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' TtfB ACTOF'PAELtAm&IfT, ^^ 
 
 V 
 
 INCOBPOBATIIfQ CEBTAIN FEK80NS THERBI|f ttERTIOlVBO^ 
 
 CNDHtr ^iJS'j^k^AVm ij^LK OF 
 
 THE NIABARA AND DETROIT HVERS RAIL RMD COMPANY. 
 
 ?xf- 
 
 \i 
 
 Vmmti a» Cmamm Room of AatOMy, Uih March, 1839. 
 
 1'' 
 
 ■■^' 
 
 SANDWICH, U.C.: 
 Printed bj James H. Cowan, Canadian Emifrant 
 
 14th day of.May, ^p 
 
AN ACT 
 
 T9 intorporate certain per$ont therein mentioned, under the nume and $tyh of 
 the Niagara ami Detroit Eivera Rail Road Company. 
 
 WHi-niEAS, John Baptixto Buby, Frttncis Baby, John Prince, Charles 
 Eliot, Alexaiulrr Chewett, Guorgu Juspurson, Johii Gouie Watson, James 
 Duugail, Jolin U. Laiii;hton, Joseph Woods, John 6«;ntle, Adam Gentle, William 
 Elliott, CImrles Baliy, Thomas Faxton, Wm. R. Woods, William Gasp6 Hall, 
 Benjamin Paikrr Calioon, HiMijamin Doughty Townsend, Edward Ertnatineei, 
 Bcia Shan-, Jaiiirs (Jivcns, John liostwick, George «f. Goodiiue, John Redsia 
 Woodward and Kichurd Dowdio Drake, have by petition prayed to be incor- 
 porated as n Joint Stork Company, for the purpose of constructing a double or 
 single iron or wooden rail road or way, commencing at the Niagaia River in 
 the Township of Bi-rlic, in the District of Niagara, and extending to the River 
 Detroit, in the Towns!ii[)ol Sandwich, in the Western District ; >And whereae, 
 it is expedient to incorporate the said petitioners for the purposes hereinbefore 
 mentioned : Be it therefore enacted, by the King's Most Excellent Majesty, by 
 and with the advice and consent of tiio 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, en- 
 titled, An Act to repeal certain parts of an Act passed in the fourteenth year 
 of Ilia Majesty's rei^n, entitled, An Act for making more effectual provision 
 for tho govcrnmeni of the Province of Quebec in North America, and to make 
 further prwvision for the government of the said Province," and by the authori- 
 ty of the same. That tho said John Baptlste Baby, Francis Baby, John 
 Prince, Charles Eliot, Alexander Chewett, George Jasperson, John Gouie 
 Watson, James Doiigall, John B. Laughton, Joseph Woods, John Gentle, 
 Adam Gentle, William Elliot, Chuiles Baby, Thomas Paxton, William R. 
 Wood, William Gaspo Hall, Benjamin Parker Calioon, Benjamin Doughty 
 Townsend, Edward Ermatinger, Bela Shaw, James Givens, John Bostwick, 
 George J. Goodhue, John Redsin Woodward, and Richard Dowdle Drake, 
 shall be and they are hereby appointed (Commissioners under the direction of 
 a majority of whom subscriptiom may be received to the capital stock of the 
 Niagara and Dctrot, Rivers Rail Road Company, hereby incorporated, and 
 they may cause books to be opened at such timed and places as they shall di- 
 rect, for the purpose qf receiving subscriptions to^he capital stock of the said 
 company, first giving reaeonable notice of the time and places of taking said 
 subscriptions. 
 
