shall not require.

Commence

any portions of such lands not necessary to be retained for gravel pits, sidings, branches, wood-yards, station grounds or work-shops, or for effectually repairing, maintaining and using to the greatest advantage the said Railway and other works connected therewith.

XVI. The said Railway shall be commenced within three ment and com- years and completed within ten years after the passing of this

pletion of

Railway.

Public Act,

Act.

XVII. The Interpretation Act shall apply to this Act, and this Act shall be deemed a Public Act.

SCHEDULE A.

Know all men by these presents that I,

(insert the name of the wife also, if she is to release her dower,
or for any other reason to join in the conveyance,) do hereby
in consideration of
paid to me (or as the case
may be,) by the Waterloo and Saugeen Railway Company,
the receipt whereof is hereby acknowledged, grant, bargain,
sell, convey and confirm unto the said Waterloo and Saugeen
Railway Company, their successors and assigns for ever, all
that certain parcel or tract of land situate (describe the land)-
the same having been selected and laid out by the said Com-
pany for the purpose of their Railway; to have and to hold the
said land and premises together with every thing appertaining
thereto, to the said Waterloo and Saugeen Railway Company,
'their successors and assigns for ever, (if there be dower to be
released, add) and I, (name the wife) hereby release my dower
in the premises.

Witness my (or our) hand (or hands) and seal (or seals)

this
hundred and

day of

one thousand eight

A. B. [L. S.1

C. D. [L. S.]

O. K.

Signed, sealed and delivered in

the presence of

Preamble.

CAP. CXVI.

An Act to render operative the Carillon and Grenville section of the Montreal and Bytown Railway.

W

[Assented to 1st July, 1856.]

HEREAS the Montreal and Bytown Railway Company have already constructed a portion of the said Railway consisting of about twelve and a half miles from Carillon to Grenville, which has been ready for use during the last two years;

And

And whereas the Company, in consequence of financial difficulties, have been unable to complete the said road, and have been prevented from working the portion of the same already completed, by the proprietors of the lands through which the said road passes not having been indemnified for the same; And whereas it would be advantageous to that portion of the Country, and to the creditors of the said Company, that the said portion of the road should be put in operation: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

I. It shall be lawful for the Directors of the said Company Directors may to transfer, within one year from the passing of this Act, the transfer the said portion to said portion of the said Railway from Carillon to Grenville, the Wardens with the rolling-stock, to the Wardens for the time being, of of Ottawa and the Municipalities of the Counties of Ottawa and Argenteuil, Argenteuil, in in trust, for the purpose of working the said road for the bene- trust, &c. fit of the creditors of the said Company; and the said Wardens shall have all the rights, privileges and powers of the said Company, for the purposes of purchasing lands and of working and managing that portion of the said Railway.

II. The transfer of the said section of the Road shall not be Wardens not accepted by the Wardens of the said Municipalities, without to accept with the consent of the Members of the Councils, expressed by a Re- out the consent solution to be passed at a Special Meeting called for that pur- cils. pose after fifteen days' notice.

of their Coun

Councils may

III. It shall be in the power of the said Wardens, by and Wardens, with with the consent of the Municipal Councils of the said Coun- consent of ties of Ottawa and Argenteuil, to borrow a sum not exceeding borrow £6000 six thousand pounds Sterling, for the purpose of paying and for the purindemnifying the proprietors of the lands through which the poses of this said portion of the road runs, and also to pay the claims of the workmen who have been employed on the said Road, and to make the necessary repairs to put the same in working order, on the security of the said portion of the road and to be a first mortgage on the same.

Act.

IV. It shall be the duty of the said Wardens to apply the pro- How the proceeds of the said road,-first, to the payment of the running ex- ceeds of the penses; secondly, to the payment of the interest on the said sum be applied by Railway shall of six thousand pounds sterling, or any portion thereof which the Wardens. may have been borrowed by the said Wardens for the purposes aforesaid; thirdly, for creating a sinking fund of two per cent per annum on the sum so borrowed, for the purpose of paying the same; and the balance of said proceeds, if any, shall be by them Balance to be deposited in some chartered Bank in the City of Montreal, to be ap- deposited for plied to the payment of the claims of the creditors against the said the creditors. Company, in proportion to their respective claims and according to the priority or preference of such claims.

Company may resume the

said portion £6,000, and

off.

V. The said Montreal and Bytown Railway Company shall have a right to assume the said Section, on repayment of the said six thousand pounds sterling, or such portion thereof as shall have been borrowed for the purposes aforesaid and all uninterest is paid paid interest accrued thereon, with other necessary charges, and the powers of which they are hereby divested, shall then be again. vested in the said Company, and the functions of the parties in whom they are hereby vested shall cease; and whenever the said six thousand pounds sterling, and all interest thereon, and other charges authorized to be paid under this Act, shall be paid off, then the said Railway and powers shall revert to and be reinvested in the said Company.

Creditors'

VI. Nothing in this Act shall be interpreted to divest any of rights of Com- the creditors of the said Company of any claim or right they might have or exercise before the passing of this Act.

pany saved.

Public Act.

VII. This Act shall be deemed a Public Act.

CAP. CXVII.

Preamble.

An Act to incorporate the Kingston and Newburgh
Railway Company.

W

[Assented to 1st July, 1856.]

