ANNO DECIMO ET UNDECIMO VICTORIÆ REGINÆ. CAP. CXXII. An Act to incorporate The Canada, New Brunswick and Nova Scotia Reserved for the signification of Her Majesty's pleasure, 28th July, 1847. The Royal Assent given by Her Majesty in Council on the 15th April, 1848; and Proclamation made thereof by His Excellency JAMES, EARL OF ELGIN AND KINCARDINE, in the Canada Gazette of the 24th June, 1848. W HI of HEREAS the construction of a Rail-way from Montreal, through the Eastern Preamble. Townships, to Point Levy, opposite to Quebec, and thence, by Rivière-duLoup, to the Province Line of New Brunswick, to meet a Rail-road to be continued through that Province, and also the adjoining Province of Nova Scotia to Halifax, would tend much to advance the prosperity of this Province, and would greatly contribute to promote the trade and facilitate the communication between this Province of Canada and the Provinces of New Brunswick and Nova Scotia; And whereas the several persons hereinafter named are desirous to make and maintain the said Railway 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 Certain perthe Honorable the Speaker of the Legislative Assembly Sir Allan Napier MacNab, sons incorKnight, the Honorable John Molson, the Honorable Adam Ferrie, the Honorable James Ferrier, the Honorable John Nelson, the Honorable Robert W. Harwood, Sir George Simpson, Peter Warren Dease, Allan M'Donell, Robert Armour, Charles H. Castle, John Try, Henry Corse, John Matthewson, William B. Jarvis, Joseph Cary and Josiah Timmis, Junior, Esquires, together with such other person or persons as shall, under the provisions of this Act, become subscribers to and proprietors of any share or shares in the Rail-way hereby authorized to be made and other works and property hereinafter mentioned, and their several and respective heirs, executors, administrators, curators and assigns, being proprietors of any such share or shares, are and shall be united into a Company for carrying on, making, completing and maintaining the said intended Rail-way and other works, according to the rules, orders and directions hereinafter expressed, and shall for that purpose be one body politic and corporate by the name of The Canada, New Brunswick and Nova Scotia Rail-way Company, and Corporate by that name shall have perpetual succession and shall have a common seal, and other the usual powers and rights of bodies corporate not inconsistent with this Act, and by that purposes of certain corporate powers this Act; and conferred on them. name. how under stood in this Act. Mortmain Laws not to apply. that name shall and may sue and be sued, and also shall and may have power and authoWord 'Lands' rity to purchase and hold lands, (which word shall throughout this Act be understood to include the land and all that is upon or below the surface thereof, and all the real rights and appurtenances thereunto belonging,) for them and their successors and assigns, for the use of the said Rail-way and works, without Her Majesty's Lettres d'Amortissement, (saving nevertheless to the Seignior or Seigniors within whose censive the lands, tenements and hereditaments so purchased may be situate, his and their several and respective droits d'indemnité, and all other Seignioral rights whatever,) and also to alienate and convey any of the said lands, purchased for the purposes aforesaid, and any person or persons, bodies politic or corporate, or communities may give, grant, bargain, sell or convey to the said Company any lands for the purposes aforesaid, and the same may re-purchase of the said Company without Lettres d'Amortissement: And the said Company shall be and are hereby authorized and empowered from and after the passing of this Act, by themselves, their deputies, agents, officers, workmen and servants, to make and complete a Rail-way to be called The Canada, New Brunswick and Nova Scotia Rail-way, with one or more sets of Rail or Tracks, and to be worked by locomotive engines, or on the atmospheric principle, or in such other mode as the said Company may deem expedient, from Melbourne or the said Rail- Drummondville to Point Levy, opposite to Quebec, and thence by Rivière-du-Loup to the Province Line of New Brunswick, and to erect wharves, warehouses, stores and other buildings at their termination, and at such other places on the line of the said Rail-way as they may deem expedient. Rail-way may be made on any plan. Direction of road. Governor in determine Power to the Company to set out and Survey lands necessary for their works, &c. To get and place materials. To erect building, ma chinery, &c. II. Provided always, and be it enacted, That the Governor in Council shall determine the gauge which shall be used in the Rail-road, and such determination shall be declared by Proclamation in the Official Gazette, and shall thereupon be binding on the said Company. III. And be it enacted, That for the purposes aforesaid, the said Company, their deputies, servants, agents and workmen, are hereby authorized and empowered to enter into and upon any lands and grounds of the Queen's Most Excellent Majesty, not hereinafter excepted, or of any person or persons, bodies politic or corporate, or collegiate, or communities or parties whatsoever, 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 think necessary and proper for making the said intended Rail-way and other works hereby authorized, and all such works, matters and conveniences as they shall think proper and necessary for making, effecting, preserving, improving, completing, maintaining and using the said intended Rail-way and other works, and also to bore, dig, cut, trench, get, remove, take, carry away, and lay earth, clay, stone, soil, rubbish, trees, roots of trees, beds of gravel or