Malicious destruction of
Bridge, felony.

Penalty for malicious

Corporatirn.

ted to the Common Gaol of the District, for a term not exceeding one week, at the discretion of such Justice.

VII. And be it further enacted by the authority aforesaid, That if any person shall maliciously pull down or destroy the said Bridge, or set fire to any part thereof, every person so offending, being thereof lawfully convicted, shall be deemed guilty of felony.

VIII. And be it further enacted by the authority aforesaid, That if any injuries to property of the person shall maliciously or wantonly pull down or destroy any part of the said Bridge, or of any toll-house or other work erected or made by virtue of this Act, or any part thereof, every such person shall forfeit and pay for every such offence, to the said Company, a sum not exceeding twenty pounds, nor less than five pounds, and that the same may be recovered, upon the oath of one credible witness, or upon confession of the party before any one of Her Majesty's Justices of the Peace in and for the said District; and in default of payment, the said penalty shall be levied by distress and sale of the goods and chattels of such offender, by warrant under the hand and seal of such Justice, and the overplus, if any, after deducting the charges of distress and sale, shall be returned to the owner; and in case no distress shall be found, such offender shall be committed to the Common Gaol of the District, for a time not exceeding fourteen days, at the discretion of the Justice: Provided, that nothing hereincontained shall prevent, or be construed to prevent the said Company, from commencing or maintaining any action at law against any person guilty of such offence.

Election of five Directors.

Notice.

Election by ballot.

IX. And be it further enacted by the authority aforesaid, That the stock, property, estate and effects, of the said Corporation, shall be managed and conducted by five Directors, one of whom shall be chosen President, who shall hold their offices for one year, which Directors shall be Stockholders, and inhabitants of this Province, and be elected on the last Monday in January in each and every year, at such place and at such time as the Directors for the time being may appoint; and public notice thereof shall be given in some one newspaper published in the District, at least ten days previous to the time of holding the said election; and the said election shall be held and made by such of the Stockholders of the said Company, as shall attend for that purpose in their own proper persons, or by proxy; and all such elections shall be by ballot, and the five persons who shall have the greatest number of votes shall be Directors; and if it shall happen at any such election, that two or more persons have an equal number of votes, then the said Stockholders shall again proceed by ballot, until it is determined which of the persons so having an equal number

of votes shall be Director or Directors, so as to complete the number of five; and the said Directors, so soon as may be after the said election, Choice of President. shall proceed in like manner to elect by ballot one of their number to be President; and if any Director shall absent himself from the Province, and cease to be an inhabitant thereof for the space of six months, his office shall be considered vacant, and if any vacancy shall happen among Vacancies in Direction. the Directors, by death, resignation, or removal from the Province, such vacancy shall be filled for the remainder of the year in which it may happen, by a person nominated by a majority of the remaining Directors: Provided always, that no person shall be eligible to be a Director who shall not be a Stockholder to the amount of five shares.

X. And be it further enacted by the authority aforesaid, That each scale of votes according Stockholder shall be entitled to a number of votes proportioned to the to number of shares. number of shares which he shall have held in his own name, at least one month prior to the time of voting, according to the following rates, that is to say, one vote for each share not exceeding four; five votes for six shares; six votes for eight shares; seven votes for ten shares, and one vote for every five shares above ten.

Half-yearly dividends;

XI. And be it further enacted by the authority aforesaid, That it shall be the duty of the Directors to make half-yearly dividends in the months of January and July in each year, of so much of the profits of the said Company as to a majority of them shall appear advisable; and that once in each year, at the general election of Directors, an exact and particular the Company's affairs. statement shall be rendered of the affairs of the Company, for the satisfaction of the Stockholders.

And annual statement of

Value and number of

XII. And be it further enacted by the authority aforesaid, That each share in the said Company shall be Six Pounds Five Shillings, and the shares. number of shares shall be one hundred and twenty: Provided always, that if the sum of Seven Hundred and Fifty Pounds, to be so raised, shall be found insufficient to complete the said Bridge, it shall and may be lawful for the Directors to declare the same, by a resolution passed for that purpose, which shall be published in the several Newspapers published in the District of Gore; and that in such case additional stock may be subscribed, and held under the provisions of this Act, so that the whole Additional stock may be number of shares do not exceed two hundred and forty; and all persons thus becoming Stockholders shall be entitled to all the privileges and benefits of this Act, in as full and ample a manner as if they had been original Subscribers.

T

subscribed, if necessary.

Calling in instalments.

Thirty days' notice.

Forfeiture on non-payment of instalments.

After first instalment

XIII. And be it further enacted by the authority aforesaid, That so soon as the Directors shall be elected after the passing of this Act, it shall and may be lawful for them to call in by Instalments of not more than ten per cent. on each share, the amount of the shares subscribed, which are hereby declared to be due and payable to the said Company, as above mentioned: Provided, that no Instalment shall be called for in less than thirty days after public notice shall have been given, in one or more of the Newspapers published in the District: Provided always, that if any Stockholder shall neglect or refuse to pay to the said Company the Instalment due on any share or shares held by him, at the time required by Law, such Stockholder shall forfeit such share or shares, with the amount previously paid thereon; and the share or shares shall be sold by the Directors, at public auction, after having given thirty days notice, and the proceeds thereof, together with the amount previously paid thereon, shall be accounted for, and applied in like manner as any other funds of the said Company: Provided always, that such purchaser shall pay to the said Company the amount of the Instalment due, over and above the purchase money of the share or shares so purchased by him, immediately after the sale, and before he shall be entitled to a certificate of the transfer of such share or shares so purchased.

