Limitation of Capital

X. And be it further enacted by the authority aforesaid, That the whole capital stock of the said Company, inclusive of any real estate which the stock. said Company may have or hold by virtue of this Act, shall not exceed in value five thousand pounds, to be held in eight hundred shares, of six pounds five shillings each; and that the shares of the said capital stock after the first instalment thereon has been paid, be transferred by the respective persons subscribing or holding the same to other persons, and such transfer shall be entered or registered in a book to be kept for that purpose by the said Company.

may,

XI. And be it further enacted by the authority aforesaid, That as soon Directors to call in instalas Directors shall have been appointed as aforesaid, it shall and may be ments of Stock, &e. lawful for them to call upon the Stockholders of the said Company, by giving thirty days notice thereof in manner before-mentioned, for an instalment of ten per centum upon each share, which they or any of them respectively may subscribe; and that the residue of the share or shares of the Stockholders shall be payable by instalments, in such time and in such proportion as a majority of the Stockholders, at a meeting to be expressly convened for that purpose shall agree upon, so as no such instalment shall exceed ten per centum, nor become payable in less than thirty days after public notice given in the manner before-mentioned: Provided always, that the said Directors shall not commence the construction of the said Harbour, until the first instalment shall have been paid in.

of instalment, &c.

XII. And be it further enacted by the authority aforesaid, That if any Forfeiture of shares, in Stockholder as aforesaid shall refuse or neglect to pay at the time required event of non-paym any such instalment as shall be lawfully required by the Directors, as due upon any shares, such Stockholder so refusing or neglecting shall forfeit such shares aforesaid, with any amount which shall have been previously paid thereon, and that the said shares may be sold by the Directors, and the sum arising therefrom, together with the amount previously paid in, shall be accounted for and applied in like manner as the monies of the said Company: Provided always, that the purchaser shall pay the said Purchaser of forfeited Company the amount of the instalment required over and above the pur-mi chase money of the shares, so purchased by him as aforesaid, immediately after the sale and before they shall be entitled to the certificate of the transfer of such shares so purchased as aforesaid: Provided always, nevertheless, that thirty days public notice of the sale of such forfeited shares shall be given in the manner hereinbefore directed, and that the instalment due may be received in redemption of any such forfeited shares, at any time before the day appointed for the sale thereof.

Stock, to pay up instalment in arrear imme

Dividends to be made.

XIII. And be it further enacted by the authority aforesaid, That it shall be the duty of the Directors to make annual dividends of so much of the profits of the said Company as to them or a majority of them shall seem advisable; and that once in each year an exact and particular statement shall be rendered of the state of their affairs, debts, credits, profits and losses, such statement to appear on the books, and to be open to the perusal of any Stockholder, at his reasonable request.

XIV. And be it further enacted by the authority aforesaid, That at any The Queen or her Succes- time after fifty years after the making and completing the said Harbour,

sors may assume Work

"at end of fifty years,

upon condition, &c.

When Her Majesty or her Successors assume

the Work, tolls &c. to be

Her Majesty, Her Heirs and Successors, may assume the possession and property of the same, and all and every the works and dependencies thereto belonging, upon paying to the said Company, for the use of the Stockholders thereof, the full amount of their respective shares, or of the sums furnished and advanced by each Subscriber towards making and completing the said Harbour, together with such further sum as will amount to twenty-five per centum upon the monies so advanced and paid, as a full indemnification to such Company, and the said Harbour shall, from the time of such assumption in manner aforesaid, appertain and belong to Her Majesty, Her Heirs and Successors, who shall from thenceforth be substituted in the place and stead of the said Company, upon the conditions and subject to the provisions of any Act of the Legislature of this Province that may be passed respecting the same: Provided always, that it shall not be lawful for Her Majesty, Her Heirs and Successors, at any time after the expiration of the said fifty years, to assume the possession and property of the said Harbour, with its appurtenances as aforesaid, unless it shall appear from the accounts of the said Company, to be for that intent laid before the Legislature, that the Stockholders of the said Company have received every year, upon an average, the sum of twelve pounds, ten shillings, for every hundred pounds they shall be possessed of in the said concern.

