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effect except the Shareholders at such General Meeting proceed to fill up the vacancies thus occurring in the direction.

XVI. And be it enacted, That any Meeting of the said Directors, at which not less Quorum of Directors, than five Directors shall be present, shall be competent to do and perform all and any

of the powers hereby vested in the said Directors of the said Company.

and powers.

XVII. And be it enacted, That the Stock Qualification of Shareholders to be Qualification of DiDirectors of the said Company, shall be Twenty Shares, of Twenty-five Pounds rectors. currency each, of the Capital Stock.

Appointment of u.

XVIII. And be it enacted, That every such Annual General Meeting shall have power to appoint not exceeding three Auditors, to audit all accounts of money laid out ditors. and disbursed on account of the said undertaking, by the Treasurer, Receiver and Receivers, and other Officer and Officers to be by the said Directors appointed, or by any other person or persons whatsoever, employed by or concerned for or under them, in and about the said undertaking, and to that purpose shall have power to adjourn themselves over from time to time, and from place to place, as shall be thought convenient by them.

XIX. And be it enacted, That no call of money from the Shareholders shall exceed Amount of calls. the sum of Two Pounds Ten Shillings per share of Twenty-five Pounds.

XX. And be it enacted, That in all actions or suits at Law, by or against the Company, Rule of evidence, &c. instituted in Lower Canada, recourse shall be had to the Rules of Evidence laid down by the Laws of England, as recognized by the Courts in Lower Canada in Commercial Cases, and no Shareholder shall be deemed an incompetent witness, either for or against the Company, unless he be incompetent otherwise than as a Shareholder.

Writs of Saisie-Arrêt

may be amended by

Secretary or Trea

surer.

XXI. And be it enacted, That if any Writ of Saisie-Arrêt or Attachment shall be served upon the said Company, it shall be lawful for the Secretary or Treasurer in any such case to appear in obedience to the said Writ, to make the Declaration in such case by Law required according to the exigency of each case, which said Declaration, or the Declaration of the President, shall be taken and received in all Courts of Justice in Lower Canada, as the Declaration of the Company; and in causes where Interrogatories surfaits et articles, or serment décisoire, may have been or may hereafter be served upon the Company, the Directors shall have the power, by a Vote or Resolution entered among the Minutes of the proceedings of any meeting, to authorize the President or Treasurer to appear in any cause to answer such Interrogatories; and the answers of the President or Treasurer, so authorized, shall be held and taken to be the answers of the Company to all intents and purposes, as if all the formalities, by law required, had been complied with; and the production of a copy of such Resolution, certified by the Secretary, with the said answers, shall be sufficient evidence of such authorization. XXII. And be it enacted, That it shall and may be lawful for the Company to take and appropriate for the use of the Rail-way so much of the land covered with the waters of the Rivers Ottawa or Saint Lawrence, or of any other river, stream or canal, or of their respective beds, as may be found necessary for the making and completing, or more conveniently using the same, and thereon to erect such wharves, quays, inclined planes, cranes and other works as to the Company shall seem meet: Provided always, Proviso. that it shall not be lawful for the said Company to cause any obstruction in or to impede the free navigation of the River Saint Lawrence or of the River Ottawa, or of any other river, stream or canal to or across which their Rail-way shall be carried; and if the said Rail-way shall be carried across any navigable river or canal, the said Company shall leave such openings between the piers of their bridge or viaduct over the same, and shall construct such draw-bridge or swing-bridge over the channel of the river or canal, and shall be subject to such regulations with regard to the opening of such draw-bridge or swing-bridge for the passage of vessels and rafts, as the Governor in Council shall direct and make from time to time; nor shall it be lawful for the said Company to construct any wharf, bridge, pier, or other work upon the public beach or bed of any navigable river or stream, or upon the land covered with the waters thereof,

The Company may erect wharves, &c. on Ottawa, St. Law

rence, &c.

Regulations for draw

until they shall have submitted the plan of such work to the Governor in Council, nor until the same shall have been approved by him in Council as aforesaid.

XXIII. And be it enacted, That by any regulations to be made by the Governor in bridges, and penalties Council touching any such draw-bridge or swing-bridge as aforesaid, penalties not

for contravention

thereof.

exceeding Ten Pounds, in any case, may be imposed for the contravention thereof, and such penalties shall be recoverable from the said Company or from any of their Officers or Servants by whom the regulations shall have been contravened.

