at their cost,

City Surveyor every necessary precaution for the prevention of accidents to passengers and others, or to close and replace the said streets, squares, or public places, without unnecessary delay, as herein before provided, the City Surveyor, under the direction of the said Council of the City, after notice in writing to the said Company shall cause the duty so neglected to be forthwith performed, and the expense thereof shall be defrayed by the said Company, on its being demanded by the City Surveyor, at any time not less than one month after the work shall have been completed in any case, from the Cashier or Treasurer, or any Director of the said Company, or in default of such payment, the amount of such claim shall and may be recovered from the said Company, at the suit of The Mayor, Aldermen, and Citizens of the City of Montreal, by civil action in any Court of competent jurisdiction.

How such

cost shall be recoverable.

Penalty for without the

Company.

XVIII. And be it enacted, That if any person or persons shall lay or cause to be laid, any pipe or main to communicate with any pipe or main belonging to the said consent of the Company, or in any way obtain or use its Gas without the consent of the Directors, or their officer appointed to grant such consent, he, she or they shall forfeit and pay to the said Company the sum of Twenty-five pounds, and also a further sum of One Pound for each day such pipe shall so remain, which said sum, together with the costs of suit in that behalf incurred, may be recovered by civil action in any Court of competent Civil Jurisdiction.

Penalty for injuring or

works, &c.

XIX. And be it enacted, That if any person or persons shall wilfully or malidestroying the ciously break up, pull down, or damage, injure, put out of order or destroy any main pipe, pipe, or other works or apparatus, appurtenances or dependencies thereof, or any matter or thing already made and provided, or which shall be made and provided for the purposes aforesaid, or any of the materials used and provided for the same, or ordered to be erected, laid down, or belonging to the said Company, or shall in any wise wilfully do any other injury or damage, for the purpose of obstructing, hindering or embarrassing the construction, completion, maintaining or repairing of the said works, or shall cause or procure the same to be done, or shall increase the supply of Gas, agreed for with the said Company, by increasing the number or size of the holes in the Gas burners, or otherwise wrongfully, negligently or wastefully burning the same, or by wrongfully or improperly wasting the Gas, every such person or persons shall be guilty of a misdemeanor, and on conviction thereof, the Court before whom such person shall be tried and convicted shall have power and authority to condemn such person to pay a penalty not exceeding ten pounds currency, or be confined in the Common Jail of the District for a space of time not exceeding three months, as to such Court may seem meet.

Or increasing supply of Gas,

&c. without permission.

Montreal may assume the whole Stock

Corporation of XX. And be it enacted, That should The Mayor, Aldermen and Citizens of the the City of City of Montreal, decide, as they are hereby empowered to do, upon taking the whole of the Stock of the said Company, the Shareholders therein be, and they are hereby and property of declared to be bound to surrender and transfer the whole of their respective shares the Company. unto the said Corporation of the City of Montreal upon the terms and conditions hereinafter set forth, that is to say that the said Corporation shall pay such an advance upon the shares as will cover the interest on the instalments paid previously to the works of the Company having gone into operation, as well as any other loss of interest which the said Shareholders may have sustained by reason of the dividends not having been equal to the legal interest of this Province; and that they consent and

Conditions.

tions.

and agree that the charge to be made to consumers of Gas shall not exceed such price as will be sufficient to produce a net profit on the works of eight per centum per annum: And if the said Corporation shall so purchase the whole of the Stock of the said Company, they may in that case pay for the same out of the funds at their disposal not specially appropriated, or may raise money by loan, or by debentures in like manner as they are empowered to raise money which they are duly empowered to borrow for any other purpose: Provided always, that the said Corporation to be Proviso: furentitled to exercise the power hereby given them of taking the whole of the said Stock ther condias aforesaid, shall take the same within ten years after the passing of this Act; and in the event of their taking the same, the said Corporation shall be and is hereby bound to fulfil all engagements which the said Company may have previously entered into in respect of the carrying on the business of the said Company, as well as its engagements with mechanics, workmen, servants and others, and the said Company shall in all those respects be entirely relieved, exonerated, and held harmless from all clains, damages and demands of all person or persons as aforesaid, by the Corporation of the said City of Montreal; and generally the said Corporation shall have all the rights and be subject to all the liabilities of the said Company imposed by this Act or lawfully contracted under it.

XXI. And be it enacted, That nothing in this Act contained, shall extend or be construed to extend to prevent any person or persons, body politic or corporate, from constructing any works for the supply of Gas to his or to their own premises, or to prevent the Legislature of this Province at any time hereafter from altering, modifying, or repealing the powers, privileges or authorities herein before granted to the said Company, or from incorporating any other Company for like purposes.

XXII. And be it enacted, That nothing herein contained shall affect, or be construed to affect in any way or manner whatsoever, the rights of Her Majesty, Her Heirs and Successors, or of any person or persons, or of any body or bodies corporate or collegiate, such only excepted as are herein mentioned.

XXIII. And be it enacted, That the Gas Works herein before mentioned, shall be in operation within five years from the passing of this Act, and in default thereof, the privileges and advantages granted by this Act to the said Company shall cease and be of no effect.

This Act not to affect the incorporation of any other company, &c.

Rights not mentioned not

to be affected.

Works to be in operation in five years.

XXIV. And be it enacted, That this Act be and is hereby declared to be a Public Public Act. Act, and that the same may be construed as such in Her Majesty's Courts in this Province.

