Special general meetings and powers thereof. Capital how to be raised. Company for the time being, to choose eleven Directors in the room of those whose period of office shall have expired, and generally to transact the business of the Company; but if at any time it should appear to any ten or more of such Shareholders holding together one thousand shares, at least, that a Special General Meeting of the Shareholders is necessary to be held, it shall be lawful for such ten or more of them to cause fifteen days' notice at least to be given thereof in such newspapers as are hereinbefore provided, or in such manner as the Company shall by any By-law direct or appoint, specifying in such notice the time and place and the reason and intention of such Special Meeting respectively; and the shareholders are hereby authorized to meet pursuant to such notice and proceed to the execution of the powers by this Act given to them, with respect to the matters so specified only; and all such acts of the shareholders, or the majority of them, at such Special Meetings assembled, (such majority not having either as principals or proxies less than one thousand shares,) shall be as valid to all intents and purposes as if the same were done at Annual Meetings. IX. For the purpose of making, constructing and maintain£750,000, and ing the Railway and other works necessary for the proper use and enjoyment of the Railway by this Act authorized to be constructed, it shall and may be lawful for the Directors of the said Company for the time being, to raise in such manner by loan, subscription of stock, issuing of shares or otherwise as to the Directors of the said Company for the time being shall from time to time seem fit, the sum of seven hundred and fifty thousand pounds provincial currency, such shares to be issued in sums of five pounds provincial currency each; Provided always, that the said capital sum may from time to time, if necessary, be increased in the manner provided for by those clauses of the Railway Clauses Consolidation Act, which in and by the second section of this Act are expressed to be incorporated with this Act. Proviso for increase of Capital, Directors to scrip, &c. X. It shall and may be lawful for the Directors of the said issue shares, Company for the time being, to make, execute and deliver all such scrip and share certificates, and all such bonds, debentures, mortgages or other securities, as to the said Directors for the time being shall from time to time seem most expedient, for raising the necessary capital for the time being authorized to be raised by the said Company, or for raising any part thereof. One vote for each share. XI. Every proprietor of shares in the said Company shall be entitled, on every occasion when the votes of the members of the said Waterloo and Saugeen Railway Company are to be given, to one vote for every share of five pounds currency held by him XII. All bonds, debentures and other securities to be Debentures, executed by the said Railway Company may be payable to &c., may be bearer, and all such bonds, debentures or other securities of payable to bearer. the said Company, and all dividends and interest warrants thereon respectively, which shall purport to be payable to bearer, shall be assignable at law by delivery, and may be sued on and enforced by the respective bearers and owners thereof for the time being, in their own names. XIII. Any meeting of the Directors of the said Company, at Quorum of which not less than five of such Directors shall be present, Directors. shall be competent to exercise and use all and every of the powers hereby vested in the said Directors. the amount at one XIV. Calls may be made by the Directors of the said Com- Calls how pany for the time being: Provided that no call to be made made, and upon the subscribers for stock in the said Railway Company, time, &c. shall exceed the sum of ten pounds per centum upon amount subscribed for by the respective Shareholders in the said Company, and that the amount of any such calls in any one year shall not exceed fifty pounds per centum upon the stock so subscribed: Provided also, that upon the occasion of Proviso; ten any person or Corporation becoming a subscriber for stock in per cent. may the said Company, it shall and may be lawful for the Provisional on subscriband other Directors of the said Company, for the time being, to ing. demand and receive to and for the use of the said Company, the sum of ten pounds per centum upon the amount so, by such person or Corporation respectively, subscribed, and the amount of such calls as shall have already been made payable in respect of the stock then already subscribed, at the time of such person or Corporation respectively subscribing for stock. be demanded XV. And whereas it may be necessary for the said Com- May purchase pany to possess gravel pits and lands containing deposits of lots of land for gravel pits, gravel, as well as lands for stations and other purposes, at con- stations, &c. venient places along their line of Railway, for constructing and keeping in repair and for carrying on the business of the said Railway; And as such gravel pits or deposits cannot at all times be procured without buying the whole lot of land whereon such deposits may be found: It is therefore enacted, that it shall be lawful for the said Company, and they are hereby authorized, from time to time, to purchase, have, hold, take, receive, use and enjoy along the line of the said Railway or separated therefrom, and if separated therefrom, then with the necessary right of way thereto, any lands, tenements and hereditaments which it shall please Her Majesty or any person or persons, or bodies politic, to give, grant, sell or convey unto, and to the use of or in trust for the said Company, their successors and assigns, and it shall and may be lawful for the said Company to establish stations or workshops on any of such lots or blocks of land, and from time to time, by deed of May dispose bargain and sale or otherwise, to grant, bargain, sell or convey land as they any of such lots of shall not re quire. Commence any portions of such lands not necessary to be retained for gravel pits, sidings, branches, wood-yards, station grounds or work-shops, or for effectually repairing, maintaining and using to the greatest advantage the said Railway