XXIV. And be it enacted, That the said Company shall have power to become Company may become parties to Promissory parties to Promissory Notes and Bills of Exchange for sums not less than Twenty-five Notes, &c. Pounds, and any such Promissory Note made or endorsed, and any such Bill of Exchange drawn, accepted or endorsed by the President or Vice-President of the Company, and countersigned by the Secretary and Treasurer, and under the authority of a majority of a quorum of the Directors, is and shall be binding upon the Company; and every such Promissory Note or Bill of Exchange made, drawn, accepted or endorsed by the President or Vice-President of the said Company, and countersigned by the Secretary and Treasurer as such, either before or after the passing of this Act, shall be presumed to have been properly made, drawn, accepted, or endorsed, as the case may be, for the Company, until the contrary be shewn; and in no case shall it be necessary to have the Seal of the Company affixed to any such Bill of Exchange or Promissory Note, nor shall the President, Vice-President, or the Secretary and Treasurer of the Company so making, drawing, accepting, or endorsing any such Promissory Note or Bill of Exchange, be thereby subjected individually to any liability whatever; Provided always, that nothing in this clause shall be construed to authorize the said Company to issue any Note payable to Bearer, or any Promissory Note intended to be circulated as money, or as the Notes of a Bank.

City of Montreal, Seminary, City of Kingston, &c., &c. competent to promote.

Proviso.

Government may

assume the possession and property of the Rail-way, &c.

Notice to be given.

Sums to be paid to the company by government, in the above case,

XXV. And be it enacted, That if at any time the Mayor, Aldermen and Citizens of the City of Montreal, or the Municipality of the City of Kingston, or the Ecclesiastics of the Seminary of Saint Sulpice of Montreal, or any other Corporate Body, Civil or Ecclesiastical, or any Municipality in this Province, shall be desirous of subscribing for Shares of the Capital Stock of the said Company, or of otherwise promoting the speedy completion of the said Rail-way, by loans of money or securities for money at interest or à constitution de rente, it shall be lawful for them respectively so to do in like manner, and with the same rights and privileges in respect thereof as private individuals may do under or in virtue of this Act, any thing in any Ordinance or Act or Instrument of Incorporation of any such body, or in any law or usage to the contrary notwithstanding: Provided always that should the said Company require to purchase from the Ecclesiastics of the Seminary of Saint Sulpice of Montreal, any land either on the Lachine Canal, River Saint Lawrence, or in any other place, for the purposes of the Rail-way, it shall be lawful for the said Ecclesiastics to sell and convey the same to the Company, without advertising and offering the said lands at public sale, or without any other formality of sale than is herein provided by this Act.

XXVI. And be it enacted, That the Provincial Government may, at any time after the commencement of the said Rail-way, assume the possession and property thereof, and of all the property which the said Company is empowered to hold and shall then have, and of all the rights, privileges and advantages vested in the said Company; all of which shall, after such assumption, be vested in Her Majesty, on the said Government giving to the Company six months' notice of the intention to assume the same.

XXVII. And be it enacted, That the Government shall, within six months after the Company shall render an account in writing of the amount of money expended by the said Company, and all their then ascertained liabilities, up to the time of such assumption, pay to the Company the whole amount of the money so expended, and of the liabilities so ascertained, together with interest at the rate of six per cent, and ten per cent additional thereon, after deducting the amount of any dividends before then declared; and the said Government shall also from time to time pay and discharge all liabilities

of

of the Company, not ascertained at the time of such assumption, as the same shall be
established against the said Company: Provided always, that in case of difference between Proviso.
the Government and the Company, as to the amounts so to be paid by the Government,
such difference shall be referred to two Arbitrators, one to be named by the Government,
the other by the Company, and in case of disagreement, such difference shall be referred
to an Umpire, to be chosen by the said Arbitrators before entering into the consideration
of the said difference; and that the said Award so made by the Arbitrators or the Umpire
shall be final: And provided also, that in case of refusal by the Company to appoint an
Arbitrator on their behalf, the same shall be appointed by any two of the Judges of the
Superior Court for the District of Montreal, on application of the Government.

XXVIII. And be it enacted, That this Act shall be in force so to enable the said Company to enter upon lands, to make all necessary surveys for the construction of the said Rail-way, from the time that the same shall receive the Royal Assent, but not for any other purpose, until the Governor shall issue a Proclamation declaring it to be in force.

CAP. CXLIV.

An Act to empower the Company of Proprietors of the Champlain and Saint Lawrence
Rail-road to make a Branch Road, and for other purposes.

W

[ 30th August, 1851.]

Proviso.

When and how this

act shall come into

force.

Preamble.

