Lands to appoint a Sur veyor to complete Hewston's survey. The expenses of such survey shall be paid, and also certain other the holders of surplus land. expenses by Surveyor to file his plans, &c., in dupli cate. Surveyor to determine the sum so paya shall, and by this Act is, authorized and required to fix monuments at the points of lots numbers thirty-two, thirty-three and the gore of thirty-four, in the said seventh concession, to survey the unsurveyed side or dividing lines, according to the monuments fixed by the said John Hewston where such monuments are known, and where such monuments are not known to divide the land equally between the two nearest of such monuments according to the number of lots and allowances for roads, and to draw the said intermediate side lines in accordance with the bearings of the aformentioned side roads, to divide such lots in the said seventh concession west of lot number ten, as are owned by two or more persons according to the titles of the several owners thereof, to fix posts at the several corners of the several lots or parts of lots so surveyed, to ascertain what parties hold or occupy overplus land, and how much such overplus land is held by each such party, to collect from the several parties holding such overplus a rate apportioned upon each such party so holding overplus land in proportion to the quantity of such overplus land so held or occupied, the aggregate or total of which rate shall be a sum of money sufficient to pay the expenses of such survey, the several sums collected from parties in the sixth and seventh concessions for defraying the costs of the survey made by Deputy Surveyor, George A. Stuart, and all such claims for costs, charges, fees, disbursements, retainers, commissions, agencies, travelling, legislating and other expenses necessarily incurred in procuring the passing of this Act, as shall have been presented with satisfactory vouchers to the said Surveyor before the completion of such survey, and to pay out of the first collections, to the parties entitled to receive the same, such last aforementioned sums and claims, retaining the last collections for his, the said Surveyor's, services. 6. The Surveyor so appointed shall file in the Crown Lands Office, a certified copy of the plan and report of his operations in virtue of the next preceding section, and also a duplicate of the same in the Registry Office of the County. 7. Each and every the parties so holding or occupying overplus land shall be, and by this Act are, within one month after ble by each. having been, by the said Surveyor or his agent, served with a written notice stating the quantity of such overplus land so held or occupied, and the sum required to be paid as rated thereon, (such service of notice to be either personal or by leaving such notice with some grown person at the residence of such parties respectively,) required to pay severally the sums as stated in such notices; in default whereof the said Surveyor shall, as plaintiff, sue such parties and his written report shall be primâ facie evidence in support of such claims. May sue for the same if not paid. 8. If any of the parties from whom such rate shall have been collected, hold such overplus land as tenants and are subject subject to the payment of rent therefor, it is by this Act declared that the receipt of the said Surveyor for the payment of such rate, shall be a sufficient bar against the collection of rent due or to fall due, to the amount therein stated to have been paid. 9. This Act shall be deemed a Public Act. CAP. LXI. An Act to amend a certain Act relating to La Banque du Peuple. W [Assented to 24th July, 1858.] Public Act. HEREAS La Banque du Peuple, a body corporate and Preamble. politic, constituted as such under and by virtue of an Act of the Legislature of this Province, passed in the seventh year of Her Majesty's reign, and intituled, An Act to incorpo- 7 V. c. 66. rate certain persons carrying on the business of Banking in the City of Montreal, under the name of " La Banque du Peuple," have, by their Petition in that behalf, prayed for certain amendments to an Act passed in the eighteenth year of Her Majesty's reign, intituled, An Act to increase the capital stock of La Banque 18 V. c. 43. du Peuple, and for other purposes, by extending the delay of five years mentioned in the first section of the last mentioned Act, for the subscription and payment of sixteen thousand shares in the capital Stock of La Banque du Peuple, as regards four thousand of the said shares not yet subscribed for, and it is desirable to grant the prayer of the said petition: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: certain shares 1. Notwithstanding any thing contained in the said last men- Time for subtioned Act, the delay of five years mentioned in the first section scription and of the said Act, for the subscription and payment of the sixteen payment of thousand shares of the capital stock, which the said corpora- extended. tion were by the said Act authorized to add to their capital stock, shall be extended to the eighteenth day of December, one thousand eight hundred and sixty-two, as far as regards the subscription and payment of the four thousand shares of the said capital stock, not yet subscribed for, being part and portion of the said sixteen thousand shares. 2. This Act shall be deemed a Public Act. Public Act. CAP. CAP. LXII. Preamble. An Act further to amend the Act for the incorporation of the Provincial Insurance Company of Toronto. W [Assented to 24th July, 1858.] HEREAS it is desirable further to amend the Act passed in the twelfth year of Her Majesty's reign, intituled, 12 V. c. 167. An Act to incorporate the Provincial Mutual and General Insurance Company: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: All the Direc 1. Instead of three of the Directors going out of office by tors to go out rotation in each year, as provided in the seventh section of the yearly. said Act, the whole of the Directors of the said Company shall go out of office annually, but shall each be immediately eligible for re-election as a Director; and the election of eleven Directors in the place of those so retiring from office shall be held and made at the general annual meetings of the Company, as provided by the said Act, and the several Acts amending the same; Provided that no member or shareholder of the said Company being a defaulter indebted to the said Company shall, the Company whilst any such default exists, have a right to vote either in person or by proxy at any meeting of the said Company; and that at all meetings of the shareholders, votes shall be allowed to each shareholder, only in proportion to the stock held by such shareholder, as allowed and provided for in voting for the election of Directors. Proviso : Stockholders indebted to