4l STATUTES AND ENACTMENTS imwm K.\ILWA\S HAVING liEFERENCE TO THE NORTH SHORE RAILWAY OF THE PROVINCE OF QUEBEC CANADA oV«io *y^mt-itr- - ' ■ -f^i^ •«^r i- ^ OUKl EC PHINTKH iJY Ai:r,rSTIN COTR .V (> 187-2 i i • ^ BIBLIOTHEQVE # * MINT=.5VLPICE^NTiJ' m;i)/«iuiiiiMH»i..,i.......... # "4^ ■ ^ J STATUTES AND ENACTMENTS CONCERNlNi; H\1L\VA\S U.WlNi; REFEKENfE TD THE NORTH SHORE RAILWAY ; *, OF THE PROVINCE OF QUEBEC CANADA ■ * • « ' ..V • PRINTED BY AUGUSflN GOTfi A C» 1872 .«.-.' ■'t^ -f>: . .^ REMARKS. Pa^e 1.— Chai)ter G6, Consolidated Statutes of Canada, i^^ the general railway act, which, with its amendments, govern the North Shore Kailway Company in all matters,, not varied or excepted by the " North Shore Railway Act," and the acts amending said last mentioned act. Pa i)o bodies the intentions and objects of this Act and of the Speciar""'!'"''''"'"^'- Act therefor, and which are incident to such Corporation, iis are expressed or included in " the Interpretation Act." 14, 15 V. c. 51, s. 8. 4, POWERS. J). The Company shall have power and authority : Powers : Firsthj. To receive, hold and take all voluntary grants Tn ro«-eiv(> and donations of land or other property made to it, to aid ^'J*^." " ""' ' in the construction, maintenance and accommodation of the Railway, but the same shall be held and used for the purpose of such grants or donations only ; 14, 15 V. c. 51, s. 9. Secendly. To purchase, hold and take of any Corporation Purchase or person any land or other property necessary for the '"' ' construction, maintenance, accommodation and use of the Railway, and also to alienate, sell or dispose of the same ; Third/?/. No Railway Company shall take possession of, (^ceuvy public use or occupy any lands vested in Her Majesty, without J^'^J'^*'^"*'^''*^*' the consent of the G-overnor in Council ; but with such consent any such Company may take and appropriate for the use of their Railway and works, but not alienate, so (S> Cap. 6G. Raihoays. 22 ViCT. much of the wild lands of the Crown lying on the route of the Railway, as have not been granted or sold, and a.s may bo necessary for such Railway, as also so much of the- pul^lic beach or of the land covered with the waters of any l^ake. River, Stream or Canal, or of their respective beds, as is necessary for making and completing and using their said Kailway and AVorks, ])ut nothing in this sub-section contained, shall apply to the thirty and thirty-first para- graphs of the eleventh section of this Act. 14, 15 V. c. 51, s. 0, No. 3,— IG V. c. 169, s. 8. Carry Railway Four I HI ij. To make, carry or place the Railway across "■'■""'^'''"'^""^ or upon the lands of any Corporation or person on the Corporations, -i •,.■,-,-. .-, and others; 1"^*^ oi the Railway, or within the distance from such line stated in the Special Act, although through error or other cause, the name of such party has not been entered in the Book of Reference hereinafter mentioned, or although some other party has been erroneously mentioned- as the owner of or entitled to convey, or is interested in such, lands ; And across or FiflhJij. To coustruct, maintain and work the Railway along streams, , , i. , ji^^j across, along, or upon any stream oi water, water course, canal, highway or railway which it intersects or touches ; but the stream, water course, highway, canal or railway so intersected or touched, shall be restored by the Com- pany to its former state, or to such state as not to impair its usefulness ; Complete Sixth'y. To make, complete, alter and keep in repair the EailvTiiy with .-, . ., , n -i , i , ono or nioro railway With ouc or more sets of rails ov tracks to bo tricks, ka ; workod by the force and power of steam, or of the atmos- phere, or of animals, or by mechanical power, or by any combination of them ; Erect nocos- Seventhly. To erect and maintain all necessary and »iry ui - convenient buildings, stations, depots, w^harves and fixtures- ings, wnarvos, _ . > x 7 Ao., and from time to time to alter, repair or enlarge the same, and to purchase and acquire stationary or locomotive engines and carriages, waggons, floats and other machinery and contrivances necessary lor the accommodation and use of the passengers, freights and business of the Railway ; 1859. Railways — Plans and Surveys. Cap. QQ. 7 Eightly. To make branch Railways, if required and pro- BmnchRaii- vided by the Special Act, and to manage the same, and for^"^^' that purpose to exercise all the powers, privileges and authorities necessary therefor, in as full and ample a manner as for the Railway ; Ninthly. To construct, erect and make all other matters ah otber and things necessary and convenient for the making, ex-j,\'jj^^'jjgj,g^_ tending and using of the Railway, in pursuance of and ac- .«ary for iiaii- cording to the meaning and intent of this Act, and of the'^^y Special Act ; Tenthly. To take, transport, carry and convey persons Convoy por- and goods on the Railway, to regulate the time and manner """ '^"'^ s""'^'* in which the same shall be transported, and the tolls and compensation to be paid therefor, and to receive such tolls and compensation ; Eleventhly. To borrow from time to time, either in this Borrow money Province or elsewhere, such .'Aims of money as may be ex- °' pedient for completing, maintaining and working the Railway, and at a rate of interest not exceeding eight per cent per annum, and to make the Bonds, Debentures or orher securities granted for the sums so borrowed, payable either in currency or in sterling, and at such place or places within this Province or without as may be deemed advis- able, and to sell the same at such prices or discount as may be deemed expedient, or be necessary, and to hypothe- cate, mortgage or pledge the lands, tolls, revenues or other property of the Company for the due payment of the said sums and interest thereon, biit no such debenture shall be for a less sum than one hundred dollars ; Tivelfthly. To enter into and upon any lands of Her Ma- Enter upon jesty without previous license therefor, or into and upon ^^^^^ ^c^, ^ ^ the lands of any Corporation or person whatsoever lying in the intended route or line of the Railway ; Thirteenthly. To make sur ' ys, examinations, or other Make surveys necessary arrangements on such lands necessary for fixing °"'^"'^'' ' the site of the Railway, and to set out and ascertain such parts of the lands as are necessary and proper for the Rail- way ; 8 Cap. 66. Railways — Plans and Surveys. 22 TiCT. Remove trees. Unite with other Rail- ways. Provision ro- speoting sur- veys nnd levels. Fourteenlhh/. To fell or remove any trees standing- in any v.oods, lands or forests, where the Railway passes, to the distance of six rods from either side thereof ; Fifteenthly. To cross, intersect, join and unite the Railway with any oth-^r Railway at any point on its route, and upon the lands of such other Railway, with the necessary con- veniences for the purposes of such connection ; and the owners of both Railways may unite in forming- such inter- section, and grant the facilities therefor; and in case of disagreement upon the amount of compensation to be made therefor, or upon the point or manner of such crossing- and connection, the same shall be determined by Arbitrators to be appointed by a Judge of one of the Superior Courts in Lower Canada or Upper Canada, as the case may be. 14, 15 v., c. 51, s. 9, No. 15, See 22 V., c. 4, s. 2. 5. PLANS AND SURVEYS. 10. Plans and Surveys shall be made and corrected as follows : 14, 15 V. c. 51, s. 10, Firstly. Surveys and levels shall be taken and made of the lands through which the Railway is to pass, together with a Map or Plan thereof, and of its course and direction, and of the lands intended to be passed over and taken therefor, so far as then ascertained, and also a Book of Re- ference for the Railway, in which shall be set forth— 1. A general description of the said lands ; 2. The names of the owners and occupiers thereof, so far as they can be ascertained ; and 3. Every thing necessary for the right understanding of such Map or Plan : Secondly. The Map or Plan and Book of Reference shall be examined and certified by the person performing the duties formerly assigned to the Surveyor G-eneral or his Deputies, who shall deposit copies thereof in the Office of the Clerks of the Peace in tlie Districts or Counties through which the Railway passes, and also in the Office of the Provincial Secretary, and shall also deliver one copy thereof to the said Company ; 1850. Rnilways — Plans and Surveys. Cap. 6Q. 9 Tln'rdlf/. Any person may resort to snch copies, and make extracts or copies thereol', as occasion requires, paying- to the Provincial Secretary, or to the Chnks of the Peace, at the rate of ten cents for every hundred words ; Fourthly. The triplicates of such 'v[ap or Plan and Book of Re. "cnce so certified, or a true copy thereof ct'rtilied l)y the Pro.-ncial Secretary, or by the Clerks of the Peace, shall be good evidence in any Court of Law and elsewhere ; Fifthly. Any omission, mistatement or erroneouf. descrip- Omission? how tion of such lands, or of the owners or occupiers tht>r»>of, ''"'""'^''"'^' in any Map or Plan or Book of Keference, may, alter giving ten days' notice to the owners of such lands, be corrected by two Justices on application made to them for that pur- pose, and if it appears to them that siich omission, mistate- ment or erroneous description arose from mistake, the Jus- tices shall certify the same accordingly ; Sixthly. The Certificate shall state the particulars of any such omission, and the manner thereof, and shall be depo- sited with the Clerks of the Peace of the Districts or Coun- ties respectively in which such lands are situate, and be kept by them along with the other documents to wliich they relate ; and thereupon such Map or Plan or Book of Reference shall be deemed to be corrected according to such certificate ; and the Company may make the Railway in accordance with the Certificate ; Seventhly. If any alterations from the original Plan or Alterations Survey are intended to be made in the line or course of''*"" ''""'e""*' survey* the Railway, a Plan and Section in triplicate of such alter- ations as have been approved of by Parliament, on the same scale and containing the same particulars as the original Plan and Survey shall be deposited in the same manner as the original Plan, and copies or extracts of such Plan and Section so far as relate to the several Districts or Counties, in or through which such alterations have been authorii^ed to be made, shall be deposited with the Clerks of such Districts and Counties ; Eighthly. Until such original Map or Plan and Book of i^'i''way not Reference, or the plans and sections of the alterations, have cocded'vTth 10 Cap. 6a Hail waijs— Lands and iheir Valuation. 22 ViCT. 2^!2Z:''-'^''''' f deposited, the execution of the Railway, or of the part thereof alfected by the alterations, as the case may be, shall not be proceeded with ; Polce to rt" ^i'''Jtl>/. The Clerks of the Peace sha^i receive and retain ceivo copies of the copies of the ori^^inal Plans and Surveys, and copies of original ,.,a„, the Phuis and Sections of alterations, and copies and ex- tracts thereof respectively, and shall permit all persons in- terested to inspect any of the documents aforesaid, and to make copies and extracts of and from the same, under a penalty for delault of four dollars ; Copies corti- flod by Clerk to bu good evidence in Courtid. Line not to deviate more than a mile. ^ Tenthly. The copies of the Maps, Plans and Books of Reference, or of any alteration or correction thereof or ex- tracts therefrom, certified by the Clerk of the Peace, shall be received in all Courts of Justice or elsewhere as good evidence of +he contents thereof, and the Clerk of the Peace shall give such certificate to all parties interested when required ; Eleventhly. No deviation of more than one mile from the line of the Railway or from the places assi^yned thereto in the said Map or Plan and Book of Reference or Plans or Sections shall be made into, through, across, under or over any part of the lands not shewn in such Map or Plan and Book of Reference, or Plans or Sections, or within one mile of the said line and place, save in such instances as are provided for in the Special Act ; 8on entered in *^^ ^^"^« ^^ '^^^Y pe^sou ou the line, or withiu the distance a Book of Re- from such line as aforesaid, although the name of such forence. person has not been entered in the Book of Reference through error or any other cause, or although some other person is erroneously mentioned as the owner of or entitled to convey, or is interested in such lands ; fandTlo'L '^^'i't^'^i^'^y- The lands which may be taken without the taken without ^^^^^^^^ ^^ ^^^ Prop^etor thereof, shall not exceed thirty oonsentofpro-yards in breadth, except in places where the Railway is pnetor. raised more than five feet higher, or cut more than five feet deeper than the surface of the hne, or where offsets are established, or where stations, depots or fixtures are in- 1859. Raifnuup — Lands and their Valuation. Cap. 6G. 11 tended to be erected, or goods to be delivered, and then not more than two hundred yards in length ])y one hun- dred and lifty yards in breadth, without the consent of the person authori^^ed to convey such lands ; and the places at which such extra breadth is to be taken shall be shewn on the Map or Plan, or Plans or ^Sections, so far as the same may be then ascertained, but their not being so shewn shall not prevent such extra breadth from being taken, provided it be taken upon the line shewn or within the distance aforesaid from such line ; Fourteenth/ ij. The extent of the public beach, or of the Extent of land covered with the waters of any river or lake in this i'"''"" '^o"*"'* Province, taken ibr the llailway, shall not exceed the quantity limited in the next preceding clause ; 14, 15 V. c. 51, s. 10. 6. LANDS AND THEIR VALUATION. II. The conveyance of lands, their valuation and the compensation therefor, shall be made in manner following : 14, 15 V. c. 51, s. 11. FirsUy. All Corporations and persons whatever, tenants Corporation, in tail or for life, areves de svlnlititlion, guardians, curators, '""'/"'^f """" ' • ' '^ ' voy lands. executors, administrators, and all other trustees whatso- ever, not only for 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, \f\.\otB, femes-cover t , or other persons, seized, possessed of or interested in any lands, may contract for, sell and convey unto the Company all or any part thereof; and any con- tract, agreement, sale, conveyance and assurance so made, shall be valid and efiectual in law to all intents and pur- poses whatsoever ; and the Corporation or person, so con- veying, is hereby indemnified for what he or it respectively does by virtue of or in pursuance of this Act ; Secondly. Any contract or agreement made by any party Effect of con- authorized by this Act to convey lands, and made before ''■"°'* '"'"^° . , •' J ' boforo uoposit the deposit of the Map or Plan and Book of Reference, and of map. before the setting out and ascertaining of the lands re- quired for the Railway, shall be binding at the price agreed 12 Cap. 66. Rnihnnifn — Plans and their Vuhinlion. 22 ViCT. Tipoii for the same lands, if they are afterwards so set out and ascertained within one year from tlie date of the con- tract or agTeinnent, and altliough such hind may, in the mean time, have become the property of a third party ; and possession of the hind may be taken and the as,reement and price may be dealt witii, as if such price had been lixed by an award of Arbitrators as hereinafter provided, and the ag'reement shall be in the place of an award ; Ci rporations Thirdly. All Corporations or persons who cannot in who cnnnot comuiou coursc of law Sell or alienate any lands so set oiit «oll,mayagroo ^ • i i n r i i i^ uiionafixod J'nd ascertained, shall agree upon a iixed annual rent as rent. au equivalent, and not upon a principal sum, to be paid for the lands ; and if the amount of the rent is not hxed by voluntary ai^reement or compromis(>, it shall be fixed and all proceedings shall ])e rejj^ulated in tlie manner herein prescribed ; and for the payment of the said annual rent, and every other annual rent ag-reed upon or ascer- tained, and to be paid for the purchase oi any lands, or for any part of the purchase money of any lands, which the vendor agrees to leave unpaid, the Hallway and the tolls thereon shall l)e liable and chargeable in pre- ference to all other claims and demands ihereon what- soever, the deed creating such charge and lial)ility being duly registered in the Kegistry OlFice of the proper county ; As to proprio- Fourih/i/. Whenever there is more than one part\^ pro- tor /jnr indivia. .,',,,.. . prietor ot any land as jonit tenant or tenants m common, or par indivis, any contract or agreement made in good faith with any party or parties proprietor or being together proprietors of one third or more of such land, as to the amount of compensation for the same or for any damages thereto, shall be binding as between the remaining pro- prietor or proprietors as joint tenants or tenants in com- mon and par indivis ; and the proprietor or proprietors who have so agreed, may deliver possession of such land, or empower the entry upon the same, as the case may be ; After one Fifthly. After one month from the deposit of the Map or ""'" ^"°!,°^Plan and Book of Reference, and from notice thereof in at or deposit of ' map, &0., ap- least One newspaper, if there be any, published in each of plication to the |.}jg j)jgtj.jcts and Couuties through which the Railway is owner of lauds. •.■,■,. ti- ^ iin intended to pass, application may be made to the owners 1859. Railwai/s — Lands and Iheir Vnlnnilon. Cap. 6G. lo of iiuids or to parties ompowerctl to convoy lauds, or inte- rested in laiuLs which may sullor damage from the takinj^ of materials or the exercise of any of the powers granted for the Riiilway, and thereupon, agre«'nients and contriicta may bi; ma(h? with such parties touc^iiiiig the (said hinds or the compensation to h(; paid for the same, or for the damages, or as to the mode in which such compensation shall be ascertained, as may seem expedient to both par- ties, and in case of disagreement between them, or any of them, then all q\iestions which arise between them, shall be settled as follows, that is to say : Sixtlif//. Tlu! deposit of a Map or Plan and Book of nci)osit,.tc.,to Reference and the notice of such deposit, shall be deemed ''." «"""''' ""' , . Uco. a general notice to all such parties as aforesaid of the lands which will l)e required for the said Uaihvay and works ; Seventh///. The notice served upon the party shall ^^"''''•-' '" "!'" , . iiDsit iiarty. contain : 1. A description of the lands to be taken, or of the powers intended to be exercised with regard to any lands, d'^scribing them ; 2. A declaration of readiness to pay some certain sura or rent, as the case may be, as compensation for such lands or for such damages ; and 3. The name of a persoii to be appointed as the Arbi- trator of the Company, if their oiler be not accepted ; and such notice shall be accompanied by the certificate of a sworn surveyor for Upper Canada or Lower Canada, as the case may be, disinterested in the matter, and not being the Arbitrator named in the notice : 1. That the land, if the notice relate to the taking of land shewn on the said map or plan, is required for the Enilway,' or is within the limits of deviation hereby allowed ; 2. That he knows the land, or the amount of damage likely to arise from the exercise of the powers ; and 3. That the' sum so offered is, in his opinion, a fair com-- pensation for the land, and for the damages as aforesaid. 14 Cap. (JG. Railwai/s~Lands antllh'ir Valuation. 22 ViCT. Tftho party bo Ei'^hlhl I/. If the opposito pntty is ahsoiit from tho District awntorun- ^^ Countv ill whicli tlin hiiuls lio, or is unknown, then, iipoii iipplicntion lo a .liui'ji' ol Ihc! Circuit Court, or ol llu! County Court, as the i-asa tnai/ he, accoiiipanicil hy such Cortilicato as aloresaid, and by an allidavit of sonio oiliciT of the Company that \]io opposite party is so absent, or that, after diligent eiujuiry, the party on wliom the notice ouii'ht to be served cannot be ascertained, the Juduc shall order a notice as aforesaid, but without a Certilicate, to l)e inserti'd three tinu's in the course of one month in some newspaper pul)lishod in the said District or County ; Party not ao- Nhilhlij. If withiii ten days after tho service of such Cmn'i'.ain'r "otice, or withiii one month after the first pul)licatiou oiVcT, iirui not tlicreof as aforesaid, the opi)ositt' party does not notify to "I'l;"'"""" "" the Company his acceptance of the sum ollcred by them, or notily to them tho name of a person whom he appoints as Arbitrator, then tho Judii-e shall, on the application of the Company, appoint a 8worn Surveyor for Upper or Lower Canada, as tho case may be, to be solo Arbitrjitor for determinin*^ tho compensation to be paid as aforesaid ; Appointmont Tenflil//. If tho opposit«» party within the time aforesaid, «f arbitrator, j^otiiios to the Company tlu^ name of his Arbitrator, then by o]i|)Osit "^ party. tho two Arbitrators shall jointly appoint a third, or if they cannot agree upon a third, thou the .Tudg'e shall, (m the application of the party or of the Company (previous notice of at least one clear day having been given to tho other party), appoint a third Arbitrator ; Third arbitra tor. Duties of arbi- Eleventhl,//. Tlio Arbitrators, or any two of them, or the '^'^ ""■ solo Arbitrator, being sworn before some Justice of the , Peace for the District or County in which the lands lie, faithfully and impartially to perform tho duties of their ofRce, shall proceed to ascertain tho said compensation in such way as they or he, or a ma,jority of them, deem best, and the aw^ard of such Arbitrators, or any two of them, or of tho sole Arbitrator, shall bo final and conclusive ; But no such award shall be made or any oilicial act be done by raich majority, except at a meeting held at a time and place of which the other Arbitrator has had at least one clear day's notice, or to which some meeting at which the third Arbitrator was present, had been adjourned ; and 1850. RaUwaifx—Lnnda nml their Vafunfion. Cap. 00. 15 no notice to eitluT of tho parti(\s shall he noeossvry, hut each party nhall ho hold suliioiontly notify throui-h tho Arhitrator appointocl by him, or whoso appoint moiit ho ro([uin.'(l ; Tirelfthlif. If in any case where throe Arl)itrators have Co«ts how been appointed, the sum awarded is not s^reater than that'"" " ollered, the costs of the Arbitration shall bo ])orne by the opposite party, and be deducted from the compensatif»n, but if otherwise, they shall be borne by the C-ompany, and in either case tht^y may, if not aL^reed upon, be taxed by the Judge aforesaid ; T/iirfei'ufh///. The Arbitrators, or a majority of them, or ArMtratora the sole Arbitrator, may examine on oath or solemn ;,i[|j..""»y '-''"""'"• mation the parties, or such witnesses as voluntarily appear Ix'lbre him or them, and may administer such oath or atlirmation ; and any wilfully false statement made by any witness, under such oath or alHrmation, shall be deemed wilful and corrupt perjury, and puiiisha))le accordingly ; Fourleenthlf/. The Judge ])y whom any third Arbitrator Timo within or sole Arbitrator is appointed, shall at the same time, lix ^^''"■'' "'^'"'^ a day on or before which the award shall be made, and if the same is not made on or before such day, or some other day to which the time for making it has beenprolonu-ed, either by the consent of the parties or by the order of the Judge (as it may be for reasonal)le cause shewn, on the applicauon of such sole Arbitrator or of one of the Arbi- trators after one clear day's notice to the others), then, the sum ofl'ered by the Company as aforesaid, shall be the compensation to ])e paid by them ; Fifteentlily. If the Ar])itrator appointed by such Judge, Arbitrator dy- er if any Arbitrator appointed by the parties, dies before '°^' '^'°' the award has been made, or is disqualified, or refuses or fails to act within a reasonable time, then, in the case of the Arbitrator appointed by the Judge upon the applica- tion of either party, such Judge being satisfied by afiidavit or otherwise of such death, disqualification, refusal or failure, may appoint another Arbitrator in his i)lace, and 'the Company and party respectively may each appoint an 10 Cap. GG. Rnihiuijjs — Lunris nml flicir Vn/nn/ion. 22 ViCT. Arhitrator in tho phico ol his Arhitrator (ircoascd or (tthcr- wise not acting as albrt'snid, hut no roconnni'nct'nicnt or ropotitiou ol" prior proci'cdingH whall be roquirod in any case ; Company nwiy SLi/eenJ/it//. An} snch notirc for lands, as aforesaid, may (ie«i»t i.uyiug be desisted lioni, and new notice piven, with reyard to COBtS. Ill the same or otlier hinds, to the same or any other party, hut in any such case, the liability to the; party lirst notilied for all damages or costs hy him incurred in consequence oi' such lirst notice and desistment, shall subsist ; ArbitrntoM not Sfvenieenfh/i/. The Surveyor or other person oflered or (184I1I11IOI appointed as Valuator or as Arhitrator, shall not be dis- goniiiiy into- qualified by reason that he is prol'essionally employed by routed. either party, or that he has preA'iously expressed an opinion as to the amount ol" compensation, or that he is related or of kin to any member ol' the Company, provided he is not himseir personally interested in the amount ol the com- pensation ; and no cause of disqiudilication shall be urged against any Arl)itrat()r appointed by the Judge after his appointment, but the objection must Ix; nuide before the appointment, and its A-alidity or invalidity shall be sum- marily determined by the .ludge ; Nooi.jcction Eii^/itfentlif//. No cause of disqualification shall be urged admissiiiio against any Arbitrator aiiiiointcd by the Company or by after a third ^f .f „ ^/ . / ^ ,. , • '\ . .. arbitriitorims tlio opposite party alter the api)onument oi a third Aroi- bocn np- trator ; and the validity or invalidity of any cause of pointed. disqiialification urged against any such Arbitrator, before the appointment of a third Arbitrator, shall be summarily determined by the Judge, on the application of either party, after one clear day's notice to the other, and if such cause is determined to be valid, the appointment shall be null, and the party oiiering the person so adjudged to be disqualified, shall be held not to have appointed an Ar- bitrator ; Awards not Ninr.teeuthhj. No award made as aforesaid shall be inva- Bvoi(C( (ir lij.,^^^^^ from any want of form or other technical objection, Want ot liinii. •' ' ' if the requirements of this Act have been complied with, and if the award state clearly the sum awarded, and the lands or other property, right or thing for which such sum 1859. Raihrnt/x — Lnmln nml (In'r Vnhtalion. Cnp. 60. 17 is to hot tho compenHiiHon ; nor shiiU it ho necessary that the party or parlies to whom tho sum is to be paid, be iiumed in the award ; Ttfu'ufiffhli/. Upon pnyraput or h's^al tender of the com- powomIm, pensation or annual rent so awarded or a trreed upon as '""y *'" •'»'"'" juoresaid to the party entith'd to receive the same, or upon t,„„i,,r^ .\,,._ „f the deposit of the amount of such comi>ensation in the «uin awnr.iod. manner hereinafter mentioned, th(« award or agreement shall vest in the said Company the power forthwith to take pessession of the lands, or to exercise the right, or to do the thinfr I'or which such compensation or annual rent has been awarded or airreed upon ; and if any resistance or forcibli^ opposition be made by any person to their so doing", the Judge may, on proof to his satisfaction of such award or agreement, issue his Warrant to the Sherill'of the District or County, or to a IJailill", as he may ri ' '^ ' ,Vr., Willi consont of tho Company, he shall for every such oii'enco cattio, .ve, forfeit a sum not exceeding- forty dollars, and shall also I)ay to the party aggrieved all damages sustained thereby. 14, 15 V. c. 51, s. 13. IK No person oth':'r than those connected with, or or wuikinj,' employed by the Railway, shall walk along the track ti>o'0""- thereof, except where the same is laid across or along a Highway. 14, 15 V. c. 51, s. 13, No. 1. 