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Full text of "Acts of the Parliament of the Dominion of Canada passed in the forty-fourth year of the reign of Her Majesty Queen Victoria, and in the third session of the fourth Parliament [microform] : begun and holden at Ottawa, on the ninth day of December, 1880, and closed by prorogation on the twenty-first day of March, 1881, His Excellency the Right Honorable Sir John Douglas Sutherland Campbell, commonly called the Marquis of Lorne, Governor General"

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D 



Btt^ufi 






ACTS 



or THK 



PARLIAMENT 



OF TUB 



DOMINION OF CANADA 



PASSED IN TUB 



FORTY-FOUKTU YEAR OK TllK liKKiN OK IIKE MAJESTY 

QUEEN VICTORIA, 



AND IN THK 



THIRD SESSION OF THK FOURTH PARLIAMENT, 

B(^un and holden at Ottawa, on the ninth day of December, 1880, and 
closed by Prorogation on the twenty-first day oj March, 188l' 




HIS KXCELLENCY 



RIGHT HONORABLE SIR JOflN DOUGLAS SUTHERLAND CAMPBEll, 

{Cnmmonly called THE MARQriS OP LORNE,) 
GOyBRNOR GENERAL. 



VOL. II. 
LOCAL AND PRIVATE ACTS 



OTTAWA: 

PRINTED BY BROWN CHAMBERLIN. 
LAW PRINTER TC THB QUEEN'S iiOST EXCELLENT MAJESTY, 

AiraO DOHINI, 1881. 



4' 




44 VICTORIA. 



4 



i 



CHAP. 34. 

An Act to inoorporato '-The Montreal Board of Trade 

iiiid Exchange," 

[Assenled to 21st March, 1881.] 

WHEREAS Fvederick William Henshaw, the rnvsideut Preamble 
,r , ?^ li''' Montn'al Board of Trade, and Robert E.daile, 
the late President of the Montreal Corn Exchange Asso- 
ciation, and Ale^nder Mitchell, now the Presid.-nt ot the 
Montreal Corn Ex.hange Association, have, by their peti- 
tion represented that the Corporation known as the Mon- 
ti-eai board ot Trade and the Corporation known as the 
Montreal Corn Exchanoe Association are desirous ot uniting 
under one Corporation ; and whereas it is expedient to orant 
their prayer : Therefore Her Majesty, by and with the 
advue and consent of the Senate and House of Commons of 
Canada, enacts as follows : — 



I. Ihe said corporation known as the Mor 1 Board of 
Irade and th.' said corporation known as the M ^eal Corn 
Exchange Association shall be and they are heiv.,y const i- 
^^ rJ: ^"iiy I'^^i^i^ '^nd corporate, by and under the name 
at ■' The Montreal Board of Trade and Exchan"-e.'- 

3. The said Corporation shall have the same rio-hts 
powers, and privileges as are now held by and vested in the 
«aid Montreal Board of Trade and Montreal Corn Exchan.re 
Association ; which said rights, powers and privileges are 
hereby preserved to and vested in the said Corporation 
hereby created. 



Incorpora- 
lioa. 



Corporate 

name. 



Corporation 
to hare tlie 
rights, *o., 
now held by 
the two cor- 
porations a- 
malj^amated. 



fK P /'f '"^"^'y^"*^ ^"^'"'^'^ ^^ *^^ ^^^^'d -^i' Trad,', and Piratmem- 
the President and Committee of Management oi the Corn bers of Z 
lixchange Association shall be the Council of the Corpora- '°""'"- 
tion hereby created until a new Council shall be elected in 
their place ; and the Council hert>by appointed shall, until 
^"^ "-H such 



from the 
pasBing of 
this Act. 



4 Chap. 34. Mnnfreaf Boar,! of Trade and E, change. 44 ViCT. 

sti.-h ('h'ctioii, havo all t ho powers noc»>88nry to do all matt.'rs 

an. things n-qui^iU. for the full organization and workinir 

First gcmTRi ot the present Corporation. Within one month after the 

"erd'wi^hl'n'"' P"^'^";^" "^'i^'^^'^t' '^ Sreneral meeting of the said Montreal 

one month Board ot Trade and the said Montreal Corn Exehanire 

Association shall he called and held for the purj.ose of takin- 

into consideration and pas.sing hy-laws to b.. .submitted al 

such meeting ; Ibr the election of officers in accordance with 

^«! ^•^':. Tl\ '^"'* '""'■ *^'' transaction of the business and 
attains ..t the ( orporatiou generally ; and such meeting may 
be adjourned li deemed necessary. 

I. The said Corporation shall have power to make by-laws 
tor Its government, and to alter, change, annul, amend or 
repeal such by-laws from time to time as occasion may 
require, in thi; manner provided bv such by-laws ; and the 
sai<l C orporation shall likewise have power to repeal the 
by-law,s or any part or portion of the by-laws of the Montreal 
lioard ol Trade and of the Montreal Corn Exchange Associa- 
tion, now m existence, when and so soon as the same may 
become necessary. ' 

5 The affairs, business and concerns of the Corporation 
shall be managed by a President, Vic-President, Treasurer 
and such number of members of the Corporation as may be 
provided for bv the by-laws, as a Council, and shall together 
constitute and be called the President and Council, and 
shall be elected annually at such time and pla.e as may be 
provided for by such by-laws ; but at all gem-ral meetings 
ot the Corporation not less than twenty members shall be a 
quorum. All vacancies which may occur in the said 
Council by d.^ath or otherwise, may be filled by the said 
Council, Eight of the number of said Council, or such 
other number as may be fixed by the by-laws, shall consti- 
tute a quorum tor the transaction of business 



Cor|ioration 
raav make 
hy-laws, and 
amend, Ac , 
same. 

May rt'|)eal 
existing by- 
laws of Mont- 
real Board of 
Trade and 
Oorn Ex- 
cbRnge As- 
sociation. 

Officers of the 
corporation. 



Annual 
election. 



Vacancies 
how filled. 

Quorum of 
Council to 
be eight. 



^1^ 



CHAP. 



*> 



1881. 



it^ 



*t» 



Ln Buutjite VHIe .Marie. 
CHAP. 35. 



Chap. .36. 



An A(;l rurtpt'ctinjr •• la /i„7i,/ii, VIKc Mufle" 

[Asspti/ed to '2Ut Mair.h, 1881.] 

'lUIIKRlvVS L,i HntKiue Ville Maru: has, l>y its pt'tition. iv- Preamble. 
»» pivfsfiit.'d that tho great losses which it met with 
during the last iiiuiucial crisis have diminished its assets; 
that at a <r,.,ieral meeting of its shareholders it was a.know- 
l-'dged that in order to carry on its business with advantage 
It was necessary that its .aoital stock should he reduced to 
live hundred thousand dollars, by reducing the number of 
the shares ol' such stock, and a resolution of the shareholders 
to that eHect was passed ; that ne\ ertheless, it is desirable 
that the said bank should hereafter issue new shares to the 
amount ol five hundred thousand dollars, in order to bring 
Its capital stock up again to its original amount of one 
milJion dollars ; and moreover, that it is the wish ol the 
said stockholders, expivssed in the same manner, that the 
u^ \!^\}^^ holding of the annual gen.'ral meeting of the 
shareholders should be changed ; and wheivas. it is expedient 
that the prayer of the said petition be granted : Therefore 
Wer Maiesty, by and with the advice and consent of the 
benateand House of Commons of Canada, enacts as follows :— 

1. From and after the first day of .July, eighteen hundred Capital 8tock 
and eighty-one, the capital stock of La Batique Ville Mane '» be reduced 
shall be reduced from one million dollars to five hundred '"" '"*"'• 
thousand dollars, and it shall be divided into five V nisand 
shares ot one hundred dollars each, so that the presb . lum- 
ber of sharers shall be reduced by one-half : Provided al /vays, Proviso 

p!u u '',^'^""y ^^ ^^^ shareholders to the present creditors 
ot the bank shall not be in any way diminished by the said 
reduction. 

«. The present shares shai) be converted, on the said first New shares 
<lay ot July, into new shares, which shall then be issued to '» be igsued, 
the shareholders in the proportion of one new share for °°' °' 

every two shares held l)y them. 

». Every shareholder who shall then hold an odd number Sharehoiderg 
ol shares may agree M^ith any other shareholder in the same ™»y ""ite 
position for the purpose of uniting their shares and obtain- stes"**" 
ing, in their joint names, their proportion of shares of the 
new issue. 

4. And whereas a certain number of shares of the said bank Recital 
belonging to shareholders since become insolvent, which the 
bank acquired in conformity with the provisions of the first 
section of the Ad tliirty-eighth Victoria, chapter seventeen, 
and on which the said bank had a privileged lien, in virtue 

of 



Si 

I 

■J .. 



w I 



6 



Ronrd uf 
Dirccturs 
iDtty HI' 1 1 c«r- 
Uin 8>mre!< 
nrid biiv cer- 
tHin other 
shnrv^. 



Chiip. 85. 



Ln Hmnim I'ff/e Marie. 



41 Virr. 




"''"■'" •"'■«h-;,i,;i,i'i;y,;;;yZ";;:,i;i;:; 



The Imnk 
tnny dispose 
oCfiliHreg of 
both claHei. 




oeriaiScm,,, " UMTctore shall have a riiiht lo .-i,.|| ■ii tl„. m. vll. • 

s'tf£?„ : i,'t.'r' I"'- 'h'-y <- t'l lor ih': »l, V ',;t 'iia" 

foTetr shLs^Tth"""^ ""''■ ^'^^ f^^^^ «'•«* ^^'^v of July, only new 
ferableonly f'^a'es of tht' lunv can (a stock of t'h,- «.,u1 K...I u 11 1 



atiSSS=2.sas-t 



Time of hold 

«... day orMay°!h« 'ts "Tall"! 'tutned ^^t'] 

issued. " • iV"l^°f,^;, such shareholders may, by the vote of tho 

decide to issue new shares to the amount of five 4X^1 

thousand 






£ 
\ 

e 
t 
I 
e 
1 
t 
ii 
c 
a; 



1881. La Bn,„ifie Ville Mnrir, ,\c. Chai.s. .{5, ;{.i. 

Il^rtrtSlljr''''^^ Provi<b.d always, that this ....... 

th Had anJ Vm ^T'^^"-"'"" '" «"'h a Way as to d..priv« 
1. d 8 xo th.^ A '/':•""''' V^'\ i"-"^'i«io»« "» «ectioni five 

r^i L .t Ob .g«t.o,..s of th,. pn.s.„t holders of shan-s of f •-[-•;> ^-e 
rn. draount ot their original nominal value. 

n'ijn i^n^Hul^V'*^' T^ 'a !^•' '"''^y^^''^ yearof Her Majesty's Ac 43 v., c. 
rugn, mtitultd An Art to ,.mm,h lor thf »/,./W/«.. ,/,/„/ «7. rep^alid. 
La Banque V,lle Marie;' is hereby repealed. ' ' 



An 



CHAP. 36. 

Aet to reclnco the cupitMl sto.k of the Kxclnin.-e 
liai.k of Canada, and ..theruise to amend the A°t 
respecting the «aid Bank. 

[i4.v.sT//7er/ U> 2].s7 Manh, 1881.) 
WHEKEAS the Exchange Uank of Canada hv its n.-ti- p,. m 

IH'lition : TherefoR. Hev Muiftslv by and w^h ?i .7 

m lean, ea (o hve housaiid shares o one hundred dollars ''"«'' V 
each whereby ea.h shareholder on the Zv fh,. ,.! """""^ 
tr.n« er books of .he Bank shall be closed for thf p^Sle of 

nxedlat ttie soecial De,.ev«l meetino- of the shareholders 



lied to ratify the po?\ 
after provided. 



ers conferred by this Act, as h 



lerem- 



a. 



k f 



8 



'ii'w dealt 
witb. 



shares withouMivn,.? h ^T ^''"'''*'''^' '"t" ""V^^ 

tli«rharges|orth., sa.,,,. ^ >*'ia.vhoM..r.s of «iuta!,|.. 

by the sharelu.ld" olTh . i ''1, k ""Tuy "'"• ''^" ^ '^^"'^ 

"».' basis ol th.. n..w stoVk ^'^'^H b. compuh.,1 .>„ 

Nunitjer of 
•lirociora may 




th*' Bank called for th.> m,,... '• \,^'^^ hlum-holders of 

bylaw, whi<.h VJlutn mav hVv ^u "^'"'""'- l^^^^^l"^ 
standing that th^ Ss Th^n '^'"^1^ ^^^^^^^^^^ notwith- 

the passing of thi^ Ac/' '"''^ ^^ published botoro 



?■ ^°A^"J8'|^ this Aot .shall bt 

HanKf r,^?''^yu°'^^'' shareholders of th 
IJank ol Canada to the i.reseait creditors thereof 



tiHhilitien of 

<tar,bold.r. „,. ;/"'",r''S ;'.',?"'■' 'l'^' slWll b.>c011slmod SI) «« 1a U 

Hank or Cw,ad,L ,„ ,h , ^l..?,,' ^"''''■■•^ °f the Exch.nir,. 



t 



. 

1 



CHAP. 37. 



(Av,e«/^,/ /o 21.V/ iJ/,r,-c/t, 1881) 
Peror. W^^^I^^aa bvth^""^-^-"^ «-^-ay Company of 

meetings of the said fei™ w.^ ^u^J"^ *^« ^^^If yearly 
of March or AprU and sSembL 'n^. u^^'-"^ *^^ "^«»<bs 
the Company or the DiSrs m ^?«^^^^" ^^^h year as 
and determine, and as they Knd T^'a'''^. ^'"^^ *^ *'«^«' ^^ 
the time for the paymenfof dtf/^''?'"''* ' ^""^ *° change 
securities of the CotCnv tVom ^^'V^,' ^'^ H «*^^^« «»<i 
mpany t,om the dates now fixed for that 

purpose, 



1 



1881. 



a -Mil Tmnit n„llw,i,D C„, t'h»li. a; 



r;;:r"h;:iV"M'''tv^;'",r''''"'''''''''''M'»';'''''': ""'■••" -"">■" 

,™-^..Kl^^M/V,''l;!;,J;^^;i:.»i■;^!:,,;^,-^i,';;;|;■ 

iiiK ol 8..(.tion« ,,.,Khleei, and tuvnty d' tJu- • a,a.>/ 7 , / 
divid..ml , 11 ';^"^'^"« '^l»"ll "Ol huv.. ivc.^iv.'d a lull 

andHoL.^,&ir:;;^:a;^i;rr;;r;^^^^ 

said Coninmv I. V ' '"' ^^"',^'- «'' '"'• <h'' Dinvtors „|' tl,,. '>oiJi»K imir 
«HKn_omi)anj l.\ l.y-hivv passed lor that innnov,. tn ..},..i,.r > •'"'"'>' ">««»• 

or the D.n..tors maj'find ^IVal. nt! " ' " '^' ^'''''"'''^' "Z'"" '" 

of^Jc^mi^^'tjl^r Ja'h^^r'r^ ^'r'^^^'"^ ^^-"'^-^ ^'--^^ P'^- 
davs nfi^r ti^ 1 ' >'»,»a(h half year, W pavuhle lil'ti', n n"*"' of 



3. The meaning- ol scctioiKs eighteen and tw.'ntv nf tU . 

nnwn ,.w - 77, r;,.^,,,, rp. T ", '"'" '\^*'>»i} Ot the Sections 18 

ine I, I and Iriinl,' Amittomiftits Art, 1873 " »■><! an of 36 

.. ii. ' . v.. c. 18. 



Act known u, „ ,„.„„„ j.., ^„„„..„„^ 

SlauL in ,;,' 1^ ?;■•'','".">'■ oiUtT i,mvc.il„.d hy th" 
sucWn^W I "'■' • *!"''' »"h.' liisl halt y,.nranvof 

case, at the end ol' (L , . ? .1 ei,.^,^^ j^^.^^ .^^^^ ^^^ ^ 

available o dividend h! Vl "' '^' '^ "'" ="""""* ^^^«^ 
deficient shall uh.^ ol i'^"''? °' >^' '^'^ ^^«^J^'« «o 
dend for the you th n endll 1 !? "^^'•^^^«'^^' ''^^V^ve full divi- 
so available is a n i. . f ^K ^'''*^ ^^^ ^''""^ ^* «"^h «'nouut 
rankfn!f a W tl^^'i't '':,'^^^^^-^^^oidivid.uas on stocks 
ference? '^'"'''^'^ -" -^'^'-'K-nt m their said order of pre- 



10 



Chaps. :]7. C8. Gra,uf Tn.uk UnilvHu, Cn 



•Vr 



44 Vict. 

A ci must be 1 TV.; A 4 in 

special gen', mittftl to a sinvinl .-Vll. r , ' , ""'^ Until su),. 

ral meeting acf^M^!...! K,- I ^« '>t'l<tl lU.vtliio. ol (h,. ConiDauv ■Mul 

meeting shall be t-ikm, .1 ^^/'V''"/*' ^hi'C hamnau oftavAi 

Secretary of Sh,(,. o h wf ^ '' ?'^ "' ^'^'' "*^^' ^f the 

oertified^v it .■d«:i^^! '';;»" ^'--'/V and copies 

oonsid-red in all courts r^f].,- ^'^'^''^^S' '^hall be taken and 

Jacie evidence o! l^e'^Hl^ thelS'"^^' '" "^'""^"^ '''•''- 



Preamble. 



CHAP 38. 

An Act rc.»,,c.cti„g tl,„ N„,,,,„,„ Kailvv.,.- Company. „f 

Canada. '^ 

[Av.sew/erf /o 2lst March, 1881 J 

date the siilh dlv „f ll^f • 1 "'"u"' "g""'ment bearing 
nine hereSl^^.l£:,"^.:'1 S„:''f V;lHr''^- 

to raise .adSri„ll'':aX^,^l7^,t^tlct^oVThTr 

thousand eight'^hundTed a/d Lh,! ^'" '^^ '^'" ^'^ »'« 
as Schednle^'B, l£ the issue hv^thro'''' ''"■™nto attached 
the amount of one h„?4 / "j Company of bonds to 

pound" Zlins md bv the N .^i'r'''*'"- ">»»»»■«» 
to the amom?' of sixtv ,iv t., '■"':.^'"''"" "^ ^^'^s 

the proceeds""' heLf\r'LXTied ^""tt ''"'"* 
and for the niimnw^o ..f,^ j • *PP"*^<^ '» tne manner 

agreement ; and'^wheret fheVol' '"^^ If^^ "^u^"*^^"^^ 
said petition prayed for Soritv .^^^^"^ ?l''' .^^ ^^^^^ 
is expedient to ™f +L^ ^ }"* ^^f^^ ^"^^ ^^J^^s, and it 

Her Ma Sy bJ a j wUh^Th:^ 'S'^ ^^'*^*i^" ^ '^^^^^^^^^ 

Senate ind^' C„sT of'^Com^Sons -f p"^ T''""' °^ *^^ 
lollows:— " «-ommons of Canada, enacts as 



iHcSl. 



^^orlhern Ruilir,,,, C„. 



Chiip 8,x. 



authon..a,oi«snHn>mn„,';;:r;>;,;;;r^^^ 

"joint workir- ami .■(luin.n „ i j • , '^ l)e itHiuiivd, 
not ex<oedino- six ,„ • . "J ^^' '"'"'"- '"•^^••••«' «t a rate 

ibur thousand poutsir.ndTh' ^""^'"'l ""^^ '^irty- 
ol'su.h bo.idsshrd he mJ^^^^ 

times and placed ,,'ovS' /" ^^^^ '"'"^''''v and at such 
the twenty-firs da V o Feh^, ^''" "' ^^" ^'^'^ agreenient ot 

one thousand e: j;;^.ul.S::;;y;.;^hlX^'"■ '' '''•• '"^^^ 

tu^\^,t'tHX'unrtfl ''^''^r' ^^r ^^^ ^h'^" consti- Rankin, of 

tolls and reveime." .^^ ' r '""^ ""^ i^^^^««»«l P^op^rtv, ^-"^ ^--i*- 

preference bonds class ' K •' , '''J'^' "''^* ^^f^*^'' ^h*' third 

an Act respectino. the Commn. r'"^ T^'J. '^'Z ^"^'^"'•^t}' "^ 

of Her Majesty Wi4 cWe I^" m '" ^' thirty-Jirst year 

of such jo nt wo IS u^flZ '''"^ly;^'^ ; '^"d the holders 

.same rights, incide tf a' d or !f ""'"^ ''""^^ ^^^^^" ^^^^•^' ^^e 

holders^f the ^^^^i:^'^ S.^^^'''-^ '^ '^^ 

issL^.Jh\lf rs1Ir.>4lid^ ^ authorised to be 'nterest ho. 

twenty-first d^y 'o Feb uarv' ?n ft ''''^ 'f'A"^'''' ^^ ^^e -^^^•"«- 
thousand eijvht hundred T,',. ^^r^' «^ Our Lord one 
Company, n^xt a?te the paLlTST' ^\ ^^'^ ^y ^^e 
aforesaid third prefer, i.p S , *^^^ interest on the 
bonds shall and^may be 'oM ^^^^^^ ""^ '^' '^^^ 

the proceeds theS rsed il^an?Twr?^'^''*^-T'!!'^^' "^^ «-'i-a, 
last mentioned agreement ^ ^ Provided in the ^e^^oM 0/ 

by^thJDltSoYttVtlrnl'"'^ ^'^i^ "^^ be issued isaueorbond. 

thereof shall have Wi[^:ppC^^^^^^ 

of the ordinary and nreferen< o «fll-l;^/ ^ ^'^ '^ majority shareholders 

or represented\y pi^o^": d' fodn^tS'Zr;^* "^ ^"'^" ^"-^-'" 
general meetino- of the Cnrr^Z. '^ together, at a special 
purpose, nor unless the NorTh W^ .'^^^'■^'^"y, called for that 
the nec;ssary au horitv and 1) ?? '^^" ^'^'''' ^^tained 
that CompanVI^^ rovi^dedli? r '' '''"' ^^' ^^"^^ "^ 
preceding section \n?Mit?oned ^^^'^^^^^^nt in the next 

cX'^n^'At'Sm^' ^'' ''''^ '^^ "^''^ ^or(I,er. RatHoa, SUonu,.. 



11 



SCHEDULE 



12 



Chap. 38. 



Northern Ruilwof/ Go. 
SCHEDULE A. 



ii Vlf!T. 



Agreement miulc the sixth d-iv ^r t„ 

aft.-r called the Northern Coin p-,m^ nVi^^^ ^^'*''"'''"- 
'■111 tV,i„i,a,iy) cfthi. other p,,,!, * Woilh-W.'st- 

th„, ,.hai^,,,„„.c.d to ,„. gn,.n, i,, ■,„a,r,„.;fo',il>;;'i';,'^;'ThL'; 

now in lea.:, to he NortWC'o "'.?'' k''^'''^ Company, 
denture of lease dated theZxrCho-f '^n^xl^v^'^ '' ?/ "" 
sand eight hundred and s.n'en v ei 1 shXt^' T', ^^'•^''■ 
a term .onsistinff of so mu,.h n h,:. V' ^'''' '^""^ '^^"'"^^ 

Puted from the fate oJ' tZ agt i >a:"LfnT '' '" ^•'^™; 
at the date hereinafter fixed fn-Tv.^ ^' unexpired 

this agreement/be carried iinn^^^^^^^ "'*° operation of 
andarcordiuff o thrtenorZif ^' ^''"™' ^'^^ conditions 
tion and ^up ?rintende J^o^" th. \'^'''7'r '^'^ ""^^^' ^^^ dire,- 
for the appoin rnent o? ^-^-^ ' ' l^xeeutive Committee, 

and ^^'^S^^^^SZ:: '"^ ^^ein^.r made, 
• shalUroni time to t'me be mad! ^^1/"^ '''^}}'^^on, -^s 
mittee and shall be confirmed bvth^p''/''^x."?*'''^ ^«^"- 
both Companies, or iTot diSl W^d'ty tttard Si^ ? '^^" 

on relerent-e to a ^::'::^^.^S^l^:^ -"^-^^^1 

ioc^nSti;^\!;sx^ ^ w s j;;s'^^'^ t ^'"^''^^ «" ^^^ 

plant, and all the stores tool- -^ V'''"'^'' '^^V^P^^ent and 

placed, and throughout the sS i.L ^l' i/'^'*^"^^'^"*' ^e 

elatel.nddivSrons'aLl'™f^ "'•^"^'^"^^ *« convenient 
aim amnions and a just appraisement and valuation 

shall 



1881. 



Northern Railway Co. 



\os,sel,s, equipmi'iit, ph,nf, stoi 



■es, tools and oth 



s^,:!^^tk'-^^'^^'^^>^i 



ment, b.' placed, as h 



iO(oiumgi]ito operation ol'thi 



Chap. 38. 

r rolling- stock, 
*'r movable 
on the date 



s ajiTi'c- 



two Coin 1)11] 



ere'in provided, at the disposition of the 



veniorv sUll'? ' "'"^ it ''''"'^'''^ things included m such in- 

and , "'•^' ^' "^**^ ^""''"^- ^J^^'^^*^^ ^"id div ions 

o alf othev ^Pi^^'^^fr"^'''* ^^'^d valuation shall I e made 
oi au other movable property then «f fV... ^; •!• 

vXe of LfK ^«^.l^^}»y '" '^P^^cie, shall be equal to the 
Adlue ol the things originally placed by such Comn-inv nt 
the disposition of the two ComUnies,4nTdefid?ncv bein.^ 
borne rateably and so that of the surplus, iT7n7 Sof th! 

gate value as it has become entitled lo, of the net •mmiMl 

elpSn of V"' -K"'' -'' '"''' ^'^^^ ^^^ ^^^^ 
expiration of the said term, appoint in wrilino- a valu(>r and 

tt%':nt;r ulSnlh:^^""'^"^ •^'^"' «" ^^'-^ occil^r'bdb.^ 
wr^no . iK *V ^Pl^^-'^i^f^ent and valuation, appoint in 
VATitingathird valuer, to whom shall be referred for f,,:. 

vX:o?wr' r;f ^'^^"^^^^^ ^"^ ^'^^^ or itei j'o ke 
mn Psl IJ"'^ *^'' two ..iuers so appointed by the Com- 
of eith^.f /f ^^"^ '^""°*^ ^^^'^^^^ If the Board of SLc^ors 
01 either of the Companies shall not, within ten days af?er 

notice 



13 



'.■'' 



14 



Chap. 38. 



Northern Railway Co. 



44 Vict. 






een 



railways of or conn vt^d w fh thV'^"'"'''""^' '"' ^^^''^ ^h., 

as also all .stations, 8 din' s t k 1^?"'''""'^ ''^'^P^^'ively, 

elevators, stationary enoim^ f x.r T'' r'^''^' ^^'^'"''^""^i 

ment.with tho appliances a d^mr ."''»'^"^\»?^ '"^^ <^q«il'- 
respectively, and .ui othe r^^n '^ belonging thereto 

either of tL^ Comp. nU^. nclniino. '["T^'f ^" ^^^'^^^^'^'^y «' 
by either of tlie Co n, .aides shf" .•^^""^■^ ^'"'''^'"^ <" o^' held 
or desirable for the "Sil ol {,''' 'm' "' "'^7 '>^' "^cessary 
term, or the then re mSf the^ol-'h^'f^''^ 'Y'''''^ '^' ^'^^^ 
«ition of the two Conn an es J V P'"'"':^ ^" ^^o dispo- 
to the control of the fil"'. ^t^ f Jv "'''^r ^•^^■^I*" ^'''^^^ 
vide out of the grL eLnhios n, r'^V'T' '^'''^ ■^^''" P^O" 
Hrranged for bv tfii.!ao.vZ .f r^ 11'"" '^-^ ^^" ^^'«'kmi^- 
thereoi; and iall rec^i^ /^^ ttVi '"'"'""'"^^ "^ ^-^'-^P^^^ 
>".ome arising therefo^ r,ovSed''^l^'''''' ^'f"">S« all 
whenever any ,ni.stion shall ,viT\^l''''''y'*' ^''«< ^f and 
said P^^rticulars ouo r b, •VJt:;;''*'/''''' ^'^'>' «'' ^'^« ^Jo^""- 
clause. the <,uestio,r LaH t nf^'^H "f \ X'^'T «^ '^^- 
tors of the Company o vhich h '^" l^f'^ ''^ ^''''^■ 
decsum shall be accepted, sub ect onv Z?" ^'^^^'=' ^'^'^^^ 
Referee hereinafter prividedlbMn.^^ ^^ a J'^'^'T'ee to the 
Erectors of the other Comoau ^^T'"'"^ ''•>; '^^' ^^^^'^ ol' 
none of the aforesaid V„Sw sh-inl l>'Y/aed also, that 
as not being necessar • or d h,K • .f^"^ ^'/^^'^P^^^d of 
raihvay.s. except in «'. .r, i •''"'" ^^t' ^^orking of the 

Bxecuf.sii;;u^:;^,fx,-:^^ ti. decision^f z 

thenoftheReleree: Provid,^ ,Isn // ? ^^''"' ^^^^^^ii-eeing 
er^^^tor at Hamilton kvot es h// !'' "" ^^^^ ""^^ "»«1 the 
AWstern Company or an^Z: ' ul ' P"^' .°^ ^^'^ ^'"^'th- 
Western Company a ^h'Sv? '^i' '''; '^''^' '^>' the x\orth- 

by the Exe.utivekmn it ee t le I V ' r '^"ff"''^' '^^' ^^^ "^« 
not be bound <o xvork or usefhp . t '' ^«""»i' tee shall 

or incur any liability irr^^e.^tlen-o,''', ^7 ''''^' ""^S^"'"" 
elevator becomes the p oner v l^^^ 

pany or as such arr u.S^ J . r*' ^^.''i^^-W^^'^tern Com- 

r^:sp.'Ot thereto, the said'e evator'sh 1 '^''''^t •"' '"'"^"- ^^'^^^ 
visions relatiuo- to otbe, H ! ' ^"' ^"b|e.t to the pro- 

Pro^•ided also "tJ t f ,u ll^T^'; '^•' ?'' '^' "^'""^ Company : 
bo sold, the net p 1 edl^; '^ ;f,V^ T^U ,?^ ^^^' ^o'^anfes 
part of the said gro^s .^ r: o tV'^f"."?^ ^'' '^'^^ted as 






belongs 



1881. 



Northern Ruilway 



:o. 



Chap. 88. 



movable or i.nnlo "h ' Ij^""/' ^ 'T ^''' ^'^'^''''''^y 
the two Comp.Mi.s. ^h^ll h. li,i In'' " ^^'^Po^'^'on of 

providing fbv such pI^lLu^ tr.i ;it..'e:;ilKr;;^'"' ^"'"' 

(") All ,.xreii.s,.s of th,. mai„t,.„a„c.. of the raihv.v, 

eitAcitoLs, appliance's, ooiivcnioiicoK ivil n.rl ;»; 
movable property, the subject of Ihl/ni.;' '-em nt 
and working arranged for by thi,s ngre.wnt a, d 
oi the rolhno- jmrl r>f)i,>.. 4^ i o """"i, ana 

am ual «„,, as may, Com lii,,.. ,„ |im.. [.."mvahl 
undo, any leas„ or agr,,.me„( to ,„■ h LffT 

('•) All expenses of and incident to the wovkino- ^f .k 

"g ol ,1,,. ,,„|„„ys „Kl iraffi.. >„.■ u li, : the 4 

indden! 1 wivk f ' ^''^''^^^^^^^^^tary and all other 
^l^!^":^^''^''% "'^i^^"^'^^ whatsoever, and in- 

thousand 



hundred dollars per 



aim 



ma toAvards the])aymont of 

the 



15 



16 



Chap. 38. 



Northern Raihuny Co. 



44 Vifrr. 



the separate secretarial andestablishinenf expenses 
and Dirertors' fees of the North Western and loHh- 
em Companies respectively, (bnt without prejudice 
^ the amount which either of the s.id cimmnies 
may expend on this account) and all other sums 
whatsoever which are, by anv clause of this a-re- 
ment. expressly authorized to be i>aid out of -ross 
earnings. o^^o" 

7. The net earnings in each year of th." said term sh-.ll 
hora time o time, be divided between the ComZ ies a 
manner following, that is to .say :- ^^'ipanies in 

Up to the sum of eighty thousand nound.s sterlino- in 

fxtv-S'and'.""' r'^" ''^ appropriated and .Ud S o 
sixty-six and a quarter per cent. thtM-eof to the Northern 
Company and as to thirty-three and three-fourths per ce, 
thereof to the I^orth-Western Companv ■ 

Alter eighty thousand pounds shairiiave been .so annrn 
pnated in any one year, any additional net .^arn nos oFthe" 
year shall, as to the next ten thousand pounds (be wetM the 
sums of eighty thousand pounds and niiev thousand 
pounds be appropriated and paid to the Norther , (Immnv 
and as to the next ten thousand pounds (betxxeen th^sums 

1 Tf *l ^^^"'""^ P^""d« ^»d «^^^^ hundred thousand 
pounds) be appropriated and i>aid as to sev.Mity nei cem 

to T K '}^ l''^}''''' S""^P^'^y '-^"d as to thirty^ per cen " 
to the North- Western Company ; and anv excess of w 
eariungs over one hundred Lvl;nd pounds In any yea? 

aSdtotheNoTwl "'^pP"^ to the Northern CoLjany 
F«; h P Noith- Western Company in equal shares : ^ 

8. For the bette^- carrying into effect of this agi-eeraent 
and arrangeinen there shall be appointed a Joint Commhtee 
herein called and referred to as the Executive ComS tee 

uponthet.'"^"" "^^ ''^"^^^"" '^"^ «- hereby 3S 

r^l^A^ Executive Committee shall consist of eight ap- 
pointed members, with the addition, as chairman of tL 
Managing Director or General Manager of h? Northern 
Company, if not one of the appointed members. Four "J 
the appointed members shall be Directors of the Northern 
Company, to be appointed annually by the Directors of the 
Northern Company within fourteen days after the annual 
sS'l""??*"'! "* th-t Company, and Ihe rema^nino ?our 
shall be Directors of the North- Western Company" to be 
appointed annually by the Directors of the Nor^i^^es?ern 
Company withm fourteen days after the annual genS 

meeting 



t 

i: 

i: 
c 
b 
o 

<1 

V 

tl 



1881, 



Xnrthern Rnilwai/ Co. 



Chap. 88. 



::^M^J'.^ i:?^^!!y' ^^ ^»- -^i- .n..mbe. .0 



It 




his coiing- to b a ] ,' to^ o 'Tr^'r' ^"'"'"i/t-- "•• of 
Biivctors he Avas ai,noi itel n . ^^''- «'"P'^»y '^7 whose 

m^ohxt another Dii^c'to, ol he ., *^;V'"'"^^ Company, ,shall 
;he remainder of Ccm.Slt,SZ\T'''''y '' '''^ ^^.^^^'"^^ 
but the proceedinos ol' f o v^ V ^V^^""^>' ^" occasioned, 

stayed ot ir^^dl^'^^'^'^^'r'^'''^'' '^'^^ '"^ ''' 
-. or any vacancy, so 1^^ qi^^^^KeS?; S^l;/;^- 

ti.nc-il-^!:r^rCSrr(^,''"^^^"^ ?^^«=- ^- ^'^<^ 

appointed member or not all Te^'r^'//''''''^^" ^*^^ ^' ''' 
.^hall, if present preside ',/ ^^-^//'^'o chairman, and 

Committee, Ut si? Ho n..l T'\'''S^ of the lixecutive 
ber, have •« 'y c^^t o" tt iT'oth' ,^'' '/^ '^^^^^'"*"^ ^^^"'• 
submitted to the Kx'ecuUve ^n^ .7''*^ ^') ^"^ question 

appointed memtr shaH* v^ e X^- 'th'"^^ /' ^'^ *^*^ «" 
vote and shall not h«vi . f- -^ ""^ *^*^ "^^^*''" '"embers 
absence of the .S V>^rch' in^"° f"^'" ^'^ ^^'^ ^^^'^^"^ of th. 
Committee the metbersl^™^^^ "^ ^h^ 

^heir number to acUs ch rm toT '''f T^.?'"* ""^" ''' 
as the other members .Se'S^^/J ^-l" ^^^ ^f ,1^ ^^^ 

CommiiJ^ mi^' b^^dfli^f ''*^'i ^^T^t!'^ «^" *^^ ^-^"^1 ve 

other appoinSd^me nl^e ^ t1 e'Vl"^'' ^? ^"l^^-' '^i^^^'"* ^"^ 
of the same ConnTanv tn ?i ^'^^^^^tt*^*^' being a Director 

absence, at thrS^ni^^rtiie^Sil^.r^^ ^^'^ ^^-' - ^- 

visionUfthi,sa^rmnen^^ niconsistent with the pro- 

and business im-S no .h regulation of their meetings 

the fixino the c orum tl^ appointment of sub-committee°, 

may be necessarv or expedi^ nt fm^ "V"'***^'' '''^''^' 

oonductoftheirbusiness W J? , {"V"'^ convenient 
becoming operativrrenuiv. /. k '"'^r ^^'-'^^"'^ ^^^^"- '>«^oro 
of Directors ot the" f'3^ • *"' confirmed bv the IJoards 

<iifferenr;;ettii;^h'eTorrSny7rr:r;^'' ^\"^ ^^^^ ^^' 

vided with reference fo rnl7' ^ ^^^ ^etorce, as herein pro- 
the Executive Committee ' '''^''^'''''''' '^ resolution? of 

VOL II— 2 

14. 



18 



Chap. 38. 



Northern Railway Co. 



44 VifT- 



pritrib",i!',h7,,,;„V„Sr" "V"*" Commi»«, „,he,wi,o 
|>rescnl l«T30iialIy or by ™™'^|'*'"'"-l>«'l>>-ol Ihc; chairinon, 

bt'hWa nl ), ...,l r,.: , "' ''"'•' "lonll". ami rnnv also 

C' * 

Committee, and the Mana' J Tlh''?*"'"^ n^ '^^ Executive 
ior the tim' bein- o f th ?%"!,}^"''^r' ^' ^*^"^'''^^ Manager, 
act as General &naie of t^^^^^ Company shall be and 

knitted to the coiroror nlvid Tt r;'^'^ properties sub- 

Companies as aforesaid ^ the disposition of the two 

respectively. ''^ *^ ^^ *he Companies, 

tions and resolutions to ^ frort'me fo t.^V J^^''k '!?"^^- 
the railways and properties siXVh.V T ' T"^*" ^^ *^^^' 

of this agreement,rtC con?roT S foTtt', '^' ^'^^'^T "^ 
said shall be entitled 1,,^'^^^^^ ^It^^.'^'^P''^^^ ^^''^'^^ 
agents lor and in the name of fh! r^ authorized, to act as 

Companies, or unless and until, with refSce to eaoh nf ^ 
betore directed, and 



given or forwarded as herein- 
seven days shall have elapsed from the 



1881. 



all 






yoi/hern Rai/im,/ Co. 



Chap. 38. 



^^^rJ^^^:ti:^Z7'r\^''7 '^ iorwardod without 
J}oardolJJin"Co ' IP) rn"^'"" ^'"'''^' 'li^allowed »,y Z 

^"•m.'d hy .such Ik.ar oi J .H. o I*'""*'' '*? ^"^'^^ ^^'^'^ ««»■ 
cas.'ol\li.valIowan.^.bvf|J; r l-?' ''"'•'"■' «»<! until, in 
the (;ompaT,i.s. r o rx.jV o. m'^ "' ^'"•"^''^'-^ ^^^ ^"-^^ only of 

'epilation or .vHohuion ol' i , i'x 1 u v'' r'"^ "l^'^'^T nil., 
MeivncH to th.> workino- oV 1 s .i^ " '^ ' <^^'"""^^"'« with- 
Avhich shall not )„. dis flou- . . , ''^'l^^-'^y^ »'Hl prop,.rti..,s. 
^ith.r Company, or wi X '"^ "^« i^'-vd of JJhvctons of 
i^oardof UnvcLs c^X^',^,;''^;:;;^ Osallowance bv th. 
■-•onlinned by th.. U.iJ^e\Z\\^l T ^«'V1'«>""^'^ ^hall b,^ 
'•;. - nil., regulation o rlo u ,u "• t " f ^r^ ^"^^ ^"^^'^^ 
oleachofthe(V,mpa.,ios ]w,l t ' ^^T''^ «' Directors 
^•ates and toll.s to be clm-^ed "o • M''''°; ^^"^' ''' ^'xino- the 
"^ittee shall so aclju.st ° 1.^ h [f h'/^"; ^^'^r''^ ''^^ 
charged to and inna l>oi ts eor„tr n f''^''f"^^ ^""'^ ^« ^^^^ 
occupied by the li.ios of bo h '?'"'"'". *» anJ now actually 

Hamilton and ToroUo shall be 7^''""-"' '"^' '^^"^ <'^"*'^'« of 
or preference to eithei V ty i,u? loihTi:'"^'''' ^'''^'^^^'^ 
io be charged between the dties oi H ^^t ''^'' '-^"^ *«"« 
respectively, and all points beyond 'i?]""'^^^" f"^ '^^^''^^'o- 
water carriage therefrom .mliifu^'"""'^^^^ reached by 

quoted or charged tKgrthcciK^^f i^^^^^, '' '^^'^ 
lovonto, to or from the points ast 2' ""^ ^ amihon and 
parts thereof oharir,Hl fo^ transnot ''^''"''^l'-^' '^h«", as to the 
whatever the route m^y be ,m -'i'"' '"^^ '"'^''"•'y'' 

transfer charges, ii any A rr.'- w *^^^'"?'\-*^ of terminal oi^ 
-ithout prejudice or l^^^lb "^e tl -^^J^'^^^^' '^ ^^^' -r^ 

in- or';I;:L;:^:;i' {!;''l£' ES^;-»!^;-I ^iabili.ie. entered 
ormance of the^wers uul „ , , ""'"V^'''*' '" the pei- 
to them, or by reason of?he ork ,^""»^ u'''^'^' ^'"'•"'f^^J 
Northern Company and the Nor h if ' f "'^^ ^^^^^'«^» the 
without prejudice"^ to their W.- il'!^^^^^^^ Vompany, and 
gross earnings, be deemed ad HknK ^^•' -""^ «^ ^^^ 
ments and liabilities of both Com n 'i^*' J«"'^ ^"S'-^ge- 

a«ce and satisfiiction of which K"r ^'' '^'' i^^'-''^m- 
•^qually answerable ; but sive nl ,f ^^^^panies shall be 
agreement shall .^xtend to n'alVe^r''^ "'!:^^"'^' "^ ^his 
responsible or liable for any ot fhl *"' °* ^^^ Companies 
or liabilities of the ^the r o f ^b ^''''''^^ ^^ fu'ure 'debts 
that the Executive Commi ee shainn' /'''''^''^ ^^^^''^^'^^ 
powers, have regard to all .vL- ' *^^^ ^^xereise of their 
-a;Ie by eithel- Com^ .V "547^^^^^^^^^ 
matters coming under the he.d ' \ f i ■ '"^'^^ "' ^^^ "ther 
shall not cause or do anythin'- inoonr/;^?'.'^^^" •■'^^' ^^^^ 
VOL 11—21 * '"consistent therewith. 

20. 



10 



»:<.: 



f 



20 



Chap, 38. Northeni lUihna,, C. 44 v,^.^. 



books of account to 1).. k-..'nf rr I ' •''hall nius.> projn.r 



owntol hoofhrehoing vacant, from 



tim. 



therealior iii th< 

the appointment T' : ^J^::''^VT'^^ '''' ^^"f^ 
•ippointod after the dot.. fivt/lT? iu ''■. ^''^ ^^^condly 

of this agroemenf and whh n f ^"''"f """ '"'l^^''''^^'^^'^ 

tvveen such auditors in the evlM^rn^^^ """I'""*' ^^- 

able ,eg«:„ii„;. ;'i,[rs " ;^c:„r iCtw^^^ 

to hrae, prescribe, hme free acces. tn .11 i . ',''°'"'"'"» 

of the Executive C'o.t,miH^,f„r.l ' '°°^'' "'"^ oo'e'mts 

therelrom al.roopkrtCofVor tt'r"r*:'h''"'?." '■'■''''V-''' 
wspectirelv. Jii tlie ,™,t If {."■" Companies 

appointed in accordwewihth t"" •'""'"°'' ""'y b'ing 
Directors of hrCornnanv «li '"'■fgomg provisions, th? 

mfuire the other crZ^bvS'''''' ""^t- '"""•"' '""y 
aiiother auditor on ;i;S"leh 1° , | ' ,rev":f:,f," Tfl"'?' 

appointed slnOl act or b„ I Co„r''"'-"- "'?,<'"» auditor so 
that the nireoto,r!iThe C'on^,rndefa.m n"vl "''^'^l 

;:r=it^=tS^.-£S;SS 

the b'usiness l^^^&^,^ 'CSt::'"""^' '° 

23. 



n 
a 



ICT. 



1891. 



iyort/ic,,t Riiilway Co. 



C'hnp. 88. 



n'liMMvdhv ih.. I^ri . •,]!(?; . ? >". J<'c-icle(l any matters 

»^w;,.>,.J!;;:;i:'l---;i-:t;- 

provided .K-piaoed alt,-i- nut ;,s l„.,oi„„,u.,. 

27. The Kxcrutive Commit teo shall in tho ..v.M.f r 
caney occurrino- in the office of Referee o,o^ .v ''^ '"'.V.'^- 

appointed, pro "l to a^po'n^bv the ^'' ' "^'^^ ^^^^'^^^•^^' ''*' 
the members votin- r ers 1 I !. "»'""^'»<>"s vote of all 
Chairman, in c^xse he be no i„^ or ^,y proxy (except the 
Hieetinjj summoned for he n .?^'^°"/'n^ '""^'^''^^^^' ^"^ ^^^ a 
week's notice rXhe^.,^l^^Tru ^''J^^'^'" "^^ ^^''^^ ^^^^^ one 
to fill the vacam^ nr'i^t % ""^ ^t Committee) a Referee 

year; and uc^fc^e 4 IThold '11"%'°^ ^''' ^^ 
nntil he sh.ll die or resi.^ or It ''^^'^ ^'T >''^^ ^^ y*^^*' 
repla.ed at the Jnd of a v ve«, T' ^"^'ii^P^ble to act, o.- be 
provided, ^ ^^''' ''^^*''" "o*'*^*^ «'s hereinbefore. 

-3. In the event nf thp momK ,. r i -r. 
mittee voting- for the cL^'. .f ^U^^'' Executive Com- 

a..ee in .hei? »e.u:!o;:;LTi,l:.^:!;:Lt,r,'S„^ 

theru 



SI 



^^ai S9, 



S'<fr(hern Ilailwaif Co. 



44 Vict. 



hoNo 
aii- 



tht'rn C„mpany shall iioiiijiiaf^ on*' urhitnitor ni..l .1 
ot ..u.atlHfuo arl.itmturHNo iK.,u,„ati.d shall .uuniiiatHa 

',f'*' Conipanv may applv ,u J,.- ('hi,-! Justi. .. (,1(1. [w 

ft , . w^'"' '-^r '""I'Tity or (I... said IhnM. arhilraos 
aft '. consul ,„!.• u-,th an«l h.-arin- tlu' third shall , oh ' 
.e on... and th. KolW... so appointed shall hj; 'o i ^^ 1^ 
h an., provisions as are h-.n-in contain,-!, with re lore no, 
to a IJ.l.-re.. apponitc.l hy the Kx. .utiv.. ConnnitlcC 

29. liverydilliTcncc or dispute arisin..' b.'twc.n the r'-.m 
pajneM touc un,. the constrtution of this aur v n n to, J 

(-ompauy, I,, r,.K.rR.d to such l!..|,.,v,. f,,,- ,!,„ dm.. Wng 

after .'h. n Vth in whr h fh^l VV^ ™*^'^^ "^^* ^'"«^""S- 
as aforesaid m^l! i^^ J:^:^ ^^t^^.r'sh:S^a:^t^r "^^ 

In 



I 
^ 



1881. 



Norlhfin RnilHuiy Ca 



Chap. U. 



In uitiu..ss uh»'r.«olih.- jaid parties hort'lo hmv . au-sed 
tn.'ir ( orpomfc seals to }».• 'i.'rt'to affixnl. 

.H)H\8TUAKT. (LSj 

1 ;.'.-i(l..iu, IT \- N.W.K, 
MA1TL.\ND VDUXCJ. 

ft}»'(r«»tttrv. 
FKANK SMITH. [LS.| 

I'lt'sidcnt. 
WALTKIt TOWXSKNI), 

Secretary 

5JioM.'(l. M'!i].«d :iii(l (I'liv.'ivdi 
t«yiluM\oith-Wi>Ntorn('()iii- ' 
pany in pri'MMicc oi' \ 

A. IJiircF, (.r Ilauiilton. 
Solicitor, iS:c. 



SCHEDULER 

T1118 A(U{KEMENT, niado the twenty-first day of Fehruary, 
A.JJ., I80I, 

Between the Northern Tiailway Companv of Canada 
(hereinafter cal ed the Northern Companv). of {he lir«t part 
and the Hamilton and North Western" Itail way Companv 
(here.nalter called the North Western Company), of the 
second part. 

Whereas the said two Companies entered into an ajrree- 
Tnent, bearing date the sixth day of Jane, A.D. 187!t. for the 
joint working of their railways, including any and eyerv 
railway in connection therewith, and such railways hayj 
heen worked under such agreement since the lirst day of 
July, A.I). 1879: ^ 

And whereas, for the more efficient and economical work- 
ing ot the said railways, it has become necessary to chansre 
the gauge of the Northern from five feet six inches (o ft G in ) 
to the standard gauge of four feet eight and a-half inches 
(4 It. 8J in.), to provide further rolling stocK and eiiuipment 
to meet the requirements of the increased traffic of the said 
tworailways, as wellas that likely to result from connec 
tions with the Oiiiario and I'acifie Junction Railway, to im- 
prove and extend certain stations, sidings, and junction lines 
and to acquire certain leased lands and properties w^ith a 
view to the better inter.^hange and operation of the joint 
trattic, and to provide working capital necessary to the 
economical operation of th.- said joint workin^r agreement • 

And whereas the Directors of the said two"ronipanie« 
have ag-reed that additional capital is necessary, and should 
Jromtime to time, be raised for the purposes aforesaid by the 

issue 



ill 



24 



Chap. 38. 



Northern RnUwnij Co. 



44 Vicr. 



Si-^S i^^^^^!;;^''!"?^"-"* bonds of the .e.p.e- 
particula s'aul subWf ff ^'^"''' "'"°";?'^' according to\h. 

CommittH^ appointed umT.r«ni *^''^ *^''' -^^-^''^utive 

power <on eSd them L ', """"^f^^^ should have 
the inoneys o be ai e bv su.'h J' V' the expenditure ot^ 
into this agreem.mt trbiect to « t^^^^ ^"''" '''^''^'^ 

being granted bv tL SlTo J ^/^^^^^^y to issue such bonds 
and fnhe rrov nee of oiZl''' "^ ^^e Dominion of Canada 
also provided ^"tano, respectively, as hereinafter 

and as may ^ r^.ir^d . S '''"t" ^'"^" i'"^*^ ^^ ^''"^^ 
bonds" of tL^ amoi?nt of nni K 7''['''"= ^"^ equipment 
bearing inte eS't a rl w" '''i ^"^"^^^ '^^^^''^^'^ ^^^^^^^^ 
annum,-such issue b, ft u\ *^^^'^^'<i"iS- six per cent, per 

and thiVt^i z;!;n^';:„!;t;^^^^^^ -- ^-^^-^ 

the first-days of ftnuS-v !n^ ^f * ^^'"'"^'^ half-yearly on 
principal anfinterest Si L '''\l'' "'^^ year, and the 
the interest shall bf at s^^^^^^^^ P^^«^- -»d 

Company, with he aonrov.! .? fi, 'V*^'" I^/rectors of the 
shall determine. ^PP'^^^^ ^^ the Executive Committee, 

property, tolls Td rJvemtef of he\w '"^ ^^^^''^^''^'^l 

existinc^ bonds of thlf n Northern, next after the 

shall b°e pa^ next after nTP'"^l"''.^ l^' '''^''''^ thereon 
existing bmids ' ^ ^y^"'"* «^ ^^« "^terest on such 

the'S^trStc^Llnr ^'f •' ""^^^^ ^^^ -^'"-^ to 
and as may\e re"uiS ?^^ ^'"^"^ *™« *« time, 

bonds" of the amount nfo. ^^^^^^'o/king and equipmen 

bearing int^rLra^a^V: eTot' eSirit f ^^"^« V^'^' 
annum, sxich issue in the wi.^i !^ ^^ P*^^' ^*^"t. per 
thousand pounds ste in i Thl "«^t°,*^^«eed sixty-six 
shall be made payable oi^^the £ P'^^^^P^^ «f ««ch bonds 
interest thereon half vearlv on /h ? "^ •^i""''' ^^'^«' ^"^ the 
lJecemberineachv2 anX',? *^-^ ^!''^, ^^y« ^^ J«»e and 
be payable at sueh^X^e and t'h^'"'?^P"^^^l^ '''^^'^'^ «1^«H 
rate, as the Directo/s of the! 1 /"^''"'^ '^'^^ ^'^ ^^^ such 
And such " joint work «^ T\ ^^"^P^»y "^'-^y determine, 
form a claim ind chliJe unon A "^"JP^^'^,".* bonds " shall 
and personal prope>^t7of h^^^^^^ ^"^ ^^^ ^'^^l 

to the claim mdchalZZrZ^,^^^''^.^'}'^^^^^ 

R3,-J r-v - ™ ''"^^^On of the existinp- hnnfl- /-Pi' 






18S1 



Xortheni Railwaij Co. 



Chap 38. 



25 



77///./.-Lpon the nect'.sary authority being ohtained for 
.he issue by the respective Companies oV such "joint workin/r 
and equipment bonds, it shall be the duty of the Director^ 
ol each Company to execute the said bonds to the amoun s 
aboye respect.ye y set forth, and to deposit the same, subie • 
to the order of he said Executiye Committee, in and ^yith 
such chartered bank ^yithin the Proyince of Ontaric, s the 
said hxeeutiye Committee may nominate and direct. 

And th.> said Executive Committee shall have po^ver to 
raise money, from time to time, by the sale, , led-e or 
hypothecation of such bonds, or of any part or par s ther'eof 

^nnlic tin? F^?!; '^ -TV"' sale pledge or hypothecation \r 
St^o 1. \f ^' '^'^ ^'"'V^' ^^ ^^'^ ^-^'^ Executive Com- 
mittee to the purposes aforesaid, such partial issue, sale 
pledge hypo hex^ation or application shall be in a r;table 
proportion of the bonds of each Company as aforenamed 

No'vUL*' ''-' "' T ^^'"'"^'''^ ^"^ thirtV-four pounds of the 
Northern issue IS to sixty-six pounds of the North Western 
issue : and provided also, that the exercise of the po^yers and 
aut^horities hereby conferred upon the said Executiye Com 
mittee shall be subject to confirmation by the Directors of 

^eVf W .rfi'r' ''^^'^^^'\^h^ or in case of their disagree- 
ment, by the Referee, as provided for in the said agreement of 

none o ' fS ""^T'^' ^"^i ''I' ■ ^'^^^ ^^'^^'^^^^ ^"^t^^^- tha 
none of the said bonds hereby authorized, shall be sold 

pledged, or hypothecated, unless and until the same shall 
have been first countersigned by the Chairman and Secretary 
mX! A^/?['^'^ time being of the said Executive S 
^ i,v,; ,r I'^'^'^^^T/"'"'"^"^^^^"^ «"chsale, pledge, 
or hypothecation shall be received by the said Executive 
Committee and shall be used and applied by them for he 
purposes aforesaid, and in the mannei- and to the extent as 
iollows thatisto say .out of the proceeds of the sale, p led"? 

iltlXnrl^T "'t^' aggregate issue of one hundl-ed and 
thirty-loui thousand pounds sterling, to be made by the 

mSee'lLS?"'^""^ '' f'^^^*^'^' *^^^ '^^^ Executive I'om! 
L/r ^^^V.i-^s^'-^'^and apportion one hundred thousand 

ffwrr^^'''"^*' t« th^ «tP*rate use and benefit of the 
to tl^^ NolTr^^' '"^ ^h^" .transfer and pay over the same 
+,JJ. ?r i^?"'^''">'^"^t'^^''^^^»d and from time to 
time, as the said Executive Committee may deem meet and 

hypothecation of the aggi-egate issue of sixty-six thousand 

araforesaS^Vif ' ^^^^-^^^by ^he North WeLern Compa ly 
as aforesaid the said Executive Committee shall reserve and 
apportion sixty thousand dollars, part thereof, to the separate 
use and benefit of the North Wostorn Company, andTa! 
ransfer and pay over the same to the North Wester 
Company on its demand, and from time to time, as the said 
Executive Committee may deem meet and convenient • pro 

vided 



|, 



26 



Chap. 33. 



I^Wl/iern Rnilwai/ Co. 



44 Vict. 



Western Companv •^^I^^u^^'''^'''ri ^"^ ^^'' ^^'^'^^ 
I't'rred -ind .v r W.,- '^^o^''^^a»'' ^he «iime shall not h.- traus- 

«h al Ih" -^^ Cn couh"d r ""ST^'' theHa,nilton Ele " 'or 

North Weston, cSoa V , V't ^^T ' \'^^' 1^^°^'^'^^' «f the 

stock of the Northern T? .X . ' tl ^'^""l^?''^' and rolling 
iocomotive eni e ^; i .i' ' "' \^' Purcha.se of ..u.h nevv 

equipment 01 rhr,-ailwa!T' ? r= ''?'^'' ""'^ ^^^'^^ 

the town of Co lnCoo,rI 1? t^'.'=^tion line of railway In 
ment of the liabH ties n,f T.^^'^^'^y "^ progress.-in the pay 
incurred, hUl^tprovisim.ovr"'' '"^''/^'^ '^'^"^"^^" ^^^^^^V 
the railway .by order o-tI/aiTU''''\' '^"^,^^^"^"^^^"^8 of 
properlvoharo-pLiiT/. •, , ^^^^ Executive Committee, and 

already purchased !nd»!? ^ ^ agreement, as well as that 
Account "aforenamed shT^^ ''' '^ ''Suspense Capital 

movable prSv of the 1<? f ^«"^^d«^*^d additions to the 
expiration^of^'he term in Th. 1''^, ^''"^P^i"^^. and at the 
^ay of June AD Sml, f f 1 agreement of the sixth 
agreement aslnfh!^'^"''^' ^^^ Provisions in the said 

paid in resS tWo/^1 ^" '"'"^'^ ^"^ ^^^ 

dollars per ammm is h^v'h •^^^'^*^^l»8', '-^^ghteen thousand 
charge upon a ?m; t o? ,h/ ^"''^^'^S^ised and confirmed as a 
as defined n the atLmlnt TT^ ^"?u V'^'''^ ^^-^P^"^'^^ 
1879, aforementioned. '^ *^'' '^'"'^ '^"^^ "^ J^'^^^ ^.D. 

property knovvn Vs the T, Lm 'r ' '°'^ ''"^ ^^l^'^"^*^ ^he 

to 



1881. 