sand, or any other matters or things which may be dug or got in making the said intended Rail-way or other works, on or out of the lands or grounds of any person or persons adjoining or lying convenient thereto, and which may be proper, requisite or necessary for making or repairing the said intended Rail-way, or the works incidental or relative thereto, or which may hinder, prevent or obstruct the making, using or completing, extending or maintaining the same respectively, according to the intent and purpose of this Act; and to make, build, erect and set up, in or upon the said intended Rail-way, or upon their lands adjoining or near the same respectively, such and so many houses, warehouses, toll-houses, watch-houses, telegraphs or other signals, weighing beams, cranes, fire-engines, steam-engines, or other engines, other works necessary for either stationary or locomotive, inclined planes, machines, and other works, ways, roads and conveniences, as and when the said Company shall think requisite and convenient for the purposes of the said Rail-way and works; and also from time to time to alter, repair, divert, widen, enlarge and extend the same, and also to make, maintain, Bridges and repair and alter any fences or passages over, under or through the said intended Rail- for passing way, and to construct, erect and keep in repair any bridges, arches and other works streams, &c. upon and across any rivers or brooks for the making, using, maintaining and repairing of the said intended Rail-way; and to turn any such brook, river or water-course, and to change its course; and to construct, erect, make and do all other matters and things Other works which they shall think convenient and necessary for the making, effecting, extending, the Rail-way. preserving, improving, completing, and easy using of the said intended Rail-way and other works, in pursuance of, and according to the true intent and meaning of this Act, they, the said Company, doing as little damage as may be, in the execution of As little damthe several powers to them hereby granted, and making satisfaction in manner herein age as possible after mentioned to the owners or proprietors of, or the persons interested in the lands, and compensatenements and hereditaments, water, water-courses, brooks or rivers respectively, which shall be taken, used, removed, prejudiced, or of which the course shall be altered, or for all damages to be by them sustained in or by the execution of all or any of the powers given by this Act; and this Act shall be sufficient to indemnify the said Company and their servants, agents or workmen, and all other persons whatsoever for what they, or any of them, shall do by virtue of the powers hereby granted, subject nevertheless to such provisions and restrictions as are hereinafter mentioned. IV. Provided always, and be it enacted, That the said Company shall not carry the said Rail-way along any highway but shall merely cross the same in the line of the said road, whatever be the angle at which such line shall intersect the said highway; and before they shall in any way obstruct such highway with their works, they shall turn the said highway at their own charges so as to leave an open and good passage for carriages free from obstructions, and when their works are completed, they shall replace the said highway or street, under a penalty of not exceeding five pounds currency, for any contravention, over and above all damages sustained by any party but in any case the rail itself, provided it does not rise above or sink below the surface of the road more than one inch, shall not be deemed an obstruction. to be done, tion to be made. How the Railway shall be carried across roads. Rail itself not an obstruction. Company to and levels of the lands take surveys through which and make a map and book of reference. V. And be it enacted, That for the purposes of this Act, the said Company shall and may by some sworn Land Surveyor for Lower Canada, and by an Engineer or Engineers by them to be appointed, cause to be taken and made, surveys and levels of the lands through which the said intended Rail-way is to be carried, together with a the Rail-way is map or plan of such Rail-way, and of the course and direction thereof, and of the said to be carried, lands through which the same is to pass, and the lands intended to be taken for the several purposes authorized by this Act, so far as then ascertained, and also a book of reference for the said Rail-way, in which shall be set forth a description of the said several lands, and the names of the owners, occupiers, and proprietors thereof, so far as they can be ascertained by the said Corporation, and in which shall be contained every thing necessary for the right understanding of such map or plan; which said map or plan and book of reference shall be examined and certified by the persons performing the duties formerly assigned to the Surveyor General, or his Deputies, who shall deposit copies thereof in the office of the Prothonotary of the Court of Queen's Bench for the District of Quebec, and also in the office of the Secretary of the Province, The same to be examined and deposited. tracts may be taken and used. Certified co Copies or ex- Province, and shall also deliver one copy thereof to the said Company; and all persons shall have liberty to resort to such copies so to be deposited as aforesaid, and to make extracts or copies thereof as occasion shall require, paying to the said Secretary of the Province, or to the said Prothonotary, at the rate of six pence current pies to be evi- money of this Province for every hundred words; and the said triplicates of the said map or plan and book of reference, so certified, or a true copy or copies thereof, certified