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This item is filmed at the reduction ratio checked below/ Ce document est filmA au taux de reduction indiqu* ci-dessous. 10X 14X 18X 22X 26X 30X ^ 12X 16X aox 24X 28X 32X Th« copy fllm«d har« hm bMn r«produc«d thanks to tho gonoroaity of: Library of tha Public Archivas of Canada L'axamplaira filmA f ut raproduit grica A la ginArosM da: La bibliothdqua das Archivas publiques du Canada Tha imagas appaaring hara ara tha bast quality posslbia considaring tha condition and lagibility of tha original copy and In kaaping with tha filming contract spacifications. Las imagaa suivantas ont tt€ raproduitas avac la plua grand aoin, compta tanu da la condition at da la nattatA da l'axamplaira film*, at an conformitA avac las conditions du contrat da filmaga. Original copiaa In printad papar covara ara fiimad baginning with tha front covar and anding on tha laat paga with a printad or illuatratad impraa- sion. or tha back covar whan approprlata. All othar original copias ara filmad baginning on tha first paga with a printad or illuatratad Impras- sion. and anding on tha laat paga with a printad or illuatratad imprassion. Laa axamplairas originaux dont la couvartura an papiar ast ImprimAa sont filmte an commandant par la pramiar plat at an tarminant soit par la darnlAra paga qui comporta una amprainta d'imprassion ou d'illustration, soit par la sacond plat, salon la cas. Tous las autras axamplairas originaux aont filmte an commandant par la pramlAra paga qui comporta una amprainta d'imprassion ou d'illustration at an tarminant par la darniira paga qui comporta una talla amprainta. Tha last racordad frama on aach microficha shall contain tha symbol — ^> (moaning "CON* TINUED"), or tha symbol y (moaning "END"), whichavar appliaa. Un das symbolas suivants apparaftra sur la darnlAra imaga da chaqua microficha, salon la cas: la symbols — ► signifia "A 8UIVRE", la aymbola Y aignifia "FIN". Maps, platas, charts, ate. may ba filmad at diffarant raduction ratios. Thoaa too larga to ba antiraly includad in ona axpoaura ara filmad baginning in tha uppar laft hand cornar, laft to right and top to bottom, as many framaa as raquirad. Tha following diagrama illustrata tha mathod: Las cartas, planchas, tablaaux, ate, pauvant Atra filmAs A daa taux da rMuction diff Grants. Loraqua la documant ast trop grand pour hire raproduit an un saul clich*. 11 ast f limA d partir da I'angla aupAriaur gaucha, da gaucha it droita, at da haut an bas, an pranant la nombra d'imagas nAcassaira. Las diagrammas suivants illustrant la mAthoda. 1 2 3 32X 1 2 3 4 5 6 13 -. t .-A i i ■i- AN ACT TO INCORPORATE A COMPANY FOR THE CONSTRUCTION OF A SHIP CANAL TO CONNECT THE WATERS OF LAKE CHAMPLAIN mn THE RIVER SAINT LAWRENCE. 12th ViotoriaB, Cap, 180. I MONTREAL : PfilNTED BY STEWART DERBISHIRE St. GEORGE DESBARATS Law Printer to the Queen's Most Excellent Miyesty. 1S49. * a * • » , ^ BOO II . OS OCi-^tf*>» 1,*, *.•. •«•«• i'-- (-0 t S ' '. 'i * . l" ' ./ u. . ,•>•••• ••■ '•■'■^p- ^, ANNO DUODECIMO VICTORItE REGINiE. / y\ f^ I /te.t CAP. CLXXX. An Act to incorporate a Company for the ' Construction of a Ship Canal to connect the waters of Lake Champlain and the River St. Lawrence. '6^ih May, 1849. WHEREAS the construction of a Ship Canal to con- PreamUe. nect the Kiver St. Lawrence with Lake Champlain, leaving the St. Lawrence at some point between Lake St. Francois and the village of Longueuil, and coming out at some point on the River Richelieu or on Lake Champlain, would tend much to advance the general interests of the Province, by greatly increasing the business which would be carried on through the St. Lawrence Canals, with Bos- ton, New York, and other eastern Cities in the United States, and would greatly contribute to promote the trade, and facilitate the communication between the eastern and western sections of the Province, and particularly the trans- Z/' ^ / portation of timber awl deals froin the Ottawa simU Quebec •/*^^//^ 7^^^, Districts; And whereas tiiS" "several persons hereinafter named are desirous to make and maintain the said Canal : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Council and of the Legislative Assembly of the Pro- vince of Canada, constituted and assembled by virtue of and under the authoriiy of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, intituled, An Act to re-uniie the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is ce^t^in per- hereby enacted by the authority of the same, ThatJohn gons and their Young, Hnnrirrn f Irphrni, ^^jtimi" Mr'—*j LulmJIi successore in- Hiltfi JitoMii 0. Piuii^ Mm Rl. Djiidu^^'Umiai.^P^^^t'''^ ^°\ ft>i» t » w , William Dow, Ilul i Mt Ja nei i ) TiwmJij gallm, ^^"-^^ /^ ^^"iiii SnjTT — . TTIi rhlttnndiinj Tig (SraBd ffrnmnnj J a moo Canal itomiiie/^r^^ t ^ L^ / /^ T ^^2^. *i n St. Lawrence to Lake Chan: plain. 4aeiAie, AUIerJ tt i Pie we, Jomw Corporate name aiiJ powora. jGftotget Ci Kwnb ad, a nJ M i J i Rfa;r 8 w i j Frn gtiiai, together \vitl» such other person or persons as shall, under the provi- sions of this Act, become subscribers to and proprietors of any share or shares in the Canal hereby authorized to be made, and other works and property hereinafter mentioned, and their several and respective heirs, executors, adminis- trators, curators and assigns, being proprietors ol such share or shares, are and shall be united into a company for car- rying on, making, completing and maintnining the said Canal and other works, according to the rules, orders and directions hereinafter expressed, and shall for that purpose be one body politic and corporate, by the name of the St. Lawrence and Champlain Canal Company^ and by that name shall have perpetual succession, and shall have a common seal, and other the usual powers and rights of bodies corporate, not inconsistent with the other provisions of tliis Act, ami by that name shall and may sue and be sued, and may purchase and hold lands (which word throughout this Act shall be understood to include the land and all that is upon or below the surface thereof, and all the real rights and appurtenances thereunto belonging) for them and their successors or assigns, for the use of said Canal and works, without HerMajesty's/e/irest/'fl»iorfmcwi€n/,(gpving, nevertheless, to the seignior or seigniors within whose cen- sive the lands, tenements and hereditaments so purchased may be situate, his and their several and respective droits d^indemnite, and all other seigniorial rights whatever,) and also to alienate and convey any of the said lands purchased for the purpose aforesaid ; and any person or persons, bodies politic or corporate, or communities may give, grant, bar- gain, sell or convey to the said company any lands for the purposes aforesaid, and the same may re-purchase of the said company without lettres d'amortissement ; and the said company shall be and are hereby authorized and empowered from and after the passing of this Act, by themselves, their deputies, agents, officers, workmen and servants, to make and complete a Canal, to be called the St. Lawrence and Champlain Canal, from a point on the River St. Lawrence between any part of Lake St. H^j-an^ois and the village of Longueuil, and such point on the River Richelieu or ( n Lake Champlain as may be found most desirable and con- venient for the genera] interests of trade and of the public. Plan of the H. Provided always, and he it enacted, That before 'Che canal, &c., to said company shall break ground, or commence the con- be approved by gtruction of the said Canal, the plan, location, dimensions Limits within which the Canal shall be made. , together r the provi- •oprietors of ri/ecl to be mentioned, rs, ad minis- such share any for car- ig the said orders and hat purpose le of the 5"^ nd by that liall have a id rights of r provisions sue and be vhic'h word iide the land ', and all the ig) for them } Canal and '/cn/,(gpving, whose cen- purchased ctive droits itever,) and s purchased ■sons, bodies grant, bar- lands for the base of the and the said empowered selves, their Its, to make iwrence and !t. Lawrence le village of helieu or ( n •le and con- ihe public. it before *(he ce the con- dimensions and all necessary particulars of the said Cannl, and the tlioGovernw Locks, Bridges and other works therewith connected, and '" Council. the points at which it is to leave the River St. Lawrence, and to enter the Richelieu River or Lake Champlain, shall have been submitted to and received the sanction of the Governor in Council ; and that the said Canal and the Locks and worl'.s thereon shall not be of a less size, depth or sizo of CanoL capacity than the Beauharnois Canal on the River St. &c. Lawrence. Power to the Company to set out and survey lands ncccsBary for their woxks, &c. To get and place mate- rials. in. And be it enacted. That for the purposes of this Act, the said company, their deputies, servants, agents and workmen, are hereby authorized and empowered to enter into and upon any lands and grounds of the Queen's Mr'St Excellent Majesty, not hereinafter excepted, or of any person or persons, bodies politic or corporate or colle- giate, or communities or parties