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A J ax 1 2 3 1 2 3 4 5 6 t THF, CHARTER AND BYE LAWS '^^ OF THE SHUBEKACCADIE CANAL COMPANY ; WITH THE ACTS OF THE GENERAL ASSEMBLY OF NOVA SCOTIAj Relating to the Canal, 4 PRINTED BY ORDER OF THE BOARD OF DIRE C TOR Sj HALliFAX, NOVA SCOTIA. 1829. ^■?^'A':?f:f ie Canal Com- PAr?T : and, by that name to have RiircesiRion, to sue and to be sued, to have a common seal, and to possess and enjoy such powers with respect to the choice of a President and other Offi- cers, making bye laws, and regulating the affairs of the said Company, as shall be expressed in the same Letters Patent. II. And be it further enacted. That the said Company, when so Incorporated, shall be, and they are hereby declared and made capable in Law, to have, hold, purchase, receive, possess, enjoy, A and retain, lands, rents, and tenements, to the amount of Fifty Thousand Pounds, and no more at one time ; and also, monies, goods, chattels and effects, to the amount of Twenty-five Thou- sand Pounds, and no more, at any one time ; and also, to sell, grant, demise, alien, or otherwise dispose of, such lands, tene- ments, rents, monies, goods, chatties, and effects, at their free will and pleasure. III. *Andbe it further enacted, That in such Letters Patent, the necessary officers of such Corporation shall be named and designated ; and proper persons appointed to be such officers for the first year : and that the said Corporation may make, establish, and put in execution, such laws and regulations as may be ne- cessary for making such Canal and the works thereof, levying the assessments, and for the government of the said Corporation: provided the same shall in no case be repugnant to the La./ 3 of this Province. IV. Jlnd be it further enacted, That the Capital or Joint Stock of the said Corporation, shall be divided into such and so many shares or portions, as the said corporation, by their bye laws or ordinances, shall from time to time appoint : and such shares shall be transferable ; and be conveyed in such manner, and under such restrictions and conditions, as in such bye laws shall be appointed. V. Jind be it further enacted, That it shall and may be law- ful for the said Company, when so incorporated, to make, open, and cut, a sufficient Canal or water communication of such breadth, depth and dimensions, as shall be deemed fit and ne- cessary, from the waters of the Harbour of Halifax, through the Dartmouth Lake so called, the lakes and channels or course of the River Shubenaccadie ; or by or along the sides or banks of such lakes and river to such part of the River Shubenaccadie, between its place of discharge into the Basin of Mines and the Great Lake, — as shall be found practicable, or most convenient or proper for making a continued navigable Channel or Canal for the passai^e of boats or vessels, to and from the Basin of Mines, and the Harbour of Hallftut, respectively ; and also, to dig and excavate such lock pits, chambers or basins ; and to make, build and erect, such locks, sluices, dams, wears, and embankments, in, over, across or upon, the course of the said river, or along the sides thereof, or at or near to the several lakes or streams connected therewith, as shall be considered neces- Bary or proper for effecting such inland water communication ; and at all such places or parts of the said river, lakes or streams. ft. th tene- laws and in such lines, courses and directions, from one part to ano- ther of the said river, lakes and streams, as the said company shall deem expedient ; and further, to make, place and erect, such and so many lock gates or doors, as shall be necessary in the line course or direction of such Canal, or required in the locks, dams or sluiccH thereof; and likewise to dig, excavate and deepen, the channels and courses of the said river, lakes and streams, wherever necessary, whether at the places of junction of the said lakes, river and streams, respectively or elsewhere in the course, channel or basins thereof; and moreover to di- vert, turn, change or alter, the course, channel and direction of the river, lakes or streams aforesaid, wherever necessary ; and to make, dig and excavate a channel, or course for the said river, cr the w aters thereof; and to form the said Canal in any other maimer, or different direction, between the said lakes respective- ly, or between any one or more of the said lakes, and the said river, or any particular part thereof, than the course or direction which the waters of the said river or outlets of the said lakes do now run in or follow : — and furthermore to retain, dam up and confine, the waters of the river, lakes, and streams aforesaid, in the natural basins, courses, or reservoirs, to be made by the said Corporation ; and to lessen or reduce Che actual surface waters, or depths of such lakes, river, or streams, wherever necessary or proper, for the purposes of the said Canal or water commu- nication: — and generally to use and appropriate the waters of the said river, lakes and streams, and the channels and water courses thereof, to and for the use and benefit of, and for ren- dering effectual navigable and useful, the said intended Canal or water communication from Halifax aforesaid, to the said Basin of Mines. I* t % VI. And he it further enacted. That the said Company shall have power and authority to make, open and complete, in all such places where the same shall be thought necessary^ in or upon the said Canal, river and lakes, and the shores or banks thereof respectively, such towing paths, walks or roads, as shall be found necessary or useful for the tracking or towing along the line of such Canal, river or lakes, the boats, barges or ves- sels, to be used or employed thereupon; and such towing- paths, walks or roads, with all necessary appendages thereof, from time to time, to repair, amend, alter or sustain, as the said Corporation shall see fit. VII. And he it further enacted^ That it shall and may be lawful for the Governor, Lieutenant-Governor, or Commander in Chief for the time being, by whom such Letters Patent of ' I I V ' Incorporation shall bo granted, to give and convey thereby to the said Company all such other powers, privileges, authorities and immunities, in regard to the making, executing, repairing and sustaining such Canal or water communication, as are commonly and usually granted to such Canal Companies ; and as shall appear to him, with the advice and consent of his Majesty's Council, to be reasonable, fit and proper in this be- half; and further, by and with the consent aforesaid, to impose such restrictions and conditions on the said Company as may be proper or expedient in regard to the size and dimensions of the said Canal, and the locks and works thereof, the rates or tolls to be taken, or other subjects connected with such Canal. VIII. And be it further enacted, That the cour. Government of this Provlw^o have any concern, share, or in- terest in the proposed panal or water communication ; or to give the said Corporation, or any of the persons composing the saint, any claim of any sort or kind' upon the Treasury or Governmeni of this Province, for ony monies or pecuniary aid : it being the true intent and meaning of this Act, that those who may engage therein should proceed upon their own responsibility, and opinion of tlie advantages and practicability thereof XVIII. And be it further enacted, That unless the said Cor- poration, within the space of ten years from the passing of this Act, shall have made such progress towards the completing of the said navigation, as shall satisfy the Governor, Lieutenant- Governor, or Commander in Chief, and his Majesty's Council, that there is a reasonable prospect that such Corporation will, within a limited period, be able to complete the said navigable Canal, then and in such case this Act, and every matter and thing herein contained, shall cease, and be no longerin force. And whereas it has been himibly represented to us on the part and behalf of the several persons hereinafter named and men- tioned, that is to say : the Honorable Michael Wallace, Tho- mas Nicholson JefTery, Enos Collins and Charles Ralmage Prescott, Esquires, Four of our Council in and for our said Province: Samuel Cunard, Joseph Allison, Thomas Boggs, James Tobin, Lewis Edward Piers, Stephen Wastie Debloie, John Clark, John Alexander Barry, William Pryor and John Starr, all Merchants ■ Richard John Uniacke, the young- er, Charles Rufus Fairbanks, James Walton Nutting, Natha- ^J^am ¥.^^ s niel Whitworth White, Janies Boyle Uniacke and Beamish Murdoch, Esquires, all Barristers at law : and Rufus Fair- banks, Michael Tobin, George Piers Lawson, William Stairs, William Deblois, Joshua Loe, James Purvis, James Dewolfe Fraser, Samuel Head, Surgeon, Michael Bemiet, John Fair- banks, James Leishman, William Black, Samuel Black, Mar- tin Gay Black, William Carritt, David Hare, the Reverend William Black, James Bain, William Lawson, Temple Foster Piers, James Hamilton, Lawrence Hartshome, John Skerry, William Strachan, Edward Pryor, John Lawson, John Wal- lace, Thomas Wallace, Charles Hill Wallace, Richard Tre^ nipin, Henry Yeomans, John Brown and John Rees, all of Halifax, in our said Province ; — that they the said several per- sons herein before named, with divers other persons our sub- jects, residihg in Halifax aforesa^^liave associated themselves together, for opening and riakingj^uyigableCut Canal or wa- ter communication, between thfl^Hproour of Halifax and the Basin of Mines, so called, within our said Province 5 — by along, or near to the course of the River Shubenaccadie, and the lakes thereof — within the same ; — and have proposed and agreed, by pri- vate subscriptions, of themselves and other adventurers willing to embark in the said undertaking, to raise sufficient monies to effect the same, and to carry the several purposes in the said recited Act mentioned into full effect, under the authority, provisions, regulations and restrictions of the said Act, and as a Joint Stock Company, or Body Corporate to be constituted, pursuant to the regulations thereof And Whereas, they the said several persons before named, as well on behalf of themselves, as of all others, the present or future subscribers to the said associa- tion and undertaking, have, by their humble petition to our trusty and well beloved Lieutenant General Sir James Kempt, Knight Grand Cross of our most Honorable Military Order of the Bath, our Lieutenant Governor and Commander in Chief, in and over our said Province of Nova-Scotia and its dependen- cies, Chancellor of the same, and so forthj at Halifax duly pre- ferred, besought us by our Letters Patent under the Great Seal of our said Province, thereto pet by our said Governor, to incor- porate, as well them, the said several persons above named, as also, all and singular other the persons who now are or hereaf- ter may become Parties, Shareholders, Subscribers or Adven- turers, in, to or for the said Association or undertaking, for the pur])oses — with the powers — and in the manner in the said recit- ed act expressed. ---.