IMAGE EVALUATION 
 TEST TARGET (MT-3) 
 
 1.0 
 
 I.I 
 
 If 1^ i^ 
 
 S MS 112.0 
 
 u 
 
 11.25 II 1.4 
 
 41 
 
 1.6 
 
 VS 
 
 m 
 
 ■ew 
 
 W^^A 
 
 /. 
 
 w Ji* 
 
 
 /A 
 
 '/ 
 
 Phoiographic 
 
 Sdences 
 
 Corporation 
 
 23 WEST MAIN STREET 
 
 WEBSTER, N.Y. 14380 
 
 (716) 872-4503 
 
 \ 
 
 iV 
 
 N? 
 
 :\ 
 
 \ 
 
 ^9> 
 
 V 
 
 
 
 
 6^ 
 
 <f> 
 
 ^<j,^ 
 
'4^ 
 
 •^0 
 
 I/. 
 
 
 CIHM/ICMH 
 
 Microfiche 
 
 Series. 
 
 CIHIVI/iCIVIH 
 Collection de 
 microfiches. 
 
 Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductlons historiques 
 
 ;\ 
 
 \ 
 
 <?5* 
 
Technical and Bibliographic Notes/Notas tachniques at bibliographiquas 
 
 The Institute has attempted to obtain the best 
 original copy available for filming. Features of this 
 copy whicli 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. 
 
 □ Coloured covers/ 
 Couverture de couleur 
 
 I I Covers damaged/ 
 
 D 
 
 
 
 n 
 
 Couverture endommag^e 
 
 Covers restored and/or laminated/ 
 Couverture restaurde et/ou pelliculAe 
 
 r~~| Cover title missing/ 
 
 Le titre de couverture manque 
 
 Coloured maps/ 
 
 Cartes g^ographiques en couleur 
 
 Coloured ink (i.e. other than blue or black)/ 
 Encre de couleur (i.e. autre que bleue ou noire) 
 
 I I Coloured plates and/or illustrations/ 
 
 Planches et/ou illustrations en couleur 
 
 Bound with other material/ 
 Relii avec d'autres documents 
 
 Tight binding may cause shadows or distortion 
 along interior margin/ 
 
 La re liure serrie peut causer de I'ombre ou de la 
 disitorsion le long de la marge int6rieure 
 
 Blank leaves added during restoration may 
 appear within the text. Whenever possible, these 
 have been omitted from filming/ 
 II se peut que certaines pages blanches ajouties 
 lors dune restauration apparaissent dans le texte. 
 mais, lorsque cela 6tait possiblo, ces pages n'ont 
 pas 6ti film^es. 
 
 L'Institut a microfilm^ le meilleur exemplaire 
 qu'il lui a 6t6 possible de se procurer. Les details 
 de cet exemplaire qui sont peut-Stre uniques du 
 point de vue bibliographique, qui peuvent modifier 
 une image reproduite, ou qui peuvent exiger une 
 modification dans la m^thode normale de filmage 
 sont indiquis ci-dessous. 
 
 1 
 
 ti 
 
 I I Coloured pages/ 
 
 Pages de couleur 
 
 Pages damaged/ 
 Pages endommagdes 
 
 Pages restored and/oi 
 
 Pages restaur^es et/ou pelliculies 
 
 Pages discoloured, stained or foxei 
 Pages d6color6es. tachetdes ou piqudes 
 
 Pages detached/ 
 Pages d^tachdes 
 
 Showthrough/ 
 Transparence 
 
 Quality of prir 
 
 Qualiti inigale de I'impression 
 
 Includes supplementary materie 
 Comprend du materiel supplementaire 
 
 Only edition available/ 
 Seule Edition disponible 
 
 r~| Pages damaged/ 
 
 |~n Pages restored and/or laminated/ 
 
 rri Pages discoloured, stained or foxed/ 
 
 I I Pages detached/ 
 
 r~l Showthrough/ 
 
 I I Quality of print varies/ 
 
 I I Includes supplementary material/ 
 
 I I Only edition available/ 
 
 D 
 
 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 teuillet d'errata, une pelure, 
 etc., ont 6t6 film^es A nouveau de facon i 
 obtenir la meilleure image possible. 
 
 7 
 
 P 
 a 
 
 fi 
 
 C 
 
 b 
 
 tl 
 
 s 
 
 
 
 fl 
 
 s 
 o 
 
 T 
 
 Si 
 
 T 
 
 d 
 
 ai 
 b 
 ri 
 r( 
 n 
 
 Additional comments:/ 
 Commentaires suppl^mentaires; 
 
 Wrinkled pages may film slightly out of focus. 
 
 This item is filmed at the reduction ratio checked below/ 
 
 Ce document est filmd au taux de reduction indiqu6 ci-dessous. 
 
 IPX 14X 18X 22X 
 
 I rn I I I I I m i i 
 
 26X 
 
 30X 
 
 12X 
 
 16X 
 
 20X 
 
 24X 
 
 28X 
 
 32X 
 
The copy filmed hern has been reproduced thanks 
 to the generosity of: 
 
 IVIcLennan Library 
 IVIcGill University 
 Montreal 
 
 L'exemplaire film* fut reproduit grAce k la 
 gAn^rositi de: 
 
 IVIcLennan Library 
 
 IVIcGill University 
 
 Montreal 
 
 The images appearing here are the best quality 
 possible considering the condition and legibility 
 of the original copy and in keeping with the 
 filming contract specifications. 
 
 Original copiee in printed paper covers are filmed 
 beginning with the front cover end ending on 
 the last page with a printed or illustrated impres- 
 sion, or the back cover when appropriate. All 
 other original copies are filmed beginning on the 
 first psge with a printed or illustrated impres- 
 sion, and ending on the last page with a printed 
 or illustrated impression. 
 
 The last recorded frame on each microfiche 
 shall contain the symbol ^^ (meaning "CON- 
 TINUED"), or the symbol y (meaning "END"), 
 whichever applies. 
 
 Las imsges suivantee ont «t* reproduites avec ie 
 plus grand soin, compte tenu de la condition at 
 de la nettet* de l'exemplaire film*, et en 
 conformity avec les conditions du contrat de 
 filmage. 
 
 Les exemplairee origineux dont la couverture en 
 papier est imprimte sent filmAs en commenpant 
 par Ie premier plat et en terminant soit par la 
 derniAre page qui comporte une empreinte 
 d'impression ou d'illustration, soit par Ie second 
 plat, salon Ie caa. Tous les autree exempleires 
 origineux sont filmis en commen^ant par la 
 premiere page qui comporte une empreinte 
 d'impression ou d'illustration et en terminant par 
 la dernlAre page qui comporte une telle 
 empreinte. 
 
 Un dee symboles sulvants apparaltra sur la 
 dernlAre image de cheque microfiche, selon Ie 
 cas: Ie symbole — »> signif ie "A SUIVRE", Ie 
 symbols y signifie "FIN". 
 
 I\1aps. plates, charts, etc.. may be filmed at 
 different reduction ratios. Those too large to be 
 entirely included in one exposure are filmed 
 beginning in the upper left hand corner, left to 
 right and top to bottom, as many frames as 
 required. The following diagrams illustrate the 
 method: 
 
 Les cartes, planches, tableaux, etc., peuvent Atre 
 filmte A dee taux de reduction diffirents. 
 Lorsque Ie document est trop grand pour Atre 
 reproduit en un seul cllchA, il est film* A partir 
 de I'angle supArieur gauche, de gauche k droite. 
 et de haut en bas, en prenant Ie nombre 
 d'images nteessaire. Les diagrammes suivants 
 illustrent la m^thode. 
 
 1 2 3 
 
 1 
 
 2 
 
 3 
 
 4 
 
 5 
 
 6 
 
aM'^'^-; ,';£ i--^-- 
 
 f 
 
 
 ^. L^ ' 
 
 CO 
 
 E 
 
AN AC T 
 
 TO 
 
 CONSOLIDATE AND REGULATE 
 
 THE 
 
 GENERAL CLAUSES 
 
 RELATING TO 
 
 RAILWAYS. 
 
 30th August, 1851. 
 
 TORONTO : 
 
 BKOWN'S PRINTING ESTABLISHMENT, KING STREET EAST. 
 
 1852. 
 
AN ACT 
 
 TO 
 
 GONSOLIDiTB AND REGUliTB THE GENERAL CLiUSES 
 
 RXLATINO TO 
 
 RAILWAYS 
 
 80th August, 1861. 
 
 Whereas it is expedient to establish a general and uni- Preamble, 
 form system for the construction and management of all 
 Railways hereafter to be undertaken in Canada: Be it 
 therefore enacted by the Queen's Most Excellent Majesty, 
 by and with the advice and consent of the Legislative 
 .Council and of the Legislative Assembly of tlie 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 in- 
 tituled an, An Aet to re^unitf. the Frovhices of Upp'r and 
 Lower Canada^ and for the government of Canada^ and it is 
 hereby enacted by the authority of the same, That this Act This Act to 
 shall apply to every Railway which shall by any Act ■PP'y *° ""X 
 which shall hereafter be passed be authorized to be con- fere'riSrioa^ 
 fitructed, and this Act shall be incorporated with such Act • •ifocted. 
 and all the clauses and provisions of this Act, save in so 
 far as they shall be expressly varied or excepted by any 
 «uch Act, shall apply to the undertaking authorized thereby, 
 so far as the same shall be applicable to such undertaking, 
 and shall, as well as the clauses and provisions of every 
 other Act which shall be incorporated with such Act, form 
 part of such Act, and be construed together therewith as 
 forming one Act. 
 
 II. 
 
Namehywhich 
 it shall be ciled. 
 
 What shrill be 
 siiiHciciii ill 
 ninkiii(r nn iii- 
 curporntion of 
 this Act with 
 Special Acta. 
 
 Power to con- 
 struct Railway, 
 &c.. to bo ex- 
 ercised subject 
 to iiiovisioiis of 
 this Act 
 
 Deposit ofStock 
 Book in Froviii- 
 cittl SerretMry's 
 OlTicp. by com- 
 panies (letiirous 
 of obiaiiiiiig 
 Special Acts. 
 
 II And be it enacted, That in citing this Act, in any 
 Special Railway Act, and in other Acts of Purliainent, and 
 in iegal instruments, it shall be sufficient to use the expres- 
 sion, '• Tlie Railway Clauses Consolidalion Act." 
 
 III. And be it enacted. That for the purpose of making 
 any incorporation of this Act with Special Acts hereafter 
 to be possed, it shall be sufficieut in any such Acts to 
 enact, that the Clauses of this Act, with respect to the mat- 
 ter so proposed to be incorporated, describing such matter 
 as it is described in this Act, in the word or words at the 
 head of and introductory to the enactment with respect to 
 such matter, shall be incorporated with such Acts, and 
 thereupon all the Clauses and provisions of this Act, with 
 respect to the matter so incorporated shall, save in so far 
 as they shall be expressly varied or excepted by such Acts, 
 form part thereof, and such Acts shall be construed as if 
 the substance of such Clauses and provisions were set forth 
 therein with reference to the matter to which such Acts 
 shall relate. 
 
 IV. And be it enacted, That the power given by the 
 Special Act to construct the Railway, and to take lands 
 for that purpose, shall be exercised subject to the provisions 
 and restrictions contained in this Act, and compensation 
 shall be made to the owners and occupiers of and all other 
 parties interested in any such lands so taken or injuriously 
 affected by the construction of the Railway, for the value 
 and for all damages sustained by reason of such exercise, 
 as regards such lands, of the powers by this or the Special 
 Act. or any Act incorporated therewith, vested in the Com- 
 pany ; and, except where otherwise provided by this Act or 
 the Special Act, the amount of such compensation shall be 
 ascertained and determined in the manner provided by 
 this Act. 
 
 V. And be it enacted, That anjr Company desirous to 
 obtain a Special Act for the construction of a Railway, 
 shall deposit with the Secretary of the Province, previous 
 to the application to the Legislature, a copy of their Stock- 
 Book, showing the number of their subscribers, and the 
 actual bona fde amount of the subscriptions, and that at 
 least one quarter of the intendid Capital has been actually 
 
 subscribed 
 
 subscribed 
 
 affidavit o 
 
 of the Dir 
 
 Company 
 
 Secretary 
 
 Bank in ( 
 
 equal to I 
 
 with auth 
 
 drawal of 
 
 may think 
 
 Railway s 
 
 ceeded wit! 
 
 VI. Am 
 
 for the alio 
 
 received by 
 
 deposited v 
 
 from the S 
 
 plying has 
 
 of the next 
 
 VII An 
 
 and of any 
 ated thereu 
 Firstly. ' 
 Act, shall I 
 hereafter pa 
 and with w 
 said ; and 
 reference to 
 refer to sur 
 provided for 
 such word s 
 the word " j 
 purpose in t 
 preseion " tl 
 the Special 
 purpose thei 
 shall mean l 
 tion, by the 
 
•ubscribed, the truth whereof shall be supported by the 
 affidavit or solemn affirmation, as the case may be, of two 
 of the Directors or Shareholders of the Company, and the 
 Company shall also at the same time deposit with the said 
 Secretary a Certificate of the Cashier of some Chartered 
 Bank in this Province, of the deposit therein of a sum 
 equal to ten per cent, upon the amount of subscriptions, 
 with authority to the said Secretary to control the with, 
 drawal ot the said deposit lor such time as the Secretary 
 may think proper, not longer than six months after the 
 Railway shall have been actually commenced and pro- 
 ceeded with. 
 
 VI. And be it enacted, That no Bill for a Special Act 
 for the allowance or establishment of a Railway shall be 
 received by the Legislature unless and until there shall be 
 deposited with the Clerks of both Branches, a Certiiicate 
 from the Secretary of the Province, that the Company ap- 
 plying has complied in all respects with the requirements 
 of the next preceding Clause. 
 
 INTERPRETATION. 
 
 VII. And with respect to the construction of this Act, 
 and of any Special Act, and of other Acts to be incorpor- 
 ated therewith, Be it enacted as follows : 
 
 Firstly. The expression « ihe Special Act," used in this 
 Act, shall be construed to mean any Act which shall be 
 hereafter passed, authorizing the construction of a Railway, 
 and with which this Act shall be so incorporated as afore- 
 said; and the word "prescribed," used in this Act in 
 reference to any matter herein stated, shall be construed to 
 refer to such matter as the same shall be prescribed or 
 provided for in the Special Act ; and the sentence in which 
 such word shall occur shall be construed as if. instead of 
 the word " prescribed," the expression » prescribed for that 
 purpose in the Special Act" had been used ; and the ex- 
 pression « the lands" shall mean the lands which shall by •• The lands." 
 the Special Act be authorized to be taken or used for the 
 purpose thereof; and the expres&ion "the undertaking" "The under- 
 shali mean the Railway and works, of whatever descrip- '«'''"«•" 
 tion, by the Special Act authorized to be executed. 
 
 Secondly. 
 
 No Bill to be 
 received by 
 Le);itila(ure 
 uiiiesB acertifio 
 caie of depoait 
 ofStrick-Book, 
 &c., be pro- 
 duced to th0 
 rcfpeclive 
 Cierks. 
 