 2. Jind be it further enacted, by the authority aforesaid, that the Capital 
 stock of the said Nia<i;ara and Detroit Rivers Rail Road Company shall bo 
 Five htindered thousand pounds in shares of six pounds five shilhngs each, and 
 that as soon asfonr thousand shares of jsaid stock shall be subscribed, the sub- 
 scribers of said stock with such other persons as shall associate with them for 
 that purpose, their siiccessuis und assigns, shall be and they ore hereby cieated 
 a body corporate and politic, bv the name and style of the NIAGARA AND 
 DETROIT RIVERS RAIL ROAD COMPANY, with perpetual succession, 
 and by that name s\<.a]\ be capable in law of purchasing, holding, leasing, sel- 
 ling and conveying estates, either real personal or mixed, so far as the same 
 may be necessary fur tho purposes hereinafter mentioned and no further; and 
 in thuir corporate names may sue and bo sued and may have a common seal, 
 which they may alter and renew nt pleasure, and shall have 4ind enjoy and may 
 exercise all powers, rights and priviliges which appertain to corporate bodies 
 for the purposes mentioned in this act. Provided always, that nothing herein 
 contained shall extend to authorise the said Company to carry on the business 
 of banking. 
 
 3. ^nd be H further enacted hy the avthority aforesaid. That the said Ni- 
 
 •* ■ 
 
•gara »nd Detroit Rivers Rail Road Company itiall iiavo full power and auilio- 
 rity to explore the Country lying between the river Niagnra in llio townsiliip of 
 Bertie, in the Niagurn District, and the river Detroit in the Ion nniiip of 8and- 
 wich, in the Western District, and to designate and cstubliNli, and lur the aaid 
 Company to take, appropriate, have and hold, touiid tor tliu use of them and 
 their successors, the line and. boundaries of u duuMu ami single rail roud, with 
 their necessary rail ways, to connect the rivui Nin'^nri* in iIim Townsiii|( of Ber« 
 tie, in the Niagara District, and the river DuMoii in township of Sandwich, in 
 the Western District ; and fur the purposes atorr.'iiiiil (iin suid Company and 
 their agents, servants and workmen are hereby aiiiliuristtd und i:nipow<'red to 
 enter into and upon the lands and grounds uf or bt;lun:;ing to iIk; Kiof^s Majesty, 
 Iliii Heirs or successorH, or to any other pcrsotnw iiviiaons, lioilics [lulitic or cor- 
 porate ; audio surv':y and lake levels ui' tt«? samo or any part lln'icol'; iind to 
 set out and ascertain such purls thereof as tiioy sliall think iiecL'siary and pro- 
 per for making the said double or single rail ruud, and nil suclt niatlirs and con 
 veaicnces as they may think proper and necessary for makiitf;, eflecting, pre- 
 serving, improving, completing and using on the said intended rail road ; and 
 to fell and cut down all timber or trees standing or lieing witliin one luindred and 
 fifty feet on each side of said line of rail road ; and also to make, build, erect, 
 and set up in and upon the route of the said rail roud or upon liiu land aiijoia- 
 ing or near the same, all such works, ways, roads and conveniences as the said 
 company shall think requisite and convenient for the purposes of the said rail 
 road ; and also from time to time to alter, repair, amend, widen or enlarge the 
 same or any of the conveniences above mentioned, as well fur the currying or 
 conveying goods, commodities, timber or other things to and upon the said lail 
 roa'd, as for carrying or ronveying alt manner of materials necessary fur making, 
 erecting, furnishing, altering, repairing^ amending, widening, or enlarging tho 
 works of or belonging to the said rail road ; and also to place, kiy, work, and 
 manufacture the said materials on the ground near to tlje place or places where 
 the said works or any of them are or shall be intended to bo made, erec- 
 ted, repaired or done; and to build and construct the several works and erecti- 
 ons belong thereto ; and also to make, repi.ir, maintain, and alter any fences or 
 passages under or through the said rail road, or which sliall connnunicato there- 
 with; and to construct, erect and keep in repair any piers, urclien, or other 
 works in and upon ao-J across any rivers or brooks, fur niakin.'; using c ■ main- 
 taining and repairing the said rail road and side paths ; and also to construct 
 make and do all other matters and things which they shall think necessary and 
 convenient for making, efliscting and preserving, improving completing and us- 
 ing the said rail road, in pursuance and within the true intent and meaning of 
 this Act, they the said company doing as little damage as possiblo in the execu- 
 tion of the several powers to them hereby granted, and making satisfaction in 
 manner hereinafter mentioned for all damages to bi) sustained by the ov/ner^t or 
 occupiers of said lands, tenements and hereditaments. 
 
