An Act to incorporate certain persons under the name of The Port Credit and Hurontario Plank Road Company. W [ 28th July, 1847. ] ted. HEREAS certain inhabitants of the Townships of Toronto, Chinguacousey Preamble. and Caledon have petitioned for the passing of an Act, incorporating a Joint Stock Company for the purpose of constructing a Plank, or in part Plank, and in part macadamized or gravelled Road, between the points or places hereinafter mentioned; 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 Asseinbly 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, 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 Certain perGeorge Wright, William Crew, James Browne, William Lawson, Robert Cotton and sons incorporaJacob Cooke, 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 in fact, by and under the name and style of The Port Credit and Hurontario Plank 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 being answered unto, in all Courts and places 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 Port Credit and Hurontario Plank 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. held by the said Company, shall be only such as shall be required to be held by them for the purpose of making the said Plank, or in part macadamized or gravelled Road, and for objects immediately connected therewith. II. Corporate name and powers. Company may make their road within certain limits, and in certain ways. Company may agree with owners of for the road, as to compensation, &c. 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, or in their discretion in part plank, and in part macadamized or gravelled Road at their own costs and charges, on and over that part of the country in the Townships of Toronto, Chinguacousey and Caledon, in the Home District, that is to say: from a point near Port Credit on the Lake shore road, where the same is intersected by Hurontario street, in the said Township of Toronto, northerly to the public road known as Dundas Street, and from thence along upon and over the Hurontario Street to Brampton in the Township of Chinguacousey, and along the said street, to and through Caledon, in the discretion 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 or occupiers of any lands upon lands necessary which they may determine to construct the said Plank or macadamized Road, 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 Arbitration in lands; and in case of any disagreement between 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 person or 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. case of disa greement. Provision in case party disagreeing shall Arbitrator. 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 not appoint an Arbitrator or Arbitrators as aforesaid on his part, or if such owner or occupier shall be a minor, then, and in any 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 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. Arbitrators to fix a day for hearing of parties. Provision in case disagrec fuse to accept ing party re value ascer V. And be it enacted, That the Arbitrator so appointed shall fix a convenient day for hearing the respective parties, and shall give eight days' notice at least of the day and place, which notice shall be in writing, and served on each party respectively, 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 arbitrament thereon in writing, which award or arbitrament shall be final as to the value so in dispute as aforesaid. 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 second term in Her Majesty's Court of Queen's Bench, in that part of the Province formerly Upper Canada, next after making the award and tender of the value hereby ascertained, then bitrators. then and in such case the Directors for the time being shall be at liberty and tained by Arshall have full power to occupy the piece of land so valued by the Arbitrators, in the same manner as other portions of the said road, In actions account of ocbrought on cupation of lanes by Commay be pleaded pany, award in bar. Company to explore certain country for the purpose of the said road. part of the constructing 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 two terms in the said Court of Queen's Bench, notwithstanding any defect in form and substance in the said award Provided always, that it shall and may be lawful to or for the party or parties interested in the land mentioned in the said award, or their Agent by Counsel, at any time within the two terms aforesaid, 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 be so set Proviso. 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. IX. And be it enacted, That the said Company shall have full power and authority to explore the country lying between Port Credit, on Lake Ontario, and the rear part of the Towships of Chinguacousey and Caledon, and to establish the said intended line of road; 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 Plank or in part Plank and in part macadamized or gravelled 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 or belonging to the Queen's Majesty, Her Heirs or Successors, or to any other person or persons, bodies politic or corporate, and to survey and take levels of the same or any part thereof, and to set out and ascertain such parts thereof as they shall deem necessary and proper for making, effecting, preserving, completing and using the said intended Road; and also to make, build, erect and set up, in and upon the said route of the Road aforesaid, or upon the land adjoining or near the same, all such works, ways, roads and conveniences as the said Company shall think convenient and necessary for the purposes of the said Road; and also from time to time, to alter, repair, amend, widen or enlarge the same or any other of the conveniences above mentioned, as well for carrying or conveying goods, commodities, timber and other things to and from the said Road, as for the carrying and conveying all manner of materials necessary for making, erecting, furnishing, altering, repairing, amending, widening or enlarging the works of or belonging to the said Road; and also to place, lay, work and manufacture the said materials on the ground near to the place or places where the said works or any of them are or shall be intended to be made, erected, repaired or done, and to build and construct the several works and erections belonging thereto, and also to make, maintain, repair or alter any fences. or passages through the said Road, or which shall communicate therewith, and to construct, erect and keep in repair any piers, arches, or other works in and upon any creeks or brooks for making, using and maintaining the said Road; and also to construct, make and do all other matters and things which they shall think necessary and convenient for the making, effecting, preserving and improving, completing and using the said Road, in pursuance and within the true intent and meaning of this Act; they, Certain other powers grantlike purposes. ed them for President and the said Company, doing as little damage as may be in the execution of the several powers to them hereby granted, and making satisfaction in manner herein mentioned, for all damages to be sustained by the owners or occupiers of such lands, tenements or hereditaments. X. And be it enacted, That it shall and may be lawful for the President and fix Tolls and 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, erected, built, made and used. charges. Road and ma terials and Tolls vested in Company. Company may erect TollGates. Penalty on persons destroying Toll XI. And be it enacted, That the said Road and all materials which shall be from time to time got or provided for constructing, building, maintaining or repairing the same, and the said Tolls as herein before 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 Toll-gates in or across the said Road, and fix such Tolls as they may deem fit and expedient (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, which to them may seem necessary and convenient for the due performance of their business. XIII. And be it enacted, That if any person or persons shall cut, break down or destroy in any way any of the Gates or Toll-houses to be erected by virtue of this gates, forcibly Act, every such person so offending and being lawfully convicted, shall be deemed passing, &c. guilty of a misdemeanor, and be punished by fine and imprisonment; 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 Toll-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 recovered before any Justice of the Peace for the District in which such act shall have been committed. Fines, &c. how to be levied. President, &c. may commute Tolls. XIV. And be it enacted, That the fines and forfeitures authorized to be imposed by this Act, shall and may be levied and collected by distress and sale of the offender's goods and chattels, under the authority of any Warrant or Warrants for that purpose to be issued by any one of Her Majesty's Justices of the Peace for the said Districts, who are hereby authorized and empowered to grant the same, and in case there shall be no such goods and chattels to satisfy such Warrant or Warrants, such offender or offenders may be committed to the Common Jail of the District in which such offence shall have been committed, for any period not exceeding twenty days. XV. And be it enacted, That the said President and Directors, if they think proper, may commute the Tolls with any person or persons by taking of him, her or them a certain sum, either monthly or annually, in lieu of such Tolls, and that the said President and Directors shall affix in a conspicuous place at all such Toll-gates a Table of the Rate of Tolls to be exacted and taken, to be plainly and legibly printed. |