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tenth section of the said last mentioned Act shall extend or apply to the said Petition.

V. And be it enacted, That the term "Townreeves" in the said last mentioned Act, in this Act, and in all other Acts passed or to be passed wherein it refers or shall refer to the Municipal Council of any County or Union of Counties, or to those who compose the same, shall include and be construed to include the Deputy-Townreeves for the different localities of such County or Union of Counties, as well as the Townreeves for the same.

Word Town reeves interpreted.

Proviso as to

Registry offices in case of dissolution of Unions.

VI. And be it enacted, That on the dissolution of the Union between any County and any other County or Union of Counties in the manner provided for by the said last mentioned Act, a Registrar shall be appointed for the County so separated, and a Registry Office for the registry of deeds shall be kept in and for the same at the County Town thereof, in the same manner and under the same provisions as in other Counties in Upper-Canada: Provided always, nevertheless, that unless where such separate Registry Office is already established in any such County, Proviso. there shall be but one Registrar and one Registry Office for each Union of Counties in Upper-Canada, so long as they shall continue united as aforesaid.

VII. And be it enacted, That this Act shall come into and be in oper- Commence. ation upon, from and after the first day of January, one thousand eight hundred and fifty.

VIII. And be it enacted, That this Act may be amended, altered or Act may be repealed by any Act to be passed in this present Session of Parliament.

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An Act to divide the District of Huron, in the Province of Canada, and for other purposes therein mentioned.

[30th May, 1849.]

amended.

WHEREAS from the great extent of that distance of Huron as at Preamble.

present constituted, and the consequent distance of some parts of

it from the District Town, the inhabitants of those parts suffer great inconvenience; And whereas also, from the vastly increasing population and agricultural advancement thereof, it is expedient that the said District should be divided, and certain portions of the same should be set off and erected into new and separate Counties, to remain united to that of Huron until they shall be disunited under the provisions of the Act passed in the present Session, and intituled, An Act for abolishing the Territorial Division of Upper Canada into Districts, and for providing County Substitufor Temporary Unions of Counties for Judicial and other purposes, and for tion Act of this the future dissolutions of such Unions as the increase of wealth and popula- cited. tion may require: 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

Session (c. 78)

County of Hu

ron divided into

three Counties.

Perth.

Bruce.

Huron.

To what

County a certain
Peninsular
Tract and cer-
tain Islands
shall belong.

County of Perth to be considered

as if a proclama

tion had issued

under section 10

of the said Act, c. 78.

County Town

appointed &c.

A Registry Office to be kept in the

enacted by the authority of the same, That for all the purposes of the Act cited in the Preamble to this Act, the County of Huron shall be divided into three Counties, to be called respectively, the County of Huron, the County of Perth, and the County of Bruce: and the County of Perth shall include and consist of the Townships of Blanchard, Hibbert, Fullarton, Logan, Downie, (including the Gore of Downie,) Ellice, Easthope North, Easthope South, (including the Town of Stratford,) Elma and Wallace, in the now County of Huron, and Mornington in the now County of Waterloo; the County of Bruce shall include and consist of the Townships of Huron, Kinloss, Culross, Carrick, Kincardine, Greenock, Brant, Bruce, Saugeen, Elderslie and Arran; and the County of Huron shall include and consist of all the remainder of the now County of Huron (including the Town of Goderich,) but the said three Counties of Huron, Perth and Bruce shall remain united and form a Union of Counties for all the purposes of the Act last aforesaid, until such Union be dissolved in the manner provided in the said Act.

II. And be it enacted, That all that Peninsular Tract of Land lying to the northward of the Townships of Derby, Arran and Saugeen, and between Lake Huron and the Georgian Bay, and known as the Indian Reserve, together with every Island in Lake Huron or the Georgian Bay, any portion of which lie within ten miles of the shore of the said Peninsular Tract of Land, (unless such Island shall lie further south than the northern boundary line of the said Townships of Derby, Arran and Saugeen,) shall be annexed to and form part of the County of Waterloo : and that every such Island in Lake Huron as shall lie further south than the said boundary line, shall form part of such of the said Counties of Huron or Bruce respectively as such Island shall lie most adjacent to.