 4. Andbe itfitrthi • enacted by the authority aforesaid, That the President 
 and Di'ectors of said Company, to be appointed as hereinafter mentioned, are 
 hereby authorised and empowered to contract, compound, compromise and a- 
 gree with the owners or occupiers of any lands upon which they may determina 
 to construct the said rail road, either by purchase of so much of the said Com- 
 pany, or for the damage which he or she or they shall and' may be entitled to 
 receive of the said Company, in consequrnce of the said intended rail load be- 
 ing made and constructed in and upon Jiis her or their rtspcct've lands, and if 
 the parties cannot agree, or if the owner or owners or any ot them be a femme 
 covert, underage, non comdos mentis, or out of the district m wliiclithe land 
 cr property wanted may lie, application may be made to any Justice of the 
 Peace of such district who shall thereupon issue his warrant under his hand and 
 seal, directed to the Sheriff of said district; or if the SherifTbe interested, to one of 
 of the Coroners ofsaid district requiring hini iokummonsa Jury of twelve Free- 
 holders in the District, not in any way interested in the matter or related to tha 
 parties, to meet on or nearthe land or property or materials to b« valued in a 
 
i*y aanad in the Mid wanant, not lets than fiva nor mora than ten days after the 
 iMuing of the ssroe,and if at the said lime and place any nf the persons sum- 
 nioncd do not nttond,lhe said Sheriff or Coronvr sliall ImmotliHtfiy surnmon as 
 many as may be necnssary with the persons in attendaiirc as Jurors, to furnish a 
 pannci of twelvrJurors, and from whom nach party, or his her or th«ir Agent or 
 Ailnrney, or ifeilher be not pn-M-nt in person or by Agent, the Sheriflor Coroner 
 for him, her, them may strilto oll'thiee Jurors, and iIm reniainin); mix sliall sit or as 
 n Jury of inquest of damages ; and before they act as surh the Slierifl' or Coroner 
 shall odininisl«r to each cf tli«m an oath or afHrnintion that they will justly and 
 impiirtiolly vnhie the Humages which the owner or owners will Musiain by the use 
 or ore iipaiion of the land, or the taking of the materials or other propt^rty re» 
 quired by the oaid Company ; and the said Jury shall reduce their inquisition to 
 writing and shall sign and seal the same ; and two originals of such inquisition 
 ahall be made und executed on the same day, one of which shall be delivered to 
 the said Company, and the other to the person claiming compensatir .i; and the 
 property taken and the boundaries of the land occupied bj the said Company, 
 shall be set forth in such inquisition ; and if upon motion made in the Court of 
 King's Bench, in the term following, the Court on hearing the parties shall find 
 just cause for setting such inquisition or award aside, then an outer may be made 
 by the said Court for that purpose, and it shall be lawful for the person claim- 
 ing compensation to proceed iii the same manner as hereinbefore directed, for 
 obtaining another valuation, and the inquisition or award that may be made 
 thereupon shall be in like manner subject to the control of the Court of King's 
 Bench, gpon hearing of the parties. Provided always, that upon the money 
 assessed as the valuation in any such inquisition being paid or legally tendered 
 to the pers:)n entitled to the same, the property so taken and valued shall im^ 
 mediately thereupon vest in the said Corporation, as fully as if the same had 
 been legally transferred by the owner thereof, for such term of time as the same 
 stay bo required for^the purposes aulhorised by this Act, and if the money when 
 tendered should not be received, it shall nevertheless be incumbent on the said 
 Corporation at any time thereafter to pay the same on demand, without costs; 
 and that the Sheriffand Coroner, rnd the Jurors to be summoned^ under this Act, 
 shall be entitled for the services rendered by them to be compensated in the same 
 manner as is provided for similar services by the 20th clause ofan Act of the Par- 
 liament of this Province, passed in the third year of His present Majesty's Reien, 
 entitled " AnAct granting to His Majesty a sum of money to be raised by de- 
 benture for the improvement of the navigation of the River St. Lawrence." 
 
