certain works,

9. It shall be lawful for the said company to break up, Power to do dig and trench so much and so many of the streets, squares, &c. highways, lanes and public places within the limits of the town of Sherbrooke, and the township of Ascot, of the village of Lennoxville, of the township of Orford, or of any one of said corporations, having obtained permission so to do, as may be necessary for laying down the mains and pipes to conduct the gas or illuminating material from the works of the company to the consumers thereof, doing no unnecessary damage in the premises, and taking care as far as may be to preserve a free and uninterrupted passage through the said streets, squares, highways, lanes and public places, while the works are in progress.

the Gas.

10. Where there are buildings within the said limits, the Power to carry different parts whereof belong to different proprietors, or pipes to convey are in possession of different tenants or lessees, the company may carry pipes to any part of any building so situate, passing over the property of one or more proprietors, or in the possession of one or more tenants, to convey the gas or illuminating material, to the property of another or in the possession of another

ing them.

11. The company may also break up and uplift all passa- To do certain ges common to neighbouring proprietors or tenants, and works for fixdig or cut trenches therein, for the purpose of laying down pipes or taking up or repairing the same, doing as little damage as may be, in the execution of the powers granted by this act; and making satisfaction thereafter to the owners or proprietors of buildings or other property, or to any other party, for all damages to be by them sustained in or by Damages. the execution of the powers granted by this act; subject to which provisions this act shall be sufficient to indemnify the company, their servants and those by them employed for what they or any of them shall do in pursuance of the powers granted by this act.

12. The said company shall so construct and locate their Construction of works and all apparatus and appurtenances thereunto be- apparatus, &c. longing or appertaining so as not to endanger the public health or safety.

guarded.

13. In case the said company shall open or break up any Excavations, street, square, or public place, and shall neglect to keep &c., to be the passage of the said street, square or public place, as far as may be, free and uninterrupted, or to place guards or fences with lamps, or to place watchmen, or to take every necessary precaution for the prevention of accidents to passengers and others, or to close and replace the said streets, Neglect in squares or public places, without unnecessary delay, or such case.

Damages.

Right of ac

tion.

Pipes communicating with those belonging to the comp.

Penalty.

Persons injur

the works.

Other damages.

when notified so to do by the town inspector, or other municipal officer, or to repair any damage that may have been caused to such street, square or public place, by reason of any works done therein by the said company, such company shall be responsible for all damages caused by such neglect, and the municipal authorities of the corporation interested after notice, in writing to the company, shall cause the duty so neglected, to be forthwith performed, and may recover the expense thereof from the said company; and in default of payment of the said costs by the latter, within one month after demand, they may be recovered by civil action in any court of competent jurisdiction.

14. If any person lays, or causes to be laid, any pipe or main, to communicate with any pipe or main belonging to the said company, or in any way, obtains or uses its gas or other illuminating material, without the consent of the company, he shall forfeit and pay to the company, the sum of one hundred and twenty dollars, and also a further sum of four dollars for each day during which such communications remains, which sums together with costs of suit in that behalf incurred, may be recovered by civil action, in any court of competent jurisdiction.

15. If any person wilfully or maliciously breaks up, pulls ing maliciously down, or damages, injures, puts out of order, or destroys any main pipe, engine pipe, plug or other works or apparatus, appurtenances or dependencies thereof, or any matter or thing made and provided for the purpose aforesaid, or any of the materials used and provided for the same, or belonging to the said company; or shall in any way wil fully do any other injury or damage, for the purpose of obstructing, hindering or embarrassing the construction, completion, maintaining or repairing of the said works, or cauWaste of gas. ses or procures the same to be done, or increases the supply of gas or other illuminating material agreed for with the company, by increasing the number or size of the holes in the gas burners, or using the gas without burners, or otherwise wrongfully, negligently, or wastefully burning the same, or by wrongfully or improperly wasting the same, such person shall on conviction thereof, before a justice of the peace, or any other person authorized to act in that capacity, in the locality wherein the offence has been committed, be compelled to pay for the use of the company, a penalty not exceeding forty dollars, together with costs of prosecution, or be confined in the common gaol of the district, for a space of time not exceeding three months, in default of payment, as to such justice shall seem meet.

Penalty,

16. Nothing in this act contained, shall prevent any per- Reserved son from constructing any works for the supply of gas to rights. his own premises.

17. Neither the service, nor connecting pipes of the said Properties of the comp. uncompany; nor any meters, lusters, lamps, pipes, gas-fittings, seizable for the or any other property of any kind whatsoever of the com- debts of other pany, shall be subject to or liable for rent, notwithstand. persons. ing the article 1622 of the civil code, nor liable to be seized or attached in any way by the possessor or owner of the premises wherein the same may be, nor be, in any way whatsoever, liable to any person, for the debt of any person, to and for whose use, or the use of whose house or building, the same may be applied by said company, notwithstanding the actual or apparent possession thereof, by such person.

18. If any person wilfully, or maliciously, damages or Damages malicauses or knowingly suffers to be damaged, any meter, ciously caused. lamp, luster, service pipe or fittings, belonging to the said company, or wilfully impairs, or knowingly suffers the same to be altered or impaired, so that the meter or meters indicate less gas than actually passes through the same, such person shall incur a penalty, to the use of the company, for Penalty. every such offence, of not less than four dollars, nor exceeding twenty dollars, and shall also pay all charges necessary Costs for refor the repairing or replacing the said meter, pipes, or fit- pairing. tings, and double the value of the surplus gas so consumed; such damages, penalties and charges, to be recovered, with costs, as hereinafter provided.

lamps.

