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good repair all bridges, with their abutments and embankments, which they may construct for the purpose of conducting their Railroad over any canal, mill-pond turnpike, highway, or private way, or for conducting such private way or turnpike over said Railroad.

11. If said Railroad, or any branch thereof, shall in the course thereof cross or partly cross any tide waters, navigable rivers, or streams, the said Corporation are hereby authorized and empowered to erect, for the sole and exclusive travel on their said Railroad, a bridge across or partly across each of said rivers or streams, or across or partly across any such tide waters; provided such bridge or bridges, or other erections, shall be so constructed as not unnecessarily to obstruct or impede the navigation of such rivers or waters.

12. Said Railroad Corporation shall erect and maintain substantial, legal, and sutficient fences on each side of the land taken by them for their Railroad, where the same passes through enclosed or improved lands, or lands that may hereafter be improved; and for neglect or failure to erect and maintain such fences, said Corporation shall be liable to be indicted in any Court having competent jurisdiction within and for the County of Charlotte, and to be fined in such sum as shall be adjudged necessary to repair the same; and such fine shall be collected and paid as other fines are by law collected and paid, and shall be expended for the erection or repair of said fence, under the direction of an agent appointed by the Court imposing the fine; provided however, that such fences may be dispensed with at the receiving and landing places of passengers and freight, and at such other places as fences are not elsewhere usually required.

13. The said Corporation shall be subject to all such regulations, provisions, and conditions in reference to the transmission of Mails and Troops, as are established by any law in force in this Province with respect to any other Railroad Corporation; and said Corporation, after they shall commence the receiving of tolls, shall be bound at all times to have said Railroad in good repair, and a sufficient number of suitable engines, carriages, and vehicles for the transportation of persons and articles, and be obliged to receive at all proper times and places, and convey the same when the appropriate tolls

therefor shall be paid and tendered, and a lien is hereby created on all articles transported for said tolls; and the said Corporation, fulfilling on its part all and singular the several obligations and duties by this Section imposed and enjoined upon it, shall not be held or bound to allow any engine, locomotive, cars, carriages, or other vehicles for the transportation of persons or merchandize, to pass over said Railroad or its branches other than its own, furnished and provided for that purpose as herein enjoined and required; provided however, that said Corporation shall be under obligations to transport over said Railroad and branches in connection with their own trains, the passengers, and other cars of any other incorporated Company that may hereafter construct a Railroad connecting with that hereby authorized, such other Company being subject to all the provisions of the seventh and eighth Sections of this Act as to rates of toll, and all other particulars enumerated in said Sections.

14. If any person shall willfully and maliciously, or wantonly and contrary to law, obstruct the passage of any carriage on said Railroad, or in any way spoil, injure, or destroy said Railroad, or any part thereof, or of any of its branches, or anything belonging thereto, or any material or implements to be employed in the construction or repair, or for the use of the said Railroad and branches, he, she, or they, or any person or persons assisting, aiding, or abetting such trespass, shall profit and pay to the said Corporation for every such offence, treble such damages as shall be proved before the Justice, Court, or Jury before whom the trial shall be had, to be sued for before any Justice, or in any Court proper to try the same, by the Treasurer of the Corporation, or other officer whom they may direct, to the use of the Corporation; and such offender or offenders shall be liable to indictment by any Grand Jury of the County of Charlotte, or of any County within which such trespass shall have been committed, for any offence or offences contrary to the above provisions; and upon conviction thereof before any Court competent to try the same, shall pay a fine not exceeding one hundred pounds to the use of the Province, or may be imprisoned in the Provincial Penitentiary, and kept to hard labour, for a term not exceeding five years, at the discretion of the Court before whom such conviction may be had.

15. The annual meeting of the said Corporation shall be holden on the last Wednesday in July, or such other day as shall be determined by the bye laws, at such time and place as the Directors for the time being shall appoint, at which meeting the Directors shall be chosen by ballot, each proprietor, by himself or proxy, being entitled to as many votes as he holds shares; and the Directors are hereby authorized to call special meetings of the stockholders whenever they shall deem it expedient and proper, giving such notice as the Corporation by their bye laws shall direct.

16. The Legislature shall at all times have the right to inquire into the doings of the Corporation, and into the manner in which the privileges and franchises herein and hereby granted may have been used and employed by said Corporation, and to require returns of profits and expenditure, and to correct and prevent all abuses of the same, and to pass any laws imposing fines and penalties upon said Corporation, which may be necessary more effectually to compel a compliance with the provisions, liabilities, and duties hereinbefore set forth and enjoined, but not to impose any other or further duties, liabilities, or obligations; and this Charter shall not be revoked, annulled, altered, limited, or restrained without the consent of the Corporation, except by due process of law.

