the discharge of any debts due by the Company; and any one Justice of the Peace for the District in which such part of the said road is situate, How enforced. shall, on conviction of such offender, fine such offender in the said penalty, and shall cause the same to be levied as aforesaid. XXV. And be it enacted, That if any person or persons occupying or Penalty on possessing any enclosed lands near any toll-house or toll-gates, which others to evade persons assisting shall be erected in pursuance of this Act, shall knowingly permit or tolls. suffer any person or persons to pass through such lands, or through any gate, passage or way thereon, with any carriage, horse, mare, gelding or other animal liable to the payment of toll, whereby such payment shall be avoided, every person or persons so offending, and also the person riding or driving the animal or animals or carriage whereon such payment is avoided, being thereof convicted, before any one Justice as aforesaid, shall for every such offence, severally incur a penalty not exceeding twenty shillings, which shall be laid out in improving such road. may acquire panics formed under this Act. stock in Com Who shall vote, XXVI. And be it enacted, That it shall be lawful for any Municipal Municipalities Body Corporate, having jurisdiction within the locality through or along the boundary of which any such road shall pass, or in which any such work as aforesaid is to be constructed, to subscribe for, acquire, accept and hold, and to depart with and transfer Stock in any Company to be formed under the authority of this Act, or by any Company heretofore chartered by Act of the Legislature for a like purpose, and from time to time to direct the Mayor, Warden or other Chief Officer thereof, on behalf of such Municipality, to subscribe for such Stock in the name of such Municipality, and to act for and on behalf of such Municipality in all matters relative to such Stock and the exercise of the rights of such Municipality as a Stockholder, and the Mayor, Warden or other Chief Officer shall, whether otherwise qualified or not, be deemed a Stock- &c., on such holder in the Company, and may vote and act as such, subject always to such rules and orders in relation to his authority as shall be made in that behalf by such Municipality by their By-laws or otherwise, but acting according to his discretion in cases not provided for by such Municipality; and it shall be lawful for such Municipality to pay for, or to pay all instalments upon the Stock they shall subscribe for and acquire, out of any moneys belonging to such Municipality and not specially appropriated to any other purpose, and to apply the moneys arising from the dividends or profits on the said Stock or from the sale thereof, to any purpose to which unappropriated moneys belonging to such Municipality may lawfully be applied. stock. As to payment scription, &c. of such sub Municipal bodies may lend money to such Companies. XXVII. And be it enacted, That it shall also be lawful for the Municipality of any locality through or along the boundary of which any such road shall pass, or within which any such work as aforesaid shall be constructed, to loan money to the Company authorized to make such road or construct such work, or to any Company heretofore chartered by Act of the Legislature for a like purpose, and out of any moneys belonging to the Municipality and not appropriated to any other purpose, and to effect such loan upon such terms and conditions as may be agreed upon between such Company and the Municipality making such loan, Recovery and to recover the money so loaned, and to appropriate the money so recovered to the purposes of such Municipality. XXVIII. And be it enacted, That after twenty-one years from the time of completing any such road or other work as aforesaid, it shall and may be lawful for any Municipal authority representing the interests of the locality through or along the boundary of which any such road shall pass, or in which the work shall be situate, to purchase the stock of such Company at the current value thereof at the time of purchase, thereof. Twenty-one roads, &c., are Value how ascertained. What it shall be necessary to aver in actions for for. (to be ascertained by Arbitrators to be appointed and to act in the manner hereinbefore provided in other cases, if the Company and the Municipality cannot agree upon such value,) and to hold the same for the use and benefit of the said locality, and such Municipal authority shall thenceforth stand in the place and stead of the said Company, and shall possess all such powers and authority as the said Company shall have theretofore possessed and exercised. XXIX. And be it enacted, That in any action or suit to be brought by any such Company against any Stockholder, to recover any money due sums subscribed for any call, it shall not be necessary to set forth the special matter, but it shall be sufficient for the Company to aver that the Defendant is the holder of one share or more (stating the number of shares) in the stock of the Company, and that he is indebted to the Company in the sum of money to which the calls in arrear shall amount in respect of one call or more upon one share or more (stating the number and amount of each of such calls) whereby an action hath accrued to the Company by virtue of this Act. What it shall be necessary to prove in such actions. Stockholders may be witness es, Limitation of suits for things done under this Act. Exemptions from toll. What rate of toll may be demanded on roads intersected by roads made under this Act. XXX. And be it enacted, That on the trial or hearing of any such action, it shall be sufficient