not to vote. Sec. 11 of 18 V. c. 213, repealed. Employees of the Company not to be proxies, &c. Nor any person not himself an elector. Transfer of Stock not valid without consent of 2. The eleventh section of the Act passed in the eighteenth year of Her Majesty's reign, intituled, An Act to amend the Act for the incorporation of the Provincial Insurance Company is hereby repealed; and no agent or employee of the said Company shall be allowed to vote either in person or by proxy, or to hold any proxy from any shareholder, or act as proxy at any election of Directors of the said Company; And no person, not a qualified voter at any such election, shall be proxy for any other shareholder; and the document or instrument appointing any proxy shall be void, unless the name of the proxy to act in virtue thereof shall have been written therein by the shareholder granting the same, previous to his executing the same, and in presence of a subscribing witness. any 3. No sale or transfer of stock of the said Company, after call or calls thereon made and before full payment of such call and calls, shall be valid, or shall in any way discharge Directors and any holder of such stock from liability to pay all calls made thereon whilst he was holder of the same, nor shall any transfer of the said stock (unless the whole amount thereof shall payment of all calls. have been paid up) be valid or effectual for any purpose, unless made with the assent of the Board of Directors of the Company first obtained. 4. The Board of Directors of the said Insurance Company Local agencies is hereby authorized to appoint from time to time, for the super- may be intendence of certain of the affairs and business of the said appointed subject to the Company, Agency or Local Boards for such places and purposes Boards of as to the said Board of Directors may seem expedient, each of Directors. which to consist of not more than five persons, and to hold office only during the pleasure of the said Board of Directors of the Company, and to be in all matters limited and subjected in its authority to and within such rules, orders and instructions as may from time to time be made or issued respecting any such Local or Agency Board, by the Board of Directors of the said Company, or by the majority of any lawful quorum of the said Board of Directors at any of its meetings. affect any 5. The name of the said Insurance Company shall be chang- Name of the ed to, and shall hereafter be the Provincial Insurance Company Company of Canada, and by that name, style and title, it changed. shall have the like powers and privileges, and be subject to But such the like liabilities as the Provincial Insurance Company of change not to Toronto; and such change of name shall not be construed to suit, &c. make the said corporation a new corporation, or in any way to affect any right or liability thereof, or any suit, action or proceeding pending at the time this Act shall come into force; and the name hereby assigned to the said corporation, shall be substituted as of course for its former name, in any subsequent record, document or writing, in any such suit, action or proceeding; and any debt, liability, contract, agreement, claim or cause of action heretofore existing, accrued or made by or for the benefit of, or to or with the said Company, and all deeds, bonds, agreements, notes, writings and instruments made with or for the benefit of, or to the said the "Provincial Insurance Company of Toronto," shall remain in full force and effect as if this Act had not passed, and may be sued for, enforced and proceeded upon in the name of "The Provincial Insurance Company of Canada," by which name the said Company may sue and be sued, answer or be answered unto, as well on account of any thing heretofore done or suffered, as for or on account of any thing now or hereafter to be done or suffered, in any wise affecting or concerning the said Company. in a certain 6. Any number not less than ten of the Shareholders of the Special genesaid Company, who, together, shall be proprietors of not less ral meetings than one thousand shares of the proprietory Stock of the said may be called Company by themselves or their proxies, or the Directors of the manner. said Company, or any six of them, shall respectively have power at any time to call a special general meeting of the Shareholders of the said Company to be held at their usual place of meeting, in the City of Toronto, upon giving four weeks Public Act. weeks previous public notice thereof, and specifying in such notice the object or objects of such meeting. 7. This Act shall be deemed a Public Act. Preamble. CAP. LXIII. An Act to incorporate the Yamaska Navigation W [Assented to 24th July, 1858.] HEREAS Jonathan Saxton Campbell Wurtele, Gaspard Aimé Massue, Timothée Brodeur, Charles Blain, Ovide Joseph Paradis, Gaspard Timothée Peltier, Joseph Dansereau, Robert Langley Hayden, and Augustin Cantin, have, by their petition represented, that an association was formed by Deed made and passed before Maitre Jean Baptiste Commeault and his colleague, Notaries, at St. Michel d'Yamaska, on the twenty-eighth day of January last, under the name and style of the "Yamaska Navigation Company," in and to which they, with other persons, are stockholders and subscribers, with a view of promoting the public interest, by providing for the parishes situated on the Rivers Yamaska and St. Lawrence, between St. Hugues and Montreal, and the intermediate ports, and for the convenience of commerce and travellers generally, the advantage of steam navigation; and that for the purposes aforesaid, the said Company now have in course of construction, a steamboat to be called the "Yamaska," and which will be ready for service at the opening of the approaching season of navigation, between St. Hugues and Montreal; that the capital of the said Company is at present Twelve Thousand Two Hundred Dollars, divided into six hundred and ten shares, of twenty dollars each, and that they desire to have power to increase the same to the sum of forty thousand dollars, in shares of the same amount, for the purchase or construction of new steamboats, and for the erection of such wharves and landing places as the said Company may deem requisite, and for the greater accommodation of the inhabitants of the ports or places that may be touched at by the boats of the said Company; And whereas the said Company might be placed in a position obliging them to sue or to be sued in the transaction of their business; And whereas the said Company has for its object the facilitating and promotion of the inland navigation of this Province, and with the view of the attaining their purpose with greater facility, the said Company have prayed to be incorporated: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: INCORPORATION. |