Noriherti Railwui/ Co. 



Chap. 38. 



1o the contro ot the said Executive Committee, us in the ..aid 

"InrZli '/l *^^^''^^'^ ^'^y «»' J""^. A.D. 1879, is provided 
n )ega d to the ehnatovs of the Northern Company therein 

slT H^rl";!; l*''^:;'^^^ «l^';^yt, th^t when and so soon as the 
^cul Hamilton Llevator shall have been placed as aforesaid 

fm f nl ?T'^'*''! v^ *^' ''^'"^ ^^'^ Companies and under the 
^Tit} I i^^"'"'^ J'^xecutive Committee, lheE.xecutive Com- 
mittee shall transler and pay over to the North Western 

piovfdeY '""' ""^ ^""'^^ thousand dollars as hereinbefore 

bvlhi^'.^? vi' ''=;:'^^T'^ ^' *^ ^'^ "'iJtn-stood and ac.ei)ted 
by the said respective ( ompanies, and shall operate as a lull 

in" r^t'oT^' f rf ^^""'^'^."^ -•' ^""^^ ^^^^ sufficient rdeae 
hern ^relath o 1 "^'^''''"'^''^ ^^^P^tes and claims between 
vf™i to °^^ '"y '^'^y connected with the matters 

Ssnect ive (• ^''^' "' •'""^' ^-J^- ^^'-^ by or between the 

respectne Companies, tmd its execution shall operate as a 

ev v'difiV^r^ '^f ""^^ claims, and as a settlemen of 
eyiydiferenceanddhspute arising out of or in anv wav 
connected with the said agreement'up to the date heioi' ^ 

S.t'e«</,._Nothing herein contained shall, in any wav 
affect, impair or alter the provisions contained in the sai^ 
agreement of the sixth day of June, A.D. 1879 excep o 
ar as the same are added to or extended hereby ; and al the 
provisions and stipulations of the said agreemen? hi o far 
menf' Til T ^P^'^^'^^^' *« ^he subject matter of this a^ree' 
ment, shall be incorporated herein, and be read and con- 
strued as part and parcel hereof. 

Eighth.— l\ih agreement is subject to confirmation at 
ZUTt T''"'^ ^"^'^^"'= «^" the'Northern spedally on- 
anS Se reta^-v oW'''' '"^•'^^' '''''^'''' «^ »^^« Chafrman 
and Secretary of the proceedings at such meetino- shall be 

conclusive evidence thereof ; and until such confirmation 
and approval shall be first had, the bonds agreed to beTssued 
under the first clause hereof shall not be islued ''^ '''"'^ 

jVin/A.—This agreement is also subject to confirmation at 

the ^Pvtffil^ /S'"n/^- ^' ^^"^'•^"^d for that purpose, and 
the ceitificate of the Chairman and Secretary of the proceed- 
nSn.Z^ meeting shall be conclusive evidence thereof ;S 
iin 1 such confirmation and approval shall be first had, the 
shaniioTbrLl^ ^^^^^^^^ under the second clause hereof 



Tenth.-~i:he provisions herein contained for the issue of 
biich joint w_orking and equipment bonds bv either of the 
said Companies shall not take eiFect, unless and until the 

necessary 



27 



:^? 



i 

t 
I 



28 



Chaps. 38, 39. Norlkern Railtoay Co., S,'c. 4t ViCT 

necessary confirmation and approval for the issue of such 
additional bonds by the otheV Company shall W be 

to b ""sued hv^h ''t V""''"''' ^^^^' ""'^''^^ - ^^^^^^ 
to be issued by the two Companies under this agreement, 

E/eventh.-The Directors of Die saia two Companies miv 
to mal? 2f' '^^^'' amendments hereto as may bV'ocess' v 
legStfon "'"' *^ ^^" '''''^^ "f *^« l^'-^l^^^^^^ 

In witness whereof the said parties hereto have paused 
their corporate seals to be hereto affixed. 

JOHN SrUART, [LSI 

,r . T^r President, H. & NW.K; 
iMAITLAND YOUNG, 
„„ . Secretary. 

FRANK SMITH, [L.S] 

President. 
WALTER TOWNS liND, 

Secretary. 



CHAP. 39 

An Act to remove doubts as to the true construction of 
.see. on we veot-- The Northern Railway Com,>aav 



Act, 1877/' 



pauy 



Preamble. 
40 v., c. 57. 



[Assented to 21.s/ 3Iarch, 1881.] 



TI/' HERE AS doubts have arisen as to the constniPfim r.f 
Rail '^''''^'^^'^ «T"^" «*' '^' A^t known as '' rt i^« 2o 
U ' ^ ^"7?^ "^'A ^^^^'" "^ relation to the ri4t of cer 
t am preferential stockho ders to vote iointlv wif 1, ?l!i ■ T 
shareholders of the said Comply hireh^S^^^^^^ 

^T^f^S^'Z l'^'^ f T ^"^'^ P^-ivairstl^ehoMe 



SSd! as the AcVnas^sed*7n 'lt'1 ^/^^.^"^^^"^^S of section twelve of 

to choice of i"<- .fit-i passea m the fortieth vear of TTor \r.,i«oj^„' 

Director i.y chaptered fiftv-seven and intitiK ^^ 4 I f ^^^^^J' « ^^'S^i, 

private Nnrih^.-^ Tf •; ^ ' mtituled '' An Aci respeclintr t/ie 

U,.r. .f f^'l/'f'l ««'/»^«5' Compan^j of Canafi,-,r that the one I)ii"eck,r 

iltinttZiZ"""'^'^^ *^ r^'^^« shareholder: \:s 
merunsctfoith, was and is to be chosen by the exclusive 

vote 



private 
holders of 
ordinary 
shares. 



^^'^l- Northern Railwuij Co. ,\c. Chaps. 3!i, ^0. 29 

A-otc of tho holders of the original ordinary share capital of 
the s^ud Company, without the vote of" any prelerentiiil 
stockholders or other persons whomsoever. 

3. Notwithstanding- anything in this or any previous Proforentiai 
Actoi the Parliament ot Canada contained, the holders of ^tookhoi.ie.-a 
the prelerential stork of th.; Northern Kailwav Company n:';?'" 
shall, by their exclusive vote, elect one Director of the said ' " 
Company, and the Board of Directors of su.h Company 
shall hereafter consist of .deven instead of ten members ii"i v- ,„„ , 
additiou to the two chosen by the two corporations of the u.recton. 
City ol loronto and County of Simcoe. 

3. Nothing done, permitted, or suffered by the Board of Certain act, 
JMmtors ot the said Company since the eighteenth day of "^ Dir^ctora 
Ivbruary, one thousand eight hundn?d and eighty, shall be °"' '''■'•''"'*^- 
aflected or prejudiced by anything herein contain'ed. 



1 



The 



CHAP. 40. 

An Act further to amend the Act incorporatin. 
International Railway Corapanj." 

[Ai<sented to 21st March, 1881.] 

WHEREAS the International Railway Company have, bv Pre,mbo 
TT their petition, represented that thev are desirous of 
obtaining certain further amendments to their Act of incor- 
poration and of acquiring additional powers in order to 
enable them to extend their railway across the State of 
Maine and Province of New Brunswick to some point on 
the Atlantic coast, and it is expedient to grant the prayer 
of the said petition : Therefore Her Majesty, by and with 
the advice and consent of the Senate and House of Commons 
ol Canada, enacts as follows : — 

1. The said Company may acquire by lease or purchase, Other rau- 
or by amalg,\mation with any other incorporated company ^"y^ "^^ ''a 
or companies, ?ny railway projected, in course of con- tb^to'aa^d 
structioii, or constructed, either in the United States or in '-^ ^^at 
Canada, between the City of Sherbrooke and a point on the '"*°°"'' 
coast ot the Atlantic Ocean or Bay of Fundy, within the 
limits ot the Dominion, or between any intermediate points • 
and in case of such amalgamation the Company thereby AaMi^vma- 
Jormed shall be known by the said corporate name of'^V"'^''' 
he luternational Railway Company, and shall be liable omX 
lor all the debts and shall do and perform all the contracts 
stipulations and agreements which either of the amal- 
gamated 






30 



Chap. 40. 



Inlei-national Railway Co. 



44 YicT. 



gamated companies would have been liable to pay or 
compellable to perform if no siu>h amalffamatior^iad 
taken place; and the Company, after amalgfmaS shall 

an f;'';^'"'^ 'I'-'t'' "" '^' ^^«^^t«' privileges, po ers 
and franchises which any or either of the amalgimated 
companies could or might have and exercise uud^rthe^r 
respective Acts ot incorporation : and such amal"-amatiou 
may be effected in each case by a deed of agn-eS ,S 
with the sanction and approval of the sharelfoldeTof both 
companies by resolntion passed at special meetings the eof 
respectively <.alled for the purpose, accoi ding to Ihei, res- 

ment shall only have full force and effect after a duplTca e 

uTof Sh' ^Tc^'^'l ^l"l-r'!"^ "^ '^' «^««'^ «^' the Seer : 
taryof fetate of Canada, and from and after the date at 

which a notice of such deposit shall l>e published by the 

Secretary of J^tate in th.> Canada Gazelle- md the CoiZ'ii iv 

SecTof 'T^ Tr^ 'J "'^>' ""' ^"^"^ - othen'S^i, 
lespect of the stock, bonds or property of any such railway 

m connection with such purchase o/ amalg^xmation, o • fo^- 
the purpose of facilitating the same. 

3. The said Company shall have power to sell or lease 
their railway to any other company or companies or co o 
rations having power to acquire the same, now incorpora ed 
or formed either in Canada or elsewhere, or to make runnino: 
arrangements with any other railway company ;bu,' 
no case shall such sale, lease or an-angement with any 
other company or companies be valid and effectual until 
after such sale, lease or arrangement has been sanctioi ed 
and approved by the shareholders of the said Company 

th^a[ purp^^^^^^^ ^ '^ ' 'P'"'^ "^''^'"'^ ^''""^ '^^^"^^d for 

sharehoidcr.. ^"^'^^d or contracts made by or with any other railway com- 
pany or corporation or corporations mentioned in the first 
and second sections hereof. 



Powers 
thereafter. 



Deed of 
agreement, 
coiidition3 
aad effect. 



Deposit. 



As to stock, 
bond?, Ac. 



CotnpaQy 
niaystll or 
lease their 
railway. 






CHAP. 



3881. 



Ontario nnd Pncifir Jmi'tUm Rnilwai/ Co. Cha 



p. 41. 



31 



both 



CHAP. 41. 

An Act rc>spcctin.r The Ontario and Pacific Junction 
Kaihvay Company. 

[Assented to 2h7 March, 1881 ] 

the Ottawa ]{iver, south of Lak.- Teniisramino-ue n„d it is .^J 

t^o n^^"' I'r "/ V^'- '''-'^''' ''' '^^' ^'^^^^ Petulon nd oTh V ": 

■or." h' A^ \'^ incorporating the .aid Company : The v- 

iore Her Maiesty, by and with the advice and consent of the 

bonateand Honse of Commons ofCanada, enacts as follows!- 

1. The Ontario and Tacific Juiution Eaihvav Com.v.nv „■ 
herenialter ca ed the Comnanv sri.,11 l.. V-ii ^"^'"I''^")' P'-^'er tocx- 
extPiul tK^iv v., • 1- V'"I''^'iy' '^""ll bave lull power to 'end line 

Nip i,l to TJ' " '"• '\"«^*.h'^^-ly direction from Lake °-'''-^- 
fouthnPllt 7 -convenient point on the Ottawa River 
feoutn 01 Lake leiniscammo-ue. 

2. The Company shall make runninrr arrano-ements with 
and give running powers to any railway com pTnv or com 
panics in the Dominion of Canada (whether incorporated W 
the Dominion or any of the Provincial Legislatures) vvhich 
are now or may hereafter be situate on the lin^or Hues herebv 
authorized or which touch or cross the same! or any hne or 
aredunon-rr*r^^"^y of such lines, upon terms ob 
«El7 ' ^"".Hl^^ runningpowers shall indude all proper 
and necessary facilities in sidings for obtaining fuel and wX 
and generally for the passing and working of^the trains of he 

oToTli>enTan"r ^"""?":= ^^^. ''^' ' -^ th'/acilitie 
so to rje gn en shall be equal to a companies exereisiiio- 
such powers, so that no unfair advantage shS L tiven ? 

S «lTthr^'"^ "^'•^^ ^'''''^'' "^ the use of the said IhL 
and all the powers mentioned in this Act shall be so "i ven 
upon the payment of a reasonable compensat'oi therX 
mavdJi^n and(JeTh'"^^ or companies ^as aforesaid wS 
tTelin^rb^lfi .'""'""= ^'^'^''^'^ and fadlities over 
ffran im lar ru^^ ^ ''"^''">' '' ^'''^'^ authorized shall 

line or Hp, T ^ arrangements and powers over any 
caL^\ T I 'f ^'''""y '''^'^^ «"ch company may own or 

compensation th^X Pov de 'thnfTlf"' '^ ^.^^^««»^ble 
^enUoned in this Act ^^'^ l!::^::^^i:^ZrZ 
company to engage or participate in. or operate u^on or over 

the 



Company to 
give to and 
receive from 
other com- 
panies run- 
ning powers 
and facilities. 



Equal facili- 
ties to all 
companies ; 

On reason- 
able compen- 
eation. 

Facilities to 
be mutual. 



Proviso : es 
to certain 
traffic. 



^i I 



32 



ProTiso : as 
to inter- 
chan^fa of 
Ibrough 
traffic. 



Provijo : ns 
to certain 
companie?. 



Facilities (o 
be afforded 
fcy the com- 
I>any to in- 
clude receiv- 
ing and for- 
warding 
traffic by one 
company for 
the other. 



And all need 
ful accomo- 
dation. 



Chap. 41. 0„Umo and Pacific Junclion Railway Co. 44 ViCT 

or <:ompau,.s ^vh^« 1 . ov n ^ ^ ^ifj""^ '""'T''^ 

•ij' ■^v.^l^.ul 01 untario to any point to wliiph fho r v.v, 
may construct the line as atuhori.cnl >v rVc or bv^Z 
Act incorporating the same ' ^^ ^^"^ 

wh.4 W^ . ^ ' ^"'Z^','' l^"n^o=^^'s of all traffic whatsoever 

r cene, ticket, b. 1, mvoicu and forward the traffic unmi « ,,1 
over Its raihvay from such coi.„ecti„g point t„ or C», I 

oAo .;i;^'X far'^ljl-tZtTr" ^^.^ll^^^ ^'S 
t.nalion accordiiis to the ticket, bill, or iuvotce and in Hk-J 
manner shall receive, ticket, bill, iin-oice a S fonva M ,he 
toltdefr, tl '° " ''5' "'"y "f «"■'' connecting ra Uvav and 

.S,?:l'^C;rd^tT.-^^^^ 

s =riss;!'-™l->^«^^S^f;; 

and by their trains and itherwi^ranrry (Iri^^h atir 



i 



Company not 



_., no. 2 A,Kl the Company shall not give or allow directly or 

;&:ie,o ;; aiy'XV'r^nwr' "■ '^^;""^^S;e to. or to the triffi^ 
y, any other railway or portion of a railway or other 



carriers 



1881. Ontario and Pacific Junction Rnilwa,j Co. Chap. 41. 33 

owtTor'lt'atd^r' '^ '" r^"^r« route, whether a., o..e. 
W ,?»,. n ^^''^'^^''^ ^Y /J>' HI interest directly or indirectlv f^^P*ny: 

or vthich h '''■'■' f """'"' ''''^ ^'""'^ "^' ^t'^ «^^'" ^^'il^vav, 
or unich feliaJl be made over any part of -i vnl»..i,- ,,-^..i 'i 

by or in interest witl, it, nor malj tl::. a y \u c n n' 

chan^dllih SrS±!l r"^' ^'/ "'^^ ^'-^'^"^ inter- T.afficia.. 
mileto-erfltpLfL"^u "'''■* "S' railway at the lowest ^'^ged w.th 
mueage rate lor the tune beiny char-red or receiv.xl Uxr if »v.. other railway 
the carriage of like nv «nnil.^v 1 ^"^ .' "' ,V.^^'^ • <^ '>>' it lor coa. to bo 

part of its°r.,nult 1 ''^^''"^^ °^ ^^'^^'h'' ^^'^'^ ^^*-' same cbarged at 

IMU 01 us lailuay,— which lowest mi eaoe rate sh-ill in „^ 1?«'^" ratei 

4. I'l'ovided that nolhino- herein «;1iall nl.l,r„wu rt 
to acceDt for tho n.jvr;,J .' "^"-'" ^ o'J^igethe Company Proviso: as 
Znl. the carriage ot any such traffic less than its nm »« f*'« o*" 

*. In case the said companies shall fail (o noren unon iIip . v , 
mivi i°„'„rr"f ■: of working or carrying into elfect an'vo" o .^*» «?" 
rroMsioi s contami'd ni sections two and three of tliis Ant ■>"•'"" 
such matters rn difference shall be settled by hrei arW: "'" "■ ' 
S'of7r s',n' "T """^ '° "■"•*• »"-' '° b- Woi ted by 

comn-n vi ?, ^^^•' '^^'^^ '''^'P^"'* ""^^'^^ arbitrator for the 

SdoftL 'fn' ;"? T ''*"'"^8"= ^"^ ^'^« ^l^^i^i*^'^ >'»^l 
auaru 01 tJie said arhitrators nr i i>iai^v,"f-r en 1 n 1 

final and bindino- on fhr'«.U n '^ ^ them, shall be A^ard and 
enforcPfHn «»; .i? ? W ^^^ companie-s, and may be ii^ effect 
Ihrpremises ^ ""' ^' '^^'"'>' having jurisdiction in 

VOL. II— 3 

5. 



34 Chap8.4I, 42. Ontario Sc Pacijic Junction Ry Co.^Sfc. 4lVlCT. 

mrcemer- , ''!, '^'^.'^ I'o^^'''''^. ^''antt'd by this Act to the Com,)anv shall 



Preamble. 



CHAP. 42. 

An Act to a.iKM.a the Acts relutin^ to the New Buuv- 
\vick Kiiilwjiy Coinpiiiiy. 

[vi.s.«e»/e^/ to 2Ut Mfirch, 1881.] 

W^^hv l^^"^ *^'' !\-''' ^'•'""s^vi^k Ka.Iu-nv Company have 



Declaratory. 



^ K|trittr-^rt^«-f^-c 



IS 

of 



Ejtension of 
line author- 
ized to the 
River St, 
Lawrence. 



Power to 
erect works at 
any terminus 
on navigable 
water, and to 
bold vessels, 
Ac. 



(X,?; 7^/^ 9<*mpany may extend their railway of a irauffe of 
our feet eight and a half inches from its present teSu. 

'n the ^^ci;i?tv n/'^M^^^'^'ri" ^^"? ^"^ I^i^i^^« Ouelle or 
k!! ?• 1 ^*^^ either of those places, provided the line 
be entirely constructed on Canadian terri ory • and shall hav^ 

wav and „f „ J ^? "* •''" "V'" «<^"n«ction with the ra 1- 
^^ ay, and at any terminus thereof on iiavio-abie water for 

BubBtituted" ^f '?u Jp"" ^^^^ ^^""t'^i'} ol' ^l^e Act passed by the Leo-islature 

vamAL VrT'^"''''\^\' ^'"' ^^^^^^^^'^i^^l^ Railway Gom- 
Sfor .-^ ^ ''^''^^^'^' '^"^^ *^« ^oWov^r-m^ substituted 



New section 



. 




New Hniftsirir/,- R i/uMit/ C'n. Chap. 42. 



85 



Tht> oiipitnl stock fif 



million ,^,. h;,„„n.a .h„f ilia tH^^Cl^l.^t '^,^^ S£' - 
into thirty-hv.' thousuKl sliir,.s of '\'i'i 

t'iioh." 



Oil.' hmi<lix'(l dollars 



4. The Board of DinMtors of the said Companv shall he r„ , , 
J^m,K>sed oi „o, 1..SS than sev... nor more tha.l (ilWn r..^ Sl^^ll 
laws h'vethe .|a:.lilicatioM provid-.l l,y ih.' hy- 



a. ^^f><\vithstandiniiaiivthins'('ontaiiied ill th.' A.K v..I..( n 

haAe i^ouer to make by-laws (,„•( in.onsisleni wi h the laws '"^''« ''>-■*"« 
t^^i"^ '7 t '• ''Tr'''''' ""^ disposition ol'tl e s 'l^ ll^.t:''" 
hH /h "?/] ""■%"' *h'\<'r'"P>my, d..termiHiim-.n<l re.,.: 
latingthelioldiii-ol spe.n.l meetin-s ol' shareholders, the 



number and 



. .jnaiincnti..n ol ihe Ditvetors, th." (,,„„.uni the 

.pomtn.ent o u President, Vi.e-lVsident and Manao ..• 

rector, or ol (V.mmittees of Directors, the remuneration oT 

he President, Vice-President and other Directors, or ol". m 

mttees o them, or of a Mana.in. 1 )irector if an v be a,>poi,^- 

od, the mode<. voting of the Direct<.rs, and'whether by 

o^'/ "Vr^ '^'' ^?''l '^ ^''''^'''' ''^'^^^^'^ <'f stock, ami 
^'L"l r'^'"' T^ '^' reiiistration of stock and bonds, 
he declaration and payment of dividends and the closin.r o f 
the transfer books, and for the appointment of all offi v,s 



servants and artihcers, and prescribing their respective 

Hl'^ih^'"''^^"^' '^'' «"yMaw passed by , he Dhe tors 
hxing the remuneration of the President, Vice-President or 
Directors, or committees of them, or of a Managing Director 
hall only have force and effect until the nex't moetiiVof 
shareholders unless ,t shall ))e confirmed at such meetin- 



Provijo. 



*• aI^'S'T''''^!""^ Railway Act, 1879," and any Act in 42 v., 

' and at 
• J ., meDts to 

m railway uppiy to 



session of *°"» amend- 



amendment th.;reof passed during the present 

larliament shall apply to the extension of the sai 

hereby authorized, so far as it is applicable to the same " an^ -te^^ioa. 

the_ provisions of the said ^^ Cum.lidated Raihoay ^ J 1870^ 




such repeal shall not affect any 
Validly done under and 
hereby repealed 



. rights acquired or thiiius 
)y virtue of the said enactments 



10 const! net maintain, work, manage and use a railway <'°''''f"'=»<="- 
bndge over the Jiiver t^t. John at or"iear the City of Fred/ '"'^ ""^'^'^ 
ncton, and also a railway bridge across tl.' .Ji.ic Kuer sTrJot" 



— J ". * i>.t»v- over Ki7ei 

said Kiver St. St. John. 
John 



I 
I 



(ii;./on''" ".'.'d' t "?" ''' JV'^-l'^'o'^i^-- i'i the County of 

^Imll so lar us ne.msnry a,,ply to tiu- power lu-ivby giv.;, 
'^r!"^ ,,.^;,;^-;;'<l Company shall not ..onnn..nc.. th- said hrid^o. 
in Council. * , , ']"'.' »>ttf(l to th»' (rovcrnor (i.-ni-ra in Council i)lans of 

u > o s d? ;r;" « •'PjHM-taining. nor nntil tho pla.u 
im Mit oi such l)rid<re shall have bwn aDurovod nf ]!v ih.. 

tWrjit' tS '^^."""Vf "^ ''''-'' -"^'''-- - ho shal n v" 
S^e L ; Lk.Vh^n^i' ^""/^ ^'^ ""l'""" '*^"^hing the ad 

allowed Vxce^^^^^^^^ u on f>, ' "'''" ''">' '^'^viation therefrom 
Conm.il V ^ " ?*^ pmnission of th.' Governor in 

liririKenear „i ,„ . ' 'V ... ' ^"^^^ ^^^ the oroc lon o the hrid.ro 

Power to 
issue mort- 
gage bonds 
to a certain 
amount, 
secured by 
conveyance 
of tolls, 4c., 
in trust. 



Exception as 
to working 
expenses. 

On wint 
aulhorit.v to 
bs issued. 



Form end 
execution of 
bonds. 



in 



Cc 



1881. 



I . 



A>«" Brunswick Railway Co. Chap. 42. 



87 



in sivh maiui.T as th,. sh,„vhol,l,.r,s nl such m.-otiiii.- shall 
Uinvt ; and <.;,. h ol th.' said bonds .shall \w ,vrtili..d bv Ih.' r t .. 
rusto..H m..nt,on,.d in tho .onv.yan..' ex.>,.nt..d t.. N^.ur.> .o'tn-nffi 
n.' pavm.-nt of tlu' same, us boinj? one of th.- b(.iid,s soiuml *• '"' 
ny MU'h (•onvcyaiico. 

.h !n ■» "^'i* *.''"'^"' ■'',• /'^ ^\'^"^'V '"'■'' ''""vyann. shall bo ma do A,,pcintn,..nt 
shall bt' (b'smnatod by th- shan-hohh-rs at tho .said niwtin-' "' in-Ufs 
and tho said <onvoyanc.. may be mado in such form an7i ""'*'"•■ '"• 
ox.'cut.'d in su.h manner as th- shareholders at such m.'et- 
nil? shall direct ; and the Company and the said trustees mav v 
thorein stipulate <,r the liUiui. of any and all va-ancios tha't LTK 
rnav happen in the .said board of trust.M'.s, and also for tho 
'hanomg. from tune to time, of su<;h Iruste.'s and replarin-- 
one or more of th.-m by anothor trustee, or other truste...s ; and 
may also stipulato therein as to who shall have the posso.s- Co„,ii,i ,n, r 
Mon. manauoment and contnd of the said property thorein c.mVt'S^ 
conveyed, and receive tho tolls and income thi>roof, and how '" ''"^'• 
ho same shall be applied and disposed of, while such 
l.ond.s shall be outstanding, as woll before as aft.-r default 
shall bo made in the payment thereof, or of any of the cou- 
pons thereto attarho<l ; and may make such other provisions ,)„„. cn- 
therem, not contrary to huv, as maybe considered noeossary ditu,ns? 
or lonveniont for the puri)oses of such trust. 

th!!- i'V*''V*'"* °'' '^*;'"."'^ ^>"insmade in the payment of Eflect of 
iiu said bonds, or any of tho coupons thereto attached, and "i*'"'''^"- 
ni>on the performance of all things iu the said conveyance 
stipulated and set forth, as being necessary to divest the 
Company of all interest, right of redemption, claim or title 
HI or to the said railway and other property therein convoyed, 
the Company shall be aksolutely divested of all intei-est 
right of redemption, claim or title in or to the said property! 

I.T And whoroas the New Brunswick Land and Lumber 
Company (limited), incorporated under " The Canada Joint 
Stock Umpanw, Art \mr was formed in order to acquire 
.he land grants o the said Now lirunswiok Railway Com- 

.ake and hold shares or slock in the said New Brunsw-ick 

nut ""i! i:"n^' VT^''"^ (limited) ; and the resolution 
of the shareholders of the .said railway Company, passed at 
a special meeting on the twentyeighth day of October last, 
o guarantee to the. holders thereof the principal of and 
interest on any bonds executed by the said New Brunswick 
Land and Lumber Company (limited) as part of the con- 
sideration of the lands so acquired and purchased, and tho 
guarantee of the said railway Company endorsed on the 
fciam bonds in pursuance thert " ' "■ ■ - 



Oompanr 
may hold 
bhiires in a 
certain Land 
and IjunibiT 
Company. 



Resohiiion 
for tliat pur- 
pose con- 
tirtncd. 



are 



hereby 



confirmed. 



Co'mn Jv'o?"r'''!'^ '''*^'*V', "\ ^^"^ ^^'-^ '•^^^^"'g *« the Repeal of 
Company are here))y repealed, that is to say /-section two """in enact- 

•' .raenteofN.B. 

of 



as 



in Act of 
1873. 



In Act of 
1874. 

Saving 
clau c. 



Chaps. 42, 43. New Brunstvick Railway Co., Sfc. 44 Vicr 



Preamble. 



CHAP. 43. 

An Act h, umcml the Act« incoriH.ratii.o- the Mo; tre-il 
Portland and Boston Kuihvay t^onipanj ' 

[Assented (a 'list Manh, 1881.] 

WHEREAS the Mo.itrea], Portland and I'csto.i Railwav 
ty Company, a corporatiou whoso lailvvav }. .1 l ^ 

near the city and construct -i hr«i. h r.ii authority to lay out 

fite- .rack,, o. „s,;; is^^sir^,, ;"t^°t'i5w:'i. '"'-" 



pdwe'ra^f'^he .r,f^ ^J^ ^h^ Hght.^powors, pnviIego.s and franchis^^KivJi.Vh 
company a3 ^^^^ «a>«l Montrea , Tortland fliifl Tin.f^., ', V/*"^"i'^^ which 



3881. Montreal, Portland and Boston Ry Co., Sfc. Chaps.4:3,44. 39 

3. The second section of the Act fortieth Victoria, chapti-r Section 2 of 
litty-eight, IS hereby amended bv substituting .he word ""^ V•^<=^ «« 
'five lor the word "three" in the second lino ol the ''°""'^''*- 
said section : Provided however, that nothino- in this Act Proviso. 
shall have the eifect of reviving the power of the .said Com- 
pany to construct a railway between the towns of St. John« 
and Sorel. 

4 This Act may be cited as " The Montreal, Portland and Short tiUe. 
Boston Railway Act, 1881.'" 



CHAP. 44. 

An vVct to incorporate the Ontario and Quebec Railway 

Com pan}'. 

{Assented to 2\st March, 1881.] 

irrHEllEAS the persons hereinafter named and others Preimbie 

TT have petitioned for incorporation as a Company to 

construct and operate a railway from Toronto to Ottawa, 

passing through or near Carleton Place, with power to unite, 

amalgamate, or make running aiTangements with railway 

lines m the Provinces of Ontario and Quebec, and whereas 

the construction of such a railway would be of great public 

advantage by affording facilities for the settlement of the 

back country, bringing to market the productions thereof. 

and forming, through the Capital of the Dominion, a most 

Valuable lino of communication for national defence, and is 

a work for the general advantage of Canada ; and it is for the 

reasons aforesaid expedient to grant the prayer of the 

petitioners: Therefore Her Ma,jesty, by and with the 

advice and consent of the Senate "and House of Commons 

of Canada, enacts as follows : — 

1. The Ontario and Quebec Railway is hereby declared Dcc'aratorT 
to be a work for the general advantage of Canada. 

T *"?■ il ^; ^lowland, Honorable L. R. Church, Honorable certain per- 
.1. A. Chapleau, C. J. Campbell, Honorable J. Rosaire Thi- sons incor- 
bandeau, Alphonse Desjardins, W. H. Lockhart Gordon, P"***^ 
Ji-. B. Osier, Pierre Garneau, Duncan Mclntyre, A. B. Chaflee. 
E. O. Pickford, Adam Brown, F. X. Archambault, and J. Al- 
deri(> Ouimet, with all such other persons and corporations 
as shall become shareholders in the Company to be hereby 
incorporated, shall be, and are hereby constituted a body 
corporate and politic by the name of the " Ontario and Corporate 
Quebec Railway Comjiany, " (hereinafter colled the Com- "«"-• 
pany) and shall have all the powers and privileges conferred 
on such corporations by " The Consolidated Railway ilr^,1879," 
subject, however, to the provisions hereinafter contained. 



Chap. 44. Ordarin and Quebec Railway Co. 



40 

44 ViOT. 

Line of rail- •• T).,i rv i , 

X'""'- railway, Irom^h" Citv i( S".!! t-.y^^"' «!".?l« ""^ of 



Branches 



Carital stock 
acd shares. 



railway. Irom the City of To" uto ]n , h ' P ' '"'^^'^ ^i"^ ^^ 

ano through the cLvntiro ' YoV OnlTri "' v"^. ^•"- 

Durham, IV'terborough, Ha.stinoN /rl?H„ ,1^'''^ Victoria. 

Laiiark to a point at or neai S>f^ i i ^*''"' ^'"^'^^'^'lac and 

Pelorborouo-h and Perth w Hi f '"'' ^''^ ^^''"'^'"'^ °*" 

line to tne Town ol W^^ Power to constrnct a branch 

the Connty oiCaX on ?o th r r'^.wu'"^^" ^^^^«^^ ^^^'•^"ff'^ 
Ottawa l/ivev at o e^r ] e i L'ln^^^ '"^ ^^ ^^^^ 
vinoe or Quebec, (o eflec a innnV/ ^ > tawa into (he IVo- 
Province, ''^ 'i junction wiUi railways in that 

iu"*tlx!^"vS!^' l^:t.m ^|-^-"P->y.«'-H "ot exceed, 
divided into twenty thox,s,n<U '"'"'^.^^ ^""^'•«' ^^ '>'^ 
dollars each, which amo^^ be "led b^ t, '""''"^ 
hereinbefore named and snnh n/i, . ^ "> the personsi 

as may become sWhold^^'' "';£!"?"' "'^^ ^-I^°-'»tio..s 
money .so raised shall brapn id b, fh ."I-'^'r^^ '"^ ^^'^^ 
payment of all fees exne i« ' '"/^^V"* ^'^'^^*^' ♦^ <h»^ 
Procuring the pasl'ng o? t r'A^^ anJ'f^"'''^"?^"''^ '^'^ 

'"7'^f' F^'"^^' «'^^1 e^tLates ciuK^ted with'tr'^^f '^' 
and al the re,st «nrl vo,v,„.- i 7. ^^"" the railway ; 

applied towardfmn"Tomp;:.?//ri """>^. '^^^^^ '- 
«aid railway, and otherJur^Z oj tii:fet"""''"""= ^^^^ 

bA-Lr^JJl^i;^^^ ^^^--P-y to receiye, either 
or corporations, as aid in the con tmcZ '7.? '^ ^l^lividuals 
any lands in the vicinity tluSrf or 4^.^^^' '^'^ 
either as gifts, or in r)avm 'nV !p\ i ^ '',^'?^'' ^^'^^ Property, 
of the sai^e, and to\^S"tfthe S oTon^^^^'"^^^ ""'^^^ 
lor the purposes of the Comninv n ■^^'''' ""'^'^ Proi>erty, 

sions of this Act. ^^^pany, m .'arrying out the proyl- 

Kttra'nd ,f-?r^«iP-S.Howland, Honorable L R Thn. ^. n 
their power., able J. A. Chap eau. C. J CamS tt Vj"^^^'^^^^"^^- 

Thil>audeau. Alphonse j'esS^ W H^^^^^^^ J- Kosaire 
E.B. Osier. Pierre Garnenn Th,, i ' \\' ,^^1 -^ockhart Gordon, 
M O. Bickford. Adam bTowi? F Y f^^^^'^^?^ ^- ^- Chaffee 
deric Ouimet, shall be and are hp,/'"'^^"'^^^^^^' ^"^ J. A^ 
sional Board of DirectooltLp^'^^ the proyi- 

olfice as sucn un il thTDiLc^nv^ r^'^' ^"^ ^^^" h«l<l 
the proyisions of this Act by thl Ih f t '^PP«i»t*-^d under 
power and authoViTy ^lu^ 4^"^ 
-and the persons so anpointed 11 fin'^''""""^ *^«^'^"'' 
thereupon become and be Ec?^ s of the P ''"'"'''''' ^^^^^ 
with themselyes-to open s ock bll ^he Company equally 

tions for the undertaking^ o cat^L survev/'^^T '^^^^^^'P' 
mqd(^ TM/I £i^--,,i. ' 1° • ^"""e suiyevs ann nlaii" f-^ K~ 

hoWe. f„, the eK.i.o::'irCc?oS;rh'eS«e? .l^-fe 



Comjacv 
may receive 
aid. 



1881. 



Ontario and Quebec Rnilvui,^ Co. Oliai). 44. 



the 



41 



ors. 



7 Whou and SO soon as one-tfiith part of the raniiaK- . 
stock shall have boon subscribed as aforesaid, and one huul ^^^^^^^l 
dred thousand dollars of the amount so subscribed paid into " 
some chartered bank, the said Directors or a majority of 
them m«v call a meetino- of the shareholders at such time and 
place as they shall think proper, givin- at least two weeks' 
notice m one or more newspapers pu])lished at Ottawa, v ,• 
To onto, and Montival ; at which said general meeting '^''""'■ 
and at the annual general meetin-s in (he following 
sections mentioned, the sharehold(>rs present in person or 
represented by proxy, shall elect Directors in the manner 
and qualified as hereinafter provided to constitute the 
hnT.rifti ^^'if *f.^'« ' ?»^ J,he said Directors so elected shall 
^nni ^^^''^\!^1. ^\^ "-'^t Tuesday in February in the year 
lolJowing their election. " ^ 

Tut;d?v l^Vlf" ^"'^ •'^''"''^u^' '" February and on the first Annual 
1 1 J;«hruary in each year thereafter, at the prin- «''""'»' 
cipal office ot the Company, at some place within the Pro- '"''""^• 
vince of Ontario to be established by by-law, there shall be 
held a general meetingof the shareholders of the Company, at 
which meeting the said shareholders shall elect the 

n^'ii?/? 1,^'" ^r'" '"'"'"^' y^^'"' "^ the manner and 
ann .1 i a.s hereinafter provided ; and public notice of such Notice. 
annual meeting and election shall be published for four 
weeks before the day of election, one day in each week, in one 
new paper in Ottawa in one in Toronto, and in one in 
Montreal and also m the Canada Gazette ; and the election 

sb.11 r !K^'\'i h '^>;^^''«t' '-^'^^1 the persons so elected 

shall form the Board of Directors. The number of the v , . 

Directors to be so elected shall l>e settled by the by-laws '^f 

iUnnhiT^^''^ ""^"'^ ^'^ """^ ^*''' than five nor more 

9. A majority of the Directors shall form a (.uorum for n 
the transaction of business, and the said Board of Directors ^"""• 
may employ one or more of their number as paid Director 
or Directors : Provided however, that no person shall be n ,r .• 
elected as Director unless he shall be the holder and c;^vner '"""^"°"- 
of at leas hfty shares of the stock of the Company and shall 
ha^ e paid up all calls upon the said shares. 

l.nU?;'^!''' ^''f *^''' ^"^y- »t "»y time, call upon the share- cdis 
ho ders lor nis;ta ments upon each share, which they, or any atS 
ofthem, may hold in the capital stock of the Company, in 
such proportion as they may see lit, no such instalment 
exceeding ten per cent. ; and the Directors shall give one 
a"Tohit "''*''''' "''^' call, in sxxch manner as they may 

11. The Directors of the Company elected hy the share- 



s on 



holders may make and 



; . -, , ,^ 0-Ttain pay- 

issue as paid-up stock shares in the m^ntsmBy bi 

Company, 



42 



made 



Chap. 44. Onlm 



io and Quebec Raitwny Co. 44 V 



rCT. 



Special 
Keneral 
meetings, 

Notice. 



^Al'XZl wTn?' ^'^I^^'" ^'^^'^"'^'^d f«^- ^>'- "Of. and may allot -uul 
ron^7 took oTraai!:?^^""^-^^,^^ «*' "^^y- PJ^"^ 

shall be uuaSaW^fce'XTr^^^^^ '" ^^^^^""^ '^^-^' 
Coi*a,VSavlfcanel'r'"1' "^ V^*^ ^har.holder.s of the 

after refusrby h^D n^l^,^s ;'^'1^ ^'^ ^^^^^ ^^^"P'^"^ 
thereof, .statin/thnhvlr V^'^i^ V^*' ''^^"^*^ = but notice 
signed by h! Lro m ir;.r'^ r^ '^' "^^^''"^S" is called, 
holders calling tL same L,^/k' Gomx^^nj or by the .share- 
to each shareholder Zrwe'k^h.r^ '^I ^^°i^ "^" ^^^^^^wise 
the said meeting is f'ohTLn ,1^^'''''' l^^ ^^^J' ^^^ ^^'hich 

newspai)ers published ^ ' r "' l"" ^^^^J'^^^ meeting, in some 

promissory note made L a. !f , u^^'V """^ any such 
Vice-Preside t of he rn^ ^"^°''''*«? ^y the President or 
Secretary and Treaur^"^^^^^ countersigned by the 

authority, gene aUr sne^,.! nf "^'"P^^^J^' ^^"^ under' the 

such prom ssorv note or Kilf^f i '-ompany, and every 

presumed to ^have been made'" ''n'' '" "^"^^' ^^^" '^^ 
and in no case sh«l] if J ''''^^' P^'^P^^ authority ; 

ofexchange^iOTsha th/ro iP^ promissory note or bill 
or the Secr'etxrv ««i T "^ ^ ^f 'dent, or Vice-President, 
sible for the tme "^e^ff'T'' ^' i"<lividually respon-' 
endorsed by h m T; tiem 01 beh.'^'f \l T^'^ ^'"'^'''^ ^' 

Proviso as ,0 vicled Wyer^hat^ ^ -^'^'^"'^^^ '"^^ ^"^^^^^ : Pio^ 

bank notes. ^^ authori7e fho P.. "''^^"^f n this section shall be construed 

as the notes or bills of a baS! circulated as money or 

Isi, th '^ JtS^lSlta^ri^rK^bl^l^'' i^ ^^'•^*'^'' ^' 
*u.o.e. ^general meeting to be I^Ul^d^^frtli? S^rro'ttTKiS 



'Oompany 
may become 
pariieg to 
promissory 
■not38. 



purpose. 



-«<— 



1881. 



Ontario and (Quebec Railway Co. Chap. 44, 



43 






purpose, shall have powor to issue bonds made and si'vnod 
by the President or Vice-1 resident of the Company,' and 
countersigned by the Secretary and Treasurer, and under the 
•seal ol the Company, for the 'purpose of raising mouey lor 
prost'cutmg the said undertaking ; and such l)onds shall, 
without registration or formal conveyance be taken and 
considered to be the fust and preferential claims and charges 
upon the undertaking and the tolls and property of the 
Company, real and personal, then existing and at any time 
thereafter acquired : Trovided however, that the whole Proviso : 
amount of such issue of bonds shall not exceed in all the sum fSd' 
of twenty-hve thousand dollars per mile ; and provided 
also, tiiat m the event at any time of the interest upon the 
said bonds remaining unpaid and owing, then, at the next Proriso; if 
ensuing annual general meeting of the Company and at all nTiair 
other general meetings as long as the said default shall con- 
tinue, all holders of bonds shall have and possess the same 
rights and privileges and qualifications for directors and for 
voting as they would have had if the bonds thev held had 
been shares provided that the bonds and aiiy transfers 
thereof shall have been first registered in the same manner 
as IS provided for the registration of shares ; and it shall be 
the duty of the Secretary of the Company to register the 
same, on being required to do so by any holder thereof 



m 



the Company may 



15 And the Company may secure such bonds byB.ndatnay 
a deed or deeds of mortgage exeiuited bv the Com- ^^ secured 
pany, ^vith the authority of its shareholders "expressed bv SLd w& 
a resolution passed at such special general meetin"-- ani ^ay contaia 
any such deed may contain such description of the j^roperty Ss '"''" 
mortgaged by such deed, and such conditions respecting 
the payment of the bonds secured thereby and of 
the interest thereon, and the remedies which shall be enjoyed 
f)y the holders of such bonds or by any trustee or trustees for 
tliem in default of such payment, and the enforcement 
ot such remedies, and may provide for such forfeitures 
and penalties in default of such payment, as may be 
approved by such m^ .ig ; and may also contain, with 
the approval aforesaid, authority to the tiustee or trustees 
upon such default, as one of such remedies, to take possession 
of the railway and property mortoagod, and to hold and 
run the same for the benefit of I he bondholders thereof 
lor a time to be limited bv .-^uch deed, or to sell the 
said railway and property, after such delay, and upon 
such terms and conditions as may be stated in such deed ; 
and with like approval any such deed may contain provisions 
to the efiect that upon such default and upon such other con- 
ditions as shall be described in such deed, the right of voting 
possessed by the shareholders of the Companv. shall cease and 
determine and shall thereafter appertain to the bondholders ; 
and such deed may also provide for the conditional or abso- 
lute cancellation after such sale of any or all of the shares so 

deprived 



Voting 
powers of 
bondholders. 



44 



IV cd to be 

THlki. 



How rflilwBv 

Phall be run 

i 

ohang 

ow 



Chap. 44. Onta, i; and Quebec Railnun, Go. 44 Vkt 

trarv to law or7n fhW -^^ bondholders, as are not con- 
c.e..,v,. „"t,.' ''"V* .«ny chancre m th.> ownership or pos- 




FuriLor 
powers as 
to bonds. 



No repistra- 
lion ofmort- 
KKge deed, • 



Deposit with 
Secreta- , of 
Stale. ■ 



Arranpc- 
ments with 
other com- 
panies. 



Ctria'n other 
'ailways may 
be acquired 



deposit notice shall be given in the C«L,/i rw) ""^ T^l""^ 
Slatf otS Un,, ;. 1'?, ,'"-' " '™« "^oPy by the Secretarv o 
.ho%Jvi:i„S''^f?i1;f.!l'''. Company, i„ acco.lanoe vi.h 

with 






1881. 



Ontario and Qmhec Raihoinj Co. Chan. 4t 



45 



rIIw'^v ^V^^ V^"^y Railway Company, the Groat Western or an,«;... 
Kailway Comimny, the Canada Central Kaihvav Com- "'^-^ «^^i'' 
pany and the Quebec, Montreal, Ottawa and Occidental 
Kailway, or any o them, lor anaalganiatiou with the said 
companies or any of them, or for the acqui.itio.t or leasi, . 
ofthe lines thereof, or sixch parts of the Canada Central Kaif- 
way as may, in the opinion ol the Directors of the Companv 
hereby incorporate ., be made available to establish early an I 
udvantageons through connection between Toronto and 
O tawa ; and may also make traffic or runnino- arranovment. t v 
^vlth any of the said companies ; and (also fol a pS not '^^^^^^ 
exceeding-four years from the date of the passing of this Act) ""^ *" '"^'^''• 

tTe tVrmsS/r^l*'" ''"^"'^^ ''""^*"^^' ■ 1'--^^^ thJ/t PVo.iao. 
tne terms ot such amalgamation, acquisition or leaso are an- ""P'ov-i of 
proved ot by two-thirds of the shareholders, present in lerroi fT'?''^"' 
or represented by proxy, at a special genei-llXli'l^to be ^t 
held lor that purpose, in accordance with this Act. 

20. After the purchase of, or amalgamation with anv p 
such railway or part thereof, the Companrn^a '\wtR '- o?,:^a1. 
ine consent oi a majority of the shaivholdpr* ..»,l ftfter arraaRe. 
aiso with the consent of\ niajority of%hrrJrdtid;rro1 b-Jr^^/e,. 
he companies entering into such arrangement, issue bonds ""^' 
to the extent oi twenty-five thousand dollars per mile ac- 
cording to the actual mileage of the railways of the com- 
panies entering mto such arrangement ; and such bonds 
shall, withotit registration or conveyance, be a first 
and preferential lien and charge upon the whole joint un- 
dertaking of the railways of the companies enterino- into the 
said arrangement, and the tolls, revenues and property real 
and personal thereof, and may be secured by a deed or deeds 
ol mortgage containing the same provisions and in the same 
manner as the bonds mentioned in the fifteenth section of 
tnis Act : Ti-ovided however, that all bonds of the several Provi-o^to 
companies entering into the said arrangement, outstandi i^ l^^.^t 
at the time o the said issue, shall be reckoned Ls part of the '^" ^^ 
said issue ot twenty-live thousand dollars per mile, and the 
said amalgamating company shall only have power to i^«ue 
the difference bet^^een the amount of bonds of the said 
companies then outstanding and the amount required to make 
up twenty-Hve thousand dollars per mile. ^-utomaKe 

21. Subject to the provisions in this Act contained, the Ce-taia 
amalgamating company shall be vested with all the riohts r"^hT^^,i 
tranchises, i)owers, privileges and property that the^ai^l l'*''"i''®^ 
companies entering into th^ arrangelnei\t fo\- amalgaila fon --XV;. 
ha^e, at the lime ol th. sdd arrangement being made, by 
A irtue of .he several Acts lelatingto the said companies ; and 
the amalgamating company shall be liable for all the debts 
duties^ and obligations of the respective companies enterino- 
into the said arrangement ; and no proceeding of any nature 
either by or against the said companies or any of them, shall 

be 



46 



Vibhi tbe 
deed of amal- 
eamation 
may contaic. 



Proviso. 



Efinal rights 
of sbarc- 
boldei'j. 



Powers as to 

telegraph 

lices. 



Bonds may 
be pledged. 



Chap. 44. Ontnrio and Quebec Railway Co. 44 Vkt. 

he abated or discoiitiiiuod by reason ol' the said amalgama- 
tion, but Khali be continued to their natural and ordinary- 
termination as if this Act had never been pasHsod ; and if any 
judgment be rendered therein, such judgment shall l)e 
binding upon and executory against the amalgamating com- 
paiiy, or shall enure to the Ix-nciit thereof and may 1)6 
cnl'orccd thereby, as the case may be. The name of the com- 
panies. \vhen amalgamtitcd, the place ibr the head ollice of 
the Company within the Dominion of Canada, the amount 
of the capital stock of the amalgamating company after the 
amalgamation has taken place, not exceeding the aggreqate 
capital stock of the amalgamating companies, the division of 
such stock among the shareholders of the respective companies, 
parties to the amalgamation, the number of directors which 
the amalgamated company sh>'il irive, and all other matters 
affectnig either the respectiv.* i on ,^anies ibrming the amal- 
gamation or affecting the ai- ilgam, :iiig company, may be 
settled by the deed of amf'-unutioi) Provided however, 
that the jnovLsions of sucha td shall oe in accordance with 
the powers vested in the saiu cci'. ,ny by the several Acts 
atiecting the same or by this Act. 

23. All shareholders in the Company, whether British 
subjects or aliens, or residents of Canada or elsewhere, 
shall haA-e equal rights to hold stock in the Company, 
and to vote on the same and to be eligible to office in the 
Company. 

as. The Company shall have full power and authority 
to construct, work pnd operate such line or lines of telegraph 
111 connection with and along the line of their railway and 
t)ranche6 as may be necessary or useful for the purposes of 
their undertaking; and for the purpose of constructing, 
working or protecting the telegraph lines to be constriicted 
by the Company on their line of railway, the powers 
conferred on telegraph companies by the Act chapter sixty- 
se^;en of the Consolidated C?tatutes of the late IVovince 
of Canada, intituled ''An Act respeclinu; Electric Tele- 
graph Companies " are hereby conferred on the Company ; 
and the other provisions of the said Act for the wot king and 
protection of telegraph lines shall apply to such telegraph 
lines constructed by the Company. 

2J. The Company may, from time to time, for advances of 
money to be made thereon, mortgage or pledge any bonds 
which they can, under the provisions of this Act, issue for 
the construction of the railway or otherwise. 



fSnSsS^ .Jzt ?u' ^i?'*T «*'^,he Company may appoint an agent 

which raay be ;" ^"^ ^"7 ^^ J^ondou, England, and also in the City of New 

JhS'"^ yo'"'^''. ^^ t^^? State of New York, one of the United States of 

Ame'ica, with such powers and to perform such duties as the 

lioard 



1881. 



I 



Ontario and (Quebec liai/wai/ Co. Chap. 44. 



4t 



Board ot Directors may thinV ^ to impose iipon them ; and 
the haul aj?eiits may open and keep books of transfer for the 
j^hares ol the Company and for the issue of share certificates • 
and thereupon shares tlu.t have been transferred from the 
register ol shares in Canada to London or New York or 
rice versa m^y be transferred by th.; liolders at the London 
or New York olhces, and rtre vers,), in the same manner as 
shares may be transferred at the Canada office; and shares Shares m«,- 
originally taken and subseribed lor in Great ]!ritain, and \>^' I^'^l^'^^f 
shares onymally taken and subsciibed for in the United a"' oSe?' 
states, or in Canada, may after they have bei'ii recorded in 
the register ol shares as aforesaid, b'e entered upon the books 
at the London or at the New York or Canada olfire, irrespect- 
ive ot the place where they were originallv subscribed for, and 
certificates b«' issued for them ; and such agents shall transmit 
an accurate list of all the transfers made at their olfioes re- 
spectively, together with certificates that may be surren- 
dered to them, to th(> Serretary or other proper officer of 
the Company m Canada, who shall th.-reupon make the 
requisite entries respecting such transfer and share eertilicat.-s 
in tiie register kept in Canada, and thereupon ihe same shall 
be binding on the Company, as to all the rights and 
privileges ot shareholders, as though the share certificates had 
been issued by the fciecretary of the Company in Canada. 

3C. Shares in the capital stock of the Company may be Transfer of 
traiLslerred in such manner and by such form of instrument «^'"«- 
as the by-huys of the Company may provide, but no 
transfi.r shall become eft'ectual unless the share 
certilicates issued in respect of shares intended to be trans- 
ferred are surrendered to the Company, or the surrender 
thereof dispensed with by the Company. 



27. 



The Directors may, from time to time, make Transfers in 



, ji '■^^E.iM. iiinxr, lu nine, maK« 

such regulations as they shall think fit respecting the 
transfer and registration of shares of stock, and the forms in 
respect thereoi, as well in Canada as elsewhere, and as to the 
closing of the register of transfer for the purpose of dividends 
as they may find expedient ; and all such regulations not beino- 
inconsistent with the provisions of this Act and of the liail- 
way Act as altered or modified by this Act, shall be valid 
and binding. 



Canada and 
elsewhere. 



^H. 



^y^K^^'^'^I ^^'.'*^^ ^'V'^ ^^"^ '■^-*^'' ^»" and after the Power to 
" -- 1 erect SI 

fences. 



JiKst Uay oi November in each year, to enter into and upon ^'•«<=tsnow 
any lands of Her Majesty, or into or upon any lands of anv 
corporation or any person whatever, lying along the route 
or line of the railway, and to erect and maintain snow 
lences thereon, subject to the payment of such damares (if 
any as may be thereafter established in the manner provided 
by law 111 respect to such railway, to have been actually 
suffered : Provided always, that any such snow fences sb 

erected 



Proviso as (o 



Form of ron- 
Tejrance of 
IhucI tu the 
Company. 



Land f(ir 
warehcu3eti, 



49 Chap. 4 1. Ontario and Quebec Railway Co. 44VlCT. 

S Apdr""*' erected shall he removed on or before the first dav of April 
' ■ next following. 

29. C'onveyances of land to the Company for the purpowen 
of and exercise of the powers aiven l)y this Act. made in the 
form set out in the schedule hereunder written, or to the lik« 
eflect, shall be sufUcient conveyance to the Companv, their 
successors and assigns, of the estate and interest, and 
sufficient bar of dower respectively, of all persons executing 
the same; and such conveyances shall be registered in the 
same manner and upon such proof of execution as is 
required under the registry laws of Ontario. 

30. The Company shall have full power to purchase land 
for and erect warehouses, elevators, docks, stations, work- 
shop.s and offices, and to sell and convey such land as may 
be found superfluous for any such purpose ; and the 
Company shall have power to at^quire and hold as part of 
the property of the Company as many steam or other vessels 
as the Directors of the Company may deem requisite, from 
time to time, to facilitate the carriage of pa sengers, freight 
and other traffic, in connection wi*h the railway. 

SM. In order to afford reasonable facilities to the Great 
Western liailway Company, the Qiiebec, Montreal, Ottawa 
and Occidental Railway, the Credit Valby Railway 
Company, and to all other compoaies whose lines 
of railway may at any point or points be connected 
mediately or immediately with the railway of the Com- 
pany hereby incorporated, for the receiving, forwarding, 
delivering, interchange and working of traffic upon awl by 
way of the several railways belonging to or worked by such 
companies respectively, the Company hereby incorporated 
shall, for the purposes of all traffic whatsoever, whether 
passengers and their baggage, including the usual accom- 
modation for express matter, or freight of any description, 
including live stock and minerals, and whether such traffic 
shall originate or terminate upon the railway systems of such 
companies or either of them, or come from or be destined 1o 
some other railway or railways or other carriers connecting 
mediately or immediately with them, at all times receive, 
ticket, bill, invoice and forward the traffic upon and over 
its railway from such connecting point to or towards its 
destination, and deliver any and all such traffic as consigned 
either in final delivery upon or from its own railway, or to 
some other carrier for "further transmission to its destination 
according to the ticket, bill or invoice ; and in like manner 
shall receive, ticket, bill, invoice and forward the traffic 
destined to or by way of such connecting railway and duly 
deliver the same at such connecting p-.uiit to snch con- 
necting railway; and the Company hereby incorporated 

shall 



ReBaonablu 
facilities to 
t)e afforded 
to other 
companies 
as to traffic. 






h 
t 

ti 
S] 



18S1. (hitarh and Quebec Rnilwau Co. Chap. 44. 

^hall aliord to (he (Invvt W^.storu I?ailwav Companv 
he '»*'?;^c Montmil Oltawa and Ocrid.ntal Kaiway' 
tho (redit Valloy JJaihvay Companv, and all such o h,^; 
co,npanu..s having- .onn^ctino- riihvays as aforos i,l ] 
n^odlul accommodation. Ihcilitv and Jonvcnicnco ^ jh 
•stations a un,yth..,r trains an(( otherwise and hy thro .. 
•atn.g. Inlln.o. and tickctinj. for tho promoti.m o M 
>>usnu>.ss and the uitcrchanov ol «udi traf ic • 



49 



} 



2 And the Company hereby incorporated shall" not ".jvo v , 

o^o^'o'lh: i;?m"t'""^"'>^ r'^^^''--'^ - advannli X^^ 
aiuJ\l ll'"" ^'>''. ''"y "^^«'' '-'^'l^vay or portion '-^'^^ R''^^"- 

ot a railway or other carriers' line formino- part „f a cont 
i|nous route, ^vhether owned or operated" b or in inte e 
directly or indirectly with the Company hen-hy i como 
rated or o herwise, oyer the ttreat ^\^^stern ^.ilw • y he 

SrV.d e^l'l^lw'^''""" '"•'^ '^^'^'"''^ ^^^ 'h^ 
Avavt7f!^m ;'"?;: ""i «»y ^uch other connecting; rail- 
L^fh. r thereby: and it shall be unlawlul Restriction « 

lor the Comi)any hereby incorporated to mike i 1 '" ^''^^ '^f' 
It shall not make any greater oJ higher har^e or the ''"'"• 
carnage ol tralHc or any service connected ^yifh the raffic 
Onfr° M ? ^r^" '^''' ^'''■^'' Western Kaiwtyt^^e 
C edit V.^M 1?' • ^''''''"' '-^"^ O'^cidental RaiSy he 
n^v tS tL In '^;' "i!" ""^-'"^^ ''^^'' connecting rail- 
.*S>, • ^"''''* '■^'''"e It 8hall make for a like or 

Mm ar service over ar.y part of its own railway, or which 
shalj be made over any part of a railway work^l byori 

prfrt"'^ ?\«^^-^ -y discrimiLuon: 

nXays: ^'^'^"^^^-^ ''« between any such connecting 

su.^h ^r.,m ^^•';^'°?^'''"y,^'*'''^^y incorporated shall carry all liueforin- 
su.h tralhc interchanged vvith the Great Western liailwiv teJcLnged 

wav aJhi 7 ^^=^!^^^^T' °»- ^''y otIi«r such conne.ting rail- 
way at the lowest mileage rate for the time beino- charge] 

"affic";;:^^ Yh^.' '"■ *^^ ^"7^T ^^' ^^^^'^ -■ -nl^^lar=clas fo 
tralhc o^e the same part of its railway, vvhich lowest 
mileage rate shall m no case exceed the prorata milea-e m e 
oltsS VhX"''^ '"' ^^^ ^^^^=e o/ the lik^oi slmi 
tnUl ^- ''''^' ""''y P'^''^ "^ t^'-^ ^vhole line of railway 

Totjoraty. ''' ''''''''' ''-'''' '""^ -^^^ ^-P-y 1-eW 



4. Provided that nothing herein shall oblio-e the Comnanv p • 
t "ffic'les^r^^^ '' ''"''V''- *^^ -"-^=- of anvS -p-a^n.^not 

ti^^Su;tei:^;a^^r^^?^i° r^r^^. -^siess 

shall be carrierl }w v if ^ ' ^"^ ^^""^ ^* ^^'^"^^ the same ^i^fQ it^ /-'o 

oiirtu ue caiiiea by railway : rata share. 

