An Act to incorporate The Cobourg and Port Hope Road Company.

WH

[ 28th July, 1847. ]

HEREAS the construction of a substantial Road from the town of Cobourg to Preamble. the town of Port Hope, along the base line commencing at the limit of the town of Cobourg, thence along the base line and partly on the present travelled road to King-street, in Port Hope, would be highly beneficial to the inhabitants of the Townships of Hamilton and Hope, who reside in the vicinity of the said road, and would likewise be a great benefit to the public at large, by so far improving the direct line of communication between the eastern and western parts of the Province; and whereas certain inhabitants of the said Towns and Townships and others, have formed themselves into a Joint Stock Company for the purpose of constructing a good and substantial road as aforesaid, and have subscribed for stock to a large amount in the said undertaking; and whereas a Petition has been presented by the inhabitants of the said Townships, praying for an Act to incorporate a Joint Stock Company for the aforesaid purpose, as well as to extend the said road by degrees to the western boundary line of the Newcastle District; and whereas it is expedient that an Act should be passed to incorporate 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, 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 William Weller, James Smith, Zaccheus Certain perBurnham, Nesbitt Kirchoffer, Marcus F. Whitehead, Thomas Eyre, D'Arcy E. Boulton, sons incorpoAsa A. Burnham, with all such other persons as have subscribed for Stock in the prospectus or undertaking of the Company, and all such persons as shall become Stockholders in the Capital Stock of the said Company 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 Cobourg and Port Hope Road Company, and by Corporate that name they and their successors shall and may have continued succession, and by such name shall be capable of contracting and being contracted with, of suing and being sued, pleading and being impleaded, answering and being answered unto in all Courts and places whatsoever, in all manner of actions and complaints, matters and concerns 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 that they and their

rated.

name and powers.

Proviso as to real estate.

Company may make a Plank or other road

to King Street

successors by the same name of The Cobourg and Port Hope Road Company, shall be by law capable of purchasing, having and holding to them and their successors, any estate, real or personal or mixed, to and for the use of the said Company, and of letting, conveying or otherwise departing therewith for the benefit and on account of the said Company from time to time as they shall deem necessary and convenient; Provided always nevertheless, that the real estate to be held by the said Company shall be only such as shall be required to be held by them for the purpose of making and using the said road and for objects immediately connected therewith.

II. And be it enacted, That the said Company and their servants and agents, shall have full power under this Act to lay out, construct and finish a plank, stone or from Cobourg gravel road at their own proper costs and charges on and over the present travelled in Port Hope. Kingston road from the limits of the town of Cobourg to the centre of King-street in the Village of Port Hope, and upon and over such portions of the line of country lying between those two places as shall be deemed necessary by the said Company to straighten the said road, and also to overcome and avoid the hills npon the said line of road.

Company may make contracts for the pur

III. And be it enacted, That the said Company are hereby empowered to contract, compound and agree with the owners and occupiers of any lands upon which they may chase of land, determine to construct the said road, either by purchase of so much of the said land

&c.

be had in case of disagree

ment.

and privileges as they shall require for the purposes of the said Company, or for the damages which he, she or they shall and may be entitled to receive of the said Company, in consequence of the said intended road being made and constructed in and upon Arbitration to his, her or their repective lands; and in case of any disagreement between the said Company and the owner or owners, occupier or occupiers as aforesaid, it shall and may be lawful from time to time, for each owner and occupier so disagreeing with the said Company, either upon the value of the lands and tenements or privileges proposed to be purchased, or upon the amount of damages to be paid to them as aforesaid, to nominate and appoint one or more indifferent person or persons, and for the said Company to nominate an equal number of indifferent persons 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 the majority of whom shall be final; and the said Arbitrators shall be, and hereby required to attend at some convenient place in the vicinity of the said road, to be appointed by the said Company, after eight days' notice given for that purpose by the said Company, then and there to arbitrate and award, adjudge and determine such matters and things as shall be submitted to their consideration by the parties interested; and that each Arbitrator shall be sworn before some one of Her Majesty's Justices of the Peace in and for the District of Newcastle, 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, that any award under this Act shall be subject to be set 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 a reference may be again made to arbitration as hereinbefore provided.

Meetings of Arbitrators. * Sic-are omitted.

Arbitrators to be sworn.

Proviso:

Award may be set aside for cause

District Judge

IV. And be it enacted, That if after eight days' notice in writing given to the party Arbitrator in so disagreeing as to the value aforesaid, such party shall not nominate or appoint an

may appoint

certain cases.