 Interpretation 
 of words. 
 
 "The Special 
 Act." 
 
 " Prescribed." 
 
«• Landt." 
 "Lewe." 
 
 " Toll." 
 
 " Goods." 
 
 •* Superior 
 Couria." 
 
 County." 
 
 "Highways." 
 "Sheriff." 
 
 "Ckrk of the 
 Peace." 
 
 " Justice." 
 
 Secondly. The following words and expressions, both in 
 this and the Special Act, shall have the meanings hereby 
 assigned to them, unless there be something in tlw subject 
 or context repugnant to su.;h construction, ihat is to say : 
 
 The word 'Lands" shall include all real estate, mes- 
 fiuagos, lands, tenements and hereditaments of any tenure : 
 
 The word "Lease" shall include any agreement (or a 
 lease : , 
 
 Tho word « Toll " shall include any rate or charge or 
 other payment payable under this Act or the Special Act 
 far any passenger, animal, carriage, goods, merchandize, 
 articles matters or things conveyed on the Railway : 
 
 The word " Goods » shall include things of every kind 
 conveyed upon the Railway, or upon Steam or other vessels 
 connected therewith : 
 
 The expression 'Superior Courts" shall mean the Courts 
 of Chancery. Queen's Bench and Common Pleas in Upper 
 Canada, and the Superior Court in Lower Canada, as the 
 case may be : 
 
 The word " County » shall include any union of Counties, 
 County Riding, or like division of a County in the Province 
 or any division thereof into separate Municipalities in 
 Lower Canada: 
 
 The word " Highways " shall mean all public roads, 
 streets, lanes, and other public ways and communications : 
 The word " Sheriff" shall include Under ^heriff: or other 
 legal competent Deputy ; and where any matter in relation 
 to any lands is required to be done by any Sheriff or Clerk 
 of the Peace, the expression " the Sheriff," or the expres- 
 sion " Clerk of the Peace," shall in such case be construed 
 to mean the Sheriff or Clerk of the Peace of the District 
 County, Riding, Division, or place where such lands shall 
 be situate ; and if the lands in question, being the property 
 of one and the same party, be situate not wholly in one 
 District, County, Riding, Division, or place, the sarpe 
 expression shall be construed to mean the Sheriff or Clerk 
 of the Peace of any such District, County, Riding, Division, 
 or place where any part of such lands shall be situate : 
 
 The word '• Justice " shall mean Justice of the Peace 
 acting for the District, County, Riding, Division, City or 
 
 place 
 
place where the matter requiring the cognizance of any 
 such Justice, shall arise, and who shall OjI be interested in 
 the matter ; and where such matter shall arise in respect 
 of lands being the property of one and the same pnrty, 
 situate not wholly in any one District, County, Riding, 
 Division, City or place, shall mean a Justice acting for the 
 District, County, Riding, Division, City, or place where any 
 part of such lands shall be situate, and who shall not bo 
 interested in such matter ; and where any matter shall be 
 authorized or required to be done by two Justices, the 
 expression *'two Justices" shiiU bo understood to mean 
 two Justices assembled and acting together : 
 
 Where under the provisions of this Act or the Special 
 Act, any notice shall be required to be given to the owner 
 of any lands, or where any act shall be authorized or 
 required to be done with the consent of any such owner, the 
 word " owner " shall be understood to mean ony Corpora- 
 tion or person who, under the provisions of this Act, or the 
 Special Act, or any Act incorporated therewith, would be 
 enabled to sell and convey lands to the Company : 
 
 The expression "the Company" shall mean the com- 
 pany or party which shall be authorized by the Special 
 Act to construct the Railway. 
 
 The expression " the Railway " shall mean the Railway 
 
 and works by the Special Act authorized to be constructed : 
 
 The word "clause" shall mean any separate section of 
 
 this Act, or any other Act therein referred to, distinguished 
 
 by a separate number : 
 
 The word, " Shareholder " shall mean every subscriber 
 to or holder of stock in the undertaking, p ,' shall extend 
 to and include the personal representatives of the Share- 
 holder. 
 
 Thirdly. The Interpretation Act of this Province shall, 
 in so far as the provisions thereof shall a^ply hereto, be 
 deemed to form part hereof in the particufe'rs not provided 
 herein. 
 
 '•T«voJu«tlce«" 
 
 " Owner." 
 
 "The Com- 
 pauy." ^ 
 
 "The Rail- 
 way." 
 
 " The Clause." 
 
 "Shareholder" 
 
 Interpretation 
 Act to apply. 
 
 INCORPORATION. 
 
 VIII. And be it enacted, That every Company estab- Companies es> 
 
 lielia/l iin<f<» „.,,, c^ :^i 4 _i _v_ii u- I :_ 1 1 tablished under 
 
 .,.,..-f-,, i.Mwvi w"jf xj^nn^iak xici siiati uc uuu is ucrcuy Special Actf 
 
 declared 
 
rale. Ac. be declared m the Special Act, and shall be and is hereby 
 
 invested with all the poN.ers, privileges and immunities 
 which are or may be necessary to carry into effect the 
 mtcntions and objects of this Act and of the Special Act 
 therefor, and which are incident to such Corporation, as 
 are expressed or included in the Interpretation Act of this 
 Province. 
 
 Fowera : 
 
 To receivo 
 Crrants of land, 
 die. ; 
 
 PurchflBe land; 
 
 Occupy 
 beaches ; 
 
 Carry Railway 
 across lands of 
 Corporation, 
 
 And seross or 
 along streai&B, 
 &c. ; 
 
 POWERS. 
 
 JX. And be It enacted, That the Company shall have 
 power and authority : 
 
 Firslli/. To receive, hold and take all voluntary grants 
 and donations of land or other property which shall be 
 made to it, to aid in the construction, maintenance and 
 accommodation of the Railway, but which shall be held 
 and used for the purpose of such grants or donations only 
 
 Secondlp. To purchase, hold and take of any Corporation 
 or person any land or other property necessary for the con- 
 struction, maintenance, accommodation and vise of the 
 Railway, and also to alienate, sell or dispose of the same. 
 
 Thirdli/. To take, use, occupy and hold, but not to 
 alienate except by way of lease, so much of Uie public 
 beach or of the land covered with the waters of any river 
 or lake m this Province as may be required for the Rail- 
 way, doing no damage to, nor causing any obstruction in 
 the navigation of the said rivers or lakes, provided that the 
 lease shall be conditioned not to extend beyond the time 
 during which such beach or land is required for the 
 Railway. 
 
 Fourthly. To make, carry or place the Railway across 
 or upon the lands of any Corporation or person whomsoever 
 on the hne of the Railway, or within the distance from 
 such hne as may be stated in the Special Act, although 
 the name of such party be not entered in the Book of 
 Reference hereinafter mentioned, through error or any other 
 cause or although some other party be erroneously men- 
 tioned as the owner of or entitled to convey, or be interested 
 m such lands. 
 
 Fifthly. Tq construct, miunt^in »nd work the Railway 
 
 , across 
 
as shall 
 is hereby 
 nrnunitiei 
 eflecl the 
 pecial Act 
 in t ion, as 
 >ct of this 
 
 lali have 
 
 ry grants 
 
 shall be 
 
 xnce and 
 
 be held 
 ns only, 
 rporation 
 
 the con- 
 3 of the 
 3 same. 
 t not to 
 e public 
 ny river 
 he Rail- 
 ction in 
 that the 
 the time 
 for the 
 
 Y across 
 msoever 
 ce from 
 Uhough 
 Jook of 
 ly other 
 ly men- 
 terested 
 
 ail way 
 across 
 
 across, along, or upon any stream of water, •'wat»»r-cour8«, 
 canal, highw ay or Railway, which it shall intersect or 
 touc I ; but the stream, water-c(»ur8o, lughway, canal or 
 Uailway so intersected or touched, shall be restored by the 
 Company to its former state, or to such state as not to have 
 impaired its usefulness, * 
 
 Sixthly. To make, complete, alter and keep in repair 
 
 the Railway with one or inore sets of rails or tracks to be 
 
 Wo.ked by the force and power of steam, or of the 
 
 atmosphere, or of animals, or by mechanical power, or by 
 
 ^ any combination of them. 
 
 SecerUhly. To erect ami maintain all necessary and con- 
 venient buildings, stations, depots, wharves and liv urcs, 
 from time to time to alter, repair or enlarge the same and 
 to purchase and acquire stationary or locomotive engines 
 and carriages, waggons, floats and other machinery and 
 contrivances necessary for the accommodation and use of 
 the passengers, freights and business of the Railway. 
 
 EiglUhly. To make branch Railways, if required and 
 provided by the Special Act, and to manage the same, and 
 for that purpose to exercise and possess all the povk-ers^ 
 privilges and authorities necessary therefor, in as full and 
 ample a manner as for the Railway. 
 
 Ninthly. To construct, erect and make all other matters 
 and things which shall be necessary and convenient for the 
 making, extending and using of the Railway, in pur 
 suance of and according to the meaning and intent of this 
 Act, and of the Special Act. 
 
 TerUhly. To take, transport, carry and convey persons 
 and goods on the Railway, to regulate the time and manner 
 in which the same shall be transported, and the tolls and 
 compensation to be paid therefor, and to receive such tolls 
 and compensation. 
 
 Eleventhly To borrow from time to time, either in this 
 Province or elsewhere, such sums of money as may be 
 expedient for completing, maintaining and working the 
 Railway, and at a rate of interest not exceeding eight per 
 cent per annum, and to make the Bonds, Debentures or 
 other securities granted for the sums so borrowed, payable 
 either in currency or in sterling, and at such place or places 
 
 B within 
 
 And acroH or 
 nloMg stream*. 
 
 Complete Rail- 
 way will) oii« 
 or more (racka. 
 
 F. "ct nereasary 
 
 b ;(liii|;N, 
 
 wtiarvea, &o. | 
 
 Branch Rail- 
 way* J 
 
 All other mat- 
 tertt and ihinga 
 iier-f ssary for 
 Railway; 
 
 Convey per- 
 sons and gooda 
 on Railway ; 
 
 Borrow motley, 
 
t I 
 
 Enter npon 
 Her Mnjesty's 
 LauJs, &c. ; 
 
 Make surveys 
 of lauds ; 
 
 10 
 
 within this Province or without as may be deemed advisabfe, 
 and to sell the same at such prices or discount as may bJ 
 be deemed expedient, or as shall be necessary, and to 
 hypothecate, mortgage or pledge the lands,-tolls, revenues 
 and other property of the Company for the due payment 
 
 dph t uT' '"^ '^' ''''''''' *^«^^^»' but no such 
 debenture sha 1 be for a less sum than Twenty-five Pounds. 
 Tmfthly lo enter into and upon any lands of Her 
 Majesty without previous license therefor, or of any Corpo- 
 mtion or person whatsoever lying in the intended route or 
 iine 01 the Kailway. 
 
 Thirteenthly. To make surveys, examinations, or other ' 
 necessary arrangements on such lands necessary for fixing 
 ^: "''';, ^ i^^^^-^y' ^»d to set out and ascertain such 
 Railway! ^ '^^" ^' """""''' '^ ^"^ P^^P^^ f^' ^^« 
 
 Pourteenaiy, To fell or remove any trees standing in a«y - 
 woods, lands or forests, where the Railway shall pai to the 
 distance of six rods from either side thereof ' 
 
 other Railways. ^^f'^^^'T^^ '^° ^'°^^' ^"tersect, join and unite the Rail- 
 
 ZLTn '^'^ ''"'""^' ^^ ^"y P°'"' °" i^« ^oute, and 
 upon the lands of such other Railway, with tho nece sary 
 
 conveniences for the purposes of such connection ; and the 
 
 owners of both Railways may unite in forming sich inter- 
 
 ction, and grant the facilities therefor; and in case of 
 
 disagreement upon the amount of compensation to be made 
 
 heiefor, or upon the point or manner of such crossing and 
 
 connection, he same shall be determined by Arbitrators ta 
 
 be appointed by a Judge of the .Superior Courts in tow ^ 
 
 Canada or Upper Canada, as the case may be. 
 
 PLAi>JS AND SURVEYS. 
 
 X. And be it enacted, That Plans and Surveys shall be 
 
 Remove trees ; 
 
 Unite with 
 
 Provieion res- 
 peeling surve}'s 
 and levels. 
 
 made and corrected as follows : 
 
 thpT^ "^r'^l '"^ ^'^'^' ^^^" ^' '^^^ ^«d made of 
 Wh at pf "'"*^ *'^ ^^'^^^y ^« *^ P-«' together 
 and o^Z7 ?" *'^^r'' ^"' ""'''' course and dirfction, 
 therefor n f 'T^'^ '' ^' ^^^^^^^ ^^^ ^^^ ^aken 
 
 rZ!' r , ^' "^'" ascertained, and also a Book of 
 
 Kelerence for Hm d«;i •.. ... . .. , * 
 
 " ■' "«"'.*_),, lu waicfi shaii be set forth a 
 
 ' general 
 
11 
 
 general description of the said lands, the names of the 
 t)wners and occupiers thereof, so far as they can be ascer- 
 tained, and every thing necessary for the right understand- 
 ing of such Map or Plan ; and the Map or Plan 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 ol the Clerks of the Peace in the Districts or 
 Counties through which the Railway shall pass, and also 
 in the Office of the Secretary of the Province, and shall also 
 deliver one copy thereof to the said Company, and all 
 persons shall have liberty to resort to such copies, and to 
 make extracts or copies thereof, as occasion shall require, 
 payipg to the said Secretary of the Province, or to the 
 said Clerks of the Peace, at the rate of Six Pence for every 
 hundred words ; and the said triplicates of the said Map or 
 Plan and Book of Reference so certifi or a true copy 
 thereof certified 'by the Secretary of ihe Province or by the 
 Clerks of the Peace, shall be, and is and are hereby 
 declared to be good evidence in any Court of Law and 
 elsewhere. 
 
 Secondly. Any omission, misstatement or erroneous 
 descriptions o." such lands, or of such owners or occupiers 
 thereof, in any Map or Plan or Book of Reference, may be 
 corrected by two Justices on application made to them, 
 after givmg ten days' notice to the owners of such lands' 
 for the correction thereof, and the Justices shall certify the 
 same accordingly if it shall appear to them that such 
 omission, misstatement or erroneous description arose from 
 mistake ; and the Certificate shall state the particulars of 
 any su^h omission, and the manner thereof, and shall be 
 deposited with the said Clerks of the Peace of ,the Districts 
 or Counties respectively in which such lands shall be 
 situate, and be kept by them respectively along with tho 
 other documents to which they relate ; and thereupon, such 
 Map or Plan or Book of Reference shall be deemed to be 
 corrected according to such Certificate ; and it shall be 
 lawful for the Company to make the Railway in accordance 
 with such Certificate. 
 
 Thirdly. \i any alterations from the original Plan or 
 
 Survey 
 
 Omissions how 
 remedied. 
 
 AUeralioiiB 
 from original 
 ■urvev. 
 