10. AVithin six months after any lands have been taken iJividing and for the use of the Railway, and if thereunto required by ii„j, ivjrKnii. the proprietors of the adjoining lands respectively, but way irum not otherwise, the Company shall, at their own costs and I""^''''"""^'"*^ charges, set and make on the lands so taken, and from time to time, maintain and sujiport and keep in repair, a sufficient post or rail, hedge, ditch, bank or oIIku- fence sulficient to keep off hogs, sheep and cattle and thereby divide and separate and keep constantly divided and separated such lands from the lands or grounds adjoining thereto. 14, 15 V. c. 51, s. 13, No. 2. 9. TOLLS. 90. Tolls shall be from time to time fixed and regulated Toils in bo by the By-laws of the Company, or by the Directors, ii-f'-^eJi'y By- thereunto authorized by the By-laws, or by the Share- ^vIsq. holders, at any general meeting, and may be demanded and received for all passengers and goods transported upon the Railway or in the Steam Vessels to the under- taking belonging, and shall be paid to such persons and at such places near to the Railway, in such manner and under such regulations as the By-laws direct. 14, 15 V. c. 51, s. 14. 21. In case of denial or neglect of payment on demand now payment of Tolls— enforoud. of any such Tolls, or any part thereof, to such persons, the "' ^""^ same may be sued for and recovered in any competent Court, or the Agents or servants of the Company may seize the goods for or in resi:)ect whereof such tolls ought •.to be paid, and detain the same until payment thereof ; 24 Cap. 66. Railways— Tolls, Sfc. 22 YiCT. and ill the moaiitime the said goods shall l)e at the risk of the owners thereof. 14, 15 V. c. 51, s. 14. When if tolls 22. If the tolls are not paid within six weeks, the not puid, goods QQj^pg^jjy j^j^^y j,,>]| ^]^y whole or any part of siich goods, be" sold? ""^^ and out of the money arising from such sale retain the tolls payable, and all charges and expenses of such deten- tion and sale ; rendering the surplus, if any, or such of the goods as remain unsold, to the person entitled thereto. 14, 16 V. 0.51, s. 14. When goods 2JI. If any goods remain in the possession of the Com- distraiued or pany unclaimed for the space of twelve months, the bo sold. ' ' Company may thereafter, and on giving public notice thereof by advertisement for six weeks in the Canada Gazelle, and in such other papers as they deem necessary,, sell such goods by public auction at a time and place to be mentioned in such advertisement, and out of the proceeds thereof pay such tolls and all reasonable charges for storing, advertising and selling such goods ; and the balance of the proceeds, if any, shall be kept by the Com- pany for a further period of three months, to be paid over to any party entitled thereto. 14, 15 V. c. 51, s. 14. How balance SJ I. lu default of sucli balance being claimed before the to be disposed expiration of the period last aforesaid, the same shall be paid over to the lieceiver General, to be applied to the general purposes of the Province, until claimed by the party entitled thereto. 14, 15 V. c. 51, s. 14. Tolls— how 25. All or any of the tolls may, by any By-law, be raised— or ro- reduced and again raised as often as deemed necessary for the interests of the undertaking ; Provided that the same tolls shall be payable at the same time and under the same circumstances upon all goods and by all persons,^ so that no undue advantage, privilege or monopoly may be afforded to any person or class of persons by any By- laws relating to the tolls. 14, 15 V. c. 51, s. 14. A fraction of 26. In all cascs, a fraction in the distance over which a unio to bo jy^Q^g qj. passeugcrs are transported on the Railway shall considered as° ^ ° *• , c • n a whole one in be Considered as a whole mile ; and for a fraction of a ton charging tolls, jj^ ]\^q weight of any goods, a proportion of the tolls shall 1859. Railways — President, Directors, SfC Cap. 60. 25 be demanded and taken, according to the number of quarters of a ton contained therein, and a fraction of a quarter of a ton shall be deemed and considered as a whole quarter of a ton. 14, 15 V. c. 61, s. 14. *Z7. The Directors shall, from time to time, print and Table of toiig stick up, or cause to bo printed and stuck up, in the!"''"/'"'''''.'!' ■^ ^ ■'in uUioes ana office, and in all and every of the places where the tolls onra. are to be collected, and in every passenger car, in some conspicuous place there, a printed board or paper exhi- biting all the tolls payable, and particularising the price or sum of money to be charged or taken for the carriage of any matter or thing. 14, 15 V. c. 51, s. 14. 2S. No tolls shall be levied or taken until approved of Toils to bo ap- by the Governor in Council, nor until after two weekly ''^"\': " ^ •' _ ' , •' the Governor. publications in the Canada Gazette of the By-law establish- ing such tolls, and of the Order in Council approving thereof. 14, 15 V. c. 51, s. 14. See 10, 11 V. c. 63, s. 14. 99. Every By-law fixing and regulating tolls shall be The Governor su1)ject to revision by the Grovernor in Council from time '»ay revise By- to time, after approval thereof as aforesaid ; and after an tonj. Order in Council, reducing the tolls fixed and regulated by any By-law, has been twice published in the Canada Gazette, the tolls mentioned in such Order in Council shall be substituted for those mentioned in the By-law so long as the Order in Council remains unrevoked. 14, 15 V. c. 51, 8. 14. 10. GENERAL MEETINGS. JIO. The Shareholders may assemble together at general Sharohoidors meetings for purposes connected with or belonging to the '""^^ ''"'^ ^°* undertaking, and at any annual general meeting, and may jngs. elect Directors in the manner provided by the next suc- ceeding clause. 14, 15 V. c. 51, s. 15. 11. PEESIDENT AND DIRECTORS — THEIR ELECTION AND DUTIES. SI. A Board of Directors of the undertaking to manage Board of Di- its afTairs, the number whereof shall be stated in the''°°'°"- Special Act, shall be chosen annually by a majority of the to voto. 26 Cap. 66. Rni/irni/x — President, Direelors, ^r. 22 ViCT- Shiin'holdors votincf at such oloction at a irtMicval mt'cliii!^, the time and place lor which nhall ])o appointtHl ])y tho Special Act, and if such election is not held on the day so appointed, the Directors shall notify and cause such elec- tion to he held within thirty days after the day appointed. 14, 15 V. c. 51, s. 16. Whoontitiod 3!!i. On the day so notified, no person shall ]>e admitted to vote except those who would haA'e been entitled to vote had the election be held on the day when it ought to have been held. 14, 15 V. c. 51, s. 16. Vacancies how gjj. Vacancies in the Board of Directors shall be hllod to bofiuociui,. jj^ ^j^g manner prescribed by the By-laws. 14, 15 V. c. 51, 8. 16. Who quniificti JM. No pcrsou shall be a Director unless he is a Stock- to bo a Ui- holder, owniu"' stock absolutelv in his own ria-ht, and (lua- rcctor. . . , . ■' . . . lilied to rote for Directors at the election at which he is chosen. 14, 15 V. c. 51, s. 16. Calling of ppo- JW. The method of calling i,^eneral moetina-s, and the ciai meetings, ^ime and place of the lirst meeting of Stockholders for the appointment of Directors, shall be determined and settled in the Special Act. Votes to bo in •*^- I'hc number of votes to which each Shareholder proportion to shall 1)6 entitled on every occasion when the votes of the * '"'^^' members are to be given, shall be in the proportion to the number of shares held by him, unless otherwise provided by the Special Act. Shareholders 37. All Shareholders, whether resident in this Province may vote by ^^ elsewhere, may vote by proxy, if they see fit ; Provided that such proxy produce, from his constituent an appoint- ment in writing, in the words or to the etlect following, that is to say : I, , of , one of the Shareholders of the , do hereby appoint , of , to be my proxy, and in my absence to vote or give my assent to any business, matter or thing relating to the said undertaking, that may be mentioned or pro- posed at any meeting of the Shareholders of the stud Com- 1850. Rnilwnyi — President, Direrfors, iSfc. Cap. 66. 27 pany, or any of them, in such inaniior as h«', tlu> said , tliinks proper. In witness whereol', I have hereunto set my hand and seal, the day of , in the year li^. Tlie votes })y proxy shall be as valid as it' the prin- v.ito.s by cipals had voted in person ; and every matter or thini>- '"'"1'^ '" *" . . valiu. proposed or considered in any pul>lic meetinu' oi" the Shareholders shall be determined by the majority of votes and proxies then present and y'iven, and all decisions and acts oi' any such majority shall bind the Company, and be deemed the decisions and acts of the Company. J8i>. The Directors first appointed, or those appointed in Tonn of c.nieo their stead, in case of vacancy, shall remain in olhce until "' '^"''^"''"^''• the next annual el(>ction of Diret'tors at the time ap[)ointed therefor, at which time an annual ;;>eneral ineetiui^' of the Shareholders shall be held to choose Directors for the eii- suini'' year, and generally to transact the business of the Company. ^10. In case of the death, absence or resiu'uation of any ViU'imcics how of the Directors, others may be appointed in their stead ])y ""I'l''''-"'- the surviving Directors ; but if such appointment be not made, such death, absence or resignation shall not inva- lidate the acts of the remaining Directors. 14, 15 V. c. 51, s. 16. 48. The Directors shall, at their first or at some other Proiidont. meeting, after the day appointed for the annual general meeting, elect one of their number to be the President of the Company, who shall always, when present, be the Chairman of and preside at all meetings of the Directors, and shall hold his ollice until he ceases to be a Director, or until another President has been elected in his stead ; and they may in like manner elect a Vice-President, who shall Vico-Prosi- act as Chairman in the absence of the President, 42. The Directors at any meeting at which not less Quorum. than a quorum, to be settled by the Special Act, are present, shall be competent to use and exercise all and any of the powers vested in the Directors. 43. The act of a majority of a quorum of the Directors Aots of majo- 28 Cap. G6. Railways — President, Directors, t^c. 22 ViCT. rity to bind the preseut at any meeting regularly held, shall be deemed the *'*'''''• act of the Directors. Ibid., a. 16, No. 7. Caitingroto. 'II. No Director shall have more than one vote at any meeting except the Chairman, who shall, in case of a division of equal numbers, have the casting vote. bo diibjoiit to '^*^- ^^^ Directors shall be subject to the examination shareh..i(iorn and control of the Shareholders at their annual meetings, and By-law*. ^^^^ ^m subject to all By-laws of the Company, and to the orders and directions from time to time made at the annual or at any special meetings, such orders and directions not being contrary to any express directions or provisions of this Act or the Si)ecial Act. Cmnpan/can- '*®- ^^ person holding any office, place or employment not bo Direct- [n or being concerned or interested in any contracts under or with th ' ' "ompany, shall be capable of being chosen a Director, or of holding the oifice of Director, " nor shall any person being a Director of the Company enter into, or be directly or indirectly, for his own use and beneht, in- terested in any contract with the Company, not relating to the purchase of land necessary for the Railway or be or become a partner of any contractor with the Company ; and no contracts for works of construction or maintenance of Railways, except works '^ ordinary repair, or of imme- diate necessity, shall be entored into until after tenders for such works respectively have been invited by public no- tice therefor, given for at least four weeks in some news- paper published in the place nearest to the work required to be done ; but no Company shall be compelled to accept of any such tender ; and in the event of any such contract made since the thirtieth of June, one thousand eight hun- dred and fifty-eight, or made after this Act takes effect, by or on behalf of any Director, an action shall lie in any Court of Common Law, or other Court of competent juris- diction against such Director, at the suit of any Share- holder or Stockholder of the Company, for the benefit of the funds thereof, for the whole amount of profit accruing to such Director from the Contract so made or fulfilled." 14, 15 V. c. 51, 8. 16, No. 8.-22 V. c. 4, s. 1. By-laws for 47. The Directors shall make By-laws for the manage- 1859. Raihmi/s— Calls. Cap. 66. 29 ment and disposition of the stock, property, business and ""in"K<"nont atlairs of th«' Company, not inconsistent with the hiws of" ' "" ' this Province, and for the appointment of all olhcers, ser- vants and artificers, and prescribing their respective duties. Ibid., 8. 16, No. 0. 12. CALLS. 4N. The Directors may from time to time make such Cniii. calls of money upon the respective Shareholders, in respect of the amount of Capital respectively 8u))scribed or owing by them, as they dec^m necessary, and thirty days' notice at the least shall be given of each call, and no call shall exceed the prescribed amount determined in the Special Act, or be made at a less interval than two months from the previous call, nor shall a greater amount be called in, in any one year, than the amount prescribed in the Special Act. Ibid., No. 10. 49. All notices of meetings or of calls upon the Share- Notice of holders of the Company shall be published weekly in the ""ootingd how Canada Gazette, and the said Gazette shall, on production^" thereof, be conclusive evidence of the sufficiency of such notices. Ibid., No. 24. no. Every Shareholder shall be liable to pay the amount Payment of of the 'call so made in respect of the shares held by him"""''""'''''" 1 1 • 1 1 n • made. to the persons and at the times and places trom time to time ai^pointed by the Company or the Directors. •51. If before or on the day appointed for payment, anyintoreot to be Shareholder does not pay the amount of the call, he shall chargeable on be liable to pay interest for the same, at the rate of six -per ""'"'' centum per annum, from the day appointed for the pay- ment thereof to the time of the actual payment. Sa. If at the time appointed for the payment of any Amount of oaii call, any Shareholder fails to pay the amount of the call, may bo rooo- he may be sued for the same, in any Court of Law or ^"'^'"^ ^^ '""' Equity having competent jurisdiction, and the same may be recovered with lawful interest from the day on which the call became payable. 53. In any action or suit to recover any money due what formaii- 30 Cap. GG. Railwai/n—CnJh. 22 VicT. lici nocoMiiry upon any call, it. whull not he nt'cossary to set I'ortli the In nctioni for j,p,.^.i„i „miter, l)ut it sliiill l.i' snllicit'nt to tlfclan' that tho Dt'lcndunt ih tho holder oi ono shiiro or nioro, Mi:itin<^ the nuiahor oi' «lmrt»8, and In indobtod in tho sum of nion«!y to which tho chIIh in arroar amount, in rospoct oloui' call or more upon ono sharo or mor(>, Nliitint? tho number and amount of oach of such calls, whereby an action had accrued to the Company by virtue of thti Special Act. Cortinoatoof HI. Tlio Certificate of Proprietorship of any sharo shall proprict-Mhip |^^, admitted in all Courts, as /niniu facie evidence of the primil j'lti'ie ' i • • . evidoiice. ti^l^' "' '^^y k^hart'hoidor, his executors, administrators, successors or assigns, to the share therein speciUed. !i!i. But the want of such Certilicato shall not prevent the holder oi' any share from disposing- thereof. Penalty for ro- 5«. Any poTsoiis neg-lectiui^ or refusing to pay aratealde fusai to pay gj^.^j.,, qJ' ^\^^ ^alls as aforesaid, for tht; space of two mouths ai'tor tho time appointed for the payment thereof, shall forfeit their respective shares in the undertaking", and all the profit and beneiit thereof ; all which forfeitures shall go to the Company for the beneiit thereof. Forfeitnro of HT . No advantage shall be taken of the forfeiture, unless share to bo ^|^p samo is dechirod to be forfeited at a (leneral Meeting" ta^u of only ^^ ^^^^ Company, assembled at any time after such forfeiture at a general luCUrrcd. meeting;. Effect of forfei- *i^. P]very siTch forfeiture shall be an indemnification to turoas to Ha- ^^d for evory Shareholder so forfeiting against all actions, suits or prosecutions whatever, commenced or prosecuted for any breach of contract or other agreement betw^eeii such Shareholder and the other Shareholders with regard to carrying on the undertaking. Directors may •5!>. The Directors may sell, either by public auction or son forfeited pvivate Sale, and in such manner and on such terms as to auction,^ them Seem meet, any shares so declared to be forfeited, and also any shares remaining unsubscribed for in the Capital Stock of the Company, or pledge such forfeited or unsubscribed shares for the payment of loans or advances made or to be made thereon, or of any sums of money borrowed or advanced by or to the Company. 1850. Railwayx—Calls. Cap. CO. \M r»'c»>ipt ol" th»! TroasuriT for "'"""• the price of such shan's, shnll c()M>titntt> au()(>rest Tor the lime Ix'iuo-^ as the Share- holders paying such sum in advance and the Company agree upon ; but such interest shall not be paid out of the Capital subscribed. <5*3. The Directors shall cause to be kept, and annually nirootnrn to on the thirtv-lirst day of December shall cause to be made^"""° """"" •' ■' _ ftecounta to be up and balanced, a true, exact and particular account of kept. the money collected and received by the Company, or by the Directors or Managers thereof, or otherwise, for the ■use of the Company, and of the charges and expenses at- tending the eretiting, making, supporting, maintaining and carrying on of the undertaking, and of all other receipts and expenditures of the Company or the Directors. <»3. At the general meetings of the Shareholders of the Declaration of undertaking, from time to time holden, a dividend shall ^'"^''"'^' be made out of the clear proiits of the undertaking, unless such meetings declare otherwise. 32 Cap G6 Railwam^Calh. 22 ViCT. At so much 04. Such dividend shall be at and after the rate of so per share. much per sharc upon the several shares held by the Share- holders in the stock of the Company, as such meeting think fit to appoint or determine. Dividends not IJ5. No dividend shall be made whereby the capital of to impair the ^^iQ Company is in any degree reduced or impaired, or be paid thereout, nor shall any dividend be paid in respect of any share, after a day appointed for payment of any call for money in respect thereof until such call has been paid. Directors may G6. The Directors may, in their discretion, until the sumrcaiTed up R^il^'O'i^l IS Completed and opened to the public, pay interest in respect of at any rate not exceeding six dollars per hundred dollars shares. pgj. amium, ou all sums called up in respect of the shares, from the respective days on which the same have been paid, such interest to accrue and be paid at such times and places as the Directors appoint for that purpose. No interest on i\7 . No interest shall accrue to the proprietors of any share upon which any call is in arrear in respect of such shares or any other share to be holden by the same Share- holder while such call remains unpaid, nor shall any in- terest be paid or taken from the capital subscribed. May appoint 68. The Directors shall from time to time appoint such officers. Officers as they deem requisite, and shall take sufficient security, by one or more penal Bonds, or otherwise, from the Manager and Officers for the time being, for the safe keeping and accounting" by them respectively of the moneys raised by virtue of this Act and the Special Act, and for the faithful execution of their offices, as the Directors think proper, Vico-Presi- QQ j^ case of the absencB or illness of the President, the absence of ^^® Vice-President shall have all the rights and powers of the President, the President, and may sign all Notes, Bills, Debentures, anc other Instruments, and perform all acts which by the Regulations and By-laws of the Company or by the Acts incorporating the Company are required to be signed, per- formed and done by the President. Absence of 70. The Dircctors may at any meeting require the Se- , "^"^'Z" '""^cretary to enter such absence or illness among the proceed- be entered in V or Shares in arrear. 1859. Raihoays — Shares and Transfer, Sfc Cap. 6G. 33 ings of such meeting, and a Certificate thereof signed by tho minutes, the Secretary shall be delivered to any person or persons '^"'^ «crt'fio» 6. 43 thoroof to tho piiblic, and ^^•ith^n tho first lifttH'ii days 'ui'i'iittod tu after tho opoiiino- of each St'ssion of tho Provincial Par lia- ''"«*"'"'""• ment, an account shall be annually submitted to the three branches of the Let^Mslature, containinir a detailed and particular account, attested upon oath of the President, or in his al)senceof the Vice-President, of the moneys received and expended by the Company, and a classilied statement of the passengers and goods transported by them, with ail attested copy of the last annual statement. 14, 15 V. c. 51, n. 22. I14». No further provisions which the Legislature may Variation in hereafter make with regard to the form or details of such '""""' ^'"'"l'* _ '~ _ may bo luauo. account or the mode of attesting or rendering the same, uhall be deemed an infringement of the privileges hereby granted to the Company. 14, 15 V. c. 51, s. 22. 117. If the construction of the Kail way be not com- t«" por cent. monced, and ten per cent, on tho amount of the capital be Jhi'thiTthroo not expended thereon, within three years after the passing yoart from of the Special Act, or if the Kailway is not linished and •:"•''"'« f, . . PI • n 1 Special Act. put in operation in ten years from the passing of svich Special Act, the corporate existence and powers of tho Company shall cease. 14, 15 V. c. 51, s. 22. 118. The Legislature of this Province may from time to when Pariia- time reduce the tolls upon the Eailway, but not wnthout '"""' ""^y consent of the Company, or so as to i>roduce less than Kniiways. fifteen per cent, per annum profit on the capital actually expended in its construction ; nor unless, on an examina- tion made by the Commissioners of Public "Works of the amount received and expended by the Company, tho not income from all sources, for the year then last passed, is found to have exceeded fifteen per cent, upon the capital 80 actually expended. Ibid. 119. No person shall be entitled to carry or to require As to goods of the Company to carry upon their Railway, aqua fortis, oil °- :'.3 of the municipality, before the Commissioners Court or Circuit Court within the jurisdiction of which such fence, road or water course may be, and the service of the summons upon any clerk or officer in charge of the section of the Railway within the said jurisdiction, or at the near- est depot of the Railway, shall be good service upon the Company. Ibid. Special Act to ISJI. Every Special Railway Act shall be a Public Act. bo u public Act. And may dig- 124. The Legislature may at any time annul or dissolve solve any Cor- g^ corporatiou formed under this Act; but such disso- poration i i n od under lutioii shall uot take away or impair any remedy given. lormod this Act. against any such corporation, its shareholders, officers or servants, for any liability which had been previously incurred. Ibid. 1850. Rdilvntm—Vrrfident, Directors, t^r. Cap. GO. 4/> I'M. NothiiiiT lu'rcin CDiitiiincd hIiivII affect in any m:iu- •"*"»'">? "f i'"' nor the rii-lits oilier MiiieHtv, or ofaiiv person, or of any „."•',"'' '^* body politic, corporate or collegiate, such only excepted as are herein niention«'d. Ilnd. Vim. No amendment or alteration in this Act shall ho held to ])e an inlVinu-ement of the rights of any company authorized to construct a railway by any Act passed on or since the 3()th of August, 1851, or by any Act of this or any future Session with which this Act is incorporated. 14, 15 V. c. 51, s. 22. CUCNERAL PROVISIONS FOR ALL RAILWAYS. . VI7. Unless otherwise provided, the following sections Interprotation. shall apply to every liaihvay made or to be made in this Province. IG V. o. 109, s. 10, 20. POWERS. 13S, Any Incorporated Hallway Company may construct A^y luiiway a branch or brancli(>s not exceedin"- six miles in lenofi>r certain any other purpose of public advantage, may make such •'"""P""*" change ; and all and every the clauses of this Act shall refer as fully to the part of any such line of Railway so at any time changed or proposed to be changed as to the original line ; but no Railway Company shall have any right to extend its line of Railway beyond the termini 46 Cap 66. Railways — President^ Directors^ S^c. 22 VlCT. mentioned in the Act incorporating such Company. 22 V. (1858) c. 4, s. 2. But not with- i:iO. No Railway Company shall avail itself of any of ?"!u^«'°'^'i"!'the powers contained in the fifteenth sub-section of the to tho Board of -"^ Railway Com- ninth sectiou of this Act without application to the Board miggionera. of Railway Commissioners, constituted by the one hundred and seventy-eighth section of this Act, of which application notice in writing shall be given to any other Railway affected, by sending the same by mail, or otherwise, to the address of the President, Superintendent, Managing Director or Secretary of any such liailway Company, for approval, of the mode of crossing, union or intersection proposed ; and when such approval has been obtained, it shall be lawful for either Railway, in case of disagreement as to the amount to be paid for compensation, to proceed for such compensation as provided in the said sub-section. 22 V. c. 4, s. 2,-14, 15 V. c. 51, s. 9, No. 15. One Company 131. The Directors of any Railway Company may at may agroo ^^j^y. tj^i^i^ ^mj from time to time, make and enter into any respecting agreement or arrangement with any other cornpany, either traffic. ^n this Pro.dnce or elsewhere, for the regulation and in- terchange of Traffic passing to and from the Railways of the said companies, and for the working of the Traffic over the said Railways respectively, or for either of those objects separately, and for the division and apportionment of tolls, rates and charges in respect of such Traffic, and generally in relation to the management and working of the Railways, or any of them, or any part thereof, and of any Railway or Railways in connection therewith, for any term not exceeding twenty-one years, and to provide, either by proxy or otherwise, for the appointment of a Joint Committee or Committees for the better carrying into effect any such agreement or arrangement, with such powers and functions as may be considered necessary or ' '^'""''•^'" the wild lands of the Crown lying on the route ol the said abio water. Railway, as have not been granted or sold, and has may be necessary for their Railway, as also so much of the land covered with the waters of any Lake, River, Stream or Canal, or of their respective beds, as is necessary for making and completing and using their said Railway and Works, but nothing in this section contained, shall apply to the thirty and thirty-lirst paragraphs of the eleventh Section of this Act. 16 V. c. 169, s. 8. 22. RAILWAY GROUNDS TO BE KEPT IN ORDER. 134. Every Railway Company, whether any of the Ground adjoi- clauses or provisions of this Act be or be not incorporated "'"*'' ''"f/^'^''* ^■'^y '""' bo- with the Act incorporating such company, shall cause all longing to the cleared land or ground adjoining their Railway andComimnytobo belonging to such company, to be sown or laid tlown *'j^ J ^"^ ^' with grass or turf, and cause the same so far as may be in cleared of their power to be covered with grass or turf, if not already ^®"^'' *"• so covered, and cause all thistles and other noxious weeds growing on such land or ground, to be cut down and kept constantly cut down or to be rooted out of the same. 16 V. c. 169, s. 7. 