countersigned by the Secretary and Treasurer as such, shall be presumed to have been properly made, drawn, accepted or endorsed, as the case may be, for the Company, until the contrary be shown; and in no case shall it be necessary to have Seal not rethe seal of the Company affixed to any such bill of exchange quired. or promissory note, nor shall the President, Vice-President or the Secretary and Treasurer of the Company so making, drawing, accepting or endorsing any such promissory note or bill of exchange, be therefore subjected individually to any liability whatever; Provided always, that nothing in this section shall Proviso: be construed to authorize the said Company to issue any note Against Bankpayable to bearer, or any promissory note intended to be circulated as money or as the notes of a Bank.

ing,

XIII. The guage of the said Railway shall not be broader or Guage. narrower than five feet six inches.

Commence

XIV. The said Railway shall be commenced within two years, cont of Railand completed within five years from the passing of this Act.

XV. This Act shall be deemed a Public Act.

SCHEDULE A.

Know all men by these presents, that I

of

(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 by the

Kingston and Newburgh Railway Company, the receipt whereof
is hereby acknowledged, grant, bargain, sell, convey and con-
firm unto the said Kingston and Newburgh 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 Company for the purposes of
their Railway, to have and to hold the said land and premises,
together with the hereditaments and appurtenances thereto to
the said Kingston and Newburgh Railway Company, their suc-
cessors and assigns for ever; (if there be Dower to be released,
add) and I (name of wife) hereby release my Dower on the
premises.

this

and

Witness my (or our) hand (or hands) and seal (or seals),
day of
one thousand eight hundred

Signed, sealed and delivered in presence of

way.

Public Act.

CAP. CXVIII.

Preamble.

Certain per

ated.

Corporate name and powers.

An Act to incorporate the Toronto and Georgian Bay
Canal Company.
[Assented to 1st July, 1856.]

WHEREAS Thomas Clarkson and others have petitioned. to be incorporated for the purposes of this Act: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and. Assembly of Canada, enacts as follows:

I. Thomas Clarkson, James Sunson, John Fiskin, W. sons incorpor- Rees, T. D. Harris, E. F. Whittemore, James John Hayes, Samuel Thompson, John Beverly Robinson, George A. Pyper, Duncan McDonnell, John Harrington, James Mitchell, Hugh Miller, W. McMaster, D. K. Feehan, R. B. Bernard, Thomas Steers, the Honorable John Hillyard Cameron, M. P. P., Angus Morrison, M. P. P., Joseph Hartman, M. P. P., John W. Gamble, M. P. P., M. P. Hayes, Charles Robertson, Thomas Shortis, Thomas Baines, Angus MacDonell, Allan McDonnell, or either of them, together with all such persons (subjects of Her Majesty or others,) as shall become Stockholders of the Company hereinafter mentioned, shall be and are hereby ordained, constituted and declared to be a body corporate and politic, in fact and by the name of the "Toronto and Georgian Bay Canal Company," and by that 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 actions, suits, complaints, matters and causes whatsoever; and 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, they and their successors by the same name of the Toronto and Georgian Bay Canal Company, shall be in law capable of purchasing and holding to them and their successors, any estate, real personal or mixed, to and for the use of the said Company, and of letting, selling, conveying or otherwise departing there with for the , benefit and on the account of the said Company, from time to time, as they shall deem expedient or necessary.

May purchase and hold real

estate.

Directors may survey and

hold line for Canal.

And purchase

mills, ware

houses, &c.,

II. The Directors of the said Company shall have full power and authority to survey and explore the Country lying between the Georgian Bay of Lake Huron and Lake Ontario, and to designate and establish, and for the said Company to take, appropriate, have and hold, to and for the use of them and their successors, the line and boundaries of an intended Canal, and to build and erect the same with the necessary locks, tow paths, branches, feeders, basons and railways to connect the waters of Lake Huron with those of Lake Ontario, and also, to select such

such sites for such warehouses and other erections, as may four use of be considered expedient by the said Directors, and to purchase Company. and dispose of the same to and for the use and profit of the said Company; Provided that nothing hereinbefore contained shall Proviso. be construed to extend to compel the owners of any mill seat which shall be in existence before the construction of the said Canal or any of its branches or feeders, to sell or convey the same to the said Company unless the same shall be in the line of the said Canal, or that the possession of the same shall be Proviso: as to necesssary to the construction of the said Canal or any of its persons using branches or feeders; Provided also, that the owner or owners water brought of any mill seat or mill seats, using any additional supply of water brought thereto by the said Canal or its branches or feeders, shall pay a reasonable compensation therefor to the said Company, to be determined as hereinafter provided for determining any damage done to property by the said Company.

by Canal, &c.

III. It shall and may be lawful for the said Company, and Certain powthey are hereby authorized and empowered, from and after the ers granted to Company. passing of this Act, to supply the said Canal, whilst making and when made, with water from all such brooks, springs, streams, water-courses, lakes, hollows or repositories of water, as shall be found in making the said Canal, or within the distance of two thousand yards of the same or any part thereof, or any reservoir or reservoirs to be made for the supplying of the said Canal with water; and the said Company are hereby authorized and empowered to make all such reservoirs, and such and so many feeders, branches, aqueducts, tunnels and channels in connection with and for the use of the said Canal, as to them shall seem necessary and proper: and for the pur- Surveys. poses aforesaid, the said Company, their agents, servants and workmen, are hereby authorized and empowered to enter upon and into the lands and grounds of, or belonging to, the Queen's Majesty, Her Heirs or Successors, or to any other person or persons, bodies corporate or politic (except as hereinbefore mentioned,) and to survey and take lands of the same or any part thereof, and to set out and ascertain such parts as they shall think necessary and proper for the making of the said Canal and its appurtenances, and for the completion of the said water connection and navigation according to the true intent and meaning of this Act, and all such other matters and conveniences as they shall think proper and necessary for making, preserving, improving, completing and using the said intended navigation, and also to bore, dig, trench, cut, remove, Works. take, carry away, and lay soil, clay, stone, rubbish, trees, roots and stumps of trees, beds of gravel or sand, or any other matter or thing which may be dug or got in the making of the said Canal, or in deepening or improving the navigation of any river or rivers, lake or lakes, in connection with, and forming part of the intended navigation, or out of any land of any person or persons adjoining or contiguous thereto, and which may be

