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 -^^:^^^«^ 
 
 AN ACT 
 
 TO 
 
 INCORPORATE 
 
 THB 
 
 NEW CITY GAS COMPANY 
 
 OF 
 
 MONTREAL, 
 
 10 and 11 ViotoriflB, Cap. 1,79. 
 
 l(0tttml: 
 
 PENNY, WILSON & CO., 345 NOTRE DAME STREET. 
 
 1866. 
 
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 '( * 
 
 ,,, ANNO DECIMO ET UNDEOIMO 
 
 VICTORIiE REGINiE 
 
 CAP. LXXIX. 
 
 An Act to incorporate The New City Oas 
 Company of Montreal. 
 
 ^^;' J ; ; [28th Julyy 1M7.] 
 
 WHEREAS the ^eat and increasing Preamble, 
 extent of the City of Montreal, and 
 the great demand for a cheap and eifective 
 mode of lighting the Public Squares, Streets 
 and Places in the said City, as well as the 
 Shops and private Dwellings therein, render 
 it desirable that more than one Company 
 should be established for the purpose of 
 furnishing Gas for the lighting of the said 
 City ; And whereas the several persons here- 
 inafter named, have by their petition prayed 
 that they and such others as may be here- 
 after associated with them in their under- 
 taking, may be incorporated under the style 
 and title hereinafter also mentioned, for the 
 purpose of supplying the said City with 
 
 331 <^ 
 
Gas in greater quantity, of better quality, 
 and at a cheaper rate, than the same 
 hath heretofore been supplied ; And where- 
 as the Mayor, Aldermen and Citizens of the 
 City of Montreal, have signified their assent 
 to the establishment of the said Company, 
 and to their having the powers hereinafter 
 given them with regard to the opening of 
 the streets and other matters connected with 
 the establishment, locality and construction 
 of these works ; And whereas a considerable 
 proportion of the shares of stock of the 
 said Company hath been already subscribed 
 for, and at a General Meeting ot the holders 
 of such stock, held on the eighth day of the 
 month of May,in the present year, pursuant 
 to public notice given in that behalf, the 
 following persons were duly elected as Di- 
 rectors to manage the affairs of the said 
 Company for one year from the date of such 
 election: namely, John Mathewson, William 
 Lunn, James Ferrier, David Kinnear, Du- 
 
 fald Stewart, Alexander Urquhart, Archi- 
 ald McFarlane, Thomas Molson, Joseph 
 Savage, James Scott, George D. Watson, 
 Henry Mulholland, and Canfield Dorwin ; 
 and at a subsequent meeting of the Direc- 
 tors above mentioned, they did from among 
 their own number elect the said John Ma- 
 thewson to be President, and the said Wil- 
 liam Lunn to be Vice-President of the said 
 Company ; and the said Petitioners desire 
 that the above named Directors, President 
 and Vice-President should continue in office 
 
 
and be coniirnied as such Directors, Presi- ,. . .,m 
 dent atid Vice-President, until others shall ; ' ■ 
 
 be elected in their stend under the provisions 
 hereinafter made ; And whereas it is ex- 
 pedient to grant the prayer of the said Peti- 
 tioners : Be it therefore enacted by the 
 Queen's Most Excellent Majesty, by and 
 with the advice and consent of the Legisla- 
 tive Council and of the Tiegislative Assem- 
 bly of the Province of Canada, constituted 
 and assembled by virtue of and under the .. , 
 
 authority of an Act passed in the Par- 
 liament 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. That John Mathewson, Thomas certain per. 
 Molson, William Lunn, James Ferrier, ^^"'^''"^"'p*'- 
 David Kinnear, Joseph Savage, George D. 
 Watson, William Molson, William Parkyn, 
 Johnston Thompson, Andrew Dow, George 
 McDonald, Miles Williams,Carter, Robinson 
 and Company, John Armour, James Scott, 
 Archibald Macfarlane,Canfield Dorwin,Du- 
 gald Stewart, Alexander Simpson, Thomas • ' ' 
 Kay, David Torrance, Thomas H. Bryson, 
 John Eadie, William Murray, Robert Camp- 
 bell, Alexander Urquhart, and Henry Mul- 
 holland, or such of them, and such other 
 persons as now are, or shall hereafter become 
 Shareholders in the Company hereby es- 
 tablished, shall be, and are hereby ordained 
 and constituted a body politic and corporate, 
 
6 
 
 Corporate 
 name and 
 powers. 
 
 Property. 
 
 by the name of The New City Gas Company 
 Of Montreal, and by that name they and their 
 successors being such Shareholders, shall and 
 may have perpetual succession and a com- 
 mon seal, with full power to make, change, 
 break or alter the same at pleasure ; and 
 shall and may by the same name, sue and 
 be sued, plead and be impleaded, answer and 
 be answered unto, defend and be defended, 
 in all Courts and places whatsoever, and 
 shall and may have full power to purchase, 
 take and hold personal property, and lands, 
 tenements and other real property for the 
 purposes of the said Company, and for the 
 erection, construction and convenient use of 
 the Gas Works hereinafter mentioned, and 
 also to alienate such personal property, 
 , , ;, lands and other property, and others to pur- 
 ^ chase, take and hold in their stead, for the 
 purposes and uses aforesaid ; and that any 
 ' person or persons, body or bodies politic or 
 corporate may give, grant, sell, bargain or 
 convey to the said Company any lands, ten- 
 ements or hereditaments for the purposes 
 aforesaid, and the same may re-purchase 
 Proviso : for from the Said Company : Provided always, 
 and to wtat*' that such lauds, tenements and heredita- 
 vaiue the meuts to be holden by tho said Company, 
 howPreaf ^of shall be SO holdcu for the purposes and busi- 
 p«rt7- ness of the said Company, as set forth in this 
 
 Act, and for constructing their necessary 
 works for and about the same, and for no 
 other purposes whatsoever ; and that the total 
 yearly value of the lands and real property 
 
 

 to be SO hiolden at any one time, shall not ^-^'^f^f^ 
 (over and above the value of the works iarJ 
 
 thereon erected ) exceed one thousand pounds ^^^ X^ 
 currency. 
 
 II. And be it enacted, That the said Com- capitaUf th« 
 pany may raise and contribute among them- °"^*°^* 
 selves, such sum as shall not exceed the sum 
 of twenty-five thousand pounds currency, in 
 shares of ten pounds currency each ; and the 
 money so raised shall be appropriated to the 
 purpose of constructing, completing and 
 maintaining their said Gas Works, and to ♦ ' ^ 
 
 the purposes of this Act, and to no other ob- 
 ject or purpose whatever : Provided always, increase ai- 
 that if the said sum of twenty-five thousand iersary!"*' 
 pounds currency should be found insuflScient 
 for the purposes of this Act, it shall be law- 
 ful for the said Company to increase their 
 Capital Stock by a further sum not exceed- 
 ing twenty-five thousand pounds currency, 
 either among themselves or by the admission 
 of new shareholders, such new stock being 
 divided into shares of ten pounds currency 
 each : Provided also, that in the event of dif- Power to bor 
 ficulty arising in procuring subscribers for p?S|?their 
 such increase of capital, it shall be lawful for property. 
 the President and Directors, for the timethen 
 being, of the said Company, to borrow a sum V „ j 1^. 
 or sums of money, for the purposes aforesaid, 
 not exceeding the sum of fifteen thousand 
 pounds currency, and to pledge and hypoth- 
 ecate the property and income of the said 
 Company for th« re-payment of the sum so 
 borrowed and the interest thereon. 
 
Present Di- 
 rectors and 
 Officers con- 
 tinued for a 
 certain time. 
 
 • rtf'. I 'li Uil': 
 
 Annual Gen- 
 eral meeting 
 when to be 
 held. 
 
 QjKi'Hm of 
 Directors es- 
 tablished. 
 
 III. And be it enacted,That the President, 
 Vice-President, and Directors hereinbefore 
 named, shall continue in office until the first 
 Monday in March, in the year of our Lord 
 one thousand eight hundred and forty-nine, 
 or until the next General Election, if no 
 Election be had on that day, unless they 
 shall sooner resign, be removed or become 
 disqualified under the provisions of this Act. 
 
 IV. And be it enacted. That the first 
 General Meeting of the subscribers to the 
 Stock of the said Company, shall be held on 
 the first Monday in March, in the year of 
 our Lord one thousand eight hundred and 
 forty-nine, and a General Meeting on the 
 first Monday in March in each year there- 
 after, and at such place and hour as 
 shall be appointed by the By-laws of the 
 Company then in force, to choose by ballot 
 and by a majority of votes, thirteen persons 
 being each a proprietor of not less than ten 
 shares in the Stock of the said Company, as 
 Directors for managing the afiairs of the 
 said Company ; which thirteen Directors 
 shall continue in office until the next General 
 Election of Directors. . -^ . 
 
 V. And be it enacted. That any five of the 
 said Directors shall form a quorum for the 
 transaction of business, and any majority of 
 such quorum, assembled according to the 
 provisions of this Act and the By-laws of 
 the Company then in force, may exercise 
 any or all of the powers hereby vested in the 
 Directors ; and the President, or in his ab- 
 
 as 
 
senc(» the Vice-President, or in the absence ^/^*^\,f , 
 of both, a Chairman chosen by the Directors ^^ *'m ii^*' 
 present pro tempore j shall preside at the ** **-'"'^ 
 meetings of the Directors ; Provided always, Proviso: Di- 
 that no person being a shareholder in any te^^embJw Jf 
 other Gas Company formed for the purpose any other Qm 
 of furnishing Gas to the said City shall be a ^°^'^' msi 
 Director of the Company hereby established. 
 
