Dairy Far mers. Failure to not to dissolve Company. 1. In addition to the powers conferred by section four of the said Act, the said Company shall have power to carry on the business of Dairy Farmers, and all things pertaining thereto; the raising, buying and selling of horses, cattle and other live stock and farm produce, and the manufacture and sale of cheese. 2. The said Company shall not be dissolved by a failure elect Directors heretofore or hereafter to elect Directors at the time prescribed by the said Act, and it shall be lawful to make such election on any subsequent day, in the manner provided for the annual election; and in case of such a failure any three of the shareholders shall have the right to call a special meeting for the purpose of holding an election. Preamble. Incorporation name. CHAP. 72. An Act to Incorporate the Leamington, Comber, and [Assented to 2nd March, 1877.] WHEREAS the construction of a Railway from a point on the shore of Lake Erie, in or near the Village of Leamington, in the County of Essex, and thence to a point in or near the Village of Stoney Point, on the shore of Lake St. Clair, in the said County, has become desirable, for the purpose of developing certain portions of the County of Essex, and for the public benefit and accommodation of the inhabitants thereof; and whereas George Russell, Charles H. Fox, Charles Chamberlain, William Ryall, Peter Conover, William Watson, Peter Williams, James Baker, John Askew, William Hazleton, George A. Morse, Robert Lamarsh, Matthew William Scott, and Henry J. Coulson, have petitioned that an Act may pass to construct the Railway aforesaid; and whereas it is expedient to grant the prayer of the said petition: Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. George Russell, Charles H. Fox, Charles Chamberlain, and corporate William Ryall, Peter Conover, William Watson, Peter Williams, James Baker, John Askew, William Hazleton, George A. Morse, Robert Lamarsh, Matthew William Scott, and Henry J. Coulson, together with such persons and corporations as shall in pursuance of this Act become shareholders of the Company hereby incorporated, are hereby declared to be a body corporate and politic, by the name of the Leamington, Comber, and Lake St. Clair Railway Company. 2. 2. The several clauses of the Railway Act of the Consoli- Railway Act dated Statutes of Canada, and amendments, thereto with respect to apply. to the first, second, third, fourth, fifth and sixth clauses thereof; also the several clauses thereof with respect to "interpretation," "incorporation," "powers," "plans and surveys," "lands and their valuation," "highways and bridges," 'fences," "tolls," "general meetings," "President and Directors-their election and duties," "calls," "shares and their transfer," "municipalities," "shareholders," "actions for indemnity, and fines and penalties, and their prosecution," "by-laws, notices, &c.," "working of the railway, and general provisions," shall be deemed to be part of this Act, and shall apply to the said company, and to the Railway to be constructed by them, except so far as they may be inconsistent with the enactments hereof; and the expression, "this Act," when used herein, shall be understood to include the clauses of the said Railway Act, so incorporated with this Act as aforesaid. 3. The Company hereby incorporated, and their agents or Location of servants, shall have full power and authority under this Act Line. to lay out, construct and finish an iron railway from such point near or within the limits of the Village of Leamington, on the shore of Lake Erie, or as near thereto as may be deemed desirable, and continuing the same through the Townships of Mersea and Tilbury West, to a point at or near the Village of Stoney Point, and at or near the shores of Lake St. Clair; and it shall and may be lawful for the said Company to take and appropriate for the use of said railway, and the works connected therewith, so much of the land as may be necessary for the works of the said Railway, but not to alienate the same. 4. The capital of the Company hereby incorporated shall Capital Stock. be fifty thousand dollars, with power to increase the same in the manner provided by the said Railway Act, to be divided into one thousand shares, of fifty dollars each, and shall be raised by the persons and corporations who may become shareholders in such body; and the money so raised shall be applied in the first place for the payment of all expenses for procuring the passing of this Act, and for making the surveys, plans and estimates connected with the works hereby authorized, and the remainder of such money shall be applied to the making, equipment, completion and working of the said Railway, and the purposes of this Act. Directors. 5. George Russell, Charles H. Fox, Charles Chamberlain, Provisional William Ryall, Peter Conover, William Watson, George A. Morse, John Hooker, Robert Lamarsh, John Askew, Matthew William Scott, Lewis Wigle, and Michael J. Malott shall be and are hereby constituted a Board of provisional Directors of the said Company, and shall hold office as such until other Directors are appointed under the provisions of this Act, by the Powers of provisional directors. When Meeting for the Elec ors may be alled. the shareholders; and it shall be lawful for the provisional Directors for the time being of the said Company, or a majority of the Directors present at a meeting called for the purpose, to supply the place or places of any of their number from time to time declining or dying, or becoming incapable to act as such provisional Directors, and to associate with themselves, at a meeting of Directors called for the purpose of deciding thereon, not more than five other Directors, who shall thereupon become and be Directors of the company equally with themselves; which appointments, whether by reason of death or resignation, or the association of not more than five other Directors, shall be made from the several subscribers for stock in the said Railway Company, to the amount of two hundred dollars each, during the period of their continuance in office, and on which ten per centum shall be paid. 6. The said Board of provisional Directors shall have full power to open up stock books, and to procure subscriptions for the undertaking, to make calls upon subscribers, to cause surveys and plans to be executed, and to call a general meeting of the shareholders for the election of Directors, as hereinafter provided; and such provisional Directors may appoint a committee from their number to open such stock books, giving at least three weeks' notice in the Ontario Gazette, and in one paper published in the Village of Leamington, of the time and place of meeting to open such books and receive such subscriptions, and such committee, or a majority of them, may in their discretion, exclude any person from subscribing, who in their judgment would hinder or delay the Company in proceeding with their Railway. 