XV. And be it further enacted by the authority aforesaid, That from and after the period when the possession of the right, interest and property, paid Receiver General. in and to the said Harbour shall have been assumed by Her Majesty, Her Heirs and Successors, as hereinbefore authorised, all tolls and profits arising therefrom shall be paid into the hands of Her Majesty's Receiver General of this Province, at the disposition of the Legislature thereof: Provided always, that the said Harbour shall be commenced within two years, and completed within seven years after the passing of this Act, otherwise this Act, and every matter and thing therein contained, shall cease and be utterly null and void.

Restraints as to right of

XVI. And be it further enacted by the authority aforesaid, That nothing herein contained shall give the said Company the exclusive right of fishing fishing, &c. within the said Harbour and Lake-shore, within the limits before-mentioned; and that it shall not be lawful for any person to catch or kill, or attempt to take, catch or kill, any fish by torch or fire-light within one hundred yards of any works erected by the said Company.

Punishment for attempt

XVII. And be it further enacted by the authority aforesaid, That if any person shall be duly convicted, by the oath of a credible witness, be- ing to take fish, &c. fore any two of Her Majesty's Justices of the Peace for the said District, of having so caught or killed, or so attempted to catch or kill any fish in manner aforesaid, such person, upon conviction as aforesaid, shall forfeit and pay a sum not exceeding five pounds, nor less than five shillings, for every offence so committed, with all reasonable costs both before and after conviction, or in default of payment to be committed to the common Gaol of such District as aforesaid, for a term of not more than thirty days, nor less than two days, unless the fine and costs are sooner paid.

power to alter provisions

XVIII. And be it further enacted by the authority aforesaid, That it Legislature to have shall remain in the power of the Legislature to make any alteration in the of Act. provisions of this Act, or any addition thereto, which may seem to them expedient.

CHAP. XXXII.

AN ACT to Incorporate certain persons under the style and title of the
Waterloo Bridge Company.

[Passed 6th March, 1838.]

WHEREAS William Scollick, Adam Ferrie, the younger, Thomas H. McKenzie, David Clemens, John Erb, Peter Erb, Abraham Erb, Abraham Kolb, Jacob C. Snyder, Jacob Shantz, Daniel Snyder, David Snyder, Henry Bechtel, George Clemens, Isaac Master, Jacob Hespeter, John Scott, and others, have by petition, prayed to be incorporated for the purpose of erecting a Toll Bridge on the Grand River, in the Township of Waterloo, in the District of Gore: Be it therefore enacted, by the Queen's most Excellent Majesty, by and with the advice and consent of the Legislative Council and Assembly of the Province of Upper Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of Great Britain, entitled, "An Act to repeal

Preamble..

Waterloo Bridge Company incorporated.

Husband of femme covert Stockholder to be regarded as the Corpo

rator.

General powers of the

of certain dimensions;

and conveniences;

to erect toll-bars;

certain parts of an Act passed in the fourteenth year of His Majesty's reign, entitled, An Act for making more effectual provision for the Government of the Province of Quebec, in North America, and to make further provision for the Government of the said Province," and by the authority of the same, That the said William Scollick, Adam Ferrie, the younger, Thomas H. McKenzie, David Clemens, John Erb, Peter Erb, Abraham Erb, Abraham Kolb, Jacob C. Snyder, Jacob Shantz, Daniel Snyder, David Snyder, Henry Bechtel, George Clemens, Isaac Master, Jacob Hespeter, John Scott, and such other persons as shall become Stockholders of the Company hereinafter mentioned, shall be and are hereby ordained, constituted and declared, to be a body politic and corporate, in fact, and by the name of "The Waterloo Bridge Company."

