vote only as individu

hold to their own use, Ten Shares at least, and that all and every copartnership, and co-partnerships, body, and bodies politic or corporate, holding any share or shares in the said Desjardins' Canal Company shall Co-partnerships to each of them Vote only as an individual Stockholder, nor shall two or als. more persons belonging to any such co partnership, or co-partnerships, No more than one body, or bodies politic or corporate, be capable of being nominated or member of a co-partchosen, or of sitting as Directors, although such persons may hold Stock nership shall be a Diin their private right or to their private use, in the said Desjardins' Canal rector. Company.

XI And be it further enacted by the authority aforesaid, That of the per

sons so as aforesaid nominated and balloted for in manner aforesaid those Form of proceeding Five shall be deemed Elected who shall have the greater number of Votes in choosing Directors. according to the shares held by the Voters respectively as hereinbefore prescribed at each and every such Election of Directors, and that at every such Election, on the First Monday of April in each and every year as aforesaid, after the Ballot shall have been kept open from Fleven of the clock in the forenoon 'till Two of the clock in the afternoon, the Five Persons having the majority of otes in the manner aforesaid shall, so soon thereafter as convenient, on the same day, be declared the Directors chosen for the ensuing year by any two or more Scrutineers who shall have been previously nominated by the Stockholders for the purpose of examination and report of such ballot; Provided nevertheless, that the Stockholders present at the place of ballot shall in nomination of Scrutineers, vote per Capita, and not by shares.

President and Vice

XII. And be it further enacted by the authority aforesaid, That the said Directors on the same day and place wherein they shall have been so President. chosen and declared Directors, shall, after all other persons retire, choose by plurality of voices one of their number President, and another of their number Vice President, in which choice the Directors shall vote per Capita, and not by shares.

tors to go out of office

XIII. And be it further enacted, by the authority aforesaid, That the Board of Directors, so to be formed as aforesaid shall, at the annual Election, Three of the Direc undergo a change of three of its members at least, so that the Directors every year. for the last year shall be ineligible as Directors for the next ensuing year; and in order to determine the persons so to be changed, it is hereby provided and declared, that whenever at any such Election, it shall happen that more than two members of the late Board shall, upon scrutiny, be found among those having the greater number of votes in manner as aforesaid, then it shall and may be lawful for the Scrutineers to strike out one, or two, or three, as the case may require, from among the reelected, such one, or two, or three, having the least number of votes, and shall in lieu, take one, or two, or three other, as the case may require, from among the others balloted for, as having the next greatest

plied.

number of votes, and the five persons so found to be chosen shall be the Directors for the ensuing year, and as such shall be declared by the Scrutineers.

XIV. And be it further enacted by the authority aforesaid, That in case of Vacancy in Board of Vacancy by death or absence for more than two months from the sittings Directors how sup- of the said Board, such vacancy shall, as often as necessary, be supplied by ballot, in the manner as aforesaid, the Directors for the time being present, declaring such vacancy and giving Public notice in one or more Newspapers to the Stockholders to meet at a day and place certain in the Village of Dundas aforesaid, for the purpose of supplying the said vacancy by ballot, in the manner aforesaid.

Vice President when to act.

XV. And be it further enacted by the authority aforesaid, That the Vice President shall act as such, only in the absence of the President, and Three Directors to be that three members, including the President or Vice President, shall be a Quorum of the said Board of Directors, and shall have all the power of the full Board, the absence of the other members notwithstanding.

a quorum.

Proceedings at the Board.

XVI. And be it further enacted by the authority aforesaid, That all questions submitted to, or coming before the Board of Directors, concerning the affairs of the said Compay, shall be decided by the majority of voices, and that the President and Vice President, when presiding, shall not Casting vote of Presi- vote unless an inequality of voices amongst the other members of the Board require his casting vote.

dent or Vice Presdient

make rules, &c.

