places, or arches over, across, or under the places where the said Railroad, trenches, or water courses, or other works respectively, shall be intended to be made for such road, way, or path, and of such dimensions and in such manner as may be found proper and effectual; and all such gates, stiles, bridges, arches, and other works and conveniences so to be made, shall from time to time be supported, maintained, and kept in sufficient repair by the said Corporation. 22. When and so often as it shall be necessary to cut into any highway in order to conduct the said Railroad across or through the same, the said Corporation shall in the first place make a temporary road passing round and avoiding that part of the highway which is to be crossed by the said Railroad, but as nearly in the line of the said highway as shall be possible, and such temporary road shall be made as good and as convenient for carriages in all respects as the highway so to be crossed or passed, or by carrying the said Railroad on a good and sufficient viaduct over the said highway, and shall be kept in the same state of repair during the whole time the former highway shall remain obstructed, and the said Corporation shall then proceed with all possible dispatch to carry the said Railroad across the said highway, and after having done so shall restore to the said highway its former direction by continuing it across the said Railroad either on a level with the top of the rail thereof, or by means of a sufficient and commodious bridge over the said Railroad having a rise on the roadway of not more than one foot in eighteen; and the said Corporation is hereby authorized and empowered to enter into and take, hold and use, or to occupy for a limited time, any land or grounds necessary for carrying the provisions of this Section into effect, under the provisions of this Act, with respect to the taking, holding, and using or occupying of other lands or grounds necessary for making and completing the said Railroad, and in addition to the extent of land which they by the other Sections of this Act are empowered to take for the said purpose, any thing in this Act to the contrary notwithstanding. 23. If the said Railroad shall cross and divide the lands of any person or persons so as to cut off that free communication which before existed from the said land and any highway, in such case the said Corporation shall make and maintain a crossing place, viaduct, or bridge, as might be used under the provisions of the preceding Section for passing any highway, within half a mile of each and every land so divided, and shal! make and maintain a good and sufficient road twenty five feet wide, (passing close to the fence dividing the said Railroad from the neighbouring lands, from which such road shall also be divided by a fence made and kept in repair by the said Corporation) from each end of the said crossing place, viaduct, or bridge, to each detached portion of every land so divided, so that the proprietors of such lands may have the power of passing from the said land to the said highway as they had before the said Railroad was made; and the said Corporation is hereby empowered to take, hold, and use, under the provisions made by this Act with respect to the taking, holding, and using any other lands or grounds necessary for making and completing the said Railroad, so much land as may be necessary for carrying the provisions of this Section into effect, and in addition to the extent of land which they are by the other Section of this Act empowered to take for the said purpose, any thing in this Act contained to the contrary notwithstanding. 24. The several and respective persons united into a Corporation as aforesaid for making the said Railroad and other works as aforesaid, shall and they are hereby severally required to pay the respective sums which may be by them subscribed, to be advanced as aforesaid, towards making and completing the said Railroad and other works, or such portion of such sum as shall from time to time be called for by the said Corporation by virtue of the powers and directions of this Act, and also all persons who may hereafter subscribe and agree to advance and pay any money for the purposes aforesaid, are hereby required to pay the sum or sums of money which shall be by them respectively subscribed to be advanced, or such portion or portions thereof as shall from time to time be called for by the said Corporation, by virtue of the powers and directions of this Act, and in case any of the said several and respective persons who may have subscribed or who shall hereafter subscribe to advance and pay any sum or sums of money as aforesaid, shall neglect or refuse to pay the same at such time and times as shall be required by the said Corporation as aforesaid, then and in such case it shall be lawful for the said Corporation to sue for and recover the same in any Court of Law having competent jurisdiction. 25. Repealed by 10th Vic. cap. 27. See post. page 294. 