authorized, and the various powers, privileges and provisions of the said last recited Act, shall apply to and form part of the said first recited Act.

II. This Act shall be deemed a Public Act.

CAP. CLXXXVIII.

An Act to change the name of the Bytown and Prescott Railway Company, and to amend the Act incorporating the same.

W

[Assented to 30th May, 1855.]

Public Act.

HEREAS the Bytown and Prescott Railway Company Preamble. have petitioned that the Corporate name of the said Company may be changed, and that the Act incorporating it may be amended in the manner hereinafter mentioned, and it is expedient to grant the prayer of their Petition: 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, as follows:

I. From and after the passing of this Act the Company incor- Name of the porated by the Act of the Parliament of this Province, passed Company inin the Session held in the thirteenth and fourteenth corporated by of Her years 13 & 14 V. c. Majesty's Reign, and intituled, An Act for the incorporation of 132, changed. a Company to construct a Railroad between Bytown and Prescott, shall be called and known by the name and style of the "Ottawa and Prescott Railway Company," instead of being called and known by the name and style of the "Bytown and Prescott Railway Company," any thing in the said Act or in any other Act or Law to the contrary notwithstanding; Provided always that such change of name and style shall not Proviso. be construed to make the said Company a new Company or Not to affect Corporation, or to impair or alter the effect of any Act relating pending suits, to the said Company, or of any instrument or proceeding to or in which the said Company by its former name and style may be or may have been a party or in any wise concerned or interested, but the same shall have full force and effect, and shall apply to and may be continued with respect to the said Company by the name and style hereby assigned to it, upon suggestion of the passing of this Act.

&c.

II. It shall and may be lawful for the said Company to The Company enter into any agreement with any person or persons, or may agree with any other Railway Company, either in this Province with any other Compa

48 *

or

by as to ser vices to be rendered by one Company to the other,

the other, &c.

18 VICT. or in any Foreign State, for leasing the said Railroad or any part thereof, or the use thereof, at any time or times, to such person or persons or other Company, or for leasing or hiring out to such person or persons or other Company, or the lease of the said Railroad, and any locomotives, cars, carriages, the property of the one to tenders or other property, moveable and immoveable of the said Company, either altogether or for any time or times, occasion or occasions, or for leasing or hiring from any other Railway Company, any Railroad or part thereof, or the use thereof, at any time or times, or for leasing or hiring from such other Railway Company, any Railroad, Locomotives, Cars, Carriages, Tenders or other property, moveable and immoveable, or for using either the whole or any part of the said Railroad, or of the moveable and immoveable property of the said Company, or of the Railway or moveable and immoveable property or either, of such other Company, in common by the two Companies, or generally to make any agreement or agreements with any person or persons, or with any such other Company, touching the use by any of such person or persons or by one or other, or by both Companies, of the Railway or moveable and immoveable property of either or of both, or of any part thereof, or touching any service to be rendered by the one Company to the other, and the compensation therefor; and any such agreement or lease shall be valid and binding and shall be enforced by all Courts of Justice in this Province, Proviso: such according to the terms and tenor thereof: Provided always, that the act or acts of the Directors of the said Company sancshall be enter- tioned and approved by a majority of the votes of the Shareholders attending any Special General Meeting of the Shareholders of the said Company, called for that purpose, either in person or by proxy, shall be considered to be, and be to all intents and purposes, the act and acts of the Company under this section; and at such Special General Meeting the said Shareholders may, by a majority of the votes of the Shareholders attending such Special General Meeting, either in person or by proxy, delegate to the Directors of the said Company, or a quorum thereof, or a majority of such quorum, all and singular the powers by this section conferred, given and granted to the said Company, to be exercised in such manner as to the said Directors or a quoruin of them, or a majority of such quorum, shall seem meet and as they shall direct and appoint; and that the powers hereby conferred upon the said Company shall extend to any agreement for lease of the said Railway and undertaking, locomotives, cars, varriages and other property of the said Company, moveable and immoveable, heretofore entered into by the Directors of the said Railway Company, and which has been sanctioned and approved of by the Shareholders of the said Company, at a Special General Meeting of the Shareholders thereof, called for that purpose, and that any such agreement shall be binding on the said Company and the party with whom the same was entered into, and any lease granted or to be granted in pursuance of such

agreement

ed into after

consent of

Stockholders

a' a general meeting.

agreement

agreement shall be valid and binding upon all the parties thereto; any thing to the contrary in this or any other Act of the Parliament of this Province notwithstanding.

III. Such lease as aforesaid shall entitle the person or per- Effect of any sons or Company to whom the same is or shall be granted, to such lease as the free use of the Railway or portion of Railway comprised aforesaid. therein, and during the continuance of any such lease, all the powers and privileges granted to and which might be otherwise exercised and enjoyed by the said Company or the Directors thereof, or their officers, agents or servants, by virtue of any Act or Acts of the Parliament of this Province, with regard to the possession, enjoyment and management of the Railway, or of the part thereof comprised in such lease, and the tolls to be taken thereon, shall be exercised and enjoyed by the Lessee and the officers and servants of such Lessee, under the same regulations and restrictions as are y any Act or Acts of the Parliament of this Province imposed on the said Company, and their Directors, officers and servants; and such Lessee shall, with respect to that part of the Railway comprised in such lease, be subject to all the obligations by any Act or Acts of the Parliament of this Province imposed on the said Company; Provided always, that nothing herein contained Proviso. shall affect or be construed to affect the corporate powers or existence of the said Company, but that the same shall still be and continue in the same manner as if such lease had not been made, or this Act passed, subject however to the terms and conditions of such lease and of this Act.

