« EelmineJätka »
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 calls 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 bronght 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 hereinbefore
mentioned, and that such works are upon such land. Forfeitures XLIII. And be it enacted, That all fines and forfeitures imposed by this Act, or under this Act 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 not otherwise levying and recovering of which fines and forfeitures are not particularly herein directprovided for. ed, 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 wit
ness (which oath or affirmation such Justice or Justices are hereby empowered and reLery by dis
panese and equired to administer without fee or reward,) be levied by distress and sale of the of goods and 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 herein before 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 re
covering 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. Appeal to the XLIV. And be it enacted, That if any person or persons shall think himself, General Sessions,
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
Limitation of actions for things done under this Act.
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 Costs to detheir action or suit after the Defendant or Defendants shall have appeared, or if judg- Paintieri fatih. ment 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 by law.
XLVI. And be it enacted, That any contravention of this Act by the said Company, Any contraor by any other party, for which no punishment or penalty is herein provided, shall be mention of this a misdemeanor, and shall be punished accordingly; but such punishment shall not wise punishexempt the said Company (if they be the offending party) from the forfeiture of this misdemeanor. 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 Her Majesty time before or after the said Rail-way is completed, assume the possession and proper- may assumo ty thereof, and of all the property which the said Company is hereby empowered to on certain conhold and shall then have, and of all the rights, privileges and advantages vested by ditions. 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 Company anthree Branches of the Legislature, within the first fifteen days after the opening of each mually to subSession of the Provincial Parliament, after the opening of the said Rail-way, or any part xislature dethereof 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 Further pro
vision may be make with regard to the form or details of such account, or the mode of attesting or
made touching rendering the same, shall be deemed an infringement of the privileges hereby granted such accounts. to the Company.
XLIX. And be it enacted, That nothing herein contained shall be construed to Company not except the Rail-way by this Act authorized to be made, from the provisions of any
any general general Act relating to Rail-ways which may be passed during the present or any Rail-way law. future Session of Parliament.
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 fights, and of 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.
LI. And be it enacted, That the said Company shall not proceed to lay down or to commence the construction of the said Rail-way, until shares to the amount of one hundred and fifty thousand pounds shall have been taken in the Capital Stock of the said Company, and ten pounds per centum thereon shall have been paid into the hands of the Treasurer of the Company, nor until the said election of Directors hereinbefore in that behalf provided, shall have been held.
LII. And be it enacted, That the survey map and book of reference in the fourth section of this Act mentioned shall be made, and the said map and book of reference shall be deposited, as in that section provided, within three years from the passing of this Act, and the said Rail-way hereby authorized shall be completed within ten years from the passing of this Act, or else every matter and thing herein contained shall be and become absolutely null and void, as to so much of the said line of Rail-way as shall not then be completed.
Survey and Map to be completed within three years, and Rail-way within ten.
LIII. And be it enacted, That this Act shall be deemed' and taken to be a Public Act, and as such shall be judicially taken notice of by all Judges, Justices of the Peace, and others, without being specially pleaded.
MONTREAL :-Printed by STEWART DERBISHIRE & GEORGE DESBARATS,
Law Printer to the Queen's Most Excellent Majesty,
1847,-10° & 11° VICTORIÆ,
THIRD SESSION, SECOND PARLIAMENT, .
Lawrence, and to dispense, as respects them, with the Property Qualification by law
Reign, intituled, An Act to consolidate and amend the Registry Laws of that part of
Reign of Her Majesty, intituled, An Act to prevent Obstructions in Rivers and Ritz-
XXVI. An Aci to incorporate the Members of the Medical Profession in Lower Canada,
and to regulate the Study and Practice of Physic and Surgery therein,
Pilots a certain class of persons therein mentioned,
XXIX. An Act to amend the Law for the admission of Attornies and Calling of Barristers
in Upper Canada,