13»T If any Railway Company fails to comply with the consequences requirements of the last preceding Section within twenty "f o'n'"'ng to days after they have been required to comply with the same, by notice from the Mayor, Reeve or Chief Ollicer of the Municipality of the Township or county in which the land or grour i lies, such company shall thereby incur a penalty of two dollars to the use of the Municipality for each day during which they neglect to do any thing which they are lawfully required to do by such notice, 48 Cap. 6G. Raihvays — Oeneral Provisions. 22 YiCT. and the said Mayor, lleeve or Officer may cause all things to be done which the said company were lawfully re- quired to do by such notice, and for that purpose may enter by himself and his assistants or workmen upon such lands or grounds, and such Municipality may recover the expenses and charges incurred in so doing,- and the said penalty with costs of suit, in any Court having jurisdiction in civil cases to the amount sought to be recovered. 16 V. c. 169, s. 7. 23. HIGHWAYS AND BRIDGES. Not to impodo 136. No such company shall cause any obstruction in navigation. ^^ impede the free navigation of any river, stream or canal to or across or along which their Kailway is carried. 16 V. c. 169, 8. 8. Railways 137, If the Railway be carried across any navigable verr"!fe ' ^^"^'^r 01" canal, the company shall leave openings between guiated. the abutments or piers of their bridge or viaduct over the same, and shall make the same of such clear height above the surface of the water, or shall construct such draw bridge or swing bridge over the channel of the river, or over the whole width of the canal, and shall be subject to such regulations as to the opening of such swing bridge or draw bridge as the Governor in Council from time to time makes. 16 V. c. 169, s. 8. Plans to bo 13S. It shall not be lawful for any such company to submitted to ,, ii?i_'j • j.i i iho Q iv nor construct any whari, bridge, pier or other work upon or in Council. ovcr any navigable river, lake or canal, or upon the beach or bed or lands covered with the waters thereof, until they have first submitted the plan and proposed site of such work to the Governor in Council, and the same has been by him approved ; and no deviation from such approved site and plan shall be made without his consent. 16 V. c. 169, s. 8. Ante s. 9, No. 3. E.tcoption IJIO. Nothing contained in the one hundred and thirty- whero special ^}jij.j qj^q huiidrcd and thirty-sixth, one hundred and powers given it -in- • ^ ^ by the Special thirty-seveiith and one hvmdred and thirty-eighth sections, Act. or in the thirtieth a d thirty-first Paragraphs of the eleventh Sections of thiK, Act, shall be construed to limit 1859. Railways— Highimys, Sfc. Cap. 66. 49 or afTect any power expressly given to any Railway Com- pany by its special Act of Incorporation or any special Act amending the same. 16 V. c. 169, s. 8. 140. The Grovernor in Council, upon the Report of the ooremor may Board of Railway Commissioners, may authorize or require "'"''" Pf"""- J ' •' * nont bridges any Railway Company to construct fixed and permanent to bo substi- bridges or to substitute such bridges in the place of the '"""' f*" mo- swing, draw or movable bridges on the line of such Rail- ""^ " " *^"'' way, within such time as the Governor in Council directs ; and for every day after the period so fixed during which the company uses such swing, draw or movable bridges, the company shall forfeit and pay to Her Majesty the sum of two hundred dollars ; and it shall not be lawful for any B,ailway Company to substitute any swing, draw or other movable bridge in the place or stead of any fixed or per- manent bridge already built and constructed without the consent of the Governor in Council previously had and obtained, 20 V. c. 12, s. 7, 141. In any case where a Railway commenced after the Certain pow- 27th May, 1857, is constructed or authorized to be con- J^'^.[^'^"'**^|^° structed, across any turnpike road, street or other public missioners, highway, on the level, the Board of Railway Commission- with respect to €rs, if it appears to them necessary for the public safety, "°""'8P"'^'»o ' *^ ■' '■ ■" highways, on a may, with the sanction of the Governor in Council, au-ievei. thorize and require the company to whom such Railway belongs, within such time as the said Board directs, to carry svich road, street or highway either over or under the said Railway, by means of a bridge or arch, instead of crossing the same on the level, or to execute such other works as under the circumstances of the case appeaT to the said Board the best adapted for removinf^ r diminishing the danger arising from such level crossing-; and all the provisions of law at any such time applicable to the taking of land by Railway Companies and its valuation and con- veyance to them, and to the compensation therefor, shall apply to the case of any land required for the construction of any works for effecting the alteration of such level crossing. 20 V. c. 12, s. 11. 14a. Every Railway Company shall station an officer at Further pre- every point on their line crossed on a level by any other T*i"croMing8! 4 50 Cap. 66. Raihvays — Hightvaijs, SfC 22 ViCT. Railway, and no train shall proceed over such crossing until signal has been made to the conductor thereof that the way is clear. 20 V. c. 12, s. 11. Further pro- 143. Every locomotive or Railway engine or train of one Rii'iiway''" ^^^^' ^^ ^^^^ Railway, shall, before it crosses the track of crosses another any other Railway on a level, be stopped for at least the on a level; gpace of three minutes. 20 V. c. 12, s. 11. . Or runs 114. No locomotivc or Railway engine shall pass in or j^^°"^^^'^°'°'*^' through any thickly peopled portion of any City, Town or Village at a speed greater than six miles per hour, unless the track is properly fenced. 20 V. c. 12, s. 11. Or moves 145. Whenever any train of cars is moving reversely in roersty. any City, Towu or Village, the locomotive being in the rear, the company shall station on the last car in the train a person who shall warn parties, standing on or crossing the tract of such Railway, of the approach of such train, under a penalty of one hundred dollars for any contra- vention of the above provisions. 20 V c. 12, s. 11. Foot passon- 146. If the Board of Railway Commissioners order any fooT-brirtco if I^^^^^vay Company to erect at or near or in lieu of any provided for Icvcl crossiug of a tumpikc road, or other public highway, that purpose at a foot-bridge or foot-bridges over their Railway for the level cross- i- i t • p i. ^ i ines. purpose oi enabling persons passiing on loot along such turnpike road or public highway to cross the Railway by means of such bridge or bridges, then, from and after the completion of such foot-bridge or foot-bridges so required to be erected, and while the company keeps the same in good and sufficient repair, such levol crossing shall not be used by foot passengers on the said turnpike road or public highway, except during the time when the same is used for the passage of carriages, carts, horses or cattle along the said road. 20 V. c. 12, s. 12. No cattle to be 147. No horses, sheep, swine or other cattle, shall be allowed to bo permitted to be at large upon any highway within a half at largo on any -^ . . j c^ j highway with- mile of the intersection of such highway with any Railway in half a mile on grade, uiiless such cattle are in charge of some person WW? "' *^^ persons to prevent their loitering or stopping on such ,„.„' highway at such intersection. 20 V. c. 12, s. 16. 1859 Rnnimijs—IUffhivaj/a, Tolh, <^'C, Cap. GG. 51 148. All cattle found at largo in contravention of the, -;,„.ii catiio last pre;eding section may, by any person finding- the""'y i^" '"'- same at large, be impounded in the nearest pound to the ^"""^ place where the same are so found, and the pound-keeper with whom the same are so impounded shall detain the same in the like manner, and subject to the like regula- tions as to the care and disposal thereof, as in the case of cattle impounded for trespass on private property. 20 Y. c. 12, s. 16. 119. No person, any of whose cattle being at large, TiMU'd owner contrary to the provisions of the section aforesaid, are'"' '""""'"' '" •' ^ _ any actimi. killed by any train at such point of intersection, shall have any action against any Railway Company in respect to the same being so killed. 20 V. c. 12, s. 16. I50, At every road and farm crossing on the grade of *"''"''''"S'''"'^° the Railways in this Province, the crossing shall be sufli- ''"'^''' ' ciently fenced on both sides of such poiiits, so as to allow the safe passage of the trains. 20 Y. c. 12, s. 18. 24. BY-LAWS REGULATING TOLLS. 1*51. The By-laws of every Railroad Company regulating Ry-inws im- the Tolls to be taken on such road, in the special Acti"'"'"- '■"" '" respecting which a provision has been inserted that such thnTju'vunioi- Railroad should be subject to the provisions of any general in Cunnoii. Act relating to Railroads, shall be subject to the approval of the Governor in Council, and no By-law of any Railroad or Railway Company in this Province by which any Tolls are to be imposed or altered, or by which any party other than the Members, Officers and iServants of the Company are intended to be bound, shall have any force or effect until the same has been approved and sanctioned by the Governor in Council. 10, 11 Y. c. 63, s. 14,~12 Y. c. 28, s. 2. 25. PENAL CLAUSES. I»i8. If any person wilfully and maliciously displaces I'un-ghnipnt . r or removes any Railway switch or rail of any Railroad, '"^ "' ''"'"" or breaks down, rips up, injures or destroys any Railroad uiiiiwn.v'viih track or Railroad bridge or fence of any Railroad, or any '"'"'■' i" '"■ portion thereof, or places any obstruction whatsoever on'|y^J''^'j.|^!" viid if such iiniago beao tally dune. 52 Cap 66. Raihoays — Penal Clauses. 22 ViCT, any such rail or Railroad track, or bridge, with intent thereby to injure any person or property passing over or along such Railroad, or to endanger human life, such person shall be guilty of misdemeanor, and shall be punished by imprisonment with hard labor in the Common Gaol of the Territorial Division in which such offence i» committed or tried, for any period not exceeding owe year from conviction thereof ; and if in consequence of such act done with the intent aforesaid, any person so passing over and along such Railroad, actually suffers any bodily harm, or if any property passing over and along such Railroad be injured, such suffering or injury shall be an aggravation of the offertce, and shall render the offence a felony, and shall subject the offender to punishmtiit by imprisonment in the Penitentiary for two years or in any other prison or place of confinement for arty period exceeding one year and less than tWo yefars. 16 V. c, 169, s. 1. luiifnny 153. If any persou wilfully and maliciously displaces I rson be kill- ^^ j-gmoves ahy Railway switch or rail of any Railroad, or a lost, the breaks down, rips up, injures or destroys any Railroad fence to bo track or Railroad bridge or fence of any Railroad or any ""'''""^^*°'' portion thereof, or places any obstruction whatever or any such rail or Railroad track or bridge, or does or causes to be done any act w^hateVer whereby any engine, machine or structure, or any matter or thing appertaining thereto is stopped, obstructed, impaired, weakened, injured or destroyed with intent thereby to injure any person as property passing over or along such Railroad, and if in consequence thereof any person be killed or his life be lost, such person so offending shall be guilty of man- slaughter, and being found guilty, shall be punished by imprisonment in the Penitentiary for any period not more than ten nor less than four years. 16 V. c. 169, s. 2. )imnitting 134. If any person wilfully and maliciously, does or i.v injury, causcs to be done, any act whatever w^hereby ^ny building, 1)0 a luisdc- fence, construction or work of any Railroad, or any engine, machine or structure of any Railroad, or any matter or thing appertaining to the same is stopped, obstructed, impaired, weakened, injured or destroyed, the persdn so Miiphmcnt. ■a nor. 1859. Railways — Penal Clauses. Cap. 66. 53 offending shall be guilty of a misdemeanor, and be punish^jd by imprisonment with hard labor not exceeding one year, in the Common Gaol of the Territorial Division in which the offence was committed or has been tried. 16 V. c. 169, 8. 3. 15«l. Every person wilfully obstructing any Railway Punifhraent or Inspector in the execution of his duty shall, on conviction '"ru^inl i„. before a Justice of the Peace having jurisdiction in the speotoM in tii< place where the offence has been committed, forfeit and "'"=''"'"'" "* pay for every such offence any sum not exceeding forty dollars, and in default of payment of any penalty so adjudged, immediately, or within such time as the said Justice of the Peace appoints, the same Justice, or any other Justice having jurisdiction in the place where the offender resides, may commit the offender to prison for any period not exceeding three months ; but such com- mitment shall be determined on payment of the amount of the penalty ; and every such penalty shall be returned to the next ensuing Court of Quarter Sessions in the usual manner. 20 Y. c. 12, s. 3. 1«56. Every Railway Company shall, as soon as possible company to after the receipt of any order or notice of the Board of"f''^>"^'**"'' . , '' . . . of Board to it," Railway Commissioners, give cognizance thereof to each officers, &.c. of its officers and servants, in one or more of the ways mentioned in the one hundred and sixty-third section of this Act. 20 V. c. 12, e. 15. 1587. All orders of the said Board of Railway Commie- what to be eioners shall be considered as made known to the said ''.*"'""''* *"'''' cient notice Railway Company by a notice thereof signed by the thereof. Chairman and countersigned by the Secretary of the said Board, and delivered to the President, Vice-President, Managing Director, Secretary or Superintendent of the said company, or at the office of the said company. 20 V. c. 12, s. 15. 158. If any officer or servant of, or person employed Punishment of bv any Railway Company, wilfully or negligently contra- "*''*'""• '^''•• •'•' •' 1 rs a J contravening venes any By-law or Regulation of the company lawfully by-iaws, ao. made and in force, or any Order or Notice of the Board of Railway Comraissiouers, and of which a copy has been 5-4 Cap. GG. Railways— Penal Clmiaes. 22 VlCT. delivered to him, or has been posted up or open to his inspection in some pUice whore his work or his duties, or any of them, are to 1)e perlbrmod, then it' such contra- vention causes injury to any property or to any person, or exposes any property or any person to the risk of injury, or renders such risk greater than it would have been without such contravention, although no actual injury occurs, such contravention shall be a misdemeanor, and the person convicted thereof shall in the discretion of the court before whom the conviction is had, and accord- ing as such court considers the ollence proved to be more or less gri've, or the injury or risk of injury to person or property to be more or less great, be punished by line or imprisonment, or both, so as no such hue exceeds four hundred dollars, nor any such imprisonmeiit the term of five years ; and no such imprisonment, if for two years or upwards, shall be in the Provincial Penitentiary. 19, 20 V. 0. 11, s. 1. Ponaity. 1»19. If such coutraventiou does not caiise injury to any property or person, nor expose any person or property to the risk of injury, nor make such risk greater than it would have been without such contravention, then the officer, servant or other person guilty thereof, shall thereby incur a penalty not exceeding the amount of thirty days' pay, nor less than fifteen days' pay of the ofiender from the company, in the discretion of the Justice of the Peace before whom the conviction is had ; and such penalty shall be recoverable with costs before any one Justice of the Peace having jurisdiction where the offence has been committed, or where the offender is found, on the oath of one credible witness other than the informer. 19,20 V. c. 11, s. 1. Application of, 100. One moiety of such penalty shall belong to Her Majesty for the public uses of the Province, and the other moiety to the informer, unless he be an officer or servant of, or person in the employ of the company, in which case he shall be a competent witness and the whole penalty shall belong to Her Majesty for the uses aforesaid. 19, 20 V. c. 11, 8. 1. The Company jgj rpj^^ compauy may in all cases under this Act pay may pay po- i j j r j 1859. Railways— Penal Clauses, SfC Cap. GG. 55 the amniint of the penalty and cost.s, and recover the same nni'y nni do- from the olFcnder or deduct it from his salary or pay. '''"' ''^"'" 19, 20 V. c. 11, s. 1. Ift'-J. Any Railway Company may hy a By-law impo.so Company mny upon any oincer, servant, or person who tx'tore the contra-,. ' ,. ^ , ^ _ •' ' ' i tica lor ciintrtt- vention of such IJy-law has had notice thereof and is vuntiun of Uy- employt'd by the company, a forfeiture to the comi>any ^'^^^' of not less than thirty days' pay of such ollicer or servant, for any contravention of such By-law, and may retain any such forfeiture out of the salary or wages of the offender. 19, 20 V. c. 11, s. 2. lOIJ. The notice of the By-law or any order or notice of'i"w n..tice of the Board of liailway Commissioners may be proved by, /V' "^*'""" •' J t- J (irders may bo proving- the delivery of a copy thereof to the officer, j,r..vca. servant or i)erson, or that he signed a copy thereof, or that a copy thereof was posted in some place where his work or his duties, or some of them, were to be performed. 19, 20 V. c. 11, s. 2. lOI. Such proof, with a proof of the contravention, shall ^^'hen such be a full answer and defence for the company, in any suit '"'""'^','V' '" . ^ "^ "' 1)0 a (Icfonoo lor the recovery irom it ol the amount so retained, andf,,rthu com- such forfeiture shall be over and above any penalty under i"i"y- the preceding sections number one hundred and fifty- eighth to one hundred and sixty-one. 19, 20 V. c. 11, s. 2. 26. WORKING OF THE RAILWAY. ICo. No Railway or portion of any Railway shall be K'liiway not to d,. ,, 1 1. n ..1 bo opened till tor the public conveyance ot passengers until one j.^^ '^ month after notice in writing of the intention to open the month's notice same has been given by the company to whom the Railway °^ »nt«n''<'° to belongs to the Board of Railway Commissioners, and until ten days after notice in writing has been given by the said company to the said Board of Railway Commissioners, of the time when the said railway or portion of Railway will be, in the opinion of the company, sufficiently completed for the safe conveyance of passengers, and ready for inspection. 20 V. c. 12, s. 4. , ,, 166. If any Railway or portion of a Railway be opened Penalty for without such notices, the company to whom such Railway <"«'""avention. 56 Cap. 66. Railways — Working the Road. 22 VlCT. belongs, shall forfeit to Her Majesty the sum of two hun- dred dollars for every day during which the same contiuues open, until the said notices have been duly given and have expired. 20 V. c. 12, s. 5. Railway Com- jfly jf (ho Railway Inspector or Inspectors, after ur>irrop"rt nfinf*pection of any Railway, report in writing to the lioard innperiorH und of Railway Commissioners that, in his or their opinion ftpi.rnviii of t}j(j opening of the same would be attended with danger counoH III" *® *^^ piiblic using the same, by reason of the incomple- onior post- teness of the works or permanent way, or the insufficiency poneinoiit nf of the establishment for working such Railway, together roai'i'.'"^ with the ground of such opinion, the Board of Railway Commissioners, with the sanction of the Governor in Council, and so from time to time, as often as such Ins- pector or Inspectors after further inspection thereof so reports, may order and direct the company to whom the Railway belongs to postpone such opening not exceeding one month at any one time, until it appears to the said Board that such opening may take place without danger to the public. 20 V. c. 12, s. 6. Penalty for oponiog con- trary to the order of the Commietion- ers. lOH. If any such Railway, or any portion thereof, be opened contrary to such order or direction of the Board of Railway Commissioners, the company to whom the Railway belongs shall forfeit to Her Majesty the sum of two hundred dollars for every day during which the same continues open contrary to such order or direction. 20 V. c. 12, s. 6. When only IGO. No such Order shall be binding upon any Railway such order to Q^j^paj^y vinless therewith is delivered to the Company a be binding on -^ -^ * ^_ the Company, copy of the report of the Inspector or Inspectors on which the order is founded. 20 V. c. 12, s. 6. When a Rnii- 170. In all cascs whcrc a Railroad passes any Draw or way pasBos g^rjj^jj Bridge over a navigable River, Canal or Stream over a iwing o o o ' bridge, Ac, which is subjcct to be opened for the purposes of navi- Trnin to stop gation, the Trains shall in every case be stopped at least three minutes, to ascertain from the Bridge Tender that the said Bridge is closed and in perfect order for passing, and in default of so stopping during the full period of three minutes the said Railroad Company shall be subject 1859. Railu'ai/s— Working the Road. Cap. 66. 67 to a fine or penalty of four hundred dollars. 16 V, c. 169, s. 6. V7t. Every Railway Company which runs trains upon Com puny to the railway, for the conveviinee of passenifers shall provide '"" '*'" ****' •' •' in i npimratug for and cause to he used in and upon such trains such known cmmunica- apparatus and arrangements as best alford good and sulU-t'"> i'«tweon cient means of immediate communication between the'""'."*""""" eriKino ilrivers conductors and the engine-drivers of such trains while the .ma i,t niopp- trains are in motion, and good and sufficient means of'"8"f *• '•"""»• applying by the power of the steam-engine or otherwise ^^j, "^p^^ '.^ at the will of the engine-driver, or other person appointed eiir», Ae. to such duty, the brakes to the truck-wheels of the loco- motive or tender, or both, or of all or any of the cars or carriages composing the trains, and of disconnecting the locomotive, tender, and cars or carriages from each other by any such power or means, and also such apparatus and arrangements as best and most securely place and fix the seats or chairs in the cars or carriages, and shall alter such apparatus and arrangements or supply new apparatus and arrangements from time to time as the Board of Railway Commissioners, with the sanction of the Governor in Council, may order. 20 V. c. 12, s. 10. 17'!j. Every Railway Company shall make such by-laws, companios to rules and regulations, to be observed by the conductors, '""''" ''y-'*w8 engine-drivers, and other officers and servants of the com- ..r conductors pany, and by all other companies and persons using the «nJ "thor oin- Railway of such company, and such regulations with ''^""''°' regard to the construction of the carriages and other vehicles, to be used in such trains on the Railway of the company, as are requisite for ensuring the employment and proper use of the aforesaid means of communication, application and disconnection. 20 V. c. 12, s. 10. 173. Every Railway Company which fails to comply Penalty for not with any of the provisions contained in the one hundred '";"'r''>''"'? and seventy-first section of this Act, shall forfeit to Hergggfjo^ Majesty a sum not exceeding two hundred dollars for every day during which such default continues. 20 V. 0. 12, s. 10. 17'4. Every Railway Company shall, within ten days Return of ao- after the first days of January and July, in each and every cidents to b< 58 Cup. 06. Railtouyi — Working the Road. 22 Vict. mmlo iioml- annually. year, mixke to tho Board of Unilway CominiHsioiiprs, uiuh^r tlie oath ol' tlu^ Prt'sidont, J*5«'('r«'tary or Siipt'rinli'iult'iit of the (.'ompany, u tnio and particuhir rt'turn of all accidents and cafs\ialties (whether to life or property) which have occurred on th(^ IJaihvay of the company during the half year next preceding oacdi of the 8aid periodH reNpectively, sotting- forth : 1. The causes and natures of such accidents and ca- sualties ; 2. The points at which they occurred, and whether by night or by day ; 8. The full extent thereof, and all particulars of the same ; and 4. Shall also at the same time return a true copy of the existing By-laws of the company, and of their rules and regulations for the management of the company and of their llailway. 20 V. c. 12, s. 14. t7Si. The Board of Railway Commissioners may order and direct from time to time, the form in which s^^ch returns shall be made up, and may order and direct any Railway Company to make up and deliver to them from time to time, in addition to the said periodical returns, returns of serious accidents occurring in the course of the public traffic upon the Railway belonging to such com- pany, whether attended with personal injury or not, in such form and manner as the Board deem necessary and require for their information with a view^ to the public safety. 20 V. c. 12, s. 14. 176. If such returns so verified be not delivered within the respective times herein prescribed or within fourteen days after the same have been so required by the Board, every company making default, shall forfeit to Her Ma- jesty the sum of one hundred dollars, for every day during which the company neglects to deliver the same. 20 V. c. 12, s. 14. Such returns i77_ ^\ si;ich retums shall be privileged communica- to be privilog- Fornj to bo appointed by tho Board of Cummissiun- eri. Penalty for noglcct. 1850. Rai/it;ai/s — Hoard of Ci)iiiiiiissiotnfs, i'^'C. Caj). (](J. 59 tion.s, and slmll not be evidence in any Court whatsoever. «' """""""ni- 20 V. c. 12, «. 14. '''"""' 27. HOARD OF RAILWAY CoMMISSIDNKH.^t, THKIR DUTIKS, &0. 17N. Tlvc Keceiver General, the Minister of Finance, niani of Com- the ('ommi.s.sioner ol" Puhlic Works, and the rrovineial '"'""'""•"" Postmaster Cieneral, shall constitute a iSonrd ol Waihvay Commissioners; and each of Iho said OtI'uers shall he a Meml)er of the said Board l)y virtue of his olliee, and so Ion**-, and so lon*^ only as he holds the same ; such one of the said Olllcers as the Members of the Board shall airreo ii])on, shall l)e the Chairman and Olhcial Or^an ol' the Board, the St>cretary I'or th(» ])ei)artment of Pul)lic Works shall b(^ the Secretary of the said Board ; and any report concurred in })y a majority of the Board, shall ])e deemed the report of the Board. 14, 15 V. c. 73, s. 17.— 22 V. c. 8.(1859.) I7tt. The Board of Railway Commissioners shall, in duUoj of. addition to their other powers and duties, have and dis- charge the powers and duties in this Act prescribed, and may from time to time appoint some lit and qualified person to be Secretary of the said Board in the stead ofMny nppoint » the Secretary for the Department of Public Works. 20 V. '^"'^"'"'y- c. 12, s. 1.— 22 V. c. 3. (1859.) 28. RAILWAY INSPECTORS, THEIR DUTIES, &C. If^O. The Governor in Council may appoint and autho- Railway in- rize any proper person or persons not exceeding three in spoetors. number whose duty it shall be from time to time to inspect Duties of. all railways constructed or in course of construction, and every person so authorized may at all reasonable times, upon producing his authority if required, enter upon and examine the said railway and the stations, fences or gates, road crossings, cattle guards, work and buildings, and the engines, cars and carriages belonging thereto. 20 V. c. 12, s. 2. ISI. Every railway company and the officers and companies to directors thereof shall afford to such inspector or inspectors afford 'ifur- every information and full and true explanations so far as"'*'"'" '" ''"' •' ■' Inspectors. may be their power or knowledge on all matters inquired 60 Cap. 66. Railvmys — Inspectors. 22 ViCT. into by any such inspector or inspectors, and submit to such inspector or inspectors all plans, specifications, drawings and documents relating to the construction or reconstruction, repair or state of repair of such railway or any portion thereof, whether a bridge, culvert or other part. 20 V. c. 12, s. 2. ingpoctoM 182. Any such Inspector shall have the right to use may U80 toie- ^j^^ telegraph wires and machinery in the offices of or graph wires ; ^ ^ for what pur- Under the control of any such railway comp- y, for the poses. purpose of communicating with any of the olficers of the said company, or transmitting any order of any such Inspector relating to such railway. 