m \r 1^ IMAGE EVA' UATION TEST TARGET (MT-3) // ^^ ^ ^^*> J Z '^ 1.0 1.1 ■^^■2.8 US ^ Hf Bit: ■u lit 140 IL25 H 1.4 HL^i |2j 1.6 7 Hiotographic Sciences Corporation 23 WEST MAIN STRUT WEBSTER, N.Y. 14580 (716) S72-4S03 ^\ iV ^ •1>^ <^ \ '4SV ^ ^<^<^ CIHM/ICMH Microfiche Series. CIHM/ICIVIH Collection de microfiches. Canadian Institute for Historical Microraproductions / Institut Canadian de microreproductions historiques Technical and Bibliographic Notas/Notas tachniquas at bibliographiquaa Tha Institute has attamptad to obtain tha bast original copy availabia for filming. Features of this copy which may be bibliographically unique, which may altar any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. D n n n Coloured covers/ Couverture de couleur I I Covjars damaged/ Couverture endommagte Covers restored and/or laminated/ Corverture restauria at/ou pelliculAe I I Cover title missing/ Le titre de couverture manque I j Coloured maps/ Cartas gdographiquas en couleur □ Coloured ink (i.e. other than blue or black)/ Encra da couleur (i.e. autre que bleue ou noire) I I Coloured plates and/or illustrations/ Planches at/ou illustrations en couleur Bound with other material/ RaliA avec d'autres documents Tight binding may causa shadows or distortion along interior margin/ La re liura serrde peut causer de I'ombre ou de la distortion le long de la marge intArieure Blank leaves added during restoration may appear within tha text. Whenever possible, these have been omitted from filming/ li se peut que certaines pages blanches ajouttes lors d'une restauration apparaissant dans la texte, mais, lorsque cela 6tait possible, ces pages n'ont pas 6t6 fiim^es. Additional comments:/ Commentairas supplAmantairaa; L'Institut a microfilm^ le meilleur exemplaira qu'il lui a 4tA possible de se procurer. Les details de cet exemplaira qui sont paut-Atre uniques du point de vue bibliographique, qui peuvent modifier une image reproduite, ou qui peuvent exiger une modification dans la m^thoda normala de filmaga sont indiqute cl-dessous. r~~| Coloured pages/ D D This Item is filmed at the reduction ratio checked below/ Ce document est filmA au taux de rMuction indiquA ci-dessous. Pages de couleur Pages damaged/ Pages endommagtes Pages restored and/oi Pages restaurAes et/ou pelliculAes Pages discoloured, stained or foxe< Pages dAcolortes, tachetAes ou piqutes Pages detached/ Pages d6tachtes Showthrough/ Transparence Quality of prir Quality inigal?; de I'impression Includes supplementary materii Comprend du material supplimentaira I — I Pages damaged/ I — I Pages restored and/or laminated/ FT] Pages discoloured, stained or foxed/ I I Pages detached/ r~~1 Showthrough/ I I Quality of print varies/ |~n Includea supplementary material/ Only edition available/ Seule Mition disponible Pages wholly or partially obscured by errata slips, tissues, etc., have been refilmed to ensure the best possible image/ Les pages totalement ou partlellement ohscurcies par un fauillet d'errata, une pelura, etc., ont At6 filmAea d nouveau da fagon A obtenir la meilleure image oossibie. Tt to Tl po of fit Or be th sit ot fir sic or Th sh Til w» Mi dif en' bei rig rec me 10X 14X 18X 22X ttK 30X J 12X 16X 20X 24X 28X 32X The copy filmed here has been reproduced thanks to the generosity of: Library of the Public Archives of Canada The Imeges appearing here are the best quality possible considering the condition and legibility of the original copy and in keeping with the filming contract specifications. Original copies in printed paper covc.n are filmed beginning with the front cover and ending on the last page with a printed or illustrated impres- sion, or the back cover when appropriate. All other original copies are filmed beginning on the first page with a printed or illustreted impres- sion, end ending on the last page with a printed or illustreted impression. The last recorded frame on each microfiche shall contain the symbol —^(meaning "CON- TINUED"), or the symbol V (meaning "END"), whichever applies. Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hend corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: L'exemplaire film* fut reproduit grAce A la gAnArositA de: La bibiiothdque des Archives pubiiques du Canada Las images suivantes ont At* reproduites avec ie plus grand soin, compte tenu de la condition at de la nettet* de l'exemplaire film«, at en conformity evec les conditions du contrat de filmage. Les exemplaires originaux dont la couverture en papier est imprimAe sont filmAs en commen^ant par ie premier plat at en terminant soit par la derniire page qui comporte une empreinte d'impression ou d'iiiustration. soit par ie second piet, selon Ie cas. Tous les autres exemplaires origineux sont film6s en commen9ant par la premiere page qui comporte une empreinte d'impression ou d'iiiustration at en terminant par la dernlAre page qui comporte une telle empreinte. Un des symboies suivants apparaftra sur la derniire image de cheque microfiche, selon Ie cas: ie symbols —»> signifie "A SUIVRE ", Ie symbols V signifie "FIN". Les cartes, planches, tableaux, etc.. peuvent Atre film.6s A des taux de rMuction diffArents. Lorsque Ie document est trop grand pour 6tre reproduit en un seul clich«. 11 est film* A partir de i'angle supArleur geuche. de geuche A droite. et de heut en bas. en prenent Ie nombre d'images nAcessaire. Les diagrammes suivants illustrent la mAthode. 1' < ^ \ « 3 32X \ i ■ i • 4 5 6 • ♦ ? fVelland Canal. i\ Chap. XVII, 4th GEORGE IV. A. D. 1824 ^JV ACT TO INCORPORATE CERTAIN PERSONS THEREIN MENTIONED, lIIfDER THE STYLE AND TITLE OF *'Ent mtiimn Canai eom»^nn*'[ [Passed Jan. 1M, 1824.] 4 % Printed by JOHN CAREY. 1825. ?^'cu«itiii e«inaL [Passed Jan. lOih 1824.J WHEREAS George Kecfer, Tliomus Merrit, p^p^^^g Oeoi'me Adiims, William Chislioini, Joseph Siiiiih, petition of Piiul Shipnviii, Juhii Decow, William Hamilton Meirilt, certain pcr- aiid others, h;rve petitioned to be incofpurutcd lor the "o'ls to be in- purposes o/this Act : corporated. BE IT THEREFORE ENACTED by the King s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Assembly of the Province of Upper-Canada, constituted and assembled by virtue of, and under the authority of an Act passed in the Parliament of Great Britain, entitled, " An Act to Repeal certain parts of an Act passed in the fourteenth year of His Majesty's Reij^n, entitled, ' An Act for ma- king more effectual Provision ibr the Government of the Province of Quebec, in Not th America, and to make fur- ther Provision for the Government of the said Pro- vince/ and by the autiiority of the same :-That the said George Keefer, Thomas Merrit, George Adams, Wil- J."co''po»ation ham Chisholm, Joseph Smith, Paul Shipu)mi, John De- Z \e 'Sed cow, and Wilham Hamilton Mtrriit, or cither of them, the Welland together with all such persons as shall become Stockhol- Canal Comira- d<'rsofthe Company herein-afier mentioned, shall be, ">'• and are hereby ordained, constituted, and declared to be a Body Corporate and Politic, in iiict, and by the name ol " The Welland Canal Comjiany ;" and by that name they and their successors shall and may have continued succession, and by such name shall be capable of contrac- ting and being contracted with, of suing and being suefl, pleading and being imideaded, answering and being an- -swercd unto, in all courts and places whatsoever, iti all n^iuiuer of actions, suits, complaints, matters and causes nhatsoever ; and that they and their successors mav and Directors of ■aid Company empowered to •urvpy the country be- tween the ri- TerWelland &. Lake Ontario, and raid Rirer and theOuse. To have and hold the line, &c of two in- tended Canals with the ne- cesrary locks, &c. On convenient si'es to erect Mills, &c. as mayberequir- ed, and to pur- chase the same for the use of the Company. No person compelled by this Act to sell such sitc,&c. The owner of