transfer ap

XXXIII. And be it enacted, That the sale of the said shares shall be in the form fol- Form of the lowing, varying the names and descriptions of the contracting parties, as the case may pointed. require:

"I, A. B., in consideration of the sum of "to me by C. D., of "transfer to the said C. D.

paid The form. do hereby bargain, sell and share (or shares)

"of the Stock of the Toronto and Goderich Rail-way Company, to hold to him the

66.

said C. D., his executors, administrators and assigns, subject to the same rules and "orders, and on the same conditions that I held the same immediately before the exe"cution hereof. And I, the said C. D. do hereby agree to accept of the said "share (or shares) subject to the same rules, orders and conditions. Witness our "hands and seals, this

" in the year

day of

Provided always, that no such transfer of any share shall be valid until all calls or Proviso. instalments then due thereon shall have been paid up.

Directors may
Treasurer and
Clerks, &c.

appoint a

XXXIV. And be it enacted, That it shall and may be lawful to and for the said Directors, and they are hereby authorized from time to time to nominate and appoint a Treasurer or Treasurers, and a Clerk or Clerks to the said Company, taking such security for the due execution of their respective offices as the said Directors shall think proper; and such Clerk shall in a proper book or books enter and keep a true Duty of the and perfect account of the names and places of abode of the several Proprietors of the Clerk. said Rail-way and other works, and of the several persons who shall from time to time become owners and proprietors of, or entitled to any share or shares therein, and of all the other acts, proceedings and transactions of the said Company and of the Directors for the time being, by virtue of and under the authority of this Act.

Company may establish goods, &c., passing on the with the conGovernor in

Tolls for

Rail-way,

sent of the

Council.

How Tolls

may be re

covered if not duly paid.

XXXV. And be it enacted, That it shall and may be lawful to and for the said Company from time to time, and at all times hereafter, to ask, demand, take and recover, to and for their own proper use and behoof, for all goods, wares, merchandize and commodities, of whatever description, transported upon the said Rail-way, such Tolls as they, with the approbation of the Governor or person administering the Government for the time being, may deem expedient; which said Tolls shall be from time to time fixed and regulated by By-laws of the Company, or by the Directors if thereunto authorized by the said By-laws, and shall be paid to such person or persons, and at such place or places near to the said Rail-way, in such manner and under such regulations as the said Company or the said Directors shall direct and appoint; and in case of denial or neglect of payment of any such rates or dues, or any part thereof, on demand, to the person or persons appointed to receive the same as aforesaid, the said Company may sue for and recover the same in any Court having competent jurisdiction, or the person or persons to whom the said rates or dues ought to be paid, may and he is, and they are hereby empowered to seize and detain such goods, wares and mer- Seizure of chandize or other commodities, for or in respect whereof such rates or dues ought to goods, &c. be paid, and detain the same until payment thereof; and in the meantime the said goods, wares, merchandize or other commodities shall be at the risk of the owner or owners thereof; and the said Company or the said Directors shall have full power, from Tolls may be time to time, at any General Meeting, with the like approbation aforesaid, to lower or lowered and reduce all or any of the said Tolls, and again to raise the same, as often as it shall be again raised.

Proviso

against mono

poly.

Account of profits to be

up at certain

periods.

deemed necessary for the interests of the said undertaking: Provided always, that the said Tolls shall be at all times charged equally to all persons after the same rate in respect of all passengers and of all goods or carriages of the same description, and conveyed or propelled by a like carriage or engine passing over the same portion of the line of Rail-way under the same circumstances, and no reduction or advance in any such Tolls shall be made directly or indirectly in favor of or against any particular Company, person or party travelling upon or using the Rail-way, or so as collusively or unfairly to create a monopoly either in the hands of the said Company or of any other Company, person or party.