 5. And be it further enacted, by the authority aforesaid. That whenever in 
 the construction of said Rail Road, it shall be necessary to cross or intersect 
 any established road, >t shall be the duty of the said President and Directors so 
 to construct the saiti Rail Road across such established road as not to impede 
 the passage of persons or property along the same ; or when it may be neces- 
 sary to construct it through the lands of any individual, it shall be their duty to 
 provide for such individual pi oper wagon ways across said Rail lioad, from 
 one part of his land to the other. 
 
 6. Afid be it further enacted, by the authority aforesaid. That if said 
 Company shall neglect to provide proper wagon ways across said Rail Road, a« 
 required by the preceding cltuse of this Act, it shall be lawful for any indivi? 
 dual to sue such Company and to recover such damages as a Jury may think 
 him, her or them entitled to, for such neglect or refusal on the part of such 
 Company, 
 
 7. And be it further enacted, by the authority aforf^aid. That it shall be 
 necessary for the said Rail Road Company, in the selection of the route or the 
 constnirtioii of the said Rail Road to be by them laid out and construrted or 
 any part ef it, to connect the same with or to cross any Rail Road, Canal, Dam 
 or Bridge made or erected by any Incorporated Company or authorised by any 
 law of this Province ; it shall be lawful for the said President and Directors, to 
 contiact with such other Corporation for the right to cross or use such other 
 Bead, Canal, Dam or Bridge, or for the transfitr of such of the corporate or 
 
ether righttand prIvilcgM of lucb Corporation to tho mM CeaponfilMrobjr !■• 
 corporaictl, as may bv necesiary in that rupoct; aud jvery auch otbor Ineor* 
 paration acting under the laws af this Province, u horabv authoriood to maka 
 sucli cuntruct or transfer, by and through the agoiicv of the peraoaa autberiMd 
 by tli»tfesi>oc ive Acts of Incorporation to exercise their corporate po«rar» or bjr 
 aiky persons «lio are by the Inw of this Province inlruatfnl with iba manafa* 
 mcni and direction of such Rail Read, Canal, Dam or Bridge, or any of tba 
 rights or privileges aforesaid ; and every contract or transfer made in puraw* 
 ancr of thn power and authority hereby granted, when executed by tho aavoral 
 parties undrr iliuir respective corporate seals, shall vest in tht> Company her*- 
 by incorporated, all such riglits and privileges, and the right to use and anjojr 
 the same as fully as they are used and enjoyed by the said CorporatioOi in 
 whom they are now vested. 
 
 8. Jind be it further enacted by the authority nforetaid, That the President 
 and Director!* sliall have power to purciiaso with the funds of the company, and 
 place on any Rail Road cnnstrurted by them under this act, all wumhint*, »ag» 
 gons, carriages or tithiclet, of any description, which they may deem necessary 
 and proper lui the purposes of tiunKportation on said Rail Road ; and that they 
 shall have power to charge for toUt and transportation, such sums aa ahall lia 
 established by the by laws of the said Company hereby inrorpomted ; and it 
 shall nut be lawful for any other company, or any other person or persona, to 
 transport any ponstngers or merchandite or property of any description what- 
 ever along said road, or any part of it, without the license or permission of the 
 President and Directors of the said Company ; and the said Rail Rnad with all 
 itsimpiovements, works and profits, and all machinery used on said Rail Read 
 for trantportatlon, are hereby vetted in the said Company incorporated by thit 
 act and their successors for ever ; and tliu shares of the capital stock of said 
 company, shall bo considered personal property, and shall bo transferable agree- 
 ably to tho by laws of said company, and subject to be taken in execution agree- 
 ably to such laws as are ur may be hereafter in foicc. 
 
 9 And be it further enacted by the authority aforesaid, Tiiat \\\i' President 
 and Directors shall annually or semi-annually make such diviricr. J as they may 
 deem proper of the net profits of the resources of the said Coutpuny, deduriing 
 the necessary expenses ; and they shall make the dividend among the stockhold- 
 ers of tho said company in proper proportion to their respective shares. 
 
