I. The said Act in part recited in the preamble to this Act The said Act shall be and is hereby revived, continued and confirmed, with revived. the exception of the fifth and seventeenth sections thereof; and notwithstanding any failure on the part of the Company thereby constituted and incorporated to commence the said Harbour and Road or either of them within the said period of two years, or to complete the same within the period of four years, the said Act shall be and remain in as full force and effect, and the Corporation thereby constituted shall continue, and the rights and privileges of the said Corporation shall be the same, as if the said fifth and seventeenth sections of the said Act had not formed part thereof; and the said fifth and seventeenth sections are Except sects. hereby repealed: Provided always, that the names of Sommer- 5 and 17. ville Boulton, Surveyor, John Tully and Joseph Ellice, En- Proviso: Surveyor and gineers, be substituted for the names of the Surveyor and Engineer Engineers mentioned in the fourth section of the said Act. changed. II. If the said Company shall not and do not within five years Company to from the passing of this Act, construct, finish, and put in opera- complete the tion the said Harbour and Road, or one of them, the rights and Road within privileges of the said Company under the said recited Act and five years. under this Act, and also the said Acts respectively, shall cease and be utterly null and void; any thing in either of the said Acts contained to the contrary thereof in any wise notwithstanding. as the Harbour travelledupou: Harbour. III. As soon as the said Harbour and Road shall be so far Tolls to be completed as to be capable of receiving and sheltering vessels taken as soon and being travelled upon, the said Company shall have full shall be fit to power and authority to ask for, demand and receive, recover receive vesand take as Toll, to and for their own proper use, benefit and sels or the behoof, on all goods, wares and merchandize shipped or landed Road to be in or out of any vessel or boat from or upon any part of the lake shore lying within Humber Bay, eastward and westward of the said Humber river, or from or upon the banks of the said river within the distance of one quarter of a mile on each side from the mouth thereof, and upon all vessels and boats entering the said Harbour, not exceeding the rates following, that is to say: Pot and Pearl Ashes, per barrel, six pence; Pork, Whis- Tolls in the key, Salt Beef and Lard, per barrel, four pence half penny; Flour, per barrel, two pence, and not to exceed four pence; Merchandize, per barrel bulk, six pence; Butter and Lard, per keg, three pence; Merchandize, per hundred weight, three pence; West India Staves, per thousand, two shillings and six pence; Pipe Staves, per thousand, one shilling and six pence; Wheat and other Grain, per sixty pounds, one half penny, and if warehoused, two pence; Lumber, per thousand feet board measure, two shillings and six pence; Pine Timber, per thousand feet running measure, five shillings; Oak Timber, per thousand feet running measure, five shillings; Boats and Vessels, per diem, above five and not above twelve tons, one shilling and three pence; Boats and Vessels above twelve and not Proviso. reduce the tolls. above fifty tons, five shillings; Vessels above fifty tons, seven shillings and six pence; Steamboats, ten shillings; Boats and Vessels under five tons, free; on every Cord of Firewood, one shilling and three pence; and all articles not enumerated to pay in proportion to the above rates, subject to the direction of the Directors appointed by virtue of this Act: Provided neverDirectors may theless, that the said Directors shall have power to reduce the said Tolls should they see fit; and for any improvements on the said line of road by railway, planking or macadamizing, the said Company shall have full power and authority to ask for, sue, demand, recover and take Toll for each Waggon or Carriage of one load, conveying not exceeding three thousand pounds exclusive of team or vehicle, for every mile not exceeding two pence; and for every evasion of the said Tolls, parties may be proceeded against according to an Act passed in the sixteenth year of the Reign of Her present Majesty Queen 16 V. c. 190. Victoria, chapter one hundred and ninety, intituled, An Act to amend and consolidate the several Acts for the formation of Joint Stock Companies for the construction of Roads and other Works in Upper Canada. Public Act. IV. This Act shall be deemed a Public Act. Preamble. CAP. CXCVIII. An Act to incorporate the "Otter Creek Navigation W [Assented to 30th May, 1855.] HEREAS the improvement of the Navigation of