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 1 
 
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 32X 
 
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I^ 
 
AN ACT 
 
 TO 
 
 INCORPORATE 
 
 THE 
 
 NEW CITY GAS COMPANY 
 
 or 
 
 MONTREAL. 
 
 10 & 11 Vlctoriee, Cap. 79. 
 
 MONTREAL: 
 
 PRINTED BY STEWART DERBISHIRE AND GEORGE DESBARATS, 
 
 Trinter to the aueen's Most Excellent Majesty. 
 
 1847. 
 
 
 .'. r^ ■'••*.' ' 
 
 
'\ 
 
 ANNO DECIMO ET UNDECIMO 
 
 VICTORIES REGINiE. 
 
 CAP. LXXIX. 
 
 An Act to incorporate The New City 
 Gas Company of Montreal 
 
 [ 2Sth July, 1847. ] 
 
 WHEREAS the great and increasing Preamiic; 
 extent of the City of Montreal, and 
 
 the great demand for a cheap and effective mode 
 of lighting the Public Squares, Streets and 
 Places in the said City, as well as the Shops 
 and private Dwellings therein, render it desir- 
 able that more than one Company should be 
 established for the purpose of furnishing Gas 
 for the lighting of the said City ; And whereas 
 the several persons hereinafter named, have by 
 their petition prayed that they and such others 
 as may be hereafter associated with them in 
 their undertaking, may be incorporated under 
 the style and title hereinafter also mentioned, 
 for the purpose of supplying the said City with 
 
Gas in greater quantity, of better quality, and 
 at a cheaper rate, than the same hath here- 
 tofore been supplied ; And whereas the Mayor, 
 Aldermen and Citizens of the City of Mont- 
 real, have signified their assent to the esta- 
 blishment of the said Company, and to their 
 having the powers hereinafter given them with 
 regard to the opening of the streets and other 
 matters connected with the establishment, loca- 
 lity and construction of these works; And 
 whereas a considerable proportion of the shares 
 of stock of the said Company hath been al- 
 ready subscribed for, and at a General Meeting 
 of the holders of such stock, held on the eighth 
 day of the month of May, in the present year, 
 pursuant to public notice given in that behalf, 
 the following persons were duly elected as 
 Directors to manage the affairs of the said 
 Company for one year from the date of such 
 election : namely, John Mathewson, William 
 Lunn, James Ferrier, David Kinnear, Dugald 
 Stewart, Alexander Urquhart, Archibald Mc- 
 Farlane,Thomas Molson, Joseph Savage, James 
 Scott, George D. Watson, Henry Mulholland, 
 and Canfield Dorwin ; and at a subsequent meet- 
 ing of the Directors above mentioned, they did 
 
 from among their own number elect the said 
 John Mathewson to be President, and the said 
 William Lunn to be Vice-President of the said 
 Company ; and the said Petitioners desire that 
 
i. 
 
 ity, and 
 ih here- 
 Mayor, 
 fMont- 
 le esta- 
 te their 
 em with 
 id other 
 lit, loca- 
 :s ; And 
 e shares 
 been al- 
 Meeting 
 e eighth 
 nt year, 
 t behalf, 
 jcted as 
 the said 
 of such 
 William 
 Dugald 
 aid Mc- 
 i, James 
 hoUand, 
 nt meet- 
 they did 
 
 he said 
 the said 
 the said 
 ire that 
 
 the above named Directors, President and 
 Vice-President should continue in office and be 
 confirmed as such Directors, President and 
 Vice-President, until others shall be elected in 
 their stead under the provisions hereinafter 
 made ; And whereas it is expedient to grant 
 the prayer of the said Petitioners : Be it there- 
 fore enacted by the Queen's Most Excellent 
 Majesty, by and with the advice and consent 
 of the Legislative Council and of the Legisla- 
 tive Assembly of the Province of Canada, con- 
 stituted and assembled by virtue of and under 
 the authority of an Act passed in the Parlia- 
 ment of the United Kingdom of Great Bri- 
 tain and Ireland, and intituled, A7i Act to re- 
 unite the Provinces of Upper and Lower Cana- 
 da, and for the Government of Canada, and 
 it is hereby enacted by the authority of the 
 same. That John Mathewson, Thomas Molson, certain per- 
 William Lunn, James Ferrier, David Kinnear, JJJ2,i"''*''P*^ 
 Joseph Savage, George D. Watson, ^ViHiam 
 Molson, William Parky n, Johnston '^ lomp- 
 son, Andrew Dow, George McDonald, Miles 
 Williams, Carter, Robinson and Company, 
 John Armour, James Scott, Archibald Mac- 
 farlane, Canfield Dorwin, Dugald Stewart, 
 Alexander Simpson, Thomas Kay, David Tor- 
 rance, Thomas H. Bryson, John Eadie, Wil- 
 liam Murray, Robert Campbell, Alexander Ur- 
 quhart, and Henry Mulholland, or such of 
 
 \' 
 
 i 
 
 I 
 
Corporate 
 name and 
 powers. 
 
