and expended for the purposes of this Corporation, it shall and may be lawful for the said stockholders, at any general meeting to be for that purpose called, to increase the said capital stock from time to time in such sums as they may deem expedient, to a sum not exceeding one hundred thousand pounds, and they shall have power from time to time to increase the number of shares accordingly. 7. The said Company shall have power to levy and collect assessments upon the shares, from time to time, of such sums of money as may be deemed necessary for carrying on the business of the said Company; and whenever any assessment shall be made by the stockholders of the Company, it shall be the duty of the Treasurer to give notice thereof in a Newspaper printed and published in this Province, and also in the Royal Gazette, requiring payment of the same within thirty days; and if any stockholder shall neglect or refuse to pay to the Treasurer the amount of such assessment upon his shares at the time prescribed, it shall be the duty of the Treasurer to advertise all such delinquent shares for sale at public auction, giving at least thirty days notice of the time and place of such sale; and all shares upon which the assessment is not then paid, with interest from the time such assessment became due, shall be sold to the highest bidder, and after retaining the amount of such assessment and interest due on each share, and the expenses of advertising and selling, the residue, if any, shall be paid over to the former owner, and a new certificate or certificates of the shares so sold shall be made out and delivered to the purchaser; provided always, that no assessment shall be made except by a vote of the stockholders and a majority of all the shares. 8. Unless fifteen pounds per centum of the said capital stock shall be actually paid in for the purposes of the said Corporation, and a certificate of such payment made and verified on oath by the Directors of the said Corporation, or a majority of them, (which oath any Justice of the Peace is hereby authorized to administer,) shall be filed in the Office of the Secretary of the Province before the expiration of three years after the passing of this Act, the operation of this Act shall cease, and the existence of the said Corporation be terminated at the expiration of the said three years. Section. CAP. XVIII. An Act relating to Highways. 1. Cap. 66, Revised Statutes, repealed. 6. Roads, when deemed public highways. 7. Damages by roads to improved lands, how ascertained e. Sessions to order payment. Section. 24. Barveyors to report defaulters to Com 26. Delinquents may be held to bail. 28. Preparations for marking ways after snow. 29. How winter roads to be marked. 9. Certain roads to be reported to the Ses- 30. Destroying marks; penalty. sions. 10. Private roads, how laid out. 11. Public roads, width of. 12. Fees of jurors. &c. 13. Old roads, when not considered public. 14. Useless roads, when to be shut up. 15. Return to be made of highways laid out; 16. Illegally obstructing highways, penalty. 20. Money in lieu of labour may be received; 21. Surveyor's duty as to performance of statute labour. 22. Surveyors to make return, to whom and when. 23. Names of residents or of persons employed to be given to Commissioners; penalty. 31. Snow to be shovelled and winter roads 32. Bells to be attached to horse-sleds, &c. 34. To be performed when most practicable, 35. Commissioners to make returns with 36. 37. Balances of money and other receipts to 38. On Commissioners' neglect to render Ac- 39. Fees of Constables and other officers to 40. 41. Prosecutions for penalties to be within six months. Appeal in cases of over-assessment. 43. Not to interfere with local laws. Be it enacted by the Lieutenant Governor, Legislative Council, and Assembly, as follows: 1. Chapter 66, of the Revised Statutes, "Of Highways," is hereby repealed. 2. The Sessions are authorized, if they see fit, to divide each Parish into as many Districts as there are Commissioners, and to appoint or assign a Commissioner, with as many Surveyors to each District, as they think necessary. The Commissioners and Surveyors to enforce and superintend the performance of the Statute Labour in their respective Districts, and to make due return thereof. 3. The Commissioners shall lay ont such public highways as they consider best adapted for public accommodation. 4. When any public highway shall in the opinion of such Commissioners require alteration, they shall give the inhabitants of the Parish one month's notice of the intended alteration, by posting up such notice in at least three of the most Сон 190 63 public places in such Parish. At the time and place specified the Commissioners shall attend, and proceed to make such alterations, unless the owner of the land over which the road may pass, or one third part of the owners or occupiers of land in such Parish, object. 5. Such objection being made, a Justice, on the application of five freeholders of such Parish, shall issue his Warrant directed to any Sheriff or Constable within the County, commanding him to summon five disinterested owners or occupiers of land in the said County, who shall be s vorn to examine the said road; the said Justice shall also subpoena such witnesses as either party may require. Any person served with such subpoena neglecting to obey the same, shall incur a penalty not exceeding five pounds, to be paid to the Commissioners for the use of the roads; the expenses of such witnesses shall be estimated by the jurors, and paid as they may direct. If the jury determine that the alteration shall be ma de, the Commissioners shall proceed to make the same accordingly, but in no case shall any road be taken possession of, or be deemed dedicated to the public, until the damages (if any) assessed be paid. Should the road so laid out or altered as aforesaid extend upon any improved land, or occasion the removal of any buildings or fences, the damages in such case shall be assessed by the said jury at the time aforesaid. If in any such alteration a new road be opened, and the old road or any part of it be shut up and revert to the owner of the land on which said new road may pass, the jury shall take into consideration the value of such old road, or any part thereof so shut up, in diminution of damages. Where roads are laid out, altered, or extended under any law relating to highways, and the damages (if any) paid as aforesaid, the Commissioners or Surveyors may enter upon and open such roads, and remove therefrom any obstructions. 