 VI. And be it enacted, That at the General be Bubmu'ed*' 
 Meetings of the Shareholders to be held an- Jjgfg""*^ 
 nually, for the purpose of electing Directors *^ °^* 
 as aroresaid, on the first Monday in the 
 month of March in each year, and before the 
 election of new Directors, the Directors of 
 the then past year shall exhibit a full and 
 unreserved statement of the affairs of the 
 Company, of the funds, property and debts 
 due to and by the said Company, which said 
 statement shall be certified by the President 
 or Vice-President under his hand and seal : 
 Provided always, that and in the event off^?^"®;^?' 
 there being no election of Directors on the uon at any 
 first Monday in March in any year, in con- *™*- 
 sequence of the said shareholders neglecting 
 to attend in conformity with the requirements 
 of this Act, or from any other cause, then 
 and in that case the Directors of the previous 
 year, shall continue and remain in office 
 until an election shall take place at a future 
 Special Meeting of the said Shareholders, to 
 be called for that purpose in the manner pro- 
 vided by the By-laws of the Company then 
 m force. 
 . VII. And be it enacted; That the Directors Directors to 
 
elect a Preti* 
 dent and a 
 Vice-Presi- 
 dent. 
 
 T^^anoiM, 
 how to be 
 filled. 
 
 V -J ! I/'%1 >i ,, ^ 
 
 ProTiso. 
 
 10 
 
 elected as' aforesldd^ ^liall at tlieii' first Aeet- 
 irig after such elect'ibn, cli'bba^ out of tliei'i* 
 number a President and Vic6-Prei^idi6iitj 
 who shall hold thdr offices; re^i>eetitely, 
 until the then n6xt election of Dlrecfos^ : aUd 
 it shall be lawful f6r the said Dlre6tOi*s fi^oih 
 time to tim6 iii case of death, resijgpiatioh', 
 a;bsence from' the Prbvince, disqtialm<catioii, 
 (and any p6rsX)n dii^quaMed to be; el^c^ed 
 sh^ll be disqiialifi'ed from r6mainfn'2; fit 
 office), or the reihoval of any persolS so 
 chosen to be President or Vic6-Pt6sid^ttt, or 
 Director, or either of th6rn',,to choose in their 
 or his stead, from among the sdid Directors? 
 nnother person or perj^ons to be Prei^dehtof 
 Vice-President, or from amongst the other 
 shareholders another person or perso'ft^ to 
 be Director or Directors, respectively, tcf 
 iniie in office tintil the hext ahnual eiec- 
 
 Powers of the 
 Directors. 
 
 By laws. 
 
 tion as' aforesaid : Provided alitays, that ther 
 Directors shall always vete per ccppita, and 
 hot according to the number of i^ares th^y' 
 hold ; and the President or person presidiir^ 
 at any meeting of the Directors or of tTiel 
 Shareholders shsLll have a casjtihg vote oirlj^. 
 Vlir. And be it enacted, That the Direct- 
 ors shall and may have the power to eippdiiit' 
 a Manager, Clerks arid, such other persons, 
 as may appear to them riecessaii^ for carryingf 
 oh the business of the said Cdittp8tny,^itn 
 siicit pdWei^S and duties, salaries and allow- 
 ances id each as shall seem iheet ahd fldvi^a- 
 ble,— and also shall and may have the poWei^ 
 tb make or repeal of alter such By-lsliVs to 
 
u 
 
 
 be^byid^jig v^on members of the Coinpany 
 or meir de^vants, as shall appear to them 
 proper and needful, touching the weU-orde!r- 
 ing ot the said Compai^y, the mf^na^ement 
 s^nd disposition pf its stocjk, property, estate 
 and eTOcts, the calling of special meetings 
 pf its Shareholders, or of meetings of the Di- 
 rectors, and other matters connected with the 
 proper organization of the said Company, and 
 9ie condjtict of the affairs thereof,— arid also 
 sfiall and mayhave the power to make calls instaimentf 
 for instalments on shi|,res, sujbject to the pro- 
 vkions, hereinafter made, and to declare such Dividend*, 
 yearly or half-yearly dividends oiit of the 
 proflte of the said undertaking as they |nay 
 deem expedient, and to make contracts, or contracts, 
 fer such |iy-laws to eprippwer the president, 
 yice-Presid^t, or any Director or Officer to 
 ^9,^e cpiitracts, on behalf of the CompanVj 
 and to affix (if need be) the common s$al of 
 fhe Company to such contracts,— and gener- 
 ally to manage the affairs pf the said Compa- 
 ny^ and to do or empower others to do what- 
 ever the Company may lawfully do under 
 this Act, unless it be otherwise herein pro- 
 i^ided : Provided aljvays, that such By-lawsr |jfj^^°," 
 shall be in no wise inconsistent with the true 
 intent andnieaning of this Act and the pow- 
 ers her>eW granted, nor repugnant to tjie 
 Laws of this Province, and shaU,. before they 
 ihall have force, be approved by the Share- 
 tpidei^ at some Annual or Special Meeting, 
 ^t which such Shareholders shall have full 
 power to alter or amend the same: A?id 
 
 
12 
 
 .1.1 *i., ^^^wf.,.,^ 
 
 'I'Li; ■< 
 
 \l 
 
 TwiIdMeS- F*^"^^^®^ also, that until it 1)6 otlifemsd 
 ingr ** " ordered by the By-laws of the Company, a 
 Special Meeting of the Shareholders may be 
 called by the Directors, or in their default, 
 on being thereunto requested by at least 
 twenty of the Stockholders being proprietors 
 together of not less than five hundred shares 
 of the Stock of the said Company, then by 
 such twenty (or more, as the case may be) 
 Stockholders ; the Directors or Stockholders 
 giving at least six weeks' notice thereof in 
 at least two of the public newspapers of the 
 City of Montreal, and specifying in the said 
 notice the time and place of such meeting, 
 together with the objects thereof. 
 Votes at An. IX. And be it enacted, That Shareholders 
 SSiMietx^n*!^. pay voto by proxy duly appointed in writ- 
 ing or in person, and all elections shall be 
 by ballot ; and all questions to be decided at 
 any Annual or Special Meeting of the Share- 
 holders shall be so decided by a majority of 
 votes ; and on every occasion when the votes 
 of the Shareholders are to be given, each 
 Shareholder shall, if he hold one share and 
 ... . ,. not exceeding two shares, have one vote ; for 
 every two shares above two and not exceed- 
 ing ten, one vote — making five votes for ten 
 shares ; for every four shares above ten and 
 not exceeding thirty, one vote— making ten 
 votes for thirty shares ; for every six snares 
 above thirty and not exceeding sixty, one 
 vote — making fifteen votes for sixty snares ; 
 and for every eight shares above sixty and 
 not exceeding one hundred, one vote — mak- 
 
M 
 
 ing twenty votes for one hundred shares; 
 and no Shareholder shall be entitled to give 
 a greater number of votes than twenty, and 
 no Stockholder shall be allowed to hold more 
 than five hundred shares. 
 
 X. And be it enacted, That all subscrip- 
 tions for shares in the Capital Stock of the 
 said Company, or to the undertaking for 
 carrying out which the said Company is in- 
 corporated, shall be good and valid, and 
 binding on the shareholder, whether made 
 before or after the passing of this Act, and 
 the several persons who have subscribed, or 
 who may hereafter subscribe for shares in 
 the said undertaking or Company, shall and 
 they are hereby required to pay the sum or 
 sums of money by them respectively sub- 
 scribed, or such part or portions thereof as 
 shall from time to time be called for by the 
 Directors of the said Company, under and by 
 virtue of the powers and directions of this Act, 
 to such person or persons, and at such times 
 and places as shall be directed or required by 
 the Directors, and in case any person or per- 
 sons shall neglect or refuse to pay the same 
 at the time and in manner required for that 
 purpose, it shall be lawful for the Directors 
 to cause the same to be sued for and recovered 
 in any Court of Law in this Province, having 
 jurisdiction in civil cases to the amount ; and 
 in any such action, whether for the subscrip- 
 tions already made, or hereafter to be made, 
 it shall not" be necessary to set forth the 
 special matter in the declaration, but it shall 
 
 Nnmber of 
 ■hares to be 
 held by one 
 party limited. 
 
 Sobscriptioiii 
 before the . 
 passinflrofthis 
 Act to De 
 valid. 
 
 
 Recovery of 
 subacriptions 
 not paid np, 
 provided for. 
 
