How fines, etc., recoverable. If no goods, offender to be imprisoned. Fines, etc., to treasurer of which such party is attached, the justice may either proceed to hear and determine the case ex parte, or issue his warrant for apprehending and bringing the party before himself or some other Justice of the Peace, or the justice may, without previous summons, issue such warrant, and the justice before whom the parties appear or are brought shall proceed to hear and determine the case. R. S. O. 1877, c. 153, s. 67. 50. The fines and forfeitures authorized to be summarily imposed by this Act may be recovered upon information and complaint before any Justice of the Peace of the county within which the same have been incurred, and shall be levied and collected by distress and sale of the offender's goods and chattels, under the authority of a warrant of distress for that purpose, to be issued by the justice before whom the conviction has. been had. R. S. O. 1877, c. 153, s. 68. 51. In case there are no goods or chattels to satisfy such warrant, the offender shall be committed to the common gaol of the district or county for any period not exceeding one month. R. S. O. 1877, c. 153, s. 69. 52. All fines and forfeitures collected under the authority of be paid to the this Act shall be paid to the treasurer of the company owning the company. the work in respect of which such fines and forfeitures have been imposed, for the use of the company. R. S. O. 1877, c. 153, s. 70. Limitation of actions. Within what time works to etc. 53. Any action against any person for any matter or thing done in pursuance of this Act, shall be brought within six months next after the fact committed, and not afterwards; and the defendant therein may plead not guilty by statute, and give this Act and the special matter in evidence on the trial. R. S. O. 1877, c. 153, s. 71. MISCELLANEOUS. 54. Every such company shall, within two years from the be completed, day of their becoming incorporated, complete each and every work undertaken by them, and mentioned in the report required prior to the incorporation of the company, and for the completion whereof they may be incorporated; in default whereof they shall forfeit all the corporate and other powers and authority which they have in the meantime acquired; and all their corporate powers shall thenceforth cease and determine, unless further time is granted by a by-law of the county or counties, district or districts in or adjoining which the work is situate, or by the Commissioner of Public Works; and if any company formed under this Act, for the space of one year abandons any works completed by them, so that the same are not in sufficient repair and cannot be used for the purpose pro posed in the instrument of incorporation of the company, then the corporate powers of the company shall cease and determine. R. S. O. 1877, c. 153, s. 72; 44 V. c. 19, s. 22. 55. After any works constructed by a company under this Works to be Act have been completed and tolls established, the company kept in good shall keep the same in good and sufficient repair; and if such works have not been constructed according to the description given thereof in the report required by section 8 of this Act, or have become insufficient or out of repair, any person interested in the navigation may serve upon any servant of the company a notice of such insufficiency, and if within a reasonable time after the service of such notice the necessary repairs have not been completed, the company shall be liable for the damage which any person may sustain from the continuance of such insufficiency; but no company formed under this Act shall be held liable for any damage incurred after the time limited for the existence of the company has expired, or so long as their works are in accordance with the description or specification thereof in the original instrument required to be registered, or in any description or specification subsequently approved of and registered, nor for any damage arising from the accidental destruction or injury of their works, but only for the damage which may arise from the wilful neglect of the company after notice served upon one of its servants, as hereinbefore provided. R. S. O. 1877, c. 153, s. 73; 44 V. c. 19, s. 23. united. 56. Any two companies formed for the construction of When comworks on any streams contiguous to each other, may unite and panies may be form one consolidated company, on such terms as to them seem meet; and the name of the united companies to be then assumed shall thenceforth be the corporate name thereof, and the united companies may then exercise and enjoy all the rights, and shall be subject to all the liabilities of other companies formed under the provisions of this Act, and which the separate companies had and enjoyed or were subject or liable to before the union thereof. R. S. O. 1877, c. 153, s. 74. Lieutenant pany dis 57. Whenever it is found expedient for the public service, When the the Lieutenant-Governor in Council may declare any company Governor in formed under this Act dissolved, and may declare all the works Council may of such company, Provincial Works, upon payment to such declare a comcompany of the then actual value of the works, to be decided solved. by arbitrators, one of whom shall be appointed by the Commissioner of Public Works, and one by the company, and if they do not agree to an award, the Judge of the County Court Arbitration in for the county in or adjoining which the works are situate, shall be the third arbitrator, and in settling the amount to be paid to the company for the works, the amount of the sinking fund accumulated at the time of the valuation towards the payment of the capital stock shall be deducted therefrom. R. S. Ŏ. 1877, c. 153, s. 75; 44 V. c. 19, s. 24. such case. may limit Letters Patent 58. Where a company heretofore incorporated under term of exist chapter 153 of the Revised Statutes of 1877, or under chapence of certain ter 68 of the Consolidated Statutes of Canada, applies for the companies. Rev. Stat. c. 157. Existence of Company may supplementary letters patent. issue of letters patent under section 72 or section 73 of The Ontario Joint Stock Companies' Letters Patent Act, the Lieutenant-Governor may, by the letters patent, confer upon the said company any of the powers authorized by this Act, and may by such letters patent limit the term of existence of the said company, and every such company obtaining letters patent as aforesaid, shall be subject to the provisions of this Act. 44 V. c. 19, s. 25. 