that part of Big Otter Creek, between the Mill dam of John M. Craufurd, Esquire, on said creek, within the limits of the Corporation of the Village of Vienna, and the outlet of the Creek, at the Harbor of Port Burwell, would manifestly tend to the improvement of that part of this Province, as well as be of great advantage to all persons engaged in conveying lumber, merchandize and other things between Vienna and Port Burwell aforesaid; And whereas Noah Cook, Thos. Jenkins, Jr., Thomas Edison, W. F. Wallace, John Elliott, S. O. Edison, Alum Marr, Robert Nichol, Wm. Francisco, B. T. Smith, John Dean, John G. McKinnon, Geo. Raymond, Samuel Drake, H. A. Gustin, Geo. Baxter, H. U. Gilbert, Wm. H. Hanvey, John Alexander, A. T. Doud, Geo. Suffel, Jno. Douglass and J. B. Marlatt, have petitioned to be by law incorporated for the purpose of effecting the improvement of such creek by means of a Joint Stock 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, Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, as follows: I. The said Noah Cook, Thomas Jenkins, Jr., Thos. Edison, Certain perW. F. Wallace, John Elliott, S. O. Edison, Alum Marr, Robert sons incorporNichol, William Francisco, B. T. Smith, John Dean, John G. ated. McKinnon, Geo. Raymond, Samuel Drake, H. A. Gustin, Geo. Baxter, H. U. Gilbert, Wm. Hanvey, Jno. Alexander, A. T. Doud, Geo. Suffel, Jno. Douglass and J. Marlatt, Equires, together with such other persons as shall become Stockholders in such Joint Stock Company as is hereinafter mentioned, 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 Otter Creek Navigation Company," and by that name, Corporate they and their successors shall and may have continued succes- name and sion; and by such name shall be capable of contracting and powers. being contracted with, suing and being sued, pleading and being impleaded, answering and being answered unto, in all Courts or places whatsoever, in all manner of suits, actions, complaints, matters and causes whatsoever; and they and their successors may and shall have a common Seal, and may change and alter the same at their will and pleasure; and also, they and their successors, by the same name of the Otter Creek Navigation Company, shall be in law capable of purchasing, having and holding to them and their successors, to and for the use of the said Company any Estate, real or personal, which may be necessary for the purpose for which the Company is incorporated, and of letting, conveying, and departing there with for the benefit and on the account of the said Company, from time to time, as they shall deem necessary and expedient; Pro- Proviso: vided always that nothing herein contained shall extend, or be against Bankconstrued to extend to allow the said Company to carry on the ing. business of Banking. II. The said Company are hereby authorized and empowered, Company emat their own costs and charges, to widen and deepen that part powered to efof Big Otter Creek, in the Preamble of this Act mentioned, and fect improveinents in Big to divert the channel of the same from, to and into any part or Otter Creek. parts thereof, and in such manner to improve the navigation thereof, as to the said Company shall seem proper, and so as to allow of boats and vessels navigating the same; and also to make, erect and build all such locks, docks, moles, piers, wharves, buildings and erections whatsoever, as shall be necessary for the protection of the said part of the said Creek, and for the accommodation of boats, vessels, logs, timber, spars and masts, entering, passing up and down, lying, loading and unloading within the same, and to alter and amend, repair and enlarge the same, as may be found expedient and necessary, and the said Company shall have to their own proper use and benefit all water powers that may be created in erecting dams, piers, locks, moles, and other works required for the improvement of the said Otter Creek. Company may contract for purchase of Lands. agreement, Arbitrators to be appointed. III. The Directors of the said Company shall be and they are hereby empowered to contract, compound, compromise and agree with the owners and occupiers of any land that may be required for the purposes of the Company, either for the absolute purchase of so much of the said land as they shall require for the purposes of the said Company, or for the damage which he, she, or they shall and may be entitled to recover from the said Company, in consequence of the diversion of the stream from its original bed or of the improvement of the navigation of the said part of the said Creek being made, or of any road, street, or approach thereto being made, cut or constructed in and upon his, In case of dis- her, or their