IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 1.25 ;|iiiiiM ^ 1^ ilM |||l|2.2 12.5 2.0 III— U 11.6 V] <^ /^ .^1 o 7 M Photographic Qr«ionr«oc Corporation \ 4v ^Q> V •N? 1; \\ ^ -- ^^ % " s« h persons a3 he might be directed to convey them to by the Lieut. Governor in Council. On the 4th April, 1853, an Act was passed by the Legislature of Nova Scotia which is hereby attached : On 10th Jane, 1854. Hon. James McNab. with the consent of the Provincial 90 Govelent convey;d to 'the Inland Navigation Co"pany. all the lands wh.^ had been conveyed to him by the Deed from Nuvting. and the Deeds from the Sheriff. On 30th April, 1860, the Inland Navigation Company mortgaged all their lands to George H. Starr. John Stairs and Martin Pinkney Black for £1 .000. On 1st Sept., 1860, the Inland Navigation Company mortgaged the same proper- ties to the same parties for £15,000. These mortgages were made in pursuance of powers given by Statute and after reciting the same. ' On the 19th of February. 1862. a certificate was given by the Provincial Govern- .ent thalthe Inland Navigatln Company had complied with the ^-^ZZt^:!^ the deed which transferred the property to them by completing a water -^^^ between the Harbor of Halifax and the Basin of Mmas, and declaring that the above property was free from any claim on the part of the Government. In point of fact, the Canal had been then completed. .,»»1* *i^^;W 'O.V'^^-^t^iW!^ \ •nio mortsftgea. by tbe Inland Nayigation Comp «y t. Starr. Stairs and Black, were foreclo^d and .old, and the property conveyed by the Sheriff of Halifax County to Samuel Gray and John Stair., I8th Jane. k862, and these person, on 9th December. 186 dtlare/.hat they held .he property in trust for 'fhe La'.e and River Nav.gat.on Company, to which Company tuey conveyed on 1st May. 1867. 1%. Company wa. IZIa underaStatututeof the Province called "An Act for the I-orporaUon and UO M'inding up of Join* Stock Companie.," the declarr.tion ot the shareholders, and otaur documents, pwaminary to ibe organization forming p-rt of the case. The Lake and River Navigation Company conveyed ail the property to Lewis P. Fairbanks, by Deed of April lit, 1870. On the 3i,t May, 1876, T^wis P. Fairbanks as.igne4 under the Insolvent Act of 1875 to the Plaindff and Appellant, who afterward, became creditors as-.^.e. of h.s .0 estate and cffec«^^«. The Deed from Richard Tremuine to the SUuoenacadie Canal Company of kSth * 1 A1« „a»e 82 conveys the land on either eid^ of :he stream, and lecognues the tT,u. . •:;-»».»<' "^«* «- --^^* "'*« °«'^°' K..»^ J. ■!■--- '^« already referred to. The Deed from the Ex3cu.^rof Hartshcrne to H..bin, dated 23rd May. V ,..ge 83 .hews that on the Kobin lot, referred to in the evidence, and a.so the bcu« occupied under lease by Stanford under whom Defendant claims, a reservation of the stream .as rl The same circumstance appears from the Deed. M.tchell to Stan.ord of 1st Tune. 1847. in .Nation to the Hobin lot being the adjoining lot to th« one lu d.spu e. Mi.ciell Saving acquired i^ from Hobin subject to the same rest.-vaiion .see page 85). « S nford afterwards acqui.eJ it and occupied it (line 8 V.) The conveyance, to F loon and the agreement between Falconer and the Inland Nav.gati.^ Company (^ re 8 -«8) convened the rights to the locus which he had derived f.om Hartshorne 130 I'd secured the right to that Company to buUd and conU-.e tJ.e dam referred to m the evidence, lifcc. Eeasons in Support of the Appeal. 1st. The Plaintiff proved a documentary title to the locns ; the Defendant failed to prove any such title. 2„^i The Plaintiff also proved prio. possession, which, couoled with his documen- tary title, threw upon Defendant the caus of establishing a title to the locus either by docVments-which he failed to prove-or by possession. In respect c^ the latter claim his defence failed for the following reasons; li» ■H tmamm r\ ■ s* ..*-^-^--#-^.-ft» ^- SfKm'i^^'S^^^i #' •v.. t '-■> i- \i' -• V. "t;-": >, ■( .J ,... f- - --i :v. ' ■ -i- f ■■ i ( / • *fti-- ;v '•* ,.!■>.• ii- 1; J ^v ..T'j.vl /ii .f <;'!•'• ♦ ?•> Y (.-.iismmtm^ymmsumm f,i0m:tMS!m mitmi i uiW '' y>m mti s! m! mm m mt0 tm* MS^MT n in/limwrtft aasmiw^^'-^ fl' (a). Tie did not shew that the Plaintiff ar.J his grantors had been out of possess- 8ion for twenty years before action (8th Oct., 1873), or, in fact, that the possession. under which he claimed was in any way exclusive. (6). The possession of Stanford was that of a tenant, and he paid rent for such possession. (c). Stanford had relinquished his possession after the expiration of his lease, and there was no possession by him or his agent after he moved away in 18o(i.