XXXVI. And in order to ascertain the amount of the clear profits of the said underannually made taking-Be it enacted, That the said Company, or the Directors of the said Company, shall and they are hereby required to cause a true, exact and particular account to be kept and annually made up and balanced on the thirty-first day of December in each year, of the money collected and received by the said Company, or by the Directors or Treasurer of the said Company, or otherwise, for the use of the said Company, by virtue of this Act, and of the charges and expenses attending the erecting, making, supporting, maintaining and carrying on their works, and of all other receipts and expenditure of the said Company or the said Directors; and at the General Meetings of the Proprietors of the said undertaking, to be from time to time holden as aforesaid, a dividend shall be made out of the clear profits of the said undertaking, unless such Meetings shall declare otherwise; and such dividend shall be at and after the rate of so much per share upon the several shares held by the proprietors, in the joint stock of the said Company, as such meeting or meetings shall think fit to appoint or determine: Provided always, that no dividend shall be made whereby the capital of the said Company shall be in any degree reduced or impaired, nor shall any dividend be paid in respect of any share, after a day appointed for payment of any call for money in respect thereof, until such call shall have been paid.

Dividends to

be made from

time to time at

General Meet

ings.

Proviso

be impaired.

Fractions in

distance or in

weight of

certained and

regulated.

XXXVII. Provided always, and be it enacted, That in all cases where there shall be a fraction in the distance which goods, wares, merchandize or other commodities or goods, how as passengers shall be conveyed or transported on the said Rail-way, such fraction shall, in ascertaining the said rates, be deemed and considered as a whole mile, and that in all cases where there shall be the fraction of a ton in the weight of any such goods, wares, merchandize or other commodities, a proportion of the said rates shall be demanded and taken by the said Company of proprietors, to the number of quarters of a ton contained therein; and in all cases where there shall be a fraction of a quarter of a ton such fraction shall be deemed and considered as a whole quarter of a ton.

Directors may

fix the price

of parcels.

XXXVIII. Provided always, and be it enacted, That it shall and may be lawful to for the carriage and for the Directors of the said Company from time to time, with the like approbation aforesaid, to make such regulations for ascertaining and fixing the price or sum or sums of money to be charged or taken for the carriage of any parcel not exceeding one hundred and twenty pounds weight as aforesaid, upon the said Rail-way, or any part thereof, as to them shall seem fit and reasonable; and that the said Company shall from time to time print and stick up, or cause to be printed and stuck up in their office, and in all and every of the places where the Tolls are to be collected, in some conspicuous place there, a printed board or paper ascertaining all the Tolls payable under this Act,

Tables of
Tolls to be

publicly affix-
ed.

and

and particularising the price or sum or sums of money to be charged or taken for the carriage of such parcels not exceeding one hundred and twenty pounds weight as aforesaid.

XXXIX. Provided always, and be it enacted, That the said Company shall at all times when thereunto required by Her Majesty's Deputy Post Master General, the Commander of the Forces, or any person having the superintendence or command of any Police Force, carry Her Majesty's Mail, Her Majesty's Naval or Military Forces or Militia, and all artillery, ammunition, provisions or other stores for their use, and all Policemen, Constables, and others, travelling on Her Majesty's Service, on their said Rail-way, on such terms and conditions and under such regulations as the Governor or person administering the Government shall in Council appoint and declare; Provided always, that any further enactments which the Legislature of this Province may hereafter deem it expedient to make, with regard to the carriage of the said Mail or Her Majesty's Forces and other persons and articles as aforesaid, or the rates to be paid for carrying the same, or in any way respecting the use of any Electric Telegraph, or other service to be rendered by the Company to the Government, shall not be deemed an infringement of the privileges intended to be conferred by this Act.

XL. And be it enacted, That as soon as conveniently may be after the said Rail-way shall be completed, the said Company shall cause the same to be measured, and stones or posts, with proper inscriptions on the sides thereof denoting the distance, to be erected and for ever after maintained, at the distance of every mile from each other.