7. When, and so soon as shares to the amount of twenty tion of Direct- thousand dollars in the capital stock of the Company shall have been subscribed, and ten per centum shall have been paid into one of the chartered banks of the Province, or of the Dominion, or when and so soon as such subscriptions, together with sums granted by Municipalities, either by way of loans or subscription, shall have been deposited in one of the chartered banks of the Province, or with the Provincial Treasurer, in the names of trustees, as hereinafter provided, the provisional Directors, or a majority of them present at a meeting duly called for the purpose, shall call a meeting of the subscribers, for the purpose of electing Directors, giving at least three weeks' notice in a paper published in the Village of Leamington, and in the Ontario Gazette, of the time, place, and object of such general meeting; and at such general meeting the shareholders present, either in person or by proxy, and who shall at the opening of such meeting have paid the ten per cent. on the stock subscribed by them, shall elect seven persons to be Directors of the said Company, in manner and qualified as hereinafter directed, which said Directors, together with ex officio officio Directors under the Railway Act, or this Act, shall constitute a Board of Directors, and shall hold office until the first Monday of May, in the year following their election. debentures 8. The sums so paid shall not be withdrawn from the bank Sums and except for the purposes of this Act, nor shall the debentures so deposited, apdeposited be otherwise applied than to the purposes of the plication of. Railway, as defined in the by-law or agreement between the Municipality or Municipalities granting the same, and the Railway Company, in relation thereto. Calls. 9. The Directors for the time being may from time to time Power to limit make calls as they think fit, provided that no calls shall be amount of inade at any one time of more than ten per centum of the amount subscribed by each shareholder, and thirty days notice shall be given of each call, as provided in section six. 10. Thereafter the general annual meeting of the share- General anholders of the said Company shall be held in such place in the nual meetings. Village of Leamington, and on such days and on such hours as may be directed by the by-laws of the said Company, and public notice thereof shall be given, at least four weeks previously, in the Ontario Gazette, and once a week for four weeks in a newspaper published in the Village of Leamington. 11. Special general meetings of the shareholders of the said Special genecompany may be held in such places in the Village of Leam- ral meetings. ington, and at such times and in such manner, and for such purposes as may be provided by the by-laws of said Company, upon such notice as is provided in the last preceding section. 12. In the election of Directors under this Act, no person Qualifications shall be elected a Director unless he shall be the holder and of directors. owner of at least ten shares of the stock of the said Company, upon which all calls have been paid up. etc. 13. Aliens as well as British subjects, and whether resident Shareholders in this Province or elsewhere, may be shareholders in the said right to vote, Company, and all such shareholders shall be entitled to vote on their shares equally with British subjects, and shall also be eligible to office as Directors in the said Company. 14. At all meetings of the Board of Directors, whether of Quorum. provisional Directors or of those elected by the shareholders, four Directors shall form a quorum for the transaction of business; and the said Board of Directors may employ one of their number as paid Director. 15. In case at least fifty of the persons rated on the last Aid from muniassessment roll as freeholders, who may be qualified voters cipalities. under the Municipal Act in any Municipality, do petition the Council of such Municipality to pass a by-law as hereinafter set out, and expressing the desire of the said petitioners to aid in the construction of the said Railway by granting a bonus to the After passing by-law, debentures to issue. Power to exempt from taxation. Gauge. Municipal debentures, delivery to trustees. the said Company for this purpose, and stating the amount which they so desire to grant and to be assessed therefor, the Council of such Municipality shall introduce a by-law and submit the said by-law to the vote of the qualified ratepayers of the Municipality defined in the said petition : 1. For raising the amount so petitioned for by such freeholders in such Municipality, by the issue of the debentures of the Municipality, payable in twenty years or earlier, or by annual instalments, and for the delivery to trustees of the debentures for the amount of said bonus at the times and on the terms specified in said petition; 2. For assessing and levying upon all the rateable property lying within the Municipality defined by said petition, an annual special rate sufficient to include a sinking fund for the re-payment of the debentures with interest thereon, said interest to be payable yearly or half yearly, which debentures the Municipal Council and the Reeves and other officers thereof are hereby authorized to execute and issue in such cases respectively: Provided, the said by-law shall not be valid unless it has received the assent of the duly qualified ratepayers of the Municipality in the manner provided by law in the case of a by-law requiring the assent of the ratepayers of a Municipality before its final passing. 16. It shall be the duty of the Reeve or other head of the Council upon such petition to call a meeting of the Council for the purpose of introducing such by-law, and submitting the same to the ratepayers; and within one month after the passing of such by-law, the said Council and the Reeve or other head thereof, and the other officers thereof, shall issue the debentures for the bonus thereby granted, and deliver the same to the trustees appointed, or to be appointed under this Act. 17. It shall be lawful for the corporation of any Municipality through any part of which the Railway of the said Company passes or is situate, by by-law especially passed for that purpose, to exempt the said Company and its property within such Municipality, either in whole or in part from municipal assessment or taxation, or to agree to a certain sum per annum, or otherwise in gross or by way of commutation or composition for payment, or in lieu of all or any municipal rates or assessments to be imposed by such municipal corporation and for such term of years as to such municipal corporation may seem expedient, not exceeding twenty-one years. 18. The said Railway may be of any gauge. 19. Whenever a Municipality or Municipalities shall grant a bonus to aid the said Company, the debentures therefor shall be within six weeks after the passing of the by-law delivered to three trustees, one to be named by the Company, one by the Municipalities granting such bonuses, and one by the Lieutenant-Governor in Council; Provided always, that if the Municipal |