Arbitrator

Arbitrator or Arbitrators as aforesaid on his part, or if the land required by the said Company be the property of a minor, or lunatic, or person absent from this Province, then and in any such case the Judge of the District Court of the said District of Newcastle shall and may nominate and appoint one or more Arbitrator or Arbitrators on their behalf; with the same powers and authority as if appointed by the party or parties so refusing or neglecting to appoint an Arbitrator or Arbitrators in his or their behalf, or so being a minor, or lunatic, or absent from this Province, including the power to meet and make a choice of the additional Arbitrator; and if either of the parties or their Arbitrator or Arbitrators shall fail to attend for the purpose of arbitrating as aforesaid, after due notice of the time and place of holding such arbitration, then it shall be lawful for the party attending with his or their Arbitrator or Arbitrators to proceed with the arbitration, and the Arbitrator or Arbitrators so attending may appoint an equal number of Arbitrators for the party failing to appear, and the Arbitrators so appointed on both sides shall then choose an additional Arbitrator in the manner pointed out in the third section of this Act, and in such case the award shall be binding on the party neglecting to appear.

Sum of money awarded tion to be paid

for compensa

within three

award is made,

V. And be it enacted, That whatever sum of money may be finally awarded to any person or persons for compensation for property required to be occupied, or for damages occasioned by the interference of the said Company with his or their property, rights or privileges, shall be paid within three months from the time of the same being awarded; and in case the said Company shall fail to pay the same within that period, their right to assume any such property, or commit any act in respect of which such on pain of sum of money was awarded, shall wholly cease; and it shall be lawful for the proprietor to resume his occupation of such property, and to possess fully his rights and privileges in respect thereof, free from any claim or interference from the said Company.

nullity.

Company may enter into ing to Corporations and

lands belong.

other parties

for the pur

vey.

poses of surAnd may build works,

&c, necessary

for their Road.

May alter the

VI. And be it enacted, That the said Company and their agents, servants and workmen are hereby authorized and empowered to enter into and upon the lands and grounds of or belonging to any other person or persons, bodies politic or corporate, between the Town of Cobourg aforesaid and Port Hope aforesaid, and to survey and take levels of the same or any part thereof, and to set out and ascertain such parts thereof as they shall deem necessary and proper for making the said road, and all such matters and conveniences as they shall think proper and necessary for making, effecting, preserving, completing and using the said intended road; and also to make, build, erect and set up in and upon the said route of the road aforesaid, or upon the land adjoining or near the same, all such works, ways, roads and conveniences as the said. Company shall think convenient and necessary for the purposes of the said road; and also from time to time to alter, repair, amend, widen or enlarge the same or any other same. of the conveniences above mentioned, as well for carrying or conveying of goods, commodities, timber and other things to and from the said road, as for the carrying and conveying all manner of materials necessary for making, erecting, furnishing, altering, repairing, amending, widening or enlarging the works of or belonging to the said road, and also to place, lay, work and manufacture the said materials on the ground near to the place or places where the said works, or any of them, are or shall be intended to be made, erected, repaired or done, and to build and construct the several works and erections belonging thereto; and also to make, maintain, repair or alter any fences or And make passages through the said road or which shall communicate therewith, and to fences, pas

sages, &c.

construct, erect, and keep in repair any piers, arches or other works in and upon any creeks or brooks, for making, using, maintaining and repairing the said road and also to construct, make and do all other matters and things which they shall think necessary and convenient for making, effecting, preserving, improving, completing and using Doing as little the said road, in pursuance and within the true meaning of this Act; they the said Company doing as little damage as may be in the execution of the several powers to them hereby granted, and making satisfaction in manner herein mentioned for all damages to be sustained by the owners or occupiers of such lands, tenements or hereditaments.

damage as

possible and

making satis faction.

Governor and

fix Tolls.

VII. And be it enacted, That it shall and may be lawful for the Governor and Direc Directors may tors of the said Company, from time to time to fix, regulate and receive the tolls and charges to be received from all persons passing and repassing over the said road hereby authorized to be constructed, erected, built, made and used, which rates or tolls may be altered from time to time as circumstances may require; Provided, the rate of tolls do not exceed the rate of tolls established by the Government from time to time upon that part of the said Kingston Road which leads into Toronto.

Proviso as to rate of Tolls.

Road, &c.

vested in the Company.

Governor and

erect Tollgates across the Road.

Penalty on persons des

troying gates,

&c.

Or injuring or

forcibly passing without paying Toll.

Penalty.

Fines, &c. how to be levied,

Governor and
Directors may

commute
Tolls.

VIII. And be it enacted, That the said road from Cobourg to Port Hope, and all materials which shall be from time to time got or provided for constructing, building, maintaining or repairing the same, and the said tolls as hereinbefore mentioned, shall be and the same are hereby vested in the said Company and their successors for ever.

IX. And be it enacted, That the Governor and Directors of the said Company shall have full power to erect such number of Gates in or across the said road, and to erect and maintain such toll-houses and other erections as to them may seem necessary and convenient for the due performance of their business.

