ANNO DECIMO ET UNDECIMO VICTORIÆ REGINÆ. САР. ХСІІ. An Act to incorporate The Scarborough and Markham Plank-Road Com. pany. WH [ 28th July, 1847. ] HEREAS the inhabitants of the Townships of Scarborough, Markham and Preamble: Whitechurch, and of the Townships to the easterly and north-westerly have long been subject to great inconvenience in bringing the produce of their farms to the City of Toronto, their almost exclusive market, in consequence of the extreme badness of the roads over which they have to travel; And whereas it would tend much to improve that section of the country and confer benefits on the inhabitants generally, if the road now travelled and known as the Scarborough and Markham Road were planked or macadamized, terminating at a certain point in the Kingston Road east of Gates' Tavern in the Township of Scarborough where a portion of the intended line of road has been already planked, extending in a northerly direction to Markham Village, and thence to Stouffville, on the Township line between the Townships of Markham and Whitechurch; and to extend the road in a northerly or easterly direction, or by such intermediate route as circumstances may render expedient; And whereas Joseph Tomlinson and others have petitioned the Legislature to be by law incorporated for the purposes of effecting the said improvements by means of joint Capital Stock: 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 Joseph Tomlinson, Archibald Barker, George Miller, John Robinson, William Armstrong, James Crosby, Jonathan Gates, Samuel Reesor, William Robb, Robert Armstrong, Alexander Hunter, John Reesor, Abraham Stouffer, John Torrance, Edward Wheeler, John Harrington, John Boyer, Christian Stouffer, Joseph Marr, or any five of them, together with all such other persons as shall become Stockholders in such joint Capital or Stock as hereinafter mentioned, shall be and are hereby ordained, constituted and declared to be a body corporate and politic in fact, by the name of The Corporato Scarborough and Markham Road Company, and by such 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, in all manner of actions, suits, complaints, matters and causes whatsoever, and that they Certain per sons incorpo name and powers. and When three miles of road are completed, Company may erect a Tollgate thereon. Company may purchase real estate to com 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 said name of The Scarborough and Markham Road Company, shall be in law capable of purchasing, having and holding to them and their successors, any estate, real, personal or mixed, and which may be necessary for the use of the said Company, and selling, conveying or otherwise parting therewith, for the benefit and on account of the said Company, from time to time as they shall deem necessary or expedient, and shall have full power and authority to macadamize or plank the road or roads mentioned and described in the Preamble to this Act, to erect Toll-gates, and to take Tolls thereon in the manner hereinafter mentioned, when the same shall be completed, between the Kingsston Road and the Village of Markham. II. Provided always, and it is hereby enacted and declared, That so soon as three miles of the said road shall have been completed, it shall and may be lawful for the Directors of the said Company to put up and erect a Toll-gate thereon, and collect such tolls as the Directors may think expedient to be levied, and taken of and from persons travelling along the said road. III. And be it enacted, That the said Company shall have full power and authority for the purpose of forming and completing the said Road, to purchase and hold in their plete the Road. corporate capacity such real estate as may be necessary for all the purposes of the said road, and of this Act. Amount of Capital Stock ny limited. IV. And be it enacted, That the whole Capital Stock which the said Company may of the Compa- have or hold by virtue of this Act, shall be five thousand pounds, with power to increase the same to double that amount if found necessary for constructing the said Road, and that the said Capital Stock shall be composed of shares of the value of six Shares trans- pounds five shillings currency each, and that the said shares of the said Capital Stock shall be transferable, and may be from time to time transferred by the respective persons so subscribing or holding the same to other person or persons: Provided always, that such transfer be entered or registered in a book or books to be kept for that pur pose by the said Company. ferable. Proviso. Books of subscription to be opened at V. And be it enacted, That within sixty days after the passing of this Act, books of subscription shall be opened at Markham Village, in the Township of Markham, and Markham and the City of Toronto, by such person or persons and under such regulations, within the meaning of this Act, as the said petitioners or the majority of them shall by writing direct. Toronto. Books of subscription to remain open thirty days, &c. Proportion to be paid by open for VI. And be it enacted, That the said books of subscription shall remain subscriptiou for thirty days, during which time no person subscribing shall so subscribe for more than twenty shares, but if after the expiration of the said thirty days any stock should remain not taken up, then it shall be lawful for the said subscribers or any of them, or any other person or persons to subscribe for any greater or less number of shares, so long as any of the said stock may remain unsubscribed for. VII. And be it enacted, That all and every of the subscribers for the said stock or subscribers at any part thereof, shall at the time of subscribing