VOL II— 4 ■ 

5. 



60 



Chap. 41. (hitario ami (^itcbec Ruitirat/ Co. 44 YlcT. 



Praviio : 
ritciliti«e to 
be m>UiiHl. 



5. And provided I'urtht'r, that the Company hoivby incor- 
porated Nhall })(• obliged to I'liruish the facilities and to work 
thronph traffic with the said (}reat Western Railway Com- 
lumy, the (^uehe.-, Montreal, Ottawa and Occidental Railway, 
the Credit Valley liailway Company, or any sue'h 
other connectin<>- company, only so lon-r as the said 
Great Western Railway Company, the (iuehec, Montreal, 
Ottawa and Occidental Itailwav, the Credit Valley 
Kailw!iy Company, or such other company, shall afford t"o 
the Company hereby incori)orated the 'like lacilities in 
Appointment retum. In Cdse the said companies shall fail to agree upon 
in «8eTdi"'J|^^'^''''.'^o'''»«ii»er or working or carrying into etfect of 
agreement, the provisions contained in this section, such matters and 
diflerence shall be settled by three arbitrators, appointed 
from time to time, one to be appointed by each of the said 
railway companies, parties to such difference, and the 
third by one of the Judges of the Exchequer Court of 
Canada ; and in the event of either of the said com- 
panies refusing or neglecting to appoint such arbitrator 
lor the space of ten days after being requested or 
notified so to do by the other company, then the said 
Judge shall appoint such arbitrator for the company so ne"- 
Award to be lecting or refusing ; and the decision and award of the safd 
arbitrators, or a majority of them, shall be final and binding 
on the said companies, and may be enforced in any court of 
law or equity having jurisdiction in the premises. 



Limitation 
of time for 
commence- 
ment and 
completion. 



32. The powers given by this Act shall be exercised by the 
comniencement of the said railway within one year, 
and its completion within three years, from the passing- 
of this Act. 



SCHEDULE. 

Know all men by these presents, that I {or we) {insert the 

natiies of the vendors) in consideration of dollars 

paid to me {ar us) by the Ontario and Quebec Railway 

Company, the receipt whereof is hereby acknowledged, do 

grant and convey, and I {or we) 'Jnsert the names of any other 

party or par tits) in consideration of dollars paid 

to me {or us) by the said Company, the receipt whereof is 

hereby acknowledged, do grant and release all that certain 

parcel (or those certain parcels, as (he case may be) of land 

situated {describe the lands), the same having been selected 

and laid out by the said Company for the purposes of their 

raihvay, to hold with the appurtenances unto the said 

Ontario and Quebec Railway Company their successors and 

assigns {here insert any other dauses, coDenants or conditions 

regutrcd) rad 1 {or we) the wife {or \\i\ es) of the said 

do hereb) bar my {or our) dower in the said lands ; 

As 



1881. Ontario and Qmbcc Itailiffai/ Co., ffc. Chars. 44, 45. 

As witness rny (o^-onr) hand and soal {or hands a.ul soals) 
J^jj^J ''">' o» one thousand ^^i^hl hu.idrod 



Signed, s.'al.'d and ddiwred 
m tht' l)re^t'n'.•.' ol 



A. U. [L.S.] 



51 



year, 



CHAP. 45. 

An Act t.. inr-orpurate the Ncrthcni. N'oith-Wt'.-t.'rn anil 
Siult.Sto. Mario Railway (y)nii)anv. 



[Asse/il';f lo 2Ut March, 18SI.J 



w 



^HEREAS (he construction of an independent lino orPr.»„,>i„ 
♦>, !.• y«'^^-"y ™»»i"ff from the village of Graveiihurst in 
PacmfRSlv ' M^^^^ to Callander Station on the Canadi 
line of ril ^-1^ \^^^ Nipissing, and from a point on the 
Wt. v%'*'^ Canad-u, Pacific Railway at or near 

WharnajMt Kiver on ihe aid Canadian racific Railway 
to the town oi Sault Ste. Marie, with power to the 
SaiTfil^ "jeorp-nat d to construct the same to bridge the 
bault Bte. Mane Ru er, and to connect the railway system 

lnL^''4^'/'''?A'^*"*-°*' '^'- North-western StatJs of th™ 
United States ol America, open to all the railways that could 
connect th.-.-with, and affording equal traffic fad] fies to all 

Canadian I'acihc Railway to the waters of the Upper Ottai". 
would be of general benefit to the Dominicm and whereaJ 
a petition has been presented for that purp o. and it is 
expedie, t to grant the prayer of such petition : ' Therefore 
Her Majosty by and with the advice and consent of the 
^enate and House of Commons of Canada, enacts as fol- 



As 



I. The Honorable Frank Smith, of the city ofToronfn n 

mercha)it, Senator of the Dominion oV('.,nri., "1 1 ^^'^"'«' Certain 
nffliorsf.w^rrr u ^"iimiion oi i anatla .Adam Brown, persons in- 
ot tlie Cit> of Hamilton, merchant ; Noali liarnhart, merchant ' «"^f«™t<«J. 
the Honorable Alexander Morris, M.I>,P • ])'Alton McfwLv 
M.P.. and Frederick VV. Cumberland; lUrral of fh^^ 
City of Toronto; .Tobn Stuart, merchant ^oh Proctor 
raifway contractor- A T "\v--i i """'i i locioi, 

Turner in^v.^!, f-'i.' n ^^ ""^^' '"^rcl^'inL ; Alexander 
iurner, me chant; E Gurney, manufa-turer • William 

eiidric, railway contractor ;" M. Lcggatt. niei^hant ' 

1 . D. Dayfort, merchant ; Tliomas Robertson, M.P Q C. ;' 
^ Francis 



►!'. 

')!l 



Corporate 
name. 



52 Chap. 45. .V, N.-IV. and Sn/>!f Sie. Marie R,/ Co. 44 VlCT. 

Francis Edwin Kilvert, M.P. ; Brittou B. Osier OC- 
James Turner merchant, and Alexander Mrlnnes, mer-'- 
chant, all oi the City of Hamilton ; C. W. Buntinn- M P 
newspaper publisher ; Samuel Piatt, M.P., Esquire fjaraes' 
Beaty, J umor, MP, Q.C. ; O^ FArcy Boulton,' barriste " t- 
huv . FrcKleriek W. Strange, M P., physician ; John Fisken 
merchaiit ; WilUam B. Hamilton, President of the Board of 
Irade of the City of Toronto, meivhant ; William F 
McMaster, merchant; AVilliam Thompson, merchant; A 
V;:Jrxv ir'''^'"!'„.^^'^'^'f"^ I'^^*^' "I'^vchunt ; Alderman 
O'K P 1 '' ^^^"^^^1^1'- ^"carth, broker; Eugene 
Olveefe, brewer; the Honoral)le John xMcMurrich 
merchant ; It W Elliott, merchant ; Alfred Buultbee, M.P • 
Alderman A. II. Boswell, and Robert Hay, MP., furniture 
manutacturer all of the City of Toronto ; Thomas Arkell 

Jfww t'.^Tt'' ""^.f.^- ^'^^^"'^ : Timothy Coughlin, MP.,' 
ot Offa; I) MacmiUan, M.P, of the City of London 
bamster-at-law ; S. R. He.sson, M.P., of the Town of Stratford' 
HI the County of Perth; William O'Brien, of the Township 
oi Oro, in the County of Simcoe, farmer ; William 
Carruthers Little Ml>., of the Township of Innislij. Esquire 
Thomas Long-^ M.P. P., of the Town of Collingwood.' 
merchant ; Charles Cameron, of the same place, steam- 
boat owner; George Moberley, of the same place, barrister- 

wiT ''^'^^^l>^^ ^- ^'^"^^'^' ^-P- «f Woo Jbridge ; John 
White, MP of Roshu ; Alexander Robertson, M.P.R of Belle- 
ville ; and Arthur Rankin, of the Town of Windsor, Esquire • 
together with all such persons and corporations as shall' 
under the provisions of this Act, become shareholders in the 
Company hereby incorporated, are hereby constituted and 
" Tl f M ?v XT body corporate and politic hy the name of 
The Nor hern, North-Western and Sault Ste. Marie Railway 
Company, (hereinafter called the Company,) and shall hav"e 
u f 1^'°}^'^''' V^"^ privileges conferred on such corporations 
by • Tlie Comohdated Railway Act, 187!)," or any Act relatino- 
thereto which may be passed during the present session 
of I arliament, subject, however, to the provisions hereinafter 
contained, 

wirmayt'- o ,?• ^^'' t,'onipany and their agents and servants shall have 

built. iiill power and authority to lay out, construct, complete and 

operate a double or single line of railway, of four feet eioht 

?i v'Ti"^^ V^'^M*'' ^'^""^^^ ^^'^"^ ^ point on the line" of 
the Northern Railway of Canada at or near the village 
of Gravenhurst, in the District of Muskoka, vid 
Bracebridge, and thence through the Districts of Muskoka 
and Parry Sound to Callander Station at Lake Nipissing on 
the Canadian Pacific Railway, and from a point at or near 
the point of intersection of the Wharnapit River by the 
Canadian P.acihcRaihvay, through the District of Algoma to 
the Town of Sault Ste. Marie, in the District of Algofna, and 
from some convenient point at or near Callander Station 

aforesaid 



;'^ 



1881. 



.V, N.-W. and Sau/t S/e. Marie Ry Co. Chap. 45. 



58 



afoiesaul on the Canadum Tacific Kailway, at or near Lake 
n^T'lf" *%uf '^'^•^'^- Ottawa at or near the Long Sault, 
on the Upper Ottawa, or to some convenient point in navig^ 
able connection with Lake Tomisoamingue , and shall have ,,., i , 
ul power and authority to lay out, construct and complete' """ 

as an extension of the said firstly mentioned line of railway 

MnS ^''Ju ''"'^ ^^T "^^^ "^'^"' th*-^ Town of Sault Ste. 
3Lu le to the navigable waters of Lake Superior. 

3. The Company shall have such running powers over the p • • 
unctff '^^ Canadian Pacific Kail way from the point of To ^S^^ 
..iinction at or near Callander Station, to the point of unclion P°^"«- 
at or near Wharnapit River, as have been or may be ao-reed 
Jipon by the Canadian Pacific Railway (Wpa/y ancT the 

Sm^TT* '^ -^""^^'^V \ P"^-«^^«"<« of and Lider the 
BilTi ''"^^,PJ-«7,sion« of the resolution of the Board of 
Directors of the Canadian Tacific Railway Companv which 

autE;;^of\'r ^ '"^"^•^ ^ i? '^^'^ ^^*' -^^ -'^i-* to the 

St nnTn^^^^^^^^^ "' ^^'^""^ ^'^^ *« such conditions, 

Ol^^mor in Council"" "'^ "'^^ '^ ™^^^^''^^ ^^ ^^'^^^^ ^' ^^- 

4. The Company shall have full power and authoritv to r m 
an^l?;: ^"d/«»«truct. complete, maintain, work, maiVage h'^t'L, 
and use a railway bridge over the River Ste. :\Larie from ^^ '^"'"• 
some convenient point on their line of railway, to connect 

i^triJ TF "^ ^^'^ ^^f' °^ Michigan one of the 
LInited states of America; and the sections of " The Con- 
whdated Raihvay Art, 1879," or of any Act relatino- thereto 
of '« Powe ?'' ^ Pl'"^ '''t^i "^ Parliament, under the heads 
Viln.tTn. '' ' ^ ?""' /'"^ Surveys," and " Lands and their 

_ 5. The undertaking hereby a^nhorized shall be divided,- , ... 
mto two sections, vvhich shall be known as the " Railway dS"' '"^ 
Section and the " Bridge Section," respectively. The rail- p.-, 
way section shall consist of the lines of railway which the slc^ 
Company is hereby empowered to construct and operate 

?,f ^'V'^S''' ^" '^' '"^^ ^^*"^^^'' Pl«"t and equiprSents 
and the bridge section shall consist of the brid-e over the r m 

a^Jnl fnt -t^"". "^^ i'\ -V^^-o^^^^^, and all thelSn '; ^ ''- 
and pi nt thereo ; and the capital account, tolls and reve- 
nues ol each section shall be kept separate and distinct 

«■ The Company shall not commence the said brid<.e or pi . 
any work thereunto appertaining, until the Compa y shaU birb&J," 
have submitted to the Governor in Council Plans of cfi.j! .'° «°^"'""- 
bridge and of all the intended Ar-^T - *1 } ? ■ - " ^'°"''<'" 

7inr iinnl fl, .,.1 i»^' Mea A\ orKs tliereunto ai>pertain ng, '"<• approval. 

approve bv tTr""'"'^ ^'^"^ ^^ ^ ^"^^« shall have been 

1 he sh ]] h^v^.l T/'r'/r ^^^^"^^^' '"'^^ «^^^'h conditions 
as he shall haAe thought fit for the public good to impose 

touchinsr 



1.-! 



64 



n 



Draw in 
bridge. 



Lights. 



Certain ar- 
rangements 
may be en- 
tered into aa 
to such 
bridge. 



Chap. 45 N., X.-W. and Saun St. Marie R'>/ Co. 44 ViCT. 

touching- the .said bridge and works sliall have been com- 
P led with, nor shall any such plan he altered nor anvde 
vmtion thereh-om allowed except upon the p nnt on oHhe 
Governor m Council and upon such conditions as he shall 
impose : Provided ah^-a.vs, that if the said bridge be placed 
over the said ri ver at a pface where the same is navSable 
1 shall be constructed so as to have one draw in the main 
chamiel of the river, which draw shall be of such whi h a 

Sve rr"; H "' ^^T''\ T^ ^l«^*^rmine, and shall otherwise 
give free and unobstructed passage to vessels of every des- 
cnption navigating the said rive?; and the said d a7shal 
at all times durino- the season of navii-ation be ken one, 
except when actually required to be closed ibr the pas a^ 
o railway trains, and shall be otherwise tended and move'd 

sarily the passage of any vessel. From sundown until .sun- 
nse during the season of navn>ation, suitable lights 1 all b. 
^Z'^^^ZV^''''' bridge to guide vessels approach 

7. The Company shall have power to unite with any other 
company incorporated, or whi.h mav be in.orpo ated u^ d!r 
and by virtue of the laws of the Uiiited States c^ Am ica 
or of any of the said States, or with any body politic or con 0?^ 
ate, in building the said bridge and apJiSes and in 
maintaining, working, managing and using^the same and to 
enter into any agreement ^vith such compain^ or rrporation 
respecting the construction, maintename, mLiao'Snt and 
use thereof ; and it shall be lawful for th^ Commnv^o levv 
and collec rates, tolls rents and compensations' lor the use 
of the said bridge and its approaches, and to hypothecate 
pledge and appropriate the receipts derivable "f-.r such 
bridge, alter payment thereout of the other uorkb,.. pv 
penses and the cost of maintenance, to the i^ymen 4> ui 

deH Lf /^1 ^rr^''^^- ""? ''''''''' «^ =^">' bind, security or 
debt contracted for or in the construction'thereof ortoaC 
that the interest on su.h bond, security or debt shall form 
part of the working expenses of the railway. 

neS^raii- reaVlbrTX 'nV'^ railway bridge is completed and 

wajramavuse f ^^7 ^^^ traffic, all trains, locomotives and cars of all rail 

suchbn/ge ^;ays conne. ting with the same, either in Canada or T^e 

United Sates now constructed, or hereafter to be construct! 

ed and also the rains, locomotives and cars of all com pan es 

with?he\!;i.'^'^-r""'^* ^^'^^^ any company so ZnlcVn'g 
^^ ith the said bridge and its approaches, shall have the riah? 

o use the said bridge and its approaches at co iespondf„i 
tariff rates for .the persons and property, includ' ng ?ha ol" 

he Company, which may pass over the said brid8^^ so tha 
no dis,M-imination in tariff for such transportation shal be 
made uH.vor of or against any rail way, includmo. tie railway 
ot the Company, ^vhose trains, locomotives or cars may pass 

over 



ftt corres- 
ponding 
tariff rate?. 



1881. 



N., N.-W and Suvlf Ste. Marie Rij Co. Chap. 45 



63 



-over the siiid bridge, under such regulations for the use of Roguiat'ona 
the said bridge as may, from time to time, be made, which ^^ besu!> 
shall, before the same are put in force, be submitted to and Governor iu 
approved of, and which may, from time to time, be revised GonnaW for 
^ftev notice to the Company, by the Governor in Council ' *»''P^'»^«i- 

O. Tolls for the use of the bridge shall be, from time to Tolls to b^ 
time, hxed and regulated by the by-laws of the Companv, or bv fi^ed bv br- 
ibe Directors, if thereunto authorized by the by-laws, or by |^i^^'°'"°'''^'- 
iha shareholders at any general meeting, and may be de- 
manded and received for all trains, locomotives and cars, and 
all passengers and property transported thereon, and shall be 
paid to such persons and at such places near to the bridge, 
in such manner and under such regulations as the bv-law.< 
direct : 

2. Ill case of denial or neglect of payment on demand of Ho«par. 
any such tolls, or any part thereof, to such persons, the same '"«"' onoiij 
may be sued for and recovered in any competent court ; or fo?ced^ '"" 
the agent or servants of the Company may seize the goods 
lore ': respect whereof such tolls ought to be paid, and 
<le< :ao same until payment thereof ; and in the mean- 
in . .e said goods shall be at the risk of the owners 
thereof : 



3. If the tolls are not paid within six weeks, the Company when it toUi 
may sell the whole or any part of such goods, and out of the are not paid, 
inoney arising from such sale retain the tolls payable, and all twined'^may 
charges and expenses of such detention and sale, rendering besoid. 
the surplus, if any, or such of the goods as remain unsold, to 
the person entitled thereto : 



or 



4. If any goods remain in the possession of the Companv when aooda 
wiciaimed for the space of twelve months, the Company may unclaimed 
thereafter, and on giving public notice thereof by advertise- ""^^ ^^^oii, 
ine-txi for six weeks in the Official Gazette of the Province in 
-which such goods are, and in such other newspapers as they 
<leem necessary, sell such goods by public auction at a time 
and place to be mentioned in such advertisement, and out of 
the proceeds thereof pay such tolls and all reasonable charges 
for storing, advertising and selling such goods ; and the 
balance of the proceeds, if anv, shall be kept by the Com- 
pany lor a further period of three months,to be paid over to 
any party entitled thereto : 



Proceeds 
liow dealt 
with, 



5. la default of such balance being claimed before the ex- fiow balance 
piration of the period last aforesaid, the same shall be paid to be tfisposei 
over to the Receiver General, to be applied to the general "'' 
purposes of Canadti, until claimed by the partv entitled 
thereto ; 



I] iM 



66 



Toll?, how 
raised or re- 
duced. 



Table of tolls 
1o be stuck 
iip in offices 
or cars. 



Chap. 4.5. N., N.-W. and ^ouH^te. Marie Ry Co. 44 Vic T. 
«ts of ,he umlertakmg ; tat ,h?L^„' ' X Ln I >a S 

7. The Directors shall, from time to time print a-ul kH^V 
np or cause to be printed and stuck up Tn'the o fice xnd u 

amUed h, ,, f-pNo colls shall be levied or taken until approved of hv 

the Governor ^^6 aovemor in Council, nor until .rfter twn w ni i i ,^ 

m Council, cations in the Camdn G'flJ^^ot^t wL f 7i^'!'^^'" 

.uch tolls, and of the Order in^cSU^Jl !:^p^i^?J;S:^ 

iw ment^'d'^L'^theVwr^^Y^ '^ substituted for 
Council remains unrovokey:''' ^'"= "' ''^' ^^■^^^^" ^" 

menTnTayt" J^ ^^'? Miameut of Canada may, from time to ti.n^ 
duce tolls. reduce the tolls upon the brido-p KnV ,w -lu x ^^^' 

Minister of PubHc Works of b! "''^1^^' "^^^« ^^ ^^^ 
pended by tl e Comnanv fh/ . • '"'^'''''1: '•'^^'^^'*^^ ^»« ^'^■ 
connectiofi M^th TSidi for Vh^''""' ^^"^,"" ''''''''' "^ 
found to have exceeded ten n. ^^'- ^^^^^ th«» last passed, is 
actually expended ^'' ''"'• "^^^^ *^^« -^^Pi*''! «« 

Ey-laws im- IJ Afn Jur.l.i-.- „c iu /-^ 

posing tolls, ,^ ,■ . "y\'""V 01 the Company bv which nnv tr>llc. o.^ 
Ac, tSbea'p. to be imposed or altered or bt. wWl, ^^x '\'^'^*^ 

proved by the than the membm-^ ^ffi "^ ^ "^^" ''^"^ P^^ Other 

GoTernoriu • '"^™oeis, othcers and servants nf ihi n 

Council Pany '-ire intended to be bound "hall wt J- ^ ^^'*^" 
until the same has been .^,. ' i ^^?^^ ^''^ ^^^'^^^'^'^ ^ft^^^t 
Governor'n Council : ^^ "'''^^ "^'^ sanctioned by the 



Capita! dc 
fined. 



1 .6^. 



The said vrord 



means the paid up stock and 



capital' as used in this section 
ire capital of the Company, 

with 



1381. .v., X,.w o/,(l Sanit S(e. Marie IV y Co. Chap. 45. 57 

T'^^jA^r^t '-^^^t'^^'"' ^^^^^■'''^^•^ ^^"""8- which no dividend 

a^n b 'o fh f r^"'^"" "^''^' '''^''^''' '^'^^^ bonuses and of 
an> debt of the Company contracted on the pledoe thereof 

10. Tu case the State of Michi<.-an or the Uniied Sf.,fn« r • • 

s " fo^ S^^ ^I?^-^^^ ^r: ^^- appointment of a^^it ^"^^1^ 
f hp .if- '*^=7'f *'"?• the working of the said brid-e, the use '"""''^'^• 
etti,f.'"^.;r^ <ompensation to be made therefor, and or 

ment of d/A^^ry- "''''• "' ^"""^"^ *^>'" "^ ^he appoint- 
t^intln w^''"'"'''''^^' ^'^ ^"^'h terms as he .shall 

oers ot the said Commission ; and n the event of anv siieb 
appointment, the said Commission shall have thj p^owers 
sions^f Hr'""'w^'^ '^' ^-^^'^"^^^ "^ '^'^^^ and th'e ded! 
tTeextL t to? V w!?'''^"'' ^^^"'^ b'^fi"^^ and conclusive to 
virtne nf 1! ''^- ^^'^ '","'''^ ""'^ ^^^^^ '^"^^ Conclusive bv 

^Irtue of the provisions which may be made by the St-ate of 
Michigan or the United States of America. 

Shan 'h^v I'l ^^^ ^^l"^ ^"^"^^ '^^" b^ constructed, the Company v,.ssels may 
navi^^. J. ''"'^ f "''?"^' P"^''^'^^«' ^"harter, owii and be^ei^l^J 
n\?rin / '^''''' ^""'^^^ ^"^^ 't«^^»" "^n^l other vessels, for the "'"*■ 
SZe'rsTT"' '^' said River Ste. Marie, and of carrying 
hall X In ^''''^' T' ^^^ ^^"^ '-^^""^ = '"^d the Company 
and ;?.HJ:f ■"' ^"^ ^?"«truct, purchase, .-barter, own 
Wilis nr^^t ^tf''"" '''''*^^' "'^^ ^^'^*^'- ^^''-"ter craft on the 

.S^rV^f ""f trathc in connection with the railway and 
Sie or lin To? fr'"' '"^ "^f"' '''?' ^^--^--ents ^it'h any 

tio!i"nine1f " r/ '' ^!;! .^^-Tf /^^ .rS'^^^^ --•''-"•^^ by sec- Additional 
anv aI/ 1 ,• ^'^\f(''^^''l><fattd Railway Act, 187'J," or of Po^«"«s to 
any Act relating thereto which may be passed dm- n- '*°''^- 
Inythnirttr""'^ of . Parliament, le. notwith tam g 
anything therein contained, the Company may, without 
he assent ot the proprietors thereof, acqu re for the pur 

h^ht'':f"^i^''',''^^"'^ on tL sides o/or'aCg 

inc line ol the railway, wherever it niav be needed 

tLal brTad^'of f -°-d"tt /ences or barriJrs, tchldd f- 
as to n,lvpi^ i '''"k^/' "?'y he requisite and ne<-essary so 
as to pieAent the obstruction of the line bv driftino- snow • 
and the sections of the said - C«..-o//././//i^S '''";,' 
1879, "»der the heads of "Powers," " Plan.s andSurve^" 



and " Lands and their Valual 



apply to the additional 



y; 
ion," so far as may be, shall 



powers hereby given 



13. 



«8 



Provisional 
directors and 
their powers. 



Capital stock 
and shares. 



Chap. 46. .v., N.-W. and l^avH Ste Marie Ry Co. 44 ViCT. 

shJll' 1?'^ ^T'"''";' "'J'"*''^ "' ^^^ ^'""^ «^^^'tioii of this Act 
.shall be andare hereby coiLstitutt'd Provisional Directors of 

K ii^v.''?i"'V/ ^^^ '^^'^"^ t^^'^'^^*^ -^l^all be a quorum) and 
shall hold ollice a.s such until the first election of Sec'oi^ 

Z^" t''- ^^' I^rV^^""^^ ^'''•'''^'' «^-" have power 
stock for the undertaking, and to re.eive payxaents on 
accoun of stock subscribed, and to deposit in u/y cha r ered 
^to k snb^'"t^', all moneys received by them on account o1 
«m .V f i '"^ ^V"^ ^° "''"'•^ ^"^■^'•^y^ '^»d Pl*»« to be made 
belf nl ; '"^ ; and upon a sufficient subscription of stock 
meTt1n;Jnf'';^^^^^''?.""""'■ I^^^^-id^d, thev shaH call a 
of Sors! ''^"■■^^^'■■'^^^^^-^ ^f the Company for the election 

14. The capital stock of the Company shall be two 
mimons ol dollars, to be divided into shared of one h^ndr^^d 
dollars each; ana the money so raised shall be applied in 
the first place to the payment of all fees, expenses and dis- 
buisements lor procuring, the passing ol this Act ; secondly 
for making or acquiring the surveyl, plan, and estimate's 
connected with the works hereby authorized ; and all the 
remainder ot such money shall be applied to the making 

!nS nt^'""' ^''"P^^t^"/ and maintai .ing of the said railway 
and other purposes of this Act. ^ 

oj'siia'^ehok? , **^- Y^f'^ ^"^ ^^ ^^^^ as shares to the amount ot two 
hundred thousand dollars in the capital stock of the 
Company have been subscribed and ten per cent, paid 
thereon, the Provisional Directors shall call a general meeting 
ot the subscribers to the said capital stockfat the City of 
Toronto, lor the purpose of electing Directors of the 
Company, giving at least two weeks' notice by public 
advertisement m the Q,r,a,la GazeUe and in a newspaper 

tZ C? V of- V^'u^'^' 1 ^^'^-^^^ ^"^ "^ <^'^« publirhe'i^fn 
meedno- "^"''^^*'"' ^^ *^« "me, place and purpose of such 



Et officio 
directors. 



meeting. 

and^"h J W ^^''^^'''''p ?l ^^^ ^'''^' °^ Toronto and Hamilton 
and the Warden of the County of Simcoe shall be ex-q/ficio 



Directors of the Company, 



Board of 
directors 



Quorum. 



IT. There shall be twelve Directors, exclusive of the 

Sier'wlth't)^'" "' '^' last preceding section named, who! 
together with the mayors ol the said cities and the warden of 

of who, r""*^ ' «h'^ i"i!^^^^S'" *^^ ^^'' «f the Company, and 
D^rir '"''"'' '^"" ^' ^ ^"^^^^ = ^"d the said Board of 
Directors may employ one or more of their members as paid 

*l^^,^«tor or directors; and no person, except the mayors of the 
Qual,ficat,on. said cities and the warden of the said covuity, shafl be quah! 

i,r<; nf ll w "^ a Dnertor, unless he be a shareholder hold- 
ing at least twenty shares of the stock of the Company 

absolutely 



. 4-1 Vict. 

i' this Act 
)irectors of 
rum), and 
I Directors 
ave power 
riptions of 
latent s on 
chartered 
account of 
be made 
n of stock 
all call a 
le election 



be two 
! hundred 
ipplied in 
and dis- 
secondly, 
estimates 
id all the 
' making, 
railway 



t ot two 

of the 

nt. paid 

meeting 

! City of 

of the 

public 

wspaper 

shed in 

? of such 



[amilton 
ex-ojficio 



of the 
?d, who, 
arden of 
ny, and 
Board of 
as paid 
s of the 
e quali- 
?r hold- 
)mpany 
olutely 



1881. N., y.-W. ami Sa„ll Sfe. Marie Ry Co. Chap. 45. 

absohitely in his own right an.l is not in arrears for anv 
calls made hereon. Tho Pre>ident. Vice-rresident and a 
majority ot the Board of Directors .shall be British subjects. 



59 



J.S. 



At the lust general meeting the shareholders who Klectior. of 
fu ^u I, ?^ Pfi- cent, on the rapilal sto.k subs, ribed bv J'^«^''^"- 
them, shall el.nt the Dir.vtors, who shall hold offi.e until the 
nrst annual general meeting thereafter. 



^P.'nn^W%'"''?^ -'."'r^^ "''•'!"'"' '^'^^^^^ ^'^ Golden on the Annual 

second Wednesday ol the month of Fe])ruary in each vear or k^"""*' 
Mi.h other dayas tln.Dircrtorsmay, by by-law from time '"""^ *-'' 
to ime, ena,t, at th.' City of Toronto or at the City of Ha- 
milton, notice of which and of the holding of anv o-ene- 
ral meeting- of .sharehol-'^MS (all of which meetings shaH b,> 
holden at the said Citv of Toronto or the Oitv of" Ilamilton. 
as the Directors may from time to time by by-law direct) 
•shall be given by publi.- advertisement inserted in the 
\l''''''^» Gazette and in a newspaper published in the 
Li y of l«)ronto and also in a newspaper published in the 

f ^vf ^t v''^"""^ ^* ^'■"''^^ *''■« weeks before the dav named 
lor the holding of such meeting ; and in the said notic shall 
be specified the particular place in the said City of Toronto 
or Jlamiltou where such meeting is to be held. " 

.f ??' Jl^° ?" ^^-^^l^e made for more than ten per centum caiUoa 
fu •i.i.? ^"^'' "'^ ^^*^ amount subscril)ed, nor shall more ^'^ck. 
than fifty per centum ot the stock be called up in any one 

year. ^ 

hnh^'J^'' Dn-«?ctors of the Company elected by th- share- Certaia nay- 
lioKleis may make and issue as paid up stock shares in the ««>»'««>»/ i'« 
Company, whether subscribed for or not, and may allot and Ttult''^ 
hand over such stock and the mortgage bonds of the Com- 
pany in payment of right of way, plant, rolling stock or 
materials ot any kind, and also for the services of I'ontractors 
engineers, and other persons, whether Directors or not, wh.) 
may have been, are, or may be engaged in promoting the 
undertakino^vnd interests of the Company ; and such issue and 
allotment of stock or bonds shall be binding on the Com- 
pany, and such paid up stock shall not be assessable for 
Cell is. . 

rnm^n;,i'^''''''i ^^''T} '"'''^"^"' ^^^^^*^ .shareholders of the special 
Company may be called at any time by the Directors or by R^^'^ra' 
one-fourth part in value of the shareholders of the Company •""'"«'• 

thereof stating tlie object for which the meeting is called 
signed by the Secretary of the Company, or by'the share- 
holder, c^lhng the same, must be sent by post or oth erwise 
to each shareholder, three weeks before the day on which the 
said meeting is to be held, and must also be inserted once a 

. week 






60 



Chap. 45. y., X.-W. and Sauli >7e. 31arie Ry Co. 14 ViCT. 



! I 



wet'k for four weeks ]irt'vious to the said meeting-, in some 
newspapers published in Toronto and Hamilton. 



may beci.me 
parties to 
promissi^ry 
notes. 



33. The Company shall have power and authority to 
become parties to promi.ssory notes and bills of exchange, for 
sums not less than one hundred dollars ; and any sui'h 
promissory note, made or endorsed by the President or 
Vice-President of the Company, and countersig-ned by the 
Secretary and Treasurer of the Company, and tinder the 
authority, general or special, of a majority of a quorum ot 
the Directors, shall be binding on the Company ; and every 
such promissory note or bill of exchang*^ .so made, shall bi> 
presumed to have l)e('n made v. ith proper authority iintil 
the contrary be shewn ; and in no case shall it be necessary 
to have the seal of the Company affixed to sucii promissory 
note or bill of exchange, nor shall the said President or Vice- 
President, or the Secretary and Treasurer be individually re- 
sponsible for the same, even if the same l)e made, accepted or 
endorsed by him or them on behalf of the Company, provi- 
ded the consideration ibr the said bill or note was received by 
the Company, unless the said promissory note or bill of 
exchange has been issued withoi i the sanction and authority 
Proviso : as to of the Board of Directors as herein provided ind enacted : Pro- 
b ick iiotis. vided however, that nothing in this section shall be construed 
to aiithorize the Company to issue notes or bills of exchange 
payable to bearer, or intended to be circulated as money or 
as the notes or bills of a bank. 



if 



Bonds may 24, The Directors of the Company, after the sanction of 
be issued. ^-^^ shareholders shall have been lirst obtained at any special 
general meeting to be called from time to time for such 
purpose, shall have power to issue bonds, made and signed 
by the President or Vice-President of the Company, and 
countersigned by the Secretary, and under the seal of the 
Company, for he purpose of raising money for prosecuting 
each of the said sections of tht^ said undertaking ; and such 
Hcwtecurci. lionds shall without registration or formal conveyance, be 
taken and considered to be the first and preferential claims 
and charges upon the section for the purpo.se of which the 
same may be issiK^d and the tolls and property, real and 
personal, of and belonging to each of the said sections then 
exi.sting and at any time thereafter acquired, after deduc- 
tion from such tolls" and revenues of the working expenses 
of the railway and the bridge, respectively ; and each holder 
of the said bonds shall be deemed to be a mortgagee or in- 
cumbrancer upon the said securities, respectively, pro rati/, 
with all the other bondholders of their respective sections : 
Provided however, that the whole amount of the issue of 
bonds on the railway section shall not exceed in all the sum 
of twenty thousand dollars per mile, to be issued in propor- 
tion to the length of railway constructed, or under contract 
to be constructed, and on the bridge section the sum of six 

hundred 



Proviso 
amount 
limited. 



■i4 V ICT. 
in some 

iiority to 
aiigo, for 
ny siK'h 
ident or 
[I by lht> 
ider tht» 
iiormn ot 
lul evory 
shall I).' 
ity imtil 
locessary 
omissory 
: or Vicc- 
[ually ro- 
cepted or 
ly, provi- 
seived by 
)r bill of 
vuthority 
ted : Pro- 
;onstruod 
exchange 
noney or 

notion of 
ly special 
for such 
id signed 
any, and 
al of the 
)secuting 
md such 
yance, be 
al claims 
hich the 
real and 
ions then 
;r deduc- 
expenses 
ch holder 
ee or in- 
, f)ro rata, 
sections : 
I issue of 

the sum 
n propor- 
■ contract 
am of six 

hundred 



1881. iV., X.'W. (uul Snull Ste. Marie K /) Cu. Chap. 46. 61 

hundred thousand dollars : and provided also, that in th,. Voting pow«r 
event at any time of (he interest upon the said «"'°"'ii'«i'i- 
bonds remaining unpaid and owing, then, at the next 'am"!^ '^ 
ensuing annual general meeting of the Company, and at all I'a.vmer.i. 
other genoral meetings as long as the said default shall con- 
tinue, all holders of bonds shall have and possess the same 
lights, privileges and (lualilicalions Ibr Directors and lor 
voting as they would have had if the boiuls they held had 
been shares ; i)rovided that the b(^nds and anv transfers 
(hereoi shall have been iirst registered in the same manner 
a^s IS provided for the registration of shares; and it shall be 
the duty of the Secretary of the Company to register the 
same on being required to do so by anv holder thereof; and Siiikia.?f,>ad. 
the Company may provide ior the pavment annually of a 
sura by way of a sinking fund towards the payment of the 
principal of the said bonds, and such sinking fund may be 
inyested in the repurchase or redemption ol' the bonds of 
itui Company ; and it shall ])e lawful lor any other railway g mranteeof 
company or companies whose line or lines can connect with plp-^r'"" 
the railway hereby authorized, by means of running powers, 
to agree lor the loan of its or their credit, eitherTby direct 
gnarantee or traffic contract or otherwise, to secure the pay- 
ment of the interest or the sinking fund or any part of the 
interest or sinking fund of such bonds. 

aj5. The Company may secure such bonds by aBond.mavba 
aeea or deeds ot mortgage executed by the Company secured by 
with the authority of its shareholders, expressed b'y T/d °"'^' 
a resolution passed at such special aeueral meetiii"-- and 
any such deed may contain such description of the property w. , , 
mortgaged by such deed, and such conditions respecting died m";' 
the payment of the bonds secured thereby and o1"<^°"'»'" 
the interest thereon, and the remedies which shall'be enjoyed 
by the holders of such bonds or by any trustee or trustees 
Jorthemin delault of such payment, and the enforcement 
oi such remedies, and may provide for such forfeitures 
and penalties m default of such payment, as may be 
approved by such meeting; and may also contain, with 
the approval aloresaid, authority to the trustee or trustees 
upon such defiiult, as one of such remedies, to take possession 
ot the railway and property mortgaged, and to hold and 
nin the railway on the railway section, and to work the 
bridge on the bridge section respectively, for the benefit of 
he bondholders thereof respectively," for a time to be 
limited by such deed, or to sell the said railway and 
property, or bridge and property, after such delay and 
upon suc^h terms and conditions as may be stated in 
such deed; and with like approval any such deed may 
contain provisions to the effect that upon such default and 
upon such other conditions as shall be described in such 
deed the right of voting possessed by the shareholders of 
the Company shall cease and determine, and shall thereafter 

appertain 



I. 



62 



Peed cf mnrt 
gugt! vulid. 



Chr-i^. 45. .V. N.-W. and f<nun i<te. Marie Ry Go. 44 VicT. 

ai)pertain to the bondholders ; and such deed may also pro- 
vide for the conditional or absolute cancellation alter such 
sale ol any or all of the shares so depriv -d of voting power, 
and may also, either directly by its terms, or indirectly by 
reference to the by-laws of the Comi>any, provide for the 
mode of euforcint? and exer.iising the powers and authority 
to be corferred aiid delined bv such deed, under the pro- 

• visions hereof And such deecl. and the provisions th'^reof, 
made under the authority heivof, and such, other provisions 
thereof as shall purport (with like approval) to grant such 
further and other powers and privileges to su.'h trustee or 
trustees and to such bondhold.'rs, as are not contrary to law 
or to the provisions of this Act, shall be valid and binding ; 
but if any change in the o\\ uersUip or possession )f the 
said railway and property, or bridge and property, shall, 
at any time, take place under the provisions hereol, 
or of any such deed, or in any other manner, the said 
railway and bridge property shall continue to be held and 
operated under the provisions hereof and of " Tke Con- 
solidated linilwai/ Act, 1879," and of any Act which may be 
passed during the present s.^ssion of Parliamcmt relating 
thereto, as hereby modified. 

Bonds may u 26 The bouds authorized by this Act to be issued by the 
'?JtI\1T °' Company, may be so issued in whole or in part in the deno- 
inination of dollars or pounds sterling, or in either or both 
of the*n ; and the coupons may be for payment in denomina- 
tions similar to those of the bond to whi<h they are attached, 
and payable at such place or places in Canada or elsewhere, 
and bearing such rate of interest, as the Directors may think 
Baled bonds, proper; and the whole or any of such bonds may be 
pledo-ed, negotiated or sold upon such conditions and at such 
pric" as the Board of Directors shall, from time to time, 
determine. 



How railwiiv 
ehull hv bi'1.1 
and operated 
in cfise of 
ctmngp (if 
ownvrsliip. 



No rejfiBtra 
lion neces- 
sary. 



27. It shall not be necessary, in order to preserve the 

priority, lien, charge, mortgage or privilege, purporting to 

appertain to or be created by any bond issued, or mortgage 

deed executed, under the provisions of this Act. that such 

bond or deed should be registered in any manner, or m any 

Deposit with place whatever But every such mortgage deed shall be depo- 

Secretary of ^^^^^^ jjj ^^Q ^f^Q^, ^f the Sei'ietary of State of Canada, ot which 

' deposit notice shall be given in the Canada Gazette. And 

in like manner any agreement entered into by the Company 

under section thirty-three of this Act, shall also be deposited 

Certified copy in the Said office. And a copy of any such mortgage deed 

tobeevid<nce. ^^ agreement, certified to be a true copy by the Secretary ot 

State or his Deputy, shall be rec«Mved aajirimu facie evidence 

of the original in all courts of justi(>e. without proof ot the 

signatures or seal upon such original. 

2S 



the 



38 



1881. .v., y-W. and Sau!t Sle. Marie R't/ Co. ('hap. 45. 63 

an. The Company may, from time to lime, for alvancesof Bond.msyb* 
money to he made theivon, mortprage or i)led<>'e anv hond.s P'erfsed. 
which they can, und.'r the provisions ot this"Act, issue for 
the construction of the railway section or bridge section but 
only lor the purposes for whi.h such bonds have been 
issued. 



-lO. AH the bondn, debentures, mortgages and other TransfiT of 
securities hereby authorized, and the coupons and interest ''onda and 
warrants hereon r.-spectively, may be made payal)le to bearer, "*«*'*'''"f^'»- 
and shall, in that case, be transferable bv delivery ; and any 
holder f)f any such bonds, d»'bentures, mortgages or coupons 
so made payable to bearer, m- sue at law thereon in his 
own name, unless and until i gistry th.-reof in the manner 
provided in this Act, and while so registered they shall be 
transferable by written transi r, registered in the same 
manner as in the case of shares ; but they shall again })ecome 
transferable by delivery, upon the registration of a transfer 
to bearer, which the Company shall be bound to register, on 
the demand of the registered holder lor the time bein<r. 

30 Th.' Company may re.eive Irom the Government of Aid may be 
Canada or from the Government of any of the J'lovinces, or feceived. 
from private individuals or municipal or other corporations, 
who may have power to make or giant the same, money or 
securities for money in aid of the construction, equipment and 
maintenance of the said railway and bridge, and the same may 
be received by way of bonus or gift or by way of loan . And in 
like manner and for the same purpose the Company may 
receive take and hold grants of land from either or any of Aid may be 
the said Governments or Irom private individuals, municipal conditional, 
or other corporations who may have power to giant the 
same, and upon accepting such aid from either or any of 
the Governments aforesaid, may agree to gi\ e such runnmn" 
powers to,or to make such traffic arrangements with any othe° 
railway company or companies, as the said Government may 
require to be made or given, as a condition of such grant • but 
nothing herein contained shall render it lawful for the Com- 
pany to make any arrangement whereby r.ne company may 
obtain advantages over any other company. 

31. The Company may hold, and may alienate and mort- Disposal of 
gage any lands that may be granted to it, not required for 'ai^s. 
the purposes of the undertaking, and apply the proceeds 
thereof for the purpcses of the undertakinn-. 

3a. The Company shall make running arrano-ements Arrange- 
witn, and give running cowers to any railway company or °^°<8 '^'"i 
oompmic. in the Dominion of Canada (whvlher mcorpo- panies?"'"' 
rated by the Dominion or any of the Provincial Legislatures) 
Avhich are now or may herealter be situate on the line or 
imes hereby authorized, or which touch or cross the .«ame, 

or 



T'il 



64 



Chap. 45. .v., N.-W. and Snult Sfe. Marie R'y Co. 44 ViCT. 



or any liiu- or lines Avliich coiuit'ct willi any ot'sudi Hul's, 
upon tt»rms to he agreed upon ; and such running powers 
sliall inclu<l(! all proper and lU'cessary I'acilities in sidings 
Jbr obtaining I'uel and water, and generally I'or the passing 
and working of the trains of the tompany or companies 
exercising the snuie ; and the I'acilitiivs so to be given shall 
be equal to all companies exercising such powers, so that no 
unfair advantage shall bo given to any one company over 
another in the us*- of the said lines ; and all the powers 
mentioned in this Act shall be so given upon the payment 
of a reasonable compensation therefor ; and any railway 
company or companies as aforesaid w hich may claim and 
use the running powers and facilities over the line or lines 
of the Company as hereby authorized shall grant similar 
running arrangements and pow(M\s over any line or lines of 
railway which such company may own or ontiol, and 
which may now or may hereafter be situate on, or may 
touch or cross the same, or any line or lines which connect 
with any of such lines, and all such powers shall be so 
given and exercised upon the payment of a reasonable corn- 
Proviso: n? to pensation therefor: Provided lliat the running powers 
local traiiic. mentioned in this Act shall not include any right for one 
company to engage or participate in, or operate iipon or over 
the line of any other company, or on any part thereof, any 
local traffic served by, collected or distributed at, or belong- 
ing to places upon the line or lines of the company over 
whose lines running powers are exercised, or at which such 
company shall have established stations : and provided 
further,that tne company or companies exercising the running 
powers as herein provided shall have the right to interchange 
through traffic with any other railway company or companies 
whose line or lines of railway shall reach to and conneit 
with the lines of the Company at Callander or Sault Ste. 
Proviso: a3 Marie : and i)rovided further that the running powers hereby 
li'nM.'"''^""^' oi^'<^J^ «^^'*^r the lines of the Company hereby incorporated 
shall not be extended or lontinued to any company which 
shall construct and work a line of railway to Callander or 
8ault Ste. Marie from any point connecting with the 
railway system of Ontario. 

Raiiwiy, &c., 35$. It shall bi' lawful for the Company to enter into any 
'"''^'^®'''''^*'^ agreement with any other railway company whose line is 
situate on the line hereby authorized or whose line can con- 
nect therewith, for leasing the railway hereby authorized, or 
any part thereof, or the iise thereof at any time or times, or 
for leasing or hiring from any such other company any 
railway or part thereof, or the use thereof, or for leasing or 
hiring any locomotives, tenders, plant, or any stock or other 
property, or either or both or any part thereof, or touching any 
service to by rendered by the one company to the other, and 
Proviso: the compensation therefor : Provided the arrangements or 
slmreholders. agreements therefor shall be approved of by two-thirds 

of 



Proviso : as 
to inter- 
ctianfi^e of 
traffic. 



G5 



1 881. .V, .v.. W. u>ul Sautt S/c. Marie R,, ( 'o. Chup. 45. 

ol th.. shiirohohler^ votino- i„ per«,m ov l.y proxy at a snocial 
»?en..ml me. hng .0 bo called lor thutVurpol nTa 
ccnpuny who may Wcomc su. h lo.sslv Ih 11 T ,' i 

..ml pnv.l..g...s m (hi« Act conlVMr...! : I'roviaed also Tim v 
the leusiii«' or .'tt ii<r of the niilu-,.,- I .. ^ "*'^»i '">". imit Profuo 

any part ther-oi" shall Urt k e^^^J^ "^ '^[rtd'unHf ^^ 

aiul the lailvvav leased shall l)e sub ect to all the obli..-itioTi« J"^' ^"''i 
hereby .miH,se<l on the Coujpauy hereby iacorporr'f "'''"^•"''"' 

*i. In order to allord rea .x' ble fariliHo«i (noil ,.^.., 
Avhose lines ,.1' railway r.^y .t - . ni' f ^-ompanies Re^onabie 

i.PPfpfl „..wi; f .1, -^ I' , '> 1'°'"^ "'■ P'>int.s, be con- f^ciiitie* to 
nected, m.^liutely or imMe-ltately with the railway of the "'' '"';^'''"^ " 
Co npuny hereby nicorp< n:;^ d \hv t .e receiving., fbriardi n ' " '""'" 
<l»'livenng, interchange ai.! -.vork-uff of trallic unnn an W?: 
way of the seyeral railway. .;..gi,f,. Z o o Zd bv siu^h 
compames respectively, the Company hereby in .orpora ed 
shall, lor the purposes of all traiJic'whatsoever whX 
jmssengers and their baggage, including the us a m-com 
modation or express matter, or freight of any descrS 
including hve ntock and minerals, and whether suchTv. '. 
shall originate or tern^inate upon the railway yt^s of sud 
eompames or either of them, or come front or-be desti„erto 
«ome other rai way or railways or other carrieis con ctin^ 
vnediately or immediately ^vith them, at all times vceiyf 
tu-ket bill, invoice and forward the traffi.' upon •me! ov. ^ 
US railway from such connecting point o ovv ds its 
St • t" (' ""'fl^t'^' ^"y ^»d all such traliic as "on^rJl 
oithei n iinal delivery upon or from its own railway or to 
some other carrier for further transmission to its des I'lation 

1 /• '*^^'^'-' "^*^^'^ '"11, invoice and forward the traffir 
destined to or by way of such connecting ra hvay nd duly 
railwI'':nrLt""^ ^^"r''^"»= P-"^to^ 

o 111 /n' <^ompany hereby incorporated shall afJbrd 

to all her companies having connecting railways as Xre 

thel;.' 'r'^*"^ accommodation, facility Tmd c^imm en^^^^^ 
their stations and bv their trains nnH «fK^ ^i^mtuceat 

through r,.tins, billing aud tSinglflt l","?,?;. 
Iheir bus.um aud the iiiterchana.. of fuch trafflo ; 

indirectly with the tUnanvSre >v , "r" ' J " I'L "' 

a.ed .0 .nake^and it shaU S ■ire":"; ^S rhTlh^^; 

charge 



I,. I 



^ir- 



66 



Chap. 45. .v., y.-W. and Savll Sle. Marie Ry Co. 44 ViCT- 

charge for thi^ carriage of traffic or any service connected 
with the traffic passing to or from any such connecting 
railway than the lowest charge it shall make for a like or 
similar service over any part of its own railway, or which 
shall be made over any part of a railway worked by or iti 
interest with it, nor make or allow any discrimination, 
preference or advantage as between any such connecting- 
railways : 

3. And the Company hereby incorporated shall carry al 1 such 
traffic interchanged with any sitch connecting railway at 
the lowest mileage rate for the time })eing charged or received 
by it lor the carriage of like or similar classes of traffic over 
the same part of its railway, which lowest mileage rate shall, 
in no case, exceed the ]no rata mileage rate charged or 
received for the haulage or the like or similar classes of 
traffic over any part ot the whole line of railway worked by 
or in interest with the said Company hereby incorporated : 

Proviso : 4. Provided that nothing herein shall oblige the Company 

bo3't'o^ac°' hereby incorporated to accept for the carriage of any such 
cept lees than traffic less thaii its prorata share, ai^cording to mileage, of 

the entire through charge, rate or fare at which the same 

shall be carried by railway : 



Rate for 

interchanged 

traffic. 



Its pro rata 
share. 



Proviso : 5. And provided further, that the Company hereby incorpor- 

faciiities to be ^ted shall be obliged to furnish the facilities and to work 

through traffic with any other connecting company, only so 

long as the said other company shall afford to the Company 

hereby incorporated the like facilities in return 

Appointment 85. In case the said companies shall fail to agree upon 
fn Mse'of di" the extent or manner of working or carrying into effect any of 
agreement, the provisions Contained in sections thirty-two and thirty- 
four, such matters in difference shall be settled by three 
arbitrators, appointed from time to time, — one to be appointed 
by each of the said railway companies, parties to such 
difference, and the third by one of the judges of one of the 
superior courts of Ontario ; and in the event of either of the 
said companies refusing or neglecting to appoint such 
arbitrator for the space of ten days after being requested or 
notified so to do by the other company, then the said judge 
shall appoint such arbitrator for the company so neglecting' 
Award to be or refusing ; and the decision and award of the said arbitra- 
*"''• tors, or a majority of them, shall be final and binding on the 

said com,^,anies, and may be enforced in any court of law or 
equity having jurisdiction in the premises. 



Powers as to 

telegraph 
lines. 



3fi The Company shall have full power and authority 
to construct, work and operate such line or lines of teh graph 
in connection with and along the line of their railway and 
branches as may be necessary or useful lor the purposes of 

their 



44 Vict. 

connected 
:)nnecting^ 
a like or 
or v.'hich 
by or in 
mination'. 
onncctinc,' 



yall such 
iilway at 
r received 
raffic over 
rate shall, 
larged or 
classes ot" 
worked by 
^orated : 

Company 
any such 
lileage, of 
the same 



incorpor- 

to work 

y, only so 

Company 



Tree upon 
>ct any of 
lid thirty- 

by three 
appointed 

to such 
me of the 
tier of the 
»int such 
aested or 
aid judge 
leglecting" 
d arbitra- 
ng on the 
of law or 



authority 
tek graph 
Iway and 
irposes of 
their 



67 



con- 



1831. .V, y.-W. and Saull .^te. Marie R'l/ Co. Chap. 45. 

then- undertaking and may also, ]>ending the construction 
of the bridge over the River Ste. Marie by this Act authorized 
lay maintain, keep in repair and operate a sub-aqueous 
electric telegraph cable across the said river ; and for the 
purpose ot constructing, working or i)rotecting the telegraph 
lines to ba constructed by the Company on their line of 
railway the powers conferred on telegraph companies by 
the Act chapter sixty-seven of the Consolidated Statutes of 
rf J,''ovin.e of Canada, intituled ^^ An Acf, respeclino; 

hlectnc Telegraph Companies^ are hereby conferred on the 
Company ; and the other provisions of the said Act for the 
working and protection of telegraph lines shall apply to 
such telegraph lines constructed by the Company. 

37 Conveyances of land to the Company for the purposes f .m of.n 
of aiid exercise ot the powers given by this Act. made in the ^^y^nf.l'^ 
oim set out in the schedule hereunder wrilien marked A or p""^ '" ^^" 
he like effect, shall be sufficient conveyance to the Company ""'• 
their succe.ssors and assigns, of the estate and interest.and sufft- 
cient bar of dower respectively, of all persons executing the 
same ; and such conveyances shall be registered in the same 
manner and upon such proof of execution as is required 
under the registry laws of Ontario, ^ 

orkVkn/^^'^"^'^'" ^^''' ^^'^ J^^^^-^^ *« purchase c..pauy 
oi lease land at any place or places on the shores of Lake ™*^/hoiJ - 

Superior in connection with and for the purposes of any Ss'ote. 
line or lines ot steain vessels or other ships which the Com^ gaUoV '""' 
SfSv.'^''^ ''k"' ''^''V**'^ oi- navigate on the said lake, or 
W? ""^l^ -^ ?" "] ';onnection with the said railway 

elevatLs" In't''"^/ f"^ ^^' ^TE^''^ "^^^ ''''^ warehouses- 
elevators, docks, stations, workshops and offices thereon, and 

:ny :uch^;rpLr' ^^"' ^^ -^^^^ ^'-^ ^-"^ -i-«-- ^o^- 

w^v^shl^f r*"" ^^■^^'«"'?^^'«.t ^\»^1 Sault Ste. Marie, the rail- Limitation of 
way shall be commenced withm two years, and the exten- ""•« f''^««'«- 

OUawr'lh fl T. ' '"'^"'^ *"/^" ^"^ ^'^"'^' «" the Upper T.'^Z^. 
Utta^^a shall be commenced within three years and the 'i"" «f <h« 

SCHEDULE A. 

Know all m^i by these presents, that I {or we) limert the 
names nj (he vendors) in consideration of dollars 

paid to me (.r U.S) by th.. Northern, North-Westerirand S.ult 

«?;«.!.' 1 I'^y ^^"^P^^^y. the re^eipt whereof is hereby 
a-knowiedged. do grant and convey, and I (or ue) (insert the 
^mms of anjj otlier pari,, or parties) in <^on,si,leration of 
dollars paid to me {or us) by the said Company, the receipt 
whereot is hereby acknowledged, do grant and releas^aU 
'^''^ ^^-^i that 



68 



Chap. 43. .V, iV.-TF. and Sault ,<le. Marie Ry Co. 44VlCT. 

that certain parcel [or those certain parcels, as the case may 
he) of land situated {(/escribe the land), the same having 
been selected and laid out by the said Company for the 
purposes of their railway, to hold with the appurtenances 
unto the said Northern, North-Westeru and Sault Ste. Marie 
Railway Company, their successors and assigns {here insert 
any other clauses, covenants or conditions required) and I {or 
we) the wife {or wives) of the said do herel)y bar 

my (or our) dov^'er in the said lands ; 

As witness my {or our) hand and seal {or hands and seals) 
<his day of one thousand eight hundred 

and 



Signed, sealed and delivered ) 
in the presence of \ 

C. D. 



A. B. [L.fS.] 






SCHEDULE r>. 