XLI. And be it enacted, That the said Company shall and are hereby required and directed to take sufficient security, by one or more bond or bonds, in a sufficient penalty or penalties, from their Treasurer, Receiver and Collectors for the time being, of the monies to be raised by virtue of this Act, for the faithful execution by such Treasurer, Receiver and Collectors of his and their office and offices respectively.

subscribing to of their shares.

pay the amount

XLII. And be it enacted, That the several persons who shall subscribe to advance Company may any money for and towards making and maintaining the said Rail-way and other works by action comconnected therewith or hereby authorized, and those who shall accept of any transfer of any share or shares of the Stock of the said Company, and their several heirs, executors, administrators and assigns, or others legally representing them, and having lawful possession or control of such share or shares, (all of whom shall be deemed proprietors of such share or shares for the purposes of this Section,) shall and they are hereby required to pay the sum or sums of money by them respectively subscribed, or such parts or portions thereof as shall from time to time be called for by the said Company, under and by virtue of the powers and directions of this Act, to such person or persons, and at such times and places as shall be directed by the said Company or the said Directors in manner before mentioned; and in case any person or persons shall neglect or refuse to pay the same at the time and in the manner required for that purpose, it shall be lawful for the said Company to sue for and recover the same with interest and costs in any Court of Law having competent jurisdiction; and in any such What must be action it shall be sufficient to allege that the defendant is a proprietor of a share (or of proved in such any number of shares, stating such number) in the stock of the said Company; that actions. certain sums of money were duly called for upon such share or shares by the said Company,

alleged and

Forfeitures

under this Act

how to be recovered and applied, when

not otherwise

provided for.

Levy by distrees and sale of goods and

chattels.

Company, under the authority of and in the manner provided by this Act, and were due and payable at a certain time or times, whereby an action hath accrued to the said Company to recover such sum or sums with interest and costs; and the production of the newspapers containing such cails shall be evidence that the same were made as therein stated; and neither in such action nor in any other action, suit or legal proceeding by the Company, shall the election of the Directors or the authority of them, or of any Attorney acting in the name of the Company, be called in question except by the Company, nor shall it in any such case be necessary to name the Directors or any of them; And that in any action which may be brought by the said Company against any person or persons for any injury to the said Rail-road or other works, it shall not be necessary for the said Company to prove any title to such land or other works, but merely that the said land is included in the map of the land set apart for the purpose of the said Rail-way and other works, so deposited as herein before mentioned, and that such works are upon such land.

XLIII. And be it enacted, That all fines and forfeitures imposed by this Act, or which shall be lawfully imposed by any By-law, to be made in pursuance thereof, (of which By-law, when produced, all Justices are hereby required to take notice,) the levying and recovering of which fines and forfeitures are not particularly herein directed, shall, upon proof of the offence before any one or more Justice or Justices of the Peace for any of the Districts through which the said Rail-way shall pass, either by the confession of the party or parties, or by the oath or affirmation of any one credible witness (which oath or affirmation such Justice or Justices are hereby empowered and required to administer without fee or reward,) be levied by distress and sale of the offender's goods and chattels, by Warrant under the hand and seal or hands and seals of such Justice or Justices; and all such fines, forfeitures or penalties by this Act imposed or authorized to be imposed, the application whereof is not hereinbefore particularly directed, shall be paid into the hands of the Treasurer or Receiver of the monies to be raised by virtue of this Act, and shall be applied and disposed of for the use of the said Rail-way or undertaking, and the overplus of the money raised by such distress and sale, after deducting the penalty and the expenses of the levying and recovering thereof, shall be rendered to the owner of the goods so distrained and sold; Imprisonment and for want of sufficient goods and chattels whereof to levy the said penalty and sufficient chat- expenses, the offender shall be sent to the Common Gaol for any of such Districts, there to remain without bail or mainprize for such term, not exceeding one month, as such Justice or Justices shall think proper, unless such penalty and forfeiture and all expenses attending the same, shall be sooner paid and satisfied.

for want of

tels.