17. If the State of Maine shall, in any legal way and manner, constitute this Company a Company within its limits and jurisdiction, this Company is hereby authorized and empowered to exercise within said limits and jurisdiction of such State, all the rights and powers, and shall have and enjoy all the privileges and immunities which it could have, exercise, or enjoy within this Province.

18. The said Company, to entitle themselves to the privileges, benefits, and advantages to them granted in this Act, shall and they are hereby empowered to make and complete the said Railway from the Upper Mills, in the Parish of Saint Stephen, in the County of Charlotte, in this Province, to the mouth of Dennis Creek, within five years from the passing of this Act, and complete the remaining part of the said Railway, from Dennis Creek to the Ledge, or to Oak Point, in the said Parish, within ten years from the passing of this Act; and if the same shall not be so made and completed within the

period before mentioned, so as to be used for the conveyance and carriage of passengers, goods, chattels, wares, and merchandise thereon, then this Act, and every matter and thing therein contained, shall cease and be utterly null and void. [*Time extended by 18 V. c. 62.]

15th VICTORIA-CHAPTER 76.

An Act to incorporate the Magaguadavic Railway Com

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3. When Company may construct Railway. 31. First meeting, when held.

4. Branch Railways

5. Interest, what caphal.

6. Froperty share, what evidence of.

7. When share not to be transferred.

8. Trust stres not bound for.

9. Stock, how paid for.

10. Calls.

11. Interest payable, on what.

12. Advances from shareholders.

13. Defaulters, how sued.

14. Declaration in suits for calls,

15, Proof on trial.

32. Officers, by whom appointed, &c.

33. Annual meeting for choice of Directors,

&c.

34. Extraordinary meeting, by whom called.
35. Notice of same.

36. Tolls; statements of expenses, &c.
37 Government may purchase same.
38. Mails, &c. to be forwarded.

39. Compensation, how fixed.

40. Arbitrators, nomination of.

41. Forces, &c., how conveyed.

42. Tolls, how altered.

16. Register of shareholders, evidence of 43. Government may use Company's lands

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WHEREAS the construction of a Railroad for the transportation of lumber from the Upper Milltown, on the Magaguadavic River, to the Town of Saint George, and thence to L'Etang Harbour, and also for the conveyance of passengers, would materially benefit the inhabitants of that section of the Province, and would tend in a great degree towards the improvement of the country, it is deemed advisable to grant encouragement to such enterprising persons as may be desirous and willing, at their own cost and charges, to make and maintain a Railway in the direction aforesaid, by granting them an Act of Incorporation ;

Be it therefore enacted, &c.-1. Daniel Gillmor, Benjamin

Randall, F. O. J. Smith, the Honorable W. F. W. Owen, the Honorable Harris Hatch, Patrick Clinch, Moore R. Fletcher, Abraham J. Wetmore, Robert Thomson, Isaac Knight, Dillon P. Myers, John G. Myers, William Porter, Stuart Seelye, John French, Z. A. Paine, Robert Mowe, Junior, Daniel J. Odell, John M'Coull, Gideon Knight, Justus Wetmore, John J. Robinson, Thomas Jones, Richard Magee, Philo Seelye, John E. Messenett, Reuben Brockway, Junior, Kilburn G. Robinson, Alfred Gillmor, Arthur Hill Gillmor, Hugh Matheson, Hugh McCallum, Henry Frye, Edward Seelye, George V. Knight, James Vernon, Barnard Buckman, John Wheaton, and such other persons as shall from time to time become proprietors of shares in the Company hereby established, their successors and assigns, shall be and they are hereby declared, ordained, and constituted to be a Corporation, body politic and corporate, by the name of "The Magaguadavic Railway Company," and shall by that name have prepetual succession and a common seal, and shall and may by the said name sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended in all Courts and places whatsoever, and shall also have power and authority to purchase, hold, and enjoy lands, tenements, and hereditaments, for them and their successors and assigns, for making the said Railway, and for settlers on the line of the said Railway, and generally for the purposes of carrying the provisions of this Act into effect; and also that they the said Company shall from time to time and at all times have full power and authority to constitute, make, ordain, and establish such bye laws, regulations, and ordinances as may be deemed necessary for the good rule and government of the said Company, provided that such bye laws, regulations, and ordinances as may be deemed necessary, be not contradictory or repugnant to the laws of this Province; and provided also, that no bye laws, regulations, and ordinances made under and by virtue of the power and authority of this Act, shall be of any force or effect until one calendar month after a true copy of such bye laws, regulations, and ordinances, certified under the hand of the President of the said Company, shall have been laid before the Lieutenant Governor or Administrator of the Government in this Province for the time being, for his approval or disapproval, unless the Lieutenant Governor

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