Appointment of Auditors.

Rules of Evidence to be followed,

Company may become par

&c.

the production of a copy of such Resolution certified by the Secretary, with the said answers, shall be sufficient evidence of such authorization.

XX. Every Annual General Meeting shall have power to appoint not exceeding two Auditors, to audit all accounts of money laid out 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 who for 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.

XXI. In all suits at Law brought by or against the said Company, recourse shall be had as to evidence, to the Law of England, as recognized by the Courts of Lower Canada in commercial cases; and no witness shall be held to be incompetent to give evidence by reason of his being a Shareholder in the said Company.

XXII. The said Company shall have power to become parties to Promissory Notes and Bills of Exchange, for sums not ties to Notes, less than twenty-five 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, 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, shall be presumed to have been properly made, drawn, accepted and 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, VicePresident, 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.

Proviso.

Form of conveyances to

XXIII. All deeds and conveyances of lands to the said Company for the purposes of this Act, in so far as circumthe Company stances will admit, may be in the form given in Schedule B to this Act subjoined, or in any other form to the like effect, and for the purpose of due enregistration of the same, all Registrars in their respective Counties are required to be furnished by and

at

at the expense of the said Company with a Book containing copies of the form given in the said Schedule B, one to be printed on each page, leaving the necessary blanks to suit the circumstances of each separate conveyance, and shall, upon the production and proof of due execution of any such conveyance, enter the same without any memorial, and shall minute the enregisration or entry on the Deed, and the Registrar shall charge and receive from the said Company for all fees on every such enregistration two shillings and six pence, and no more, and such enregistration shall be deemed to be valid in Law; any Statute or provision of law to the contrary notwithstanding.

to the amount.

XXIV. The said Company may, from time to time, lawfully Companymay borrow either in this Province or elsewhere, such sum or sums borrow money of money not exceeding, at any one time, the sum of Fifty of £50,000. Thousand Pounds currency, as they may find expedient, and at such rate of interest, not exceeding eight per cent. per annum, as they may think proper, and may make the Bonds, Debentures or other Securities they shall grant for the sums so borrowed, payable either in currency or in sterling, and at such place or places within or without this Province as they may deem advisable, and may hypothecate or pledge the lands, tolls, revenues and other property of the said Company for the due payment of the said sums and the interest thereon.

XXV. In the borrowing of moneys, by way of loan, the Form of DeDebentures of the said Company shall and may be in the form beatures. contained in the Schedule A annexed to this Act or in any other convenient form similar thereto, and need not be before Notaries, and shall have the effect of creating a mortgage or hypotheque upon the said Railway and the lands and property thereof; And to facilitate the registration of the Debentures of the said Company creating mortgages or hypotheques and the cancellation thereof: Be it enacted, That the said Company, Registration, shall, at their own expense, deposit in the Registry Office of how effected. the County of Leinster wherein such their Debentures may require to be registered, any number of their printed or engraved blank Debentures in the form of the said Schedule annexed to this Act, without its being necessary to add the Coupons thereto, bound together in a book, and having the pages thereof numbered and signed by the Secretary of the Company, and thereupon the Registrar or his Deputy shall be bound to receive and retain the same as one of the Registry Books of his Office, and to register therein the said Debentures of the Company, instead of registering them in the ordinary Registry Books of the Office; any ordinance or law to the contrary notwithstanding: and for each such registration, the said Registrar shall receive Fee. One Shilling and Three pence fee; which said registration for the purposes of this Act, and of the loan to be made in virtue thereof, shall be held and deemed to be a special registration against the Railway lands and property of the said Company in each county or locality in which such property may lie,

Effect of Registration.

All the property of Company to be bound.

Quorum of
Directors.

Aliens may hold office.

and shall perfect the mortgage and hypotheque created by such Debentures as regards all parties whatsoever, and the Debentures and mortgage and hypotheque thereby created shall be to all intents and purposes binding upon the said Company in favor of the holders of the debentures, and have the effect of mortgaging and charging all the lands and property of the said Company without any other more formal or particular description; but the description in the said Schedule A shall be held to comprehend all the lands and tenements of the said Company, all wharves and buildings of every nature thereon, and in short all the immoveable estate belonging to the said Company, including the rails and iron thereto affixed; any law or uşage to the contrary notwithstanding.

XXVI. Any Meeting of the said Directors, at which not less than three Directors shall be present, shall be competent to use and exercise all and any of the powers hereby vested in the said Directors of the said Company.

