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CAP. XXXIV.

Authentic

An Act to amend the Act of Incorporation of the North
Shore Railway Company.

[Assented to 18th December, 1854.]
W
HEREAS the original subscription book of the North

Preamble. sixteenth Victoria, chapter one hundred, incorporating the Company above mentioned, was destroyed by Fire on the thirtieth day of Deçember, one thousand eight hundred and fifty-three, and it is expedient to provide a remedy for the inconveniences which might arise from such destruction; And whereas it is necessary to amend the Act above referred to : Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lover Canada, and for the Government of Canuda, and it is hereby enacted by the authority of the same, as follows:

1. Within the period of one month from and after the passing of this Act, the Secretary of the Province shall affix the seal of the copy of the Province 10 and shall deliver to ilie North Shore Railu ay Com- scription book pany, the copy of the said Stock or Subscription Book, and to be made the documents accompanying the same, transmitted to him by the to the ComClerk of the City of Quebec, in conformity with the provisions pany, and of the second section of the Act above cited, which said copy poses it shall shall have been previously certified by the said Secretary of the be used in Province, as being that transmitted to bir by the Clerk of the evidence, &c. City of Quebec; and the said copy shall thenceforth be considered to all intents and purposes as the original, and shall have the same force and elect; and the signature of any person, whose name shall be found to be inscribed in the said copy as a subscriber or shareholder, shall be considered as having been inscribed in the original book by the said subscriber or shareholder, and in case of denial on the part of such subscriber or shareholder, it shall be sufficient in order to prove the said signature or the number of shares subscribed for by the said subscriber or shareholder, that the person or persons whose name or names shall appear upon the said copy as that or those of the witness or witnesses to the said signature, do declare under oath that the said subscriber or shareholder did place his signature or mark (as the case may be) in the said original subscription book, or did subscribe for the said shares; any law or usage to the contrary notwithstanding.

II. It shall be lawful for the said Company when they shall Company be thereunto authorized at a special meeting of the share- may hold

Shares in cera holders, to be previously called for that purpose, provided

always,

tain other un- always, that at such meeting three fourths of such shareholders
dertaking present must assent, to purchase, take, possess and subscribe

for shares in any other Railway or Steam-ferry Company
across the river St. Lawrence, at any point between Quebec
and Montreal inclusive, when they shall deem it advantageous

to the interests of the said North Shore Railway Company, Voting on such and the Directors of the said Company may authorize one Shares.

or more persons to vote in respect of the shares, at any Meeting
of such Railway or Steam-ferry Company as aforesaid, in
which the said North Shore Railway Company shall have so
taken shares.

Number of
Direciors.

III. The number of the Directors of the Company shall be twelve, who shall from and after the fifteenth day of the month of June next, be elected annually at the general meeting of the stockholders, in the manner and form provided in and by the Railway Clauses Consolidation Act.

Paid Directors.

IV. The Directors may employ as paid Directors one or more of their number.

to vote.

Shareholders V. From and after the passing of this Act, no private share-
in arrear not holder shall be entitled to vote at any of the Elections required

or authorized by the said Act, unless he shall have paid all the
instalments called in and due at the date of the said meetings.

Proof of pay

Parties in arrear to re

VI. The payment of such instalments shall be authenticated ment of calls. by the certificate of the Treasurer of the said Company.

VII. Any subscriber who shall neglect or refuse to pay one

or more of the instalments called in by the said Company, ceive Notice shall be required so to do by notification in writing, under the

signature of the Treasurer of the said Company, and the said
notification shall be left at the residence for the time being of

the said Shareholder, or at the domicile which he shall have Proof of notice. elected at the time of subscribing : Proof of service of such

notification shall be made by the oath of the person serving the
same.

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Preamble.

An Act to incorporate the Quebec and Saguenay Rail-
way Company.

[Assented to 18th December, 1834.]
HEREAS the Honorable P. J. 0. Chauveau, Stewart

Derbishire, J. A. Sewell, M. D., Joseph Morrin, M. D.,
A. C. Buchanan, C. Tétu, L. Bilodean, Charles Alleyn, F. R.
Angers, J. E. De Blois, E. Chinic, H. Benjamin, H. Noad, and
F. N. Boxer, all of the City of Quebec, Esquires, have prayed

by

by their Petition to the Legislature, to be incorporated as a Company for the purpose of constructing a Railway from any point in the said City of Quebec to any point at or beyond Lake St. John, in the County of Chicoutimi, for the purpose of facilitating the settlement of a large tract of the waste and uncultivated lands of this Province, of supplying the said City of Quebec with cheap fire wood, and providing at more reasonable rates than at present exist, the numerous lumber and ship-yards of the said City and neighbourhood with timber for building and other purposes; and in view of the great advantages which will result to the Province, its trade, and the inhabitants of the said City, by the construction of the said Railway, it is expedient to grant the prayer of the said Petition : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unile the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, as follows :

I. The above named persons, or any of them, together The Quebec with all such other persons as shall become shareholders of and Saguenay any share or shares in the undertaking hereinafter authorized

Railway

Company into be carried on, shall be, and are hereby ordained, constituted corporated. and declared to be a Body Corporate and Politic in fact and in name, by the title of the Quebec and Saguenay Railway Company.