20 V. c. 12, s. 2. Operators and 183. The Operators or officers employed in the telegraph others u. obey offices of or Under the control of the said company, shall, epeotors. without unuccessary delay, obey all orders of any such Inspector for effecting such communications and trans- mitting messages for the puipose aforesaid, and any such operator or officer refusing or neglecting so to do, shall forfeit for every such offence the sum of forty dollars. 20 V. c. lf>. s. 2. Authority of tH%. The authority of any such Inspector shall be suffi- how'proved c^^ntly evidenced by a paper in writing nominating him an Inspector of Railways or of any Railway in particular, signed by the Chairman of the said Board of Railway Commissioners and countersigned by the Secretary thereof. 20 V. c. 12, s. 2. When any \SS. "When any bridge, culvert, viaduct, tunnel, fence, brldgo'con- i*oad crossiug, or cattle guard, or any other portion of any (lemned by railway coustructcd or in course of construction, or any Commission- locomotivc. Car or carriage used or for use on any railway, ersandlnspec- 1 •• j jj.i_ apt j t tors what to be "^^ "^^^ condemned on the report oi an Inspector or Ins- done, pectors, by the Board of Railway Commissioners, with the approval of the Governor in Council, or when any change or alteration therein or in any part thereof, or the substi- tution of any new bridge, culvert, viaduct or tunnel, or of any material for the said railway, has been required by the Board of Railway Commissioners, with the approval of the Governor in Council, the company to which such railway belongs, or the company using, running or con- 1850. Railways — Inspectors, Sff. Cap. 66. 61 trolling the same, shall, after notice thereof in writing signed by the Chairman of the said Board and countet- signed by the Secretary thereof, proceed to make good or remedy the defects in the said portions of the railway, or in the locomotive, car or carriage which have been so condemned, or shall make such change, alteration or subs- titution hereinbefore referred to as has been required in manner aforesaid by the Board. 20 V. c. 12, s. 8. IHO. If in the opinion of any such Railway Inspector, it whon inspoo- is dangerous for trains or vehicles to pass over any parti- '°"""'^.*^°''"'! , , • o •^ 11 the running ol cular railway, or any portion of a railway, until altera- trains, ic. tions, substitutions or repairs have been made thereon, or that any particular car, carriage or locomotive should be run or used, the said inspector may forthwith forbid the running of any train or vehicle over any such railway or portion of railway, or the running or using of any such car, carriage or locomotive by delivering or causing to be delivered to the President, Managing Director, or Secre- tary or Superintendent of the company owning, running, or using such railway, or to any officer having the mana- gement or control of the running of trains on such railway, a notice in writing to that effect with his reasons therefor, in which he shall distinctly point out the defects or nature of the danger to be apprehended. 20 V. c. 12, s. 9. 187. The said inspector shall forthwith report the same what Com* 46 the said Board of Railway Commissioners, who, with"'"''''""" the sanction oi the Governor in Council, may either con-rcj,ort of in- firm, modify or disallow the act or order of the inspector, spoctors. and such confirmation, modification or disallowance shall be duly notified to the railway company afiected thereby. 20 V. e. 12, s. 9. 18S. The said Board of Railway Commissioners may, when the with the sanction of the Governor in Council, limit the """"'"'""" ' may regulato number or times or rate of speed of running of trains or speed, ic. vehicles, upon such railway or portion of railway, until such alterations or repairs as they may think sufficient have been made, or until such time as they think prudent ; and the company owning, running or using such railway shall comply forthwith with any such order of the said inspector or of the said Board, upon notice thereof as 62 Cap. 66. Railways — Inspectors, Sj'C. 22 ViCT. Penalty for aforesaid ; and for every act of non-compliance therewith non-comp i- gyg|.y g^^h railway company shall forfeit to Her Majesty the sum of two thousand dollars. 20 V. c. 12, s. 9. Notice of ac- |^9 Every railway Company shall as soon as possible, given to the ^^^^ *^ Icast withiu forty-cight hours, after the occurrence Commission- upou the railway belonging to such company of any *"• accident attended with serious personal injury to any person using the same, or whereby any bridge, culvert, viaduct or tunnel on or of the said railway has been broken or so damaged as to be impassable or unfit for immediate use, give notice thereof to the Board of Railway Commissioners ; and if any company wilfully omits to give such notice, such company shall forfeit to Her Ma- jesty the sum of two hundred dollars for every day during which the omission to give the same continues. 20 V. c. 12, s. 13. Inspection not 190. No inspcctioii had under this Act nor any thing in to relievo Com- |.j^^g Act Contained or done or rendered i>r omitted to be pany from lia- bility, done or ordered under or by virtue of the provisions of this Act, shall relieve or be construed to relieve any railway company, of or from any liability or responsi- bility resting wpon it by law either towards Her Majesty or towards any person, or the wife or husband, parent or child, executor or administrator, tutor or curator, heir or other personal representative of any person for any thing done or omitted to be done by such company, or for any wrongful act, neglect or default, misfeasance, malfeasance or nonfeasance, of such company, or in any manner or way to lessen such liability or responsibility, or in any way to weaken or diminish the liability or responsibility of any such company undej the existing laws of the Pro- vince. 20 y.c. 12, s. 17. 29. RAILWAY FUNI). Roiiwoyin- lOB. From the twenty-seventh of May, one thousand Bpoction Fund, eight hundred and fifty-seven, every railway then or thereafter constructed, shall so soon as any portion thereof is in use, pay to the Receiver G-eneral an annual rate to be fixed by the Governor in Council, not exceeding ten dollars per mile of railway constructed and in use ; such 1859. Raihvat/s — Inspectors, Sfc. Cap. G6. 63 rate to be paid half yearly en the First days of January and July in each year, and lo form a special fund for the purposes of this Act, to be called " The Railway Inspec- tion Fund." 20 V. c. 12, s. 19. 80. CERTAIN SECTIONS LIMITED. 192, In the construction of the one hundred and fortieth what tho to one hundred and hftieth, the one hundred and lifty- """•" " ^^'''•" fifth to one hundred and fifty-seventh, the one hundred „„ .. ,^^11 in. and sixty-iifth to one hundred and seventy-seventh and ciudo. the one hundred and seventy-ninth to one hundred and ninety-first sections of this A.ct, the expression " Railway Company " shall include any person beinj^ the owner or lessee of or contractor working any railway constructed or carried on under the powers of an Act of Parliament. 20 V. c. 12, 8. 21. 31. HOW PENALTIES RECOVERED AND APPLIED. applied. 193, All penalties incurred under any of the sections of now penalties this Act in the last section referred to, except penalties fccovored and under the one hundred and fifty-fifth section thereof, may be recovered in the name of Her Majesty, by Her Majesty's Attorney General in any Court having competent juris- diction thereover ; and all penalties recovered under the other sections aforesaid, shall be paid to the Receiver G-eneral to the credit of " The Railway Inspection Fund." 20 V. c. 12, s. 20. I 64 Cap. 29. Railway Act Amendment Act of 1860. 23 VicT. Preamble. CAP. XXIX. An Act in amendment of the Kailway Act. [Assented to 19th May, I860.] HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows ; 1. The justices of the peace for any county in Upper Canada, assembled at any general quarter sessions of the Constables may be ap- pointed to act . on the line of pcacc, and any judge of the court of Queen's Bench, or ony railway, superior court, or clerk of the peace, or clerk of the crown, and how. ^^ inspector and superintendent of police, in Lower Canada, on the application of the board of directors of any Railway Company whose railway passes within the local jurisdiction of such justices of the peace, judge, clerk, or inspector and superintendent of police, as may be, on the application of any clerk or agent of such company thereto ailthoi'ized by such board, may, in their or his discretion, appoint any persons recommended to them for that pur- pose by such board of directors, clerk or agent, to act as constables on and along such railway ; and every person so appointed shall take an oath or make a solemn declara- tion in the form or to the effect following, that is to say : Oath of office. «' \^ A.. B., having been appointed a constable to act " upon along {here name the Railway,) under the provisions •' of {here insert the Title of this Acty) do swear that I w^ill '• well and truly serve our Sovereign Lady the Queen, " in the said office of constable, v^'ithout favor or affection, " malice or illwill, and that I will, to the best of my power, " cause the peace to be kept, and prevent all offences " against the peace, and that while I continue to hold the " said office, I will to the best of my skill and knowledge, " discharge the duties thereof faithfully, according to law. •'So help me God." 1860. Railira!/ Act Amendment Act of 1S60. Cap 20. 65 Such oath or declaration shall be administered in Upper By whom t..t,, Canada by any one such justice, and in Lower Canada, l)y a'''n'n''''<^'isniis?,ii .f any judge of the court of Queen's Bench or superior eourt, or clerk of the peace, or clerk of the crown, or inspector and superintendent of police, in Lower Canada, may dis- miss any such constable who may be acting within tlicir several jurisdictions ; and the board of directors of such Railway Company, or any clerk or agent of such company thereto authorized by such board, may dismiss any such 66 Cap, 29. Railway Ad Amendment Act of 1860. 23 ViCT- constable who may be acting on such railway ; and npon every such dismissal, all powers, protections and privi- leges belonging to any such jierson by reason of such appointment, shall wholly cease ; and no person so dis- missed shall be again appointed or act as a constable for such railway, without the consent of the authority by which he was dismissed. Recirdof ap- 3. Evcry such Railway Company shall cause to be re- ,,oint,nentof gorded lu tho officc of the clerk of the peace, for every eiK'h constable ^ ' ^ to bo kept, county, city, district, or other local jurisdiction wherein such railway or railways may pass, the name and desi- gnation of every constable so appointed at their instance, I the date of his appointment, and the authority making it, and also the fact of every dismissal of any such constable, the date thereof and the authority making the same, within one week after the date of such appointment or dismissal, as may be ; and every such clerk of the peace shall keep such record in a book to be open to public ins- Foes, pectiou, charging such fee or fees only as the Governor in Council may from time to time authorize, and in such form as the Governor in Council may from time to time direct. runishmehtof 4. Evcvy such constable who shall be guilty of any I'onstnbies ncglcct or breach of duty in his office of constable, shall Ki'eot^uf duty. ^® liable, on summary conviction thereof within any county, city, district or other local jurisdiction wherein such Railway may pass, to a penalty of not more than eighty dollars, the amount of which penalty may be de- ducted from any salary due to such olfender, if such con- stable be in receipt of a salary from the Railway Company, or to imprisonment, with or without hard labor, for not mor than two months, in the gaol of such county, city, , district or other local jurisdiction. And of persons «5i Evcry person who shall assault or resist any consta- rcsiitingthem. }jig appointed as aforesaid, in the execution of his duty, or who shall incite any person so to assault or resist, shall, for every such ofience, be liable, on like svimmary convic- tion, to a penalty of not more than eighty dollars, or to imprisonment, with or without hard labor, for not more thun two months, in such gaol as aforesaid. 18G0. Railwny Act Amendment Art (ff 18G0. Cap. 20. 67 <». Every person who shall bore, pierce, cut, open, or rmiishmcnt of otherwise injure any cask, box, or packaofe containinG: '"''"'"'' ''"""* Wine, spirits, or other liquors, or any case, box, sack, ,.,i,ka ..r pack- wrapper, packa;^e, or roll of goods, in, on or about any '^ses on rail- car, waggon, boat, vessel, wharehouse, station-house, wharii '"'^' quay, or premises of or belonging to any such IJailway Company, with intent feloniously to steal, or otherwise un- lawfully to obtain or to injure the contents or any part thereof^ or who shall unlawfully drink, or wilfully spill or allow to run to waste any such liquors or any part thereof, shall, for every such offence, be liabk\ on like summary conviction, to a penalty of not more than twenty dollars, over and. above the value of the goods or liqiiors so taken or destroyed, or to imprisonment, without hard labor, for not more than one month, in such gaol as afore- said. 7. For any offence against the provisions of this Act, Praoeedings punishable by summary conviction, it shall be lawful to ^v^'amst any proceed against the oflender, either in the manner pi'o- ^.'''„ ^ J" q,,". vided by this act, or according to the provisions of the act nada, cap. respecting' the duties of justices of the peace out of sessions, in ^'^"^' reldlion to summary convictions and orders, forming the one hundred and third chapter of the Consolidated Statutes of Canada, in regard to any acts and offences in such act mentioned^ and it shall be lawful to use, pursue, and adopt any or all of the forms, directions, modes of proce- dure, remedies and proceedings, (as well in regard to wit- ness and parties as others,) mentioned or provided in siich act in all complaints, prosecutions, convictions, levies and proceedings for offences against this act. R In all cases of comi^laint by summary proceeding ^f'P'^''''"^"'^'' before a justice of the peace in Upper Canada, against any person for a violation of any of the provisions of this act, all decisions, convictions and orders made by such justice shall be subject to appeal, in the manner and under the provisions prescribed in the act " respecting' appeals in cases of summary conviction, " forming the one hundred and fourteenth chapter of the Consolidated Statutes for Upper Canada, 9. "Whenever any level crossing on any railway shall Railway may 09 Cap. 29. Rnihrny Act Amendment Act of 18(50. 24 ViCT. bo required ko 1)0 out of Topair, tho wardoii, mayor, roove or othor chief repair nny ollicer of tho municipality haviiiy juri.sdiction over the level or'is.sini' ., , ' . out of rctinir. I'^^^vay 80 crosHt'd, may serve a notic*! upon the company in the usnal manner, requiving the repair to bo forthwith made ; and if the company shall not forthwith make the same, such otiicer may transmit a copy of the notice so served to the inspector of railways ; and thereupon it shall bo the duty of said inspector, with all possible des- patch, to appoint a day when he will examine into the matter ; and he shall by mail give notice to such warden, mayor or reeve, and to the company, of the day he shall so iix ; and upon the day so named he shall examine such Inspector's crossiiig ; and any certificate under his hand .shall l)e linal ccrtiiieiito toQjj ^j^j, subjcct SO iu disputc between the parties ; and if the said inspector shall determine that any repairs are required, he shall specify the nature thereof in his said certificate, and direct the company to make the same ; and the company shall thereupon, with all possi])l(» des- patch, comply with the requirement^: of such certificate ; and in case of default, the municipality, within whose jurisdiction the said crossing is situate, may make such repairs, and may recover all costs, expenses and outlays in the premises by action against the company in any court Proviao. of Competent jurisdiction, as money paid to the company's use ; provided always that neither this section nor any proceeding had thereunder shall at all affect any lialnlity otherwise attaching to such company in the premises. Provision ^®- Whenever any judge of a county court in Upper when tho Canada is interested in lands taken or required, within county ju.ip;o the couiity ill whicli he is such judge, by any Jiaihvay in inniis re- Company, lor railway purposes, any judge ot any oi the quired for any superior courts at Toi'onto shall, on application of such raiiwpy. company, exercise in such case all the powders given to such judge of a county court by the eleventh section of the railway act, in cases in which he, such judge of a ,county court, is not interested. Extent of act. U. The provisioiis of this act shall apply to every railway made or to be made in this Province. „^ , ^.„ V2. This act shall be cited as " The Railway Act Amend- Short title. •' ment Actof 1860." 1861. Railway Ad amended. Cap. 17. 09 CAP. XVII. An Act to exphiin and aiuoiul the Railway Act. [Assented to ISth May 1861.] WHEREAS doubts are entertained as to whether Kec- Priimbie. tors in possession of Cllebe Lands in Upper Canada, Ecclesiastical and other corporations, trustees of land for church and school purposes or either, executors appointed by wills in which they are not invested with any power over the real estate of the testator, administrators of persons dying intestate but at their death seized of real estate, are authorized by the eleventh section of the liailway Act to sell or dispose of any of such lands to any railway com- pany for the actual use of and occupation by such company ; And whereas it is desirable to remove such doubts, and to amend the said railway act in the particulars hereinafter set forth : Therefore, Iler Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : I. The true intent and meaning of the said section of the certain con- icca to ay com- said act w^as and is, that the several persons and parties ^''^'^"''"' '" . , . . , . . , •. , , railwn hereinbefore mentioned, with respect to the lands above |,„„ie3 under in this act referred to, should and shall exercise all the sect, n of tho powers mentioned in the first subsection of the said section '^'"'^^''y ^^y *■ doolarod valid. elcA'en of the said railway act, with respect to any oi such lands actually required for the use and occupation of any railway company ; and any conveyance made under the said first subsection shall vest in the railway company re- ceiving the same, the fee simple in the lands in such deed described, freed and discharged from all trusts, restrictions and limitations whatsoever. J5. All the provisions in the said section and in the said Soct. ii of act contained as to arbitrations, and obtaining possession *^""- ''"''•• and title to such lands, and the disposition of the purchase J 9.L.\^-. 70 Cap. 17. Railway Act amended. 24 ViCT- money, shall apply to all the parties and lands in this act and in the said subsection mentioned; and no railway company shall be responsible for the disposition of any purchase money for lands takini by them for their pur- po.st^s, if paid to the owner of the land or into court for his benefit. ProTiMon 3. Whenever any county judge shall be or is interested when oomitr in hinds taken or required within the county in which ho ostoo! " " ^^^^ such judge, by any railway company, for railway pur- poses, any judge of any of the superior courts in Upper or Lower Canada shall, on application of such company, ex- ercise in such case all the powers of the county court judge given to him by the said eleventh section of the said act, in cases in which he the county judge is not interested. Sect. 131 4. The one hundred and thirty-first section of the rail- amundod. -y^ay act is hereby amended by adding thereto the follow- ing proviso : Railway oom- Provided always, that every railway company shall, ac- panios must cordiuff to their respective powers, allbrd all reasonable afford onoh ,. ... .» , .,-1 p ,i other every fa- hicihties to ally other railway company ior the receiving ciiity for tho aiid forwardjug and delivering of traffic upon and from the trlfflr'witiinut^*^^'^'**^ railways belonging to or worked by such compa- jireforcnce or nies respectively, and for the return of carriages, trucks, favour. and other vehicles ; and no such company shall give or continue any preference or advantage to or in favor of any particular company or any particular description of traffic, in any respect whatsoever, nor shall any such company subject any particular company or any particular descrip- tion of traffic to any prejudice or disadvantag-e in any res- pect whatsoever ; And every railway company haA'ing or working a railway which forms part of a continuous line of railway or which intersects any other railway, or which has any terminus, station or wharf of the one near any ter- minus, station or wharf of the other, shall afford all due and reasonable facilities for receiving and forwarding by the one of such railways, all the traffic arriving by the other, without any unreasonable delay, and without any such preference or advantage or prejudice or disadvantage as aforesaid, and so that no obstruction may be offered in the using of such railway as a continuous line of communica- 1861. Railway Act amended. Cap. 17. 71 tion, and so that all rensonablo accommodation may, at all tim»»s, by the moans aforesaid, bo mutually allbrdod by and to the said several railway companies ; and any ai,^reenu'nt Agrooments between any two or more railway companies contrary to"""i<> >n i-n- the tbreg-oinjf provisions, made after the passing of this act, liXnIt "Jbe shall be unlawful, null and void. • v.>id. •5. If any oificer, servant or agent of any railway com- I'ennity .m pany, having the superintendence of the trailic at any sta- 7".''""""' " tion or depot thereof, refuses or neglects to receive, convey rofunin^' (.mo- or deliver at any station or depot of the company for which Ki«ntin)? t.> they may be destined, any passenger, goods or things, J||,'"||,'^^'' '"'"'' brought, conveyed or delivered to him or to such company, .[uircd. for conveyance over or along their railway from that of any other company, intersecting with or coming near to such first mentioned railway, — or in any way wilfully contravenes the provisions of the next preceding section, — such first mentioned railway company or such officer, ser- vant or agent, personally, shall, for each such neglect or refusal, incur a penalty not exceeding fifty dollars, over and above the actual damages sustained ; which penalty may be recovered, w'ith costs, in a summary way, before iiowrocovcr- anv iustice of the peace, bv the railway company or any '*'''° "'"' '" *^ , -111 1 i PI -1 to bo npi-lieJ. other party aggrieved by such neglect or reiusal, and to and for the use and benefit of such company or other party so affsrrieved. *e30' O. For the piirposes of the two next preceding sections, intorjirotatiun the word " traffic" includes not only passengers and their"^^/"^'^"" ''' baggage, goods, animals and things conveyed by railway, but also cars, trucks and vehicles of any description adapt- ed for running over any railway ; — the word " railway " Railway, includes all stations and depots of the railway ; — the ex- ■'"''""y <="'"■ pression " railway company, includes all parties owning, leasing or working any railway ; — and a railway shall be deemed to come near another when some part of the one is within one mile of some part of the other. 7. This act shall form part of the railway act, and shall This act to be construed as applying to any railway company incorpor- *^"'^"' p*""' "^ ated or to be hereafter incorporated, to which the pro- act. visions of the said railway act apply, and shall have eit'ect accordingly. 72 Cap. 17. Raitwat/ Act amended. 24 Vict. Interest of N. The interest of the purchase money or rent of any liiircim.-o j.p,^| property acquired or leased by am' ruihvay company money nr rout ' ' / xi iv • ^ i ' i u i of jiroporty no- i^^^d iiecessary to the elncient workini^ ot such railway, ccKsiiry for and Ihc price or purchase money ot any real property or wcrking a thinj? without which the railway could not be efliciently railway to bo , ' Uoxiiicai-artof worked, shall be considered to be part of the expenses of itH working working such railway, and shall be paid as such out oi the expenses. eamiugs of the railway. ACT OF LVCOnPOH \T10\' OV TUB NOHTII SHOIU: HAILVVAY. CHAP. 100-10 Victoria. An Act to authori/.o tlio formation of a company to coustnict a Railroad on the North Shore of the River Saint Lawrence. iVom tlie city (,f Quebec to the city of Montreal, or to some convenient point on any Railway leadin- from Montreal to the Western Cities oi this Province. [Assented to 22nd Aprils 1853.] TITHEREAS the construction of a Railway connecting Preamble. ^ ▼ the extremities of the Province must greatly con- duce to promote the welfore and interests of its inhabitants, and It IS therefore desirable that a railway should be con- structed to connect the city of Quebec in as direct a line as possible with the railway projected to run westward from he city of Montreal, and thus to connect the latter by a direct and advantageous line with the intended rail- Way from Quebec to the eastern hmiis of the Province • And whereas such aline, passing through a most populous and important section of the country, may be found on the North bhore oi the River Saint Lawrence ; 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 Legislative Assembly of the Province of Canada constituted and assembled by virtue of and under the au- thority of an Act passed in the Parliament of the United 74 Cap. 100. St. Lniorenee North Shore Raihoaij. 16 Vict. Kingdom of Great Britain and Ireland, and intituled : An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted Corporation of by the authority of the same, That the Mayor and coun- Quobec may cillors of the city of Quebec may cause books to be opened cause Books of , . r>. ,i • n i • . . , subscription to ^"^ ^^^Y ""16 alter the passing of this Act, to receive the bo oponod, Ac. Subscriptions of such persons, corporations or other parties, as may be desirous to take shares in the stock of a com- pany for constructing the railway referred to in the Pre- amble to this Act, and may keep such books open at the office of the said corporation for such time as may be ne- And call a cessary : And at any time after One Hundred and Twenty- i„g"f^*j^^'""'' five Thousand Pounds of the said stock shall have been Election of Subscribed for, by not less than thirty distinct parties, the Directors, said Corporation may bv a notice to be puplished at least when.£l25,0C0 ,v ,- • ,i tV t' i i i^ i i in subscribed. ^"^66 timcs ill the Lnglish and 1 rench languages in some three or more of the public newspapers published in the said city of Quebec, call a general meeting of the subscrib- ers, to be held at such place in the said city as shall be appointed by the said notice, and that at such meeting the Mayor of the said city, or in his absence any one of the Members of the City Council, may preside, and the City Clerk shall act as Secretary ; and at such meeting the ma- jority of the subscribers present thereat may elect from among the persons having each subscribed for stock of the intended company to the amount of One Hundred Proviso : if Pouiids or upwards, nine persons to be the first Directors 8hm!idSo °^ *^^ intended company : Provided always, that if, at the be held, io. fi^st meeting so called, nine Directors should not be eleoled as aforesaid, then another meeting may be called, in the manner aforesaid, by the Mayor and councillors of the said city, giving a notice thereof in the manner prescribed with regard to the first meeting ; and so toties quoties until a meeting be effectively held and nine Directors elected thereat. On certain 2. And be it enacted, That so soon as may be after the Documents glcction of Directors as aforesaid, the said City Council shall being trans- . , , mitted to the Certify to the Secretary of this Province for the information Provincial of the Grovemor, and under their corporate seal, that such shau gl^'a " election of Directors has been had in conformity to this certificate Act, aiid the namcs of the Directors so elected, and shall 1853. St. Lntvrence North Shore Railway. Cap. 100. 