Mills usiog any additional supply of wa- ter by means of such canal to pay a rea- sonable com peaaatioD. (4 ) fthall have a couimon seal, and may change and alter the same at their will and pleasure ; and also that they and their successors, by the same name of " The Welland Canal Company," shall be in Law capable of purchasing, having, and holding, to them and tlieir successors, any estate, real, personal, or mixed, to and for the use of the said Company, and of let- ting, conveying, or otherwise departing there with, for the benefit :ind on account of the said Compa- ny, from time to time, as they shall deem necessary or expedient. II. — Jlnd he it further Enacted by the authority afore- said. That the />irectors of the Welland Canal Compa- ny shall have full power and authority to explore thn country lying between the River Welland, in the dis- trict of Niagara, and Lake Ontario, and between the said River VVelland and the Grand River, or Ouse, in the said District, and to ( e ignate and establish, and fur the said Company to take, appropriate, have and hold, to and for the use of them and their successors, the line and boundaries of two intended Canals, with their neces- sary locks, towing.paths, basons, and railways, the one to connect the River Welland with lake Ontario, and the other to connect the river Welland with the said Grand river, as near the mouth as practicable, and also to se- lect such convenient scitcs for such and so many mills, manufactories, warehouses, and other erections a* xnwx be required t)y the said Company for the purposes there- of, and to purchase the same to and for the use of the said Company. Provided always. That nothing herein- before contained shall extend, or be construed to ex- tend, to compel the owner or owners of any mill-seat to sell, convey, or otherwise depart with, the same to the said Company. — Provided also. That the owner or ow- ners of any mill-seat or mill-seats using any additional supply of water brought thereto by the said canal, shall pay a reasonable compensation therefor to the said Com- pany, to be determined as herein-after provided for de- termining any damage done to property by the said Company. 111. — And be it further enacted by the authority afore - saiJf That it shall and may be lawful /or the said Com- puny, ;inrri!. from jind itltrr tho piis^inyot' this \i'l,t»> sii|)|»lv llw siiid CiMial, whilst iiiakit);; iitid uhi'ii iniuh-, with water iVoin nil surli brooks, sj»riiiy<, slr»'iims, vvat.'r ronrsi"!, hol- lows, or other repositories of watei-, as shall be found in making the said Canal, or within the di»«tan((^ ol dne thonsand yards, (exeejtt as Inrein bel'oro or herein afier mentioned,) iVorn any part oftht'said canal, i)r from any reservoirs to be made lor supplying the said Canal, with water; and the said Company are hereby also authori- sed and empowered, by tliemseUes and thei. clepnties, agents, servants and workmen, to make one or mor«' re- servoir or reservoirs, ami snr.h or so many feeders, tun- nels, and acpjodncts for supplyinsj; the said reservoirs and Canal with water, and conveyini^ water from any auch reservoir or reservoirs to tlie said Canal, as to them shall seem necessary and proper, (exceplins; as heroin- after or above mentioned ;) and lor tin; purposes afore- said, the said Company, and their agents, servants and workmen, are hereby authorised and empowered to enter into and ujtnn the lands and u;roun(In of, or be- lonajinc; to, the Kinj^'s Majesty, his Heirs or Surres. pors, or to any other person or persons, brxiies politic or corporate, (exceptinj; as is her<'in-be-"ish, trees, roots ofir^MN, beds of gravel or sand, or any ot!)(^r mailer or ifiiuf/s which nr<:y be (Uig or got in the making of the siud r-\- nal, or in making of any reservoir or reservoirs, leeders or aqtieducts or out of any lands or grounds of any per- son or persons adjoining or hiying contiguous tlierclo, and which may be proper, requisite, or convenient for carry- ing on, contimiing, oi* repairing the said canal, or other the siiid works, or which may hinder, prevent, or ob- struct the making, using, cofn\»letiiig or maintaining the same ; and also to make, build, erect, \md sot up in and I'ompany (o siijiply I lie oa- nal with wali'i- from N|)ring:>i, &>'. foiiiiil iu witliiii l,a,runaoN,&(; din:. Sir ( « ) lor, repair, Ate if uc'cchsary. May place work, &c. aiu- teriaU oii );rouiidK ad- juiiiing. \i|h,ii tlic s'lul «;inal, or upon Iho limds juljoiiiiivj: "r ncfv to the ■'iuiif, sM' li iind so many l»ri(l<^('s, iiiiunU, .'iqno- (hu'ts, sliiicrs, locks, wears, prns lor water, limk'» r^'^or- \oirs, (Ir.iiiiv, uharvrs, qua^s, laii(liiisi;-|)la(Ts, an'l etlirr uorks, ways, roads, and rotivenicurcs, as tho said rom- |»;iiiV shall tliitd\ n'(|ui*ite and ronvrnirnt lor the purpo- May m the said canal, as lor the carry- uvx or eonv« yinij; ot'all maimer of materials nece-'ioy for makinir, erecting;, furnishinji, altering, repairini; anicnd- iii.(id ir.i\ i^i.ilion ; and ai^o j)lace, lay, work, and inannl'ai tiirt' the said materials on the grounds near to the place or phices where the said works, or any of them aie. or shall he, intended to he made, erected, repaired, May rrpjur or done, and to hiiild and construct the several locks. &alur Itiiccs. |iiidi;-es, worI\<, Jind erections helon.2;inj5 thereto ; and May make also to make, maintain, repair, and alter any fences or ami appoiui njissa'j;«s over, under, or thronii;h the said Canal, or the boaiB &c. uii p(.^prv,,irs and tunnels, aipieducts, passa2;es, sutlers, wa. "** '^"'"^ ■ ter-conises and sluices respectively, which shall commu aiuf TcTi')'"ui "''•''"' therewith; and also to make, set up, and appoint rep/iir, pifi-K, drawinii-hoats, han.^es, vessels, or rat'ts, passinj^; in, aiilus, &.C. oil tlii-(»uirli, alonir, or upon the said canals, ajj they, the said any l>iook,riv. (\„^,|,;jiiy, shall think convenient; and to construct. u' ^^J'!' "'"f t"^**^*' *"»' '<<'♦'!• '" ""cpair, any ]»cars, arches, or other Calfa'laiultow. ^v""'-"'' •"• "P""' *"^'' "*^*'"S"* ''"^ river? or hrooks, for inn- pailis. makiiii:, u^in^, maintainin!:;, anrl repairingthe said Canal, And other and the t()vvinu])alhs on the sides thereof ; and also to niaitois and eonstru< t, make, and i\o all other matters and things itiinf-s nccca ^yhi/h tliey shall tliiuk necessary and convcnic nt for the t^'iJicnt'foHl'c "''"'^'".-' «'fi'^'<:lii«:i;, preserving,' improving, completing purpo(*e» of anil U'-inu; the said Canal, in pursuance, and within the this act. tnie meiming of this Act ; they, the said commissioners, Doimr ;is lit- (loin-- :is little damage as may be in the execution of the til' 'lamugc as several j)owers to them hereby granted, ic making satis- possible ai.d fjipiio,, i,i manner herein-atter mentioned, for all dama- niuknig Batis- . . , • i i ii • r i foctioii S'^^ ^" '"^ sustained by the owner or occupiers ol such Not to take '""''''' tenements, or hereditaments. — Provided, That away any wa- notliiii;; in IJiis Act contained shall extend, or be consrtuc- tcr ijclougiiig t'-d to extend, to authorise the said Company to divert, (7 ) ,;p {'Av iiuny, I'ur tlif ikc (if the siiid (.':in;il, tho uiiln* ot' j^ j,,,^. ^jm, .'my >lrtaiJi or river, so n.-i to iiiiui**' aiiv iiiilh williiii tln" wiihoiii ilic limit-t of the siiid intciidiMl (';iiiiil, without tlu; consent ot' coiiHriiiofow. the owner or owners thereof. "•^"'i *«. IV. .f\nd he iifitrthir Enacted hij ihv. autlioriltj vfnrc- saiiU That shouhl the owner or owners, (irrnpier or oc- ni|»i« r-«, of itny nnll-seiils on the line of th • 8 lid cinal, or within live hiinrh-ed y.irds thi-reof, ronsid.-r the !