 Averment in 
 any such ac 
 tion< 
 
14 
 
 be sufficiept to allege that the defendant is 
 
 <. . the holder of one or more shares in the sto<;k 
 
 ^ ' • (iptating the number of shares) and is indebt- 
 
 I ^. ,ed to the Company in the sum to which the 
 
 calls in arrear may amount ; and in any such 
 
 J^oo<^ir«i<* action it shall be sufficient to maintam the 
 
 ^ °^' sanie, that the signature of the defendant to 
 
 some book or paper by which it shall appear 
 
 that such defendant subscribed for a share 
 
 or a certain number of shares of the stock of 
 
 the said Company or undertaking, be proved 
 
 t>y one witness whether in the employment 
 
 of the Company or not, and that the number 
 
 of calls in arrear have been made, and the 
 
 suitm^ be broughtjn,^e <J9y)Wft^.^m€i 
 of the Company. "' " ' 
 
 XI. And be it enacted, That no one in- 
 stalment to be paid on accouut of the shares 
 in the stock of the said Company shall ex- 
 ceed two pounds ten shillings currency on 
 each share, and notice thereof shall be given 
 by advertisement in the newspapers, during 
 at l^ast three weeks before such instalmient 
 shall be called for : Provided always, that 
 no iastalmeut shall be called for except after 
 the lapse of one calendar month from the 
 time when the last instalment was called 
 for ; and if any person ,Qr persons shall ne- 
 gicjQt or refuse to pay his or their share of 
 such money to be so paid in as aforesaid, at 
 ibe time and place fixed and appoiuted by 
 tike Bireetors, such person or persons so ne- 
 glecting pr refusing ma^ be sued as ajfore- 
 iai4» QJ^ #t : the 9ption of the Directors shall 
 
 Amoant and 
 period! of iD> 
 ■talmenti. 
 
lant is 
 3 9to<jlt 
 ndebt- 
 ich the 
 y suph 
 Lin the 
 iant to 
 appear 
 L share 
 tock of 
 proved 
 jyment 
 lumber 
 ind the 
 e naine 
 
 one iu- 
 k shares 
 lall ex- 
 ^ncy on 
 e given 
 /during 
 balniient 
 ys, that 
 ipt after 
 om the 
 J called 
 hall ne- 
 ihare of 
 jsaidv^t 
 ^ted by 
 s so ne- 
 ajBore* 
 rs jjhall 
 
 16 
 
 thereby incur a forfeiture of riot more thrfii 
 ten nor less than five per cent, on the amount 
 of hid or their respective share or shares : 
 and if such person or persons shall refuse or 
 neglect to pay their proportion ot the instal- 
 ments demanded, for the space of two caleri- 
 dar months after the time fixed for the pay- 
 ment thereof, then and in that case such per- 
 son or persons shall forfeit his or their re- 
 pective share or shares upon which former 
 mstalments shall have been paid, and such 
 share or shares shall be sold by order of the 
 Directors, by public auction, and the pro- 
 ceeds of the sale, after deducting costs, and 
 the forfeiture above mentioned, shall be paid 
 over to such defaulter ; and the President 
 or Manager of the Company shall have 
 power to transfer the stock to the purchaser 
 or purchasers thereof: Provided always, that 
 no advantage shall be taken of the forfeitui*e 
 of any share or shares unless the same shall 
 be declared to be forfeited at some Special 
 Meeting of the Shareholders, assembled at 
 any time after such forfeiture shall have 
 been incurred; and every such forfeiture 
 shall be an indemnification to and for every 
 proprietor so forfeiting against all action or 
 actions, suits or prosecutions whatever to be 
 commenced or prosecuted for any breach of 
 contract or otlier agreement between such 
 proprietor and the other proprietors with re- 
 gard to carrying on the said Gas Works. ' 
 ^11. And be it enacted, That the sMt^ 
 in the stock of the said Company shall bo 
 
 Forfeiture of 
 shares for 
 nonpayment 
 of instalments 
 
 1^' ro»'^ 
 
 .i» t-j*,' •! 
 
 Traiirf<fdf 
 
 forfeited 
 
 shares. 
 
 Proviso: for- 
 feiture to be 
 declared at a 
 General or 
 Special meet- 
 ing. 
 
 ^'-"•VJ 
 
 Shares how 
 transferable 
 
16 
 
 ■i 
 
 <■''(-«»' fi-H'*' . h 
 
 ProTiio 
 
 Power to 
 break np and 
 open the 
 ground iu 
 atreetfl. 
 
 assignable and transferrable according to 
 such rules, and subject to such restrictions 
 and regulations as shall from time to time 
 ! . . > bo made and established bv the By-laws of 
 ?.Mrtfi.j J r *^® Company, and shall be considered as 
 personal property, notwithstanding the con- 
 version of the funds into real estate, and shall 
 go to the personal representatives of such 
 Shareholders : Provided also, that such 
 transfer shall not be valid unless entered 
 and registered in a book or books to be kept 
 for that purpose in the manner provided by 
 the said By-laws. 
 
 XIII. And be it enacted, That it shall and 
 may be lawful for the said Company, after 
 two days' notice in writing to the Mayor, Al- 
 dermen, and Citizens of the City of Montreal, 
 to break up, dig and trench so much and so 
 i many of the streets, squares and public places 
 of the said City of Montreal as may at any 
 ;'; time be necessary for laying down the mains 
 and pipes to conduct the Gas from the 
 Works of the said Company to the consumers 
 thereof, or for taking up, renewing, altering 
 or repairing the same, when the said Com- 
 pany shall deem it expedient, doing no un- 
 necessary damage in the premises, and taking 
 care, as far as may be, to preserve a free and 
 uninterrupted passage through the said 
 streets, squares and public places while the 
 works are in progress, and making the said 
 openings in such parts of the said streets, 
 squares and public places as the City Sur- 
 veyor, under the direction of the Council of 
 
 Precautions 
 to be observ' 
 ed. 
 
 I 
 
17 
 
 din^ to 
 trictiona 
 
 to time 
 -laws of 
 lered as 
 the con- 
 ,nd shall 
 
 of such 
 at such 
 
 entered 
 
 be kept 
 irided by 
 
 ;hall and 
 ny, after 
 lyor, Al- 
 lontreal, 
 
 and so 
 ic places 
 
 at any 
 
 e mains 
 
 rom the 
 
 nsumers 
 
 altering 
 
 Ad Com. 
 
 y no un- 
 
 d taking 
 
 free and 
 
 he said 
 
 vhile the 
 
 the said 
 
 streets, 
 )ity Sur- 
 Duncil of 
 
 the said City, shall reasonably permit an I 
 point out, also placing guards or fences with 
 lamps, and providing watchmen during the 
 night, and taking all other necessary pre- 
 cautions for the prevention of accidents to 
 passengers and others which may be occa- 
 sioned by such openings ; also finishing the 
 work and replacing the said streets, squares 
 and public places in as good condition as 
 before the commencement of the work, with- 
 out any unnecessary delay ; and in case of 
 the neglect of any of the duties herein pro- 
 vided as aforesaid, the said Company shall 
 be subject to pay a fine of one pound cur- 
 rency for every day such neglect shall con- 
 tinue, after receiving a legal or written 
 notice thereof, to be recovered by civil action 
 in Her Majesty's Court of Queen's Bench for 
 the District of Montreal, at the suit of any 
 person or persons, or of the Corporation of 
 The Mayor f Aldermen and Citizens of the Cify 
 of Montreal^ to and for the use of the said 
 Corporation, over and above such damages 
 as may be recovered against the said Com- 
 pany by any other party. 
 
 XIV. And be it enacted, That where there 
 are buildings within the said City of Mon- 
 treal, the different parts whereof shall be- 
 long to different proprietors, or shall be in 
 possession of different tenant or lessees, the 
 said Company shall have power to carry 
 pipes to any part of any buildings so situate, 
 passing over the property of one or more 
 proprietors, or in possession of one or more 
 
 Pensltj for 
 Deflect to ob- 
 serve Buch 
 precautions, 
 and bow 
 recoverable. 
 
 ■ ■ \;l 
 
 ' 'It' *'M 
 
 PoTir6ft<i 
 open and . 
 break tip tie 
 ground in 
 pansages, Slq 
 
IS 
 
 E'Pi 
 
 rl:'\l 
 
 Mode of lay- 
 ing and dis- 
 tingoiihing 
 tbe pipes of 
 the Companj 
 from those of 
 any other Gas 
 Company, 
 and the dis- 
 tance there 
 shall be be- 
 tween them* 
 
 tenants to convey the Gas to that of j,nother, 
 or in the possession of another, the pipes 
 being carried up and attached to the outside 
 of the building ; and also to break up and 
 uplift all passages which may be a common 
 servitude to neighbouring proprietors, and to 
 dig or cut trenches therein for the purpose 
 of laying down pipes, or taking up or repair- 
 ing the same ; the said Company doin^' is 
 little damage as may be, in the executi ii of 
 the powers granted by this Act, and making 
 satisfaction thereafter to the ovners or pro- 
 prietors of buildings or other property, or to 
 any other party, for all damages to be by 
 them sustained in or by the execution of all 
 or any of the said powers, subject to which 
 provisions this Act shall be sufficient to in> 
 demnify c'vj Company or their servants, or 
 those by them employed, for what they or 
 any of thom shall do in pursuance of the 
 powers granted by this Act. 
 
