, by any Hy-liiw relating to the said tolls: And provided also, that all Hy-laws iSS"' "'"''''" of the said Company regulating the tolls to be taken on the said Rail-road, sliall be subject to the approval of the Governor in Council. Accounts when to bo X.LV. And in Order to ascertain the amount of the balanced. clear profits of the said undertaking, Be it enarted, That the said Company, or the Directors for managing the affairs of the said Company, shall and they 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 each year, of the money collected and received by the said Com- pany, or by the Directors or Treasurer of the said Company, or otherwise, for the use of the said Com- pany, by virtue of this Act, and of the chargeii and expenses attending the erecting, making, supporting, maintaining, and carrying on their works, and of all other receipts and expenditure of the said Company Dividends to be inaiio. or the Said Diretors ; and at the General Meetings of the Proprietors of the said undertaking, to be from time to time holden as aforesaid, a dividend shall be made out of the clear profits of the said undert^^king, imless such meetings 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 Pro- prietors, in the Joint Stock of the said Company, as such meeting or meetings shall think fit to appoint or determine : Provided always, that no dividend shall be made whereby the capital of the said Company shall be in any degree reduced or impaired, nor shall any dividend be paid in respect of any share, after a Proviso: capital not to be impaired. 30 in time reduce lise the iary for Irovideil able at jistances p undue prded to Irelating l?j-law's ]e taken ipproval it of tho enaf'tt'd, lanaging liey are articular palanced I year, of lid Com- the said ud Com- rgeii and pporting, nd of all i^ompany elings of be from shall be 3rt:^king, ise; and so much he Pro- 3any, as point or nd shall 'ompany lor shall , after a day appointed for payment of any call for money in respect thereof, until .such call sluiil have been paid. XJiV'l. Provided always, a!id be it enacted, That ^'""M">"y •« w a whenever tlni siiid Company shall have (leclared,,n',Va««oV(iivKnd for tlu! tlij'u preceding year a dividend or dividends"^" i-'i^rccnt. exceediug One Pound Ten Shillings currency, on each and every share in the said undertaking, the said Company shall and they are hereby directed and required to pay over, as a duty to Her Majesty, Her Heirs and Successors, recoverable as other duties are, one moiety of the net income from the said Kail-road accruing thereafter over and above the said One Pound Ten Shillings, per share, lirst payable to the said Proprietors : Provided always, that no such duty p^^^^^ shall be payable until the dividends declared shall in the whole have amounted to ten per cent, per annum on the paid up stock of the said Company from the time it was so paid up ; this provision being made as an allowance to the Company for the loss of interest on the money expended before the work shall produce any income. XLVII. Provided always, and be it enacted. That Fraction ofarriic to in all cases where there shall be a fraction in the |;;'i,;;'"&f ""* * ^'*°'' distance which goods, wares, merchandize or other commodities or passengers shall be conveyed or transported on the said Rail-road or in the said steamboats or vessels, such fraction shall, in ascer- taining the said rates, be deemed and considered as a whole mile, end that in all cases where there shall be the fraction of a ton in the weight or measurement of any such goods, wares, merchandize or other com- modities, a proportion of the said rates shall be demanded and taken by the said Company of Pro- prietors to the number of quarters of a ton contained therein ; and in all cases where there shall be a frac- tion of a quarter of a ton, such fraction shall be deemed and considered as a whole quarter of a ton. XLVHI. Provided always,andbe it enacted. That Srs'^.^aSg/'fot it shall and may be lawful to and for the said Com- parcels. pany from time to time at any General Meeting, to make such By-law or Bylaws for ascertaining and .3* 36 Provision as to •carriage of Her Ma- jesty's mail, &c. Further provision may be made by the Idegislature. fixing the price or sum or sums of money to be charged or taken for the carriage of any parcel not exceeding one hundred and twenty pounds weight as aforesaid, upon the said Rail-royd or any part thereof, or in the said steamboats or vessels, as to them shall seem fit and reasonable ; and that the said Company shall from time to time print and stick up, or cause to be printed and stuck up in their office, and in all and every of the places where the Tolls are to be