75 transmit to the said secretary a copy of the subscription '^•''«'> s*"*" book aforesaid, shewing the nuni])er and names of the InXrpornt^on subscribers, and the actual bond fide amount of their or tho Com- respective subscriptions, pnd an alFidavit or solemn aflirm- 1"'"^ ""'*" ation of the said City Clerk, that the said copy is a faithful and correct transcript from the original books in the pos- session of the City Council ; and it shall appear by the do- cuments aforesaid that an amount not less than One Hun- dred and Twenty-five Thousand Pounds of the said stock has actually been subscribed for bond fide, and if the said council shall, with the documents aforesaid, transmit also to the said Secretary the certificate of the Cashier of some chartered Bank in this Province, of the deposit therein of a sum equal to ten per cent upon the amount of subscrip- tions, wdth authority to the said Secretary to control the withdrawal of the said deposit for such time as the said Secretary may think proper, not longer than six monihs after the llailway shall have been actually commenced and proceeded with, then the said Secretary is hereby required forthwith to deliver to the Mayor and councillors of tho city of Quebec, a certificate that all the requirements of this section have been complied wnth ; And upon and after the granting of the said certificate, the subscribers to the stock of the intended company, and such persons and parties as shall thereafter become subscribers to the same, their several and respective heirs, executors, administra- tors, curators and assigns, j)roprietors of stock in the said undertaking, shall be, by virtue of this Act, one Body Cor- Corpornte porate and Politic, by the name of " The North 'thore ""'"" *"'' powers. Kail way Company, " and the Directors elected as afo. aid shall be the first Directors of the said company, and the said company shall be thereafter, by virtue of this Act, authorized and empowered by themselves, their deputies, agents, officers, workmen and servants, to make arid com- plete a railway to be called " The North Shore llailway," from any point within the limits of the said city of Quebec to any point within tho city of Montreal, or to carry such railway by a line in the rear of the city last named to i''"o "f any point in the country of Montreal beyond or to the ^^'"''^"y- westward of the said city, and there, if they deem it expe- dient, to connect it with any railway to be constructed from the said city to or towards the city of Kingston or 7B Cap. 100. St. Lawrence North Shore Railway. 16 ViCT. certified, to be evidence. ProTino: to OF towards the town of Bytown : Provided always, cret'ar "s Cor- ^^^^ ^ copy of the Certificate granted as aforesaid by the tiDoate duly Secretary of this Province, shall by the said company be published in the Canada Gazette within twenty days after it shall have been granted by the said secretary ; but such certificate shall remain in the custody of the Mayor and councillors of the city of Quebec, and any copy thereof, certified by the clerk of the said city as correct, and bearing the seal of the corporation, shall be evidence of such certificate and of the facts therein alleged, and of the incorporation of the said company by virtue of this Act ; and the original books of subscription shall be delivered up by the said Mayor and councillors of the city of Quebec to the Directors of the said company, to be by them kept open for further subscriptions (if necessary) as hereinafter mentioned. Proviso : Cor- porations of Quebec and Montreal may regulate the use of the Railway within the said Cities. 3. Provided always, and be it enacted, That the said railway shall not be brought within the limits of the city of Quebec, or of the city of Montreal, without the per- mission of the corporation of such city, expressed by a By-law, and by any such By-law provision may be made as to how far the railway, may be brought within the limits of the city, and how far within the same locomo- tive engines shall be allowed to run, and generally as to the mode in which the railway shall be located and cons- tructed or worked within such city so as to guard the inhabitants thereof, and their property, from injury from the location or construction thereof of the mode of working or using the same, and any such By-law shall bind tne company and the corporation, but shall not be afterwards repealed or altered without the consent of the company. Certain 4. And be it enacted, That the several clauses of " The clauses of 14 Railway Clauses Consolidation Act, " passed during the & 16 V. 0. 51, gggg^Qjj jjgi(j jjj the fourteenth and fifteenth years of Her incorporatod , •' with this Act. Majesty's Reigii, with respect to the first, second, third and fourth clauses thereof, and also the several clauses of the said Act with respect to the " Interpretation, '' " Incor- poration, " " Powers. " " Plans and Surveys, " " Lands and their valuation, " " Highways and Bridges, " " Fences, " " Tolls, " " General Meetings, " " Directors, their Election 1853. St. Lawrence North Shore Raihray. Cap. 100. 77 and Duties, " " Shares and their Transfer, " " Municipa- lities, " " Shareholders, " " Actions for indemnity, and lines and penalties, and their prosecution, " " AVorking of the Railway, " and " Greneral Provisions, " shall be incorpo- rated with this Act ; and the expression " this Act, " when used therein, shall be understood to include the clauses so incorporated with it. a. And be it enacted. That the gtiage of the said Railway ouage. shall not be broader or narrow^er than live feet six inches. <». And to the end that the said company may be Directors to enabled to carry on so useful an undertaking— 13e it '^^';"'"-' '^'"''*« enacted, Ihat it shall imd may be lawful lor the said com- t„roinain open pany and their successors, to raise and contribute among 'f nccoasary, themselves, in such proportions as to them shall seem meet and convenient, a competent sum ot money for the making and completing the said railway, and all such other works, matters and conveniences as may be found necessary for making, eifecting, preserving, improving, completing, maintening and iising the said railway and other works ; and if the whole stock be not subscribed before their election, the Directors of the said company shall cause the Books of Subscription opened as aforesaid, to remain open at some place in the city of Quebec, and other l)Ooks to be opened elsewhere, within or without this Province, at such places as tl.ey m-iy appoint, for receiving the signatures of persons willing to become subscribers to the said undertaking, until the whole stock shall have been subscriljed for ; and for this purpose they shall be held and bound to givepul)lic notice in the Canada Gazette, and such other newspapers as they or a majority of them shall think proper, of the time and places at which such books will be opened and ready for receiving signa- tures as aforesaid, and of the persons by them authori^^ed to receive such subscriptions ; and every person, corpora- tion, community or party, who shall write or authorize any person to write his or her signature, or corporate or collective name, in such book or in any l)ook of subscrip- tion opened by the Mayor and coiincillors of the city of Quebec, as a subscrilier to the said undertaking, shall thereby become a Memljer of the f-aid company, and shall have the same rights and liabilities as such as are hereby 78 Cap. 100. SL Lawrence North Shore Rail way. 16 ViCT. conferred on the Members of the said company, nor shall it be necessary that the subscription of any corporation ProTiso: per- {q ^he stock be Under its common seal : Provided always, eons who 8ub8> ,1 , .• ^ i i c ji oribedfor *"^*' ^"7 P*?r8on, corp»oration or party, who belore the Shares in the passing of this Act has or shall have subscribed or autho- iiftiiwny when Yizcd any pcrson to subscribe his or her name, or the g\nMy, to bo Corporate .lame of such corporation, for any amount of liable as sub- stock in fvuy Stock Book of the then intended company to scribors ""J" ^.^j^g^^^^^^ ^ railway on the North Shore of the Kiver Saint this Act. Lawrence, between the city of Quebec and the city of Montreal, or such other place in the rear thereof as might be found practicable, to be called " The North Shore Railroad," subject to the provisions of the Kailway Clauses Consolidation Act, and of a Special Act to be obtained by the company from the Legislature of this Province, shall be deemed to have subscribed for a like amount of stock of the company hereby incorporated, and shall have all the rights and be subject to all the liabilities which they would have or be liable to if they had subscribed for a like amount of stock under the provisions of this Act. Capital stock : 7, Aud be it cuactcd. That the sum so to be raised or an itsapph- g^i-jycj-jj^gji shall coui^titute the capital stock of the said company, and shall not exceed in the whole the sum of Six Hundred Thousand Pounds currency, and the money so to be raised is hereby directed and appointed to be laid out and applied, in the first place, for and towards the payment of all disbursements for making the surveys, plans and estimates incident to the said railway, and all the rest, residue and remainder of such money, for and towards making, completing and maintaining the said railway, and other the purposes of this Act, and to no other use, intent or purpose whatever. Amountof 8. And be it enacted. That the said sum of Six Hundred oaoh Share. Thousaud Pouuds shall be divided and distinguished into ninety-six thousand equal parts or shares of Six Pounds Five Shillings currency each, and that such shares shall be To be personal deemed personal estate, and shall be transferred as such ; property. ^^^^ ^j^^^ ^^^ ,^j j uincty-six thousaud shares shall be and are hereby vested in the said several subscribers, and their Executors, Several respective heirs, executors, curators, administrators itc, paying of ajj J assigus, to their and every of their proper use and 1853. St. Lawrence North Shore Railway. Cap. 100. 79 behoof, proportionally to the sum they and each of them ''mrcs, in- shall severally subscribe and pay thereunto ; and all and "^ '^™"""" " every the bodies politic, corporate or collegiate, or communi- ties, and all and every jierson or persons, their several and respective successors, executors, curators, administrators and assigns, who shall severally subscribe and pay the sum of Six Pounds Five Shillings, or such sum or sums as shall be demanded in lieu thereof, towards carrying on and completing the said intended railway^ shall be entitled to and receive, after the said railway shall be completed, '^'^ ''f "/, the entire and net distribution of the prolits and advan- tages that shall and may arise and accrue by virtue of the sum and sums of money to be raised, recovered or received by the authority o^" this Act, in proportion to the number of shares so held ; and every body politic, corporate or collegiate, or community, person or persons, having such property of one ninety-six thousandth part or share in the said undertaking, and so in proportion as aforesaid, shall bear and pay an adequate and proportional sum of money towards carrying on the said undertaking in manner by this Ac' directed and appointed. 9. And be it enacted, that in case the said sum of Six increase of Hundred Thousand Pounds, hereinbefore authorized to be <^"i''"»' S'^^ck raised, shall be found insufficient for the purposes of this '"^°"' " ^^' Act, then and in such case it shall be lawful for the said company to raise and contribute among themselves, by subscription in books to be opened by the Directors for that purpose, and in such shares and proportions as to them shall seem meet, or by the admission of new subs- cribers, a further or other sum of money for completing the said intended railway, and its branches and other works or conveniences incidental or relative thereto, not exceeding the sum of Four Hundred Thousand Pounds currency aforesaid ; and every subscriber towards raising such further or other sum of money, shall be a Shareholder in the said undertaking, and have a like vote by himself, or herself, or his or her proxy, in respect of every share 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 propor- tion to the sum he, she or they shall or may subscribe thereto, as generally and extensively as if such other or 80 Cap. 100. St. Lntvrence North Shore Railway. 16 Vkt. further sum had been originally raised as part of the said first sum of 8ix Ilundved Thousand Pounds ; any thing therein contained to the contrary notwithstanding. Votes in pro- 10. Aud be it cuacted, That the number of votes to portion to which oach Shareholder in the said undertaking shall be entitled on every occasion when, in conformity to the provision of this Act, the votes of the members of the said company are to be given, shall be equal to the num])er of Proviso. shares held by him : Provided always, that no one Share- holder as aforesaid shall have more than live hundred votes. Annual Oono- |1. And be it enacted, That in the month of June in rai Meeting. ^^^^ ^^..^^^ .^^^ Auuual General Meeting ol the said Share- holders shall be held to choose Directors in thi> room of those whose olfice may at that time become vacant, and Special Meet- generally to transact the ])usiness of the company ; but if caul'd' Aoi ^^ '^'^y time it shall appear to any eleven or more of such Shareholders, holding together two thousand shares at least, that for more ellectually putting this Act into execu- tion, a special meeting ol' Shareholder is neccfc-sary to be held, it shall be lawful for such eleven or more of them to cause lilteen days' notice, at least, to be given thereof in the Canadd Gazette, and in any other newspaper in each of the cities of Quebec and Montreal, or in such manner as the Shareholders shall by a liy-law passed at any (.reneral Meeting, direct or appoint, specifying in such notice the time and place, and the reason and intention of such Special Meetings respectively ; and the Shareholders are hereby authorii^ed to meet jiursuant to such notice, and proceed to the execution of the powers by this Act given them, with respect to the matters so specilied only ; and all such acts ol'the Shareholders, or the majority of them, at siich Special Meetings assembled, such majority not having either as principals or proxies less than two thous- and shares, shall be as valid to all intents and purposes as Proviso: for H" the samc were done at General Meetings; Provided ingvacan- |^^.„,5. ^}^.^^ ^j- g}^.|]i .^m"[ j^rjy \^q^ lawful for the said cies m tlio J ' J direction. Shareholders at such Special Meetings, in case of the death, absence, resignation or n^moval of any perison named a Director to manage the all'airs of the said com- pany in manner aforesaid, to choose and appoint another 1853. St. Lmrrence North Shore Rnilway. Cap. 100. 81 or ot h(Ms, in the room or stead of those Directors who may die or be absent, resii^n or be removed as aforesaid ; any thinf,' in this Act to th(5 contrary notwithstanding. lU. And be it enacted, That the number of Diri'ctors.Vimiiiprnn.i of the said company shall be nine, and at tht; said Annual ""^''"^ ""^"' ■»T • 1 !• 1 • 1 • IV 1 11 11 tiruniotit ol Meetni. And bo it enacted, That it shall and may be lawful '"''"'•""'" for the company to take and appropriate for the use of covered by j. •/ -*■ the St. Liiw- their Kailway, but not to alienate so much of the beach or ronce or huid covcrcd with tlio wators of the Iviver Ottowa, St. Ottawa, &c. (jharles, or St. Lawrence, or of any other river, stream or canal, or of their respective beds, as may be found neces- sary for the making and comi)leting, or more conveniently using the same, and thereon to erect such wharves, quays, inclined planes, cranes and other works as to the comx)any Pioviso : aM. shall soem meet: Provided always, that it shall not be ):.iuo,«ovor iji^vful' for tlio Said connxuiy to cause any obstruction in mors, \(3. or to impede the free navigation of the liivers Saint Charles, Saint Lawrence or Ottawa, or of any other river, 1853. Si Lawrence North Shore Railway. Cap. 100. 83 stream or canal to or across which their Railway shall be carri(Ml : and ii" the said Kailway shall ho carri<>d across any navigal)lo river or canal, the said comi)any shall leave such openings between the piers oi" their bridge or viaduct over the same, and shall construct such draw-bridge or swing bridge over the channel of the river or canal, and shall be subject to such regulations with r»'gard to the opening of such draw-bridge or swing-bridgi^ for the passage ot vessels and rafts, as the Govenor in council shall direct and make from time to time ; nor shall it be lawful for the said comi)any to construct any wharf, bridge, pier, or other work upon the public beach or bed of any navigable river, stream or canal, or upon the land covered with the waters thereof, imtil they shall have submitted the plan of such work to the Governor in council, nor until the same shall have been approved by him in council, as aforesaid. JovorriDr in 20. And be it enacted, That by any regulations to be (^^ made by the Governor in council touching any such Coimoii may drawn-bridge or svving-l)ridge as aforesaid, penalties not ''"i""" ''"'" exceeduig len 1 ounds, in any case, may be imposed lor the contravention thereof, and such penalties cihall be recoverable from the said company or from any of their olhcers or servants by whom the regulations shall have been contravened. 21. And be it enacted, That the said company shall company have power to become parties to Promissory Notes and '"' parties to Bills of Exchange for sums not less than Twenty-live ^l^jl.'^'*^^^'^"^ Pounds, and any such Promissory Note made or endorsed, and any such Dill of Exchange drawn, accepted or endorsed by the President, or Vice President of the com- pany, and countersigned by the Secretary and Treasurer, and under the authority of a majority of a (/uornni of the Directors, is and shall be binding upon the company ; and every such Promissory Note or Bill of Exchange made, drawn, accepted or endoi'sed by the President or Vice I'resident of the said company, and countersigned by the Secretary and Treasurer as such, either before or after the passing of this Act, shall be presumed to have been pro- perly made, drawn, accepted or endorsed, as the case may be, for the company, ujitil the contrary be shown ; and in may 8i Cap. 100. St. Lawrence North Shore Rai/wai/. IG ViCT PtjvUo. Corpomtfons may lend money to the Com jinny u.i Wull HK 811 1>- ncribn for Stuck, Ac. no case shall it be necessary to have the seal ol" the com- pany aillxed to any such lUU ol' Exchansre or Promissory Note, nor shall the President, Vice l•re^ident, or the Secretary and Treasurer ol' the company so makinj?, drawing, accepting, or endorsing any such Promissory Note or Hill ol' Exchange, be therel)y subjected indivi- dually to any liability whatever : Provided always, that nothing in this clause shall be construed to authorize the said company to issue any Note payable to bearer, or any Promissory Note intended to be circulated as money, or as the Notes of a Bank. iW. And be it enacted. That if at any time the Mayor and Councillors of the city ol' Quebec, or the corporation of the city of Montreal, or the (leutlemen Ecclesiastics of the Seminary of Quebec, or any other corporate body, civil or ecclesiastical, or any Municipality in this Province, shall be desirous of subscribing for shares of the capital stock of the said company or of otherwise promoting the speedy completion of the said railway, by loans of money or securities for money at interest or a cons/ ifttf ion de rente, it shall be lawful for them respectively so to do in like manner, and with the same rights and privileges in respect thereof as private individuals may do under or in virtue of this Act, any thing in any Ordinance or Act or Instru- ment of Incorporation ol any such body, or in any Law or usage to the contrary notwithstanding : Provided always, that should the said company require to purchase from the Ecclesiastics of the Seminary of St. Sulpice of Montreal, any land either on the Lachine Canal, River St. Lawrence, or in any other place, for the purposes of the railway, it shall be lawful for the said Ecclesiastics to sell and convey the same to the company, without advertising and oli'ering the said lands at public sale, or without any other formality of sale than is provided by this Act Corporation of 2JI. Provided always, and be it enacted, Tha* inas- Quebeo not to ^ijch a,8 .the Mayor and councillors of the city of Quebec, be subject to i i i • i i n . . , the provisionH have already obtained the consent ol a majority ol the of paniKrnph 3 qualified clectors of the Municipality, that the said Mayor of 8. 18, of 14 ^^^ councillors should subscribe for shares to an amount not exceeding One Hundred Thousand Pounds in the capital stock of any company to be incorporated for the Provifo. & 15 v. 0.51. 18u3. St. Latnrence North Shore Railway. Cap. 100. 85 purpose of iniikin2f tho railway authorizod by this Act, th»'r(»r()r«^ the pariMjfraph or (livision ol" tho oichtiM'nth soction of Thf Riiiliniif Clnnam Con^to/idtifion Act, inarkod "Thirdly," shall not apply to any subscription l)y the said corporation to the capital stock of the company hereby incorporated, or to any loan or uuarantee to or in favor of the said company by the said corporation, provided the amount so subscril)ed for, loaned or jruaranteed, does not exceed the sum of One Hundred Thousand l^ounds afore- saitl ; and the said corporation may, either before or after the incorporation of the said company, and without any previous formality or proceeding?, subscribe for shares in the capital stock of the said company, to an amount not exceedi)ii>- the sum aloresaid, or may, to the amount afore- said, lend to or f^uarantee the payment of any sum of money borrowed by the company from any corporation or person, or indorse or i^uarantee the payment ofunydcl)en- ture to bo issued by the company for money by them borrowed, and shall have power to assess and levy from time to time upon the whole rateable property in the said city, a sulUcient sum to enable them to discharce the debt or ens^ajrement so contracted, and ibr like purpose to issue de])entures payable at such tim«»s and for such svims respectively, not less than Five Pounds currency, and beariufT or not bearing interest, as the said corporation may think meet : Provided always, that nothing in this ProvUo: Cor- Act shall be construed to prevent the said corporation or P'""*''"" "f" the Mayor and councillors of tho city of Quebec, from ,„i,flCTibo for subscribing for any iurther or additional amount of the further sum. stock of the said company, if they see feet so to do, com- plying with the provisions of the Railway Clauses Conso- lidation Act in that behalf, as far as regards such further or additional amount of stock. 21. And be it enacted. That if at any time any Sheriff procoodinga or BailitF shall receive a Writ of Execution, commanding under any him to levy any sum of money due by any Municipality ^^"' °*^ ^*®' for the principal or interest of any Bond or Debenture ^ Municipality issued under the authority of this Act, the Plaintiff may for arrearH ot require, and the Court whence such execution issues may "'^*''""*°'" 1 •' principal on order it to be levied by rate ; and if such order be made, any of its De- the Sheriff or Bailiff shall cause a copy of such Writ to be benturea. 86 Cap. 100. St. Lawrence North Shore Railwaij. 16 ViCT. served npon the Secretary-Treasurer of such Miincipality, and if the money therein mentioned, with all the lawful interest and costs, which the said Sheriff' or Bailiff' is com- mended to levy, be not paid within one month from the time of such service, the said Sheriff' or Bailiff" shall himself calculate what rate in the pound, upon the assessed value of all the rateable property lying or situate within the limits of the said Municipality, will, in his opinion, after making fair allowance for the expenses, losses and defi- ciencies in the collection of such rate, be required to produce the debt, interest and cost which he is commanded to levy, and a sum of ten per centum in addition ; and the said Sheriff" or Bailiff' may command the Council of the said Municipality, and all officers whom it may concern, to cause the said rate to be levied and collected, and the proceeds to be paid over to him ; and it shall be the duty of the Secretary-Treasurer, and the Assessors, Collectors, and all other officers of the said Municipality, to produce to the said Sheriff or Bailiff, on his demand, all assessment books, papers and documents, having reference to the assessment of the property in the said Municipality, and to give him such information as he may require in order to fix the said rate : and all such officers of the said Muni- cipality shall be bound to obey the said Sheriff or Bailiff, as well in respect of such information as in the levying and collection of such special rate, and for neglecting or refusing such obedience, shall be liable by imprisonment {contrainte par corps) to be decreed against them by the Court in which the judgment has been rendered and ought Powers of tho to be levied ; and the said Sheriff or Bailiff" shall, for the Sheriff or offi- purpose of imposing, levying and collecting the said ccr to levy tho % ^ required rate. Special rate, have all the powers of the said Municipal Council and of its officers, and may proceed to the sale of lands and immoveable property in the same manner, and r take such other proceedings and recourses as they could do for the non-payment of any rate or assessment ; and the said Sheriff or Bailiff" shall pay to the Plaintiff' his debt, interest and costs out of the amount levied, and if there be any surplus, it shall be paid back to the Secretary- Treasurer of the said Municipality, but if there be a deficiency, a new rate shall be imposed and a levy made ; and no rate so imposed, nor any levy or collection by such 1B53. St. Laivrence North Shore Railway. Cap. 100. 87 ^herilFor Bailiff, shall be liable to be opposed for inequality or injustice, but any party injured may petition the Council of said Municipality for redress out of their other funds. ^♦'5. And be it enacted. That it shall be lawful for the Tho Govcm- Oovernor in council, at any time after the expiration of '",^°' '"''^ . ' •' ^ alter a ceiliun twenty-one years, from and after the first day of January time a.-sumo next, after the day on which the certificate mentioned in "»" i^'"'"'»y. the second section of this Act, shall be delivered by the ^,,"j[^ ^^^1,,^ Secretary of this Provmce, to the Vlayor and councillors of the city of Quebec, to purchase the said railway, with all its hereditaments, stock and appurtenances, in the name and on behalf of Her Majesty, upon giving to the said company three months' notice in writing of his intention, and upon payment of a sum equal to twenty years purchase of the annual profits divisible upon the subscribed and paid up stock of the said railway, estimated on the average of the seven then next preceding years ; Provided that the average rate of profits for the said seven Proviso- years, shall not be less than the rate of ten Pounds in the Hundred, and it shall be lawful for the company, if they shall be of the opinion that the said rate of twenty years purchase of the said railway, reference being had to the prospective profits thereof, to require that it shall be left to arbitration in case of difference, to determine what (if any) addilionnal amount of purchase monej shall be paid to the said company ; Provided also, that stich option of purchase shall not be exercised, except with the consent of the company, while any Order in Council, reducing the Tolls fixed and regulated by any By-law of the said com- pany shall be in force. 