«.inie in :my manner injnred, or the vahi • thenMjfm wwy wiy depreciated, from the erection of rival estahlishtn'MiU or from any oth"i' < ause urowini; ont of t!ie cutting and making the said canal, and for the com|)cnsation of which no provision is made in this act, it shall and :nay be lawful for th » said Conipany, and they are her l»y required to purchase the same at a lair valuati(»n, f >Mn(l- cd on an avera;j;e of former years, to he ascerlaiicd hy arbitrators, at* h;'rein-after piovided, to ascertiin tlie v;,- lue of lands and tenements to be purcliased, or the a- mount of damajji's in any case sustain 'd I'rovidcd fd- :c'rtj/.s, That nothinic herein contained shidi extend, or be constructed to extend, to compel the said owner or ow- ners, occupier or occupiers of any such mill-seals, to sell, convey, or otherwise dispose of the same to the said Company. y. — .1nd be li jvrthcr Enacied hy thr. nuthnrity afore- said, That it shall and may be lawful for the said compa- ny, in constnictin<; and makiiej; the said canal, from lake Ontario to the river Welland, and from the said Grand river to the Fxiver Welland, to take and appropriate for the use of the said canal as much water as they may find necessary from ont of the Nia<^ara Hiver, the said Grand river, & the river Welland ; and its hall bo law ful for the said Company to erect at the ujouthof the river Welland a Pier, anci at the points of departure of the said Canal from the said (irand river, and I'rom tlv^ river Welland, at the place of its termination at lake Ontario, such and so many wharves, quays, piers, forebays, locks, and other erections, as nuiy be necessary for the use of the said company, and the purposes of tran.-port on the said canal. — Provided rt/ttai/s, That no sur.h erection, work, or device of the «aid Company, sIidH obstruct the ua\ illation of the said river Welland. or the »»oiid (irand Should nwn< ciii ut ihill' Aoutn oil I he line of the ru- ea', or withia riBOylB.ihcic or,i'onvi'l(>r th«* Kiiiiip iiijiirpcl orvulu diniin- is »f»il Iroin ri- ral OHtuhliHh- mi'iits, or by moans of the (-anal, the rotn- |iaiiy roquircd •o innvliase (lie H tiiio at a >.i : Miliiaiinn, to l)P aac'orlain od hy Arbitra- tors. Supply of cra- ter to be talcco from Niaii.iia, Grand, & Wel- land iiverH. Piers jnay b'' creeled and ai many wharves iV'c. for trans- portiiij; &c. Such erecti- ons not to ob- struct naviija- tioti, &c. /! ."•" Power of ob- laiuiu&r laud. ( 8 ) river, or in nny miinner prejudice any establishment, work, or depot of or the use of the Uoyal Navy, or o- ther department of the public service, now formed and situate at or near the mouth of the Grand river, or river Welland or tipon the banks thereof, or be placed on any ground more than one huiuh-ed yards distant from such I'oiuts of departure and termination, as aforesaid, and the powers of obtaining any land for that purpose shall be governed by the provisions herein contained After »:rromid VI. And be it further Enacted by the authority afore* ascertained all said. That after any lands or grounds shall be set out ^°^'"^'^- •"' and ascertained to be necessary for making andcomplet- eeirthe wme '"» ^^^ said Canal, and other purposes and convenien- ces herein-before mentioned, ii shall and may be lawful for all bodies, politic communities, corporations, aggre- gate or sole guardians, and all other trustees whomso- ever not only for and onbehalf of themselves, their heirs and successors, but also for and in behalf of those whom they represent, whether infants, luaatics idiots, femmes coverts, or other person or persons, who are, or shall be, possessed of, or interested in, any lands or grounds which shall be set out and ascertained as aforesaid, to contract for, sell, and convey unto the said Company all ur any part of, such lands or grounds which shall from time to time be set out and ascertained as aforesaid ; and that all such contracts, agreements and sales, shall be valid and effectual in Law to all intents and purposes whatsoever, any law, statute, or usage to the contrary thereof in anywise notwithstanding; and tho amount thereof shall be established in the manner herein-after mentioned, for the determination of the value of lands or other tenements to be purchased by the said Com- pany, and of the amount of damages committed thereby. Directors may ^^^' "^^^^ ^^ it further Enacted by the authority afore- contraor with '^^^> '^hat the Directors of the said Company shall be, ownersof land and the same are hereby empowered, to contract, com- for the pur- pound, compromise, and agree, with the owners and chase thereof, occupiers of any land through or upon which they may determine to cut and construct the said intended Canal, with all necessary and convenient locks, towing-paths, railways, and other erections and constructions contem- plated by this Act, to be cut, erected; constructed, and iblishment, avy, or o- )rined and r, or river od on any from such esaid, and rpose shall ed mty afore- be set out d complet- :onvenien- be lawful >ns, aggre- i whomso- their heirs ose whom s, femmes e, or shall r grounds tresaid, to mpany all hall from said; and , shall be purposes i contrary ) amount rein-after i of lands aid Com- I thereby. ity afore- shall be, act, com- rners and they may ed Canal, ing-paths, s contem- cted, and (9) liuilt, cllliOi" for llie absolute jmrchnst* of !*o much of the Aiiid lan(] us they sh.ill require lor the purposos of the sniti Company, or for the ilamagos which he, she, or they shall and may be entitled to recover from the said Comp :ny in consequence of thr said intended Canal, locks, touinj^-p iths, rail-wnys, uml oiher C(instriicii»)ns and erections being cut and constructed in an»l upon his, her, or their respective lands; and in case of any disa- j^reement between the siiid Directors and the owner or owners, occupier or occupiers aforesaid, it shall and may be lawful from time to time, a** often as the said f^irectors shall think H(, for each owner or occupier so dibagreeing with the said Directors, either upon the value of the larids and tenements proposied to l»e pur- ch .sed, or upon the amount of tiii.nascs to be paid to them, as aforesaid, to nominati; and aj)point one indil- iorent person, and for the said Directors to nominate and appoint an equal number of indift'erent persons, who, together with one other person, to be elected by ballot by the said persons so named, shall he arbit ro- tors to award, determine, adjudge, and order the re- spective sums of money which the said Company shall j)ay to the respective persons entitled to receive the same, the award of a majority ot whom shall be final ; and the said arbitrators sliall, and they are hereby re- quired, to attend at some convenient |>lace in the vicini- ty of the route of the said intended Canal, to be appoint- ed by the paid Directors, within eight days after noiice be given them by the said Directors for that purpose, then and there to arbitrate, award, adjudge, and deter- mine such matters and things as shall be submitted to their consideration by the parties interested ; and that each arbitrator shall be sworn betbro some one of His Majesty's Justices of the Peace in and for the said Dis- trict, any of whom may be required to attend the said meeting for that purpose, well and truly to assess the damages between the parties according to the best of his judgment. — Provided uhi-ays, That no arbitrator shall be compellable to attend any such meeting of the arbi-» trators aforesaid, who shall usually reside more than htty miles Irom the place of meeting. Vlll. And be it further Enacted Inj the aufhoriti/ afore- mid, That any award made under this Act shall bcsub- Or for (lama- e^ts occaioiied b^ saidcaual. Power te no- miiiate Arbitra Jors— the ma- jority of whom shall awaidtluj bum to be paid l)y the compa- ny- Time & place of attendance of Arbitrators who are to be sworn to as- scsa dama^-Pf. Award may be set aside by the court ot King'tj Beuch. { 10 ) tratora. I'roperty of Imiiaiistobeiis forlaiii(-d tlte pame as other iiidividualii. • fori lobe set