col- lected, in some conspicuous place there, a printed board or paper ascertaining all the Tolls payable under this Act, and particularising the price or sum or sums of money to be charged or taken for the car- riage of such parcels not exceeding one hundred and twenty pounds weight as aforesaid. XLIX. Provided always, and be it enacted, That the said Company shall at all times wlien thereunto required^ by Her JMajesty's Deputy Post Pilaster Ge- neral, the Commander of the Forces, or any persorf having the Superintendence or Command of any Police Force, carry Her Majesty's Mail, ller IMajesty's Naval or Military Forces or i\Iilitia, and all Artillery, ammunition, provisions, or other stores for their use, and all Policemen, Constables and others, travelling on Her Majesty's service, on their said Kail-road or in their said steamboats or vessels, on such terms and conditions and under such regulations as the said Company and the said Deputy Post Master General, the Commander of the Forces, or person in Com- mand of any Police Force, respectively, shall agree upon, or if they cannot agree, then oji such terms and conditions, and under such regulations as the Gover- nor or person administering the Government shall in Council make : And provided also, that any further enactments which the Legislature of this Province may hereafter deem it expedient to make, with regard to the Cai riage of the said Mail or Her Majesty's Forces, and other persons and articles as aforesaid, or the rates to be paid for carrying the same, shall not be deemed an infringement of the privileges intended to be conferred by this Act. to be IceJ not jig lit as thereof, |m shall )inpany cause in all be col- I printed >ayable |or sum the car- red and I, That ere unto ter Ge- persoif of any Majesty's rtillery, leir use, avelling road or •ins and lie said General, Com- 1 agree ms and G over- shall in further ovince regard ijesty's resaid, , shall 'ileges 37 L. And ])e it enacted, That the said Company company to rrect a shall within six calendar months after any lands '""'"''"" 1''"^" "'"''-J- 1 11 1 J. 1 i' 1 1. 1 • 1 -Tk .1 1 rail-road to keep off Shall be taken tor tlie use oi tlie said Rail-road orcattio. undertaking, and if thereunto required by the pro- prietors of the adjoining lands respectively, but not otherwise, divide and separate and keep constantly divided and separated, the lands so taken from the lands or grounds adjoining thereto, with a sufficient post and rail, hedge, ditch, bank, or other fence sufficient to keep off hogs, sheep and cattle, to be set and made on the lands or grounds which shall be purchased by, conveyed to, or vested in the said Company as aforesaid, and shall at their own costs and charges, from time to time, maintain, support, and keep in suflicient repair the said posts, rails, hedges, ditches, trenches, banks and other fences so set up and made as aforesaid. LI. And be it eiiiu^ted, That as fog n as conve- Milestones to be niently may be, after tlie said llail-ro.id shall be '^'^''^^*^'^- completed, the said Company shall cause the same to be measured, and stones, with pro])er Inscriptions on the sides tliereof, denoting the distance, to be erected, and for ever after maintained, at the distance of every mile from eacli other. LII. And be it enacted, That the said Company security to be given shall and are herel)y required and directed to take •^^•^'^^"'^'^' *^'^* sufficient security, by one or more bond or bonds, in a sulficient penalty or penalties, from their Trea- surer, Keceiver and Collectors for the time being, of the moneys to be raised l)y virtue of this Act, for the faithful execution by sucli Treasurer, Receiver and Collectors of his and their office and otiices respec- tively. LIII. And be it enacted. That the several persons Subecnbrrs may be who shall su])scribe or advance any money for and y"2J g Jj"criuK"f towards making and maintaining the said Rail-road and other works connected therewith or hereby authorized, shall, and they are hereby required to pay the sum or sums of money by them respectively subscribed, or such parts or portions thereof as shall from time to time be called for by the said Company, 38 m under aiul by virtue of llie powers and directions of this Act, to such i)erson or persons, and at such times and places as shall be directed by the said Company or the said Directors in numner before mentioned ; and in case any person or persons shall neglect or refuse to pay the same at the time and in the manner required for that purpose, it shall be lawful for the said Company to sue for and recover the same with costs, in any Court of Law having competent jurisdiction. Fines how recovered. LIV. And be it enacted. That all