IV. The Interpretation Act shall apply to this Act, and this Public Act. Act shall be deemed a Public Act.

CAP. CLXXXIX.

An Act to amend the Act incorporating the Montreal and Bytown Railway Company, and for other purposes.

W

[Assented to 30th May, 1855.]

HEREAS the Montreal and Bytown Railway Company Preamble. have petitioned the Legislature for certain amendments to their Act of Incorporation, for the extension of their Railroad and for other purposes hereinafter mentioned, and it is expedient to grant the prayer of their Petition: 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, 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, as follows:

work Tele

graphis on their line.

Company may I. It shall be lawful for the said Company to construct a line construct and of Telegraph, electric or otherwise, along their said railway and its continuations and branches, or any of them, or any part or section thereof, from and to any point or points thereon, as to the said Company shall seem advisable, and the said Company shall have power to purchase, receive and hold and convey such real estate as may be necessary for the business and operations of the said Telegraph line, and may appoint such officers and agents and make such rules and regulations and by-laws as may be necessary or advisable in the transaction of the business thereof, not inconsistent with the laws of this Province: And the said Company shall have and are hereby invested with all the powers, rights and privileges respecting such Telegraph line and the management thereof, as are now vested in the Electric Telegraph Companies under and by virtue of the fifth, sixth and eleventh Sections of the Act passed in the sixteenth year of Her Majesty's Reign, intituled, An Act to provide by one general law for the incorporation of Electric Telegraph Companies; and the tenth and twelfth Sections of the said Act shall apply to the said line in like manner as if the said Company had been an association incorporated under the said last mentioned Act.

Their powers

as regards such Tele

graphs to be those given under 16 V. c. 10.

Company may lease or dis

pose of their

II. The Company may lease their Railway or any part thereof to individuals, private Companies or Associations, or to Railway, &c. Corporations, upon such terms and under such conditions therefor as shall be approved of by the Stockholders at a Special General Meeting to be called and held for the purpose, in the manner provided by their Act of Incorporation for calling and holding General Meetings of the Company.

Directors may

III. Any Director of the said Company residing out of this vote by proxy. Province shall have power to act and vote by proxy to be held by another Director, at all meetings of the Directors, and the holder of such proxy shall have the same and equal power and authority as any such Director or Directors would have if personally present.

Bonds of the

be converted

into Stock.

IV. The holders of the Bonds or Debentures issued or to be Company may issued by the Company, shall have the option of converting the same into shares in the Capital Stock of the Company at par, provided such option be exercised within five years from the issuing of the Bonds; and for the purpose of such conversion, it shall be lawful for the Company to increase its Capital and to create and issue shares or stock in the Company of equal

Stock Regis

amount.

V. The Company shall, from time to time, cause the names ter to be kept. of the Stockholders and the amount of their interests respecDuplicate to be sent to tively, to be entered in a Book to be called "The Stock England. Register" a duplicate whereof, authenticated by the signature of the Secretary of the Company, shall be transmitted to and kept

kept by the agent for the time being of the Company in Great Britain, the said agent to be appointed by the British Directors.

United King

Canada and

VI. Whenever any transfer shall be made in Great Britain of Transfers any Share or Stock of the Company, the delivery of the transfer, made in the duly executed, to the agent of the Company for the time being dom to be noin Great Britain, shall be sufficient to constitute the trans- tified to the feree a Shareholder in the Company in respect of the Share so Secretary in transferred, and such agent shall monthly transmit an accurate entered by list of all such transfers to the Secretary of the Company in this him. Province, who shall thereupon make the requisite entries in the register; and the Directors may from time to time make such regulations as they shall think fit for facilitating the transfer and registration of Shares, as well in this Province as elsewhere, and as to the closing of the register of transfers for the purpose of dividend, as they may find expedient, and as to the manner of the conversion of Bonds into Shares; and all such regulations, not being inconsistent with the provisions of the Act of Incorporation and those of the Railways Clause Consolidation Act incorporated therewith, as altered or modified by this Act, shall be valid and binding.

VII. And whereas it is advisable to limit the issue of Bonds Amount of or Debentures authorized to be issued by the Company: Be it Debentures of the Company enacted, that the Company shall have the power to issue Bonds limited and Debentures, including any Bonds or Debentures issued previous hereto, to an amount which shall not exceed at any time the sum of five hundred thousand pounds sterling.

2

betransferable

VIII. Any party entitled to any Bond or Debenture of the Debentures to Company on which the whole amount shall have been paid up; by delivery. may transfer his right and interest therein and in the principal and interest moneys secured, with the coupons or interest warrants attached thereto, without the necessity of a deed or instrument in writing for the purpose of effecting such transfer.

IX. Hereafter the several fees to the Registrars in the said Fee for regis Special Act specially mentioned for the enregistration of tration settled. Deeds and Contracts and of Debentures, are declared to have been intended, and shall be intended to include not only the fee for the registration, as in the said Special Act mentioned, of the said Deeds, Contracts and Debentures, but also the fee for the Certificates thereof by the said Registrars; any Act or Law to the contrary thereof notwithstanding.

affect Deben

X. Nothing herein contained shall in any manner or way Act not to affect the Debentures of the Company heretofore issued or regis- tures already tered and remaining unpaid or uncancelled, nor any matter or issued. thing in relation thereto, nor any of the rights, privileges, or mortgages, created by such Debentures, but the said Debentures with the said rights, privileges and mortgages shall have the same force and effect as if this Act had not been passed.

XI. This Act shall be deemed a Public Act.

CAP.

Public Act.