whatsoever, and to sur- vey and take levels of the same, or any part thereof, and to set out and ascertain such parts thereof as they shall think necessary and proper for making the said intended Canal and other works hereby authorized, and all such works, matters and conveniences as they shall think pro- per and necessary for making, effecting, preserving, im- proving, completing, maintaining and using the said in- tended Canal and other works, and to dig, cut, trench, get, remove, take, carry away and lay earth, clay, stone, soil, rubbish, trees, roots of trees, beds of gravel or sand, or any other matters or things which quay be dug or got in making the said intended Canal or other works, on or out of the lands or grounds of any person or persons adjoining or lying convenient thereto, and which may be proper, requisite or necessary for making or repairing the said intended Canal or the works incidendal or relative thereto, or which may- hinder, prevent or obstruct the making, using or completing, extending or maintaining the same, respectively, according to the intent and purpose of this Act; and to make, build, erect and set up, in or upon the said intended Canal or upon their lands adjoining or near the same respectively, such auf^ so many houses, watehouses, toll-houses, watch-houses, telegraphs, or other signals, weighing beams, cranes, steam- engines, or other engines, tow-paths, machines, and other works, as the said Company shall think requisite and con- venient for the purposes of the said Canal ; and also from time to lime to alter, repair, divert, widen, enlarge and extend the same, and also to make, maintain, repair and Bridges and "' other works for To ClVit build!/ >g, ma- chiaery, &c. alter any bridges, passages over, under or through the said intended Canal, and to construct, erect and keep in repair any bridges, arches and other v^orks upon and across any passing streams, &c. ^ i To open quarries. / / y Other works necessary fur the Canal. As little dam- age as possible to be (lone, and comjK'nsa- tion to be made. rivers or brooks for the making, utiirig, maintaining and repairing of the said intended Canal ; and to turn any such brook, river or water-course, and to change its course ; and the said Company, their Agent or Contractort<, shall have the right to enter upon any property f r lands adjacent to the said Canal on which there may be found quarries of stone requisite lor constructing the locks or other works of the said Canal, and to quarry and take stone iherefrom for the said purposes, compensating the owners as hereinafter provided, and to construct, erect, make and do all other matters and things which they shall think convenient and necessary for the making, effecting, extending, preserving, improving, completing of the said intended Cunal and other works, and in pursuance of, and according to the true intent and meaning of this Act, they the said Company doing as little damage as may be in the execution of the several powers to them hereby granted, and making sati>«faction in manner hereinafter mentioned to the owners or proprietors of, or the persons interested in the lands, tenements and hereditaments, water, water-courses, brooks or rivers, res- pectively, which shall be taken, used, removed, prejudiced, or of which the course shall be altered, or for all damages to be by them sustained in or by the execution of all or any of the powers given by this Act ; and this Act shall be sufTicientto indemnify the said Company and their servants, agents or workmen, and all other persons whatsoever for what they or any of them shall do by virtue of the powers hereby granted, subject nevertheless to such provisions and restrictions as are hereinafter mentioned. VI ' Company to IV. And be it enacted. That for the purposes of this Act, take surveys the said Company shall and may by some sworn Land ih *^i'*'d'^ °^ Surveyor for Lower Canada, and by an engineer or engineers through which ^^ ^^"^ to be appointed, cause to be taken and made, sur- the Canal is veys and levels of the lands through which the said intended to be carried Canal is to be carried, together with a map or plan of such and make a - - - ° . .. _• •- ... map and book of reference. Canal, and of the course and direction thereof, " opprow ad hy tbo Ouwffim t -iii Oo w m il) and of the said lands through which the same is to pass, and the lands intended to be taken for the several purposes authorized by this Act, so far as then ascertained, and also a book of reference for ths said Canal, in which shall be set forth a description of the said several lands, and the names of the owners, occu- piers and proprietors thereof, so far as they can be ascer- tained by the said Company, and in which shall be contained every thing necessary for the right understanding of such map or plan; which said map or plan and book of reference shall be examined and certified by the person performing The same to be examined and deposited. taining and rn any such ourse ; and all have the cent to the es of stone orks of the rem for the hereinafter lo all other lenient and preserving, al and other e true intent ny doing as the several tiHfaction in r proprietors lements and rivers, res- , prejudiced, dannages to ill or any of ct shall be eir servants, Usoever for the powers }visions and of this Act, worn Land or engineers made, sur- aid intended )lan of such said lands (Is intended )y this Act, eference for scription of ners, occu- be ascer- }e contained ing of such of reference performing / /»*- the dutiea formerly assigned tu the Surveyor General, or his Deputy, who shall deposit copies thereof in the office of the Prothonotary of(' ' ^rf "* '-f fl—f^' p^'^^^ fur the Dis- trict of Montreal, and also in the office of the Secretary of the Province, and shall also deliver one copy thereof to the said Company, and all persons shall have liberty to resort to such copies so to be deposited as aforesaid, and to moke Copic§ may b« extracts or copies thereof as occasion shall require, paying taken, fiic. to the said Secretary of the Province, or to the said Protho- notary, at the rate of six pence current money of this Pro- vince for every one hundred words ; and the said triplicates of the same plan or map and book of reference so certified, or a true copy thereof, certified by the Secretary of the Province, or by the Prothonotary of the Court of Queen's Bench for the said District, shall severally be and are hereby declared to be good evidence in the Courts of Law and elsewhere in this Province. ^ V. Provided always, and be it enacted. That the said Company shall, at each and every place where the said Canal shall cross any highway, erect and keep good and sufficient draw-bridges to the satisfaction of the Governor in Council, and which shall be kept shut except when vessels are passing, so that the public thoroughfare may be as little impeded as possible ; and shall not in making the said Canal cut through or interrupt the passage on any public road until they shall have made a convenient road passed their works for the use of the public ; and for every day on which they shall neglect to comply with the requirements of this section, the said Company shall incur a penalty of fifty^ shitttngo currency. BridgcB where the Canal ahali crosri high- ways. ^,v. :^V\ ill/ taken. VL And be it enacted, That the lands or grounds to be What quantity taken or used without the consent of the proprietors, for the ff J*"*^ "*y ^ said Canal, and the ditches, drains and fences to separate the same from the adjoining lands, shall not exceed one hundred and fiily yards in breadth, except in places where basins or other works are requu-ed to be cut or made as a necessary part of the Canal, as shewn on the planjipprove4'^ ■- VH. And be it enacted. That the said Company ma) make, carry or place their said intended Canal or works into, and across or upon the lands of any person or party i. , whomsoever in the line ^shewn on the plan aforesaid, (or &\ ' within the distance of five hundred yards from such line, except at the points of entering the rivers aforesaid or Lake Champlain or the Chambly Caaal, where they shall be , Provision fo// deviation, rors in book yi&,ffU // •--♦> ^ Comnuiy may uiie Beaches, &.C., doint{ no dftmage to tho navigation. Proviso as to tho Chombly Canal. -V Proviso : Saving of the rishta uf the Hon. R. Jones. » l»j« > » ^ -'*y»- -. - > (i^.. if--' confined to the line nhown on the said plan), although tho name of such party be not entered in tho eaid book of reference, through error, want of suflicient information, or any other cause, or although some other person or party be erroneously mentioned as tho owner of or party entitled to convey, or interested in such lands. VIII. And be it enacted, I'hat it shall be lawful for the said Company to take, use, occupy and hold, but not to alionate, so much of the Public Beach or Beach Road, or of the land covered with the waters of the rivers or lake which the said Canal may cross, start from or terminate at, as may be required for the wharves and other works of the said Canal, for making easy entrances thereto and other works which they are hereby authorized to