fines and for- feitures imposed by any By-law to be made in pur- suance thereof, (of which By-law, when produced, all Justices are hereby required to take notice,) the levying and recovering of which tines and forfeitures are not particularly herein directed, shall, uj)on proof of the offence before any one or more Justice or Justices of the Peace for the District, either by con- fession of the party or parties, or by the oath or affirmation of any one credible witness (which oath or affirmation such Justice or Justices are hereby empowered and required to administer without fee or reward), be levied by distress and sale of the offend- er's goods and chattels, by warrant under the hand and seal, or hands and seals of such Justice Oi' Jus- tices ; and all such fines, forfeitures or penalties by this Act imposed or authorized to be imposed, the application whereof is not hereinbefore particularly directed, shall be paid into the hands of the Treasurer or Receiver of the moneys to be raised by virtue of this Act, and shall be applied and disposed of for the use of the said Kail-road or undertaking ; and the overplus of the money rasised by such distress and sale, after deducting the penalty and the expenses of the levy- ing and recovering thereof, shall be rendered to the owner of the goods and chattels so distrained and sold ; and for want of sufficient goods and chattels whereon to levy the said penalty and expenses, the ofTender shall be sent to the Common Gaol for the District of Quebec, Montreal, Three-liivers or St. Francis, there to remain without bail or mainprize 39 ectioiis of I at .such tlie fcciid cr bolbre sons .shall ne iiiul ill sliall be I d recover I w having I s and for- f le in pur- )roduced, tice,) the orfeitures )on proof Fu.stice or r by con- ( e oath or hicli oath e Jiereby out fee or le oflend- the liand e Oi' Jus- ulties by 3sed, the ticuhirly Veasnrer lie of this lie u.se of overphis le, after he levy- d to the iiied and cliattels i.ses, the I for the s or St. ainprize for such term not exceeding one month as .such Jus- tice or Ju.stice.s shall think proper, unlcs.s .such penalty or forfeiture, and all ex})enses attending tlic same shall be sooner paid and satisfied. LV. And be it enacted, That if any person or Apical to quarter persons shall think himself, herself, or themselves '/^^hTvedT '"'"'*'' aggrieved by any thing done by any .Justice or Jus- tices of the Peace in pur.suance of this Act, every such person or per.sons may within four calendar months after the doing thereof, appeal to the Jus- tices of the Peace at the General Quarter or General Sessions to be holden in and for the District. LVI. And be it enacted, That if any action or Limitation of actions suit .shall be brought or commenced against any [^y'j"^ '^""'^ ""''" per.son or persons for any thing done or to be done in pursuance of this Act, or in the execution of the powers and authorities, or the orders and directions hereinbefore given or granted, every such action or suit shall l)e brought or commenced within six calen- dar months next after the fact committed ; or in case there .shall be a continuation of damage, then within six calendar months next after the doing or committing such damage shall cease, and not afterwards ; and the Defendant or Defendants in such action or suit shall and may plead the general issue, and give this Act and the special matter in evidence at any trial to be held thereupon, and that the same was done in pur- suance and by the authority of this Act ; and if it shall appear to have been so done, or if any action or suit shall be brought after the time so limited for bringing the same, or if the Plaintiff or Plaintiffs shall be non-suit, or discontinue his, her or their action or suit, after the Defendant or Defendants shall have appeared, or if judgment shall be given against the Plaintiff or Plaintiffs, the Defendant or Defendants shall have full costs, and shall have such remedy for the same as any Defendant or Defendants hath or have for costs of suit in other cases of law. LVII. And be it enacted. That the said Company Time limited for com- of Proprietors to entitle themselves to the benefits p*"*'""''^"^-"''*'' and advantage' to them granted by this Act; shall 40 .'tnd they are hercl)y roquircd to mnko anrl roimplete the said Kail-road froDi the iiavigalde waters ol the River Saint Lawrence to the Vilhige of Richmond in the Township of Shipton on tlie River Saint Francis as aforesaid, in manner aforesaid, within ten years from the passing of this Act ; and if the same shall not be so made and completed within the said period, so as to be nsed by the public as aforesaid, then this Act and every oilier matter and thing