 10. And be it furthtr enacted by the authority aforesaid. That if any per- 
 son or persons shall wilfully, knowingly and maliciously by any means whatev- 
 er injure impair or destroy any part of the Rail Rnad constructed by said Com- 
 pany, under this act, or any of the necessary works buildings or machinery of 
 of said Company such person or p.irauns sn ofTending shall each of them for every 
 auch oflence forfeit and pay to the said Co. a sum not exceeding three times the 
 amount of damage caused by such offence, which may be recovered in the name 
 of said company, by an action of debt in any court h.~:ving competent jurisdic- 
 tion ; and shall also be subject to an indictment, and upon conviition of such 
 offenbe shall be punished by fine and imprisoument at the discretion of the court. 
 
 11. And be it further enacted by the avthority aforesaid. That so soon aa 
 a double or single iron or wooden Rail Road shall be so far completed for ih* 
 distance of ten miles at any one place, as to be capable of being used for trana- 
 pr>riation of property or passengers, the said Company shall have full power and 
 authority tn ask fur, demand and receive, recover and take the tolls orduea to 
 and for their own proper use and benefit, on all goods, merchandise and paa- 
 •enters using or orcupyinpf the enid Rail Road, or any other convenience, erec- 
 tion or improvoiiu'nt, built, occupied or owned by the said Company to be used 
 ther<nvith; xnd shall have power to regulate the time and manner in which 
 goods and pHsxengr rs shall he transported, taken and carried on the same, as 
 whII as the manner of rullccting all t>tl8 and dues on account of transportation 
 and carriage ; and shall have full power to erect and maintain such toll housoa 
 and other buildings for the accommodation and proper traaMCiioB of tbair bM* 
 ioen, as to them may aeam nacaaaary. 
 
II. Jlndh$itfurlhtreHacUdhytheaiithnrttifaforetaul, Tiniwhonever itihall 
 k* BMflMHrv I'ur titc cnnHtriirtinii nf ihiir Rinu'lc or doiililo Kiiil Koiid to intorsuct 
 •r eroysany streiim of water or \viiiL>r-i-otir>i! I> ioj; (mi iIio roiiio ot'siiiJ Unil Rund, 
 between the riv«r Niii;;,ira in llio tii»'iislii|) vf H<-rtiu, in thu Ninjrnra district, and 
 Um river Detroit nnd ihn town or Wandwich, in tliu Western district, it slfhtl and 
 mny he luwiul for llie Company to construct tlieir double or Hiiiglu Hitil Road a> 
 creu or upon tlie sHino, provided that tlio said Cnmpiiny sluiii rostoro tlio stream 
 of water course tliiit intersected or crossed to itH former stuto, or in a lufficient 
 manner not to impnir its nMefuliiess, and slml mcreovcr erect and mnnlaiu du> 
 ring the continuance of the Company, sufTaient iencta upon tlic lino of the route 
 of UMdnulde or sinqlo ilail Road. 
 
 18. >Snd be il Jurth'r enacted hj the authorUy aforesaid, Tliat it sliali and 
 may bo lawful for the President and Directors nl'tiie said Company from time 
 to tine to fix, lof^uliiiu and receive (he lolls iiiid cl'nrrcs to lie received for triins* 
 portaliun of properly or persons on suid dotililr or single Kail Road us afore« 
 ■aidi hereby antliorised to be constructed, erect, buill, made aiid used. 
 
 14. And be it Jurther enacted by the antUorUij ei/onsaid, 'i'liat so soon at 
 a President and Directors have becui appointed, as hereinafter mentioned, it 
 ■ball and may be lawful for liiem to call upon tlin Htockholders of the SHid Com- 
 pany, by giving t/iirlif days notice thereof, in inn/ iinrapoprv published in the 
 Niagara, London and Western Dislrich, lor an insinlmcnt of live per cent upon 
 the stock which they or any of tlicin shall ros|)(>rti\H'ly iiave subscribed; and 
 that the residue of the slocK suhxcribcd by tlio at.ir|Jk)ifl<<rs shall ho payable by < 
 instalments in such time and in kucIi proportions ns a ip.-ijoiity of the stockhold- 
 ers at a meeting expressly convened for that purpose shnll n^ree upon, so that 
 n iiuch instilment shall exceed five per cent, nor I ocoino payable in less than 
 thirty days after public notice in the newspape ' or newspapuis aforesaid ; Pro- 
 vided always \hsH th<^ mid President and Directors shall not commence the 
 conitru'tion of ilie said Rail Rond until the first instalment shall be paid in. 
 
