An Act to incorporate certain persons as The Guelph and Dundas Road W [ 28th July, 1847. ] sons incorpo HEREAS certain inhabitants of the District of Wellington and Gore have Preamble. petitioned for the passing of an Act incorporating a Joint Stock Company for the purpose of constructing a Plank, macadamized or gravelled Road, from the Town of Guelph in the said District of Wellington, to the macadamized Road from Dundas to Waterloo; and whereas it is expedient to incorporate a Joint Stock Company for the purpose aforesaid, with the powers and under the provisions hereinafter mentioned: 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 James B. Morden, Walter Colcleugh, John Weir, William Miller (of West Certain perFlamborough), William McKindlay (of the same place), George Sylvester Tiffany, rated." William Notman, James Bell Ewart, Richard Juson, William Leslie, James Wright, Benjamin Thurtell, James Hodgert, George John Grange, William Clarke, Thomas Sandilands, Alexander Dingwall Fordyce, and Adam Johnston Fergusson, with all such other persons as shall become Stockholders in such Joint Stock or Capital as is hereinafter mentioned, shall be and are hereby ordained, constituted and declared to be a body corporate and politic by and under the name and style of The Guelph and Corporate Dundas Road Company, and by that name they and their successors shall and may have continued succession, and by such name shall be capable of contracting and being contracted with, of suing and being sued, pleading and being impleaded, answering and be answered unto, in all Courts and places whatsoever, in all manner of actions, suits, complaints, matters and concerns whatsoever; and they and their successors may and shall have a common seal, and may change and alter the same at their will and pleasure, and also that they and their successors by the same name of The Gulph and Dundas Road Company shall be by law capable of purchasing, having and holding to them and their successors any estate, real or personal or mixed, to and for the use of the said Company, and of letting, conveying and otherwise departing therewith for the benefit and on account of the said Company from time to time as they shall deem necessary and convenient: Provided always nevertheless, that the real estate to be Proviso as to held by the said Company shall be only such as shall be required to be held by them Real Estate. for name and powers. Company empowered to make a Road within certain limits. May use the Company may agree with owners of land, for the purchase, for the purpose of making, using and preserving the road hereby authorized to be constructed, and for objects immediately connected therewith. II. And be it enacted, That the said Company and their agents or servants shall have full power under this Act to lay out, construct, make and finish a plank, macadamized or gravelled, or a partly planked, partly macadamized and partly gravelled Road, at their own costs and charges, on and over that part of the country in the said Districts of Wellington and Gore, lying between the said Town of Guelph and the said macadamized Road from Dundas to Waterloo, and following as near as conveniently may be the direction of the present travelled road commonly called the Brock Road, and using the same or such parts thereof as to them may appear suited to the purpose of the said Company. III. And be it enacted, That the said Company are hereby empowered to contract, compound, compromise and agree with the owners and occupiers of any lands upon which they may determine to construct the said Road hereby authorized to be condamages, &c. structed, either by purchase of so much of the said land and privileges as they shall require for the purposes of the said Company, or for the damages which he, she or they shall and may be entitled to receive of the said Company, in consequence of the said intended road being made and constructed in and upon his, her or their respective lands, or in case of any disagreement between the said Company and the owner or owners, occupier or occupiers as aforesaid, it shall and may be lawful from time to time for each owner and occupier so disagreeing with the said Company either upon the value of the lands and tenements or private privileges proposed to be purchased, or upon the amount of damages to be paid to them as aforesaid, to nominate and appoint one or more indifferent person or persons, and for the said Company to nominate an equal number of indifferent persons, who, together with one other person to be elected by ballot by the persons so named, shall be arbitrators to award, determine and adjudge and order the respective sums of money which the said Company shall pay to the respective persons entitled to receive the same. Arbitration in case of differ ence. Arbitrator to be named by Judge if the party neglects to appoint one. Third Arbitrator. Proceedings IV. And be it enacted, That if after eight days' notice in writing given to the party so disagreeing as to the value aforesaid, such party shall not nominate or appoint an arbitrator or arbitrators as aforesaid on his part, then and in such case the Judge of the District Court of the District in which the land is situate shall and may nominate and appoint one or more arbitrator or arbitrators to act on their behalf with the same powers and authority as if appointed by the party or parties so refusing or neglecting to appoint an arbitrator or arbitrators in his or their behalf, and to meet and ballot for the additional arbitrator or umpire. V. And be it enacted, That the arbitrators so appointed shall fix a convenient day of Arbitrators. 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 or arbitration thereupon in writing, which award or arbitrament shall be final as to the value so in dispute as aforesaid. Award to be final. Company may take possession on payment or VI. And be it enacted, That if the party so disagreeing refuse to accept the value of land or damage so ascertained by the arbitrators as aforesaid, till the end of the award. next ensuing Term in Her Majesty's Court of Queen's Bench, in that part of the refusal of Province formerly Upper Canada, next after making the award and tender of the value thereby ascertained, then, and in such case, the Directors for the time being shall be at liberty and shall have full power to occupy the piece of land so valued by the said arbitrators, in the same manner as other portions of the said road. Award may be pleaded in bar to an eject ment. Award may be set aside by B. VII. And be it enacted, That in any action of ejectment or other action, real, personal or mixed, for or on account of such occupation by the said Company, their servants or agents, or other person or persons using the said road, the said award shall and may be pleaded in bar of such