26. If any person or persons shall wilfully, maliciously, and to the prejudice of the said Corporation, break, throw down, damage, or destroy any wharf, bridge, fence, rail, support, engine, machine, machinery, or other works or device erected, constructed, or possessed under the authority of this Act, or do any other wilful act, hurt, or mischief, to disturb, hinder, or prevent the carrying into execution, making, completing, supporting, maintaining, and using the said Railroad and other works, every such person or persons so offending shall forfeit and pay to the said Corporation the value of the damage proved by the oath of two or more credible witnesses to have been done, and such damage and the costs of suit in that behalf incurred, to be recovered by action in any Court of Law in this Province having jurisdiction to the amount of the sum demanded as damages, and in case of default of payment such offender or offenders against whom judgment shall in such behalf have been rendered, shall be committed to the common gaol for any time not exceeding three months, at the discretion of the Court by whom such judgment shall have been given, and shall also be liable to the punishment prescribed for felony in an Act made and passed in the first year of the Reign of His present Majesty, intituled An Act for the improving of the administration of justice in criminal cases. 27. If any suit shall be brought or commenced against any person or persons for any thing alleged to be done under the authority of this Act, or in execution of the powers and authorities, orders and directions, hereinbefore given, granted, or enacted, every such suit shall be brought or commenced within six calendar months next after the offence was committed, or in case there shall be a continuation of damages then within six calendar months next after the doing or committing of such damages shall cease, and not afterwards, and the defendant or defendants in such action or suit may plead the general issue, and give this Act and the special matter in evidence at any trial to be had thereon, and that the same was done under the authority of this Act, and if it shall appear to have been so done, or if any action or suit be brought or commenced after the time hereby limited for the bringing or commencing the same, or if the plaintiff or plaintiffs shall become non-suit or discontinue his, her, or their action or suit after the defendant or defendants shall have appeared, or if judgment shall be given against such plaintiff or plaintiffs, the defendant or defendants shall have full costs and such remedy for the same as any defendant or defendants hath or have for costs of suit in other causes in law. 28. The Directors of the said Corporation shall make yearly dividends of the tolls, income, and profits arising to the said Corporation, first deducting thereout the annual costs, charges, and expenses of the said Corporation, as well for the repairs of the works belonging to them as for the salaries and allowances to their several officers and servants, and for such other purposes connected with the said Corporation as may be deemed proper by the said Directors. 29. The joint stock or property of the said Corporation shall alone be responsible for the debts and engagements of the said Corporation, and no person or persons who shall or may have dealings with the said Corporation shall on any pretence whatsoever have recourse against the separate property of any individual member or members of the said Corporation, or against their person or persons, further than is herein specially provided, and that may be necessary for the faithful application of the funds of this Corporation. 30. Any joint Committee hereafter to be appointed by the Honorable the Legislative Council and the House of Assembly for the purpose of examining into the proceedings of the said Corporation, shall either during the Session or prorogation of the General Assembly have free access to all the books and accounts of the same. 31. The said Corporation shall not directly or indirectly deal or trade in buying or selling gold or silver coins, or bills of exchange, or in lending money by way of discount, or engage in any Banking operations whatsoever. 7th WILLIAM 4th-CHAPTER 38. An Act to amend an Act to incorporate the Saint Andrews and Quebec Railroad Company. Section. 1. Repeal in part of Section. Section. 2. When first general meeting to be held. Passed 1st March 1837. Be it enacted, &c.-1. So much of the twelfth Section of an Act passed in the sixth year of His present Majesty's Reign, intituled An Act to incorporate the Saint Andrews and Quebec Railroad Company, as requires that two hundred and fifty thousand pounds of the capital stock of the said Corporation shall have been actually subscribed for before the holding of the first general meeting of the said Corporation at Saint Andrews, be and the same is hereby repealed; and in lieu thereof,— 2. The first general meeting of the said Corporation shall be held in Saint Andrews, in the County of Charlotte, as soon as twenty five thousand pounds of the capital stock of the said Corporation shall have been actually subscribed for, any thing in the said recited Act to the contrary notwithstanding. 10th VICTORIA-CHAPTER 27. An Act further to amend and extend the provisions of an Act intituled An Act to incorporate the Saint Andrews and Quebec Railroad Company. Section. 1. Repeal of part of Section; when may commence operations. 2. When Railroad to be completed. 3. Interest on shares, how paid till construc- 4. Certificate of shares, when evidence. 9. When may make Branch Railroads, 10. Statement of expenses, &c. when and where to be filed. 11. Purchase of Railway, when may be made by Government. Section. 12. Mails, &c. when and how may be for warded. 13. Compensation for carrying Mails, how 14. Arbitrators, &c how nominated. 16. When no dividend to be paid. 18. Places of deposit for sums paid on shares. 20. How rate of tolls may be varied. Passed 23rd March 1847. Be it enacted, &c.-1. So much of the third Section of an Act made and passed in the sixth year of the Reign of His late Majesty William the Fourth, as requires ten thousand shares of the capital stock to have been actually subscribed for before |