 ,,wy'i 
 
12 
 
 I 
 
 il 
 
 Railway not to 
 be proceeded 
 wiih uiitil map, 
 &c., deposited. 
 
 Clerks of tho 
 Peace to re- 
 ceive copies of 
 original plan, 
 
 Copies certified 
 to Clerk to be 
 p[ood evidence 
 in Courts. 
 
 Line not to de- 
 viate more tliau 
 a inile. 
 
 Survey be intended to be made in the line or course of the 
 Railway, a Plan and Section in triplicate of such alterations 
 as shall have been approved of by Parliament, on the same 
 scale and contammg the same particulars as the original 
 Plan and Survey, shall be deposited in the same manner 
 as the original Plan, and copies or extracts of such Plan 
 and Section as shall relate to the several Districts or 
 Counties, in or through which such alterations shall have 
 been authorized to be made, shall be deposited with the 
 Clerks of such several Districts and Counties. 
 
 Fourthly. Until such original Map or Plan and Book of 
 Re erence, or the Plans and Sections of the alterations, 
 shall have been deposited as aforesaid, the execution of the 
 Railway, or of the part thereof affected by the alterations, 
 as the case may be, shall not be proceeded with. 
 
 Fifih/y. The Clerks of the Peace shall receive and retain 
 the copies of ♦he original Plans and Surveys, and copies of 
 the Plans and Sections of alterations, and copies and 
 extracts thereof respectively, and shall permit all persons 
 interested to mspect any of the documents aforesaid, and to 
 make copies and extracts of and from the same, under a 
 penalty for default of One Pound Currency. 
 
 Sixthly The copies of the Maps, Plans and Books of 
 Reference, or of any alteration or correction thereof or 
 extracts therefrom, certified by any such Clerk of the Peace 
 which Certificate such Clerk of the Peace shall give to all 
 parties interested when required, shall be received in all 
 Courts of Justice or elsewhere as good evidence of the 
 contents thereof. 
 
 Seventhly. No deviation of more than one mile from the 
 line of the Railway or from the places assigned thereto, in 
 the said Map or PJan and Book of Reference or Plans' or 
 Sections shall be made, nor into, through, across, under or 
 over any part of the Ir .ids not shewn in such Map or Plan 
 and B..ok of Reference, or Plans or Sections, or within one 
 mile of the said line and place, save in such instances as 
 are provided for in the Special Act. 
 
 Eighthly. Provided that the Railway may be carried 
 across or upon the lands of any person on the line, or 
 
 Error in the 
 name of a per- 
 son entered in . , - j i- — ... 
 
 a Book of within the distance from such line «« t*ffxr^<:f»iA 
 
 Referenw. ' "'" 
 
 the 
 
 ^M 
 
Extent oflandi 
 to b« taken 
 without cousent 
 of proprietor. 
 
 19 
 
 a. name of such person be not entered in the Book o( 
 Reference through error or » - other cause, or althooRh 
 some other person be erroi... ,ly mentioned as the owner 
 of or entitled to convey, or be interested in such lands 
 
 ,„ ! *f I-"~~^'!? "'^y ^ '«''«•' "■i'hout the 
 consent of the proprietor thereof, shall not exceed thirty 
 yards .„ breadth, except In such places where, the Railway 
 
 iril h. ,T,' u "; "■' '"'■''=' °f '"^ ''»»' " "here offsets 
 teL /, K "' 7 ''^"' ^""'™^' ^'VOU or fixtures are 
 mo™ th , 'T"'' "' '""'' "^ "^'"-"^l. ^■'d 'hen not 
 
 ^t^^T'^fu""'' '" l™?'" by one hundred 
 ana fifty yards m breadth, without the consent of the person 
 authonzed to conv.y such lands; and the places at wS 
 ^ch extra breadth is to be taken shall be shewn on S 
 Map or Plan, or Plans or Sections, so far as the same may 
 be then .scertamed, but their not being so shewn shall no^ 
 prevent such extra breadth from being taken, provided t be 
 
 Tenthly The extent of the public beach, or of the land 
 eovere w,th the waters of any rLr or lake i'n th,^ Pr vfnce 
 aken fo, ,he Railway, shall not exceed the quantity iLZ 
 m the next preceding clause. ^ " "- 
 
 LANDS, AND THEIB VALUATION. 
 XI. And be it enacted. That the conveyance of land. 
 fte.r valuation and the compensation therefo" shaU be 
 made in manner follomeg- • ' "® 
 
 izz^'icZ:'':' "^7"^' '''° -» - ^hairbe'sted: 
 
 possessed of or mterested in any lands, may contract for 
 
 an an'y Zlt" trf ^ "^7 "" " ^"^ "^'^ ">"-f i 
 «'«y i-oniract, agreement, sale, nnmr.., j ' 
 
 -ce so to be m,de, shall be valid ande^rairia^t 
 
 aU 
 
 Extent ofpublio 
 beach to be 
 taken. 
 

 
 if 
 
 N! 
 
 Efiect of con- 
 tracts made 
 before deposit 
 of map. 
 
 Corporations 
 who cannot 
 sell, may agree 
 upon a fixed 
 rent. 
 
 Ab to proprie- 
 tors jpar indivis. 
 
 u 
 
 all intents and purposes Avhatsoever ; any law, statute, 
 usage or custom to the contrary thereof in anywiao not- 
 withstanding, an ' such Corporation or person, so conveying 
 as aforesaid, is hereby indemnified for what he or it shall 
 respectively do by virtue of or in pursuance of this Act. 
 
 Semidly. Provided, that any contrp 't or agreement 
 made by any parly authorized by this Aci to convey lands, 
 and made before the deposit of the Map or Plan and Book 
 of Reference, and before the setting out and ascertaining of 
 the lands required for the Railway, shall be binding at the 
 price agreed upon for the same lands, if they shall be 
 afterwards so set out and ascertained within one year from 
 the date of the contract or agreement, and although such 
 land may, in the mean time, have become the property of 
 a third party ; and possession of the land may be taken 
 and the agreement and price may be dealt with, as if such 
 price had been lixed by an award of Arbitrators as herein- 
 after provided, and the agreement shall be in the place of 
 an award. 
 
 Thirdly. All Corporations or persons who cannot in 
 common course of law sell or alienate any lands so set out 
 and ascertained, shall agrer upon a fixed annual rent as 
 an equivalent, and not upon a principal sum, to be paid 
 for the lands : and if the amount of the rent shall not be 
 fixed by voluntary agreement or compromise, it shall be 
 fixed in the manner herein prescribed, and all proceedings 
 shall in that case be regulated as herein prescribed ; and 
 for the payment of the said annual rent, and every other 
 annual rent agreed upon or ascertained, aad to be paid for 
 the purchase of any lands, or for any part of the purchase 
 money of any lands, which the vendor shall agree to leave 
 unpaid, the Railway and the tolls thereon shall be and are 
 hereby made liable and chargeable in -preference to all 
 other claims and demands thereon whatsoever, the Deed 
 creating such charge and liability being duly registered in 
 the Registry Office of the proper County. 
 
 Fourthly. Whenever there shall be more than one party 
 proprietor of any land as joint tenant or tenants in common, 
 or 'par indivis, any contract or agreement made in good 
 faith with anv nartv or nartif^s nrnnrififor nr h^>in.T tnrrafhar- 
 
 > proprietors 
 
 i I 
 
13 
 
 Foprielors of one third „r more of ,„.i, i 'i 
 amouoe of compensation for^ sale off ' 'f '° "" 
 thereto, shall be binding as betteer"he r.! """ ''"'""*■'''' 
 tor or proorietors a« ^ "»'"='» een tiie remanimo; proprie- 
 
 have'^.o arrtdnrv H r ''™''"'" " P™''™'°- -•>» 
 
 oa.power"h eln!t'" ''°"'-'"°" "' ^"='' '"'"l. « 
 i?ft*/., ,V""J' "f" ""= same, as the case may be 
 
 •hereof in at ietst one 1?"°" °' '''"'''"''"' »"" ^o™ ""'i" 
 in eachof le Dist" cts ZT " •'"" "'-X-P-Wi^hed 
 Railway is .ntendli '„ r""' ""■'"'«'' >''"-^'' ""e 
 
 the owI,rs o alor'T'' "''^ ■•-"''°" "-y "• "ade to 
 
 lands^orinter^stir/n^ d°„s:h:rr:rd' " ™r^^ 
 
 the taking of materials or the e ercTeTa!; fTh^ "" 
 granted for the KaiUvav and .!,„ ^ P""'"" 
 
 contracts may be made ^i^L ,h T™' ''""'■''^'"^■"s and 
 
 -diandsor=:h^cit„rtLtrprMt;tr'''"^' *■" 
 
 for the damages, or as' to the m de n'vhich t / "P " 
 pensation shall be ascertains! Z I l ^ '""' =<""- 
 
 both parties and in Z eT ' "'' "'*"' ^''Podient to 
 
 Kr:t;a?d\htr-eVs:h-d:;sr-^--- 
 
 *.rorthr,rdsrr:f"^^^^ 
 
 Railway and wortr """ '^ '^'""*'='' <■" ">" -'d 
 
 a^:^L!rthT;::dTrb:z::rnr-- 
 crmta^^x::!-::-^^^^^ 
 
 8um or rent as the c»=n '^'^'•'""'s to pay some certain 
 
 lands or for such dama'esTd:^ "' compensation for such 
 
 appointed as t^o ArSttor -f ZT "'" •"""" " "" 
 
 be no. accepted : and ch no ce sW,Ta"'' " ""^ "'''" 
 the CertificatP nf « a 1 ^^ accompanied by 
 
 or Lowe Catadl as thir T '" "P**' ^"-"a 
 
 -tter, and no^t:: t TrLrtL^t^f-rrr ■» '"^ 
 -«tthe land, if .he notice relat; toZ;;;'i;™;7:'„<:; 
 
 is shewn 
 
 •Anerone 
 month's notice 
 of deposit of 
 niRp, &c., ap- 
 plication to th» 
 owner of landa. 
 
 Deposit to b« 
 general notice. 
 
 Notice to oppo- 
 site party. 
 
£^M. 
 
 If the party be 
 •bsent or un- 
 kuowd. 
 
 Parly not ac- 
 cepting tho 
 Company's 
 offer, and not 
 appointing an 
 arbitrator. 
 
 Appointment 
 of arbitrators by 
 opposite party. 
 
 Third arbitra- 
 tor. 
 
 Duties of arbi- 
 trator!. 
 
 16 
 
 is shewn on the said Map or Plan, and is required for th« 
 Railway, or is within the limits of deviation hereby 
 allowed ; that he knows the land, or the amount of damage 
 likely to arise from the exercise of the powers ; and that 
 the sum so offered is, in his opinion, a fair compensation 
 for the land, and for the damages as aforesaid. 
 
 Eighthly If the opposite party be absent from the 
 District or County in which the lands lie, or be unknown, 
 then, upon application to a Judge of the District, County or 
 Circuit Court, as the case may be, accompanied by such 
 Certincale as aforesaid, and by an affidavit of some officer 
 of the Company that the opposite party is so absent, or 
 that after diligent enquiry, the party on whom the notice 
 ought to be served cannot be ascertained, the Judge shall 
 order a notice as aforesaid but without a Certificate, to be 
 inserted three times in the course of one calendar month in 
 some newspaper published in the said District or County. 
 
 Ninthly. If within ten days after the service of such 
 notice, or within one month after the first publication 
 thereofas aforesaid, the opposite party shall not notify to 
 the Company his acceptance of the sum offered by them, 
 or notify to them the name of a person whom he appoints 
 as Arbitrator, then the Judge shall, on the application of 
 the Company, appoint a sworn Surveyor for Upper or Lower 
 Canada, as the case may be, to be sole Arbitrator for 
 determining the compensation to be paid as aforesaid. 
 
 Te?ithly. If the opposite party shall, within the time 
 aforesaid, notify to the Company the name of his Arbitrator* 
 then the two Arbitrators shall jointly appoint a third, or if 
 they cannot agree upon a third, then the Judge shall, on 
 the application of the party or of the Company, (previous 
 notice of at least one clear day having been given to the 
 other party) appoint a third Arbitrator. 
 
 Eleventhly. The Arbitrators, or any two of them, or the 
 sole Arbitrator, being sworn before some Justice of the 
 Peace for the District or County in which the lands lie as 
 aforesaid, faithfully and impartially to pertorm the duties 
 of their office, shall proceed to ascertain the said compensa- 
 tion in such way as they or he, or a majority of them, shall 
 deem oesi, ana ine awaru ui suou .n.ii;iu.awia, «* anj lttu- 
 
 of 
 
17 
 
 Arbitrators may 
 exan.:ne on 
 oath. 
 
 ot them, or of the sol« Arbitrator, shall be final and con- 
 clusive : Provided that no such award shall be made or any Proviso, 
 official act be done by such majority, except at a meeting 
 held at a time and place of virhich the other Arbitrator shall 
 have at least one clear day's notice, or to which some 
 meeting at which the third Arbitrator was present, shall 
 have been adjourned ; and no notice to either of the parties 
 ' shall be necessary, but they shall be held sufficiently 
 notified through the Arbitrator they shall have appointed, 
 or whose appointment they shall have required. 
 
 TwelftMy. Provided, that if in any case where three Costs Iiow paid. 
 Arbitrators shall have been appointed, the sum awarded be 
 not greater than that offered, the costs of the Arbitration 
 shall be borne by the opposite party, and deducted from the 
 compensation, but if otherwise, they shall be borne by the 
 Company, and in either case they may, if not agreed upon, 
 be taxed by the Judge aforesaid. 
 
 ThirteerUhly. The Arbitrators, or a majority of them, or 
 the sole Arbitrator, may examine on oath or solemn affir- 
 mation the parties, or such witnesses as shall voluntarily 
 appear before him or them, and may administer such oath or 
 affirmation ; and any wilfully false statement made by any 
 witness, under such oath or affirmation, shall be deemed 
 wilful and corrupt perjury, and punishable accordingly. 
 
 Fourteenthly.. The Judge by whom any third Arbitrator 
 or sole Arbitrator shaU be appointed, shall, at the same 
 time, fix a day on or before which the award shall be made, 
 and if the same be not made on or before such day, or some 
 other day to which the time for making it shall have been 
 prolonged, either by the consent of the parties or by the 
 order of the Judge (as it may be for reasonable cause shewn 
 on the application of such sole Arbitrator or of one of the 
 Arbitrators after one clear day's notice to the others) then 
 the sum offered by the Company as aforesaid, shall b^ the 
 compensation to be paid by them. 
 
 memtUy.U the Arbitrator appointed by such Judge, Arbitrator 
 or If any Arbitrator appointed by the parties, shall die *^y'°«« *=• 
 before the award be made, or be disqualified, or refuse or 
 fail to act within a rearonable time, then, upon the annhVa- 
 tion of either party, such Judge beiag satisfied by affidavit 
 
 Time within 
 which award 
 must must be 
 made. 
 
 or 
 
Company may 
 dHist payinir 
 coats. 
 
 Arbitrators not 
 disqualified for 
 certain circum- 
 stances. 
 
 Awards not 
 avoided for 
 want of form. 
 
