and meaning of this Act, that the said Company shall realize and receive as a clear profit, arising from the net profits, or from the net profits and sum to be paid by the Province jointly, a rate of interest equal to five per centum on such capital sum, not exceeding one hundred thousand pounds, as may be invested in the said part of the said contemplated Railroad, and its said Branches, during each and every year, not exceeding ten years in the whole, that the said part of the said contemplated Railroad shall be in efficient operation as aforesaid.

7. This Act shall not come into operation or be in force until Her Majesty's Royal approbation be thereunto first had and declared.

[This Act was specially confirmed, ratified, and finally enacted, by an Order of Her Majesty in Council dated the 20th day of May 1847, and published and declared in the Province the 23d day of June 1847.]

11th VICTORIA-CHAPTER 43.

An Act to empower and authorize the Justices of the Peace for the County of Charlotte to lease a certain piece of Common Land in the Parish of Saint Andrews, and to invest the proceeds towards the support of the Poor of the said Parish.

Section-1. What land, and how Justices of Charlotte may lease to Corporation.

Passed 30th March 1848.

WHEREAS a certain piece of land situate in the Parish of Saint Andrews, in the County of Charlotte, was granted by Letters Patent under the Great Seal of this Province to the Justices of the Peace for the County of Charlotte, in trust for the benefit of the inhabitants of the Town of Saint Andrews, which said piece of land contains ninety eight acres, and is situated at the south east end of the Town Plat of Saint Andrews, and is known as part of the Commons of the said Town: And whereas the Saint Andrews and Quebec Railroad Company are desirous of leasing a part of the said Com

mons;

Be it therefore enacted, &c.-1. The said Justices of the Peace for the County of Charlotte be and they are hereby authorized and empowered, by a good and sufficient Lease, to grant and to farm let such part, not exceeding twelve acres,

of the herein before described tract or parcel of land, as they in their discretion may think fit, for any term not exceeding twenty one years, and to appropriate the proceeds arising therefrom towards the support of the poor of the said Parish of Saint Andrews; provided always, that such Lease shall be made only to the Quebec and Saint Andrews Railroad Company for the purposes of such Railroad.

11th VICTORIA-CHAPTER 48.

An Act in addition to and amendment of an Act further to amend and extend the provisions of an Act intituled An Act to incorporate the Saint Andrews and Quebec Railroad Company.

Be it enacted, &c.-1. In determining the amount of damages or compensation to be paid by the said Saint Andrews and Quebec Railroad Company to the proprietors or occupiers of any land or premises which the said Company may require for the purposes of the said Railroad, or which may be damaged in any way by the construction of the same, regard shall be had to the value of such land or premises before the present year, and not to the increased value which the construction of the said Railroad will occasion, and that such damages or compensation, in case of disagreement, shall be ascertained and determined in such manner and form, and by such ways and means, as shall be directed and prescribed by any Act now in force or to be passed at the present or any future Session of the General Assembly of this Province.

2. Repealed by 12th Vic. cap. 60. See post. page 310.

3. If it should so happen that the said Directors or other officers in the said Saint Andrews and Quebec Railroad Company should not be chosen on the first Tuesday in May in any year, as directed by the Act of Assembly incorporating the said Company, made and passed in the sixth year of the Reign of

His late Majesty William the Fourth, that then it shall and may be lawful to choose such Directors and officers on any other day, between the hours of twelve at noon and three in the afternoon of such day, on giving fourteen days notice of the time and place of such meeting in the Royal Gazette or other Newspapers published in Fredericton, also in one of the Newspapers published in the City of Saint John, and also in one or more Newspapers, if any, published in Saint Andrews; and in case any Director shall be removed by the stockholders for misconduct or mal-adininistration, his place shall be filled up by the stockholders, fourteen days notice being in like manner given of the time and place of meeting for such purpose; and in case of any vacancy among the Directors by death, resignation, or disqualification by sale and transfer of stock, then and in either of such cases the said Directors shall and may fill up such vacancy, by choosing one of the stockholders, duly qualified, in his stead; and the person so chosen by the stockholders or Directors, shall serve until another be chosen in his room, any thing in the hereinbefore mentioned Act incorporating the said Company to the contrary notwithstanding.

