were due and payable at a certain time or times, whereby an action hath accrued to the said Company to recover such sum or sums with interest and costs; and the production of the newspapers containing such calls shall be evidence that the same were made as therein stated; and neither in such action, nor in any other action, suit or legal proceeding by the Company, shall the election of the Directors, or the authority of them, or of the Solicitor acting in the name of the Company, be called in question except by the Company, nor shall it in any such case be necessary to name the Directors, or any of them.

under this Act

how recovered and applied, otherwise provided for.

when not

Levy by dis

of goods and

chattels,

LI. And be it enacted, That all fines and forfeitures imposed by this Act, or Forfeitures which shall be lawfully imposed by any By-law to be made in pursuance thereof, (of which By-law, when produced, all Justices are hereby required to take notice,) the levying and recovering of which fines and forfeitures are not particularly herein directed, shall, upon proof of the offence before any one or more Justice or Justices of the Peace for the District, either by the confession of the party or parties, or by the oath or affirmation of any one credible witness (which oath or affirmation such Justice or Justices are hereby empowered and required to administer without fee or reward,) be levied by distress and sale of the offender's goods and chattels, by Warrant under the tress and sale hand and seal or hands and seals of such Justice or Justices; and all such fines, forfeitures or penalties by this Act imposed or authorized to be imposed, the application whereof is not hereinbefore particularly directed, shall be paid into the hands of the Treasurer or Receiver of the monies to be raised by virtue of this Act, and shall be applied and disposed of for the use of the said Rail-road or undertaking, and the overplus of the money raised by such distress and sale, after deducting the penalty and the expenses of the levying and recovering thereof, shall be rendered to the owner of the goods so distrained and sold; and for want of sufficient goods and chattels whereof to levy the said penalty and expenses, the offender shall be sent to the Common Gaol for the District wherein he is convicted, there to remain without bail or mainprize for such term not exceeding one month as such Justice or Justices shall think proper, unless such penalty and forfeiture and all expenses attending the same shall be sooner paid and satisfied.

LII. And be it enacted, That if any person or persons shall think himself, herself or themselves aggrieved by any thing done by any Justice or Justices of the Peace in pursuance of this Act, every such person or persons may, within four calendar months after the doing thereof, appeal to the Justices of the Peace at the General Quarter or General Sessions to be holden in and for the District.

Imprisonment sufficient chat

for want of

tels.

Limitation of actions for

in pursuance of this Act.

LIII. And be it enacted, That if any action or suit shall be brought or commenced against any person or persons for any thing done or to be done in things done pursuance of this Act, or in the execution of the powers and authorities, or of the orders and directions hereinbefore given or granted, every such action or suit shall be brought or commenced within six calendar months next after the fact committed; or in case there shall be a continuation of damage, then within six calendar months next after the doing or committing such damage shall cease, and not afterwards.

LIV. And be it enacted, That any contravention of this Act by the said Company or by any other party, for which no punishment or penalty is herein provided, shall be

Any contra-
Act not other-

vention of this

wise punisha- a misdemeanor, and shall be punishable accordingly; but such punishment shall not misdemeanor. exempt the said Company (if they be the offending party) from the forfeiture of this Act and the privileges hereby conferred on them, if by the provisions thereof or by law the same be forfeited by such contravention.

ble, to be a

Her Majesty may assume the Rail-way

ditions.

LV. And be it enacted, That Her Majesty, Her Heirs and Successors may at any time after twenty-one years from the complete construction of the said Rail-way on certain con- assume the possession and property thereof, and of all the property which the said Company is hereby empowered to hold and shall then have, and of all the rights, privileges and advantages vested by this Act in the said Company, (all which shall after such assumption be vested in Her Majesty, Her Heirs and Successors,) on giving to the said Company three years' notice of the intention to assume the same, and on paying to the said Company, within three months of the expiration of such notice, the whole current amount of their Capital Stock according to its value at that time, and twenty per cent. additional thereon.

Map and book

of reference
to be deposited,
and the Rail-
way completed

within certain
periods, or this

Act to be void.

Company annually to subaccounts to the Legislature.

mit detailed

Further provi

sion may be made touching

such accounts.

Saving of Her Majesty's rights, &c.

What must

be done before commencing operations.