■• '•- .' ). •■'■■.,'•>" ■ . Know Ye therefore, that we being minded t'v (;■ ant such Letters Patent as in and by the said Act are provid^ and men- 9 tioned with all necessary powers and privileges, incident and necessary to the said Association and Enterprise, — of our special Grace, certain knowledge and mere motion, have called, ordain- ed, constituted, given, granted and confirmed — and by these pre- sents for us, our Heirs and Successors, Do, will, ordnin, consti- tute, give, grant and confirm — that the several persons above nam- ed, that is to say : — the Honourable Michael Wallace, Thomas Nicholson Jeflery, Enos Collins and Charles Ralmage Pres- cott, Samuel Cunard, Joseph Allison, Thomas Boggs, James Tobin, Lewis Edward Piers, Stephen Wastie Deblois, John Clark, John Alexander Barry, William Pryor and John Starr, Richard John Uniacke, the younger, CharlcsRufus Fair- banks, James Walton Nutting, Nathaniel Whitworth White, James Boyle Uniacke, Beamish Murdoch, Rufus Fairbanks, Michael Tobin, George Piers Lawson, William Stairs, Wil- liam Deblois, Joshua Lee, James Purvis, James Dewolf Era- ser, Samuel Head, Michael Bennet, John Fairbanks, James Leishman, William Black, Samuel Black, Martin Gay Black, William Carritt, David Hare, the Reverend William Black, James Bain, William Lawson, Temple Foster Piers, James Hamilton, Lawrence Hartshorne, John Skerry, Wil- liam Strachan, Edward Pryor, John Lawson, John Wallace, Thomas Wallace, Charles Hill Wallace, Richard Tremain, Henry Yeomans, John Brown and John Rees ; and also all and singular other the persons whomsoever, who now are or have become or hereafter from time to time shall or may be or become Subscribers or Adventurers in, or Parties to the said Undertaking, and all and every other person or persons, who in their own rights, or as Executors, Administrators or Assigns, or as Devisees or Representatives howsoever, of the said seve- ral persons above named, or of other the present or future Sub- scribers or Adventurers in the said Enterprise or Undertaking, at any time or times hereafter shall have, own or be entitled un- to any Share, Interest, Estate or Proportion, in the said Asso- ciation and Enterprise, and in the Capital and Joint Stock funds and property whatsoever of the said Company, by virtue of these presents, or by subscription gift grant devise bequest or otherwise to be acquired, so long as they the said several Subscribers, Ad- venturers or Sharehc'ders present or future, or their several and respective Executors Administrators Assigns Devisees or other Representatives, from time to time, shall have, possess or retain any such part share or Interest as aforesaid, SHALL from henceforth be and remain one Body Corporate and Poli- tic in fact, law, deed and name, by and under the name, style and Title of the Shubenaccadie Canal Company: — And them the said several persons above named, and all and singular other 10 It •St U the persons whomsoever, who now are or have become, or hereafter from time to time shall or may be or become Subscri- bers or Adventurers in, or Parties to the said Undertaking, or have raised subscribed own have hold, or may raise, subscribe, own or hold, or are or may be entitled unto any Share Interest Es- tate or Proportion in the said Association or Enterprise, and in the present or future Capita) Joint *Stock funds or property whatsoe- ver, whether in their own right, or as Executors, Administrators, Assigns, Devisees or Representatives howsoever, of any present or future Subscribers Shareholders or Adventurers, so long as they respectively have hold and retain any such Share In- terest, Estate or Proportion as aforesaid, by and under the said name of the Sliubenaccadie Canal Company, one Bodif Politic and Corporate in deed and name, really and fully WE do for us, our Heirs and Successors erect, make, ordain, constitute, confirm, declare and create by these presents : — And that from henceforth at all times they the said several persons and Parties Adventurers Subscribers Shareholders or interested as aforesaid, by the name of the Shubenaccadic Canal Company, be, and at all times hereafter shall be a Corporate Body, able in Law, and capable to sue and be sued, imple.id and be im- pleaded, answer and be answered unto, defend and be defended in all courts and places, before Us, our Heirs and Successors, and before all or any of the Judges Justices Officers or Minis- ters of Us, our Heirs and Successors, and elsewhere, in all and all manner of Action and Actions Suits Complaints Pleas Causes Matters and demands whatsoever, and of what kind or nature soever, in as full and ample manner and form as any of our Liege subjects of our said Province, being persons able and capable in Law, can or may sue or be sued, implead and be im- pleaded, answer and be answered unto, defend and be defend- ed, by any lawful ways and means whatsoever. — And also with power in their said Coporate capacity, at all times to have and use a common Seal, in such form as shall be ordained by the said Company, for sealing all and singular deeds, grants, con- veyances, contracts, bonds, articles of agreement, assign- ments, Powers and Authorities and all and singular their af- fairs and things touching or concerning the said Corporation. And We do ordain authorise and declare, that under and by virtue of these our liCtters, it shall and may be lawful to and for the several persons aforesaid, in their Corporate capacity as aforesaid, as they shall see cause, to break change or new make the d Seal or any other Common Seal, when and as often as to them shall seem convenient. And also We do of our special Grace, certain knowledge and mere motion for us, our Heirs and Successors, give, grant, ratify and confirm unto the said n several Persons above named, and all others now being or here- after to become Parties, Adventurers, Subscribers, Sharehold' ers or interested in manner and for the purposes aforesaid, that all and singular the said several Persons, be and shall be and they are hereby declared at all times hereafter, in their Corpor- ate capacity, by the same name of the Shuhenaccadic Canal Company, able and capable in Law to purchase, have, hold, receive, possess, enjoy and retain any Messuages, Houses, Buildings, Wharves, Lands, Lands wholly or in part covered with water. Tenements, Rents, Possessions and other Heredit- aments and Real Estate within our said Province, either in fee simple or for term of life or lives or years or in any other manner : And also Tolls, Ferries, Rates and Dues, by the said Company or otherwise to be established or to be derived from the said Canal Communication or otherwise howsoever : And likewise monies, goods, chattels, effects, and other things of what kind or quality soever : with full and entire power and au- thority at all times in their said Corporate capacity, to give, grant, sell, assign, demise or otherwise dispose of all or any part of the Messuages, Houses, Buildings, Wharves, Lands, Lands wholly or in part covered with water. Tenements, Pos- sessions, Rents, Hereditaments and Real Estate, Tolls Ferries, Rates and Dues, and all their Monies, Goods, Chattels, Effects and other things aforesaid, as to them in their Corporate capa- city acting, shall seem meet, and at their own will and pleasure. Provided always, nevertheless, that over and beyond the value of the Land partly covered with water, used occupied and em- ployed for the said Canal and Water Communication, and the Reservoirs, Locks, Sluices, Dams, Wears and Embankments thereof, and over and beyond the Tolls, Monies and Receipts, to be had and collected therefrom, the Lands, Rents and Tene- ments so to be held and retained by the said Company, in their said Corporate capacity, at any one time shall not exceed in value the amount of Fifty Thousand Pounds, of lawful money of our said Province; and the Monies, Goods, Chattels and Effects so to be possessed and retained by the said Company at any one time shall not exceed in value the amount of Twenty- five Thousand Pounds of like lawful money. And We do hereby for Us our Heirs and Successors, will ordain, constitute, grant and declare that the necessary officers of the said Company, for managing, ordering, transacting and performing the business and affairs thereof, shall be and at all times (except in case of vacancies arising by death or resigna- tion) shall consist of one President, two Vice Presidents, nine Directors and a Secretary, besides such other officers and ser- ':f>': . n\ 12 vants as the said Company shall think proper to constitute and appoint, for the better managing and executing tfic business thereof; and that I he several powers, authorities, rights, privi- leges and duties of such President, Vice Presidents, Directors and Secretary and other Oflicers and Servants of the said Company, shall be declared and established in and by the Bye Laws, Rules and Regulations of the said Company, for that purpose to be made and enacted. And we do also for us our Heirs and Successors, and by vir- tue and in pursuance of the said recited Act, nominate and ap- point to be the officers of the said (Company for the first year thereof, the following persons, that is to say : — TJie said Hon- ourable Michael Wallace Esquire to be the first President of the said Company; the said Honourable Thomas Nicholson Jeffery Esquire and Samuel ('unard Esquire to be the first Vice Presidents thereof; the said Joseph Allison, Thomas Boggs, James Tobin, Lewis Edward Piers, Stephen Wastio Deblois, John Clarke, John Alexander Barry, William Pryor, and John Starr, Esquires ; to be the first nine Directors thereof, and the said Charles Rufus Fairbanks Esquire to be the first Secretary thereof And we do, will, authorize, ordain and de- clare that the said several Persons do hold, exercise, enjoy and retain, their said respective offices from the day of the date of these presents, for and during the term of one whole year, and thence continually until a new choice of the said Officers res- pectively shall be made, by the said Company, in such manner and form as by the Bye Laws thereof, in this behalf to be pro- vided, shall be directed and ordained. And furtlier. We do of our special grace, certain know- ledge and mere motion, for us, our lieirs and Successors, give, grant, ratify and confirm unto the said pennons hereby incorpo- rated, or meant and intended to be incorporated, by the name of The SImbenaccadie Canal Company, and to all and sin- gular other the persons who from time to time are or shall be and become Subscribers, Parties, Shareholders, Members or Proprietors of and in the said Company, —or shall acquire and retain, any part, share or interest therein, or in the property thereof, — That all and every person and persons, being or be- coming Shareholders, Subscribers, Parties, Members or Pro- prietors of and in the said Company and interested therein, as hereinbefore is mentioned, shall and lawfully may assemble themselves and meet together, upon and at such several days and