 them, and such other persons as now are, or 
 shall hereafter become Shareholders in the 
 Company hereby established, shall be, and are 
 hereby ordained and constituted a body politic 
 SLXid corporate, by the name of Tlie New City 
 Gas Company of Montreal, and by that name 
 they and their successors being such Sharehol- 
 ders, shall and may have perpetual succession 
 and a common seal, with full power to make, 
 change, break or alter the same at pleasure ; 
 and shall and may by the same name, sue and 
 be sued, plead and be impleaded, answer and 
 be answered unto, defend and be defended, in 
 all Courts and places whatsoever, and shall and 
 may have full power to purchase, take and hold 
 personal property, and lands, tenements and 
 other real property for the purposes of the said 
 Company, and for the erection, construction 
 and convenient use of the Gas Works herein- 
 after mentioned, and also to alienate such per- 
 sonal property, lands and other property, and 
 others to purchase, take and hold in their stead, 
 for the purposes and uses aforesaid ; and that 
 any person or persons, body or bodies politic 
 or corporate may give, grant, sell, bargain 
 or convey to the said Company any lands, te- 
 nements or hereditaments for the purposes 
 aforesaid, and the same may re-purchase from 
 Proviso : for the Said Company : Provided always, that 
 and to what such lands, tenements and hereditaments to be 
 
 Property, 
 

 N are, or 
 s in the 
 , and are 
 y politic 
 V^ew City 
 lat name 
 harehol- 
 iccession 
 to make, 
 )Ieasure ; 
 sue and 
 3wer and 
 nded, in 
 shall and 
 and hold 
 ents and 
 [' the said 
 struction 
 s herein- 
 uch per- 
 3rty, and 
 eir stead, 
 and that 
 IS politic 
 bargain 
 mds, te- 
 3urposes 
 ise from 
 Y8, that 
 its to be 
 
 holden by the said Company, shall be so holden J*'"* '***«., 
 
 •' r J ' company nmy 
 
 for the p^ rposesand business of the said Com- *»oi'' ««ii p'®- 
 
 Dortv 
 
 pany, as set forth in this Act, and for construct- 
 ing their necessary works for and about the 
 same, and for no other purposes whatsoever ; 
 and that the total yearly value of the lands 
 and real property to be so holden at any one 
 time, shall not (over and above the value of 
 the works thereon erected) exceed one thou- 
 sand pounds currency. 
 
 II. And be it enacted. That the said Com- CapUaiofihe 
 pany may raise and contribute among them- °'"^"^' 
 selves, such sum as shall not exceed the sum 
 of twenty-five thousand pounds currency, in 
 shares of ten pounds currency each ; and the 
 money so raised shall be appropriated to the 
 purpose of constructing, completing and main- 
 taining their said Gas Works, and to the pur- 
 poses of this Act, and to no other object or 
 purpose whatever: Provided always, that if increase ai- 
 the said sum of twenty-five thousand pounds cessary. 
 currency should be found insufficient for the 
 purposes of this Act, it shall be lawful for the 
 said Company to increase their Capital Stock 
 by a further sum not exceeding twenty-five 
 thousand pounds currency, either among them- 
 selves or by the admission of new shareholders, 
 such new stock being divided into shares of ten 
 pounds currency each : Provided also, that in p*'"'"' \° "^or 
 
 * J ' row and 
 
 the event of difficulty arising in procuring p'^^g® their 
 
8 
 
 Present Di- 
 rectors and 
 OtRccn con- 
 tinued for a 
 certain tiiuo. 
 
 Annual Gene- 
 ral meeting 
 when to be 
 held. 
 
 subscribers for such increase of capital, it shall 
 be lawful for the President and Directors, for 
 the time then being, of the said Company, to 
 borrow a sum or sums of money, for the pur- 
 poses aforesaid, not exceeding the sum of fif- 
 teen thousand pounds currency, and to pledge 
 and hypothecate the property and income of 
 the said Company for the re-payment of tlie 
 sum so borrowed and the interest thereon. 
 
 III. And be it enacted. That tlie President, 
 Vice-President, and Directors hereinbefore na- 
 med, shall continue in office until the first 
 Monday in March, in the year of our Lord 
 one thousand eight hundred and forty-nine, or 
 until the next General Election, if no Election 
 be had on that day, unless they shall sooner 
 resign, be removed or become disqualified under 
 the provisions of this Act. 
 
 IV. And be it enacted, That the first Gene- 
 ral Meeting of the subscribers to the Stock of 
 the said Company, shall be held on the first 
 Monday in March, in the year of our Lord one 
 thousand eight hundred and forty-nine, and 
 a General Meeting on the first Monday in 
 March in each year thereafter, and at such 
 place and hour as shall be appointed by the 
 By-laws of the Company then in force, to 
 choose by ballot and by a majority of votes, 
 thirteen persons being each a proprietor of 
 not less than ten shares in the Stock of the 
 
 ! 
 
9 
 
 al, it shall 
 Bctors, for 
 mpany, to 
 3r the pur- 
 um of fif- 
 to pledge 
 income of 
 ent of tlie 
 ereoii. 
 
 President, 
 
 before na- 
 
 the first 
 
 our Lord 
 
 y-nine, or 
 
 Election 
 lall sooner 
 ified under 
 
 irst Gene- 
 Stock of 
 the first 
 Lord one 
 nine, and 
 londay in 
 
 1 at such 
 id by the 
 force, to 
 of votes, 
 trietor of 
 !k of the 
 
 said Company, as Directors for managing the 
 affairs of the said Company ; which thirteen 
 Directors shall continue in ofiice until the next 
 General Election of Directors. 
 