XXVII. Any Shareholder in the said Company, whether a British subject or alien, or a resident in Canada, shall have equal rights to hold stock in the said Company, to vote on the same, and be eligible to office in the said Company.

SCHEDULE A

Referred to in this Act.

L'ASSOMPTION RIVER AND RAILWAY COMPANY.

Number

£

sterling (or currency.)

This Debenture witnesseth that the l'Assomption River and Railway Company, under the authority of the Provincial Statute passed in the

have received from

of

the sum of

currency, (or sterling) as a Loan, to bear interest

from the date hereof, at the rate of

num, payable half yearly, on the

and on the

day of

currency, (or sterling) the

and oblige themselves to pay on the

per centum per anday of

which sum of

said Company bind

to the said

or to the bearer hereof; and to pay the interest thereon half yearly as aforesaid, on the production of the Coupon therefor, which now forms part of this Debenture.

And for the due payment of the said sum of money and interest, the said Company, under the power given to them by the said Statute do hereby mortgage and hypotheque, the real estate and appurtenances hereinafter described, that is to say: The whole of the Railway, Steamboats, Piers, Wharves, and other property of the Company.

In testimony whereof
President of the said
Company, hath hereto set and affixed his signature, and the
common seal of the said Company, at

day of

this

one thousand eight hundred and

do

Know all men by these presents, that I, A. B., of hereby, in consideration of paid to me by the L'Assomption River and Railway Company, the receipt whereof is hereby acknowledged, grant, bargain, sell and convey unto the said L'Assomption River and Railway Company, their successors and assigns, all that tract or parcel of land, (describe the land) the same having been selected and laid out by the said Company for the purposes of their Railway. To have and to hold the said land and premises unto the said Company, their successors and assigns for ever.

Witness my Hand and Seal, this

one thousand eight hundred and

day of

Signed, sealed and delivered, in presence of

САР. СХСІІ.

A. B. [L. S.]

An Act to incorporate the Oakville and Arthur Railway
Company.

[Assented to 30th May, 1855.]

HEREAS it is highly desirable that a Railway should Preamble. be made from the village of Oakville on Lake Ontario,

through the County of Halton; and the persons hereinafter mentioned and others have petitioned that a Company be incorporated for that purpose: 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

Certain persons incorporated.

Corporate

name.

Certain clau

ses of 14 & 15 V. c. 51, incorporated

with this Act.

Line of Railway defined.

Form and

mode of regis to the Com

tering Deeds

pany.

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. Samuel Jull, William Sherburne, John Williams, James McCreadie, Justus W. Williams, Thompson Smith, William Wilson, John A. Chisholm, Samuel Burman, John Wilson, James Young, William Barber, Robert K. Chisholm, James Reid, Charles Reynolds, Wm. T. Romain, William Clarke, Robert Young, Levi Wilson, James Arnot, Fred. A. Thompson, W. E. Hagerman, William Cantley, David Duff, George K. Chisholm, Patrick McAllister, John Potter, and John Doty, together with such other persons or Corporations as shall, under the provisions of this Act become Shareholders in the Joint Stock Company hereby created for the construction of the Railway aforesaid, shall be and are hereby ordained, constituted and declared to be a body corporate and politic in fact, by and under the name and style of the Oakville and Arthur Railway Company.

99

II. The several Clauses of "The Railway Clauses Consoli"dation Act," with respect to the first, second, third and fourth Clauses thereof, and also the several Clauses of the said Act with (( respect to Interpretation," "Incorporation," "Powers," "Plans and surveys,' ""Lands and their valuation," "Highways "and Bridges," "Fences," "Tolls," "General Meetings, "Directors, their Election and Duties," "Shares, and their transfer," "Municipalities," "Shareholders," "Actions for Indemnity, and Fines and Penalties and their Prosecution, "Working of the Railway" and "General Provisions," except in so far only as inay be inconsistent with any express provisions hereinafter made, shall be incorporated with this Act, and shall be included by the expression "this Act" whenever used herein.

III. The said Company and their servants and agents shall have full power under this Act to lay out, construct, make and finish a double or single Iron Railroad or way, at their own cost and charges, on or over all or any of the Country lying between the village of Oakville, in the County of Halton, to the village of Arthur, in the County of Wellington.

IV. Deeds and conveyances under this Act, for the lands to be conveyed to the said Company, for the purposes of this Act, shall, and may, as far as the title to the said lands, or circumstances of the parties making such conveyance will admit, be made in the form given in the Schedule to this Act marked A, and all Registrars are hereby required to enter in their Registry Books, such Deeds on the production thereof and proof of

execution,