- Defendant was away for three years thereafter, and neither he nor anyone else had pos- session for Stanford then. (d). The possession of Stanford, while he did occupy the lot, on either side of 150 the locus, was quite consistent with the rights of the Plaintihs grantors to the bed. banks and waters of the stream, and the fencing on the road and at either end of the lot, even if made as all.-ged bv Defendant's witnesses, is consistent with the title of the PlainfifFs grantors in the bed, banks and waters -the Deed put in evidence conveyed such lots as he appears to have so enclosed, but with a reservation of all that is claimed in relation to this lot (see line 82 as an illustration). 3rd. There was in Plaintiifs grantors such possession as the Iocms was capable of. 4lh. The Defendant did not controvert the evidence of admissions by Stanford, and the Court bolow erred in disregarding such admissions. 5th. The Court below misapprehended the title of the Plaintiff— the judgment 160 of tne Court is framed to shew that Plaintitf did not derive documentary title from the «' Inland and River Navigation Company." There never was any such Company, and the Plaintiff, therefore, did not claim through any such. The judgment below confuses the Inland Navigation Company and the Lake and River Navigation Company. 6th. The Plaintiffs rights to the possession and his possession of the locus were each sufEcient to enable him to maintain the action, and were not denied in the plead- mgs — GroUo vs Farish, Tho.npsoii's Report (N. Scotia), 292. Churchwardens vs. Vaughun, ',i Russ. & Vhes., 443. Chap. 94, sec. 145, Rev. iStat. of N. aS? , ith series. 7th- The preponderance of evidence as to possession and right of possession in Plaintiff's grantors was so much in favor of Plaintiff that judgment ehould have been in his favor. 8th- The evidence of Defendant's witnesses was contradictory as to the dates of the acts of possession which they testiBed to, and vague and inconclusive as to that possession covering the whole locus. 170 -.•,i*.ii «£«"# -SWSHK?' k t 190 6 9th There was clear evifJence of ihe Plaintiff's grantors having possession i. 1856-Unes 74, 77, 79, 83. 135. U6. 167. 183. 187. 198. 263. 276, 324. 327. Ihts testimony was uncoutradicti)d. 10th. The statements of Stanford were mone than the mere admissions, which the 18« Judge below seemed to regard them, they were disavowals of his having any right or seeking to establish such, and would bind hi. , 11th. The statetaeuts of Staaford to Plaintiff amouBted to an estoppel. 12th Tl* evidence of the Defendant that he kept up the fences until Stanford's death was fully contradicted both by the Plaintiff's witiiesaes and his own.-CLmes 137, 192,383,434.451,462,505,530,589,594. 13th. There was n» evidence of pissession in Stanford f<^r three years after 1856. Defendant was out of the Province during that time and cai.not pretend that he then held for Stanford, and the evidence of the Company's [wssession, referred to m the yth reason is in no other way met (line 363,382). 1 4th. Defeadaut bouglit, with knowledge of Plaintiffs, adverse possession and claim of title. I5th. The evidence .^.f Hendry, which the Judge below considered decisive, was onlv evidence of a. survey, as between Falconer and the Company; r.nd even if it did -..ffe'ct the locus there was no authority shewn in Charles Fairbanks to bind the Company. The line which he ran was the north-west line of the Canal property, as represcrited in I lull's plan. The whole of the disputed land lies outside c t that line and may still have belonged to tl»e Company- The ad.nission. at most, was only an admission that the locus was not ^.i'hin the line on the Hall plan, which did not profess to include all the property which the Company owned, but only their raiin oc "Canal' property, as .UU mortgaged to Dlowers and George. 16th. The Executors of Stanford scera to have been at least doubtful of their testators' title to the locus. Py Mr. Grey's evidence it appears th.it Defendant s Deed includes all Stanlbrd's R^ai Estate, and overs the locus-their advertisement ot the Ileal Estate omitted the locus, and that only, of all the properties mentioned in the Deed, and it pro-'essed to be an advertisement of " the E.tate of the late James fetan- ford." Mr. Gray's evidence seems to be that the propcny of Stanford was the lannery lot and the Ilobin lot merely. 