time, and at such place or places within our Province of Nova Scotia aforesaid, as to them or the majority of them shall 13 seem fit or expedient, for the constituting the said Company, and for managing, ordering, consulting and settling, the affairs and business of the said Company. And that they, the said several Persons and Parties, now, or hereafter to be Members and Shareholders, shall and may have and possess and enjoy, at each and every such several days and times of meeting, full entire and perfect liberty, power and authority to frame, constitute, ordain, make, establish and put in execution, all Bye-laws, Rules, Statutes, Ordinances, Regulations and Constitutions, necessary fit and proper, in the opinion of the said Shareholders, or the major part of them, for declaring, settling and establish- ing the Constitution Rule Officers Servants and Government of the said Corporation, — or for the conduct and management of the affairs thereof— or for raising, levying, prpcuring, borrowing, hiring or obtaining the necessary funds and monies, for making, opening, cutting and completing, according to the Intention Powers and Authorities of and in the said recited Statute expressed, a sufficient navigable Canai or Water Communica- tion, from the waters of the Halifax Harbour, through the Dartmouth Lakes so called, the Lakes and Channels or Course of the Riv*>r Shubenaccadie, or by, along, or near their Banks respectively, to the Basin of Mines at the place of discharge of the said River ; — or for levying and assessing upon the present or future Shareholders in the said Company all Rates and As- sessments made and ordered to be paid for making constructing and sustaining such navigable Canal and the works thereof; — or for defraying the expense attendant thereon ;— or the management of the affairs of the Company and support of the navigation. And We do ^kewi3ein manner aforesaid, give grant ratify and confirm unto the said Corporation, and all the present and future Members and Shareholders thereof, that they, or the major part of them, present at such meetings, shall also have possess and enjoy full entire and perfect liberty power and authority to ordain make establish and put in execution all Bye-laws Rules Sta- tutes Ordmances Regulations and Constitutions, in the opinion of them or the r-ijor part of them, necessary fit or proper for con- ducting and ordering the operations of the said Company, and their servants and officers, in cutting opening and constructing the said Caiial and Water Communication, and all the proceedings works and doings therewith connected ; — and for managing and ordering all the details, affairs and business of the said enter- prise and Undertaking ; and for maintaining repairing and tip- holding the said navigable communication ; and for using and navigating the same ; and for the good rule and government of the said Company hereby incorporated, and of all the officers D 14 If.* . belonging thereto, or therein concerned or interested ; and for the further Public good common profit benefit and regulation of the said Company ; — and for the better maintaining preserving using disposing letting or managing the said Canal or Water Communcation, and all and singular the works thereof or there- with connected,— and the Tolls, Rents, Income and profits thereof, and other property Tenements, Lands, Possessions Hereditaments Goods and Chattels to the said Company be- longing cr hereafter to belong, and all other matters and things whatsoever touching or concerning the said Company, or the state, right and interest of the same. And We do hereby for Us, our Heirs and Successors, will and declare that all the said Bye-laws Ordinances Statutes Re- gulations and Constitutions so made and ordained, shall and may in like manner, at any of the said meetings, be revoked re- Sealed, annulled or amended in such manner as to the said lembers Proprietors, or other persons interested in the said Corporation, or the greater part of them may seem right and expedient. And We do hereby for Us, our Heirs and Successors further will and ordain that all and singular the Bye-laws Ordinances Statutes Regulations, Rules and Constitutions, so as aforesaid to be made, and which from time to time shall be in force, shall be binding and obligatory on all the present and future mem- bers of the said Company : provided such Bye-laws, Ordinances, Statutes Rules Regulations and Constitutions are not contra- ry to the common Law of our Kingdom of England, or to the Laws of this our Province of Nova-Scotia ; and provided also that the same be, within one month after the passing thereof, certified to our Governor and Council for our said Province, and be allowed ratified and confirmed by them within six months after the certifying thereof. And We do moreover, will ordain give and grant to the several persons, who from time to time shall be members of the said Corporate Body, full power and authority to assemble and meet together ; at any such times as they shall deem expedient, for the managing regulating and conducting the affairs und bu»iiie8» of the said Corporation ac- cording to the Bye-laws Rules and Regulations aforesaid by them to be made : and also at any of these meetings, and from time to time as the said Corporation shall find it expedient, to elect and choose, pursuant to the Bye-laws by them to be made as aforesaid for that purpose, one President two Vice Presidents nine Directors one Secretary and other officers for the said Company, from among the persons who from time to time shall 15 be members of, or interested in the said Company, in the place and stead of the said President Vice Presidents Directors and Secretary hereinbefore nominated and appointed for the first year as aforesaid ; and such officers or either of them, from time to time to re-elect and choose according to their said Bye-laws and regulations in that behalf to be made, and as often as shall therein be appointed. And we do will and ordain that the President Vice Presidents Directors Secretary and other Offi- cers nominated, elected or from time to time appointed, by the said Corporation for the time being, shall exercise possess and enjoy all the rights powers and privileges to their said Offices respectively appertaining. And We do furthermore, for us our Heirs and Successors, grant will and ordain that the Capital or Joint Stock of the said Company, shall, in the first instance, consist of the sum of Six- ty Thousand Pounds, of lawful money of Nova-Scotia, to be divided into Two Thousand and Four Hundred Shares, each share being of the sum of Twenty-five Pounds ; and that the said Capital Stock and all the Shares thereof shall be deemed and taken to be personal property ; and shall be transferable and be conveyed in such manner and under such conditions and restrictions, and in such form and manner, as in and by the Bye- laws of the said Company shall be ordained. But the said Corporation and the Parties and Members thereof shall and may from time to time, if the same be thought expedient, add to and increase the amount of the said Capital Stock and number of Shares thereof to such additional amount and extent, beyond Sixty Thousand Pounds, as for the purposes and objects of the said Corporation, the Shareholders therein may deem necessary and expedient. Provided always nevertheless, that no holder of any Share or Interest in the said Corporation, or the Capital or Joint Stock thereof, shall under any Rates or Assessments to be made by the said Company, or in any way, or by any means, or upon any pretence whatsoever, be liable to the payment of any greater or larger sum of money in the whole, than the sum of Twenty-five pounds currency on and for each several Share subscribed for, or held by, or standing in the name of such Subscriber or Shareholder at the time of ordering each Rate or Assessment. And it is declared that the said sum of Twenty-five pounds is to include all the calls made or to be made on such Share from the date hereof: it being the true intent and meaning of these presents that no greater sum than Twenty-five Pounds shall be paid for or upon any one Share in the said Company. ii 16 And We do moreover, for us our Heirs and Successors, give grant ordain and confirm unto the said Corporation, and unto the Parties and Persons who from time to time are or shall be Shareholders or Proprietors thereof, in their Corporate capa city to be enjoyed, all and singular the Estate, Rights, Pow- ers, Privileges, Profits, Authorities and Immunities, which in and by the said recited Act, are granted or intended to be granted to or vested in the Company to be incorporated under that Act, — and as fully amply entirely and effectually, to all in- tents and purposes whatsoever, as if all the Estate, Rights, Powers, Privileges, Profits, Authorities and Immunities in the said Act enumerated and set forth, w«re herein agair express- ly recapitulated and particularized: — To have and to hold all the said Estate Rights Powers Privileges Profits Authorities and Immunities unto the said Corporation, from the day of the date of these our Letters Patent, during the continuance of the said Company. And We do likewise, for Us our Heirs and Successors, give, grant, ordain, convey and confirm unto the said Corporation, and unto the several Parties and persons, who from time to time are or shall be Shareholders or Proprietors — or interested there- in, — in their Corporate capacity to be enjoyed—all and every other powers privileges authorities and immunities, in regard to the making executing repairing and sustaining such Canal or Water Communication, as by us in our Kingdom of Great- Britain have been commonly and usually granted to Companies incorporated* for cutting opening and maintaining Canals or Inland Water Communications ; or which are or may be reasonable necessary fit or proper to be granted to, held possessed and emoyed by, the Parties and Persons hereby incorporated ; and for the better management of the said Corporation, and the effectual and suc- cessful opening and completion of the Canal Communication hereinbefore referred to, and rendering the same fully and easi- ly navigable — and procuring therefrom to the said Parties a rea- sonable return and remuneration for their great charges risk and expense in opening and constructing this great public work : Notwithstanding that such other and further Powers Privileges Authorities and Immunities hereby intended to be bestowed, might require to be expressly specified and set forth at large — Our will and pleasure being freely to grant and confu>m to the said Corporation, Privileges and Powers, Rights and Immuni- ties co-extensive with those which are commonly and usually granted to such Canal Companies incorporated in our said Kingdom. 