 18 
 
 or otherwise of such disqualification, refusal or failure, mar 
 in his discretion, appoint another Arbitrator in the place 
 of him by the Judge previously appointr 1, and the Com- 
 pany and party may each appoint an arbitrator in place of 
 their Arbitrator deceased or otherwise not acting as afore- 
 said, but no recommencement or repetition of prior pro- 
 ceedings shall be required in any case. 
 
 Sitteenihly. Any such notice for lands, as aforesaid, may 
 be desisted from, and new notice given, with regard to "the 
 same or other lands, to the same or any other party, but 
 m any such case, the liability to the party first notified for 
 all damages or costs by him incurred in consequence of 
 such first notice and desistment, shall subsist. 
 
 Seimiteertthty. The Surveyor or other person offered or 
 appointed as Valuator or as Arbitrator, shall not be dis- 
 qualified by reason that he is professionally employed by 
 either party, or that he has previously expressed an opinion 
 as to the amount of compensation, or that he is related or 
 of km to any member of the Company, provided he is not 
 himself personally interested in the amount ol the compensa- 
 tion , and no cause of disqualification shalf be urged against 
 any Arbitrator appointed by the Judge after his appointment, 
 but shall be made before the same, and its validity or inva- 
 lidity shall be summarily determined by the Judge ; and no 
 cause of disqualification shall be urged against any Arbi- 
 trator appointed by the Company or by the opposite party 
 after the appointment of a third Arbitrator ; and the validity 
 or invalidity of any cause of disqualification urged against 
 any such Arbitrator, before the appointment of a third 
 Arbitrator, shall be summarily determined by any such 
 Judge, on the application of either party, after one clear 
 day's notice to the other, and if such cause be determined 
 to be valid, the appointment shall be null, and the party 
 offering the person so adjudged to be disqualified, shall be 
 held to have appointed no Arbitrator* 
 
 EighteerUhly. No award made as aforesaid shall be 
 invalidated from any want of form or other technical 
 objection, if the requirements of this Act shall have been 
 complied with, and if the award shall state clearly the sum 
 awarded, and the lands or other property, right or thing 
 lor which such sum is to be the compensation ; nor shall 
 
 • it 
 
19 
 
 pro- 
 
 it be necessary , ^. the party, or parties to whom the sum 
 is to be paid, be i.dmed in the award. 
 
 Ninetcenthly. Upon payment or legal tender of the 
 compensation or annual rent so awarded or agreed upon 
 as aforesaid te the party entitled to receive the same, or upon 
 the deposit of the amount of such compensation in the 
 manner hereinafter mentioned, the award or agreement 
 shall vest in the said Company the power forthwith to take 
 possession of the lands^or to exercise the right, or to do the 
 thing for which such compensation or annual rent shall 
 have fceen awarded or agreed upon ] and if any resistance 
 or forcible opposition shall be made by any person, to their 
 ao doing, tlie Judge, may, on proof to his satisfaction of 
 mch. award or agreement, issue his Warrant to the Sheriff 
 of the District or County, or to a Bailiff, as he may deem 
 most suitable, to put the said Company in possession, and 
 to put down such resistance or opposition, which the Sheriff 
 or Bailiff, taking with him sufficient assistance, shall 
 accordingly do : Provided that such Warrant may also be 
 granted by any such Judge, without such award or agree- 
 ment, on affidavit to his satisfaction that the immediate 
 possession of the lands or of the poiver to do the thing 
 mentioned in the notice, is necessary to carry on some part 
 of the said Raiiway with which the said Company are 
 ready forthwith to proceed ; and upon the said Company 
 giving security to his satisfaction, and in a sum which shall 
 not be less than double the amount mentioned in the notice, 
 to pay or deposit the compensation to be awarded within 
 one month after the making of the award, with interest 
 from the time at which possession shall be given, and with 
 such costs as may be lawfully payable by the Company. 
 
 Tweniiethly. The compensation for any lands which might 
 be taken wiQiout the consent of the proprietor, shall stand 
 in the stead of such lands ; and any claim to or incum- 
 brance upon the said lands, or any portion thereof, shall, as 
 against the Con.pany, be converted into claim to the com- 
 pensation, or to a like proportion thereof, and they shall be 
 responsible accordingly whenever they shall have paid such 
 compensation, or any part thereof, to a party not entitled 
 to receive the same, saving aJwavs their rpz-nnrcn q«„;v,o* 
 
 such 
 
 PMMsaion may 
 b« taken on 
 payment, ten- 
 der, <&c., of 
 aum awarded. 
 
 Proviso. 
 
 As to incum- 
 brances upon 
 lands, &c., pur- 
 chased or taken 
 in Upper Ca- 
 nada. 
 
Pfoviao. 
 
 ■4^! 
 
 ' ' 
 
 io 
 
 .uch party: Provided th.t ir the Companr .hMI k.,. 
 reason ,„ fear any clain,, or incumbraneero" iflny oarlv 
 -^ whom the compensation or annual re'nt, or anV^rt 
 thereof .hail be payable, d„ll refuse to execute' the proC 
 conveyance and guarantee, or if the party en. led to Zm 
 fte same cannot be found, or be unknown to the CoCT 
 
 advisable, it shall be lawful, if the lands be situated in 
 
 ^tbce of either of the Superior Courts for Upper Canada 
 with the interest thereon for six month. »n/. j r ' 
 the Clerk nf Ik. r> . , "ontns, and to deliTer to 
 
 or of h ! '" *"*™"° "Py of "•• conveyance 
 
 Ls, \° """^ "' ''^''"'"" 'f '^«" •« "" eonreyan"' 
 
 Aat the title of the Company, that i , fte convLlel 
 agreement or award, is under this Act, and shall oallTnll' 
 all persons entitled to the land, or to iny plrt helf^" 
 representing or being .,e husband. J any S L 
 
 Ztf a:d'iV''''r'r' "■ ^--P'-tion'ofaTpa" 
 «Z bv ^o r'"°f ola-ms shall be received and ad/udged 
 
 ftis A fandth»'« "°',*"'' «~'d™ff'» the provisions of 
 
 01 aistnbution as aforesaid be obtainprl in !«« *i, • 
 months from the mvm«nf r 1 ^^'""^"^ ^^ ^^s* than six 
 theCourf Tnii ^^^ °^ *^® compensation into Court, 
 
 be re^^^^^^^^^^^ P-t of the interest to 
 
 returned to the Company, and if irom any error, fault 
 
 or 
 
21 
 
 or neglect of the Company, it .hall not be obtainea until 
 after die six months are expired, the Court ahall order the 
 Company to pay the claimants the interest for such further 
 period as may be right. 
 
 Tw^tyfirstly ^i the lands so taken be situated in Lower 
 Canada and ,f the said Company shall have reason to fear 
 any such claim, mortgage, hypothec or incumbrance, or if 
 any party to whom the compensation or annual rent, or 
 any part.thereof. shall be payable, shall refuse to execute 
 he proper conveyance and guarantee, or if the party entitled 
 to claim the compensation or rent cannot be found, or be 
 unknown to the Company, or if for any other reason the 
 Company shall deem it advisable, it shall be lawful for 
 them to pay such compensation into the hands of the 
 Prothonotary of the Superior Court for the District in which 
 such land la situate, with the interest thereon for six months, 
 and to deliver to the said Prothonotary an authentic copy 
 of the conveyance, or of the award, if there be no convev- 
 ance, and such award shall thereafter be deemed to be the 
 title of the said Company to the land therein mentioRed. 
 and proceedings shall thereup<m be had for the confirmation 
 of the title of the said Company, in like manner as in other 
 cases of confirmation of title, except that, in addition to the 
 usua contents of the notice, the Prothonotary shall state 
 that Ae tale of the Company (that is, the conveyance or 
 
 entitled to the lands, or any part thereof, or representing 
 or bemg the husband of any party so entitled, to file their 
 oppositions for their claims to the compensation, or any 
 part thereof, and all such oppositions shall be received and 
 adjudged upon by the Court; and the judgment of con. 
 firmation shall forever bar all claims to the land, or any 
 part thereof (including dower not yet open), as y,^\i as anv 
 mortgage, hypothec or incumbrance upon the same • and 
 the Court shall make such order for the distribution' pay- 
 ment or investment of the compensation, and for the security 
 of Ae rights of all parties interested, as to righfand justice, 
 aai the Special Act, and according to the provisions of this 
 Act and to law, shall appertain ; and the cpsts of the said 
 
 CiM in which 
 lands are tituMt* 
 in Lower Ca- 
 nada, andCom* 
 pany have rea- 
 son to fear 
 incambrance*, 
 provided for. 
 
 S ^ 5-j •-'^ «"> puifc Miereoi, snaii be paid by the 
 
 Com- 
 pany, 
 
it 
 
 ) I ill I 
 
 Cmie in which 
 Railway bhall 
 PAHH throuffh 
 Indini) lands, 
 provided for. 
 
 Aa tc lanr^H he- 
 
 longing to Her 
 Majesty, &c. 
 
 Proviso. 
 
 22 
 
 • 
 
 pany, or by any other party, as the Court shall deem it 
 equitable to der; and if judgment ol confirmation be 
 obtained in I- tia, ^^ tmmiha from the payment of the 
 eorpj-nsation > f'futhonotftry, the Court shall direct a 
 propor'.nMiiJlle part oi he interest to be rettjrned to the Cont- 
 pany, aoa if from any e rror, fault or neglect of rhe Company, 
 it shall not be obtaine.l until after the aiM. months are 
 ex|/iriKl, the ( 'ourt shall ord. " the Company to pay the 
 Prothoi.ctary the interest for such furt^'^r period as may 
 be riifht. 
 
 Tweniy-$eco7idly U the said Railway shall pass through 
 any land belonging to or in possession of any Tribe of 
 Indians in this Province, or if any act occasioning damage 
 to their lands shall be done under the authority of this Act 
 or the Siwcial Act, compensation shall be made to them 
 therefor, in the same manner as is provided with respect 
 to the lands or rights of other individuals ; and whenever 
 it shall be necessary that Arbitrators shall be chosen by 
 the parties, the Chief Officer of the Indian Department 
 within this Province, is hereby authorized and required to 
 name an Arbitrator on behalf of the Indians, and the 
 triount which shall be awarded in any case shall be paid, 
 wuere the lands belong to the Indians^ to the said Chief 
 ( nicer, for the use of such Tribe or Body. 
 
 TwerUy-thirdly. Whenever it shall be necessary for t^e 
 Company to occupy any part of the lands belonging to the 
 Queen's Majesty, reserved for Naval or Military purposes, 
 they shall first apply for and obtain the license or consent 
 of Her said Majesty, under the Hand and Seal of the 
 Governor for the time being, and having obtained such 
 license and consent, they may at any time or times enter 
 into or upon, have, hold, use, occupy, and enjoy any of the 
 said lands for the purposes of the Railway: Provided 
 always, that in the case of any such Navat or Military 
 Reserves, no such license or consent shall be given but 
 upon a Report first made thereupon by the Naval or 
 Military authori; ies in which such lands shall for the time 
 being being be vt. -d, approving of such license and ^n- 
 sent being so giv^n •. :,'" 'efiait^ 
 
 HIGHWAYS 
 
23 
 
 HIGHWAYS AND DRIOGiprs. 
 
 XII And be it enacted, That the Highway, and Rridire. 
 ■hall be regulated as follows : 
 
 i'yr,%^ The Kaihvay shall not be carried along anv 
 
 exislmg Highway, but merely cross the nie in th*. line 
 
 of the Railway, unless leave be obtained from the proper 
 
 Mun.c.pal authority therefor; and no obstruction ;f such 
 
 Highway with the works shall hlJ made without turning 
 
 thF-ttightvoy so AS to leave an open and good passage for 
 
 carriages, and, on completion of the works, replacing the 
 
 Highway, under n penalty of not less than Ten Pounds 
 
 for any cu.uravention ; but, in either case, the rail itself, 
 
 provided It doe. not rise above or sink below the surface 
 
 uf tV , .,,d more than one inch, shall not be deemed an 
 
 obstruction. 
 
 Secondly. No part of the Railway which shall cross any 
 Highway without being carried over by a Bridge, or under 
 by a Tunnel, shall rise above or sink below th; level of 
 the Highway more than one inch ; and the Railway may 
 
 Thirdly. The space of the arch of any Bridge erected 
 for carrying, the Railway over or across any Highway 
 shall at a 1 times be, and be continued of the open 3 
 dear breadth and space, under such arch, of not less than 
 twenty feet, and of a height from the surface of such Hir. 
 way to the centre of such arch of not less than twelve feet- 
 and the descent under any such Bridge shall not exceed 
 one foot m twenty feet. 
 
 Fourthly. The ascent of all Bridges erected to carry any 
 Highway over any Railway shall not be more than one 
 foot , t . enty feet increase over the natural ascent of the 
 Highway ; and good and sufficient fence shall be made on 
 each side of every Bridge, which fence shall not be less 
 than four feet above the surface of the Bridge 
 
 riflMy. Signboards stretching across the Hi^rhway 
 
 kXpl^r ^^^"^«-^-y' «^^" be erect:'::! 
 kept up at each crossing at such height as to :.av« ciw... 
 
 leet iium the Highway to the lower edge of the "signboard; 
 
 and 
 
 a ulwhj not to 
 be carried aloBf 
 niiy highway 
 without Irsvo 
 fromMuiiicipal 
 authorities. 
 
 Railway not (» 
 riae more than 
 one inch above 
 level of high- 
 ways when 
 eroaaing the 
 ■ame. 
 
 Height and 
 breadth of 
 bridge over 
 highways. 
 
 Ascent of 
 bridge*. 
 
 Precautions 
 when Railway 
 crosses a high- 
 
 wav 
 
24 
 
 Fences to be 
 erected on each 
 •ide of RaiN 
 way. 
 
 Dividinif aud 
 separatin^r of 
 lands for Rail' 
 way from 
 neighbouring 
 lands. 
 
 and having the words " Railway Crossing » painted on 
 each side of signboard, and in letters net less than six 
 inches in length ; and for every neglect to comply with the 
 requirements of this section, a penalty not exceeding Ten 
 Pounds currency shall be incurred. 
 
 FENCES. 
 
 XIII. And be it enacted, That 
 
 mrstly. Fences shall be erected and maintained on each 
 side of the Railway, of the height and strength of an 
 ordmary division fence, with openings, or gates, or bars 
 therein and farm crossings of the Road, for the use of the 
 proprietors of th« lands adjoining the Railway , and also 
 cattle guards at all road crossings, suitable and sufficient 
 to prevent cattle and animals from getting on the Railway; 
 and until such fences and cattle guards shall be duly made| 
 the Company shall be liable for all damages which shall 
 be done by their trains or engines to cattle, horses, or other 
 animals on the Railway ; and after the fences or guards 
 shall be duly made, and while they are duly maintained, 
 no such liability shall accrue for any such damages unless 
 negligently or wilfully done ; and if any person shall ride, 
 lead or drive any horse or other animal upon such Railway, 
 and within the fences and guards, other than the farm 
 crossings, without the consent of the Company, he shall 
 for every such offence forfeit a sum not exceeding Ten 
 Pounds, and shall also pay all damages which shall be 
 sustained thereby to the party aggrieved ; and no person 
 other than those connected with, or employed by, the 
 Railway, shall walk along the track thereof, except where 
 the same shall be laid across or along a Highway. 
 
