of August which will be in the year of our Lord one thousand eight hundred and forty eight, and then to be subject to such amendments as the Legislature shall think proper to make.

10. This Act shall not go into operation until Her Majesty's Royal approbation be thereunto had and declared.

[This Act was finally enacted, ratified, and confirmed by Order of Her Majesty in Council, dated the 3rd day of September 1844, and published and declared in the Province the 25th day of September 1844.]

8th VICTORIA-CHAPTER 55.

An Act to incorporate the Nashwaak Boom Company.

Section.

1. Incorporation of Company. 2. Capital.

3. First meeting, when.

4. Deposit, when to be made.

5. Navigation preserved.

6. Booms, when to receive lumber.

7. Charges for securing same. 8. Lien for boomage,

Section.

9. Rafts boomed, how protected, &c.
10. Disputes, how settled.

11. When shares may be assessed, &c.
12. Debts, who liable for.

13. When powers of Company to cease.
14. Private property, how protected.
15. Limitation.

Passed 27th March 1845.

WHEREAS the erection of a Boom or Booms at or near the mouth of the Nashwaak River, in the County of York, will be a great benefit to persons engaged in the lumber business, by enabling them to secure timber, logs, and other lumber floating down the said River Nashwaak, at a moderate expense: And whereas it is deemed expedient to incorporate a Company for that purpose;—

• Be it therefore enacted, &c.-1. William J. Bedell, Charles Macpherson, George L. Hatheway, John MacBean, Archibald M'Lean, and their associates, successors, and assigns, be and they are hereby declared to be a body corporate, by the name of "The Nashwaak Boom Company," and shall have all the general powers made incident to a Corporation by Act of Assembly in this Province, for the purpose of erecting and maintaining a Boom or Booms and any other works on the shore connected therewith, at or near the mouth of the Nashwaak aforesaid, for the more convenient collecting, picking up, securing, and rafting timber, logs, and other lumber floating down the said River Nashwaak, and for carrying on and managing the same.

2. The capital stock of the said Corporation shall be five hundred pounds current money of New Brunswick, and shall be divided into fifty shares of ten pounds each.

3. The first meeting of the Corporation shall be called by William J. Bedell, Esquire, or in case of his death or refusal to act, by any two of the said Corporation, after ten days notice in a Newspaper published in Fredericton, for the purpose of organizing the said Corporation, which meeting shall be held at the time and place mentioned in such notice.

4. The subscribers for stock in the said Corporation shall, previous to the first meeting of the said Corporation, pay into the hands of such person or persons as the persons incorporated by the first Section of this Act, or the major part of them, or in case of the death of any of them, the major part of the survivors shall appoint, such a deposit or instalment on the capital stock of the said Corporation they subscribe for, as the said persons incorporated, or the major part of them as aforesaid, may appoint and determine, due notice being given at the time of the notice calling the first meeting of the members and stockholders of the Corporation, of the time or several periods of time when, and of the place and places where, and person or persons to whom the said instalment or deposit shall be paid; and the said instalment or deposit shall be taken and allowed to every subscriber who shall pay it, as part of the capital stock required to be paid in under and by virtue of this Act, and every subscriber who shall neglect or refuse to pay in the said deposit or instalment shall be deemed a defaulter, and no subscriber shall, upon any pretence whatsoever, vote at the first meeting for the choice of Directors upon any share or shares, unless he has paid the said deposit or instalment.

5. The Booms shall be so constructed as to admit the passage of rafts and boats, and to preserve the navigation of the river.

6. The said Corporation shall and they are hereby required to keep the said Booms open and in order to receive timber, logs, and other lumber floating down the River Nashwaak, from the opening of the Spring and after the river is clear of ice, until [the words here omitted are repealed by 11 V. c. 52, s. 2,] in each and every year during the continuance of this Act.

7. The said Corporation shall be entitled to receive a sum not exceeding one shilling and two pence per ton for each ton of square timber, and a sum not exceeding [the words here omitted are repealed by 11 V. c. 52, s. 2,] per thousand for

each and every thousand superficial feet of logs and other lumber which they shall secure and raft in a substantial manner with good and sufficient boom poles, and put in good and sufficient joints, such as are usually made, preparatory to their being put in large rafts for transportation to Saint John; such payments being in full for rafting and securing the said timber as aforesaid, and also for collecting and keeping up and floating down the said timber, logs, and other lumber so rafted in the said Boom or Booms, from the mouth of Penniak to the mouth of the Nashwaak, and also for all scattered timber, logs, and other lumber, which by the force of the current or water may be drawn into the said Boom or Booms, and secured thereby, and so rafted in joints.

