CHAPTER 163. An Act respecting the Construction of Roads by HER ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: make tram 1. The proprietors of any mine in Ontario may construct a Owner of gravel or macadamized road or a tramway from their mines to mine may the nearest navigable waters or railway or highway, and may ways, etc. take any land required for right of way and stations at a fair valuation, under the provisions of sections 13 to 20, inclusive Rev. Stat. c. of The Railway Act of Ontario in that behalf, headed" Lands 170, ss. 13-20. and their valuation," which shall apply to such proprietors, to apply. but the said gravel or macadamized road or tramway shall not exceed twenty miles in length. R. S. O. 1877, c. 156, s. 1. 2. The proprietors of any mine holding lands in fee When may simple having a frontage of one mile or upwards on any navi- construct hargable lake, river or stream, may : 1. Construct harbours, wharves, piers and other erections thereon, at the bank of such lake, stream or river, for the accommodation of all kinds of steamers, vessels and craft; bours. 2. Make rules and regulations for the government and Make rules. management of such wharves and harbours; 3. Impose and levy, according to a tariff to be by them Collect dues. adopted for that purpose, and which may from time to time be altered and amended, reasonable wharfage and harbour dues, and fines for the infraction of such rules and regulations. R. S. O. 1877, c. 156, s. 2. Lieutenant 3. No such rules, regulations or tariff shall be of any force Being first ap or effect until sanctioned or approved of by the Lieutenant-proved by the Governor, and no fine thereby imposed shall exceed $20 for Governor. any one offence, and such fines shall be recoverable in a summary way before any two Justices of the Peace, as if imposed by Act of the Legislature. R. S. O. 1877, c. 156, s. 3. water course-. 4. Any mining company, or the proprietors of any mine, May improve may improve and render navigable for the transport of freight to and from the mine, any water course or water courses, or may construct a channel of communication between navigable water courses, that may be necessary for the full and proper development thereof, for the more advantageous working of the mine, and the conveyance of freight to and from the same. owners. To indemnify But every mining company or the proprietors shall be liable to indemnify all persons who may thereby suffer injury to their property or rights. R. S. O. 1877, c. 156, ss. 4, 5. May enter upon Crown or private lands. 5. For the purposes aforesaid, the mining company, or proprietors of any mine, may enter into and upon the lands of Her Majesty, or of any person or persons, body corporate or otherwise, for the purposes and subject to the conditions aforesaid, and may survey and take levels of the same or any part thereof found necessary and proper for the construction of tramways, or for making channels of water communication or improving the navigation of any water course or water courses. R. S. O. 1877, c. 156, s. 6. Declaration by 6. No beach, lot, or land covered with water, or other public person desiring incorpora- property, shall be taken under this Act without the consent of the Lieutenant-Governor in Council, and then only upon such terms and conditions as he thinks proper. R. S. O. 1877, c. 156, s. 7. tion. Plans to be 7. No harbour or river improvement shall be made under this Act, or any property taken therefor, so as to interfere with the navigation of the harbour or river or until the proposed plan and extent thereof, and of the works therewith connected, have been submitted to and approved by the LieutenantGovernor in Council; but the plan may afterwards be altered and extended with such consent and approval. R. S. O. 1877, c. 156, s. 8. CHAPTER 164. An Act respecting Joint Stock Companies, for supplying Cities, Towns and Villages with Gas and Water. INTERPRETATION, s. 1. DIRECTORS AND OFFICERS, ss. 11-20. SPECIAL MEETINGS, s. 21. LIABILITIES AND RIGHTS OF EXECU TORS, ETC., Ss. 29-32. BOOKS TO BE KEPT, ss. 33-38. THEIR TRANSFER, SS. INCREASE OF CAPITAL STOCK, Ss. 4350. MUNICIPALITIES TAKING STOCK, SS. 51, 52. ALIENS MAY HOLD STOCK, S. 53. GAS COMPANIES, ss. 54-57. Restrictions on powers, ss. 81, BORROWING POWERS, Ss. 71-80. Enforcement of penalties, ss. TRUSTEES UNDER 16 V. c. 173, s. HE ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: INTERPRETATION. 1. The word "company," wherever it occurs in this Act, Interpreshall be construed to mean a joint stock company incor- tation. porated by registration under the provisions of this Act or of Some former Act respecting Gas and Water Incorporated Joint Stock Companies. R. S. O. 1877, c. 157, s. 1. FORMATION OF COMPANIES. desiring incor 2. Any five or more persons who desire to form a company Declaration for supplying any city, town, incorporated village, township or other municipality with gas or water, or with both gas poration. and water, may make and sign a statement or declaration in writing, in which shall be set forth: 1. The corporate name of the company; 2. The object for which the same is formed; 3. The amount of capital stock of the company, which shall be divided into shares of $20 each, and such stock, in the case To be acknowledged in duplicate. How companies are to proceed. When to be