 XV. And be it enacted, That the main 
 pipes that shall bo laid down by the New 
 City Gas Company of Montreal shall be at 
 least three feet distant from the main pipes 
 of the Montreal Gas Light Company, and at 
 a like distance from the ijiuui w;ii;er pipe« be- 
 longing to the CorporPoi(»? *.i .J.ontreai, or 
 when such shall be impracticable, then as 
 nearly so as the circumstance of the case will 
 admit, and that ^ the said main pipes shall 
 have the initials of the Company cast upon 
 each of them ; and also, the ends of the ser- 
 vice pipes and stopcocks, which shall appear 
 
 10 
 
19 
 
 k .».•-' 
 
 purpose 
 r repair- 
 loin;: IS 
 !U^i :i of 
 making 
 1 or pro- 
 ty, or to 
 be by 
 an of al 1 
 -0 which 
 ntto in- 
 ants, or 
 they or 
 of the 
 
 e main 
 e New 
 ill be at 
 n pipes 
 ,and at 
 ipes be- 
 Teai, or 
 then as 
 ase will 
 s shall 
 st upon 
 ;he ser- 
 appear 
 
 t 
 
 
 't> ".i't\ 
 
 in the cellars of tK ^ houses or buildings to 
 be supplied with Gas, shall be legiblv and 
 permanently stamped or marked witli th« 
 initials of the said Company, to distinguish 
 them from those of the Montreal Gas Light 
 C<>mpany, under a penalty of five pounds 
 • I irency for each offence or neglect thereof, 
 which penalty shall be paid to the Montreal 
 Gas Li^ht Company, and be recovered by 
 civil action in Her Majesty's Court of Queen's 
 Bench for the District of Montreal : Providf^d Proviso-, moie 
 always, that if any difference shall arise b^- JuS"betweeii 
 tween the Montreal Gas Light Company an 1 J^q'Ji^^pJJI^ 
 the New City Gas Company, or any othei QasCompanj. 
 Company established or to be established in 
 the City of Montreal, as to the practicability f j ^ . 
 of either Company so laying its pipes that / 
 
 they shall be at the distance of at least three 
 feet from those of the other Company, then 
 such difference shall be decided by the Sur- 
 veyor of the said City, who if he shall be of 
 opinion that it is notpracticable to lay the 
 pipes at such distance as aforesaid, shall di- 
 rect the mode in which the pipes of the re- .\i i 
 spective Companies shall be laid at such 
 place, and the distance at which ^they shall 
 be apart, not exceeding the distance afore- 
 said ; l:'rovided always, that an appeal shall 
 be from any such decision of the said Sur- 
 veyor to the Mayor's Court of the said City 
 of Montreal, at any sitting of the said Court, 
 held after the day on which the decision of 
 th« said Surveyor shall be notified to the 
 parties. 
 
20 
 
 Location of 
 Oa» Works. 
 
 Company to 
 obey health 
 regulations. 
 
 Works to be 
 subject to vis- 
 itation. 
 
 Penaltr for 
 disobeaieoce. 
 
 XVI. And be it enacted, that the said 
 Company shall so construct and locate their 
 Gas Works, and all apparatus and appurte- 
 nances thereunto appertaining or therewith 
 connected, and wheresoever situated, as in 
 no wise to endanger the public health or 
 safety ; and for the purpose of better ensur- 
 ing the due execution of the provisions of 
 this section, the said Company shall, with 
 regard to the construction of such part of 
 their said Gas Works as shall lie within the 
 City of Montreal, be subject and bound by 
 the existing By-laws of the Council of the 
 said City for insuring the public health, 
 safety and convenience of the inhabitants 
 thereof; and the said Gas Works, apparatus 
 and appurtenances, or so much thereof as 
 shall be within the said City, shall moroever 
 be at all reasonable times subject to the visit 
 and inspection of the Municipal Authorities 
 thereof, or their officers, reasonable notice 
 thereof, being previously given to the said 
 Company ; and the said Company, and their 
 servants, or workmen, shall at all times obey 
 all just and reasonable orders and directions 
 they shall receive from the said Municipal 
 Authorities in that respect, under a penalty 
 of not more than five pounds, nor less than 
 one pound currency for each offence, in re- 
 fusing or neglecting to obey the same, to be 
 recovered from the said Company, at the 
 suit and for the use of the Mayor, Aldermen, 
 and Citizens of the City of Montreal, in any 
 Court of competent Civil Jurisdiction, ex- 
 
21 
 
 
 r ensur- 
 sions of 
 ill, with 
 
 part of 
 thin the 
 ound by 
 il of the 
 
 health, 
 abitants 
 )paratus 
 ereof as 
 loroever 
 the visit 
 ihorities 
 J notice 
 the said 
 nd their 
 les obey 
 rections 
 Linicipai 
 penalty 
 3SS than 
 
 d, in re- 
 
 e, to be 
 , at the 
 iermen, 
 , in any 
 on, ex- 
 
 /j 
 
 cept the Court constituted under and by 
 virtue of any Act incorporating the City of 
 Montreal. 
 
 XVII. And be it enacted, That in case ^J^^^®^^*'^;^ 
 the said Company shall open or break up to*pIrfo™**' 
 any street, square, or public place in the J®^*Jj|JjJ^^5[' 
 said City, and shall neglect to keep the pas- be done b™*^ 
 sage of the said street, square, or j)ublic veyS* 2 Iheir 
 place, as far as may be, free and uninter- coat. 
 rupted, or to place guards or fences, with 
 
 lamps, or to place watchmen, or to take every 
 necessary precaution for the prevention of 
 accidents to passengers and others, or to 
 close and replace the said street, squares or 
 public places, without unnecessary delay, as 
 hereinbefore provided, the City Surveyor, 
 under the direction of the said Council of the 
 City, after notice in writing to the said Com- 
 pany shall cause the duty so neglected to be 
 forthwith performed, and the expense thereot 
 shall be defrayed by the said Company, on its 
 being demanded by the City Surveyor, at any 
 time not less than one month after the work 
 shall have been completed in any case, from 
 the Cashier or Treasurer, or any Director of 
 the said Company, or in default of such pay 
 ment, the amount of such claim shall and cost'shalfbe 
 may be recovered from the said Company, 'e«overabie. 
 at the suit of the Mayor, Aldermen, and 
 Citizens of the City of Montreal, by civil 
 action in any Court of competent jurisdic- 
 tion. 
 
 XVIII. And be it enacted, That if anyPe°aigfi>f 
 person or persons shall layer cause to bewuhouub*'' 
 
 How Huch 
 
Mioentof ii» iai(j any pipe or main to comraanicate with 
 c.mp»y. any pipeor main belonging to tlie said Com- 
 pany, or in any way obtain or use its Gas 
 without the consent of the Directors, or their 
 officer appointed to grant such consent, he, 
 she or they shall forfeit and pay to the said 
 Company the sum of Twenty-five pounds, 
 and also a further sum of One Pound for 
 each day such pipe shall so remain, which 
 said sum, together with the costs of suit in 
 that behalf incurred, may be recovered hy 
 civil action in any Court of competent Civil 
 Jurisdiction. 
 Proaity for XIX. And be it enacted, That if any per- 
 inj'jjinif^w son or persons shall wilfully or maliciously 
 the wOTk»^&c break up, pull down, or damage, injure, put 
 out of order or destroy any main pipe, pipe, 
 or other works or apparatus, appurtenances 
 or dependencies thereof, or any matter or 
 thing already made and provided, or which 
 shall be made and provided for the purposes 
 aforesaid, or any of the materials used and 
 •provided for the same, or ordered to be erected 
 laid down, or belonging to the said Company, 
 or ^shall in any wise wilfully do any other 
 injury or damage, for the purpose of obstruct- 
 ing, hindering or embarrassing the construc- 
 tion, completion, maintaining or repairing 
 of the said works, or shall cause or procure 
 Or Increasing the Same to be done, or shall increase the 
 «uppi7 of gm supply of Gas agreed for with the said Com- 
 
 Ac, without ^^ ^'i • ° • .1 1 "J? 
 
 permisiion. pauy, by incrcasmg the number or size of 
 the holes in the Gas burners, or otherwise 
 wrongfully, negligently or wastefully burn- 
 
 I 
 
23 
 
 ny per- 
 ciously 
 ire, put 
 e, pipe, 
 jnances 
 ,tter or 
 • which 
 arposes 
 led and 
 erected 
 npany, 
 )^ other 
 )struct- 
 nstruc- 
 )airing 
 >rocure 
 ise the 
 I Corn- 
 size of 
 ■lerwise 
 burn- 
 
 ing the same, or by wrongfully or improperly 
 wasting the Gas, every such person or per- 
 sons shall be guilty of a misdemeanor, and 
 on conviction thereof, the Court before whom 
 such person shall be tried and convicted shall 
 have power and authority to condemn such 
 person to pay a penalty not exceeding ten 
 pounds currency, or be confined in the Com- 
 mon Jail of the District for a space of time 
 not exceeding three months, as to such Court 
 shall seem meet. 
 
