Location. Authorized to increase How the course of the Railway between the River Richelieu may be changed. the said Company to construct a Branch Line, extending from Stanbridge aforesaid, through the Counties of Missisquoi and Shefford, in such course as will enable the said Company to connect their Line from Stanbridge aforesaid, with the Passumpsick and Connecticut River Rail-road at the Province Line, bordering on the Counties of Franklin and Orleans, in the State of Vermont: 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, That the said Montreal and Vermont Junction Rail-way Company shall, within six years from the passing of this Act, and under the provisions, conditions and limitations in the first recited Act mentioned, have power and authority to construct a Branch Line of Rail-way to connect the Montreal and Vermont Junction Rail-way Company with the Passumpsick and Connecticut River Rail-road and the Missisquoi Valley Rail-road, by such favorable and direct route as the said Company may select, from the Main Line of the Montreal and Vermont Junction Rail-way, at some point in the Township of Stanbridge, in the County of Missisquoi aforesaid, and extending through the Parish of Saint Armand, in the said County, and also through the Valley of the Missisquoi River, in the Township of Sutton in the said County, and in the Township of Potten in the County of Shefford, and touching the Province Line at the said Counties of Franklin and Orleans, II. And be it enacted, That for the purpose of making and constructing the said Branch Line of Rail-way, it shall be competent for the said Company to increase the amount of the Capital authorized to be raised by the said hereinbefore recited Act, by the amount or sum of Two Hundred Thousand Pounds currency, which shall be subscribed and raised, and divided into shares, in the same manner and of the same amount as the Capital of the said Company in the said Act. III. And be it enacted, That it shall be lawful for any five or more proprietors of shares in the said undertaking, holding together One Hundred Shares at least, who may and the Province line be desirous of changing either wholly or in part the course and direction of the said intended Rail-way between the River Richelieu and the Province Line, to cause a Special General Meeting of Proprietors to be held at Bedford, in the County of Missisquoi, for that purpose, at any hour on any day not being a Sunday or Holiday, and in any public house or place designated in a public notice of such meeting, inserted at least once a week in some newspaper published in the English language, and at least once a week in some newspaper published in the French language in the District of Montreal, and also legibly written or printed in both languages, and posted up at the church doors of Saint Armand West and Stanbridge respectively, during at least four weeks next preceding such day; and if at such meeting it shall be decided by a majority of the votes of those present either in person or by proxy, that such change is desirable for the interests of the Company, it shall be lawful for the said Company to make such change accordingly: Provided always, that the votes of the Proprietors shall be reckoned, and the majority ascertained, at the said Special General Meeting, and the same shall be in every respect not herein specially mentioned and provided for, regulated and governed according to the provisions in the said Act contained with reference to Special General Meetings of the said Proprietors. Proviso, Surveys and levels to be made in the above case. Map or Plan, IV. And be it enacted, That in the event of any such total or partial change as aforesaid being decided upon as aforesaid, the said Company may, by some Sworn Land Surveyor for Lower Canada, and by an Engineer or Engineers by them to be appointed, cause to be taken and made surveys and levels of the lands through which so much of the said intended Rail-way is to be carried in pursuance of such change, together with a Map or Plan of so much of the said intended Rail-way and of the new course and direction thereof, and of the said lands through which the same is to pass as aforesaid, and the lands intended to be taken as aforesaid for the several purposes authorized by by the said first cited Act and by this Act, as far as then ascertained, and also a Book Book of Reference. of Reference for so much of the said intended Rail-way, in which shall be set forth a description of the said several lands and the names of the owners, occupiers and proprietors thereof, so far as they can be ascertained by the said Company, and in which shall be contained every thing necessary for the right understanding of such Map or Plan; which said Map or Plan and Book of Reference shall be examined and certified by the person performing the duties formerly assigned to the Surveyor-General or his Deputies, who shall deposit copies thereof in the office of the Prothonotary of Copies to be filed. the Superior Court in and for the District of Montreal, and also in the office of the Secretary of the Province, and shall also deliver one copy thereof to the said Company, and all persons shall have liberty to resort to such copies so to be deposited as aforesaid and to make extracts or copies therefrom as occasion may require, paying to the said Secretary of the Province