26.. And be it enacted, Thai from and after the com- Company to mencement of the period of seven years, next preceding ^^.^J* '^°'""""*' , i-ii •! 1 ^''" reference the period at which the said option of purchase will to such as- become available, full and true accounts shall be kept by sumption. the Directors of the said company, of all sums of money received and paid on account of the said railway.; and the said company, shall once in every half year during the said period of seven years, cause a half yearly account in abstract to be prepared, shewing the total receipt and Cap 100. St. Lawrence North Shore Railway. 16 ViCT. expenditure on account of the said railway, for the half year ending on the Thirtieth day of June, and on the Thirty-first day of December respectively, under distinct heads of receipt and expenditure, with a statement of the balance of such account duly audited and certified, under the hands of two or more of the Directors of the said com- They shall pany, and shall send a copy of such account to the Ins- ^™'"''''""pector General, on or before the last days of August and of such nc- '■ JO counts to the February respectively; and it shall be lawful for the Inspector Grovemor in Council, if and when he shall think fit, to appoint any proper person or persons to inspect the accounts and books of the said company, during the said period of seven years ; and it shall be lawfull for any person so authorized, at all reasonable times, upon pro- ducing his authority, to examine the books, accounts, vouchers and other documents of the company, at the principal Office or place of Business of the company, and to take copies or extracts therefrom. Debentures to 27. And be It enacted, That any Debenture in the be in the form f^,.^^ ^f ^^^ Schedule A to this Act, issued by the said duio to this company, shall be valid and effectual to all intents and Act. purposes according to the tenor thereof, and shall bind the company, and any Municipal Corporation which shall guarantee the same and if such Debenture shall purport to Hypothec un- give a mortgage or hypothec on the railway and property der such De- ^^ ^j^g ^^^j^j Company, such mortgage or hypothec shall be valid and shall rank from the date of such Debenture if the same be registered within one month from such date, and no such Debenture need be passed before a Notary or Notaries in order to give validity to such mortgage or hypothec, which shall include the iron rails and other parts of the track of the railway, and all bridges, buildings, constructions and fixtures upon the line of the railway or that part thereof to which the mortgage or hypothec shall by the terms of such Deben- ture extend, nor shall any more formal or particular description of the property than that given in the said Form be requisite ; and any such Debenture shall be registered as hereinafter mentioned on proof of the signa- ture thereto and of the common seal of the company, by the oath of any one credible witness, before the Registrar : 1853. St. Lawrence North Shore Raihraif. Cap. 100. 89 And for facilitating the registration of the said Debentures, Ropistration Be it enacted, That the registration thereof, in the Registry Office of the county of Quebec, shall be sufficient and shall have the same effect as if they were registered in every county through which the said railway shall pass or in which the property mortsraged or hypothecated shall lie, and the said company may furnish the liegistrar of the said county of Quebec, with a Book or Books containing copies of the Form aforesaid, one copy on each page, with such blanks as may be convenient for the several case, and the registry of any Debenture by copying the same at length in any of the said Books (without copying the interest coupons) and appending the certificate of Registry thereto, shall be a sufficient registry of such Debenture, and a corresponding certificate of registration shall be given by the Registrar on the original Debenture : and if Caneoiied any registered Debenture shall be brought to the said ^^''^"''"'®''- Registrar, with the word " cancelled " written across its face over the signature of the President or Secretary of the said company, then on the oath of one credible witness before the Registrar, that such signature and the word " cancelled " were written in his presence by the President or Secretary of the said company, the Registrar shall make an entry of the cancellation of such Debenture in the margin of the page on which the same is registered, and the cancelled Debenture shall remain of record in his office : and the fee of the Registrar for registering any Fees, Debenture shall be Two Shillings, and for entering the cancellation of any Debenture One Shilling'-, and no more. 2S. And be it declared and enacted. That the ActActiev. c. passed in the present session, intituled. An Act to empower ^^' ""^ ^'^^ any Railtrai/ Company whose Railway forms part of the Main^^^^^ l^^f^^ i^^ Trunk Line of Raihvay throughout this Province, to wwiVe Company and ivith any other such company or to purchase the property and^^^^^^'^^^'^'^^' rights of any such company, and to repeat certain Acts, therein mentioned incorporating Raihvay Companies, and the Act of this session amending the same, shall apply to the said North Shore Railway Company and their Railway. 29. And be it enacted. That this Act shall be a Public PubUc Act. Act ; and that in citing this Act in any other Act, or in any short title. W Cap. 100. St. Lawrence North Shore Railway. 16 ViCT. pleading or judicial proceeding, or in any contract or other document or instrument whatsoever, it shall be sufficient to use the expression " The North tShore Railway Act." ' ' SCHEDULE A. FORM OF DEBENTURE. NORTH SHORE RAILWAY. No, JK Sterling or Currency. This Debenture witnesseth that the North Shore Railway Company, under the authority of their Act of Licorpora- tion, have borrowed and received from the sum of sterling {or currency) as a loan, to bear interest at the rate of per centum per annum, from the date hereof, the said interest payable half yearly on the day of and the day of in each year, at to the said or the bearer of the proper interest coupon hereunto attached : and that the said company promise and bind themselves to pay the principal sum so borrowed as aforesaid to the said or the bearer hereof at on the day of , one thousand eight hundred and If the Debenture is to carry a mortgage or hypothec say : And for the due payment of the said principal sum and interest, the said company, under the authority of their said Act of Incorporation, hereby mortgage and hypo- thecate " the whole of the Railway called the North Shore Railway from its terminus at Quebec to its terminus at Montreal, both termini inclusive, and all the appurtenances thereof," or as the case may be. In witness whereof, I the President of the said company, have hereunto set my hand and affixed the common seal of the said company, at the city of Quebec, 1853. St. Lawrence North Shore Railway. Cap. 100. 91 hundred and ^'' '^ one thousand eight A. B. p -^ President. [L. s.] Secretary. If the Debent'ire he guaranteed hy any Municipal Corpo- ration, say : " Guaranteed by {name of Corporation):' J. H. Mayor. [l. s.] Registered in the Registry Office of the county of Quebec, on the day of one thousand eight hundred , on page of Book E. F. Registrar. i-i-..^- -tUJ- i,.;,^; 92 Cap. 34. North Shore Rail way {Quebec.) 18 Vict. Preamble. Authentic copy of the original sub- scription book to be made and delivered to the Com- pany : and for what purposes it shall be used in evidence, &o. CHAP. 34.— 18 Victoria. An Act to amend the Act of Incorporation of the North Shore Railway Company. [Assented to 18//t December, 1854.] WHEREAS the original sub.scription book of the North Shore Railway Company, kept in conformity with the Act sixteenth Victoria, chapter one hundred, incor- porating the company above mentioned, was destroyed by Fire on the thirtieth day of December, one thousand eight hundred and fifty-three, and it is expedient to provide a remedy for the inconveniences which might arize from such destruction ; And whereas it is necessary to amend the Act above referred to : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legis- lative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act pass 3d in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled. An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, as follows : 1. "Within the period of one month from and after the passing of this Act. the Secretary of the Province shall affix the seal of the Province to and shall deliver to the North Shore Railway Company, the copy of the said Stock or Subscription Book, and the documents accompanying the same, transmitted to him by the clerk of the city of Quebec, in conformity with the provisions of the second section of the Act above cited, which said copy shall have been previously certified by the said Secretary of the Province, as being that transmitted to him by the clerk of the city of Quebec ; and the said copy shall thenceforth be considered to all intents and purposes as the original, and shall have the same force and effect ; and the signa- ture of any person, whose name shall be found to be 1854. North Shore Railway (Qvebec.) Cap. 34. 93 inscribed in the said copy jis a subscriber or shareholder, shall bi; considered as having- been inscril)ed in the orij^inal book by the said subscriber or shareholder, and in case of denial on the part ol' such subscriber or shareholder, it shall be sullicient in order to prove the said signature or the number ol" shares subscribed for by the said subscriber or shareholder, that the person or persons whose name or names shall appear iipon the said copy as that or those of the witness or witnesses to the said si<^nature, to declare under oath that the said subscriber or shareholder did place his signature or mark (as the case may be) in the said original subscription book, or did subscribe for the said shares ; any law or usage to the contrary notwith- standing. 'o* 3. It shall be lawful for the said company when they Company may shall be hereunto authorij«ed at a special meeting of the ^"^'^ ^^"■^o^ in shareholders, to be previously called for that purpose^ undertaking. provided always, that at such meeting three fourths of such shareholders present must assent, to purchase, take, possess and subscribe for shares in any other railway or steam ferry company across the river St. Lawrence, at any point between Quebec and Montreal inclusive, when they shall deem it advantageous to the interests of the said North Shore Railway Company, and the Directors of the Voting on such said company may authorize one or more persons to vote stares. in respect of the shares, at any meeting of such railway or steam ferry company as aforesaid, in which the said North Shore Railway Company shall have so taken shares. II. The number of the Directors of the company shall Number of be twelve, who shall from and after the lifteenth day of Directors, the month of June next, be elected annually at the general meeting of the stockholders, in the manner and form provided in and by the Railwaij Clauses Consolidation Act. 4. The Directors may employ as paid Directors one orpaidDiroo- more of their number. tors. •1. From and after the passing of this Act, no private shareholders shareholder shall be entitled to vote at any of the Elections '" ''"<'"'«'* required or authorized by the said Act, unless he shall have paid all instalments called in and due at the date of the said meetings. 94 Cap. 34. North Shore Rnilwaij {Quebec.) 18 ViCT. Proof of pay- A. The piiymout oi* such instalments shall bo authen- mont of calls, (jcated by the certihcaLe of the trea.surer of the said company. Partie.-! In 7. Any Subscriber who shall nes^lect or refuse to pay arronr to re- q^q or Hioro of the instalments called in by the said com- pany, shall be required so to do by notification, in writing under the signature of the treasurer of the said company, and the said notiiication shall be left at the residence for the time being of the said Shareholder, or at the domicile which he shall have elected at the time of subscribing ; Proof of notieo. i^royf of service of such notification shall be made by the oath of the person serving the same. Public Act. 8, This Act shall be a Public Act. 1857. St. Maurice Ralhrni/ — hirorporntion. Cjip 140. 95 CHAP. 14!).— 20 VrcTORiA. An Act to iiicoiportite the St. Maurice Railway and Navigation Company. [jUmnted to lOfli June, 1857.] \ 17II1']U]!]A8 certain persons have petitioned that anProambie. ▼ » Act may be passed authorizin;^ the construction of a railway iVom some point adjoining the track of the North Shore Railway Company, at or near Three-Uivers, hereafter to be selected, to the Grand Tiles on the Jiiver St. Maurice where the Steam Navigation of that liiver commences, with power to run one or more Steamers on the navig'al)le waters of that Itiver above the said Grand Piles, and the right of carrying- passengers and goods for hire ; And whereas a railway so constructed on the said conditions would advance the colonization of the Valley of the St. Maurice, and render available; the ungranted Lands of the Crown adjacent to the Iviver St. Maurice : Therefore, Jler jMuJesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : 1. Joseph Morrin, Andrew Stuart, Eugene Chinic, Joseph Company in- Haniel, Jean Baptiste lienaud, Charles Alleyn and Olivier '"''^'^* " Eobitaille, The Honorable Joseph Cauchon, Franc^ois Evan- turel, Fran(;ois Baby, George Ilonore Simard, George O'kill Stuart, Napoleon Casault, Jean Elie Thibaiideau, all of Qeebec, Esquires, and Joseph l']douard Turcotte, Antoine Polette and Aime Desilets, of Three-Rivers, Esquires, Sir George Simpson, of Montreal, Knight, Jacques Olivier Bureau, of the County of Napierville, Esquire, and Lotiis Leon Lesieur Desaulniers, of the county of St. Maurice, Esquire, together with such other person or persons, corporations and municipalities as shall under the provi- sions of this Act, become shareholders in the company Corporate hereby incorporated shall be and are hereby ordai)ied, "'''"'"^°'* constituted and declared to be a body corporate and 9H Cap. 149. St. Maurice Rnihrnif — iHror/ioration. 20 ViCT. politic by niid uiulcr tln> njiim^ of the St. Muurice Kailway and Steam Navigation Company. Certain clan- *i. The scveral ehiUHes of the Railway Clauses Conso- v" Vi'V lidation Act, with respect to the first, second, third and rorporat'od fourth chiuses ther»;of, and also the several clauses of the with this Act. said last mentioned Act with respect to "Interpretation," " Incorporation," " Powers," " Tlans and Surveys, ' " Lands and their valuation," " IIing rrovi- of them, to supply the place or places of anv of their ''''""'^'^'"''" 1 n .. .,. 11. ' t'lrs, how sup- number 1 jm time to time dying or declnung to act as suchpiied. Provisional Director or Directors, out of the several sub- scribers for stock in their said railway tj the amount of 7 98 Cap, 149. St. Maurice Railway — Incorporation. 20 Vict, Powers of Provisional Directors. First general meeting for election of Directors. Proviso : in case of omis- i>'u,n to call such meeting. Election of Directors. one hundred and twenty five pounds currency each during the period of their continuance in office ; and such Provi- sional Directors, except as hereinafter provided, shall ])e and they are hereby invested with all the powers, rights, privileges and indemnities, and they shall be and are hereby made subject unto the like restrictions, as the elective Directors of the said company, upon their being' elected by the stockholders of the said company as herein- after provided, would under the provisions of the Kailway Clauses Consolidation Act become invested with or subject unto respectively. 8. When and so soon as shares to an amount equivalent to fifty thousand pounds currency in the capital stock of the said company shall be taken, and ten pounds per centum thereon shall have been paid into some one of the Chartered Banks of this Province, it shall and may be lawful for the Provisional Directors of the said company for the time being to call a meeting, at the city of Quebec, of the subscribers for stock therein, and who have paid ten per centum thereon as aforesaid for the purpose of electing Directors of the said company : Provided always, that if the said Provisional Directors shall neglect or omit to call such meeting, then the same may be called by any of the holders of shares in said company holding among them not less than an amount equivalent to five thousand pounds currency ; and of any meeting so called by the Provisional Directors, or by the shareholders as aforesaid, public notice for one month shall be given in at least two news-papers, one published in English and one in French, at Quebec, and in the English and French languages in one or two news-papers published in the town of Three Rivers, immediately preceding the time of such meeting ; and at such general meeting the shareholders assembled, with such i>roxies as shall be present, shall choose nine persons to be Directors of the said company being each a proprietor of shares therein to an amount not less than one hundred and twenty-five pounds currency, and shall also proceed to pass such rules and regulations and by-laws as shall seem to them fit, provided they be not inconsistent with this Act. Term of office. O. The Directors so appointed or those appointed in 1857. St. Maurice Railway — Incorporation. Cap. 149. 99 their stead (at a meeting to be called for that purpose under the conditions aforesaid) in case of vacancy, shall remain in ofiice for one year, or until such time as shall be appointed by any by-law of the company, not exceeding the said term of a year ; and the shareholders shall yearly, Annual gone- in like manner at such time and place as shall be provided "^"^ tn<=etings. for by the by-laws, meet and elect Directors in the room of those whose period of office shall have expired, and generally to transact the business of the company ; but Special gone- if at any time it should appear to any ten or more of such ^"'^ ™<"="''g«- shareholders holding together one thousand shares at least, that a Special G-e eral Meeting of the Shareholders is necessary to be held, it shall be lawful for such ten or more of them to cause fifteen days' notice at least to be given thereof, in such newspapers as hereinbefore pro- vided, specifying in such notice the time and place, and the reason and intention of such Special Meeting respecti- Powers of vely and the shareholders are hereby authorized to meet ^i""'"'' sene- ,.-,,, . pTiil meetings. pursuant to such notice and proceed to the execution of the powers by this Act giA'en to them with respect to the matter so specified only ; and all sach acts of the share- holders or the majority of them at such special meetings assembled, (such majority not having either as principal or proxies less than five hundred shares) shall be as valid to all intents and purposes as if the same were done at Annual Meetings! 10. It shall and may be lawful for the Directors of the Directors to said company for the time being, to make, execute and is«uo scrip for deliver all such scrip and shares certificates, and all such ^'''"'*' ''°"''^' bonds, debentures, mortgages or other securities, as to the said Directors for the time being shall from time to time seem most expedient for raising the necessary capital for the time being authorized to be raised by the said company, or for raising any part thereof. 11. All bonds, debentures and other securities to be Bonds, &c., executed by the said railway company may be payable to may be pay- bearer, and all such bonds, debentures or other securities '^'^'^ '° *>«»'"«'■• of the said company, and all dividends and interest war- rants thereon respectively, v^^hich shall purport to be payable to bearer, shall be assignable at law by delivery, and may be sued on and enforced by the respective 100 Cap. 149. St. Maurice Raihvay — Incorporation. 20 ViCT. bearer and owners thereof for the time being in their own names. Qaornm of ^2, Any meetings of the Directors of the said company, Directors. at which not less than five of such Directors shall be pre- sent, shall be competent to exercise and use all and every of the powers hereby vested in the said Directors. Calls. 13. Calls may be made by the Directors of the said Proviso limit- Company for the time being : Provided that no call to be ing calls. made upon the subscribers for stock in the said railway company, shall exceed the sum of ten pounds per centum upon the amount subscribed for by the respective share- holders in the said company, and that the amount of any such calls in any one year shall not exceed fifty pounds Proviso: ton per ceutum upon the stock so subscribed ; Provided also, per cent, to bo that upon the occasiou of any person or corporation be- pai on 8u - gQjjjjj^jr a subscriber for stock in the said company, it shall scribing, ic. i i i i ^ j > and may be lawful for the Provisional and others Directors of the said company for the time being to demand and receive to and for the use of the said company the sum of ten pounds per centum upon tho amount so by such person or corporation respectively subscribed, and tho amount of such calls as shall have already been made payable in respect of the stock then already subscribed, at the time of such person or corporation respectively sub- scribing for stock. Ono million nnd a half acres of waste lands to bo granted to tho Company on their cora- ploting tho Railway and running tho Steamers. 14. And in order to aid and encourage the said railway and the navigation of the St. Maurice, Be it enacted, that one million five hundred thousand acres of the ungranted lands of the Crown in the neighbourhood of said river St. Maurice as close to the said railway as may be, shall be and are hereby set aside for the purposes of this Act, and whenever the said railway shall be actually completed in a good and permanent manner with Stations, rolling Stock and other appurtenances sufficient for the proper working thereof, then upon the report of some skilled engineer whom the Grovernor shall appoint for that pur- pose, and the approval of such report by the Governor in Council, and upon satisfactory evidence that the said company is proprietor of one or more steamers suited for the navigation of the St. Maurice, on the said river, and 1857. St. Maurice Railway — Incorporation. Cap. 149. 101 on the company giving a bond to the satisfaction of the Inspector Greneral to run such steamer and to keep open the said railway, there shall be granted to the said com- pany, by the Governor in Council, one million live hun- dred thousand acres of ungranted lands of the Crown lying as near as may be to the said railway, and the said navigable waters of the St. Maurice ; and such grant shall be a free grant, and the company shall have full power to alienate the lands so granted, and to deal with the same in such manner as they may think proper ; Provided Proviso : always that such grant shall be of tracts of ten miles front *^''*"' '" '"' "^ by twenty in depth, alternating with other tracts to be noting with reserved for Public Lands ; and the Directors of the said lands rosorveJ. company may, subject to the aforesaid conditions, pledge its interest in such lands as security for any sum necessary to construct the said railway and works, or to build or purchase the said steamer or steamers. Itl. The said North Shore Railway Company shall have company may the right of amalgamating with the said St. Maurice Rail- "n''° ^"^ "»•* , ,-s,. TkT • 1 • r-, North Shore way and Steam JNavigation Company, as one company, ^^^jj^^ P^^j. within one year from the passing hereof; and as far as thepany. same shall be necessary to such union and to all proceed- ings previous or subsequent thereto, the provisions of the Acts passed in the sixteenth year of Her Majesty's Reign, and chaptered, respectively, thirty-nine and seventy-six. Act 16 v. cc. shall apply as fully as to the railways and railway com-app*y. ' panics therein mentioned : Provided always, that when- ever the Directors of the North Shore Railway Company (within one year from the passing of this Act) have decided to amalgamate that company with the Saint Maurice Railway and Navigation Company, and two thirds of the votes of the shareholders of the said North Shore Railway Company present, in person or by proxies, at a general meeting called expressly for that purpose in the manner provided by the eighth Section of this Act, shall have ratified the above decision of the said Directors, then the said two companies shall by virtue of such ratification be ijno facto amal^ mated, without any action or assent on the part of the Si. Maurice Railway and Steam Navigation Company, and shall become one and the same corporation and company, under the title of the North Shore and St. 102 Cap. 100. Sf. Maurice RaUtvay — Incorporation. 20 ViCT. Maurice Railway and Navigation Company, and the Directors and Provisional Directors (if any) of the two companies amalgamated, shall be the Directors of the company formed out of the said amalgamated companies, until the then next election of Directors which shall be made on the day appointed for the then next general meeting of the North Shore Railway Company for the election of Directors, according to the provisions of the Proviso : in Act incorporating that company : Provided further, that KamaTioT*' ^'^ ^^^^ ^^ ^^^'^ amalgamation being decided upon) before shareholders such amalgamation shall be finally effected, any share- wuodonot holders in the company hereby incorporated who may llf'marrotire! ^^fuse toconseut to such amalgamation, shall first be repaid all moneys by them paid on their stock, with interest, and shall thereupon cease to hold any stock or interest therein ; And the proceeds of the said Crown Lands if sold, or the rents, issues and profits thereof, if retained, shall be applied to the construction of the railways of the said amalgamated company and to no other purpose whatsoever, until the whole railway line of the said amalgamated company shall be completed. Company mny 10. And whereas it may be necessary for the said com- *"^"".° r" pany to possess gravel pits and lands containing deposits of Railway for of gravel, as wcll as lands for stations and other purposes gravel pits for at Convenient places along the line of railway for cons- * **' °' tructing and keeping in repair and for carrying on the business of the said railway, and as such gravel pits and deposits cannot at all times be procured without buying the whole lot of land whereon such deposits may be found. — It is therefore enacted, that it shall be lawful for the said company and they are hereby authorised, from time to time to purchase, have, hold, take, receive, use and enjoy, along the line of the said railway or separated therefrom, and if separated therefrom, then with the necessary right of way thereto, any lands, tenements and hereditaments which it shall please Her Majesty or any perison or persons, or bodies politic, to give, grant, sell or convey unto, and to the use of or in any trust lor the so,id company, their successors and assigns, and it shall and may be lawful for the said company to establish stations or workshops on any of such lots or blocks of 1853. St. Maurice Railway — Incorporation. Cap. 149. 103 land, and from time to time by deed of bargain and sale or otherwise to grant, bargain, sell or convey any portions of such lands not necessary to be retained for gravel pits, sidings, branches, wood-yards, station grounds or work- shop, or for eflectually repairing, maintaining to the greatest advantage, the said railway and other works connected therewith. 17, The said railway shall be commenced within two Commonce- years and completed within five years after the passing of"""' """^ this Act, and unless commenced and completed within rorkJ."'"" °^ the said several periods, all rights to the said grants of land shall cease, and it shall in either of such cases be lawful to pass an Act incorporating another company to construct the said railway from Three Rivers to the navi- gable waters of the river St. Maurice as aforesaid. 