And whereas in the lourse of the debate upon the Cana- 
dian Piicihc Railway Act certain questions arose which the 
contractors present at Ottawa deemed it expedient to meet, 
by agreeing that this Company would enter into certain 
undertakings with the Government of Canada so soon as it 
should be organized, and it is expedient to provide for enter- 
ing into such arrangements : Therefore, it is unanimously 
resolved that this Company is prepared to enter into an 
agreement with the Dominion Government to the effect fol- 
lowing, that is to say : if any Company other than the Canada 
Central Railway Company builds a line from any point on 
the Canadian Pacific Railway at or about the Wharnapit river 
to any point on Lake Huron or Lake Superior, or on the river 
Ste. Marie, such Company shall have running powers or r 
the Canadian Pacific Railway from the point of junction to 
Callander Station, on condition that such Company shall 
grant to the Canadian Pacific Railway Company similar and 
reciprocal rur ing powers over its railway west of such 
point of junction. In the event of the Company pur- 
chasing, acquiring, amalgamating with, leasing or holding 
and operating the Canada Central Railway, the said 
Callander Station shall continue to be a neutral or receiv- 
ing and distributing point common to the Canada Cen- 
tral Railway and any railway in the Province of On- 
tario, running southward from said Callander Station ; and 
in that case all traffic to or from any point in the West or 
North-West coming from or destined for any such Ontario 
railway shall be carried to or from Callander Station at the 
same mileage rate as similar traffic to or from such point 
coming from or destined for the said Canada Central Railway ; 
and such mileage rate shall not be greater than the average 
rate per mile charged for similar tiaffic from the point of 
^ ° shipment 






44 Vict. 



cane may 
i having 
r for the 
tenauces 
te. Marie 
ere insert 
and I (or 
?reby bar 



nd seals) 
hundred 



[L.8. 



he Cana- 
,'hich the 
; to meet, 
) certain 
con as it 
for enter- 
iiimously 
r into an 
effect fol- 
e Canada 
point on 
apit river 

the river 
A'ers c\ V 
[iction to 
any shall 
nilar and 
t of such 
any pur- 
■ holding 
the said 
or receiv- 
ada Cen- 
e of On- 
tion ; and 
! West or 
1 Ontario 
on at the 
Lich point 
Railway ; 
e average 

point of 
shipment 






1881. iV., N.-W. and Sault ,S/f. Marie R\,j Co., S^-c. Chaps.45,46. 

shipment on the Canadian Pa.-ific Railway to the point of des- 
tinauon on the Canada Central Railway, or from the point 
of shipment on the said Canada Central Railway to the 
l>oint of destination on the Canadian Pacific Railway as the 
case may be. And for the purposes of this section the word 
trallic includes not only passengers and their bago-ao-e 
goods, animals and things conveyed by railwav, but^aFso 
cars, trucks and vehicles of any description adapted for 
running over any railway if offered for carriage as frei^^ht 
±5ut this agreement shall not be construed as consentiii*" to 
any running powers by any railway over the Canadian 
1 acihc Railway. This agr<>ement to be subject to the con- 
ditions as to special rates for the purchasers of land, or for 
emigrants, or intending emigrants, which are contained in 
the twenty-fourth section of the charter-of this Company 
It at any time the Canada Central Railway should be pur- 
chased acqiured, leased in perpetuity by, or amalgamated 
\vitti this Company, such amalgamation, acquisition, pur- 
chase or lease shall be made subject to the existing leo-al 
obligations of that Company created by its charter, or any 
amendment thereof in respect of running powers or traffic 
arrangements, as well as in respect of the matters and thino-s 
reierred to in the letters patent incorporating this Company 



69 



CHAP. 46. 



% 



An Act to incorporate The Bay of Quinte Railway 
and Navigation Company. 

[Assented to 2\st March, 1881.] 

WHEREAS the persons hereinafter named have, by their Preamble 
petition, prayed to be incorporated as a Company, for 
the purpose of building, buying or leasing and working a line 
of railway, from some point in the Village of Mill Point, in 
the County of Hastings, on the waters of the Bay of Quinte 
to ajunction with the G-rand Trunk Railway Company of 
Canada at some point on its line as may be deemed best, 
with power to arrange with the said last mentioned 
company for the working of the said line or to make traffic 
or other arrangements as may be found desirable ; also, with 
power to extend the said railway to such points on the 
said Bay of Quinte as may be deemed best ; also, with 
power to build and operate a telegraph line along the said 
railway ; also, with power to amalgamate with any other 
railway company or to lease or sell the said raiUvay to 
any other company ; also with power to purchase, hire, 
acquire, own or charter sailing vessels, steamboats and all 

other 



It' 



to 



Chap. 46. Baij of Qiiinlc Rail'n and Navignlion Co. 44 ViCT. 



Declaratory. 



Other kind of craft, including tugs and barges, and to carry 
on the business of common carriers, forwarders and traders 
between the several ports and places in Canada and ports 
and places outside of Canada, as they may think proper ; also 
to carry on in Canada and elsewhere, as their interests may 
require, the Imsiness of warehousemen and wharlingers and 
to acquire, and hold, by purchase or by lease,all lands, wharves, 
docks, elevators, warehouses and other estate, real and per- 
sonal, required for the proper and efficient working of the said 
business ; and whereas it is expedient to grant the prayer of 
the said petiiion : Therefore Her Majesty, by and with the 
advice and consent of the Senate and House of Commons of 
Canada, enacts as follows : — 

I. The Kail way above described is hereby declared to be 
a work for the geiieral advantage of Canada. 



Certain per- 
BODS incor- 
porated. 



Corporate 
Dame. 



42 v., 0. 9 
to apply. 



2. Hugo B. Ivath1)un, Edward W. Ralhbun, Frederick S. 
Rathljun, William 11. Aylesworth, Roderick C Carter, John 
White, Richard Ryburn and Tobias Butler, Esqvxires, with all 
such other persons and corporations as shall become share- 
holdeo in the Company to be hereby incorporated, shall be 
and they are hereby constituted a body corporate and politic 
by the )uime of " The Bay of Quinte Railway and Navigation 
Company, " (hereinafter called the Company,) and shall have 
all the powers appertaining to railway companies, and all 
the powers, rights and privileges conferred on such corpo- 
rations by " The Consul idaled llnilvmi/ Art, 1879," and any 
amendments thereto, and be subject to all the provisions of 
the said " The Connoliditted Rnilwa// Art, 1879," and any 
amendments thereto. 



Powers of ^ The Company shall have full power and authority to 

the company lay out, construct and complete a railway of ibur feet 
theirr°anway. tiig^t and one-half inches gauge, between a point on the 
waters of the Bay of Quinte. in the Village of Mill Point, in 
the County of Hastings, to a junction with the Grrand Trunk 
Railway of Canada at such point as the Company may 
think best ; to extend the Si^id railway to such points on 
the said B^y of Quinte as the Company may think proper ; 
to own, lease, or charter and sail steamboats and sailing- 
May own and or other vessels ; to own, or lease elevators, docks, works, 
work vessels, warehouses and all things else required in anc^ fbout 
the business of common carriers by land and by w r and 
of warehousemen and wharfingers in Canada o'else\\h^re 
out of Canada, as the business of the Company may lequire 
from time to time ; and to construct, own und -perate a 
telegraph line along the line of their railway. 

Arrange- 4. The Company, with regard to their railway, may enter 



arrangements 



ments maybe into au'''' 

made wit6 ^~ ^ c /^ ~ j r 

G.T.R. Company or Canada lo 

traffic over the same. 



with the Gr.and Trunk Railway 
worJdng the same or for working 



5. 



: proper ; 
. sailing 
i, works, 
c^ fbout 
f and 
lse\\ h'?re 



1881. Bay of Quinte Rail t/ and Navigation Co. Chap. 4t3. 71 

5. Tho persons named in the fir^t section of this Act shall Proyiaional 
be and are hereby constituted Provifslonal Directors of the '•'"'''ctorsanl 
•Company, of whom five shall be a quorum for the trans- ^^"' '""'"'• 
action of business; and they shall hold office until the 

first election of Directors under this Act, and shall have 
power to open stock books and procure subscriptions of 
stock for the undertaking,— giving at least four weeks' notice, 
by advertisement in the Canada Gazette, of the time and 
place when and where such books will be opened. 

6. The capital stock of the Company shall be five capiui stock 
Jiundred thousand dollars, to be divided into five thousand anJ slmrea. 
shares of one hundred dollars each, which shall be applied 

first to the payment of all costs and expenses incurred in 
obtaining the passing uf this Act, and the remainder for the 
purposes of the undertaking. 

7. No subscription for stock shall je valid iinless five Five per cent, 
per cent, shall bt paid thereon, within thirty days after the payable oa 
subscription therefor on the books of the Company, anu such '""'"'P''''^'- 
fivj per cent, shall be paid to the credit of the Company 

into such one of the chartered banks in Canada as the 
1 rovisional Directors shall designate ; and the sum so paid 
shall not be drawn out or applied except for the purposes 
above in this Act mentioned as those to which the same 
shall be applied. 

8. When and so soon as one hundred thousand dollars of First meeting 
tne capital stock shall have been subscribed and ten per of share- 
cent, paid thereon, i^ - Provisional Directors shall call a ^°^^"'- 
^r^l^^Mi 1?^^^*"^^°^ the subscribers to the said capital stock 

at Mill Point or such other place as the said Directors shall 
name, for the election of ifirectors and other business relatino- 

}• ^opiPa^y- of which meeting at least two weeks"' Notice. 
notice shall be given by circular, addressed by mail to each 
subscriber, (postage prepaid) of the time and placo and 
purpose of the said meeting ; notice of the said meeting 
shall also be given two weeks previous thereto in some one 
or more newspapers published in the County of Hastings. 

». The number of Directors of the Company shall be Qualification 
seven, ot whom lour shall be a quorum ; and no person shall "^ '^'rectors. 
be elected a Director of the Company unless he shall be the Quorum."'' 
noJtler ot at least ten shares in the stock of the Companv 
and shall have paid all calls thereon. 

1 ??• ^^jp^'f^fter the annual general meeting ^i the share- Annual 
holders ot the Company, for the election of , irectors and ^«°*'"ai 
other general purposes, shall be held at such place as may, '°''"°*^" 
irom time to time, be appointed by by-law of the Companv, 
on the first Monday in the month of February in each year; 






and three weeks' previous notice thereof 
by publication in the Canada Gazette. 



shall be given Notice. 
11. 



I 



'^l 



n 



Seal not 
requisi'-e. 



notes to 
b<«rer, Ac 



72 Chcp. 16 Buij of Quintc Ruiry and Nav'galion Co. 44 ViCT. 

Calls on 1». No call to be made payiible at any time upon tho 

* ""^ • capital stock shall exceed ten per centum on the 8iibfce:i}>ed 

capital ; and at least thirty days' notice shall be given thereof ; 

and not less than twenty days shall intervene bet", ecn anv 

one call and a succeeding call. 

Company 12. Every contract, agreement, eng-ager.t<nt oi liargiiiu 

^"anies to"^ "^*^'- *"d every bill of exchange drjiwn, accepted >r ni- 
contracts, A", dorscd, and every promissory note and cheque made, drawn 
manier!''"'^ or endorsed on behalf of th" Compar.v. i>y any agent, officer 
or servant of the Company, m gentiu] accordance witli his 
powers as such under the by-laws of the Co;;ipanv shall be 
binding iipon the Company, and in rsc c-se ,haU it be 
necessary to have the seal of the Company affiled to a5iy 
such contract, agreement, engagement, barg^iin, biPi o'f 
exchan^'-' , promissory note or cheqixe, or to ]>rov( that the 
same was made drawn, a.cepted or endorsed, as the case 
may be, ininn'!.Mtv<nce of any by-law or special vote or order ; 
nor shall th<- ;■ ivty so acting as agent, officer (^r servant of 
the Compo^iy he thtreby subjected individu.illy to anv 
ProTuo, as to liubiliiy V hi.lsoever to any third party therefor : Provided 
notes o always, I f)ar nothing in this Act .shall be consiraed to au- 
thorize the Company to isstie any promissory noin for a sum 
of less than one hundred dollars or any promissory note 
payable to the bearer thereof, or any promissory note 'ntended 
to be circulated as money, or as the note of a bank, or to 
en;^age in the business of banking. 

13. It shall be lawful for the Company to enter into any 
agreement with any other Company lor amalgamation or 
for the use or partial use of the railway of the Company, or 
for leasing or for hiring from such other company any other 
railway or part thereof or the use thereof, and for any period 
or term, or for the leasing or hiring any locomotives, cars or 
movable property, and generally to make any agreement with 
any other company touching the use of the railway or of the 
railway of the other company, or of the movable property of 
the other company, or touching any service to be rendered 
by the one company to the other and the compensation 
therefor : Provided, that any such agreement, lease, or 
contract in this section mentioned or referred to shall be 
first approved of by the shareholders of the Company at an 
annual or any special or general meeting of the sruio. 

14. The railway shall be commenced withi.. e year 
and completed ^'ithin three years from t^a pj;, 'ag of this 
Act, and in defn ■ 'hereof the powers hereb • . j i rred shall 
absolutely cear.e , .;;h respect to so much oi die railway &» 
then remains incomplete. 



Ariar>(re- 
mentE wah 
other com- 
panies. 



Proviso, for 
approval by 
soareholders. 



Time for 
commence- 
ment and 
completion 
of railway. 



CHAP. 



44 Vict. 

upon thpi 

ibfci'Tibed 

ucn auv 



d or (>u- 
e, drawn 
it, officor 
witlj his 

shall be 
ill it be 
1 to a!iy 
, biii of 

that the 
the case 
or order ; 
ervant of 
' to any 
Provided 
ed to ali- 
tor a sum 
cry note 
'"n tended 
ink. or to 



into any 
nation or 
pany, or 
my other 
ly period 
s, cars or 
lent with 
or of the 
operty of 
rendered 
pensation 
lease, or 
shall be 
any at an 
le. 

3 year 
ig of this 
•red shall 
ihvay as 



CHAP. 



1881. 



l^ourU and Uorky Mounlmn Eaihcay Co. Chap. 47. 



•78 



CHAP. 47. 

An Act to -He,.d (he Act inc<np<,rati„g T].e Sonvis and 
Kodvy Mom; tain Euilwoy Company. 

[Assented lo 2Ut March, 1881.) 

W^^CwL*'h\^''T'\u"-'' ^"^'^y Monntain Railway Pre, mb,e. 
isdosirihrS ^V V ^1 i"uP"^'^ ^" represented that it 
TPsnlMu •*■''' J" ^''""^•^ have increased powers with 

S cut'o/r ;fTJ"^-H'^"T!>7"^ ^^''^^^^^^ ^' boXibr the 
prosecution ot the said undertakiim-, and with resneot to tha 

purchasing of lands from the Government and the selling 
and mortgaging the same, and have prayed f^r "he passin "of 
an Act granting them such increased powers • ancUt is ex 
pedient to grant the prayer of the said petitfon Therefo^^^ 
Her Ma)..st^ by and with the advire and consent of the 
Senate and House of CWmons of Canada, enacts asTllows-- 

Complnv islle^rebvi'"" ''f i\' Act incorporating the said Secion 6 of 
v^ompany is heieby amended by add ng thereto the followino- *^ v., c. 58 

i:^:'^2tl''r''^ ^^"F^">^ ^^y f-"» timeto ime p^° ^"^"'^''• 

r:a?iri!!;d^s^.^:^-^^^"^ --y l the ^ofeii^ 

bv^«trTfei''''l^\''''*'''", ""^ ^^^ "'^^^1 ^ct is hereby amended Section 12 
by striking out the word '^en " in the sixteenth linp fh™? ^-nendea. 
and substituting therefor the word 'Twenty'' ^' 

Di*Ltorstlln!,fl?'^"\K^u^^l Provisional or elected Payment i„ 
i^nectois, w hen authorized by the shareholders at anv o-MiPrnI f"ii of stock 
meeting or special meeting called for that nurnn.p ?- authorized. 

^T^T'l '''^^ ''' ^'^'^ ^-^ any s^KC C^^o/atX ^^^' 
time of subscription thereof, or at any time be ore the mak^n ' ''""""" 

IckTuW^d."^'""'^^ "'"^* ^« *^^ ^"" ^---t "-h 

isst Itook^irnaw' un'«J'^l.^^'V shareholders may make or Paid-.pstoek 
fi^nlr ^ ^ Pf , ^P ^^°^^' *"^ "lay pay or a"-ree to oav in "^y be'^issued 
ei^ch paid up stock, or in the bonds nf iha cT Pay in j^ payment 

sums as thev deem exJcW^^f^T ■ Company, such for certain 

f«r ^:„r,,V "^^"* ^*P*^^i6nt to engineers or contractors nr ^errices. 
lor right of way or material, plant or rolling stock -.'-.d 






1.; ■ 

U', J I 



M 



I! 



74 



Additionnl 
land for anuw 
Jences may 
Vie taken 
under 42 V , 
«. 9. 



Chap. 47. No«m atiff Rorf,// Moftniuin Ilailwat/ Co. 4-t YlCT 

♦5. The CompiUiy shall hiivt' the riyht to acquiro and take 
ill the maimer jn-ovided by " The Conso/i'luh'd liailwni/ Act, 
1879" siicli additional width oi' land alony the line 
of the niilway and its branches as may be needed lor snow 
I'ences and liarriers ; and the Company may erect such fences 
and barriers wherever th*^ same may be requisites in the 
oi)inion of the Company on any lands near to the Hik; of the 
said railway, on such terms and siibje. t to the payment of 
such compensation to the owners of the said lands, as may 
be ai>T»M>d on or as may be determined by arbitration in the 
manner provided by the sections of the said " The Comolidated 
Railway Act, 1879," relating to lands and their valuation. 

Section 7 of C Section seven of the said Act incoriiorating the said 

^^ ^ 'd*'d^^ Company is hereby amended by addinff thereto the words 

Provision as following': '"Provided always, that the Directors so elected 

to stuck book. j^a,y by by-law or resolution passed by them, close the stock 

book after shares to the said amount of live hundred 

thousand dollars shall have been subscribed, and may, from 

time to time, re-open the said stock books and receive 

subscriptions for additional shares of stock up to the limit 

aixthorized by this Act, when and as the same shall be 

required for the purposes of the Company." 



Section 12 of 
the said Act 
amended. 
Provision for 
the issue of 
preference 
stock. 



May be taken 
«t par in 
exchange for 
unsold lands. 



Proviso, 
amount 
limited. 



7. Section twelve of the said Act incorporating the said 
Company is further hereby amended by adding thereto the 
words following: "And the Directors "ol the said Company, 
under the authority and with the powers and on the terms 
hereinbefore set forth, may issue preference stock or shares 
of the Company, to bo redeemed or made liable to be called 
in at such time and in such manner as the Directojs may by 
the by-law for issuing the same fix and determine, upon 
which preference stock a dividend may be made payable at 
such rate not exceeding eight ]ier centum per annum as to 
the Directors may seem fit ; and such dividend may be made 
payable in scrip, which shall have the same security and 
shall be redeemable in like manner as the said preference 
stock ; and such preference stock and scrip for dividend 
thereon shall be taken and accepted by the Company and 
may be exchanged at its par value for any unsold lands 
belonging to the Company not required for the purposes of 
its undertaking or station accommodation, at the price at 
which such lands are offered for sale by the Company for 
cash, — which price shall be fixed by the Directors once in 
every year ; and such preference stock may be exchanged by 
the holder thereof for ordinary stock on such terms and 
conditions as the Directors may, from time to time, by by- 
law, fix and appoint : Provided always, that the total 
amount of bonds and of preferenoje stock to be issued by the 
Company shall not exceed twenty-five thousand dollars per 
mile for every mile of the said railway constructed or under 
construction or under contract for its construction." 



r^. 



8. 



75 



Sects 13, U 
and 15 of jaid 
Act repealed 
and Dew 
substituted. 

Booda, pre- 
forenco stock, 
Ac , to be 
preferential 
charges witl.- 
out regljtra» 
tioa. 



Provision if 
the company 
makes defa'ilt 
in payment 
thereof. 



1881. Souris and Jlocki/ Mounluii, llailwaij Co. Chap. 47. 

_ S. Sections thirteen, fourteen and lirteen of the .said Act 
incorporating the .said Company, are hereby repealed and thJ 
iollowing substituted therefor:— 

'-13. The boncls, i)reference .stock and scrip for dividends, 
hereby authorized to be issued shall, without registration or 
lormal conveyance, be the first preferential claims and 
charges upon the said Company and the undertaking, tolls 
and income and real and personal property thereof, now or 
at any time hereafter acquired, save and except as is pro- 
vided or lu the last preceding section ; and each holder of 
he .said bonds, preference stockholder and holder of scrip 
lor dividends shall be deemed to be a mortgagee or incumb- 
rancer upon the said se.urities pro rata with the other bond- 
holders, or holders ot preference stock or scrip for dividends, 
and shall have priority as such. 

•■ *'•• If the said Company shall make default in paviiu' 
the principal of, or interest on any of the bonds, prefeience 
stock or scrip for dividends, hereby authorized, at the time 
when the same shall, by the terms of the bonds, or bv the 
conditions upon which the preference stock or scrip for 
clividends was issued, become due and payable, then at the 
next ensuing annual general meeting of the said Company 
and all subsequent meetings, all holders of bonds, preference 
stock or scrip for dividends, so being and remaining in 
default shall, in respect thereof, have and possess the same 
rights, privileges and qualifications for Directors, and for 
voting at general meeting.^ as would be attached to them as 
shareholders if they had held fully paid up shares of the 
company to a corresponding amount : provided nevertheless, 
that the right given by this section shall not be exercised bv 
any bondholder, preference stockholder or holder of scrip for 
dividends, unless the bonds, preference stock or scrip for 
divjdenrls in respect of which he shall claim to exercise 
such rights shall have been first registered in his name, in 
the same manner as is provided by law for the registration 
of the shares of the said Company ; and for that purpose the 
said Conipany shall be bound on demand to register any of 
the said bonds, preference stock or scrip for dividends, in the 
name of the holder thereof, and to register any transfers 
thereof in the same manner as a transfer of shares : Provided 

!wi A ^1 ^''''''''T ""^ ^^^ "S'^^ts given by this section 
shaJI not take away, limit or restrain any other ot the rio-hts 
or remedies to which the holders of the said bonds, pre- 
ference stock o, scrip for dividends, shall be entitled. 

" 15. All bonds, preference stock, debentures and other Bond. 4c 
'!' ""if ^r^'^ authorized, and the coupons and interest X^}^- 
wlf } Tf^ .respectively, may be made payable to ^nd'how'"'" 
Dealer, anr". shall in that case be transferable by delivery transferable. 
lanless and .mtil registry thereof in manner provided in the 

next 



Proviso, as to 
votinj^ power 
of bond- 
holders, Ac. 



Proviso, 
other reme- 
dies not 
affected. 






/.^*^i 



*]» 



19 



Chap 47. Sourix anr/ Rorkij Mountain Railway Co. 44 VlCT- 

next procfding spction.and \vhilt» so rojjistcrcd they shall bt^ 
traiisit'rable by writto'i t-insl\'r registered in the same man- 
ner as in the cas' . ■ .'. bnt they shall again become 
transferable ^\' tl.r i!i y upon the registration of ii trans- 
fer to bearer, which tlie Company shall be bound to register 
on the demand of the register holder for the time beinir." 



Arj'licmion 
ot proceeds. 



Lands may 9. Tile la lids SO to be acquired by the Company and held 
to imii'M.'^ ^^^' '"^"^'' ''"'' *^'' purpoises thereof, mav bi> conveyed to trii.stees 
to be held and conveyed by tl . n .-.pv^u i lie trusts and for 
the purposes herein declared in reference to such lands ; and 
all moneys arising from the salt! of such lands shall be held 
and applied in trust for the purposes Ibllovving, that is to 
say : first, in payment of the expenses connected with the 
acquisition, survey, niiinagement and sale of the said lands ; 
secondly, in payment of the dividends and interest on the 
bonds and preference stock, from time to time payable in 
cash by the Company ; thirdly, in i)ayment and redemption 
ol the said bonds and preference stock when and as they 
become due, respectively, or in such order and priority as 
may be determined by ballot in the manner to be fixed by 
the Directors by by-law from tin e to time ; and fourthly, for 
the general piirposes of the Company. 



Lands sold f) 
be free of lit u. 



Application 
ot purchase 
money. 



lO. All laiuls sold and conveyed by the said Company or 
by the said trustees after a conveyanc(> thereof to them upon 
the triasts aforesaid, and which have been paid for in cash 
or by preference stock or scrip for dividends, shall be forever 
released and discharged from all mortgage,^, liens and 
charges of any kind or ^Aatiire by this Act or the Act incor- 
porating the said Company, or by the said Company 
created : and '^e puichase m^ ley arising from the sale 
of such lands tht Uompai.^ shall be applied in the 
first place in the satisfaction of any mortgage thereon 
created by the Company ; and after payment of any such 
mortgage ' lien --iied by the (Company t'l !reon, shall be 
applied in accordance with the trusts in the Jiext preceding 
section declared. 



Section 19 of 
the said Act 
amended. 



II. Section nineteen of tb ^ sai(* Act incorporating the 
said Company is hereby ai.. led y adding after 'he word 
" Company" in th seventh ' e ol le said section lie follow- 
ing words : "or with the t- .th bu. katchewan Valley Rail- 
way Company ;" and further by striking out the w Is " the 
said last mentioned " where they occur in the seyenth and 
eighth lines, and in the tenth line respectively, and inserting 
the word ' such " in lieu thereof. 






Section 20 cf 
the said Act 
amended. 



12. Section tw^enty of the !?aid Act incorporating the ^aid 
Company is hereby amended by adding after the word 
" telegraph ' the words " or telephone." 

18. 



►•^ 



44 Vict. 

r shall bt^ 
.me man- 
L becomt' 
fa I rail s- 
reiirister 
oiiiff." 



and hi'ld 
) trii.stiH'S 

iind foi" 
ads ; and 

bo hold 
lat in to 
with the 
id lands ; 
t on the 
yable in 
lomptioii 

as they 
iority as 
fixed by 
rtlily, lor 



npany or 
em upon 

in cash 
)e forever 
ens and 
ct incor- 
l!!ompany 

the sale 
i in the 

thereon 
any such 

shall be 
)receding- 



iting the 
he word 
le follow- 
ley RuiU 
Is " the 
:inth and 
inserting 



the said 
he word 



IS. 



1881. Som h and liovky Mountain RaiCy Co., ,\c. Chaps. 47, 4S. ' 77 

l,pim; l|:;7!;„^»^;-«"^7»»«^'-^of lands lu the Company (,iot Form of con- 
»>»^ing letters jm ^.t Irom the I'rown) may. in so lar a.s T*'"" "^ 
orcumstanoes w.ll admit, be in tlu- Ibrnx lolluiviuo.. ih.u i^ [^^^^^ 

■ ."Know all men by these preseut-s, that I, A. 13., in ron- 

Mounta n lia Iway Company, the receii)t wher.-of is hereby 

Ssm vi^^'^l'""/' ^Z^''''' ''^^ »»^l 'convey unto ,he sa J 
IheSonnsandllocky Mountain Kail way Company, their 
^eessors and assigns, all that tract or parcel of la . 



succ* 



Ulescribe the land) to have and to hold tht' nai,! laud ai.d 



assigns for e\ cr 



"Witness my hand and s !, this 
one thousand eight hundred and 

"Sign 'd, sealed and delivered ) 
in presence of i 

" C. D. 

" E. F." 



day of 
A. B. [L.S.j 



or in any other form to the like effect. And every deed 
made in accordance herewith shall be held and construed to 
jmpose upon the vendor executing the same throbl gaTion 
'^?uaraneeing the Company and its assigns agS aU 
dower, d claim for dower and against all hypothecs and 
inortg. and against all liens and charges whatsoever not 



An 



CHAP. 48. 

Act to incorporate The Napierville 
Railway and Quarry Company. 



Junction 



[Assented to 2lst March, 1881.] 

"WHEREAS the persons hereinafter namt^d have petitioned Preamble 
yy for incorporation as a Company to con.struct a railway 
wo,^iHl*''t'''^^'i:^4^''^'^"«t^'^'^tion of such ra way 
would be of great ben-fit to the commerce and for the 
general advantage of Cnada ; and it is expedient tnUSt 
iacir prayer : iliereibre iler Majesty, by aud'with the advi.^P 

1. 



!'i 






18 



Chap. 48. Na/iiervi/le Junction IV i/ and (^mufij Co. 44 VicT. 



Workd*- 1. The Napiorville Juintioii Ruihvay is hcn^by <leclarod 

Be*"*"' to he a work lor th«' g.'iuTal advantagf of Canada. 

Incorporation 51, Hcnrv l^'iijamiii and Uohcrt CaN^st'l8, both of the Citv of 
and cor|ior»te Montreal, Med»''"ric Catudal, of the Villai^'e of Napi.Tville, 
"""*• AVilliani I. Hihbi. d, of th.- ViMage of West Kaniham, and 

Louifi A. Hart, ot the said City (d' Montreal, in the Province 
of Quf'hec, with all sn«h other persons and surh eorpora- 
tions as shall become shareholderH in th<( Company ln'reby 
incorporated, shall be and are her(t)y constituted a body 
corporate and politic by the name o[ ' The Napierville Junc- 
tion Railway and Quarry Company." 



Power to iny 
out and con- 
Biruct a cer- 
tain linp of 
fHilWHy. 



t'{. The said Company and their agents and servants may 
lay out and construct and finish a double or single track, 
iron or steel, railway of the same width or guage. as the 
Urand Trunk Kailway, from a point near the Grande Li^;ne 
station of th(f Montreal and Champlain Kailroad to a point 
in the Village of Napierville, in the County ot Napierville. 



Capital aud 
Bharee, aod 
how to be 
applied. 



4. The capital stock of the said Company shall consist of 
two hundred and fifty thousand dollars, to be divided into 
two thousand live hundred shares of one hundred dollars 
each, which amount shall be rai.sed by the persons herein- 
before named and such other persons and such corporations 
as may become shareholders in the said stock ; and the 
moneys so raised shall be applied in the first place to the pay- 
ment ot all fees and expenses and disbursements for pro- 
curing the passing of this Act, and for making the surveys, 
plaiis and estimates connected with the railway hereby 
authorized to be built ; and all the rest and remainder of 
such n.oney shall be applied towards making, completing 
and maintaining the said railway, and developing the stone 
quarries which may be owiu'd at the time of the passing of 
this Act in the Counties of Napierville and St John's by 
Va^'. said Hi'ury Benjamin and his associates, and which may 
hereafter be accpxired by the said Henry IJenjamin and his 
associates. 



First boird S. Henry Heiijamin, Tiobert Cassels, Mederic Catiidal, 

conSted ^^'ilJi^"!'^ H. Hibbard, and Louis A. Hart, shall be and are 

their power'?, hereby constituted a ]3oard of Directors of the said Company, 

and shall hold office as such until other Directors be appointed 

under the provisions of this Act by the shareholders ; with 

power to open stock-books and procure subscriptions for the 

undertaking, to make calls upon the subscribers, to cause 

surveys and plans to be made aiul exec\it< V to call a general 

meeting of shareholders for the election oi other Directors as 

hereinafter provided, and generally to do all such other acts 

42 V , c. 9. as such Board, under ''The Consoli'dated Rai/irai/ A<-f, 1879," 

may lawfully do. 

6. 



Mapieinlh Junction R\„ and Qunm/ Co. Chap. 48. 



«. 



1881. 

V,i 

• Th.' mid rJir.'ctor« an^ herohy ••mnowoml to take all lu- a k . , 
partl.'H (leHin US of f.oc,,,,,,,,^, sharohoklors in the Naid Com- 
&'p;,u" h I'r'''''^ HubscTibinff .-apital «tock oAho sS 
Ujmpany shall h. con.uk'ml proprietors and parljiors in tho 

cl "^11 Y^''" .'^"'^ ''" •'""'" "^ ontvt.Mith part of tho ranital sto.k ivi 

pa d up. the said Dnvctors or a majoritv of th.-m may e 1 ""'.P^"""' 

Nfiall think proper, jr,viii^r at east two vvetL' notieo in 

S»T "h' "I"' ''■"II hoM ollico until the Zt Mo uh v hf 
SoptntibiT m th,. y,.„r Ibllowilig their election. '""^ '" 

monu.iy in !? pteinber in each year thereafter, at the iiriii. •'"«»» •' 
cipal office or the «„id CompanV, there shall be lohlS a giZi"'"' 
geiu.r«I annual nieel.nfr of (he shareholders of th said 

eirt'T^T "Y'' T!f""S """ ™'l "h'T^holders shall 
elect a like iiumher of Directors for the then ensuiii'r v-e«r 
in manner and ,,„alilied as hereinafter provided TOdnublic 

s?;;::rsh'.;ii inr^z^, «™'-'^ -J '1.0 'eisrs 

have paid up all calls of the said stock. ^' 

lO. In the election of I)irecto.-s under this Act niul in ih^ n 
transaction of business a^ g.Mioral sh.UtkW m^^^^^^^^^^ 
each shareholder shal be entitled to as many voJJ as le 
holds shares upon which all calls made havebeen paid up 

hofders'lK.?^irf°'' T^' ^^ «ny tim.N call upon tho share- Caii«on 
holders loi ins almeiits on each share which they or any of »•'"'««• 
them may hold in the capital stock of ih. ..,u\ (Cnrmv in 

:;^e&^;si^":f^ T^.^^^^- ^^ r^iot^Jh ss;.;^ 

of in si^^ii maiCr -' — ^'""= ""' ™^"*^'^ "^^^^ *h-«- ^'"^'-'- 



by 






I 



Directors may appoint. 



12. 



so 

Forms of 
d«ed3 of 
land to the 
company. 



Company 
may become 
parties to 
notes, &o. 



Seal not 
required. 



Proviso, no 
power to 
issue bank 
notes. 



Chap. 48. Napierville Junction IVy and Quarry Co. 44 ViOT. 

13. All deeds and conveyances of land to the said Com- 
pany ior the purposes of this Act, in so far as circumstances 
will admit, may be in the form given in the schedule to this 
Act subjoined, or in any other form to the like effect. 

13. The said Company shall have power to become parties 
to promissory notes and bills of exchange for sums not less than 
one hundred dollars and not to exceed in the whole the sum 
ot twenty-five thousand dollars ; and any such promissory 
notes made or endorsed by the President or Vice-President of 
the Company and countersigned by the Secretary and Trea- 
surer oi the said Company and under the authority of a 
majority of the Directors shall be binding- on the said Com- 
pany ; and every such promissory note or bill of exchange so 
made shall be presumed to have been made with proper au- 
thority until the contrary be shown ; and in no case shall it be 
necessary to have the seal of the said Company affixed to such 
promissory note or bill of exchange ; nor shall the said Presi- 
dent or Vice-President, or Secretary or Treasurer, be indivi- 
dually responsible for the same unless such promissory note 
or bill oi exchange have been issued without the sanction 
and authority of the Board of Directors as herein provided 
and enacted : Provided, however, that nothing in this section 
shall be construed to authorize the said Company to issue 
notes or bills of exchange payable to bearer or intended to 
be circulated as money or as the notes or bills of a bank. 

fo?rsinr'\ **• ^^^ ^"r-*"'" ^^*^" ^^'^ Company shall have the 
money hy Power upou being duly authorized thereto by a vote of a 
hrotf'^ "^^3«"ty of the stockholders in the Company present at any 
hypothec. ,,j,^ 1 meeting in the month of September' or at a specS 
meeting to be called for the purpose, to issue bonds made and 
signed by the President and Vice-President of the said Com- 
paiiy, and countersigned by the said Secretary and Treasurer 
and under the seal of the said Company, for the purpose ot 
raising money for prosecuting the undertaking; and such 
bonds shall be and are considered to be privileged claims upon 
the property of the said Company : Provided, however, that 
no such bonds shall be issued until after ten per cent, of the 
whole (^pita stock of the said Company, as provided by 
this Act, shall have been expended in and upon the said 
railway and quarries ; and provided also, that the whole 
amount raised upon such bonds shall not exceed one hun- 
dred and twenty-live thousand dollars. 

15. It bhall be lawful for the said Company to enter into 
any agreement with the Montreal and Champlain Kailway 
Company or the Grand Trunk Kailway Company of Canada 
or any other railway company for leasing the said rri^ay 
or any part thereof or ihe use thereof, at any time or 
times to such other company, or for leasing or hiring from 
such other company any railway or part thereof, or the use 

thereof, 



Proviso. 



Proviso. 



Agreements 
may be made 
with other 
companies 
for certain 
purposes. 



<: 
o: 

St 

1} 



th 



gii 



vc-.}. 




1881. Xnnerri/fe J.nriion K, and Quarr, Co. Chap. 48.' 

ov asreeiaents witl any s ch o7hi' '"'''" "">^ agreement 

"«e by one or throthero-W I !l '''''"^''">' touching the 

^•oad or movable or ,-.'!!;::!-..?.'i„^L.^'^^^, ^^^^panies of the mil- 

or 

by 

fhei 

) 

th 

Kr^htu^:'^^:'^^" ;'- '■''^\ ^r^ry' -Aether a AHensha.. 

-here hasind shdliav 'equal "iftfto b^ ?rf'\ '' '^''- '--''""'' 
said Company and to vote m fl ° *"" ^"''^ ^^^^^ '» the 
office in the said C\)mpany. '"'''' '"^ '^ ^« ^^^S^'^^^ ^o 

-Company. ^ ^^i'^ ^ct, sliaJl also apply to this '^^PP'r- 



SCHEDULE. 
FoRAf OF Deed of Salk. 

^jonvey unto the said VaDierrlll.^T ' ^7^"t> 'bargain and 
Qnarry Company tbm-r ;,^ '^® Junction Railway and 
or parLl S'Z^ SZ^^;;^^:;^^^?f^^Sns, all that'tract 

selected and laid out by the aid ctm^ «r^^^'"^= ^^^^ 
their railway and quarry ™k? to £7 fo^' the purpose of 
said lands and premises ^Zn\l -^^ ^'^'^ to hold the 
^^essors and assig^is! Wei "''^ Company, their suc- 

Witness my hand and seal, this «p 

thousand eight hundred and °^ o'^« 

Signed, sealed and delivered 
111 presence of 



81 



10 



! i 

1 






■:: [I 

-I 
I 






VOL II— 6 



CHAP 



%:■- 



82 



Chap. 40 



Hull Mines Railway Co. 



44 ViCT- 



CHAP. 49. 

An Act to incorporate the Hull Mines Raihvay 

Company. 



[Assented to 2\st March, 1881] 



Preamble, 



w 



HKREAS it is expedient, in order to promote the 
development of the iron mines sitnate on lots twelve 
and thirteen, in the sixth range, and lot eleven, in the 
seventh range, of the Township of Hull, to authorize the 
construction of a railway from a point or points at or near 
the said mines to the City of Ottawa, and also to the 
Gatineau Kiver at or near Ironsides, and whereas the said 
railway is for th<i advantage of the Provinces of Ontario 
and Quebec ; and whereas a ])etition has been presented, 
praying for the incorporation of a Company to construct the 
same, and it is expedient to grant the prayer of the said 
petition : Therefore Her Majesty, by and with the advice 
and consent of the Senate and House of Commons of Canada, 
enacts as follows : — 

1. James MacLaren, of Buckingham, Esquire ; Edward 
Anderson Craig Pew, of Ottawa, Ksquire ; James Maclennan 
and John Boulton, both of Toronto, Esquires, and such other 
persons and corporations as shall in pursuance of this Act 
become shareholders, are hereby constituted a body corporate 
and politic, by the name of "The Hull Mines Kail way 
Company" (hereinafter called the Company), and shall have 
all the usual powers of railway corporations, and shall be 
subject to the provisions of " The Consolidated Railway Act, 
18*79,"' and of any other Act relating to railways generally 
which may be passed during the present session of Parlia- 
ment, and shall have all the powers and privileges conferred 
on such corporations thereby, but subject to the provisions 
hereinafter contained. 

2. The Company is authorized to construct, equip, 
maintain, operate, and use a railway with one or more 
tracks of iron or steel, I'rom any point or points at or near 
the iron mines now situate, or which may hereafter be 
opened, on lots trt-elve and thirteen, in the sixth range, and 
lot eleven, in the seventh range, of the Township of Hull, 
to the City of Hull, and thence across the lliver Ottawa to 
the City of Ottawa, and also from a point or points at or 
near the said mines to the Eiver Gatineau, at or near the 
village called Ironsides. 

tKo'4aty1 ruf • ^^'*' ^7^} office of the Company shall be in the City of 

l^ejiots, Ac. <Jiiawa, and the Compariy may acquire and have a depot 

and such sheds, stores and such facilities for their business 

and 



Certain per- 
PonB incor- 
jorated. 



Corporate 
came and 
powers. 

Subject to . 
provisions of 
42 v., c, 9, 
and otberacts 
relative to 
Railways. 



Line of rail- 
way may be 
bui'lt and 
worked. 



■' ■""^^^iiar'^i. 



'S^J- Hall Mines Railwa,, Co 

and traffic in or nenr th 
be necessary. 



Chap. 49. 
e cities of Ottawa and Hull as may 



83 



Lompany. 



the hrst Directors of the 



one huiidivd dollars each- ami .„ .„ "'e liuiulicd shares of •"J =l«r... 
all subscribed and t™ ,«' I ,n m'S^," ™f,''"' "'"''' '^^ '^'"» "'^ 

-;C'>"'-'-ha,=;;:!>;^;r 

dollars each; and everv sn h Jl than one hundred "^"^ -come 

<'YP>i..no.« 1 ""'^^^'^t^iy su(n promissory note anrl hill ^f paries to 
exchange drawn, accepted or endorsed i„f v.!' *-*J' J of promissory 

Company by the Presidenf J v ]i • ^"^ "■''"^^ ^f the "ous. 
and Treasu/er of thrCom .mv^ nT ''''^""^' f ^^ ^'-^'^^'^tary 
of the Board of Director^ sh a I'l" P"^!^^^^^^*^ « ' ^ resolution 
but the said officers or dthefnht'"'^'"^?!^^^ Company; 
ally liable for thrs;me un W ^^em, shall not be person- 

of the Board of ])SX ^-Jn thf ^'"'^'"'''^^ ^^^ ^''^^''^'Y 
alone, and not the Corn. C^ ^vhuh case the said officers 

however, that nolhhig Hh "'jectti shall ^b '^' ^ '/^^^^^ T'-'-' ^ - 
authorize the Comoanv to i«.,T 1 ^^ <onstrued to banknotes. 

to bearer or inteX to be ul^^ T' "' '"'^ ^''^"'^^^ 
note or bill of a bank. ^^'^c^'-^t^d as money or as the 

.we...y s,,ares of .,/e ■ api.i'r:„':.i.':,;'';£ra1fc!;ni<'i;:;;r"""'""- 



lail.vay for ,h/ nso'ol ;."'•,. ""i!' ''"lOcoidental -•;;.?;. «.. 



^\SUl:^ »'" "'■ "'« ■-i"ay hri,;-;^-^;'!^^, 

Ottawa. 

tlu,t may be ao-reed unon h/ '^vf^^'*^'* ''"' ^"^ *•''"'"« '°'^','''= °^ 

approved^ of by^lwo th d of'th ;h;;riT'^"^ ''"'^^«' ^^^^^ ^^y 
person or represented bv nvnvV ■shareholders present in be jSa J wit^ 

of theshHreholde- n^tl ^ ^ ^- ^^ '^^'^''^^ ^^'"'^'•"1 meetin-^ """ '^o" 
i-i. ^n.Hienoiriei^oi the respedne ('omivnii\.c r. ,i) i p Ii°7 Oumpany. 

=ana 1 1^^ £j:::ffF ^^--^^^ 

n,„.s and _privl,e„. pr^^tS^ ;L:.tS-.;r-lt 'SS ■""-"■ 

Company, 






<t,..-. 



8i 



Chap. 4r). 



////// Mines Raiftv 11/ Co. 



44 Vict. 



Chanfje of 
name in such 
case. 



Running 
powers of the 
O. and G. 
Railway Uo. 
over the rail- 
way, &c, 
after com- 
pletion. 



Company, as well as its own proper powers, riy-hts and 
privileo-e,s ; and the purchasing Company shall thereixpon 
become and be subject to all the then debts, liabilities and 
obligations of the selling Company. 

10. In the event of any such sale and purchase, the 
purchasing Company may make any change in its corporate 
name which the Board of Directors mav adopt, subject to 
the approval of the Governor General in Council ; and such 
change shall be advertised in the Canada Gazette and in 
some newspaper published in the City of Ottawa once a 
week for four weeks after such approval. 

11 . When and so soon as the Company shall have constru.ted 
their said rail way.and from time to time after the completion of 
any part thereof, the Ottawa and Gatineau Valley Railway 
Company, or any othtn- railway company, may acquire and 
shall have the right, but not an exclusive right, to exercise, 
tor the purpose of their traffic, through running powers oyer 
and along the railway of the Comi)any at or Irom the junc- 
tion of the Company's railway with t'ho line of the Quebec 
Montreal, Ottawa and Occidental Railway in the City of 

A !\'?^'^'^^'d' a^id over any and all branch line or lines 
and sidings of the Compan}^— such running powers to 
include the right, privilege and power of running the trains, 
locomotives and cars of all and every description engaged in 
the traffic of the said railway company or companies -^ Pro- 
^'1! 1? always, that the exercise of all such running powers 
shall be subject, both as to time and manner of usage, to 
agreement from time to time made and entered into between 
the Company, and the said company or companies; which said 
agreement shall also settle and determine the amount of 
tolls, rent or compensation to be paid by the said (>omnany 
or companies. ^ 

amiigamate n,P" ^he Company shall have power to amalgamate with the 
with the said Ottawa and Gatineau V alley Railway Coinpany,or the St Law- 
r,viiway com- r,>nce and Ottawa Railway Company, or to sell, lease or convey 
to either of the said companies, their line of railway, fran- 
chises, stock and property of every kind ; and from and after 
such amalgamation or sale, the line of the Company shall be 
deemed to be and become a portion of the line of the Ottawa 
and Gatineau Valley Railway Company or the St. Lawrence 
and Uttawa Railway Company, r.s the case may be. 

i^'ciselL"" **• ^^T''^ dispute or ditference arises as to the mode or 
companies do "j^'^""^^' ^} <-'xercising the running powers, the terms thereof 
not agree. shall be determined by three arbitrators, one to be chosen by 
each of said railway companies between whom the dispute 
or difference has arisen, and the third by the two so chosen 
or m case they cannot agree, then by a Judge of the Exche- 
quer Court of Canada. 

14. 



Proviso, aa 
to exercise of 
«uch powers. 



^ '^ -m 



44 Vkjt. 

iyhts and 
thereupon 
litios and 



;ha8e, the 
corporate 
subject to 
and such 
tie and in 
a once a 



1881. //,,// j/,„,, Eai(wa>y Co., .^c. Chaps. 49, 50. 85 

In?*; f?^ ""^ °^^'' ''*'''^*^^''* '"'^^ boats to carry the pro ""'>', o-"ard 

any p^r S^l^e" 'V'^^^ ^^'^ ^>^'-« '^^ ^"^-^ "^ "■"--' 
AmerL nml? '' i^^"'"'^^ ""' ^'^« ^^'^^^ed States of 

meKhandi::' ^" '""° ^^"'^ ^"^^"^ -^^"^^^ «*' -^^^ o^' other 



•nstruited 
ipletion of 
Railway 
]uire and 
) exercise, 
vvers over 
the June- 
e Quebec, 
e City of 
e or lines 
owers to 
he trains, 
igaged in 
3S : Pro- 
ig powers 
usage, to 
3 between 
hich said 
mount of 
company 



•with the 
e St.Law- 
or convey 
vay, fran- 
and after 
r shall be 
e Ottawa 
jawrence 



mode or 
s thereof 
hosen by 
2 dispute 
> chosen, 
e Exche- 

14. 



CHAP. 50. 



An Act to 
dian 



Wponite the Eiiropean, American, Cunu 
.uul Asiatic Cable Company (Limited). 



1). 

[Assented to '2Ut March, 1881.] 

WJi^^J^^r.-^^*" persons hereinafter mentioned have, by P.eamhle 
belranted fnir"' f "Fk^ ^^"^ "'^ ^'^ "^ incorporation may 
coSnlf .• *^r/^^ the purpose of establishing telegraphic 
comniunication between the Dominion of Canada theUni ed 
l^^^^^T.^""^ ^^^^' ^'^^"^^^^^ ' «"<! vvhereas it i exped ent 

oy and \Mth the advice and consent of the Senate and limJ<l 
of Commons of Canada, enacts as follows :-! 

Cxreef NvilHn!!.'p ' ^- ^^'\ i^r"' '^^- ^^- ^^^''> Nathaniel Co .pany 
ureene, n lUiam Coppm, and Thomas Brown, all of London '"e^'Toraied. 
Ijngland, Henry N. Bate. Charles T. Bate, John GHmou Allan 
Crilmour, the younger, Benjamin Batson John R Boo h Joh 
hueetland and John Mather, all of th^ City of OttvVa i 
the Province of Ontario, and.Iames MacLaren of Buckin-har^ 

7et"J':r''' '^ H.'''^'?^ '^^^ *^-^r a,ssociai:;, and afiS 
pel sons who may hereafter become holders of the .Innl- 
heremafter menfimiPrl .... i.«.„u„ 'l/T.Tf'^? " V^*^ ^{"""^^ 



?"naSr ^l i'^C-^iro or "^''-.Europ...... Z^^, „„„„., 

cinaaian dnrf /iw.ujc Cahle Conipany (Limited)." hereinafter <?«""»' P''^- 

"S^4 ;::;,;'!!,ps:{!r.i^^^'''H«hing teie. ^rr^ 



Canadian and As^ •- r-.X. o "A "-.-^n'op^.a,,, American, Name and 
called " the Con 

nSJ'!^T'?'''"'/f^' ^^^■'"" Sabielsiand and anf other 

the coasts of^Oreat Br^t^X^'^^T ^S^t ^f 
Europe or elsewhere, as the Company may determine and 

SoTlCdiTo^f"^^ ^'' the A.eiL cJasrofTh'Som' 
tTL^-!i n ^"^ 'f^Panand the continent of Asia- and 

■T.xi._ij ,,,,iy 1-easonably come within the scope^nurooses and 

stfhtrd anTf ^' '^ ^'" \^^' ^^"^ ™^J^ a^aji^ir^^and ho d 
SUCH land and beach as may be requisite for their actual 

u.e and occupation for stations, Stfices, and construction 

purposes, 



F- 









h,:I(l 



i-r 



86 



II 



Speoi il 
jiower to 
connect w 
internal li 



Capital 
stock anil 
shares. 



Pro 



V130. 



Proviso. 



Power to 
borrow 
money and 
issue bonds. 



Provisitnal 
Board of 
Directors 
constituted. 



Chap. 50. Euroi>ean, American, Sec (\b/e Co. 44 Vict. 

roT'"'" v'^^' ^^- ^'^^'V'" ^"^ "^onsh-nrA, purchase, h^a.e and 
Nvork any line or lines of teloi?raph ironi and to any place or 
places 1)1 Canada, either by 1 md or wat» r. 

• ■ the\over,^?Tp ^' '^f. ^^^'^ ^''''''''' ''-'^^ the consent of 
'"' "'^A'/'^*^"-or in Council, to connect the cable and cables 

internal telegraphic system of the Dominion or with the line 
orjines ot any telegraph Company in Canada. 

». The capital stock of the Company shall be one million 
five hundred thousand pounds sterling, divided into shaiv 
of wenty pounds sterling each : and the said cap itd mav 

on Zr'^l'''''^ 'r^"-'? ^^"^•^' ^y resolutions ofL BoarJ 
of iJirectors, by and with the consent of the maioritv n 

value of the sh.Teholders having a right to vot. aTherei 

tte'l^'"'l''?n-^''""^^^^'^"^^^>'«that'it shall be aw fib r 

the lioard ol Directors, prior to the taking and receivino- of 

nto sh^ris'oV' '^'^""''^ ''''^^ '' -avert the saii^ hare 
iiito shares of any other amount in sterling, or currency of 

shT/l t r °r n' ^Z/'^':^! ^'""'''^ ^"d provided aZ that i 
shall be lawful lor the Company to issue certiiicafes of stock- 
in sterling, or currency of Canada or of the United sStes 

^^f■J!'^;^''^^^''''\P^^]^y''^^yhorro^y such sums of monev 
of the Sf "' '" '^ amount of the paid-up capital stock 
ot the Company, aijd may issue such bonds therefor not 
being l^or ess than one hundred pounds sterlino each or its 
equivalent in either of the currencies aforesaid and mad^ 
payable at such times and places and bearing such interest 

the cZranv m^^i "^"""^ ^^^ ^"^''^^^'^ «" otherute) " 
tne Lompany may deem expedient and proper for the catrv- 
mg out of the purposes of this Act. ^ ^ '"' '"*^ ^^rrj 

5. Sir E. J. Reed H. Van Laun, W. H. Chase, Nathaniel 
Greene Henry N. Bate, Charles T. Hate, John oTlmour 
Allan Gilmour, the younger, Benjamin Batson. .Tohn R K h 
John Sweetland, John Mather and James Ma. La en abo v 

named, are hereby constituted a Provisional Board of Directors 
of the said Company, and shall hohi office as such uiitil other 
Directors shall be elected as hereinafter provided and in 
the event of any oiieor more of the said I'ri vision' I Directors 
dying before the election of other Director.^ the \^urviVo s 
hall constitute the said Provisional Board Pro is onl 

and s;^ ^jj Sr^^^^ '■'''' ■''-''' ^----^^ '^^^ 



Rights of 
aliens, and 
limit of 
liability of 



«. Aliens shall have equal rights with British subjects to 
take stock, to vote and to be eligible to office in the sad 
'^'-ehc.de,a. SZr?;.''''? no shareholder shall be liable, beyond the 
extent of the stock subscribed by him and rem,) nin^ unpaid 
for any debt contracted by the Company ° ^'^i'*^**' 



r^niK m 



1881. 



■vmk'%-m^'c,?n 



Europenn, American, S^-c, Cable Co. Chap. 5i>. 



87 

7. So soon as twenty-five per centum of the said capital fi,,, 
<^tock .hall have been subscribed, and twentv per Centura m/^UnTor' 
thereon paid up, the said Provisional Director.;, or a majoritv ^b-^^hnijer,. 
ol them may call a general meetin- of the shareholders at 
London, ling and, or at some place in Canada, as the said 

\^nnlhcT\--''^T 'l^'^y thi»k proper, giving at least three 

months notice in the Camdu Gazelle and in one newspaper 

or more published in Ottawa, and London (England), a.s well 

as in the place where the meeting is to be held, if not one 

Ol those two cihes ; and at such general meeting the share- .-,,,,• , 

ho ders present in person or represented by proxj- shall elect SSoT..'" 

not less than nine persons, of whom a majority shall be 

Jiritish subjects, to form and constitute a Board of Directors 

ol the said Company, 

.nfi; Tl^'^ ''^^'^1',1'^f *^' of business of the Company shall be at Chief pUce 
MKh place in hnglaud or Canada as mav be determined by "' b"sK 
thii Directors ol the Company by by-law." 



Appointment 
of Preaidenf, 
Vice Presi- 
dent and 
other officers, 



Quotum of 
Board of 
directorj. 



Proviso: li- 
mitation as 
t" '•asting 
Tote. 



by 

..%7^t ^/^■♦^^J^^-s shall appoint one of their number to act 
as i lesident or Chairman, and another to act as Vice-Presi- 
<lent or Deputy Chairman, and may appoint such other 
officers and agents as they shall deem necessary ; and he 
Directors may remove all officers appointed by them and 

T:"2 °'^'p- "' 'hY fr^«' ^''^ ^'^y ^i" ^" Vacancies n 
the offices, tive of the Directors shall form a quorum; and 
n^l questions shall be decided by a majority of\'otes of the 
Directors then present or represented by proxies, each of 
nhich proxies shall be good only until the annual general 
meeting next after It is given; and upon every equal divi- 
sion the President or the Chairman for the time being shall 
give his casting vote in addition to the vote previously o-iven 
by him as one of the Directors. "''Ooi^en 

lO. The Directors of the Company for the time beiii"- miv n • . 
open or cause to be opened stock books for thnvibscrlpS ^^^^. 
I P^^*^e« desiring to become shareholders in the capital 

T W S V- V'^^^TJ'' "' *' "'^"y *»d such places in the 
United Kingdom, Canada and elsewhere, as they shall think 

th;v'lLfl'Y.<ffii ' such shares payable in such' manner as 
«SA 1 *^ r' 7^'/"^ her, may i.ssue shares for stock Shares and 
stibscnbed in Lngland, Canada or elsewhere, in .^uch ^'''"^t''^' 
amoun s respe.tiyely of sterling money of the United King- s^ii^nVor 
dom,orofcurrencyofCanadaor of the United States, as <="^«°'=y- 
to the Directors shall, from time to time, seem lit, and may 
make the dividends payable thereon in like sterling monev 
or currency of Canada or of the United States, in England; 
Canada and elsewhere, at such place or place, as to the 
Directors shall, from time to time, seem lit. 

II. The said Diredor.s ..hall hold office until replaced at Term of 
general meetings of the shareholders of the Company called ^^- of 

•' ' „ Directors. 

lor 



Tt 






■! 



W- 



(■' ■ 



88 



Proviso : 
who may 
Tote at 
meetings. 



Chap. 50. European, American, ,Vc., Cable Co. 4i VicT. 

for that purpose in ma.mor Ibllowing. that is to .say.-three 
Directors shall retire in oac-h year, by rotation )n t ever v 
retiring Director shall be eligibl^ foi- ilelection a at a I 

he meetings of the Company each share shal entitle tl. 

Vp?Lv'"V''^^'^^i^"^'^^ t« S'ven either in i^erson^^. 
S ec7to \Z\ :t ^'r^^yi^hat no shareholder 'shall be 
intitJecl to Aote thereat who does not hold stock to an 
amount eqnal to one hundred pounds sterling or its e miv 
st; Zn^'' f *'^' ,<=V"-^^ncies aforesaid, and whose lame 
.hall not have been duly registered in the slock books of 

^nSK^nfiJa;'^''^ calendar months befbre sucl! 

In.!,? J,'"" ^^°''n- ""^ P^''^'""'-'^ may, from time to time, appoint 

e rilrTorTif thff ''^ "^ '"7 city or place, either in British 
Territory 01 m the territory of any foreign power or State • 
Provided always that such honorary local DirtXs shal be 
duly registered shareholders of the Company 

&how'" n-^'*'; ^^''^^"•;r;': ^"« member or more of the Board of 

annoira Tr ^' "' ''^^ '^' ^^^'^^"^"^^ Directors shal 
appoint a Director or Directors in lieu of the person or 
persons so dying or resigning. ^ 

I -I. The said Board of Directors may, from time to time 

m^bVltsT^'ilT'^*^' ^^^"' """^^' ^'' ^^l^^^^l regulations 
and b> -]a^^ s lor the management of the affairs of the Com- 

pany generally ; and every regulation and by-law made ly 
mkt^UotTe'^'l^'""''"! "^ ^'"^^^ until the same is su ,^ 
™all tl ereofti'^l. ^"V^ '^'f "^^ of the shareholders, and 
them ^''''^^^^^'' ^'''''' ^°''^« o»ly as approved or amended bv 



Appointment 
cf local 
honorary 
Direclora. 

ProviBO. 



Board may 
make by- 
laws. 