 Secondly. Within six months after any lands shall be 
 taken for the use of the Railway, and if thereunto required 
 by the proprietors of the adjoining lands respectively, but 
 not otherwise, the lands shall be, by the Company, divided 
 and separated and kept constantly divided and separated 
 from the lands or grounds adjoining thereto, with a suffi- 
 cient post or rail, hedge, ditch, bank, or other fence, 
 sufficient to keep off hogs, sheep and cattle, to be set and 
 made on the lands so taken, and which the Company 
 
 shall. 
 
25 
 
 by By- aws. 
 
 fiball, at their own costs and charges, from time to time, 
 maintain, support and keep in sufficient repair. 
 
 TOLLS. 
 
 XiV. And be it enacted, That Tolls shall be established 
 as follows : 
 
 Firstly. Tolls shall be from time to time fixed and regu- Tolls to be fixed 
 lated by the By-laws of tho Company, or by the Directors, 
 if thereunto authorized by the By-laws, or by the Share- 
 holders at any general meeting, and shall and may be 
 demanded and received for all passengers and goods 
 transported upon the Railway or in the tSteam Vessels to 
 the undertaking belonging, and which shall be paid to such 
 persons and at such places near to the Railway, in such 
 manner and under such regulations as the By-laws shall 
 direct ; and in case of denial or neglect of payment of any 
 such'Tolls, or any part thereof, on demand, to such persons, 
 the same may be sued for and recovered in any competent 
 Court, or the Agents or Servants of the Company may, 
 and they are hereby empowered to seize the goods for or in 
 respect whereof such tolls ought to be paid, and cetain the 
 same until paymen^ thereof; and in the meantime the 
 said goods shall be at the risk of the owners thereof; and 
 if the said tolls shall not be paid within six weeks, the 
 Company shall thereafter have povVer to sell the whole or 
 any part of such goods, and out of the money arising from 
 such sales to retain the tolls payable as aforesaid, and all 
 charges and expenses of such detention and sale ; rendering 
 the surplus, if any, of the money realized from such sale, or 
 of such of the goods as may remain unsold, to the person 
 entitled thereto ; and if any goods shall remain in the 
 possession of the Company unclaimed for the space of 
 twelve months, the Company shall thereafter, and en giving 
 public notice thereof by advertisement for six weeks in the 
 Canada Gazette^ and in such other papers as they may deem 
 necessary, have power to sell such goods by public auction 
 at a time and place to be mentioned in such advertisement, 
 and out of the proceeds thereof to pay such tolls and all 
 reasonable charges for storing, advertising and selling such 
 goods , and any balance of such proceeds shall bo kept by 
 
 z> the 
 
'11 
 
 r H 
 
 Proviso. 
 
 A fraction of a 
 mile to be coii- 
 eideied as a 
 wliole one ill 
 charging toils. 
 
 Table of tolls 
 to be sinok up 
 in cars, &c. 
 
 2e 
 
 the Company for a further period of three manth-, i^ he 
 paid over to any party entitled thereto ; and in defkult ^ 
 such balance bemg claimed before the expiration of the 
 pertod I^st aforesaid, the same shall be paid over to the 
 Receiver-General to be applied to the general purposes cj 
 the Province, until such time as the same shall be SaLed 
 by the party entitled thereto; and all or any of the said 
 tolls may, by any by-la^, be lowered and reduced and 
 agam raised as often as Jt shall be deemed necessary for 
 the interests of the undertaking: Provided that the same 
 tolls shall be payable at the same time and under the same 
 circumstances upon all goods and persons, so that no undue 
 advantage, privilege or monopoly may be afforded to any 
 person or class of persons by any By-law* relating to the 
 
 wv r'^'^ '" ^" '^'''' ^ ^'•''^*^'°" ^» *^« <l^«tance over 
 which go^ds or passengers shall he transported oY, the 
 Railway shall be considered as a whole mile ; and for a 
 
 of the tolls shall be demanded and taken, according to the 
 number of quarters of a ton contained therein, and a frac^ 
 tion of a quarter of a ton shall be dgemed and considered 
 as a whole quarter of a ton. 
 
 Thirdly. The Directors shall, from time to time, print 
 and stick up, or cause to be printed and stuck up, in the 
 fice, and in all and every of the places where 1 toils 
 are to be co lected, and in every passenger car, in some 
 conspicuous place there, a printed board or paper exhibiting 
 all the tolls payable, and particularising the price or sum 
 of money to be charged or taken for the carriage of any 
 mattr.r or thing. ' 
 
 FauHkly^ IN o tolls shall be levied or taken until approved 
 of by the Governor in Council, nor until after two weekly 
 publications m the Canada Gazette of the RylUw estab 
 l^hmg such tolls, and of the Order in Councif ^^i 
 
 i^//%. Every By-law fixing and regulating tolls shall 
 be subject to revision by the Governor in Council t^ 
 time to time, after approval thereof as aforesaid ; and after 
 an Order m Council, reducing the toll, fixed andre^ulat 
 
 by 
 
27 
 
 by any By-law, shall have beon twice published in the 
 Canada Gazette, the tolls mentioned in such Order in 
 Council shall be substituted for those mentioned in such 
 By4»w so long as such Order in Council remains un- 
 revoked. 
 
 GENERAL MEETINGS. 
 
 XV. And be it enacted, That the Shareholders shall Shareholder, 
 always have power to assemble together at general meet- ""».v hold gene- 
 ings for purposes connected with or belonging to the uir "' "'««""«'• 
 dertaking, and at any annual general meeting, and elect 
 Directors in the manner provided by the react succeeding 
 
 clause. 
 
 DIRECTORS—THEIR ELECTION AND DUTIES. 
 
 XVI. And be it enacted. That— 
 
 Firstly. A Board of Directors of the undertaking to Board of Di- 
 Bianageitsaffairs, the number whereof shall be stated in f««i<>"- 
 the Special Act, shall be chosen annually by a majority of 
 the Shareholders voting at such election at a general meet- 
 ing, the time and place for which shall be appointed by the 
 Speci&l Act, «»d if such election shall not be held on the 
 day so appointed, it shall be the duty of the Directors to 
 notify and cause such election to be held within thirty 
 dajs after the day so appointed ; and on the day so notified, 
 no person shall be admitted to vote except those who would 
 have been entitled to vote had ihe election been held on the 
 day when it ought to have been held ; and vacancies in 
 the Board of Directors shall be filled in such manner as 
 may be prescribed by the By-laws ; and no person shall 
 be a Director unless he be a Stockholder, owning stock 
 absduteiy in his own right, and qualified to vote for 
 Directors at the election at which he shall be chosen. 
 ^Secondly. The method of calling general meetmgs, and Calling of spe- 
 the time and place of the first meeting of Stockholders for «'«' '"eeiiugs, 
 the appointment of Directors, shall be determined and ^°' 
 settled in the Special Act. 
 
 Thirdli/. The niimber of votes to which each Shareholder Votes to be in 
 shall be entitled on evp-rv npoa^ir.n »rh»n tu^ ,,^^-~ ~c 4.u^ 
 
 members are to be given, shall be in the proportion to 
 
 the 
 
 V. 
 
 nrnnortiQU iQ 
 
 eharea. 
 
23 
 
 the number of shares hold by him, unless otherwise pro- 
 vided by the Special Act; and all Shareholders, whether 
 resident in this Province or elsewhere, may vote by proxy 
 if they shall see fit: Provided that such proxy do produce 
 from his constituent an appointment in writing, in the 
 words or to the effect /ollowing, that is to say : 
 
 '» « of J one 
 
 « of the Shareholders of the , do hereby 
 
 II appoint ^of (^ 
 
 « be my proxy, and in my absence to vote or give my 
 "assent to any business, matter or thing relating to the 
 said undertaking, that shall be mentioned or proposed at 
 " any meetmg of the Shareholders of the said Company, or 
 " any of them, in such manner as he, the said 
 
 J shall think proper. \n witness whereof, I have 
 
 '■ hereunto set my hand and seal, the day 
 
 'Of , in the year » 
 
 Voles by proxy. Fourthly. The votes by proxy shall be as valid as if the 
 
 principals had voted in person ; and every matter or thing 
 
 proposed or considered in any public meeting of the Share- 
 
 ' holders shall be determined by the majority of votes and 
 
 proxies then present and given ns aforesaid, and all decisions 
 
 and acts of any such majority shall bind the Company, and 
 
 be deemed the decisions and acts of the Company. 
 
 FifM,f The Directors first appointed, or those appointed 
 in their stead, in case of vacancy, shall remain in office 
 until the next annual election of Directors at the time 
 appointed therefor, at which time an annual general 
 meeting of the Snareholders shall be held to choose Direc- 
 tors for the ensuing year, and generally to transact the 
 business of the Company : Provided always, that the said 
 Directors, in case of the death, absence or resignation of 
 any ol them, may appoint others in their stead ; but if such 
 appointment be not made, such death, absence or resigna- 
 tion shall not invalidate the acts of the remaining Directors. 
 SUlhly. The Directors shall, at their first or at some 
 other meeting, after the day appointed for the annual 
 general meeting, elect one of their number to be the Presi- 
 dent of the Company, who shall always, when present, be 
 
 the Chn^irmnn nf nnri n<*P^>'^'" •^^ '>1l — a.-'-- -c^%. ■*>■• 
 
 _. ,,,.„ ^^iCoi-uc ai aii iuecuugs 01 lae jL^ireciors, 
 
 and 
 
 Term of office 
 1)1 Oiieuiu.B. 
 
 Proviso. 
 
 President. 
 
29 
 
 and shall hold his office until he shall cease to be a 
 Director, or until another President shall be eU-cted in his 
 stead, and they may in like manner elect a Vice-President 
 who shall act as Chairman in the absence of the President* 
 Seventhly. The Directors at any meeting at which not 
 less than a quorum to be settled by the Special Act shall 
 be present, shall be competent to use and exercise all and 
 any of the powers vested in the said Directors, but no one 
 Director shall have more than one vote at any meeting 
 except the Chairman, who shall, in case of a division of 
 equal numbers, have the casting vote, and the Directors 
 shall be subject to the examination and control of the 
 Shareholders at their annual meetings and be subject to 
 all By-laws of the Company, and to the orders and direc- 
 tions from time to time made at the annual or at any 
 special meetings, such orders and directions not being 
 contrary to any express directions or provisions of this Act 
 or the Special Act: And provided also, ihat the act of any 
 majority of a quorum of the Directors present at any 
 meeting regularly held, shall be deemed the act of the 
 Directors. 
 
 EigUhly. No person holding any office, place or employ- 
 ment in or being concerned or intsrested in any contracts 
 under or with the Company, shall be capable of being 
 chosen a Director, or of holding the office of Director. 
 
 Ninthly. The Directors shall make By laws for the man- 
 agement and disposition of the stock, property and business 
 affairs of the Company, not inconsistent with the laws of 
 this Province, and for the appointment of all officers 
 servants and artificers, and prescribing their respective 
 duties. 
 
 Tenihly. The Directors may from time to time make 
 such calls of money upon the respective Shareholders, in 
 respect of the amount of Capital respectively subscribed or 
 owing by them, ss they shall deem necessary, provided 
 that thirty days' notice at the least be given of each call 
 and that no call exceed the prescribed amount to be deter- 
 mined therefor in the Special Act, nor made at a less 
 interval than two months from the previous call, or a 
 greater amount be called in, in any one year, than the 
 
 prescribed 
 
 Vice President. 
 
 Quorum of 
 iJireciora. 
 
 Proviso. 
 
 Officers of 
 Coiiipaiiy can* 
 iiotbeDire'Uors 
 
 By-laws for 
 inanagenient 
 ot stock, && 
 
 Calls. 
 
 M 
 
J; 
 
 Interent to he 
 charged on uii 
 paid calls 
 
 Amount of call 
 may be reco- 
 vered by suit. 
 
 Certain forma 
 lities not uo- 
 cessary in 
 actions for 
 
 C.IJS. 
 
 Certificale of 
 pro|)rietorship 
 prima facie 
 evidence. 
 
 Penalty for re- 
 fusal to pay 
 calls. 
 
 Forfeiture of 
 share not to be 
 taken advan- 
 tage of, unlesa 
 
 to 
 
 prescribed amount therefor in the Special Act, and every 
 Shareholder shall be liable to pay the amount of the call so 
 made ,n respect of the shares held by him to the persons' 
 and at the tunes and places from time to time appointed 
 by the Company or the Directors. 
 
 i:^jnmy. If before or on the day appointed for payment 
 any Shareholder do not pay the amount of any call, he 
 shall be liable to pay interest for the same, at the rate of 
 SIX per centum per annum, from the day appointed lor the 
 payment thereof to the time of the actual payment 
 
 TwelftMy. If at the time appointed for the payment of 
 any call, any Shareholder shall fail to pay the amount of 
 the call, he may be sued for the same, in any Court of 
 La^v or Equity having competent jurisdiction, and the 
 same may be recovered with lawful interest from the dav 
 on which such call was payable. 
 
 Thideenthly. In^ny action or suit to recover any money 
 due upon any call, it shall not be necessary to set forth the 
 special mat^er, but it shall be sufficient to declare that the 
 Defendant IS the holder of one share or more, stating the 
 number of shares, and is indebted in the sum of money to 
 which the calls in arrear shall amount, in respect of one 
 call or more upon one share or more, stating the number 
 and amount of each of such calls, whereby an action hath 
 accrued to the said Company by virtue of the Special Act 
 Fourteenthly. The Certificate of Proprietorship of any 
 share shall be admitted in all Courts as prima fal evi^^Z 
 of the title of any Shareholder, his executors, administmrs 
 successors or assigns, to the share therein specified; neverJ 
 theless, the want of su.h Certificate shall not pre^nt the 
 holder of any share from disposing thereof 
 
 Pifteenthly. Any persons neglecting or refusing to pay a 
 rateable share of the calls as aforesaid, for the space of two 
 calendar months after the time appointed for the payment 
 thereof shall forfeit their respective shares in the undertak. 
 ing,and al tne profit and benefit thereof; all which for- 
 feitures shall go to the Company for the benefit thereof 
 
 f^-ff¥ Provided that no advantage shall be taken 
 of the forfeiture, unless the same shall be declared to be 
 lorteited at a General M«fitino- nf th^ n«^ ... 
 
 At 
 
31 
 
 at any time after such forfeiture shall be incurred, and declared at 
 every such forfeiture shall be an indemnification to and for e«"«r«> meet- 
 every Shareholder so forfeiting against all actions suits or "'*^' 
 prosecutions whatever, to be commenced or prosecuted for 
 any breach, of contract or other agreement between such 
 Shareholder and the other Shareholders with regard to 
 carrying on the said undertaking. 
 
