Bridge to be kept in good repair by Barsalou. Provision if do. 12. The said Joseph Barsalou shall be bound to keep and maintain the said bridge and dependencies in good repair, so as to afford a safe and convenient passage for travellers, cattle, and vehicles; and in case the said bridge shall at any time he fails so to become impassable or unsafe, the said Joseph Barsalou, his heirs, and assigns, shall, and they are hereby required, within one year from the time at which the said bridge shall, by the Court of Queen's Bench in the exercise of its criminal jurisdiction, in and for the said District of St. Hyacinth, be ascertained to be impassable or unsafe, and notice thereof to them by the said Court shall have been given, to cause the same to be made safe and commodious for the passage of travellers, cattle, and carriages; and if within the time last mentioned the said bridge be not repaired or rebuilt, as the case may require, then the said bridge, or such part thereof as shall be remaining, shall be and be taken, and considered to be the property of Her Majesty, and the said Joseph Barsalou and his assigns shall cease to have any right, title or claim of, in, or to the said bridge. Her Majesty's 13. Nothing in this Act, or in any provision thereof, shall rights saved. extend to diminish or extinguish the rights and privileges of Her Majesty the Queen, Her Heirs and Successors, nor of any person or persons, body politic or corporate, in any of the things therein mentioned, except as to the power and authority hereby given to the said Joseph Barsalou. Enforcement 14. The penalties hereby inflicted shall, upon proof of the of penalties. offence respectively before any one or more of the Justices of the Peace for the said District of St. Hyacinth, either by the confession of the offender or by the oath of one or more credible witnesses (which oath such Justices or either of them are hereby empowered to administer), be levied by distress and sale of the goods and chattels of such offender, by warrant signed by such Justice or Justices of the Peace, and one-half of such penalties respectively shall belong to Her Majesty, and the other half to the person suing for the same; and the proceedings in such cases shall be conducted in conformity with the provisions of Chapter one hundred and three of the Consolidated Statutes of Canada, "respecting the duties of Justices of the Peace out of Sessions, in relation to summary proceedings and orders." Fines, &c., reserved. Dimensions of bridge. 15. The moneys to be levied by virtue of this Act, and not hereinbefore granted to the said Joseph Barsalou, his heirs and assigns, and the several fines and penalties hereby inflicted, shall be, and the same are hereby reserved to Her Majesty, Her Heirs and Successors, for the public uses of this Province and the support of the Government thereof. 16. The said bridge shall be completed within three years from the passing of this Act, and shall be erected in manner following, following, viz: six hundred and eighty feet in length, fifteen feet in breadth and in height, with six piers between the approaches and an opening of one hundred feet between each pier. 17. This Act shall be deemed a Public Act. CAP. CV. Public Act. An Act to incorporate the Eastern Townships Eldorado Gold and Copper Mining Company. W [Assented to 30th June, 1864.] HEREAS the persons hereinafter named have, by peti- Preamble. tion, represented that they are desirous of associating themselves together for the purpose of carrying on mining operations in the County of Stanstead, in the District of St. Francis, in the Province of Canada, and that they can do so to better advantage by the aid of a charter of incorporation, and have prayed for an Act to that end; and whereas it is expedient that such prayer be granted: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: 1. Albert Knight, William S. Hunter, William S. Easton, Incorporation. Shipley W. Snow, and S. L. French, together with all such other persons as shall become shareholders in the company hereby constituted, shall be, and they are hereby made a body corporate and politic, by the name of " The Eastern Townships Name. Eldorado Gold and Copper Mining Company." 2. The company may carry on the business of exploring for; Business of mining, smelting, manufacturing and selling gold, copper, and Company. other ores and metals, and for these purposes may acquire and hold, by purchase, lease, or other legal title, such lands, and mining rights in lands in the district aforesaid, not at any time exceeding two thousand acres in superficies, and construct Real property. and maintain such buildings and machinery, and other improvements thereon, and sell and dispose of the same and acquire others in their stead, as the company may deem to be for its advantage, and acquire any royalty or percentage payable for the privilege of mining, smelting or manufacturing gold, copper, and other ores and metals; provided, however, that the Proviso. acquisition of such royalty or percentage shall not entitle the company to carry on any mining operations beyond the limits. of the said district, but such company may carry on smelting and manufacturing operations elsewhere in the said Province than in the said district. 3. The capital stock of the company shall be the sum of five Capital Stock hundred thousand dollars, divided into shares not less than five and shares dollars may be inereased. Proviso. Payment of dollars each, as the directors shall determine; and which said capital stock may be from time to time increased as the wants of the company require, by vote of the stockholders, at a meeting of the company called for the purpose, to an amount not exceeding one million dollars in the whole; provided always, that no such increase of stock shall be made until the whole amount of the original stock of the company shall have been bona fide paid in. 4. The capital stock shall be paid by the subscribers therefor, when, where and as the Directors of the Company shall require, or as the by-laws may provide; and if not paid at the day required, interest at the rate of six per centum per annum non-payment. shall be payable after the said day upon the amount due and unpaid, and in case any instalment or instalments shall not be paid as required by the directors with the interest thereon, after such demand or notice as the by-laws prescribe, and within the time limited by such notice, the directors may, by vote reciting the fact and duly recorded in their records, summarily forfeit any shares whereon such payment is not made, and the same shall thereupon become the property of the company, and may be disposed of as the by-laws or votes of the company may provide. Assignment of shares all : calls to be irst paid. Votes of 5. The stock of the company shall be deemed personal estate and be assignable in such manner only, and subject to such conditions and restrictions as the by-laws prescribe; but no share shall be assignable until all instalments called for thereon have been paid, unless it has been declared forfeited for non-payment. 