Directors, and may elect others in case of death, &c. And repeal or amend Bylaws. aforesaid, and to elect others to be Directors in the room of those who shall die, resign or be removed, and to remove any other officer or officers under them, to revoke, alter, amend or change any of the By-laws or Orders prescribed with regard to their proceedings amongst themselves (the method of calling general meetings, and their time and place of assembling, and manner of voting and appointing Directors only excepted,) and shall have power to make such new Rules, By-laws and Orders for the good government of the said Company, and their servants, agents or workmen, for the good and orderly making and using the said Canal, and all other works connected therewith or belonging thereto, as hereby authorized, and for the well-governing of all persons whatever travelling upon or using the said Canal and other works, or transporting any goods, wares, merchandize or other commodities thereon, which said By-laws and Orders shall be put into writing under the common seal of the said Company, and shall be kept in the office of the Company, and a printed or written copy of so much of them as relate to or affect any party other than the members or servants of the Company, shall be affixed openly in all and every of the places where tolls are to be gathered, and in like manner as often as any change or alteraBy-laws to be tion shall be made to the same; and the said By-laws and in writing and Orders so made and published as aforesaid shall be binding published, upon and observed by all parties, and shall be sufficient in any Court of Law or Equity to justify all persons who shall act under the same; and any copy of the said By-laws, or any of them, certified as correct by the President, or some person authorized by the Directors to give such certificate, and bearing the common seal of the said Company, shall be deemed authentic, and shall be received as evidence of such By-laws in any Court, without further proof. Certified copies to be evidence. Form of trans XXXIV. All sales of the shares in the said undertaking shall fer of shares. be in the form following, varying the names and descriptions of the contracting parties, as the case may require : Proviso. "I, A. B., in consideration of the sum of "by C. D., of แ paid do hereby bargain, sell and transfer "to the said C. D., share (or shares) of the stock of "the Toronto and Georgian Bay Canal Company; to hold to him "the said C. D., his executors, administrators and assigns, subject to the same rules and orders, and on the same conditions "that I held the same immediately before the execution hereof; "and I, the said C. D., do hereby agree to accept of the said share (or shares) subject to the same rules, orders and "conditions. "Witness our hands and seals, this "in the year one thousand eight day of Provided always, that no such transfer of any share shall be valid until all calls or instalments then due thereon shall have been paid up. surer and Clerks. XXXV. It shall and may be lawful to and for the said Direc- Directors to tors, and they are hereby authorized from time to time, to nomi- appoint Treanate and appoint a Treasurer or Treasurers, and a Clerk or Clerks to the said Company, taking such security for the due execution of their respective offices as the Directors shall think proper; and such Clerk shall, in a proper book or books, enter Duties of and keep a true and perfect account of the names and places of Clerk. abode of the several Stockholders of the said Company and of the several persons who shall, from time to time, become owners or proprietors of or entitled to any share or shares therein, and of the other acts, proceedings and transactions of the said Company and of the Directors for the time being, by virtue of and under the authority of this Act. XXXVI. The said Company or the Directors of the said Accounts of Company shall, and they are hereby required to cause a true, profits to be exact and particular account to be kept and annually made aunually made up up and baand balanced on the thirty-first day of December in each year, lanced. of the money collected and received by the said Company or by the Directors or Treasurer of the said Company, or otherwise, for the use of the said Company by virtue of this Act, and of the charges and expenses attending the erecting, making, supporting, maintaining and carrying on their works, and of all other receipts and expenditures of the said Company or the said Directors: And at the General Meetings of the proprietors of the said undertaking to be from time to time holden as aforesaid, a dividend shall be made out of the clear profits of the said Dividends to undertaking, unless such meetings shall declare otherwise, be made from and such dividend shall be at and after the rate of so much per share upon the several shares held by the proprietors in the meeting. Joint Stock of