construct, doing no damage to nor causing any obstruction in the navigation of the said rivers or lake, an d confo f ming in al l r a spect s to the- pl a n and mod e «f const miot i o w sa n c t iongd a n afo re Bs i d b y - th a fiiov e rno r in acl) Road, or of rs or lake which inote at, as may >rks of tho said nd other works struct, doing no he navigation of H ra»pgcti to the- **" *^ t^Mftf^Ma lii Viir ■Iff UtVIVDBIU TfjT only no ho iw»y 'plmi and iiKule t Hhall be lawful ihe Governor in lions as may bo 1 the Provincial ito the Chambly ver Richelieu or pen, alter and anal as may be )oint where the t to the River pacity than the ways and be it ipany so widen- said Chambly xecute, at their ereby rendered ring the Draw IS over the said 'ter to work and ng it shut at all hat the passage , but they shall the said Draw ng or repairing ided a sufficient onnection with )11 Bridge of the ary Bridge shall be BO placed and kept up an to alTord, in connection with the said Toll Bridge, a convenient and safe pasHogc over the River Richelieu and the said Canal, at all times during the continuance of any such works or repairs. IX. And be it enacted, That tho said Company shall Comitany maj have the power to use, sell, lease, rent or otherwise dispose '""*'' w'*|«'' of, for their sole use and benefit, any water brought by the P"^*-''' "•'• said Canal which may not be i-equired for the purposes thereof, but which may be used or found useful and applicable to drive any machinery in mills, worchouses, manufactories or otherwise, on such terms as they may deem expedient and advisable. X. And be it enacted. That aAor any lands or grounds shall be 3<::t out and ascertained in manner aforesaid, for making and completing the said Canal and other works, 11 nd other the purposes and conveniences hereinbefore mentioned, it shall and may be lawful for all bodies politic, corporate or collegiate, corporation aggregate or sole, com- munities, grevis de substitution, guardians, curators, executors, administrators, and all other trustees or persons whatsoever, not only lor and on behalf of themselves, their heirs and Successors, but also for and on behalf of those whom they represent, whether infants, issue unborn, lunatics, idiots, femes-covert, or other persons or parties, who are or shall be seized, possessed of or interested in any lands or grounds which shall be so set out and ascertained as aforesaid, or any part thereof, to contract for, sell and convey unto the said Company, all or any part of such lands or grounds which shall under this Act be set out and ascer- tained as aforesaid ; and that all contracts, agreements, sales, conveyances and assurances so to be made, shall be valid and ettectual in law to all intents and purposes whatsoever ; any law, statute, usage or custom to the contrary thereof in any wise notwithstanding ; and that all bodies politic or corporate, or collegiate, or communities, and all persons whatsoever, so conveying as aforesaid, are hereby indemni- fied for what he, she or they or any of them shall respect- ively do by virtue of or in pursuance of this Act: Provided alway3, that before the map or plan and book of reference shall be deposited as aforesaid, and before the lands required for the said Canal and works shall be set out and ascertained, it shall be lawful for any party who might under this Act convey any lands to the said Company, if the same were 80 then set out and ascertained, to agree with the Company for the price to be paid for such lands if tliny shall be there- Aftcrany lands liavo to lii'cn But out, nil liodicB cor- |)oriile, &c,, may sell ihvir property therein to tlie Company. Proviso. Parties may before any lands are so set out, agree with the Com- pany as to the p'ice if they he afterwards rcfinirfltl' ^ 10 i i ( Where no jwwer is vested in any party to sell, afixod annual ront to be established. Privilege granted for securing such rent or any purchase money not after so set out and ascertained ; and such agreement shall be binding, and the price agreed upon shall be the price to be paid by the Company for the same lands, if they shall be afterwards so set out and ascertained, within one year from the date of such agreement, and although such land may in the mean time have become the property of a third party ; and possession oi the same may be taken, and the agreement and price may be dealt with, as if such price had been fixed by an award of Arbitrators as hereinafter ment.jned. XI. Provided always and be it enacted, That any body politic, community, corporation or other like party, who cannot in common course of law sell or alienate any lands or gro'i.nds so set out and ascertained, shall agree upon a fixed annual rent as an equivaleni, and not upon a principal sum, to be paid for the lands or grounds so set out and ascertained as necessary for making the said Canal, and other the purposes and conveniences relative thereto and connected therewith ; and in case the amount of sfich rent shall not be fixed by voluntary agreement or compromise, it shall be fixed in the manner hereinafter prescribed ; and all proceedings shall in that cavse be regulated as hereinafler prescribed ; and for the payment of the said annual rent, and every other annual rent agreed upon or ascertained, and to be paid by the said Company for the purchase of any lands, or for any part of the purchase money of any lands which the vendor shall agree to leave in the hands of the said Company, the said Canal and works and the Tolls to be levied and collected thereon shall be, and are hereby made liable and chargeable, in preferenee to all other claims or demands thereon whatsoever, the deed creating such charge and liability being duly registered. 1 1> Agreement with proprie- tors par indivis to a certain extent shall bind the rest. '■Ht XII. Provided always and be it enacted. That whenever there shall be more than one party proprietor of any land or property par indivis, any agreement n;«ide in good faith be- tween the said Company and any party or parties proprietor, or being together proprietors of one third or more of such land or property, as to the amount of compensation for the same or any damages thereto, shall be binding as between the rr-naining proprietor or proprietors />ar inrfm* and the Company ; and the proprietor or proprietors who have so agreed may deliver possession of such land or property to the Company, or empower them to enter upon the same, as the case may be. ■ #:' . ^ I! I! ;reement shal] be the price to , if they shall thin one year gh such land Brty of a third iken, and the uch price had IS hereinafter hat any body s party, who ate any lands agree upon a on a principal I) set out and i Canal, and i thereto and ; of sfich rent ompromise, it ibed ; and all IS hereinafter annual rent, ertained, and [•,hase of any of any lands hands of the I the Tolls to 1 are hereby other claims treating such lat whenever f any land or ood faith be- 38 proprietor, more of such sation for the as between livis and the .vho have so property to the same, as The Company to apply to the owners touch- ing the com- pensation to be paid, &c. Or the mode of estabhshing such compen- sation. How the same sliall be settled when the parties cannot agree. 11 XIII. And be it enacted, That so soon as the said map or plan and book of reference shall have been deposited as aforesaid, and notice of its being so deposited shall have been given during at least one calendar month, in the English and French languages, in at least one newspaper published in the City of Montreal, it shall be lawful for the said Company to apply to the several owners of or parties hereby empow- ered to convey the lands through which such Canal is intended to be carried, or which may suffer damage from the taking ofTnaterials, or from the exercise of any of the powers granted to the said Company by this Act, and to agree with such owners or parties respectively, touching the compensation to be paid to them by the said Company for the purchase thereof, and for their respective damages, and to make such agreements and contracts with the said parties touching the said lands, or the compensation to be paid for the same, or for the damages, or as to the mode in which the said compensation shall be ascertained, as to such parties an4..jthe said Company shall seem expedient ; and in case of disagreement between the said Company and the said owners or parties, or any of them, then all questions which shall arise between them and the said Company shall be settled as follows, that is to say : The deposit of the map or plan and book of reference. Legal effect of and the notice of such deposit, given as aforwid, shall be map and book deemed a general notice to all such parties as aforesaid, °f reference. of the lands which will be required for the said Canal and works. '*' The Company shall serve a notice upcn the opposite Notice to op- party, containing a description of the lands to be taken, or of posif-e party, the powers intended to be exercised with regard to any lands (describing them,) a declaration that the Company are ready Offet. to pay some certain sum (or rent, as the case may be) as compensation for