therein con- tained shall cease and be utterly null and void. Account to be sub- LVllI. And be it enacted, That the said Company milled to Legislature. g]^^\i annually Submit to the three branches of the Legislature, within the first fifteen days after the opening of each Session of the Provincial Parliament, a detailed and particular account, attested upon oath of the moneys by tliem received and expended under and by virtue of this Act, with a stat(!meiit of the amount of tonnage and of passengers that have been conveyed along the said road. LLY. And be it enacted. That nothing herein contained shall alFect or be construed to affect, in any manner or way whatsoever, the rights of Her IMajesty, Her Heirs and Successors, or of any person or per- sons, or oi' any bodies politic, corporate or collegiate, such only excepted as arc herein mentioned. Company to be LX. And be it enacted. That nothing herein con- rdi-rold7cT^"""'''*ai"e^ s^^^^l be construed to exempt tlis said Com- pany or the said Rail-road from the provisions of any General Act relating to Rail-roads or Rail-road Companies, which may be passed during the present or any future Session of the Parliament of this Province. Public Act. LXI. Ai.d be it enacted. That this Act shall be deemed and taken to be a Public Act, and as such shall be judicially taken notice of by all Judges, Jus- tices of the Peace and others, without being specially pleaded. Saving of Her Ma- jesty's rights. 41 complete rs ot the liinond in t Francis ten years Eime shall d period, then this •ein con- )id. ompany !S of the after the rliament, pon oath ed under it of the ave been herein ;t, in any •Majesty, 11 or per- :)llegiate, rein con- id Com- sions of Jail-road present of this shall be as such jes, Jus- pecially SCHEDULE No.l Referred to in this Act. Quebec and Richmond Rail-way Company Loan. No. £ Currency. This Debenture witnesseth, that the Quebec and Richmond Rail-way Company, under the authority of the Provincial Statute, passed in the year of Her Majesty's Reign, intituled, An Act to incorporate Peter Patteraon^ PJsqmre, ami othem, under the name of'-'-Tlie Quebec and Richmond Rail- way Companiji^^ having received from of *. the sum of currency, as a loan, to bear interest from the date hereof at the rate of per centum per annum, payable half yearly on the day of and on the day of which sum of currency, the said Company bind and oblige themselves to pay on the to the said or to the bearer hereof, and to pay the interest thereon half yearly as aforesaid on the production of the coupon therefor, which now forms part of this Debenture. And for the due payment of the said sum of money and interest, the said Company, under the power given to them by the said Statute and Acts, do hereby mort;j;age and hypothecate the real estate and appur- tenances hereinafter descril ?d, that is to say: (the Rail- way from and all the lauds of the Company within these limits.) In testimony whereof President of tUe said Company, hath hereto set and aihxed his 4 42 signature and the Common Seal of the said Company, at the City of this day of one thousand eight hundred and President, Countersigned and entered. Secretary and Treasurer, I certify that this Debenture was duly registered in the Registry Office for the County of in the District of on the day of OLJ thousand eight hundred and at of the clock in the noon, in Register page Registrar, SCHEDULE No. 2 Referred to in this Act, Quebec and Richmond Rail-way Company Loan. No. £ Currency. This Debenture witnesseth, that the Quebec and Richmond Rail-way Company, under the authority of the Provincial Statute passed in the year of Her Majesty's Reign, intituled, Jn Act to incorporr^ie Peter Patterson, Esquire^ and others^ under ne name of" The Quebec and Richmond Rail- way Jompany" have received from the sum of currency, as a loan, to bear interest from the date hereof, at the rate of of mpany, one dent. mrer. ered in on the loiisand of the strar. 43 per centum per annum, payable half yearly, on the day of and on the day of which sum of pounds cur- rency, the said Company hereby bind and oblige themselves to pay on the to the said or to the bearer hereof, and to pay the interest thereon, half yearly, as aforesaid, on the production of the coupon therefor which now forms part of this Debenture. In testimony whereof President of the said Company, hath hereunto set and affixed his Signature and the Common Seal of the said Company, at the City of this day of one thousand eight hundred and President. Countersigned and en jred, Secretary and Treasurer, Printed by S. DERBISIRE & G. DESBARATS, Law Printer to the Queen's Most Excellent Majesty. Loan. ec and thority Act to others, ' Rail- c bear