 15. ^nd be it further enacted by the authority aforesaid, Thai if any stock- 
 holder or stockholder J as aforesaid sliall refuse or neglect tp pay at the time re« 
 
 ?uircd, any siii.h instnlnient or instalments as sliall be lawfully required by the 
 'reiident and Directors as duo upon any share or shares, such stockholder or 
 ftockholders so refusing or neglecting shall forfeit such share or shares as afore- 
 said, with nny amount which shall have been previously paid thereon ; and 
 that the share or nh-ires may be sold by the Frosident and Directors, and the 
 •um or sums accruing therefrom, together with the amount previously paid 
 thitreon, shall be accounted for and applied in like manner as other monies of 
 the said company : Provided always thi t the purchaser or purchasers shall pay 
 the said company the amount of the instalment required over and above the 
 purchase money of the shrre or shares so purchased by him, her or them, as 
 aforesaid, immediately after the sale and befolc they shall be entitled to the 
 Certificate of such shaie or shares so purchased as aforesaid : Provided alwayt 
 that thirty days notice of the sale of sucli forfeited share or .sJiaros shall be giv- 
 en in any newspaper or papers published in the Niagara, London and Western 
 district* ; and that the instalment due may be received in redemption of any 
 such forfeited share cr shares at any time before the day appointed for the sale 
 thereof. 
 
 16. wiruj he it further enacted by the authority aforesaid. That the said cor- 
 
 E>ration hereby created shall have power to conKtru<;t a single or double Rail 
 oad from the river Niagara in the township of Bertie, in the Niagara district, 
 to the river Detroit, in thu township of Sandnich, in the Western district fto be 
 located under the directions of Richard Dowdle Drake, Alexanifer Douglass, 
 William Elliott, Benjamin Paiker Cahoon, Francis Caldwell, Francis L. Walsh, 
 John Prince, Btla Shaw and John Alexnnde- Wilkinson, who are hereby ap- 
 appoinled commissioners for that purpose,) with power to transport take and 
 carry property and persons upon the same by tlict power and force of steam, or 
 •f animals, or by any such mechanical or other power, or by any combination 
 ef auab powers. 
 
 E«fe#^*'*--i- 
 
17. Jind bt it furiktr tnacled by tht aatkorit^ ufon$aid^ Tlial if ikt 
 
 Mid curtiorntion nhall nut witiiiii two yen* from llii> pHKiaKo of tlii< rcI coiB- 
 mrncfl tiie crnsli'iii-litin uf lli"sii>I \\\\\ l\ inl, .iiid Khali not wiiliiii Inn TMIt 
 from tlm nnsHip;! ()>' th'ii ii< I ('>tis!iii(-t t'iii:>ii h'I jim in o|icintiuii llift whom of 
 •Hid Knil Hotiii, ilicn o i ruiliiri' u\ tlnf l'oiMp;itiy to cuiiktriiri i|i«t said Knil Road, 
 witiii tilt; lull yiMiM liniD iiliovc ineiitioni-d, ihi* riuliii nnd privili-gea of tlio Mid 
 Rail Road us iiro nut tiiiiiilicd witliiii tliu timo limited hy l.'iisaci, and lo tlWM 
 on!/. 
 
