forty-fifth, forty-sixth, forty-seventh, forty-eighth, forty-ninth, fiftieth, fifty-first, fifty-second, fifty-third, fifty-fourth, fifty-fifth, fifty-sixth, and fifty-seventh Sections of this Act shall extend to and regulate all Turnpike Road Companies in Upper Canada in the collection of Tolls or otherwise, whether constructed under the authority of any of the Acts mentioned in the preamble hereof or under authority of an Act passed in the Session held in the thirteenth and fourteenth years of Her 13 & 14 V. c. 14. Majesty's Reign, intituled, An Act to extend the Act for the formation of Companies for constructing Roads and other Works to Companies formed for the purpose of acquiring Public Works of like nature, or under the authority of an Act passed by the Parliament of this Province, in the Session thereof, held in the 12th year of Her 12 V. c. 5, or the Majesty's Reign, chapter five, and intituled, An Act for the better preamble to this management of the Public Debt, Accounts, Revenue and Property,

Act cited in the

Act, or by any
Municipality.

or constructed by or belonging to the Municipality of any County, Town or Village in Upper Canada, authorized to construct or acquire road under any Act of the Parliament of this Province in the same manner and as fully as if the said several and respective Sections had been inserted in and were part of any of the said several Acts, respectively, incorporating Road Companies in Upper Canada, or in any one of the Acts heretofore passed, authorizing the Municipalities of Counties, Cities, Towns or Villages, to construct or acquire roads; Provided, however, that lower rates of toll upon any road hereafter transferred to any Company by the Acts especially cited in this Section, may be fixed or established in the order of the Governor in Proviso: certain Council, transferring the same to any such Company; Provided Companies hav- also, and be it further enacted, That the provisions contained in ing private Acts of incorporation. the sixth, seventh, eighth, ninth, tenth, eleventh, twelfth, nineteenth,

Proviso.

sects. to extend to

Road Companies to lay down in

twentieth, twenty-first, twenty-second, twenty-third, twenty-fourth, twenty-fifth, twenty-sixth, twenty-eighth, thirty-first, thirty-second, thirty-third, thirty-fourth, thirty-fifth, thirty-sixth, thirty-seventh, thirtyeighth, fortieth, forty-first, forty-second, forty-third, forty-fourth, fortyfifth, forty-sixth, forty-seventh, forty-eighth, forty-ninth, fiftieth, fiftyfirst, fifty-second, fifty-third, fifty-seventh and fifty-eighth Sections of this Act, together with this proviso, shall also extend to Road Companies having private Acts of Incorporation, but that no other Sections of this Act shall apply to such companies.

LX. And be it enacted, That it shall be the duty of every Company grass all cleared incorporated under this Act or any of the Acts hereby repealed, wherelands belonging to them and ad- ever it may be necessary, to sow with grass seed all cleared land or ground belonging to such Company and adjoining their road or roads, and to cause the same, so far as may be, to be covered with grass or

joining their

Roads:

turf, if not already so covered, and to cause all thistles and other weeds growing on such land or ground, to be cut down and kept constantly

fault.

cut down, or to be rooted out of the same; and if any such Company Penalty for deshall fail so to do, such Company shall thereby incur a penalty of Ten Shillings for each day on which they shall fail to comply with any of the requirements of this section, within eight days after having been required to comply with the same by a notice to be served on such Company on the part of the Reeve of the Municipality of the Township within which such land or ground shall lie, and it shall also be lawful for the said Reeve, after the expiration of the said Eight Days, and if the Company shall not then have complied with such notice, to cause all such things to be done as the said Company shall have been by the said notice lawfully required to do, and the said Municipality may recover to and for the use and purposes of such Municipality, the expense of so doing, together with the said penalty, and all costs and charges, from the said Company, by action of debt in any Court having jurisdiction in civil cases to the amount sought to be recovered.

LXI. And be it enacted, That all Acts and portions of Acts repug- Inconsistent nant to or inconsistent with the provisions of this Act, shall be and the pealed. same are hereby repealed.

LXII. And be it enacted, That this Act shall be a Public Act.

Public Act.

in the year of our Lord one thousand eight hundred and we, the undersigned Stockholders, met at

County of

in the
in the Province of
Canada, and resolved to form ourselves into a Company, to be called
(here insert the corporate name intended to be taken by the Company)
according to the provisions of a certain Act of the Parliament of
this Province, intituled, An Act, &c., insert here the title of this Act)
for the constructing of a road from (the commencement of the intended
road) to (the termination thereof) (describing the line of intended
road, or other such work as aforesaid) and we do hereby declare that
the Capital Stock of the said Company shall be
Pounds, to
be divided into
shares, at the price or sum of Five Pounds
each; and we, the undersigned Stockholders, do hereby agree to take
and accept the number of shares set by us opposite to our respective
signatures, and we do hereby agree to pay the calls thereon, according
to the provisions of the said in part recited Act, and of the Rules,

Schedule A.

304

Schedule B.