aside on ;n»|)livhich case, a rel'eronce nv.iv be again made to arbitra- tors, as hcrein-helore provided. IX. Proridcd al-u-aijs, And he itfurihcr Knacicd hi/ Ihc authnrily aforesaid, That if any part of the said Canal shall pass throngh any tract of land in the possession of any tribe or tribes of Indians in this Province, or if nny act occasioning damage to their property or their pos- sessions shall be done under the authority of this Act, compensation shall be made to them therefor, in the same manner as is provided with respect to the pro- perty, possessions, or rights of other individuals ; and that in nny arl>itra1ion rctpiired for settling the amount of such compensation, the chief oflicer of the ln(Uan department within this Province is hereby authorised and required to name an arbitrator on the behalf of the said Indians, and the amount which shall be awarded in nny such case, shall be paid to the said chief oflicer of the Indian department to the use of the said Indians. X. Jlnd he it further Enacted hythe authority aforesaid. That vvhen and so often as it shall be necessary to cut into any highway, in order to conduct the said Canal through the same, the said Company of Proprietors shall, within one month, cause to be constructed a se- cure, suflicient, and commodious biidgc, for the pass- ing of carriages, in order to re-establish the communica- tion between the several parts of such highways, under the penalty of Five Pounds currency for each and every day after the expiration of the said time which the said Company shall neglect to construct such secure, sufli- cient, and commodious bridge, as aforesaid. XI. And as the division of lands may render the erec- tion of new bridges over the said Canal necessary, Be it further Enacted hy the authority aforesaid, That every proprietor of land who may chuse, at his own cost and charges, to erect any bridge to communicate with the several parts of his pio[)erty, separated by the said La- iial, may do so, provided such bridge do not present more obstacles to the navisration of the said Canal than the neighbouring bridges erected thereon. Indian offi- cer to appoii:t arbitrator and receive sum a- warded. The company Shall build a bridge if they cut into any highway un- der the penal- ty of Jt'Saday. . .. , . .^.ov of land inaj' e- rcct bridges ; but not to ob- struct the na- Tigatioo. ['t ofKiii'j:*9 nc grouiiils parties, in to arbilra- \acif(l hi/ ihc i said C:innl )osscssion of ;e, or if any )r tlu'ir pos- ofthis Act, cfor, in the to the pro iduals ; and tl»e amount f tlie Indian y authorised lehalf of the ; awarded in ief officer of I Indians. ily aforesai(L issary to cut e said Canal Proprietors ructed a se- br the pass- communica- uays, under h and every hicU the said lecure, sufii- d. ler the erec- ecessary, Be That every )wn cost and ate with the the said Ca- not present i Canal than ( " ) XII. .']//'/ he it further Erincted. Inj thr rnthnriti/ aforr- l*ci-Hons «le«- said, 'J'hatifany person or persons shall uihiilly, nia- '^"y"'" ^^'^•'''* liciously, or to the prejudice of the siiid ('ompany , break, J^'^Ves,'^'*^^ ^g throw down, dauiago, or destroy any baidi, lock, gate, coiiiinittcd to shiice, or any works, nrichine, or ticvicc to be erect- gaol, ed or made, by virtue of this Act, or do any other wil- ful Act, hurt, or mischief, to disturb, hinder, or pre- vent the carryina; into execution, or completinu^, sup- portinjj, or maintaining the said (.'an:d, every sucli per- son or persons so olVendin;i;, shall forfeit and pay to the said Company the value of the damage, proved by tho oath of two or more credible witnesses, to have b^'oii done; such damages, together with costs of suit in that behalf incurrerl, to be recovered by action in any court of law in this Province, having jurisdiction competent to the same ; or in case of default of payment, suih of- fender or oifenders may be committed to ihe common gaol for any time, not exceeding three niontlis, at the discretion of the Court before which such oflonder shall be convicted, XIll — /Ind be itfurllur Enacted by the authority afore- Peibons ob- said^ That if any person shall float any timber U|)on llio structinj; ca- said Canal, or shall sutler the loading of any boat, or ves- 'J'^' with boat sol or raft navigating in or upon the said Canal, so as by ^^' ^^ 1"*^ ■^•^* such over-loading, to obstruct the passage of any ot'ier boat, vessel, or raft, and shall not immediately, iipon due notice given to the owner or person having the care of such boat, vessel, or raft so obstructing the passage afore- said, remove the same, so as to make a free passage for the other boats, vessels, or rafts, every such owner or person floating such timber, or having the care of sucli boat, V('-evs and occupiers ot any lands adjom- >vitUout pay- ing to the said C.uia! to u"e any jileasure-boats or any iiig loll. boats upon tiie said Canal lur the ptirpose of husbandry, or for convening cattle from one farm, or part of a farm or lands to any other farm or lands of ihe same owner or occupier, (not passmg through any lock without the consent oi the said Company, their successors, or their principal agent tor the time being,) without interruption from the said Company, or their successors, and without paying any rate or duty for the same, so as the same be But not for "01 made use offer the carriage of any goods, wares, oi- the carriage of merchandize to market, or tor sale, or for any persoii gooiis, &c. or persons for hire, and shall not obstruct or prejudice the navigation of the said intended Canal, orthetowuig- paths thereot". XVI. — And whereas it may hereafter happen, frooi floods or from somo unexpected accident, that weii>. iulilu);tt, » rcqut'st e ("or lliiil surli «>!- Ill IlKMtl^}"^ tion sliiill ' sorv.inls fcTsspl, or moved in such ob- tain s-tich • mi)' part 1 by such at or ves- r or ovvn- e of such , weigh or nts or ser- or vessel keep the ecessarily 'Enacted h[i be lauiul (Is adjoin- ats or any usbandry, of a farm e owner ithout the , or their erruption d without same be wares, or y person prejudice le to wins: - |pen, froni lat weirs, J ( 13 ) l1«>od-2;ates; dams; banks; re.servoiis; trenches, or o- ther WDrks of IIk; said n a iirati on; ni 'y be d; imajied or destroyei), and llie adjacent lands, or the property If Jhe weirs, &f. !;ive way, Company may • 1(1 II. 1 eufer upon a- tiier«()ii theri'liy (lani;»;n'il; and that it may be necessary „v land & iW^ that ihe same slionhl be iinm('rectors&c. )ar{s of the said Canal as sh ill not be of suOicient "1*;T ' u'^r'' I 1 I i- I • ■ . I .' . i P9 tor boats m Itreadtii lor adnuttmg a boiil, vessel, or rait to turn about adjoiniDg laud orly,or for two boats, or oilier vessels or raf^s to pass oaclj other, to open or cut proper spaces or places in the liiudb atljoining to the said canal, at convenient distances Amount col- lected, &c. to be 8iibiiiit- ted 10 the le- gislature, aud the gfoods irau Hportcd. Lco^islat ure may reduce the tolU. ( II ) from cnch otlicr, for the turniu;;, lyiiijr, riiul pnssinj; oi smy siicli boat, vessel, or nill, and that (lie said boats, meet holv to^Le vessels, and rafts, b(>in major part of tin ni, uiul'jr their hanils shall direct and appoint. Toll regulated XVI 11. .'?