HEREAS Overton Smith Gildersleeve, John Watkins, William Wilson, David Shaw, John R. Dickson, John R. Forsyth, James Harty, Archibald J. McDonell, Alexander Campbell, Thomas Kirkpatrick, George Davidson, and Horatio Yates, of the City of Kingston, Esquires, and others, have petitioned the Legislature to incorporate a Company to construct a Railway from the City of Kingston through Clark's Mills to Newburgh, and it is expedient to grant the prayer of the said petitioners: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

Incorporation I. The above named persons, together with such persons, of Company. corporations, municipalities and companies, as well foreign as provincial, as shall under the provisions of this Act become Shareholders in the Company hereinafter mentioned, shall be and are hereby ordained, constituted and declared to be a body corporate and politic in fact by and under the name and style of the "Kingston and Newburgh Railway Company."

Corporate

name.

Certain

II. The several clauses of "The Railway Clauses Consoliclauses of 14 dation Act" with respect to the first, second, third and fourth & 15 V. c 51, clauses thereof, and also, the several clauses of the said Act incorporated with this Act. With respect to "interpretation," "incorporation," "powers," "plans and surveys,' "" lands and their valuation," "highways and bridges," "fences," "tolls," "general meetings," Directors, their election and duties," ""shares and their transfer," "municipalities

"municipalities,'
""shareholders," "actions for indemnity, and
fines and penalties and their prosecution," "working of the
Railway," and "general provisions," shall be incorporated with
this Act, and shall be included by the expression "this Act,"
whenever used therein.

III. The said Company and their servants or agents, shall Line of Railhave full power under this Act, to lay out, construct, make and way defined. finish a double or single iron Railway or Road at their own cost and charges, on and over any part of the country lying between the City of Kingston and Newburgh, through Clark's Mills.

IV. Deeds and conveyances under this Act, for lands to be Form of Deeds conveyed to the said Company for the purposes of this Act, to the Comshall and may as far as the title to the said lands or the circum- pany. stances of the parties making such conveyances will admit, be made in the form given in the Schedule to this Act, marked A; and all Registrars are hereby required to enter in their Registry Registration. Books such deeds, on the production thereof and proof of execution, without any memorial, and to minute every such entry on the deed; and the said Company are to pay to the said Fee. Registrar for so doing, the sum of two shillings and six pence,

and no more.

V. The Capital Stock of the said Company shall not exceed Capital of in the whole the sum of three hundred thousand pounds cur- Company. rency, to be divided into twenty thousand shares of twenty-five pounds each, which amount shall be raised by the persons or parties above named, or some of them, together with such other persons and Corporations as may become subscribers towards such Stock; and the said money so raised shall be applied in How to be the first place towards the payment and discharge of all fees, applied. expenses and disbursements for procuring the passing of this Act, and for making the surveys, plans and estimates of the said Railway and connected therewith.

VI. Within three months after this Act shall be passed, a First general General Meeting of the Shareholders shall be held at the City meeting. of Kingston, for the purpose of putting this Act into effect, which Meeting shall be called by any five of the persons named in this Act, ten days' public notice thereof being given by being Notice. published in any one of the newspapers of the City of Kingston; at which said General Meeting, the Shareholders present having `paid five per cent. on their Stock subscribed, shall, either in person or by proxy, choose nine Directors in the manner and qualified as hereinafter mentioned, who, together with the ex Directors. officio Directors, as provided by the Railway Clauses Consolidation Act, shall hold office until the first Annual General Meeting for the election of Directors, and until others are elected Term of office. in their stead: Provided always, that such Meeting shall not be Proviso. called until at least ten per cent. upon the entire capital of the

Company

Election of

Proviso.

Annual general meeting.

Notice.

Ballot.

Ties.

Vacancies, how filled.

Board of Directors.

Quorum.

Company shall have been paid in to some one of the Chartered Banks of this Province; And provided also, that such ten per cent. shall not be withdrawn from such Bank, or otherwise applied, except for the purposes of such Railway, or upon the dissolution of the Company from any cause whatsoever.

VII. On the second Monday in June in each year, at the City of Kingston, at the office of the Company, there shall be chosen by the Shareholders nine Directors in the manner hereinafter directed; and public notice of such annual election shall be published one month before the day of election, in any two newspapers published in the City of Kingston; and all elections for Directors shall be by ballot, and the persons who shall have the greatest number of votes at any election shall be Directors; and if it shall happen that two or more shall have an equal number of votes, the Shareholders shall determine the election by another or other votes until a choice is made; and if a vacancy shall at any time happen among the Directors, by death, resignation, or removal from the Province, such vacancy shall be filled for the remainder of the year by a majority of the Directors; and the said nine Directors, with the said ex officio Directors, shall form the Board of Directors.

VIII. The number of Directors who shall form a quorum for the transaction of business may be regulated by the By-laws of the Company, and until such By-laws shall be passed, a majority of the Directors shall form such quorum; Provided Paid Director. that the Directors may employ one of their number as a paid Director.

Qualification

IX. The persons qualified to be elected Directors of the said of Directors. Company, under this Act, shall be every Shareholder holding stock to the amount of two hundred and fifty pounds, who shall have paid up all calls on such Stock.

Calls limited.

One vote for each share.

Company may

Bills of Exchange, &c., and bonds.

X. No call of money from the Shareholders shall exceed ten per cent. on their shares.

XI. Each Shareholder in his own right shall be entitled to a number of votes equal to the number of shares which he shall have in his name two weeks prior to the time of voting.

XII. The said Company shall have power to become parties be a party to to promissory notes and Bills of Exchange, for sums not less than twenty-five pounds; and any such promissory note made or endorsed, and any such Bill of Exchange drawn, accepted, or endorsed by the President or the Vice-President of the Company, and countersigned by the Secretary and Treasurer, and under the authority of a majority of a quorum of the Directors, shall be binding upon the Company; and every such promissory note or bill of exchange made, drawn, accepted or endorsed by the President or Vice-President of the said Company, and countersigned