or Prothonotary at the rate of Six Pence current money of this Province for every hundred words; and the said triplicates of the said Map or Extracts may be Plan and Book of Reference so certified, and a true copy or copies thereof, certified by made, &c. the Secretary of the Province or by the Prothonotary of the Superior Court in and for the said District of Montreal, shall severally be, and are hereby declared to be, good evidence in all Courts of Law and elsewhere. V. And be it enacted, That the said Company, in making the said intended Rail-way, in the event of the course and direction of so much thereof as aforesaid being either wholly or partially changed as aforesaid, shall not deviate more than a mile from the line of the Rail-way, or from the places assigned to the several works of the Company in the Map or Plan and Book of Reference deposited as aforesaid, nor cut, carry, place, lay down or convey the said Rail-way into, through, across, under or over any part of the lands or grounds not shewn and mentioned in such Map or Plan and Book of Reference as being required for such purpose, or as being within one mile of the said line and of the places assigned therein to the said works respectively, (save in such instances as are herein or in the said Act specially provided for) without the consent of the party or parties who could under the provisions of the said Act and this Act convey such lands. VI. And be it enacted, That any Municipal Corporation through which the said Montreal and Vermont Junction Rail-way, or the said branch shall be carried, or which shall be interested therein, shall have power to subscribe for any number of Shares in the Stock of, or lend to or guarantee the payment of any sum of money borrowed by the Company from any Corporation or person, or to endorse or guarantee the payment of any Debentures to be issued by the Company for money by them borrowed, and shall have power to assess and levy from time to time upon the rateable property of the Municipality, a sufficient sum for them to discharge the debt or engagement so contracted, and for the like purpose to issue Debentures, payable at such times, and for such sums respestively, not less than Five Pounds currency, and bearing or not bearing interest, as such Municipality may think meet, provided that the said interest shall not exceed eight per centum per annum. To be good evidence. Certain powers con ferred, in the event taking place. of the above change Municipal Corpora tions may subscribe for shares, lend money to the Company, &c. VII. And be it enacted, That any such Debenture issued, endorsed or guaranteed, Debentures to be in shall be valid and binding upon such Municipal Corporation, if signed and endorsed, the form prescribed and countersigned by such Person or Officer, and in such manner and form as shall by By-law, be directed by any By-Law of the Corporation, and the Corporation Seal thereto shall not be necessary, or the observance of any other form with regard to the Debenture, than such as shall be directed in such By-Law as aforesaid. VIII. And be it enacted, That no such Municipal Corporation shall subscribe for Stock, or incur any debt or liability under this Act, or the first cited Act, unless and until a By-Law to that effect shall have been duly made and adopted with the consent first had of a majority of the qualified Electors of the Municipality to be ascertained in such manner as shall be determined by the said By-Law, after public advertisement thereof, containing a copy of such proposed By-Law, inserted at least four times in any Newspaper printed within the limits of any such Municipality, or if none be printed 263 therein, As to the By-law to be made prior to cor- shares, or incurring The Mayor, &c., to be ex officio one of the Directors, in a cer tain case. Provisions to be deem herewith. Exceptions. therein, then in some one or more Newspapers printed in the City of Montreal, and circulated in the said Municipality. IX. And be it enacted, That the Mayor or other Officer, being the Head of such Municipal Corporation, subscribing for and holding Stock in the said Company to the amount of Five Thousand Pounds currency, or upwards, shall be and continue to be ex officio one of the Directors of the said Company, in addition to the number of Directors authorized by the said first cited Act, and shall have the same rights, powers and duties as any of the said Directors of the said Company. X. And be it enacted, That all and every the clauses and provisions of the said ed to be incorporated hereinbefore recited Act, shall be deemed to form part and be incorporated herewith, and shall in every respect apply hereto as fully as if the said recited Act and the provisions thereof had been at length inserted into and contained herein, save in the particulars in this Act contained; and save and except the Map or Plan and Book of Reference herein mentioned, may be validly made and deposited at any time within one year from the passing of this Act: And further, provided always, that the same tolls shall be payable at the same time and under the same circumstances upon the said Rail-road, constructed in and by the said Acts incorporating the said Company, and upon the said Branch Rail-road established by this Act, so that no undue advantage, privilege, or monopoly may be afforded to any person