An Act to incorporate The Carillon and Grenville Rail-way Company.

Reserved for the signification of Her Majesty's pleasure, 28th July, 1847.

The Royal Assent given by Her Majesty in Council on the 15th April, 1848; and Proclamation made thereof by His Excellency JAMES, EARL OF ELGIN AND KINCARDINE, in the Canada Gazette of the 24th June, 1848.

W

ted for the

purposes of certain corporate powers them.

this Act and

conferred on

WHEREAS the construction of a Rail-way from Carillon to Grenville would Preamble. greatly contribute to the facility of intercourse between those parts of this Province lying upon the River Ottawa and the City of Montreal, and to the advancement and prosperity of this Province generally; and whereas the several persons hereinafter named are desirous to make and maintain the said Rail-way: 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, 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 Charles Certain perJ. Forbes, Hosea B. Smith, David Davidson, James Scott, Thomas Kaines, William sons incorporaMurray, John Matthewson, D. P. Janes, W. Ogden, Alexander Simpson, J. G. Mackenzie, Thomas Tait, James Torrance, William Carter, J. Paterson, Haviland L. Routh and Allan Gilmour, together with such person or persons as shall, under the provisions of this Act, become subscribers to and proprietors of any share or shares in the Railway hereby authorized to be made and other works and property hereinafter mentioned, and their several and respective heirs, executors, administrators, curators and assigns, being proprietors of any such share or shares, are and shall be, and be united into a Company for carrying on, making, completing and maintaining the said intended Railway and other works, according to the rules, orders and directions hereinafter expressed, and shall for that purpose be one body politic and corporate by the name of The Carillon Corporate and Grenville Rail-way Company, and by that name shall have perpetual succession name. and shall have a common seal, and other the usual powers and rights of bodies corporate not inconsistent with this Act, and by that name shall and may sue and be sued, and also shall and may have power and authority to purchase and hold lands, (which word Word 'Lands' shall throughout this Act be understood to include the land and all that is upon or how underbelow the surface thereof, and all the real rights and appurtenances thereunto belong- Act. ing,) for them and their successors and assigns, for the use of the said Rail-way and works, (saving nevertheless to the Seignior or Seigniors within whose censive the lands, tenements and hereditaments so purchased may be situate, his and their several

stood in this

be made on

any plan.

several and respective droits d'indemnité, and all other Seigniorial rights whatever,) and also to alienate and convey any of the said lands, purchased for the purposes aforesaid; and any person or persons, bodies politic or corporate, or communities may give, grant, bargain, sell or convey to the said Company any lands for the purposes aforesaid, Rail-way may and the said Company shall be and are hereby authorized and empowered from and after the passing of this Act, by themselves, their deputies, agents, officers, workmen and servants, to make and complete a Rail-way to be called The Carillon and Grenville Rail-way, with one or more sets of rails or tracks, and to be worked by locomotive engines, or on the atmospheric principle, or in such other mode as the said Company may deem expedient, from some place in the County of Two Mountains, at or near the Village of Carillon, to some place in the said County, at or near the Village of Grenville, and in as direct a line as may be found convenient, and to erect wharves, warehouses, stores and other buildings at either termination, and at such other places on the line of the said Rail-way as they may deem expedient.

Direction of the said Rail

way.

Gauge to be 4ft 8 in. unless otherwise

Governor in

Council.

II. Provided always and be it enacted, That the gauge upon which the said rail shall be constructed and which shall be used in the said Rail-way, shall be four feet eight ordered by the and a half inches, unless, within one calendar month, the Governor of this Province in Council, shall, by order in Council, determine upon any different gauge, and that upon communication to the said Company of any Order in Council establishing any different gauge, the gauge so established shall be the one used in the said road as if the same had been established in and by this Act.

Power to the
Company to

set out and
survey lands

necessary for their works,

&c.

To get and place materials,

III. And be it enacted, That for the purposes aforesaid, the said Company, their deputies, servants, agents and workmen, are hereby authorized and empowered to enter into and upon any lands and grounds of the Queen's Most Excellent Majesty, not hereinafter excepted, without leave or license previously had therefor, or of any person or persons, bodies politic or corporate, or collegiate, or communities or parties 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 the said intended Rail-way and other works hereby authorized, and all such works, matters and conveniences as they shall think proper and necessary for making, effecting, preserving, improving, completing, maintaining and using the said intended Railway and other works, and also to bore, dig, cut, trench, get, remove, take, carry away, and lay earth, clay, stone, soil, rubbish, trees, roots of trees, beds of gravel or sand, or any other matters or things which may be dug or got in making the said intended Railway or other works, on or out of the lands or grounds of any person or persons joining or lying convenient thereto, and which may be proper, requisite or necessary for making or repairing the said intended Rail-way, or the works incidental or relative thereto, or which may hinder, prevent or obstruct the making, using or completing, extending or maintaining the same respectively, according to the intent and purpose of To erect build this Act; and to make, build, erect and set up, in or upon the said intended Rail-way, ings, machineor upon their lands adjoining or near the same respectively, such and so many houses, sy, &c. warehouses, toll-houses, watch-houses, telegraphs or other signals, weighing beams, cranes, fire-engines, steam-engines, or other engines, either stationary or locomotive, inclined planes, machines, and other works, ways, roads and conveniences, as and when the said Company shall think requisite and convenient for the purposes of the said Rail-way and works; and also from time to time to alter, repair, divert, widen, enlarge and extend the same, and also to make, maintain, repair and alter any fences or passages over, under or through the said intended Rail-way, and to construct, erect