17th The Judge below was mistaken in supposing that the line referred to by Hendry as having been run\)y him was the dividing line between the lot number one and the lot to th^ north of it. The hue which Hendry ran was the line of the property .10 mortgaged by the Shubenacadie Canal Company, und which ran nearly parallel to lUe locus, and could not be the dividing' line. .:,M^||iilifMM ..•,h I i ■> I. ..50 i i ■■ 'J. Hi. .3 ioi I jh^ ABSTRACT. I .\ I i;, '.MiiVJ ' ...5 ■•■:<.) An Act for i creasing the Capital Stock of the Shubenacadie Canal Company, and the number of Shares therein, for conferring further powers on that Corporation, and for other purposes. (Passed 21st day of April, 1837.) Whereas by an Act of the General Assembly of Nova Scotia, passed in the year of our Lord one' thousand eight hundred and twenty-tour, and entitled " An Act to authorize the Incorporation of a Company for making a Canal by the River and Lakes of the Shubenacadie," it was enacted, that whenever a sufficient number of pe^'^ons should have associated themselves together for opening and making a navigable^ cut 10 canal or water communication, between the harbor of Halifax and the Basin of Mines by alone or near- to the course of the river Shubenacadie, and the lakes th^'^of, and shall have agreed to raise sufficient moneys to etiect the same, it should and might be lawfrl for the Governor, Lieuter^nt-Governor or Commander-in-Chief for the time being, at any time within five years from the passing of that Act, by letters patent, unde,- the cn-eat seal of this Province, to make, erect and incorporate, all and singular the rersons who from time to time should be adventurers in or parties to the said un.lertaking, and their assigns, into one body, politic and corporate in deed and in name, unde° the title of "The Shubenacadie Canal Company, and by that name to have succession, to sue and be sued, to have a couunon seal, and to possess and enjoy 20 such r,owcrs with respect to the choice of a president and other officers, makmg by- laws, and regulating the affairs of the said company, as should be expressed in the same letters patent : , . i i.i j- oo„i And whereas, pursuant to the said statute, letters patent, unde." the great seal of this province, and dated the first day of June, one thousand eight hundred and twenty-six, were .luly and in conformity to the said Act made and granted, whereby certain persons, inhabitants of Halifax, particularly named in the said letters patent, and their associates, successors and assigns, were incorporated by the name and title. and for the purposes aforesaid, with a capital or joint stock ordained in the first m- stance to consist of the sum of sixty thousand pounds of lawful money ot Nova bcotia 30 divided into two thousand and four hundred shares, each share being of the sum ot twenty-five pounds; but with power to the said corporation to increase such capita stock to such greater sum as the object of the company might reiiuire ; and the said I corporation. un.U,.r tlie autliority of the sai.l letters patent an.l of the statute aforesaid, tl.on in recited, and under the additional powers and regulations contained in another Act of the General Assembly, passed in the year one tliou-^and eigbt hundred and twenty-seven, entitled " An Act hi addition to the Act entitled An Act to autliori/e the Incorporation of a Company for a>aking a C.nal by the River and Lakes of the Shuhenacadie," and also, under the by-laws and ordinances of the said company, established by a general meeting of the proprietors of the sai.l company held in 40 Halifax on tlie twenty-first day of February, one thousand eight hundred and twenty- eio'ht, and subsequently duly approved of an,l established by tlie then Lieutenant- Governor and His Maji'stv's Council, commenced their said undertaking, an.l con- structed many large and expensive works for the purposes of the said inlaml naviga- tion and proceeded therewith until the cn-l of the year one thousan.l eight hundred and'thirty-one, at an expense lor the said canal works of seventy-two thou and pounds and upwards, exclusive of oth.