 SeverUeerUfUy. The Directors of the said Company may Directors may 
 wil, either by public auction or private sale, and in such **" ^"'■^^"«'' 
 manner and on such terms as to them shall seem meet, t^ '' ''^' 
 any shares so declared to be forfeited, and also any shares 
 remainmg unsubscribed for in the Capital Stock of the 
 Company, or pledge such forfeited or unsubscribed shares 
 for the payment of loans or advances made or to be made 
 thereon, or of any sums of money borrowed or advanced 
 by or to the Company. 
 
 Eighteenthly. A Certificate of the Treasurer of the Com- Certif5ca.e of 
 pany that the forfeiture of the shares was declared shall ^''^''''"•^^■••ob. 
 be sufficient evidence of the fact therein stated, and of their SS;' 
 purchase by the purchaser ; and with the receipt of the 
 Treasurer for the price of such shares, shall constitute a 
 good title to the shares, and the Certificate shall be by 
 the said Treasurer enregistered in the name and with the 
 place of abode and occupation of the purchasers, and shall 
 be enteTed in the Books required to be kept by the By laws 
 of the Company, arid such purchaser sh.ll thereupon be 
 deemed the holder of such shares, and shall not be bound 
 to see to the application of the purchase money, nor shall 
 lus title to such shares be affected by any irregularity in 
 «ie proceedings in reference to such sale, and any Share- 
 Holder may purchase any shares so sold 
 
 J^'^^^J^y- Shareholders wilhng to advance the amount Interest to be 
 01 tneir bhares, or any part of the money due upon the ""*"*"^ t° 
 respective shares beyond the sums actually called for, may f.^:^tZy 
 pay the same, and upon the principal moneys so paid in >">'^v''»« on 
 advance or so much thereof as from time to time shall ""' 
 
 exceed the amount of the calls then made upon the shares 
 m respect of which such advance shall be made, the Com- 
 pany may pay interest at the legal rate of interest for the 
 
 time beinor. ae *\iA Ql U-IJ- 
 
 5,7 — "«v wiiaicuuiucrs paying such sum in 
 
 advance 
 
I Iff 
 
 fi 'r f 
 
 m^ 
 
 ; 
 
 ;1,. 
 
 I>i rectors (o 
 cause nniiunl 
 accounts to be 
 kept. 
 
 Proviso. 
 
 Directors may 
 pay interest on 
 sums called up 
 in respect of 
 shares. 
 
 Proviso. 
 
 82 
 
 advance and the said Company may agree upon : Provided 
 such interest shall not be paid out of the Capital sub- 
 scribed. 
 
 Tioentwlhfy. The Directors 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 Company, or by the Directors or 
 Managers thereof, or otherwise, for the use of the Company, 
 and of the charges and expenses attending the erecting,* 
 makmg, supporting, maintainmg and carrying on of the 
 undertaking, and of all other receipts and expenditures of 
 the Company or the Directors, and at the general meetings 
 of the Shareholders of the undertaking, to be from time 
 time holden as aforesaid, a dividend shall be made out of 
 the clear profits of the said undertaking, unless 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 Shareholders in the stock of the 
 Company, as such meeting shall think fit to appoint or 
 determme : Provided always, that no dividend shall be 
 made whereby the Capital of the said Company shall be 
 in any degree reduced or impaired, or be paid thereout. ' 
 nor shall any dividend be paid in respect of any share 
 after a day appointed for payment of any call for money in 
 respect thereof until such call shall have been paid 
 
 Twenty-fir stly. The Directors of the Company may in 
 their discretion, until the Kailroad shall be completed 
 and opened to the public, pay interest at any rate not 
 exceeding Six Pounds per centum per annum, on all sums 
 called up m respect of the shares, from the respective days 
 on which the same shall be p,id, such interest to accrue 
 and be paid at such times and places as the Directors shall 
 appoint for that purpose : Provided always, that no interest 
 shall accrue to the proprietors of any share upon which 
 any call shall be in arrear in respect of such shares or any 
 other share to be holden by the same Shareholder during 
 the period which such call shall remain unpaid, nor shall 
 any interest be paid or taken iiom the Capital subscribed 
 or any part thereof. 
 
 Tuenty-seeondly. 
 
^ 
 
 TwerUy-secoiuUy, The Directors shall from time to time 
 appoint such and so many O/ficers as they may deem 
 requisite, and take from them such sufficient security by 
 one or more Bond or Bonds, in a sufficient penalty or 
 penalties or otherwise from the Manager and Officers for 
 the time being, for the safe keeping and accounting of the 
 moneys to be raised by virtue of this Act and the' Special 
 Act, and for the faithful execution by them of their offices 
 respectively, as the Directors shall think proper. 
 
 TweTUy-thirdly. In case of the absence or illness of the 
 President, the Vice-President shall have all the rights and 
 powers of the President, and shall be competent to sign 
 all Notes, Bills, Debentures, and other Instruments, and to 
 perform all acts which by the Regulations and By-laws of 
 the Company or by the Acts incorporating the Company 
 are required to b«? signed, performed and done by the Pre- 
 sident ; and the Directors may at any meeting require the 
 Secretary to enter such absence or illness among the 
 proceedings of such meeting, and a certificate thereof 
 signed by the Secretary shall be delivered to any person 
 or persons requiring the same on payment to the Treasurer 
 of Five Shillings, and such Certificate shall be taken and 
 considered as prima fade evidence of such absence or 
 illness, at and during the period in the said Certificate 
 mentioned, in all proceedings in Courts of Justice or 
 otherwise. 
 
 TwerUy-fmrthly. All notices of meetings or of calls upon 
 the Shareholders of the Company shall be published weekly 
 in the Canada Gazette, and the said Gazette shall, on pro- 
 duction thereof, be conclusive evidence of the sufficiency of 
 thB said notices. 
 
 Directors may 
 appoint ofBctn 
 
 Vice-Proaident 
 to act in the 
 absence of the 
 President. 
 
 Notices to be 
 published in 
 Canada Ga- 
 zette. 
 
 SHARES AND THEIR TRANSFER. 
 
 XVII. And be it enacted. That— 
 
 Mrstly. Shares in the undertaking may be, by the par- Shareholdera 
 ties, sold and disposed of by instrument in writing, to be e'SSef ^" **^ 
 made m duplicate in the form following, one part of which 
 shall be delivered to the Directors, to be filed and kept for 
 ^Ia^^x °! ^^ f!^ Company, and an entry thereof shall be 
 """ " ~ ^ ^ ' "0 kept for that purpose ; but no interest 
 
 > ijwh 
 
 E 
 
 on 
 
Form of lale. 
 
 ill 
 
 »4 
 
 on the shares transferred shall be paid by the purchaser 
 until said duphcato shall be so delivered, filed and entered. 
 Secondly. Sales shall be in the form following, varyinir 
 he names and descriptions of the contracting parties, a^ 
 tne case may require o r -> 
 
 •* I, A, B, in consideration of the sum of 
 11 paid to me by C D, hereby do sell and transfer to 
 „ ^^ share {or shares) of the stock of 
 
 tiC^Tt KJoiT • T^ '^° *^°'^ *° ^^^ the said 
 
 CD, h,8 Heirs, Executors, Administrators and Assi™ 
 
 « subject to the same rules and orders, and on the X' 
 cond.uons that I held the same immediately bet T 
 execution hereof. A.d I, the said C D do hereby .,rea 
 
 '• to accept of the said , ^ 
 
 '" wrir'-^'r 'I '"" '""' "■'»'' "■'"^ »■«' ™»di"»" 
 Witness our hands thia j ^ 
 
 a . ,, ^"^^ day of 
 
 m the year of u 
 
 ~f •,?\^"'* "^ *' Company shall be rfeemei 
 p^^raonal estate but no shares shall be transferable «ndl 
 all previous calls thereon shall have been fully paid in, or 
 fte sa.d shares shall have been declared forfeited for 4. 
 non-payment of calls thereon, and no transfer of fess tlT 
 a whole share shall be valid. 
 
 rmrtUy. If any share in the Company shall b, «r»»^ 
 m. ted by the death, bankruptcy or las. wi 1 d natirot 
 testament, or by the intestacy of any Shareiolder.Tby 
 any lawful means other than the transfer hereinbefore 
 
 ^Z'li'lh ""'^ "' "''"■» -=" share shall be sot«^" 
 m tted, shall deposit in the office of the Company a rtat 
 mentm wrUmg, signed by him, declaring the m?„„t rf 
 such transmission, together with a dulv certified "„„ 
 probate of such will, "donation or testamen „r ,„IL°^ 
 e«racts therefrom, and such other docnmenu „, Zt^L 
 
 Te 'ntilTr'''""' "'*°'" ""'='> -'" P-'y ^^ »"■ 
 be entitled to receive any share of the profits of the CoiT 
 
 ^any, »« ™'« - -spect of any such sire as Lt hdto 
 
 iviu Nit If ALITIES. 
 
^ 
 
 MUNICIPALITIES, 
 
 XVIII. And be it enacted, That — 
 
 Firstli/. Municipal Corporations in this Province may 
 subscribe for any number of shares in the Capital Stock 
 of, or lend to or guarantee the payment of any sum of 
 money borrowed by the Company from any Corporation 
 or person, or indorse or guarantee the payment of any 
 Debenture to be issued by the Company for the money by 
 them borrowed, and shall have power to assess and levy 
 from time to time upon the whole rateable property of the 
 Municipality a sufficient sum for them to discharge the 
 debt or engagement so contracted, and for the like purpose 
 to issue Debentures payable at such times and for such 
 sum respectively, not less than Five Pounds currency, and 
 bearmg or not bearing interest, as such Municipal Corpo- 
 ration may think meet. 
 
 Secondly. Any such Debenture issued, indorsed or gua- 
 ranteed, shall be valid, and binding upon such Municipal 
 Corporation, if signed or indorsed, and countersigned by 
 such officer or person, and in such manner and form as 
 Shall be directed by any By-law of such Corporation, and 
 the Corporation Seal thereto shall not be necessary, nor the 
 observance of any other form with regard to the Deben- 
 tures than such as shall be directed in such By Kw as 
 aforesaid. 
 
 Thirdli/. No Municipal Corporation shall subscribe for 
 Stock or incur any debt or liability under this Act or the 
 Special Act, unless and until a By-law to that effect shall 
 Jave been duly made, and adopted with the consent first 
 had of a majority of the qualified electors of the Munici- 
 pahty, to be ascertained in such manner as shall be 
 determined by the said By-law, after public advertisement 
 thereof containing a copy of such proposed By-law, inserted 
 
 liJr ^".''T •'" T^ ^^^'^me, printed within the 
 limits of the Municipality, or if none be printed therein 
 then in some one or more newspaper printed in the nearest 
 City or Tovvn thereto and circulated therein, and also put 
 up m at least four of the most public niar.., in J.i. 
 Municipality. * " ' "* '"'"" 
 
 Fourthly. 
 
 MuniolpatCor- 
 poratioiis may 
 take atock. 
 
 Debenturea 
 issued by them 
 to bn biudiog. 
 
 They cannot 
 subscribe for 
 stock unless 
 By-laws are 
 made for that 
 purpose. 
 
Mayor, Ac, to 
 b« tx officio K 
 
 Diroctor ill cer- 
 tain CMea. 
 
 8e> 
 
 Pou^rtUy. Tho M«yor, Warden or RMve bein, .1.. 
 Heador,„ch Municipal Corporation, .ub-cr-^inrfof .^d 
 Sln'r' " ">" ^•"■"••""y. to .ho «n,ounf of Fivo 
 Th^sand Pound,, or upwards, .hall bo and continue to b^ 
 « ♦■.o ono of tho Diroctors of tho C„„,p„ny, i„ addaio„ 
 10 ho number of Directors authorized by the SnecUl A,T 
 nnd shall have the , an,, rights, po,ver. LddSt'^ 
 01 tho Directors of the Company. ^ 
 
 Sharaliolders 
 
 individually 
 
 liable. 
 
 Stock may be 
 increased. 
 
 Funds of a 
 Company not 
 to be employed 
 in purchasing 
 other stock. 
 
 SHAREHOLDERS. 
 
 XIX. And be it enacted, That— 
 
 Firstly Each Shareholder shall be individually liable to 
 the cred.tors of the Company to an amount em.^l to the 
 amount unpaid on tho Stock held by him for he Ih/. \ 
 liabilities thereof and until M.n 7, ""' '""^ ^^^ ^^^^^ and 
 oi,«iT u V ' " *"° ^^^o'e amount of his Stock 
 
 shall have been paid up; but shall not be liabt to^n 
 
 strhar" ^'°" "" ^^^^"^'^^ «^^'-^ the C mpan" 
 shal have been returned unsatisfied in whole or in Lt 
 
 recoverable with costs agamst such Shareholders. 
 
 frnf r^: ^^" °"^'"^^ ^^P^^^J Stock may be increased 
 from time to time to any amount hnf »» u • '"^"^^^^^^^ 
 be sanntmn..^ K . amount, but such increase mugt 
 
 a vote. '"'^reasod to the amount sanctioned by such 
 
 Plof^t" J" "."'' "' ''' ^°"'P''»y ^''«" "0' be om. 
 
 AcTIONt 
 
Penally on per- 
 ■on« obstruct- 
 iiig free use of 
 Railway. 
 
 if 
 
 ACTIONS FOR INDEMNITY. AND Fm*:S AND PENALTIES 
 AND THEIR PROSifUTlON. "'^^'-^'^^ 
 XX. And be it enacted, Thnt— 
 Mrstly. All suits for indemt.ity for nnv damn,r« «- • • 
 
 •ustained by reason of the Rl.lvvav shaTr ^"^"'^ '''T"''''" «' 
 within mir L\.r,A . '^""^^"y' ''"a" be instituted "•'»"••• for 
 
 MuZLT^ '"°"'*'*' "'^^ "**«»• '»^° ^'"^0 of such '""'«"• 
 
 •upposcd damage sustained, or u there shall bo continuation 
 of damage, then within six calendar months next Tft r Z 
 
 auerwards; and the Defendants mnv riend dL „«« 
 
 matter ,n evidence at nny trial to bo had ther.unon „„H 
 
 authority of this Act and the Special Act. 
 SecoruUy. All persons by any ineananr ;« 
 
 or «.y „ha..„over, oh,true'ti„/or i^n; ;2 r:: 
 
 of.heRa.lway,or the carriages, ve.sols,e„,fi„e° „o,h!! 
 
 wor^, .ncdental or relative .hereto, or cotlneccthe^wUr 
 
 hall, for every such ollence, be deemed guilty JT2 
 
 thereto, or connected therewith or ^ ''". "' 
 
 hunor .iachief, or ^^t^Z^Z^J^Z^ 
 interrupting the free use of the Railw,„ , . ,''"'=""? <" 
 or obstructing, hindering or preve"t/'th ""™*' 
 
 completing, .upporti„g\nd',:::„tfi4'\,'=rst::' 
 
 vessels or works, shall be adiudeed milfv 3. "*'''''*y. 
 
 unless the offence com.itteVlll^lr oltheTS 
 or Law, amount to a felonv m ,U,- u ' 
 
 shal, be adjudged guiu/ta^L te^ t r^c:: b"""!; 
 before whom the person shall bo t^ied d co^vl dX"l 
 nave power and auth'^-*" *-, - - ^""^'ciea, snail 
 
 , - -.-i_ amn..»^. ,0 cuuse sucii person to be pun- 
 ished 
 
 Penally on per- 
 sons damaging 
 Railway. 
 