ad

and

and keep in repair any bridges, arches and other works upon and across any rivers or brooks for the making, using, maintaining and repairing the said intended Rail-way; and to turn any such brook, river or water-course, and to change its course; and to construct, erect, make and do all other matters and things which they shall think convenient and necessary for the making, effecting, extending, preserving, improving, completing, and easy using of the said intended Rail-way and other works, in pursuance of, and according to the true intent and meaning of this Act, they, the said Company, doing as little damage as may be, in the execution of the several powers to them hereby granted, and making satisfaction in manner hereinafter mentioned to the owners or proprietors of, or the persons interested in the lands, tenements or hereditaments, water, water-courses, brooks or rivers respectively, which shall be taken, used, removed, prejudiced, or of which the course shall be altered, or for all damages to be by them sustained in or by the execution of all or any of the powers given by this Act; and this Act shall be sufficient to indemnify the said Company and their servants, agents or workmen, and all other persons whatsoever for what they, or any of them, shall do by virtue of the powers hereby granted, subject nevertheless to such provisions and restrictions as are hereinafter mentioned.

IV. Provided always, and be it enacted, That the said Company shall not carry the said Rail-way along any highway, but shall merely cross the same in the line of the said Rail-way, whatever be the angle at which such line shall intersect the said highway; and before they shall in any way obstruct such highway with their works, they shall turn the said highway at their own charges so as to leave an open and good passage for carriages free from obstructions, and when their works are completed, they shall replace the said highway or street, under a penalty of five pounds currency, for any contravention, over and above all damages sustained by any party; but in any case the rail itself, provided it does not rise above or sink below the surface of the road more than one inch, shall not be deemed an obstruction.

"

V. And be it enacted, That for the purposes of this Act, the said Company shall and may by some sworn Land Surveyor for Lower Canada, and by an Engineer or Engineers by them to be appointed, cause to be taken and made, surveys and levels of the lands through which the said intended Rail-way is to be carried, together with a map or plan of such Rail-way, and of the course and direction thereof, and of the said lands through which the same is to pass, and the lands intended to be taken for the several purposes authorized by this Act, so far as then ascertained, and also a book of reference for the said Rail-way, in which shall be set forth a general description of the said several lands, and the names of the owners, occupiers and proprietors thereof, so far as they can be ascertained by the said Company, and in which shall be contained every thing necessary for the right understanding of such map or plan; which said map or plan and book of reference shall be examined and certified by the person performing the duties formerly assigned to the Surveyor General or his Deputies, who shall deposit copies thereof in the office of the Prothonotary of the Court of Queen's Bench for the District of Montreal, and also in the office of the Secretary of the Province, and shall also deliver one copy thereof to the said Company; and all persons shall have liberty to resort to such copies so to be deposited as aforesaid, and to make extracts or copies thereof as occasion shall require, paying to the said Secretary of the Province, or to the said Prothonotary, at the rate of six pence, current money of this Province, for every hundred words; and the said triplicates of the said map or plan and book of reference,

Certified

copies to be

evidence.

When the
Rail-way cros-

reference, so certified, or a true copy or copies thereof, certified by the Secretary of the Province, or by the Prothonotary of the Court of Queen's Bench for the said District, shall severally be, and are hereby declared to be good evidence in all Courts of Law and elsewhere.

VI. Provided always, and be it enacted, That where the said Rail-way shall cross ses any high any highway, (which word shall in this Act, include all public roads, streets, lanes or

ses

way, the rail,

&c., to be within one

inch of the surface.

Height and breadth of bridges over

other public ways or communications,) neither the rail nor any other part of the Railway or works connected therewith, shall rise above the level of such street or highway, or sink below the level of such street or highway more than one inch; and the said Rail-way may be carried across any highway or above any highway within the limits

aforesaid.

VII. Provided always, and be it enacted, That where any bridge shall be erected or made by the said Company, for the purposes of carrying the said Rail-way over across any highway. any highway, the space of the arch of any such bridge shall be formed and shall at all times be and be continued of such breadth as to leave a clear and open space under every such arch of not less than twenty feet, and a height from the surface of such highway to the centre of such arch, of not less than sixteen feet; and the descent under any such bridge shall not exceed one foot in twenty feet.

Descent under bridges.

And of bridges carrying a

road over the Rail-way.

Fence to bridge.

Precautions to be observed when the

Rail-road crosses a highway

on a level.

Company not

to deviate more

from the line

shewn in the nap.

VIII. Provided always, and be it enacted, That in all places where it may be necessary to erect, build or make any bridge or bridges for carrying any highway over the Railway, the ascent of every such bridge for the purpose of every such highway shall not be more than one foot in twenty feet; and a good and sufficient fence shall be made on each side of every such bridge, which fence shall not be less than four feet above the surface of such bridge.

IX. Provided always, and be it enacted, That the said Company shall, at each and every place where the said Rail-way shall cross any highway on a level, erect and keep up a sign-board stretching across the highway at such height as to leave sixteen feet from the highway to the lower edge of the sign-board, and having the word "RAIL-WAY CROSSING" painted on each side of such sign-board, in both languages, and in letters not less than six inches in length; and for each and every neglect to comply with the requirements of this section, the said Company shall Incur a penalty not exceeding five pounds currency.

X. And be it enacted, That the said Company, in making the said intended Railthan one mile way, shall not deviate more than a mile from the line of the Rail-way, or from the places assigned to the several works of the Company in the map or plan and book of reference deposited aforesaid, nor cut, carry, place, lay down or convey the said Rail-way into, through, across, under or over any part of any lands or grounds not shewn and mentioned in such map or plan and book of reference, as being required for such purpose, or as being within one mile of the said line and of the places assigned therein to the said works respectively, (save in such instances as are herein specially provided for,) without the consent of the party or parties who could, under the provisions of consent of par- this Act, convey such lands.

Except by

ties.