-r largo sums paid for the purchase of lands for the pur- poses of their undertaking and for the salary of the engineer employed thereon, an.l for other charges thereof; when the fun.ls of the said corporation, d.'nved from the m-ant of fifteen th.,usand poun.ls made by the General Assembly of the province m -.0 aid of the said undertaking, from part ..f the capital stock subscribed for m tnis pro- vince to the extent of seven hundred and twelve shares, from another portion ot the said stock subscribed for in England to the extent of twelve hundred an.l fifty shares, an.l from the loan of twenty thousand pounds sterling, made in aid of the said work bv His Majesty's Government, on the security of the canal, and the tolls and protits thereof, pursuant to an Act of the Imperial Parliament, having become wholly ex- hausted, the said corporation was compelled to suspend all further proceedings m then said enterprise ; and since the said year one thousan.l eight hundred and thirty-one the works and constructions then in progress have remained and yet are unfinished, for want of the necessary funds required for their completion, and for opening th. bU navigation from the harbor of Halifax to the Basin of Mines. And u-hereas, upon a particular survey and examination recently made ot the whole line of the said intended water communication, various alterations have been recommended to be adopte.i in the line and direction thereof, in Hsdepth and width . and in the position, nature and dimensions of the works, as originally designed, whereby the said canal would be rendered more suitable to the purposes for which a o-reat inlan.l water communication through the province, with Its capital, is required and be made more conveniently navigable by steamboats and sea-going vessels ; and plans and estimates have been made for the further prosecution of the said enterprise in an improved mode,an,l by works of a more .Uirable character, and of greater extent 7U and magnitude than were first intended, for the expense of which large a. hlitional funds will be required by the said corporation; and forasmuch as the completing ot . the said enterprise is deemed an object of great public utility and importance, it has therefore become expedient to authorize the said company to extend its present capital stock and nundier of shares, and also to grant unto the corporation certain other an.l further powers and authorities, and make other regulations as hereinafter contained lor facilitating the enterprise and works of the company, and for the more convenient management and cop.luct of its affairs. ,. „.„W-,-sj;:j'..^^.;|..g^^ I bly ina at re ai ti ri ' ,S T,-'J-''--l^X.r- ' *,-*iV-' »#»•.»«»' ••«t*»iw xttji-if 80 9C 1 Be It Iherefore enacted by the Lieutenant -Ga^'ernor, the Cotmcil and Asaevi- lly -(Marginal notes.) Joint stock n.ay l.o increased to £2.50,000 ; proviso ; preamble. 2 Be it fmiher finac/.^i— (Marginal notes.) Board of directors ; preamble. n Be it therefore farther enacfecZ.— (Marginal notes.) Lieutenant-Governor may appoint four additional directors ; vacancies occurring in the Board of Directors, i And he it farther enacted.-iUtivUmal note.) Directors may be re-elected. 5. And he it further enacted.-{M&vgm&\ note.) Omitting to choose directors at annual mooting. ^ .... ^ r_ i j ^„. oi G And he it further nKtc^«^.-(Marginal notes.) Omitting to hold annual ..eneral meeting ; new Board of Directors to be brought into operation. 7. And he it farther enacted.-iMavir\n^\ notion.) Restriction on corporation respecting holding real estate repealed ; preamble. 8. Be it "herefjre .»ac:^«(7.-(Marginal note.) Additiona' powers, authority and privileges conferred on corporation. , . ., i „n And he it further enacted, That all water powers and privil.>ges, and all quantities of water, to be procured by m.ans of any weirs, 10 Andhe U farther enacted, That all such parts of the said nvei btewiacke, the Nine Mile River, or other rivers, creeks, brooks and strea.ns flowing into the river S ubc^acadie on either side, as shall be rendered navigable oy the works of the said ^'npan'shall be and be deemed part and pa.cel of the canal or navigation authorized fn T«^ constructeil by the said corporation. 2 "....« the method now by law provided for enabling the said company to obtain the title and possession of any land or real estate require for th^^^^^^^^^^^ of the said navigation has been found very expensive and inconvenient.-For remedy ^vhereof : ^^ _^ ^^^^^^^^^^^ ,««cf6cZ.-(Marginal note.) Lands ,in vicinity of canal required^y -|;-*;- ^.^^^^, ,,,,,,, _(Marginal note.) Fee simple in lands ^cured. 