^"^"^■niwim 
 
 Fines how re- 
 o»Terad. 
 
 Contra ventioni 
 of this Act or of 
 Special Act, to 
 
 be misdemean- 
 ors. 
 
 38 
 
 ished in like manner as persons guilty of misdemeanor or 
 elony (as the case may be) are directed to be punished bv 
 the laws in force in this Province. 
 
 Fmrthhj Ail fines and forfeitures imposed by this Act 
 or the Special Act, or which shall be lawfully imposed by 
 any By-law, the levying and recovering of which are not 
 particularly herein directed, shall, upon proof of the offence 
 before any one or more Justice or Justices of the Peace for 
 the District, County or place where the act occurred, either 
 by the confession of the parties, or by the oath or affirma- 
 tion of any one credible witness, which oath or affirmation 
 such Justice or Justices is or are hereby empowered and 
 required to administer without fee or reward, be levied by 
 distress and sale of the offender's goods and chattels, by 
 Warrant under the hand and seal or hands and seals of 
 such Justice or Justices ; and all fines, forfeitures and 
 pena.ties, the application whereof is not hereinbefore 
 particularly directed, shall be paid into the hands of the 
 Tre.sarer of the Company, to be applied to the use thereof, 
 and the overplus of the money so raised, and after deducting 
 
 thereof, shall be returned to the owner of the goods so 
 distrained and sold ; and for tvant of sufficient goods and 
 
 off! d ^Tk' '' '''' '""^ '''' P-^-^^^y -d -4ense, the 
 offender shall be sent to the common Gaol for the Cointy 
 
 or District in which he shall have been convicted, there to 
 
 remain without bail or mainprize, for such term not 
 
 exceeding one month, as the Justice or ^stices shalTihinl 
 
 p oper, ,, ,he penalty or forfeiture, and all exp uses 
 
 a tending, the same, shall be sooner paid and satisfied ; but 
 
 momhs at T" "• '""" "^^' ^'^''^ f-^ -^-d- 
 Court of r/ the conviction, appeal against the same to the 
 Court of Geneml Quarter Sessions, to be holden in and for 
 the County or District. 
 
 Acffft ^n '^"^^^^^"t^'^"^ «f this Act or of the Special 
 Act by the Company or by any other party, for which no 
 punishment or penalty is herein provided, "^.'hall be a Mis- 
 demeanor, and shall be punishable accordingly, but sTh 
 punishment shall not exempt the Company, If they be t^e 
 offending party, from tho forf-'turc hv -- / 
 
 - - — i^rk,iare Dy ima Act ana the 
 
 Special 
 
99 
 
 ?ctf !A''' t'^" P''"''^'' ''""^''''^ °" ^1^^"^ by the said 
 Acts, if by the provisions thereof or by law thJ 1 T 
 
 forfeited by such co.Uravention ^ ' ' '^'"' ^" 
 
 and shall be kept m the office of the Company and a 
 pnmed copy ofao much of them as may relafe to^^^ alt 
 
 as any change <f, X^tnlhl", hrmreToVjr 
 and any copy of the same or of any of them cenifieH » ' 
 correct by the President or Secretary Iha^' h!. . 
 authentic and shall be received as eW^l'ente he oft^y 
 Court, without further proof: Provided noverthelelstha. ^n 
 such By-laws, Rules and Orders shall bes bml^ fom 
 
 termg the Government of tliis Province, for approval. 
 
 SevcntUy. That copies of the Minutes of proceedings and 
 resolutions of the Shareholders of the Company aT any 
 
 aSo:tir:;\n;:etrat::^r\"'-~'- 
 
 .om the Minute-books Cb^'hltcr ^S' ttcr 
 pany, and by him certified to be true conies L,LTa, 
 such Minute-books, shall be ,„W /Zl; ce ^ 
 
 By-Iawa to b» 
 put iutowriting^ 
 and Bijiriied bjr 
 Chairmiu. 
 
 ProviwK 
 
 Copies of 
 Minutes to tm 
 prima fact* 
 evidence. 
 
 WORKING OF THE RAILWAY. 
 
 XXI. And be it enacted, That— 
 
 ^rs%. Every servant of the undertaking employed in « , 
 apassenorer train or af cf^,HVv^. r "^ "l^iuyea m Serrants to 
 
 unon hi= K r ' ^°' passengers, shall wear wearbadg... 
 
 upon his hat or cap a badge, which shall indicate his 
 ffice,andhe shall not without such badge be en^hled^ 
 <le..««u ur receive irom any passenger any fare or ticket, 
 
 or 
 
 1^ 
 
40 
 
 M.'iS ■•'"«! 
 
 [i?l 
 
 Trains to start 
 at public hours. 
 
 Ciiecks to be 
 fixed on parcels 
 
 Baggage cars 
 not to be in 
 rear of passage 
 cars. 
 
 Locomotive to 
 be furnished 
 with bells or 
 Bt«am whistlee. 
 
 or to exercise any of the powers of his office, nor meddle 
 or^interfere with any passenger or his baggage or pro- 
 
 Secor^ly The trains shall start and run atreg^>lar hours 
 to bo fixed by public notice, and shall furnish sufficient 
 accommodation for the transportation of all such passen- 
 gers and goods as shall within a reasonable time previous 
 thereto be offered for transportation at the place of starting 
 and at the junctions of other Railways and at usua 
 stoppmg places established for receiving and discharging 
 way-passengers and goods from the trains, and such pas 
 
 o?r.1'ii '^""^""^ '° '"'^ ^'""'''^ °" '^' d"« payment 
 of the toll, freight or fare legally authorized therefor, and 
 
 the party aggrieved by any neglect or refusal in the pre- 
 mises, shall have an action therefor against the Com- 
 pany. "* 
 
 TMrdhy. Checks shall be affixed by an agent or servant 
 to every parcel of baggage having a handle, loop or fixture 
 of any kind thereupon, and a duplicate of such Check shall 
 be given to the passenger delivering the same; and if such 
 Check be refused on demand, the Company shall pay to 
 such passenger the sum of Two Pounds, to be recovered in 
 a civil action ; and further, no fare or toll shall collected or 
 received from stich passenger, and if he shall have paid his 
 fare the same shall be refunded by the Conductor in charge 
 01 the train; and any passenger producing such Check, 
 may himself be a witness in any suit brought by him 
 against the Company, to prove the contents and value of 
 ot his baggage not delivered to him. 
 
 Fourthly. The baggage, freight, merchandize or lumber 
 cars shall not be placed in rear of the passenger cars, and 
 ifanysm.h be so placed, the officer or agent directing or 
 knowingly suffering such arrangement, and the conduc 
 tor of the tram, shall severally be deemed guilty of a 
 misdemeanor, and be punished accordingly 
 
 Mft/Uy. Every locomotive engine shall be furnished with 
 
 !nH h K T\^''^ P"""'^^ ^'^^^^^' °^ ^ «^«arn whistle, 
 and the bell shall be rung, or the whistle sounded at the 
 distance of at least eighty rods from every place where the 
 
 Rail 
 
 way 
 
41 
 
 Raihvay shall cross any highway, and kept rin^in^ or 
 be sounded at short intervals, until the engine shall have 
 crossed such highway, under a penalty of Two Pounds for 
 every neglect thereof, to be paid by the Company, who sliall 
 also be liable for all damages sustained by any person bv 
 reason of such neglect, one half of which penalty and 
 damages shall be chargeable to and collected by the Com- 
 pany from the Engineer having charge of such engine 
 and neglectmg to sound the whistle or ring the bell as 
 aforesaid. 
 
 ^Sixthly. Passengers refusing to pay their fare, may, by 
 the conductor of the train and the servants of the Company, 
 be, with their baggage, put out of the cars, using no 
 unnecessary force, at any usual stopping place, or near any 
 dwelling house, as the conductor shall elect, first stopping 
 the train. • ' fr s 
 
 SeveMMy. All persons in charge of a locomotive engine 
 or acting as the conductor of a car or train of cars, who 
 shall be intoxicated on the Railway, shall be deemed guilty 
 of a misdemeanor. ^ ^ 
 
 Eighthly. Any passenger injured while on the platform 
 of a car, or on any baggage, wood or freight car, in violation 
 of the printed regulations posted up at the time in a 
 conspicuous place, inside of the passenger cars then in the 
 r.in, shall have no claim for the injury, provided sufficient 
 room mside of such passenger cars, sufficient for the proper 
 accommodation of the passengers, was furnished at L 
 
 Passengers re- 
 fusing to pay 
 fare may be 
 
 put 041t. 
 
 Intoxicated 
 conductor of 
 locomotives. 
 
 Passengers to 
 have no claim 
 if injured when 
 on platform of 
 cars, (&c. 
 
 GENERAL PROVISIONS. 
 
 XXII. And be it enacted, That 
 
 execmion of any trust, whether express, implied or construe- "-"--a !<,>«. i 
 
 .n the Books of the Company, or if it stands in the name 
 
 nameTin'tr^H '," °"? ""e receipt of one of the parties 
 named m the Register of Shareholders shall from t me to 
 
 time be a sufficient dischar»-« ,« ,),. r, " ' 
 
 dividend or other sum of ^^ .^^^l^^o^^^Z 
 
 ' share, 
 
m 
 
 '\i 
 
 42 
 
 share, notwithstanding any trust to ^hich the share may- 
 then be subject, and whether or not the Company have had 
 notice of the trusts, and the Company shall not be bound 
 to see to the application of the money paid upon such 
 receipts. 
 
 thrc'alXl'^of ^''""^^y^ ^^^^ Majesty's Mail, Her Majesty's Naval 
 Her Majesty's ^^ Military Forces or Militia, and all artillery, ammunition, 
 Mail, &c. provisions or other stores for their use and all policemen, 
 constables and others travelling on Her Majesty's service, 
 shall at all times, when thereunto required by Her Majesty's 
 Provincial Postmaster General, the Commander of the 
 Forces, or any person having the Superintendence or 
 Command of any Police Force, and with the whole 
 resources of the Company if required, be carried on the 
 Railway, on such terms and conditions, and under such 
 regulations as the Governor in Council shall make ; and 
 the Company may be required by the Governor, or any 
 thereunto authorized by him, to place any Electric Tele- 
 graph, and the apparatus and operators they may have, at 
 the exclusive use of the Government, receiving thereafter 
 reasonable compensation for such service ; provided that 
 any further enactments which the Legislature of this Pro- 
 vince may hereafter make, for the carriage of the Mail or 
 Her Majesty's Forces, and other persons and articles as 
 aforesaid, or t!fb tolls therefor, or in any way respecting 
 the use of any Electric Telegraph or other service to be 
 rendered to the Government, shall not be deemed an 
 infringement of the privileges intended to be conferred by 
 this Act or the Special Act. 
 
 Thirdly. A true and perfect account of the names and 
 places of abode of the several Shareholders shall be kept 
 and entered in a Book to be kept for that purpose, as well 
 as of the several persons who shall from time to time 
 become proprietors of, or entitled to any shares therein, 
 and of all the other acts, proceedings and transactions of 
 the seid Company and of the Directors from the time 
 being. 
 
 Fourthly. A Map' and Profile of the completed Railway 
 and of the land taken or obtained for the use thereof, shall, 
 
 within a i*esi.9onabl'» ♦itvio "A-^w ^nr»^— i^*: — -r ji.- j 
 
 T. -viiii. ^ »t»ov.j«uiv kiixxv uiiu* vvriiipiciiuii VI iu6 linuer* 
 
 taking 
 
 Account of 
 names and re 
 sidence of 
 Shareholders 
 to be kept. 
 
 Map, &c., of 
 Railway to be 
 filed in the 
 
 *^v«i u ui T T urn* 
 
 Office. 
 
4S 
 
 tnking be made and filed in the office of the Commissioners 
 of Public Works, and also like maps of the parts thereof 
 located in different Counties, shall be filed in the Registry- 
 Offices for the Counties in which such parties shall be 
 respectively ; and every such Map shall be drawn on such 
 a scale, and on such paper as may from time to time be 
 designated for that purpose by the Chief Commissioner of 
 Public WorkPj and shall be certified and signed by the 
 President or Engineer of such Corporation. 
 
 Fifthly. An account shall be annually submitted to the 
 three branches of the Legislature, wiihin the first fifteen 
 days after the opening of each Session of the Provincial 
 Parliament after the opening of the Railway or any part 
 thereof to the public, containing a detailed and particular 
 account, attested upon oath of the President, or Vice- 
 President in his absence, of the moneys received and 
 expended by the Company, and a classified statement of 
 the passengers and goods transported by them, with an 
 attested copy of the last annual statement ; and no further 
 provisions which the Legislature may hereafter make with 
 regard to the form or details of such account, or the mode 
 of attesting or rendering the same, shall be deemed an 
 infringement of the privileges hereby granted to the Com- 
 pany. 
 
 Sixthly. If the construction of the Railway shall not have 
 been commenced, and ten per cent, on the amount of the 
 Capital shall not have been expended thereon, within three 
 years after the passing of the Special Act, or if the Railway 
 shall not be finished and put in operation in ten years 
 from the passing of such Special Act as aforesaid, its cor- 
 porate existence and powers shall cease. 
 
 Seventhly. The Legislature of this Province, may from 
 time to time reduce the tolls upon the Railway, but not 
 Tvithout consent of the Company, or so as to produce 
 less than fifteen per cent, per annum profit on the Capital 
 actually expended in its construction ; nor unless, on an 
 examination made by the Commissioners of Public Works 
 of the amount received and expended by the Company, 
 the net income from all sources, for the year then last 
 
 passed, 
 
 Account to bo 
 submitted to 
 Legislature. 
 
 H 
 
 Ten per cent. 
 to be paid 
 within three 
 years from 
 passing of Spe- 
 cial Act. 
 
 Purliament 
 may reduce 
 tolls on Rail- 
 ways. 
 
 N 
 
ii 
 
 An to good» of 
 ■ dangerous 
 nature. 
 
 Forging De- 
 bentures. &c,. 
 deemed feloiiv. 
 