pay a proportion of ten per cent. upon time of subscri- the Capital Stock of the whole number of shares, for which they, or any of them bing. respectively, respectively, may subscribe, and that such proportion so paid and deposited at the time of subscription shall be at the disposal of the Directors hereinafter mentioned, to and for the purposes of this Act in manner as hereafter is directed, and that the residue of the sum Residue how payable. or shares of subscribers and stockholders shall be payable by instalments, at such times and in such proportion as a majority of the Shareholders at a meeting to be expressly convened for that purpose, shall agree upon. Penalty on Stockholders pay instal refusing to ments called men VIII. And be it enacted, That if any Stockholder as aforesaid, shall refuse or neglect to pay at the time required, any such instalment or instalments as shall be lawfully required by the Directors, as due upon any share or shares, then such Stockholder so refusing or neglecting shall forfeit such share or shares as aforesaid, with the amount previously paid thereon, and the said share or shares may be sold by the said Directors, and the sum so arising therefrom, together with the amount previously paid thereon, shall be accounted for, and divided in like manner as other monies of the said Company Provided also, that nothing in this Act shall prevent any Stockholder from Proviso. paying up the amount he subscribes for at any time to the Directors, and the same shall be allowed to him by the said Company. Public meeting election of Directors. to be called for IX. And be it enacted, That as soon as ten per cent. of the said Capital Stock shall be paid into the hands of such receiver or receivers as the Stockholders shall appoint, it shall and may be lawful for the subscribers, or the majority of them, upon thirty days' notice published in one or more of the City of Toronto newspapers, to call a public meeting at the Village of Markham aforesaid, for the purpose of proceeding to the election of Directors as hereinafter mentioned, and the persons then and there Term of office. chosen being Stockholders shall be capable of serving until the second Monday in January, one thousand eight hundred and forty-nine, and the said Directors so chosen shall commence the business of the said Company, and proceed therein until the first subsequent election of annual Directors as hereinafter mentioned. X. And be it enacted, That the stock, property, affairs and concerns of the said Corporation shall be managed and conducted by seven Directors, one of them to be the President, who shall hold his office for one year, which Directors shall be Stockholders, and shall be inhabitants of the Home District, and shall be elected on the second Monday in January in each and every year, at such time of the day and at such place in the said Village of Markham as the majority of the Directors for the time being, after thirty days' public notice, shall appoint; Provided nevertheless, that the first Board of Directors to be chosen by the subscribers as aforesaid, shall continue in office until the first Monday in January, one thousand eight hundred and forty-nine, as in the last section provided, and no longer, unless re-elected. XI. And be it enacted, That the election of Directors shall be held and made by such Stockholders of the said Company as shall attend at the Village of Markham aforesaid for that purpose, in their own proper persons or by proxy, and shall be determined by ballot, such ballot to be regulated and calculated by the number of votes allowed to such Stockholders according to the number of shares held by them respectively, as follows, that is to say: one vote for one share; two votes for two shares; three votes for eight shares; four votes for twelve shares; five votes for sixteen shares; Provided always, that the Stockholders so voting shall be possessed of the share or shares in respect of which they shall respectively vote at least three months Affairs of the be managed by seven Direc tors. Day of annual election. Proviso. Election to be holders present at meeting and made by Stock by ballot. Proportion of votes to shares regulated. Proviso. Proviso. Directors to be Case of partners provided before the time of election, and no person, co-partnership or body politic, shall be entitled to more than five votes at any such election, or at the determination of any other matter or thing concerning the said Company, or its affairs, which may by the provisions of this Act, be submitted to the judgment and decision of the Stockholders generally: Provided also, that the choice of the scrutineers hereinafter mentioned, and of the President be had as hereinafter expressly directed. XII. And be it enacted, That the Directors to be chosen shall be Stockholders in Stockholders. the said Company, and shall hold to their own use eight shares at least, and that all and every co-partnership and co-partners, body and bodies politic or corporate, holding any share or shares of the stock of the Company, shall each of them vote only as an individual Stockholder, nor shall two or more persons belonging to any such co-partner-ship or co-partnerships, body or bodies politic or corporate, be capable of being nominated, chosen, or of sitting as Directors, although such persons may hold stock in their private right, or to their private use in the said Company. for. Persons having the greatest num be deemed elected. XIII. And be it enacted, That of the persons as aforesaid nominated and balloted for in the manner as aforesaid, those shall be deemed elected who shall have the greatest ber of votes to number of votes according to the shares held