HEREAS the Company of Proprietors of the Champlain and Saint Lawrence Rail-road, incorporated under and by virtue of an Act of the Legislature of the Province of Lower Canada, passed in the second year of the Reign of His late Majesty King William the Fourth, and intituled, An Act for making a Rail-road L. C. from Lake Champlain to the River Saint Lawrence, have, by their petition to the 2 W. 4 c. 58. Legislature, represented that they are desirous of making a Branch from some point on their Rail-road between Isle-aux-Noix and Rouse's Point, across the River Richelieu to the Province line on the east side of the said River, there to connect with the American Rail-roads leading to the great cities on the Atlantic Ocean, and have prayed that the powers necessary for this purpose, and certain other powers required for the better management of their business, be granted to she said Company; and whereas the said Branch Rail-road, if suitable facilities be afforded for crossing the said River Richelieu, so as to avoid the delay, damage and inconvenience attending any change of carriages, would tend greatly to facilitate the communication between the whole valley of the River Saint Lawrence and the Atlantic Ocean, to increase the trade passing down the said river from the great lakes and the western country, and to augment the revenue of the Canal and Public Works of this Province, and it is therefor expedient, under suitable provisions and conditions, to grant the prayer of the said Company: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That the said Company of Proprietors of the Champlain and Saint Lawrence Rail-road shall have full power and authority to construct a Branch Rail-road from some point on the Rail-road they are now authorized to make, to a point on the River Richelieu, opposite Ash Island, and across Ash Island to the eastern branch of the said River, and across the said eastern branch of the said River in the manner hereinafter mentioned, and from a point on the eastern bank of the said River opposite the said Island to some point on the Province line, in the County of Rouville.

a

Company may make
Branch Road.

The company may construct wharves,

&c., and use a vessel,

Proviso,

Within what limits the Bridge shall be built.

May use part of the beach, &c.

Proviso.

Company may borrow a further sum of money.

13 & 14 Vict. c. 111.

Tolls may be taken by Company.

Proviso.

Proviso.

II. And be it enacted, That the said Company shall have full power and authority to construct on the western bank of the said River and on the western side of Ash Island, suitable Wharves or Piers and landing places, and to have and use such Vessel as they shall find suitable for conveying their trains, cars or carriages, passengers and goods across the opening between the said Wharves or Piers: Provided always, that a clear opening of at least two hundred and fifty feet, at the deepest part of the said River, shall be left between the said Wharves or Piers, so that the said Piers shall not come nearer to the centre of the channel of the said River than one hundred and twenty-five feet on each side thereof; and the said Vessel shall always be kept out of the said opening, except when actually employed in conveying over any Train, Cars, Carriages, Passengers or Goods; and the said Company shall cause the said Wharves or Piers to be properly lighted at night, so as to shew distinctly the said opening between them, and shall also have proper Lights on board their said Ferry-vessel when crossing the said opening; and the said Company shall also have power to construct a Viaduct for their said Branch Rail-road from the eastern bank of Ash Island to the eastern bank of the said River, such Viaduct to be on open piles without solid piers, and so constructed as not materially to diminish the flow of water.

III. And be it enacted, That the said Company shall have full power and authority to take, use, occupy and hold, but not to alienate, so much of the public beach or beach-road, or of the land covered with the waters of the said River Richelieu, or of Ash Island, and whether such beach, beach-road or land covered with water form part of or adjoin the main shore of the said river or the said island, as may be required for the said Viaduct, and the Wharves and other works aforesaid, or are necessary for the proper use thereof; Provided always, that such lands shall not be taken, nor the said Viaduct erected except in accordance with the provisions of this Act; nor shall any land vested in the Principal Officers of Her Majesty's Ordnance be taken without their consent.

IV. And for the purpose of enabling the said Company to carry out the improvements aforesaid, it shall be lawful for them to borrow from time to time in this Province or elsewhere, such sums of money as they may find necessary, not exceeding the sum of Seventy-five Thousand Pounds, over and above the sums they are now by law authorized to borrow; and such sum may be borrowed, made payable and secured, under the provisions made by the third Section of the Act passed in the Session held in the Thirteenth and Fourteenth years of Her Majesty's Reign, and intituled, An Act to authorize the Company of Proprietors of the Champlain and Saint Lawrence Rail-Road to extend the said Road, and for other purposes, and at any rate of interest not exceeding that limited in the said section, which shall apply to the sum hereby authorized to be borrowed, as if it formed part of the sum which by the said section the Directors are empowered to borrow.

