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Be t^ tiiaciedby the Lieutenant Governor, Council and JiTsemtly, m foUovvs 8ci<:. 1. t||4^ii' associates, successors, and assignn, are hereby niade and conslituted a Rody rolitic and Corporate, by the name of the £uropek.n and Nonh American Rail- way Company; and by that name may have a common seal, and rue and be sued, plead and be impleaded, and shall have and enjoj, .11 proper remedies at law and in equity, to secure and protect them in the exercise of iheir rights and privileges, and to prevent invasion thereof; and may hold lands and goods, and sell, let, assign, mortgage, or convey the same. And the said Corporation are authorized to locate, construct, and finally complete, alter, and keep in re pair a Railway with one or more sets of rails or tracks, with all sitilalde bridges, tun- nels, viaducts, turnouts, culverts, drains, buildings, telegraphs or other signals, and all other necessary appendages, from some convenient harbor on tlio Atlantic coast of Nova Scotia, over the most practicable route, in a line to the northern frontier of this Province, so as best to connect there with a Kailvvay to be con- structed from the wefctern boundary of New Brunswick to said northern frontier, under a charter from the last mentioned Province with the like name as is use<l in this Act, as the Directors of said Corporation shall judge proper. And said Corporation shall be, and hereby are, invested with all powers which may be ne- cessary to carry into effect the purposes of this Act. And for this pur|)ose the said Corporation shall have the right to purchase, or to take and hold, so much of the land and other real estate of private persons and corporations as may be necessary for the location, construction, and convenient operation of said Kail- road ; and to take and use for the construction and repair of said Railroad and appurtenances, any earth, gravel, stone, timber, or other materials on or from the land so taken : Provided, that said land so taken shall not exceed six rods in width, except where greater width is necessary for excavation and embanknitni : And provided also, that in all cases said Corporation shall pay for such lands so taken and used, such price as they and the owner may mutually agree on ; and in case of disagreement 1 '] 1 And the lands so taken by saiil Corporation shall be hold as landa taken and ap- propriated for public highways, and no application or suit for such damages shall 1)0 made or sustained unless within three years from the time of taking such land or other property ; and in cass such Kailroad shall pass through any woodlands or forests \he Company shall have the right to fcH and remove any trees standing thereon wrthin four rods from such road, which, by falling or being blown down, might obstruct or impair said Railway, by paying n just compensation therefor, to be recovered in ihe same manner as is provided for the recovery of other dam- ages in iliis Act. And for the purposes aforesaid the said Company and their sorvrinls are authorized to enter upon any lands cf ller Most Gracious Majesty the Queen or of this Province, or of any person or body corporate, and to sur- vey and (aiif! levels of the same, and to set out and ascertain such parts thereof as they sliall think necessary for making the said Kailroad, without making any compensation llierclor or being liable for damages therefor, unless for wilful and unnecessary damagi-. And fhat as soon as such lino of Railroad is laid down and ascertained, it shall be lawful for the Covernor, by and with the advice of tho Executive Council, to vest in tlu; said Corporation, their successors and assigns, Ihe title of and in all the Crown lands situate within on each side of said line, in order that said Crown lands may he held, used, and enjoyed fur the beneiit of said Railroad, and to rais-e funds for the construction thereof. Sec. 2. When said Corporation shall take any land as aforesaid of any infant, person mm compos tnjnll's or feine covert, the guardian cf said infant or person non compos, or iTic husband of such feme covert, or in the event of his be- ing under guardianship, the guardian of such husband shall have fyll power to agree and settle wi(h said Corporation for damages by reason <)f taking such land and to give good and vahd release and discharges therefor. * Sec. ;J. The Capital Stock of said Corporation shall consist of not less than nor more than shares, and the government of the affairs of the said Corporation shall be vested in seven, nine, or thirteen Directors, who shall be chosen as hereinaftei directed, and shall hold their offices until others shall have been duly elected to take their places, a majority of whom shall form a quorum; and they shall elect oneof th-'r number to be President of the Board, who shall also be President of the Corpo- ration, and shall have authority to choose a Clerk who shall be sworn to the faith- ful discharge of his duty, and uTreasurer who shall be sworn and also give bonds to the Corporation, with satilactory sureties, in the sum of not less than for thte faithful discharge of his trust. And for the purpose of receiving suoscripiions to the said Stock, Books shall be open- ed under the direction of the named in the first section of this Act, at such time as they may determine, in tho City of flalifax and elsewhere as they may appoint, to remain open for successive days, of which times and places of subscription public notice shall be given in some newspaper printed in Halifax twenty days at least previous to the opening of such subscription ; and the same persons