the said Company, as such meeting or meetings. shall think fit to appoint or determine; Provided always, that Proviso : no dividend shall be made, whereby the Capital of the said Capital not to Company shall be in any degree reduced or impaired, nor shall be impaired. any dividend be paid in respect of any share after a day appointed for payment of any call for money in respect thereof, until such call shall have been paid. time to time at a general goods in ascer XXXVII. In all cases where there shall be a fraction in the Fractions in distance which vessels, rafts, goods, wares, merchandize or other miles and in commodities or passengers shall be conveyed or transported on weights of the said navigation, such fraction shall, in ascertaining the taining rates, said rates, be deemed and considered as a whole mile; and in how regulated. all cases where there shall be the fraction of a ton, in the weight of any such goods, wares, merchandize, and other commodities, a proportion of the said rates shall be demanded and taken by the said Company of proprietors to the number of quarters of a ton contained therein; and in all cases where there shall be a fraction of a quarter of a ton, such fraction shall be deemed and considered as a whole quarter of a ton. XXXVIII. Interpretation clause. XXXVIII. Every matter or thing which the said Company are authorized or empowered to do or suffer, shall be interpreted to mean that the said Company shall be empowered to do and suffer all such acts, matters and things by their duly appointed agents, servants and workmen whether the same be specially mentioned or not; and in all cases wherein the said Canal is mentioned in this Act, the same shall apply to all branches, feeders, reservoirs, and rivers or parts of rivers which shall be made part or parcel of the navigation thereof, or of the supplying of the same with water. XXXIX. The said Company shall at all times, when thereProvisions as unto required by the Post Master General of this Province, the to the carriage Commander of the Forces, or any person having the supeof Her Majesty's Mail, &c. rintendence or command of any Police Force, carry Her Majesty's Mails, Her Majesty's Naval or Military Forces or Militia, and all artillery, ammunition, provisions or other stores for their use, and all policemen, constables and others, travelling on Her Majesty's service, on the said Canal on such terms and conditions, and under such regulations as the Governor or Person administering the Government shall, in Council, appoint and declare. Treasurer, Receiver and give security. Collector to Limitation of actions for this Act. XL. The said Company shall and are hereby required and directed to take sufficient security by one or more bond or bonds, in a sufficient penalty or penalties from their Treasurer, Receiver and Collector for the time being, of the moneys to be raised by virtue of this Act, for the faithful execution by such Treasurer, Receiver and Collector of his and their office and offices respectively. XLI. If any action or suit shall be brought or commenced. things done in against any person or persons for any thing done or to be done pursuance of in pursuance of this Act, or in the execution of the powers and authorities or of the orders and directions herein before given or granted, every such action or suit shall be brought or commenced within six calendar months next after the fact committed, or in case there shall be a continuation of damage, then within six calendar months next after the doing or committing General issue. such damage shall cease, and not afterwards; and the Defendant or Defendants in such action or suit, shall and may plead the general issue, and give this Act and the special matter in evidence at any trial to be held thereupon, and that the same was done in pursuance and by the authority of this Act; and if it shall appear to have been so done, or if any action or suit shall be brought after the time so limited for bringing the same, or if the Plaintiff or Plaintiffs shall be non-suited, or discontinue his, her or their action or suit, after the Defendant or Defendants shall have appeared, or if judgment shall be given against the Plaintiff or Plaintiffs, the Defendant or Defendants shall have full costs, and shall have such remedy for the same as any Defendant or Defendants hath or have for costs of suit in other cases by law. Costs to defendant if Act not other XLII. Any contravention of this Act by the said Company Any contraor any other party, for which no punishment or penalty is herein vention of this provided, shall be a misdemeanor, and shall be punished ac- wise punishcordingly, but such punishment shall not exempt the said Com- able, to be a pany (if they be the offending party) from the forfeiture of this misdemeanor. Act, and the privileges hereby conferred on them, if, by the provisions thereof, or by law, the same be forfeited by such