 V. And be it enacted. That any five of 
 the said Directors shall form a quorum for 
 the transaction of business, and any majority 
 of such quorum^ assembled according to the 
 provisions of this Act and the By-laws of 
 the Company then in force, may exercise 
 any or all of the powers hereby vested in 
 the Directors; and the President, or in his 
 absence the Vice-President, or in the absence 
 of both, a Chairman chosen by the Directors 
 present, pro tempoie, shall preside at the meet- 
 ings of the Directors ; Provided always, that 
 no person being a shareholder in any other 
 Gas Company formed for the purpose of fur- 
 nishing Gas to the said City shall be a Director 
 of the Company hereby established. 
 
 VL And be it enacted. That at the General 
 Meetings of the Shareholders to be held annu- 
 ally, for the purpose of electing Directors as 
 aforesaid, on the first Monday in the month of 
 March in each year, and before the election of 
 new Directors, the Directors of the then past 
 year shall exhibit a full and unreserved state- 
 ment of the affairs of the Company, of the 
 funds, property and debts due to and by the 
 said Company, which said statement shall be 
 
 Quorum of 
 iJirrctors c»* 
 tablUbcd. 
 
 Wlio shaU 
 preside. 
 
 Proviso: Di« 
 rectors not to 
 be mcmberB of 
 any other Gas 
 Comjiany. 
 
 Statemcn Is to 
 be subniitteil 
 at Annual 
 Meetings. 
 
10 
 
 Proviso: for 
 failure of elec- 
 tion at any 
 time, 
 
 Directors to 
 elect a Presi- 
 dent and a 
 "Vice-Presi- 
 dent. 
 
 Vacancies 
 how to be 
 filled. 
 
 certified by the President or Vice-President 
 under his hand and seal : Provided always, that 
 and in the event of there being no election of 
 Directors on the first Monday in March in any 
 year, in consequence of the said shareholders 
 neglecting to attend in conformity with the re- 
 quirements of this Act, or from any other 
 cause, then and in that case the Directors of 
 the previous year, shall continue and remain in 
 office until an election shall take place at a 
 future Special Meeting of the said Sharehold- 
 ers, to be called for that purpose in the manner 
 provided by the By-laws of the Company then 
 in force. 
 
 VII. And be it enacted, That the Directors 
 elected as aforesaid, shall at their first meeting 
 after such election, choose out of their number 
 a President and Vice-President, who shall hold 
 their offices, respectively, until the then next 
 election of Directors : and it shall be lawful 
 for the said Directors from time to time in 
 case of death, resignation, absence from the 
 Province, disqualification, (and any person dis- 
 qualifid to be elected shall be disqualified from 
 remaining in office,) or the removal of any 
 persons so chosen to be President or Vice-Presi- 
 dent, or Director, or either of them, to choose 
 m their or his stead, from among the said Di- 
 rectors another person or persons to be Presi- 
 dent or Vice-Presideixt, or from amongst the 
 
 I 
 
 I 
 
 ] 
 
 I 
 
 i 
 
e-President 
 ilways, that 
 election of 
 arch in any 
 lareholders 
 eith the re- 
 any other 
 irectors of 
 d remain in 
 place at a 
 Sharehold- 
 the manner 
 npany then 
 
 e Directors 
 rst meeting 
 eir number 
 ) shall hold 
 then next 
 I be lawful 
 to time in 
 1 from the 
 person dis- 
 lified from 
 va\ of any 
 l^ice-Presi- 
 I to choose 
 le said Di- 
 ► be Presi- 
 longst the 
 
 11 
 
 other shareholders another person or persons 
 to be Director or Directors, respectively, to 
 continue in office until the next annual election 
 as aforesaid : Provided always, that the Direc- Proviso. 
 tors shall always vote j)^ capita, and not ac- 
 cording to the number of shares they hold ; 
 and the President or person presiding at any 
 meeting of the Directors or of the Sharehold- 
 ers shall have a casting vote only. 
 
 VIII. And be it enacted, That the Directors Poweisofihe 
 shall and may have the power to appoint a 
 Manager, Clerks and such other persons as 
 may appear to them necessary for carrying on 
 the business of the said Company, with such 
 powers and duties, salaries and allowances to 
 each as shall seem meet and advisable, — and By-iaws» 
 also shall and may have the power to make 
 and repeal or alter such By-laws to be binding 
 upon members of the Company or their ser- 
 vants, as shall appear to tliem proper and 
 needful, touching the well-ordering of the said 
 Company, the management and disposition of 
 its stock, property, estate and effects, the call- 
 ing of special meetings of its Shareholders or 
 of meetings of the Directors, and other matters 
 connected with the proper organization of the 
 said Company and the conduct of the affairs 
 thereof, — and also shall and may have the instalments. 
 power to make calls for instalments on shares, 
 subject to the provisions hereinafter made, and 
 
12 
 
 Dividends, 
 
 Contracts. 
 
 Proviso as to 
 By-laws. 
 
 Proviso as to 
 
 Special 
 
 Meetings, 
 
 to declare such yearly or half-yearly dividends 
 out of the profits of the said undertaking as 
 they may deem expedient, and to make con- 
 tracts, or by such By-laws to empower the 
 President, Vice-President, or any Director or 
 Officer to make contracts, oti behalf of the 
 Company, and to affix (if need be) the com- 
 mon seal of the Company to such contracts, — 
 and generally to manage the affairs of the said 
 Company, and to do or empower others to do 
 whatever the Company may lawfully do under 
 this Act, unless it be otherwise herein provi- 
 ded : Provided always, that such By-laws shall 
 be in no wise inconsistent with the true intent 
 and meaning of this Act and *,he powers hereby 
 granted, nor repugnant to the Laws of this 
 Province, and shall, before they shall have 
 force, be approved by the Shareholders at some 
 Annual or Special Meeting, at which such 
 Shareholders shall have full power to alter or 
 amend the same : And provided also, that until 
 it be otherwise ordered by the By-laws of the 
 Company, a Special Meeting of the Sharehold- 
 ers may be called by the Directors, or in their 
 default, on being thereunto requested by at least 
 twenty of the Stockholders being proprietors 
 together of not less than five hundred shares 
 of the Stock of the said Company, then by such 
 twenty (or more, as the case may be) Stock- 
 holders ; the Directors or Stockholders giving 
 