such lands or for the damages arising from the exercise of such power, and the name of a person whom Name of Arbi- they appoint as their Arbitrator if their offer be not accepted, tra'or. and such notice shall be accompanied by the certificate of Certificate of a some sworn Surveyor for Lower Canada, desinterested in Surveyor, the matter, and not being the Arbitrator named in the notice, that the land (if the notice relate to the taking of land) is shewn on the map or plan, deposited as aforesaid, as being required for the said Canal and works, or as being within the limits of deviation hereby allowed from the line of the said Canal, that he knows such land, or the amount of damages likely to arise from the exercise of such powers, and that the sum so offered is in his opinion a fair compensation for such land and for such damages as aforesaid ; and in 12 ■ ( Proviso as to estimate of dainajres. I If the party be absent or un- known. making the estimate for such compensatron, the Surveyor shall, as shall also the Arbitrators hereinafter mentioned, take into consideration and allow for the benefit to accrue from the said Canal to the party to whom compensation is to be made ; and in any ease where the Company shall have given and served the notice aforesaid, it shall be lawful for them to desist from such notice, and afterwards to give new notice with regard to the same or other lands, to the same or to any other party, but the Company shall in such case be liable to the party first notified for all demands and cost3 by him incurred in consequence of such first notice and desistment ; and no change of ownership after the Com- pany shall have given and served the notice aforesaid, shall affect the proceedings, but the p?»rty notified shall be still deemed the owner, excei>t as to the payment of the sum awarded. If the opposite party be absent from the District in which the land ^hall be situate, or be unknown to the said Com- A / t-v <&, ( '^> pany, then upon application to any Justice of th? ^nrfin'n B i mh nr ffirimh Jn%n fn r thn nnid -P nrtrint, ac- companied by such certificate as aforesaid, and by an affida- vit of some Officer of the Company, that such opposite party is so absent, or that after diligent inquiry the party on whom the notice ought to be served cannot be ascertained, such Justice oMialirshall order a notice as aforesaid (but without the certificate) to be inserted at least three times during one calendar month in some newspaper publitihed in the City of Montreal, to be named by such Justice ^aMiaige, in the English Qcjjcaqsh language, or both, in the discretion of such Justice < I ; f I t Party not ac- cepting ofler nor appointing an Arbitrator. Opposite party appointing an Arbitrator. Third Arbitra- tor. If within ten days after the service of such notice, or within one month after the first publication thereof as aforesaid, the opposite party shall not notify to the Com- pany that he accepts the sum offered by the said Company, or notify to them the name of a person whom he appoints as Arbitrator, then any such Justice ,^nr-^ Court s^i^meii'pJivmh, (as in his discretion may be most ' Proviso: War- rant may be had before award on cer- suitable,) to put the said Company in possession, and to put down such resistance or opposition, which such Sheriff or Bailiff, taking with him sufficient assistance, shall accord- ingly do : Provided always, that such warrant of possession may also be granted by any such Justice ««iii4w)ge, upon proof by affidavit to his satisfaction, that immediate posses- sion of the land or power to do the thing in question is ne- tain conditions cessiry to the carrying on of the works of the said Com- pany, the adverse party being summoned by one clear day's notice to appear before such Justice «»4«dge, and the Com- pany giving such security as the said Justice «Nj«}ge shall direct, to pay or deposit the sum to be awarded, with inte- rest from the day on which the warrant shall be granted, and all lawful costs, within thirty days after the award shall be made, such security not being for less than twice the sum offered by the Company in the notice to such adverse party. XV. And be it enacted. That the conipensation awarded ^^ *° claims as aforesaid, or agreed upon by the said Cfompany, and any iands"mi" party who might under this Act validly convey the ands, chased or or then in lawful possession thereof as proprietor, for any taken, lands which might be lawfully taken under this Act without the consent of the proprietor, shall stand in the stead of such land ; and any claim to or hypothec or incumbrance J, K bcc of the and. Proviso. / U Comprnsation upon the said land, or any portion thereof, shall, as against to stand in the the said Company, be converted into a claim to the said compensation or to a like proportion thereof, and if the amount of such compensation exceed twenty pounds, they shall be responsible accordingly, whenever they shall have paid such compensation or any part thereof to a party not entitled to receive the same, saving always their recourse against such party : Provided always, that if the said Com- Proecedings if pany shall have reason to fear any such claims, hypothecs the Compan)' q^ incumbrances, or if any party to whom the compensation fear incum- ^"^ annual rent, or any part thereof, shall be payable, shall brances, or refuse to execute the proper conveyance and guarantee, or claims bv other jf the party entitled to claim the same cannot be found, or ih'^^v* d ^^ unknown to the Company, or if for any other reason the Company shall deem it advisable, it shall be lawful for them • , to pay such compensation into the hands of the Prothonotary l- fey ^^ ^^^ €iaMU>LQM— ni»Jtoo«h4iw>4ha Difitrintw^WMiitiaat, ^ . / y with the interest thereon for six months, and to deliver to / ^^^^^"y^ido said Prothonotary an authentic copy of the conveyance, 'y^ ^^y ; \ or of the award or agreement if there be no conveyance, ^r^ Costs and in- terest, how paid. ,and such award or agreement shall thereafter be deemed to be the title of the said Company to the land therein men- tioned, and proceedings shall thereupo.i be had for the con- firmation of the title of the said Company, in like manner as in other cases of confirmation of title, except that in ad- dition to the usual contents of the notice, the Prothonotary shall state that the title of the Company (that is the con- veyance, agreement or award) is under this Act, and shall call upon all persons entitled to, or to any part of the land, or representing or being the husbands of any parties so en- titled, to file their oppositions for their claims to the com- pensation or any part thereof, and all such oppositions shall be received and adjudged upon by the Court, and the judg- ment of confirmation shall forever bar all claims to the lands, or any part thereof, (including dower not yet open,) as well as all hypothecs or incumbrances upon the same ; and the Court shall make such order for the distribution, payment or investment of the compensation, and for the securing of the rights of all parties interested as to right and justice, ac- cording to the provisions of this Act and to law shall apper- tain; and the costs of the said proceedings, or any part thereof, shall be paid by the said Company, or by any other party, as the Court shall deem it equitable to order ; and if judgment of confirmation be obtained in less than six months from the payment of the compensation to the Prothonotary, the Court shall direct a proportionate part of the interest to be returned to the Company, and if from any error, fault or neglect of the Company it shall not be obtained until after of, shall, as against a claim to the said thereof, and if the twenty pounds, they ver they shall have ereof to a party not ways their recourse iiat if the said Com- I claims, hypothecs m the compensation II be payable, shall ce and guarantee, or cannot be found, or iny other reason the 11 be lawful for them i of the Prothonotary Diitrint liif MirtMft*, ), and to deliver to 7 of the conveyance, be no conveyance, eaffer be deemed to le land therein men- be had for the con- any, in like manner ;, except that in ad- e, the Prothonotary ny (that is the con- r this Act, and shall my part of the land, ' any parties so en- claims to the com- jch oppositions shall Court, and the judg- II claims to the lands, ot yet open,) as well the same ; and the listribution, payment for the securing of •ight and justice, ac- d to law shall apper- eedings, or any part any, or by any other ible to order ; and if less than six months to the Prothonotary, part of the interest to [I any error, fault or e obtained until after 17 Ihe six months have expired, the Court shall order the Com- pany to pay to the proper party the interest for such further period as may be right ; Provided always, that if the amount Proviso : iftlie of the said compensation do not exceed tweniy pounds, the <^o'ni»n«ai>on u • 1 1 .1 n 4 4U _i ■ I uo not exceed same may be paid by the Company to the party in whose £20. possession as proprietor the land was at the time the Com- pany took possession thereof, or to any person who may lawfully receive