III. And whereas the population of the said County of Perth exceeds twelve thousand, and from its geographical position it is expedient that provision be made for its separation from the said Union without waiting till its population shall be such as is required by the tenth section of the said Act recited in the Preamble to this Act: Be it therefore enacted, That the said County of Perth shall, for all the purposes of the Act last aforesaid, be considered and dealt with as if a Proclamation had issued under the tenth section of the said Act, naming the Town of Stratford as the County Town thereof, and erecting the Townreeves of the said County then elected or thereafter to be elected for the same, into a Provisional Municipal Council for the said County, and declaring such Municipal Council a Provisional Municipal Council for the same under the said Act, until the dissolution of the Union of the said County with the Counties of Huron and Bruce; and the said Townreeves shall accordingly be a Provisional Municipal Council for the said County of Perth, and shall have and exercise all the powers by the said Act vested in any such Provisional Municipal Council.

IV. And be it enacted, That when the Union of the said County of Perth and the Counties of Huron and Bruce shall be dissolved in the County of Perth. manner provided by the Act aforesaid, a Registrar shall be appointed for the said County of Perth, and a Registry Office for the Registration of Deeds shall be kept in and for the same at the County Town thereof, in the same manner and under the same provisions as in other Counties in Upper Canada.

Commencement of this Act

V. And be it enacted, That this Act shall have force and effect upon, from and after the first day of January, in the year of Our Lord, one thousand eight hundred and fifty, and not before.

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An Act to authorize the formation of Joint Stock Companies for the construction of Roads and other Works in Upper Canada.

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[30th May, 1849.]

Preamble.

Companies may construction of Plank and other Slides and other works.

be formed for the

Roads, Bridges,

Proviso as to

hewed or split Plank, Macadamized or Gravelled Roads, and also Bridges, Piers, Wharves, Slides and Dams connected therewith, in Upper Canada, by Companies who may be disposed to subscribe the necessary capital for the completion thereof; And whereas the delay and expense incident to obtaining a special Act of Incorporation from the Legislature for each separate Company, operate as a great discouragement to persons desirous of embarking capital for the formation of such Companies: 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 any number of persons not less than five, respectively, may in Upper Canada, in their discretion form themselves into a Company or Companies under the provisions of this Act, for the purpose of constructing in and along any public Road or Highway, allowance for Road or otherwise, any Road or Roads of the kind mentioned in the Preamble to this Act, not less than two miles in length, and also any Bridge or Bridges, Pier or Piers, Wharf or Wharves, Slide or Slides, and Dam or Dams connected therewith in Upper Canada: Provided always, that no such Company taking property. shall construct any such road or other such works aforesaid, through, over, along or upon any private property or property of the Crown, without having first obtained the permission of the owner or owners, occupier or occupiers thereof, or of the Crown, so to do, except as hereinafter provided; nor shall any such road be made of a higher grade than one foot elevation to twenty feet along the road, without the sanction of the Chief Engineer superintending Public Works in the neighbourhood thereof; And provided also, that no such Company shall be formed under the provisions of this Act to construct any line of road for which a Charter shall have heretofore been granted, provided such Chartered Company shall have its stock subscribed and be in a course of completing the work for which such Charter shall have been granted, within one year from the passing of this Act, nor shall any private property be taken for any other such work as aforesaid without the consent of the owner, if such owner shall himself commence such work within one year and shall complete the same within two years from the time he shall be notified that a Company has been formed for constructing the same, nor shall any property of the Crown be so taken without the Proviso as to approval of the Governor in Council; And provided also, that no such road shall be constructed or pass within the limits of any City or the liberties thereof, or within the limits of any Incorporated Town or Village, except by special permission under a By-law of such City,

Grade of Road.

Proviso as to

Lines for which other Companies tered.

have been char

Towns, &c.

Proviso as to

Road.

Town or Village, to be passed for that purpose; Provided also, that all Bridges on any bridges in the line of road between the termini of any such road, shall be deemed part of such road to all intents and purposes whatever, unless specially excepted in the Instrument of Association of such Company.

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II. Provided always, and be it enacted, That, if twelve freeholders resident within half a mile of any line of road proposed to be made, planked, gravelled or macadamized by any Company to be formed under the provisions of this Act, shall give notice in writing to the President, Chairman or other presiding Officer of any Company, or meeting convened to form any such Company, that they intend to oppose the formation or improvement of any such projected line of road, no further action shall be had towards the prosecution of such work until after the then next sitting of the Municipal Council having jurisdiction throughout the line of such intended road, provided such notice shall have been given before any such work shall have been commenced; Provided always, that when any new road shall have been or be opened, or the line of any old road changed, it shall be lawful for the Municipality having such jurisdiction as aforesaid to pass a By-law directing and permitting the old road or part of a road to be closed up, and embraced within the enclosure of the person or persons from whom ground shall have been taken to form such new road, provided it shall not exclude any person residing on or near the old road from a convenient access to the new road.