13 
 
 ly dividends 
 lertaking as 
 make con- 
 ipower the 
 Director or 
 half of the 
 |e) the corn- 
 contracts, — 
 s of the said 
 others to do 
 Ily do under 
 ierein provi- 
 !y-laws shall 
 B true intent 
 wers hereby 
 <aws of this 
 shall have 
 ders at some 
 which such 
 r to alter or 
 0, that until 
 •laws of the 
 ) Sharehold- 
 • or in their 
 1 by at least 
 proprietors 
 dred shares 
 len by such 
 be) Stock- 
 ders giving 
 
 at least six \ ; jks* notice thereof in at least 
 two of the public newspapers of the City of 
 Montreal, and specifying in the said notice the 
 time and place of such meeting, together with 
 the objects thereof. 
 
 IX. And be it enacted, That Shareholders 
 may vote by proxy duly appointed in writing 
 or in person, and all elections shall be by 
 ballot ; and all questions to be decided at any 
 Annual or Special Meeting of the Shareholders 
 shall be so decided by a majority of votes ; and 
 on every occasion when the votes of the Share- 
 holders are to be given, each Shareholder 
 shall, if he hold one share and not exceeding 
 two shares, have one vote; for every two 
 shares above two and not exceeding ten, one 
 vote — making five votes for ten shares; for 
 every four shares above ten and not exceeding 
 thirty, one vote — making ten votes for thirty 
 shares ; for every six shares above thirty and 
 not exceeding sixty, one vote — making fifteen 
 votes for sixty shares; and for every eight 
 shares above sixty and not exceeding one hun- 
 dred, one vote — making twenty votes for one 
 hundred shares ; and no Shareholder shall be 
 entitled to give a greater number of votes than 
 twenty, and no Stockholder shall be allowed 
 to hold more than five hundred shares. 
 
 X. And be it enacted, That all subscriptions 
 for shares in the Capital Stock of the said 
 
 Votes at an- 
 nual or Spe- 
 cial Meetings. 
 
 I 
 
 Number of 
 shares to be 
 held by one 
 party limited. 
 
 Subscriptions 
 before tne pas- 
 sing of this 
 
•m:^ 
 
 1 
 
 Act to bo 
 valid. 
 
 Recovery of 
 gitbscriptions 
 not paid up, 
 provided for. 
 
 Averment in 
 any such ac- 
 tion, 
 
 14 
 
 Company, or to the undertaking for carrying 
 out which the said Company is incorporated, 
 shall be good and valid, and binding on the 
 shareholder, whether made before or after the 
 passing of this Act, and the several persons 
 who have subscribed, or who may hereafter 
 subscribe for shares in the said undertaking 
 or Company, shall and they are hereby re- 
 quired to pay the sum or sums of money by 
 them respectively subscribed, or such part or 
 portions thereof as shall from time to time be 
 called for by the Directors of the said Com- 
 pany, under and by virtue of the powers and 
 directions of this Act, to such person or per- 
 sons, and at such times and places as shall be 
 directed or required by the Directors, and in 
 case any person or persons shall neglect or refuse 
 to pay the same at the time and in manner xe- 
 quired for that purpose, it shall be lawful for 
 the Directors to cause the same to be sued for 
 and recovered in any Court of Law in this 
 Province, having jurisdiction in civil cases to 
 the amount; and in any such action, whether 
 for the subscriptions already made, or here- 
 after to be made, it shall not be necessary to 
 set forth the special matter in the declaration, 
 but it shall be sufficient to allege that the de- 
 fendant is the holder of one or more shares in 
 the stock (stating the number of shares) and 
 is indebted to the Company in the sum to 
 
15 
 
 for carrying 
 ncorporated, 
 ding on the 
 or after the 
 eral persons 
 ay hereafter 
 undertaking 
 hereby re- 
 f money by 
 sucli part or 
 e to time be 
 I said Corn- 
 powers and 
 Tson or per- 
 s as shall be 
 :tors, and in 
 [ect or refuse 
 manner re- 
 e lawful for 
 be sued for 
 ^aw in this 
 ivil cases to 
 )n, whether 
 le, or here- 
 lecessary to 
 declaration, 
 hat the de- 
 e shares in 
 hares) and 
 Ihe sum to 
 
 ^.vhich tlie calls in arrear may amount : and 
 in any such action it shall be sufficient to SJl" ^^'^^ 
 maintain the same, that the signature of the 
 defendant to some book or paper by which it 
 shall appear that such defendant subscribed 
 for a share or a certain number of shares of 
 the stock of the said Company or undertaking, 
 be proved by one witness whether in the em- 
 ployment of the Company or not, and that the 
 number of calls in arrear have been made, and 
 the suit may be brought in the corporate name 
 of the Company. 
 