money due to such party, and proof of such payment, and the award, conveyance or agreement, shall be a sufficient title to the said Company, and shall for ever discharge them from all claims of any other party to such compensation or any part thereof, saving always the recourse of such other party against the party who shall have received such compensation. XVI. Provided always, and be it enacted, Tiiat with Proviso ag to regard to any lands which could not be taken without the tp *V^f "u" consent of some party entitled under this Act to convey the not have been same, or in any case in which the requirements of this Act complied with, shall not have been complied with, and in all cases where land shall have been taken, or damage shall have been done by the Company, without previously complying with the requirements of this Act, the rights of the Com- pany and of other parties shall be governed by the ordinary rules of law. XVII. And be it enacted. That if any land belonging to As to Lands or in the possession of any Tribe or Body of Indians, be ^*''°"S>n^'o taken or any power be exercised with regard to such lands " ""* " "*' by the said Company, compensation shall be made to them therefore, in the same manner as is provided with respect to other parties ; and that whenever it shall be necessary that arbitrators be chosen for settling the amount of such com- pensation, the Chief OlFicer of the Indian Department shall name an arbitrator on behalf of the said Indians, and the amount awarded shall be paid to the said Chief OfRcer for the use of said Tribe or Body of Indians. XVIII. And be it enacted. That all suits for indemnity Actions for for any damage or injury sustained by reason of the powers jp>^f>nni'y and authority given by this Act shall be brought within six '"""^"• calendar months next after the time of such supposed damage sustained, or in case there shall be a continuation of damage, then within six calendar months next after the doing or committing such damage shall cease, and not afterwards. '■-■«¥«■ TW^FIO;- B iyfcSif 'f! i ( ! 1 i. ' '1 1 4 ^ I'l .-, ' 1 C- 18 Penalty on persons ob- •tructinff the uw ot tne C&nal. yC I / XIX. And be it enacted, Thut if any person shall by any means or in any manner or way whatsoever, obstruct or interrupt the free use of the said Canal or the works inci- dental or relative thereto or connected therewith, such person shall for every such ofience incur a forfeiture or penally of not less than ont pound Jive shillings nor ex- ceeding ten pounds currency ; one hplf of which penalty uble and appli- and forfeiture, to be recovered before one or more Justices cable. of the Peace for the District, shall go to the prosecutor or informer, and the other half to Her Majesty, Her Heirs and Successors, and shall be paid into the hands of the Receiver General, and be applied for the public uses of this Province and the support of the Government thereof. How recover Punishment of persons break- ing down, or obstructing or damaging the Canal or works. Company to contribute among them- selves the ne- cessary sums for carrying on their underta- king. Proviso. Books of sub- scription to be opened. XX. And be it enacted. That if any person or persons shall wilfully or maliciously, and to the prejudice of the said Canal or other works authorized to be made by this Act, break, damage or destroy the same, or any part thereof, or any of the houses, warehouses, toll-houses, watch-houses, weigh-beams, ^ranes, vessels, engines, machines or other works or devices, incidental ai.d relative thereto or connected therewith, or do any other wilful hurt or mischief, to or wilfully or maliciously obstruct the free use of the said Canal or works, or shall obstruct, hinder or prevent the carrying on, completing, supporting and maintaining the said intended Canal or works, such pe.'son or persons shall be adjudged guilty of felony, and the Courv by and before whom such person or persons shall be tried and convicted shall have power and authority to cause such person or persons to be punished in like manner as felons are directed to be punished by the laws in force in this Province, or in miti- gation thereof to award such sentence as the law directs in cases of simple larcency, as to such Court shall seem fitting. XXf. And to the end that the said Company may be enabled to carry on so useful an undertaking ; Be it enacted, That it shall and may be lawful for the said Company and their successors, to raise and contribute among themselves, in such proportions as to them shall seem meet ani conve- nient, a competent sum of money for the making and com- pleting the said Canal, and all such other works, matters and conveniences as may be found necessary for making, effecting, preserving, improving, completing, maintaining and using the said Canal and other works : Provided always, that the before mentioned John Young, Jf^rr i goTt - .Stoplro as, BflBJnmin Hftlmon, T.uiher W ; Helt en, J ao ^ n C . Pior e o , Jnhn M Darir|-inn; W^iana Rristowj William Dow, B a b w rt . ( pers the seve exec to t[l( and corp< 19 son shall by any ver, obstruct or the works inci- IherewUh, such r a forfeiture or nllings nor ex- f which penalty or more Justices the prosecutor or ', Her Heirs and la of the Receiver 8 of this Province person or persons cjudice of the said made by this Act, ny part thereof, or es, watch-houses, machines or other lereto or connected or mischief, to or je use of the said der or prevent the maintaining the said or persons shall be ,y and before whom oJ convicted shall 1 person or persons are directed to be pvince, or in miti- a the law directs in Court shall seem Company may be ting ; Be it enacted, jaaid Company and lamong themselves, Im meet an^ conve- U making and com- Iher works, matters tessary for making, Lg, maintaining and (. Provided always. Jonts,. Ttmottiy Follette, CJ[taiifia Seymour, EU-Cbittenderi^ >Xe-£rMmd- -Garrosir, Jctmee-Ije sli e , ' AlfrBd- Hr- P i arc e , Jamea _£ogoF», Uanty H. Umn, R . W i Shorn a an , SrS i K e y e s , ^c^ "C rftm, H . Hoakor, G e o f go E. KinBland , a n d Mi J* Me yew r ^^ '^ ^^jBquires,! o cany m a jority of tUem , shall cause books of /y/Z^e., ^.^^ '^ subscription to be opened at such places as they shall ap- / point, for receiving the signatures of persons willing to become subscribers to the said undertaking, and for this purpose they shall give public notice in some newspapers in the English and French languages, of the time and places at which such books will be opened and ready for receiving signatures as aforesaid, and of tho Bank^y them authorized > *yi i' ' to receive such subscriptions; and evfery person who or '^ / whose Attorney shall write her or his signature in such book as a subscriber to the said undertaking, and pay such deposit as may be required by the said persons or the majority of them on the sum subscribed for, shall thereby become a Member of the said Corporation, and ghall have the same rights and privileges as such, as are hereby conferred on the several persons who are herein mentioned by name as Members of the said Corporation: Provided always, that the Proviso: sum so raised shall not exceed the sum of Five hundred Capital limited, thousand pounds of this Province, in the whole, except as hereinafter mentioned, and that the money so raised shall be laid out and applied in the first place for and towards the payment and discharge and satisfaction of all / ^ ^ ry^ bursement sjor o btaining aiiti passing this Act, JHid fof'^aking Order of chy^^ a/^ till] iijMTiiliiriri 1 estitiMrtea-inriilont-fhowiitOj and all gesonthe "^^ f -7^ I jitber expenses relating thereunto^and all the rest, residue ^^^^ * ' I and remainder of such money for and towards making, com- I pleting and maintaining the said Canal, and other the pur- 1 poses of this Act, and to no other use, intent or purpose * whatever. ^(ify r- VJ >%-t XXII. And be it enacted, That the said sum of Five Capital to bo hundred thousand pounds, currency, or such part thereof as divided into shall be raised by the several persons hereinbefore named, ^^^^ of •**» I and by such other person or persons as shall or may at any I time become a subscriber or subscribers to the said Canal, y, ^ j6^^ ''V- ^ I shall be divided into equal parts or shares of. Jwonty fiv » / A/^j tT^*'< -f jTC- ^ ^urrency, per share ; and that the shares be deemed /t^/t^^*^^^/ [personal estate, and shall be transferable as such ; and that Tote personal / the said shares shall be and are hereby vested in the said P'OF^ty a|«l I several subscribers and their several and respective heirs, lexecutors, curators, administrators and assigns, proportionally Itothe sum they and each of them shall severally subscribe land pay thereunto ; and all and every the bodies politic, |corporatcor collegiate, or communities, and all and every ■ b8 80 Right! of 8hareholderi tu pro/ita, &c. ./I (' n cc Their liabili- ties. If the cat)ital be insutficicnt, the Company may raise a further sum. I ' ■' V...'- ' /.