/»/ he it further Enacted h\j the authority ,i- foresaid. That it shall and may be lawful for the Presi- dent and Directors of the said Con>[)any to ress than twenty per cent, on the capital actu- ally ex[)en(ledin making the said canal. Times ot com- XIX. Jlnd be it further Enacted by the authority aforc- plcting caual. said, 'J'hat the said Company, to entitle themselves to the benelil and advantages to them granted by this Act, shiill, and they are berel)y required, to make and com- \t\cW. the said canal, railway, to\viiig-paths, and other erections reipiired for the navigation thereof, (as laid down in the lleport of Mr. Hiram 'J'ilibet, engineer,) from Lake Ontario to the River Wellanl, wiiiiinfn'e year'^ from the ('ate li'.i'eof, and from the liver Wellaud t> the said Grand river, witliin s( \ . ii years from the date hereof, so iss to be navig'title tor boats, bargei-, and rafts. «it!ierwise this Act, and every maUcr and tisiiig btreiii «i>ntainc.!, >^hall ce;>v<,', and be iiLtcriy null and void. — Provided nevertheless, That th;-, said Comprtny shall be entitbnl to all the advantages of this Act, in as much as relates to the cut to the river Wclland, in c; ?e !l ( 15 ) tlioy f oiniiloto i'lid fmifh tlint |>nrl of il within tlio time liiiiilo'l l»y llii.^ Act. \X- — And he it fuvlheV emtrteA by the autlimiiy nfore- After canal said, Thiit Uio siiidcoiniisinvsliiill,;-! the Istsfnenll niort- fi"""'"'*'* «|»e m;: hohl iilt<'r ;my |>;trt ol the (•;ii\iil sliiill h«' timshcd, as- n,^ ,:ate*of toll. rrrt:iit» luul fix tho rutos iind (hies to he lakni hy virtue oflhis Act; i;nd that it shidi and may he hiwfiil for the j^„y ^\^„ Directors of the said C'oini»any to alter the said rate-* at same after 3 any stihsecpient meetinc, after fiivini;- three months pub- nionilis notice, lie nntici' of the same, and that a schedule of rates shall be alVixed on the dilVerent public places ou the route of Sdiedulo to the said canal. ^"^ affixed. XXI. -And for preventin;; disputes touching the damage of any boat, barsjc^ or other vessel navisialiiiti upon the fiaid canal, />> it fuvthcr niactcd bu t!ic (Hiihovitu cforcsuid ^'"*^ "" P*""" That the owner or laastrr of every such l)oat, bar<;e, or ^^ measure vessel, shall permit and sufl'er every surh boat, har^.' or boats, vessel to be p;uaijed or measured, and refusiiio; jso to per- mit and sutler, shall forf -it atid pay th<> sum of Forty Shillinpis currency ; and it shall be lau ful for the s;iid Company, or tiieir Toll-L;;itI;(>rrr, or such person or per- sons as shall be appoitited by thorn for that purpose, and jj^^ ^^ ^^^ Huch owner or mast(>r, each to choose one person to certain raea- ineasure &, ascertain suf;li toimaa;e, and to mark tiie sanu" suremcut, on such boat, b:;r;j;o, or other vessel, which mark shall always be evidence of the tonnase in all (piestions res- pect ini; th(^ payment of the aforesaid rates or dues ; and if such owner or master shall refuse or decline to choose 51 person in his behalf, as afore.'uid, then the person ap- pointed by the said Conij)an3% or tluir 'I 'oil-gatherer, shall have alone the power of ascertairiing such ton- nage. Persons a!- XXII. And be it further Enacted hij the aurhnritif afore- lowed to use said. That all pefson.s whatsoever shall have free ii- '""*" "" l';'" , / , .', , ,.i 1 • .11 • vate roads lor berty to use, with hordes, cattle, ami carriaj:;es, the pn- transportation vate roads and w ays to l)e made as al(->resaid, (except And to nav- the towing-paths,) tor the purpose of conviying any isate tlie cam goods, wares, merchandize, tind)< r, and commodities ^' ^'"' ^"^** whatsoever, to and from the said canal, and also tonavi- "!i* * f .1-1 1 -.1 ... , quays oic.ata gate on thesai(lcanal with:>ny liont>, Itar;.;'-, v(\ssels, or rate to be es i-afts, an;! V> use the said wharves und quays for loading tabliblied. { Ki ) (111(1 uiiluadiiii; miy U'Dnd-i, \v;!r.'<, mcT'liiiiiili/.c, Ini'i'iip uihI rotiillioditios, iiiid :iU<> to use tlx* suid lowiiiLi'ltJllH, wilh liorst'S (or driiwiny :iiid linulini; '*\v\i boiiS iind \k'<- st'ls, upon piiyinnil olS-iicli rales or dues ;is shall l)t' ••'l;!- bli?lic(i I'y tlii'ftiiidC't)iin)imy. Dues to be XXIII. Ami he It fiirllivr Knartril In/ the anlhoriliiafnrr- *'*-'?"'''• said, TImt tlu! sii'id .S'vcrid diivssr,:dl he |.;iid 'l./siirii person or |K'rsoiis, at sucli pla"(- itr plac«'s iiiar to llio said raiial. in siicli manner, and nii(!(>r siicij r<';:nlalii)ns, as the said Djreetors shall direct or appoint ; and in ( asc of denial, or nei!;h'ct of paynienl ol' any such rat<'«i oi* «Iue«, or any part lliercof oti demand to llie ])ers(in or pi'rsons, a|>pointed to receive tiio same, as al'oresaid, the said company may sue (or and recover the samr in May snc for atiy court havinij; jurisdiit ion thereof, or the person or same ^-c. persons to whom the said rates or duesoiid to seize and detain such boat, vessel, ban^e, or raft, for, or in respect whereof, such rates or,i-feit &c. XXIV. And he it further onicted by the authority afore- mid. That it shall and may be lawful for any ])erson or persons, His Majesty's subjects, or others, to subscribe tor any number of shares, (not exceeding, in iho tirkt instance, fcia;hty,) the amount whereof shall be due and payable to the said Company in the manner herein-after mentioned, that is to say, ten per cent, on each share so subscribed, shall be payable to th« said CAunpany immediately after the Stockholders shall have elected the number of Directors herein-after mentionc*!, and the remainder by instalments of not more than ten per cent, at such periods as the President and Direstors shall from time to time direct and appoint for the payment thereof. — Provided, That no instalment shall be culled for in less than thirty days after public notice shall have been given in all the newspapers in every District of this Province where any stock shall have been sub- scribed. — Provided always. That if any Stockhohler or Stockholders, as aforesaid, shall nesjlect or refuse to pay to the said Company the instalment due on any share or shares held by him, her, or them, at the time required by law, such Slockhrdder or Stockholdern - 1 ml Vi'<- (11 l>i' 1--1;!' >ritij afnrP' id lo Midi sir to tlio i'i.';nl;Uions, 111(1 in t i'so li nit''< (»>* person or iilorosniil, 10 siunt' in person or to 1)0 |)iii(l, )\voro(l to •iift, for, or lo be pitid, ■iriUj afore- j)ersoii or ) subscribe 1 the tirft je due !mt\ erein-after jacli shnro G^mipony vn GlecteU one*!, !uul in Ion per stors shall payment be culled shall have district ot" jeen sub- holder or refuse to je on any t the time ckliolder't ( 1? ) .^h ill I'oi r.'it «n» !i '•ii,in\ :is nf )r'«;iitl, witli the amount l»rc'M>ii^ly p.jid thereon ; iind the ^h ire or shiro" «h.ill bo soli bv tlie directors at public auction, after h.ivinn; y,iv('n thirty dnys notire, and tlu^ |)rocee(ls thereof, to- ;;;etb(.r witfi llie amount previouidy paid thereon, shall lie accounted for ;ind applied in like m:ii.i)fr as :Miy o- thor fnndu of the said ('oinpany. — Proviiled ah-ciix, Thrpurchu- riiat sui-h purchaser or nurch isers sh dl niy to the snid '[''''' *''••'' l'^^ '-onifnny the amount ot the instalment rcipiired, oyor r,.,,uiu.,| |,p, an. I above the punhif^e-money of the share or shares giiics iii,. pur to be purchased by him, hiT, or them, as aforesaid, thuse ni(iu"«, immediately at'ier the sale, and b'lbre Ihcv shall be en- •»•'•'"'«' t<'iiifi- tided to a^ < erldi.- lie of the transfer ot such «hare or «^"»e**'"'»"»''*-''' s!»'.res 1*0 to bo puichased, an aforesaid. X KV. And he it further euactrd Inj the nntlinrjtii nforr. mid, That if the whole number of shines shall not be subscribed within two months after the books of sub- "cription shall have IJ*».en opened, as aforesaid, then and in such case, it shitW and may be lawful for any former subscriber to increase his, h-r, or their sub- scription ; and tha after the first instalment shall hnvp been paid to the said Company, the said shares ahnll become transferable on the books of the said Company. — Provided always, That until the said Canal shall be completed from the River Welland to Lake Ontario, no part of the funds paid in shall be applied to any other purpo-^e whatsoever, and after the same is completed, 4 not more than Five Thousand Pounds shall be expend- ed in the erection of machinery, until the cut to the said Grand River is completed, anri the said Company shall proceed to the completion of the whole with as little delay as possible. Any pemon may f>n>'i<'i(He lis liUtj!