V. And be it enacted, That it shall be lawful for the said Company, from time to time, to ask and demand, take and recover for all goods, wares, merchandize, and commodities, and for any passengers conveyed over the branch Rail-road they are hereby empowered to construct, the same and no higher Rates for each and every mile they may be so conveyed, as they are by the Act last above cited and the other Acts incorporating or relating to the said Company, empowered to ask, demand, take and recover on other portions of their Rail-Road, and with like power to fix the sums to be charged for carrying small parcels; Provided always, that the By-laws fixing any such Toll shall be subject to all the provisions made by the said Act with regard to By-Laws fixing Tolls: And provided also, that the same Tolls shall be payable at the same time, and under the same circumstances, and upon the said Rail-Road authorized to be constructed in and by the said Acts incorporating the said Company, and upon the said branch Rail-Road, established by this Act, so that no undue advantage, privilege or monopoly, may be afforded to any person or class of persons, by any By-Laws relating to the Tolls, or by reason of the said Tolls, and that no Tolls shall be levied or taken for the transportation of freight and passengers, until approved of by the Governor General

General in Council, nor until after two weekly publications in the Canada Gazette of the By-Law establishing such Tolls, and of the Order in Council approving thereof: and that every By-Law of the said Company fixing and regulating Tolls shall be subject to revision by the Governor in Council from time to time, after approval thereof as aforesaid, and after an Order in Council reducing the Tolls fixed and regulated by any By-Law, shall have been twice published in the Canada Gazette, the Tolls mentioned. in such Order in Council shall be substituted for those mentioned in such By-Law, so long as such Order in Council remains unrevoked.

Provisions of certain

Acts to extend to ized by this Act.

their works, author

VI. And be it enacted, That the Act above cited and all the provisions thereof shall (except only in so far as they may be inapplicable or inconsistent with the provisions of this Act) apply to the branch Rail-Road and other works which the said Company are hereby empowered to construct, and to the lands required for the same, as fully as to the branch Rail-Road and other works mentioned in the said Act, or as they would do if the branch Rail-Road and other works mentioned in this Act, formed part of those which the Company are empowered to construct by the said Act; and that, subject to the provisions of this Act and of the Act last above cited, the provisions of the Act incorporating the said Company, passed in the second year of the Reign of King William the Fourth, and intituled, An Act for making a Rail-Road from Lake Champlain to the River St. Lawrence, as modified by the subsequent Act and Ordinance, amending the same, shall apply to the branch Rail-Road and works to be constructed under this Act, which shall, when completed, form part of, and together with the present Rail Road, shall be and be called "The Champlain and St. Lawrence Rail-Road." VII. And be it enacted, That for and notwithstanding any thing in the said Act Aliens may be Directincorporating the said Company, or in any other Act thereunto relating, any person being the proprietor of the requisite amount of the Stock of the said Company, and otherwise qualified to become a Director thereof, may be elected and be such Director, although he be not a subject of Her Majesty by birth, naturalization or otherwise.

VIII. And be it enacted, That nothing herein contained shall be construed to except the said branch Road and other works mentioned in this Act, from the provisions of any General Act relating to Rail-ways which may be passed during the present or any future Session of Parliament; and that no further provisions which the Legislature may hereafter make with regard to the form, and times and details of the accounts to be laid before the Legislature by the Company, or the mode of attesting or rendering the same, shall be deemed an infringement of the privileges of the Company.

IX. And be it enacted, That the said Company shall construct, and complete the said branch Rail-Road within three years from the passing of this Act, and shall make and file the Plan and Book of Reference required with regard to the same, within one year from the passing hereof, in the manner prescribed by the seventh section of the said Act, passed in the Session held in the thirteenth and fourteenth years of Her Majesty's Reign, otherwise their right to make such branch Rail-Road shall cease. X. And be it enacted, That this Act shall be a Public Act.

CAP. CXLV.

An Act to amend and extend the Act incorporating the Montreal and Vermont Junction
Rail-way Company.

W

[ 30th August, 1851.]

2 W. 4. c. 58.

ors.

Branch, &c. to be subject to any general

Act.

Branch Road and pleted within a certain

Bridge to be com

time.

Public Act.

HEREAS in and by the provisions of the Act of this Province passed in the Preamble, twelfth year of Her Majesty's Reign, intituled, An Act to incorporate the Montreal and Vermont Junction Rail-way Company, it is enacted that the said Company are authorized to construct a line of Rail-way from the River Saint Lawrence, opposite Montreal, to such point at the Province Line near Highgate, Vermont, as the Company may deem expedient, for forming a junction with a Rail-way from Burlington, Vermont; And whereas the said Line takes its course through the Township of Stanbridge, in the County of Missisquoi, and it is expedient, in addition to the said Line, to authorize

the

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