are authorised to call the first meeting of said Corporation by giving thirty days notice in newspapers published in Halifax, of the ti^ne and place and purposes of such meeting. Sec. 4. The Corporation shall have power to make all necessary bye-laws and regulations, nut inconsistent with the laws of this Province, for their government, and for the duo conduct and management of their affairs and property. Sec. 5, The President and Directors for the time being are authorized, by themselves or their agents to exercise all the powers herein granted to the Corpo- ! ■ 3 ration, for the purpose of locating, constructing, and completing said llnilroad, and the transportation of persons, goods, and property of all descriptions, and all such povers for the management of the affairs of the Corpo-ation, as may be ne- cessary to carry into effect the objects of this grant ; to purchase and hold, with- in and without the Provina.^, land, materials, engines, and other necessary things in the name of the Corporation, for the use of said road, and for the transporta- tion aforesaid ; to make such equal assessments from time to time on all the shares in the said Corporation as they may deem expedient and necessary in the execution and progress of the work, and direct the same to be paid to the Trea- surer of the Corporation. And the Treasurer shall give notice of all such assess- ments, and in case any subscriber or stockholder shall neglect to pay any assess- ment on his s!3are or shares for the space of thirty days after such notice is given, as shall be prescribtMJ by the by the hyo-laws of &?id Corporation, the Directors may ordur the Treasurer to sell sucii share or shares at public auction, after giv- ing such notice as lliey may profcribe as aforesaid, to the highesit bidder, jind the same shall bo transferrc!! to the purchaser, and such <lelinqnent subscriber or stockholder siiall be held accountable to the Corporation for the balance if his share or shares shall sell for less titan the assessments due (hereon, with the in- terest and costs of sale, and shall be entitled to the overplus as aforesaid : Provi- ded thatttQ shareholder in said Company shall be in, any manner whatever liable for any debt or demrtnd due by said Company beyond the extent of his, her, of their shares in the Capital Stock of said Company not paid up; and no assess- ment shall be laid upon any shares in said Company ol a greater amount than one hundred dollars : And' provided also, that the shares be deemed personal es- tate, and shall be transferable as such, and (hat ono-lenth part of the said Capital Stock of One Million of Dollars shall be paid up, and shall be deposited to the •credit of said Company in some one of (he chartered Banks of this Provmce, before the commencement of the saki Railroad. Sec. 6. A Toll is hereby granted and established for (he sole benefit of said Corporation upon all passengers and property, of all descriptions, which may be transported by them upon said road, at such rate as may be agreed upon and established, from' time to time, by the Directors ; and in case of non-payment thereof to the person appointed to receive (he same, the Company may sue for and recover the same, and nny detain such property until payment thereof at the risk of the owner or owners thereof The transportation of persons and property, the construction of wheels, the form of carriages and cars, the weights of loads, and all other matters and things in relation to said road, shall bo in conformity with such rules and re<rulations as the Directors shall from tinu; to time prescribe. Sec. 7. The Legislature may authorise any other Company or Companies to connect any other railroad or railroads wi;h (he railroads of said Corporadon at any poin'sou the route of said road ; and this Company may connect any rail- ways to bo constructed under this Charter with any olher railroad now existing or hereafter to he constructed. And said Corporation shall receive and trat;sport all persons, goods, and properly of all descriptions which may be carried and transported to their railroad or such other railroad as may be hereafter authorized to connect therewith, at the same rates of toll aiul freight as niay be prescribed by said Corporation, but not to exceed the general rates of freight and (oil on said railroad received for freight and passengers 'it any of (he «leposits of said Corporation. Sec. 8. If the said Railroad, and the course thereof, sljall cross any private way. the said Corporation shall so construct said Railroad as not to obstruct the safe and convenient use of such private way ; and if it shall cross any canal, turn- pike, railroad, or other highway, the said Railroad shall be so constructed as not 1'12 143 tb obstruct the safe qnd cunvenient use of such canaJ, (urbpike, or other foa4 ; and the said Corporation shall have power to raise or lower such turnpike, high- way, or private way, so that the Railroad may pass over or under the same, and meet such gale or gates thereon as may he necessary for the safety of travellers on said turnpike, railroad, highway turnpike, or private way. Sec. 9. The Corporation shall constantly maintain in good repair all bridges, wiih their abutments and embankments, which they may construct for the purpose of conducting their Railroad over any canal, turnpike, highway, or private way, or for conducting such private way or turnpike over said Kailroad. Sec. 10. If said Railroad shall cross any tide-waters or navigable rivers, the Corporation are authorized to erect, for the' sole and exclusive travel on their said Railroad, a bridge across each of the