LVI. And be it enacted, That the said Company, to entitle themselves to the benefits and advantages to them granted by this Act, shall and they are hereby required to make and deposit the map or plan and book of reference mentioned in the fifth Section of this Act within twelve months after the passing thereof, and to make and complete the said Rail-way from Melbourne aforesaid to the Province Line in the first section mentioned in manner aforesaid, as soon as possible from the passing of this Act; and if the said map or plan and book of reference be not so made and deposited within the said twelve months, or if the said Rail-way shall not be so made and completed within the period of twelve years so as to be used by the public as aforesaid, then and in either case this Act and every matter and thing therein contained, shall cease and be utterly null and void.

LVII. And be it enacted, That the said Company shall annually submit to the three Branches of the Legislature, within the first fifteen days after the opening of each Session of the Provincial Parliament, after the opening of the said Rail-way or any part thereof to the public, a detailed and particular account, attested upon oath, of the monies by them received and expended under and by virtue of this Act, with a classified statement of the amount of tonnage and of passengers that have been conveyed along the said Rail-way; And no further provisions which the Legislature may hereafter make with regard to the form or details of such account, or the mode of attesting or rendering the same, shall be deemed an infringement of the privileges hereby granted to the Company.

LVIII. And be it enacted, That nothing herein contained shall affect or be construed to affect, in any manner or way whatsoever, the rights of Her Majesty, Her Heirs and Successors, or of any person or persons, or of any bodies politic, corporate or collegiate, such only excepted as are herein mentioned.

LIX. And be it enacted, That the said Company shall not proceed to lay down or commence the construction of the said Rail-road until shares to the amount of five hundred thousand pounds shall have been taken in the Capital Stock of the said Company, and ten per cent. thereon shall have been paid into the hands of the Treasurer of the said Company, nor until the said election of Directors hereinbefore in that behalf provided shall have been held.

LX. And be it enacted, That this Act shall be deemed and taken to be a Public Public Act. Act, and as such shall be judicially taken notice of by all Judges, Justices of the Peace and others, without being specially pleaded.

LXI. And be it enacted, That nothing herein contained shall be construed to except Company not the Rail-road by this Act authorized to be made, from the provisions of any general any general exempted from Act relating to Rail-roads, which may be passed during the present or any future Ses- Rail-way law. sion of Parliament.

MONTREAL :-Printed by STEWART DERBISHIRE & GEORGE DESBARATS,

Law Printer to the Queen's Most Excellent Majesty.

An Act for incorporating The Toronto and Goderich Rail-way Company.

Reserved for the signification of Her Majesty's pleasure, 28th July, 1847.

The Royal Assent given by Her Majesty in Council on the 15th April, 1848; and Proclamation made thereof by His Excellency JAMES, EARL OF ELGIN AND KINCARDINE, in the Canada Gazette of the 24th June, 1848.

HEREAS the Honorable Henry John Boulton, the Honorable Adam Fergus- Preamble. son, John Cameron, Alexander M. Clark, William Clarke, Adam Johnston Fergusson, Thomas Galt, John Galt, William Charles Gwynne, John Wellington Gwynne, George Herrick, Samuel Peters Jarvis, John Macdonell, Joseph C. Morrison, Alexander D. Fordyce, and others, have associated themselves together as a Joint Stock Company, for the purpose of constructing a Rail-way from the City of Toronto, passing through the town of Guelph and the waste lands of the Crown lying to the north of a tract of land commonly known as the Huron Tract, to the Port of Goderich on Lake Huron; And whereas the said Joint Stock Company has caused a survey of the said route to be made; And whereas the said Honorable Henry John Boulton and others have presented their petition, praying to be incorporated under the name and style of The Toronto and Goderich Rail-way Company; And whereas George J. Grange, and one hundred and ninety-nine others, inhabitants and freeholders of the District of Wellington, through which District it is proposed that the said Railroad shall pass, have also presented a petition, praying that the prayer of the petition of the said Honorable Henry John Boulton and others shall be granted; And whereas Arthur Ackland, and sixty-eight others, inhabitants and freeholders of the District of Huron, through which District it is also proposed that the said Rail-way shall pass, have likewise presented a petition, and have thereby prayed that the prayer of the said petition of the said Honorable Henry John Boulton and others shall be granted; And whereas the construction of the said Rail-way would in a very important manner tend to advance the interests and to promote the settlement of the several Districts through which the said Rail-road is proposed to be constructed, and would be attended with results highly beneficial to the Province; And whereas it is therefore expedient that the prayer of the said petition of the said Honorable Henry John Boulton and others should be granted; And whereas it is highly expedient to encourage the investment of British Capital in undertakings of this nature, and for that purpose to give facilities to persons residing in Great Britain and Ireland to become Shareholders in such undertakings; 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