15'. And he it farther e«ac«« I* WMi l i ir m mM—Mfc diM autliuri..a to 1.0 taken for vesting lan.ls in the said corporation, an.l as fully as if the said thirteenth section v.ere herein repeated for that purpose. , . , . , , ^^ 17. And he if farthe>' enacted.-(^iavghm\ noU^.s.) Vested nght ,n land com- mences wlien award is paid ; preamble. . ,. o t o.«n,.,l 18 /y. ,7 mr///e/'ev(«t7..Z.-(Marginalnotc.; Appropriation, &c., of awai. I. A7ul wlii^rms, by reason of the susp.Mision of the operations of the cou.pany as nfore.salr\ after the choice of the new inen.bers for the Boanl of Directors made at the 1.50 'eneral meeting of the company, held in February, one thousand eight hundred and U i t^^two, to supply the vaelincfes then existing ; and by reason of there havn.g s.n.e en m> annual nixing held for supplying vacancies in the said Wrd, U. ^.rs an^ 1 business of the c.>mpan^ have been sin.e managed by the boan , constituted ot ho f tC continuing and of th.- newly chosen directors, or by such of the latter aa attended tbe nieetin"'s of the said board. l.) ''bo U therefore enacUd, That the Board of Directors of the saul corpora- tion as con.posed of the directors who continued in office on th., Hrst day of Marct., one thousand eight hundred and thirty-two, and of such of tl.e new directors as hen came into ofHcc.rand have since attended the meetings of the board, shall be and be 140 deemed and continue to be the Hnar.I of Directors of the said company, by the stat- ts charter, and by-laws afo e.aid. ProvM, untM the new Board ol Directors .lesi'^ned by this Act shall be established, and all resolutions, orders acts affairs and business, made, transacted or done, or to be hereafter made, transacted o. done, by the sll board, when seven members attended or shall attend diereat, shall bo deemed and be resolutions, orders, acts, affairs an.l busine nade, *™f ^'^^^^^^^^^^^f ^^^^ .^^ board of tlie Shubenaoadie Canal Company, until the new board aforesaid be estab lished. Provided always, that nothing herein contained shall prevent any membei of the existing board from resigning his office at his pleasure. All ACT TO mCORPORATE M mUND NAVIIiATIGil COMPANl (Passed the 4th day of April, A.D. 1833.) Be it enacted by the Governor, Council and Asflembly as follow!, :-— 1. Janus F. Avery, Ar.-irew McKinlay. William Stairs, William B. Fairbanks, William Lawson, David Allison, Lawrence Hartshorne, Thomas Bolton, James Thomp- son, Charles W. Fairbanks, George A. S. Crichton, and all other persons who shall become proprietors in the company, hereby estiV;: hed, their successors and assigns, shall be a body corporate, by the name of " The Inland N 'gation Company." 2. The company may purchase and hold real e»tate, and sell or let the same ; the real estate to be held at any one time not to exceed in value the sum of ten thousand^lO pounds. 3. The capital t^ock of the company shall be thirty thousand pounds, to be divided into one thousand ..nd five hundred shares of twenty pounds each. 4. Any of the persons named hetein, may Immediately after the passing hereof, open a subscription booK for shares, a.id give public notice of the opening ihe'-eof for at least thirty days, in two or more o*' the newspapers published in Halifax ; and no person shall be allowed to take more than twentry-five shares, until the expiration of such thirty days, when, if any uf the shares shall then remain unsubscribed for, any person may subscribe therefor, notwithstanding such person may have before taken twenty-tive shares. 5. As soon as the sum of ten thousand pounds of the stock shall be subscribed for, and one thousand pounds paid in on account thereof, the shareholders may hold their first meeting, and thereat appoint their officers, namely : a president, two directors, an engineer-in-chief, and such subordinate officers as they may deem necessary. H. When the company shall be invested by the Provincial Government, in con- sideration of such sum ut money as may be mutually agreed upon, not to exceed five thousand pounds, with the land, and land covered with water, locks, and other works and appurtenances, formerly belonging to the Shubenacadie Canal Company, or any part that may be required by the company and agreed to by the Government, it shall be law- ful for the company to open and cut a sufficient ct lal or water communication from the 30 waters of the harbor of Halifax through the Dartmouth lakes, so called, the lakes and channels or course of the river Shubenitcadie, or along the sides and banks of such lakes and river to such part of the river between its place of dischuig© in the basin of Minas and the Great lake, and in so doin^,-, to ub«, t'eepen, contract or widen, or otherwise altsr .