Subject to 
approval. 



o7Srtr -/^-y -7 e^em proper, un^ the" penaltTof tS u^e'of 
.eet them. ^H, ^^^^h stock and previous payments thereon after thTrt v 
daj s notice given to each shareholder, by notice addressed 
to him in a registered letter: and the Company marribl 
and recover all such subscription. : notice of the times and 
aces 01 such payments shall be published for four weeks 
previous to such times, at least once in each week in the 
Canada Gazette, and in such other newspapers pubHshed 
m Lugland or elsewhere, as the Directors m^a/thlfk proper 

8har°ef to'be ^J ^^ assignment or transfer of any share shall be valid 

registered. m .4rectrial until such transfer be entered and re.n tered ha 

book to be kept for that puri>o,^e. " ^isrerea m a 

Ten per cent. 17 Nn c,iKv^,.^.|;^„ -.c _.- u- ,. ., 

to be paid /-, " ' " ■"■■■• -iixon Oi .tiulK m tne said canital of th^ 

upon Lb- Company shall be legal or valid, unless ten per centum 
shall have been actually and bond fide paid therLn wfthin 

thirty 



1881. 



European, Amerinut, Sre., Cable Co. Chap. 50. 



89 



^hllT ^^^^^f^Jwtio'i ot Iho Company from any cause 
whatever. And the said ]3oard of Directors or a maSv „ 

KUJi subscriptions have been recorded, refuse to accent the ""»^ "f'-^e 

Ser ^dehv o'' "^- ^'^'^^^r''^ )^'^^' "^ ^^"^ Judgment ^^^o^M u^n.^"^-^'^' 
nimlei, delay or ]irevent the Company from iirSceedinir with 
an^ completing their undertaking uifder thl^ pi-ov/S of 



semi- Annual 



IS. t shall be the duty of the Directors to make semi- 
annually or quarterly dividends of so much of the pi^H ts as -"--' 
to them or a majority of them shall .eem advisable and ^^"^*''?' 

rTnde'd bv t^" "/• T^' "'" ^^^^^^^'^ statement shalf be -nuToV 
rendeied by them ot the state of the affairs, debts credits T-T^I 

of Canada being' SptJ' ^^x/^-Lt ^oV he^^C^^nSSS ^^- - 
fetatixtes thereof intituled "A A7 r«.;,.c/4 S^^^^^^ 

SX?m'' T'^'^' Act passed in the thirt/-eio-ht?y?ar 
ot Her Majesty's reign, intituled "^m ' • = "." yef^^ 



Consfn/rtioH 
ra/ihs. 



Act 



nnii yiaintenauce of 31nrine 



rei^^vlate the 
'J/ectric Tele- 



in'two'^ vea^In^^ "'' Company shall be commenced with- Commence- 
v,-^i?, r^ ""^"l"^ ""^ '"^^"^^ cableslaid,?nd completed ■"«"»«"'! 

ths Te/Xlir'nT ''; i-f"S-^th- Act. othe^w^se rwffir 
^all ^ SCtcTsllilfllj-^^i,^ 

for;iy?oun?r7wh"riafl ha^^^'"^f ^^ 

Company to ^^'Sl tei^^^^Sb^^Sfril: ^ ^ ^^'^ 

eLSh vtto^^^ ?' Jiiirteenthse.Mou of the Act thirty- 

eignm Victoria, chapter twenty-s x, have equal rin-hts witb 

eoutd'h""^'"' ^^ ^^"^'^^ = ^^'^^^^ suchlransmis on be 
required by some person officially charged with the admin! 

istratioii 



M 

i ; 



w 



Hi: 




90 



Charges 



Chaps. :»0, 51. Europen,,. Amennin, Sf-c, Cable Co., 4-c.4i ViCT. 
istratiou ofjastiu. .., ^mthorizod to require such transmis- 

TZtl ? f'""''"''^' •°*' ''""*" ^' '^y «'''"*' "Officer h oKlinTa 
corresponding position in such foreign country. 

aa. The charges for the transmi.s.si..n of Gov.Tnmont mos- 
sages shall ho reasonahh> and uniform. 

^rt/d^nce tcdp?;nnhf/K'^'' ""^ ^Tf^^f"''" "" '•^''^l^^^^' ' ^ th. do.spatch of 

of mesiages. telegraphic bu.siness shall be as follows:— 

1. Government Messages • 

2. Telegraphic buMnes.s of the Company ; 

3. General business. 

The line shall be kept opm for daih' business, and all 
messaoj.s shall, m the .bove order, be {ran^mitted accord- 
ing to the time ot receipt. 



tionsof Act. ",«"o^ the Act thirty eighth Victoria, chapter twentv-six 
and38V.c26. shal extend and apply to messages to and from the Govern- 
ments of the foreign countries ret\.rred to in .section twenty- 
one and the subjects or citizens thereof. ^ 



Preamble. 
43 V., c. 61. 



Name 
cbaaged. 



CHAP. 51. 

An Act to aniend tlie Act forty-third Victoria, chapter 
sixty-one, intituled '< An Act to incorporate the 



A.ssiniboine Bridge Conipan 
1 nine of the said Company. 



V, 



and 



to change 



the 



[Assented to 2\sl March, 1881.] 

TU IIKREAS the Assiniboine Bridge Company, incorporated 
«1 1 *u^ V^^ ^^* orty-third Victoria, chapter siiy-one, 
and others have petitioned for an Act extending the powers 
«trn.f ^^\ ^^"IP?"^' «"<!, authorizing them to build, con- 
struct and maintain a toll bridore across the Red River from 

Ku-ZI" f''"*^"' *^' ?^^ of Winnipeg, in the Province of 
Manitoba, to some point on the opposite side of the river 
Ti /' expedient to grant the prayer of the said petition :' 
Ihereforo Her Majesty, by and with the advice and consent 
follows*^^ of Commons of Canada, enacts as 

..^A^^V^^'"'^''^ ^t^f^^ Company shall he changed to, 
and the Company shall hereai^ter be known as " The Red 
Jviver and Assiniboine Bridge Company." 



1'1 - 



18S1. ^^f^d Hirer HHft AfsiNihohie llridge Co. Chup. 51. 91 

er *"t lonsinwi ^;;:'';f ''>',''•''. JH'>''hv aufhori.o,! to buihl, Toll brl.,. 
euct,conMi ct work, luai/iniin ai!.( manimv a solid and ?'*' «'"l 

r,u- n-W- "^ «<.me point with... tlK.li,nit.sof th. said -"'W 
C > ol \\,nn.p,^g to a point on tho oppo.^i,.. l,a„k of tl^ 
«. r T^ ^'^ "'■•"'■? ""^ ^onsfuct toll-houses an.l toll-o-ates 
with othoi- dependencies and approaches to or upon he taid 

thi'nt" :fsha?r !° ^^^-'^--"^*'' -» -cl. other Inatft'Ind 
tnings as shall he necessary, useful or advantarroous for 

laid WKi:;el;d';ii 'r''^' '^'F'"^ "^^ ^"^ ^.^^^ z 

«ub let fo"^h *«^l-'f*^"'^*''^- «''^ f?«t''« '^n<l oth.^ dependencies. 

J«. The «"ia The Red Kiver and Assinihoine Ihid-'e Powers of 
m^nSenrifA" ^''--"■^:\'-^^^tio"- work, mai,.tenancj 3 KV^L, 
ks t3l X' ;V'''^ bridgv aeross the lied River, and in g?i ^^^ 
^..; ^^ ^^' «^^'^«.""'l other depend.'ucies, and the 

impos ., and cole, t.on of tolls, and in all othc^r respects 
ha^e (he same rights, i,o\n crs and p.-ivileges as are conferred 
upon and enjoyed l,y '• The Assin I„ :ne Brido, CoZX^ 
ni respect of the A ssini hoi ne Bridge hy the Act iSv- 
ariv t^' k"" iVl'.'l'?.-^^' ^\' "' ^'^ '-P-*« be tall:;; t^ 43 v., c. . 
apply to the suid 1 ed Kiver Bridge, as if the same had been "^"P'''?- 
onpnally uH-luded in the said Act of incorporatioirexc^ 
as IS hereinalter mentioned. txtepi 

d.-a^wlrsvvfi^t'^^^'''''^''l^^'^'^^^^^ ^'' provided with a Dra.or 
con^\rurie.V.5; 1^'"^ fu""^ practicable arranoem..nt so r^ ''"'^«' 

Si 1 P^^^"^'"*^ of steamboats, vessels, boats and rafts — '^"^ked bjr 
vtiiKh drawor swing or other arrangement shall at all times """P""^' 
tLrtf '"'^ ^""'^ "' '^' ^^P^»^^' «'■ ^he said Com mny 

o rX ^ ^^'''='' "^ '">' 'Steamboats, vessels, boats 



2. 



ize?i Iltr^ir^r'r'^^'T''^ Company are hereby author- 
ized, alter the sanction oi , maprityof the shareholders 

E."'t bniTf' by proxy Jt a special o-enei'l m^^^^^^ 
ing to be railed from time to time for that purpose 
to issue bonds under the seal of the said Comnauv' 

SSi'd ll t Srr;'"^ °^^\^^^^- p-rdi»8-officerlniruS: 

able at Zol\^^ '^l '■ ^""^ u""^ ^*°"^« ■'^^all be made pay- 
nla. e« in r , T" ^"i"^ "^"^'^ '''''''''^'' '^''^ ^^ such place or 
fueb r. i ?• ^ ""l elsewhere, of such amounts and bearing- 
such rate of interest, as the Directors shall think proper • and 
bettr^' t^' ^^t.^«"t registration o> Ibrmal 00m eyance 
be taken and be considered to be the ,nst and prefemi kl 
claims and charges upon the undertaking and the pro eAy 

time after acquired ; and each holder of the said bonds shaU 



Bonds mar 
be iaaued hj 
the compan/ 
for raisiog 
money an J 
secured by 
mortgage. 



I 

I I 




IMAGE EVALUATION 
TEST TARGET (MT-S) 




fe 





{./ 



4 




Z 







tA 



f/- 



1.0 



I.I 



ui ii£ Hill 

:^ 1^ 12.0 



12.2 



11:25 ■ 1.4 



18 



1.6 





IP 



Sciences 
Corporation 



23 WEST MAIN STREET 

WEBSTER, N.Y. 14580 

(716) 872-4503 




02 



il 



Proviso : 

Kmouai 

JiOiiied. 



What toils 
ici.v be 
cbarged. 



Chaps. 51, o2 Rid Hirer SfAm,nboh>e BrirlgeC, . Sec 44 Vict. 

ISth'Tl'H *"" /f \nioHgaff.v and in.uml.rancor ,.,;> rata 
^^, h all the oth.-r holders theroof upo.i the und/r k no 

^a^. iJirectois .shall have power to issue and s.'jl orpledoe nil 
or any ol the said bonds at the best price and upon h.? he 

bHirforX'^^"'" "H^'^--«^ ^h'^*"-^ they mT;'be' blot 
obtain, for the purpose of raisin- money for prose.utin"- the 
said undertaking: ]Vovided,^that the amoimt o 'm oh 
bonds so issued, sold or pledged, shall not. iiX aXe.v te 
exceed the sum of seventy-five thousand dollars. '=^'"-'^^ ' 

sectiol^f ^1t "flTf!::. ^'r ^^^''^•^'^ ""'1*^^ '^'' nineteenth 
Mctionot the Act lorty-third Victoria, chapter sixtv-one 
h.jreinbefore cited shall apply to the bridge a^cross tl^ Zl' 
A^^f -K ^v'^^'^^'T^^- «« ^v^^Il as to the l)ridge across the 
CO ained"' '''' "'^•^'"^ ^" '^' P'*^^'''^" "' ^^e^aid sect on 



--kiil^i.ed. onJ'vI''" '"i"^ ^''^^^'^^"' ^''*^S« shall be commenced within 
ofthis Ac" "'"^^^'^'^^ ''''^''' '^^'•"" >'^'^"'^ ^'^'^ the pas.;in^ 



CHAP. 52. 



An Act 



to incurpoiate The Moncton Harbour Iinprove- 
uu'nt Coinpaiiv. 



PrfRiLbie. 



[Assented to 2\sl March, 1881 ' 

TV IIER]':AS the enlargement and improvement oi the 
TT Harbour on the Petitcodiac Kiver, at or near Hall'.s 
Creek, in the Town and Parish of Moncton, in the County of 
Westmoreland and J'rovince of New Ihunswick, would 
advance the general interests of Canada, by affording greater 

Pn rAf^'^'/^'.^^'V"' '"^^ ""loading of vesse"ls°at the 
I oit of Moncton, thereby securing the necessary harbour ac- 
commodation lor the greatly increasing trach/of Moncton 
and the surrounding country, and a better means of ship- 
ment tor large cjuantities of freight carried by the Inter-o. 
lonial Ixai way to that port, thereby greatly increasino- the 
same; and whereas certain persons hereinafter named are 
desirous to undertake and carry on the said work, and have, 
by petition, prayed that they may be incorporated for the 
purpose and it is expedient to grant them the prayer of 
Jhoir petition • 1 hcrefore Her Majesty, by and with the advice 
and consent of ...eSenate and House of Commons of Canada, 
enacts as follows : — 



'i'"»w»Wl««*!ltMMm 



44 Vict. 



Certain pe- 
SuiH iueor- 
Morated. 



1!*31. Mon<:to,> Ilarhnur Imin-orement Co. Chiq.. .3-2. 

1. Jclin J- Harris Eli«8 Eotslord, Kdwanl \). ("han.Ik.r 
( hnstophor P. Harris. Joh M.K.nzi.. D.-ni.s A ] V 

H. hlhott, John A Ilumi)! .-y, Al.iior Jones, Modi's Jon.s 
Martni Dowl.ng, Ja.no.s McAllister, R. Tho m, i^i T, 'l IJ' 
reno V ^orl,os, William R Fero-uson, Jo." h r,, i'r' 
Kdu-nvl r f'nl,, T ; Vi ••, '-"viKlali. ^orlnan IWton. 
W n wll .^ r Af' ";"'"I'on, Amos H. Chandler. Georir. 
\\ Chandler JlnamAV Palmer, Il.'nrv T. Stevens. Frederick 
W. .Sumner, Kuhert Cochran, AVillian/JI. T. Sum er Geonr. 

Jit Old, Jtobeit K Loyer, Ila'-vey Atkin.son and IVter Me- 
.-uevny.and snch other persons a.s may Invome share oldes 
in the corporation to be l>y this Act created, shall he and t lu'V 
are hereby erea ed, constituted and declared to be a c^V>ora- 

Moncon•H!;t''^''"^ '''''''■''''• ''>' » he name o'^ The 

ih^ Comm n:^^ ' u?T''^^^^^^ 

mc Lompan>) and by that name shall have nen>elnil 

succession, and shall have a common seal and othj^ th 

usual powers and rights ot bodies corporate, no m onsi^te 

with the provisions of this Act ; and by that uC^^^^^^^^^^ 

may sue and be sued, and may purchLe. acq re and ho 

lands, necessary for the purposes of the Cor3m u' a d 

c^'^oii^wrfr'^^^'^"?^^ '-<! apiJur;^;a^;:^« 

connection with lands ior them, their su.vssors or assions 
prn lieges und appurtenai-»s so purchased or acc.uired as 

passing ot this Act. I'owers c 



93 



•'jrpo.-itfl 
name and 



/e< and empowered, from and after the nass.n" ot tjii, 
ser\cinis, to construct, make and comi>lete and imiiU«h, 

oihe Vovk ";f ;h' pT' " ^";«'>»'-r' '-i^^ <>"■"' «■•" -h 

heS r.tf^^, 'S"""''"!'"?'' >"""^ <"■ l''"''^^'' »Io"ir 



the oompaay 
for the im- 
provement 
of the Kar- 
bour, Ac. 



How the basin and the W kr/he .ofio „c /Sr.nd „"v' , 
^tssusand boats tohealloatfor the more convenient «iwl 

?rowaTs , °„'tt' T" ;"!'r "'s }^«'>^^^^^^ 

nowage sliail not be extended above the bottom of the slni<.e 
m the aboideau in Mill creek, near HumXoTs mifTo the 

mahitain . wh.rv.i T ir''"^'' '"*^ ^« construct and 
and suthcient harbour at the town of Moncton. 



il 



i 



94 



ApproTal of 
Governor in 
Council 
Inquired, 



Lands xany 
be tnterea 
ujion for 
B-rvcj, Ac. 



Necessa-y 
toaterials 
maj be ac- 
•gaired and 
I'iaced or 
removed. 



Wbarves, 
buildings, &v. 
may be con- 
Etructed. 



Al60 damti 
nod embank- 
ments. 



Chap. 52. Monrfun Harbour Iniprovement Co. U Vict 

a. Provided alwayis, that before the Company shall hreak 
groiind or commence the construction of the said works the 
l^Jan location and dimensions, and all necessary i^articulars 
ot the canals, cuttings, sluices, locks, dams and other works 
therewith connected, shall have been submitted to and 
shall have received the .san.tion of the (rovernorin Council. 

3. For the piirpnsos of thi.s At. and subject to the 
provisions oi the next preceding section, the Conipany their 
deputies, servants, agents and workmen, are hereby jiuthor- 
iz.'d and empowered to enter into and upon any lands and 
grounds of the (Queen's Most Excellent Majesty, not herein- 
after excei)ted, or of any person or persons" })odies politic or 
corporate whatsoever, and to survey and take levels of the 
same, or any part thereof, and to set out and ascertain such 
parts thereof as they shall think necessary and proper for 
making such intended canals or cuttings, sluices and water- 
courses, locks, dams and other works hereby authorized, and 
such ands as the said intended ilowa-e is proposed to cover 
anil ail such works, matters and conveniences as they shall 
think proper and necessary for making, preserving, improv- 
ing, compietmu-, maintaining and using the said harbour, so 
enlarged and improved as is proposed, and other works 
•onnected therewith : and to dig, cut, trench, g^^i, remove 
take, cany away and lay, place and deposit earth, clav, stone' 
soii, rubbish, trees, beds of gravel or sand, or any other 
matter or things which may be dus: or got in making the 
said intended canals, cuttings, sluices, wat^ urges, lock? 
(lams, embankments and other works on, th h or out of 
the lands or grounds of any person or person,, body politic 
or corporate, through, on or over w^hich it may be necessary 
to carry the same, or adjoining or lyino- convenient thereto 
and which may be proper, requisite or necessary for makine:' 
or repairing the said canals, cuttings, sluices and watei- 
courses, locks, dams and embankments, and the works 
incidental or relative thereto, or n hich may hinder, prevent 
orobstmct the making, using, completini>', extending- -and 
maintaining the same, respectively, according to the intent 
and purpose of this Act; and to make, build, erect and set 
up m or upon their lands, such wharves, buildino-s, houi^e^ 
engines, machines and appliances as may be requisite and 
necessary for the more convenient fittinir, repairing, gravino- 
and rebuilding of ships, steamers, vessi^ls and boat^ at ov 
near the said Town of Moucton, as well as such paths,'roads 
and other works as the Companv shall think requisite and 
convenient for the purposes of the said works, and ])y means 
of the said locks, dams, embankments and works, to retain 
and keep the t.dal waters ilowiny into and alon.>- and 
hrough the said Teti^codiac Kiver, Hall's Creek and its'tribu- 
tanes, as well as the waters flowing and running out of the 
same and thereby cause the llowage of the said Hall's 
Creek and its tributaries and the banks thereof, and the 

lands 



18H1. MoNctofi Harbour Imjnovemenl Co. Chap. 5i>. 

lands ^^onlermcr on the same, or adjacent thereto, or the 

^ sth'i nrh^^'f"''^"'" ^^'^'^ "^"^ ^""^1 adjacent 'thereto 
.a such depth and over such extent and length, and lor such 
time or times permanently or periodically, and to divert ^ny 
bro.,k or xvat.'rcour,se, or »hange its direction, and to use 
keep and retam the ^vaters thereof, and enlarge, deep urn' 
widen the said river or creek and its trihutariJ^ or any par 
thereof, or to exclude and keep out such waters thenar m 

o make a pood and sufhcient harl,our where ships, steamers, 
vessels or l.oats ,an he alloat at all times, and eonvenieiitlv 
load and unload, or be repaired, refitted, graved or rebuilt 

Zrt'"'"''^^ "^ '^' ^r^^'-^^y '^'''^^ *hink requisite ad 
necessary; and also from time to time to a ter, repair 
divert, widen, en large and extend the same ; and to cons uc[' 
erec , make and do all other matters and things whi.h hev 
shall think convenient and ne.-essary for the construetin"- and 

to the rue intent and meaning of this Act,-tli.'y, the Com- 
pany, doing as little damage as m.,,v be in the execution of 
the several powers to them hereby granted, and makinn- 
Kitislaction in manner hereinafter mentioned to the owiierl 
and proprietors of, or the persons interested in the lands 
tenements, hereditaments, ^^■ater, water-courses, brooLs o'' 
creeks respectively, which shall ]>e taken, uskI, removed 
prejudiced or injured, or for all damages to be by them 
•sustained, m or by the execution of^lll or any of tie 

to indemnify the Company and their servants, a-ents or 
r'n^iTnf-"/);^ "" other persons whatsoever, for\vhat the; 
or any of them shall do by virtue of the powers hereby 

f'Zt' '"^r' "«^;r"*'^^^^'«^*« ^^^=^^ provisions and restrict 
tions as are hereinafter mentioned. 

4 The Company shall at each and every place where the Dr«„ k m 

Z\-T^r'r!''''^'J^'^^ ^^'^^^ «"y highway ex tn^a^o^^b&^^ 
the time o starting the said work, erect and k»)ep o-ood and ^^'""^'T"' 
sufficient drawbrido-es to the sitisf^-ipHn), niiC.( " saiyand 

Pmiii,.!-! ,..v,; u u ?i L 1 sdtisKKtion ot tliG Crovernor in ''""dj not to 
CouiKil, which shall be kept shut except when vessels are ^e i-npeded. 
pnssing so that the public thoroughfare may be as itt e 

rJuUitr^ .rt^*^ ' r ^ ^^"" "^^' '^ "^^'^•"^ '^e said can 
or cutting, eut through or interrupt the passage on such 
public road until ihey shall have made a convenient road 
on' which '' "■'^^'^ ^^" Y^^ '"'^'^ •^"^'•^^ = -'^ lb" eve y":^ 
K!edolh ^*^'"^'«"' ^^'^ ^«'"P^»y ^hall incur a penalty -«'-' 



95 



Repnirs ru'iv 
be made. 

And to do all 
oilier things 
necessiirv. 



.Making com- 
pensation for 
damagp?, &c. 



Company 
iodemnined 
for things 
done under 
this Act, 



nof ai?^t:: sZS S iUSii:^£.sSnklf ?;;!:\^;;j;; ^^^^ 

^"' J; n::!";'^i!^>; H '^'^""'^^ ^«r the wharves and other ^^^U 



works of the Company for th« 



purposes of the said harbour 
improvements 



nil 

111 



06 



OompensR- 
tion. 



Sale and use 
of water 
supply. 



Convoj^ances 
to the com- 
pany by cor- 
poratioDS or 
peraong who 
could not 
ordinarily 
convey. 



Parties coti. 
veying in- 
demnified. 



Arbitration 
in case of 
disagreement 
as to com- 
pensation. 



Chap. 52. Monrlon Harbour Improvement Co. 44 ViCT. 

improv.'in.'iits and for making easy entran.es to their said 
canal and harbour, and the c-onsiruction and huildin-'of dams 
embankmont.s, sluices and water-courses and otheAvorks as 
thoy may deem requisite and necessarv, paying therelbr 
as provided m this Act, hut subject to tli'- provisions of the 
second section of tins Act. 

«. The Company shall have the sole power to use sell 
ease renter otherwise disj.ose of, for their sole use and 
beneht. any water which they may receive, keep or detain 
)\ the said dam, embankments or works, on such terms as 
thoy may deem expedient and advisalde. 

7. All corporations and persons whatevor.-tenants in tail 
or lor lile, guardians, curators, executors, administrators and 
all other trustees whatsoever, not only for and on behalf of 
nemselves their heirs and successors, but a 1, so for and on 
behalt o those whom they n-pivsent, whether infant-^ 
issue unborn, lunati.s, idiots, femes rovert, or other persons 
seized, possessed of or interested in any lands, may contract 
•sc'll and convey unto the Company all or any pai't thereof' 
Irovided always, that in all cases in w^hich the parties 
hereinbefore enumerated have no right in law to sell or con- 
vey the rights of property of the said lands, it will be 
necessary for the said jxirties to obtain from a competent 
judge, alter due notice to parties interested, the right to sell 
the said land ; and the judge shall give such orders as mav 
he necessary to secure the investment of the purchase moneV 
in such a manlier as he may deem m^cessary, accordiu"- to 
the law o the rroviiice, to secure the interests of the ouMier 
ol the said land. 

S. In case of disagreement between the Company and the 
owners and proprietors ol, or the persons inteivst'^d in the 
lands, hereditaments, water, water-cours(^s, brooks or cre.-ks 
respectivelv, which shall betaken, used, removed, prejudiced 
or injured by the Company under the provisions of this Act 
as to the price or value thereof, or as to the compensation 
or the injury or damage by them respectively sustained 
then such price or value or compensation shall be deter- 
mined by thix>e arbitrators, one to be chosen by the Company 
and one by the owner or owners or persons interested as 
aforesaid which two arbitrators so chosen shall choose a 
third arbitrator ; and in case of their not agreeiiiff in such 
choice within ten days after their appointment, then and in 
such case it shall and may be lawful for the Chief Justice" 
or any one of the Justices of the Supreme Court of the 
irovmce of New Brunswick, upon application of the Com- 
pany or owners or persons interested, to appoint a third 
arbitrator and the award of the said arbitrators or any two 
of them shall be final and conclusive in the matter referred 
to them, and the costs of such arbitration shall be paid by 

the 



1881. 



•^ronclon llurbour I>n,mn-e»,e,( Co. Chap. 52. 



97 



'^^o:'^r.z'.^::::^^::^^ the saidr...., 

agreement or annoii/Hni i • '''^''"'' '"'^l-'»ni? any such '" caseoi'^ 
such case. ttX fy";;; Vi; ^ ;?^--«- /.^-l an.I in'ever; ZX^T-'- 
the said Judo-es or the <^n,.l ^ application to one of ^bitratora 

<>^\ewBrunM ick stuS;h\''^'^ ^^'^^ -^'^'^^ Provinre '^ ^"-^ f'"'^- 

^m<l such jud.v is W : ™,ST"''r "' '^^^''^ application. 
time to t ine uion s ,h ''"''?'' '.'"'^^^ '""1 'vquiivd, from 
warrant io^X^il"^^;^^'''^^'' '''''' '^ ^^"t •^'• 
«aid Province, or in oa^e o h sT" ?' ^^^'"f ^'^-'vh.nd. i.i the 
to a Coroner ol the s^, d ("on , • m7 *'' ^^'^''^^ "iterested, then 
o<her person who m u >e Sr/ ^^rS"^^'-""'^"^- or to some 
^heriff! coroner o'pSn orf^ Hf "'■ '^«"^'»-''*li"y such 
ireeholdeis within the sni 1 L to "^"mmon a piry of li^'e . 

whichjuryupon hXr/h" uUi^r'^'^^ 

oath to be tikeii K r o? ' ^^"^"^^ ^'^^^s, as well as the ^ummonM 

onlledupon o^i'-eevid^^L^^^^^^^ '^"''■^'^"^ '''^^ shall b ""^ ''-'^- 

Mich jury is hercbv 12 ; theort.cer or person summonino. 

or annual rent to K tl L 1 ^"'' '"'"^ ?' '^"'"^ o^" money. 
Ponsation ibr the use o dam '' F'''' /"^^. ^'^^'"^' «f' ^^ <^om- 
Mioh property as ^vZm^^ST .r^^- '"-'"'T «"«tained by 
verdict o 'such jurrs ai 1; . ' ^^^, '»q">'<ition, award or 
of the Clerk of tRle^" 'f^ ''"^1 ''"'^ ^"^^'^ ^" ^^^^ «'R«^' 
I^ninswi.k, and sJ a I b'; ii . 1 '^nd '^ ^''T'^'' ^^'^ ''^' ^'''' 
parties; and the on ? ^ <onelu.sive between the 

Jngs to' riaxed and alTote^T""" -^''i "^^^ '^'^ l" 
<^ourt shall be paid bv th? r ^ '^ •'"^°*^ ''^' ^^« ^^^^ 
Jands of an infant uL ^^i^P'-^'^y = and when the 

under mortgagv " is -^vcrui X bl-^t"' ^""^^•^' "'^ ^-ul OMr:an. . 
Act, or may sustain an vrC ^o'. the purposes of this 'h« P/operty 

thing done\y the ^^^^Z^TT ''' ''':''''' '' ^'^y *''- -n- 
Act, if the Company ca St fo-^^t ,. Tv, ^^''^'^''^'^^^^"'^ ^^^ ^'"8 gaged. 
compensation to be paid i n-;SlV?'i ^^ ^'r*^ "'" ^'^^"^ or 
of such infant, or w Th Jc) ?^ '''^''^' ""'^'^^ the ^uardian 
with the commmT. tf ("ia^io't'o^'r^^^^'^ ^^^»^' ^ 
mortgagor with the consent ni'ii . ^""'''*'''' " ''^^ ^h" 

the Company or m -^ in 1 / J^ mortgagee or m. .agees. 
said JustL.s^oi the sLueC^ ^l^^^J' t? -"-^t'tHe 

provided, which iurv In 1 fK T ^' ''^Juryas hereinbefore 
summon irSEcn,?H ofRcev or person ap,.ointed to 

mentioned,' St^^s^l^SuL 'tl^;:;;" '^'•^'"^^"^•" 
compensation aforesaid • and n f) ? *" ""'' ^''^^'^'^ «^ 

mises, the price orvdm .. "'^''^ ^^ mortgaged pre- 

jury s'hall be paid to tt mo Zei'or'^^'!^ ^'""^^ '^^ ^"^^^ -^"^ — - 
to t^eir priorAy, and shXlf °^ ^^^ r t Sfr^^lirf "° ?^-- - 
such mortgage, and the lniirl« .^ TV i ,,^ n edited on fnfant witb- 
thereupon defeased from nf. i ^'^'"' '^''^" '^« ^^'^1 to be ?"fg..ardian, 
and in case any such ufaJt'h' "^"^''^'^t «^- mortgages : *^- 
i<liot or lunatic ha o eommiHee "tl ^"'"i^'^'V ^^' ^"^ ^''^^ 
Supreme Court in Eq dty sS n,!' r ' ■' "^"^"^ ^^ ^^^^ 
th.^ facts, appoint a Sian W t.PP^l.'^^t^O" netting forth 
VOL II--7 =''^'^^^'1 *oi- «uch infant, or a committee 

for 



HI 

; ■ t 



%^ 



9S 



Costs. 



Chap. 52. Mimclon Harbour Improvement Co. 44 ViCT, 

lor isuch idiot or lunatic lor the jmrposos of this Act. And 
in oither of them' events, it shall be imperative to value such 
hind, or a.sKes8 and determine the eompensation due, by a 
jury, as hereinbc'fore provided ; and the daniajres iound by 
the jury shall be i)aid into the said iSupreme Court in 
Equily, and shall b<> and renuiin at the order and disposal of 
the said court for the bonelit of such infant or lunatic. And 
the Company shall nay all the costs, cliarges and expenses 
of the said proceedings until the said money is so deposited 
as aforesaid. 



CanitHi stock The capital stock of the Company shall consist of one 

" "'• hundred and fifty thousand dollars, current money of Canada, 

to be divided into lifteen hundred shares of one hundred 

Provision for dollars each : Provided nevertheless, that the Company 

increase. gj^^^n j^^^.^ power to increase the said capital stock to 

live hundred thousand dollars, of lik(> current money, and to 

increase the number of shares accordingly, by a vote of the 

majority of the shareholders at a meeting called for tliat 

purpose. 



First meeting 
(•f share- 
faolderg, when 
and bow to 
be called and 
held. 



Proceedings 
thereat. 



Election of 
directors. 



Term of 
office, 4c. 



lO. "Whenever five hundred shaves of the said capital 
stock have been subscribed, and ten per cent, thereon paid 
into some chartered bank to the credit of the Company, a 
general meeting of the subscribers thereto, or the major 
part of them, representing a major part of the subscribed 
stock, shall be held at the said Town of Moncton, and 
shall be called by John L. Harris, or in the case of his 
death, neglect or refusal, then by any two of the said 
corporators, by notice in one or more of the public news- 
papers published in the said Town of Moncton, or in 
the City of St. John, for ten days previous to such meeting, 
for the purpose of making, ordaining and establishing such 
by-laws, rules and regulations lor the good management of 
the affairs of the Company as they shall deem necessary, and 
for the purpose of choosing seven Directors, being subscribers 
for the said stock and members of the Company, under and 
in pursuance of the provisions hereinafter made ; which 
Directors so chosen, shall serve until the first annual meet- 
ing, or until their successors are appointed, and shall have 
full power and authority to manage the affairs and concerns 
of the Company and to commence the operations of the 
Company. 



Annual 
general 
meeting. 



H. A general meeting of the shareholders of the Company 
shall be held annually at the Town of Moncton, at such time 
as the Company by their by-laws, rules and regulations may, 
fSrVi'- S*?"^ t'"^*^ to ti™^. appoint; at which annual meeting seven 
' • Directors shall be chosen who shall continue in office for one 
year, or until others are chosen in their room, in the choice 
of which the stockholders of the Company shall vote accord- 
ing to the rules hereinaitev mentioned. 

19. 



44 Vict. 

Act. And 

I'lilue suclj 

due, l)y a 

louiul by 

Court ill 

(li.si)osal of 

alic. And 

I expenses 

> deposited 



sist ol'on« 
oi' Canada, 
! hundred 
Company 
stock to 
>ey, and to 
ote of the 
1 lor tliat 



id capital 
M'eon paid 
>nipany, a 
the major 
ubscribed 
cton, and 
se of his 

the said 
)lic news- 
)n, or in 

meeting, 
ling such 
?ement of 
jsary, and 
ibscribers 
nder and 
i ; which 
Lial meet- 
hall have 

concerns 
IS of the 



Company 
such time 
ons may, 
ng seven 
-e for one 
he choice 
e accord- 

1^. 



1881. M,,,cton llarbain- I,n,non:ment ( W. Chap. 62. 

ing after t;^';i::;;^,S;;i\i^';ii''^^^ '^'- 1 ---^ ^^^er me... 



09 



Kleciion of 
President. 



I». The Directors for the time beiii.r sh.ll h.,- 
appoint such officers, clerks -.Z s. r ? ''"; J'!;^''*''' ^^ «'-wor. of 

necessary lor the executi o- oh."' ^'^'^ ''^"'' *'''»k ''-'--a. 
and shal ailou them su ? J """'"' ^* '^^' <-'^mpany. 
services as to th< m ?h.t ^^"'"l'^'»'*''lion lor their resp..ctive 
shall h;;:iW '^^,:^ .r^;;;- ™|->'j« -ul prop^ ; and 
all and every the allai i f he Cwf,, ^^ '^T^^'^ ''T^"' 

. S5t;^*s;:;rsi!/-v^^^ 

the work and 'rii; :, '"S^^il^^l^Sr^ '^^f <nrecting 
managers, oliic-rs .h-rks s.nv f I/''^^'"!,? an<I removing 
all colitra Vts and b u^'in V '^ •'"'' "f "^'- '"'^^ >" '"'^kino- 
and generaliV ^ clo'S' tr^!;';" ^in'^,"'^', undertaking! 
allairsoftheComnanv x-c.Mf t 1 l- '" husiness and 
vided, and sub ei tX' h f 1^' ^^'l' /^''^ otherwise pro- 

always be one, Mcent in ».^'„? T ^'' I^'''s"loiit shall »«Ui.E.. 

Uireclore present mfv eL„?.^ ^?T-' '" "'''"'> <='«'' *« 
man in hb^ X" 1 ™? th^t " °' """f '""nb" as .hair- 

rer?on is'a'lXm" ^LlSiri'^ ^f -tor unless such Q,.«.,fication 
<-apital «tock oftL Comw.aldLn^^^ '^ '^' ''"'''"''"'' 

one years, and shall have paTd a 1 edit ih^ '''""^y' 
ments made and due on the sh«rJ i '^ v ^ ''"'^ ^^^^^S' 
shall cease to hold tL^s^idnffi^'M'^ ^'^ ^™ ^ ^"^1 he 
shall cease to ho the re ish^ nn^b ^'''r 'I ''^^''''''''' ^« 
said; and another s^rZl shlTl?! t '^"'n- ''"^^ "^■^'•«- 
his stead as hereinafter provided ''''" ^''''^''' "^ 

Com'!;anyVoM;;^:;,fe"*mc^rih"' •^-l\^^--"^-l^l-- in the Proportion 

be entitled on everr:c:a.irwt 7i";^ilSl?rw^t,^^;f ^"-" " 
provisions of this Act the vn^^^^l-.i conloim ty with the 

be given shall be hi tt p .onortionL^^^^^^ 
for one «hare and not mo'e ChTw^^^ 

two shares above two and not exceed^; ten itV ^ ' T^'^ 
VOL 11—71 ^iceeumg ten, one vote, making 

five 



i 



Pit 



V-1 



100 



^11 



Limitation. 



Proxies. 



Chap. 52. Mom Ion JInrhoiir Improvnxettl Co. \\ Vk-t. 

fivi' votcK lor It'll sliHivs ; forovory four shar.'s almv*' ton and 
not exco.-dinjr thirty, one volo, niakinir t<'n v<.t.',s lor thirty 
sharets ; and lor ovory six slmros above I hirt v. and not ex.o.'d- 
111^ sixty, one vot*', makini-- liric'ii vot.'.s ior sixty shares- 
and lor every eiurht shures al.ove sixty, and not ."'xceedino' 
one liundred, one vote, niakinu' twenty voiesfor one hundred 
shares ; for every ten shares above o\w liuiidre.l shiuvs and 
iiot exeeeduiLT oiu» liundred and lifly, one vote, makin- 
twenty-live votes for one hundred and lilty shares ; and lu'r 
every twenty shares abov.' oni^ hundred ami iilty, twenty 
shares shall constitute a vole ; but no person or persons, co- 
parlnershij), or body jjolitie or corporate, bein<>- a ineniber or 
members of the C'ompanv, shall be entitled to a on.ater 
number than lilty votes, 

ir All stockholders may vote })y proxy, jirovided the 
holder ot such proxy be a stockholder, and do produce a 
written authority from his constituent or constituents so to 
act, and hie the same with the Secretary before actino- 



Vacftncies in 



t'hrboaid'of t ni" Directors shall be and they are h.^reby authorized 

directors htw [° ,[' "I' '",^7 vacaucy that shall be occasioned in the board 
filled. by the death resignation, disqualification or absence from the 

1 rovince of New Brunswick or the meetings of the Directors 
continuously for three months of any of its members,— which 
absence shall be deemed to be a resignation, and entitle the 
board to declare the seat of such Director vacant ; hut in case 
ol the removal of a Director by the stockholders for misconduct 
or maladministration, which the stockhold(n-s are hereby 
enti led by resolution to do, his place shall be filled ui> 
by the said stockholders ; and the persons so chosen by the 
Directors or stockholders shall serve until the next su( ceed- 
ing annual meeting of the stockholders, or until others are 
<hoseu in their stead. 



Transfer of 
shares, 



Coaditiona. 



aiTect of 
transfer. 



1». Tho shares of the capital stock of the Company shall 
be assignable and transferable according to the by-laws 
rules and regulations that may be established by the Com^ 
panym that behalf from time to time ; but no assignment 
or transfer shall be valid or effectual unless such assignment 
or transfer shall be entered and registered in a book to be kept 
by the Directors for that purpose, nor until the person or peT- 
sons so making the same shall previously discharge all debts 
actually due and payable by him or them to the Company • 
and in no case shall any fractional part of a share or other 
than a complete share or shares be assignable or transfer- 
able. \Vheneyer any stockholder shall transfer in manner 
aloresaid all his stock or shares in the Company to any other 
person or persons, such stockholder shall cease to be a 
member of the Company. 

ao. 



v-'^£ ^ 



1881. 



Moncton / fa i hour liii prove menl Co. 



Chap. 



r.o. 



lai 



ao. 



5iO. Th.. Diivctors shall iniik.' hnlf-vn.rlv <.r VMilv .livi- n, ■. . 
do uls, H. ,„.,y to „i..n, .,>,u.ar ,n„.st pro,,.,- ol .1 th ' pr i " 

01 Mc.n.toii or m the City ol'St, John. 

tn'f!;J''"i'^','T''"'' ''^' ^''^* t'ompanv shall haw pouvr Calls <>.. 
1 vy and.col kvt assessments or calls -upon the share J'n , , S"" 
ime to tune of finch sums of money as may l,e deem 
le, tvssary lor carryin^r on the business of th "con any • un 
whenever anv assessment shall be made hv th^Co nimnv it 
on o mor' f"l^.°*'*'- treasurer to ^ive noti.e rivol^ Notice, 
o?\Tn . ^ "^^l"; "T''^"''*"'"' piihlished in the said Towti 

ol Momton or in the City of St. John, renuirin- payment of 

negit^ t or reluse to pay to the Treasurer the amount of siwh "J'"^^' ''> 

clirou .'f'^.h ?^ ^^', l^irectors, shall advertise all such 

le inquent s shares lor sale at public auction, ffivi.iff at least 

thirty days' notice of the time and place of such S ,nd 

h etrftTth";'"' ^^« '—-t is not th'i p:tl\;i h 
mtertst Horn the time such assessment became due and the 
cost of advertising, shall be sold to the highest biddeam^l 
after retaining the amount of assessment luid interest due 
on each share, and the expense of advertising and selling 

IdZufT '^^"^^^'^11 '-" P-id over to the former ow e?,' 

and anew certificate or certificates of the shares so sold shal 

be made out and delivered to the purchaser or purchasers 

or an action may be brought in any court of comne tent 

jurisdic ion for the recover/ of the aniount so dT-C • 

such subscriber shall not haVe paid anything on account o 

the stock so subscri?,.. ; for and taken bv him, the Directors 

toi .n5T2 ^f>-^.f^hej^ see fit, cancel such subscH^! b, cancenin, 

member of hi n"^'""^"' 'H^ thereupon .ease to be a -"""I'tions^ 

meniber of the Company, and shall not be entitled to the 

stock so subscribed as aforesaid. ^niiuta to the 

Tow^n o1' M^n7t^;;=' °r^'.-^'^T^V^ «^ be held at the General 
iown ol Moncton, and notice of the time and place of such ™eetinKsof 

meetm^.s shall be given by the Secretary in oiiror mor^''' ""'"^ 

ortre'ST4^^^^^^^^^ said 'Town of Mon'ou 

f?n,r.? l^ ?-^"**'^''b"^«^'«^d'^ys '^t least before the 
mTv be c^SdT';!;^ ^PT*^^ T''^''^' «f '^' shareholders Specia. 
rLareho di • ^^T*"'^' ^'^ °"^*^^ °^ *^« Directors, or "-tings. 

01 shareiiolders representing not less than five hundred 
shares of stock, upon giving the like notice. 

helTlkWe^to'^wS''"'^^/"^?."^ '^' ^^"^^^"y «h«i^ ^^ ^-^i"t/to 
exeVc^Unr.t ^K^'^y fi' ^^"^ payment of each and ^TP^^^^'f^^ 
e^ery call or assessment made (not, however, to exceed in '*"'• 

amount 



n.\ 



ill 



1 



cumpan^'. 



Borrowing 
powers ot tht 
company. 



102 Chap. 62. Munchn l/>nh„nr ln,,,roi'en,n,f ('„. UVkt, 

Hubln.jf tl... Cou.puuy to pay th.-ir dohts an,l .m .. ,im ..itH 
ton of the ... 'V ""'""> 'iiH>l<' to tlu« cn-diiorH o tht' CoiiiDanv tn an 

iMH stork has l„.,.ii paid u]), hut shall n.)t h.. 

I h. toanac.on th.-ivtor hHoiv an .'x-viuion a" ir. , • 

Cu.Mj,any has been roturn.d un.satisfi..d in m hole o;.,, pin. 

ai. It shall and may he lawluj lor the Cun.i.anv to hormv 
^Mther u, the DonWnion of C:.na,la or out ..I' ; . , Vn 

8t..rhnvr money or .-urren-y. and at such lej^a rate </l m ros 
us the Directors may, Iroui tin.e to time, a.r.Tv up n . ' '^^ 
p.!,-. homls. dehenture. or other instrun:, s h ', l" ,r 
J.om.y Irom tnue to time, as shall not .xcec-d in a 1 Zsu 
ol 1. Ity thousand dollars ; a.id if, after havin ^ o ro e,l p 
M'hole or any part of such monev, the ( om a'^n m. f f h 
«ameora part thereof, it shall ^V lawluM . L- "a ' ,. to 
borrow such mm as n.ay be necessarv, and so rom t'in o 
t'MUN .> re-borrow, provided that the whole amount borrmved 
clo not at any time ex.ee.t tho sum of fifty thous , do .-s^ 
and lor secunnjr the repavmeut of tho inoner.^ o wed" 

e'ln .rr^^t"'"';' '^'''^ \l ^"^''"^ '«^ '^^' ^'«>» -")• 'o o " ffe' 
a d w "ITk''."*^*''"^''^' •^state, works, ratos, r.v mu .s 
?'mnn n ""' n " " ■^"'^ "'^"'^ «" '^''' «l>areholders ol h 
C ompany. and all otoer sums of money or assets due Dmible 

ZTn:V^rr^ ^"'^"^•"» '^ thc^V>mpa^. o 'to^^ vl 

expedient payable either in rurroncy or sterlin- monev am 
either with.n or without the Domii.ion; aid's uh Bond 
d'bentures or other security to be granted may b " made n^^^^^^ 
able to bearer or made transferable by simple emlorseXnt 
or otherwise as the Directors see lit : Provided a 1™ "ha 
no such bond debenture or other security slml .7, lade o 
granted for a less sum than one hundred dollars 



Total amount 
limited. 

Security by 
mortgage ol 
property of 
company. 



Form of 
boads. 

Proviso. 



Riglits of 
boadliolders. 



25. The respective 



obligees 



Proviso. 



tnre>. w„r.M,..i" , \, -■•■-'— '" «"'h bonds or deben- 
tuies. secured by the rents, revenues or future ..alls 

EoThe''' ^"^^ the Company shall ,)roportionav accord 
ing to the amount of money secured therlbv. h, entitled to 
be paid out ol the rents, revenues or future cdls oTthe CW 
pany the respective sums in such bonds or debentures men 
tioned and thereby intended to be secured wi^thout J 
preference one above another by reason of priority of dLeoY 
any su<h bond or debenture or of the meetmg nVv^hich the 
6ame was authorized, or otherwise howsoever ; and no si ch 
bonds or debentures, althouo-h they should com -ise future 

^'Z^'f'^'t^'^'"'^ '^''^' ^''^'^^^^ <l^e Company f on 

e. .n ing and applying such future .-alls to the purposes S 

the Company so long as the money due on all suchTonds or 

debentures 



1891. 



Mimclon Harbour Iin/irovemettt Cu. Chap. 62. 

<l.'b.'iitiir.'.s (lo,.,s not rxcwl th.' iimouiK ol" fh.. vn]U still 
r»'miiiimi^- unpaid 



10-) 



2«. Notwithstand 



iiiir imytliiiitf in this Ad coMfnin'Ml it Ronli 



ni«7 



snail nna niny b.' liiwrul lor il„. Diivctors of th.. Comimnv 'f 'ir"*''^ 
lromt,m..toli,,... an.l.sort.n ami wh-n th.-v shall slv m! o^aXru;' 
AvilMoiil 111,' lonnaiity of pa.s.sinn' a by-law to that «'ll.'.t ofJirectorj. 
specially by ro,solution t<. that .'lli'<-t to I),, fnl.'iv.l upon th.' 
hook.s of th.' Company, 1.. authoiiz.? th.' rivsi.l.'ut of tlio 
lonipany to smu such particular bonds. niortirair..s, rontract.s 
or HLstruinonts, on it niav, in the opinion of Ihf J)irt'otors be 
necessary or .-xpcdicnt so to sijr,,, and to alHx th.- coniinon 
fcal ol the Company th.'r.'to ; a!ui it shall al.so bo lavvlul, in like Promiworj 
manner, lor the President, authorized as aloresaid horn time '"^'"• 
to time, to draw, siirn or accept such i»romis.sory notes or bills 
ol exchuui.-.', lor the purpo.s.-s of the Company, without .seal, 
as It may be lu'cessary or expedient so to draw, siirn or ac- 
^•ept ; and all such bonds, contracts, mortjra.r(.,s and f.istru- 
ments 8osi!.nedand.s.'aled by the President, and all surh 
note.s and bills of exchan<?e drawn, sirrned or accepted by 
the 1 resident, authorized as aloresaid, shall b.' bindin.r 
on the Company, and be held to be the act and dcd of the 
Company: J'rovided always, that in any action, .suit or pro- Whatshaii 
ceeding on any such l)ond, bill, note, contract or other instru- ^' "'ideace 
ment so signed or signed and sealed as alor.'said.or in which '^^^bTu" 
the Company may be engaged, copies of the minutes of pro- *c- 
ceedings and resolutions of the proprietors of shares of the 
capital stock of the Company, at any g, iieral or special meet- 
ing, or ol the Directors at their meetings, extracted from their 
minutes, or the book or books kept b^y the Secretary of the 
Company, and by him duly certified on oath, before a | il..>. 
ot oneot Her Majesty's courts of law in New Brunswick or 
belore a commissioner duly authorized to take alhdavits to bo 
used in the court in which such action, suit or proceedino-is 
brought, to be a true copy extracted from such minutes, book 
or books, and bearing the seal of the Company, shall be held 
as evidence of the action of the Company or Directors in the 
matter therein referred to, as well as of the election of any 
1 resident therein named: Provided, that all bonds, bills-, Bonds, *c to 
notes, contracts or other instruments so signed or signed and ^ counter- 
sealed as aforesaid, shall be counttrsiguod by the Secretary "'^"'"*- 
olthe Company; and provided further that no .such pro- Proviso, «3 
missory note or bill of exchange shall bo for any sum less '« "otes paj. 
than one hundred dollars, or be payable to beir,>r, or in- bearer! 
tended to be circulated as monev, or as the note or bill of a 
bank. 



\:f\ 



, 37. It shall not bo lawful for any stockholder atanv meet- Reatrictions 
ing to vote on any stock which .shall not have been held in *' '" ^■'''«« 
his own name, or the name of a hrm in which he may be '""''^'"• 
a partner, or by the party for whom any person .shall vote 
oy proxy, for at least one month previous to the time at 

which 



^ 



104 



Chap. 52. Munvion Harbour Improvement Co. 



which sucli 



44 Vict. 



Rates and 
dues may be 
charjredVor 
use of work?. 



any sharos ol' «to,.k h 'd bv h'^ f/il ' '^ ^''""^^'^''^ 

holder. ^ '"'■' °^ '"""''y ^"'' hy such ,shaiv- 

Dividend not 3,S TIln/^^^.v,. i i, 

to impair .u^ • ,"'"J'''"y shall not mako an v divi,! .,,,1 i i 

capital. their ,,ii>ital stock will be in -inv ]J^l ^n den I whereby 

any dividend be paid in ,v.n.w ^r ° i' '"'^'^^^''^'J. "or shall 

a'l calls then dm-^n l^'eTS ,n.h'";; ".'" '^'''''' '"'*'^ 

the person to whom surh .1?!^^^ '^'^''' ?' "^^'"^^^ f>v 

Unpaid e.,3 havi been paid ; an" itstd V' l^ltS/^^^^ ^'^^^" 

^vere res[>.c?h-e y cXd for ol! ,?''")"'' "^''^^ ^^^^ '^^^ ^'^'"'^ 
by him, such SI m as won U T ^"^^ ** T'^.^ '^t any time owned 

paid call or ear from' S^trrrl^^iS^T ''' ^'^ T 
to have been naid nniil ih^ r J^ ^^"'ch the same ouffht 

ov to the perio^d of t^;^,l t onhihU7'-^"r^^^">^ '^-^'' 
sach interest may brSotJi , '^'"''^'''^ ^^om which 
pany. ^ ^ flulucted and reserved by the Com- 

he^ftI':j?S:>;^?^;ii^3ti,ne to time and at all times 
proper use and bXof fij^n'^i^^^r:;^'^^ '" "'^^ for their own 
of whatever kiaid or descrit>tionVh ?"'"'"' ''"''"^^ ^^' ^^'^''^ 
harbour so made constiuotp ft f ""/^ ^"*^^' ^^^ «'"<! 

in, such rates, fee. Xr-i .»f ' ^ '''^^ ^ ^^''"''^ there- 
expedient.-M'hich s'aid^olls sb. n K^7 ''' ^-^^^ '""^y ^^<^»i 
aud veg-ulated by bHaws of S r' ^'"^ ^^^' f" *"^*^' ^^^«^ 
appro^aloftheGovenl^^V, 1^^^^^ *« ^he 

paid to such person or ;erso^"ad in -i^""'"' '"^'^^^'" ^'^ 
such reffulations -i^ fhJp "ifuch manner and under 

and appoint Tnd,'ca^eTf'1"^T ^^^ ^^\^««tors shall direc 
any sUh ratesffees dues of cwl '' "'°^'^"^ "^ ^'-^^'^^^^^^ «^^ 
demand, to the perso o, ' ^ ^*''' ""' '"^ ^^'^ ^^^^««f- «" 
same as aforesaid reCommr"' ^Pl^^"^*^^ to receive the 
same of or S the ow^^7 '^ '''' ^^^' "'^^ ^^"^^^'^^ the 
person in charTof anv s.Uh T''^'^' *'^' *^*^ ^^'^Pt^i" or 

other commod des in Iny ct^rTh'^' •^"'^^'' "^^''^'h^^^dise or 
tion ; or the person ml, .''''V*» ''°"'P^t«»tjurisdic- 

dues'orchayTuTht' o'^brnaid J^'"^ fT^'- '''''' *«'^«' 
are hereby authorfzed TJll ' ""l ^"^ ^^ '^ ^^^^ they 

such vessel. ..ZT mereh.udT'r'fK^ '" '"^"^ ""^^ ^^^^"^ 

in respect whereohS r«f if ^^?*^^' 'Commodities for or 

i nertoi such rates, fees, dues or charges ought to 



Rates, 4c., 
Joay be sued 
for. 



Vessels or 
goods may 
be detained. 



be 



1881. 



JIi>nclo,i Harbour h,/n-ovc»ient Co., ,S'C. Chaps. 52, 53. 



105 



be paid, and to detain the same until payment thereof and 
any ol the sa,d rates, lee.., dues or charges ami acra^to r us^^ 



iJ 



CHAP. 



53- 



An A..t to incorporate The Acadiu Steamship Com- 
piuiy, (Limited.) 

issented to 2\st March, 188].] 

of Ni f ^^V^^il^ton, master mariner, Thomas Jones 
?U-^'"*l''^' ^^^■™*^^' Captain Joseph Hall, of GranWlTe 
cha?:' trr^r'p"^'"^^^ ^'- Eoop,^f Clemensport m^^^^^ 

Annanoiis t;<^^^ t/T''">^' ^'i^^'^^' ^^^ ^^ the County of 
t!l ?ir ^V Thomas li. Hams, of Ayleslbrd, merchant and 

of Kil-'f ''^r°^!i '^ ^r ^^■^"^«' ^^^"^«'' botlUn the Coun y 

etSS'thePa' •"' ^^%^/;^^'^»^« «f Nova Scotia, havJ 

peutioned the Parliament ol Canada prayinff that thev mav 

aioSrSSh""'^ --h other peLLfs shall bLS 
'tvToTlAi A r'^L^'^^'^P'^^y^^^d^ the name and 
to own rel IftS ' ^^eamship Company," with power 
and sheds id t. ^"-^^'^ich to erect piers, warehouses 
ana sneds, and steamships and vesse s for general transnor- 

fil:"/' ^""^ -'^bn W. Margeson, together with surh other 
Compa,;:Th'rh': t'"-^' ^"^ ^^^'^^^ stockholders in the 
WexLtn 0^'^?"."'.'°'^°^^^ tbeir respective 

ii«is, executo.., administrators, curators and assigns shall be 

and 



!t ; 



-Ji 



f I 






106 



Chap. 53. 



Acadia Steamship Co. 



44 Vict. 



Corporate 
name, nid 
general 
Iiowers. 



Caiiital stock 
&aa Bhares. 



and a)v hei-eby created a bodv politic and corporate hv the 
name ol " Ihe Acadia Steamship Company, (Limited,)"" here- 
niaiter called the Company, with a common .seal ; and hv that 
name may sue and be sued, plead and l)e impleaded i'n all 
courts of law or equity. 

.i,^" "^^t '^^'^V}^^^ .stock of the Company shall be one hundred 
thousand do lars, divided into one thousand shares of one 
hundred dollars each, with, power at any rreneral meetin"- of 
the Company to increase the same from time to time to anv 

tToSd^doirs '"^'"' '^^'"- '""'''^ "^^ '' «^'^ ^-^-^ 

employ them in any lawful business whatsoever and where- 



What real 
estate 

the company 
may hold. 



Value limited 



Certain 
charges for 
services au- 
thorized. 



RecoTery of 
charges and 
3iow secured. 



Lieu for 
charges and 



ut [^r]^^"J^<^^^^vfulforthe Company to purchase, rent, 
take, hold and enjoy for them and their successors, as M^ell 
in Canada as elsewhere, when it shall be deemed expedient 
for the purposes of the Company to do so, either in the name 

l:t% ^T^'""''^ V "' *^^ "^"^^ <^f ivn^t^^QB for the Company, 
such lands or real estate, wharves, docks, warehouses, cattle- 
sheds and grazing lands, offices and other buildings as they 
may hnd necessary and convenient for the purposes of the 

^'.TT^' ^'J^ **" ^^^h ^«^«*^' mortgage or dispose of the same, 
and olhers to purchase or acquire in lieu thereof, not to 
exceed the sum of fifty thousand dollars in value at an v one 
point. 

3. The Company may charge on all property placed with 
!,n!!S V ?u n' '"''^^''H ^ f'^ir remuneration as may be fixed 
upon by the Directors for storage, warehousing, wharfa«-e 
dockage, cooperage, grazing or any other care and labour°in 
and about such property on the part of the Company over 
and above the regular freight and primao-e of the said 
property which may have been carried or may be carried by 

cnS' w^ <^'ompauy shall have power to recover all charges, 
subject to which goods or com-nodities may come into their 
possession, and on payment ofsuch back charges and with- 
out any formal transfer shall have the saml lien for the 
amount thereof upon such goods or commodities as the 
persons to whom such charges were originally due had upon 
such goods or commodities while in their j^ossession ; and 
vLv,f ""T^ '^^" be subrogated by such payment in the 
rights and remedies ofsuch persons for such charo-es. 