18. The Interpretation Act shall apply to this Act, and Public Act. .ihis Act shall be deemed a Public Act, SCHEDULE A. Know all men by these presents that I, (insert the name of the wife also, if she is to release her dower, or for nny other reason, to join in the conveyance) do hereby in con- sideration of paid to me, {or, as the case may be) by the St. Maurice Railway and Steam Navigation Company, the receipt whereof is hereby acknowledged, grant, bargain, sell convey, and confirm unto the said St, Maurice Railway and Steam Navigation Company, their successors and assigns, for ever, all that certain parcel or tract of land situate {describe the land) the same having been selected and laid out by the said company for the purpose of their railway ; to have and to hold the said land and premises together with every thing apper- taining thereto, to the said St. Maurice Railway and Steam Navigation Company, their successors and assigns for ever. 104 Cap. 149. St. Maurice Railway — Incorporation. 20 ViCT. (if there be doiver to be released, add) and I, {name the wife) hereby released my dower in the premises. Witness my hand (or our hands) and seal [or Seals) this day of , one thousand eight hundred and . - '■■ ' ' • A. B. (L. s.) 0. D. (L. s.) Signed, sealed and delivered in the presence of O.K. ■. si, i,,;..,,i ••.,; ,-r.i •■■■' Hit.'. ' • :i< ;. 'HV >.i. i .' 1 ; i ;■ . ; ■ ; , , J..-. 1858. N. Shore Railiv^.i/, Name Changed. Cap. 5G. 105 CHAP. 60.— 22 Victoria. An Act to change the name of the North Shore Rail- way and St. Maurice Navigation Company. [Assented to 2Uh July, 1858.] WHEREAS with the view of faclHtating the operations Proambio. and the sale of the stock of the North Shore Railway and St. Maurice Navigation Company, in accordance with the Petition of the Directors of the amalgamated company formed by virtue of the Act hereafter mentioned, it is desirable that the name of the said amalgamated company should be changed : Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : 1. From and after the passing of this Act, the North Name of com- Shore Railway and St. Maurice Navigation Company shall P'*''^ '" ^^ be named and known as the North Shore Raihuay and St, Mau lice Navigation and Land Company, and the said last name shall hereafter be the only name which the said company shall have, and shall replace its present name, any thing in the Act passed in the twentieth year of Her Majesty's reign, chaptered one hundred and forty-nine, to the contrary notwithstanding : And the free grant of a How tho freo million and a half acres of land provided by the said Act, *^*°' of land . , .11 to the Corn- shall be granted to the said company, in such alternate p„„y ^ay y^ blocks within the water-shed of the St. Maurice, as the made. Governor in Council may direct : Provided always, that suoh ohango nothing contained in this Act shall prevent any By-law not to invau- obligation or other document whatsoever, made, passed or coedings by**' executed before the passing of this Act, in relation to or or in respect in favor of the North Shore Railway and St. Maurice *■" ^^''^ ^°°^* Navigation Company, from having as full and complete fo"^or namo. eflect as though the name of the North Shore Railway and St. Maurice Navigation and Land Company were inserted therein. 106 Cap. 56. N. Shore Railway, Name Changed. 22 ViCT. Day of annual 2. Aiid whereas it is expedient to fix the day upon DiMotws". which the election of the twelve Directors of the said amalgamated company shall take pla^e, Be it therefore enacted, that from and after the passing of this Act, the said election of tuch twelve Directors of the said amalga- mated company, shall take place annually on the twenty- eighth day of June, or should that day be a Sunday or legal holiday, on the following day not being a Sunday or holiday. Public Act. 3. This Act shall be deemed a Public Act. 1861. Canada Central Railivay Co. Cap. 80. 107 CHAP. 80.— 24 VicTOhiA. An Act (*) to incorporate the Canada Central Rail- way Company, and to amend the Act, intituled : An Act to provide for (ind encourage the construction of a Railway from Lake Huron to Quebec. [Assented to ISth May, 1861.] WHEREAS it has been found that the construction of Proambio. the railway authorized by the Act passed in the nineteenth and twentieth years of Her Majesty's Reign, i9-20 v. cap. intituled : " An Act to provide for and encourage the cons- truction of a Raihnaij from Lake Huron to Quebec, has been attended with diificulty in consequence of the want of a concentrated interest therein ; and whereas it is expedient to extend and amend the said Act and to change the name of the company ; and whereas certain persons have, by their petition, represented that the vast country extending through the interior of this province is wholly without railway communication, and would be greatly benefited if opened up thereby ; and whereas the said persons have, in their said petition, prayed to be incorporated for the said purposes, and for the purposes of the said recited Act, under the name of the Canada Central Railway Company : Therefore, Her Majesty, by and with the advice and con. sent of the Legislative Council and Assembly of Canada, enacts as follows ; 1. Nicolas Sparks, John Supple, Alexander Mcintosh, Compftny in- Chrislopher Armstrong, AVilliam O'Meara, P. Pearson ""'P"""""*' Harris, Thomas Langrell, Peter A. Eglison, "William Jno. Wills, J. B. Mongenais, Joseph Hinton, Robert Craig, James Deyke, James Goodwin, Francis Clemow, James (*) This Act is introduced to show the relations of the North Shore linilway to the Onnadn Central Railwni/, on the conditions on which the former is entitled to receive the Grant Land of 1,200,000 acres herein appropriated in its aid. The Act of 19-20 Victoria mentioned in the Preamble, is entirely superseded by this Act, and its provisions have no force in this connection. 108 Cap. 80. Canntla Central Railvuiif Co. 24 Vict. Corporate namo. Certain part« of 10-20 V. 0. 112, repealed ; and the now Company subKtitutod for those tnon- tioned in it. ^xoeptioni. Proviso, as to Montreal and Bytown Rail- way. Proviso, aa to North Shore Railway. Leamy, John Fort^ie, JiimoH Skoad. Aloxandor Hcoft, J. M. Currier, John W. Loux, liichard W. tScott and William Frodfirick Powell, esquires, with all such other persons, corporations and municipalities as shall become Share- holders in the company hereby constituted, shall be, and they are hereby ordaiiu'd, constituted and declared a body corporate and politic, by the name of the "Canada Central Railway Company. " 5J. The first, second, third and eleventh section of the said Act cited in the preamble of this Act, in so far as they are inconsistent with the provisions of this Act, and so much of any other section thereof or of any other Act, as is inconsistent with this Act are hereby repealed, and the said Canada Central Railway Company is hereby de- clared to be in the place and stead of the companies therein named ; except as regards the Brockville and Ottawa Railway Company, the Carillon and Grenville Railway Company, and the North Shore Railway Company therein, named, which last mentioned companies, to<^ether with the Canada Central Railway Company, shall hereafter be entitled to all the benefits, franchises and privileges grant- ed by the above cited Act, except in so far as they are by this Act altered, and all the remaining clauses and provi- sions of the said recited Act, not inconsistent with this Act shall be the same as if incorporated herewith ; provided, always, that in conformity with the Act twenty-third Vic- toria, chapter one hundred and eight, whenever the Mon- treal and Bytown Railway Company is mentioned in the said Act, the provisions referring thereto shall be held to apply to the Carillon and Grenville Railway Company ; provided also, that the North Shore Railway Company, mentioned in this Act, means the North Shore Railway and St, Maurice Navigation and Land Company. Provisions of 3. All the provisions of the railway Act shall be incor- Raiiway Act porated with this Act, save in so far as they may be incon- sistent with any express enactment herein contained. Line of Rail- 4. The compaiiy may lay out, construct and finish a way defined, double or single track of railway from such point on Lake Huron as may be found best adapted for the purpose to the city of Ottawa by way of Pembroke and Arnprior, and 1861. Cannffn Cenlrnl Rmlirnf/ Co. Cap. 80. 109 from the city ol Ottawa to the city of Montreal ; provided, I'roviio. alvvay.s, that witliout the conmMit of the Directors of the said Canada (.'entral Railway Company, the Carillon and Orenville Railway Company shall not have power to construct the section of the Haid railway hetween Jlawkes- bury and Ottawa until the expiration of three years from the passinif of thin Act, nor afterwards if the Canada Cen- tral Railway Company shall have commenced, and shall proceed with the construction thereof. a. The company hereby incorporated the said North Tho Cimpuny Shore Railway Company, the Carillon andUrenville Rail- ""' ''''^* "" •' I J ■< (ithorii may way Company, by that name or under the corporate name amiUijiuunto. ol the Ottawa Valley Railway Company, or any tw^o of them, lying contiguous to each other, may, if they deem it advisable, unite together as one company ; and such union may be made by a deed of agreement between the com- panies so amalgamating, first approved of by resolutions passed respectively at meetings of the stockholders of such companies specially called for the purpose ; and such deed ^^^'"'^ "'' '^'"*'' shall specily the name to be used as the corporatt; luune of such amalgamated company, which shall be the name of one of the companies so amalgamating, and shall be valid and binding upon all persons and parties concerned ; and ^'''w '"im", upon such amalgamation, the new company thereby","..'''"" formed shall forthwith cause the fact of such amalgam- ation and the corporate luime thereby assumed to be ad- vertized in The Canada Gazette ; and thereupon the new company shall have all the rights, powers, claims and pri- vileges, and shall be subject to all the duties and obliga- tions conferred upon or hold l)y the companies so amal- gamating or to which such companies were subjected by their Acts of incorporation. O. And for the better adjustment of the proportions of the Division of said several companies in the lands appropriited and s«»t "'«'""''"' "^P apart in aid of the said lino of railway ])y the Act cited in '|',j'.o|,' vL o the preamble of this Act, it is hereby enacted that they 112, mncmg shall bo regulated as follows, to wit : setting apart in aid ^«v'"'"* '^"-■ of the said North Shore Railway Company three tenths'"^"'*' thereof, and dividing the remainder thereof into as many parts as there are miles in distance between Montreal and the extreme North "Western terminus, which could be no Cap. 80. Canatla Central Rni/umi/ Co. IG Vict. Protlto. Proviso. Proviso. Proviso. reached by the main lino of any or tho live oomjianies montionod in the Nccond Nuh-Nt'ction ol' tlu» third H<'i;tion of the Haid Act, under their respective ActB of incorporation, namely, the villas^e of Pembroke, and appropriating? one such part thereof to each and every mile of such distance in aid of the construction thereof; I'rovided, always, that the powers ofth<' said North Shore Railway Company, the Urockville and Ottawa Railway Company, and of the Ca- rillon and Grenville Railway Company, in respect of the portions of the said line of railway which they are empow- ered to construct by their respective Acts of incorporation and })y the Acts in amendement thereof, shall not be abridged by the provisions hereof excei)t in so far as they are abridjjfed by the proviso in the fourth clause of this Act ; and provided, also, that in the computation of the said distance the line of railway contemplated by the Act cited in the preamble to this Act, shall be followed as nearly as may be in conformity with the third clause thereof, but without reference to the parts therein esta- blished ; except that the distance between Vaudreuil and Ilawkesbury shall also be computed as part of the said distance, and that no portion of the Grand Trunk Railway, of which any of the said comi)anies shall avail themselves to reach Montr(;al, shall be held to form a portion of the distance for which said company shall be entitled to aid under this Act ; provided, always, that if, within live years from the passing- hereof, the IJrockville and Ottawa Railway Company shall proceed with and complete the construc- tion of the portion of the said railway lying between Arnprior and Pembroke, they shall be entitled to all the privileges in respect of the said appropriation, to which the said Canada Central Railway Company would be entiled under the provisions of this Act on constructing the said portion of the said railway ; and provided, also, that in the event of the Canada Central Railway Company failing to construct the said portion of the said railway, between the city of Ottawa and Vaudreuil or any part thereof, within five years from the passing hereof, the Vaudreuil Railway Company, under its Act of incorpora- tion, which shall continue to be in force, shall have the right to construct the same, and thereupon shall have all the privileges hereby conferred upon the Canada Central Railway Company in respect of the said portion thereof. 1861. Camdn Central Rnilim// Co. Cnp. 80. Ill 7. DcocIn and coiiveyaneo8, uiuh'r this Act, for tho lumh *'"'"> indro- to bo c'oineyed to the said company lor the purpoKcs '>' "[j^p'J'.'j' j thin Act, Khali and nniy, as far an the title to the said lands thi« Act. or the circmnslances of the ])arti«».s niakini? snch convey- ance will admit, })e made in 1h»' form liiven in the Schedule annexed to this Act, marked A ; and all registrars a'-e hereby required to re<^ister such deeds in their rej^iistry books on the production thereof and proof of execution, without any memorial, and to minute every such entry on the deed ; the said company are to pay the rejafistrar for so doing the sum of two shillinn-s and six pence and no more. 8. John W. Loux, lio])ert Craiuf, James Skead, Itichard First Diror- W. Scott, Henry W. McCann, John McKay, John Supple, '"" "'""•J- Joseph Ilinton, AVilliam Frederick Towt'll, Coll. McDonald, John Fori>-ie, Peter A. l!]i>lison, William F. Lewis, AVilliam Dean and J B Monu'enais, are heri'hy constituted and appointed the iirst Directors of the company, and, until others shall be named as hereinafter provided, shall con- stitute the board of Directors of the company, \vilh power ihoir powers, to fill vacancies occuring- thereon, and to associate with themselves thereon not more than three other persons, who, on being" so named, shall })ecom,e and be Directors of the company equally with themselves, to open stock books, to make a call upon the shares subscril)ed therein, to call a meeting of the subscribers thereto, for the election of other Directors as hereinafter provided, and with all such other powers as under the railway Act, are vested in such board. 9. So soon OS one-tenth of the capital stock shall have First general been subscribed, and not less than five per cent of the "'«<'''"« "f amount subscribed shall have been paid in and deposited „nj election in some Chartered Bank to the credit of the company, it of Directors, shall be lawtul for the said Directors, or a majority of them, by public notice, to be given at least thirty days previous in the Canada Gazette, and in one or more newpapers published in the cities of Montreal and Ottawa, to call a first general meeting of the shareholders, at such time and place as they shall think proper ; and, at such meeting, and at every annual general meeting of the company therefor, there shall be elected not less than seven nor more than ten Directors, to serve until the next annual general meeting, and until their successors are appointed, 112 Cap. 80. Canada Central Railway Co, 24 Vict. and at every such meeting, each municipal or other cor- Votoa of poration, holding stock to the amount of twenty thousand Municipal dollars or more and not beino; in arrear for any call thereon, Corporation . ^ ^ • i- holding stock, may either take part in such election as an ordinary share- holder, or may abstain from so doing ; and each such cor- poration, as shall so abstain, may, either then or at any time thereafter, by By-lay in that behalf, name one other Director, who need not himself be a shareholder, to serve for the like term — the thirty-fourth and seventy-eighth ' sections of the railway Act being in this behalf thereby superseded. Ton per cent 10. The Directors may require, should they deem it de- may be requi- girablc, all parties subscribing for stock in the said com- pany to j)ay a deposit of not more than ten per cent Inetaiments. thereou ; the amount of such deposit shall be decided by the board of Directors, nnd future calls for instalments shall at no one time exceed live per cent, nor shall more than one call be made within thirty -days. Qualification of Directors. Annual gene- ral meetings. One vote for each share. Votes of M inicipal Corporations. Proxies. II. No person shall be qualified to be elected such Di- rector by the shareholders, unless he be a shareholder holding at least ten shares of stock in the company, and has paid all calls thereon. 121. The annual general meetings of the company shall be held thereafter on the first Wednesday in the month of June yearly, or on such other day as shall be appointed by any By-law of the company, and, at such place and hour as by such By-law shall be appointed ; and public notice thereof shall be given at least thirty days, previously, in the Canada Gazette and in one or more newspapers published iii the cities of Montreal and Ottawa. 1J8. Every proprietor of shares in the said company shall be entitled on every occasion when the votes of the mem- bers of the said Canada Central Jlailway Company are given, to one vote for every share held by him. 14. At all meetings of the company, the stock held by municipal and other corporations may be represented by such person as they shall have respectively appointed in that behalf by By-law, and such person shall, at such meet- ing, be entitled equally with other shareholders, to vote 1861. Canada Central Raihoay Co. Cap. 80. 113 by proxy ; and no shareholders shall he entitled to vote on sharehouiors any matter whatever unless all calls due on the stock held '" ■"''■o'"'» ""' by such shareholder shall have been paid up at least one week before the day appointed for such meeting, m. From and after the first general meeting of the com- Dirootors. pany, the Directors so chosen as aforesaid by the share- holders as aforesaid, and the Directors representing corpo- rations as aforesaid shall form the board of Directors of the company ; and if any vacancy shall occur by death, re- Vncnncios, siii-nation or otherwise, among the Directors of the former '^"^^ '" '"* , . ■ f. 1 • • 1 Pill ''"«J- class, a majority oi the remainmg members oi the board may elect any qualified shareholder to fill the same ; and if any vacancy shall occur among the Directors of the latter class, the corporation interested may, by By-law, name another person to fill the same. 1(5. Five members of the board of Directors of the com- Quorum. pany shall be a quorum thereof for the transaction of bu- siness ; and the board may employ one or more of their number as paid Director or Directors. 17. The capital stock of the comi">any shall be the sum cai)itai ami of seven millions of dollars, to be divided into seventv s'larfa. thousand shares on one hundred dollars each, and shall be raised by the jiersons and corporations who may become shareholders in e 'ch stock ; and the money so raised shall Towhatimr- be applied, in the, first place to the payment and discharge ^",'f" '" ^" '''''' of all fees, expenses and disbursements for procuring the passage of this Act, and for making the Surveys, Plans and Estimates connected with the works hereby authorized ; and all the remainder of such money shall be applied to the making, maintaining and A\'orking thereof, and the other purposes of this Act, and to no other purposes whatever ; and until such preliminary expenses shnll l)e prdiminaiy paid out of the said capital stock, the municipality of any e''i'"i-«- county, town, township, parish or village, on the line of such works, may pay out of the general funds of such municipality its fair proportion of such preliminary ex- penses, which shall thereafter be refunded to such miini- oipality from the capital stock of the company, or be allowed to it in payment of stock. 8 114 Cap. 80. Canada Central Railway Co. 24 Vict. Directors to issue cortifl- oates, bonds, . '■■■:i,i.-< .\... jt.-^,. I,' ; '-'Ui'f .liUi* li : ^ii:-:> . 1870. North Shore Railway. Cap. 22. 133 CAP. XXII. An Act to extend the period for the completion of the works of the North Shore Railway and St. Maurice Navigation and Land Company. [Assented to 2ith December, 1870.) TITHEREAS it is expedient to extend the period during Preamble. * ▼ which the North Shore Railway and St. Maurice Navigation and Land Company may complete their works ; and that the said company have, by their petition to the legislature, prayed for such extension of time and for other provisions in their favor ; Therefore Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows : I. Notwithstanding anything to the contrary in the act Extension of of the Parliament of the late province of Canada, twenty- '^"'"^ ''"'""'■ ninth and thirtieth Victoria, chapter ninety-five, or in anyv^e^t'" other act or law, the said North Shore Railway and St. ""'*'» istMay, Maurice Navigation and Land Company may continue the ^'^"' construction of their railways and other works after the first day of May, in the year of Our Lord, one thousand eight hundred and seventy-two, by which day they were bound to complete the same under the said act ; but the said railways and works of the said company shall be com- pleted on or before the first day of May, in the year of our Lord, one thousand eight hundred and seventy-seven, and the said act and the acts in any way relating to the said company or to the North Shore Railway Company or to the St. Maurice Railway and Navigation Company, in so far as they are not inconsistent with the present act, shall be and remain in force until the day last mentioned, as if the said day had been fixed by the last mentioned act as that, on or before which the said works should be com- pleted, and as if all the provisions of such acts had been, as they are hereby, re-enacted by the legislature of this pro- vince, except that the said company abandons all claim to IIU Cap. 22. North- Shore Rai/wa'!/. 34 Vict. the public lands to which they might have had right in virtue of the said act in consideration of two million acres of other lands, Which* are giA*en in the place of the old lands granted by an act passed duritig the present session of the legislature of this province on certain conditions theiein stipulated and intituled, "An Act to aid in the construction of certain lines of railways therein mentioned." Now ghnre- 58. Thf original share books having been either lost or books to be burut, the company shall be bound, within the fifteen' H'p'To en days- following the passing of the present act, to open new for a certain share books iu its offices, and to keep them open until the' period BTcry twelfth day of May of the year one thousand eight hundred and seventy-one, and to re-open them on the twenty-second day of the said month and year and to keep them open until the twelfth day of May of the following year until four o'clock in the afternoon, each day, and to continue so' to do during every succeeding year until the capital stock of thfe said company shall have been fully subscribed. year holders to in- scribe tbeir names on new OriRinai share- Jf. Tlife Original shareholders, establishing their titles as such, shall, before the first day of March next, in order to continue so to be, inscribe their names in the new books, books, and ^i/nd shall receive credit for their paid up instalments, both rrnTmOT^ ' ^^ ^^ ^^^ ^^ regards their right to vote at the election of i.ayments. dircctors as their payment of the instalments required from time to time by the company to be paid up by subs- cribers for the purposes of the enterprise. Former shares 4 All shares, which may have been taken by individuals, on which ^kud upou which no instalments have yet been paid, are been paid, Cancelled as if they had never been subscribed ; and from cancelled. the date of the passing of the present act, the new share books hereinbefore mentioned shall be the only share books of the said company. i , Company may Si. The Said comptoiy may raise by Way of loan uport raise money ^^jjgjj. bonds ot debentures, in addition to their authorized tures, subject Capital stock, which shall be of six millions of dollars, any to§ 11, of see. g^^jjj of money not exceeding the amount 6f such capital, ' 66 and said ^^^J®^* *° *^® forms and provisions of the eleventh sub- § shall apply scctiou of the ninth clause of the " Railway Act " contained to municipal jjj |jjg Consolidated Statutes of Canada, chapter sixty -six, debentures. l^'^O. North Shore Railway. Cap, 22. 185 which shall apply to such loan ; and the said sub-section shall apply, as far as may be, to the bonds and debentures of all city, town, villaire, parish or county municipality, subscribing to the stock of such company or aiding the same, anything in their special acts to the contrary not- withstanding, which municipal corporations may, in addi- tion to their rate of interest, provide such sinking fund for the redemption of their said bonds and debentures, as such corporation may deem advisable. «. The election of the directors of the said company, iuTimeof oiec- future, shall be held at noon, on the twentieth day of May """ "f Ji""- in each year at the office of the company in the said city '""* of Quebec. 7. From and after the twentieth day of May, one thou- of whom Band eight hundred and seventy-one, inclusively, the board board of diroc of directors of the company shall be composed of twelve rompt'd.'" members, in addition to the represcMitatives of the munici- palities entitled to form part thereof. Of these twelve members, four shall be named by the lieutenant-governor in council, eight only in future to be elected by the share- holders ; but until the twentieth day of May, one thou- sand eight hundred and seventy-one, the said board shall consist of the present directors, the four members named by the lieutenant-governor, and the representatives of the municipalities as already stated. Until the next election o\' directors, the board shall not have power to fill vacan- cies among the directors elected. H. From and after the twentieth day of May one thou- who may bo sand eight hundred and seventy-one, inclusively, no person directors after shall be elected as a director of the said company, without f^^^ *^''^' his having subscribed at least one thousand dollars to the capital-stock, and paid up all the instalments then due. ». No person shall be entitled to vote at the next election who may vote of directors unless he has paid up at least ten per cent on '°«'«°' '•>'•««■ the amount of his shares. '*'"• 10. The board of directors of the said company, as cons- Election of tituted from the formation of the said company up to the *'"™*'" ^""^ present time, is hereby declared to have been legally *"" *"'"'^"" 136 Cap. 22. North Shore Raihnm/. 