8. The said Corporation shall have a lien on all timber, logs, and other lumber which may be rafted in the said Boom in joints fit to be carried to Saint John in the manner prescribed by the seventh Section of this Act, or which shall be carried into the said Boom by the force of the current; and the said Corporation, or agent or agents, may retain the said timber, logs, or other lumber, or sufficient part of them to pay the boomage, until such boomage is paid or secured.

9. For any floating joints or rafts of timber, logs, or other lumber without men on, which may run into the said Boom or Booms by force of the current or accident, or be caught therein, the said Corporation shall protect such joints or rafts, and be entitled to receive therefor at and after the rate of two pence for each and every ton of such timber, and six pence per thousand superficial feet for every thousand superficial feet of logs or other lumber, provided that the said Corporation shall not be entitled to receive for any such raft or joint a larger sum than three pounds.

10. All questions of difference or dispute of any kind relating to the quantity of timber, logs, or other lumber, or to the mode of rafting the same, shall be submitted to the award or arbitrament and determination of three persons indifferently chosen between the parties, the award and determination of them or any two of them shall be final and conclusive between the parties, which referees, or any two of them, shall also determine and award by whom and how the expense of such reference shall be paid.

11. The said Corporation shall have power to levy and collect assessments upon the shares from time to time of such sums of money as may be deemed necessary for carrying on the business of the said Corporation, and whenever any such assessment shall be made by the stockholders of the Corporation, it shall be the duty of the Treasurer to give notice thereof in a Newspaper printed in Fredericton, requiring payment of the same within ten days, and if any stockholder shall neglect or refuse to pay to the Treasurer the amount of such assessment upon his share or shares at the time prescribed, it shall be the duty of the Treasurer to advertise all such delinquent shares for sale at public auction, giving at least fifteen days notice of the time and place of such sale, and all shares upon which the assessment is not then paid, with interest from the time such assessment became due, shall be sold to the highest bidder, and after retaining the amount of assessment and interest due on each share, and the expense of advertising and selling, the residue (if any) shall be paid over to the former owner, and a new certificate or certificates of the shares so sold shall be made out and delivered to the purchasers; provided always, that no assessment shall be made except by a vote of the stockholders, and by a majority of all the shares.

12. The members and stockholders of the said Corporation shall be chargeable in their private and individual capacity, and shall be holden for the payment of all debts at any time due from the said Corporation, or damages sustained by the default or neglect of the said Corporation, or their agents or servants, in proportion to the stock they respectively hold ; provided however, that in no case shall any stockholder be liable to pay a sum exceeding the amount of stock actually then held by such member or stockholder, in addition to the stock then held by such stockholder; provided nevertheless, that nothing herein contained shall be construed to exempt the joint stock of the said Corporation from being also liable for and chargeable with the debts and engagements of the same.

13. Unless a good and sufficient Boom for the purpose contemplated by this Act shall be erected within twelve months after the passing of this Act, and a certificate thereof under the hand of the agent or the principal officer of the said Corporation, attested to by such agent or other principal officer

before one of Her Majesty's Justices of the Peace, and which oath such Justice is hereby authorized to administer, shall be filed in the Office of the Secretary of the Province, then the Corporate powers hereby granted shall be deemed null and void.

14. Nothing in this Act contained shall extend or be construed to extend to authorize and empower the said Corporation, or any of their agents or servants, to enter in and upon any lands or tenements of any person whomsoever, unless the consent of the owner or owners, lessee or lessees thereof, be first had and obtained in writing; and further provided, that the said Corporation shall be liable for all trespasses done or committed by the servants or agents of the said Corporation, in the course of prosecuting the business and object of the said Corporation, unless such consent as aforesaid has been previously had and obtained.

15. This Act shall continue and be in force for five years and no longer.

8th VICTORIA-CHAPTER 90.

An Act to amend the Act to incorporate the Fredericton Boom Company.

WHEREAS it is expedient to amend the Act made and passed in the seventh year of the Reign of Her Majesty Queen Victoria, intituled An Act to incorporate the Fredericton Boom Company, to increase the capital stock and enlarge the powers of the said Company ;

Be it therefore enacted, &c.-1. The stockholders of the said Corporation shall be and they are hereby empowered and authorized from time to time hereafter, at any general meeting to be for that purpose called and holden, to increase the capital stock of the said Company to an amount not exceeding in the whole four thousand pounds; which additional stock shall be divided into shares of twenty five pounds each, making the