■•-'' Company may borrow a limi- ted sum of money ; /.. peraon or porsonn, their several and respective succesRoriv^ executors, curators, administrators and assigns, who shall severally subscribe and pay the sum of *irT"*y fi-"^ p>...i,».i.. or such sums as shall be demanded in lieu thereof, towards carrying on and completing the said Canal, shall be entitled to and receiv^after the said Ganal shall be completed, the entire and net distribution of the profits and advantages that shall and may arise and accrue by virtue of the money to be raised, recovered or received by the authority of this Act, in proportion lo the number of shares so held ; and every body politic, corporate or collegiate, or community, person or persons, having such properly or shares in the said under- taking, and so in proportion as aforesaid, shall bear and pay an adequate and proportional sum of money towards carry- ing on the said undertaking in manner by this Act directed and appointed. X^III. And be it enacted, That in case the said sum of Five hundred thousands pounds, cnrrency, hereinbefore authorized to be raised, shall be found iusuflicient for the purposes of this Act, then and in such case it shall be lawful for the said Company to raise and contribute amongst themselves in manner and form aforesaid, and in such shares and proportions as to them shall seem meet, or by the admission of new subscribers, a further or other sum of money for completing and perfecting the said intended Canal and other works or conveniences incidental or relative thereto, or hereby authorized, not exceeding the sum of Five hundred thousand pounds, currency ; and every subscriber towards raising such further or other sum of money, shall be proprietor in the said undertaking, and have a like right of voting in respect of his, her or their shares in the said additional sum so to be raised, and shall also be liable to such obligations, and stand interested in all the profits and powers of the said undertaking, in proportion to the sum he, she or they shall or may subscribe thereto, as generally and extensively as if such other or further sum h^d been originally raised as apart of the said first sum of Five hundred thousand pounds, currency ; any thing herein con- tained to the contrary notwithstanding. XXIV. And be it enacted, That (he said Company may from time to time lawfully borrow either in this Province or elsewhere, such sum or sums of money n»t.exceedingetany time one %mtlik part of the amount paid up, as they may find expedient, «id at such rate of interest per annum as they ■may think proper, any thing in the laws of this Province to the contrary notwithstanding ; and may make the bond?, ctive succesRoriY) Higns, who shDll nity.fiva poundi, thereof, towards Ethall be entitled e completed, the advantages that the money to be ty of this Act, in lehl ; and every imunity, person n the said under- lall bear and pay y towards carry- liis Act directed the tfaid sum of y, hereinbefore iifiicient for the case it shall be ntribute amongst d, and in such jm meet, or by ' or other sum of I said intended s incidental or t exceeding the jncy ; and every ar other sum of taking, and have ir their shares in nd shall also be rested in all the in proportion to iribo thereto, as further sum h^d rst sum of Five hing herein con- l Company may this Province or exceeding at any as they may find annum as they this Province to lake the bond?) 21 •li.'lit'niuros iM itllu'i' sicuritiijr tlioy shall (.^raiil lor tli'i >nun-\ Ami fivp-tlio NO l)i'irf)\vi-?(l |i!.iyablu filKcr I'l "urtt-ncy < r in sti-'iliiu!;, {ind M ^'f^'e 'h'l' i'lo- Kijc.li plao<^ or plaoea as the Sli;»nilioltl, ••iiiil III (y aivt? scniii'v on ihe tolln, rovcmirHUKul ,illii/c jiiTpciiy oluio s;iM.I IJo'Mp.'iP.y lor the due pfiyitunt of the suidruins n.ni\ iiw. inUiri'si thereon Jmt no sucli dnbtMituro if )i;iy iblo to berirev rtliiii! bo for u l<^'^» sum tliiin oiu' lmi4iii«d poiiiidw cDiicncy. n>. '■t7yit,^«>.t XXV. Arul Ik; il I'nar.lcil, Tli-il the nurnlttr of vol^s to Vo»:r»< /.f Frr). ^viiich o:ic.ti prnfiiicroc ttf t»|irtr(.'S in the snid inRiortauiii;/ sli::ill prirtur-i .iwor- lit! oiitiilcd on every oc<;a8ic.h when in (.oni'onnity to the. 'I' ^ '^i ilifl nfoviwioiiH of tiii.s Act ihi,' vou?s< «1 thr. Menil)er8 of ""'"''\^ ^'' trio saul (. '.ii'ijiiinv arc lo be givpii, sn;ill rii* in llu.^ proportion t'> th'.; fiurnibi^r of ibrircs bold by li'.m. ibat i- r,) s;i^' '. om*-- - ■v'(>l»«-tir"r any ti'^'fi- ntntitwrittm* t'lvo-^l-tttrei*, j»U-.eatvli linltl»ir or piMj>'riftftr c^X v.':?xy ti\p sh;ir»!n r ml vipwnrds*, shnM have t,'^ft..w»*t*'t*4 ' <»rT?vrr y ♦TVffy^rTtvi?', iiiul .lil Pi- prirlors of Mbaii's Proiiriofor* ruuy voti^ I)y proxy, if tbi'y Mbaj] seo lit, provided tbut k\ic,!i '""i ^'f" '>y pr<.>\y iln produce bom b'.s oonslitii.Mit or coiistitiifntj!. ati l'""'y- ii|);H>inlnient in wrilini';, i;i the words <'r to tlif^ follovviiij;: cl- fi'Ct, tb;it. h to .sav : '^ 1 of '■' one of tilt? Members ol' tluj Si. Lawrence and Chnvipl'dn Form of ny '* Vnniil Companij, i.]o bfrcl)y nominate, constitute and ap- iwi'i'KU'nt jf '« poinl " of to 'i"'''^-^- '' he my proxy, in my nnme, nnd in my abscncij to vote or " five my asHont ordisfsen*. lownv bii'ne-'c<, tnaltor or ihinj/ " roiatiiig to tin; K.iid iinderiaki'ifj;, thatsiinll be TniM-.tioncdor " jM'Ojiosed .'vtany iTioetin() ot'tbo Members of the said Coni- " pai>y, or any oi' tli'Mi,. in s.nch manner as iio the said " shiil! tbir!]< rropcr, Jiccordinu, to liis •• opinion and judfjrn'.'nt, \'or tbe beneiil of the said under- ''• l.akiii;i, or oiiy thin;!; apportainin)^ thereto, fn witnesR '' \\ hereof, I have ^^eveiinto set my hand and %o:)\, thu '< day of '' ii: the year ' '. ." And such vote or votes 1»y proxy srliaU be as valid as if the UueKiio/in lo prinotpnl or principidH hiid voted in persion ; and uhatei, or '^"^ '!wi(ii:aid Company, and be deemed the decision and ;.ioty (.f I lie fr^id Tompany. 1 ! I ^'i SJi.i.'el»t>|(.l«'r» ItKUtetj. Thn fir«t np' nen.l Mi-i'linfr ot" ()).; ifOj n. ftt Moniroul. To olppt ■*. hount 0.1' nine Uua'iitioultoj), X^ VT. Ami hr •.tonnclcd, 'Ih.u n(j Mtmhcr of liif mA Cori;[ iiiiy ^liall bn in any huimium \\linino»;vrr Uuhlc for cr charu'Hl v, itii tlio jinynifuit ot* any ()»;bt or 'l<'iii>inJ 'lii<^ by tli6 nil' I (''(nipaiiv 1 oyoinl i|if rxUMit o!' hu(, ht;r or tht'ir Kbnro intli! Cnpitnl of tlir fuiil C (mpnriv not »i,i ii\i(i. XXV'lf. An.1 lip it pn;u-<0(i,Tliai Un 'irsi iitnioral •VI-'oi. ifiir <'f thr jMi'riihor'-' ol !iic Compfi'iy jor mittir»e tliiii A a in exociUifit), nmy bn liolil ai Morit.n.'il >vhu(U'v\T tuitTtoont (♦harch hf'vt U'oii subHcrilied for, provlJt'U lliaf |iuM\c notice llioriNif li(>>ivc'U (liiriii;; otu' wtek ni ut. Icuvt oiio rieui j>opiii Jiublislinl lit th, Eii^l nil aiul -ii k'U,-.t ono } iihliMU'd iii (he '"reiicli kiriguagi'., aiul Hi^ncd by at Itast tbroc ul'thc subucii- ber^ lo IliC "jiii'l iiiii1»'rtakiii(; luddiiiir runoiiL' llieui iil b.'fis'. M\f. liundi'tJil .-IriiTs; iiiii' at sin'.li waid lJtn»'ial Mvctinj,, the Mcsact fiie businoi^s of tl.e Couq); ri) ., bnt if at any tinif it shall api>rai lo any fis'<; or more \A such Mem- ber* holding topeUier ono hnndred share.- at leapt, that for more oilectually pnttin«: tli'S .Act in exeevnion, a Specifd Ge- neral Mei.-tiii;i, ol' the ^iJ3^n^ll'^9 is neeest-.iry lo le held it sliall be lavvful for si;cTi fn e or nioro of iliom to cauec fifteen day^' notice at Iriirit to be «j;iven !lier<;of \\\ two public nowi^papers as nfoiv.-aid, or in such .naiiner as the Company shuii by any By-Law direct or ^ii)r'o;r,'; «; ocify- ing ia 9i»('h noliea itio Mne an""g»l>« Meetings,) in case of the death, absence, resignation or re- fiiiej/' moval of any person elected a Dii rtor to manage the aflairs of the said Company in manner aforesaid, to appoint an- other or othori) in the room or stead of thoitu of the Directors who may die, resign, or be removed as aforesaid, any thing in this Act to the contrary notwithstanding; but if such ap- poi-itm'nt be not made, such death, absence or resignation shall not invalidate the acts of the remaining Directors. XXIa. And be it enacted, That nt each of the said An- Two Directors ) niittl Meetings of the Members of the said Company, &H«>of '" 'cti'o »«- ^^^ j,^, ihv* said Directors shall retire, the order of retirement of the ""*"y- T ' said first elected Directors being decided by ballot, but the Directors then or at any subsequent time retiring shall lio eligible for re-election : Provided always, that no such Proviso, retirement shall have effect, unless the Members shall at any t;uch Annual Meeting proceed to fdl up the vacancies thus occurring in the Direction. XXX. And be it enacted, That the Directors shall, at Directors to their first (or at some other) Meeting after the day appointed j'f*,V* ^'*''' for the Annual General Meeting in each year, elect one of " ' their members to be the President of the said Company, who shall always (when present) be tho Chairman of, and preside at all meetings of the Directors, and shall hold his otlice until he shall cease to be a Director, or until another President shall be elected in his stead ; and the said Direc- And /ice- tors may in like manner elect a Vice-President who shall Pre««lcnt. act as Chairman in the absence of the President. XXXI. And be it enacted, That any meeting of the said Five Directors / Directors, at which not less than im Directors shall be »<> be a Q"*- ./'^^'^txj present, shall be competent to use and Exercise all and any """' ^ of the powers hereby vested in the Directors of the said Company : Provided always, that no one Director, though Proviso. 