proper or convenient for carrying on the repairing of the said Canal or other the said works, or which may hinder or obstruct the making, completing and using the same, and the same to lay in or upon the boundaries of the said Canal or the rivers and lakes forming portions of the said navigation, or in and upon Wharves, &c. the land of any person or persons adjoining thereto; And also to make, build, erect and set up in and upon the said Canal, and at the points of entrance to the same or any part thereof or of the said intended navigation, or upon the land adjoining or near the same, such and so many wharves, quays, piers, landing places, bridges, tunnels, aqueducts, sluices, rivers, pens for water, tanks, reservoirs, drains, bridges and other ways, roads and works, as the said Company shall think requisite and convenient for the purposes of the said navigation; and also, from time to time to alter, enlarge, amend and repair the said works or any of them, for conveying all manner of materials necessary for making, erecting, altering or repairing, widening or enlarging the said works or any part thereof, and also to place, lay, work and manufacture the said materials, and erect such work-shops, forges or other erections as they may deem necessary, upon the lands near to the said works; and to make, maintain, and alter any places or passages over, under or through the said Canal or any of its branches or connections, or other part of the said intended navigation; And also to make, purchase, set up and appoint such tow-boats, barges, vessels or rafts, for the use of the said navigation, as they shall see fit; also to erect and keep in repair any piers, arches or other works, in, upon and across any rivers, brooks or lakes, for making, using, maintaining and repairing the said Canal, and other the rivers and navigable waters forming part of the said intended navigation, and the towing-paths and Other things. other conveniences connected therewith; And also to construct, make and do all other works, matters and things whatsoever, which they shall think necessary and convenient for the making, effecting, preserving, improving, completing and using the said Canal and the said intended navigation in pursuance of and within the true meaning of this Act, they, the said Company, doing as little damage as may be in the execution of the powers hereby granted, and making satisfaction, in manner hereinafter mentioned, for all damages to be sustained by the owners or occupiers of such lands, hereditaments and tene

Vessels.

Lands, &c., may be conveyed to Company.

Such conveyances and con

ments.

IV. After any land or ground shall be set out and ascertained to be necessary for the purposes of the said navigation or other purposes herein mentioned, it shall be lawful for all owners, whether individuals or bodies corporate or politic, or trustees or lessees, or other party or parties holding any right, title, interest or claim to any of such lands, or grounds, to contract for, sell and convey to the said Company, all or any part of such land or ground which shall from time to time be set out and ascertained as aforesaid; and all such contracts, agreements,

sales

sales and conveyances shall be valid and effectual in law, tracts to be to all intents or purposes, notwithstanding any law, statute valid. or usage to the contrary, and the amount of the purchase moneys to be paid for such lands or grounds respectively, shall be ascertained by arbitration as hereinafter mentioned, unless in such cases as the owner or owners may agree thereupon without the intervention of any third party.

V. The Directors of the said Company may contract, com- Directors may pound, compromise, settle and agree with owners or occupiers contract for respectively, of any land through or upon which they may lands, &c.

determine to cut and construct the said Canal or other works hereby authorized, either for the purchase of so much of the land as they shall require for the purposes, uses or profit of the the Company, or for damages which he, she or they shall or may be entitled to recover from the said Company, in consequence of any of the works hereby authorized being constructed in or upon his or their respective lands; and in case of any Arbitration in disagreement between the said Directors and the owner or case of dispute owners, occupier or occupiers aforesaid, the amount of the as to sum to be paid. purchase moneys for the land and tenements purposed to be purchased, or the amount of damages to be paid to them as aforesaid, shall be ascertained by arbitration in manner hereinafter mentioned.

be appointed

pute touching

chosen.

VI. In each and every case where any dispute shall arise Arbitrators to between the said Directors and any other person or persons whomsoever, touching any purchase, sale or damage, or the cases of dismoney to be paid in respect thereof, and in each and every sale or purcase where, under the provisions of this Act, any purchase, chase of lands. sale or damage, or the money to be paid in respect of the same are directed to be ascertained and determined by arbitration, the same shall be referred to, ascertained and determined by three indifferent persons, one of whom shall be chosen by the owner or occupier of the land, or other person or persons inte- Arbitrators rested who shall disagree with said Directors in respect to the how to be compensation or purchase money to be paid him, her or them respectively, pursuant to the provisions of this Act, one other of the said arbitrators shall be chosen by the said Directors, and the third shall be chosen by the two persons to be so named as aforesaid, and such three persons shall be the arbit ators to award, determine, adjudge and order the respective sums of money which the said Company shall pay to the respective persons entitled to receive the same, and the award of such three persons, or any two of them, shall be final; and the said arbitrators so appointed are hereby required to attend at some convenient place on or near the line of the said Canal, to be appointed by the said Directors, within eight days after notice in writing shall be given them by the said Directors for that purpose, then and there to arbitrate, award and determine such matters as shall be submitted to their consideration by the parties interested; and each of the said Arbitrators to arbitrators

28*

be sworn.