4. And whereas four thousand shares of the capital stock of the said Saint Andrews and Quebec Railroad Company have been set apart by the said Company for shareholders in the United Kingdom, and a portion of such shares have already been subscribed and a deposit paid thereon by noblemen and gentlemen there resident: And whereas the said Company are desirous of creating a distinction between the shares held in the United Kingdom and the other shares in the said Company, and of yielding certain privileges and advantages to the shares held in the said United Kingdom;-Four thousand shares in the said Company shall and may be set apart by the Directors of the said Company for shareholders in the United Kingdom, to be designated as shares in Class A, and shall be numbered consecutively from number one to number four thousand inclusive, in the said Class A; and that all other shares in the said Company shall be designated as Class B, and shall be numbered consecutively from number one to such number of shares as may be subscribed for or issued by the said Company.

5. The Directors of the said Company shall and may have

power to assign and transfer to the holders of shares in Class A, the whole or any part of any guarantee of interest, grant of money or lands, or other benefit, profit, or advantage, which now, hath been, or hereafter may be granted, conceded, or allowed to the said Company by Act of Assembly in this Province, or otherwise howsoever; and that for the more effectually carrying out and perfecting the said assignment or transfer, or more than one if necessary, the Directors of the said Company shall have power to establish an agency in London for the transaction of business with reference to the said shares in Class A, subject to such rules and regulations as shall be prescribed by the bye laws of the said Company.

6. Whenever it may be necessary to move any of the Officers or Soldiers of Her Majesty's Forces of the Line, Ordnance Corps, Marines, Militia, or Police Force, by the said Saint Andrews and Quebec Railway, or any of its branches, the Directors thereof shall and they are hereby required to provide conveyances for the said Military, Marine, and Police Forces respectively, with their baggage, stores, arms,, ammunition, and other necessaries and things, at such time or times, whether the same shall be the usual hours of starting trains or not, as shall be required or appointed by any Officer duly authorized for that purpose, at such prices and upon such conditions as may from time to time be contracted for between the Secretary at War or some Officer duly authorized for that purpose, and the said Company.

7. If a line of Electrical Telegraph shall be established by the said Company upon the line of the said Saint Andrews and Quebec Railway, or any part thereof, or upon any of its branches, otherwise than exclusively for the purposes of the said Railway, the use of such Electrical Telegraph, for the purpose of receiving and sending messages, shall be subject to the prior right of use thereof for the service of Her Majesty, and for the purposes of the said Company; and subject also to such equal charges and to such reasonable regulations as may be from time to time made by the said Company, be open for the receiving and sending of messages by all persons alike, without favour or preference.

8. It shall be lawful for the Lieutenant Governor or Administrator of the Government in this Province for the time being,

at any time either before or after any bye law, order, rule, or regulation laid before him by the said Company, shall have come into operation, to notify to the said Company his disallowance thereof, and in case the same shall be in force at the time of such disallowance, the time at which the same shall cease to be in force, and no bye law, order, rule, or regulation which shall be so disallowed, shall have any force or effect whatsoever, or if it shall be in force at the time of such disallowance, it shall cease to have any force or effect at the time limited in the notice of such disallowance, saving in so far as any penalty may have been already incurred under the same.

11th VICTORIA-CHAPTER 63.

An Act to extend the provisions of an Act intituled An Act to facilitate the making of a Railroad from Saint Andrews in the County of Charlotte, to Woodstock in the County of Carleton, and Branches thereof.

WHEREAS the Saint Andrews and Quebec Railroad Company have actually commenced the construction of a Railroad from Saint Andrews in the County of Charlotte, to Woodstock in the County of Carleton, and it hath been deemed advisable further to encourage the said undertaking, and thereby lead to a more speedy completion of the work, by increasing the rate of interest on a portion of the capital sum to be invested in the undertaking, for the payment of which the faith and credit of this Province stand pledged, and to extend the period of time during which such increased interest shall be paid ;

Be it therefore enacted, &c.-1. The rate of annual profit or interest for which the faith and credit of the Province stand pledged to the Saint Andrews and Quebec Railroad Company, by the fifth Section of an Act made and passed in the tenth year of Her Majesty's Reign, intituled An Act to facilitate the making of a Railroad from Saint Andrews in the County of