 18. And be it furllfy nuirtal hi/ Ifif aulfinrili/ iijorttaid, Tlmt whonvTor 
 four ihoiisund Mlimuit oftliu urnrtnnid Kt-ck mIiiiII hiivii liticn subtirribwd if witllia 
 two yearn after tlic 'lussini; of iliinnct, tlio '.-uiiimiisionrrs firiit liiT«;in inenlioood 
 ahull chII II gi'ni-ral ninrtiiit; uf ilu> siitisrrilivrs, ut siirh time and placo as lilOV 
 tatty npfxiint, liy (.'ivini; tliirty il^iys piiMic nolico of Miirli tiii'clin(r, and ai inm 
 maeling tho coinini 'Aiontrs siiidl lay tlio ^tibM-riptioii book boforc tlio siibtcribtn. 
 thou and 'hero pri-sciii ; and tlicii'upon tho Mibiciibfra or siocltlioldera who ilwli 
 attend either in tliuir own prupiT pi'rsonH or by proxy, or a mrjority of fboMt 
 •hall elect iiinu directors by ballot and llic ninu )er»i)ni who hball havo Um 
 greatest number of votes ut uny election shall be directors; and if it shall hap* 
 pen at any election that two or more have an equal number of votes in such 
 manner that a greater number than nine shall by a plurality of votes appear to 
 be chosen directors, then tho stockholders herein before authorised to bold 
 such election shall proceed to elect iiy ballot until it is determined which of tho 
 said persons so liavint,' an equal numbo- of voics sliull be director ordirer.ton; 
 so as to completi; tlio whole number of nine ; u.id the said Directois so cImmb, 
 so soon as may bo nfier the miU election shall proceed in like manner to oloct 
 by bullet one of tlioir number to bo Piesident — a majority of whom shall ba 
 competent to mnnn^e tlie nUairs of tlie Company ; and in said election, and Oft 
 every occasion wliereiu a vote of the stockholders is to be taken, every shara 
 shall entitle the holder thereof to one veto, and every stockholder may vota bj 
 himself or by proxy, 
 
 19. Jlnd bt itjuriher enacted, hy the authority aforesaid , That to contiana 
 the surcession of President and Directors of said Company, Nine Directora 
 shall bo chosen as hereinbefore mentioned, annually, on the first Monday IB 
 June, at such place as may be appointed by the Directors, and if any vacancy 
 shall occur by death, resignation, or otherwise of any President or Directori 
 befere the year fur which he sliull have been elected shall have expired, a per* 
 son to fill such vacant place for the residue of the year may be appointed by 
 the Directors of said Company, or n majority of them ; and that the Presidaat 
 and Directors of such Company shall hold and exercise their offices until a 
 new election of President aiid Directors, and all elections which are by thii 
 Act or by tho Dyc-lnws of lliK Company to be made, on any particular day, if 
 not made on such day, m.iy bo inado within thirty days thereafter. 
 
 20. And be it further e.nacttrl, by the anlhority oforeaaid. That a general 
 meeting of the Stocklioldui'H i>lm» b<i liuld nnnnuliy at the time and place ap- 
 pointed for the appointment of President and Directors, and a mceiing may ba 
 called any time during the interval between the said annual meetings by tba 
 President and Directors, oi by the Stockholders o'vning not less than ona 
 fourth of the whole stock, by giving iliirty days public notice of the lima and 
 place of meeting; and when any such meeting shall be called by the Stock- 
 holders, the notice shall specify the particular object of the call; and if at aay 
 auch meeting thua called a value of the iStockholdera are not present in perMOt 
 or by proxy, such meeting shall bo adjourned from day to day, not exceedinf 
 three days, without transacting any business ; and if within three days. Stock- 
 holders having a majority of the stock do not attend such meeting, diea tba 
 same shall be dissolved. 
 
 21. And be it further enacted by the authority aforesaid. That at tha aBBtt- 
 al meetings uf the Stockholders o:' said C'l mpuny, it shall be the duty of tba 
 President und Director of the preceding year to exhibit a clear and dJitiBCl 
 Statement of the affairs of the Company, and at any called oiaetiBg of tha 
 
'if-. 
 
