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Legislature

may purchase entire estate, &c. of Road from Company.

from the said Company the entire estate, use and property of the said Road to and for the use of the public, in such manner and form as the Legislature of this Province may by Legislative enactment hereafter provide.

XLI. And be it enacted, That the Legislature of this Province may at any time whatever purchase the entire estate, property and use of the said Road from the said Company, paying to the said Company the capital so as aforesaid actually expended, together with fifteen per centum advance thereupon, to the credit of which payment all revenue exceeding ten per centum upon the bona fide expenditure, and over and above the expense of maintaining and repairing the said Road, shall be charged and Compensation taken; and it is also hereby provided and declared, that if any deficiencies of the said ten per centum annual profit should occur at any time, such deficiencies shall also be chargeable against the increasing revenue of the subsequent years, so that the Company may fairly and actually receive ten per centum profit on their said bona fide expenditure for the whole time they shall enjoy the estate, rights and privileges acquired under the authority of this Act; anything herein contained to the contrary thereof in anywise notwithstanding.

how to be calculated.

Annual accounts to be

attested.

XLII. And be it enacted, That it shall be the duty of the said Corporation and of laid before Le- the person intrusted with the chief direction of its affairs to lay annually before the gislature duly three Branches of the Legislature of this Province, in the course of the first fifteen days after the opening of the Session, a general statement, upon the oath of the President or Vice-President of the said Company, before any Justice of the Peace, of the affairs of the said Company, showing as well the amount of its liabilities as the assets or means of meeting the same; and such President or Vice-President being charged before any competent Court with wilful false swearing in the matter of such statement shall be tried, and if found guilty be punished in like manner as if he had been charged and convicted of the crime of wilful and corrupt perjury.

Penalty for false attesta

tion.

Legislature

may alter pro

Act, so as to protect rights.

XLIII. And be it enacted, That notwithstanding the privileges that may be convisions of this ferred by this Act, the Legislature may at any time hereafter in their discretion make such additions to this Act or such alteration of any of its provisions as they may think proper for affording just protection to the public or to any person or persons, body politic or corporate, in respect to their estate, property or rights, or any interest therein, or any advantage, privilege or convenience connected therewith, or in respect to any way or right of way, public or private, that may be affected by any of the powers given to this Corporation.

Limitation of actions.

Public Act.

XLIV. And be it enacted, That if any action or suit shall be brought against any person or persons for any matter or thing done in pursuance of this Act, such action or suit shall be brought within twelve calendar months next after the fact committed, and not afterwards, and the Defendant or Defendants in such action or suit may plead the general issue only, and give this Act and the special matter in evidence on the trial.

XLV. And be it enacted, That this Act shall be taken to be a Public Act, and as such shall be judicially noticed by all Judges, Justices of the Peace and other persons, without being specially pleaded.

MONTREAL :-Printed by STEWART DERBISHIRE & GEORGE DESBARATS
Law Printer to the Queen's Most Excellent Majesty.

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An Act to amend the Act incorporating "The Etobicoke and Mono Sixth.
Line Road Company."

WE

[ 28th July, 1847. ]

HEREAS it is expedient to amend the Act passed in the ninth year of Her Preamble. Majesty's Reign, and intituled, An Act to incorporate certain persons under the 9 Vict., c. name of the Etobicoke and Mono Sixth-Line Road Company: Be it therefore enacted 83, cited. 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 Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That for and notwithstanding any thing in the said Act contained, the Subscribers respectively for the Stock of the said Company shall at the time of subscribing therefor pay ten per centum upon the Capital Stock for the whole amount for which any such Subscriber may respectively subscribe instead of paying one third thereon, as mentioned in the fifth section of the said Act, and that the subscription books shall remain open in the manner by the third section of the said Act provided, until the first day of September next after the passing of this Act.

II. And be it enacted, That so soon as one thousand pounds of the Capital Stock of the said Company shall have been subscribed, the Directors of the said Company may be chosen, in the manner provided by the seventh section of the said Act, and the said Directors shall be capable of serving until the first Monday in January, one thousand eight hundred and forty-eight; and the Annual Election for Directors shall take place on the first Monday in January of every year thereafter, at such place and hour of the day as the said Directors or a majority of them shall appoint and publish in that behalf; anything in the said Act contained to the contrary notwithstanding.

Ten per cent. only to be paid stock at time of subscribing.

on capital

Directors to be

chosen when

ever £1,000 is subscribed.

expended may

III. And be it enacted, That an amount not exceeding ten per centum on the Capi- Ten per cent. tal actually expended on the said Road, may be taken and appropriated to the Stock- on capital holders, by the said Company, instead of six per centum as provided in the seventeenth section of the said Act.

MONTREAL :-Printed by STEWART DERBISHIRE & GEORGE DESBARATS,

be appropriated

to Sharehold

ers.

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An Act to incorporate certain persons as The Guelph and Arthur Road
Company.

[ 28th July, 1847. ]

porated.