17 Provided always, nevertheless and it is our will and pleasure, and We do hereby direct order and declare that the locks, and works of the said Canal, and the communication thereby to be opened and constructed, shall be made and completed of such size shape and dimensions as to atTord a iiavigation, as nearly as may be, of the depth of eight feet of Water at the least, through the said Canal, or water Communication when the same shall be fully completed. And We do hereby further for us o:ir Heirs and Successors will declare and ordain, that the several Rates, Tolls, and Pass- monies to be established and demanded by the said Company for the freight or transport of Passengers, Goods, Merchandise Chattels or Cattle, through the said Canal or inland Water Communication, or upon the line thereof, shall be from time to time subject and liablp to the regulation of our Council for our said Province, if to our said Council it shall seem necessary and expedient so to regulate the same. Provided always neverthe- less, and We do hereby ordain and declare that the amounts of such Rates Tolls or pass-monies shall not be reduced or regu- lated by our said Council until the whole annual proceeds and produce thereof to the t^aid Company, shall amount to an annual profit or return of fifteen pounds per Centum, on and for the amount of the several shares of the said Company, from the date of these presents, over and above the yearly expenses and mo- nies necessary to maintain the said communication and keep it in perfect order and repair — to support the Boats, Barges Vessels or other means of carriage and conveyance along and upon the said Canal — to satisfy the wages and allow- ances of the ofHcers and servants of the Company and all other outgoings therefrom — and also to pay the interest from the date hereof of all monies advanced by th^ said Company : nor shall such reduction or regulation, by our said Council, be made for any thing more than the excess of the produce of such Tolls be- yond the said nett profit of fifteen per Centum. Provided always nevertheless and We do hereby for us our Heirs and Successors will and declare, that these our present Letters and the several rights powers privileges and immunities, herein and hereby granted and conve^red, are upon under and subject to the same conditions and provisoes which, in and by the said hereinbefore recited Act, are made provided and declared: and for want of compliance with andjperformance of the said conditions and limitations by the said Company, these presents shall be and become wholly and entirely void and determined, to all intents and purposes, in all cases where by the terms of E 18 the Statute such penalty or forfeiture is expressly made applicable to the want of compliance and performance afore- said. And We will, and by these presents for us our Heirs and Suc- cessors, do grant and declare that the said Parties to the said undertaking shall and may have these presents made and sealed under the Great Seal of our Province of Nova-Scotia; and that these our Letters Patent or the enrolment or exemplifications thereof shall and may be good, firm, valid sufficient and effectual in the law according to the true intent and meaning of the same ; and shall be taken, construed and adjudged, in the most favour- able and beneficial sense for the best advantage of the said Shu- benaccadie Canal Company, as well in all our courts of Record as elsewhere, and by all and singular Judges, Justices, Officers Ministers and other subjects whatsoever, of us our Heirs and Successors ; any mis-recital, non-recital, omission, imperfection, defect, matter cause or thing whatsoever to the contrary thereof in any wise notwithstanding : without fine or fee great or small to be for the same in any manner rendered done or 'paid to us in our Hanaper or elsewhere to our use. — And lastly We do here- by promise and declare for us our Heirs and Successors that We and they shall and will at all times hereafter give and grant to the aforesaid Shubenaccadie Canal Company, such other rea- sonable powers and authorities as may be necessary for the government and management of the said Company, and the more effectual execution of the premises. In testimony whereof We have caused these our letters to be made Patent ; and the Great Seal of our said Province to be hereunto affixed ; and the same to be entered of Record in our Secretary's Office of our said Province in one of the Books of Patents there remaining. Witness our Trusty and well-be- loved, His Excellency Lieutenant General Sir James Kempt, Knight Grand Cross of the Most Honourable Military Order of the Bath, Lieutenant Governor and Commander-in-Chief in and over our Province of Nova-Scotia and its Dependencies, Chancellor of the same, &c. Sec. Slc. at Halifax aforesaid, this first da^ of June, in the seventh year of our reign and in the year of'^our Lord One Thousand Eight Hundred and Twenty- six. By His Excellency's Command, (RUPERT D. GEORGE,) Secretary. T 19 May it please your Excellency. I HAVE perused this Charter, and find nothing therein prejudi- cial to the interests of his Majesty. S G W. ARCHIBALD, Solicitor General. To his Excellency Lieut. Gen. Sir James Kempt. ACT VII. GEO. IV. CH. I. SECTION 2 Passed March, 1826. Jlnd be it further enacted, That for encouraging the opening the Shubenaccadie Navigation between the Harbour of Halifax and the Basin of Mines, a sum of Fifteen Thousand Pounds be granted and paid to the Company now forming for that purpose, in manner following, that is to say : — The Company to be enti- tled to the sum of Four thousand pounds when the Communi- cation is open and navigable for Vessels drawing eight feet of Water, from the mouth of the Shubenaccadie River to the South-east end of Lake William ; — to the sum of Three Thou- sand Pounds when the Communication is complete, of the same depth, from Lake William to Lake Charles ; — to the sum of Three Thousand Pounds when the Communication is complete, of the same depth from Lake Charles to the south end of the Dartmouth Lake ; — and to the sum of Five Thousand Pounds when the communication is so completed, to the same depth, from the Dartmouth Lakes into the Harbour of Halifax. Provi- ded always, That no greater sum than Three Thousand Pounds be paid out of the Treasury in any one year, on account of this Grant. ACT VIIL GEO. IV. CH. XVII. Passed March, 1827. ^n Act in addition to the Act, entitled, an Act to authorize the Incorporation of a Company, for making a Canal by the River and Lakes of the Shubenaccadie. Whereas, by the said Act, the Governor, Lieutenant-Gover- nor, or Commander-in-Cyhief for the time being, was authorized to grant Letters Patent for incorporating, under the title of The Shubenaccadie Canal Company, all the persons, their Heirs and Assigns, who, from time to time, should be Adventurers or so Parties, in making n Navigable Water Communication between the Harbour of Halifax and the Basin of Mines, by the course of the River Shubenaccadic and the Lakes thereof: Jlnd whereas, pursuant to the said Statute, Letters Patent, under the Great Seal of the Province, and dated the first dr y of June, one thousand eight hundred and twenty-six, were duly, and in conformity to the said Statute, made and granted by His Majesty; whereby certain persons. Inhabitants of Hah fax, par- ticularly named in the Letters Patent, were incorporated by the Name and Title, and for the purposes aforesaid, as by the said Letters Patent, will, on reference thereto, at large appear: ^nd whereas some further powers and regulations have been found necessary for the better establishing of the said Company, and more effectually accomplishing tlie objects thereof; I. Be it therefore enacted by the Lieutenant-Governor, Council and Assembly, That all and singular the Lands, Works, Waters, Water Courses, Streams, Lakes, Channels, and all and singular other the Estate, Rights, Interests, Powers, Bene- fits, Privileges and Immunities, in and by the eighth Clause or Section of the said Act, granted to the said Company, for the term of ninety-nine years ; shall be, and the same are hereby vested in, and declared to be, the sole and exclusive property of the said Corporation, henceforth forever. II. And be it further enacted, That the Joint Stock, and Real and Personal Estate of the said Corporation, shall be liable for, and subject to, the payment of all Debts contracted by the Company ; and none of the present or future Members of the said Company shall be liable for the payment of any debt contracted by the Compaoy, beyond the amount of the Shares or Stock held by such individual Member. III. And be it further enacted, That the President, Vice- Presidents and Directors, of the said Company, named in the Letters Patent, or hereafter to be chosen, shall constitute the Board of Directors of the Corporation. And that such Mem- bers of the said board, as shall be directed in the Rules and Bye-laws of the said Company, shall go out of Office on the first day of March in every year ; and shall not be again re-elect- ed to the same Office before the next annual Meeting ; and the Persons chosen in their stead, or to fill any Vacancies in the said Offices not previously supplied, shall come into Office on that day ; and the General Meeting of the said Company, for the c h 1-1 21 choice of such Officers^ and for its general business, shnll ho held in the Month of February in every year, and at such time and place as the Directors shall appoint : The hrst annual Meeting to be held in the Month of February next ensuing the passing hereof. IV. *^nd be it further enactedf That at every annual Meet- ing, a full, explicit and correct account of the Affairs, Debts, Engagements, Property and State of the said Company, shall be by the Board of Directors prepared, and laid before the Stockholders ; who, if they think proper, may, at such or any future Meeting, choose fit and proper persons to examine and audit such account, and to report thereon : And all the Books, Papers, Accounts, Vouchers and Documents of the Company, necessary for that inspection and audit, shall be produced before, and be submitted to, such Auditors, by the persons having the same in charge. V. And be it further enacted, That whenever a requisition for a General Meeting of the Stockholders of the said Company shall be presented to the Board of Directors, signed by ten Members of the Company, the Directors shall cause such General Meeting to be held at some convenient time and place, within ten days ailer the delivery of such Requisition. VI. And be it further enacted, That upon complaint made on oath, to the Judges of the Supreme Court, at any of its Sittings in Halifax, that any person holding any office in the said Compa- ny, has been guilty of any fraud or criminal misconduct in ma- naging the affairs of the said Company ; or the Stock, Funds or Property, Real or Personal, belonging thereto; it shall be lawful for the said Supreme Court to examine into the subject matters of such complaint ; and to hear and try the same, either by Jury or in a summary way ; and upon conviction, to remove the Per- son or Persons so convicted, from the office held by him or them, in the said Corporation. VII. And be it further enacted, That every Vacancy occa- sioned in the Board of Directors, or other Officers of the