or class of persons, by any By-laws relating to the Tolls or by reason of the said Tolls. Proviso. No tolls to be levied until approved, &c. By-laws relating to tolls to be subject to revision-others may be substituted by an order in Council, Public Act. Preamble, XI. And be it enacted, That no Tolls shall be levied or taken by the said Company until approved of by the Governor in Council, nor until after two weekly publications in the Canada Gazette, of the By-law establishing such Tolls, and of the Order in Council approving thereof. XII. And be it enacted, That every By-law fixing and regulating Tolls, shall be subject to revision by the Governor in Council, from time to time, after approval thereof as aforesaid; and after an Order in Council reducing the Tolls fixed and regulated by any By-law shall have been twice published in the Canada Gazette, the Tolls mentioned in such Order in Council shall be substituted for those mentioned in such By-law, so long as such Order in Council remains unrevoked. XIII. And be it enacted, That this Act shall be deemed a Public Act. CAP. CXLVI. An Act to incorporate "The Kingston and Toronto Rail-way Company." [30th August, 1851.] W HEREAS it is desirable, in carrying out the design of a main trunk line of Rail-way through the Province of Canada, that a Company should be incorporated for the purpose of constructing so much of the said Rail-way as may extend from the City of Kingston to the City of Toronto ; And whereas Francis Manning Hill, Mayor of the City of Kingston, David Roblin, Warden of the United Counties of Frontenac, Lennox and Addington, George Benjamin, Warden of the County of Hastings, William Hamilton Ponton, Mayor of the Town of Belleville, Asa Allworth Burnham, Warden of the United Counties of Northumberland and Durham, William Weller, Mayor of the Town of Cobourg, James Smith, Mayor of the Town of Port Hope, and John George Bowes, Mayor of the City of Toronto, have petitioned for the passing of a law incorporating a Joint Stock Company for the purpose of constructing a single or double track iron Rail-road or way, to extend from Kingston to Toronto aforesaid: 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 the authority of the same, That the said Francis Manning Hill, David Roblin, George Certain persons incorBenjamin, William Hamilton Ponton, Asa Allworth Burnham, William Weller, James porated. Smith, and John George Bowes, with all such other persons or Corporations as shall become Shareholders 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 Kingston and Toronto Rail-way Company." II. And be it enacted, That the several clauses of "the Rail-way Clauses Consolidation Enactments incorpoAct," to be passed during the present Session with respect to the first, second, third and rated with this act. 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," "Tolls," "General 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 Rail-way," and "General Provisions," shall be incorporated with this Act. III. And be it enacted, That the said Company and their Agents or Servants shall have full power under this Act, to lay out, construct, make and finish a double or single iron Rail-road or way, at their own costs and charges, on and over any part of the country, lying between the said City of Kingston and the said City of Toronto. IV. And be it enacted, That the Governor shall, with all convenient speed, cause to be ascertained by actual survey, the shortest and most direct line between Kingston and Toronto, having due regard to the best grades and the interests of the Province, and that the said Company shall construct the said Rail-way on the line selected by the Governor after such survey. V. And be it enacted, That all Deeds and Conveyances for 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 the circumstances of the party making such conveyances will admit, be made in the form given in the Schedule of this Act marked A, and all Registrars are hereby required to enter in their Registry Book such Deeds on the production thereof, and proof of execution, without any Memorial, and to minute such entry on the said Deed, and the said Company are to pay to the said Registrar, for so doing, the sum of Two Shillings and Six Pence, and no more. Power to construct a Rail-road between Line to be ascertained by order of the Go vernor. Certain Deeds to be made according to form in Schedule A. Registrars to enter such Deeds, &c. Fee. VI. And be it enacted, That the Capital Stock of the said Company shall not exceed Capital Stock in the whole the sum of Seven Hundred and Fifty Thousand Pounds currency, to be divided in Thirty Thousand Shares of Twenty-five Pounds each, which amount shall be raised by the persons above named, or some of them, together with such other persons and corporations as may become subscribers towards such Stock; and the said money so raised shall be applied, in the first place, towards the payment and discharge of all fees, expenses and disbursements for procuring the passage of this Act, and for making the surveys, plans and estimates connected with the Rail-way, and all the rest and remainder of such money shall be applied towards making, completing and maintaining the said Rail-way and other purposes of this Act, and to no other purpose whatever : Provided always, that until the said preliminary expenses connected