110 may be a l*i'oprietor of many shares, shall have more than one vote at any meeting of the Directors, and the Pre- sident or the Vice-President when acting as Chairman, or . / any temporary Chairman, who in case of the absence of Casting vote v the President and Vice-President, may be chosen by the of Chairman, Directors pntsemt, hall, when presiding at a meeting of the Directors in case ot a division of equal numbers, have the casting vote, antl no other ) and provided also, that the 1 •M Proviso : Directors sub- jected to the control of Meetings. Proviso : Acts of a ma- jority to be valid. Directors shall from time to time be subject lo the exami- nation and control oi'the said Annual and Special Meetittgs of the said Members as aforesaid, and shall pay due obedie.ice to all By-laws of the Company and to such orders and directions, in and about the premises, as they shall from time to time receive from the said Members at such Annual or Special Meetings ; surh orders and directions not being contrary to any express directions or provisions in this Act contained : And provided also, that the Act of any majority of a quorum of the Directors present at any meeting regularly held shall be deemed the act of the Directors. No contractor, XXXII. Provided always, and be it enacted. That no &c., to be a person concerned or interested in any contract or contracts, Director. under the said Company, shall be capable of being chosen a Director, or of holding the office of Director. Three auditors to be appointed yearly to audit all accounts. Power of the Directors to make calls. ill // i?^-,-. Proviso : Calls, how to be made. Other powers of the Direc- tors, XXXIII. And be it enacted. That every such Annual Meeting shall have power to appoint not exceeding three Auditors to audit all accounts of money laid out and dis- bursed on account of the said undertaking, by the Directors and Managers and other officer and officers to be by the said Directors appointed, or by any other person or persons whatsoever, employed by or concerned for or under them, in and about the said undertaking ; and to that end, the said Auditors shall have power to adjourn themselves over from time to time and from place to place, as shall be thought convenient by them : and the said Directors chosen under the authority of this Act, shall have power from time to time to make such call or calls of money from the Proprietors of the said Canal and other works, to defray the expense of, or to carry on the same, as they from time to time shall find wanting and necessary for those purposes : Provided how- ever, that no call do exceed the sum of fttrn pounds current money of this Province, for every share i>f .^onty fi v e po u n ds cuircncy ; and provided also, that ne calls be made but at the distance of at least three calendar months from each other : And the said ""birectors shall have full power and authority to dh-ect and manage all and every the affairs of the said Company as well in contracting for and purchasing lands, rights and materials for the use of the said Company, as in employing, ordering and directing the work and work- men, and in placing and removing managers, officers, clerks, servants and agents, and in making all contracts and bargains touching the said undertaking ; and to affix or authorize the Secretary or his Deputy to affix the Common Seal of the Company to any act, deed, by-laws, notice or other document whatsoever ; i»nd any such act, deed, by-laws, notice or ^d the exani'i- il Meetings pay due 1 to such ?, as they embers at 1 directions ovisions in Act of any ny meeting :ctors. , That no contract?, ig chosen a ch Annual eding three it and dis- le Directors by the said or persons nder them, ind, the said !s over from be thought losen under time to time roprietors of pense of, or e shall find vided hovv- nds current - fi v e pa u n ds made but at ! from each power and he affairs of ] purchasing d Company, k and work- leers, clerks, and bargains uthorize the Seal of the er document 'Si notice or '< "S'''* Canal or un.i._Mlal(iti<: to s<'!I or iliMiosJO of h',s, Uer ov liieir share "''^y 'J'=*P"»*^ ^'f or shares ihcn'in, aubject to the riiles and conduioiis herein .^-^^1 j ^vv, mt'n1i)iiel ; Jirid ivrrv purchaser sti;;ii! have \\ duplicate of i--f,f,grer to be the deed of bar^fain and pnlf and cor be kept by the 8a u^. Secretary fovthai Vrnpi^s.', Un \vhi».h" no nh>re Oi.iu one hitiii'U and ilire»; jjciice yho.ll i.e. paiJ, ■^u^^ the sai.i Se'-.retiirv ih lienbv i-eqiiired toiiiaku yui:heliu-y acoiixl'mglv ; and until such .lu[«ljcai«:: of euch deed shall bo do doiivered to tiie waid Direciora of their Secreiury, nnd filrd !\fiil t-raered ^'s ahouu dirifcied, sui,i) ))uichaser or inircliasoi> shall iiavr no pM.t, oi' t^Wak ot the pvofita of Iho said undertaking, nor ■v.■!^ iiuen^yl for the said shaiv or '.-hares, paid iiiito him, he.r or CnaUy n.i ;n.iy vote •■M a (MoyrieU)!' or pro)H'iel.uisi. F0T711 i-f tin transler ot fj.aroh. The tonii. ProviFo : XXX'\ll).,. And iHMt fiiaf fted, h;:i1 the '-Sue of llio f'aid. f hares n;. [dl he i:i the (oria Uillowir!;:, \nvying the liuinob ui 'iscrijtl lOflK )f' u le coniractiiiiX [lailics at tl !: istt niiiy re;j\u ro L A. B. IVl • :ori>?idcration of ■Slim of paid to !iif! h\ C, D., ot <'do hereh' h^u'uaiii, sell and tranrder [<• the said C D. sb.nre ((" »li<»re ^) oi th tiiT'Ch d' the .^7. Lawrch (o.nd Ckmnplain Canal Covipany^h hold to hi 10 the ^aid C. D., his li,:drr<, e;.ccutoi:^ curat- ^rs, <'■ administrators and assiiin'?, sulij.'ct. to tlie sanic ni!'-;.* ana litioiiF that 1 held the .vauif^ onicrs, and on the same cotv •'■ iiiirot.'diatoly hetbre the execution h'-MCl'. And T, -lie » '«C. D., do hcrehy agiv<- to accept of the '-aid "i. tor thai instidtnc;nt;« den >ine dicrcon .Dirtctor.'; niay uripi)int a 'J r'.-a.suror Clerks, &:a D,itv of the Clerk. XXX (X. And be it eri:.(t:;d, Tbr;i n -haii and maybe i.^.p.)int a law'idloand for the. said Dlrectore., and they are herei)/ •Jr',-a,suroi- and authorixed to nouftuato iind appoint thfj Tiankers, Seer 'ary, Trc-iwtner, Solieit-.r and Sevvantri of the said Couipany, taking auoh secnrity for thc5 due execution of th ;ir ri.'spoctive cSieeri ast ihe said l.i'uiMMor* shall think proper :. and iri proj->i-!r hooks .'•hail be kept a trie and pern.cl y<'count ot the names and places of abode of the W'-veral rnember.s of the «ajd Company, and of the sevenil per-'oiri whosbai' iVoni time to ♦inie ne«o»ne owners and proprietors of, oriiiiibed to any share oi rdiares dteroin, and of all the acts, proceedings and t.anHacfiona of th'o said. Company and of 'be Direelors hr thotane bv m?. l.i'^ vivtU'' oi" and tonier tb»: authority of this Aet. iccinircd .|>iical«;.' of Irs !»• tiieir jui!, Huiib (are oC tlic It the s:\id :iiiy \ote ■)( the Bnid i.n' r\'M\': and !il the isame III T, the !S!;.((1 , Ol(L,r;i 11A(1 IS « ihoro :-j1ui1) be ; Ivcpi loi' thai due vhcreoii ;(iiil niiiy be ; arc hcreijy i-n, St'cr ';n'y, id Couipaay, ;ir respcclivf.'. and iti proper of tha Duines I of the said :\1! 'Von I time iitiUed to auy fieodings niui Diieclorp U r i-koritv of this Company may cstalilish Tolls on the Canal. How recover- ed if not duly paid. 29 XL. And ^e it enacted, That it shall and may be lawful to and for the said Company from time to time, and at ail limes hereafter, to ask, demand, take und recover, to and for their own proper use and behoof, for all passengers, goods, wares, mercliandize and commodities, of whatever description, transported upon the said Canal, or vessels using the same, such Tolls as they may deem expedient ; which said Tolls shall be from time to time fixed and regulated by By-laws of the Company, or by the Directors if thereunto authorized by the said By-laws, and shall be paid to such person or persons, and at such place or places near to the said Canal, in such manner and under such regulations as the said Company or the said Directors shall direct and appoint; and in case of denial or neglect of payment of any such rates or dues, or any part thereof on demand, to the person or persons appoint- ed to receive the same as aforesaid, the said Company may sue for and recover the same in any Court having competent jurisdiction, or the ])crson or persons to whom the said rates or dues ought to be paid, may and he is, and they are hereby empowered to seize and detain such ves-sels, goods, wares, merchandize or other commodities, for or in respect whereof such rates or dues ought to be paid, and detain the same until payment thereof: and in the meantime the said vessels, goods, wares, merchandize, or other commodities shall be at the risk of the owner or owners thereof ; and the said Com- pany or the said Directors shall have full power, from time to time, at any General Meeting, to lower or reduce all or any of the said Tolls, and again to raise the same, as often as it shall be