WHEREAS certain inhabitants of the District of Wellington have petitioned for Preamble. the passing of an Act incorporating a Joint Stock Company for the purpose of constructing a Plank, macadamized or gravelled Road, from the Town of Guelph in the said District of Wellington towards the Village of Arthur, in the Township of Arthur, according to the survey made by the District Council of the said District; and whereas it is expedient to incorporate a Joint Stock Company for the purpose aforesaid, with the powers and under the provisions hereinafter mentioned: 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 Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That George John Certain perGrange, Adam Johnston Fergusson, Benjamin Babington, Daniel Macnab, Alexander sons incorDingwall Fordyce, William Hewat, William Clarke, Thomas Sandilands, James Hodgert, William Mutch, Thomas Webster, Alexander Drysdale, John Watt, Geo. Jardine, Gilbert Hunter, Saml. Broadfoot, Geo. C. Hamilton, Alex. Harvey and John McNaught, with all such other persons as shall become Stockholders in such Joint Stock Company as is hereinafter mentioned, shall be and are hereby ordained, constituted and declared to be a body corporate and politic by and under the name and style of The Guelph and Arthur Road Company, and by that name they and their successors shall and may have continued succession, and by such name shall be capable of contracting and being contracted with, of suing and being sued, pleading and being impleaded, answering and being answered unto, in all Courts and places whatsoever, in all manner of actions, suits, complaints, matters and concerns whatsoever; and they and their successors may and shall have a common seal, and may change and alter the same at their will and pleasure, and also that they and their successors by the same name of The Guelph and Arthur Road Company, shall be by law capable of purchasing, Corporate having and holding to them and their successors any estate, real or personal or mixed, name and to and for the use of the said Company, and of letting, conveying and otherwise departing therewith for the benefit and on account of the said Company from time to time as they shall deem necessary and convenient: Provided always nevertheless, that the Proviso as to real estate to be held by the said Company shall be only such as shall be required to

powers.

Real Estate.

Company empowered to make a road

limits.

be held by them for the purpose of making, using and preserving the road hereby authorized to be constructed, and for objects immediately connected therewith.

II. And be it enacted, That the said Company and their agents or servants shall have full power under this Act to lay out, construct, make and finish a plank, within certain macadamized or gravelled, or a partly planked, partly macadamized and partly gravelled Road, at their own costs and charges, on and over that part of the country in the said District of Wellington, lying between the said Town of Guelph and the Village of Fergus, on the direct line of road from the said Town of Guelph to the said Town of Arthur, and following as near as conveniently may be the direction of the present travelled road as laid out by the District Council of the said District..

Company may agree with

for the purchase, damages, &c.

III. And be it enacted, That the said Company are hereby empowered to contract, owners of land compound, compromise and agree with the owners and occupiers of any lands upon which they may determine to construct the said Road hereby authorized to be constructed, either by purchase of so much of the said land and privileges as they shall require for the purposes of the said Company or for the damages which he, she or they shall and may be entitled to receive of the said Company, in consequence of the said intended Road being made and constructed in and upon his, her or their respective lands; and in case of any disagreement between the said Company and the owner or owners, occupier or occupiers as aforesaid, it shall and may be lawful from time to time for each owner or occupier so disagreeing with the said Company either upon the value of the lands and tenements or private privileges proposed to be purchased, or Arbitrators in upon the amount of damages to be paid to them as aforesaid, to nominate and appoint one or more indifferent person or persons, and for the said Company to nominate an equal number of indifferent persons, who, together with one other person to be elected by ballot by the persons so named, shall be Arbitrators to award, determine and adjudge and order the respective sums of money which the said Company shall pay to the respective persons entitled to receive the same.

case of differ

ence.

Arbitrator to

be named by the District Judge if the party neglects

to appoint one.

Proceedings
of the Arbitra-
tors.

Award final.

Company may

IV. And be it enacted, That if after eight days' notice in writing given to the party so disagreeing as to the value aforesaid, such party shall not nominate or appoint an Arbitrator or Arbitrators as aforesaid on his part, then and in such case the Judge of the District Court of the District in which the land is situate shall and may nominate and appoint one or more Arbitrator or Arbitrators to act on their behalf with the same powers and authority as if appointed by the party or parties so refusing or neglecting to appoint an Arbitrator or Arbitrators in his or their behalf, and to meet and ballot for the additional Arbitrator or Umpire.

V. And be it enacted, That the Arbitrators so appointed shall fix a convenient day for hearing the respective parties, and shall give eight days' notice at least of the day and place, and having heard the parties or otherwise examined into the merits of the matters so brought before them, the said Arbitrators or a majority of them shall make their award or arbitration thereupon in writing, which award or arbitrament shall be final as to the value so in dispute as aforesaid.

VI. And be it enacted, That if the party so disagreeing refuse to accept the value take possession of land or damage so ascertained by the Arbitrators as aforesaid till the end of the refusal of the next ensuing Term in Her Majesty's Court of Queen's Bench, in that part of the

on payment or

amount award

ed.

Province

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