 XX. And be it enacted. That should the Corporatiou 
 Mayor, Aldermen, and Citizens of the City MocfrS^mJy 
 of ^Montreal, decide as they are hereby "sume the 
 
 1 i. 1 i. 1 • A.I. 1-1 i? whole stock 
 
 empowered to do, upon takmg the whole of »nd propertj- 
 of the JStock of the said Company, the Share- °^ *^® ^*"° ' 
 holders therein be, and they are hereby de- ^*"^' 
 clared to be bound to surrender and transfer 
 the whole of their respective shares unto the 
 said Corporation of the City of Montreal 
 upon the terms and conditions hereinafter 
 set forth, that is to say : that the said Cor- „ ^. , 
 poration shall pay such an advance upon 
 shares as will cover the interest on the 
 instalments paid previously to the works of 
 the Company having gone into operation, 
 as well as any other loss of interest which 
 the said Shareholders may have sustained 
 by reason of the dividends not having been 
 equal to the legal interest of this Province ; 
 and that they consent and agree that the 
 charge to be made to consumers of Gas shall 
 not exceed such price as will be sufficient to 
 produce a net profit on the works of eight 
 
24 
 
 Proviso : fur- 
 ther condi- 
 
 tiOQS. 
 
 r;''i i' {■' /!'.■• 
 
 ^S' ;; !;: !'»■:? 
 ■ ■/•■. -.Ij), .■.,:■ 
 
 ' >■: ■: \ ^' • ■ 
 
 This Act not 
 to affect the 
 incorporation 
 of any other 
 Company, &c 
 
 per centum per annum: And if the said 
 Corporation shall so purchase the whole of 
 the Stock of the said Company, they may 
 in that case pay for the same out of the 
 funds at their disposal not specially appro- 
 priated, or may raise money by loan, or by 
 debentures in like manner as they are em- 
 powered to raise money which they are duly 
 empowered to borrow for any other purpose : 
 Provided always, that the said Corporation 
 to be entitled "to exercise the power hereby 
 given them of taking the whole of the said 
 Stock as aforesaid, shall take the same with- 
 in ten years after the passing of this Act ; 
 and in the event of their taking the same, 
 the said Corporation shall be and is hereby 
 bound to fulfil all engagements which the 
 said Company may have previously entered 
 into in respect of tlie carrying on the business 
 of the said Company, ez well as its engage- 
 ments with mechanics, workmen, servants 
 and others, and the said Company shall in 
 all those /respects be entirely relieved, ex- 
 onerated, and held harmless n*om all claims, 
 damages and demands of all person or per- 
 sons as aforesaid, by the Corporation of the 
 said City of Montreal ; and generally the 
 said Corporation shall have all the rights 
 and be subject to all the liabilities of the 
 said Company imposed by this Act or law- 
 fully contracted under it. 
 
 XXI. And be it enacted, That nothing in 
 this Act contained, shall extend or be con- 
 strued to extend to prevent any person or 
 
25 
 
 sy may 
 of the 
 appro- 
 , or by 
 ire em- 
 re duly 
 irpose : 
 oration 
 hereby 
 he said 
 e with- 
 is Act ; 
 I same, 
 hereby 
 ich the 
 jntered 
 usiness 
 ngage- 
 jrvants 
 hall in 
 3d, ex- 
 laims, 
 )r per- 
 of the 
 y the 
 rights 
 of the 
 |)r law- 
 
 ing in 
 
 De con- 
 
 son or 
 
 )ersons, body politic or corporate, from con- 
 jtruoting any works for the supply of Gas 
 his or to their own premises, or to prevent 
 e Legislature of this Province at any time 
 lereafter from altering, modifying, or re- 
 )ealing the powers, privileges or authorities 
 lereinbefore granted to the said Company, 
 or from incorporating any other Company 
 |for like purposes. 
 
 XXII. And be it enacted, That nothing Rigi»Js no* 
 
 • M • irnis»i.„i_ 1. 1 mentioned not 
 
 lerein contained shall aiiect, or be construed to be affected 
 to affect in any way or manner whatsoever, 
 the rights of Her Majesty, Her Heirs and 
 juccessors, or of any person or persons, or . 
 )f any body or bodies corporate or collegiate, 
 mch only excepted as are herein mentioned. 
 
 XXIII. And be it enacted, That the Gas works to be 
 Torks hereinbefore mentioned, shall be in \^ opwa^wn 
 
 . , , , n /»! .in five years. 
 
 )peration withm five years from the p hissing 
 )f this Act, and in default thereof, the privi- 
 leges and advantages granted by this Act 
 to the said Company shall cease and be of no 
 effect. 
 
 XXIV. And be it enacted, That this Act PuWioAct. 
 )e and is hereby declared to be a Public 
 
 Lct, and that the same may be construed as 
 such in Her Majesty's Courts in this Pro- 
 dnce. 
 
 XXV. And be it enacted, That this Act Duration, 
 shall be and remain in force for fifty years 
 md no longer. 
 
.>h 
 
 -<■?■'> ^ 
 
 r'.'-./ 
 
 i\i>: 
 
 ;«.: 
 
 
 
 ■Ik,. fO 
 
 . . ; «• 
 
 
 ?V:-i^'<'= 
 
 ■ ■( 
 , ■' t (-',1 
 
 
 
 
 , M J ;^',, ,.■ 
 
 ,.:'i'>- w^i 
 
r*-^: 
 
 ■/' .-,.^ 
 
 •- ;fe 
 
 
 
 I r A A.isr ^OT 
 AMEND THE FOREGOING ACT, 
 
 AND 
 
 TO EXTEND THE POWERS OP THE 
 SAID COMPANY, 
 
 a [12 Victoria, Cap. IBS, 
 
 I ,1 
 
ANNO DUODECIMO 
 VICTOBIiE REGINiE. 
 
 CAP. CLXXXIII. 
 
 An Act to amend an Act incorporating The 
 2^'ew City Gas Company of Montreal, and 
 io extend the powers of the said Company. 
 
 i^Oth May, 1849.] 
 
 WHEREAS it is expedient to amend an Preamble 
 Act of the Parliament of this Pro- 
 vince, passed in the Session held in the tenth 
 and eleventh years of Her Majesty's Reign, 
 and intituled, An Act to incorporate the New ^ct lo and ii 
 aty Gas Company of Montreal; And whereas ^*'*' ^' 
 the said New City Gas Company have peti- 
 tioned that the said Act be amended, and it 
 appears that the said Company have in ac- 
 cordance with the provisions of the said Act, 
 increased the Capital Stock to the sum of 
 fifty thousand pounds currency, and they 
 have prayed to be empowered to create a 
 still further increase in the amount of Capi- 
 tal Stock : Be it therefore enacted by the 
 
Queen's Most Excellent Majesty, by and 
 with the advice and consent of the Legisla- 
 tive Council and of the Legislative Assem- 
 bly of the Province of Canada, constituted 
 and assembled by virtue of and under the 
 authority of an Act passed in the Parliament 
 of the United Kingdom of Great Britain and 
 Ireland, intituled. An Act to re-unite the 
 Provinces of Upper and Lower-Canada, and 
 for the Government of Canada^ nnd it is 
 hereby enacted by the authority ot the same, 
 s?ociP;f 'the That the Capital Stock of the said Company, 
 Company may by a voto of the majority of the Stockholders 
 by an 'amount *o be present at any General Meeting to be 
 no* ejceeding called for that purpose, may notwithstanding 
 ' ' any thing in the said Act hereby amended 
 contained, be increased by the sum of twenty- 
 five thousand pounds currency, or such less 
 sum as may be resolved on, over and above 
 the sum of fifty thousand pounds currency, 
 to which sum the present Capital Stock of 
 the said Company amounts, making the 
 entire amount to which the said Capital 
 Stock may extend, the sum of seventy-five 
 thousand pounds currency, and the said sum 
 of twenty-five thousand pounds currency, 
 shall be divided into two thousand five 
 hundred shares of ten pounds currency each, 
 and may be raised either by the present 
 shareholders, by voluntary subscription 
 among themselves, or by the admission of 
 new members, or in both those ways, and 
 the said Stock shall be payable by such in- 
 stalments, at such times and in such propor** 
 
 .as 
 
and 
 igisla- 
 ssem- 
 ituted 
 r the 
 ment 
 nand 
 te the 
 and 
 it is 
 same, 
 pany, 
 )lders 
 to be 
 
 nding 
 nded 
 
 ^enty- 
 
 n less 
 
 above 
 
 •ency, 
 
 )ck of 
 
 ? the 
 
 ipital 
 
 ^five 
 sum 
 
 Ejncy, 
 five 
 
 3ach, 
 
 ?sent 
 
 )tion 
 
 »n of 
 and 
 
 I in- 
 
 por-» 
 
 ■>4 
 
 
 tions and manner and after such notice, and 
 with or without interest from the days on 
 which payment is required, as the Directors 
 of the said Company shall see fit to direct ; 
 such calls, nevertheless, to bo subject to the 
 restrictions and limitations contained in the 
 eleventh section of the Act hereby amended. 
 
 II. And be it enacted, That the said addi- 
 tional Capital Stock to be so raised as afore- 
 said, shall be considered as part of the 
 original Capital Stock of the said Company, 
 and shall, as well as the subscribers therefor 
 and owners thereof, bo subject to all and 
 every the same provisions, enactments and 
 penalties in all respects, as well with refer- 
 ence to the payment and enforcing the pay- 
 ment of calls, as to the forfeiture of shares on 
 non-payment of calls or otherwise, as are 
 contained in the Act hereby amended, and 
 are thereby made applicable to the original 
 Capital Stock of the said Company, and 
 each and every of the said enactments and 
 provisions shall apply to the additional 
 Capital hereby authorized to be raised, and 
 payment of the said calls shall and may be 
 enforced, and the penalties incurred in all 
 respects, in the same manner as provided in 
 the Act hereby amended, save and except in 
 so far as may be otherwise provided in this 
 Act with respect to such payments, penalties 
 and forfeitures or otherwise. 
 