respective lands; and in case of any disagreement between the said Directors and the owner or owners, occupier or occupiers aforesaid, it shall and may be lawful from time to time, for each owner or occupier so disagreeing with the said Directors, either upon the value of the lands and tenements proposed to be purchased, or upon the amount of damages to be paid to them as aforesaid, to nominate and appoint one indifferent person, and for the said Directors to nominate another indifferent person, who, together with one other person, to be chosen by the persons so named, shall be arbitrators to award, determine, adjudge and order the respective sums of money which the said Company shall pay to the respective persons entitled to receive the same, the award of a majority of whom shall be final, and in case of either party refusing after due notice to nominate an arbitrator, then the County Judge may appoint an arbitrator to act in behalf of the party so refusing; and the said arbitrators shall, and they are hereby required to attend at some convenient place in the vicinity of the said intended improvement, to be appointed by the said Directors after eight days' notice given them for that purpose by the said Directors, then and there to arbitrate, award, adjudge and determine such matters and things as shall be submitted to their consideration by the parties interested; and such arbitrators shall be sworn before some one of Her Majesty's Justices of the Peace in and for the County of Elgin, any one of whom may be required to attend the said meeting for that purpose, well and truly to assess the damages between the parties according to the best of his Judgment: Provided always Award may that any award made under this Act shall be subject to be set be set aside for aside on application to the Court of Queen's Bench, in the same manner and on the same grounds as in ordinary cases of submission by the parties, in which case reference may be again Lands may be made to arbitrators as herein before provided: and upon paytaken on payment or tender of the amount of such award to the proper party, ment of award. and not before, the Company shall have power to take the land or to do the thing to which the award relates. Proviso. cause. ceive tolls for Company em- IV. As soon as the said improvements shall have so advanced powered to re- as to allow of vessels, boats, logs, timbers, spars and masts use of said passing through any part of the said part of the Creek, the said Company shall have full power and authority to ask for, demand, demand, receive and take as tolls to and for their own proper improve- Sawed lumber per thousand feet, board measure, one shilling Scale of tolls. and three pence;. Square or round timber in the trunk, per hundred feet running measure, nine pence; Saw logs, each, three pence; Shingles per thousand, six pence; Shingle bolts, per cord, two shillings; All kinds of grain and seeds, per bushel, one penny; Whiskey, pork and beer, and all other liquors, per barrel, four pence; Flour, per barrel, three pence; All merchandize, per barrel bulk, three pence; Lard and butter, per keg, two pence; West India staves per thousand, two shillings and six pence; Fire wood and tan bark, per cord, six pence; Esculent roots, per bushel, one penny; All merchandize not enumerated, per ton, three shillings and nine pence; Boats, vessels and other craft under twenty-five tons, five shillings; Boats, vessels and other craft above twenty-five tons, and under fifty tons, six shillings and three pence; Boats, vessels and other craft above fifty tons, seven shillings and six pence; Provided always, that the company shall have no power to Proviso. demand any toll for the use of any part of the work which shall be at the time in an insufficient state of repair or incomplete: And Proviso: tolls provided further, that no scale of tolls shall be established without subject to aphaving been submitted to and approved of by the Governor in proval. Council. V. If any person or persons shall neglect or refuse to pay the Persons netolls or dues to be collected under this Act, it shall and may be glecting or lawful for the said Company, or their officer, clerk or servant duly refusing to pay tolls, appointed, to seize and detain the goods, wares, merchandize, Company may vessels, boats, logs, timber, spars or masts on which the same are detain their due and payable, until such tolls are paid; and if the same shall property until payment, or be unpaid for the space of thirty days next after such seizure, the sell the same said company or their officer, clerk or servant as aforesaid, may sell by public and dispose of the said goods, wares, merchandize, vessels, boats, logs, auction. |