not repugnant

matter requir

to incorporate the City and Town of Montreal, as amended by a certain Ordinance of far as they are the Governor and Special Council aforesaid, passed for that purpose, also, in the to this Act, to fourth year of Her present Majesty's Reign, and intituled, An Ordinance to amend govern any the Ordinance to incorporate the City and Town of Montreal, shall, in so far as they ed under this shall not be repugnant to or inconsistent with, the express enactments and evident intent of this Act, extend to, and govern each and every act and thing required or authorized to be performed and done, under the authority of this Act, as if this Act had formed part of the said last mentioned Ordinances, or of either of them.

XXVIII. And be it enacted, that all Acts or Provisions of Law in force in this Province, or in any part thereof, before or up to the time when this Act shall come into force, which shall be inconsistent with, or contradictory to this Act, or which make any provision in any matter provided for by this Act, other than such as is hereby made in such matters, shall, from and after the time when this Act shall come into force, be and they are hereby repealed, except in so far as may relate to any circumstance, act or thing occurring, done, or effected before the commencement of this Act, which shall be dealt with, adjudged upon, and determined, as if this Act had not been passed.

XXIX. And be it enacted, that this Act shall be and is hereby declared to be a Public Act, and shall as such be judicially taken notice of by all Judges, Justices and other persons in this Province, without being specially pleaded.

CAP. XLV.

An Act to incorporate Charles Cunningham, Richard Norman, Samuel
Amory and others, forming a Joint Stock Company for carrying on
the Fishery in the Gaspé District and Gulf of St. Lawrence, and
Coal Mining in the said District.

WH

[9th December, 1843.]

HEREAS the improvement and extension of the British Fishery in the Gulf of St. Lawrence and Bay of Chaleurs, and other places on the coast of the Province of Canada, are of great importance, not only to the said Province but to the British Empire; And whereas it is also of great importance to the said Province, that its Mines and Mineral wealth should be properly worked and brought into useful operation, and to accomplish the purposes aforesaid, it is expedient to establish a Body Politic and Corporate, with the powers, rights and privileges hereinafter

Act.

hereinafter contained, and more particularly with power to the said Body Politic and Corporate, to hold lands, tenements and hereditaments necessary to the carrying on their business in the said Province of Canada, to them and their successors, either by acquisition from the Crown or by purchase from individuals, and to work any Coal Mine or Coal Mines found thereupon, Mines and Minerals thereunto appurtenant and belonging, and with full power to work the same, and to hold and possess immoveable and moveable property of every description; And whereas Charles Cunningham, of Clarges-Street, in the County of Middlesex, Richard Norman, of Bryanstone Square, in the said County, and Samuel Amory, of Throgmorton-Street, also in the County aforesaid, in that part of the United Kingdom of Great Britain and Ireland called England, Esquires, in order to carry the aforesaid purpose into effect, have, by their petition in this behalf, represented that they are, on behalf of themselves and other persons, prepared to raise by subscription a capital of one hundred and fifty thousand pounds, sterling, when they shall be duly authorized and protected in so doing, by an Act of Incorporation passed by the Provincial Legislature of Canada, and by a Charter from the Crown; 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, 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 the said Charles Cunningham, Richard Norman, Samuel Amory, and such and so many other person or persons, Bodies Politic or Corporate as have become or shall at any time hereafter become Subscribers or Shareholders of or for the Capital Stock hereinafter mentioned, in manner hereinafter provided, and their respective successors, executors, administrators and assigns, or such other person or persons, Bodies Politic or Corporate, as shall from time to time be possessed of or entitled to such shares as hereinafter provided, shall be a Body Politic or Corporate in the Province of Canada, in deed and in name, by the name of "The Gaspé Fishery and Coal Mining Company," and by that name shall and may sue and be sued, implead and be impleaded in all Courts of Law and Equity in the said Province of Canada, and shall, during the continuance of this Act, have uninterrupted succession with a Common Seal, which may by them be changed or varied at their pleasure.

II. And be it enacted, that it shall be lawful for the said Company to engage in and follow the occupation of carrying on the Fisheries, and such Trade as may be necessary to the carrying on of the said Fisheries in the Gulf of St. Lawrence, the Bay of Chaleurs, and elsewhere, on the sea coast of Canada, and it shall be further lawful for the said Company, their Agents and Servants to land (saving

always

always the rights of others) on any part of the said sea coast of Canada, and on the banks or shores of the Bays, Harbours, Creeks and Rivers of the said Gulf within the said Province (except where the same are private property or are occupied) to salt, cure and dry the Fish which they may catch or purchase, and to do all such other lawful and needful acts as may be necessary effectually to prepare and export the same for sale to the several markets for which the said Fish may be intended.

III. And be it enacted, that it shall be lawful for the said Company to hold to them and their successors such lands, tenements, hereditaments and immoveable property of every description, as may be necessary to the carrying on the business of the said Company, the value thereof not to exceed at any one time Fifty thousand pounds, sterling, within the District of Gaspé, in the said Province, and that it shall be lawful for the said Company to dig, sink, work or make mines, pits and shafts, and to drive drifts, waterfalls or watercourses upon and under the surface of the lands, tenements and hereditaments so acquired by them (without prejudice always to the rights and property of Her Majesty and of any others) by grant or purchase, for the winning and getting of Coal, in, upon, or out of any part of the said lands, tenements and hereditaments; and it is hereby enacted and declared, that if the said Company shall at any time hold such lands, tenements and hereditaments, and immoveable property as aforesaid, exceeding the aforesaid sum in value, then this Act shall cease and determine, and the said Company shall forfeit all, each and every the rights and privileges hereby conferred. IV. And be it enacted, that the Capital or Joint Stock of the said Company shall be used and applied in establishing and carrying on the said undertakings, and for the purposes aforesaid; and that the shares in the said advantages, and in the profits and undertakings thereof, shall be, and be deemed personal estate and moveable property in the Province of Canada, and as such personal estate and moveable property shall be transmissible accordingly.