7. The Company, in the event of non-pavraent of freight 
advances and other charges when due, upon goods or effects 

iu 



1881 



111 



Acadia Sleumahi}! Co. 



Chap. 53. 



107 



iuthtMr possesrjion or under their control, muv sell at mihlio 

x;-t; ^"r^^ ""f' *'^ "•^^'^^ ^^•'^— -Suiva',! i:^ai^ pn^^ 

othe charovH have l)een made, and retain the i>roceeds or so ^*"" "^ P*^' 
muoh thereo as shall be equal to the amounV due o the """'• 
Company, xvith charges and costs, returning- the surplus if 
an>% to the owner thereof; but no sale of any o-ood.s m^ 'cts Prov.„ 

LfJU'^'' t'Z T^r '^''' ^«* ^"»til or unleLfprior to th'^ 
sa e thereof, thirty days' notice of the time and place ol^surh 
«ale has been given by registered letter transmilteTthrouoh 
the post office to the owner of such goods or effects unless 
otherwise provided in the contract between the p'rtls 

Sto'Jk If^th^'sa^ne'! 'f ll"' ^^'"'i^^"'^' '",?>' '''^^ '" '^'' ^^^^^^1 Call, on stock 
siolk 01 the same as follows : hrst ca . ten per cent one «"d notice 

month's notice being first given ; second c...:^ten pe cen ""^°^- 
one month's notice being first given ; third call, twenty e'; 
cent., one month's notic. being first aiven ; fourth call tw n 
ty per cent., two months' notice beiiu.- first given l^ifthcd 
twenty per cent., two months' notice being fi?s gvisixO; 
Tni/f "*^if'' n"*' '^'^ "^^'"'^•^' "otice%eing°first given 
Sis .'ilf''^^ r" "^"«^ l^^^^ date after the date of the pV 
•V ions call and be in writing. "^ I'lt 

duaer'and'^Z'r.^ ^^'Z' "[ ^^^ ^'"^«P^">' '^'^^ ^' ^•«'^- ^'-tors; 
uui tea and managed and its powers exercised by i^^n ^"'"•'er aid 



Tk- , ," — "•."■-,^vi «,iu. 110 jiuwers exerc 
fllrSh'oM:^' "■'■"'"■''-I"'-' -1"-™,) elec.e-d 



by 



quorum. 



MSt Of Ca^l^rilf'T U^irlTf^i/^*^ Company shall con- Provisional 

sist 01 Captain Jacob Hall, of Middleton.John W. Maro-eson ^'''''"'''■ 

Harris of Aylesford, Captain Joseph Hall, ot Granville 
terry, Thomas Jones, of Nictaux, Gilbert Shafner, of Grai! 
Mile, Joseph A. 1 an-roft, of Round Hill, James P Roop of 
Uementsport, and Thomas S. Whitman, of Annapolis The p 
Provisional Directors, after the passing of this Ssi^il have fc"*"' 
^o^^e^ to organize to open subscription books for the sub- 
scnption ot stock therein, and generally to exercise the 
usual functions of Directors until Fhe first general election 
as hereinafter provided. «^itcuon, 

m"tii/i o^inv^^tiH'^''^ ^V""' Company, at any annual B,-lawsma, 
mtetiiig. 01 any regular m<3eting convened for the purnose be made fo/ 

Lr and bvTwr^ resolutions, and make such' regula: StaSd" 
iions and by-laws as shall appear to them proper and "'"'^•«<i ^' 
necessary to regulate the elections of Directors and the peiiod "'"'"'• 
during which they shall hold office, the allotment of tock 
the making ot calls thereon, the pavment thereof, the i^ssuj 
and registration of certificates of stock, the fnrfliture of s oc^ 

lZZt^^f!^^-A^%^''''^^^^^ ^^« declaration and 

payment of dividends, Uie appointment, functions, duties 

and 



SI 



i 



"l! 



I 

ill 



108 



Chap. 53. 



Acadia Sleaniship Co. 



and 



I:i case of 
ti a Defer. 



44 Vict. 

pany, the security to be given by them to the Comna^ v 
their rc-maneration and that of the directors the tS at' 
which meetings of the shareholders may be c^Jled theTmpo 
o n XhoX'Z f'''' 'T'\'''' -'^ f-i-tures'admlS^. 
Subject ,0 Ucui;rsot-?h.L^'^'''T\l"l^'^' '""^"^t in all other pai^- 
coDfirmation "^"^'^f''' ot the afluirs ol the Company ; and IVom time to tim^ 

general meet- f "'^, ^ *^^ >' ^'^'P^?^ amendment or re-enactment thereof unless 
i.g. m the meantime coniirmed at a general meetin- of tl e 

aTK Si th""^ '^;- '"^'^^V-n^^h ^^^all "nl^iSve'fot 
Su of n^-."'''^^ ?"''*'"« '^^ *^^« Company, and in 
cease to h-^Tf '^"*^°" ^^^^^'^^ «^^'"' ^'^'^"^ that time only, 
be Sn^ t\llT! ' '"^^ " 'T't' ^*" ^^" «^^«h by-laws shaH 
sneSn^' ^ ^«"?.P«Vy'.^vhich shall be open to the in- 
spection ot the public during regular office hours. 

o/ehares'maj ,• *^\The Directors of the Company shall, from time to 

oe ..... -:;X'i; f-h of.he shareholders iLpecti^el^'c" ulfcat : 

o wm!^ V, !^? "ompany of the number of the shares 

if.n i 1 "^^''^^'^^ «»d he shall then be legal o^vner 

ind einh n"'."^ '' f ^^reholder in respect of such shams 
•I sined .h n'''" ^° '''^r^^ ^5^ '^'-"'^^ ^' shares shall W 
Zrhll " u"" ''^ acknowledgment of his havin- taken 
such share or shares, which acknowledgment shall be ke, 

ac'o pt'^it^nTt^^^^^^ '^ ^^"'■^^^^^^' ^^'^ «' «3 

anv^^asf ^nl'if^" '1^ ^^''''^'''' ^^'^^ it more expedient, in 
th^^m to dPcL. T/^/ ^""^T^^ «^ '^''y "»P^id instalments 
a d call Ti . i;^ 1? ^'i'" ^^'^ ^*^'^^*^' "^ ^<^^P««t whereof the 
sue for in/ '* '^!u ^''^ ^'^y ^^ ^'^^^'f"! f^'' the Company to 
inteJe f fhp/''°''"'^^" ''^'"" ^^«^^ such shareholder^ with 
interest thereon, in an action in any court haying civ 

CauZ '■' *^/^T"»t <^^--ed : Provided, tKthi.i 
herein contained shall in any way affect the rii?ht nf ivZ 
Company to de^-lare forfeited the Jhar.4 of any fharefolde? 
bXrsSrr «ff"«---^bscription, whJtherafiei ^ 
Deiore such j lulgment for recovery thereof. 

of'lnda'of . ?■*• P'^F'^P'tal stock and increase thereof of the C'omnanv 
the con^pan,. s hereby directed and appointed to be laid out and aSf 

stlwis^me^; r'f /l? *^' P^«li"^i'^-y e-P'^nses attendiSig the 
rema 11^^^^^^^ Company; and all the rest, residue and 

r.ma ucle of such money for and towards carrying out the 
objec s of the undertaking and the other purposes of he 
Company, and to no o.her use, intent or purpose whatsoeven 

br.li',YBee'' ..*;'• Tlie Company shall not be bound to see to the execu- 
t>on of any trust, whether express, implied or constructhe 

to 



Recovery of 
calls bv'suit. 



Proviso : for 
right of for- 
fe:t.ire. 



ms:!s.asiMasm£imummm^mm 



44 Vict. 



1881. 



Acadia Steam a/ii/i Co. 



or 






Chap. 53. 



109 



to which any of (ho shaves of their capital stock inavl>esub. ,., 

swl n'r?'' orthe party in Jhose name .Sv s'"', sC/" "= 

.me tol^Trl r" r *'' ^o^k^^ f the Company shall, from 

leTul or^ • ' discharge to the Company lor anv divi- 

(lend or other sum ol money payable in respect of such 

share notwithstanding any trust to which si/ch share may 

then be subject and whether or not the Company have hul 

;u>tice of such trust and the Tompany shalfnot' be bound 

Receipt 'application of the money paid upon su.h 

16, Any person becoming- («ntitled to a share in conse- t • • 
jiuence of the death, bankruptcy or insolvencv oi' any shaie- 'rST'^" 
Jiolder, or in consequence of the marriaue of anv f.'male Trl'^r"'*" ''^ 
shareholder, may be registered as a shareholder upon such " 

<n-idence being produced as shall, from time to time! be re- 
quired by the Directors, and on production of a declaration and 

liS A"sH?i?^ "^ '^'''' .b^h^lf'T^vhioh declaration sha 
distinctly state he manner m which, and the party to whom 
such shares shall have been transmitted, and shall be^by such 
party, made and signed ; and the signature thereto shall be e <• . 
r nu r^ t\'' ^'''' one witness, whom the Company mav tra^^rf 
require to be sworn before a judge of a court of record or 

he mayor, provost or c-hief magfstrate of a city, town ol 
borough or municipality, or a public notary, or.^ff^om a 
ioreigu country by the British Consul or Vic;.ConsuT or 
other accredited representative of the British Gove iment 
Ll^beT'*? ^'^^^^*^« declaration shall be made, wS 
shall be conclusive evidence of such party having a-reed to 
become a shareholder. = loieeu lo 

17. The annual general meeting of the Company shall be * , 

me as may be hxed by the Directors, for the purpose of "^^''"^ 
okcting Directors and for transacting the general busE o 
the Company. At such meeting the President of the ('nrn w. , ,, 

rU "\|;i-tr"^^-^^^^ Vi.e-President, auTL'^tV'^bs'eZ" r-- " 
ot both, the Managing Director or any other of the 

frnear'in' '^'" ''l' '^' '^'•'^'' ^"^^ shareholders may 
pm ided! ^'''''''' ""' ''^'''''''^'^ V proxy, as hereinafter 

18. The Directors elected at the annual meetino- or bv a ir, .• c 
meeting convened for the purpose, shall assemble wil^in oS" °' 
two aays after the annual election of the said Directors an 
8hall then elect from amongst themselves, by a majority o 
otes ol those then present, a President and a Vice-T're aen 
and a Mcinaging Director, (who may be either the Pres de 

nnS'.lT'''-^^''^^^"*'^ ^'^^ «hall hold office for one year oJ r.^oaof m 
until their successors are elected and enter upon the^duties " 

of their offices : any of these officers may call meeting of c«,r . 

the Directors as often as occasion may require. = fnf"^ "*''■ 

19. 



i 



m 



m 



H: 



i ,tlj 



Wl 



I 



110 Chap. 53. 



Acadia S(ea)iishijj Cu. 



•ii TiCT. 



One vote on 
each share. 



Proxies. 

Majo ily to 
deciue. 



Proviso ; as 
to proxies. 



Time and 
wanner of 
voting at 
meeting!*. 



Notice. 



Local boards 
or agents, 
and their ap- 
pointment 
and powers. 



Yearly state 
ment of 
afiAirs. 



Certain 
books to be 
kept and 
what they 
shall coo- 
tain. 



of t?;-. A f "If^^lings of the shareholders held i,i pursuance 
of this Act, whether the same be annual or special m-erv 
shareholder shall be entitled to as many voteVl he hS 
shares in the said stock, and such vote or votes mub^ 

fuZf? rrV' '^y P/'^'^y = ^»d ^" question.rprop^2d or 
submitted for th,> consideration of the said meetings s?Vill hi 
hna ly determined by the majority of the vXs otlhe shle^ 
holders present or voting by proxv, except in any case o; 
cases otherwise provided for'by thi^ Act : ProvS alw-iv^ 
hat no person shall be entitled to vote as p rox y at i n v 
meetino. unless he shall be a shareholder ,n the Con nm/' 
and produce written authority as such proxy, duly autlSl 

otlZn- bilinm^'of'X r ^"-^^^^^'V"^' "^ ^^' transaction of 
oimi DusiiKss ot the Company the vot iiff shall be bv 

ballot and between the hours of ten o'clock A M and fou?^ 
o c ock P.M., and thirty days' notice must be S en in 
at leaht one newspaper published in each of the three Cou- 
ties of Annapolis, King's and Digby, and by speciS not^ce^ 
mailed to the addresses of the shareLlders who shall hLv^ 
made known such address to the Company, stating whether 

hnfvA ^)-^ I^ire^^tors of the Company may appoint local 
boards ofnianagement or agents in Canada o elsewhere 

e"tS;'er aXrn"\""^ ''''^' ^^ '' ^'^^"^ shall seeS 
expedient and the Directors may empower and authorize 

any such board or agent to do and perform any act or thho? 
or to exercise any powers which the Directors themselves or 
any of them may awfully do, perform and exercSe! except 
the power of making by-laws ; and all things done bv anv 
such board or agent, by virtue of the pSwe°s lii th "m 
vested by such Directors, shall bo as valid and efflctual,^ 
!l" ^M"'^ purposes, as if done by smh Directors them? 
selves, anything m this Act to the contrary notwithstanding. 

■ off??" '^^^^,^i>'«<^toi-s «hall cause an exa<t statement of the 
affairs, debts and assets of the Company to be made up on 
a certain day in each and every year,-such day to be fixed 

^h^ar^io?dSf ''' "'^''^ ''^''''''''' ^^^^^" ^' «"'^^i^*-l to the 

33. The Company shall eause a book or Ijooks to be kent 
\^^^Jfi^^'fy' ov by some other officer specially chaS 
with that duty, wherein shall be recorded the naLes of 'all 
persons who are or have been shareholders, the adXss and 
calling ol every such person while such Shareholder the 
number of shares of stock held by each shareholde ' the 
amoun s paid in and remaining unpaid, respectively on he 
stock oi each shareholder ; all transfers of stock^in theif 

order 



^^'MSMi 



44 Vict. 



1881. 



Acadia Steamshij) Co, 



Chap. 53. 



Ill 



order as pres.'nti'd to the Company for entry, with the date 
and other particulars of each transfer, and the date of the 
entry thereof ; the names, addresses and callings of all persons 
who are or have been Directors of the Company, with the 
several dates at which each became or ceased" to be such 
Director. 

'u'x.^^'^ Directors may refuse to allow the entry, in any conditions «, 
such books, of a transfer of stock whereof the whol.^ amount to tmnsf" of 
has not been paid in ; and no transfer made with the view *'"""• 
of relieving the transferrer from pre-existing debts of the 
Company shall be valid or prevent any antecedi-nt creditor 
from exercising his remedy against such transferrer in the 
same way as if he had continued to be a shareholder in the 
Company. 

35. Every shareholder shall be permitted to examine the shareholder 
booRs_ot the Company on making application, in writing, to may ermine 
the; Directors, stating the reasons and ol>jects of such ^°"'''- 
examination : Trovided always, that the business of th(i 
Company be not interrupted thereby. 

a«. No shareholder shall, as such, l)e held liable for,. , ,. , 
any claim, engagement, loss or payment, or for any injury, .hare'hofd^r * 
transaction, matter or thing relating to or connected "with '''"''*'^- 
the Company, or tie liabilities, acts or defaults of the Com- 
pany beyond the sum, if any, remaining due and unpaid 
on the shares subscribed for or held by him in the stock of 
the Company. 

27. The shares in the capital stock of the Company shall shares wr 
be deemed personal estate, and shall be transferable as such, sonai estate. 

28. Every contract, agreement or bargain by the Com- Certain con. 
pany, or by any one or more of the Directors on behalf of *^'»5"'> ^"t 
the Company, or by any agent or agents of the Company, KolpaV 
and every promissory note made or endorsed, and every bill 
ofexchange drawn, accepted or endorsed by such Director 

or Directors on behalf of the Company, or by any such 
agent or agents in general accordance with the powers to be 
devolved to and conferred upon them respectively under the 
by-la vvs shall be binding upon the Company; and in no <,,,. „,, 
case shall it be neces sary to have the seal of the Company rcqiuit 
athxed to any such contract, agreement, engagement, bargain, 
promissory note or bill of exchange, or to prove that the 
same w^as entered into, made or done in strict pursuance of 
the by-Jaws ; nor shall the party entering into, making or 
doing; the same as Director or agent be thereby subjected 
inmvidually to any liability whatsoever. Trovided always. Proviso ■ as 
that no such rote or bill shall be for any tmni of less than toaoics'paj- 
one hundred dollars, or be payable to bearer, or intended to *^'^ *« '""*'•"• 
be circulated as money, or as the note or bill of a Bank. 

29. 






'kJ 



m 

iiiii 



ii:l 



ill 



%-■ 



113 



Borrowing 
powora or 
the company 



Chap. 53. 



Acadia Sleamship Co, 



44 Vict. 



To Kivc 
security on 
property of 
company. 



Proviso ; 

Amount 

limited. 

Lender not 
bound to cer- 
tain inquiries. 



Rights of 
alien sbare- 
liolders. 



Transfer 
restricted. 



Failure of 
flection not 
to dissolve 
company. 



3». TJio Directors may, from timo to timo, resolve at any 
meeting specially culled for such purpose, to borrow money 
on behalf of the Company at such rates of interest and upon 
such terms as they may, by such resolution, determine; and 
to effect such loan the Directors may authorize the Manag- 
ing Director of the Company, the President, or any two M 
the Directors, to make and execute mortgages, issue, grant 
and consent to bottomry or other bonds or other instru- 
ments which may be necessary, and to that end charge such 
property of the Company as they may by such resolution 
be authorized to so charge, by way of pledge, mortgage or 
hypothec, and may assign, transfer or deposit any o!" the 
documents, title deeds, muniments, securities or property of 
the Company, and either with or without power of sale' or 
other special provisions as the Directors at such meetin"- 
may deem expedient : Provided that the aggregate of the 
sum or sums borrowed or bonds issued shall not, at anv 
time, exceed half the amount of the paid up capital stock of 
the Company ; and no lender or purchaser of bonds so issued 
by the Coiapany shall be bound to enquire into the occasion 
for any such loan or into the validity of any resolution 
authorizing'the same or the purpose for which .such loan is 
wanted. 

30. Aliens shall have the same right as British subjects 
to take and hold stock or shares in "the Company, and to 
vote either as principals or proxies, and .shall be eligible to 
office in the Company. 

31. No share shall be transferable until all overdue calls 
thereon have been fully paid in, or until declared forfeited 
for non-payment of calls thereon or sold under an execution. 

32. If at any time an election of Directors be not made, 
ov do not take effect at the proper time, the Company shall 
not be held to be thereby dissolved ; but such election may 
take place at any general meeting . of the Company duly 
called for that purpose. 



Forfeited 
shares. 



33. Every share which shall be forfeited shall be deemed 
to be the property of the Company, and may be sold, re- 
allotted or otherwise disposed of upon such terms, in such 
manner and to such person or persons as the Company may 
think fit. 



Paid-up stock 3-4. The Directors shall have power to issue paid up 
Tnpa/m!nTof^^''f^ "^ *^^ Company in payment of the price of steamers 
claims. and vessels or real estate ; and such paid up stock shall be 

free from all calls whatsoever, and from all claim.^ and 
demands on the part of the Company or the creditors there- 
of, to the same extent as if the amount of the same had 

been 



1881. 



gvanl 



id up 
jamers 
all bo 
s and 
there- 
e had 
been 



Acadia Steamship Co., SfC. Chaps. 6J, 54. 

called 
lert'of ill full. 



^::t:^i:^^r''^^^'^^-^^-^y^^^^^^^^^y^^ 



lid 



oxfcutofr^ rdmil.T.f ''i tlH^ Company, and his heir.. Director, 

Company ,Vou. and a,ainS"ali:;j;:^\.tr^^^ 
whatsoever, vvhich he shall or may sustain or rur'n or ''""'■ 
about any action, suit or proceeding which sh.ll 1 iL \. 
commenced or prosecutec{ against Idnrt ol' u^J 3 oj' 
any act, deed, matter or thiii"- \vhat«oever J.Ia! ? 

his office ; and also from and ao-ainst 'ill nJhov ,J.f u 
and oxp«„.c. whK:h ho shall .^S fi^^^ i^^l^^^ 
111 relation lo the ad'airs lli,.r,.,>f oxcc-nt m, , l!i. u ' 
or exp™., ,. .hall h. occa^ioao,! bTiilS r,',' wU^i ^Jj^S 

be personally suhject to liability as a shareholder bmthn IT,"""'' 
In Hk™ min^fand'!" fh"""' "' ^""'^ Person shall 'be Tiall '"'"■ 

intitt^r X r^tJVt^d-r iSie;',!a'5,:rrt'.h'- 

person ,utcrested in sneh trust fnnd To^ld 'bel ''iM '' 

.ind competent to act ; and no person holdin.. su h stS » 

as CO atera securitv shqll h.. „..™^ ii ",'= '="'^^ siock Norpersor.i 

iiabihty ; bnt tL "er^p" d^n^'' X U sEl be tZ" »"■■'•> 



!^£5MS!?^«""^-"-™^™x-^ 



they may see lit. 



ces of the 
companjr. 



CHAP. 54. 

^"a^H ^1 j""'''^'''^ ^^'% ^ct ol incorporation of "The 
Accident Insurance Company of Canada," and to ai- 

to'^The' t"f f !'^ ""^^^ ^^ ^^- «'-^ C«-P-v 
America!" I»«"rance Company of North 

[Assented to 2lst Manh, 1881.] 

W^hf^'^^-^th-f'vnr'* I'^^^"--^^^ Company of Canada P.a.bu 
the chanlino-"nP H i''^^'^^^"/ ^'"^y^^ ^r an Act to authorize ' 
ine changing of the name o" e said Co- oa-. v and other- 
wise to amend their Act oi .ucorporation," passed in the 
^ ^- "~^ thirty-fifth 



114 '■'haps. 54, 55. Accident Insurance Co. of N.A , Sfc. 44 Vicr. 

38 V., c. 105. thirty.firth year of Her Majesty's reigu and chaptered 
one hundred and live, and wliereas it is exjiedient to grant 
the prayer of the said petition: Therefore Her Majesty, by 
and with the advice and consent of the Senate and House ol 



Name of 
compaDT 
shhiigid. 

Powers HiiJ 
privileKeB, 
Ac, conii- 
Qued. 



Commons of Canada, enacts as follows :— 

1. The name of the said Company is hereby changfd to 
"The Accident Insurance Company of North America," by 
which name in future the said Company '^hall enjoy all the 
iranchises and privileges, and shall have and hold all the 
rights and assets, and shall be subject to all the undertakinsj.s 
and liabilities heretofore held, enjoyed or possessed, or which 
have heretofore attached to the said Company ; and no suit, 
either in law or equity, now pending, either on behalf of or 
against the said Company, shall be af>ated by reason of the 
said change of name, but any such suit maybe continued to 
linal judgment in the name under which it shall have com- 
menced : Provided such chaiiue of name shall be sanctioned 
by the shareholders of the said Company at a special general 
meeting of the shareholders to be convened for that purpose ; 
otherwise the name of the said Company shall remain un- 
changed. 

2. Section two of the Act cited in the preamble is hereby 
amended by striking out the words " five hundred thousand " 
which appear in the proviso of the said section, and substi- 
tuting therefor the words " one million ;" and also by ^ddino- 
immediately after the word " meeting," in the said proviso! 
the words •' or general meetings." 

fnd°a.^«nL'r *■ ^y ^^'^^^ ^'^ \A\\in\ for the Company to have offices, 
.genc.es maintain agencies and transact business in any part of the 
United Kingdom of Great Britain and Ireland, the United 
btates of America or elsewhere, as maybe determined by the 
shareholders at a special general meeting or special genera* 
meetings expressly convened for that purpose. 



Proviso : 
change mast 
be sanc- 
tioned. 



Section 2 
amended. 



may be esta 

bliehed. 



Preamble. 



CHAP. 55. 

An Act to incorporate the Metropolian Fire Insurance 
Company of Canada. 

[Assented to 2\st Blarch, 1881.] 

IF HEREAS -William F. McMaster, Hugh N. Eaird, Arthur 

J T Jj. Lee, Henry W. Darling, John A. Bovd, Alexander 

Mamimg, Samuel Nordheimer, .T. S. Tlayfair, John ^Leys, 

William Galbraith, William D. Taylor and James r! Roaf 

have, 



I 
c 
I 
t 
f 
e 
h 
fi 



SI 

b 



'fl! 



44 Vicr. 

chaptered 
I to grant 
ajesty, by- 
House ol 



Imiigtd to 
irica," by 
oy all the 
)ld all th.' 
ertakings 
or which 
1 no suit, 
bait" of or 
n\ of the 
tinned to 
ave com- 
mctioned 
il general 
purpose ; 
main un- 



is hereby 
lousand " 
d substi- 
y adding 
. proviso. 



e offiees, 
rt of the 
e United 
?d by the 
genera* 



su ranee 



1881.] 

1, Arthur 

lexander 

n J Leys, 

R. Roaf 

have, 



1881. 



Me(n,/H>fi/an Fire Itmnutnre Co. Chap. 56. 

wiyh'nfT^"''* ^"n^*""' I^'"">'"'' 'hnt they mav be incorporated 



lir, 



is.' of 



C'crtRin pcr 
8'ind incor- 
porn till. 



Corporate 
niimcan 1 
Konoml 
powcri. 



tommoiis of C'anadi,. enar^ts as follows : - 

«n,'i; "^^"^ •''''■""""""""'^ '" ""' I'Tamblo of this Art with 
8uh persons as may become shareholders in tl e rm 

lompany ol Ca„a,ln- (hiToiimli,.,. .ali,-.! the C^om,4mn,H 
shall h,u-,.p,.rp,.,„a| „.. «».!„„ a„d a ,'orporah. ,°a 'J^?? 
powc-r to alt.r a„<l ,|,a„„,. ,h,. «„,„,. ,„ p| 3 ,, Iv hj 

the Provinc of Ontario, as miy b "<leten„^S>l,°' J"*' "I "■•"™''"'. 
m«.t,ns or the .shan-holders to L ^MfoMW ^..rp?™™' 

and eff«"tS"!?»"c;nnli!;r '""^ir"'' -""'"ityto make »„.,..„ .r 

and upon such conditions as may be bar^wVl w J 

niay have made or may make insurance, and genJra v to do 
obfeS "" '^" ''^'" "^^'^""^ ^*"^ ^^^"^^« ne Jssa'y t^ luch 



4 The rapital stock of the Companv 

lllilOll Hnl avk: aiwl oU„ll U . l- ■ , , . * ■> 



shall bf 



«tate''.a,';a"shall''l,'^';,fT'"!'l'' ''"'" ''" "'''™"'l l""-"""' ^"-""o' 
I„lS, / . 1, " """s'l'raWe m such mamiiT onlv and ■W''- 

Miblect to all such conditions and rostrictions ,. >,„ Ti 
by-faws of the Company may be prescribed! ^ " 

\0Tj II — 8J 



!:li 



ini 



i-n 



m 



Chiap. ftd. Med'oftoliiilH Fire Ifisurnnce Co. 44 VliT. 



LUbiliiv L 
•IlldERlioldf 
limiwJ 



rs 



O, Tlu> siiiii'i'liDldt^rs oi' tho roinpaiijr nIuiU not ass such !»•' 
held rcNjinnsibh' lor any trans nlidii, matter or thinu' u Uut- 
sofver n'lalinir to or < onncctt'tl with llu' Conipiiny hfyond 
thu unpiiid uuiount of th«'ir rt'upi'ctivt' Nlmri« in the rapitjil 
stock tluMvol". 



:|: 



Ritent uf 
linbility to 
crrdltors 
diTmi'J. 



PIps uf set 
Hllowed. 



What only 
"«ed bo 
alleged and 
|iroved Id 
Bctiona for 
calls. 



Wbat shall 
be eridence. 



7. Kill h sliiirt'lioldrr. until the wlioli' iunounl ol' liiw .stock 
has Ix'cn paid in, (shall In* individually liahlc to crcditois ol 
th*' Contpany to an amount f(jual to that not i)aid up 
thereon, hut shall not hn liable to an action therelbr by any 
creditor before an executiou again(st the Company has been 
returned unsatisiied in whole or in part ; ami the amount 
duo on such execution shall, subject to the pro\ isions ol'tlie 
sixth section, be tin* amount recoverable with costs against 
such shareholder, and any shareholder nniy plead by way 
oirorderence in whole or in part, any set-oil which liecouhl 
' et up against the Com])a!!y except a claim lor unpai«l 
dividi'uds or a salary or allowance as President or Director. 

H. Ill all actions or suits lor the recovery ol' arrears ol' calls 
on slock, it shall be sulhcient ibr the Company to allege that 
the defendant, l)eing the owner of so many shares, is indel)ted 
to the Company in such sum of money as the calls in 
arrear amount to for such and so many shares, whtireby an 
action hath accrued to the Company by virtue of this Act ; 
and on the trial it shall not be necessary to prove the appoint- 
ment of the Directors who mad(! such calls, or any other 
matter whatsoever than has hereinbefore been mentioned. 
A copy of any by-law, regulation or minute, or of any entry 
in any book of the Company, certified to be a true copy or 
extract undier the hand of the President or Vice-President, 
Managing Director or Manager of the Company, and 
sealed with the corporate seal, shall be received in all courts 
and proceedings as primd facie evidence of such by-law, 
regulation, minute or entry, without further proof thereof 
and without proof of the olficial character o:* signature of 
the olKcer signing the siune or of the corporate seal. 



Company 
not bound to 
see to trujts 
on sburcs. 



Liability of 
directors as 
rngppots 
transfers of 
shares in 
certain cases 



O. The Company shall not be bound to boc n; the execu- 
tion of any trust whether express, implied or constructive 
to Avhich any share or shares of its stock may be subject ; and 
the receipt of the person in whose name any share stands 
i^hall be a sufficient discharge to the Company for any money 
a' ' in respect of such share or shares, notwithstanding any 
MS; to '. hich they or any of them may be held subject, and 
'•. :el';.'i' or not the Company shall have had notice of such 
tj'.-sat. 

lO. No transfer of shares whereof the whole amount has 
not been paid in shall be made without the consent of the 
Directors, and whenever any transfer of shares not fully- 
paid in has been made with such consent, to a person being 

apparently 



I'^SI. 



Metrn/iofittin Fire Insuranre Cn 



('Imp. 65. 



117 



appai'i'Mlly ol'insufHrit'iit moiins to lully i>ay up such shai'»'H, 
thf Mrt'ctovH, joinlly and .s.-MTally, shall he liahlf to tho cro- 
(litor.s ol' thi- Company, in the enuw inaniuT and tn fht> saint' 
"Xtcut as the Iransl.'irin'r sliaich. dfr, hnt lor Muh traMNl'iT, 
wonld have l»tMMi ; hut if ai\y iMn'ctor, prfsent wht-n any 
Nuch transl'.-r is allowed, do Ibrthwith, or il' any IHm-to'r Muw only n 
thi'ii a))S('nt, do. within twt'nty-lour hours alt. r hf shall hM\' 'lirec^vr nmy 
hi'coni<> awan- thereof and able so to do, enter on the minute bu'u'.''*' 
hook ol' the I^oard ot I)ireetors his protest airainst the same, 
and do within eij;ht days thereatter puhlish such i)rotest in 
at least one newspaper pnhlished at, or as near hs may bo 
jK).ssil)le to, (heollice or chief place ol husiness of the Com- 
pany, such ])irector may thereby, aiul not otherwise, exo- 
nerate himself Ironi such liability. 



the 
iler 



II. For the purpose of ovffanizing th(> Companv 
said William F. McMaster, Samuel Nordh.'imer, Alexa 
Manninir, Iluirh N. liaird, Arthur IJ. Lee, Henry W, J)ai!mif 
and John A. IJoyd, shall be provisional Directors thereo'', ,ind 
thev, or a majority of them, may cause a .stock l)ook or bocks 
to be oiH'iied, ui)on which stock book or books may he 
recorded the su}).scri])tionsof such persons as desire tobecouio 
shareholders in the Company, and such hook or })ooks shall 
be opened in the City of Toronto, and elsewhere, at the 
discretion oi the said provisional Directors, and shall remain 
open as long as they shall deem lu'cessary. 

13. When and so soon as two hundred thousand dollars 

of the said cajntal stock shall have been sub.scribed, as 

aforesaid, aiuliiot less than ten per cent, of the amount so 

subscribed paid in, the said provisional Directors may call a 

p-enerah meeting of the shareholders at some place to be 

named in the City ofToronto, triving at least twenty-one davs' 

notice thereof in the Cumtfla Gazette and in one daily news- 

l>aper published in the said city, at which general meeting 

the shareholders present in person, or represented by proxy, 

shall elec t seven Directors in the maniu»r and qualified as 

hereinafter provided,\vho shall constitute a Board of Directors, 

and shall hold offline as hereinafter provided: Provided alway.'-', 

that no person shall be eligible to be or continue a Director 

unless he shall hold, in his own name aiul for his own use, at 

least forty shares of the capital stock of the Company, and 

shall have paid all calls thereon and all liabilities incurred 

by him to the Company : and the shareholders shall have 

power to increase the number of Directors at the first or any 

general meeting to any number not exceeding thirteen, or 

to reduce them to any number not less than five : Provided 

always, that the Company shall not commence the business 

of insurance until the sum of not less than five hundred 

thousand doLars shall have been subscribed, and a sura of 

not less than one hundred thousand dollars shall have been 

actually paid in on the subscribed capital. 

13. 



I'roTisional 
directors and 
their powers. 



iirst meeting 
I share- 
I ildera for 
<• "Ction of 
d -ectors. 



Proviso : 
qiialiii -Rtion 
of din- -tora. 



Number -if 
director may 
be chanj. 'd. ' 



Proviso ; 
when busi- 
ness may be 
commeaced. 



113 



Chap. ,")5. 



bH 



Metiupulitan Fire Insurame Co. 



44 Vict. 



Votes on 
shares. 



u fj J i', ! "^^'♦'t'"?« of ^hc Companv, ea.h share- 
ho der shall be entitled to give one vote for every share 
held by hmi for not less than fourteen days i)rior to the 
time of voting, upon which all calls then due shall have 
been paid ; such voles may be given either in person or by 
proxy,-tho holder of suchproxv being himselfa shareholder 
duly qualihed to vote upon his stock; and all questions 
proposed ior the consideration of the shareholders shall be 
determined by the majority of votes, the chairman presiding- 
Casting vote, at such meeting having the casting vote in case of an 
equality of votes. 



Proxies. 



Mnjority to 
decide. 



fodSns'V ,";/u "lu'^^V """^y,^^" •'^^•^'' ''^^'^^^^ provisions in such 
elecuons. ^^^^^^^ ^ ^j^is Art or the by-laws of the Companv, su,h elec- 
tion shall take place yearly,— all the members oY the board 
retiring, and (jf otherwise qualilied) beins- oligible for re- 
election ; notice of the time and place ior holdino- general 
meetings of the Company shall l)e given at leasftwentv- 
one days previously thereto in the Canadn Ga zetU and in sonie 
newspaper published in or as near as may be to the place 
where the cliief olRce or place of business of the Com- 
pany IS situate: elections of Directors shall be by 
ballot : vacancies occurring in the Hoard of Directors may 
be tilled lor the unexpired remainder of the term, by the 
board from among the qualified shareholders of the Com- 
pany: the Directors shall, from time to time, elect from 
among themselves a President and, if thev see fit, a Vice- 
1 resident oi the Company, and mav also iu\me all other offi- 
cers thereof. 



Notice, 



Ballot. 
Vacancies 



President 
and ofticers 






Failure to 
elect direc- 
tors, how 
remedied. 



Powers and 
duties of 
directors. 



By-laws may 
be made by 
them for cer- 
tain purposes. 



1*5. U at any time an election of Directors be not made 
or do not take effect at the proper time, the Compauy shall 
not be held to be thereby dissolved ; but such election mav 
take place at any general meeting of the Compauy duly 
called lor that purpose ; and the retiring Directors shall con- 
tinue m office until their .successors are elected. 

IC T he Dire, tors of the Companv shall have full power 
in all thino-s to administer the atlairs of the Company, and 
to make or cause to be made j'or the Company, any descrip- 
tion of contract which the Company may, by law, enter into; 
and may, from time to time, make 'bv-hiws not contrary to 
law, nor to this Act, to regulate the "allotment of stock, the 
making of calls thereon, the payment thereof the issue and 
registration of certificates of stock, the forfeiture of stock 
ior non-payment, the disposal of forfeited stock and of the 
proceeds thereof, the transfer of stock, the declaration and 
payment ol dividends, the term of service of the Directors 
the appointment, functions, duties and removal of all agents' 
officers^ and .-servants of the Company, the security to be 
given by them to the Companv. their remuneration and that 
(il any) oi the Directors, the time at which, and place where 

the 



1881. 



Metropolitan Fire Insurance Co. Chap. 55. 



119 



And reppaled 
or ameuJed. 
Subject to 
coonrmatioQ 
at annual 
meeting. 



Proviao : 
epecial 

general meet- 
ing may be 
called. 

Proviso : 
certain by- 
laws not 
valid until 
confirmed. 



the annual meetings of the Company shall be held, the 
calling of meetings, regular and special, of the IJr.ard ot 
Directors and of the Company, the quorum, the requirements 
its to proxies, and the procedure in all thing.s at such meet- 
ings, the imposition and recovery of all penalties and for- 
feitures admitting of regulation by by-law, and the conduct 
in all other particulars of the affairs of the Company ; and 
may, from time to time, repeal, amend or re-enact the same ; 
but every such by-law, and every repeal, amendment or re- 
enactment thereof, unless in the meantime confirmed at a 
general meeting of the Company, duly called for that pur- 
jjose, shall only have force until the next annual meeting of 
the Company, and in default of confirmation thereat, shall, 
at and from that time only, cease to have force : Provided 
always, that one-fourth part in value of the shareholders of 
the Company shall, at all times, have the right to call a spe- 
cial meeting thereof for the transaction of any business 
specified in such written requisition and notice as they 
may issue to that effect : Provided also, that no by-law 
lor the issue, allotment or sale of any portion of the un- 
issiied stock at any greater discount or at any less premium 
than what has been previously authorized at a general 
meeting, or for the payment of the President or any Uireetor 
shall be valid or acted upon until the same has been con- 
firmed at a general meeting. 

17. The Company shall have power to lay out anJ invest Application 
its capital in the first place in paying and discharffincr all °f c*P'^i- ^ 

J. u 1 ■ °t • 1 • .. ° , Powers as to 

costs, charges and expenses incurred in applying tor and real esute. 
obtaining this Act and all other expenses preparatory or 
relating thereto, and shall have power to acquire and hold 
such real estate as it may require for the purposes of its 
business within the Dominion of Canada or elsewhere, and 
to sell and dispose of the same, and to take, hold and acquire 
other property in its place as may be deemed expedient, and 
to take, hold and acquire all such lands and tenements, real 
and immovable estate, as shall have been bond fide mortgaged 
to it by way of security or conveyed to it in satisfaction of 
<iebt3 previously contracted in the course of its dealings or 
otherwise obtained : Provided that the Company shall not Proviso. 
retain such real estate so acquired in satisfaction of debts for 
a period exceeding five years : and the Company may invest investment 
the capital stock, funds and moneys of the Company, tempo r- °* ^'^°'^^- 
arily or otherwise, in Dominion, Provincial, municipal and 
foreign securities, in bonds and mortgages and the stocks of 
the incorporated moneyed institutions of the Dominion of 
Canada, and. may change and re-invest the same as occasion 
may, from time to time, require. 

Xl\H. The Company shall not make any dividend whereby Dividends 
their capital will be, in any degree, reduced. ' not ^'o impair 

Iff. 



t I 



ill: 



120 



I 



Chaps. 65, 56. MelropoHlan Fire Insurance Co., Sfc. 4 1 ViCT. 

."i^ewhe?? '" ^ "»: It ^h*^" .^^'^ lawful for the Company to have offices, 

than in maintain agencies, and transact business in any part of th(- 

Canada. United Kingdom of Great Britain and Ireland, and in any 

part of the United States of America, should a majority 

01 the shareholders, at a special general meetiu'v to ]/& 

expressly convened for that purpose, so determine. ° 

Kaie.""^ 20. To enable the Company to extend their business to 
parts abroad, as contemplated by this Act, it shall be lawful 
lor the Company to make deposits of money or securiti'vs 
there, in compliance with the laws of the country, state or 
states wherein it may be desirable to carry on their business 
ot insurance. 



General laws 
to applj. 



Preamlle. 



Incorpora- 
tion. 



V Ofporate 
came and 
Keneral 
powers. 



91. This Act and the Company hereby incorporated, and 

he exercise of the powers hereby conferred, shall be subject 

i . 0?^°)''"'^"'' contained in " The Insurance Ach o/187d 

and 1877, and to all other general laws in force or that may 

hereafter be in force respecting Fire Insurance Companies 



CHAP. 56. 



An Act to incorporate the English and Colonial In,' 

auce Company. 



sur- 



[Assented to 2\st 3Iarch, 1881.] 

WHEREAS the Honorable George W. Allan, D. McCarthv 
Z! w T.^''^^''"?.' ,"• -"^trathy, S. Nordheimer, T. iS 

Stapier W. Ran^say, Ralph K. Burgess, W.Galbraith J W 
G. Whitney, B. H. Dixon, J. Crowther and F. A. Ball have 
petitioned lor an Act to incorporate them and others under 
he style and title of the English and Colonial Insurance 

vf^i'V' r ^J'V.P^'P*'.'.^ ?^ carrying on the business of 
Inre, In and and Ocean Marine Insurance, in the Dominion 
of Canada, and elsewhere ; and whereas it is expedient to 
grant the prayer of the said petition : Therefore Her Majestv 
bv and with the advice and consent of the Senate and Houie 
of Commons of Canada, enacts as follows :— 

I. The said peisons and all such other persons and bodies 
corporate and politic a,s shall, from time to time, be pos- 
sessed of any share or shares of the stock of the Company 
hereby incorporated, are hereby constituted and shall be one 
body corporate and politic, in law and in fact, bv the n.an,e nf 
Ihe iingjjsh and Colonial Insurance Company," and bvlhat 
name shall have perpetual succession and a common seal 
with power to change and alter such seal at pleasure and 

by 



; offices, 

t of tllK^ 

d ill any 
majority 
? to be- 



n 



1881. Eno-fish and Culonial Insurance Co. Chap. 50 

by that name may sue and be sued, plead and be impleaded, 
in all couits whatsoever. 



121 



Proviso : how 
the company 
may increase 



2. The capital stock of the Company shall be one million Capital and 
dollars, divided into ten thousand shares of one hundred *'""^^^' 
dollars each, which said shares shall b(> and are hereby 

vested in the several persons and bodies corporate and 
politic who shall subscri))e for the same, their legal represen- 
tatives and as.^gns, subject to the provisions of this Act: 
Provided always, that it shall be lawful for the Com- 
pany, from time to time, to increase its capital stock to , 
such sum, not exceeding- in the whole five millions of dollars, 'i^W'iai 
as a majority of the shareholders representing at least one- 
half of the subscribed capital, at a special general meet- 
ing to be specially convened for that purpose, from time to 
time, shall agree upon. 

3. For the purpose of organizing the Company, the persons ji''°cto°°*' ^ 
named in the preamble of this Act shall be provisional tileinwvoM. 
Directors thereof; and they, or a majority of them, may 

cause stock books to be opened, after giving such notice 
thereof as they may deem necessary, upon which stock books 
shall be recorded the subscriptions of such persons and bodies 
corporate and politic as desire to become shareholders' in the 
Company ; and such books may be opened in the City of 
Toronto and elsewhere at the discretion of the said provi- 
sional Directors, and may remain open as long as they deem 
it necessary : Provided always, that the said provisional p^o^igo . 
Directors may issue such shares at their par value, or at such tJ^s^ueof^ 
rate of premium as they may consider advisable, the amount 8'"*'"®^- 
of all premiums on stock to be placed to the credit of a 
reserve fund in the books of the Company. 

4. When and so soon as five hundred thousand dollars First general 
par value of the said capital stock shall have been subscribed election of"" 
as aforesaid, and one hundred thousand dollars thereon paid directors. 
in, the said provisional Directors may call a general meeting 

of shareholders, at some place to be named in the City of 
Toronto, giving at least ten days' notice thereof in 'the Notice. 
Canada Gazette, and also in some daily newspaper published 
in the said city, at which general meeting the shareholders 
present in person or by proxy shall elect nine Directors in 
the manner and qualified as hereinafter provided, who shall 
constitute a Board of Directors, and who shall hold office Term of office. 
until the third "Wednesday in February in the year follow- 
ing their election. 



Calls. 



by 



a. The shares of capital stock subscribed for, and the 
premium, if any, thereon shall be paid in and by such instal- 
ments at such times and places as the Koard of Directors for 
the time being may, from time to time, limit and direct : Pro- proviso : 
vided always that the Directors may allow such rate of ">« directors 

•' • 1 i. ffisy allow 

interest 



^iii 






^--' 



122 



interest for 
pre-payraent 
of calls. 

Proviao ; 
$100,000 to 
be paid in 
before com- 
mencing 
buaiueas. 

Xine direc- 
lora to be 
elected. 



How and 

when to be 
elected. 



Notice. 



Ballot. 



Case of 
«quality of 
Totes. 



President and 
Vice-Presi- 
<3ent. 
Vacancies 
among direc- 
tors, Eow 
tilled. 



Provis) : 
qualification 
of directors. 



Chap. 66. English and Colonial Insurance Co. 44 Vict. 

interest ior prepayment of calls not exceeding six per cent 
per annum, as they may deem expedient ; and provided 
also that It shall n(,t be lawful for the Company to com- 
mence th(! business of lire, inland navigation and marine 
insurance until a sum not less than one hundred thousand, 
dollars shall have been actually paid in on account of the 
subscribed stock. 

«. The .stock, property, aliairs and concerns of the 
Company shall be managed and conducted by a Board 
ol Directors, one of whom shall be chosen Tresident 
and one \ ice-President, who, excepting as hereinbefore 
provided lor shall hold office for one vear, which 
Directors .shall be elected at the annual general meet- 

lu^?i"L . ^^''^'^'^'■'' *P beholden at Toronto on the 
third ^\ ednesday in February in each year, or on such 
other day as may l)e regulated by by-law.— not less than 
ten days, notice of such meeting being gix^^n by adver- 
tisement in some daily newspaper published in Toronto- 
and the said election shall be held and made by such of the 
shareholders present in p.'r.^on or by proxy as shall have 
paid a 1 calls made by the Directors and then due ; and all 
such elections shall be by ballot, and the nine persons who 
shall have the greatest number of votes at any such election 
shall be Directoi-s, except as hereinafter directed ; and if two 
or more persons have an equal number of votes in such a 
manner that a greater number of persons than nine shall 
appear to be chosen as Directors, then the Directors who 
sha have a greater number of votes, or the majority of them, 
shall determine which of the said persons so having an equal 
number of votes shall be Director or Directors, so as to com- 
plete the whole number of nine : and the Directors, as soon 
as may be, after the said election, shall proceed in like 
manner to elect one of their number to be President and one 
to be Vice-President : and if any vacancy should at any time 
happen amongst the Directors bv death, resignation, dis- 
qualihcation or absence from the board meetin"-s for three 
consecutive months without leave of the board? durino- the 
current year of office, such vacancy may be filled for the 
remainder of the year by the remaining Directors, or the 
majority of them, electing in such place or places, a share- 
holder or shareholders, eligible for such an office : Provided 
always, that no person shall be eligible to be or continue as 
Director unless he shall hold in his own name and for his 
own use, stock in the Company to the amount of fifty shares, 
whereof at least twenty per cent, shall have been paid in 
and shall have paid all calls made upon his stock, and all 
liability incurred by him with the Companv 



roTiSion in 



case of failure J,J,' A!^V'f\^lV^^''^''''' ?-^ I^^^^^tof ^^^ "Ot made, or 

to elect direc- J" "ot take effect at the proper time, the Company shall not 
be held to be thereby dissolved ; but such election may take 

place 










Vict. 



1881. 



Eno-lish and Colonial Insurance Co. Chap. otj. 



123 



place at any general meeting of the Company duly called lor toraataaaual 
that purpose ; and the retiring Directors sKall continue in '"«e''°K- 
office until their succeasors are elected, 

S. At all general meetings of the Company each share- Shareholders 
holder shall be entitled to give one vote lor <>ich share then '" i'»^e one 
held by him. 8uch votes may be given in person or by Ihlre^" 
proxy,— the holder ol'any such proxy being himsell'a share- 
holder. But no shareholder shall be entitled, either in person 
or by proxy, to vote at any meeting unless he shall have Proyiso. 
paid all the calls upon all the shares held by him. All 
questions proposed for the consideration of the shareholders Proviso; 
shall be determined by the majority of votes,— the Chairman jpsj/'rity to 
presiding at such meeting having the castiijg vote in case of Ca'AinK rote 
an equality of votes. 

». At all meetings of Directors, five shall be a quorum for Firedirectcra 
the transaction of business, and all questions before them « qjorum. 
shall be decided by a majority of votes ; and in case of an 
equality of votes, the I'resident, Vice-President or presiding 
Director shall give the casting vote in addition to his vote Cnsiiiig 7ote. 
as Director. 

lO. The Company shall have power and authority to Powe; to 
make and effect contracts of insurance with any person or ^^""^ '°^"'"- 
body corporate or politic against loss or damage by fire, or by tracV"' 
explosion or lightning, on any houses, stores or other build- Fire insur- 
ings, lumber, timber, grain, flour, shipping and vessels, goods, *"<=«• 
chattels and personal estate, and on any other property 
whatsoever and wheresoever situated in Canada or elsewhere, 
and to make and effect contracts of insurance with any per- Marioe insur- 
son or body corporate or politic, against loss or damage of or *"<=«• 
to sea-going, lake-going or river-going ships, boats, vessels, 
steamboats or other craft navigating the oceans, lakes, rivers, 
high seas or any other navigable waters whatsoever, from 
any port or ports in Canada to any other port or ports in 
Canada or to any British or foreign port or ports upon the 
oceans, Jakes, rivers or other navigable waters aforesaid, or 
frona one foreign port to another foreign port, or from any 
British or foreign port or ports to any port or ports in 
Canada or elsewhere upon all or any of the oceans, seas, 
lakes, rivers and navigable waters aforesaid ; and against any 
loss or damage of or to the cargoes or property conveyed in 
or upon such ships, boats, vessels, steamboats or other cralt, 
and the freight due or to grow due in respect thereof; or of 
or to timber or other property of any description conveyed in 
any manner upon all or any of the oceans, seas, lakes, rivers 
and navigable waters aforesaid,for such premium or premiums 
or consideration and under sm^h modifications and restrictions 
as may be bargained for or agreed upon or set forth by and be- 
tween the Company and the person or persons agree'ing with 
them for such assurance; and the Company shall have po\ver Reinsurance. 

to 






124 



DTeciors 
may make 
ly-law8 fur 
certain pur- 
jioses, and 
repeal or 
fitnend them. 



To be subject 
to control of 
next yearly 
meeting. 



Proviso ; 
for special 
meetings. 



Proviso : as 
to by-laws 
respecting 
issue of stock. 



Chap. 5G, English and Colonial Insvrance Co 44 VlCT. 

to cause themsclvos to be insured against loss or damage or 
risk they may have incurred in the course ol' their !)usijie,s.s, 
and generally to transact all such other business as is usually 
transacted by lire and marine insurance companies. 

II. The Directors of the Company shnll have full power 
in all things to administer the atfiiirs of the Company, and 
to mak(» or cause to be made for the Comi)any, any descrip- 
tion of contract which the Company may by law enter into ; 
and may, from time to time, make by-laws not contrary to 
law, nor to this Act, to regulate the allotment of stock, the 
making of calls thereon, the payTTient thereof, the is.sue and 
regi,stratiou of certiticates of stock, the forfeiture of stock 
ibr non-payment, the disposal of forfeited stock and of the 
proceeds thereof, the transfer of stock, the declaration and pay- 
ment 6f dividends, the number of the Directors, their term of 
service, the amount of their stock qualification, the appoint- 
ment, functions, duties and removal of all agents, officers and 
servants of the Company, the security to be given by them 
to the Company, their remuneration and that (if any) of the 
Directors, the time at which, and place where the annual 
meetings of the Company shall be held, the calling of meet- 
ings, regular and special, of the Board of Directors and of 
the Company, the quorum, the requirements as to proxies, 
and the pro -edure in all things at such meetings, the im- 
position and recovery of all penalties and forfeitures admit- 
ting of regulation by by-law, and the conduct in all other 
particulars of the affairs of the Company ; and may, from 
time to time, repeal, amend or re-enact the same ; but every 
such by-law, and every repeal, amendment or re-enactment 
thereof, unless iu the meantime confirmed at a general meet- 
ing of the Company, duly called for that purpose, shall only 
have force until the next annual meeting of the Company, 
and in default of confirmation thereat, shall, at and from that 
time only, cease to have force: Provided always, that one- 
fourth part in value of the shareholders of the Company shall, 
at all times, have the right to call a special meeting thereof 
for the transat'tion of any business specified iu such written 
requisition and notice as they may issue to that effect : 
Provided also, that no by-law for tbe issue, allotment or sale 
of any portion of the unissued stock at any greater discount 
or at any less premium than what has been previously 
authorized at a general meeting, or for the payment of the 
President or any Director, shall be valid or acted iipon until 
the same has been confirmed at a general meeting. 



Proof of by- 
lawa. 



13 

seal 



. A copy of any by-law of the Company, under their 
md purporting to be signed by any officer of the Com- 
pany, shall be received as against any shareholder of the 
Company as j)nmu facie evidence of such by-law in all courts 
in Canada 



13 



1881. 



English and Culonial Insurance Co. Chap. 56. 



135 



13 



1.1. The stock of the Company shall he ch'oinod personal stock to h? 
estate, and shall be transmissible as such and shall be trans- •deemed i.er 
ierable, in such manner only, and subject to all such condi- ^'^°''' ^-'"*"^- 
tions and restrictions as by this Act or by the by-laws of the 
Company, are or shall be prescribed. 

14. It shall be lawful lor the Company to invest the rnvesimentof 
capital stock, funds and moneys of the Company temporarily moneys by 
or otherwise in Dominion, Prcivincial, municipal and foreign '''^^'""i"*"^'- 
government securities, in bonds and mortgages and the 
stocks of the incorporated moneyed and other institutions of 
the Dominion of Canada, G-reat Britain and the United 8t;ites 
of Ariierica, and to call in, change and re-invest the same as 
ocasionmay, from time to time, require. 

I'l. To enable the Company to extend their business to They may 
parts abroad, it shall be lawful for the Company to make ^X''^^ 
deposits of money or securities there in compliance with the abrol^! 
laws of the country or state or states wherein it may be 
desirable to carry on their biisiness of assurance. 

10. The Company shall have power to acquire and hold Powers as to 
real estate, and to build thereon for the purpose of their ''^*' *''*^®- 
business within the Dominion of Canada and elsewhere, 
of an annual value not exceeding twenty thousand dollars, 
in the Dominion of Canada or other country or countries 
respectively, and to sell and dispose of the same, and to 
acquire other property in its place as may be deemed 
expedient, and to take, hold and acquire all such lands and 
tenements, real and immovable estate, as shall have been 
bond fide mortgaged to it by way of security, or conveyed to 
it in satisfaction of debts previously contracted in the course 
of its dealings, or purchased at sales upon judgment s which 
shall have been obtained for such debts, or purchased for the 
purpose of avoiding a loss to the Company in respect thereof 
or to the owner thereof, and to retain the same for a period Limitation 
not exceeding ten years. of hoidin({. 

17, The policies of insurance issued by the Company Execution 
shall be under the seal of the Company, and shall be signed of policies. 
by the President or Vice-President aiid countersigned by 

such officer as may be directed by the by-laws, rules and 
regulations of the Company, and being so sealed, signed and 
countersigned, shall be deemed valid and binding upon the 
Company according to the tenor and meaning thereof : Pro- proviso ; 
vided always that the seal of the Company may be printed s^ai may be 
or engraved on policies or other contracts if so ordered bv ITtJf'^ °' 
the Board. ' '^ °"^- 

18. If any shareholder shall neglect or refuse to pay the Forfeiture of 
instalment due upon any share or shares held by him, the s''*'"*^ for 
Directors may forfeit such share or shares, together wuth the of ca?ui!'"'"" 

amount 



And tale of 
tbe sftme. 



12C Chap. 56. English and Colonial Tasin-ancp. Co. 44 VicT. 

amo\uit preA'iously paid thereon, in such manufv as may he 
provided by the by-laws ; and such forfeited share or shares 
may be sold at a public sale by the Directors alter such 
notice as they may direct, and the moneys arising therefrom 
shall be applied for the i)uri)oses of this Act T Provided 

fo^apifiican'on "^^^'*y^ ^^''^^ "" ^^^^ *^® money realized by any sale of shares 
cfrroceeds. ^"^ mow^ than sufficient to "pay all arrears and interest, 
together Avith the expenses of such sale, the surplus of such 
money shall l)e paid on demand to the owner ; and no more 
shares shall be sold than what shall be deemed necessaiy to 
pay such arrears, interest and expenses. 



Owner of 
ebare msy 
pay arrpftr.", 
&c., btfore 
Bale. 

Suits for 
calls. 



Allegation in 
Buita for 
calls. 



What Bhall 
be prima/aeie 
ITOof in Bucb 
suits. 



19. It payment of such arrears of calls, interest and 
expenses be made before any share so forfeited shall have 
been sold, such share shall revert to the owner as if the same 
had been duly paid before forfeiture thereof; the Com- 
pany may, if they see fit, instead of declaring forfeited any 
share or shares, enforce payment of all calls and interest 
thereon, by action in any competent court ; and in such 
action it shall not be necessary to .set forth the special matter, 
but it shall be sufficient to declare that the defendant is a 
holder of one share or more, stating the number of shares, 
and is indebted in the sum of money to which the calls in 
arrear amount, in respect of one call or more ui on one share 
or more, stating the number of calls and the amount of each, 
whereby an action hath accrued to the Company under this 
Act ; and a certificate under their seal, and purporting to be 
signed by any officer of the Company, to the effect that the 
defendant is a shareholder, that such" call or calls has or have 
been made, and that so much is due by him and unpaid 
thereon, shall be received as against the defendant in all 
courts as prima facie evidence to that effect. 



Certain 
transfers of 
shares must 
be entered to 
be valid. 



And by 
Consent of 
directois. 

Proviso : as 
to indebted- 
ness to coq:- 
lany. 



20. No transfer of any share of the stock of the Company, 
itiiless made by sale under execution, or under the decree, 
order or judgment of some court competent in that behalf 
shall be valid for any purpose whatever, save only as exhibit- 
ing the rights of the parties thereto towards each other, and 
as Hindering the transferee liable, ad interim, jointly and 
severally with the transferrer, to the Companv and its credi- 
tors, until entered in the books of the Company 
according to such form as may, from time to time, be fixed by 
the by-laws , and until the whole capital stock of the Com- 
pany is paid up it shall be necessary to obtain the consent of 
the Directors to such transfer being made : Provided always 
that no shareholder indebted to the Company shall be 
permitted to make a transfer or receive a dividend until such 
debt is paid or secured to the satisfaction of the Directors ; 
and no transfer of stock shall, at any time, be made until all 
calls thereon have been paid in. 