by the Secretary of the Province, or by the Prothonotary of the Court of Queen's Bench for the said District, shall severally be, and are hereby declared to be good evidence in the Courts of Law and elsewhere. dence. When the VI. Provided always, and be it enacted, That where the said Rail-way shall cross or ses any high- be carried along any public highway, (which word shall in this Act include all public way, the rail, &c. to be. within one inch of the surface. Precautions to be observed when the Rail-way crosses a highway on a level. Company not to deviate more than one mile from the line shewn as aforesaid. Except by consent. Effect of errors in the books of reference.. Lands taken not to exceed thirty yards in breadth. Exceptions for deep cutting, off-setts, &c. streets, lanes or other public ways or communications,) neither the rail nor any other part of the Rail-way or works connected therewith, shall rise above the level of such highway, or sink below the level of such highway, more than one inch; and the said Rail-way may be carried across any highway within the limits aforesaid. VII. Provided always, and be it enacted, That the said Company shall, at each and every place where the said Rail-way shall cross any highway on a level, erect and keep up good and sufficient gates across the highway; and for each and every neglect to comply with the requirements of this section, the said Company shall incur a penalty not exceeding five pounds currency. VIII. And be it enacted, That the said Company, in making the said intended Railway, shall not deviate more than a mile from the line of the Rail-way or from the places assigned to the several works of the Company, in the map or plan and book of reference deposited aforesaid, nor cut, carry, place, lay down or convey the said Rail-way into, through, across, under and over any part of any lands or grounds not shewn and mentioned in such map or plan and book of reference, as being required for such purpose, or as being within one mile of the said line and of the places assigned therein to the works respectively, (save in such instances as herein specially provided for,) without the consent of the party or parties who could, under the provisions of this Act, convey such lands. IX. And be it enacted, That the said Company may make, carry or place their said intended Rail-way and works, into, across or upon the lands of any person or party whomsoever on the line aforesaid, or within the distance aforesaid from such line, although the name of such party be not entered in the said book of reference, through error, want of sufficient information, or any other cause, or although some other person or party be erroneously mentioned as the owner of or party entitled to convey, or interested in such lands. X. And be it enacted, That the lands or grounds to be taken or used for such intended Rail-way, and the ditches, drains and fences to separate the same from the adjoining lands, shall not exceed thirty yards in breadth, except in such places where the said intended Rail-way shall be raised more than five feet higher, or cut more than five feet deeper than the present surface of the land, and in such places where it shall be judged necessary to have off-sets for the locomotives or other engines and carriages using the said Rail-way to be or pass each other (and not above one hundred yards in breadth in any such place,) or where any houses, ware-houses, wharves, toll- XII. And be it enacted, That after any lands or grounds shall be set out and ascertained in manner aforesaid, for making and completing the said Rail-way and other works, and other the purposes and conveniences hereinbefore mentioned, it shall and may be lawful for all bodies politic, corporate, or collegiate, corporations aggregate or sole, communities, grevés de substitution, guardians, curators, executors, administrators, and all other trustees or persons whatsoever, not only for and on behalf of themselves, their heirs and successors, but also for and on behalf of those whom they represent, whether infants, issue unborn, lunatics, idiots, femes-covert, or other persons or parties, who are or shall be seized, possessed of or interested in any lands or grounds which shall be so set out and ascertained as aforesaid, or any part thereof, to contract for, sell and convey unto the said Company, all or any part of such lands or grounds which shall under this Act be set out and ascertained as aforesaid; and that all contracts, agreements, sales, conveyances and assurances so to be made, shall be valid and effectual in law to all intents and purposes whatsoever; any law, statute, usage or custom to the contrary thereof in any wise notwithstanding; and that all bodies politic, corporate or collegiate, or communities, and all persons whatsoever, so conveying as aforesaid, are hereby indemnified for what he, she, or they, or any of them shall respectively do by virtue of or in pursuance of this Act: Provided always, that before the map or plan and book of reference shall be deposited as aforesaid, and before the lands required for the said Rail-way and works shall be set out and ascertained, it shall be lawful for any party who might under this Act convey any lands to the said Company, if the same were so set out and ascertained, to agree with the Company for the price to be paid for such lands if they shall be thereafter so set out and ascertained; and such agreement shall be binding, and the price agreed upon shall be the price to be paid by the Company for the same lands, if they shall be afterwards so set out and ascertained, within one year from the date of such agreement, and although such land may in the mean time have become the property of a third party; and possession of |