>Cti|)- tion. Stiares (rant* ferable. Sum to be exp 'idedine- rec iu;; machi- nery, iiiilil ca- nal i« fiuislttd. XXVI. And be it further enactedby the authority afore- said^ That so soon as five thousa id pounds shall have been subBcribed, it shall and may be lawful for such subscribers, or any of them, to call a meeting at some place to be named, (in the Town of Nia^fara,) for ihe S»!iscriber9 purpose of proceeding to the election of the numlier of may c»Il a Directors hereinafter mentiored; and such election '"'^''•'nr lo e- shall then and there be made by a majority of sh ires, ^^^^ director* voted for in manner hereinafter prescribed, in resjiect of the annual election of Directors, and the persons ! ■ ' * t Hi ; ilii 11 .111(1 tlit'te thijscii sliiill be tlio tii>t )t Mond.iy in y\pi-il surrci iliii;; tbrir i.'b'ctKui ; iiiid the Oiructuri^ su cboheii Dircclui'Mso ^b.ill, iia souti u-s ii (l('|)<)>it ritiioiiiititiu; to live hutidroil liooii as tlify poiiiidy, upon the «biiir<, subscribed as jd'orosiaid, sbidl roteivp .t'.'.uo j,L. p;iid to the s;iid UirertoiH, ooinrnonro ibe busiiie^i «.. lomm.iice .,„j opcntiotis of lb«! said CoinpiMiv.— /Vrrr/./tv/ ali^'itiis, J b:it no siicb iiuMtiii^ ol Mm* siwA Mibsci ibor;} sbidl take place tintil a notice is publir*liL'd in all tin- Niiwspapors in ih's I'roviiiC', at the ili?l.incn u(' not loss thaik ihirty d.i}'b li'uin the tune ui such notilicatiun. Tlir iifr.irs X X V 1 1. .liul hz it further viutctcd hij the auiliority ofnre- ofthe to.Kia ^^^i^j 'j'j,„t the slock, property, alVairs and conc"(!rns of iiy «u be mail- . . , ^. . n . , , , . ■ (•fjfd l)v live "'^ '''•"' corporation siiall bo inannjjod and conducted by Directors of livc Dii'octors, one ol'whonj shall bo choserj Prosicient, whom one who shall hold their ofliccs lor one year, whicli Direci- »liallbcPie»i. ois shall be Stockholders, and shall be inhabitants of this province, and be elected on the (irst Monday in April in every yeai, at such time of the day, and at biich place, near the line of the said inlended Canal, as a majority of the Directors for the time being shall appoint ; and public notice shall be given by the said Directors in the different Newspapers printed within this province, of such time and place, not more than sixty, nor less than thirty days previous to the time of liohhiiri; the said election ; and the said election shall be held and made by such of the Stockholders of the said Company as shall attend for that purpose in their own proper persons, or by proxy ; and all elections for Directors shall bo by ballot, and the five persons who shall have the greatest number of votes at anv elec.ion shall be directors, except as is herein-after di- rected ; and if it should happen at any election that two or more persons have an equal number of votes, in «uch manner that a greater number of persons than five shall by plurality of votes, appear to be chosen as Directors, then the said Stockholders, herein-before iiulhoriscd to hold such election, shall proceed by bal- lot a second time, and by plurality of votes, determine which of the said persons, so having an equal number of votes, shall be the Director or Directors, so as to com- plete the whole number of five ; and the said Directors, so soon as may be after the said election; shall proceed, iji dent. Sutli Direc- tor , &C. liOW clecli i\. ( "!> ) r<)ctors, nruf ly ill April 11* HO cliobeii livt» hiiiidrtMl repaid, sli;ill th(3 bnsincs!! idat alii'iiijs, n sliall take N»;\vs|)apnrs i than lliirtv ihority vfnre' conrcirns of oiuluctod by 11 Prosiiiciit. liich Direcl- ihabitant!} of Monday in day, and at tnded Cunul, s being sliull by the said ntcd withirk more than ) the time of ection Hhall ders of the ose in their 11 elections ive persons otes at any ein-after di- ection that of votes, in ns than five chosen as rein-before eed by bal- determine ual nnmber o as to com- J Directors, proceed, iu like in:irinfT, 'o olort bybnllot ono oflheir niimhortobc I'"' !)••«'<•• I'rpsidr Kt. and tuo dl the directors which shall be ""•*,•'>■ '"'|'"' choTn ai iho prroodin'j; year, oxeeptm^ ilie rro«*i(lcnt |^j,|p,„ 'linli Ik' inehjiiiile to t!ie olVre ol Director for one year 'iwo DiiPciorH after tlie expiration o( the time for which they shall be siiall Im» in.li- rho*»Mi director." : and in c!i«»> n greater niiiiilur than ;3 y:ii>l«-' «lif H'M of the (! rectors, exclusive of I he President who served •*'"'"• for the hist year, shall appeir t(^ be elected, then th n election of such person or persons iliovc the said nutn- ber, and who shall have the tewc«t votes, shall be coii- f-idered void, and such other of the Stockholders as shall be cli;^ible, and A\x\\\ havi? the next greatest rnini- ber of votes, shall be con'^iderf.'d its elected in the room of such last-described person or persons, who are here- by declared ineligible as aforesaid ; ar d the IVe-'ident for the time being sl.all always be clisible to the olVice of Director, but Stockholders not residing within \\\a Province shall be ineligible ; and if any Director shall If any T)i absent himself from this frovince, and cease to be an ""f'tor shall inhabitant thereof for the space of G months, his oHico ^''^^''." ''"""':" shall be considered as vacant, and it any vacancy or va- ,,.^„„ ,|,^. ytfo- cancios should at any time happen among the Directors, vihcr,liinortire or if the office of President, by death, resignation, or oliall be void removal from the said Province, such vacancy or va- cancies shall be fdled for the remainder of the year in . How v-acan, which they may happen by a person or persons to be *^"^" ' ^ "'* A Dlrrcto'" nominated by a majority of the Directors. — Provided nlwayx. That no person shall be eligible to be a Direc- tor who shall not be a Stockholder to the amount of at ^1,^.^8. least ten shares. XXVIII. And be it further enacted hy the nulhoritij StocklioUler* rtO>rc.wii ordin-.nces of the « m ke h; If yearly dividends of so much of the profits of (h>. 9 m(| Company as to them, or to the majority of them, sb U apj»-ar atlvisable ; and that once in every three yoar^, a .d ottener if ther< unto required by a majority of tii.j votes o'" the Sio(klioMersi, tobe given a<;reeable to he. ratios berein-beM)re estaoiished, .'it a general meetin;^; to be ( -illed for that purpose, an exact and particular stalem -Mit shall be rendered ofthe debts which shall have remained unpaid .ifter the expiration of the origitiil cedit, for a period oftreble the term of that credit, and of 'he Purj)!uH profits, if any, after deducting losses, di- vidends, and expenditures. XXXI. A7id be it further Enacted by the authority of ore - sf'id. Tint the Directors for the time being, or a major pirt of them, shill have power to make and subscril)e siicli rnb^s and regulations as to them shall appear need- lul and proj)er, touching the management and dispo-^i- tion ,>f the stock, property, estate, and effects of the said corporation, and toiiching the duty and conduct of the officers, clerks, and servants employed by the said Company, and all such other matters as appertain to the business of the said Company, and shall also have power to appoint as many officers clerks, and serv mis. for carrying on the said businrss, and with such s da- ries and allowances as to them shall seem nieet Provided. 