 III. And be it enacted, That the whole 
 amount of additional Stock to be raised as 
 aforesaid, shall, after the payment of all 
 
 Additional 
 capital to be 
 deemed part 
 of tbeonginal 
 stock. 
 
 To what pur- 
 poses such 
 additional 
 capital shall 
 be applied. 
 
6 
 
 Non liability 
 of Share- 
 holders. 
 
 Companymay 
 borrow money 
 and pledge 
 thoir property. 
 
 necessary and incidental expenses, be ex- 
 pended in payment of any claims due by the 
 said Company for any property or works 
 now acquired or in progress, or shall be 
 applied in extending and improving the 
 works of the Company, or in erecting any 
 new works that may be necessary from time 
 to time, for furnishing a supply of Gas to the 
 City and suburbs of Montreal, agreeably to 
 the purposes and intendment of this Act and 
 the Act hereby amended. 
 
 IV. And be it enacted, That no Share- 
 holder in the said Corporation erected by the 
 Act hereby amended, and herein spoken of, 
 shall be in any manner whatsoever liable for 
 or charged with the payment of any debt or 
 demand due by the said Corporation, beyond 
 the amount of his, her or their subscribed 
 share or shares in the Capital Stock of the 
 said Corporation. 
 
 V. And be enacted, That it shall and may 
 be lawful for the Company to borrow, either 
 in this Province or out of it, and either in 
 sterling money or currency, and at such rate 
 of interest even exceeding six per cent, as the 
 Directors may from time to time agree upon, 
 on mortgage, bond, debenture, or such sums 
 of money, from time to time, as shall not 
 exceed in all the sum of twenty thousand 
 pounds currency, and if, after having bor- 
 rowed the whole or any part of such money, 
 the Company pay off the same, it shall be 
 lawful for them again to borrow the amount 
 so paid off, and so, from time to time, to 
 
reborrow, provided that the whole amount 
 borrowed do not at any one time exceed the 
 sum of twenty thousand pounds currency, 
 and for securing the repayment of the money 
 so borrowed, with interest, it shall be lawful 
 for the said Company to mortgage, secure 
 and assign real estate, works, rates, revenues 
 and rents, and the future calls on the Share- 
 holders of the Company, or to give bonds or 
 debentures in such manner as shall appear 
 most expedient, payable either in currency 
 or sterhnff money, and either within or 
 without this Province, and such bonds, 
 debentures or other securities to be granted, 
 may be made payable to bearer, or made 
 transferable by simple endorsement or other- 
 wise as the Directors see fit. I'rovided Jj^^^^*^";.^"^^ 
 always, that no such bond, debenture or be for ipss 
 other security shall be made or granted for *^'*" ^^'^^• 
 a less sum than one hundred pounds cur- 
 rency. 
 
 VI. And be it enacted, That the respec- JJ,7;JJj* J''* 
 tive obligees, in such bonds or debentures, money to th« 
 whereby the rents, revenues or future calls. ^jj^^'^iJe"^ 
 or payments due to the said Company, shall secured, &c. 
 be secured, shall proportionally, according 
 to the amount of moneys secured, thereby 
 be entitled to be paid out of the rents, 
 revenues or future calls of the Company, tht' 
 respective sums in such bonds or debentures 
 mentioned, and thereby intended to bj 
 secured, without any preference one above 
 another, by reason of priority of date of any 
 such bond or debenture, or of the meeting 
 
8 
 
 notes, mort 
 
 gllgPS, &c 
 
 at which the same was authorized or other- 
 wise howsoever ; and no such bonds or 
 debentures, although they should comprise 
 future calls on Shareholders, shall preclude 
 the Company from receiving and applying 
 such future calls to the purposes of the Com- 
 pany, so long as the money due on all such 
 bonds or debentures does not exceed the 
 amount of all the calls still remaining un- 
 paid. 
 Directors may VII. And be enactcd, That uotwithstaud- 
 pTeSn'tJ&c ing any thing in the Act hereby amended 
 to yjfojj^s, contained, it shall and may be lawful for the 
 Directors of the said Company, from time to 
 time, and as often, and when they shall see 
 fit, without the formality of passing a By-law 
 to that eflfect, specially by a resolution to 
 that effect to be entered ujjon the books of 
 the said Company, to authorize the President 
 and Vice-President, or any two or more of 
 the Directors of the said Company, to sign 
 such particular bonds, mortgages, contracts 
 or instruments as it may in the opinion of 
 the Directors be necessary or expedient so to 
 sign, and to affix the Common Seal of the 
 said Company thereto ; and it shall also be 
 lawful in like manner, for the President and 
 Vice-President or any two or more Directors, 
 to be from time to time authorized as afore- 
 said, to draw, sign or accept such particular 
 promissory notes, or bills of exchange, for 
 the purposes of the said Company without 
 seal, as it may, in the opinion of the Directors, 
 be necessary or Qxpedient so to sign, and £^U 
 
d 
 
 such bonds, contracts, mortgages and instru- 
 ments so signed and sealed by the persons 
 authorized as aforesaid, and all such notes 
 and bills so signed, drawn or accepted by 
 the persons authorized as aforesaid, shall be 
 valid and binding on the said Company, 
 and be held to be the act and deed of the 
 said Company : Provided that no bond, bill 
 or other instrument, signed or signed and 
 sealed by any such Officer or Officers of 
 the said Company, shall be of any force 
 or effect or binding upon the said Company, 
 unless the same shall have been so signed or 
 signed and sealed under the authority of 
 the Directors b}^ a resolution as aforesaid, 
 nor in any action, suit or proceeding, to 
 which the said Company shall be a party, 
 shall the election of the President, Vice- 
 President or Directors of the said Company, 
 be liable to be questioned by any party 
 except the said Company, nor shall it be ne- 
 cessary for the Company in any suit, to 
 prove the election or appointment or autho- 
 rity of any President or Vice-President or 
 any Director, but the same shall be pre- 
 sumed, unless disputed by the said Com- 
 pany : And provided also, that in any 
 action, suit or proceeding on any such bond, 
 bill, note, contract or other instrument so 
 signed or signed and sealed as aforesaid, or 
 in which the said Company may be engaged, 
 copies of the Minutes of Proceedings and 
 Resolves of the Proprietors of Shares of the 
 Capital Stock of the said Company at any 
 
 Proviso : 
 no other 
 bonds &c. 
 to be valid : 
 authority of 
 persons sifrn- 
 ing to be ques- 
 tioned only by 
 the Company. 
 
 !v1 
 
 n 
 
 Copies of cet- 
 tain papers at" 
 tested on oath 
 to be 
 evidence. 
 
10 
 
 General or Special Meeting, or of the Di- 
 rectors at their Meetings, extracted from the 
 Minute Book or Books kept by the vSecre- 
 tary of the Company, and by him duly 
 certified on oath before a Judge of one of 
 Her Majesty's Courts of Law in Lower- 
 Canada, or before a Commissioner duly au- 
 thorized to lake affidavits to be used in the 
 Court in which such action, suit or proceed- 
 ing is brought to be true Copies extracted 
 irom such Minute Book or Books, and bear- 
 ing the Seal of the said Company, shall be 
 held as conclusive evidence of the facts 
 therein stated, as well as of the election 
 of any l^residcnt, Vice-President or Director 
 therein named. 
 Validity of VilL And be it enacted, That all acts 
 fff»n.r°*h^^® done by any meeting of the Directors, or by 
 any person acting as a Director shall, not- 
 withstanding it shall afterwards be dis- 
 covered that there was some defect or error 
 in the appointment or qualification of any 
 person attending such Meeting as a Director 
 or acting as aforesaid, be as valid as if such 
 person had been duly appointed and was 
 qualified to be a Director. 
 
 JX. And in amendment of the fourth 
 Section of the said Act. lie it enacted, That 
 only four out of the thirteen Directors shall 
 retire each year, and the order of retirement 
 of the thirteen now in the office shall be de- 
 cided by lot bofore the next Annual Meeting, 
 and thereafter they shall retire by rotation, 
 and the Annual Election shall take place 
 
 affected by 
 certain 
 defects, &c 
 
 What number 
 of Directors 
 shall retire 
 annually. 
 
11 
 
 only for four Directors instead of thirteen 
 as provided by the said Act ; Provided 
 always, that all Directors retiring at any 
 time shall be eligible for re-election. 
 
 X. And be it enacted, That notNvithstand- 
 ing any thing in the said Act hereby amended 
 contained, it shall not be lawful for anv 
 Stockholder at any Meeting to vote on any 
 Stock which shall not have been held in his 
 own name, or the name of a firm in which 
 he may be a partner, or by the party for 
 whom any person shall vote by proxy, for 
 at least six months previous to the time at 
 which such vote may be sought to be given ; 
 nor shall it be lawful for any Stockholder 
 who is or shall become indebted to the Com- 
 pany for Gas, rent, fixtures or otherwise, to 
 transfer any shares of Stock held by him 
 until payment be made to the Company of 
 all sums of money due by such Stockholder. 
 