 XI. And be it enacted, That no one instal- Amount and 
 
 penousofin* 
 
 ment to be paid on account of the shares in staiments. 
 the stock of the said Company shall exceed 
 two pounds ten shillings currency on each 
 share, and notice thereof shall be given by 
 advertisement in the newspapers, during at 
 least three weeks before such instalment shall 
 be called for : Provided always, that no instal- 
 ment shall be called for except aiter the lapse 
 of one calendar month from the time when the 
 last instalment was called for ; and if any per- 
 son or persons shall neglect or refuse to pay 
 his or their share of such money to be so paid 
 in, as aforesaid, at the time and place fixed 
 and appointed by the Directors, such person 
 or persons so neglecting or refusing may be 
 sued as aforesaid, or at the option of the Di- 
 rectors shall thereby incur a forfeiture of not 
 
 ii 
 
16 
 
 Forfeiture of 
 chares for non- 
 payment of in- 
 staiaicnts. 
 
 Transfer of 
 
 forfeited 
 
 shares. 
 
 Proviso : for- 
 feitur'i to he 
 declaied at a 
 General or 
 Special meet- 
 ing. 
 
 more than ten, nor less than five per cent, on 
 the amount of his or their respective share or 
 shares : and if such person or persons shall 
 refuse or neglect to pay their proportion of the 
 instahnents demanded, for the space of two 
 calendar months after the time fixed for the 
 payment thereof, then and in that case such 
 person or persons shall forfeit his or their res- 
 pective share or shares upon which former 
 instalments shall have been paid, and such 
 share or shares shall be sold by order of the 
 Directors, by public auction, and the proceeds 
 of the sale, after deducting costs, and the for- 
 feiture above mentioned, shall be paid over to 
 such defaulter ; and the President or Manager 
 of the Company shall have power to transfer 
 the stock to the purchaser or purchasers 
 thereof: Provided always, that no advantage 
 shall be taken of the forfeiture of any share or 
 shares unless the same shall be declared to be 
 forfeited at some Special Meeting of the Share- 
 holders, assembled at any time after such for- 
 feiture shall have been incurred ; and every 
 such forfeiture shall be an indemnification to 
 and for every proprietor so forfeiting against 
 all action or actions, suits or prosecutions 
 whatever to be commenced or prosecuted for 
 any breach of contract or other agreement be- 
 tween such proprietor and the other proprietors 
 with regard to carrying on the said Gas Works. 
 
17 
 
 er cent, on 
 ve share or 
 Tsons shall 
 Ttion of the 
 ace of two 
 xed for the 
 case such 
 T their res- 
 lich former 
 I, and such 
 )rder of the 
 he proceeds 
 and the for- 
 )aid over to 
 or Manager 
 to transfer 
 purchasers 
 ) advantaofe 
 ny share or 
 Jlared to be 
 the Share- 
 jr such for- 
 and every 
 lification to 
 ing against 
 rosecutions 
 secuted for 
 cement be- 
 proprietors 
 ras Works. 
 
 XII. And be it enacted, That the shares in sharo^ how 
 the stock of the said Company shall be assign- 
 able and transferable according to such rules* 
 
 and subject to such restrictions and regula- 
 tions as shall from time to time be made and 
 established by the By-laws of the Company, 
 and shall be considered as personal property, 
 notwithstanding the conversion of the funds 
 into real estate, and shall go to the personal 
 representatives of such Shareholders : Pro- P'"^"^". 
 vided also, that such transfer shall not be valid 
 unless entered and registered in a book or 
 books to be kept for that purpose in the man- 
 ner provided by the said By-laws. 
 
 XIII. And be it enacted, That it shall and powcrto 
 may be lawful for the said Company, after ^^.i'^J ""^ 
 two days' notice in writing to the Mayor, Al- ^treets^'" 
 dermen, and Citizens of the City of Montreal, 
 
 to break up, dig and trench so much and so 
 many of the streets, squares and public places 
 of the said City of Montreal as may at any 
 time be necessary for laying down the mains 
 and pipes to conduct the Gas from the Works 
 of the said Company to the consumers thereof, 
 or for taking up, renewing, altering, or repair- 
 ing the same, when the said Company shall f recautions to 
 
 *-" -"^ • be observed. 
 
 deem it expedient, doing no unnecessary 
 damage in the premises, and taking care, as far 
 as may be, to preserve a free and uninterrupted 
 passage through the said streets, squares and 
 
18 
 
 I, 
 
 (-)■■ 
 
 < ' ■■; I 
 
 ! 
 
 I V 
 
 public places while the works are in progress, 
 and making the said openings in such parts 
 of the said streets, squares and public places 
 as the City Surveyor, under the direction of 
 the Council of the said City, shall reasonably 
 permit and point out, also placing guards or 
 fences with lamps, and providing watchmen 
 during the night, and taking all other neces- 
 sary precautions for the prevention of accidents 
 to passengers and others which may be occa- 
 sioned by such openings ; also finishing the 
 w^ork and reolacing the said streets, squares 
 and public places in as good condition as before 
 the commencement of the work, without any 
 Penally for unuecessarv delay ; and in case of the neelect 
 
 neglect to oh- •' , . , • i i n 
 
 serve such pre- of any of the duties herein provided as afore- 
 said, the said Company shall be subject to pay 
 a fine of one pound currency for every day 
 such neglect shall continue, after receiving a 
 legal or written notice thereof, to be recovered 
 by civil action in Her Majesty's Court of 
 Queen's Bench for the District of Montreal, 
 at the suit of any person or persons, or of the 
 Corporation of The Mai/or, Aldermen and 
 Citizens of the City of Montreal, to and for 
 the UoC of the said Corporation, over and 
 above such damages as may be recovered 
 against the said Company by any other party. 
 