V. And be it enacted, that all and every person and persons, Bodies Politic or Corporate, by or from whom any subscription shall be made or accepted, or any payment made pursuant to the provisions herein contained for that purpose, for or towards the raising of the said Capital of One hundred and fifty thousand pounds, sterling, as aforesaid, his, her or their successors, or executors or administrators and assigns, respectively, (no such subscription being less than one hundred pounds, sterling) shall have and be entitled to a share of, and in the said Capital or Joint Stock of the said Company in proportion to the monies which he, she or they shall have so contributed towards making up the same, and shall have and be entitled to a proportionable share of the profits and advantages attending

M M

The Compa

ny shall cause shareholders to be entered in

proper books.

Stock sub

scribed for to

be paid up by instalments,

and if not paid

the amount

may be recov

ered by the Company.

Which of the

joint-owners of

any share or shares shall vote in

then respect

thereof, &c.

tending the Capital of the said Company, and shall be admitted to be a proprie tor or proprietors of and in the same.

VI. And be it enacted, that the said Company, or the Directors to be appointed by virtue of this Act, shall cause the names and designations of the several persons, Bodies Politic and Corporate, who shall subscribe for or at any time hereafter be entitled to a share or shares in the said Company with the number of such share or shares, and also the proper number by which every share shall be distinguished, to be fairly and distinctly entered in a book or books, to be kept by their Clerk or Secretary.

VII. And be it enacted, that the several persons, Bodies Politic or Corporate, who shall subscribe for and towards the said Capital, or shall at any time hereafter have or hold any share or shares in the same, shall and they are hereby required to pay the sum or sums of money by them respectively subscribed, or such part or portions thereof as shall from time to time be called for, pursuant to or by virtue of the provisions of this Act, at such times and places to such person or persons, and in such manner as shall be ordered and directed by the Directors for the time being of the said Company, or such of them as shall be present and constitute a Board of Directors, or the majority of them, and in case any person or persons, Bodies Politic or Corporate, shall neglect or refuse to pay any such sums of money at such times and in such manner as shall be so ordered and directed as aforesaid, it shall be lawful for the said Company to sue for and recover the same, together with lawful interest from such appointed time of payment, from such person or persons, Bodies Politic or Corporate, or in cases where two or more persons, Bodies Politic or Corporate, shall have jointly subscribed for or be jointly possessed of any one or more share or shares in the said Company, then from all, any or either of such persons Bodies Politic or Corporate.

VIII. And be it enacted, that whenever two or more persons, Bodies Politic or Corporate, shall be jointly possessed of or entitled to any share or shares in the said Company, the person whose name shall stand first in the book of the said Company as proprietor thereof, shall, for all the purposes of the said Company and of this Act, be deemed and taken to be the owner and proprietor of such share or shares, and all notices required to be given to the owner or proprietor of any share or shares, in the said Company, shall and may be given to or served upon such person or body, whose name shall so stand first in the books of the said Company, and such service upon such person or body shall be deemed and taken to be a service upon all the owners or proprietors of such share or shares, for all the purposes for which such service is intended to be made upon the owners or proprietors of such share or shares, and all such owners or proprietors shall be

entitled

entitled to give their vote or votes in respect thereof, by the person or body whose name shall stand first in the books of the Company, as such proprietor of such share or shares, and his vote shall on all occasions be deemed and allowed to be the vote in respect of the whole property in such share or shares, without proof of the concurrence of the other proprietor or proprietors of such share or shares.

IX. And be it enacted, that it shall be lawful for the several proprietors of the said Company, their executors, administrators, successors and assigns, to sell and transfer any of their share or shares, and every transfer thereof may be in the form and to the effect given in the Appendix to this Act, or in any other convenient form to be devised by the said Company, and every such transfer shall not only be under the hand or hands of the member or members transferring such share or shares, but of the person or persons, Bodies Politic or Corporate to whom the same shall be transferred, or some person by such transferor or transferors and transferee or transferees lawfully authorized, and which said transfer shall be made and entered in a book to be kept by the said Company for that purpose, for which a fee shall be paid to and for the use of the Company, not exceeding ten shillings for each share transferred, to be from time to time fixed by the Directors or a majority of them, and that such transfer shall effectually transfer the whole estate and interest in such share or shares of the person or persons so making or authorizing the same to the person or persons, Bodies Politic or Corporate so taking or acepting such transfer; which person or persons, Bodies Politic or Corporate, shall thenceforth become in all respects members of the said Company in respect of such share or shares in the place of such person or persons so transferring the same or authorizing the same to be transferred, and that until such transfer shall be made and entered in such book in manner aforesaid, no person or persons claiming an interest in any such share or shares, by purchase or otherwise, shall be deemed the proprietor or proprietors thereof, or shall be entitled to any dividend or beneficial interest in the said Capital Stock in respect thereof, nor until six calendar months after such transfer shall have been made, be entitled to vote at any meeting or meetings in respect of such share or shares, and a copy of such transfer, extracted from the said book and signed by the Clerk, Secretary or other Officer of the said Company, duly authorized thereto, shall be sufficient evidence of every such transfer, and be admitted and received as such in all Courts of Law.

Certain pow

ers vested in the Board of

X. And be it enacted, that the Directors hereinafter mentioned, or the Directors for the time being, or such of them as shall be present at and constitute a Board of Directors, or the majority of them, shall have full power to make such Directors. call or calls for money from the several subscribers and proprietors for the time