Regulations and By-laws of the said Company, to be made or passed in that behalf; and we do hereby nominate (the names to be here in serted) to be the first Directors of the said Company.

the
year of our Lord one thousand eight hundred and
the Stockholders of the "Township of

, in

Road Company," (as the case may be) and the Stockholders of the "Town or Municipality Road Company," (as the case may be) met at in the County

of

of
and then and there by the majority of the Stockholders
holding or representing at least two thirds of the Capital Stock of each
of the said Companies respectively, resolved to unite the said
Companies into one Consolidated Incorporated Company, to be called
Consolidated Road Company

, according

the
to the provisions of the nineteenth Section of a certain Act of
Parliament of this Province, intituled, An Act, (here insert title of this
Act,) upon the terms following, that is to say:

(here set out the terms upon which the Companies agree to unite.)
And we do hereby declare that the Capital Stock of the said united
Company is

into

(as the case may be) divided

shares of Five Pounds each.

In testimony whereof we have hereunto set our Hands, and affixed the Seals of the said respective Companies, this

day of

Preamble.

HARBOUR & DOCK COMPANIES.

ACT 16 VICT., CAP. 124.

An Act to provide for the formation of Joint Stock Companies for
the construction of Piers, Wharves, Dry Docks and Harbours.
Whereas it is expedient to provide for the construction of Piers and
Wharves, for dredging and deepening Harbours, and constructing

Docks to increase the safety of vessels and facilitate the operation of loading and unloading or repairing the same: 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 reunite 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 any number of persons not less than five, respectively, may Formation of form themselves into a Company for the purpose of constructing any Piers or Wharves, or for dredging or deepening or making any Harbour, or for the erection of Dry Docks and Marine Railways connected therewith, in Upper Canada; Provided that before any Company to Proviso: be formed under the provisions of this Act, shall proceed with their

Company.

work, it shall be necessary for them to obtain the consent of the Muni- Previous consent

of Municipality.

Property not to

consent.

cipality within which such work is proposed to be made, which Municipality shall have the power to fix the limit and boundary of the proposed Habour; Provided secondly, that no Company so formed shall Proviso: have power to take any private property without the consent of the owner, be taken without or to take or interfere with any property belonging to the Crown, without the approval of the Governor in Council, nor shall any such Company obstruct any Harbor now in use, or interfere with any Company already chartered or Board of Commissioners incorporated for the construction of the Harbor.

ecuted and regis

II. And be it enacted, That when a Company shall have been Articles to be exformed under the provisions of this Act, and a sufficient amount of tered. Stock shall have been taken, adequate in their judgment to complete the work, they shall execute an instrument according to the Schedule to this Act annexed, and register such Instrument with the Registrar of the County in which such work shall be situated.

porate powers.

III. And be it enacted, That when the requirements contained in Incorporation the preceding Section of this Act shall have been complied with, such port powers Company shall henceforth become and be a chartered and incorporated Company, by such name as shall be designated in the Instrument so to be registered as aforesaid; and by such name, they and their successors shall and may have perpetual succession, and shall be capable both at law and in equity, of suing and being sued, of impleading and being impleaded, answering and being answered unto, defending and being defended, in all Courts of Law and Equity and places whatsoever, in all manner of actions, suits, complaints, matters and causes whatsoever, and they and their successors may have a

Real property.

Directors how appointed or elected.

Proviso.

each.

common seal, and the same may make, alter and change at their will and pleasure; and that they and their successors, by their corporate name, shall be capable of purchasing, taking, having, holding and conveying, selling and departing with, any lands, tenements and hereditaments whatsoever, which may be or have been thought to be useful and necessary for the purpose of such Corporation.

IV. And be it enacted, That the affairs, stock, property and concerns of every such Company which shall and may be formed under the provisions of this Act, shall for the first year be managed and conducted by five Directors, to be named in the Instrument so to be registered as aforesaid, and thereafter to be annually elected by the Stockholders, on the second Monday of December in each and every year, according to the provisions of a By-law to be passed by the Directors for that purpose; which By-law shall regulate the manner of voting, the place and hour of meeting for the election, the qualification of voters and of Candidates for the Direction, and any other matters, except the day of election, which the Directors may see to be necessary to carry out the provisions of this Section of this Act: which By-law shall be published in the newspaper, or one of the newspapers, published nearest the place where the Directors of the said Company shall usually meet for conducting the business of the Company, for three successive weeks; and the said Directors shall have full power to alter, change or amend the said By-law, whenever they shall see proper, they being always bound to publish the said amended By-law in the manner above provided, and any majority of such Directors shall be a quorum for the transaction of business; Provided, however, that if the annual Election of Directors for any such Company shall for any cause not take place regularly at the time appointed, such Company shall not thereby be dissolved, but the Directors thereof for the time being, shall, in that case, continue to serve until another election of Directors shall be held, and such other election shall in such case be held at such time within one month thereafter, as shall have been or shall be provided for by any By-law passed or to be passed by the Directors of such Company for that purpose.

Shares to be £5 V. And be it enacted, That each share in every such Company shall be Five Pounds, and shall be regarded as personal property, and shall be transferable upon the books of such Company, in such manner as shall be provided by any By-law to be made by the Directors in that behalf.

Amount of calls

how recoverable

VI. And be it enacted, That any such Company so to be incorpofrom Sharehold-rated as aforesaid, may, in any Court having jurisdiction in matters of simple contract, to the amount demanded, sue for, recover or receive of