for the Company to prove that the Defendant at the time of making such call was a holder of one share or more in the undertaking (and when there has been no transfer of the shares, then the proof of subscription to the original agreement to take stock shall be sufficient evidence of holding stock to the amount subscribed,) and that such call was in fact made, and such notice thereof given as is required, and it shall not be necessary for the Company to prove the appointment of the Directors who made such call or any other matter whatever, and thereupon the Company shall be entitled to recover what shall be due upon such call, with interest thereon, unless it shall apper that due notice of such call was not given. XXXI. And be it enacted, That in any action or suit brought by or against any such Company upon any contract or for any matter or thing whatsoever, any Stockholder or any Officer or Servant of the Company shall be competent as a witness, and his testimony shall not be deemed inadmissible on the ground of interest or of his being such Servant or Officer. XXXII. And be it enacted, That if any action or suit shall be brought against any person or persons for any matter or thing done in pursuance of this Act, such action or suit shall be brought within six calendar months next after the fact committed, and not afterwards, and the defendant or defendants in such action or suit may plead the general issue only, and give this Act and the special matter in evidence on the trial. XXXIII. And be it enacted, That all persons, horses or carriages going to or attending or returning from any funeral, or any person with horse or carriage going to or returning from Divine Service on the Lord's Day, shall pass the gates on any road made or improved under the authority of this Act, free of toll. XXXIV. And be it enacted, That whenever any road to be constructed under the authority of this Act, or a road already constructed under the authority of any Act of the Legislature of the Province, shall intersect a road constructed by another Chartered Company, no higher rate of toll shall be demanded from the persons travelling along the said last mentioned road, for the distance travelled between such intersection and either of its termini than the rate per mile charged by the said Company for travelling along the entire length of their road so intersected. Companies to roads in sufficient repair. XXXV. And be it enacted, That after any road, bridge or other such work as aforesaid, constructed by any Company under the authority of this Act, shall have been completed, and tolls been taken thereon, it shall be the duty of the said Company to keep the same in good and sufficient repair, and in case any such road, bridge or work shall, by any such Company, be allowed to fall into decay and get out of repair, such Company may be indicted at any Court of General Sessions of the Peace Indictment for or other Court of Superior Jurisdiction within or along the boundary of default. any District where such road, bridge or work shall be so out of repair as aforesaid, and upon being convicted, the Court before whom such prosecution shall be had, shall direct such Company to make the necessary repairs, for the want whereof such prosecution shall have been commenced, within such time as to such Court shall seem reasonable, and that in default thereof, such Company shall be declared to be dissolved, Dissolution for and such road, bridge or work shall thenceforth be vested in Her Majesty, default to repair Her Heirs and Successors, to and for the use of the public, in like manner as any public and common highway or public work, and shall thenceforth be subject to all the laws affecting public highways and public works, and the powers of such Corporation shall thenceforth vest in the Municipality having jurisdiction as aforesaid, which shall thereupon take on itself the order and management of the said road as the said Company had theretofore done. XXXVI. And be it enacted, That notwithstanding the privileges that may be conferred by this Act, the Legislature may at any time hereafter in their discretion make such additions to this Act, or such alterations of any of its provisions as they may think proper, for affording just protection to the public or to any person or persons, body corporate or politic, in respect to their estate, property or right or interest therein, or any advantage, privilege or convenience connected therewith, or in respect to any way or right of way, public or private, that may be affected by any of the powers, given to any such Corporation. Reservation of the right of the Legislature to amend or alter this Act. County of in the Province of Canada, and resolved to form ourselves into a Company, divided into Schedule. Resolutions 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 inserted) to be the first Directors of the said Company. NAME. No. oF SHARES. AMOUNT. MUNICIPAL ACTS, &c., REPEALED. Preamble. "The Acts and parts of Acts mentioned in the Schedule repealed with Acts continuing them or continued by them. Proviso Acts not to be revived or repealed, &c., by the passing of this Act, by implication. Proviso as to proceedings relative to offences and other matters Occurring before this Act shall be in force, under the Acts repealed. An Act to repeal the Acts in force in Upper-Canada, relative to the Establishment of Local and Municipal Authorities, and other matters of a like nature. [30th May, 1849.] WHEREAS it is expedient to repeal the several Acts in force in Upper-Canada, relating to the Incorporation of the Inhabitants of the several Districts of that part of this Province, and of certain other localities