said waters or rivers ; provided such bridge shall be so constructed as not unneceosarily to obstruct or impede (he navigation of said waters. Sec. II. The Corporation shall, if required so to do, erect and maintain sub- stantial and sufficient fences on each side of the land taken ly them for their Railroad, where the same passes through enclosed or improved lands, or lands that may hereafter be improved, and for neglect or failure to erect and maintain such fence the Corporation shall be liable to bo indicted in the Supreme Court of the County where the lands lie, and fine<l in such sums as shall bo judged ne- cessary to repair the same, and such fine shall be expended for the erection or re- pair of said fence under the direction of the Court. Sec. 12. The Company shall at all times, when thereto required by Her Ma- jesty's Deputy Postmaster General, or the Post Office authorities in this Pro- vince, the Commander of (he Forces, or any person having (he superiniendance and command of any police force, and with the whole resources of the Conipany, if necessary, carry Her Majesty's Mail, the Provincial Mails, Her Majesty's Mi- litary or Naval Forces, or Militia, and all artillery, ammunition, provisions, or other stores for their use, and all policemen, constables, and others travelling on Her Majesty's service, on their said railroad, on such terms and conditions, and under such regulations as the said Company and the said persons respectively shall agree upon ; or if they cannot agree, then on such terms, conditions, and regulations as the Governor, or person administering the government of the Pro- vince, shall in Council make: Provided, that any further enactments which the Legislature of this Province may hereafter deem it expedient to make with re- gard to tha carriage of the said Mails or Her Majes(y's forces, and other persons and articles as aforesaid, or the rates to be paid therefor, or in any way respect- ing the use of any Electric Telegraph, or other service to be rendered by the Company to the Government shall not be deemed an infringement of the privil- eges intended to be conferred by this Act. Sec. 13. If any person shall wilfully and maliciously, or wantonly, and con- trary to law, obstruct (he passage of any carriage on said Railroad, or in any way spoil, injure, or destroy said Railroad, or any part thereof, or any buildings, car- riages, materials or implements, or any other thing belonging thereto, or to be employed in the construction or for the use of said Railroad, he, she, or they, or any person aiding or abetting therein, shall forfeit and pay to said Corporation for every such offence, treble such damages to as shall be proved before the Su- preme Court, or where the damages to be recovered shall not exceed (en pounds before any two Justices of the Peace for the County where the offence is com- miited, who shall have power to try the same and to issue a Warrant of distress against the offender's goods for such treble damages and cos(s of prosecution, and for want of goods to commit ihe offender to prison as in ordinary cases of debt ; and in addition thereto any such person and every person who shall wilfully 144 <jr mnliciously, or wnnlonly, ami contrary to law, obstruct, hinder, or prevent the cnrryhiff on, coniplclin^, ami minnlaining the snid Kaihoad, or the works apper- taining iheri-to, shall bo ^'uihy of a misdemeanour, and being convicted thereof ithall h«' punislicd accortlinj^lv*^ Sec. 14. The Cnrpornt ion 'shall keep, in a hook for that purpose, a regular account of all their dishursemcnts, expenditures and "-eceipta, and the books of the Corporation shall at all limes he open to the inspection of the Governor and Counril, and of any Committee duly ?Mil!ioriz<d l.y the Legislature; and al the expiration (f every year the 'rreasin'er of the Corporation shall make an exhibit under oath to the Legislature of the netl profits derived from the income of said Railroad. . ^ . r.u Sei. 15. All real estate purchased by said Corporation for the use of the same under the section shall be tuxable to the Corporation by the several cities and townships in which such lands lie, in the same manner as lands owned by private persons, and shall in the valuation list be estimated the same as other j-eal estate of the same qui.lity in such city or township, and not otherwise, and the shores owned by the respective stockhohleis shall be taxable as personal es- tate to the owners thereof, in the place where they reside and have their home. And whenever the netl inconVts of said Corporation shall have amounted ten per centum per annum upon the cost of the said road, and its appendages and inci- ilenial expenses, the Directors shall make a special report of the fact to the Le- gislature; from and after which time one moiety or such other portion as the Legislature may from lime to time determine, of the nett income from said Rail- road accruinji thereafter over and above ten per centum per atmum, first to be E' ^id to tlie stockholders, shall annually bo paid over l)y the Treasurer of thd :«irnorati«m as a tax intoMhb' I^f'oVinci'al Treasury for the \ y,.rporati»n as a tax intoMno> rfovmciai i reasury lor tnc use of the Province. And iho Province may have an action therefor against the Corporation to recover tho same. But no other tax than herein is provided shall ever be levied or as- sessed on said Corporation, or any of their privileges or franchises. Sec. 16. The annual meeting of the members of said Corporation shall be liolden on the last Wednesday in Juty, or such o her day as shall be determined iiy the bye-laws, at such lima