 XI. And be it enacted. That the Company 
 shall not make any dividend whereby their 
 Capital Stock wili be in any degree reduced, 
 nor shall any dividend be paid in respect of 
 any Share until all calls then due in respect 
 of that or any other Share held by the per- 
 son to whom such dividend may be payable 
 shall have been paid ; and it shall be lawful 
 for the Company to deduct from the amount 
 of dividend payable to any person who may 
 not have paid the instalments on the day the 
 same were respectively called for, on any 
 Shares at any time owned by him, such sum 
 as would be equal to interest on the unpaid 
 
 Proviso. 
 
 Stockholders 
 not to vote on 
 stock held less 
 than 6 months 
 
 As to Stock- 
 holders 
 indebted to 
 the Company. 
 
 Dividends not 
 to affect the 
 Capital Stock. 
 
12 
 
 cases. 
 
 call or calls from the time ai which the same 
 ought to have been paid, until the time when 
 the same was or were actually paid, or to the 
 period of payment of the first dividend from 
 which such interest may be deducted and 
 reserved by the Company. 
 Directors ma^ XII. And be it enacted, That notwith- 
 tare*ofsh«es standing anything in the said Act hereby 
 in certain amended contained, it shall and may be 
 lawful for the Directors of the said Com- 
 pany to declare all shares of Stock on which 
 any instalments and penalties may be or re- 
 main unpaid during the period mentioned 
 in the eleventh Section of the Act hereby 
 amended, forfeited to the said Company; and 
 it shall not be necessary to have such shares 
 declared forfeited at any special meeting of 
 the Shareholders of the said Company, it 
 being hereby provided and declared that a 
 resolution of the Directors shall cause the 
 said shares to be as absolutely forfeited as if 
 a resolution of the Shareholders were passed 
 in the manner required by the said Act, and 
 shares may be ^^^^ shares shall or may be sold as provided 
 sold. by the said Act, but the proceeds of such 
 
 sales shall not be paid over except after de- 
 duction as well as of the costs and forfeitures 
 mentioned in the said Act, as of all calls due 
 in respect of such shares and interest there- 
 on from the times at which such calls were 
 respectively made payable, which calls and 
 interest the said Company is hereby autho- 
 rized first to deduct and retain, and all other 
 provisions with respect to the effect of such 
 
 And such 
 
la 
 
 forfeitures shall remain in as full force, 
 virtue and effect, as if this Act had not been 
 passed. 
 
 XIII. And be it enacted, That it shall be 
 lawful for the Manager, Secretary or Clerk 
 of the said Company, in all proceedings 
 against the estate of any debtor, bankrupt 
 or insolvent against whom the said Com- 
 pany may have claims, to represent the said 
 Company, to appear, act, prove, and vote in 
 their behalf in all respects, as if such claim 
 or demand were the demand of such Mana- 
 ger, Secretary or Clerk of the said Com- 
 pany. 
 
 XIV. And be it enacted, that neither the 
 service nor connecting pipes of the said 
 Company, nor any meters, lustres, lamps, 
 pipes, gas-fittings, or other property of any 
 description whatsoever of the said Company, 
 shall be subject or liable for rent nor liable 
 to be seized or attached in any way by the 
 possessor or owner of the premises herein 
 the same may be, nor be in any wa}' what- 
 soever liable to any person for the debts 
 of any person or persons to and for whose 
 use or the use of whose house or building 
 the same may be supplied by the Com- 
 pany, notwithstanding the actual or ap- 
 parent possession thereof by such person 
 or persons ; any law, usages or custom to the 
 contrary notwithstanding. 
 
 XV. And be it enacted. That the said 
 Company shall have power and authority, 
 and it shall be lawful tor the said Company, 
 
 Mauager,&c., 
 to represent 
 the Conipanj 
 in certain prO' 
 ceedings. 
 
 Pipes and fit- 
 tings of the 
 Company not 
 liable to 
 seizure in cer- 
 tain cases. 
 
 Company to 
 have power to 
 sell gas 
 meters, sur- 
 plus materi- 
 als, &c. 
 
14 
 
 to sell and dispose of gas-meters, gas-pipes, 
 and gas-fittings of over^ description, for the 
 use of private or public houses, or for any 
 establishment, company, or corporation 
 whatever, as well as coke, coal, and all and 
 every the product and products of their 
 work, refuse or residuum arising, or to be 
 obtained from the materials used in or 
 necessary for the manufacture of Gas, as 
 well as to sell and dispose of any surplus 
 lands or buildings belonging to the Com- 
 pany but not needed by the Company for 
 the extension of the >vorks, in such manner 
 as the said Company may think proper, 
 and that the said Company shall also have 
 power and authority to let out at hire gas- 
 meters and gas-fittings of every kind and 
 description, as such rates and rents as may 
 be agreed upon between the consumer or 
 tenant and the said Company. 
 Penalty for XVI. And be it enacted, That if any per- 
 ti*m"cterr&c! ^^^ shall wilfully damage, or cause or know- 
 ingly sufifer to be damaged any meter, lamp, 
 lustre, service pipes, or fittings belonging to 
 the said Company, or shall wilfully alter or 
 impair, or knowingly sufter the same to be 
 altered or impaired, so that the meter or 
 meters shall indicate less Gas than actually 
 passes through the same, every such person 
 or persons shall incur a penalty to the use of 
 the said Company, for every such oifence, of 
 a sum not less than one pound, nor exceeding 
 five pounds, and shall also pay and defray 
 all charges necessary for the repairing or 
 
15 
 
 replacing the said meter, pipes or fittings, 
 and double the value of the surplus Gas so 
 consumed ; such penalties, damage and 
 charges, to be recovered with costs in the 
 manner hereinafter provided. 
 
 XVII. And be it enacted. That if any 
 person shall wilfur.y extinguish any of the 
 public lamps or lights, he shall forfeit and 
 pay to the use of the said Company, for 
 every such offence, a penalty not less than 
 one pound or more than five pounds, and 
 shall also be liable to make good all dam- 
 ages, and charges to be recovered with 
 costs in the manner hereinafter provided. 
 
 XVIII. And be it enacted, That if any 
 person shall carelessly or accidentally break 
 down, or damage any meter, pipe, pedestal 
 or lamp, supplied by or belonging to the 
 Company or any persons, or keep the light 
 or lights burning for a longer time than he 
 shall contract to pay for, and shall not on 
 demand make satisfaction to the Company, 
 or to such person for the damage done, or 
 for the excess of Gas obtained, and used, 
 such damage, loss or value may be recovered 
 by the Company, with costs, in the manner 
 hereinafter provided. 
 
 XIX. And be it enacted, That if any per- 
 son or persons, whether principal or work- 
 men or party employing such, shall join or 
 connect any pipe to the main or service pipes 
 of the said Company, or shall in any way 
 lay, join or connect any pipe for the supply 
 of any new light or burner, to any pipe, 
 
 Penalty for 
 extinguishing 
 lamps, &c 
 
 As to careless 
 or accidental 
 breakage or 
 damage. 
 
 Penalty for 
 connecting 
 pipes with the 
 Company's 
 main without 
 permission. 
 
16 
 
 ProTisions for 
 the recovery 
 of moneys due 
 to the Com- 
 pany for gas 
 reut, 
 
 Company 
 may cut off 
 gas. 
 
 Power to en« 
 ter premises, 
 
 whatsoever, containing Gas, without having 
 first received the consent of the Company or 
 their Agent in writing, then such person or 
 persons or party employing such, shall for 
 every oifence forfeit and pay to the said 
 Company the sum of twenty-five pounds 
 currency, and also a further sum of one 
 pound for each day such pipe shall so re- 
 main, or be imprisoned for the term of one 
 calendar month in the Common Gaol. 
 
 XX. And be it enacted, That if any per* 
 son or persons, Company or Companies, or 
 Body Corporate supplied with Gas by the 
 Company, shall neglect to pay any rate, 
 rent or charge due to the said New City Gaa 
 Company, at any of the times fixed for the 
 payment thereof, it shall be lawful for the 
 Company, or any person acting under their 
 authority, on giving twenty-four hours pre^ 
 vious notice, to stop the Gas from entering 
 the premises, service pipes or lamps of any 
 such person. Company or Body, by cutting 
 oflf the service pipe or pipes, or *^by such 
 other means as the said Company shall see 
 fit, and to recover the said rent or charge 
 due up to such time, together with the 
 expenses of cutting off the Gas, in any com- 
 petent Court, notwithstanding any contract 
 to furnish for a longer time, and in all cases 
 where it shall be lawful for tho said Compa- 
 ny to cK'i> off and take away the supply 
 of Gas from any house, building or premises* 
 under the provisions of this Act, it shall be 
 lawful for the Company, their agents and 
 
17 
 
 workmen, upon giving twenty-four hours 
 previous notice to the occupier or person in 
 charge, to enter into any such house, build- 
 ing or premises, between the hours of nine 
 o'clock in the forenoon and four in the 
 afternoon, making as little disturbance and 
 inconvenience as possible, and to remove, 
 take and carry away, any pipe, meter, cock, 
 branch lamp, fittings or apparatus, the pro- 
 perty of and belonging to the said Company ; 
 and it shall also be lawful for any servant of 
 the said Company, duly authorized to enter 
 any house into which Uas may have been or 
 be taken, between the hours aforesaid, for 
 the purpose of repairing and making good, 
 any such house, building or premises, or for 
 the purpose of examining any meter, pipe or 
 apparatus belonging to the said Company or 
 used for supplying their Gas : and if any 
 person or persons refuse to permit or do not 
 permit the servants and officers of the said 
 Company to enter and perform the acts 
 aforesaid, every such person so refusing or 
 obstructing shaP incur a penalty to the said 
 Company, for every such offence, of ten 
 pounds currency, and a further penalty of 
 one pound for every day during which such 
 neglect, refusal or obstruction shall continue, 
 to be recovered with costs as hereinafter 
 provided. 
 
