Proviso. Proviso. Annual or semi-annual made by the Directors. shall be lawfully required by the Directors as due and payable upon any share or shares, such Stockholder or Stockholders so refusing or neglecting, shall forfeit such share or shares as aforesaid, with any amount that shall have been previously paid thereon; and that the share or shares so forfeited, may be sold by the said Directors, and the sum arising therefrom, together with the amount previously paid thereon, shall be accounted for and applied in like manner as other monies of the said Company: Provided always, that the purchaser or purchasers shall pay the said Company the amount of the said instalments required over and above the purchase money of the share or shares so purchased by him, her or them as aforesaid, immediately after the sale, and before they shall be entitled to the Certificate of the transfer of such shares so purchased as aforesaid: Provided always, that thirty days' notice of the sale of such forfeited shares shall be given in any newspaper published in each of the said Districts, and that the instalments due may be received in redemption of any such forfeited shares, at any time before the day appointed for the sale thereof. XXIX. And be it enacted, That it shall be the duty of the Directors to make annual dividends to be or semi-annual dividends of so much of the profits of the said Company, as to them or a majority of them shall seem advisable; and that once in each year an exact and particular statement shall be rendered of the state of their affairs, debts, credits, profits and losses, such statement to appear in the books, and to be open to the perusal of any Stockholder at his or her reasonable request, which said statement, attested on oath, shall be submitted annually to the three branches of the Legislature within thirty days after the opening of each Session of the Provincial Parliament, as also a statement of the tonnage of goods, and number of passengers that have been conveyed along the said Road. Statements to be prepared and submitted to the Stockholders and to the Legis lature Company may sum of money up. XXX. And be it enacted, That whenever the sum of two hundred and fifty thousand borrow further pounds of the Capital Stock of the said Company shall have been paid up and expended when £250,000 in the construction of some part or parts of the said Rail-road, it shall and may be lawof the Capital ful for the President and Directors of the said Company being thereto authorized by a Stock is paid General Meeting of the Stockholders to be called for that purpose, to borrow by way of loan from such party or parties as shall be willing to advance the same, and at the lowest rate of interest for which it can be got or procured, such sum or sums of money not to exceed the balance of the Stock not paid in, for the purpose of carrying on and completing the said Rail-road; and the said road or such parts thereof as may be constructed, with the income of Tolls arising therefrom, after paying the necessary expenses of conducting the business thereof, and also the repairs thereof, may be pledged as security for the payment of the principal money so borrowed and the interest thereof. Amount of loan limited: property of the Company may be mortgaged for security. Road to be commenced and completed within a cer tain time, and pain of for feiture of pri vileges. XXXI. And be it enacted, That the said Rail-road which the said Company are by this Act authorized to make, shall be commenced within four years from the passing of this Act; otherwise the said Act, and every matter and thing therein contained shall cease and be utterly void; and the said Rail-road shall be completed and fit for public use within ten years from the passing of this Act; otherwise this Act shall cease to have force and effect with regard to such parts of the said Rail-road as shall not then be completed, but shall remain in force with regard to such parts of it as shall then be completed and in use. actions. XXXII. And be it enacted, That if any action or suit shall be brought against any Limitation of person or persons for any matter or thing done in pursuance of this Act, such action or suit shall be brought within six calendar months after the fact committed, and not afterwards, and the defendant or defendants in such action or suit may plead the general issue and give this Act and the special matter in evidence on the trial. XXXIII. 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 noticed by all Judges, Justices of the Peace and other persons without being specially pleaded. Legislature may alter or Act. After a cer tain time Company may ex XXXIV. And be it enacted, That notwithstanding the privileges hereby granted and confirmed, the Legislature may at any time hereafter make such addition to this Act amend this or such alterations of any of the provisions thereof as they may think fit and proper for affording just protection to the public, or to any person or persons, bodies politic or corporate in respect to their estate, property or rights, or any interest therein, or any advantage, privilege or convenience connected therewith, or in respect to any way or right, public or private, that may be affected by any of the powers given by this Act. XXXV. And be it enacted, That the Company by this Act incorporated, may at any time within four years from the day of passing thereof, extend their line of Rail-road from the said Town of Kingston to the Boundary Line of the Province of Canada, opposite Cape Vincent, in the State of New York, one of the United States of America, in manner following, that is to say: by means of steam communication (for the purposes of the said road only) from the said Town of Kingston to any point on the northern shore of Garden Island, and thence by Rail-road across the said Garden Island, and across a small channel of the River St. Lawrence to Wolfe Island, and thence across Wolfe Island to any convenient point on the southern shore of the said Wolfe Island, and thence by means of steam communication (for the purposes of the said road only) to the Boundary Line of the said Province, opposite Cape Vincent as aforesaid. XXXVI. And be it enacted, That if the said Company shall determine to extend their line of road as provided for in the foregoing section, they shall cause thirty days' public notice to be given