 Power to open XIV. And be it enacted, That where there 
 the ground m Me buildiugs withiu the said City of Montreal, 
 
 cautions, 
 and how 
 recoverable. 
 
19 
 
 1 progress, 
 such parts 
 blic places 
 
 rection of 
 reasonably 
 
 guards or 
 watchmen 
 ler neces- 
 f accidents 
 y be occa- 
 ishing the 
 s, squares 
 n as before 
 ithout any 
 he neglect 
 i as afore - 
 ect to pay 
 every day 
 eceiving a 
 recovered 
 Court of 
 Montreal, 
 
 or of the 
 men and 
 to and for 
 over and 
 recovered 
 ler party. 
 
 lere there 
 Montreal, 
 
 % 
 
 the different parts whereof shall belong to dif- passajjcs, &c. 
 ferent proprietors, or shall be in possession of 
 diiferent tenants or lessees, the said Company 
 shall have power to carry pipes to any part of 
 any building so situate, passing over the pro- 
 perty of one or more proprietors, or in pos- 
 session of one or more tenants to convey the 
 Gas to that of another, or in the possession of 
 another, the pipes being carried up and attached 
 to the outside of the building ; and also to 
 break up and uplift all passages which may be 
 a common servitude to neighbouring proprie- 
 tors, and to dig or cut trenches therein for the 
 purpose of laying down pipes, or taking up or 
 repairing the same ; the said Company doing 
 as little damage as may be, in the execution 
 of the powers granted by this Act, and making 
 satisfaction thereafter to the owners or propri- 
 etors of buildings or other property, or to any 
 other party, for all damages to be by them 
 sustained in or by the execution of all or any 
 of the said powers, subject to which provisions 
 this Act shall be sufficient to indemnify the 
 Company or their servants, or those by them 
 employed, for what they or any of them shall 
 do in pursuance of the powers granted by this 
 Act. 
 
 XV. And be it enacted. That the main Modeofiay- 
 pipes that shall be laid down by the New City Ilngurshing 
 Gas Company of Montreal shall be at least the Kp^ny 
 
'^0 
 
 •I 
 
 m 
 
 from those ol 
 any other Gas 
 Comixmy, 
 and tho dist- 
 ancp there 
 sliall Id- 
 between thorn. 
 
 Proviso : mode 
 of settling dis- 
 putes between 
 the CDinpany 
 and any other 
 Gas Company. 
 
 three feet distant from the main pipes of the 
 Montreal Gas Light Company, and at a like 
 distance from the main water pipes belonging 
 to the Corporation of Montreal, or when such 
 shall be impracticable, then as nearly so as the 
 circumstance of the case will admit, and that 
 the said main pipes shall have the initials of 
 the Company cast upon each of them ; and 
 also, the ends of the service pipes and stop- 
 cocks, which shall appear in the cellars of the 
 houses or buildings to be supplied with Gas, 
 shall be legibly and permanently stamped or 
 marked with the initials of the said Company, 
 to distinguish them from those of the Montreal 
 Gas Light Company, under a penalty of five 
 pounds currency for each offence or neglect 
 thereof, which penalty shall be paid to the 
 Montreal Gas Light Company, and be recover- 
 ed by civil action in Her Majesty's Court of 
 Queen's Bench for the District of Montreal : 
 Provided always, that if any difference shall 
 arise between the Montreal Gas Light Com- 
 pany and the New City Gas Company, or any 
 other Company established or to be established 
 in the City of Montreal, as to the practicabili- 
 ty of either Company so laying its pipes that 
 they shall be at the distance of at least three 
 feet from those of the other Company, then 
 such difference shall be decided by the Sur- 
 veyor of the said City, who if he shall be of 
 
2\ 
 
 pes of the 
 at a like 
 l)elonging 
 when such 
 y so as the 
 , and that 
 initials of 
 hem ; and 
 i and stop- 
 lars of the 
 with Gas, 
 itamped or 
 Company, 
 e Montreal 
 Ity of five 
 or neglect 
 aid to the 
 )e recover- 
 i Court of 
 Montreal ; 
 ence shall 
 ight Com- 
 ny, or any 
 established 
 racticabili- 
 pipes that 
 least three 
 pany, then 
 ■f the Sur- 
 ihall be of 
 
 
 i 
 
 Location of 
 Gas works. 
 
 opinion that it is not practicable to lay the 
 pipes at such distance as aforesaid, shall direct 
 the mode in which the pipes of the respective 
 Companies shall be laid at such place, and the 
 distance at which they shall be apart, not ex- 
 ceeding the distance aforesaid: Provided al- 
 ways, that an appec* shall be from any such 
 decision of ♦he said Surveyor to the Mayor's 
 Court of the said City of Montreal, at any sit- 
 ting of the said Court, held after the day on 
 which the decision of the said Surveyor shall 
 be notified to the parties. 
 