Company, by the death, resignation or removal from the Pro- vince, of the person filling Sie same, or by the Judgment of the said Supreme Court, shall be supplied by the choice of another Officer at some General Meeting of the Company, to be specially convened for that purpose, agreeably to the Bye- laws. :^jil 22 VIII. And be it further enacted, That the Books and Ac- counts of the said Company shall at all times be open to the ex- amination of such person or persons, as the Governor Lieuten- ant-Governor or Commander-in-Chief, by and with the consent and advice of His Majesty's Council, shall appoint to inspect the same. IX. And be it further enacted, That no part of the Capital Stock of the Company, when paid in, shall be applied or convert- ed to the payment of any dividends whatever, to the Members of the said Company ; but shall be wholly applied to, and expend- ed in, the works of the said Navigation, and towards the mak- ing, using, navigating, and maintaining the same. And it shall not bo lawful for the said Company, unless thereto specially authorised, to make or execute any Bond, Bill, Note or Obliga- tion, to bind the said Company, for any sum of Money less than Twenty Pounds. X. And be it further enacted,. That no Bye Law of the said Company shall be in force, or executed, until the same is ap- proved of by the Governor and Council: — And no altera- tion amendment or repeal, of any such Rules or Bye Laws of the said Company, shall be of any force or effect whatever, unless the same shall be also allowed and approved of by the Govern- or and Council, in such and the like manner, as by the said Letters Patent is appointed with respect to the original Bye- laws. M And Whereas, it may happen that the said Canal or Water Communication, or the works thereof, may be injured by unforeseen accidents, whereby the navigation thereof may be interrupted, and the Lands adjacent thereto be exposed to damage : XI. Be it therefore enacted, That for the speedy reparation cf such injury, whenever and as often as such case shall happen, it shall be lawful for the said Company, and their servants, to enter with Workmen, Carts, Carriages and (Jattle, upon the Lands contigiic.is to the said Canal, and the Works connected there\vith ; and thei oon and therefrom, to dig, work, get, carry away and use, all such Stone, Gravel, Clay, I'imber and other matorialK, Fruit Trees and ornamental Ti.nher Trees excepted, as may be necessary or ])roper, in the DjHiiion of the Company or their Servants, for such reparation ; doiuir ns iittlo damage thereby, as the natin*e of the case will ;)(iiMit. And in case damages shall be claimed by the o\mm r or owners of any land 23 entered upon for the purpose of obtaining materials as aforesaid, and the Company cannot agree with him or them, touching the extent cr payment of such damages, then the amount thereof shall be ascertained and settled in the manner hereinafter pre- scribed. XII. And be it further enacted, That whenever any damage, trespass, waste or injury, shall be done to any person in his lands, rights or property, by making or opening the said Capal or Water Communication, — or by the erection of any of the Dams, Locks, Embankments or Works thereof, — or by the flooding or overflowing any lands, — or by diverting the Waters of any Stream or Lake from the person or persons legally entitled to the same, or to the use thereof, — or by entering upon a^y Lands contiguous to such Canal, and digging, cutting, carrying away c. jsing, any Stone, Gravel, Clay, Timber, Wood or other materials, for the purpose of the said Canal, or the works thereof; — or by any other way or means whatsoever, injuring or impeding such rights Oi property, — it shall and may be lawful, either for ti.e party grieved and subjected to injury, or for the said Company, to ap- ply to any two Judges of the Supreme Court of the Province, by Petition, stating the nature and situation of the lands, rights or property injured, and praying for the appointment of a[>- praisers to estimate the same. Whereupon the said Judges shall direct proper notices to be given to all parties interested, to attend before them, at a day and place to be appointed for the purpose, and shall, at the time so appointed, call on the Com- pany and party injured, each to nominate one or two appraisers, as the said Judges may think necessary. And the said Judges shall name another appraiser; and shall, by an order in writing, constitute and appoint the persons so chosen and named, to act as appraisers of the damages arising from the injury complained of; and in case the said Company or party injured, shall neglect or refuse to name appraisers as aforesaid, the said Judges shall name a lit and discreet person or persons, as the case may require, to act on behalf of the said Company or person declining to make such nomination when called on as aforesaid. And the Pct'sons so named imd chosen shall, before they enter upon the duties of their appointment, severally take and sub.^f-ribe an Oath before a Judge of the said Court, faith- fully and impia iially to perform the trust and duties so required of them, by tho order of the said Judges ; which oath shall be filed with tho said Petition in the office of the Prothonotary of the said Court at Halifax. And the said appraisers or a majority of them, shall ninlvc u just and equitable f ♦imate and appraisal of the loss and damage of the respective owner or owners, or parties interest- III 24> ed in the lands, rights property or premises, so entered upon, injur- ed or pretended or alleged to be injured or impaired, by the said Company, and shall certify and return their determination and a- ward in writing, under their hands, or the hands of the major part of them, touching all such damage, loss and injury, of whatsoever nature it be, into the office r f the said Prothonotary of the Su- preme Court at Halifax. Whereupon if the said Court shall be of opinion, that the said award hath been fairly, equitably and impartially made, and if no good and sufficient cause shall be shewn against such award and determination, the said Court shall allow and confirm the same. And thereupon, the said Company shall, within such time as the Court shall appoint, pay and satisfy into the said Court, or unto the person or per- sons whom the Court shall find entitled to receive the same, the amount so awarded, together with such costs and expenses as shall be adjudged against the Company in that behalf. And the payment of the amount so awarded, and Costs, shall forever discharge the said Company, their servants and all persons act- ing for the said Company, from, and be a bar to, all actions, suits, claims and demands whatsoever, for or in respect of such trespass, damage, loss or injury done, committed, suffered or sustained by the means aforesaid. XIII. And be it further enacted, That the said Judges, and also the said Supreme Court, shall have, with respect to the proceedings touching such appraisement and estimate of dam- ages, by the means aforesaid, and with respect to the taxation and allowance of costs to or against the parties, all necessary discretion, powers and authority ; and shall and may inquire into the proceedings, by the oath of witnesses, or otherwise ; and shall and may also, on good cause shewn, set aside any such award and appraisement, and either direct the parties appraisers again to view, estimate and decide upon, the injuries and dam- ages complained of; or otherwise, if the Court shall think it ex- pedient, the said Court shall and may nominate other appraisers ; and make an order for their making a new appraisement and vahiation of the damages arising from the injury complained of; and the appraisers, so nominated, shall be sworn as afore- said, and the award and appraisement so by them, or the major part of them, made and returned in writing, when confirmed and approved of by the Court, shall be final between the parties, and may be carried into effect as aforesaid. Pro- vided always and be it further ena (ed, that the award made on the second appraisement shall be final and conclusive to all intnnts whatsoever. fi5 J-IST OP SHAREHOLDERS 0/ the Shubenaccadit (^anal Company^ With tba number of (Dartmouth) - ) I 25 John Farquliar David Fletcher A. Fiddes Wm. Foster W. B. Fairbanks A. Folmer Fairbanks & M'Nab Rufus Fairbanks G. T. Fillis James D. Fraser John Fielding A. Farqulrafsow John Farquhar^iony jr. I Charles li. Fairbanks 8 1 2 i 2 2 1 4 4 1 5 1 1 16 Adam Essoii $ 50 Benjamin Ettcr 1 25 John Elliott 50 Benjamin Elliott 1 ^5 25 50 35 50 50 25 100 100 25 375 25 25 25 200 Hcv. Edwin Gilpin Wm. (xordon 1 ild Sir Uupcrt D. George 4 10(1 4ll00 1 25 Lawrence Hartshornc A. H. H Hand John Harvic Philip J. Holland Bartholomow Haokett David Hare Philip H olden E. J. Hobson George Handley John Howe, jr. Wm. Hague J. D. Hawthorne James Hamilton Higgins & Brown; Ajidre jq-q iq q Parker's Point, --------^ Ten per cent for contingencies, - - - - 1131 13 10 Total expence for 5th Sec. 38 miles and 1486 ydi. 1.12,448 13 4 i% S2 O % D < Q a a 03 B o O c» 0> s C3 ^gS5S i-N t- 05 CO k3 ^ S o o « « ICOCD -^QO "5 05 to ^^ '-^ Q en ■? o o t- G^ Ol Ol X <« « -^ S .1 8 : •^ *• >• b S 0) a) PQ QQ - « fl rt •s 1 1 2 a a X >( X B bC a< &I-M » a X >( X B Miu;; ;;&! ^ xt CO o o > O CO ■r m BYE LAWS AND r ORDINANCES bp Till BHUBEJVACCdDIE CJJVAL COMPANY. AT a General Meeting of the Proprietors in the Shu- benaccadie Canal Company, coliveiied by public notice given in the Gazette Newspaper, and held at the Ex- change Coffee House in Halifax, on Thursday the twen- ty-first day of February 1828 ; by the consent and agree- ment of the major pari of the said proprietors present, — and for declaring, making and establishing the Bye Laws, Rulesy Constitution and Management of the said Com- pany, and the affairs and business thereof ; it was and is ordained, declared, constituted and enacted^ in man- ner following, that is to say : 1. THE Shubenaccadie Canal CoMpan* is eonstituted, by and under the Charter or Letters Patent of Incorporation, da- ted the first day of June 1826 ; granted under the Great Seal of Nova Scotia, to the Honorable Michael Wallace and his Asso- ciates, pursuant to the Act of the General AiSsembly of Nova- Scotia, therein recited, and entitled " an Act to authorise the *^ Incorporation of a Company, for making a Canal by the river « and lakes of the Shubenaccadie." The Company is entitled to and bound by all the authorities, privileges, rights and con- ditions expressed in the said Charter, and Act therein recited, as also those contained in the Act of the last Sessrion of the General Assembly mtide m addition thereto. The Subscription piipers or agreements, made in the year 1826 with the Honora- ble Michael Wallace, are recognised and adopted as the original ifistruments of association of the partie^s i;icorporated by the Charter. , Si 2. Tlic ol)jt'(t,s and purposes of the C'onipan)', and the under- taking lor M liicli it i.s (brnied, are : — to make open and complete a Navigable Canal or Water Communication, of the depth of eight feet at the least throughout, and of a proportionate breadth from the Harbour of Halifax to the Ba.sin of Minea, by means of and through the Dartmouth Lakes, and the Lakes and course of the River Shubcnaccadie, or as near thereto as may be expe- dient, — so as to form a navigable Channel and Canal for the pas- sage of Boats and Vessels, to and from the Harbour of Hi' lilax and the Basin of Mines respectively : — To construct all the Locks, Reservoirs and works necessary to this Navigation :-— To provide and erect all Machinery, Bridges and Buildings pro- per or necessary therefor : — to procure all lands and other con- veniencies for the profitable use thereof;— To keep the whole in repair : — and to take the Tolls, Income, and Benefits of the Navigation for the common profit of this Company. D. The Capital or Joint Stock of tlie Company is fixed by the Charter (with power to enlarge it) at Sixty Thousakd Pounds Currency of Nova Scotia, divided into twenty four hundred equal Shares, of twenty five pounds each — No Share shall be divisible, nor less than a whole share be subscribed for or transferred. The shares shall be numbered in regular pro- gression, and be thenceforth distinguished by their appropriate numbers. 