II. Provided always, and be it further enacted by the authority aforesaid, That nothing in this Act contained, shall extend to give to any femme covert who shall be a subscriber to the stock of the said Company, a right to be regarded as a member of the Company, but that her husband shall be regarded as the Stockholder in her stead, notwithstanding the name of such femme covert, and not that of her husband, shall have been subscribed to the Stock of the said Company.

III. And be it further enacted by the authority aforesaid, That the said Company to erect Bridge; Company be and they are hereby authorised and empowered, at their own cost and charge, to erect a good and substantial Bridge over the Grand River, at or near the residence of Christian Shantz, the elder, in the Township of Waterloo, in the District of Gore; which bridge shall be at least twenty-five feet in width, and of sufficient strength to carry the hea viest carriages and cattle of every description; with sufficient side-rails for the security of passengers, and a convenient foot-way for passengers separated from the carriage-way by a secure railing; and that the said Company shall also be at liberty to erect and build such toll-houses, tollbars and dependencies, as they may deem proper, on or near the said Bridge; and that for the purpose of erecting and keeping in repair the for building and repairs. said Bridge, they shall have full power and authority to take, from time to time, and use such land on either side of the said River as may be necessary, and there to lay timber, boards, lumber, stone, gravel, sand and all other materials which may be required for building, maintaining or repairing the said Bridge, and there to make, work up and finish the same, doing no unnecessary damage; and also to construct, make, perform, and do all other matters and things which they shall think necessary and convenient for erecting, completing, maintaining, improving and using the said Bridge, in pursuance of and within the true intent and meaning of this Act.

to take and use land, &c.

Corporation

available.

receive tolls

IV. And be it further enacted by the authority aforesaid, That the said Property vested in the Bridge, toll-houses and other dependencies, at or near thereto, the approaches thereto, and all materials which shall be, from time to time, gotten or provided for erecting and maintaining the same, shall be and the same are hereby vested in the said Company and their successors for ever; and so soon as the said Bridge shall be erected and built, and the certificate of inspecting same, as well as the access thereto, shall be made fit and proper for the Justices that the Bridge is passage of travelling carriages, and cattle of every description, and the same shall have been inspected and approved of by two Justices of the Peace for the District, it shall be the duty of the said Justices to give to the said Company, a certificate under their hands and seals to that effect, which certificate shall be published twice in some newspaper published in in the District of Gore; after which publication it shall and may be law- Company entitled to ful for the Company, from time to time, and at all times, to ask for, receive and take, to and for their own proper use, benefit and behoof, as toll or duty, the following sums, that is to say-Every waggon or sleigh, with one pair of horses, six-pence; every waggon or sleigh, with two pair of horses, ten-pence; every pleasure carriage, with two horses, seven-pence half-penny; every sleigh or pleasure waggon, with one horse, four-pence; for every additional horse to such pleasure sleigh or waggon, two-pence; every saddle horse, four-pence; every sleigh or waggon, with one yoke of oxen, four-pence; every additional yoke to ditto, three-pence; every head of horned cattle, two-pence; every hog, pig, goat or calf, one penny; every sheep or lamb, one half-penny; every horse, when in droves, threepence; every ass or mule, three-pence; every foot passenger, one penny : Provided, that the said Company shall affix, and keep affixed, at or near the toll-house or gate, a table of the rates of toll payable for passing over the bridge, painted in plain and conspicuous characters.

Scale of tolls

Tolls vested in the

V. And be it further enacted by the authority aforesaid, That the said tolls shall be, and the same are hereby vested in the said Company, and Company. their successors.

VI. And be it further enacted by the authority aforesaid, That if any Penalty for evading payperson shall pass over, or wilfully attempt to pass over the bridge, without ment of toll paying the toll, every such person shall forfeit and pay to the Company the sum of five shillings, to be recovered on the oath of one or more credible witness or witnesses, or upon confession of the party before some one of Her Majesty's Justices of the Peace for the District of Gore; and in default of payment, the said penalty shall be levied by distress and sale of the goods and chattels of the offender, by warrant under the hand seal of such Justice, and the overplus (if any) shall be returned to the owner; and in case no such distress shall be found, such offender shall be commit