■.. ^-'/S'-^-M-stjP^,-, 1 ••■ '1 ■ i ! 1 V ^'«'' 1 .u' " : . ;.;!. . ! . 11 iuf' u 50 the channel formerly cut and opened by the Shubenacadie Canal Company, as shall be proper for making a continuous navigable channel or canal for the passage of boats or vessels to and from the basin of Minas and the harbor of Halifax, respectively, and for such purpose to dig, excavate and clear such locks, pits, chambers or basins, and make, build or renew such locks, sluices, wears, dams or embankments, in, over across or upon, the course of such river, or along the sides thereof, or at or near the several lakes or 40 streams connected therewith, as may be necessary for effecting such mland water com- munication, at all such parts of such river, lakes or streams, and in such courses am directions, from one part to another of the same as may be deemed proper, and to bu.Id any slips or lines of railway which may be necessary in the course ot such mland water communication, and to use the channels and waiers of such rivers, lakes and streams, in every way necessary for constructing such inland water communication, and for rendering and keeping the same at all limes navigable and in operation 7. The company .hall have po.>er to make all necessary towing paths or roads along the shore, banks, or .ides of the inland water communication, for the tracking or tOAving boats or vessels along the line thereof 8 rhe inland water communication and towing paths shall, at all convenient times after the construction hereof, be kept open for the use of the public, thei.- boats, vessels, goods, horses and cattle, upon the payment of a certain rate of toll money, to be regulated by the company, and approved of by the Governor in Council, and revised every five jears. 9. Whenever the line of such inland water communication shall be crossed by any public highwav now existing, or hereafter to be by law established, the company, at its own cost, shall be obliged to erect a convenient and substantial bridge for the use ot such highway, to be open to the public at all times. 10 Whenever it shall be necessary in the construction of such inland water com- 60 munication that the company shall be invested with any lands in the line thereof, oi contiguous thereto and no agreement can be made for the purchase thereo,. it shall be lawful for the president and directors to apply, by petition, either in term time or vaca- tion, to any two of the Judges of the Supreme Court, setting forth the nature and sit lation of the lands required, the names of the owners thereof, and praying the conveyance thereof to the company,-whereupon such Judges shall appoint a time and place for considering such petition, and shall direct a proper notice in writing to be served on the owners of the lands, if in the Province, and if absent, to be published for the period of one month, in at least two of the Halifax newspapers, requiring them to attend, either in person or by their agent or attorney, at such time and place ; and in lU case such owners shall attend, the Judges shall require the president and directors o nominate one appraiser, and such owner two appraisers ; and the Judges shall nominate two appraiseis ; but in case such, owners do not attend, the judges shall, on proot ot such service, or publication of such notice, nominate four appraisers, and shall by an order, in writing, direct the said five appraisers to value the lands so required ; and the ap- praisers, having first subscribed an affidavit in writing, to be sworn to before a Justice T»«i .!• .1 .|, ,:.- „ ..H-n. I li ; 't ,. '. '»' ' I ..^ ' n " * ' t J ■ t •u ' i--t. -. > ^ >■• ,i.:' ,- ; '^> n • • ' -'•'' , i . V ♦ I . i ■ ' t I ^ l..<' ► K ' .. ( fHr of the l'e«ce, to be annexed to such order, to the effect that they will faithfully make such appraisement, shall, with all convenient speed, ^oceed to and appraiae such lands, and shall make such appraisement in writing, and return it with such order and aftdavit to the two Judges, who, if they approve thereof, shall confirm the same ; and the com- »U pany, toon paying or tendering the amount of such appraised value, and the expenses o the owners in such appraisement, and registering such order, affidavit, appraisement and confirmation, in the office of the Registrar of Deeds, in the county where such lands he. who is hereby required to register the same, shall be considered the owners of such lands. 