contravention. XLIII. Nothing herein contained shall affect or be construed Saving of Her to affect in any manner or way whatsoever, the rights of Her Majesty's Majesty, Her Heirs and Successors, or of any person or persons, those of other rights and any bodies politic, corporate or collegiate, such only ex- persons. cepted as are herein mentioned. or of XLIV. This Act shall be deemed and taken to be a Public Public Act. Act, and as such shall be judicially taken notice of by all Judges, Justices of the Peace and others, without being specially pleaded. An Act to amend the Act incorporating the Bond Head W [Assented to 1st July, 1856.] HEREAS the President, Directors and Company of the Preamble. Bond Head Harbour Company, have by their Petition prayed that the name of the said Company may be changed to that of the "Newcastle Harbour Company," that the Stock of the said Company may be increased to Fifteen Thousand Pounds, that the period for completing the said Harbour may be extended to five years, and that authority may be given to the said Company to obtain a Loan of Five Thousand Pounds on the credit of the said Harbour and the Tolls thereof: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: I. From and after the passing of this Act, the corporate name Name of the of the said Company shall be the "Newcastle Harbour Com- Corporation pany," but such change of name shall not be construed to make changed. the said Company a new Corporation, or to alter its rights, or those of any other party. II. For and notwithstanding any thing contained in the tenth Capital Stock section of the Act of the Parliament of Upper Canada, incor- increased, notwithstanding porating the said Company, passed in the first year of Her limitatio Majesty's Reign, and intituled, An Act to incorporate certain Act of U. C., persons under the style and title of the Bond Head Harbour 1 V. c. 31. 29 Company, Period for Company, the Capital Stock of the said Company may be increased to fifteen thousand pounds and the number of shares to sixteen hundred, and may be taken up in such manner as the Directors shall appoint: and the period limited by the said Act, constructing for completing the said Harbour, is hereby extended to the end of five years from the passing of this Act, and the said Company shall continue and be held to have continued, and the said Act shall be in force, and be held to have been in force, as if the period hereby limited had been limited in the said Act, instead of the period mentioned in the fifteenth section thereof. works extend ed. Company may borrow £5,000. Proviso: interest not to exceed 8 per cent. Recital. Village of Newcastle incorporated III. The said Company shall have full power and authority to contract a loan of five thousand pounds from the Government, from any body corporate, or from any person willing to make such loan, and to give such security on the Harbour and Tolls as the party making such loan may require; Provided always, that the rate of interest shall not exceed eight per cent. per annum, and shall be payable half yearly at any of the chartered Banks of the Province at which it may be agreed upon to pay the same. IV. And whereas the Village of Newcastle will be greatly benefitted by the improvement of the said Harbour, and may afford assistance towards the completion thereof, if incorporated and authorized to do so; Be it therefore enacted, that upon, from and after the first day of January, one thousand eight and described. hundred and fifty-seven, the said Village shall be incorporated by the name of Newcastle, and shall consist of lots twenty-five, twenty-six, twenty-seven, twenty-eight, twenty-nine and thirty, in the broken front and first Concession of the Township of Clark, and the south halves of the lots bearing the same numbers, in the second Concession of the said township, in the County of Durham. Upper Canada Returning V. So much of the Upper Canada Municipal Corporations. Acts as relates to incorporated Villages, shall, from and after the day last aforesaid, apply to the said Village of Newcastle, which shall, as an incorporated Village, have and exercise alĺ and singular the rights, powers, privileges and jurisdiction which are thereby granted or conferred to or upon, or as shall by virtue of the said Acts, or of any other Act or Acts now in force or hereafter to be in force in Upper Canada, belong to incorporated Villages: and all the rules, regulations and enactments in the said Acts or any of them contained, or which shall in any wise apply to incorporated Villages, shall apply to the said Village of Newcastle, as fully as if it had become an incorporated Village under the ordinary operation of the said Upper Canada Municipal Corporations Acts, with the exception hereinafter made. VI. The Municipal Council of the Township of Clark shall Officer at first and may at any time after the passing of this Act, appoint a fit election, person |