XVII. And be it further enacted by the authority aforesaid, That the Directors for the time being, or the major part of them shall have power to make and subscribe such rules and regulations, and the same to alter and amend as to them shall appear needful, and just, and proper, touchPower of Directors to ing the management and disposition of the Stock, Property, Estate and effects of the said corporation, and touching the duties and conduct of the Clerks and Servants employed by the said Company, and shall have power to make and subscribe, in the name of the said Company, all contracts for labour, work, materials, and all other matters concerning the construction of the said Canal, and after the construction be conpleted, concerning the Navigation Tolls, Wharfage, Burdens, loading and unloading of Vessels and Boats, within the waters of the said Canal, and all other matters and things concerning as well the construction of the said Canal and all its basins, ways, bridges, paths and passages, as also concerning its charges, tolls, entries, clearances, profits, losses, dividends and revenue whatsoever, such rules and regulations not being contrary to this Act nor the Laws of this Province.

Rates of Toll.

XVIII. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the President and Directors of the said Company,

NINTH PARLIAMENT CHAP. XVIII. 7th YEAR GEORGE IV. A. D. 1826.

95

Accounts of Receipts

from time to time, to order, regulate and establish the rates of Toll, payable by persons navigating upon the said Canal,and the said Canal shall annually, if required, exhibit an account to either or every branch of the Legi-lature of this Province, of the Tolls so regulated and the amount thereof received, and other sums expended in keeping the same in repair, and and Expenditures. also of the Goods, Wares and Merchandizes transported in and along the same, such accounts to be authenticated in such manner and form as the authority so requiring the same may deem satisfactory.

XIX. And be it further enacted by the authority aforesaid, That whenever

Canal shall become

the said Tolls shall, in the annual receipts, exceed in amount a sum suffi- Terms upon which the cient to defray the expenses of maintaining and repairing the said Canal, public property. and to afford an annual income to the said Company of Twenty per Cent profit upon the Capital actually expended in the construction of the said Canal, from the time of the commencement of its navigation, for such Vessels as aforesaid, then, and in such case, the increasing surplus revenue of the said Tolls, shall be charged against the said Company, as so much by them received in the nature of a sinking fund, by means whereof, to purchase from the said Company, the entire Estate, use and property of the said Canal, to and for the use of the Public, in such manner and form as the Legislature of this Province may, by Legislative enactment, hereafter provide.

May be sooner pur

XX And be it further enacted by the authority aforesaid, That the Le gislature of this Province shall be at liberty, at any time whatever, to purchased if the Legisla chase the said entire Estate, property and use of the said Canal, from ture think fit. the said Company, by paying to the said Company the Capital. so as aforesaid, actually expended, together with Twenty five per cent advance thereupon, to the credit of which payment, all revenue exceeding Twenty-five per cent, upon the said bona fide expenditure, and over and above the expense of maintaining and repairing the said Canal, shall be charged and taken; and it is also hereby provided and declared, that if any deficiencies of the said Twenty-five per cent, annual profit, should occur Proviso. in navigation of the said Canal, such deficiences shall be also chargeable against the increasing revenue of the subsequent years, so that the Company may fairly and actually receive Twenty per cent profit on their said bona fide expenditures for the whole time for which they shall or may enjoy the estates, rights and privileges of the said Company.

XXI. And be it further enacted by the authority aforesaid, That the said What real estate the Company shall have full power and authority for the purposes of forming Company may hold. Width of space reserand completing the said Canal, to purchase and hold in their corporate ved for Canal, path, capacity such real estate as may be necessary for all the purposes of the basins, &c. said Canal and of this Act, Provided always, that the lines of demarkation on the right and left side of the said Canal, in its whole course, shall not be Width of space reless than two chains apart, in any portion of the route, and that the space Path, Basins, &c

served for Canal,

between these lines shall be wholly occupied by the Canal, its banks, basins, roads, towing paths and bridges.

XXII. And be it further enacted by the authority aforesaid, That the said Directors of the said Company, for the time being, shall have full power to contract, compound, compromise and agree with the owners and ocCompany empowered cupiers of any land, throughout or upon which the said Canal may most cessary for the Canal, advantageously pass, so that such purchase shall embrace and extend to the aforesaid proposed lines of demarkation of two chains distance from each other, throughout the course of the said Canal.

to acquire the land ne

paths, &c.

ment as to value arbi

ed, &c.