'JMiatsuch rules and regulations be not repugnant to the laws of this Province. XXXI I. And be if further' enacted by the authority afort- said. That every Treasurer, before he enters into the duties of his office, shall give bond, with two or inoj:' sureties, in such sum .ns may be satisfactory to the I'i reetors, with conJitiou foi' the faithful discharge of lui duly, \' I (, ^1 ) ! on any (l;jy ie In' (lociiii'd be l.iwfiil: orj of Directors d by the laws t'r rity of ire- Uors t» ii! lie lis of (h^-SMfl rthem, sh U three yonr^, jority of" f!i,j 2eal)le to ,hK i\\ meetin;^; to il particular chshnll h:ive the origin, il t credit, and ig losses, di. rc- thority afo U or a major id subscribe ppear ncrd- «nd disposi- Vects of the 1 conduct of by the said appertain to II also havf rid serv lids. 1 such s da- ^•"1 Provided. jnant to th(> '.ority afore- rs into thr vo or inoji' to liie ]»i arire of li;-> \ \ \ 1 11 ,. Ind he a further enacted by the authority afore- Fenaliies for r.md, Tliiit i.ilp-naities and fo»'f>ituros for olVonces a infr'i'giuif by« ir\i!i-;t this A;"t, or against any rule, order, or bye-law * nl'i'; ' said Coitipauy, to bo made in pursuance ther'.-of, f: !■ »!»o 1 "vyin:^ and rocovoring whereof no particular r,s. is lnr;Mn-bidore din^'ted, sh.dl, upon proof olthe (if i>(: s r:>spocliv;'ly before any two Justices of the I'.',- ■• tor ill'' Di>itri('t of Ni'i^ara, either by conf'ssion of t: ■ ji.irty or partit's, or by the o;;th of one credible wi'ij •^s, ('.vlii.di oath smdi Justices ;i.u? hereby empow- er ■'{ ..n.i required to ad.ninister nilhout fee or reward,) b." h \ i'd by :lislr'ss anvi s;ile of thf noods and chattels of thi' p; rii 's otll'n('in2;, l>y wi.irant under the hand and per, I of such Justices, (whi.-h warrant such Justices are her by emp'^wrr d to jjriMit,) and fhe overplus, after su li pi'nalti s and fort" iliires, and the char^X'S of such di-^lr sj, and sale an' deducted, sh.dl be returned, upon demand to the own>:r or owners of such i^oods and chat- t.d ■ ; i.nd in case such sufl"irient di-tress cannot be l"ound, or such ])(uahies an I f)rfei!urcs s!iall not be forthwith paid, it shall be I .wful for such Justices, by warrant uini'-r their hands and snds, to cause such offender or ofTnders to be coijmiittcd to tho common said Canal the towing-paths, and the ditches, drains,"' '"'finh!! &< liid f >nccs to separate any such towing-paths from the ^'*'^°"' tdjoining lands, shall not exceetl f"orty yards in breath, ex- l^tt wlie.c ce; ts lie and higher, or cut above five feet deeper, than the present P^^s eatU snrf ce of the land ; and in such ])laces where it shall be ^^^'*- iudg :d n-'cessary for boats, and other vessels and rails, to turn, ly, or jiass each other, not more than sixty-five yar.s in breadth m any of those phicos, without the con- sent of the owner or ownerb of such land or tfruuii'' re^- con- \- ere Actions must be broii(iht in a moiittiB. ( '-22 ) pectivcly under his, her, or their hand or pojiI, in writ- ing, first had and obtained ; nor shall any limd or ground be let out, ascertained, contracted for, or sold, I'or the purpose of making any navigable cut, trench, or sluice, to convey goods or other things to or from tl»e said Ca- nal, without such consent, as aforesaid, any thing in this Act contained to the contrary notwithstanding. XXXV. And be it further Enacted by the authority aforesaid. That if any plaint shall be brought or com- menced against any person or persons for any thing done, or to be done, in pursuance of this act, or in execution of the powers and authorities, or the orders and directions herein-before given or granted, every such suit shall be brought or commenced within six calendar months next after the fact committed ; or in case there shall be a contiouation of damages, then with- in six calendar months next after the doing or commit- ing of such damages shall cease, and not afterwards ; and the defendant or defendants in such action or suit shall and may plead the general issue, and give this Act, and the special matter in evidence at any trial to be hau thereon, and that the same was done in pursuance, and by the authority of this Act ; and if it shall appear to be so <]one, or if any action or suit shall be brought after the time herein-before limited for bringing the same. then a verdict shall be given for the defendant. Nothiu" to XXXVl. Jlnd be it further Enacted by the authority a- effect the right/orcsa/t/. That nothing herein contained shall affect in any of his majesty, manner or way whatsoever the Right of His Majesty, His Heirs and Successors, or of any person or persons or of any bodies politic or corporate, except as is here- in expressly provided. XXXVn. And be it further Enacted by the authority a- foresaid. That this act shall be deemed and taken to be a public Act, and as such shall be judicially noticed by all Judges, Justices of the Peace, and other persons, witii- out being specially pleaded. k '1 \ V V 1; ifiil, in wril- mkI or <:;round sold, for the h, or >lnirc, t)io p;u(l (',\- ' lliing in tiii^ ng. thr. authority ught or com- for any thing lis act, or in or tlie orders anted, every ;d within six litted ; or in is, then with- ; or commit' ; afterwards ; action or suit give this Act, rial to be hau irsuance, and appear to be jrought after he same. then c authority a- l affect in any is Majesty, or persons ; as is hcrc- authority a- aken to be a oticed by all Tsons, with- ( 23 ) Gth Geo. 4. [Act passed 13fh April, 1C25.J WHEREAS it is expedient to repeal part of and amend un Act ])isso(l during the last session of the Parliament of this Province, entitled, ' An Act to in- corporate certain persons therein mentioned, under the style and title of the Wclland Canal Company,' and to enable the directors thereof to enlarge the dimensions of the said canal, if thfy shall think proper: B" it there- fore enacted by ^he King's Most F'xcellent M.ijobty by and with the advice and consent of the Legislative coun- cil and Assembly of the Province of Upper Canada, con- stituted and assembled by virtue ol and under the autho- rity of an Act passed in the Parliament of Great Britain, entitled, * An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's Rt=ii2;n, entitled 'An Act for making more effectu.d provision for the go- vernment of the Province of Quebec, in North Ameri» ca" and to make further provision for the Government of the said Province ' and by the authority of the same, that the twenty -fourth clause, the thirty -seventh clause and so much of the twenty-fifth clause of the said first mentioned Act, as declares the number of shares shall not exceed three thousand, shall be and the same are Iiereby repealed, and that from and alter the passing of this Act the number of shares to be held by the said company, shall not exceed sixteen thousand at twelve pounds ten shillings each. 2. And be it further enacted by the authority afore- said, that from and aftc the passingof this Act, the land and ground to be taken ii. d used for the said canal, the towing paths, ditches, drains and fences to separate any such towing path from the adjoining lands shall not ex- ceed sixty yards in breadth except in such places where the said canal shall be raised higher or cut above live feet deeper than the present surface of the land, and in iiuch places tvhere it may be judged necessary for hoat:i Pre.'^mble. Ground to be taken for caiiul, the tow- ing paths. &c. to spparate a- iiy 8iuli tow- ins; putli fjocn adjoining land shall not ex- ceed 6 ' yards, except &c. ^ i i i t M ^ u Without con •cut of o^ner. (24 ) and other vessels and rafts to turn, lie or pass each other not more ihan one hundred yards in breadth, without the consent of the owner or owners of such lands or ground resipectively under his. her. o.- thpir hand and seal, first had and obtained any thing in the said first men- tioned Act to the contrary notwithstanding. Power to ex- 3. And be it further enacted by the authority afore- tend dimensi- gajfi thj,t ,t ^\^y\\ .