with the said Proviso. Rail-way shall be paid out of the Capital Stock thereof, it shall be lawful for the Municipality of any County, City or Town on the line of the said road, to pay, out of the General Funds of such Municipality, their fair proportion of such preliminary expenses; which sum shall be refunded to such Municipality from the Stock of the said Company, or be allowed to them in payment of Stock. VII. And be it enacted, That until one third of the Capital Stock of the said Who shall manage Company shall have been subscribed, the affairs of the said Company shall be managed the Stock of Compaby the Heads of the Municipalities of the Counties of Frontenac, Lennox and ny. Addington, Hastings, Northumberland and Durham, and York, the Cities of Kingston and Toronto, and the Towns of Belleville, Cobourg and Port Hope, or by such persons in lieu thereof as may be appointed under the Seal of the said Municipalities, who, or a 263** majority Meeting of Members. Proviso, Directors. Quorum, &c. Qualification of Instalments. Ratio of votes to shares, Company may be sory notes, &c. majority of them, are hereby authorized to take all necessary measures for opening the Stock Books and commencing the operations of the Company. VIII. And be it enacted, That so soon as one third of the said Capital Stock shall have been subscribed, a General Meeting of the Shareholders shall be held at the City of Kingston for the purpose of putting this Act into effect, which meeting may be called by the Heads of any five Municipalities of Cities or Counties on the line of road, fifteen days' public notice thereof being given, and to be published once in one newspaper in each City or County on the line of road, at which said General Meeting, the Shareholders present, either in person or by proxy, shall choose nine Directors in manner and qualified as hereinafter mentioned, who, together with the ex officio Directors as provided by the Rail-way Clauses Consolidation Act, shall hold office until the first Monday in April following: Provided, that the Heads of Municipalities subscribing for Stock may represent such Stock at the said first meeting, or in their absence such persons as may be duly authorized under the Seal of the Municipality for the purpose, and such Heads of Municipalities or persons so voting shall vote according to the Scale of Votes hereinafter mentioned, and in the same manner as individual Shareholders. IX. And be it enacted, That on the first Monday in April in each year, at such time and place as shall be appointed by the Directors of the previous year, there shall be chosen by the Shareholders, nine Directors, in the manner hereinafter mentioned; and public notice of such annual election shall be published one month before the day of election in the Canada Gazette, and also once fifteen days before the election in one newspaper in each City or County on the line of road; and all elections for such Directors shall be by ballot, and the persons who shall have the greatest number of votes at any election shall be Directors, and if it shall happen that two or more shall have an equal number of votes, the Shareholders shall determine the election by another or other votes until a choice is made; and if any vacancy shall at any time happen among the Directors by death, resignation or removal from the Province, such vacancy shall be filled for the remainder of the year by a majority of the Directors, and that the said nine Directors, together with the said ex officio Directors, shall form the Board of Directors. X. And be it enacted, That six Directors shall form a quorum for the transaction of business: Provided, That the said Directors may employ one or more of their said number, as paid Director or Directors. XI. And be it enacted, That the persons qualified to be elected Directors of said Company under this Act, shall be any Shareholder, holding Stock to the amount of Five Hundred Pounds, who shall have paid up all Calls on the said Stock. XII. And be it enacted, That it shall and may be lawful for the Directors at any time to call upon the Shareholders for a first Instalment of Five per cent. upon each Share which they or any of them may respectively subscribe for ; and that the residue of the amount of Shares of the Shareholders shall be payable by Instalments at such times and in such proportions as the Directors of the said Company may see fit, so as no such Instalment shall exceed Ten per cent: Provided always, that the said Directors shall not commence the construction of the said Rail-way or way until the said first Instalment shall be called in. XIII. And be it enacted, That each Shareholder, whether in his own right, or representing any Municipality holding less than two hundred Shares, shall be entitled to the number of Votes proportioned to the number of Shares which he or they shall have had in his or their name at least two weeks prior to the time of voting: Provided that no one Shareholder as aforesaid, shall have more than three hundred votes. XIV. And be it enacted, That the said Company shall have power to become parties come parties to promis to Promissory Notes and Bills of Exchange for sums not 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 of the Company or Vice-President, and countersigned by the Secretary and Treasurer, and under the authority of a majority of a |