X. And be it enacted, That if any person shall cut, break down or destroy in any other way any of the gates or toll-houses to be erected by virtue of this Act, every such person so offending and being lawfully convicted, shall be deemed guilty of a misdemeanour, and be punished by fine and imprisonment; and if any person or per sons shall remove any earth, stone or timber on the said road, to the damage of the same, or shall forcibly pass or attempt to pass by force any of the gates without having first paid the legal toll at such gate, and such person or persons shall pay all damage by them committed, and shall forfeit and pay a fine not exceeding five pounds nor less than one pound currency, to be recovered before any Justice of the Peece for the Dis trict of Newcastle.

XI. And be it enacted, That the fines and forfeitures authorized to be imposed by this Act shall and may be levied and collected by distress and sale of the offender's goods and chattels, under the authority of any warrant or warrants for that purpose to be issued by any one of Her Majesty's Justices of the Peace for the District of Newcastle, who are hereby authorized and empowered to grant the same.

XII. And be it enacted, That the said Governor and Directors, if they think proper, may commute the tolls with any person or persons, by taking of him, her or them a certain sum, either monthly or annually, in lieu of such tolls, and that the said Table of Tolls Governor and Directors shall affix in a conspicuous place at all such toll-gates, a Table of the Rates of Tolls to be exacted and taken, to be plainly and legibly printed.

to be posted

up.

Penalty on

ing out of

Road and

again enter

ing so as to evade Tolls. Application

XIII. And be it enacted, That if any person or persons shall, after proceeding on the said road with any of the carriages or animals liable to pay toll, turn out of the Protosaid road into any other road, and shall enter into the said road beyond any of the said Gate or Gates, without paying toll, whereby such payment shall be evaded, such person or persons shall for every such offence, forfeit and pay the sum of five shillings, which said sum shall be expended on the said road, or towards the discharging of any debts or other incumbrances thereon, and any one Justice of the Peace for the District of Penalty. of Newcastle shall, on conviction of such offender, fine such person in the said penalty, and from his judgment there shall be no appeal.

XIV. And be it enacted. That if any person or persons occupying or possessing any enclosed lands near any Toll-houses or Toll-gates which shall be erected in pursuance of this Act, shall knowingly permit or suffer any person or persons to pass through such lands, or through any gate, passage or way thereon, with any carriage, horse, mare, gelding, or other animal liable to the payment of the toll, whereby such payment shall be avoided, every person or persons so offending, and also the persons riding or driving the animal or animals or carriage, whereon such payment is avoided, being thereof convicted, shall for every such offence severally forfeit and pay any sum not exceeding five shillings, which shall be laid out in improving such road.

and recovery

Penalty on mitting any one to pass lands to evade

persons per

through their

Toll.

from Toll.

XV. And be it enacted, That Her Majesty's Mail, and persons, animals and car- Exemptions riages employed in the conveyance thereof, Her Majesty's officers and soldiers being in proper Staff or Regimental or Military uniform dress or undress, and their horses, (but not when passing in hired or private vehicles,) and all carriages or horses belonging to Her Majesty, or employed in Her service, when conveying persons in such service or returning therefrom, and all recruits marching by route, and all persons, animals and carriages attending funerals on any day of the week, or going to or returning from Divine Service on the Lord's Day, shall pass Toll-free through any Turnpike or Tollgate to be erected under the authority of this Act.

Property, &c. of Company to be managed by five Di elected yearly holders.

rectors to be

by the Stock

Quorum.

Elections to be

by ballot.

XVI. And be it enacted, That the property, affairs and concerns of the said Company shall be managed and conducted by five Directors, one of whom shall be chosen Governor, who shall hold their offices for one year after the second election; which said Directors shall be Stockholders to the amount of at least eight shares, and may be elected on the second Monday in January in each and every year after the present year; any three of such Directors shall be a quorum and may exercise all the powers and authorities conferred by this Act on the Governor and Directors, and the said election of Directors shall be held and made by such of the Stockholders of the said Company as shall attend for that purpose in their own proper persons or by proxy; and all elections for such Directors shall be by ballot, and the five persons who shall have the greatest number of votes at any election shall be Directors, and if it shall happen at any such election that two or more have an equal number of votes in such a manner that a greater number of persons than five shall by a plurality of votes appear to be chosen Directors, then the said Stockholders hereinbefore authorized to hold such election shall proceed to elect by ballot until it is determined which of the said persons so having an equal number of votes shall be Director or Directors, so as to complete the whole number of five; and the said Directors so chosen, as soon as may be after the Directors to said election, shall proceed in like manner to elect by ballot one of their number to be Governor; and if any vacancy or vacancies at any time happen among the Directors,

by

Case of equali

provided for.

elect a Gover

nor.