^^^(\ ^gy be lawful for the President and onsof caual. Directors of said company to extend the dimensions of said canal for the purposes of sloop navi^^ation. it' they shall see fit so to do. any thing in the said first recited Act to the contrary notwithstanding. Liberty to 4. And be it further enacted by the authority afoie- construct tow- gaid. that it shall and may be lawful for the said Compa- ing-paths, &c. pjjjjy ^^ construct a track or towing path from the point where the canal from lake Ontario intersects the river Welland, to the point where the canal leaves the liver Welland for the Grand river, and from the point where it intersects the Grand River on the Bank thereof to lake Erie, also from the point where the canal from lake Ontario intersects the river Welland, to the mouth of said river on either bank thereof, whichever the compa- ny may find most convenient, and from thence to Fort Erie at the head of Niagara river : Provided always ne- vertheless that nothing in this act contained shall be con- strued to prevent any person or persons whatever from having and enjoying the use of the said rivers or ei- ther of them, and of the Banks thereof (subject to such regulations as may be made by the said company for the preservation of the towing paths oi tracks aforesaid) for all purposes as fully, freely and effectually as if this Act had never been made. Reservoirs to ^' ^^^ ^® ** further enacted by the authority afore- be constructed ^"^^^ that the authority given to the said Company in the third clause of the said recited Act, to construct Reser- voirs shall be cons rued to aulhorize them to execute the said reservoirs (in the manner pointed out) on the linc of the canal if to the said Company it shall seem ex- pedient. 6. And be it further enacted by the authority afore- k 1 « i )ass each other 2a(lth, wiihout such lands or lipir hnnd iind snid first mcn- thority afore- President and dimensions of Ration, ifthev I first recited ihority afore- said Compa- 'om the point cts the river ves the liver point whore ik thereof to tial from Jake he mouth of f the compa- ence to Fort rl always ne- ihall be con- s whatever rivers or ei- jeet to such aany for the bresaid) for a if this Act ority afore- )any in the uct Reser- jxecute the 5n the line seem ex- rity afore- .sr ?H M ( ^3 S-iven Dir- ectors to be an auully chosen. said, thiit so much of the twpnty-iiinlh rlau^- of the said recited Act us rccjuiros the el«M-tion of fivi; memlicrs Ite and the same is herehy repealed, and ihiit tlie said com- pany shall eh.ct in manner and at the times pointed out by the sai«l Act, seven director^ annnally (one of wh(;m >hall be President) to manage the alVair.; of the said com- pany. 7. And whereas douht^; may ho hereafter entertained with respcict to tlie direction by which it was intended the saitl canal should be conducted, in oi-der to entitle the said company to the privileiies intended by the above n;cited Act, the same not bavins;; been othorwiso decla- red in the said Act, than by rcfennico to the report of Mr. Hiram Tibbet, Engineer. Be it tlierefore enacted Route of the by the authority aforesaid and declared that ih;"; route a- Caual. long which the said canal shall be conducted shall be as follows, thatis to say. that part ther«.'of which is to con- nect the River Welland with lake Ontario, shall com- mence at John Brown's Farm on the river Welland in the Township ofThorold passing down the valley of the twelve Mile Creek and terminating in lake Ontario at the mouth of the said creek, such being the route surveyed and reported by Hiram Tibbet, Engineer, before the pas- sing of the said Act, and referred to in the nineteenth section thereof, and that part thereof which is to connect the river Ouse, or Grand river with the river Welland, shall commence at or near Broad Creek on the grand ri- ver, and terminate at or near Misiner's Mills, on the forks of the river Welland : Provided always neverthe- less, that if within three months after the passing of this Act, any stockholder in the said Company shall by instru- Stockholdert ment in writing executed in the presence of one or more *"'«.y withdraw witnesses under their hands and seals declare to the Pre- "^"" »ustal- sident and directors of the said Company, that they would not under the provisions of this Act, have taken shares in the said canal, such stockholder shall be considered no longer liable to pay his subscription or any part thereof, and upon repayment to him of such instalments as he may have paid, his shares shall be thenceforth forfeited, 8. And be it further enacted by the authority afore- said that nothing herein contained shall be construed to authorize the said company to construct such track or racuts. I js I ( ae ) Towine:patl» towing pnth as heroin mentioned in any manner to inioi- not to injure fere with or prejudice the property of any person, or por- ^'^'^ " sons having mills, store-housf s, wharves or other biiild» tbe propel y othe persons. inss on the banks of either of the said rivers. 9. And be it finlher enacted by the authority afore- .«aid, that it shall and may be lawful for the Directors now chosen to procure w ithout delay a survey to be made of Harbours to the i/arbour at the mouth of the Grand river on lake be surveyed. Erie and of the entrance into the twelve mile Creek, frt-m lake Ontario, by an able and experienced Kngineer, in order to ascertain whether secure and c pacious Har- bours can be constructed for sloops and schooners inten- ded to pass through the said canal, at an expense w hich will not occasion the wliole estimate to exceed the a- mount of fitock, which the said company are by this Act authorised to hold. I I i i 10. And be it further enacted by the authority afore- d ufwh (1° 11^ ^^'^^' ^'^"^ ^^^^ whole amount of stoi. k now paid in and re- ihe Bank of niaining on hand and such as shall hereafter be paid in L'. Cauada. upon the subscription of the said company, shall from time to time be deposited in the B mk of Upper Canada and there placed to the credit of the Welland Canal Company to be withdrawn only by order of > Board of Directors, signed by the President or Vice President, and oountcrsi;i.ned by the Secretary of the board for the tune being. Funds shall H- And be it further enacted by the authority afore- not be applied said, tha+ no part of the funds of the^said company shall at to any purpose jn^y {\^^q [)^i appropriated to any purpose unconnected with the making the said canal, and the navigation there- of, unless upon specific estimates submitted to a general meetinii of the Stockholders to be legally crdled and ap- proved of by a majority of the Stockholders attending;- such mooting,or by his or their Agent or Agents, duly au- thorised to act in his or their belialf. unconnected with canal, un- less, &c- Di rectors to hold iwcn- e.y shares- 12. And be it fiir'th'r enacted by the authority afore- said, that at and aft- r. the next general Election of Di- rectors no person shall bo eligible to be a Director <;f the said Company who shall not be a stockholder in the said Company to the amount of twenty shares, any thing V nanncr to inicv- ^ person, or por- or other buiUU /ers. luthority aforo- i Directors now y to be made oi' d river on lake lie Creek, fr.m !ci Knginocr, m c 'pacious Ifar- ::hooners inten- expcnse n hidi exceed the a- are by this Act uthorlty afore- paid in and re- fter be paid in ny, shall from ipper Canada I'elland Canal of •» Board of ice President, board for tiie ithority afore- mpany shall at unconnected '^igation there- l to a general nlled and ap- li TS attending ;ents,daiy au- hority a fo re- action of D\- i Director of holder in the es. Pvov thinr; il- '■ ( 27 ) in fh'.Mwonty-uirjth clause of the said ' passed ihr fourth year oflli^i Majesty's Kcign, to Uic conti'Uly iiot- willislanditig. 13. And be it further enarto.d by the autiiorily afore- Mm Jampt said, that the Honoral)lo Jamest Irvine and Simon M'Ciil- Irvmc Uiii Si- livray, Esquirt, in addition to the five V^irectors aheady '""" iVl'cilliv- 'i { K. liicv studl ■jty iiforo- li.H Act i\u: His H«Mrs 'oil and of aid canal, ! unnually annual a- lirity's Re- Revenue jjesty, His niissioners V, in such id Succea- f I