therein, the Election and duties of Township Officers, and other matters of a like nature, to the end that better provision may be made for such purposes: Be it therefore enacted, &c., That the several Acts of the Parliament of the late Province of Upper-Canada, and those of the Parliament of this Province set forth in the Schedule to this Act annexed marked A, and containing a description of the Acts and parts of Acts repealed by this Act, so far as the same shall be in force at the commencement of this Act, and all Acts continuing or making permanent any of the said Acts, of continued or made permanent by any of them, shall be, and the same are hereby repealed: Provided always, nevertheless, Firstly: That no Act or part of an Act repealed by any of the Acts hereby repealed, shall be revived by the passing of this Act, and no Act, or part of an Act, perpetuated or continued by any of the Acts hereby repealed, (except such as are herein expressly repealed), shall be repealed by the passing of this Act; And provided always, Secondly: That notwithstanding the repeal of the Acts and parts of Acts hereby repealed, all acts which might have been done, and all proceedings which might have been taken or prosecuted relating to any offences or neglects which may have been committed, or to any matters which shall have happened, or to any moneys which shall have become due, or to any fines or penalties which shall have been incurred before the day on which this Act shall come into operation, shall and may still be done or prosecuted, and the offences and omissions may be dealt with and punished, and the moneys may be recovered and dealt with, and the fines and penalties may be imposed and applied as if the Acts, and parts of Acts, hereby repealed, continued in force, except only so Exception, far as the new Municipal Corporations to be created by and under the provisions of the Act of the present Session of Parliament to provide for the Incorporation of Townships, Counties, Villages, Towns and Cities in Upper-Canada, shall or may be substituted for the old ones. All Acts and parts of Acts relating to certain those saved in Schedule B subjects-except II. And in order that no doubt shall remain whether any or what part Recital. of any former Acts relating to the Incorporation of the Inhabitants of the several Districts of that part of this Province, and of the other localities therein, or the Election and duties of Township Officers, continue in force: Be it enacted, That all Acts and parts of Acts relating to the same, shall be, and the same are hereby repealed, so far as such Acts or parts of Acts shall be in force at the commencement of this Act, save and except such Acts or parts of Acts as are mentioned in the Schedule to this Act annexed, marked B, and save and except all other Acts made expressly for other purposes, although they incidentally touch on matters relating to such subjects, or although the provisions thereof are to be carried into effect by Officers elected or appointed under such Acts or parts of Acts, nevertheless, such matters and provisions last mentioned, so far as they are repugnant to, or inconsistent with the Act or Acts relating to such matters in force at the time, shall be, in all respects, controlled by such last mentioned Act or Acts, unless the contrary shall have been expressed in such last mentioned Act or Acts. repealed. Further excep tion. ments saved. III. And whereas certain Acts mentioned and set forth in the Recital. Schedules hereto annexed, to be hereby repealed either in the whole or in part, contain certain special provisions respecting assessments upon property in the Cities, Towns and Villages to which they respectively refer; and whereas such Acts or parts of Acts are not in the said Schedules excepted out of the repeal hereby intended under the expectation that a general Act will be passed during the present Session of Parliament for establishing a more just general system of assessment in Upper-Canada than that now in force therein, and it is therefore expedient to provide that in case such Act should not be so passed, the said Provisions relaprovisions shall remain in force: Be it therefore enacted, That until tive to assess. such Act for a more just general system of assessment in Upper-Canada shall be passed, or other Legislative provision be made in that behalf, so much of the several Acts mentioned in the Schedules to this Act annexed as established provide for, or regulate the assessment or mode of assessment, or the property to be assessed in any of such Cities or the liberties thereof, or in any of such Towns or Villages, or any matter relating to the same, shall continue in force as if such Acts or parts of Acts had in the said Schedules been specially excepted from repeal; and all such Acts and parts of Acts shall extend and apply to every such City and the liberties thereof, and to every such Town and Village respectively, according to the extended or altered limits thereof as established by an Act of the present Session of Parliament, intituled, An Act to provide by one general Law for the erection of Municipal Corporations, and the establishment of regulations of Police in and for the several Counties, Cities, Towns, Townships and Villages in Upper-Canada. IV. And be it enacted, That this Act shall commence and have force Commencement and effect upon, from and after the first day of January, in the year of of this Act. our Lord, one thousand eight hundred and fifty, and not before. Act may be amended, &c., V. And be it enacted, That this Act may be amended, altered, or repealed by any Act to be passed in this present Session of Parliament. this Session. |