11. The company may. from time to time, enter upon any lands not under cultiva- tion, and there cut down any trees, prepare any timber, and quarry and dig any rock or other material^ there found, and work, prepare, and carry away the same for the use ot such inland water communication ; and if the parties having the property m such lands, or materials, shall refuse to agree with the Company therefor, and for any damages oc- casioned thereby, or shall refuse such reasonable compensation as may be tendered 90 therefor, the san^e shall be settled by arbitration, under chapter eighty seven of the Revised Statutes, but the company shall not take or use any such materials as may have been previously wrought or prepared, without the consent of the parties entitled thereto VZ In case any wear or embankment shall be made across the piesent course of the river Shubenacadie below the (ireal lake, the company shall make and maintain a sufficient fish ladder or waste gate, with proper grates and valves, for allowing at all proper seasons the passage of fish up and down such river, the company in respe.^ of making and maintaining such fish ladder or waste gate, to be subject to the rules, fines and forfeitures contained and imposed in and by chapter 95 ot the revised statutes, ' Of ^^^ river fisheries." and all acts in amendment thereof 13. The 'lompany shall not divide over twelve per cent on the paid up cipital thereof, after the payment of the current expenses, but may put the surplus receipts over the above twelve per cent, into a casualty fund until such fund am unts to a sum equal to one forth of th. capital stock of the Company, and which may be invested m such stock or securities as the company muv think fit, and then the surplus earnings of the company, over and above twelve per cent, may be used in the repairing, improving, or extension of the works of such inland water communication 14 No shareholder shall be liable on account of the debts of the company for a greater amount than double the amount of the stock held by him, deducting therefrom the amount paid to the company on account of such stock, unless he shall have rendered 110 himself liable therefor by becoming security for the debts of the company. 15. l-he legislature may, at its option, at any time after twenty years from the passing of this act, take such inland water communication, with all the works and appur- tenances thereof, and keep the same in operatio.i for the be.iefit and under the cont.ol of the government, ou paying to the company a sum equal to twenty years' purchase ot the annual profits divisible upon the subscribed and paid up capital stock of the company, provided such average rate of profits shall not be less than eight per cent. 16. Full and true accounts shall at all times be kept by the directors of the com- t i pany of all sums of mooey received and paid on account of such inland water communi- cation ; and the company shall once in every half year cause a half yearly account in 120 abstract to be prepared, shewing the total receipt and expenditure on account of the said inland water communication for the half year ending the thirtieth day of June, and the thirty first d y of December respectively , under distinct heads of receipt and expenditure, with a statement of the balance of such account, duly audited and certified under the lands of two or more of the directors of thfc Company, and shall send a copy of such . -count to the Provincial Secretary, on or before the last days of August and February respectively ; and it shall be lawful for the governor, in council, if they shall think fit, at all times, to appoint any proper person or persons to inspect the accounts and books of the company ; and it shall be luwful for any person so authorised, at all reasonable times, upon prodflcing his authority, to examine the books, accounts, vouchers, and other docu- 130 ments ot the company, at its principal office or place of business, and to take copies or extracts therefrom. 17. No tolls shall be charged for the conveyance of Her Majesty's mails or of troops, or of troops and munitions of war, over the inland water communication estab- lished by this act. ,~lt4'- <- ■!** *■"• J 9 ^^p CS-A^IPTEIl. 