4. Every Share, now or hereafter to be subscribed for, taken or held in the Company, by any person or persons. Bodies politic or corporate, in their own right, or as Successors, Exe- cutors, Administrators or Representatives, of or to the ijrst or preceding holder or subscriber, constitutes the party holding the same, whether male or feinale or consisting of one or more individuals, a Proprietor in the Company ; and being so taken and held is absolutely vested in such Proprietor, for his her or their use and benefit, and renders such Proprietor subject and liable to and chargeable with the payment, to the Company, of the sum of twenty-five pounds in the whole, on and for such Share, and in and by the calls or proportions- that have been cit may be assessed thereon ; and entitles such Proprietor pfiying the same, to a just and due proportion, on such Share, of the profits and property of the Company. But no Share held in Mortgage shall entitle the holder to be present or vote at meet- mgs of the Company. And where a share is held by more than one indivMual, every vote thereon shall be given by that one of the joint Proprietors present at the Meating, who shall ho, first named in the Registry of the Share. - ' 95 5. The Shares arc moveable or personal property, and may descend to Hcprcsentalives, or be disposed ol" by Will, or he sold and transferred in the manner hereinafter provided, or be transferred by Act or operation of Law. But if the proprietor of any share become indebted to the Company n>r culls or other- wise, all shares held by such Debtor and the profits arising therefrom, are hereby declared burthened with and subject and liable to and pledged for such debt, preferably lo every As- signee, Creditor, or Representative of such proprietor 5 and .the same may be applied by the Directors accordingly. 6. The whole business, affairs and concerns of the Compfmy, are intrusted to and shall be managed by a Committee of Man- agement or Board of Directors, twelve in number, consisting of the President, the two Vice-Presidents, and the nine other Di- rectors named in the Charter ; and of their respective succes- sors chosen in the manner hereinafter provided. The Secretary of the Company named in the Charter and his Successor for the time being, whether present at its meetings or otherwise, acts as Assistant to and under the control and direction of this Board. Seven Members of the Board are competent to the transaction of any business whatsoever. 7. The Board of Directors sliall meet together for the business of the Company once at the least in every month : and also whenever the President directs^ or any member of the Board re- quires, it to be assembled. The time and place of each Meeting shall be fixed by the senior member of the Board as named in the Charter or elected, and a written notice thereof signed by the Secretary or Clerk, shall be delivered to each member, or left at his usual place ofbusiness or abode at latest on the day preceding the meeting. 8. If within one horn* after the time fixed for the meeting, seven members fail to attend ; the meeting is dis^lvcd until a n»w notice is given therefor. 9. Every vacnncy in the office of President or Vice President, shall be forthwith supplied by the Directors liom among their own numben 10. The Seal now prepared and used by the Board, is declared the Common Seal of the Compai¥y. All Deeds, Obligation^ and Instruments sealed therewith, and signed by the President 01' a Vice-President and the Secretary, shall bind and charge rii l( ?i the Company thereof. oe and the Joint Stock IVfids and Properly 11. At all meetings of the Company and of the Board of Direc- tors, the President, and in his absence one of the Vice-Presi- dents, and in their abfience the Senior Director named in the Charter or chosen to that office^ shall preside and be Chairman of that Meeting ; and shall not only have . s deliberative Vote or Votes as a Member, but, in case of eq^aality of Votes on any que«- lion or election, shall haro a casting Vote besides. Every ques- tion shall be deciaed by a majority of votes, ^^vcry such Meet- ing may be adjourned from timr to time and irom place to place | and if desired the names of the Memberu voting on any qticstioDj. shall be taken down and entered. 7.2. The orders and proceedings of every MwCtittg of the Company or Beard of Directors, and na»es of the parties present thpfaf, shall be entered by the Secretary, or person approved by the Board attending for him, in a Book to be Kept for that purpose ; an^ shall then be signed by the Chairman of the Meeting ar^d Secretary or Clerk ; and being so entered and signed, shall on all occasiona be taken allowed and read as the original votes, orders, and pro- ceedings of such meeting. 13. A proi 3r Book for the registration of the Shares in the Com- pany, shall be prepared and kept by the Secretary, wherein shall be entered fairly and distinctly the names and designations of every Proprietor in th<» Con^pany, and the number of his Shares, with their respective distinguishing numbers. Also the names and de- signations of the respectiye Assignees or Representatives, to whom such Shares respectiveiy may be transferred or devolve, with the dates of the transfers. This Book or Books shaK be called the Register. 14. A Ticket or Stock Certificate, in the form pi^escribed by the Board, and under the Common Seal and Signatures of the Presi- dent or a Vice President and Secretary, shall be prepared for each Share, and bearing the same number and the name of the same Proprietor as shall stand registered thereto, and on request shal.l l>e delivered to such Proprietor : and constitute on all occasions, full evidence ofhis or her title to the Share specified therein, until a transfer thereof be registered ; but the want of such Ticket shall not preclude the registered Proprietor from selling or transferring such share, or from receiving his due proportion of the profits of tjhc Company. 15. Every transfer of a Share shall be made in writing in such form «s the Board shall prescribe ; it shall be signed by the Proprietor or his Agent, or other person lawfully authorised to convey the same, and shall be accepted under the signature of the Assignee or bis Agent. The Stock Certificate shall also, if in the posses- sion of the party transferring, be indorsed by biro and be delivered to the Assignee ; and upon production of the Instrument of Trans- fer at the offico of the Company, or to the Secretary, he shall register the same n.nd deliver if required, to the Assi;jnee, a new Certificate in his name, or the old Certificate with the transfer en- dorsed thereon. The Board shall prescribe the form, and decide oil the sufficiency of Letters or Powers of Agency fo/ transfers, and the validity of transfers ; andnotransf shall be complete un- til Registered. Until that Act the Share belongs to the Propri- etor on the Register. 16. Every Assignee and Successor to any Share crBhares in this Company, shall be subject to all the Bye Laws and Ordinances thereof, in the same manner as if they had subscribed the Deed or Instrument originally signed by each Proprietor ; and the accept- ?mce and registration of every transfer, constitutes the Assignee a Proprietor in the Coi..pany for the Share transferred, and to the same extent, and with the same rights and liabilities as the former praprietor ; but such Assignee shall not vote until ten days softer the registry of such transfer. 1 7. No Share shall be transferred until twelve pounds ten shilling! are paid Lhereon ; and after any call or calls rcide, no transfer $hali be ):egistei^d until ail arrears on such Share are discharged. 18. An annual General Meeting of the Proprietors ;jhallbe held yearly in the month of February, at s«rae day and place to be ap- oointed by the Board, for the choice of Officers, the consideration of rnd to disovss and consult upon the affairS| state and : audi- tion of thj Company, the making, altering or repealing the By« Laws and Ordinances of the Company, and for the general super- intendance ot'the affairs and business thereof :-<—Alsa to exercise allti'e Powers, Privileges and Authorities by the Charter and Acts a^resaid, vested in the Company, and not committed to th« Board of Directors. Special Meetings of the Proprietors for any particular purpose or business, shall z^lso be held, when desired by the Board or by any one Member thereof, or by a requisition therefor, signed by ten Proprietors : the time and place for such Special Meetings shall be fixed by f^e Board, but the time shsUl not exceed ten days from the receipt of the requisition ihejiefor.. I 38 19. Thirty Proprietors, holding at least One Hundred Shares^ are necessary to constitute an Annual or Special General Meeting. Proxies are net included in this number. And if that number of Pro- prietors holding at least One Hundred Shares, do not attend with- in one hour after the time fixed for the Meeting, the senior Mem- ber of the Board, or if no Director be present, the Secretary or Clerk shall adjourn the Meeting to the legal next day at the same hour ; and if on the second day the necessary number of Proprietors be not present within an hour aflcr the adjourned time, the Meetin|^ thall be dissolved for a new summons. SO. Every Meeting of the Proprietors ah all be called by public Advertisement in the Gazette, and by written Not ices delivered to each Proprietor or Proprietor's Proxy, residing in Halifax or its- Vicinity, or left at his usual place of abode or business. The day, hour and place of "nceting to be also specified, and if the Meeting be special, the purpose of calling it. The advertisement to be in- serted at least six days before the day of Meeting, and the Noti- oes to be given at latest on the day preceding it. 2"? At a Special Meeting or the adjournment thereof, no Busi- Smss shall betrimsacted except that for which it was summoned. 