in all the newspapers printed and published in the Town of Kingston, of such intention, and the line of road shall be thereupon considered to be extended accordingly, and all the clauses, provisions and enactments of this Act shall thereupon be held to be extended to such increased line as fully to all intents and purposes, as though the same had been originally included in the route of the said road." tend their line boundary of trin Gr den Island and the Province, Wolfe Island. Know all men by these Presents, that I, A. B. of do hereby in consideration of (here state the purchase money) paid to me by the Wolfe Island, Kingston and Toronto Rail-road Company, the receipt whereof is hereby acknowledged, grant, bargain, sell, convey and confirm unto the said Wolfe Island, Kington Kingston and Toronto Rail-road Company, their Successors and Assigns for ever, all that certain tract or parcel of land situate (here describe the land) the same having been selected and laid out by the said Company for the purposes of their road. To Have and to Hold the said land and premises together with the hereditaments and appurtenances thereto to the said Wolfe Island, Kingston and Toronto Rail-road Company, their Successors and Assigns for ever. MONTREAL:-Printed by STEWART DERBISHIRE & GEORGE DESBARATS, ANNO DECIMO VICTORIA REGINÆ. CAP. CIX. An Act to incorporate the Peterborough and Port Hope Railway Com. pany. Reserved for the signification of Her Majesty's pleasure, 9th June, 1846. WE Certain persons incorpoPeterborough Railway Com pany. rated as the and Port Hope The Royal Assent given by Her Majesty in Council, on the 30th October, following; and Proclamation made thereof by His Excellency EARL CATHCART, in the Canada Gazette of December 26, 1846HEREAS it is desirable for the general benefit of the Districts of Newcastle Preamble. and Colborne, that a Railway should be constructed from the Town of Peterborough to Lake Ontario, at or near Port Hope; and whereas it is expedient to incorporate a Joint Stock Company for the purposes hereinafter named: 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 George Barker Hall, David Smart, James Hall, Frederick Ferguson, Marcus F. Whitehead, Francis Burton, Henry H. Meredith, Joseph Graham, Robert Waddell, James Smith, James Harvey, William H. Wrighton, Thomas Benson, Thomas Ward, Nesbitt Kirchoffer, Francis Beamish, John David Smith, Edward Hickman, and Elias P. Smith, with all such other persons as shall become Stockholders, in such Joint Stock or Capital 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 Peterbo- Corporate rough and Port Hope Railway Company; and by that name they and their successors shall and may have continued succession, and by that 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, suits, complaints, matters and concerns whatsoever; and they Common Seal. 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 successors by the same name of The Peterborough and Port Hope Railway Company, shall by law be ca- May hold real pable of purchasing, having and holding to them and their successors, any estate, real and personal or personal or mixed, to and for the use of the said Company, and of letting, conveying and otherwise departing therewith, for the benefit and on account of the said Company, from time to time as they shall deem necessary and expedient: Provided always, Proviso: real nevertheless, that the real estate to be held by the said Company shall be only such as may be required to be held by them for the purpose of making, using and preserving the said Rail-road, and for objects immediately connected therewith. powers. estate. estate limited. Company may construct Railroad over any part of the country be. tween Peterborough and Lake Ontario. Company may contract, &c. with land owners. Arbitrators to be appointed if the Company and the parties cannot agree. tor. II. 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 or wooden Rail-road or way, at their own costs and charges, on and over any part of the country lying between the said Town of Peterborough and Lake Ontario, and to take, convey and transport thereon, passengers, goods and property, either in carriages used and propelled by the force of steam, or by the force of animals, or any other mechanical or other power, or by any combination of power which the said Company may choose to employ. III. And be it enacted, That the said Company are hereby empowered to contract, compound, compromise and agree with the owner or owners, occupier or occupiers of any lands upon which they may determine to construct the said Rail-road, either for the purchase of so much of the said land 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 Rail-road being made and constructed in and upon his, her or their respective 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 such owner or occupier, so disagreeing with the said Company, either upon the value of the lands and tenements, or private privileges proposed to be purchased, or upon the amount of daThird Arbitra- mages to be paid to them as aforesaid, to nominate and appoint one indifferent person, and for the said Company to nominate one other indifferent person, who together with one other person to be chosen by the persons so named, before proceeding to business, or, in the event of their disagreeing as to the choice of such other person, to be appointed by the Judge of the District Court for the District in which the lands are situate before the others proceed to business, shall be Arbitrators to award, determine, order and adjudge 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 are hereby required to attend at some convenient place in the vicinity of the said intended Rail-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 Arbitrators to 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 in which the subject matters of the said disagreement shall originate, any 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 made 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 be sworn. Proviso: Awards may be set aside in certain cases. IV. 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 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, then their right to assume any such property or commit any act in respect of which such sum of money was awarded, shall wholly cease, and it shall be lawful for the proprietor to resume |