bour author 12. It shall be lawful for the Company to rent or purchase Purchase of the Whitby Harbour, with the piers, wharves, elevators, and all Whitby harother appurtenances thereto belonging or therewith used and ized. enjoyed on such terms and conditions as may be mutually agreed upon, and to carry on all manner of business usually carried on in connection therewith. 13. The name of the Company shall be "The Whitby, Port Name changed Perry and Lindsay Railway Company," and not "The Whitby and Port Perry Extension Railway Company:" Provided always that nothing herein contained shall be construed to make the said corporation a new corporation, or to make void or impair the effect of any proceeding, deed, instrument or writing in which the said Company shall be designated by its former name, but such proceeding, deed, instrument or writing, shall and may hereafter be continued, construed, and have effect as if the name hereby assigned to said corporation had been assigned to it by the Act incorporating the Company and was inserted in such proceeding, deed, instrument or writing, instead of the name therein used. transferred to 14. All the real and personal property, shares or stock, obli- Property gations, debts, rights, claims and privileges of the said Company new Company. shall be and are hereby transferred to and vested in the said "The Whitby, Port Perry and Lindsay Railway Company;" and subject to all the rights or liabilities now affecting the same, and all the shareholders in said Company shall be shareholders for like amounts, and with like rights in "The Whitby, Port Perry and Lindsay Railway Company;" but all legal proceedings heretofore regularly begun by or against the Company may be continued under the name or style of cause in which they have been instituted for the benefit of or against "The Whitby, Port Perry and Lindsay Railway Company." and recoverable when proper from any property so vested in it. CHAP. 83. An Act to Incorporate the Guelph Street Railway [Assented to 2nd March, 1877.] HEREAS certain persons have, by their petition, prayed Preamble. that they may be incorporated under the title of "The Guelph Street Railway Company," for the purpose of constructing and operating Street Railways in the Town of Guelph, and the Municipalities adjoining; and whereas it is expedient to grant the prayer of the petitioners: Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Incorporation 1. James Massie, Augustus T. Kerr, Frederick Jasper Chadand corporate wick, George Sleeman, Walter Hoyt Cutten, and such other persons as shall hereafter become shareholders of the said Company, are hereby constituted a body corporate and politic under the name of "The Guelph Street Railway Company." name. Capital. Commence tions. 2. The capital stock of the Company shall be fifty thousand dollars, in five hundred shares, of one hundred dollars each. 3. The Company may begin to exercise the powers hereby ment of opera- granted as soon as ten thousand dollars of the capital shall be subscribed, and ten per centum thereon paid up, but the Company shall commence the construction of the said Railway, within one year from the passing of this Act, and shall commence to run cars upon said Railway, and work and operate said Railway in good running order within three years from the passing of this Act, otherwise this Act to be void and of none effect. Provisional Board of Constitution of 4. James Massie, Augustus T. Kerr, Frederick Jasper Chadwick, George Sleeman, and Walter Hoyt Cutten, shall be provisional Directors of the said Company, to obtain subscriptions for stock, and organize said Company, and shall hold office until the election of Directors as hereafter provided for. 5. So soon as ten thousand dollars of the capital stock has been subscribed, and ten per centum thereon paid up, the shareholders shall proceed to the election of a Board of Directors for the said Company, and the provisional Directors, or a majority of them shall call a meeting of the shareholders for that purpose, first giving two weeks' notice thereof, by advertisement in some newspaper published in the Town of Guelph. 6. The Board of Directors shall consist of five Directors, to be determined at the meeting to be held as provided for in the preceding section, each of whom shall be a shareholder of not less than one thousand dollars; such election and every question voted on at such meeting, shall be decided by ballot by a majority of votes of the stockholders (who shall have paid all calls made upon the stock held by them), present in person, or represented by written proxy, each share to have one vote; the Directors so chosen shall immediately elect one of their own number to be President, which President and Directors shall continue in office for one year, and until others shall be chosen to fill their places as may be provided by the by-laws of the said Company, and if any vacancy shall at any time happen by death, resignation, or otherwise during said year, in the office of President or Directors, the remaining Directors shall supply such vacancy for the remainder of the year, and the election of Directors shall take place annually, either on the anniversary of the day of the first election of Directors, or such other day as may be fixed by by-laws as hereinafter mentioned. 7. The Company are hereby authorized and empowered to Powers of comconstruct, complete, maintain, and operate a double or single pany. iron track Railway, with the necessary side tracks and turnouts, for the passage of cars, carriages, and other vehicles adapted to the same, upon and along such streets and highways within the jurisdiction of the Corporation of the Town of Guelph and of any of the adjoining Municipalities, as the Company may be authorized to pass along, under and subject to any agreement hereafter to be made between the said Councils of the said town and of the said Municipalities respectively and the said Company, and under and subject to any by-laws of the said corporation of the said Town and Municipalities respectively, or any of them made in pursuance thereof, and to take, transfer, and carry passengers and freight upon the same, by the force or power of animals, or such other motive power as may be authorized by the Council of said Town and Municipalities respectively by by-law, to use and to construct and to maintain all necessary works, buildings, appliances, and conveniences connected therewith. 