by the voters respectively, as herein before prescribed, at each and every such election of Directors; and at each and every such election on the second Monday of January, in each and every year as aforesaid, after the ballot shall have been kept open from eleven of the clock in the forenoon till two of the clock in the afternoon, the persons having the majority of the votes in manner aforesaid, shall so soon thereafter as convenient on the same day, be declared the Directors chosen for the ensuing year, by any two or more Scrutineers who shall have been previously nominated by the Stockholders, for the purpose of nomination and report of such ballot; Provided nevertheless, that the Stockholders present at the place of ballot shall in the nomination of Scrutineers vote per capita, and not by Proviso. President to be elected. Votes how given. Provisions for filling vacancies. All questions before Directors to be de shares. XIV. And be it enacted, That the said Directors in the same day and place, wherein they shall have been so chosen and declared Directors, shall, after all other persons have retired, choose by plurality of voices one of their number to be President, in which choice the Directors shall vote per capita, and not by shares. XV. And be it enacted, That in case of a vacancy among the Directors, by death or absence for more than two months from the sittings of the said Board, such vacancy shall as often as necessary be supplied until the second Monday in January following, by the remaining Directors, at a Special Meeting of the Board, called by the President. XVI. And be it enacted, That all questions submitted to or coming before the Board of Directors, concerning the affairs of the said Company, as well as the appointment of cided by a ma- Director or Directors to fill up vacancies in their own number, shall be decided by the majority of voices; Provided however, always, that the President of the said Company shall have no other than a casting vote. jority of votes. Proviso. Directors to make rules and regulations, and have certain other powers. XVII. And be it enacted, That the Directors for the time being, or the majority of them, shall have power to make and subscribe such Rules and Regulations, and the same to alter and amend as to them shall appear needful, just and proper, touching the the management and disposition of the stock, property, estate and effects of the said Corporation, and touching the duties and conduct of the clerks and servants employed by the said Company, and shall have power to make and subscribe in the name of the said Company all contracts for labour, work, materials, and all matters concerning the construction of the said road, and after the same be completed, concerning the tolls of the said road, other matters and things concerning as well the construction of the said road, its charges, tolls, profits, losses, dividends and revenue whatsoever, such Rules and Regulations not being contrary to this Act nor to the Laws of this Province. Directors to es◄ Exemptions from Toll. XVIII. And be it enacted, That it shall and may be lawful for the President and President and Directors of the said Company from time to time to order and establish the rates of tablish rates of toll payable by persons travelling upon the said road; it shall not be lawful for the said Toll. Directors to establish or collect or allow to be collected, any rate of toll for any horse, Expo beast, or any other cattle or carriage employed in carrying or conveying, having been employed only in carrying on the same day, any dung, soil, or compost or manure for the improving lands, any ploughs or harrows in actual use, unless laden also with some other thing not hereby exempted from toll, or for any horse or other beast employed in going to or returning from plough or harrow, or to or from pasture or watering place, or going or returning from being shod or farried, such horse or horses or other beast not going or returning on those occasions more than one mile on the Macadamized or Plank Road. XIX. And be it enacted, That all persons with horses, wagons or other carriages Other exemp going to, attending or returning from any funeral of any person on any day in the week, tions. or going to or returning from Divine Service on the Lord's day, shall pass the gate free of toll. XX. 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 errected by virtue of this Act, every such person so offending and being lawfully convicted, shall be deemed guilty of a misdemeanour 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 gates without having first paid the legal toll at such gate, such person or persons shall pay all damages by them committed, and shall forfeit and pay a fine not exceeding five pounds nor less than ten shillings currency, to be recovered before any Justice of the Peace for the Home District. Penalty on persons des- or forcibly pas fines, &c., un XXI. And be it enacted, That the fines and forfeitures authorized to be imposed Recovery and by this Act, shall and may be levied and collected by distress and sale of the offender's Application of goods and chattels under the authority of any warrant or warrants for that purpose to der this Act. be issued by any one of Her Majesty's Justices of the Peace for the Home District, 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 by such Justice or any other Justice of the said District to the Common Jail of the Home District for any period not exceeding twenty days. XXII. And be it enacted, That if any person or persons shall after proceeding on Penalty on the said road with any carriage or animal, liable to pay toll, turn out of the said road, persons evad ing Tolls. |