6. All roads not recorded, upon which public money has been expended, are hereby declared public roads or highways. 7. The damage to the owner arising from any public road to be laid out through his improved land, or from the removal of any obstructions, shall, on his application, be ascertained by a jury summoned as directed by the fifth Section of this Act. The Justice issuing the Warrant shall preside at the Inquest. 8. The Commissioners shall lay the assessment of damages by the jury before the Sessions, who shall order payment therefor such proportions by such Parishes as they may deem just, and issue their Warrant therefor, to be assessed and collected as County rates, and paid to the person entitled thereto. 9. Any such road intended for the convenience of a particular district, whether wholly in one Parish or between two more Parishes, shall be reported by the Commissioners to the Sessions, specifying the bounds and limits thereof, and the names of the persons residing therein. If the Sessions adopt the report they shall appoint two or more Assessors within such district, who shall assess the damages sustained in laying out such road, upon such residents, to be levied and collected as County rates. 10. The Commissioners, upon application for a private road, shall view the same, and upon the written consent of the owner of the land, may lay out the road; if the owner object, a jury shall be summoned as directed by the fifth Section of this Act, at the instance of the Commissioners or parties interested, which jury shall determine as to the necessity of the road; and if necessary, and the parties disagree as to value and damages, they shall proceed to assess the same, and when assessed, the amount shall be paid to the owner of the land through which the road passes. The expense of laying out such road shall be paid by the applicant, and no such road shall be laid out more than two rods wide against the consent of the owner. 11. Public roads shall not be more than six nor less than four rods wide, at the discretion of the Commissioner. 12. Each juror summoned as aforesaid shall be entitled to two shillings and six, pence, and the officer summoning, ten shillings; the whole sum necessary to meet such expenses shall be paid to the Commissioners by the applicant previous to the issuing the Warrant. The Commissioner shall pay the officer and the jurors their fees on the return of the verdict in all cases connected with a public road; if the jury return an affirmative verdict, such expenses shall be included in the assessments provided in the eiguth and ninth Sections of this Act, collected as therein directed, and paid to the person advancing the same. 13. On any alteration being made in any road pursuant to this Act, and the parts between the points of such alteration shall not be settled by the erection of dwelling houses thereon, or when the same shall not cut off any proprietor from the road so altered, the Commissioners shall direct that the said points between such alteration shall be stopped up and enclosed by the proprietor of the land between such points, after which the old road shall not be considered public. The Commissioner shall not so direct until he considers the new part equally as good and passable as the old road. 14. If the Commissioners think that any road is not required for the convenience of the inhabitants of the Parish through which the same passes, or the inhabitants of the adjacent Parish, they may, by the consent of the owner or owners of the land through which it passes, shut up the same. 15. The Commissioners for each Parish shall designate in writing, the width, marks, bounds, and lines of such roads as are laid out, altered, or shut up, and within three months thereafter make return thereof to the Clerk of the Peace, who shall enter the same in a book to be kept for that purpose. Any Commissioner or Clerk of the Peace neglecting the duty required of him shall pay for each neglect three pounds. 16. Whoever shall alter, encroach on, or obstruct any public road, shall for each offence forfeit forty shillings; and if the offender do not remove such encroachment or obstruction within three days thereafter, he shall again forfeit a like sum of forty shillings, and so on in like manner until such obstruction be removed; should the offender not be known, the Commissioner or Surveyor, if the incumbrance be saleable, shall, unless sooner claimed, after three days public notice, sell the same, and apply the proceeds to repairing such road; if not saleable, they shall cause the same to be removed, and the person employed by them shall be allowed therefor, according to the time he is employed, a deduction of his statute labour. 17. All roads, streets, and bridges in each County, shall be cleared, maintained, and repaired by the male inhabitants thereof, being eighteen years of age and upwards, (except Ministers of the Gospel and licenced Schoolmasters employed as such, not having property liable to assessment; and emigrants from Great Britain and Ireland arriving within the year the assessment is made,) who shall work either in person or by sufficient substitutes in such year, with such implements as the |