8. The Directors shall have full power to make all by-laws Powers of and regulations for the management of the Company, the ac- directors. quirement, management, and disposition of its stock, property, and effects, and of its affairs and business; the management, collection of cash on its stock, and forfeiture thereof for nonpayment, and entering into arrangements and contracts with said Town or Municipalities, the declaration and payment of dividends out of the profits of said Company, the form and issue of stock certificates and the transfer of shares, the calling of general and other meetings of the Company, the appointment, removal, and remuneration of all officials, agents, clerks, workmen and servants of the Company, the fares to be received from persons and freight transported over said Railway or any part thereof, and in general to do all things that may be necessary to carry out the objects and the exercise of such powers incident to the Company: provided that the fare shall not exceed for each passenger five cents for carriage, for any distance not more than three miles within the limits of the Town of Guelph, and one cent additional per mile over three miles, the return ride to be charged for separately, and children under ten years of age to be carried the said three miles for three cents, and children in arms free. 9. The stock of said Company shall be deemed personal Stock to be personalty. estate, and shall be transferable in such way as the Directors by by-law direct. 10. The Company may purchase, lease, hold, or acquire and Real estate. transfer any real or personal estate necessary for carrying on the operations of the said Company. 11. The Company may substitute sleighs for railway car- Sleighs may riages during the winter months upon the road of their Railway. be used. Fares. Rails. Capital may be increased. Liability of pay 12. The above-mentioned rates of fare shall be due and able by every passenger on entering the car or sleigh, and any person refusing to pay the fare when demanded by the conductor or driver, and refusing to quit the car or sleigh, shall be liable to a fine of not less than one nor more than twenty dollars, recoverable upon conviction before any Justice of the Peace having jurisdiction, and upon default of payment of said fine and all costs forthwith, to imprisonment in the common gaol for a period of not more than thirty days. 13. The rails of said Company shall be laid so as to cause the least inconvenience possible to general traffic consistent with the proper working of said Company and flush as near as practicable with the street, which shall be kept in proper repair between and for eighteen inches on each side of said rails, by and at the expense of said Company whose vehicles shall have the right of way on the track. 14. The Directors may, from time to time, increase the capital stock of said Company for such amount or amounts as occasion may require, and also raise or borrow for the purpose of the Company any sum or sums not exceeding in the whole at any time the actual amount of the capital stock, bona fide subscribed and paid up, by the issue of bonds or debentures in such sums of not less than one hundred dollars on such terms and credit as they may think proper, and may thereby pledge or mortgage all the property, tolls and income of the Company, or any part thereof as may be expressed upon the face of any bond or debenture for the re-payment of the moneys so raised or borrowed, and the interest thereon: Provided always that the consent of two-thirds in value of the stock-holders of the Company present or represented by proxy at a special meeting to be called and held for either or both of the purposes aforesaid shall be first had and obtained: Provided always that the notice of the holding of such meeting shall be given in some newspaper published in the Town of Guelph at least two weeks previous to the holding of such meeting. 15. No stockholder shall be personally liable for the prostockholders, mises, contracts, debts, undertakings, costs, or liabilities of said Company beyond the amount remaining unpaid upon stock held by him and to that extent only after the other assets, if any, of the said Company shall be realized upon. Town of to construc tion, etc. 16. The Council of the said Town and of any of the said adjoinmunicipalities ing Municipalities or any of them and the said Company are may agree as hereby respectively authorized to make and to enter into any agreements or covenants relating to the construction of the said Railway for the paving, macadamizing, repairing, and grading of the streets and highways and the construction, opening of, and repairing of drains and sewers, and the laying of gas and waterpipes in said streets and highways, the location of the Railway Railway and the particular streets along which the same shall be laid, the patterns of rails, the number of tracks, the time and speed of running the cars, the time within which the road shall be commenced, and the time of completion, and generally for the safety and convenience of passengers, the conduct of the agents and servants of the Company, and the non-obstructing or impeding of the ordinary traffic: Provided that the powers contained in this Act shall remain in abeyance until the agreements hereinbefore in this clause mentioned shall have been entered into and made by and between the several parties herein before mentioned. may pass 17. The said Town and the said Municipalities are hereby Town, etc, authorized to pass any by-law or by-laws and to amend, repeal, by-laws. or enact the same for the purpose of carrying into effect any such agreement or covenants, and containing all such necessary clauses, provisions, rules and regulations for the conduct of all parties concerned, including the Company, and for enjoining obedience thereto, and also for the facilitating the running of the Company's cars and sleighs, and for regulating the traffic and conduct of all parties travelling upon the streets and highways through which the said Railway may pass. 18. The several clauses of the Act of the Legislature of the Certain clauses late Province of Canada known as "The Railway Act" with of Railway Act to apply. respect to the first and third clauses thereof, and also the several clauses of the said Act, with respect to "interpretation," "incorporation," "general meetings," calls," shares and their transfer," "shareholders," "actions for indemnity, and fines, and penalties, and their prosecution," except section eighty-four of the said Act (but no other clauses of the Railway Act), shall in so far only as the same are not inconsistent with or repugnant to any of the provisions of this Act, be incorporated with this Act; and the expression "this Act" when used herein shall be held and understood to include the clauses incorporated with this Act, save and except in so far as they are inconsistent with or varied by any of the provisions of this Act. CHAP. 84. An Act to Incorporate the Metropolitan Street Railway Company of Toronto. W [Assented to 2nd March, 1877.] HEREAS certain persons have by their petition prayed Preamble that they may be incorporated under the title of "The Metropolitan Street Railway Company of Toronto," for the W purpose |