XXV. And be it enacted, That this Act shall be and remain in force for fifty years, Duration. and no longer.

MONTREAL :-Printed by STEWART DERBISHIRE & GEORGE Desbarats,

Law Printer to the Queen's Most Excellent Majesty.

An Act to amend the Act of Incorporation of The Montreal Gas Light
Company.

WHE

[ 28th July, 1847. ]

Preamble.

HEREAS it is expedient to amend an Act of the Legislature of Lower Canada, passed in the sixth year of the reign of his late Majesty King William the Fourth, intituled, An Act to provide for the Lighting of the City of Montreal by Gas: 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 the Capital Stock of the said Company may be increased to the sum of fifty thousand pounds currency, and the present proprietors or The Capital their successors are hereby authorized to raise and contribute amongst themselves or in such manner as may seem expedient for the purpose of increasing and extending increased to their Gas works the sum of twenty-five thousand pounds, in one thousand two hundred and fifty shares of twenty pounds each; and the money so raised is hereby appropriated in the first place to pay and satisfy all fees, expenses and disbursements incurred Application of and made in and about the obtaining and passing of this Act, and other expenses Capital. thereunto relating, and the remainder of the said money to the purpose of extending, maintaining and completing their Gas Works, and to no other use, object or purpose whatever.

of the Company may be £50,000.

increased

pany.

II. And be it enacted, That if any person or persons shall lay or cause to be laid, any pipe or main to communicate with any pipe or main belonging to the said Com- Penalty on persons laying pany, or in any way obtain or use its Gas without the consent of the Board of down pipes without conDirectors or their Officer appointed to grant such consent, he or they shall forfeit or sent of Compay to the said Company the sum of twenty-five pounds, and also a further sum of one pound for each and every day such pipe shall so remain, which said sum, together with costs of suit in that behalf incurred, may be recovered by civil action in any Court of law in this Province having jurisdiction to the amount.

III.

Penalty on persons in

creasing sup

ply of Gas or wasting it.

Pipes must be

laid down at

least three feet apart from those of any other Gas Company.

Such pipes to be marked. Penalty for neglect.

may be recovered.

Other Companies bound

to observe the

same rules, and to mark

° ́

&

III. And be it enacted, That if any person or persons shall increase the supply or Gas agreed for with the said Company, by increasing the number or size of the holes in the gas burners, or using the Gas without burners, or otherwise wrongfully, negligently or wastefully burning the same, or shall wrongfully or improperly waste the Gas, every such person or persons shall be guilty of a misdemeanor, and on conviction thereof, the Court before whom such person shall be tried and convicted, shall have power and authority to condemn such person to pay a penalty not exceeding five pounds currency, or to be confined in the common Jail of the District for a space of time not exceeding three months, as to such Court may seem meet.

IV. And be it enacted, That the main pipes that may at any future time be laid by the said Company shall be at least three feet apart from the main pipes of any other Gas Company which may exist at the time of the passing of this Act or may at any time hereafter be established, also the same distance of three feet apart from the water pipes belonging to the Corporation of the City of Montreal, or when that shall be impracticable, then as nearly so as the circumstances of the case will admit: and the said Montreal Gas Light Company shall have all their service pipes and stop cocks, which they shall in future lay or construct (particularly the ends of the pipes which are exposed in the cellars of the houses or buildings to be supplied by them with Gas) legibly and permanently stamped or marked Montreal Gas Light Company, to distinguish them from the service pipes and stop cocks of any other Gas Company, under a penalty of five pounds currency, for each and every case of neglect, and of one pound said currency for each day the said service pipes or stop cocks shall remain without being so stamped or marked as aforesaid, after notice in writing shall have How penalties been given by any other Gas Company of the default thereof; the said penalties to be paid to the Gas Company so complaining, and to be recovered by action in any Court of Law in this Province having jurisdiction to the amount; and in like manner it shall not be lawful, at any future period, for any other Gas Company to lay any of their pipes at a less distance than three feet apart from the Montreal Gas Light Company's pipes, nor at a less distance than three feet from the water pipes belonging to the Corder like penal- poration of the City of Montreal; And any new Gas Company which shall at any future period lay or construct any main pipes, service pipes or stop cocks, shall have the same legibly and permanently stamped or marked with the style, name and title of the said Gas Company, particularly the end of the pipes and the stop cocks which are exposed in the cellar of any house or building, under a penalty of five pounds currency for each case of neglect, and of one pound said currency for each and every day the said main pipes, service pipes and stop cocks, shall remain without being so stamped and marked as aforesaid, after notice in writing shall have been given to them by the Montreal Gas Light Company of the default thereof. The said penalties to be paid to the said Montreal Gas Light Company, and to be recovered by Action in any Court of Law in this Province having jurisdiction to the amount; Provided always, that if any difference shall arise between the Montreal Gas Light Company and the New City Gas Company, or any other Company established or to be established in the City of Montany other shall real, as to the practicability of either Company's so laying its pipes that they shall be at a distance of at least three feet from those of the other Company, then such difference shall be decided by the Surveyor of the said City who, if he shall be of opinion that it is not practicable to lay the pipes at such distances as aforesaid, shall direct the mode in which the pipes of the respective Companies shall be laid at such

their pipes un

ties.

Proviso: in what manner

difference between the

Company and

be settled.

place