31. 



1881. 



English and Colonial Inmrance Co. Chap. 66. 



127 



21. No tranblVr of any policy of assurance shall bo valid As to trans- 
nntil entered in the hooks of the Company and consented to ^"■"'^^ ''""' 
by the Manaj,nng Director or Manager. "*'' 

23, Each shareholder, until the whole amount of his shares LiaWiiiy of 
has })een paid up, shall be individually liable to the creditors ''"'dersof 
of the Company to an amount equal to that not paid up pa?,rup"to 
thereon ; but shall not be lia])le to an action therefor by any creditors of 
editor, before an execution ayainst the Company has been '^''"'''*'=>- 
returned unsatisiied in whole or in part ; and the amount 
due on such exi^cutio.n, not exceeding the amount unpaid on 
his shares, as aforesaid, shall be the amount recoverable, with 
costs, against such shareholder ; and any amount so recover- 
able, being paid by the shareholder, shall be taken as paid 
on his shares. 

23. The shareholders of the Company shall not, as such, be Limiteii to 
held responsible for any act, default or liability whatsoever um,*,^"^''^'''' 
of the Company, or for any engagement, claim, payment, loss, their'sha^es. 
injury, transaction, matter or thing whatsoever, relating to or 
connected with the Company, beyond the amount unpaid 

on their respective shares in the capital stock thereof, subject 
to the provisions of the next preceding section. 

24. The head office of the Company shall be in the City Fieadotfise of 
of Toronto ; biit the same may be removed to another place ; 'iJe company. 
provided always that a by-law to that effect be approved by Proviso. 

the rnajority of shareholders present at an annual general 
meeting, or a special general meeting to be called for the 
consideration of such by-law, 

25. All contracts, cheques, drafts, acceptances and other Contracts, 
writings intended to be in any wise binding on the Com- *c .not under 
pany and not under seal shall be signed by the Managing SedaSd 
Director or Manager, and certified by the President or Vice- certified. 
President as being in pursuance of the order or resolution of 

the Board of Directors. 

26. At the annual general meetinif of the shareholders Annual gene- 
the election of Directors shall be held,'and all business tran- b^Ss'and* 
sacted, without the necessity of specifying such business in proceedings, 
the notice of such meeting ; and at such meeting a general 

balance sheet and statement of the affairs of the Company 
with a list of the shareholders thereof, and all such further 
information as shall be required by the by-laws shall be laid 
before the shareholders : 

•2. Special general meetings of the shareholders may be Special gene- 
called in such manner as may be provided for by the by- '"' '^''^''■'K*- 
laws : and at all meetings of the shareholders the Presideiit, Wi^o to 
or in his absem-e the Vice-President, or in the absence of P'**'*'^' 
both of them, a Director chosen by ihe shareholders, shall 

preside, 



1 



ii 









128 



Chap ■')G. English and Cuhmial Insurance Co. 41 ViCT. 



prenido, who in case of an equality of voti>s shall give thf 
ca.stiu!'' vote in aclditiou to his votf as a shareholder. 



The <lir<'cti)rj 
limy (lecltiro 
UividcaJa. 

Proviso. 



37. Th(> Directors of the Company may doclaro such 
dividends and bonuses on tlie capital stock, yearly, half- 
yearly or quarterly, as they shall deem justilied by the 
results of the Company's Itusiness, so that no pait of the 
capital of the Company bo appropriated to any such divi- 
dends or bonuses. 



stock wbi'ii 
ever im- 
paired. 



And enforce 
tlie same. 



The directora 38. If it shouldappear at any time that after providing for 
as^essmen*" "^^ liabilities of the Company, including- lli'ty per cent, of the 
on the capital premiums in all fire and inland navigation policies and one 

"" hundred per cent, of the premiums on all ocean marine 

policies in force as a reserve for unearned premium.' or a 
re-insurance fund, the capital stock of the Company is im- 
paired, the Directors of the Company may levy aiv assess- 
ment on the stockholders of the Company, according to such 
capital stock of the Company, independent of and in addi- 
tion to all ordinary calls, sufficient to make good the 
amount of such impairment, and in case any shareholder or 
shareholders shall fail or refuse to pay in at the head office 
of the Company the amount of the as.sessment on his, her or 
their stock, the Directors nuiy sell so much of his, her or their 
stock as shall be sufficient to make good , II' amount of the 
assessment thereon either by public or private sale, having 
first mailed to each of such shareholders at his last place of 
residence, as registered in the books at the head office of the 
Company, a notice at least ten days before such sale shall 
take place : Provided always that the amount of any such 
assessment may be returned to] the shareholders, when it 
can be done without leaving the capital impaired ; and pro- 
vided further that such assessments and calls shall not in 
the aggregate exceed one hundred dollars per share. 



Proviso. 



Proviso, 



Power to 
take over tie 
business of 
any similar 
company. 



38 v., c. 20 
and 40 V., c. 
42 to apply. 



39. It shall be lawful for the Company to piirchase and 
take over the business of, or amalgamate with any other fire 
or fire and marine insurance company or companies on 
such terms as may be mutually agreed upon by the 
shareholders of the Company and of such other company or 
companies, at any annual or special general meeting thereof 
respectively. 

*iO. The Company shall be subject to the provisions of 
" T/ie Insuruare Ads of 1875 and 1877." 



CHAP. 



1881. 



Ouaranlee Co. of North America. Chap. 67. 



129 



CHAP 



s^ 



An Act furtlifi- to ameml tlio Act incorpomtin.' the 
Uuadii Ciianmtec Conipiiiiy and to clianjro the nutnc 
oj the .said Company to " Tlie Guarantee Compunv of 
North America." " 

[Assented to 21.-./ ISIunh, 1881.] 

WIIERKAS thi' Canada Guarantee Conipanv hav.' bv .. k, 
their petition, prayed lor an Art to chanje the „'anae "'"'^^• 
ol the said Company and to amend certain sections of the 

of- fwT7rp^'" -^ ^^"^ fn ^^^l^P'^^y- that is to say, the Act ..ct of Pro- 
ot the late ProA-ince of Canada passed in the session held !,'"<=« of 
in the^ fourteenth and fifteenth years of Ilor Majesty's rei^n anvils v '* 
und chaptered thirty-six ; and it is expedient to grant t^e c 3." ^•• 
prayer ot the said petition : Therefore Her Majesty, by and 
vyith the advice and consent of th(^ Senate aiid House of 
Commons of Canada, enacts as follows:— 

1. The name of the said Company is hereby changed to Name of 
'The Guarantee Company of North Amerira" by Vhich name, S^^^^^ 
m tuture,the said.Company shall enjoy all the franchises and ''""•«"^- 
privileges, and shall have and hold all the rights and assets Po^«"aad 
hereS ^^^^^J^^* ta all the undertakings'and liabilities SS^ac. 
heretofore held, enjoyed or possessed, or which have hereto- 
ore attached to the said Company ; and no suit either in 
Jaw or in equity now pending either on behalf of or against 
the said Company, shall be abated by reason of the said 
change of name, but the same may be continued to final 

me ™l' "^ '^^'^'^ ^^^^^ ^^^'^^ ^* ^^^^^^ ^*^'*^ ^'^^^ ^°"^* 

2 Sections six and seven of the Act cited in the preamble Sections s 
are hereby repealed. and 7 re- 

pealed. 

3. The arniirs of the Company shall be administered by a Board of 
board of nine L>irectors who shall be elected by the share- i^i^cto"- 
«WlT ^^""'X^^S^^ '^'"i^al general meeting; no person Election an i 
shall be elected a Director unless he be and continue to be Shfioatfoa! 
during his term of office, the proprietor in his own name 
and right of not less than twenty shares of the capital stock 
v^A H^^P^^iy : .^"d retiring Directors, if otherwise qua- 
ihed, shall be eligible for re-election: Provided alwlys, Proviso, 
that a majority of the Directors so elected shall be British 
«ubje^cts and resident in Canada: And provided also, that p.ovi.o • for 
the shareholders may at any annual general meeting or at incSo?' 
any special general meeting called for the purpose, increase '^St'' "^ 

\0L II— 9 ^YiQ 



* I 
'II 



180 



Chaps. 57, 68. Guarantee Co. of North America, 4"''- ^^ y\(rt. 

the inimhtT of Din'otors to any number not exceedinif fiftetMi 
or roducn tht^ same to any number not Icnn than seven, 
— public notice of the intention ho to increase or reduce the 
number of Dire<tors being given by adverti.senient for at 
least thirty days previous to such meeting. 



Section 28 
amended. 



Section 33 
repealed. 

ProTision for 
increase of 
capital and 
allotment of 
shares. 



ProTiBO : as 
to increase 
beyond 

$1,000,000. 



4. Section twenty-eight of the said Act is hereby amended 
by adding immediately after the word "Treasurer " therein, 
"or such other person as may, by by-law, be 



. ig 

the words , 

appointed from time to time. 



5. 



Section thirty-three of the said Act is hereby repealed. 



«. It shall be lawful for the Directors to increase the 
capital of thr Company by the issue of new shares, either at 
onc»^ or from time to time, to the amount in the whole (in- 
eluding the present capital) of five million dollars ; and if the 
iihares of the Company shall be at a premium, the same shall 
be olFered to the shareholders ratably according to the amount 
of their shares, or the same or any of them may, at the option 
of the said Directors, be sold, and the profits arising from such 
sale added to the shareholders fund ; but if the new shares 
shall not be at a premium then the same may be disposed of 
as the Directors may think fit, and on sxich terms and condi- 
tions as th(!y may think proper. Provided always, that the 
subscribed capital stock of the said. Company shall not be 
increased by the said Directors beyond the sum of one 
million dollars, without the consent of shareholders holding 
a majority of the entire stock of the Company either pre- 
sent in person or represented by proxy at a special general 
meeting or special general meetings to be expressly con- 
vened for that purpose. 



CHAP. 58 



An Act to enlarge and extend the powers of the " Credit 
Foncier Franco-Canadien." 



Preaicble. 



Act of 
Quebec, 4', 
44 v., c 60. 



[Assented to 21s/ March, 1881.] 

WHEREAS the Credit Foncier Franco-Canadien, incor- 
porated by the statute of the Province of Quebec, 
passed in the session of the Legislature of that Province 
held iu the ibriy-third and iorty-fourth years of Her 
Majesty's reign, chapter sixty, intituled " An Act to incorporate 
the Credit Foncier Franco-Canadien" has prayed for an 

extension 



1881. Criiiit FnMc:er Fnitiru-Can(i</itH. Chnp. 68. 181 

extension md milaiK'-mont olits iwwers no as to allow it to 
transact buMueBs throiiKhout the Uomiiiion, and it is 
"xpeduMit to jrrniit thi- pn.y.'i- oi" its p.-tition : Th.'n'foro 
Ucr 3Ia|c«ty, by and with th.- advice and consent of the 
Senate and House of Commons oi' Canada, onacts a« follows :— 

I. It shall 1... lawlnl lor the Corpornticm (•reat.-d and oon- rov.raof 
Mitut.Hl under the nnme of "Credit Fonei.-r Franco- """"noia- 
Canadien " by the statute of the Province of Quebec, cited *"'"" 
in the pn-amble, to exeniM' the powers hereinafter men- 
tioned, m every part of the Dominion of Canada :- 

1. To lend money as a first charp-e on tnort-age or hypo- Loa.s on 
theration oi real estate, either freehold or leasehold, situate r.ai eamie. 
withm the ]J(nTiinion of Canada, repayable either at lonjr 
date by annuities, mcludinn- an annua! payment by way of 
sinkinj4- lund for the i-radual extiiK-tion ol the loan, or at 
short date with or without progre.'^sivu sinking of the debt ; 

2 To lend money upon the hypothecation or security ofOnhon.ls 
mortgages or ol hypothecary or privileged claims bein-r a lirst *"'* '"""- 
charge on real estate, either freehold or leasehold, "situate """"■ 
within the Dominion of Canada, repayable either at Ions? 
dete by annuities, including an annual payment by way of 
sinking lund for the gradual extinction of the loan, or at short 
date with or without progressive sinking of the debt ; 

8. To lend on mortgage or hypothec or otherwise, to J-o«ns to 
municipal and school corporations throughout the Dominion corporuiiom. 
ol Canada, and fabriques and trustees for the construction 
or repair of churches, such sums of money as they may be 
authorized to borrow, repayable either at long date by 
annuities,^including an annual payment by way of sinking 
lund lor the gradual extinction of the loan, or at short date 
with or without progressive sinking of the debt ; 

4 To acquire by assignment or transfer bonds and AcquUition 
mortgages and hypothecary or privileged claims bein"- a ''^^ '*''"«• 
tirst charge upon real estate, either freehold or leasehold 
situate within the Dominion of Canada ; ' 

5. To make loans upon, or to purchase bonds or deben- Purchase of 
tures issued by municipal or school corporations in the 2' 'S"* ^.^ 
Dominion ol Canada and by incorporated companies doing deben\rrea of 
business therein, and to sell the same if deemed advisable ; eorpcrations. 

6. To make loans upon, or to purchase bonds and d^ben- aq'' p"'''!" 
tures and other public securities of the Dominion of "''"''"*'• 
Canada, or of any of the Provinces thereof, and to sell 

the same if deemed advisable. 

VOL 11— f J 2 



11 



182 



Chap. 58. Credit Fonder Franco- Canadien. 



44 VlCT. 



What only 2. The Corporation shall accept as security only real estate, 

a'Lcurl? '" ^^^^<^'" freehold or leasehold, of wliich the revenues are 
deemed sufficient. 



Limit of 
loana and 
annuities. 



The amount of each loan shall not exceed one-half of the 
estimated value ot the real estate, either freehold or lease- 
holdj mortgaged or hypothecated therefor ; and the annuity 
which the borrower may oblige himself to pay shall not 
exceed the net revenue which it may be estimated that the 
property might yield. 



Valuation of 1'he valuation of property offered as security shall be 
property. made on the double basis of the net revenue which it is 

susceptible of yielding, and of the price which it would 

bring if sold. 



Local divi- 
sions for bu- 
Biness pur- 
poses ot the 
company. 

ProTiso, 



3. For the management of business each Province other 
than the Province of Quebec shall form a division ; but the 
Board of Management may, if it deems proper, divide each 
of such Provinces into two or more divisions, and may 
subsequently re-divide such divisions and form others ; and 
may also divide the Province of Quebec into more than two 
divisions, and may subsequently subdivide such divisions 
and form others. 



Branches and 4. A branch office or agency may be established in any 
aKencies. division, whenever the .Board of Management deem it 
advisable. 



Advisory 
Boards. 



Qualification 
of members. 



5. The Board of Management may appoint and remove, 
when it sees fit, an Advisory Board in any division, com- 
posed of two or more shareholders, and may delegate to 
such Advisory Boards such powers for the granting of loans, 
not exceeding ten thousand dollars, as it may deem desirable. 
Each member of such Advisory Boards shall be the holder 
of twenty-five shares, which shall be affected by privilege 
as security for his good conduct, and shall not be transferable 
while he remains in office. 



Managers 
and agents. 



O, A manager or agent maybe appointed to administer 
the affairs of the Corporation in each Province or in any divi- 
sion which may be established by the Board of Manage- 
ment ; and such managers or agents shall have the powers 
and be subject to the obligations prescribed from time to 
time by the Board of Management. 



Suing and 
b'iiiig tiuedi 



T. The Corporation may sue and be sued> complain and 
defend in any court of law or equity in the Dominion. 

8. 



1881. 



Credit Fonder Franco-Canndien Chap. 68. 



133 



8. 



8. The Corporation may stipulate for, exact anci take, on Rate ofin- 
all sums loaned, any rate of interest not exceedinj,' six per te rest limited, 
centum per annum. 

"When the loan is repayable by way of a sinking fund, the Sinking fund 
Corporation shall stipulate for, exact and take an annual sum [oan *^'"^ °^ 
for the gradual extinction of the loan to be determined by 
the rate ot interest and the duration of the loan, and may 
also stipulate for, exact and take a percentage or commission 
for cost of management not exceeding one per centum per 
annum on the principal loaned ; but, in such case, such 
percentage or commission and the interest together must not 
exceed six per centum per annum on the principal loaned. 

0. The annuity in the case ot loans contracted with pro- Of wh«t the 

gressive sinking of the debt is composed of : — ftnnuity for 

' paying off 

. shall be com- 

1. The interest ; posed. 

2. The annual sum for the progressive sinking of the 
debt ; and may also include, — 

3. The percentage or commission for cost of management. 

In case it should be stipulated that the insurance of the insurance. 
buildings on the estate mortgaged or hypothecated, may be 
made in the name of the Corporation and that the annual 
premiums therefor may be paid through the medium of 
the Corporation, the annuity may be increased by the amount 
of the annual premium. 

The annuities are to be paid half-yearly at the periods Payment of 
and places fixed by the Board of Management. annuitiea. 



m 



lO. Every half-yearly instalment of an annuity, and every interest 
stalment of interest on loans without a sinking fund, arrears 

nr>f -rxii/l iirViovi #1 n /^ clxill «+' ..'^.V.i^ ««,1 ...^4.1 ,,i. COStS. 



on 
and 



if not paid when due, shall, of right and without any 
putting in default being necessary, bear interest for the 
benefit of the Corporation, at the same rate as the loan itself. 

11. Debtors of the Corporation shall have the right to dis- Anticipated 
charge their debts before they become due, whether in Payments, 
whole or in part only. 

Anticipated payments shall give rise to an indemnity in indemnitjr to 
favouroftheCorporationwhichshallnot exceed three months' company in 
interest on the capital repaid before coming due, at the rate ^""'^ *^"*" 
stipulated for the loan. 

la. The provisions of the Act forty-third Victoria, chapter Act 4S v., c. 
forty-two, shall apply to the Corporation. 42 to apply. 

18. 



I) 



I 



134 



Power to 
borrow 
moDejr and 

issue bonils 
of the cor| o- 
ration. 



fnterest on 
bonds. 



Bonds may be 
in dollars or 
francs. 



Powers as to 
real ettnte, 
amount li- 
mited. 



Power to 
dispose of. 



To purchase 
claims on 
s ich pro- 
perty. 



Terra of hold' 
iug limited. 



Notices, how 
publisbei. 



Chap. 58. Credit Fancier Francu-Canadien. 44 ViCT. 

13. The Corporationinay,from time to time, borrow money 
to an amount which shall not exco«d five times the amount 
of its paid up and unimpaired capital ; and it may, 
for that purpose, execute, negotiate and issue obligations or 
bonds or debentures in sums of not less tlian live hundred 
francs, French currency, redeemable either at a fixed period 
or within a definite term by means of drawings with or 
without premiums or prizes. It may stipulate and pay on 
the obligations or bonds or debentures which may be 
issued by it, any. rate of interest that may be lawfully 
taken by individuals at the place where they are issvied. 

1*. Any bond or debenture issued under the provisions of 
this Act may b« issued in the denomination of dollars or 
francs, and the coupons attached representing the interest 
on such bonds may correspond to the denomination of the 
bond to which they are attached. 

1»"5. The Corporation may acquire and hold such real estate 
as may be necessary for offices for the transaction of its 
business in the several Provinces of the Dominion ; but the 
value of such real estate acquired in each division for such 
purpose shall not exceed at the tini' of a(>quisition the sum 
of fifty thousand dollars. 

It may, from time to time, lease, mortgage, hypothecate, 
sell or otherwise dispose of or deal with such real estate. 

It may also, for the protection of its invest- 
ments,, purchase and hold real estate mortgaged or 
hypothecated in its favour ; but it shall sell or otherwise 
dispose of such real estate so acquired in payment or for the 
protection of its claims, within seven years from the acqui- 
Kition thereof; and may, in the meantime, deal with and 
manage and may, from time to time, mortgage, hvpothecate 
or lease the real estate so acquired and held. 

16. Notices of meetings of shareholders and all other 
notices required to be published, shall be published in the 
Cunnila Gazelle. 



Annial re- 
port to Mi- 
nister of 
finance and 
what it must 
show. 



17. The Corporation shall transmit, on or before the first 
day of March in each year, to the Minister of Finance, a 
statement in duplicate to the thirty-first day of December 
inclusive of the previous year, verified by the oath of the 
President, Vice-President or the Managing Director, setting 
out the capital stock of the Corporation and the proportion 
thereof paid up, the number of shares to order and the 
number to bearer, the assets and liabilities of the Corporation, 
the amount nnd nature of the investments and the* average 
rate of interest derived therefrom, the extent and value of 
the real estate held, the amount and nature of Ine obliga- 
tions 



1881. Credit Fonder Franco- Canadi en, SfC. Chaps. 58, 69. 

lions or bonds or debentures issued and the rate of interest 
payable thereon, and such other details as to the nature and 
extent of its business as may be required by the Minister of 
Finance, and in such form and with such details as he may, 
from time to time, require and prescribe ; but the Corporation 
shall in no case be bound to disclose the names or private 
Affairs of any persons who may have dealings with it. 



135 



CHAP. 59. 

An Act to incorporate the CrkUt Fo??(/e>*of the Dominion 

of Canada. 

[Asaenltd to 2\sl March, \%%\.,] 

WHEREAS La socieie financiere de Paris ; the firm of Preamble. 
Kohn, Reinach and Company, of Pari^, in France, 
bankers ; W. Betzold, Esquire, of Paris, in France ; 
Duncan Mclntyre, of Montreal, Esquire ; the Honorable 
J. Rosaire Thibaudeau, Senator of the Dominion of 
Canada ; the Honorable Matthew Henry Cochrane, 
Senator of the Dominion of Canada ; Charles D. Rose, of 
London, England, banker ; the Honorable Peter Mitchell, 
of Montreal, and Andrew Robertson, of Montreal, merchant, 
have by their petition prayed for an Act of incorporation for ' 
"the establishment, by means of a capital to be subscribed in 
Canada, Germany, France and elsewhere, of an institution of 
landed credit having for its object to supply real estate owners 
in the Dominion of Canada, who may desire to borrow upon 
hypothecary or mortgage securities, with the means of pay- 
ing their indebtedness by long term annuities, and with the 
light to issue and negotiate obligations or bonds bearing 
interest yearly and repayable at par, or with prizes or 
premiums ; and whereas it is expedient to grant the prayer 
of their petition : Therefore Her Majesty, by and with the 
advice and consent of the Senate and House of Commons of 
■Canada, enacts as follows : — 



TITLE FIRST. 



INOORrORATION OF THE INSTITUTION. 



1. A Corporation is hereby created and constituted iinder lacorpor*- 
the name of the Credit Fancier of the Dominion of Canada, ^'^n- 

TITLE 



.) : 



336 Chap. 69. Credit Fonder, Dominion of Canada. 44 ViCT. 

TITLE SECOND. 



OBJECTS OF THE CORPORATION. 



Objects of the 
corporation. 

Loans on 
Lypotbec. 



Loans on 

jrvilegeJ 

claims. 



To certain 
pnblic bodies. 



Acquisition 
c>f claims. 



Purchase of 
bonds. 



Loans to 
Government. 



3. The objects of tho Corporation shall be,-- 

1. To loan, npon hypothec or mortgaore, to owner.s of 
real estate either freehold or leasehold within the 
Uomimon of Canada, sums of money repayable either at 
Jong date by annviities, or at short date, with or without a 
sinking fund ; " 

2. To loan, u\)on the security of hypothecary, morto-a"-*^ 
or privileged claims affecting immovables, or of the transfer 
1 ^^"lo/tgage or lien on real estate either freehold or 
leasehold situate in the Dominion of Canada, sums of money 
payable either at long date by annuities, or at short date, 
with or without a sinking fund ; 

• ^'i '^^i^'^^u ' "P^^^ hypothec, mortgage or otherwise, to muni- 
cipal and school corporations, to Fabriques and trustees for the 
construction or repair of churches in the said Dominion, such 
sums of money as they may be authorized to borrow, and 
repayable either at long date by annuities, or at short date 
with or without a sinking fund ; 



4. To acquire by subrogation or transfer, hypothecary.mort 
gage or privileged claims upon immovables situate in the saic 
Dominion ; 



5. To purchase bonds or debentures issued by muni''i])al 
and school corporations in the said Dominion, and bv 
incorporated companies doing business in the said Dominion 
and to re-sell the same if deemed advisable ; 

r.?; T?,^^^*' ^oans to the Government of any of the Provinces 
ol the Dominion ; 



Issue of 
bonds. 



7. lo create and negotiate, as representing its operations, 
obligations or bonds, to an amount which shall not exceed 
hve times the amount of its paid-up and unimpaired capital. 



titlh: third. 



HEAD OFFICE AND DUR.4TI0N OF THE CORPOR.ITION. 
. ",, 1— -n!<.ti.'5 may oe eDtaDliKhuu ai suoli other 






1881. 



Credit Fourier, Dominion of Canadi. Chap. 69. 



4. The duration of the Corporation shall be . 

ninety-nine years, dating? from the coming into force of this » 
Act, unless further extended as hereinafter provided for. ' 



1 



131 



limited to Duration of 
the corpora^ 
ion. 



TITLE FOURTH. 



C.VPITAT. STOCK— MURES— INSTALMENTS. 

5. The capital stock shall be five million dollars gold, Capital stock 
divided into fifty thousand shares of one hundred dollars ^""^ *''*"8' 
each. It may be increased by a resolution adopted at increase. 

a special general meeting. 

6. The capital stock shall be composed of issues of ten separate 
thousand shares each, of which the first shall be issued 's'les "f 
at once : on the ten thousand shares composing the first Mjmint"*'* 
issue, ten per cent, shall be paid on subscription and fifteen thereon. 
per cent, in the month following : the dates of the issues 

of the remaining forty thousand shares shall be determined 
by the Board of Management. Holders of shares previously 
issued shall, within the delay fixed by the Board of Manage- 
ment, be entitled by privilege and in proportion to the 
St jck they hold, to subscribe for the forty thousand shares. 
The new shares must be paid up in the same proportion as 
the shares previously issued ; the new shaies shall not be 
allotted below par ; and the Board of Management shall 
determine the amount of the subsequent calls, as well as the 
manner and the delay in which they shall be paid up : the when to 
Corporation may commence business whenever one million commente 
dollars have been subscribed and twenty five per cent thereof ^i^^'"""" 
has been paid up. 



iiness 



7. The subscribers to the capital stock to the extent of Founders of 
the ten thousand sliares mentioned in section six, shall be '^^ corpora- 
the founders of the Corporation, and shall, as such, be entitled privileges"' 
to the benefits mentx — .id in sections eight and ninety-three 

of this Act, Stock certificates shall be given to the 
founders to establish their rights under the first paragraph 
of section eight and to facilitate their obtaining their 
shares of the profits specified in section ninety-three 
The Board of Management shall determine the form of such 
certificates, and the method of their transfer shall be the 
the same as in the case of shares. 

8. In the event of the capital stock being increased Allotment of 
beyond five million dollars, the founders and holders •ncr.ised 
of shares previously issued shall have a riffht* bv preference, " 

to subscribe lor the' shares to be issued in t^he'ratio of thirty 
per cent, for the founders or their representatives, and 
seventy per cent, for the shareholders. 



188 



Chap. 59. Credit Fancier, Dominion of Canada. 44 ViCT. 



To be proper- 2. The allotment of su<'h seventy per cent, shall bo in 
tionate. proportion to the amount of stock held by each share- 

holder. 



'/ 



Shareholdera 3. Such of the shareholders as do not hold sufficient stock 
order'to vo't"", ^^ entitle them to at least one share in the new issue may 
unite tos'ether to form the number and to exercise their 



40 



rights. 



Regulations 4. A resolution of the Board of Management, shall deter- 
BoMdTAa-^ mine the delays and the manner in which the benefit of the 
uagement. above provisions may be claimed. 

Paymeat of 9. The amouut of the shares shall be payable in gold, 
s ures. jjj. j^g equivalent, at Montreal or such other place or places 

and at such dates as may be fixed by the Board of Manage- 
ment. After the first call has been paid up there shall be 
delivered to each shareholder an interim stock certificate 
bearing one of a series of numbers, upon which all subse- 
Caii3 and quent payments shidl be inscribed. The calls shall be made 
Boiicethereof. known to the shareholders by means ot advertisements 
inserted, a month beforehand, in the Canada Gazette and one 
or more daily newspapers published in Montreal, and such 
other place or places as may be determined by the Board of 
Management. 



Interest on 
arrears. 



lO. Every sum of money of which the payment is delayed, 
shall, of right, bear interest, and without a suit at law being 
necessary, fcr the benefit of the Corporation, at the rate of six 
per cent, per annum from the date at which such payment 
became due. 



Forfeiture and H. The Board of Management shall have the power to 

f« non.?ay-*' P^vide by by^law for the forfeiture of stock for the non- 

«nent. payment of calls made thereon, and for the disposal of 

forfeited stock and of the proceeds thereof. The steps 

hereinabove authorized to be taken shall not prevent 

the Corporation from having recourse, at the same time, 

Disiribution to ordinary proceedings at law : the proceeds of the 

•of proceeds, g^jg^ afj^^JJ. deducting the costs, shall be applied upon the 

amount due by the expropriated shareholders, who shall still 

be liable for the difference, if there be a deficiency, but who 

shall be entitled to receive the surplus, if there be any. 



Stock cprti- 
fieates to 
l>earer. 



Poim. 



13 The Corporation may, if they deem it advisable so to 
do, deliver certificates to bearer, for shares on which forty 
per cent, is paid up, provided the said shares are held, 
owned and transferred on the continent of Europe. Certifi- 
cates to bearer shall be taken irom a register with counter- 
foil ; they shall be numbered consecutively and bear the 
signature of two Directors and the seal of the Corjwra- 
tion. 

13. 



w 



1881. 



Credit Fonder, Dominion of Canada. Chap. 59. 



189 



13. Stock certificatt's to order shall be negotiable to order Tr*inf»rof 
by transfer, granted by the seller and accepted by the buver ; "ock certifi- 
when the parties act throuirh an agent, the power ol attor- 
ney shall be delivered to the Corporation. 



l4. Certificates 
delivery. 



to bearer shall be transferred by simple when to 

bearer. 



15. Any shareholder may claim, in exchange for certifi- Eichanpreof 
cates made payable i:i bearer, a certificate to his order : the cfirtiticatej. 
Board of Management shall determine the conditions, the 
manner, and 
cates. 



the cost of effecting such exchange of certiti- 



lO. The ownership of more than one share, in the name Coiiectire 
of the bearer, shall be established by a collective certifi- '="'''^'="'*- 
cate. 



17. Every share shall give its holder a right in the owner- Payment of 
ship of the assets of the Corporation and to a share in the howVr"of*'* 
profits, in proportion to the number of shares issued. Pay- certificate. 
ment of the dividends upon any share, either to order or to 
bearer, shall be valid, if made to the holder of the certificate. 

IS. The shareholders shall be liable only for the amount Y*^'h^^d°* 
of their shares ; and no call shall be permitted beyond such nmUed!' *" 
amount. 

19. Every share shall be indivisible, and the Corporation No division 
shall recognize but one owner for each share ; co-proprietors ^^ ^^^'^^*- 
of a share shall be required to be represented by one and the 
same person. 



30. The rights and obligations appertaining to shares Effect of 
shall follow the certificate into whatever hands it may law- '"t^fi*"" °^ 
fully pass; the possession of a share shall of right entail "' ' *^ *' 
compliance with the by-laws or regulations of the corpora- 
tion and the decisions of general meetings. 



being ProTision in 
--le of loi8 
certificate. 



21. In the event of any stock certificates to bearer 
lost, the Corporation shall not be obliged to replace them or *;*^^ °^ '"" 
to pay the interest or dividends due tnereon, until it has 
been furnished with satisfactory i^roof of the loss of such 
certificates and of the rights of the claimants, and also until 
all legal formalities have been fulfilled : the 13oard of 
Management shall determine the conditions on which 
certificates to order, which have been lost or mislaid, shall 
be replaced. 

TITLE 



f 



[11 



140 Chap. 59. Ciidil Fancier, Dominion of Canada. 44 ViCT. 

TITLE FIFTH. 

MANAGEMENT OK THE <"ORPORATION. 



Board of ma- 
naeement, 
and how com' 

|i06f>'l. 



Elected ami 
proTisional 
directors and 
qialificatioD, 



Term of and 
i.poof of qua- 
lification. 

Security. 



Section I.— Board oj Managev}enl. 

22. Th(i Corporation shall l)e manajof d by a Board of 
. Managomont, composed of from sovoii to twenty-one Directors, 
who shall annually elect from amongst their number, a 
President and a Vice-President ; th(> number of Directors 
may, from time to time, be fixed by by-law ; until otherwise 
provided, the Board shall be composed of seven Directors. 

93. The Directors shall be appointed at the general meet- 
ing of the shareholders; >i<'A'ertheless, the first Board of 
Management shall be appoiv.ted i ' the persons mentioned 
in the preamble, and by tho: > havnip power and authority 
to act for the companies th niu naif ;d. This latter Board 
shall remain in office for ,." v^ar; and before euterinff 
upon office, each member shall eb.a jlish that he is possessed 
of fifty shares. Fifty shares of his stock shall be held by 
the Corporation as security for his good conduct and man- 
agement as Director, and shall not be transferable while he 
remains in office. 



Order of 
retiremeDt. 



Vacancies 

bow filled. 



Allowance 
for attend- 
ance. 



Meetings of 
the Board. 



Voting at 
meetings of 
Board. 



24. One-third in number of the Directors shall go out of 
office every year after the first year : it shall be decided by 
lot which of the Directors shall retire during the three years 
next after the first year ; and afterwards, they shall retire 
by seniority : they may always be re-elected : any vacancy 
occurring among the Directors shall be temporarily filled up 
by the Board, and the next ensuing general meeting shall 
definitively elect a successor : a Director appointed in the 
place of another shall remain in office only during the 
remainder of his predecessor's terra of office. 

25. The Directors shall, for every time they are present, 
receive a counter, of which the value shall be deter- 
mined by the general meeting. 

26. The Board of Management shall meet as often as the 
interests of the Corporation may require, and at least once a 
month. The meetings shall be called bv the President or 
Vice-President, or by the Director chosen'by the Board to fill 
his place. 

2 No resolution can be adopted unless three of the 
Directors residing in Canada are present. Directors residing 
m foreign parts or those who are absent may be represented 
at the meetings of the Board by proxy given to one of their 
colleagues. No Director shall, as proxy, have more than 
three votei^ at the Board. 

8. 



lf!3l. 



Credit Fancier, Doviininn of Canada. Chap. 69. 



141 



3, Directors who are ab; J.. t may also g-ive their vote in Vote ia 
writing by correspondence. whuDg. 

4. All resolutions and by-laws shall be carried bv a ma- Dec-ijion.'. 
jority of the votes cast at the meeting; when the votes are 
equal, the President, Vice-President or presiding Director 

shall have a easting vote. 

27. The proceedings shall be recorded by minutes entered Mimuesto 
in a register and signed by the President, the Vice-President, •"■ ''*?'• 
or the Director chosen by the Board to fill his place, and the 
Secretary ; copies or extracts of such minutes which are 
required to be produced in court or elsewhere, shall be 
certified by the President or Vice-President. 

38, The Board of Management shall have full Powers of 
powers lor the management of the affairs of the *''* '^°""* ''\ 
Corporation : it shall pass by-laws for its intenial ™*"''«*°"" " 
management ; it shall appoint and remove the managers, 
officers, and employees of the Corporation, shall deter- 
mine their powers and fix their fees, salaries and gratui- 
ties ; it shall also determine the amount of the security 
which they shall give, and if necessary, authorize it to be 
repaid; it shall, if need be, authorize the purchase of im- 
movable property in the Dominion of Canada, for the 
purpose of establishing its offices therein, and the sales of 
such immovables and those acquired in payment or for the 
protection of their claims ; it shall decide upon— 

1. The general conditions on which loans shall be granted; Loans. 

2. The conditions and terms on which the borrowing Terms 
powers shall be exercised ; 

3. Calls upon shares issued and the issue of new shares ; Call?. 

4. The annual statement of accounts to be submitted to Annual 
the general meeting ; statements. 

0. The determining the amount of the dividend and of the Dividends. 
amounts to be advanced on account thereof ; 

6. The establishment or closing of branch offices or Agencies. 
agencies ; 

7. The amalgamation of the Corporation with other Amuigama- 
companies with the consent of a majority of the shareholders "°°- 

at a meeting specially called for the purpose ; . 



8. Its anticipated dissolution ; 



Dissolution. 



9. The rules under which the managers shall in general Rules. 
administer the affairs of their respective divisions ; 

10. 



f 



142 



Chap. 69. Credit Fomiir, Dominion of Canada. 44 ViCT. 



Iiiu* uf 
bonds. 



Annual 
T«purt. 



Dccidinf; 
upon appli- 
cations. 



10. The creation and issne of obligations or bonds ; the 
date of their issue ; the rate of interest.which shall not exceed 
that authorized by law in the Dominion of Canada ; the date 
of the re-payment thereof, the number of drawings (firages 
uu sort) and the amount of the prizes or premiums, the per- 
centage whereof, together with t!ie interest thereon, shall no': 
exceed the rate authorized by law. 

11. It shall submit, each year, to the meeting a report upon 
the accounts and the liuancial position of the Corporation, 
—which report shall be printed and distributed to the mem- 
bers at the meetinsr. 

20. The Board of Management shall decide upon appli- 
cations <br loans and other transactions, and srant or refuse 
them ; but it may delegate that power to a committee there- 
of, for applications which do not exceed twenty thousand 
dollars. 



4' 



Local boards 30. The Board of Management may apj. ^int and remoA'e, 

pointed.'''" "^^'^®" ^^ ^^^^ '•^' a"J-0(al Board" in each division; such 
Local Boards .shall be composed of not less than three 

Their power, persons ; they shall exercise tlie powers of the Board 
relating to applications for loans or proposals for the transfer 
of hypothecary or mortgage claims, the amount of which 
does not exceed ten thousand dollars Canadian currency ; 
but the Board of Management may furt'.ier limit the amount 

Quorum. of such applications and proposals. No proceedings of the 
Local Board shall be valid unless a majority of the members 

Agent. are present ; the Board may also appoint an agent to act for 

the Corporation in Europe and may confer upon him such 
powers as they deem desirable within the scope of their 
authority. 

31. The members of the Board of Management shall not 
incur any personal or joint and several liability in the 
performan(^e of their duties ; they shall be responsible only 
for the proper execution ot their trust. 

Shareregister. 3*2. A register for the transfer of the shares of the Corpor- 
ation, sold out of Canada, shall be kept in a place to be fixed 
by the Board of Management; and the officer in c'harge of such 
register shall forward a list of transfers effected therein to 
the office of the Corporation in Montreal, in order that a 
complete register may be preserved there of all the shares to 
order in the said Corporation. 

Section II. — The Auditors. 

o/'Audi'tSrs"' **"*■ 7^^'^'*^ ^'^^^^'^orsshallbeiippointedby the general meet- 
" ' *"^*' ing. They shall remain in officii for one year, and shall be 
eligible lor re-election. 



Uemberg of 
board indem- 
nified. 



-mm^'^ 



1? 



18R1. 



Credit Foncier, Dominion of Canada. Chap. 59. 



148 



2. In case of the death, abscnc**, illness or retirement of VacBncies. 
one of the auditors, the remaining auditors shall forthwith 

eiect a successor. 

3. Every auditor shall be the holder of at least twenty-five Qimiiiication. 
shares and his stock to that extent shall be held by the 
Corporation as security for his good contluot as auditor, 

and shall not be transferable while he remains in oflice. 

4. The provisions of section twenty- live of this Act shall See. 25 to 
apply to the auditors as well as to the Directors. "''!''^'' 

34. The duty of the auditors shall be to see to the strict Duties and 
observance of the provisions of this Act as to the issue of ^^^J^-^^f 
bonds and otherwise ; they shall be entitled to be present at ' 

the meetings of the Board and to give their opinion ; they 
shall examine the yearly accounts and inventories and 
certify to their correctness ; the books and accounts, 
and generally all documents of the Corporation, shall be 
submitted for their examination, at their request. They 
may, i' any time, examine the cash, securities and vouchers 
of the Corporation. 

35. They shall make an annual return to the general To make an- 
meeting, — which return shall be printed and distributed to ""*' fi-'uro*- 
the members two weeks previous to the meeting. 

3«. The auditors shall have the right, when they unani- May call spe- 
mously decide upon it, to have a special general meeting ciai meetings. 
called. 

Section III. — Management in the Dominion. 

37. For the transaction of business the Board of Manage- Board of 
ment may form divisions, and may subdivide such divisions management, 
and form others. 

38. The affairs of each division shall be administered by Management 
a manager who may also be a I'irector "'^ sffairs. 

30. Every manager :-;hall be the holder of at least fifty Qualieeation 
shares, and his shares to that extent shall be held by the °^ managM. 
Corporation as security for his good conduct as manager, 
and shnll not be transferable while he remains in office. 

40. The duties and powers of the managers shall be such Manager's 
as may be prescribed from time to time by the Board of ''"*'®* *"•* 

__•',' •' powers. 

Management. 

4 1 . The manager may, with the permission of the Board Manager's 
of Management, require the assistance of and be represented dfpu'y- 
by a deputy ; but he shall be responsible for all his acts and 

the 



1 



it 



I 



I 



144 Chap. 5!t, Cridit Fourier, Dominion of Canada. 44 VuT. 

the coiisequencos tht^r«of : all powers delegated l)y him shall 
be special and temporary. 

ffflifloyeM" "' '**■ '^''^'' '"^''"'V^^'T i"iiy sivspeiid any employee in his office, 
but he shall refer the matter to the Board of Management, 
and he shall temporarily replace any employee who may 
be suspended ; in case of the death, al)sence or inability to 
act of any of the employees, he shall providi' a temporary 
substitute. 



Detailed 
annual state- 
meat. 



Power to 
manager to 
be executed 
by board. 



Deposit of 
-duplicate and 
nolicethereof. 



EfiFectthrreof. 



13. On the iirst dav of January of each year, the manager 
shall prepare a detailed statement oi the operations of the 
Corporation in his division during tho preceding year : 
such document shall be submitted to the Hoard of Manage- 
ment, who, after having examined it, shall lorvvard it, with 
its observations thereon, to the auditors. 

44. The President shall, after the appointment of a manager 
by the Board of Management, execute in duplicate a procura- 
tion or power of attoriu'y, countersigned by the Secretary, au- 
thorizing him to act, within the limits of his powers, for and in 
the name of the Corporation ; a duplicate of the procuration 
shall be deposited in the oflice of the Secretary of State of Ca- 
nada, and tho latter shall give notice, in the Canada Oazette, 
of such appointment and of the deposit of the procuration. 
All registrars shall be bound, after such notice, to receive all 
deeds passed by such manager within the limits of his 
powers, and belore the publit ation in the Canada Gazette of 
a revocation of the procuration, as sufficient without requiring 
any proof of his power to act. 



TITLE SIXTH. 



GENERAL MEETINGS. 



General 
meetiDK and 
how com- 
posed. 



Lists of 
shareholders. 



To be open. 



Proxies. 



45. The general nieeting regularly constituted shall repre- 
sent the whole body of the shareholders ; but in order to be 
entitled to take part in the proceedings of the general meet- 
ijig, the shareholders must have held the shares they vote 
upon, at least thirty days before the day appointed for the 
meeting. A list of .shareholders, having a right to take part 
in the general meeting, shall be prepared by the Board of 
Management, and shall show opposite the name of each 
shareholder the number of shares which he holds. Such 
list shall be open to the examination of such shareholders as 
wish to examine it for at least ten days before the day fixed 
for the meeting, at the office of the Corporation in Montreal. 



46 



No one may be represented except by a proxy who is 



a member of the meeting 



47. 



'-T 



1831. Credit Fourier, Dominion of Canada. Chap. 59. 

47. The g»>nonil jnootiiij? shnll be hold bolbre th« thirtieth 
of April in each year, at Moiitroul, until Nomt' other place 
has \)(Hin lixcd by by-law. 

'I.S. Special ineetiiii>-s shall, moreover, be held whenever 
ihe Hoard of Muna«,^ement deems it ni'cessary, or the auditors 
ununimou.sly retpiire the name. 

49. The meetings sliall be called at such place and by 
such notice as may be di'tt>rniined by bv-law, and voting may 
bo by ballot. 

50. The meeting- shall be regularly constituted when one- 
fourth of the shares forming the capital stock is represented 
thereat . 



1-15 



Time and 
pLiee of 
K^neral 
iiicctiag. 

Special 
meetings. 



Callinftof 
meetings aiil 
notice to bi; 
K'Ten. 

Whenmeet- 
\ng \3 coa- 
stitiited. 



•T>l. If the condition provided for in the next pvecediu" ^•""""'^ "•^et- 
section is not fulHUed, the Board of Management shall, a Is^uoVuorum 
second time, call a general meeting within an interval of at 
least one month ; and in such case the delay between the 
calling of th.' meeting and the day on which it shall be held, 
may be reduced to fifteen days. All the proceedino's of Procoedinns 
members present at the second meeting shall be valid, what- *° ''* ""''*' 
ever may be the number of the shares which they represent, 
but only with respect to the subjects mentioned on the 
orders of th(^ day drawn up / r the first proposed meeting. 

52. The officers of the meeting shall be the chairman, two osccrsof 
scrutineers and n se( retary ; the President of the Board of ""* '»e«'i"«- 
Management shall be, ex-officio, the chairman of the meeting ; 
m his default, the meeting shall be presided over by the 
Vice-President, or, in the absence of both, by a Director 
designated l)y the Board ; the duties of scrutineer shall be 
performed by two shareholders elected at the meetiuf 

58. The report of the Board of Management on the Proeeedingi 
position of the affairs of the Corporation, shall f)e read to ?,' ""^ "««'- 
the meeting, as also, if required, the observations of the '"*" 
auditors ; the meeting shall approve or reject the annual 
accounts and shall appoint the Directors and auditors, 
whenever it is necessary to replace them ; it shall 
take into consideration, when the proposition is 
submitted to it, the advisability of increasing the increase of 
capital of the Corporation, and also the rules and regula- '^*p'"'1' Ac- 
tions for the government of the Corporation, and for" the 
administration and management of its affairs, and also the 
amendments or additions to be made to them- finally ah matters 
it^shall definitely decide upon all things touching the cy^oSa'* 
interesta of the Corporation and, by its resolutions, conter 
upon th(^ Board of Management the necessary powers for 
such cases as have not been provided for. 

VOL 11—10 51 



146 



Chap. 59. CrMit Fonder, Dominion of Canada. 44 YlCT. 



Minutes to be 54. The proceedings shall be recorded by minutes en- 
liept- tered in a special register, and signed by the officers of the 

meeting. 

Copies to be 55. The proof of the proceedings of the general meeting 
evidence. gy^^ij^ ^g fj^j, .^^ j.jjjj.(i parties are concerned, be derived from 

true copies or extract.s, certified as such by the President or 

Vice President. 



TITLE SEVENTH, 



OF LOANS AND OTHER TRANSACriONS. 



Nature of 
loans to be 
made on- 
annuity. 

Repayable. 



Security to 
be taken for 
loans. 



Loans may 
not be made 
on certain 
property 
specified. 



56. The Corporation may effect hypothecary or mortgage 
loans of two kinds : the first shall be repayable by 
annuities calculated so as to extinguish the debt in a space of 
ten years at the least and fifty years at the most ; the second 
shall be repayable within a period of not more than tea 
years. t 

57. The Corporation shall lend to proprietors of 
immovables only on first hypothec or mortgage,— constituted 
seigniorial rents and equivalent ground rents being 
alone excepted: loans by which debts already regis- 
tered are to be repaid, shall be considered as made on 
first hypothec or mortgage, when by the fact of such 
payment or subrogation made in favour of the Corpora- 
tion, the hypothec so created shall be the first chivrge on the 
property ; in such cases the Corporation shall >eep in its 
possession sufficient funds to meet such payment. 

58. Loans may not be effected by the Corporation on the 
following, — 

1. Theatres ; 



Not on mere 
usufruct. 



Proriso. 



2. Mines and quarries ; 

3. Undivided immovables or real estate, if the hypothec 
or mortgage be not established on the whole of such immo- 
vables or real estate, with the consent of all the co-proprietors ; 

4. Immovables of which the usufruct and the mere owner- 
ship are not vested in the same person, unless all those 
having any right in the property consent to the creation of 
the hypothecr This provision relates to the management 
only and shall not affect the validity of the hypothec : 
Provided always, that nothing herein contained shall pre- 
vent loans being offiacted by the Corporation on the security 
of leasehold property. 



1881. Ci-edil Fancier, Dominion of Caiuuin. Chap. 69. 147 

5». The amount of the loan shall not exceed one-half of Amount of 
the estimated value of the immovable hypothecated if the '«*"• 
same be arm or unimproved property, or two-thirds of the 
estimated value in th.' case of property situated in cities or 
towns. 

1 **]?■ J^i ?^^ ""•*' intf'^'^t to be charged on all sums loaned, Rate of 
snail be determined by the ]5oard ol Management and shall ^"'""t- 
not exceed six per centum per annum, except in the Pro- 
vinces and Territories west of the Province of Ontario, where 
interest at the rate of seven per centum per annum may 
be charged. ' 

.fi^ni J^ ^;"i"ity as well of long as of short date loans whatannuity 
stipulated m the contract of loan, shall include— ''"'i! include. 

1. Interest ; 

2 The sinking fund, determined by the rate of interest 
and the duration of the loan ; and may also include— 

3 An annual allowance for cost of management, which sinking fund 
shall not exceed one per cent, per annum of the principal 

oaned ; but the interest charged together with the charo-e 
lor management shall not exceed six per cent, to the bor- 
rower m all, except in the Provinces and Territories west of 
the I rovmce of Ontario, where it shall not exceed seven per 
cent, per annum in all. 

62. Annuities shall be payable half-yearly at the wv 
dates fixed by the Board of Management ; but whJn the first -fcU 
instalment iS due the borrower shall only pay interest •** J'^^**''*- 
for such part of six months as have elapsed from 
the time of the effecting of the loan until the payment of 
such first instalment. 

03. Every half-yearly instalment of an annuity, if not interest on 
paid wfien due, shall, of right and without any putting in °^?'.'^"« •*"■ 
default being necessary, bear interest for the benefit of the °"'""' 
corporation at the same rate as the loan itself 

64. Whenever any principal money or interest secured by \o interest 
mortgage of real estate is, l>y the same, made payable on the r''<=o^"able 

Tnll'^f . ^'-^'"l °' ''' ""^P?^^^^ ^"^^^'^- ^'^^'"'^ the pay- 'clsltZ.^ 
ments of piiiu ipal money and interest are blended, or on '^^^ "Jortgage 

any plan which involves an allowance of interest on stipu- cmain state- 

iated repayments, no interest whatever shall be charo-eable me"ta8to 

payable or recoverable, on any part of the principal money ''"-'^'" 

advanced, unless the mortgage contains a statement showing 

the amount of such principal money and the rate of interest 

chargeable thereon, calculated yearly or half-yearly, not in 



.1- 



aud interest. 



VOL II— lOJ 



eft. 



148 Chap. 59. Credit Fonder, Dominion of Canada. 44 YiCT. 

No rate ^^ Whenever the rate of interest shewn in the statement 

recoTerahie referred to in the next preceding section is less than the rate 
Sn'^in^sulh of interest which would be chargeable by virtue of any other 
statement. provision, caiculation or stipulation in the mortgage, no 
greater rate of interest shall be chargeable, payable or re- 
coverable on the principal money advanced than the rate 
shewn in the said statement. 



Jttrtidipated 
payments. 



i 



C6. Debtors shall be entitled to discharge their debts 
before they become due, whether in whole or in part only : 
anticipated payments shall give rise to an indemnity in 
favour of the Corporation, which shall not exceed three months 
interest upon the capital repaid before coming due at the 
rate agreed upon for the loan. 

67. Properties liable in whole or in part to destruction by 
iire shall be insured against fire, at the expense of the bor- 
rower; the contract of loan shall contain a transfer of the 
amount of the policy incase of loss, and the insurance shall be 
kept up during the entire continuance of the loan. The 
Corporation may require that the policy of insurance be made 
out in its name and that the amount of the annual premiums 
be paid by it ; in such case the amount of annuity shall be 
increased to that extent. Anticipated payments arising 
from fires shall not carry with them any right to the indem- 
nity authorized by the latter part of section sixty-sir. 

68. The Corporation shall not loan an amount less than 
two hundred and fifty dollars, currency of Canada. 

69. Loans shall be effected and be repayable in currency 
of Canada. 

70. The rules laid down in this title shall apply to loans 
made upon the security of hypothecary or mortgage or 
privileged claims ; and those which relate to the rank of the 
hypoth° c or mortgage and to the nature and value of the 
immovables or real estate offered as security, shall also apply 
in cases of acquisition by means of subrogation or transfer of 
such claims. 

Applications 71. The proceedings upon applications for loans shall be 
for loanB. regulated by the Board of Management. 

TITLE EIGHTH. 



Certain 
property to 
1)6 insured. 



Policies. 



iProviso. 



No loan 
below $250. 



Loans in 

Canadian 

eurrency. 

Application 
-cf roregoinK 
provisious. 



BONDS. 

Section I — General Provisions. 

"What obiijja- 7«. The Corporation may create and issue bonds or deben- 
tionsBiay be ^^.gg ^f ^^.q kiuds : the first shall be created to represent 



1881. Credit Fonder, Dominion of Canada. Chap. 69. J49'' 

the operations of the Corporation,with the exception of loans 
to Governments,to municipal or school corporations, fabriques, 
and church trustees, and public securities, and bonds or de- 
bentures of municipal and school corporations belonging to 
the Corporation ; they shall be known as " real estate bonds 
or debentures : " the second shall be created to represent 
loans to Governments, miinicipal and school corporations, 
fabriques, and church trustees, and public securities, and 
bonds or debentures of municipal and school corporations 
belonging to the Corporation ; they shall be known as 
'■ special bonds or debentures." 

73. The Corporation may issue bonds or debentiares of the Descriptions 
following kinds, to wit : — of obligations 

° which may be 

issued. 

1. Those redeemable at par with a fixed term for redemption, 
without prizes ; 

2. Those redeemable with premiums at a fixed term for 
redt^rn .ition, without prizes ; 

I jihose redeemable at par within a definite delay, with- 
out any period being fixed for their redemption before such 
delay, and by means of a drawing of numbers, without prizes ; 

4. Those redeemable at par with a right to participate in 
prizes, w^ithin a definite delay, without any period being 
fixed for their redemption before such delay, and by means 
of a drawing of numbers ; 

5. Those redeemable with a premium within a definite 
delay, without any period being fixed for their redemption 
before such delay, and by means of a drawing of numbers, 
without prizes ; 

6. Those redeemable at par with a premium and a right 
to participate in prizes, within a definite delay, without a 
period being fixed for their redemption before such delay, 
and by means of a drawing of numbers : 

The Board of Management shall determine the duration 
of the delay and the date of the drawings. 

7i. The drawing of the bonds or debentiues which are to Drawing to 
be -epai I shall bo etfected by lot, in the presence of the ^^ ''^ '"'- 
Auditors, or of one or more of them. 

TS. Within eight days from .such drawing the numbers .Vumbefs 
dra-Nvn shall be posted up in the office of the Corporation "^'^Y'l ^° ^^ 
at Montreal, and published as may be fixed by by-law. ^ "^' 

70. 



'i| 



! I 



li 



150 



Chap. 59. Credit Fonder, Dominion of Canada. 44 ViCT. 



Redemption. "76. The bouds or debentures designated by lot shall be 
redeemed on the day indicated in the notice published ; from 
and after such day the interest on such redeemable bonds or 
debentures shall cease to rim. 



Cancellation 
of buadd. 



When re- 
deemed by 
anticipate! 
payments. 



Transfer of 
bonda. 



Minimum 
amouui. 



"57. Bonds or debentures redeemed by such drawing of 
numbers shall be at once cancelled by means of a stamp ; 
they shall be destroyed in the presence of the President or of 
his representative, and one of the auditors, and a minute of 
such operations shall be kept of record. 

78. Bonds or debentures redeemed by the Corporation by 
anticipated payments shall at once be stamped with a special 
stamp, and they may be replaced in circulation only by 
resolution of the Board of Management ; in all cases they 
shall participate in the drawing of numbers. 

75>. Bonds or debenKires shall be payable either to order or 
to bearer : obligations payable to order shall be transferable in 
the same manner as that indicated for the transfer of shares 
to order, in accordance with the provisions of section 
thirteen ; the Corporation shall not in any case be respon- 
sible for the validity of transfers : bonds or debentures pay- 
able to bearer shall be transferable by simple delivery. 

80 No bond or debenture shall be issued for an amount 
less than one hundred dollars. 



Interest. *!• The bouds or debentures shall bear interest, — the rate 

and the date and manner of payment whereof shall be deter- 
mined by the Board of Management ; whatever may be the 
form of the bonds or debentures the payment of the'interest 
Ihereon to the holder thereof shall be lawful. 



May be in 
either cur- 
rency. 



Form of obli- 82. The bonds or debentures shall be represented by 
gallon. scrip taken from a register with a counterfoil ; they 

shall be signed by two Directors, and shall bear the seal of 

the Corporation. 

851. Any bond or debenture issued under the provisions 
of this Act may be issued in the denomination of dollars or 
francs and the coupons attached representing interest upon 
such bond may correspond to the denomination of the bond 
to which they are attached. 

What it shall 84. The interest upon bonds or debentures, the premiums 
contain. yj. prizes, and the sinking fund shall be set forth upon the 
scrip. 

Section II — Real Edate Bonds. 

Real estate 85. The total amount of the real estate and special bonds 
obilgatioiis. to ^^ issued shall not exceed five times the amount of the 
paid up and unimpaired capital of the corporation. 

86. 



1881. 



Credit Fonder, Dominion of Canada. Chap. 50 



151 



86. The real estate bonds shall be secured by the How secured, 
assets of the Corporation, with the exception of claims spe- 
cially-set apart to secure the redemption of special bonds. 

87. Holders of real estate bonds shall have no Recourse of 
■other recourse, for the recovery of the principal and interest ''oiders, 
due thereon, than that which "they may exorcise against the 
Corporation directly. 

Section III — Special Bonds. 

88. The special bonds shall be secured by the assets of How secured. 
the Corporation, with the exception of such assets as are set 

apart to secure the redemption of real estate bonds. 

TITLE NINTH. 

ACQUISITION OF REAL ESTATE. 