84 YlCT. elected and chosen and to have had Invviul power and authority lor the discharge oi" their functions. Meeting of H. Until such time as it shall have been otherwise direotoM. decided ])y a by-law adopted by the board of directors, the reo-ular meetings of the said board shall be held every second Thursday in each month. Exponflog 1^. The expenses incurred by the said company and already incur- ^j^^, obligations which it mav have contracted up to the rod to be a first . ,. , -. , . , i , p ,i i in charge, passing- ol the act and which may be lawiully due shall be the lirst charge thereupon. Preamble. "Whereas, in the year one thousand eight hundred and fifty-three, the council of the municipality of the county of St. Maurice did, by a by-law, which was subsequently regularly approved by the municipal electors of the said county, subscribe a sum of two hundred thousand dollars to the capital-stock of the " North Shore Kailway Com- pany, " since called the " North Shore Railway and St. Maurice Navigation and land Company ; " — whereas after- wards the Legislature did divide the said county of St. Maurice into two new counties, bearing respectively the names of '• County of Si. Maurice and county of Maski- nonge, " without determining the proportion of the said siibscription to be borne by each of the said two counties and mode of giving effect thereto — and whereas it is im- portant to determine the same in the interest of the said counties and for the speedy execution of the enterprise which it is intended to aid : — $3«o,ooo stock IJJ. Therefore, it is hereby enacted that the said counties subscribed by ^f g^ Mauricc and Maskinonge, shall, out of the said sum of St. Maurice of two hundred thousand dollars subscribed in the said divided bo- year oue thousand eight hundred and lifty-three, by the .ween present ^.^j^ heretofore couuty of St. Maurice, in favor of the said counties of _ •' St. Maurice North Shoro Railway Company, subsequently called the and Maski- Nortli Shore Railway Company and St. Maurice Naviga- """^ ' tion and Land Company, be considered to have and have each respectively subscribed one hundred thousand dollars to the capital-stock of the said " North Shore Railway and Said counties St. Maurlcc Navigation and Land Company ; " and that may impose g^(.jj subscription has, with regard to each of the said conditions, but x- j o '^ 1870. North Shore Railwnjf. Cap. 22. 137 counties, precisely the same elfocts in every respect, nnd «'"*•' to bounj subjects the Raid counties respectively towards the said""'""""" f^ ,., 11., • . , . aoooiited. Lompany to the same oblisrations, m regard to their res- pective share of the said subscription, as if the said l)y-la\v had been passed by the county municipal council of each of the said two counties respectively ; but each of the county municipal councils of the said two counties may, as regards the county it represents and its share of the said subscription, impose upon the said Company such conditions as it shall deem proper to make in resolutions by it adopted. If these conditions be not accepted by the said Company, the county imposing them shall be dis- charged from the obligation arising out of its share of the said subscription ; and such resolutions, being accepted by the said Company, shall, without any other formality, have force of law and shall bind the said county towards the said Comp:iny in the same manner as if such conditions had been stipulated in the present act. 14. The gauge of the said railway may not be narrower ^^'Jth »' than four feet eight inches and one half. gitug". lo. The provisions of the " Railway Act, " contained in c. s. c, c. eo, the Consolidated Statutes of Canada, shall apply to the '" "i'i''y '" present act, except in so far as the special provisions of "" '^^' this act may be inconsistent therewith. AVhereas on the fourth day of October, one thousand Preamble, eight hundred and seventy, the council of the city of Quebec did resolve to subscribe, in the name of the Cor- poration of the said city, a sum of one million of dollars to the stock of the North Shore Railway and St. Maurice Navigation and Land Company, subject to the conditions that the said council might judge proper to impose on the said company ; and whereas on the twenty-eighth day of the said month, in the said year, the said council did, in regard to the said subscription of one million of dollars, impose on the said company the conditions following, to wit : •■>■■'' 1. That the amount subscribed be paid by permanent consolidated stock certificates bearing seven per cent interest. 138 Cap. 22. North Shore Railway. 84 ViCT. 2. That an act be o)>tuinod irom the Provincial Lt'jjfinla- ture, authorizing tho issuo of the mud Kto(;k and power to impose a rate — to provide lor the jMiyment of the interest on the said amount. Proprietors to be responsibU? lor the said tax with powt^r to collect one b»li' of the same from the tenants as at present. 3. Liability of the corporation ta be limited to amount subscribed. 4. That in case the company find it advantageous to- begin the road with subscribed stock, as being the most immediately available means, so as to give value to their bonds on the lands or on the road, the stock to be issued by the corporation shall be pro rata as the work progresses and in proportion to the whole subscribed stock, on certi- ficates of the engineer to be named by themselves ; but if the company linds it possible to obtain a contract by which their bonds are given in part payment simultaneously with the stock subscribed, then the corporation shall issue their stock as the w^ork progresses pro rata to the total cost of the road. The stock to be issued by the coTporation also as the Work progresses pro rata to the whole cost of the road, in case legislation should give a substitr for the lands to the company. 6. The company, either by thetnselves or the contractor, to pay the interest on the stock of the corporation to the date of the opening of the road, between Montreal and Quebec, and the running of the first through train between those two cities. 6. In the event of the company or the contractor neglect- ing to pay the interest on the corporation stock issued, as it becomes due, the corporatioii shall have a right to cease to issue bonds in favor of the company. 7. That the bonds to be issued by the company on the iecurity of the road and lands be at a not less date than twenty years, and that on no consideration shall the bond- holders have the power to assume possession or manage- ment of the road or lands. 1870. North Shore Railii^np. Cap. 22. 130 8.. Th« chief terminus of the city of Quebec to ])e iw St. Peter's Ward. 9. The |vriiicipiil office of the company to be in the city of Quebec, where its raeetinj^s shall be also held. 10. The corporation to bo represented at the board of directors by the mayor and three other members appointed by the council ; and that no contract shall be entered into with one or more contrartors for the building of the road or its appurtenances, until the lour members to represent the city council of the city of Quebec do legally form' part of the direction of the said board- 11. That the corporation shall be entith'd to be credited with stock representing the amount oi' fifty thousand dollars already paid by them, over and above the one million dollars. 12. That the work of the construction of the road shall commence in the city of Quebec and shall uninterruptedly continue until completed. 13. That no bonds of the corporation in favor of the company shall be issued and no contract for the buildings of the road be made, until the company have obtained subscriptions to its capital stock to the amount of at least two million dollars, including that of the corporation of Quebec ; and, in the event of the provincial legislature allowing a substitute for the two million seven hundred thousand acres of land, secured by law to the said com- pany, that the said substitute, in provincial securities or bonds, shall amount to at least two million dollars. 10. Therefore it is enacted that the said corporation of Corporation of the city of Quebec, to this end is hereby authorized to ^^"J^^^'jj^^*y subscribe, as aforesaid, forty thousand shares, of twenty- 'looolooo five dollars each, making the said sum of one million of »'"«■*• subject dollars in the stock of the said North Shore Railway and '';„'Ji^;^°^^^ St. Maurice Navigation and Land Company, pursuant to "" and in accordonce with the said resolutions of the said city council, hereinbefore cited, of the said fourth day of October, one thousand eight hundred and seventy, and 140 Cap. 22. North Shore Railway. 84 Vict. Corporation may create a fund to meet payment of shares sub- scribed. pursuant to the conditions thereto attached, which said conditions shall, in consequence, become and be binding upon the said company, and shall be considered as forming part of the present act. But the above conditions on which the city council of the city of Quebec is so authorized to subscribe the said one million of dollars, in favor of the North Shore Railway Company, may be at any time changed or modified, with the joint consent of the said company and the said city council. 17. And be it also enacted, that to meet the payment of the amount of shares so subscribed by the said corporation of the city of Quebec, to the aforesaid amount of one million of dollars in the said stock of the said North Shore Railway and St. Maurice Navigation and Land Company, a fund to the like amount of one million of dollars, current money of this Province, is hereby established for the city of Quebec, to be known as " The city of Quebec Fund for the North Shore Railway and St. Maurice Navigation and Land Company," which said fund shall consist of perma- nent and irredeemable stock certificates of not less than five hundred dollars each and bearing seven per cent interest. Corporation may issue stock certifi- cates for the amount. 18. And be it also enacted that the said Corporation is hereby authorized to issue, whenever required, the said permanent and irredeemable stock certificates to the amount aforesaid of one million dollars, the said stock certificates to be signed by the Mayor of the said city of Quebec and countersigned by the Treasurer of the said city, and sealed with the seal of the said city, which said certificates may be in the form of Schedule A, appended to the present Act. Company to be H>. And be it also enacted that the said sum of one mil- paid with said lion of dollars, to be so subscribed by the said Corporation of the city of Quebec, for shares to the amount aforesaid in the stock of the said North Shore Railway and St. Mau- rice Navigation and Land Company shall be paid to the said Company by the said Cori^oration of the city of Que- bec, with the said permanent and irredeemable stock cer- tificates of the said " city of Quebec Fund for the North Shore Railway and St. Maurice Navigation and Land Com- stock certifl cates. 1870. North Shore Railway. Cap, 22. 141 pany," and not otherwise, the said fund to this end being established as hereinabove mentioned. 20. And be it also enacted that, to meet the payment of Corporation the interest of the amount of one million of dollars so to '""^^ ''"1'°^® * be subscribed for shares in the said stock of the said Ztilt'etst" North Shore Railway and St. Maurice Navigation and on amount Land Company, as aforesaid, the said Corporation of the "'''^•'"•'^d- city of Quebec is hereby authorized to impos6 and levy, wne V whenever required, upon the whole then assessable real owners and by property of the said city, a special rate of so many cents '''°*°''' in the dollar, as shall be required, until the said interest shall be fully paid and discharged, the said rate to be paid in equal proportions by the proprietor and tenant, unless the said real property be occupied by the proprietor him- self, in which case such rate shall be paid by the proprie- tor or persons in possession as proprietor as aforesaid, to recover one-half of the said rate from the tenant or occu- pant of the said real property, as it is now the case for the other taxes imposed in the said city of Quebec, by suit in the llecorder's Court. 21. And be it also enacted, that the said rate for the pay- Said rate may ment of the said interest shall be imposed at any time •"! ""p°*'°'^ that it shall be so ordered by the said council of the city Ty-iaw u"pTn of Quebec, by being entered in a separate book by the as- the annual sessors of the said city of Quebec, or by any one of them "'"'''^'* ^*'"° the said book to be called " Book of Interest of the North ty.'"' ^'°^"* Shore Railway and St. Maurice Navigation and Land Company," or in a separate column in the assessment books of the said city of Quebec, in the like manner as the other asses^ents on real property in the said city o; Quebec, and shall be levied by the same process and in the same way, and without any other formaliti.^s, and without it being necessary for the said council of the said city of Quebec to make any by-law to that effect. The said rate to be imposed on the annual assessed value of each and every real property within the said city of Quebec, which said value shall be estimated according to that set upon real property in the assessment books of the said city for the then current year, when the said rate shall be so imposed. ',;»: 23. And it is also enacted that, so soon as the city coun- Corporation 142 Cap 22. NoHh Shore Railway. 34 Vict ing may ap- point three directors besides th« mayor. after gubscrib-cil of the city of Quebec shall have subscribed, as afore- said, to the capital stock of the said North Shore Railway Company, then, besides the mayor of the said city of Que- bec, who shall be ex-officio a member of the board of the directors of the said company, the council of the city of Quebec shall have the right to appoint three other persons who shall be also members of the said board of directors. Name of the 23. The name of the said company shall be " The North comp«v. Shore Railway Company." SCHEDULE A. City of Quebec Fund for the North Shore Railway and St. Maurice Navigation and Land Company. Certificate No. This is to certify that City Hall, Quebec, of 18 at the date hereof, is the registered owner, in the books of the corporation of the city of Quebec, of shares of five hundred dollars each, in all amounting to . . dollars, of the city of Quebec Fund for the North Shore Railway and St. Maurice Navigation and Land Company, (as de- tailed in the margin hereof), established under the author- ity of the act of the Legislature of Quebec, in the Domi- nion of Canada, passed on the twenty-fourth day of December, 1870, intituled: "An Act to extend the period for the compltition of the works of the North Shore Railway and St. Maurice Navigation and Land Company." Upon the amount of shares in the said permanent stock standin{_ registered to the credit of the owners thereof, in the book., of the corporation of the city of Quebec as aforesaid, the corporation of the city of Quebec will pay 1870. North Shore Railwaij. Cap. 22. 143 interest semi-annually, at the rate of seven per cent per annum, on the first day of January and July in each year. Sealed with the seal of the corporation of the said city of Quebec, signed by the mayor, countersigned by the city clerk, and registered in the books of the said corpo- ration by the city treas«irer of the said city, this day of , 18 .''.-,' , L. S.. Mayor. CJity Clerk. Registered "boc^ Folio. City Treasurer. 1 Suh-sectiom i, 7 and 1 1 of the laM mentioned act are repealed, and iJte foUomncj suhstitnted in their place) : OFFICE OF 1ME NORTH SHORE RAILWAY COMPANY. (Quebec, 22nd February, 1872. At a meeting of ithciBoard of Directors of the North Shore Railway Company, held on the twentieth day of February, one thousand eight hundred and seventy, two, the follow- ing resolution was ad ted: That the Corporation of the city of Quebec having, at their meeting of the 6th February instant, adopted the following which, as it is herein mentioned, has for its ob- ject the changing of the conditions 4, 7 and 11, relative to the subscription of one million of dollars to the stock of the North Shore Railway. Resolved: That the fourth, seventh and thirteenth conditions im- posed by the Council of the City of Quebec, on the twenty- 144 Cap. 22. Suh'sections 4, 7 and 11 repealed. 34 ViCT. eighth (lay of the month of October, one thousand eight hundred and seventy, to their subscription of one railHon dollars to the stock of the North Shore liailway Company, and contained in the statute of the Province of Quebec, thirty-four Victoria, chapter twenty-two, are by the present repealed, and the following substituted therefor : 4. The Corporation shall issue their capital according to the progress of the work and pro rata to the total cost of the road between Quebec and Montreal, on the certificates of the Engineer to be named by themselves, 7. The bonds to be issued by the Company on the secu- rity of the road and lands shall be at a not less date than twenty years. 13. The main workshops of the Company shall be with- in the municipal limits of the City of Quebec. This Company approves of it, and gives its consent ac- cording to the dispositions of the sixteenth section of the twenty-second chapter of the statute of the Province of Quebec, thirty-fourth Victoria. Certified, (Signed,) A. H. VERRET, Secretary. * 1870. Corporation of the City of Montreal. Cap. 37 145 ( The folloioing clauses from Acta relating to the Ccyrpo- ration oft^ie Oity of Montreal shew the powers conferred on said Corporation to issue Stock, Debentures, dec, to assist Railways.) CAP. 37.-34 Victoria. An Act to amend the Acts relating to the Corporation of the City of Montreal, and for other purposes. [Assented to 2ith December, 1870.] T^HEREAS the corporation of the city of Montreal have, Preamble. ▼ ▼ by their petition, represented that it has become necessary, in the interest of the citizens of the said city, to make several alterations to its acts of incorporation : There- fore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows : 5. The corporation of the said city of Montreal shall Power to take have full power and authority, through the council of the*''*"' '°'°''*'' said city, to subscribe to such number of shares as the said 0^1"!!^'' corporation may deem expedient in the capital stock of any railway company, the establishment of which may, in their opinion, tend to promote the interests of the said city, or to lend or guarantee the payment of any sum of money borrowed by such company from any corporation or person, by observing the formalities prescribed by law, and espe- cially those prescribed in regard to such subscriptions or loans by municipal corporations in general in chapters twenty-four and twenty-five of the consolidated statutes for Lower Canada, or such other statutes as may be passed in heu of either of them during the present or any future session, and in force at the time such subscription is made, and in the railway act, chapter sixty-six of the consolidated statutes of Canada. 10 146 Cap. 37. Corporation of the City of Montreal. 34 ViCT. Power to elect O. The Said council of the said city shall have power railway dircc- ^j^^ authority to choose and elect, independently of the tors to roiiro- n ^ . -,■ i • n- • sent the cor- ^layor of the said city who, according to law, is ex-ql/icio ponition. director, such number of directors not exceeding throe, ex- clusive of the mayor, as may be agreed between the com- pany and the said corporation, said directors to be chosen from among the members of the said council, and who shall, concurrently with the mayor, have equal rights with the other directors of any company as aforesaid ; and they may exercise such rights as are hereby conferred upon them, so long as the amount subscribed or loaned by the said corporation, shall not have been re-imbursed ; and the said directors shall be chosen and elected, and, as occasion may require, removed and others chosen instead, and may enter into office, so soon as the by-law required by law shall have gone through its final passing and the subsi rip- tion made. Limits of the 'J'. If any railway shall have its terminus or workshops corporation ^^ ^^^ eastcm section of the said citv, and shall connect the may be ox- _ •' ' tendo ,1 v:r, 'fCf ]i: .ti-ii>' ■» -i. 'i:.,;' 1871, Corporation of the City of Montreal. Cap. 32. 147 CAP. 32—35 Victoria. An Act to amend the Acts relating to tlie Corporation of the City of Montreal, and for other purposcH. [Assented to 2Srd December, 1871.] / WHEREAS the corporation of the city of Montreal have, Preambio. hy their petition, represented that it has l)ocome necessary, in the interest of the citizens of the said city, to make certain alterations to its Acts of incorporation ; Therefore, Her Majesty, hy and with the advice and consent of the Legislature of Quebec, enacts as follows : 1. The act thirty-fourth Victoria, chapter thirty-seven, is 34 v., c. 37, amended so as to give to the corporation of the said city "•'"<"iJ«J- of Montreal, the power to aid Railways by the granting Power to grant of a bonus, if it prefer such method to a loan or a subscrip- ''"""^ '" '^''^ "*" tiou to the capital stock. 5. It shall be optional with the said council of the said P^^or to aid city, to aid railway companies in establishing a railwav '^"I'T?'*^, ^^ •' J X o J establishing a line or right of way, through the said city, to connect lino connect- together the eastern and western extremities of the said '"« '^o oast city, and of the harbour of the said city, and a station ^".. ^*''^! °"'*^ or central terminus, wdthin the limits of the said city, and, acquire land, for such purpose, to acquire, by the ordinary process of ''^''•' '" ^°' expropriation, or by amicable settlement, the land re-p",^"!,!^,,"^^ quired to establish the route of said railway line, and such tiie line and to station or central terminus ; and power and authority are *'^'"'"""*''^"' hereby granted to the said council to fix and determine the time and manner the locomotives and trains of the said companies shall pass on the said line, within the limits of the said city ; and to regulate the kind of engines to be used by the said companies on the said line, and to establish the conditions upon which the said companies may use the said line and station ; and also to exact from such companies the payment of such duties, rates and tolls, as may be estab- lished by the said council, to defray the cost of the estab- blishment of such railway line or right of way, and of such station or oei^tral terminus, t"! ' ■! , i fr.( .... U-,*Jtv» Iff fci^ljji j'-ji*-,- ^i THE MUMICIPAL CODE OP THE PROVINCE OF QUEBEC. [In force from the second day of November, 1871.] The following clauses taken from the Code shew the powers conferred on mnnicipalities to grant assistance, &c., to public undertakings and railways. CAP. 68—34 Victoria, 1871. "yTTHEREAS there exists in relation to municipalities a ▼ ^ great number of statutes, from the multiplicity of which grave inconveniences result, and it is consequently expedient to consolidate, amend and arrange in methodical order, in one and the same code, the municipal laws of this Province ; Therefore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, declares and enacts as follows : 1. The Municipal Code applies to all the territory of the province of Quebec, excepting the cities and towns incor- porated by special statutes, (On the North Shore between Quebec and Montreal, are situate the following incorporated cities and towns : Three Rivers, Berthier, en haul, and Joliette.) ; 150 Cap. 68. Municipal Code. 34 ViCT. lO I. Every municipal council has a right to make, amend or repool by-laws which refer to itnelf, its ollicers, or the municipality, upon any of the subjects mentioned in this chapter : — Aid in the construction, improvement and mninte nance of Public Works or undertakings not belonging to the Corporation. 477, To assist by money, granted or lent, in the construc- tion, repair or maintenance of any road leading to the muni- cipality, or of any bridge or public work, under the direc- tion of the corporation of any other municipality. 47H. To aid in opening up and improving the coloniza- tion roads declared by the lieutenant-governor in council to be colonization roads of the second or third class, in which the corporation has been held to be interested, in virtue of any law concerning colonization roads. 479. To aid in the construction of any bridge, causeway, pier, wharf, slide, macadamized or paved road, iron or wooden railroad, or other public work, situated in whole or in part within the municipality or its vicinity, to be under- taken and built by any incorporated company, or by the provincial government ; 1. By taking and subscribing for shares in any company formed for such purpose ; 2. By giving or lending money to such company or to the provincial government ; 3. By guaranteeing by endorsation or otherwise any sum of money borrowed by such company or by the govern- ment. 480. To subscribe for or hold stock in any company formed for the purpose of constructing electric telegraph lines. (.■V I'l-s .,■ . : ... ,■- •! • v-:''^ .T>'. ;■?! •■;'' . \ ■■ 481. Every by-law passed in virtue of the two pre- ceding articles, before coming into force and effect, must 1870. Muniripnl Code. Cap. 68. 151 hn approv«»(l hy tho electors of the municipiility and by the Lieutenant-governor in council, ^S*2. It' tho price of the shares fixed upon hy a hy-law of the council passed in virtue of articles 47(hind 480 is not in hand, none of such shares can })e taken or subscrilx'd for in execution of such })y-la\v, by the ht-adof the council or other person thereunto authorized, before the council has ordered an issue of debenturcH or a loan to be contracted sullicient to cover the amount of shares to be subscribed for. ■INJI. By-laws made in virtue of articles 477, 479 and 480, may determine the conditions under which assistuuco or subscription for shares is authorized. Direct Taxation. , JStt. To levy by direct taxation on all the taxable pro- perty or only on all the taxal)le ri'al estate of the munici- liality, any sum of money required to defray the exptMises of administration, or for any special purpose whatever within the scope of the functions of the council. 400, To levy by means of direct taxation on all the tax- able property or only on tho taxable real estate belonging to those persons who, in the opinion of the council, are interested in any public work carried on under the control of the corporation, or belonging- to those who benelit by such work, all sums of money required for the construc- tion and maintenance of such work. 491. To levy, by means of direct taxation, money requir- ed for any purpose within the scope of the functions of the council, on all taxable property, or only on all taxable real estate comprised within a part of the municipality, on pe- tition by the majority of the rate-payers liable to pay such tax, to the extent and under the conditions set forth in such petition. The county council only exercises the power conferred by this article when the territory, by the majority of the rate-payers of which such petition was presented, is situat- 162 Cap. 68. Municipal Code. 84 ViCT. od in two or moro local municipalitiRS of the county, or when the money to be raised and levied is to be employed ou fiome public work which falls under its jurisdiction. Loam and Isxue of Debentures, 499. To borrow money in sufficient sums for any pur- poses within the jurisdiction of the council. 403. To issue debentures for any amount deemed re- quisite to obtain money for any purposes within the juris* diction of the council. 491. Every municipal by-law, which orders or autho- rizes a loan for an issue of debentures must declare the purposes to which the sum so borrowed must be applied, and may contain all provisions deemed requisite to ensure the proper application of the money and the attainment of the end set forth in the by-law. 40*1. No debentures can be issued, and no loan can be contracted, unless the by-law w hich authorizes the issue of such debentures or the contracting of such loan, imposes upon all taxable property liable for the payment of such loan or debentures, an annual tax sufficient for the pay- ment of the yearly interest thereon, and, at least two per cent over and above such interest, as a sinking fund until the extinction of such debt. 40O. Every by-law which orders or authorizes a loan or an issue of debentures, must, before coming into force and effect, be approved by the electors of the municipality when the taxable property or the taxable real estate of the whole municipality is subject for the payment of such loans or debentures, and in all cases by the lieutenant-governor in council. 497. If only the taxable real estate of the municipality is liable for the payment of such loan or debentures, the municipal electors who are the proprietors of such real estate, are alone entitled to vote in approval or disapproval of such by-law. 1870. MuNicijinl Code. Cnp. 68. inii His, It is tlu' duty of the secret iiry-tri'ii.sur«>r of the coun- cil which has passed any sudi hy-hiw, to forward to the lieutenant-«?o\ ernor, to