6. At all meetings of the company, every shareholder, not shareholders. being in arrear in respect of any instalment called for, shall be entitled to as many votes as he holds shares in the stock of the company; and no shareholder being in arrear shall be entitled to vote; and all votes may be given in person or by proxy; provided always the proxy is held by a shareholder not in arrear, and is in conformity with the by-laws. Proviso. Qualification, election and quorum of Directors. 7. The affairs of the company shall be administered by a board of not less than five and not more than seven directors, being severally holders of at least one hundred shares of stock, who shall be elected at the first general meeting, and thereafter at each annual meeting of the company, to hold office until their successors are elected, and who (if otherwise qualified) may always be re-elected, and four members of such board, present in person, shall be a quorum thereof, and in case of the case of failure death, resignation, removal or disqualification of any director, such board, if they see fit, may fill the vacancy until the next annual meeting of the company by appointing any qualified shareholder thereto; but a failure to elect directors or any failure of directors, shall not dissolve the corporation, and an Provision in to elect. election election may be had at any general meeting of the company called for the purpose; provided that voting by proxy shall not be allowed at any meeting of the board of directors. 8. The board of directors shall have full power in all things Powers of to administer the affairs of the company, and to make or cause Board of Dito be made any purchase and any description of contract which rectors. the company may by law make, to adopt a common seal, to To make Bymake, from time to time, any and all by-laws (not contrary to laws for cerlaw or to the votes of the company) regulating the calling in of tain purposes. instalments on stock and payment thereof, the issue and registration of certificates of stock, the forfeiture of stock for nonpayment, the disposal of forfeited stock and the proceeds thereof, the transfer of stock, the declaration and payment of dividends, the appointment, functions, duties and removal of all agents, officers, and servants of the company, the security to be given by them to the company, their remuneration and that, if any, of the directors, the time and place for holding the annual and other meetings of the company within the Province or elsewhere, the calling of meetings of the company and of the board of directors, the quorum, the requirements as to proxies, the procedures in all things at such meetings, the site of their chief place of business, and of any other offices which they may require to have, the imposition and recovery of all penalties and forfeitures admitting of regulation by by-law, and the conduct in all other particulars of the affairs of the company, but every such by-law, and every repeal, amendment and re-enactment thereof, shall have force only until the next annual meeting of the company, unless confirmed at some general meeting of the company; and every copy of any by-law, under the seal Proof of Byof the company, and purporting to be signed by any officer of By-laws. the company, shall be received in all courts of law as prima facie evidence of such by-law. 9. Until the first election of such board, the said Albert Provisional Knight, Wm. S. Hunter, Wm. S. Easton, Shipley W. Snow, Board of Diand Samuel L. French, shall be a provisional Board of Direc- rectors. tors for the said Company, with full power to fill vacancies, to Powers. open stock books, assign stock, make calls for and collect instalments, issue certificates and receipts, convene the first general meeting of the Company at such time and place within this Province or elsewhere, as they shall determine, and to do other acts necessary or proper to be done to organize the Company and conduct its affairs. 10. In addition to their ordinary place of business within Places of this Province, the Company may establish and have any place business. or places of business in this Province, in Great Britain, or in the United States of America, and may at any one thereof, order, direct, do and transact their affairs and business or any thereof, in such manner as may be prescribed by their by-laws. Company not bound to see to trusts on shares. Liability of limited. 11. The Company shall not be bound to see to the execution of any trust, whether express, implied or constructive, in respect of any shares; and the receipt of the person in whose name the same shall stand in the books of the Company, shall be a discharge to the Company for any dividend or money payable in respect of such share, whether or not notice of such trust shall have been given to the Company; and the Company shall not be bound to see to the application of the money paid upon such receipt. 12. The Shareholders of the Company shall not, as such, be shareholders held responsible for any act, default or liability whatsoever, of the Company, or for any engagement, claim, payment, loss, injury, transaction, matter or thing whatsoever, relating to or connected with the company, beyond the amount unpaid upon their shares in the stock thereof. Contracts, be under Seal. 13. All contracts, promissory notes, bills of exchange, and &c., need not engagements made on behalf of the Company by the directors, officers, agents or servants of the Company, in accordance with their powers under the by-laws or by vote of the Company, shall be binding upon the Company; and in no case need the seal of the Company be affixed thereto, nor shall such directors, officers, agents or servants, thereby become individually liable to any third party therefor; but the Company shall issue no bank note, or note to circulate as money. Proviso. Commence ations. Proviso: for. feiture for non-user. 14. The Company shall not commence operations under ment of oper- this Act, until at least ten per centum on the amount of their capital stock shall have been paid in; provided always, that unless mining operations be commenced under this Act within five years from the passing thereof, and continued bona fide, this Act of incorporation shall be null and void, saving only to the said Company the right to part with any real estate which they may hold, and to make such conveyance as may be necessary for that purpose. Public Act. 15. This Act shall be deemed a Public Act. Preamble. CAP. CV I. An Act to incorporate the Ophir Gold Mining Company. [Assented to 30th June, 1864.] HEREAS the persons hereinafter named have, by petition, represented that they are desirous of associating themselves together for the purpose of carrying on mining operations in the District of St. Francis, in the Province of Canada, and that they can do so to better advantage by the aid of a charter of incorporation, and have prayed for an Act to that end; |