XXIII. And be it further enacted by the authority aforesaid, That if, in the In case of disagree- making of such contract, composition, compromise or agreement, any obtrators to be appoint- Stacle should arise between the parties thereto, touching the value of the portion of land to be bought for the purposes aforesaid, then, and in such case, it shall and may be lawful for the directors, for the time being, from time to time, as they or the majority of them may think fit, to appoint one or more person or persons as arbitrator or arbitrators on the part of the said Company, and also for the party or parties disagreeing, as to the value as aforesaid, to appoint one or more person or persons, being an equal number with those chosen by the said Directors, as arbitrator or arbitrators on his or their part, and that the persons so chosen on both sides, shall, having met for that purpose, choose by ballot one other indifferent person, and the whole number of persons so chosen shall be the arbitrators between the parties disagreeing, and that the said arbitrators shall be sworn by a Justice of the Peace. justly, impartially and equally, as far as in them lie, to the best of their judgment, to determine the matter to be to them referred.

proceed.

an

XXIV. And be it further enacted by the authority aforesaid, That if, after eight days notice in writing, given to the party so differing as to the value as aforesaid, such party will not nominate or appoint an arbitrator or arbitrators as aforesaid on his part, it shall and may be lawful for the said Directors to add to their first nomination as many others, not being Stockholders of the said Company, as and for the arbitrators of the party so refusing to nominate for himself, and such added arbitrators shall have like power as if named by the party himself, and shall ballot for the additional arbitrator.

XXV. And be it further enacted by the authority aforesaid, That the Board How arbitrators shall of arbitrators so constituted, shall fix a convenient day for hearing the respective parties, and shall give eight days notice at least of the day and place, and having heard the parties or otherwise examined into the merits of the matters so brought before them, the said arbitrators, or a majority of them, shall make their award and arbitrament thereupon in writing, which award or arbitrament shall be final, as to the value so in dispute, as aforesaid.

refuse to accept the

XXVI. And be it further enacted by the authority aforesaid, That if the Party refuse to accept the value of the Land so ascertained by the Arbi. In case the party shall trators as aforesaid, till the end of the second Term in His Majesty's sum awarded. Court of King's Bench next after the making of the Award and Tender of the value thereby ascertained, then and in such case the said Directors for the time being, shall be at liberty, and shall have full power, to occupy the piece of Land so valued by the Arbitrators, and to Cut, Excavate, Embank, and otherwise use the same, for the purposes of the said Canal, in the same manner, as other portions of the route thereof.

In case of ejectments

Second arbitration.

XXVII. And be it further enacted by the authority aforesaid, That if any Action of Ejectment, or other Action, real, personal, or mixed, for, being brought award or on account of the said Occupation, Cutting, Excavation, Embankment, may be pleaded in bar or other use of the same, by the said Company, their Servants or Agents, or other Person or Persons using the said Canal or Roads, Bridges, Pathways, Passes, or other Commodities thereof; the said Award shall and may be Pleaded in Bar to such Action any time after the said two Terms in the said Court of King's Bench, notwithstanding any defect in form or substance in the said Award. Provided always, and it is hereby enacted and declared, That it shall and may be lawful to, and for the Party or Parties interested in the Land mentioned in the Award, or the Agents by Council, at any time within the two next terms as aforesaid, after the same hath been made, and the amount of the value Awarded tendered, to move the Court of King's Bench to set aside such award for corruption or any other matter or thing, for which Awards are now subject to be impugned at Law. Provided also, That if the first Award be so set aside by the Court of King's Bench, the matter indifference may again Several arbitrators. be submitted to other Arbitrators, and so toties quoties till satisfaction be rendered between the parties.

Bridges over high

ways.

XXVIII. And be it further enacted by the authority aforesaid, That whenever it shall be necessary to cut into or upon any highway, in order to conduct the said Canal by or through the same, the said Company shall, within one month after cutting through or into such highway, cause to be constructed a secure, sufficient, and commodious Bridge for the passing of Carriages, or otherwise sufficiently repair the damage so as to reestablish the communication between the several parts of such highway under a Penalty of Five Pounds Currency for each and every day after Penalty. the expiration of the said time, which the said Company shall neglect to construct such Bridge or repair such damage as aforesaid. And Whereas, The Navigation of the Water between the Work or Canal contemplated by this Act, and the Outlet from Burlington Bay into Lake Ontario may be obstructed by ordinary Bridges erected thereon, and connecting public highways legally established for remedy whereof. Be it therefore enacted by the authority aforesaid, That it shall and may be Lawful for the