rated. of a gas and water company in a city, shall not exceed $300,000, if gas or water only is to be supplied, and $600,000 if both gas and water are to be supplied; and in the case of a town or village, shall not exceed $200,000 if gas or water only is to be supplied, and $400,000 if both gas and water are to be supplied; and the money so raised shall be appropriated to the purpose of constructing, completing, acquiring and maintaining their said gas works or water works, or gas and water works, and to no other object or purpose whatever; 4. The number of shares of which the stock is to consist; 5. The number and names of the directors who are to manage the concerns of the company for the first year; 6. The name of the municipality in which the operations of the company are intended to be carried on; and 7. The term of the company's proposed existence, which shall not exceed fifty years. R. S. O. 1877, c. 157, s. 2. 3. The persons making the statement or declaration shall acknowledge the same in duplicate before the mayor or chief magistrate of the municipality, and he shall receive the same, and grant a certificate thereof. R. S. O. 1877, c. 157, s. 3. 4. If upon the petition of the persons desiring to form the company the municipal council of the municipality in which the operations of the company are to be carried on, pass within thirty days from the date of such acknowledgment, a bylaw granting authority to such persons as a company to lay down pipes for the conveyance of water or gas, or both, under the streets, squares and other public places of the municipality, the registrar of the registry division in which the same is situate, on the production of one of the duplicates of the statement or declaration, with a proper certificate of the acknowledgment thereof endorsed thereon, and a duly certified copy of the by-law attached thereto, shall file the same and make an entry thereof in a book to be kept by him for that purpose; and the other of the duplicates, with a proper certificate endorsed thereon of the acknowledgment thereof, and of the filing and registration thereof, and of such by-law, and with a certified copy of the by-law thereto annexed, shall forthwith be transmitted to and filed in the office of the Provincial Secretary. R. S. O. 1877, c. 157, s. 4. 5. When the formalities required by the preceding sections come incorpo of this Act have been complied with, the persons who have signed the statement or declaration, and all persons who thereafter become shareholders of the company thereby established shall be a body corporate, by the style and title mentioned in the statement or declaration. R. S. O. 1877, c. 157, s. 5. 6. Compliance with the formalities prescribed in the pre- Proof of comceding sections of this Act for the formation of any company, pliance, etc. shall be conclusively established by the insertion in the Ontario Gazette of a notice to that effect by the Provincial Secretary. R. S. O. 1877, c. 157, s. 6. evidence. 7. A copy of the whole of the registered statement or decla- Certified ration registered in pursuance of this Act, and certified by the copies to be registrar or his deputy to be a true copy, shall be received in all Courts and places as prima facie evidence of the facts therein stated. R. S. O. 1877, c. 157, s. 7. 8. Any company incorporated under this Act may, in their May hold corporate name, purchase and hold, sell and convey lands, ten- lands, etc. ements and hereditaments for them and their assigns and successors for the use of the said gas works or water works, or gas and water works, and the real estate holden by such company shall be held for the purposes for which the company is incorporated and for no other purpose. R. S. O. 1877. c. 157, s. 8; 46 V. c. 14, s. 1. BY-LAWS. 9. A majority of the shareholders of such company present Power to make by-laws. at any special general meeting may make such by-laws as they deem proper for the following purposes: 1. For the management and disposition of the stock, business and affairs of the company; 2. For the appointment of officers and prescribing their duties, and those of all artificers and servants that may be employed, and for carrying on all kinds of business within the objects and purposes of the company; 3. For appointing the number of directors of the company, Rev. Stat. who shall not exceed nine, nor be less than three, including the c. 184, s. 489 (32). head of any municipality holding stock in the company to the amount of $10,000 or upwards, as prescribed by sub-section 31 of section 489 of The Municipal Act; and for determining the number of shares it shall be necessary for a shareholder to hold to qualify him to act as a director; 4. For the payment of directors with the consent of a majority of the shareholders at the annual meeting, or for the appointment of one or more paid directors; 5. For the amending, altering or repealing any by-law of the company made under the authority of this or of any other statute. R. S. O. 1877, c. 157, s. 9. evidence. 10. A copy of any by-law of the company, purporting to be Copy of byunder the hand of the clerk, secretary or other officer thereof, law to be and having the corporate seal of the company affixed to it, shall be received as prima facie evidence of such by-law in all Courts in this Province. R. S. O. 1877, c. 157, s. 10. |