8Q. An Act for the relief of, and in further amendment of the Act to Incorporate the Inland Navigation Company. (Passed the 18th day of April, A. D. 1889.) Be it enacted by the Governor, Council and Assembly, as follows : — 1. The period of fi\e years limited in and by the deed, dated the tenth day of June, in the year of our Lord one thousand eight hundred and fifty-four, from the Honorable James McNab, the then Receiver General for the Province of Nova Scotia, to the above named company, of the lands, lands covered with water, locks, and other appurtenances, formerly belonging to the Shubenacadie Canal Company, for the comple- 10 tion of the canal or inland water communication, for the passage oi boats or vessels to and from the basin of Minas and the harbor of Halifax, respectively, is extended to the further period of three years, to be computed from the tenth day of June, which will l)e ir. this present year of our Lord one thousand eight hundred and fifty-nine. 2. The sum of five thousand pounds, hertofore loaned by the Honorable Provincial Government to the above company, and all interest since accrued thereupon, is remitted to such company, and the directors thereof, and all the property and works of such com- pany, are released from all charge or liability f(.r, or in espect of, such sum and every part thereof, and all interest, as aforesaid. 3. Ihe board of directors of the Inland Navigation Ccnnpuny is authorized to 20 borrow all and everv such sum or sums of money as they may deem necessary, for fin- ishing such canal or inland water communication into the harbor of Halifax, or which they, at any time or times hereafter, may require lor finishing and coinploling the same, and all works and improvements, as aforesaid, which ihey may think necessary therefor, and also for the purpose of paying and discharging all legal and just outstanding claims against the company, either by way of mortgage or preferential stock secured upon the company's property and works, and at and upon ^uch rate of interest as they may be enabled to obtain the same, and that all and every deed, conveyance, or mortgage made and executed by the directors of such company of the property and works of the com- pany, for securing the payment of all and every such sum or sums of monev to be -30 borrowed in the terms of this act, .hall be a good, legal, and valid charge and lien upon such property and works, binding the sume, and every part thereof, from the time such deed, conveyance or mortgage is given, any clause, matter or thing in the said deed from the honorable James McNab to such company, or in the act incorporating such company, or in the several acts thereaftbr passed altering, amending, or in relation thereto, to the .*■- •».. • ;. )■ t. I contrary notwithsti^nding. Provided, however, that no stockholder of such company, or subscriber to such preferential stock, shall be liable for or In respect of such aum or sums of money so borrowed under the terms of this act, or interest to accrue thereupon, for anv further or other or greater sum than the actual amount or sum so taken or subscribed in and to such stock by s.ich stockholder or subscriber, respectively, notwith- 40 standing any act, clause, matter or thing contrary thereto contained in the act incorpora- ting such Inland Navigati.n Company or the several a.;t8 thereafter passed altering, amending, or in relation to such act. 4 The directors of such company shall, at any time, and at all times hereafter, be at libertv to sell and dispo.-. of all or any pa.t of the lands and property contained in the before-mentioned deed, which they may deem not actually required for the due and con- venient working of :ch canal or inland water communic-.ion, anything contained in the before-mentioned deed, in such act of incorporation, and the several acts heretofore mentioned altering, amending, or in relation thereto, to the contrary notwithstanding. 5 The president and any one or more of the Director shall make and execute a 50 bond to the Receiver General of the Province, or to such person or persons as Hei Majesty's Provincial Government shall appoint, binding themselves m a sum equal to that raised by them by any of the mean, aforesaid, to expend all and every such sum m the first instance towards the finishing and completion of the works as aforesaid to the waters of Halifax harbor, and then to the payment of the outstanding debts of the com- pany now or hereafter to be incurred. a^