 8 t Mkht M «r» • iMjMity of tboM preacnt in person or by proxj may rrqtriif 
 •iMiUr ■IBtflmf>nl!i rrnm iho Preaidont ami Diroctors, whoso duly it »hnll bn to 
 ibrnlsli ih«m when rHqiiired, nnd nt nil Uitnoml Meelingt of tiiu Stockholdori 
 • majority in valuo of all tho Slockholdari in laid Company may remove from 
 offleo any Preaideni ur any of the Dirrctoii of the Hid Company, and may ap* 
 point olhrri in thvir Hteail, (irovidvd Unit the inluniion to ptopoio lUch removal 
 ihal! hnvH lifon ftiioriried ii«ono of the rentoni for c lling luch meeting. 
 
 22. An'l he if furthff enacted bif the aulhority aforttaid. That tna Presi- 
 dent anil Uir««-t'>r* ol ilm Mid Comji'*';.-, hvfuru he or thoy act at luch, diall 
 respeciivfly svtr.iT or artli in us (lin rasu may be ihiit he will well and truly dis- 
 charge thodmirs '>f In* offiri. in ilif Ih'hI of hi* Kkill tiiid jiKlunirnt. 
 
 23. Andbt it fiirtltrr tnaeted bij the authnriln afnvraa d, 'J'lint the Pri'sidont 
 •nd Directors, or rt miijoriiy of tliPiii, sIirII Imve iio«n'r to Hp|iuinl, contract 
 with, and determine tliu ronipftnsaiiun of nil such ()fliccrs, Gngineors, Agrnts 
 or Servants whalsoevfr, as they may deem necensary for the transaction of the 
 business of the Compnoy, ond remove them atnleasurei and the said Presi- 
 dent and Directors or a niujoriiy of tlifrm shall nave power to determine the 
 manner of adjiMling and settling all accounts against the said Company ; also 
 tho manner and (evidence of Transfers of Stock in said Company ; and thev 
 ihrll have power to pass all bye laws which they may deem necessary for the 
 carrying into execution all the powers vested in the Co-npany hereby incorpo' 
 rated provided such bye-laws sliali nut lie repugnant to the laws of this Prov- 
 ince. 
 
 24. And bt itfu)'lher tnaeted by the anthority aforeiaidt That this Act shall 
 bedemed nnd talcon to be a public act, and as such shall be judicially noticed by 
 ellJudgcs, Justices of the Peace, and other persona without being specially 
 pleaded. 
 
 25. And 6e it tnaettd by the aiUhorily aforesaid, That this Act shall not 
 be construed to give power to tlie said company to erect ways or works of any 
 description upon or over Grand River, so as interfere with the free use of the 
 navigation thereof. 
 
 26. >And be it further enacted by the authority aforetaid, That notwith- 
 standing the privi e^en hereby conferred, the Lngislature mny at any tinuf lirru- 
 •Aer make such addition.'* to this act or such alterations of any of its provisions 
 as they may think jiropcr, for affording fit protect'on to the public, or to any 
 person or persons, body puliiic or corporate, in respect of their estate, property 
 or rights, or interest therein, or any advantage, privilege or convenience con- 
 nected therewith, or in respect to any way or right of way, public or private, 
 that may be affected by any of the pnw rs given by this act. 
 
 27. •and be itfnriher enacted by the authority aforeeaid, That if any ac- 
 tion or suit shall be brought against any person or persons for any matter or 
 thing done in pnr»uanre of this act, such action or suit shall be brought within 
 six calendar months noxt after the fact committed, and not afterwards; and the 
 defendant or duft'odnnw in such action or suit may pleail the general issue only 
 •nd give iliis act and i!-" noria! matter in cvidi-ncc on the trial. 
 
 28. And be if fnrti: ■• uncted by I he authority aforesaid. That nothing in 
 this Act contained shal! nxiei.d ui be construed to extend to prevent at any fu- 
 ture period tlie Hamilton nnd Port Dover Rail Road Company, or any other 
 Company formed, or hereafter to be formed, from establishing lateral branches 
 tnm said Rail Road to Queenston, Niagara, Hamilton, L3ndun, Chatham Or 
 any other piece between the township of Sandwich in the Western District and 
 Bertie in the Niagara District 
 
 li