S». The Corporation may acquire and possess such real Pcwers as to 
estate as may be necessary for its offices for the administra- "*' ®'**^^- 
tion of its affairs, in the Dominion of Canada, but the value 
of such real estate, acquired in each division for such pur- 
pose, shall not exceed, at the time of such acquisition, the 
sum of one hundred thousand dollars, Canadian currency; 
and it may, from time to time, lease, mortgage, hypothecate, 
sell or otherwise dispose of or deal with such real estate ; 
and it may also, for the protection of its investments, pur- 
chase and hold real estate mortgaged or hypothecated in it-i 
favoiir : but it shall sell or otherwise dispose of such real Must be dia- 
€state so acquired in payment or for the protection of its ^l^hfa"! oer- 
claims within seven years from the acquisition thereof ; and uin time, 
may, in the meantime, deal with and manage, and may, from 
time to time, mortgage, hypothecate or lease the real estate 
so acquired and held. 

TITLE TENTH. 



INVENTORIES AND ANNUAL STATEMENTS OF ACC0UNTS. 

00. The Corporation's financial year shall commence on Financial 
the first of January and end on the thirty-first of December ; year. 
the first term shall include, in addition" to the year current 
when the Corporation commences its operations, the whole 

of the following year also. 

01. At the end of the financial year, a detailed general Detailed 
etatement of the assets and liabilities shall be prepared ^';°"t*' *'**^" 
under the supervision of the Board of Management, and 
further, a summary statement of the assets and liabilities 

shall also be prepared every bix mouths ; the accounts shall 
be prepared by the Board of Management, and shall be 

submitted 



■ttiiliiill 



162 Chap. 59. Credit Fancier, Doviinion of Canada. 44 ViCT. 

submitted to the general meeting of the shareholders whioh 
shall approve or reject the same. 

TITLE ELEVENTH. 

DIVISION OF PKOFITS, RESERVE FUND AND PROVIDENT FUND. 



flow dietri- 
buled. 



03. P'rom the annual net profits of the company a divi- 
dend of ten per cent, upon the paid up stock may be distri- 
buted to the stockholders, provided the net profits are 
sufficient to pay such dividend ; and of the remainder of such 
Reserve fund, net profits one tenth shall be applied to the foundation of a 
reserve fund until such fund amounts to one tenth of the 
paid up capital. 



divided amonsr the stock- 



Distribution 03. The remainder shall be 

of remainder, holders and founders, in the proportion otThreefo"urth7ro 
the former and one fourth to the latter. 



Reserve funa 
limited. 



Its object. 



04. When the reserve fund amounts to one-tenth of the 
capital stock paid up, the percentage of which it is formed 
shall cease to be set aside ; if such reserve is encroached 
upon, such percentage shall again ..e set asid( The reserve 
fund is intended to provide ibr unforeseen circumstances. 

TITLE TWELFTH. 



I ! 



Notice cf 
meetings for 
eertain pur- 
poses. 

Two-third 
vote requisite. 



RULES OR REGULATIONS. 

05. When the general meeting shall be called upon to 
vote on the adoption or amendment of any rules or regula- 
tions, the notices calling such meeting shall contain a 
summary mention thereof; the proceedings at such meeting 
shall not be valid unless carried by two-thirds of the votes, 
representing at least one-third of the registered shares. 



StoSs" 1 ^^' P? ^"^^^ °^' I'egulations must not be contrary to the 
laws ot the Dominion of Canada, nor to the provisions of 
this Act. 



3 



TITLE THIRTEENTH. 

DISSOLUTION AND LIQUIDATION OF THE CORPORATION. 

Dissolution of 97. The Corporation shall be dissolved at the expiration 

m corpora- of the time fixed by section four, unless by resolution of the 

general meeting, voting in the manner prescribed in the 

latter part of section ninety-fi , ?, its continuance be 

authorized. 



OS. The qiiestion of the continuance of the Corporation 
lall be submitted at the latest, in tbo rronprol vneetiu"" of the 

shareholders 



Sfsb^au be ^^"f-'A'^e question of the continuance of the Corporation 
submitted. S"*^^ ^^e submitted at the latest, to the general meeting of the 

ft n Q ro V»/\l /I rt vet 



1881. Credit Fonder, Dominion of Canada. Chap. 59. 

fihareholders held during the course of the year preceding 
that in which it would otherwise cease to exist. 



15a 



0». Tut he event of the Corporation having lost, in addition Dissolution 
to its reserve fund, one-third of its paid up capital stock, the 1^*1;',^' '* 
dissolution and liquidation of the Corporation shall be pro- 
ceeded with, unless the shareholders consent to pay up the 
lost capital. 

lOO. When the dissolution and liquidation of the Corpo- Method of 
ration shall have been decided upon, the general meeting liquidatiott. 
of the shareholde) s shall determine the method of liquida- 
tion to be followed ; it shall also appoint liquidators: if the 
general meeting doe:: not come to any decision on this point, 
the dissolution and liquidation shall be proceeded with 
under the laws in force in the Dominion of Canada. 



TITLE FOURTEENTH. 



ORGAMZATIOX AND FINAL COXSTITUTION OF THE 

CORPOKATION. 

lOJ. T;.e persons mentioned in the preamble may open Proceedings 
Eubscription books for the first issue of shares in the capital f?'' crganiza- 
stock, at such place and for such time as they mav deem *'°"' 
advisable ; after the closing of the books they shall allot 
the ten thousand shares, forming the first issue, in such 
manner as they may deem proper. Notice shall be given to 
each subscriber of his allotment, by a letter addressed to xotice 
his place of residence, and sent by post ; and within five 
days from the date at which such letter was sent to his 
address, each subscriber shall pay into the hands of the 
person or banking institution designated for that purpose 
ten per cent, upon the amount of the shares allotted to him, 
and subscribers who shall so pay ten percent, shall become 
shareholders As soon as the first issixe of shares shall have First meeting 
been subscribed for, and ten per cent, upon the amount issued ^9'' election oT 
shall have been paid up, the person specially selected for '^""'°"- 
such purpose among those mentioned in the preamble, shall 
call a general meeting of the shareholders, by public notice 
published at least ten days before the date of such meeting ; 
and at such meeting the persons mentioned in the preamble 
and those authorized to represent the companies therein men- 
tioned shall elect the first Directors ; and the meeting itself 
shall elect the auditors, and thereupon the Corporation shall 
be duly organized, and may commence its operations. 

102. NoHces of meetings of shareholder?, and all other Publicatioa. 
notices required to be published, shall be pul)lished in the of notices. 
Canada Gazttle. 

103. 



contain. 



154 Chaps. 59,60. Credit Fonder, Dam •'num of Cinada, ,\c. 44 Vict. 

wentW" '*^*- ^^^ Corporation shall transmit, on or before the first 
transmitted ^^^7 of March ill each year, to the Minister of Finance, a 
^1^'|[|j'j|'«'^'j'' statement in duplicate to the thirty-first day of December 
wha*tTmu"t i'lclusive of the previous year, verified bv the oath of the 
President, the Vice-President, or the Managino- Director, 
setting forth the capital stock of the Corporation and the 
proportion thereof paid up, the number of shares to order 
and the number to bearer, the assets and liabilities of the 
Corporation, the amount and nature of the investments and 
the average rate of interest derived therefrom, the extent 
and value of the real estate held, the amount and nature of 
the obligations or bonds or debentures issued and the rate 
of interest payable thereon, and Lach other details as to the 
nature and extent of its business as may be req aired by the 
Minister of Finance, and in such form and vv'ith such details 
as he may, from time to time, require and prescribe ; but the 
Corporation shall in no case be bound to disclose the names 
or private utlairs of any persons who mav have dealings 
with it. 



CHAP. 60. 



Preamble. 



Recital. 

In corpora, 
tion in U.S. 



Application 
for "powers 
in Canada. 



An Act rospectiiig the Canada Consolidated Gold Mining 

Company. 

[Assented to list March, 1881.] 

WHEREAS the Canada Consolidated G-old Mining Com- 
pany have, by their petition, represented that they 
are a corporation incor'^orated under the general laws of the 
State of New York, o.,»> of the United States of America, 
and that they ^ ave agn-^'d for the purchase of certain gold 
mines in the County of Hastings and Province of Ontario, 
and propose proceeding at once to mining and treating 
the ores to be taken from the said mines ; and whereas they 
desire to have their organization and corporate powers re- 
cognized and confirmed by the Parliament of Canada, and 
also power to sell and treat the said ores in such part or 
parts of Canada or elsewhere as they deem proper, and to hold 
such real and personal property a.s may be requisite for the 
purposes of the undertaking, and have prayed for the passing 
of an Act for the purposes aforesaid ; and whereas it is expe- 
dient to grant the prayer of the said petition : Therefore 
Her Majesty, by and with the advice and consent of the 
Senate and House of Commons of Canada, enacts as fol- 
lows : — 



Corporate J. The Said The Canada Consolidated Gold Mining Com- 

TrreTonTiie P^^^ ^^ hereby invested with and shall be entitled to all the 



powers. 



AV^ff *r'^ 



1881. Canada Consa/idoled Gold Mining Co., Sfc. Chaps. 60. Gl. 155 

powers, privilee-es and riu-hts, as a corporation, necessary for company ia 
the purpose of acquirin<«-, l)v purchase or lease, or both, ^'""da. 
mines and minerals and workinii- tlie same, and also in like 
manner to acquire and hold all other real and personal pro- 
perty required lor the convenient and proper carrying on of 
their business, and when any such is not further required, 
to sell and dispose thereof; and shall be capable of con- 
tracting and being contracted wHh and of suing and being 
sued, pleading and being impleaded in any court of law or 
equity in Canada in their corporate name aforesaid ; and 
they and their successors shall and may have a common 
seal, and may change the same at their will and pleasure, 
and they, as such coriwration, shall have all the powers and 
privileges necessary for the proper management of their 
property and business, and incident to such a corporation. 

«. The said Company shall haA'e full power to sell the Buainegs of 
products ol their mines in anv part of Canada or elsewhere, the company 
and to establish treating works in anv Province of the Do- "* ^*''*'^»- 
minion or elsewhere, as in the interest of the Company may 
be found expedient. 

*V ^^^'^^*^ ^^ '"ly proctss or legal document upon the serWce of 
chiel officer or manager of the Companv in Canada at any process oa 
olfice where it may carry on business in Canada, or upon comply- 
the person then in charge thereof, shall be good service and 
shall bind the Company. 



CHA1\ 6i. 

An Act to incorporate The Dominion Salva-e and 
Wrecking Company. 

[Absented to 21st March. 1881.] 

WHEREAS a large number of vessels with valuable car- Preamble 
M goes are yearly wrecked and stranded within the 
limits of the waters of the Dominion of Canada, and no 
sutticient means exist for assistinsj such vessels stranded or 
\vrecked, or ves.sels in distress in the waters adjacent to the 
coasts of the Dominion of Canada ; and whereas James G.Ross, 
John Merritt, Alfred Masson, Thos Workman, John Harvey, 
Honorable Ihomas McOreevy, Sylvester Neelon, Robert 
Henry, S^ E. Gregory, John Donnelly, J. H. G. Haffgarty, 
Ihomas Robertson. Hezeki;ih Herriman, Frederick WrHeii- 
shaw, AVilliam McDonald, and Alfred Brown, have by their 
^\' !m?^ prayed for an Act of incorporation, under the name 
ot • Ihe Dominion Salvage and Wrecking Company, " and 

whereas 



: ■ -It! 



IM 

m 



Certain prr- 
eooH incor- 
poraled. 



Corporate 
aame: head 
ofEce and 
branches. 



BiiEin(>i39 of 
the company. 



156 Chap. 61. Dominion Sa/ruffe and Wrecldng Co. U ViCT. 

whereas it is expedient to grant the i)raver of the said 
petition : TliereJore Her Majesty, l)y and With the advice 
and consent ol the Senate and House ol" Commons ol Canada 
enacts as lollows : — 

I. Tlie said James G. Koss, John Mcnilt, Hezekiah Herri- 
man, >n>denck W. Hensliaw, Allred IJrown, Alfred Masson. 
Thomas W orkman, John Harvey, William McDonald, llonoi- 
ithle Ihomas McGreevy, Sylvester Neelon, Kobert Henrv 
fe^ L. Gregory, John Donnelly, Thomas Robertson, .;. H ('>' 
Hajj-garty, and such orher j.ersons as they shall associate 
with themselves, shall be and aiv hereby constituted a 
corporation and body politic, by the name and style of 
•'The Dominion Salvage iind Wrecking Companv." 
(hereinaiter called the Company), the head odice whereof 
shall be in the City of Montreal, with power to open 
branches in any other city or place within the Dominion 
ot Canada, wherever deemed necessary by the Company. 

a. The Company shall have power and authority to build, 
purchase, charter, hire and own a vessel or vessels to be 
propelled by sails, steam or other motive power, to be 
employed in towing vessels ; also, in aiding, protecting and 
savmg vessels and their cargoes, and in transporting freioht 
and passengers upon the high seas, and throughout the 
various arms of the sea, and the inland waters, lakes and 
rivers of Canada, with power to take charge and control ot 
abandoned vessels or the cargoes thereof ; also, to acquire 
and hold such lands, appliances, machinery and apparatus 
as may be necessary for the business of the Company ; also, 
to fix and determine upon rates of compensation by parol 
agreements or by instruments in writing, either with or 
without seal ; and to take and receive all compensations for 
freight, towages and salvages w^hich are customary and 
usual, and which by law and usage enure to private persons 
m towing and saving and taking care of wrecks and wrecked 
and damaged property ; and the Company shall be entitled 
to, and shall have the usual liens on such property, with 
the right to hold and pursue the same in the like manner and 
with the like efflict as such rights and remedies are and 
may be held and enforced by private persons 

f "J'shares."' , '^ J,^* ''^^'^'''^ «^«^k ol' the Company shall be three hun- 
dred thousand dollars, and shall be divided into three thou- 
sand shares of one hundred dollars each ; Avhich shares shall 
be and are hereby vested in the several persons who shall 
subscribe for the same : Provided always, that it shall and 
may be lavviul for the Company, from time to time, to in- 
crease Its capital stock to a sum not exceeding one million 
dollars, as a majority of the shareholders, at a special general 
meeting to be expressly convened for that purpose, shall 
agree upon. 



May hold 
lands, kc, 
for Buch 
businesH. 

Gompensa- 
tion for 
86 rT ices. 



Liens for 
the same. 



Provision 
for increase. 



rM'0^ 



18S1. 



Dominion Snlrnu-e ami IFrechinf:: Co. Chap. 01, 



15t 



I 



4. I'or tho ])urposp of oruanizinir the (V)mj)anv, JaineH (r. Proriiionni 
Ivoss, John Menitt, Hezekiah Ili'irimaii, I"iv(h>ii"ck \V. llt»n- '''f'f'""- 
fchaw, Alfred lirovvn, Alfred MaNsou, Thomas Workman. 

John Harvey, Honorable Thomas McOreevy, Sylvester 
Neelon, S. E. CJregory, John Donnelly, Tli.nnas Robertson, 
J. H. G. Haggiirty and Kobert Henry shall be provisional 
Directors thereof; and they, or a majority of them, may Stock booki 
oanse a stock book or books to be opened, upon which stock ""7 *'? 
book or books .shall be recorded the subscription of such i)er- '^'''''" 
sons as desire to become shareholders in the Company ; and 
such book or books shall be opened in the City of Montreal, 
and elsewhere, at the discr +ion of the said provisional 
Directors, and shall remain en so long- as they deem neces- 
sary, 

5. "When and so soon as one Imndred thousand dollars of First mcetinn 
the said capital stock shall have been sub.scribed as afore- {Jofd*""®} 
said, and thirty pe..' cent, thereon shall have ))een paid in to e'leci^on of 
some chartered bank to the credit of the Company, such directors. 
^subscription and payment being made within six months 

auer the passing of this Act, the said provisional Directors 
may call a general meeting of shareholders, at some place to 
be named in the City of ^Montreal, giving at least fifteen Notice, 
days' continuous notice thereof in two daily newspf ners 
published in the said city, at which general meeting the 
shareholders present in person, or represented by proxy, shall 
t-lect seyen Directors in the manner and qualihed as 
hereinafter provided who shall constitute a Board ot 
Directors and shall hold office as hereinafter pro- 
vided: Provided always, that no per.son shall be eligible to Qiialificat^oa 
be or continue a Director unless he shall hold in his own "f directors, 
name, and for his own use, at least ten shares of the capital 
stock of the Company, and shall haye paid all calls thereon 
and all liabilities incurred by him to the Company: and the 
shareholders shall have power to increase the number of Number of 
Directors at any general meeting to any number not exceed- directors. 
ing nine, or to reduce them to any number not less than 
five. 

«. The Company shall have power to purchase, acquire Powers as to 
and hold such real estate, warehouses and wharves, either '•=*' estate, 
by lease or otherwise, as it may require for the purposes of 
its business, wuthin the Dominion of Canada or elsewhere, 
and to sell and dispose of the same and acquire other pro- 
perty in its place, as may be deemed expedient, and to take, 
hold and acquire all such lauds and tenements, real and im- 
movable estate, as shall have been bond fide mortgaged 
to it by w^ay of security, or conveyed to it in satisfaction of 
debts previously contracted in the conrf5e of it.s dcalin"--, or 
otherwise obtained ; and the Company may invest its i°unds, inyestment 
or any part thereof, in the public securities of the Dominion of funds, 
of Canada, or any of the Provinces thereof, or in the stocks 

of 



!l 



Hi 



158 



32,38 V e. 
12 toappi/. 



Liability of 



Chaps. 61,62. Dominion Sn/rageS,' Wrenkinff Co., ,^^.4* VlCT. 

ol" any hank or building or loan society, ur in tho l,onds or 
(le benturofl of any incorporated city, town or municipality 
authorized to issui* })()ndH or debentures, or in uiortiraoes oii 
real estate. " " 

7. The iirovi.sions o^ the •• Camida .luinl Slovk Coninnniea 
( tnuses Act imr «hal] apply to the Comi.any so iar as thev 
are applicable to the undertaking, except in so Iar as the v 
may be inconsistent with tiiis Act: 

"harTh'oTdef, f", Th>' shareholders and Directors ol' the Coinpauy shall 
limiitd. ""\ '»*' "'•'" responsible ibr any claim beyond the amount of 

heir respective shares, notwithstanding the provisions con- 

tamed in section thirty-nine of the said " Cnnm/u Joint Slorfc 

CoD'ponies Clauses Art, 18(19." 



CHAP. 62 

An Act to incorporate The Wrecking and .Salvaue 
Company of Canada. 

[Assented to 21s/. j\Jarck, 1881.] 

WHEREAS the persons whose names are hereinafter 
mentioned have, by their petition, prayed that they 
may be incorporated for the imrpose of establishiuij' a Com- 
pany to carry on the business of towage, and of assisting and 



PreacQble. 



Certain per- 
BODS incor- 
porated. 



Corporate 
came and 
general 
powers. 



saving vessels wrecked or in distress, or the ireight or 
cargoes thereof, upon the high seas and throuijhout the 
various arms of the sea, and the inland waters, lakes and 
rivers of Canada, and have represented that such Company 
would be a public benefit ; and whereas it is expedient to 
grant the prayer of the said petition : Therefore H*>r Majesty, 
by and with the advice and consent of the Senate and House 
of Commons of Canada, enacts as follows : — 

1. Andrew Allan, George A. Drummond, Gilbeit Scott, 
John Torrance, .Tohn Hope, John (t. Sidey, AVilliam M. 
Ramsay, William R. Oswald, D. Lome McDougall, David 
Law, Robert Reibrd, Thomas Workman, Edward Murphy, 
Honorable John Hamilton, John Cassie Hatton, Charles H. 
Gould, James K. Oswald, Charles Stinson, of Montreal; 
William R. Scarth, ]Ionorable Alexander Morris, John Ginty, 
Henry J. Scott and Alfred Boultbee, M.R., of Toronto, and 
such other persons as may become shareholders in the 
Company to be by this Act created, shall be and thev are 
hereby created, constituted and delared to be a corporation, 
body politic and corporate under the name of " The Wreck- 
ing and .Salvage Company of Canada,'" (hereinafter called the 
Company), having the head office of the Company at the 
City of Montival, wiih power to open branches at Quebec, 
Gasp^, Halifax, St. John, New Brunswick, Sydney, Pictou 
and Toronto, and other places in the Dominion of Canada, 

and 



I 

r 



Ruainesf of 
tlie compRiij 
an t powers 
in respect 
tlicreof. 



CompenEa- 
tion for ser* 
vice», and 
liens therefor. 



1881. Wi-erkiiiii awl Sahufre Co. of Canada. Chap. 62. 150 

and shall havt; poipctuul succi'SKion and a corporals seal, 
with povviT to alter and chaiici' tln' Rinif at ploa.su ro ; 
and may, by such nauu-. mic and ho sued, implead and be im- 
pleaded, in all courts ol'law and equity. 

a. The Company .shall have power and authority to build 
purchase, charter, hire and own a vessel or vessels, h. i)e pro- 
pelled by sails, steam or other motive power, to he employed 
in towing vessels ; also, in aiding, protecting and saving 
vessels aiul their cargoes, and in tnmsporting frtMght and 
passengers upon the high sea.s, and throughout the various 
arms ol the sea, and the ir'ar-d waters, lakes and rivers of 
Canada, with power to f.i^e ch '.;ge and control ol" abandoned 
vessels or the cargoes th.-veof; ;dso, to acquire and hold 
such lands, a))pliances, mohiner and apparatus as maybe 
necessary for the.busines.- oi the \)mpany ; also, to fix and 
determine upon rates of cc • j-nsation by parol agreements or 
by instruments in writing, either with or without seal ; and 
to take and receive all compensations for freight, towa"-es and 
salvages which arc eustomary and usual, and which 1>y law 
and usage enure to private persons in towing and saving and 
taking care of wrecks and wrecked and damaged property • 
and the Company shall be entitled to, and shall have the 
usual hens on such property, with thd right to hold and 
pursue the same in th.' like manner and with the like 
eHect as such rights and remedies are and may be held and 
enforced by private persons. 

». The capital stock of the Company shall be three hun- Capital stock 
Ured thousand dollars, and shall be divided into three thou- *"•* "''*''"• 
sand shares of one hundred dollars each ; which shares ehall 
be and are hereby vested in the several persons who shall 
subscribe for the same : Provided always, that it shall and Provision 
may be lawtul lor the Company, frein time to time to in- ''"^ '""eaw. 
crease its capital stock to a sum not exceeding one million 
dollars, as a majority of the shareholders, at a special general 
meeting to be expressly convened for that purpose, shall 
agree upon. 

Alt/n *^*'^A'^Tf*''*^''''=r''"'= ^'''^ Company, Andrew ProrisionaJ 
Allan, George A Drummond, Gilbert Scott, .ToLn Torranre directors 
John (r bidev AVilliam 11. Oswald, D. Lome McDougall! 
Honorable John Hamilton, John Cassie Hatton, Charles h! 
Gould^illiam ]{. Scarth, Honorable Alexander Morris, 
John Hope and James K. Oswald, shall be provisional 
Directors thereof; and they, or a majority of them, may 
cause a stock book or books to be opened, upon which stock Stock books 
book or books shall be recorded the subscription of such per- ""^ ^^ 
sons as desire to become shareholders in the Company ; and °^ 
such book or book,s .hall be opened in the City of Montreal, 
and elsewhere, at the discretion of the said provisional 
Directors, and shall remain open so long as they deem 
necessary. ° ^ 



o. 



160 



First meeting 
of abare- 
holdera for 
election of 
■directors, 



"Qualification 
of directors. 



Number of 
^lirectors. 



Chap. 62. Wiecking- and Salvage Co. of Canada. 44 Vict. 

ihf '.^i^*"'' ?? '? ^?«",as o»e hundred thousand dollars of 

^iV^n/fTl^^ '^^'-"^ '^"P ^^^'« been subscribed as aforel 
^aid, and thirty per cent, thereon shall have been paid in to 
some .hartored bank to the credit of the Company such 
subscription and payment being made within six monS 
after the passing of this Act,-the said provisional Director 
may call a general meeting of shareholders, at some place to 
be named in the City of Montreal, giving at least fifteen davV 

n the 3 dtv" 'Y'f- I' '"" Y' newspapers publishld 
in the said city,-at which general meeting the shareholders 

S[l'? '''■ Pfr^""' ^' represented by proxy," shall elect seven 
directors in the manner and qualified as hereinafter provided 
who shall constitute a Board of Directors, and shall hold office 

sL^rbp"l-llP?^'i^^'^^^^ Provided always, that no person 
shall be eligible to be or continue a Director unless he shall 

k "%.u^ ""^^ V^"'^' '^'^^ ^«^ ^i« own use. at lea.st ten 
shares of the capital stock of the Company, and shall have 
paid all calls thereon and all liabilities i'curred by Mm to 
the Company ; and the shareholders shall have power to in- 

n nX ' r^^^^'r ^ ^''''''''' ^^ ^""^ S^^^^'^l "^"^^ting to any 
number not exceeding nine, or to reduce them to any num- 
ber not less than five. ^ 



rC*°' ^J^i l^l!!'J'T ""^^ u' '^^^!^f '^""'^ subscribed for shall be 
nLic V ^-/Vw^ instalments, and at such times and 
places, as the said Directors shall appoint. 



Board of 
directora. 



Tacanciea 
therein, how 
filled. 



Election of 
directora, 
when and 
where to be 
held. 



Ballot. 

Majority. 

Ties. 



7. The stock, property and aflfairs of the Company shall 
be managed and conducted by the said Directors, wto shall 
hold office for one year, but who shall be eligible for re-elec- 
tion, one of whom shall be chosen President, and another 
Vice-President. If any vacancy should at any time happen 
amongst the said Directors during the term of office of any 
Director, such vacancy may be filled for the remainder of 
the term by the remaining Directors, or the majority of them 
electing in such place or places a shareholder or share- 
holders eligible for such c ifice. All elections of Directors 
shall be made and take place at the annual general meeting 
of the shareholders, to he holden at the head office of the 
Company or elsewhere in Montreal, on the second Wedjies- 
day in January in each year, or such other day as may be 
appointed by by-law,-iiot less than fifteen days' notice of 
such meetir- being given, as provided in section five; and 
t^ «aid election shall be held and made by such of the 
shai;eholder8 present in person, or represented by proxy, as 
shall have y. id all calls made by the Directors and then due ; 
and all such elections shall be by ballot, and the persons who 
shall have the greatest number of votes shall be Directors • 
and It two or moio persons have an equal number of votes 
in such nianner that » greater number of persons shall 
appear t^ be chosen as Directors than should have been 
chosen, then a second vote on the names of such persons 

shall 



w 
I 






1881. 



Wrecking and Salvage Co. of Canada. Chap. 62. 



161 



xyhen, pursuant to ,hS'Ao^ithou,d wtZ^ZT"' "!r «?'''-""" 

l.y him for not Urn than foS ee™ da\ s p riorto'Ih.''?'' """'I '"' ""'■ 

prssiding- at such meetiu" hirinJr (L .■ ' f ?nairmau 

an equality of rot™ = ° ""^ ""^''''S ™''^ '" '^^e of c„ti,g „t.. 

i..rh„'em7dt ttt':;y :&'',Lrf Tf k'° .-.^^ '"^ — 

M 1th the amount paid thereon in «„ .K ? ' =^^"*^'^ """-pvoieat 

provided by the by-lavvr- and '.' •>. W r^'"^ ^' ™^>' ^' °'<^*^'^ 
inaybesoldatpiiblicsriebvth/TV ['''^'''^f share or shares 
they may direct and Tb^m-! ^''''^'!''^ ^?er such notice as 
applied ilr the purposes of Si'cr'''p= '^VfT ^^^" ^' 

on demand to the ownei nni ,, "'^ T'''''' ^'^^" ^e paid 

than shall be deemeTm ceS rv?o'°^'' '^T' ^^^'^ ^' '^^^ 
and expenses. "'ct,ssarj to pay such arrears, interest 

p.;^stert;(!rrt.:s:ribSd^t^?^ ^"i ^^- — - 

f^old, such share shall revert nfVn ^*''*"^f^'^ «ha» have been before 8*le, 

'-en duly paid before Ibrfohire 1^''^ /' ''' f^ ^ -^^^^ -- - 
or suits Ibrthe recoverv of ., v, ' ^"'^ ,? ''^^ ^^^^i^ns owaer. 

sufficient for the Compa^.fto L 7^^.^' ?l'' '' «^^" ^e whatoni.it 
the owner of snchZr ^^s i^f } ^'J' ^^''?'^""^'^^^ 

be 



i 



1C2 Chap. 62. Wrecking and Salvage Co. of Canada. 44 ViCT. 

be necessary to prove the appointment of the Directors who 
made such calls, or any other matter whatsoever, other than 
rBwfS;. "'''Y^ '^ hereinbefore mentioned. A copy of any by-law, 
tiocs, 4c, ^J-^^^' regulation or minute, or of any entry in any book ot 
the Company certified to be a true copy or extract under the 
hand of the President or Vice-President, Managing Director 
or Secretary of the Company, and sealed with the corporate 
seal, shall be received in all courts and proceedings as priwd 
facie evidence of such by-law, rule, regulation, minute or 
entry, without further proof thereof, and without proof of 
the official character or signature of the officer signiii"- the 
same, or of the corporate seal. ° 



Quorum at 
nieetingB of 
•sirectors. 



Cbairman, 



12. At all meetings of the Directors five, or such number 
as may be, by by-law, from time to time fixed, shall constitute 
a quorum for the transaction of bu.^iness, of whom the Presi- 
dent or Vice-President shall'be one, and shall preside at such 
meetings, except in rase of ilhies.s or absence, when the 
Direcic.rs present may choose one of their number to be 
chairman of such meeting. 



Proceedings 
at annual 
mettinga. 



ypec:fil 
meetings 



1,1 



13. At the annual meeting of the shareholders, the elec- 
tion of Directors shall be held and all business transacted, 
and a general balance sheet and statement of the affairs of 
the Company, with a list o{ all the shareholders thereof, and 
all such further inlbrmation as shall be required by the by- 
laws, shall be laid before the shareholders. Special meetings 
of shareholders may be called in such manner as may be 
All meetings, provided for by the by-laws ; and at all meetings ot the 
shareholders, the President, or in his absence, the Vice-Presi- 
dent, or in the absence of both of them, a Director chosen by 
the shareholders, shall preside, and in case of an equality of 
votes, shall give the casting vote in addition to his vote "as n 
shareholder. 

Directors 14, The Directors shall havp full power and authority to 

MdsTt^e^rV- ^^^^ ^"^' ^^'^^ *^"^® *" *'"^^' *° ^^^^^' ^^^^^^ by-laws, rules, 
laws for cer- regulations and .rdinances, as shall appear to them proper 
tain purpoees. and needful, touching the well ordering of the Company, 
and the management and disposition of its stock, property, 
estate and effects, the calling of special general meetings, the 
regulation of the meetings of the Hoard of Directors, the ap- 
pointment of one of themselves as Managing Director, and of 
other officers, and of sub-boards to facilitate the details of 
business and the definition of the duties and powers of such 
Rub-boards, the making of calls upon the subscribed capital, 
the appointment and removal of officers and agents of the 
Company, the regulation of their powers and duties and the 
salaries and allowances to be paid to them, the regulation of 
the transfer of stock and the form thereof, the coiiipenBalion 
of Directors, and the establishment and regulation of 
PrcTieo. agencies : Provided, that such by-laws do not contravene 

the 



f 






1881. 



Wrecking' and Salvage Co. of Canada. Chap. 62, 



163 



ihe provisions of this Act, and are not contrary to law • 
Froyided also, that snch by-laws shall have force until the Proviso 
next general meeting of shareholders, but no longer, unless 
approved at such meeting. 

15. The Company shall have power to purchase, acquire p.wor8«9to 
ana Hold such real estate, warehouses and wharves, either by '*"' ^^'^te. 
lease or otherwise, as it may require for the purposos of its 
business, within the Dominion of Canada or elsewhere, and 
to sell and dispose of the same and acquire other property in 
Its place, as may be deemed expedient, and to take, hold and 
acquire all such lands and tenements, real and immovable 
estate, as shall have been bond fide mortgaged to it by way 
of security, or conveyed to it in satisfaction of debts previ- 
ously contracted in the course oi its dealings, or otherwise 
obtained ; and the Company may invest its funds, or any mveatment 
part tJiereot, in the public securities of the Dominion of o"^"°d9. 
Canada, or any of the Provinces thereof, or in the stocks of 
any bank or buildnig or loan society, or in the bonds or 
debentures of any incorporated city, town or municipality, 
authorized to issue bonds or debentures, or in mortgages on 

16. No transfer of any share of the Company shall be Transfers of 
\alid until entered on the books of the Company according '^'''^^ 
to such lorm as may, from time to time, be fixed by the by- 

CIL """J'^ *te ^"^^^l"^ ^^■•■^'^^ ^^^'^ i« P^id ^P. it shall Conditions. 

be necessary to obtain the consent of the Directors to such 

ndebfll r? .^'^^n' • ^'^''^?'?, ^^"^^y"' ^^-^^ ^° Sharehold./ Proviso : if 

indebted to the Company shall be permitted to make a!'""!."'! 
transfer or receive a dividend until such debt is paid or Ihetmpany 
secured to the satisfaction of the Board of Directors evidenced ' "' 

rJl^? 7il''^ i^^^^ ''°* ^^ ^^'« "^ numberthan thatof the 
S17 ? the whole number of the add Directors ; and no 

wl S '^l'^ '^^' /* ^''y *™*^ ^^ "^^<1« ""til all calls 
t Hereon have been paid in. 

n.iI'J"*^- *'''*^ll*''^^^^r''P^^*y ^"^1 "l^^^ts of the Com- Liability of 

pany being msufhcient to liquidate its debts, liabilities and f.bareboidera 
engagemen s, the shareholders shall be liable for the defici- '"''''• 
ency, but to no greater extent than ilie amount of the 

1^1" pitliTc"^ ""^"^ "^"" ^^•^"- '^'^'^'''^^ «h-- "^ 



f 



CHAP. 



164 



I 



Chap. 63. J, »7„,,^^,^ j^^^^ ^^ ^ ^, 



ompant/. 



44 Vict. 



CHAP 



An Act 



63. 



to 



'^unes and Company, Limited." 



Preamble. 

lacorpora- 
tion uoder 
Imperial Act 



Incorpora- 
tion in 
Canada. 



[Assented to 2lst Match, 1881 J 

877 " of the Imped. vX^:,rZ\t''^ ''''' ''''' «-^ 
after mentioned, have, by ther,.;,- ?1^' Purposes herein- 
Porated in Canada for he^like Lrni ' ^i'^'^ *^ ^^ in^or- 
necessary ihr carrying o^/Th J "E? ^"^ ^7^^ ^^'' ^'^'^'^^ 
?;on and it is expedient to ran? h' "^"'"^ *^« ^«mi- 
Her Majesty, bv and w th th' ad vil T^'"' '■ ^^^'^^^^^ 
Senate and House of Commons If r ''1 '^"'^"^ «^' ^^e 
iows:— v,ommons ot Canada, enacts as fol- 

and corporate, and sha ?, ^ ti^h /theT"''°"' ^"fy ^^^'^ 
have a common seal, and ha e n^ * .r ^°'"""«" ?f Canada, 
contract and be contracted wifj^ hi f""),'"" ^^\^ ^'' «"^d, 
name, with power to hold nJl ', ^ *^*'"' ^^^'^ corporate 
of their business, and tie "^^IT^lrr^'^y -^^ the purpose: 
purposes to the extent herSafSl'-^ '''^''^'^'Y for like 
powers as may be necesstySr t ITIUH ^"^^^ ^^^- 

^S^Z^' J- Th« Pl^^-Poses for which the Companv is . n- , , 
and the said powers are given, are— ^ established 

1- To purchase of John Winsln,,- t , , 

preserving corn, meat, lobsLS f Ih ^II? ')u ^''''''''' °^ 
carried on bv him at Pntfi j W • '"^^^ other produr-e 
of America 'or d/e v w'^^.^-^i-^^^^^ the Unite^d «tate'' 
factories, lands, buildin!; d1«,,?T? ''""'^'"' ^^^th the 
materials and other ettS' com i. f "''\ '^^^'^ ^^ trade, 
appropriated for the sa^d bn.^. *'l '""'^^ ""' "^^^ and 

.l^rS. ^» '^^ r ^tered agreeme'u L'SYeLlf S ^"^"'^"^^^ '" 
Wmslow Jones, Walter EafhhnnnS ^'^',' ^"^ said J. 

Pany, and .-efe™., to i„ SteLtS'^ir J1 ,'.^11^^ 

Canada and England, Europe AusS/n '* thought desirable, in 

*•--""«. desirable, to c^^J y r in dd[tfon To^""' •'"' ^^»^' ^^' ^^^^^^^ " 

the same, the busLess of produce",'' ^a-u^ ''""''^*'°-'^ ^'"^ 

curing, i^reserving o, i^reparino- poVm 'f ^"^^^^^uring, drying, 

vegetable, and Cher L.i£-„f S r';!S:;,f;„'j"i';. 

dealinsr 



Purchase of 
business of 
J' W. Jones. 



u\ 



ICT. 



1881, 



J. Winslow Junes and Compnnif. Chap. 03. 



165 



lowii a.s '' J. 
ited." 

^'■ch, 1881.] 

ired ill Eng-- 
le thousaird 
es and Com- 
'>2. 1867 ««/i 
>oses herein- 
to be incor- 
^ the po\ters 
the Domi- 
: Therefore 
sent of the 
lacts as fol- 



lall, by the 
ody politic 
f^f Canada, 
1 be sued, 
corporate 
e purposes 
T for like 
such other 



stablished 



usiness of 
produce, 
ted States 
w^ith the 
in trade, 
'^ed and 
orised in 
»e said J. 
'id Com- 
ociation ; 

a similar 
■able, hi 
thought 
on with 

drying-, 
ih, iruit, 

and of 
dealinar 



dealinj? in any such articles, (whether dried, ciiivd, pre- 
served, or prepared or not.) wholesale or retail, and Ox pro- 
ducing, manufacturing or dealing in such aiticles as are 
required for, or are usually or may be conveniently manu- 
factured or dealt in by companies or persons carrying on a 
business of a similar nature, and the business of° agents Agonoy 
for the purchasing or di'aling in articles of food or provi- ^'''"'■"^'^s- 
sions, or such other articles as aforesaid ; 

3. To improve or lay out for building purposes any of the lM,|.r„Ten,ent 
lands comprised in the agreement above mentioned, or which '"'^ '".ving 
may be acquired by or leased to th(? Company for the pur- ""' "' '"'"^'' 
poses aforesaid ; and for such purpose to construct, exe(;ute, 
and do such buildings, works and things as may be thought 
desirable for the purposes for which the Company is hereby 
incorporated : Provided that the total \ alue of the real pro- 
perty which the Company shall hold \.i Canada at any one 
time shall not exceed two hundred thousand dollars : 



PlOvi30. 



4. To purchase, take upon lease, or otherwise i>cquire (sub- Acauis tion 
ject to thb limitation in the next preceding sub-section as to of real ami 
real estate) all such lands, buildings, shr])8^or other property IZ'v^nl 
real or personal, or such estates or interests, rights or privi- 
leges in or over any lands, buildings or property, and any 
patents or like privileges, inventions or secrets or secret 
processes, or licenses to use the same, as may be considered 
necessary or expedient for the purposes of the business of 

the Company ; and to construct and maintain any buildings, 
works, ships, boats, n. hinery, plant, apparatus and things 
v.'hich may be considered necessary or expedient for the 
purposes of the business of the Company ; 

5. To sell, grant, let, exchange, surrender or otherwise Siie, ex- 
dispose of absolutely or conditionally, or for any limited c{?a»g''. 4c. 
estate or interest, all or any part of the property, rights or "" p'^P"'^" 
privileges of the Company, or any rights or privileges in or 

over such property or any licenses to use or exercise any 
patent or other rights or privileges ; 

6. To do all such tilings as are incidental or conducive to General 
any of the purposes aforesaid. powers. 

^ 3. The personal liability of the several members of the Liability of 
Company for its debts and obligations, is limited to the members 
amount unpaid on their respective shares in ihe capital of ''""^'"^* 
the Company. 

4 The capital stock of the Company shall be one hun- Capital stock 
dred thousand pounds sterling, divided into ten thousand »"" shares. 
shares of ten pounds sterling each : tf.e capital may be Piovision 
increased, and any of the original or new shares may be *"•■ increase. 
issued as prelerence shares, wiih preferential rights as to 
VOL 11—12 dividends 



tV ^ 



166 



Oertiiin mnl- 
lera lo be 
(.'ovprned bj 
articles of 
i^ssucialion. 



Copy to be 
deposited 
with Se«' !' 
tary of atato, 



Certifiod 
copies to be 
evideuce. 



Chat. (:3. J. Winstuw Jones nnd Com/iani/. 44 ViCT. 

dividends or otherwise, as i.iay be resolved upon by the 
Company l'i;,m time to time in accordance with the provi- 
sions contained in thev.- Articles of Association, r* ivi-te-td 
under th» Imperial Acl hereinbefore mentioned, m the 
fourth day of February, one thousand eight hundvi d iiijj 
eighty, which shall apply to and govern the internt" , rgarj- 
ization, management and alfairs of the C/ompany, the distri- 
butioii of its capital and the shares thereof, and matters 
relating thereto, the general meeting.; ■,.] the Company and 
the proceedings thereat, Ihi Director- and other oiii ■ rs 
thereof, the dividends, accounts, seal and audit, no i ices to 
members, and generally all matters provicl'd i'»r bv tli«> said 
Articles of Association, a copy whereof certifivd bV the I'k- 
sident or two of tho Directors off the Compan) shall bo 
deposited .i(i the^office of the y(H;retary of State of Cauada ; 
and any cf.j y w}tCTeof pur;,.orting to be certified under the 
hand of the fiaid '•'cretary of State or his deputy, to be a 
true copy of tL;-? m deposited, shall be received in all courts 
of law^ or equity .n Can id a as priim fa'ie eviden'.o of such 
Articles of AsHJCiation and of the contents thereci without 
proof of the signatures of such Secretary or depuiv as shall 
also any deed or instrument purporting to be undei the seal 
of the Company and executed as required by tlie said 
arti( les. 



CHAT 

34. 1 

35. i 

36. . 



jl 

i i. 



■■■■W 



bV;)!"eme*d'a ^ ^^^''^ ^®^® °^ buildiug in Canada, at or in which the 
domicile of ^^^^ Company transacts its business or any portion thereof, 
the coapany. shall be deemed to be a domicile of the Company ; so that if 
any cause of action or suit shall arise against the Company 
within the Province or territory in which such domicile is 
situate, service of any writ or process in such action or 
suit may be validly made upon the Company at such 
domicile, by delivering the same to the person then in 
chai-ge of such place of business. 



Head ofSce, 
officers and 
agencies. 



«. The chief office of the Company shall be their regis- 
tered office for the time being in England; but the Company 
may appoint and have officers, agents and servants in 
Canada, for such purposes and with such powers as the 
Company may assign to them respectively. 



Ottawa.— Printed by Brown Ohamberlin, Law Printer to the Quee 

Excellent Majesty. 






37. 1 

38. . 

39. , 

40. ; 

41. i 

42. i 

43. . 

44. . 

45. . 

46. . 



rf;^: 



TABLE OF CONTENTS. 



ACTS OF CANADA 

THIRD SESSION, KOI^ITH PAI^LIAMENT, 44 VICTORIA, 18S1. 






1 



LOCAL AND PRIVATE ACTS. 

CHAP. PAOK 

34. An Act to incorporate " Tho Monlroal Board of Trade and Ex- 

change." 3 

35. An Act respecting La B(in(/iie Ville-Marie 5 

36. An Act to reduce Ihe capital stock of the Exchange Bank of 

Canada and otherwise; to amend the Act respecting the said 
Bank 7 

37. An Act respecting the Grand Trunk Railway Company of Canada 8 

38. An Act respecting the Northern Railway Company of Canada... 10 

39. An Act to remove doubts as to the true construction of section 

twelve of " The Northern Railway Company Act, 1877." ... 28 

40. An Act further to amend the Act incorporating "The Inter- 

national Railway Company." 29 

41. An Act respecting the Ontario and Pacific Junction Railway 

Company 31 

42. An Act to amend the Acts relating to the New Brunswick Rail- 

w^ay Company , 34 

43. An Act to amend the Acts incorporating the Montreal, Portland 

and Boston Railway Company 38 

44. An Act to incorporate the Ontario and Quebec Railway Company 39 

45. An Act to incorporate the Northern, North- Western and Sault 

Ste. Marie Railway Company 61 

46. An Act to incorporate The Bay of Quinte Railway and Naviga- 

tion Company 69 

VOL. 11—13 



i» TABLE OF CONTENTS. 

^"•^^- PAGE 

47. An Act to amend tho Act incorporating the SourLs and Eocky 

Mountain Railwaj' Company 73 

48. An Act to incorporate "The Napiervill.> Junction Railway and 

Quarry Company." ; 7- 

49. An Act to incorporate the Hull Mines Railway Company 82 

50. An Act to incorporate the European, American, Canadian and 

Asiatic Cable Company (Limited) 85 

61. An Act to amend the Act forty-third Victoria, chapter sixty-one, 

intituled " An Act to incorporate tho Asisiniboine Bridg-e 
Company " and to change the name of the said Company... 90 

62. An Act to incorporate the Moncton Harbour Improvement Com- 

pany 92 

63. An Act to incorporate the Acadia Stenmship Company (Limited) 105 

54. An Act to amend the Act of incorporation of "The Accident In- 

surance Company of Canada " and to authorize the change 
of the name of the said Company to "The Accident Insur- 
ance Company of North America." 113 

55. An Act to incorporate the Metropolitan Fire Insurance Company 

of Canada H4 

56. An Act to incorporate the " English and Colonial Insuranc 

Company." 120 

67. An Act to amend the Act incorporating the Canada Guarantee 

Company, and to change the name of the said Company to 
"The Guarantee Company of North America." 129 

68. An Act to enlarge and extend the powers of the "Credit Foncicr 

Franco-Canadien " ]3q 

69. An Act to incorporate the Credit Foncier of the Dominion of 

Canada ^gg 

60 An Act respecting the Canada Consolidated Gold Mining Com- 
pany 1,4 

61. An Act to incorporate the Dominion Salvage and Wrecking 

Company j.r,^ 

62. An Act to incorporate the Wrecking and Salvage Company of 

Canada • ^ i^g 

63. An Act to incorporate the Association known as".T Winslow 

Jones and Company (Limited) JC4 



77 

82 

85 
90 



iisri>EX 



TU 



LOCAL AND PRIVATE ACTS OF CANADA. 

THIRD SESSION, FOURTH PARLIAMENT, 41 VICTORIA, 1881. 

PA(}E 

ACADIA Steamship (^ompauy iucorporaleJ 106 

Capital, business, charges lor services and hen lor 106 

Calls, director.?, by-laws, certilicates lor shares, trusts, &c 108 

Transmission ol" shares, annual meeting- and proceedings at 109 

Votes, local boards, yearly statement, books to be kept 110 

Transfers, limitation of liability, contracts, &c., by Company Ill 

Borrowing powers, alien shareholders and paid-up stock 112 

Non-liability of directors, trustees, &c., oihcers of Company 113 

Accident Insurance Company, Act amended, name changed 113 

Powers and privileges continued, branch offices and agencies 

allowed \IA 

Assiniboine Bridge Company, Act amended, name changed 91 

May build toll-bridge over Red River, — borrowing powers of 

Company 92 

Rates of tolls, — time for commencement and completion 92 

BANKS. See Banque Ville Marie— Exchange Bank. 

Banque (la) Ville Ma'ie, Act respeoting 5 

Capital stock reduced, new shares to be issued 5 

Time of general annual meetings altered 6 

Present shares to be paid up in full 6 

AVinding up Act 43 V. c. 47, repealed 7 

Bay of Quinte Railway and Navigation Company incorporated ... 00 

Line of railway, and power to hold vessels, &c 70 

Directors, capital and shares, annual meetings 71 

Calls, arrangements with other companies, time for commence- 
ment and completion 72 

CANADA Consolidated G-old Mining Company, Act respecting 154 

Recital, irn )rporation in United States 1.54 

Corpor .1 ^owers granted in Canada, business of Company, &c.. 15.S 

Canada Gruaiantee Company, Act amended, name changed 129 

See G-uarantee Company of Canada. 

Credit Foncier of the Dominion of Canada, incorporated 135 

Incorporation and obj ects of the corporation 1 Sfi 

Head u^ce, and duration of the corporation 136 

Capital, ,>rivilege of subscribers, provision for increase 137 

Further provisions as to stock, calls, 'certificates, Spc. , , , , . , . 138 



iy 



INDEX. 



Liability ol Nhiuvholdrrs 1, . , , ,. .,.r8 of shaivs, .Sjc 

Managcmjmt ol tho cor; .uiuu „, „fors, moctia-.s, votiii.r... 

1 owers ot board as to nianag.mont of business, &c . 

Annual report, local b. .uds, shar.. r..?ri«ter, auditors..." ".■'. 

Duties and powers ol auditors :-uiana-enient in the Doniiin'oVr' 

I owers ol managers, annual statements, g(Mieral meotinn-s 

Irovisions respecting loans and other transaetioii^ . "" 

liorrowin^ powers and bonds, and matt(^ , ,. uu - ilVeivlo 

Keal estrte, estut.. and special bonds, powers as to real estate'"" 

inventories and annual statement ol accounts 

Division of proiits, reserve and provident funds 

Amendment ci rules and regulations 

Dissolution an, I liquidation of the corporation 

Organize tion .ind final consolidation. . ' 

n ' v.^l^^"^ 8t«'ement to Minister of Finance'...".'.'.".". 

Lreclit Foncier 1 ranco-Canadien, powers enlarged, and extended 

lowers ot coiporation, loans on what securities to be made 

C;?i nn'f"''. '^"""^f' ^"?""^'^'«. agencies, advisory boar'd's".*. 
Kates interest, ani.uities, insurance, anticipated payments &c 
Borrowing powers, real estate, annual repo, 'to MinX ...;!:?: 

DOMINION Salvage and Wrecking Company incorporated 



T^^«..^ !• 1 • » --'^mi'iiny iiiuuiinjiaieu 

Prnv£ '''"' >":;"'^^V"^^''" Company, capital and shares 
JoTnf S?^"l. rl ""^'"'^ ^^T'^^ '^^•^} ^«tate and investments 
Joint 8tock Clauses Act \o apply, liability limited.... 



EUROrEAN,^American, Caiuulian and AsiaHc Cable Company incor- 

Incorporation, lines of to'legraph defiued.'"^^ 

Connections capital, borrc ing pnu ers, pr isional'di.vcto^s. &'J 
dendr""' "^ airectors, subscriptions, divi^ 

^^*''' hS ^''"''''''^ *'^''''''^°''' ^^'^^^^^^^^^ 

Annual Statements, times for coiamenc'emJnt a id'coni'pietin^'ivr 
Charges for messages and order of precedence "' 



English and Colonial Insurance Company, iiKorpo. .ted 
liicorporatioii, capital, provisional and er d ectors 
i^alls, election of directors and officers 



Votes, quorum of directors, 1 usiness ol ie"( Qpanv 

Jj-laws, investments by Company, reai estate, policies!'.!!. l".'.'."" 

Enforcement ol calls, transfers of shares 

Liabmty of shareholders, annual and special meetin-'s'".'.". 

ijividends, assessment if capital is impaired, 
lower to purchase business of or amalgamate wit'h other' Com- 
panies 

Exchange Bank of Canada, capirai*reduc'ed,"Act'amend'e'd' '.'.".'.'. 

JNumber ot shares reduced one-half 

Number of directors may be changed...,!. 

Act 10 require approval of shareholders...'..!. "!! 



PAOE 

lao 

140 

Ml 

142 

143 

144 

14« 

141) 

151 

151 

162 

1"'2 

1.53 

153 

"Jr,4 

130 

131 

132 

133 

134 

If) 5 
156 
157 
158 



85 
85 
80 

87 

88 
80 

no 
;2o 

121 
122 

iL"^ 

124 
126 
127 
128 

128 
7 

7 

8 
8 



I 



GRi 



Gua 



HUJ 



INS 



.l.\A 
ME' 



Moi: 



Moi 
Moi 



INDEX. 



140 

141 

142 

143 

144 

14(> 

141) 

151 

161 

152 

T'2 

153 

153 

1.'.4 

130 

131 

132 

133 

134 

155 
156 
157 

158 



85 
85 
86 

87 

88 
8rt 
00 
120 
121 
122 
1l3 
124 
126 
127 
128 

128 
7 

7 
8 
8 



PACJK 

Tjabiliiy of sliHrfholdors not allocttul 8 

GRAND Trunk Raihvny Compiiny of Canada, Act rt'spi'cling 8 

Time of half-yearly moetings may he changod 9 

Time of payment of dividends !> 

Hoetions 18 and 20 of 86 V., c. 18 as to dividends, explained 

Act to require approval at special general meeting 10 

Guarantee Company of Canada, Act of I'rovince of Canada, amended.. 12!) 

Name of Company changed, privileges continued, directors 129 

I'rovision for increase of capital and allotment of shares 130 

HULL Mines Railway Company, incorporated 82 

Incorporation, line deliued head office 82 

Directors, capital, bridge o . er River Ottawa 83 

Agreement with Iron Company for sale or purchase 83 

A vangements with Otl ivva and Gat ineau Railway Company, &c 84 

INSURANCE Companies. See Accident— English and Colonial- 
Metropolitan Fire. 

International Railway Company, Act further amended 20 

Acquisition of or amalgamation with or hy other Companies 20 

Or sale or lease of Railway, — existing agreements saved 80 

.1- W'INSLOW Jones & Company, Association. Sec Winslow 164 

LOAN Companies. See Credit Fonciev Franco Canadien — Credit 
''oucier of the Dominion. 

METROi >JiITAN Fire Insurance Company of Canada, incorporated 114 

incorpiration, business, capital, transfers of stock 115 

Liability of shareholders, and of din'ctors, trusts on shares 116 

Provisional and other directors, elections, &c 117 

Real estate, dividends, branch offices, deposits 119 

Moncton Harbour Improvement Company, incorpor d 92 

Incorix>ration general and special powers of Compan 93 

Approval of Governor in Council required, powesf- ■ i survey, 

taking lands, &c 04 

Compensation by Company, bridges, public beach, water supply, 

conveyances to Company 96 

Arbitration in case of disagreement as to compensation 97 

Capital, election of directors, annual meeting 98 

I'owers of directors, qualification, vot'^s of shareholders 99 

Vacancies in board, transfer of shares 100 

Calls, enforcenient of, general meetings, liability for calls 101 

Borrowing powers of ''o-iipany. bonds and security for 102 

Restrictions as to otcs aid transfers, dividends 104 

Tolls, recovery of nud enforcement 104 

Montreal Board of Exchange and Trade, incorporated 3 

Montreal, Portland and Boston Railway Company, Acts amended 38 

Branch railway authorized ; ,. 38 

Act 40 v., c. 65, amended, short title 39 



t1 



INDEX. 



\V ork dod,ir«,l ot ooiieml advanta-o, timo di-finod, capital, &c... 78 

irHt and olh,>r diroctorH, votes, calls on shares ... 79 

Horrowiiif,' powtM-s, coiivcya^icos, agreements with other Coin- 

P'l"'*''^ yQ 

Aliens may vol.' cSfc, schedule— lorm ol' dewl^ to Company. ".''.'.".! 81 

NevvUrunswick Kail way Company, Acts amended 'a1 

lixteuNion ol'line authorized 34 

Capital uiKl Hhunvs, board of directors," applicat'ion'oV'Uegi^^^^ 

Act, IHill , ^^^ ft- 

Bridges over Kiver Mt .lohn, ui'mVga!i-e*l\Vmds"iLyui"foI^^^ " »(} 

hurthor provisions as to honds, shan>8 in Lumber Company " 87 

Northern Kailvvav Company of Canada, Act respecting 10 

issue ot working and equipment bonds authorized "' 11 

Kanking thereof, interest, sale, &c [,,]'" u 

Approval ol' special general meeting required....."!." H 

Schedule, agreement with Hamilton and North-Western *Raii- 

^ way Company, 1879 12 

Schedule, further agreement of 21st February, 1881 ■ 23 

Act to remove doubts, under 40 V., c. 57, s 12 08 

Northern, North-Westcrn and Sault Ste. Marie KailwaVcWuiy, " 

inrorporated ' '' r^^ 

Line defined, and branch line.' bHd"ro7irt he' Sault *'..'. '.'.". '.'.".'. 63 

lolls and colleclion of, capital defined, provisions as to tolls oil 

^''^S^ 65 

58 
63 

Time lor commencement'and completion, "schedulerr.'.".'..!?!^...... tg 

ONTARIO and Tacific Junction Railway Company, Act respecting... 31 

lower to extend their line northwesterly 31 

J lovisions respecting facilities of traffic to and by other "Com- 
panies "^ 21 go 

Arbitration in case of difference V......... ....!!.................".."* ' 33 

Time for completion and commencement of works!!! '...'..' 34 

Ontario and Quebec Railway Company, incorporated ....!....!!" 39 

Incorporation and general powers !!!! 3;) 

Capital, shares, aid, provisional directors !!!!!!!! 40 

Meetings of shareholders, election of directors! &c!. !..!.! 4I 

f^pecial meetings, votes, ike, bonds of Company... 40 

becunty for bonds, rights of bondholders 43 44 

Arrangements with other Companies, bonds, &c., there'a'fter!!!!!!!! ' 46. 

Amalgamation, lines of telegraph, branch offices 46 

Transfer of share-s, snow fences, &c ..'.'..'!.'.'!'." 47 

Conveyances to Company,— facilities to otherci>iri'p;nies !!!!!! !! 48 
RAII WAYS S':e Vmy of Quinte— Grand Trunk— Hull Mines- 
International -Montreal, Portland and J Boston— Northern 
—New Brunswick— Northern, North -Wf^stera, &c— Napier- 
viUe Junction— Ontario and PaciHc Junction— Ontario and 
(.Quebec— Souris and Rocky Mountain. 




fNDIiX. 



vii 



S ! o In"'? t""*"'" ^^^''^'''y ^'-"P'^^y- Acts „u.c.uU.cl 78 

.any ^'''''''''"'^ P^^"'"" ""^ '»^» J«. «-on voyuncN to roVa. ' 

74 

VILLE Mario, Banque. See Banqiio 

^^SJ/'''^ and Salvage Company of Canada, incorporatod.. 158 

Votes, calls and enlbrcoment of payment tluMoof.;..*.!'. !i 

By-laws, meotin-s and procmlin-s thereat , J 

W.ns^ow"? "roir I'P *'' ^'•'"'•^''7'^ ol'-tock, iia)>ility limVlcd.;:::::: 63 

VV inslow, J., Jones and Company, Association incorporated vu 

Incorporation under Imperial Act, and in Canada -u 

Objects and business of the corporation V'j 

Acquisition of property liability ].mitcd,'capitai and 'simres ,;5 

Articles of association, domicile, oHices and agencies .. Joo