22. At each Meeting theJProprietors may Vote in pcison, or by^ a proxy constit* ed by such Instrument as the Directors shall pre- scribe or approve. The Proxy of a Proprietor, resident in the Province, must be a Proprietor entitled to Vote. The Proxy of a Proprietor, resident out of the Province, may be a Proprietor or any other individual. No person can hold more than five proxies for such Proprietors resident in the Province. Proxies for non resi- dents ara unlimited. S3. Every Proprietor and Proxy shall have Vatcs at every Meeting, according to their respective Shares, and in the follow- ing proportions — that is to say One Vote for 1 Share, Two Votes for 4 Shares, Three Votes for 8 Shares, Four Votes for 12 Shares, Fiva Vet«8 for 16 Shares, Six Votes for 20 Sharefs, Seven Votes for 25 Shares,. Eight Votes for 30 Shares,; Nine Votes for 35 Shares, Ten Votes for 40 Shares^ and upwards. 24. All arrears due on any Share, for calls made thereon and in: arrear for sixty days, must be paid up before the Proprietor can Tata thereon 39 S5. The boolis of tlie Company shall be balanced up to the 31st ^ shall not be re-elected until the succeeding Annual Meeting. 27. The Office of any present or future Member of the Board, and of the present or future Secntar}', is declared vacant by death, resignation, permanent removal from the Province, or by the offi- cer ceasing to hold a Share in the Compan;- The office of Secre- tary may a'x be declared vacant by Yoteoi the Annual Meeting. 28. E/i, J Vi cant Office shall be supplied by the election bf a Proprietor; su ;! Election may be made at a Special Meeting, if the Vacancy occurs after the Annual Meeting, and previouei to the Thirty -first day of December in any year ; otherwise it shall take place at the Annual Meeting. At the Annual Meeting persons shall be elected to supply the place of the Members of the Board who annually go out of.Office, — also persons to supply the other elective Offices of the Company, not previously supplied. The Officers lected at the Annual Meeting enter upon their Office on the firs i -y of 3Iarch in every year. i' 40 I'' Hi 59. The Board of Dii ttors for the time being, of the Company^ shall have full power and authority to meet and adjourn from time to time and from place to place as they shall think fit ; and also to direct, manage and transact the affairs and business of the Com- pany, as well in issuing, laying out and disposing of all Sum and Sums of Money, to be issued, laid out, or disp'>sed of for the pur- poses of the same, — as in making, cutting, opening and completing the said Canal or Water Communication from Halifax Harbour to the Basin of Mines, in the manner and for the purposes specifi- ed in the Charter, and Acts of the General Assembly relating to the same ; in entering into, making and fulfilhng any contracts or agreements with the Present Contractor or any other or future Contractors, for the making, digging, and completing the said Canal and the Works thereof ; in purchasing, hiring, contracting for and obtaining for the use of the Company, any Messuages, Buildings, Lands, Wai,ers, Hereditaments, and privileges what* soever ; in erecting and building Locks, Lockgates, Basins^ Sluices, Embankments and ether Cc"*al Works, Toll Houses^ Gates, Bridges, Tracking-paths, Boa i \ all other Erections and Buildings whatsoever; and in providu: arnishing and erect- ing any machinery, implements or utensils, and any steam or other engines, and tools, tackle and convcniencics necessary or proper for the opening, completing and beneficially using and enjoying the said Canal and the Works thereof; in letting, selling and dis- posing of any of the property, buildings, lands and privileges of the Company ; in making and using all Tunnels, Ways, Roads, and Rail-Ways ; and in executing and carrying into effect the said undertaking, and the several objects, intents, and purposes- of the Company ; and in otherwise ordering, directing, and em- ploying Works and Workmen, and selling and disposing of any goods, matters, products and things to be made, obtained, arise or proceed thereby or therefrom ; and in making, enforcing and carrying into effect, all contracts and bargains touching or con- cerning the same ^— Subject nevertheless to such Orders, Bye- Laws, Rules and Regulations, as are herein or shall at any time be duly made by the said Company or other lawful Authority, in constraint, control or regulation of the powers and authorities by these present or any other Bye Laws, vested in and granted to the gaid Board. 30. The Board of Directors shall and they are hereby authorised and empowered from time to time, to nominate and appoint one or more Banker or Bunkers ; and also a Clerk to the said Company subordinate to the Secretary thereof j and one or more Receiver or Receivers, Collector or Collectors of all Sums of Money pay- !f; a fct)ie or to become due and payable to the Company — and also such Engineers, Surveyors, Officers, (Jlerks, Agents and Servants (except as aforesaid) as the Board shall think proper and expedient for the purposes, objects, and business of the Company ; and also from ti^le to time to alter and change, dis- miss and discharge any of the said Bankers, Clerk, Receivers, Collectors, Engineers, Surveyors, Clerks, Officers and i er- vants as there i^hall be occasion. The same power to dismiss or discharge Officers shall belong to a General Meeting. dl. The Board shall be authorised when and so often as they Inay aee occasion to demand and take from the Secretary, (. lerk Receivers, Collectors, and other Officers and Servants of the Company, such Bonds and Obligations for the due and punctu- al performance of their respective duties and payment of the Monies and funds of the Company, and with such sureties and under such penalties and engagements, as to the Board may seem expedient of reasonable, and to alter, change, release and renew or enforce the said Bonds and Obligations respec- tively. 32. The Board shfJl and they are hereby empowered from time to time, to make levy and assess upon the several and res- pectiv«j Shares taken, i^ubscribed for or held in the Company, a&d upon the respective proprietoTs thereof, such and so many Calls, Rates, and Assessments . .s the Board may deem it pro- per or expedient to make, for the collecting and getting in the Amounts now, or from time to time to be subscribed for and contributed to the Capital or Joint Stock of the Company : each Call being limited to fiily sellings or ten per cent, on each Share, and an interval of Sixty days at least intervening between each Call; ' '■ ' ' ^. Thii*Said Board shall and may from time to time make, establish and put in execution all such Rules, Orders and Re- gulations as they may deem proper or Expedient, for the well and orderly using the said Catiaf oif VTater Communication, and the Tunnels, Locks, Sluices, Aqueducts, Railways, Paths, Feed- ers, Wells, Trenches, Reservoirs, Dams, Wharves, Gates, Bridges, Cuivertsj Engines and other Works thereto belong- ing ; and for regulating the commencement, continuance, cessa- sation, suspension, turn and order of the passing and repassing and navigating of all Vessels, Boats, Barges, Rafts, Persons, Carriages and Articles whatsoever ; and the structure, dimen^ I 42 sions, form and manner of building and c onstructingof all such Vessels, Boats, Barges and Rafts, as from time to time shall be used upon the said Canal or Water Communication, towing paths, roadways or wharves ; and of the Oars, Poles, Wheels, Engines, and other Implements to be used about or with the same respectively ; and the carrying of all Goods, Ware's, Merchandize, Articles and things whatsoever which shall be navigited or con-eyed thereon ; and for the orderly behaviour of all Bargemen, Watermen, Boatmen and others who shall be employed in carrying or conveying any such CJoods, Articles or things whatsoever ; and for the superintendance and manage- ment of the said Canal in all other respects whatsoever 5 and ii'om time to time to alt€r and repeal such Rules, Orders, and Regulations or any of them — and to impose and inflict such rea- sonable forfeitures of wages, upon all persons ofiendiivg against &uch Rules, Orders and Regulations, for any offence as to the said Board of Directors for the time being shall seem meet and expedient. 34. All Rules, Orders and Regulations so to he made as a- foresaid by the Board, being reduced into writing and signed by the President and Secretary and sealed with the seal of the Company, shall be binding upon and be observed by all Mem- bers, Officers and Servants of the Company, and all other Per- sons using or in any wise eoncemed ire the said Works. Pro- vided that such Rules^ Orders and Regulationsof the Board be not repugnant to, or in violation of the provisions, conditions, and restrictions of the Charter and the Acts and Statutes of the Province, passed or to be passed in relation to the said under- taking : and Provided the same be confirmed as the Bye Laws, Rules and Regulations made by the Company are required to be confirmed. And Provided also that copies of such Rules', Or- ders an'I Regulations so to be made by the Board, or such of them 35 shall concern or relate to the using of the said Canal and Works ; and the Locks, Reservoirs, Aqueducts, Roads,^ Ways and Appurtenances^ belonging thereto ; or ta= the con- duct and behaviour of Bargemen, Watermen, Boatmen or others con-veying goods thereon 5 or to the conduct and behavi- our of any Officers, Servants or other persons employed in or about the said Canal or Works, or of the persons resorting to- or making use thereof, shall be written or printed in large characters, and be affixed and continued in some conspicuous place or places upon or near adjoining all the Locks and Wharves on the said Canal, and be renewed as often as the same shall be oblitertited or defaced. ,< 43 35. The said Board of Directors shall have power and authority in case they shall think it meet and expedient so to do, to borrow and take up at Interest or otherwise, and raise any part or parts of the said Original Sum or Capital of Sixty Thousand Pounds on the credit of the said undertaking, by Assignment of any Hates, Calls, or Assessments on the Proprietors, or by assign- ment or transfer of any number of the Shares in the Company not taken up or subscribed for, or in any other way or manner by which the Funds, Property, Shares or Capital or Joint Stock of the Company may be made available for the security of the persons advancing or lending Money to the Company. Also to agree for, fix and settle the rate of Interest on such loans, and the time and terms and manner of p.iyment, and the nature and form of the Conveyances and Instruments to be exe- cuted for such borrowed Money. Also to consent and agree to any condition or charge upon the funds, effects, Property and Shares of the Company in every case where in consideration of such condition or charge, any monies profit, notes or beneficial inte- rest or advantage to the Company may be at any tim.e and in any manner lent, given, or advanced to or vested in the said Company; and all Monies so raised^ taken up on interest, borrowed or ob- tained by the Board for the purposes of the Undertaking, and all accruing Interest thereon, and all charges and conditions under which monies, powers, privileges or benefits as aforesaid may be conferred on the Company, shall to all intents and purposes what- soever, bind, charge and oblige all the Stock, funds and property of the Company, or so much thereof as shall be so mortgaged, as- signed or made chargeable as aforesaid, and shall so far as regards any money thereby borrowed and secured at Interest, be and be- come preferable securities against the Company, and be paid or provided for before any yearly Dividends of Profits can or may be ordered or paid to the Proprietors. Provided always, that by rea- son of any such Loan, Charge or Mortgage, no greater sum than Twenty-five Pounds, the original amount of each Share can or shall on any pretence be levied thereon. 