action, at any time after the said Term of the said Court of Queen's Bench, notwitstanding any defect in form or substance in the said award: Provided always, that it shall and may be lawful to and for the party or parties interested in the land mentioned in the award or their agent by counsel at any time before the last day of the said Term next ensuing after the same hath been made, and the amount of the value awarded tendered, to move the said Court of Queen's Bench to set aside such award for corruption or any other matter or thing for which awards are now subject to be impugned by law; Provided also, that if the first award New award. be so set aside by the Court of Queen's Bench, the matter in difference may again be submitted to other arbitrators, and so on till a satisfactory award be made between the parties. VIII. And be it enacted, That the said Company shall have full power and authority to explore the country lying between the said town of Guelph and the said inacadamized Road from Dundas to Waterloo, and to designate and establish, and it shall be lawful for the said Company to take, appropriate, have and hold to and for the use of them and their successors the requisite lands upon the line and within the boundaries of the said road hereby authorized to be constructed; and for the purpose aforesaid, the said Company and their agents, servants and workmen are hereby authorized and empowered to enter into and upon the lands and grounds of and belonging to the Queen's Majesty, Her Heirs, or Successors or any person or persons body or bodies corporate or politic. Company may enter upon lands for the purpose of sur vey. fix Tolls. IX. And be it enacted, That it shall and may be lawful for the President and Company may Directors of the said Company from time to time to fix, regulate and receive the tolls and charges to be received from all persons passing and re-passing over the said road hereby authorized to be constructed, or any part or parts thereof, as the same shall from time to time be constructed. X. And be it enacted, That whenever the tolls collected on any part or parts of the road hereby authorized to be constructed before the entire completion thereof shall exceed in amount a sum sufficient to defray the expenses of maintaining and repairing the said part or parts of the said road, and to afford an amount of income to the said Company of six per centum on the capital actually expended on the construction thereof, then and in such case the overplus revenue of the said tolls shall be applied to the further construction and completion of the said road hereby authorized as aforesaid, until the whole work shall be completed. Overplus revenue from road, how to be applied, un any part of the road is com pleted. XI. And be it enacted, That the road and materials which shall be from time to time got or provided for constructing, building, maintaining or repairing the same, and the Road, &c. vested in the Company. Company may erect Toll Gates. Proviso. Punishment of persons des or other-works of the Com. pany. the said tolls as hereinbefore mentioned, shall be, and the same are hereby vested in the said Company and their successors for ever. XII. And be it enacted, That the President and Directors of the said Company shall have full power to erect such number of gates in or across the said road, and fix such tolls as they may deem fit and expedient to be incurred at each, (which rates or tolls may be altered from time to time as circumstances may require,) and to erect, and maintain such toll-houses, toll-gates and other erections as to them may seem necessary and convenient for the due performance of their business; provided that no such toll shall be levied until at least three miles of the said road shall have been completed. XIII. And be it enacted, That if any person or persons shall cut, break down or troying Gates destroy in any way, any of the gates or toll-houses to be erected by virtue of this Act, every such person so offending and being lawfully convicted thereof, shall be deemed guilty of a misdemeanor, and that the same shall be triable at the Court of Quarter Sessions, and be punishable by fine and imprisonment or either, in the discretion of Removing ma- the Court; and if any person or persons shall remove any earth, stone or timber on the said road to the damage of the same, or shall forcibly pass or attempt to pass by force any of the gates without having first paid the legal toll at such gate, such person or persons shall pay all damage by them committed, and shall forfeit and pay a fine not exceeding five pounds nor less than five shillings currency, to be recoverable on the oath of any one credible witness, before any one Justice of the Peace for the District in which such act shall have been committed. terials or for cibly passing gates. Penalty on Tolls. XIV. And be it enacted, That if any person or persons shall after proceeding on Pirties evading the said road with any carriage or animals liable to pay toll, turn out of the said road into any other road, and shall enter the said road beyond any of the said gate or gates without paying toll, whereby such payment shall be evaded, such person or persons shall for every such offence forfeit and pay a sum not exceeding ten shillings to be recovered before any one Justice of the Peace for the District in which such gate or gates may be situated. Penalty on ing others to evade Tolls. XV. And be it enacted, That if any person or persons occupying or possessing any persons assist inclosed lands near any toll-house or toll-gates which shall be erected in pursuance of this Act, shall knowingly permit or suffer any person or persons to pass through such lands or any gate, passage or way thereon, with any carriage, horse, mare or gelding or other animal liable to the payment of toll whereby such payment shall be avoided, every person or persons so offending, and also the person riding or driving such animal or animals, or carriage whereon such payment is avoided, being thereof convicted, shall for every such offence, severally to be recovered before any one Justice of the Peace for the District in which such gate or gates may be situated, forfeit and pay a sum not exceeding ten shillings currency. Persons con to XVI. And be it enacted, That if any person summarily convicted under this Act victed may be shall not pay the fine or penalty together with the costs if awarded (which costs the convicting Justice or Justices are hereby authorized to award if he or they shall think fit) either immediately after such conviction, or within such time as the Justice or Justices shall appoint, it shall be lawful for such Justice or Justices to commit the offender to the Common Jail, there to be imprisoned for any term not exceeding two Jail if the penalty be not paid. calendar |