19. If any person wilfully extinguishes any of the pub- Persons extinlic lamps or lights, or wilfully removes, destroys, dama-guishing ges, fraudulently alters, or in any way injures any pipe, pedestal, post, plug, lamp or other apparatus or thing belonging to the company, he shall forfeit and pay to the use of the company, a penalty not less than four dollars, nor Penalty. more than twenty dollars, and shall also be liable to make good all damages and charges, to be recovered with costs, as hereinafter provided.

gas in certain

20. If any person supplied by the company with gas, ne- Power to stop glects to pay the rent, rate or charge due to the company at cases. any of the times fixed for the payment thereof, the company, or any person acting under their authority, on giving fortyeight hours previous notice, may stop the supply of gas from Notice requirentering the premises of the person in arrear as aforesaid, by ed. cutting off the service pipe or pipes, or by any such other means as the company, or its officers see fit, and may recover the rent or charge due up to such time together with

Power to enter

houses to that end.

the expenses of cutting off the gas, in any competent court, notwithstanding any contract to furnish for a longer time.

21. In all cases where the company may lawfully cut off and take away the supply of gas from any house, buildding or premises, the company, their agents and workmen, upon giving forty-eight hours previous notice to the person in charge or the occupier, may enter into the house, buildding or premises, between the hours of nine o'clock in the forenoon, and four in the afternoon, making as little disturbance and inconvenience as possible, and may remove and take away any pipe, meter, cock, branch, lamp fittings or apparatus, the property of and belonging to the company; and any servant of the company duly authorized, may, between the hours aforesaid, enter any house into which gas For repairing. has been taken, for the purpose of repairing and making good any such house, building or premises, or for the purExaminators, pose of examining any meter, pipe or apparatus belonging to the company or used for their gas; and if any person refuses to permit or does not permit the servants and officers of the company to enter and perform the acts aforesaid, the person so refusing or obstructing, shall incur a penalty, to case of refusal. the company for every such offence not exceeding ten dollars, and a further penalty not exceeding four dollars for every day during which such refusal or obstruction continues, to be recovered with costs, as hereinafter provided.

&c.

Penalty in

Recovery of penalties.

Where suits shall be brought.

How levied.

Seizure.

Gaol.

22. All fines, penalties and forfeitures imposed by this act may be sued for and recovered with costs by the company, either in the manner herein before directed, or before a justice or justices of the peace in the district where the offence has been committed, on the oath of any one credible witness.

23. All actions for damages or penalties, or both, given by this act, shall be brought in courts having jurisdiction to the amount involved in such suit, unless otherwise provided by this act.

24. Where damages as well as a penalty may be given, such damages and penalty may be sued for separately, and in case of any damages being obtained against any party, the amount of penalty imposed shall be deducted from such damages, and such fines, penalties and damages may be levied by distress from the goods of the defendant, and in case the defendant has no goods to satisfy any penalty imposed, he shall be committed to the common gaol for such period not exceeding two months, as the justice or court may direct.

25. In any action brought by or on behalf of the company Shareholders in any court or in any proceeding before a justice of the shall be compeace, on behalf of any such company, the president and nesses. any shareholder shall be competent witnesses, notwithstanding their interest in such suit or otherwise.

petent wit

that effect.

26. The directors of the said company may, if they see fit Increase of the at any time after the whole capital stock of one hundred capital stock. and twenty thousand dollars above mentioned shall have been subscribed and paid in, but not sooner, make a by-law By-laws to for increasing the capital stock of the company to any amount which they may consider requisite in order to the due carrying out of the objects of the company. Such bylaw shall declare the number and the value of the shares of the new stock, and may prescribe the manner in which the same shall be allotted, subject to the provision hereinbefore contained with reference to the right of preference in favor of the then existing body of shareholders. But no such Sanction thereby-law shall have force and effect until after it shall have of. been sanctioned by a vote of not less than two-thirds in amount of the shareholders at a general meeting of the company, duly called for considering the same.

27. "The joint stock companies general clauses act " Application of shall apply to and be a part of this act, except in so far as it 31 V., ch. 24, is in contradiction to or inconsistent with any of the provisions of this act.

CAP. XC.

An Act to incorporate The Wharfage Company of Sorel.

WH

[Assented to 23rd February, 1875.]

HEREAS Louis Adelard Senecal, Ashley Hibbard, Preamble. and Charles Gill, have, by their petition, represented that they, as well as others as associated with them, desire to obtain an act of incorporation for the purpose of forming a company to construct wharves and a dock at Sorel; and whereas it is expedient to grant their prayer; Therefore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows:

incorporated.

1. Louis Adelard Senecal, Ashley Hibbard, Charles Gill, Certain persons M. P., the Honorable Jean-Baptiste Guévremont, the Honorable Horace Fairbanks, Waldo Brigham, the Honorable George Hendie, N. A. Smith, M. D., Samuel T. Willett, Edward Campbell Wurtele and A. A. Taillon, or those among them, or any other persons who may become share