 XXI. And be it. enacted, That all fines, 
 
 'penalties, and forfeitures imposed by this 
 
 Act or by the Act hereby amended, may, 
 
 aotwithstanding any special provisioB with 
 
 Penalty lor 
 obstructing 
 the Company 
 in the exercise 
 of the said 
 right. 
 
 Recovery of 
 penalties 
 posed by this 
 Act. 
 
 im>- 
 
18 
 
 witnesses. 
 
 respect to any such fines, penalties or for 
 feitures, in the Act hereby amended, be sued 
 for and recovered with costs by the said 
 Company to and for their own use, or by any 
 person whose property may be injured, to 
 and for the use of such person or persons, 
 either in the manner directed in tne said 
 Act, or before any one or more Justices of 
 the Peace for the District of Montreal, on 
 the oath of any one credible witness, although 
 
 Who may be such witncss be a servant in the employ 
 " q£ ^Jjq gjj^j^ Company, and in all actions 
 
 authorized by this Act, or by the Act hereby 
 amended, to be instituted or contemplated 
 therein, the evidence of one credible witness 
 shall be received as sufficient, notwithstand- 
 ing such witness may be in the employ of 
 the said Company, and all such actions 
 shall be brought in Courts having jurisdic- 
 tion over the amount involved in such suit, 
 unless otherwise specially provided and au- 
 thorized by this or the said Act, and where 
 damage as well as a penalty may be given, 
 such damage and penalty may be sued for 
 separately; and such fines, penalties and 
 damage may be levied by distress from the 
 goods of the defendant, and in case the 
 defendant may have no goods to satisfy the 
 same, then he shall be committed to the 
 Common Gaol for such period, not exceed- 
 ing two months, as the Justice or Court may 
 direct. 
 
 Interpretation XXII. And be it ouactcd, That the word 
 *' Lands" in this Act and the said amended 
 
 fines, Sec, 
 how levied. 
 
 clause. 
 
19 
 
 Act, shallinclude all lands, tenements, and 
 hereditaments, and real and immoveable 
 property whatsoever ; and the word ** Com- 
 pany" in the said Acts shall mean the Cor- 
 poration erected in the said Act hereby 
 amended, and in this Act spoken of, unless 
 otherwise expressly indicated bj the context, 
 and all words importing the singular num- 
 ber or the masculine gender only, shall 
 extend to more than one person, party or 
 thing, and to females as well as males, and 
 the words " Shareholder" or ** Stockholders," 
 shall include the heirs, executors, adminis- 
 trators, curators, legatees or assigns of such 
 SharehoMers, or any other party having 
 the legal possession of any share, whether in 
 his own name or that of any other, unless 
 the context shall be inconsistent with such 
 construction; and wherever power is by 
 this Act given to do any thing, power shall 
 be intended also to do all things which may 
 be necessary to the doing of such things, 
 and all acts which the Directors or Stock- 
 holders are authorized to perform and do, 
 shall or may be validly performed and 
 done by a majority of the Directors or a 
 majority of the quorum of the Directors or 
 of the Stockholders respectively, as the case 
 may be, unless where otherwise expressly 
 provided; and generally all words and 
 clauses herein shall receive such liberal and 
 fair construction as will best insure the car- 
 rying into eflfect of this Act, according to its 
 true intent and spirit* 
 
20 
 
 Public Act. XXIII. And be it enacted, That this Act 
 
 shall be deemed a Fublic Act, and as such 
 
 , judicially noticed by all Judges, Justices 
 
 and others whom^it may concern, without 
 
 being specially pleaded. 
 
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TO EI^ABLE THE 
 
 NEW CITY GAS COMPANY OF MONTREAL 
 
 TO 
 
 INCREASE THEIR CAPITAL STOCK. 
 
 [23 Victoriee, Cap. 25. 
 
ANNO VIOESIMO-TERTIO. 
 VICTORIiE BEGIN iE. 
 
 CAP. C X X V. 
 
 An ':'i to enable the Nev) City Gas Com]^any 
 ij Montreal to increase their Caj^ital Stock. 
 
 lAssented to I9th May, I860.] 
 
 WHEREAS the New City Gas Company preamble 
 of Montreal have, by their Petition 
 to the Legislature, represented, that, under 
 the provisions of the Act passed in the 
 twelfth year of Her Majesty's Reign, and 
 chaptered one hundred and eighty-three, 
 they have increased their Capital Stock to 
 the sum of three hundred thousand dollars, 
 being the full amount to which they were 
 authorized by the said Act to increase the 
 same, but that a further extension of their 
 works and increase of their capital is neces- 
 ary, in order to enable them to meet the 
 wants of the Public, and have prayed to be 
 authorized further to increase their Capital 
 Stock as hereinafter provided ; and it is ex- 
 
pedient to grant the prayer of ^heir Petition ; 
 Ther bre, Her Majesty, by and with the ad- 
 vice and consent of the Legishitive Council 
 and Assembly of Canada, enacts as follows : 
 Company 1 . Notwithstanding any thing in the Act 
 
 "hefr'capUaT abovo mentioned, or in the Act incorporating 
 to SHoiMipu in the said Company, the Capital Stock of the 
 
 shares of f 40 . , >^ 1 J » f 
 
 each. said Company may, by a vote of not less 
 
 than two-thirds in amount of the Stock- 
 holders, to be present at a general meeting, 
 to be called for that purpose, be increased 
 by the sum of three hundred thousand 
 dollars, or such less sum as may be resolved 
 on, over and above the sum of three hundred 
 thousand dollars, to which sum the present 
 Capital Stock of the said Company amounts, 
 making the entire amount, to which the said 
 Capital Stock may extend, the sum of six 
 hundred thousand dollars ; and the said sum 
 of three hundred thousand dollars shall be 
 divided into seven thousand five hundred 
 shares of forty dollars each, and may be 
 raised either by the present Shareholders, 
 by voluntary subscription among themselves 
 or by the admission of new members, or in 
 lustaimen's ^^^^^ thoso ways ; and the said Stock shall 
 and calls, be payable by such instalment , at such 
 times and in such manner and after such 
 notice, and with or without interest from the 
 days on which payment is required, as the 
 Directors of the said Company may see fit 
 to direct; such calls, nevertheless, being 
 subject to the restrictions and limitations 
 contained in the eleventh section of the Act 
 
incorporating the said Company, as amended 
 by the Act first above cited. 
 
 II. The additional Capital Stock, to be so Addiiionai 
 
 1 » 'iiiii 'I 1 capital to be 
 
 raised as aioresaid, shall be considered as consideied 
 part of the original Capital Stock of the PJ^^afstock, 
 said Company, and shall, as well as the sub- and provisions 
 scribers therefor and the owners thereof, be ?9,^and^i2 vi 
 subject to all and every the same provisions, a- iss to ap- 
 enactments and penalties in all respects, as ^^^' 
 well with reference to the payment and en- 
 forcing the payment of calls as to the for- 
 feiture of shares on non-payment of calls 
 or otherwise, as are contained in the said Act 
 incorporating the said Company, as amended 
 by the Act first above cited ; and each aad 
 every the? said enactments and provisions 
 shall apply to the additional capital hereby 
 authorized to be raised, and payment of the 
 said calls, and the penalties incurred for 
 non-payment, shall and may be enforced in 
 all respects in the same manner as provided 
 by the said Acts. 
 
 III. The whole amount of the additional Application of 
 Capital Stock to be raised as aforesaid shall, "^^ ^^^^ ^ ' 
 after the payment of all necessary and in- 
 cidental expenses, be expended in payment 
 
 of any claims due by the said Company for 
 any property or works now acquired or in 
 progress, or shall be applied in extending 
 and improving the works of the Company, 
 or in erecting any new works that may be 
 necessary, from time to time, for furnishing 
 a supply of Gas to the City and Suburbs of 
 
6 
 
 Montreal, agreeably to the purposes of the 
 Acts aforesaid. 
 Public Act. IV. This Act shall be deemed a Public 
 
 Act. 
 
SiiiiifiiilMlii 
 
 The Shareholders to vote at a-.y Annual or Special 
 Meeting, in accordance with the following 
 
 1 1 
 
 4 a 
 
 6 3 
 
 8 * 
 
 xo * 
 
 u ^ 
 
 J8 ^ 
 
 ss ® 
 
 S6 9 
 
 30 10 
 
 36 11 
 
 42 , 1^ 
 
 48.. 13 
 
 M 1* 
 
 60.. 15 
 
 68 ^^ 
 
 76 1^ 
 
 84 18 
 
 92 1«^ 
 
 100 20 
 
 See Section IX of the Act to Incorporate the New 
 City Gas Company of Montreal.