 XVI. And be it enacted, That the said Com- 
 pany shall so construct and locate their Gas 
 Works, and all apparatus and appurtenances 
 thereunto appertaining or therewith connected, 
 and wheresoever situated, as in no wise to en- 
 danger the public health or safety ; and for the company to 
 purpose of better ensuring the due execution jeguiatloni! 
 of the provisions of this section, the said Com- 
 pany shall, with regard to the construction of 
 such part of their said Gas Works as shall lie 
 within the City of Montreal, be subject and 
 bound by the existing By-laws of the Council 
 of the said City for insuring the public health, 
 safety and convenience of the inhabitants 
 thereof; and the said Gas Works, apparatus Works to bo 
 and appurtenances, or so much thereof as shall utiin? *° ^"" 
 be within the said City, shall moreover be at 
 all reasonable times subject to the visit and in- 
 
 1 1 
 
 ]i 
 
22 
 
 4 
 
 If 
 
 \l 
 
 
 Prnalty for 
 iliHuliL'dU'iu'i*. 
 
 spection of the Municipal Authorities thereof, 
 or tlieir officers, reasonable notice thereof 
 being previously given to the said CJomfany; 
 and tlie said Company, and their servants, or 
 workmen, shall at all times obey all just and 
 reasonable orders and directions they shall 
 receive from the said Municipal Authorities 
 in that respect, under a penalty of not more 
 than live pounds, nor less than one pound cur- 
 rency for each oifence, in refusing or n^glec ting 
 to obey the same, to be recovered from tlie 
 said Company, at the suit and for the use of 
 the Mayor, Aldermen, and Citizens of the City 
 of Montreal, in any Court of competent Civil 
 Jurisdiction, except tlie Court constituted un- 
 der and by virtue of any Act incorporating the 
 City of Montreal. 
 
 XVTI. And be it enacted. That in case the 
 J,erSli;Stain Said Company sliall open or break up any 
 ^"'^'*mn he ^^^^^^f squarc, or public place in the said City, 
 done by the aud shall ucglcct to keep the passage of the 
 at their cost, said Street, square, or public place, as far as 
 may be, free and uninterrupted, or to place 
 guards or fences, with lamps, or to place 
 watchmen, or to take ev^ry locessary precau- 
 tion for the prevention r,f a^cidt ils to j^^iirfen- 
 gers and others, or to close and replace the 
 said streets, squares or public places, without 
 unnecessary delay, as hereinbefore provided, 
 the City Surveyor, under the direction of the 
 
 If the Compa- 
 
 
'^;^ 
 
 ics thereof, 
 ice thereof 
 
 Com J any ; 
 servants, or 
 EiU just and 
 
 they shall 
 Authorities 
 f not more 
 
 pound cur- 
 rnoglei^Ing 
 d from the 
 
 the use of 
 5 of the City 
 Detent Civil 
 stituled un- 
 )orating the 
 
 in case the 
 ak up any 
 \e said City, 
 sage of the 
 I, as far as 
 or to place 
 )r to place 
 sary precau- 
 ,s to J .*brfen- 
 replace the 
 ces, without 
 e provided, 
 ction of the 
 
 
 I 
 
 said Council of the City,af(iT notice in writing 
 to the said Company sliiill cause tlie duty so 
 neglected to be fortlivvitli jx-i formed, and the 
 expense tliereof shall be defrayed by the said 
 Company, on its being demanded by the City 
 Surveyor, at any time not less than one month 
 aft( r the work shall have been completed in 
 .my rase, from the Cashier or Treasurer, or 
 any Director of the said Company, or in de- "owhucIi 
 fault of such payment, the amount of such recoverable. 
 claim shall and may be recovered from the 
 said Company, at the suit of the Mayor, 
 Aldermen, and Citizens of the City of 
 Montreal, by civil action in any Court of com- 
 petent jurisdiction. 
 
 XVIII. And be it enacted. That if any per- ivnaity for 
 son or persons shall lay or cause to be laid, any witimutuu- '^' 
 pipe or main to communicate with any pipe or colni.'any*/''*' 
 main belonging to the said Company, or in any 
 way obtain or use its Gas without the consent 
 of the Directors, or their officer appointed 
 to grant such consent, he, she or they shall 
 forfeit and pay to the said Company the sum 
 of Twenty-five pounds, and also a further sum 
 of One Pound for each day such pipe shall so 
 remain, which said sum, together with the 
 costs of suit in that behalf incurred, may be 
 recovered by civil action in any Court of com- 
 petent Ctvil Jurisdiction. • 
 
1^4 
 
 Prnuiiy lor XIX. Aiid be it enacted, That if any person 
 liestroyTng the or persons shall wilfully or maliciously break 
 wor s, c. ^^^ p^jj down, or damage, injure, put out of 
 
 order or destroy any main pipe, pipe, or other 
 works or apparatus, appurtenances or depen- 
 dencies thereof, or any matter or thing already 
 made and provided, or which shall be made 
 and provided for the purposes aforesaid, or any 
 of the materials used and provided for the 
 same, or ordered to be erected, laid down, or 
 belonging to the said Company, or shall in any 
 wise wilfully do any other injury or damage, 
 for the purpose of obstructing, hindering or 
 embarrassing the construction, completion, 
 maintaining or repairing of the said works, or 
 shall cause or procure the sajne to be done, or 
 Or increasi^ng shall increase thesupply of Gas agreed for with 
 
 supply of Gas ^ rr j o 
 
 ' ' the said Company, by increasing the number 
 or size of the holes in the Gas burners, or 
 otherwise wrongfully, negligently or wasteful- 
 ly burning the same, or by wrongfully or im- 
 properly wasting the Gas, every such person 
 or persons shall be guilty of a misdemeanor, 
 and on conviction thereof, the Court before 
 whom such person shall be tried and convicted 
 shall have power and authoriy to condemn 
 such person to pay a penalty not exceeding 
 ten pounds currency, or be confined in the 
 Common Jail of the District for a space of 
 time not exceeding three months, as to such 
 Court shall seem meet. 
 