 Company 
 bound to make 
 and repair 
 ftnces, roads, 
 
 &c., In L. C, 
 ecc. 
 
 i4 
 
 farth, oil of vitriol gunpowder lurifpr^ .u ^ """^ '^^^ 
 
 left at the time of slldtX^, T '1°" "^^ '^"«'^" 
 .0 the Company I sut'o^F ^Ct 'r^ ' '°t'' 
 every such offence ; and it shall be awj^for t^r*^ ' 
 to refuse to take anv r.a«i "* Company 
 
 suspect to coltZr„faTa„" '"'"' """ *^^ ""y 
 the same to be open^dt Z^rZlT'^' " "'"^* 
 
 ^«.w. The 0™:^,^"^^^^^^^^^ 
 
 all fences, roads and water conrees anT h. ?• "**" 
 municipal regulations and provS ?n „ '"T ** "" 
 or for lands belonging to TheTby JS *?"' *? 
 subject to any such re£rul«ti«„= 7 Company, and 
 municipal or\oc.l Z't':2 " '" f-y.'"-?-- P«W*^ 
 Parish or Township i„ Lo^TcTZ.^i '" T^ ^'""'• 
 Railway shall pass and ,^ ?^ *'°"'S'' ^^ch lh« 
 «r oonLenion therlf b??^'""'^"^"''^' » <"*"« 
 Officers of the Muh'Sh'^ 'S't'T'"-'^ *' 
 Court or Circuit Court with „«.!' *,• ^°"""'*'»"«* 
 such fe„ce, road or waterlr ^ stllZanTr °' *"'*, 
 the Summons upon any Cert ,7n« ' ? *' service of 
 section of the R^C Jwn th .'" '" *"?' "^ «» 
 tho nearest imt7ZZil^, J»"™toio*, or at 
 upon the ComjCy, **'''™y' "*«" "« 8^ serriee 
 
46 
 
 pZ^T"'- ^""^ ''^-' '^""-y Ac. Shan be a 
 
 1^'miy. The Legislature may at inv .• 
 a^U. any CorporaL formerunde mI aT T"^ " 
 dissolution shall not tak„ „, "".""^ ^ct; but such 
 
 given against any such cJn? 1' ""^!''' ""' """^y 
 Officers or Servanl for »n ,T-^"°": "^ Shareholders, 
 previously fncuTred' ^ '■'"'iluy which shall have been 
 
 -nfa:;t£:5ES^5::^ 
 
 be incorporated. ^"^ ^^''^ ^"* ^« «^ «liaU 
 
 Special Act to 
 wsaPublicAct. 
 
 And may dis- 
 solve any Cor- 
 ('Orporatibn 
 formed under 
 this Act 
 
 Saving of Her 
 
 Majeaty's 
 
 Rights. 
 
 Interpretation. 
 
J; 
 
 
 ¥B«| 
 
 
 
 i 
 
 km... 
 
 
AN ACT 
 
 T« IITCORPORATX TH« 
 
 TORONTO & GUELPH RAILWAY COMPANY. 
 
 80th AvLgxmt, 1851. 
 
 WHEKEA8 the persons hereinafter mentioned, together with Preamble. 
 others, have, among other things, petitioned for the revival 
 of the Act passed in ihe Session held in the tenth and 
 eleventh years of Her Majesty's Reign, and mtituled. An 
 Ad for ivmrporating tU TororUo and Goderich Railway 
 Company ; And whereas it is fepedient in part to grant the 
 prayer of the said Petitioners in so far as to incorporate a 
 Company to construct a Railway from the City of Toronto 
 to the Town of Guelph, under the provisions of the Railway 
 Clauses Consolidation Act: Be it therefore enacted by ♦he 
 Queen's Most Excellent Majesty, by and with the advice 
 and consent of the 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 
 Britam and Ireland, and intituled, An Act to re-unite the Pro- 
 mnces of Upper and Lower CanaM, and for: the Governmeni 
 (f Canada, and it is hereby enacted by the authority of the 
 same, That from and after the passing of this Act, John 
 Arnold, John G. Bowes, A. M. Clark, William Clarke, 
 James Colton, John Fiskin, William Charles Gwynne 
 George Herrick, James Hodgert, John Holmes, William' 
 I' ^°^,^*°^' San^uel Peters Jarvis, John McDonald, Samuel 
 Smith, John Smith, James McGill Strachan, James Webster, 
 Ezekiel F Whittemore, Frederick Widder, and George 
 Wnght, Esquires, together with every person who has 
 already under the provisions of the first above recited 
 Ac. oecome a subscriber to, or has agreed to become a 
 
 Shareholder 
 
 t il 
 
 
 r!l 
 
 Name of** The 
 Toronto and 
 Guelph West- 
 em Extension 
 Railroad Com- 
 pany." 
 
 rx 
 
Payments 
 tnaide before 
 the passing of 
 this Act 
 
 1 
 
 V: 
 
 1 
 
 1 
 
 11 
 
 .! 
 
 ^m. 
 
 1 
 
 Capital 
 £250,000 di- 
 vided into 
 share; of five 
 pounds each. 
 
 4b 
 
 fiharoholder in the Railway by the said Act authorized to 
 be constructed, and who shall, within three months from 
 and after the passing of this Act, express his desire, in 
 writing, addressed and delivered to the Secretary or to the 
 Directors, or to any of the Directors of the Company 
 heremafter named, to have the amount, or any part of the 
 amount so by him subscribed for the purposes of the said 
 Act, transferred to the purpose of constructing the work in 
 this clause mentioned, and also together with such other 
 Persons, Corporations, or Corporation, as shall, after the 
 passing of this Act, become Subscribers to and Shareholders 
 m the Railway in this clause mentioned ; and their several 
 and respective successors, executors, administrators and 
 assigns, shall be, and they are hereby declared to be united 
 into a Company for making and maintaining, and they are 
 hereby authorized and empowered to make and maintain, a 
 ttouble or Single Line of Railway, with the other works 
 necessary therefor, extending from the waters of Laka 
 Ontario, within the limits of the City of Toronto to the 
 lownof Guelph, in the County of Waterloo, and for that 
 purpose shall be one Body Corporate, by the name and 
 style of « The Toronto and Guelph Railway Company " 
 and by that name and style shall have perpetual succession, 
 and shall have a Common Seal, and by that name shall and 
 may sue and be sued. 
 
 II. And be it enacted, That all persons who, prior to the 
 passing of this Act, have made any payments in respect of 
 the Shares by them subscribed for in the said Toronto 
 and Goderich Railway Company, shall be entitled to receive 
 credit therefor upon such Stock as they shall respectively 
 transfer as aforesaid, under the provisions of this Act, in the 
 same manner as they would have been entitled to such 
 credit upon the Stock by them respectively subscribed for 
 in the said Toronto and Goderich Railway Company. 
 
 III. And be it enacted, That it shall and may be lawful 
 for the said Toronto and Guelph Railway Company to 
 raise and contribute among themsel.es. in such proportions 
 as to them shall seem meet, a competent sum of money for 
 the completion of the said Railway from the City of 
 Toronto to the Town of Gueloh, nnd fnr the. u*:.^ „f 
 
 the 
 
it authorized tu 
 ^e months from 
 
 his desire, in 
 •etary or to the 
 
 the Company 
 ny part of the 
 les of the said 
 ig the work in 
 ith such other 
 hall, after the 
 d Shareholders 
 d their several 
 inistrators and 
 ed to be united 
 
 and they are 
 nd maintain, a 
 i other works 
 aters of Lake 
 'oronto to the 
 , and for that 
 the name and 
 y Company," 
 lal succession, 
 ame shall and 
 
 o, prior to the 
 } in respect of 
 said Toronto 
 led to receive 
 1 respectively 
 is Act, in the 
 itled to such 
 ubscribed for 
 mpany. 
 lay be lawful 
 !Jompany, to 
 h proportions 
 of money for 
 the City of 
 
 49 
 
 -hall notcxcood tL Z j T .l "T" '" '" ™"''' 
 Thou d p ,, _:; ,:^.,^- j^-n^^e^ «»a Kif., 
 
 present Session, with rcsDec.!^hr "^ "^ ''"""« "'o 
 Iburthclausesther of Id' 1 I "' ''^°'"'' """' '""' 
 saidlastmentioned Ae, with "■"-•""■"•'«'«"«» «f'ho 
 " Incorporation," .^Pow! ','Tp '" " '"'"P-'-i"...- 
 "Lands and ,„eir vaCtZ,'" >' hT """ ,^''""''" 
 " Fences," " Tolls." 'r , . ^''^'^ »»'' B">ig<»," 
 their eleition and duties -"sl, ^'n"''" ""'''""''• 
 their tr«,sfer,- " tMu c ^ahties "' .taT 'h 'n""^"'"'' 
 tions for Indemnity and fi ■ *'""*'>''l''"s," "Ac- 
 
 ' prosecution," " wlrkin If T «1 "'""'"^^ ™' ">-' 
 
 : p^vis^n. shai, hixr::^^: r ""-"-' 
 
 C[ark,Wi„ia»C,ar,<e,J.„.esclho„ ^i^nK^rVm*'- 
 Charles Gwynne, George llerrict J„„„ vl' "'"" 
 
 Holmes, William P. (lowland S, Z ='"''' ■'"'''" 
 
 McDonald, Samuel S^^'jITs, ^:'",' ''''''' ''''^'' 
 
 Strachan, Ezekiel F WK., ''' '"""'' ^cGill 
 
 W VvUster, ™ George w::r;\ ''"^'"'•'\ '^""'•■' 
 Provisional Directo.sfor?„„ ^ ' ^""'''' *■"•" ^ "'« 
 purposes of this TcT ^'"^ '"'" '^"^ ""» '">J^-' ""d- 
 
 VI. And be it enacted Thn^ ♦!.« i 
 
 which each ShareholdertTh! , ""',"''" ""'"'^^ '» 
 eatitled,oneveryoccJso„ .! ?'^r"'''""'"■"S ^''°'' '><' 
 of the said Toromo anTGuthRa",'^'''" /"- '^I™'-" 
 be given, shall be in .hp nroi^l ; r^- ^•'"'''=">- »''<= «» 
 of Shares held bv h m thT ^ """'^' ">">-""n<l«r 
 Share, .wo Vo.e^ Z' lie Z T ""' ^°"' ^"'^ ""<• 
 Shares, four ^Totes f". tl^T' "''-,->^'"os for ten 
 
 V.efor every twenty additirtr"" ""^""^'"■°-»' 
 
 .0 the alitlm^t'^?:''''.' "'-•'"'• - -nas Shares 
 
 M;e Capita, storoVZ™;-:;:;^^^^^^^^ •'°"-' 
 
 a^Jd ten ger cent, thereon -' " ■ ^ 
 
 EnactnionlN 
 incoriwraleii 
 with ihia Act. 
 
 Who shall Ixt 
 the Provisioiiul 
 i)ircctor8. 
 
 Nujiiber of 
 votes to wliioh 
 the sharehoM. 
 ers shall be 
 entitled. 
 
 Shall have bf'cn paid in, it shall 
 
 be 
 lanful 
 
 Wlien the Pro. 
 visional Direc- 
 tors shall call a 
 
 meeting at To- 
 ronto for the 
 purpoie of 
 electing Direc 
 tors. 
 
 iV 
 
 
w '• \ 
 
 m 
 
 hi' 
 
 ii; 
 
 Bf i 
 
 Profli 
 
 no. 
 
 Proviso. 
 
 Directors so 
 elected to rc< 
 tiiiiin in office 
 until the first 
 Monday in 
 June following 
 
 A general 
 meeting to be 
 held on the first 
 Monday in 
 June, &c., in 
 each year, to 
 choose Direc- 
 tors. 
 
 A special ge- 
 neral meeting 
 may bo called. 
 
 50 
 
 lawful for the said Provisional Dirrctors of iho said Com- 
 pany, or the Survivors of them, to call a Hieting at fho 
 City of Toronto of the Holders of such Shares, for th« 
 purpose of electing Directors: Provided always, that if the 
 said Provisional Directors, or the Survivors of them, shall 
 neglect or omit to call such Meeting, then the same may- 
 be called by any ten of the Holders of Shares in the said 
 Company, holoiug among them at least One Thousand 
 Shares : And provided always, that in either case, public 
 notice of the time and place of holding such Meeting, shall 
 be given during one month in two of the Newspapt>r« 
 published in the said City of Toronto ; and at such General 
 Meeting, the Shareholders assembled, with such proxies as 
 shall be present, shaJl choose Thirteen persons, being each a 
 Proprietor of not less than Forty Shares in the said under- 
 taking, to be Directors of the said Company, 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. ' ,;■ 
 
 VIII. And be it enacted, That the Directors so elected, 
 (or those appointed in their stoad in case of vacancy) shall 
 remain in oflice until the first Monday in the month of June 
 next following ; and that on the first Monday in June, and 
 on the first Monday in June in each year thereafter) or on 
 such other day as shall be appointed by any By-law, an 
 Annual General Meeting of the said Proprietors sliall be 
 held at the Office of the Company for the time being, to 
 choose Directors in the room of those whose period of office 
 shall have expired, and generally to transact the business 
 of the Company ; but if at any time it shall appear to any 
 ten or more of such Shareholders, holding together one 
 thousand shares at least, that a Special General Meeting of 
 Shareholders is necessary to be held, it ^hall 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 afore- 
 said, or in such manner as the Company shall by any 
 By-law direct or appoint, specifying in such notice the time 
 and place, and the reason and intention of such Sneclal 
 xMeeting respectively ; and the Shareholders are hereby 
 authorized to meet pursuant to such notices, and proceed to 
 
 the 
 
.11 
 
 .1,, ox.cu.io„ of ,1,0 ,„„.„ bj. ,„i. Ac, given .hem, whh 
 pj.-: .o .1,0 ,„aU„r, » ,p«.f„., o„,y, „^ .„ ,„^^ ;^,^ ^ 
 n e Sharoholdor, or the ,„.j„riiy „f ,hem, ul .uch Special 
 Mcc..,„g, „,so,„Ll..d, .sucl, ,„ajo,i.y not having, either .. 
 l.rn,c,,,. » or proxi,.,, |e»s than One Thousand Share., .hall 
 .e a, vahd ,0 all ,n.c„„ and purposes, a. if the same were 
 done at Annual Mectinge ; ,„d any Meeting of the Kiid 
 I),rce,or» at which not lo» than .even Directors shall bo 
 present, shall be a qnorum, and shall be competent to use 
 .".. exorce all and any of the po»e„ hereby vested in the 
 sfxid Directors. 
 
 IX. And be it e_„acted, That the Guage to be used on 
 the sani Ba.lway shall be five feet six inches, and neither 
 more nor Jess. 
 
 X. And be it enacted, That the Slock to be subscribed 
 for by Municpal Corporations shall be represented by the 
 Mayor, Warden or Reeve, from time to time being, of such 
 rospecuve Mun.c.pal Corporations subscribing to the said 
 Railway, and that such Mayor, Warden and Reeve respec- 
 tively shall be entitled to vote upon all occasions in respect 
 of the Stock subscribed for by such respective Munidpal 
 Corporations in proportion to the amounts so subscribed 
 for, and shall be eligible as Directors of the ^aid ConiDa^ r 
 m respect of such Stock, in addition U prov.sions'of th; 
 Railway Clauses Consolidation Act 
 
 What tliall bo 
 the Quorum at 
 any mooting of 
 (ho Directora. 
 
 Gaagre (o b« 
 uflod on Aail. 
 way. 
 
 Tho stock to 
 be subscribed 
 for by Munici« 
 pai Corpora- 
 tions to be re* 
 presented by 
 theMayor.dK!.; 
 
 Who shall be 
 entitled to vote, 
 and be elig-ible 
 as Directora. to 
 a certain ex- 
 tent. 
 
 K