III. And be it enacted, That if the Municipal Council of such locality as aforesaid shall, upon such opposition made, pass any By-law prohibiting, varying or altering any such intended line of road, such By-law shall have the same force and effect, and be as binding, effectual and obligatory upon all persons whomsoever and upon any such Company as if the provisions thereof had been inserted in the body of this Act.

IV. And be it enacted, That when any number of persons, not less than five, shall have subscribed a sufficient quantity of stock to amount to a sum adequate in their judgment to the construction of any such road or other work, and shall have executed an Instrument according to the form in the Schedule to this Act contained, and shall have paid to the Treasurer of such intended Company six per cent. upon the capital stock intended by such Company to be raised for the construction of the road or other work contemplated by such Company to be formed as aforesaid, and shall have registered such Instrument, together with a receipt from the Treasurer of such Company for such first Instalment of six per cent, as aforesaid, with the Register of any County through or along the boundary of which such road shall be intended to pass, or where such other work shall be situate, such Company shall thenceforth 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 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 purposes of such Corporation.

Powers of Company to explore the

country and to take lands and

materials.

Drainage.

V. And be it enacted, That any such Company, or any other Company heretofore chartered by Act of the Legislature for a like purpose, shall have full power and authority to explore the ground or the country lying between the termini of any road, or supposed to be adapted for the site of any other such work as aforesaid intended to be constructed by any such Company, and to designate and establish, take, appropriate, have and hold to and for the use of them and their successors, the requisite lands upon the line and within the limits of any such road or for any such other work as aforesaid, according to the provisions hereinafter contained for acquiring the same; and to dig, take and carry away stone, gravel, sand, earth and other like materials from any adjoining or neighbouring lands, and also to cut, make and keep in repair upon such adjoining or neighbouring lands, such ditches, drains and water-courses as may be necessary for effectually draining and carrying off the water from any such road or other work; and whenever any such road passes Cutting. through or by any wood or standing timber, to cut down the trees and under-wood for one hundred feet on each side of the said road, making compensation therefor as hereinafter provided; and for the purpose aforesaid, the said Company and their agents, servants and workmen are hereby authorized and empowered to enter into and upon the lands and grounds of any person or persons, body or bodies corporate or politic. VI. And be it enacted, That the affairs, stock property and concerns Affairs of Comof every such Company which shall or may be formed under the pro- managed by five visions of this Act, shall, for the first year, be managed and conducted Directors. How by five Directors to be named in the said Instrnment so to be registered appointed. as aforesaid, and thereafter to be annually elected by the Stockholders according to the provisions of any By-law which the first named Directors or their successors shall from time to time pass for that purpose;

Entering upon

lands.

panies to be

and that upon every such election of Directors, each Stockholder shall be Votes of entitled to one vote for every share he may hold or be possessed of in Shareholders. the said Company; and any majority of such Directors shall be a quorum Quorum. for the transaction of business.

VII. And be it enacted, That if at any time after the formation of any such Company in manner aforesaid, the Directors shall be of opinion that the original capital subscribed will not be sufficient to complete the work contemplated by such Company to be executed, it shall and may be lawful for the said Directors, under a Resolution to be passed by them for that purpose, either to borrow upon the security of the said Company, by bond, or mortgage of the road and tolls to be collected thereon, a sufficient sum of money to complete the same, or to authorize the subscription upon the said original Instrument so to be registered as aforesaid, of such number of additional shares as shall be named in the said Resolution, a copy whereof under the hand of the President and seal of the Company, shall, by the said Register, be annexed to the said original Instrument, upon the same being delivered to him by the said President, at the office of the said Register, who shall thereupon permit such additional subscriptions upon a receipt from the Treasurer of six per cent upon the amount of such subscriptions respectively.

VIII. 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.

Directors may increase in the number of shares

authorize an

when necessary
or may borrow

money on
mortgage.

Shares to be of

£5 each, and how transfer

able.

IX. And be it enacted, That any such Company so to be incorporated Companies may as aforesaid, may, in any Court having jurisdiction in matters of simple sue for amount contract to the amount demanded, sue for, recover and receive of or of calls unpaid. from any Stockholder in such Company, the amount of any call or calls

G

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