and place as the Directors for the time being shall appoint ; at which meeting the Directors shall be chosen by ballot, each propri- etor, bv himself or proxv, being entitled to as many votes as he shall hold shares, and I'le Directors may "call special meetings of the stockholdeiii whenever they shall del m proper, giving such notice as the Corporation, by their bye-laws, shall directa Sec. 17. The Legislature shall at all times have the right to enquire into tho doings of the Corporation, and into the manner in which the privileges hereby granted may have been used by the Corporation, and to correct and prevent all abuses of the same, and to pass any law imposing fines and penalties upon said Corporation that niny be necessary more (ffeciually to enlbrce compliance with the provisions, liahilitiei;, and duties herein set forth. Sec. 18. If the said Corporation shall not have been organized, and the loca- ti<m according to actual survey of the route made, on or before the thirty-first day «t December, in the year of our Lord 1855, or if the sjiid Corporation shall fail to complete said Raflroiid on or before the thirty-first day of December, in the year of o!ir Lord 1865, in either of the above mvnticned cases ihis Act shall be null and v«iid. S(!c. M). Tho Company may from time to time borrow in this Province, or clsewhcrcj such sums of money, not exceeding al any time the sum of , as ihey may find expedient, and at &uch rate of I'htercsl, o I «!■ ■■ 1'15 not exceeding six per cent, ns tlify inny ihink proper j am] mny make the homlfi, debentures, or other seniricicg lliey shall grant for the Rums «o borrowed, pay- able in currency or sterling, and at such place or places within or uiihout lliis Province as 'hey nny deem advisable, and may hypolhocate or pledge the lands, tolls, revenues, and other properly of the said Company, for the duo payment of the said sums and rho interest (hereon. Sec. 20. All fines and forfeitures imposed by (his Act, or which may bo law- fully imposed by my bye-law to be made in pursuance thereof, (of which byo-latv when produced all Juniices are hereby required to take notice,) (ho h:vying and recovery of which are not herein par(icularly directed, shall, upon proof of the cffenee before any one or mure. Justices of (he Peace for (ho County, eilhor by the confession of the party or by the oath oc afTn-mation of one ciedible wit- ness, (which oath or affirmation any such Justice is herel>y required to iidminis- ter,) bo levied i)y distress and sale of the offender's goods by Warrant of sueli Justice or Justices ; and all such fmes and forfeitures, (he application whereof is not hereinbefore particularly directed, shall be paid (o (ho 'I'reasJirer of (he Comjiany for (he use of (he said Kaiboad, and (ho overplus, after deduct- ing the penalty and the expenses of levying and recovery thereof, shall be retider- etl to the owner ; and for want of goods the offender siiall Imj committed to gaol, (here to rcm;iin till such penalty and expenses attending (he same shall be paid. ►Sec, 2!. If any action or suit shall be brought or commenced against any per- son or persons for any thing done or to be done in pursuance of this Act, or in the execution of the powers or authorities (herein given v • granted, every such ac- tion or suit shall be commenced within six calendar months next after (ho fact committed, or in case (here shall bo a con(inuation of such damage then within six calendar months next after the doing of such da.^nage shall cease and not af- terwards, and (he defendant or defendants in si:ch action or suit may pi'tad to the general issue, and give ibis Act and the special matter in evidence at any trial to be held thereupon, and that the same was done in pursuance of and by (he autho- rity of this Act ; and if it shall appear to be so done, or if aify action or suit shall not be brought wi(hin . ic (ime aforesaid, or if the plaintiff Khali bo nonsuit or discon(inue, or if judgement shall pass .against the plaintifT, (be defendant shall recover costs and have such remedy therefor as any defendant hath for costs of suit in other cases of law. Sec. 22. Her Majesty, her Heirs, and Successors, may, at any time before or aAcr the said Kailroad is completed, assume (he possession and property ihereof, and of all (ho property which the said Company is hereby empowered to hold and shall then have, and of all the rights, privileges, and advantages vested by this Act in (be said Company (all which shall, after such ai«sun)p(ion, be vested in Her Majesty, her Heirs, and Successors) on giving to (he said Company three months notice of the intention to assume the same, and in paying to the said Company within three mon(hs of (he expira(ion of such notice the whole amount of their capital s(ock (hen paid up and expended, widi in(erest on the paid up capital from the time of (he paying up ^f (he same until the time of the opening of the said Railroad. Sec. 23. This Act sh..it be a ptd)lic Act, and shall as such he judicially taken notice of by all Judges, Justices of the Peace, and others, without being spe- cially pleaded. Sec. 24. Nothing herein contained shall be construed to except (he Hailroad by (his Act authorized (o be made from (he provisions of any general Act relat- ing to Uailroads which may be passed during the present or any future Session of Parliament. Sec. 25. If the Province of New Brunswick shall in any legal way constitute t\ h( ol 8 m in sa df y k 'fi. f46 in ,h.. oa,o .he .aid Company may bt^To w 'd . T/rea"o ha ^'an'^^^^^ ^^ ihareaof one hundred dojfara each'.o an amount eqLaTtoThe eo.W™n«r„..inf \t k :^ ■Xi. i