59. The Lieutenant-Governor may, by supplementary letters be extended by patent extend the term of existence of any company incorporated for a limited period under this Act, for such a number of years, as by Order in Council made previous to the expiry of such period he may direct, and the provisions of this Act having regard to the expiration of the term of existence of a company shall thereupon apply to such term as so extended. 44 V. c. 19, s. 26. Special provisions as to companies 5, 1881. 60. Sections 39, 55 and 57 of this Act, shall not apply to any company incorporated before the 5th day of March, 1881, incorporated unless and until such company has become or becomes re-incorbefore March porated under section 72 of The Ontario Joint Stock Companies' Letters Patent Act; but in lieu of the said sections the provisions of sections 57, 73 and 75 of chapter 153 of the Revised Statutes of 1877, shall apply to any company incorporated as aforesaid and not re-incorporated, and sections 3, 8 to 10, 12 to 26, and 29 to 40 of the said chapter 153 shall also continue to apply to every such company. 44 V. c. 19, ss. 27, 28. Rev. Stat. c. 157. CHAPTER 161. An Act respecting Joint Stock Companies for the construction of Piers, Wharves, Dry Docks and Harbours. INCORPORATION, ss. 1-3. CONSENT OF MUNICIPALITY TO BE OBTAINED BEFORE WORK IS PRO CEEDED WITH, s. 4. SHARES AND THEIR TRANSFER, s. 16. ANNUAL REPORT PALITY, s. 19. TO THE MUNICI BOOKS TO BE KEPT, s. 20. INCREASE OF STOCK, 3. 21. COMPANY MAY BORROW MONEY ON TOLLS, ss. 23-25. AFTER 21 YEARS, MUNICIPALITY MAY ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: formed. 1. Any number of persons, not less than five, may form How compathemselves into a company for the purpose of constructing a nies may be pier or wharf, or for dredging or deepening or making a harbour, or for the erection of a dry dock and marine railway connected therewith. R. S. O. 1877, c. 154, s. 1. strument of 2. When a company has been formed under this Act, and a Company to sufficient amount of stock has been taken, adequate in their register injudgment to complete the work, the shareholders shall execute association an instrument according to the form following: with registrar in the year of our Lord 18 day of , we, County Be it remembered, that on this the undersigned shareholders, met at of , in the Province of Ontario, and resolved to form ourselves into a Company, to be called (insert the name intended to be taken by the Company), according to the provisions of Chapter 161, of the Revised Statutes of Ontario, entitled An Act respecting Joint Stock Companies for the construction of Piers, Wharves, Dry Docks and Harbours, for the purpose of constructing a Pier (or Piers), Wharf (or Wharves), and making (or dredging) a Harbour (or constructing a Dry Dock) at (name of the place). And we do hereby declare that the Capital Stock of the said Company shall be $ to be divided into shares, at the price or sum of $20 each. And we, the undersigned of county. Shareholders, do hereby agree to take and accept the number of shares set by us opposite our respective signatures; and we do hereby agree to pay the calls thereon, according to the provisions of the said in part recited Act, and of the Rules, Regulations, Resolutions and By-laws of the said Company to be made or passed in that behalf; and we do hereby nominate (the names to be here inserted) to be the first Directors of the said Company. Name. Number of Shares. Amount. Company to tion on certain And the shareholders shall register the instrument with the registrar of the registry division in which the work is situated. R. S. O. 1877, c. 154, s. 2. 3. When the requirements contained in the preceding secbe a corporation have been complied with, the company shall thenceforth requirements be an incorporated company, by the name designated in the being complied instrument registered; and by such name, may acquire lands, tenements and hereditaments useful and necessary for the purpose of the company, and may sell and convey the R. S. O. 1877 c. 154, s. 3. with. Consent of to be obtained. same. 4. Before the company proceeds with its work, it shall municipality obtain the consent of the municipality within which the work is proposed to be made, and the municipality may fix the limit and boundary of a proposed harbour. R. S. O. 1877,. c. 154, s. 4. Company not to take pri 5. No company so formed shall take private property without the consent of the owner, or take or interfere with property belonging to the Province without the approval of the Lieutenant-Governor in Council, or obstruct any harbour in use, or interfere with a company chartered or a board of Commissioners incorporated for the construction of a harbour fore 5th Dec., on the 5th day of December, A. D. 1859. R. S. O. 1877, c. 154, vate or Crown property, without consent; nor interfere with companies chartered be 1859. Affairs to be managed by five directors. When, by whom and how directors elected. s. 5. 6. The affairs, stock, property and concerns of every company shall for the first year be managed by five directors, to be named in the instrument registered, and thereafter to be annually elected by the shareholders, on the second Monday of December in each year, according to the provisions of a bylaw to be passed by the directors for that purpose. R. S. O. 1877, c. 154, s. 6. |