of Act. ber. ber. Gender. XV. And be it enacted, That the word "society" in this Act shall be un- Construction derstood to include the said Building Society and Institution; the word "rules" to include rules, orders and regulations; and every word importing the singular num- Singular number shall extend and be applied to several persons and things as well as one person and thing, and bodies corporate as well as individuals; and every word importing the plural number shall extend and be applied to one person or thing as well as Plural numseveral persons and things; and every word importing the masculine gender only shall extend and be applied to a female as well as a male; the words "real estate" shall extend and apply to immoveable estate and property generally, and the word "securities" shall extend and apply to privileges, mortgages and hypotheques and incumbrances, upon real and immoveable estate, as well as to other rights and privileges upon personal estate and property; "member " shall include members and honorary members; and that this Act shall extend to aliens, denizens and females, both to make them subject thereto, and to entitle them to all the benefits given thereby; and that this Act shall be construed in the most beneficial manner General Rule, for promoting the ends thereby intended. XVI. And be it enacted, That this Act shall be deemed a Public Act, and shall Public Act extend to all Courts of Law or Equity in this Province, and be judicially taken notice of as such by all Judges, Justices and other persons whatsoever, without the same being specially shown or pleaded. MONTREAL :-Printed by STEWART DERBISHIRE and GEORGE DEsbarats, An Act to incorporate certain persons under the name and style of The President, Directors and Company of the Humber Harbour and Road. [29th March, 1845.] HEREAS the construction of a safe and commodious harbour at the mouth of Preamble. the River Humber, and the improvement of the Roads on the east and west side leading from the deep waters of the same to the four corners at Conat's Tavern, in the Township of Etobicoke, on the west side, or to cross, or to intersect the western Road Company's road in the Township of York, on the east side, or such other termination or extension as the interests of the said Company and the wants of the public may warrant, would manifestly tend to the advancement of that part of this Province; And whereas Wm. Gamble, J. Scarlett, Charles Wadsworth, W. R. Wadsworth, Wm. A. Gibson, E. C. Scarlett, J. A. Scarlett, John Wolfe, Wm. P. Howland, James Haines, Samuel Snelgrove, Robert Craig, Edward Mussen, George Baker and Robert Porritt, have petitioned to be by law incorporated for the purpose of effecting the construction of such harbour and roads by means of a Joint Stock Company: 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 the said William Gamble, J. Scarlett, Charles Wadsworth, W. R. Wadsworth, William A. Gibson, E. C. Scarlett, J. A. Scarlett, John Wolf, P. Howland, James Haines, Samuel Snelgrove, Robert Craig, Edward Mussen, George Baker and Robert Porritt, together with all such other persons Certain persons incorporated as the "Humber Harbour and Road Compa ny." Company to construct a Harbour. Capital of Company £10,000. Shares transferable. Surveying Commissioners, &c. persons as shall become Stockholders in such Joint Stock or Capital as is hereinafter mentioned, shall be and are hereby ordained, constituted and appointed to be a body corporate and politic in fact and in law, by and under the name and style of the President, Directors and Company of the Humber Harbour and Road, and that by this 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 suits, actions, complaints, matters and causes whatsoever, and that 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 said name of the President, Directors and Company of the Humber Harbour and Road, shall be in law capable of purchasing, having and holding to them and their successors any estate, real, personal and mixed, to and for the use of the said Company, and of letting, conveying or otherwise departing therewith, for the benefit and on the account of the said Company, from time to time as they shall deem necessary and expedient. II. And be it enacted, That the said Company are hereby auhorized and empowered, at their own costs and charges, to construct a Harbour at the mouth of the River Humber aforesaid, which shall be accessible to, and fit, safe and commodious for the reception of such description and burthen of Vessels as commonly navigate Lake Ontario, and to improve the Roads leading thereto; and also to erect and build all such needful moles, piers, wharves, buildings and erections whatsoever as shall be safe and proper for the protection of the said Harbour, and for the accommodation and convenience of vessels entering, lying, loading and unloading within the same, and to alter and amend, repair and enlarge the same, as may be found expedient and necessary. III. And be it enacted, That the whole Capital or Stock of the said Company, inclusive of any real estate which the Company may have or hold by virtue of this Act shall not exceed in value ten thousand pounds, to be held in eight hundred shares of twelve pounds ten shillings each, and that the shares of the said Capital Stock may, after the first instalment shall have been paid in, be transferred by the respective persons subscribing or holding the same to any other person or persons, and such transfer shall be entered or registered in a book or books to be kept for that purpose by the said Company. IV. And be it enacted, That J. Rankin, Esquire, Surveyor, Toronto, Robert Lynn, District Surveyor, and Wm. Cambers, of Etobicoke, Engineer, shall be and they are hereby appointed Commissioners to ascertain, determine and point out what portion or portions of land it shall and may be necessary for the said Company to have possession possession of and occupy in order to construct the said Harbour and Roads, with all necessary and convenient Roads, Streets and approaches thereto, which portion or portions of land so ascertained and pointed out, the said Company are hereby authorized to enter into and upon, and to take possession of and hold and enjoy the same for the purposes aforesaid upon payment, or tender within one month, to the owner or owners thereof or party entitled to receive the same, of the value of such property so required, and the said value shall be ascertained by the award of the said Commissioners, and by three persons to be chosen by the party whose property is to be taken, and in case they cannot agree they shall choose an Arbitrators. umpire and the decision of the majority shall be final, and that reasonable notice shall be given to the person or persons whose property is intended to be taken, and if such person or persons fail to appoint three persons to act as arbitrators, or the said arbitrators should neglect to act, then it shall be the duty of the Chairman of the Quarter Sessions of the District, together with the said three Commissioners, to make the said valuation, and the same shall be binding and final; and the said Commissioners shall and they are hereby required to attend from time to time at some convenient place in the vicinity of the said intended Harbour or Roads to be appointed by the Directors of the said Company for the time being, after eight days notice given them for that purpose by the said Directors, then and there to do and perform all things necessary to be by them done under and by virtue of this Act: Provided always, that any award or awards made under this Act shall be subject to Proviso. be set aside on application to the Court of Queen's Bench in the same manner and on the same grounds as in ordinary cases of submission by the parties, in which case reference may be again had in the manner aforesaid: Provided always, that Proviso. the Commissioners aforesaid shall not be authorized to select, nor the said Company to take possession of a greater portion of land than one acre, with a front not more than one hundred feet on the water in any one locality for the purpose of the erection of wharves and storehouses, or one chain in width for the said Roads. V. And be it enacted, That as soon as the said Harbour and Roads shall be so Tolls and far completed as to be capable of receiving and sheltering Vessels and being tra- Harbour dues. velled upon, the said Company shall have full power and authority to ask for and demand, receive, recover and take as Toll to and for their own proper use, benefit and behoof, on all goods, wares and merchandize shipped or landed in or out of any Vessel or Boat from or upon any part of the Lake shore lying within Humber Bay, eastward and westward of the said Humber River, or from or upon the Banks of the said River within the distance of one quarter of a mile on each side from the mouth thereof, and upon all Vessels and Boats entering the said Harbour, not exceeding the rates following, that is to say: Pot and Pearl Ash per barrel, six Amount of pence; Pork, Whiskey, Salt Beef and Lard, per barrel, four pence half-penny; Tolls, &c. Flour per barrel, two pence, and not to exceed four pence; Merchandize per barrel bulk, |