XIV. And be it further enacted by the authority aforesaid, That after paid, shares transferable; the first Instalment on each share shall have been paid to the said Company, the shares shall become transferable on the Books of the Company; and that such share or shares shall be deemed personal property, and as such may be disposed of and distributed, and shall like other personal property be subject to execution and sale in satisfaction of debts.

And deemed private property.

First public meeting.

Diminution of established tolls.

XV. And be it further enacted by the authority aforesaid, That on the fourth Monday after the passing of this Act, a meeting of the Stockholders shall be held at such place as a majority may agree upon, who in the manner hereinbefore provided shall proceed to elect five persons to be Directors, who shall continue in office as such Directors until the last Monday in January, next after their election.

XVI. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the Directors for the time being, to diminish the rate of toll or duty on passing the said Bridge, as hereinbefore established, to such standard as to them, or a major part of them, shall seem necessary: Provided always, that no such diminution shall be construed to prevent them from again increasing the same, as they shall deem expedient, so that such increase do not exceed the rate of toll hereinbefore established by the fourth Clause of this Act.

the Bridge to become

XVII. And be it further enacted by the authority aforesaid, That the Time limited for complesaid Company, to entitle themselves to the benefits and advantages to tion of bridge, &c. them by this Act granted, shall, and they are hereby required to erect and complete the said Bridge, Toll-houses, approaches and dependencies, within two years from the passing of this Act; and if the same shall not be completed within the time specified, so as to afford a convenient and safe passage over the said Bridge, the said Company shall cease to have any right, title or claim, of, in or to the tolls hereby imposed, which shall from thence forward belong to Her Majesty; and the said Company shall not by the said tolls or otherwise be entitled to any reimbursement of the expenses they may have incurred in erecting the said Bridge; and in Consequences of allowing case the said Bridge, after it shall have been erected and completed, shall impassable. at any time become impassable or unsafe for travellers, carriages or cattle, the said Company and their successors shall, and they are hereby required, within two months from the time at which the said Bridge, by presentment of a Grand Jury at any General Quarter Sessions of the Peace in and for the Gore District, shall be declared to be impassable or unsafe, and notice thereof to the Directors by the said Court be given, to cause the same to be repaired or rebuilt, and made safe and commodious for the passage of travellers, carriages and cattle; and if within the time. last mentioned the said Bridge be not so repaired or rebuilt, as the case may require, then the said Bridge and all its dependencies shall be taken and considered to be the property of Her Majesty, and the right of the said Company and their successors, in the premises, shall be wholly and for ever determined: Provided always, that before the said default is incurred, and during the interval hereby allowed for repairing or rebuilding the Bridge, it shall be lawful for the said Company and their successors, &c. of Bridge. and they are hereby authorized and required to provide proper and convenient ferry-boats or scows, for the passage of travellers, carriages and cattle, over the said River, as near to the said Bridge as conveniently may be, and to demand, collect and receive, for the carriage of such travellers, carriages and cattle, in the said ferry-boats and scows, before they respectively shall be permitted to pass, the like tolls as are hereby authorised to be taken for passing over the said Bridge, any thing herein-contained to the contrary notwithstanding.

Ferry-boats may be

established, when ren

dered necessary by repair

CHAP.

Preamble.

CHAP. XXXIII.

AN ACT to Incorporate certain persons under the style and title of "The Windsor Road Company."

[Passed 6th March, 1838.]

WHEREAS James T. Somerville, L. Hayden, A. W. Perry, A. Macpherson, George McGill, Ezra Annis, Samuel Cockrane, Charles Farewell, A. Norton, and others, have, by petition, prayed for an Act of Incorporation to be passed to enable such of the said petitioners, and others desiring to establish a single or double Railway, or Macadamized Road, or both, from some point of Windsor Harbour, in the Township of Whitby, to the Main York Road or Dundas Street, with a Capital of Five Thousand Pounds: And whereas, it is expedient to grant the prayer of said petition: Be it therefore enacted, by the Queen's most Excellent Majesty, by and with the advice and consent of the Legislative Council and Assembly of the Province of Upper Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of Great Britain, entitled, "An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's reign, entitled, An Act for making more effectual provision for the Government of the Province of Quebec, in North America, and to make further provision for the Government of the said Province," and by the authority of the same, That Company incorporated. the said James T. Somerville, L. Hayden, A. W. Perry, A. Macpherson, George McGill, Ezra Annis, Samuel Cockrane, Charles Farewell, and A. Norton, with all such other persons as shall become Stockholders in such Joint Stock or Capital as is hereinafter mentioned, shall be and are hereby ordained, constituted and declared, to be a body corporate and politic, in fact, by and under the name and style of "The Windsor Railway or Macadamized Road Company."

Company may construct and Main York Road.

6

II. And be it further enacted by the authority aforesaid, That the said road between Windsor Company, and their agents or servants, shall have full power under this Act, to lay out, construct, make and finish, a double or single iron or wooden Rail-road or Way, or Macadamized Road, or both, at their own costs and charges, on and over any part of the country lying between the said Windsor Harbour, and the Main York Road or Dundas Street aforesaid, and to take, carry and transport thereon, passengers, goods and property, in carriages used and propelled either by the force of steam or by the power of animals, or by any mechanical or other power, or by any combination of power which the said Company may choose to employ.