and other works connected therewith. XVI. The said Railway shall be commenced within three ment and com- years and completed within ten years after the passing of this pletion of Railway. Public Act. Act. XVII. The Interpretation Act shall apply to this Act, and this Act shall be deemed a Public Act. SCHEDULE A. Know all men by these presents that I, (insert the name of the wife also, if she is to release her dower, Witness my (or our) hand (or hands) and seal (or seals) this one thousand eight hundred and day of A. B. [L. S.1 C. D. [L. S.] . O. K. Signed, sealed and delivered in the presence of Preamble. CAP. CXVI. An Act to render operative the Carillon and Grenville section of the Montreal and Bytown Railway. W [Assented to 1st July, 1856.] HEREAS the Montreal and Bytown Railway Company have already constructed a portion of the said Railway consisting of about twelve and a half miles from Carillon to Grenville, which has been ready for use during the last two years; And And whereas the Company, in consequence of financial difficulties, have been unable to complete the said road, and have been prevented from working the portion of the same already completed, by the proprietors of the lands through which the said road passes not having been indemnified for the same; And whereas it would be advantageous to that portion of the Country, and to the creditors of the said Company, that the said portion of the road should be put in operation: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: I. It shall be lawful for the Directors of the said Company Directors may to transfer, within one year from the passing of this Act, the transfer the said portion to said portion of the said Railway from Carillon to Grenville, the Wardens with the rolling-stock, to the Wardens for the time being, of of Ottawa and the Municipalities of the Counties of Ottawa and Argenteuil, Argenteuil, in in trust, for the purpose of working the said road for the bene- trust, &c. fit of the creditors of the said Company; and the said Wardens shall have all the rights, privileges and powers of the said Company, for the purposes of purchasing lands and of working and managing that portion of the said Railway. II. The transfer of the said section of the Road shall not be Wardens not accepted by the Wardens of the said Municipalities, without to accept withthe consent of the Members of the Councils, expressed by a Re- out the consent solution to be passed at a Special Meeting called for that pur- cils. pose after fifteen days' notice. of their Coun Councils may III. It shall be in the power of the said Wardens, by and Wardens, with with the consent of the Municipal Councils of the said Coun- consent of ties of Ottawa and Argenteuil, to borrow a sum not exceeding borrow £6000 six thousand pounds Sterling, for the purpose of paying and for the purindemnifying the proprietors of the lands through which the poses of this said portion of the road runs, and also to pay the claims of the workmen who have been employed on the said Road, and to make the necessary repairs to put the same in working order, on the security of the said portion of the road and to be a first mortgage on the same. Act. IV. It shall be the duty of the said Wardens to apply the pro- How the proceeds of the said road,-first, to the payment of the running ex- ceeds of the Railway shall penses; secondly, to the payment of the interest on the said sum be applied by of six thousand pounds sterling, or any portion thereof which the Wardens. may have been borrowed by the said Wardens for the purposes aforesaid; thirdly, for creating a sinking fund of two per cent per annum on the sum so borrowed, for the purpose of paying the same;-and the balance of said proceeds, if any, shall be by them Balance to be deposited in some chartered Bank in the City of Montreal, to be ap- deposited for plied to the payment of the claims of the creditors against the said the creditors. Company, in proportion to their respective claims and according to the priority or preference of such claims. Company may resume the off. V. The said Montreal and Bytown Railway Company shall have a right to assume the said Section, on repayment of the said portion said six thousand pounds sterling, or such portion thereof as when the said £6,000, and shall have been borrowed for the purposes aforesaid and all uninterest is paid paid interest accrued thereon, with other necessary charges,and the powers of which they are hereby divested, shall then be again vested in the said Company, and the functions of the parties in whom they are hereby vested shall cease; and whenever the said six thousand pounds sterling, and all interest thereon, and other charges authorized to be paid under this Act, shall be paid off, then the said Railway and powers shall revert to and be reinvested in the said Company. Creditors' VI. Nothing in this Act shall be interpreted to divest any of rights of Com- the creditors of the said Company of any claim or right they might have or exercise before the passing of this Act. pany saved. Public Act. VII. This Act shall be deemed a Public Act. CAP. CXVII. Preamble. Incorporation An Act to incorporate the Kingston and Newburgh W1 [Assented to 1st July, 1856.] HEREAS Overton Smith Gildersleeve, John Watkins, William Wilson, David Shaw, John R. Dickson, John R. Forsyth, James Harty, Archibald J. McDonell, Alexander Campbell, Thomas Kirkpatrick, George Davidson, and Horatio Yates, of the City of Kingston, Esquires, and others, have petitioned the Legislature to incorporate a Company to construct a Railway from the City of Kingston through Clark's Mills to Newburgh, and it is expedient to grant the prayer of the said petitioners: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: I. The above named persons, together with such persons, of Coinpany. corporations, municipalities and companies, as well foreign as provincial, as shall under the provisions of this Act become Shareholders in the Company 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 Newburgh Railway Company." Corporate name. Certain clauses of 14 & 15 V. c 51, incorporated with this Act. II. The several clauses of "The Railway Clauses Consolidation 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," "Direc tors, their election and duties," "shares and their transfer," "municipalities |