deemed necessary for the interests of the said undertaking ; Provided always, that the same Tolls shall be payable at the same time and under the same circumstances upon all vessels, and goods, and upon all persons, so that no undue advantage, privilege or monopoly may be afforded to any person or class v{ persona by any By-law relating to the said Tolls. XLI. And in order to ascertain the amount of the clear Account of profits of the said undertaking ; Be it enacted. That the profits to be said Company, or the Directors for managing the affairs of up""'^certain * the said Company, shall and they are hereby required to periods, cause a true, exact and particular account to be kept and semi-annually made up and balanced to the first day of January and the first day of July in each year, of the money collected and received by the said Company, or by the Directors oj* Managers and Servants of the said Company, or otherwise for the use of said Company, by virtue of . this Act, and of the charges and expenses attending the erecting, making, supporting, maintaining and carrying on ' Seizure of goods, &c. Tolls may be lowered and again raised. Proviso : against mono • poly. ■U'i ■■ I. Dividends to Iw made from time to time. Proviso. Capital not to be iuipaircd. i '! m ' Fractions in distance of wcigiit calcu- lated. irl Tables of Tolls to be publicly affixed. Proviso as to services to the government. SO their works, and all other receipts and expenditure of the said Company or the said Directors ; and at the Greneral Meetings of the Members of the said Company, to be from time to time holden as aforesaid, a dividend shall be made out of the clear profits of the said undertaking, unless such meetings shall declare otherwise ; and such dividend shall be at and after the rate of so much per share upon the several shares held by the Members of the said Company, as such meeting or meetings shall tliink fit to appoint or determine: Provided always, that no dividend shall be made whereby the capital of the said Company shall be in any degree reduced or impaired, nor shall any dividend be paid in respect of any share, after a day appointed for payment of any call for money in respect thereof, until such call shall have been paid. XLII. Provided always, and be it enacted. That in all cases where there shall be a fraction of a mile in the dis- tance which vessels, goods, wares, merdiandize, or other commodities or passengers shall be conveyed or transported on the said Canal, such fraction shall in ascertaining the said rates be deemed and consiilered as a whole mile, and that in all cases where there shall be the fraction of a ton in the weight of any such goods, wares, merchandize or other commodities, a proportion of the said rates shall be demanded and taken by the said Company, to the number of quarters of a ton contained therein ; and in all cases where there shall be a fraction of a quarter of a ton, such fraction shall be deemed and considered as a whole quarter of a ton. XLIII. Provided always, and be it enacted. That the said Company shall from time to time print and stick up, or cause to be printed and stuck up in their olTice, and in all and every of the places where the Tolls arc to be collected, in some conspicuous place there, a printed board or paper ascertaining all the Tolls payable under this Act. XLIV. Provided always, and be it enacted, That any enactments which the Legislature of this Province may hereafter deem it expedient to make, with regard to the exclusive use of the Canal by the Government at any time, or the carriage of Her Majesty's Mail or Her Majesty's Forces and other persons and articles, or the rates to be pa'd for fprryip;: *^<^ same, or in any way respecting the use of ;.f:y llirttijc 1 - ;^>rap!'; or other service to be rendered by the Company to the Government, shall not be deemed an infniigement of tlie privileges intended to be conferred bv thin Act. di .^'''^•s ^Oh ai le re of the General o be from be made less such id shall be several as such etermine ; whereby ny degree paid ill yment of call shall That in all in the dis- e, or other (ran sported 'taiiiing the ; mile, and L. And be it enacted, That if any action or suit shall bo brought or commenced against any person or persons for any thing done or to be done in pursuance of this Act, or irr the execution of the powers and authorities or of the orders and directions hereinbefore given or granted, every such action or suit shall be brought or commenced within six calendar months next after the fact committed ; or in case there shall be a continuation of damage, then within six calendar months next after the doing or committing such damage shall cease, and not afterwards. As to contra- Lt. And be it enacted. That any contravention of this venlion of this Act by the said Company or by any other party, for which Act not other wise punish- able. Her Majesty may assume the Canal on certain condi- tions. no punishment or penalty is herein provided, shall be a misdemeanor, and shall be punishable accordingly ; but such punishment shall not exempt the said Company (if they be the offending party) from the forfeiture of this Act and the pri- vileges hereby conferred on them, if by the provisions thereof or by law the same be forfeited by such contravention. LII. And be it enacted. That Her Majesty, Her Heirs and Successors may at any time aftof fiftooifjaam -from the complete construction of the said Canal assume the posses- sion and property thereof, and of all the 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 the said Company, (all which shall after such \ -"^ /" 'jt ^ ^ . / ^t s OMumption be vested in h n* . ^^J^ ^ t^ '/" /' / Z^ aaidCor'"" *' "'"^e h^^^^^^^^ ^^^^ notice ^V',^ /X..._/..^, LIfl. And bfi t ' • yi^< Cr{ f ™en,i„ J i •• -f^ «.e_^ map „ p^ , UJt^,^ ^J^fi^.. S o- ?'™'' Si. Lawrenc, ,„ TT^. ""« "''J Canal ^''^"'■[Orihi. ftrer Kicheiieu in mIZr r ''"'* Champhin or ihe '^^ •« "» «<*!. and book o. reference h*. „ !' ^ " ^'^^ s^'d map or nian - «-d e,ghteen ^1 or i^h'"''?'?'^ deposite'dwifi "le said Company be n,! u *^® "'''^''e of the Stock of -«ntu,n therecfn paiS up L^"^'??^^ ^"'^ ^' 'ea't ten pe' Po«e« of thl« Ac^ SepoTif J •"" "^P""*^^^ ^^' ^he pKr- B!»nks ,n this Province with^"*,." ''*"'« chartered Bank or «^ this Act, or if the saTd r" *^•*^«. y^^'^ ^om the passing ompleted within the pelod 0?'^ ''''" "'^^ ^« ^'^ "'^d' and' ^y /he public ag afow^safd^K ^ ^^ars, so as to be used 2 «very n.atter Zuttt.y^''''^ «nJ be utterly null and 3. *^^'^'" ^^m^^ned, shalPceas^- ^«^*>*^. orany part thereof to thip ''''^"'"e of the said Canal r°"P'«"oHie ^^""^ attested uVrth"o'tr ''*"'^'k ^"'' P^'-""' " an J expended under and h?/ -1 '"''"^^^ '^J' ^hem received ^^f statement of the aloLl' r"f ''^ '^"^ ^''^ ^^'^^ a clas- Pa-^'^engers and freight that h, ?"'^' '""^ ""^'^^ ^^«««''^^ ««'d Canal ; and no f, rfh ""^ ^^^" conveyed alona the 2 Wler It'ti h7e;7d'r tL''?^''^ 'T^'^^^- ^-'^^' P-'- such account, or the modpfr ^ ^^ form or details of ««"« my be jame, shall be deemed nn-r-^'*'"^ **'" ■"^''^ering the '"'^'■ hereby granted toihe Com" "/""^'"'"^ ""' ''' P^W' LV And h • ;hallaVectorL?orsSt?alcTtn"' ^"^'" contained Savin, of Her whatsoever, the rights of Hp^ m^ ' " xt"^ ""^""^r or way MajestyV c^'ssors, or of any peraon or 1 'J'''^' ?^' ^^^'' ^"^ Sue- "g^'s, L. •corporate or coLE slh T'' ^' ^^^^^ ''^^'^^ Po'itic, mentioned. "^""^S'**^' «"«h on'y excepted as are herein c V AVf A.,i I / ' t li What muit b« done before commencing operationa. LVI. And be it enacted, That the 9aid Company shall not proceed to break ground or commence the construction of the said Canal until shares to the amount of two hundred thousand pounds shall have been taken in the Capital Llock of the said Company, and ten per cent, thereon shall have been paid into the hands of the Treasurer or Banker of the * • ' » ' •- said Company, nor until the said election of Directors herein- before in that behalf provided shall have been held. Company not LVII. And be it enacted, That nothing herein contained .'xempted from shall be construed to except the Canal by this Act authorized Canariaw! *^ ^ made, from the provisions of any general Act, which may be passsd during the present or any future Session of Parliament, and no further provision which the Legislature of the Province may make for the enforcing any of the pro- visions of this Act, or for protecting, the public or the right of private parties, shall be deemed an infringement of the rights of the said Company. Public Act. ##* » LVIII. And be it enacted. That this Act shall be deemed and taken to be a Public Act, and as such shall be judi- cially taken notice o( by all Judges, Justices of the Peace and others, without being specially pleaded. MONTREAL: Printed by Stewart Dehbishire & Georoe ■ Desbakats, Printer to the ClueenV Most Excellent Majesty. i^ompany shall le construction f two hundred ) Capital i.lock uon shall have Banker of the irectors herein- 1 held. 3rein contained Act authorized al Act, which iiie Session of ;he Legislature ny of the pro- lic or the right gemert of the hall be deemed shall be judi- i of the Peace RE & Georqe lent Majesty. f -'' '^"'i