 8U 
 
 &c. wil hout 
 permieeion 
 
 :u 
 
25 
 
 if any person 
 iously break 
 5, put out of 
 ipe, or other 
 !S or depen- 
 thing already 
 hall be made 
 •esaid, or any 
 ided for the 
 aid down, or 
 ' shall in any 
 y or damage, 
 hindering or 
 
 completion, 
 id works, or 
 3 be done, or 
 reed for with 
 
 the number 
 ; burners, or 
 
 or wasteful- 
 gfuUy or im- 
 
 such person 
 nisdemeanor, 
 
 ourt before 
 md convicted 
 
 to condemn 
 ot exceeding 
 
 fined in the 
 )r a space of 
 is, as to such 
 
 XX. And be it enacted. That should the ^.^m^.^^^'^, "' 
 
 the City of 
 
 Mayor, Aldermen and Citizens of the City of MontreaHmay 
 
 it/r 11-t 1 11 assume the 
 
 Montreal, decide as they arc hereby empower- whole stock 
 ed to do, upon taking the whole of the Stock o? the 'Spn. 
 of the said Company, the Shareholders therein "^" 
 be, and they are hereby declared to be bound 
 to surrender and transfer the whole of their 
 respective shares unto the said Corporation of 
 the City of Montreal upon the terms and con- 
 ditions hereinafter set forth, that is to say : 
 that the said Corporation shall pay such an Conditions. 
 advance upon the shares as will cover the 
 interest on the instalments paid previously 
 to the works of the Company having gone 
 into operation, as well as any other loss of 
 interest which the said Shareholders may 
 have sustained by reason of the dividends 
 not having been equal to the legal interest 
 of this Province ; and that they consent and 
 agree that the charge to be made to con- 
 sumers of Gas shall not exceed such price 
 as will be sufficient to produce a net profit 
 on the works of eight per centum per annum : 
 And if the said Corporation shall so purchase 
 the whole of the Stock of the said Company, 
 they may in that case pay for the same out of 
 the funds at their disposal not specially appro- 
 priated, or may raise money by loan, or by 
 debentures in like manner as they are em- 
 powered to raise money which they are Juiy 
 
N' 
 
 26 
 
 empowered to borrow for any other purpose : 
 Proviso : fur- Provided always, that the said Corporation to 
 
 rlier conditions , ...ii^ •.! i i 
 
 be entitled to exercise the power hereby given 
 them of taking the whole of the said Stock as 
 aforesaid, shall take the same within ten years 
 after the passing of this Act ; and in the event 
 of their taking the same, the said Corporation 
 shall be and is hereby bound to fulfil all en- 
 gagements which the said Company may have 
 previously entered into in respect of the carry- 
 ing on the business of the said Company, as 
 well as its engagements with mechanics, work- 
 men, servants and others, and the said Com- 
 pany shall in all those respects be entirely 
 relieved, exonerated, and held harmless from 
 all claims, damages and demands of all person 
 or persons as aforesaid, by the Corporation of 
 the said City of Montreal ; and generally the 
 said Corporation shall have all the rights and 
 be subject to all the liabilities of the said Com- 
 pany imposed by this Act or lawfully contract- 
 ed under it. 
 
 Tiiis A( t not XXI. And be it enacted. That nothing in 
 ( orporation of this Act Contained, shall extend or be con- 
 fJny! &J.'^'"" strued to extend to prevent any person or 
 persons, body politic or corporate, from con- 
 structing any works for the supply of Gas to 
 his or to their own premises, or to prevent 
 the Legislature of this Province at any time 
 hereafter from altering, modifying, or repealing 
 
 ,1 ! 
 
27 
 
 her purpose : 
 iorporation to 
 hereby given 
 said Stock as 
 hin ten years 
 i in the event 
 Corporation 
 ) fulfil all en- 
 ny may have 
 of the carry- 
 Company, as 
 lanics, work- 
 said Com- 
 be entirely 
 armless from 
 of all person 
 orporation of 
 generally the 
 e rights and 
 le said Com- 
 lUy contract- 
 
 t nothing in 
 or be con- 
 r person or 
 I, from con- 
 y of Gas to 
 • to prevent 
 at any time 
 or repealing 
 
 the powers, privileges or authorities herein- 
 before granted to the said Company, or from 
 incorporating any other Company for like 
 purposes. 
 
 XXII. And be it enacted, That nothing R'srhts not 
 herein contained shall affect, or be construed to be aiiectea. 
 to affect in any way or manner whatsoever, 
 
 the rights of Her Majesty, Her Heirs and Suc- 
 cessors, or of any person or persons, or of any 
 body or bodies corporate or collegiate, such 
 only excepted as are herein mentioned. 
 
 XXIII. And be it enacted. That the Gas Works to be 
 Works hereinbefore mentioned, shall be in five years. 
 operation within five years from the passing of 
 
 this Act, and in default thereof, the privileges 
 and advantages granted by this Act to the said 
 Company shall cease and be of no effect. 
 
 XXIV. And be it enacted. That this Act be „ ^,. , 
 
 Public Act. 
 
 and IS hereby declared to be a Public Act, and 
 that the same may be construed as such in 
 Her Majesty's Courts in this Province. 
 
 XXV. And be it enacted, That this Act Duration. 
 shall be and remain in force for fifty years and 
 
 no longer. 
 
 PWMTKD BY STEWART DERBISIIIRE AND GEORGE DESBARATS, 
 
 Law Printer to the Queen's Most Excellent Majesty.