Appeal to the General Sessions.

Limitation of actions for things done under this

Act.

XLIV. And be it enacted, That if any person or persons shall think himself, herself or themselves aggrieved by any thing done by any Justice or Justices of the Peace in pursuance of this Act, every such person or persons may, within four calendar months after the doing thereof, appeal to the Justices of the Peace at the General Quarter or General Sessions to be holden in and for the District.

XLV. And be it enacted, That if any action or suit shall be brought or commenced against any person or persons for any thing done or to be done in pursuance of this Act, or in the execution of the powers and authorities, or of the orders and directions hereinbefore given or granted, every such action or suit shall be brought or commenced within six calendar months next after the fact committed; or in case there shall be a

continuation

continuation of damage, then within six calendar months next after the doing or committing such damage shall cease, and not afterwards; and the Defendant or Defendants General issue. in such action or suit shall and may plead the general issue, and give this Act and the special matter in evidence at any trial to be held thereupon, and that the same was done in pursuance and by the authority of this Act; and if it shall appear to have been so done, or if any action or suit shall be brought after the time so limited for bringing the same, or if the Plaintiff or Plaintiffs shall be non-suit, or discontinue his, her or their action or suit after the Defendant or Defendants shall have appeared, or if judgment shall be given against the Plaintiff or Plaintiffs, the Defendant or Defendants shall have full costs, and shall have such remedy for the same as any Defendant or Defendants hath or have for costs of suit in other cases hy law.

XLVI. And be it enacted, That any contravention of this Act by the said Company, or by any other party, for which no punishment or penalty is herein provided, shall be a misdemeanor, and shall be punished accordingly; but such punishment shall not exempt the said Company (if they be the offending party) from the forfeiture of this Act and the privileges hereby conferred on them, if by the provisions thereof or by law the same be forfeited by such contravention.

XLVII. And be it enacted, That Her Majesty, Her Heirs and Successors, may at any time before or after the said Rail-way is completed, assume the possession and property thereof, and of all the property which the said Company is hereby empowered to hold and shall then have, and of all the rights, privileges and advantages vested by this Act in the said Company, (all which shall after such assumption be vested in Her Majesty, Her Heirs and Successors,) on giving to the said Company three months' notice of the intention to assume the same, and on paying to the said Company, within three months of the expiration of such notice, the whole amount of their Capital Stock then paid up and expended, with interest at ten per cent. on the paid up Capital, from the time of the paying up of the same until the time of the opening of the said Rail-way.

XLVIII. And be it enacted, That the said Company shall annually submit to the three Branches of the Legislature, within the first fifteen days after the opening of each Session of the Provincial Parliament, after the opening of the said Rail-way, or any part thereof to the public, a detailed and particular account, attested upon oath, of the monies by them received and expended under and by virtue of this Act, with a classified statement of the amount of tonnage and of passengers that have been conveyed along the said Rail-way; and no further provisions which the Legislature may hereafter make with regard to the form or details of such account, or the mode of attesting or rendering the same, shall be deemed an infringement of the privileges hereby granted to the Company.

XLIX. And be it enacted, That nothing herein contained shall be construed to except the Rail-way by this Act authorized to be made, from the provisions of any general Act relating to Rail-ways which may be passed during the present or any future Session of Parliament.

Costs to de

Plaintiff fail.

fendant if the

Any contravention of this wise punish misdemeanor.

Act not other.

able to be a

rights, and of

L. And be it enacted, That nothing herein contained shall affect or be con- Saving of Her strued to affect, in any manner or way whatsoever, the rights of Her Majesty, Her Majesty's Heirs and Successors, or of any person or persons, or of any bodies politic, corporate all other peror collegiate, such only excepted as are herein mentioned.

sons, &c.

LI.