36. The Board of Directors shall likewise have power and autho- rity by Deed or Writing, under the Seal of the Company, subject to revocation by the Board to nominate, empower and appoint any Person or Persons to act for and be the special Attorney of the Company, for special purposes out of this Province, as well for making, agreeing to or negociating any affairs, business, con- tracts or agrecjnents on behalf of the Company ; as for entering into, making, signing, executing and delivering for and in the " ' '"'""^panv, any Deeds, Writiriffs, Securities, Con- tracts, ObHp;ation««, Mortgages or other Papers whatsoever, which the Board may have power or find it necessary to do and execute by Attorney. The Board may also appoint an Attorney in this Province to appear for apd represent the Company in any Courts and upnn any business or oecasioni and before dpy Judges or Persons whomsoever — and to sue, prosecute or defend any ac- tions, suits or proceedings in which the Company may be concern- ed or interested. And it is hereby declared that all Aots^ Deeds, Securities, Writings and Engagements, signed, entered into or made by such Attorney or Attornies, conformable to the instruc- tions of the Board; shall be valid and effectual and bind the Com- pany, notwithstanding the Seal thereof and Signatures of the pro- per Officers be not set thereto ; and al} other the lawful proceed- ings and doin<;s of such Attorney, undrr the letter oi Attorney given by the Board shall stand ratified and confirmed. 37. If any one of the Members of the Board absents himself for four successive Monthly Meetings of the Board, without leave thereof, the other Members may if they think proper, at a Speci- al M eting of the Board, declare the sent of the Member so abr Senting hiipse^f tp be vacant. 38. Towards raising the Capital or Joint Stock of the Compa- ny, and the fundi' for carrying on the said Canal and undertaking, the present and ftttut^'.proprietors in the Company shall, and they are hereby rec|uired'to pay to the Secretary or Officer appointed to receive the same, the amount of ihe Shares by them respectively subscribed for, taken or held therein, at such times apd by such Calls, Instalments and Contributions, as have been or shall be re- quired or appointed by the Poard oif Directors, and according to the several Hates or Assessments made or to be made on each Share ; and in case of default by any Proprietor in making pay- ment of any such call or assessment at the time or date when the same is appointed to be paid or within at least thirty days thereaf- rer, the said Board shall and is hereby required in the name of the Company or otherwise, to sue for and recover the same by action or suii at Law, or otherwise against such Proprietor making de- fault, or, in the option of the said Board of Directors, to declare the Share on which any su;}h call or assessment shall be unpaid, forfeited to the Company, and the Proprietor failing to pay as a- fore.said, to be a Defaulter in respect of such Share and no longer a Proprietor in the Company in respect thereto ; and if the Board adopt the alternative of declaring the Share forftJted in preference to proceedins^ for recovery of the arrears by action or suit against the Defaulter, then the Share so declared forfeited for non payment 45 of the arrears due thereon shall and luay bo sold nl anytime it f.ih* lie auction) after being advertised ti r thirty days in the Gazitte Newspaper at Halifax, and shall be conveyed to the Purchaser by a Transfer, to be executed by one of ihc Vice IVesidcnts, who are declared the proper Oflicers ibr this purpose ; and Ihc Board shall be entitled to receive and discl)ar;fc the price for which such share shall so be sold, and shall out of the price pay olT and satisfy tb.e lexpenses of the sale, and the arrears due on the share when sold with the Interest since the calls were due ; and account for and pay over the surplus when demanded to the Deficient Proprietor ; and thereupon all further claim of such Proprietor and his Repre- sentatives shall, in respect of the Share so forfeited, upon the Company and the Capital Joint Stock and fimds thereof, be and stand entirely discharged and extinguished. Every such Propri- etor, deficient or making default, ceasing from the moment of the Sale to be (in respect of the share sold) a Proprietor in this Com- pany. 39. The Board shall fix and appoint the amount or extent of every Call or Assessment, payable on each Share and the time of pay- jnent thereof. Notice thereof shull be advertised in the Gazette Newspaper at Halifax for thirty days, preceding the time fixed for the payment ; and shall also be delivered to each Proprietor or his Representatives, or be left at his or their last or usual place of a- bode ; if in Halifax or its Vicinity, Twenty days at the least be- fore the day of payment. The Notice delivered or left for each proprietor, shall specify the number of Shares held and sum to be paid thereon. 40. The forfeiture of a Share is incuri'ed by non payment of a Call in Thirty days after the lime fixed in the Notice, for paying the same ; but must be declared by the Board at some Meeting there- of held after Sixty days from the time such forfeiture is incurred. Before declaring the same the sufliciency of (he Notice is to be as- certained and decided on by the Board. Upon the forfeiture being so declared, the Share forfeited vests in the Company until it be sold and transferred, unless the defaulter pays the amount due be- fore the Sale. 41. Whenever more Shares than one are held by a Proprietor who is declared a Defaulter for the acrcars thereon, no greater number of the Shares of such Defaulter shall be sold than will suf- fice to pay the arrears due on all his Shares collcciively, together with the Interest on the arrears, and the expenses of Sale ; and on these amounts being paid and satisfied, either by sale of part of 46 ■f- thft forf« itcd Shares or otlionviso, the remainder therrof shall re- ki Tfcrt to and a!2;ain vest in the d* rauUinjjj Proprietor, and become his ^ property in the same manner as it' no forfeiture had been incurred. 42. In all cases wherein it may be requisite or necessary that any Notice or Notices, Writ or Writs, or any lc;;al proceedings, shall be served upon the Company, the service thereof upon the Secretary of the ('ompany, or the l*resident, or a Vice President, or any Director of the Company, shall be deemed good and suffi- cient service upon the Company. 43. At each Annual or some Special l^Iceting, in every year afler the completing and making nuvi*;able the said Canal and Water Communication, there shall be made, if the clear receipts and gains of the Company admit thereof, and the Proprietors shall so adjudge thereof, a dividend or dividends of the clear residue oC the gains, profits and advantages acquired during the preceding year; after deducting from the gross receipts, the payments, sala- ries, outgoings and other expenses of the Company or incurred thereby ; and such dividend or dividends shall be at and after the rate of so much for every Share held by the Proprietors thereof, their Executors, Administrators, Successors and Assigns, as such Meeting or Meetings shall think fit to appoint and determine. 44. No Dividend whatsoever shall on any pretence te made, whereby the Capital of the Company shall be in any degree redu- ced or impaired — nor shall any Funds or Money, granted by the Legislature or otherwise in aid of the undertaking, be the subject of any dividend among the Proprietors. 45. All Acts, Votes, Resolutions, Calls, Assessments, Contracts and Proceedings of the Association before the Charter, and of the Company since the same, or of the Board ofDirector^, heretofore had, made, agreed to or taken, are hereby severally and respective- ly adopted, ratified and confirmed, in all respects and to all intents whati)Oever, as the Acts and proceedings of this Company. Thus done, resolved, passed and agreed to at Halifax, Nova Scotia, on the day and in the year first above writter- "''.•':M^'^' ■i¥i 47 AN ACT TO AID THE SHUBENACCADIE CANAL COMPANY. '^ WHEREAS the early completion of the Shubenaccadie Ca- nal or Navigation, will essentially promote the Trade and Agri- culture of this Province. And whereas in addition to the funds already obtained by the Shubenaccadie Canal Company, towards their said Undcrtnkinjnf ; it is estimated that a further sum of Fifty Thousand Pounds, will be required to complete and open the said Navigation, from the Harbour of Halifax to the Basin of Mines. And whereas towards aiding the said Company, to raise by Loan or by Subscriptions to the Capital Stock thereof, the said amount of Funds still required for the purposes aforesaid ; it is expedient to guarantee and assure to those, who shall advance, lend or subscribe for the said Funds or any part thereof, a reason- able Annual Interest on their advances for a limited period. Be it therefore Enacted by the Lieutenant Governor, the Coun- cil and Assembly, that in each and every year for the space of ten years, commencing on the first day of January, One Thou- sand Eight Hundred and Thirty, and ending on the first day of January One Thousand l^ight Hundred and Forty ; it shall and 48 may be lawful for the Governor, Lieutenant Governor or Com- mander in (.^hief for the time being, to draw by Warrant on the Treasury &f this Province, for such sum of money— not exceed- ing in the whole in any one year, the sum of One Thousand and Five Hundred Founds Currency, as will suffice to make good, pay and satisfy unto ill such persons, as shall hereafter lend or advance to the said Company, any sum or sums of money towards raising the l^unds aforesaid ; or who shall hereafter subscribe for and take Shares in the Capital or Joint Stock of the said Com- pany, towards raising the funds aforesaid, the Just and full Inter- est of Five Pounds per Centum per Annum, on their said respec- tive loans or subscriptions ; — or so much and: Com- )Bthc cced- i and good, nd or vards >e for