II. The several Clauses of the Railway Clauses Consolida- Certain tion Act, with respect to the first second, third and fourth clauses of 14 clauses thereof, and also the several clauses of the said Act, incorporated

& 15 V. c. 51, with respect to “ Interpretation,” “Incorporation,” “ Powers, ” with this Act. “Plans and Surveys,' “ Lands and their valuation,” “ Highways and Bridges, " 'Fences,” “Tolls,” “General Meetings, “ Directors, their election and duties," "Shareholders," " Shares and their transfer,” 66 Municipalities," " Actions for indemnity,” “Fines and Penalties, and their prosecution,” “ Working of the Railway,” and “ General Provisions,” as amended or modified As amended by the Act passed in the last Session of the Provincial Parlia- by 16 V. ment, and intituled, An Act in auldilion to the General Railway Clauses Consolidation Act, shall be incorporated with this Act, save in so far as they are expressly varied by any clause or provision hereinafter contained ; subject always to the following modification of the ninth sub-section of the said clause of the said Railway Clauses Consolidation Act, headed " Plans and Modification

of certain proSurveys,” that is to say, that lands to the extent of twenty visions of the acres may be taken by the said Company without the consent said clauses. of the owner thereof, but subject to the provisions of the

c. 169.

said Act in that behalf, for Stations, Depôts, or other works, in any City or 'Town; and subject further to the following modification of the twelith sub-section of the clause of the said last mentioned Act, headed “ Lands and their valuation,” that is to say, that in any case where three arbitrators shall have been appointed, the costs of the arbitration shall be borne by the party whose offer shall be furthest from the amount awarded as a compensation for the taking of lands by

the Company. Line of the III. The said Company and their agents, servants and workRailway de. men, are hereby authorized and empowered to lay out, construct,

make and finish, a double or single iron or tram Railway, from the City of Quebec, following the valley of the St. Charles as far as Commissioners' Bridge, thence in a north-westerly direction, to the river St. Anne.

Company IV. The said Company shall have the power to erect may bridge the rivers on

construct such bridges as they may reqnire for the the line, and purposes of the said Railway, over any part of any river, take tolls.

as they may deem necessary, with the right, if they think proper, to adapt the said bridges to the passage of horses, vehicles and passengers, subject to the clauses, stipulations and conditions of the Railway Clauses Consolidalion Act, and

of the Act above mentioned, intituled, An Act in addition to the Proviso.

General Railway Clauses Consolidation Act : Provided always, that in case such bridges be used by the public as toll-bridges, the rates and tolls shall be fixed by the Governor in Council.

Power to take V. It shall and inay be lawful for the said Company, with wild lands, the consent of the Governor in Council, to take and appro beach lands, &c.

priate for the use of the said Railway, but not to alienate, so much of the wild lands of the Crown not heretofore granted or sold, lying on the route of the same ; as also so much of the land covered with the waters of any river, lake, stream or canal, or of their respective beds, as may be found necessary for the making and completing and more conveniently using the said Railway, and thereon to erect such wharves, quays, inclined planes, cranes and other works as to the said Company shall seem meet.

Conveyances VI. All deeds and conveyances of lands to be conveyed to the Com

to the said Company for the purposes of this Act, shall and pany to be in form of the may, as far as the title to the said lands or the circumstances Schedule A. of the party making such conveyance will admit, be made

in the form given in the Schedule to this Act marked A, and need not be made before a Notary, and for the purpose

of a due enregistration of tlie same, the Registrars of the Registration several Counties through which the said Railway or any of thereof. the said branches may run, are hereby required respectively to

be furnished, by and at the expense of the said Company, with a book, with copies of the form given in the said Schedule A,

one

one to be printed on each page, leaving the necessary blanks to suit the separate cases of conveyance, and in such book, to enter and register the said deeds upon production thereof and proof of execution, without any memorial, and to minute such entry on the Deed ; and the said Company shall pay to the Fees to Re Registrar for the said registration and certificate thereof, the gistrar, &c. sum of one shilling and three pence, and no more ; which said registration shall be held and deemed to be valid in law ; the provisions of any Act or Ordinance for the registration of Deeds now in force in this Province to the contrary notwithstanding.

shall be apo

VII. The Capital Stock of the said Company shall not Capital Stock : exceed in the whole the sum of one hundred thousand and to what pounds currency, to be divided into ten thousand shares of purposes it ten pounds each ; which amount shall be raised by the plied. persons and Corporations who may become Shareholders in such stock ; and the said money so raised shall be applied in the first place, towards the payment and discharge of all fees, expenses and disbursements for procuring the passage of this Act, and for making the surveys, plans and estimates connected with the Railway, and all the rest and remainder of such money shall be applied towards making, completing and maintaining the said Railway and other purposes of this Act, and to no other purpose whatever : Provided always, that the Proviso: as said Capital Stock may be increased as provided by the second of Stuck sub-section of the nineteenth section of the Railway Clauses Consolidation Act.

VUI. The said Honorable P. J. 0. Chauveau, Stewart First Direc. Derbishire, J. A. Sewell, Joseph Morrin, A. C. Buchanan, tors. C. Tétu, L. Bilodeau, Charles Alleyn, F. R. Angers, J. E. De Blois, E Chinic, H. Benjamin and H. Noad, Esquires, shall be and are hereby constituted the first Directors of the said Company, and the said P. J. 0. Chauveau, the President thereof, and shall hold tbeir Office until others shall under the provisions of this Act, be elected by the Shareholders, and shall, until that time, constitute the Board of Duration of Directors of the said Company, with power to open Stock

office. Books, and make a call on the shares subscribed in such Powers. Books, and call a meeting of the subscribers for the election of Directors in the manner hereinafter provided, and to lay out the Railway, with all such other powers as, by the said Railway Clauses Consolidation Act, are conferred

upon

the Directors elected under the said Act, or named by this Act.

IX. Any person, corporation, or party who, before the pas- Liability of sing of this Act, has or shall have subscribed, or authorized persons who any person to subscribe bis, or her name, or the corporate name ed before the of any such corporation, for any amount of Stock in any Stock passing of this Book of the then intended Company to construct a Railway from any point in the City of Quebec, to any point at or beyond

Lake

Act.

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