liberal and fair construction as will best ensure the carrying into effect of this Act according to its true intent and spirit.

XVIII. And be it enacted, That it shall not be lawful for the said Corporation to commence or proceed with their operations under this Act, unless they shall have first paid up the sum of ten per cent. on the amount of their capital stock.

XIX. And be it enacted, That nothing in this Act contained shall in any manner derogate from or affect the rights of Her Majesty, Her Heirs or Successors, or of any person or persons, body politic or corporate, excepting so far as the same may be specially derogated from or affected by the provisions of this Act.

XX. And be it enacted, That this Act shall be deemed a Public Act, and as such Public Act. shall be judicially noticed by all Judges, Justices and others whom it shall concern, without being specially pleaded.

to be my Proxy, Form of

"and to vote and act for me as such at all Meetings of the Shareholders of The "Canada Mining Company, and in my name to do all things with regard to the business of the said Company, which I may, by law, do by Proxy.

Proxy.

" I, A. B., for value received, do hereby bargain, sell and transfer to C. D. "share (or shares) of the Stock of The Canada Mining Company to hold to him the said "C. D., his heirs, executors, curators, 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 and accept of "the said share (or shares) subject to the same rules, orders and condi

"tions. Witness our hands and seals, this " year

in the

day of

A. B.

C. D."

MONTREAL :-Printed by STEWART DERBISHIRE & GEORGE Desbarats,

Law Printer to the Queen's Most Excellent Majesty.

Form of
Transfer.

An Act to incorporate The Garden River Copper Mining Company.

WH

[ 28th July, 1847. ]

HEREAS the several persons hereinafter named have by their Petition repre- Preamble. sented that they have associated themselves together, with divers others, for the purpose of exploring for and working Mines of Copper and other ores, and of smelting the same on the shores of Lakes Huron and Superior, and elsewhere, by Articles of Agreement, entered into at the City of Montreal, on the twenty-second day of June, in the year of our Lord one thousand eight hundred and forty-seven, and have purchased extensive tracts of Land whereon to carry on their operations, but that they experience great difficulties in carrying out the objects for which they are associated without an Act incorporating them with the powers hereinafter mentioned, and have prayed that such Act may be passed: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That the Honorable Certain perGeorge Pemberton of London, George N. Sanders of New York, and Lewis T. sons incorpora Druminond, John Donegani, George Desbarats, Benjamin H. Lemoine, John Simpson and Stewart Derbishire, all of Montreal, and their successors, and such and so many other persons or parties as have become, or shall become shareholders in the Capital Stock hereinafter mentioned, shall be and they are hereby constituted a Body Politic and Corporate, in fact and in name, by the name of The Garden River Copper Mining Corporate Company, and by that name shall and may sue and be sued, implead and be name and pow impleaded, answer and be answered unto in all Courts of Law or Equity whatsoever, and shall have uninterrupted succession with a Common Seal, which may by them be changed or varied at their pleasure.

II. And be it enacted, That no shareholder in the said Corporation shall be in any manner whatsoever liable for or charged with the payment of any debt or demand due by the said Corporation, beyond the amount of his, her or their subscribed share or shares in the Capital Stock of the said Corporation.

ted.

crs.

Stockholders

to be liable to the amount of

their shares

only.

III. And be it enacted, That the Capital Stock of the said Corporation shall be Number of thirty-seven thousand five hundred pounds, and the same is hereby declared to be divided into fifteen thousand shares, of the value of two pounds ten shillings each.

shares of Stock of Corporation.

Calls on holders of Stock.

Certain property vested in Corporation,

Corporation may hold real

property to ex

tent of £25,000.

May explore

for the purpose per and other

of finding cop

ores.

Corporation may increase

to £100,000. currency.

IV. And be it enacted, That the calls to be hereafter made on the holders of the said Stock shall be paid by instalments when and in such manner as shall be prescribed by the Directors hereinafter named: Provided also, that nothing herein contained shall exonerate, diminish or relieve any party from existing liability to the said Company, whether the said liability relates to contributions due or to fall due upon Stock already issued or otherwise, but on the contrary all such liability and contributions shall and may be enforced in the same way, and the said Corporation shall have the same remedy to enforce the payment of calls and sums now due or called for, as is hereinafter prescribed with respect to future calls and liabilities.

V. And be it enacted, That all and every the estate and property, real or personal, belonging to the Association formed under the Articles of Association aforesaid, at the time of the passing of this Act, or which may be subsequently acquired by them, and all debts or claims due to or possessed by the said Association, shall be and hereby are transferred to and vested in the Corporation hereby established, which shall in like manner be liable to and for all debts due by or claims upon the said Association; and the Trustees of the said Association, at the time of the passing of this Act, shall be Directors of the said Corporation, as if elected under this Act, until their successors shall be elected as hereinafter provided.

VI. And be it enacted, That it shall be lawful for the said Corporation to have and hold such lands and immoveable or real property as may be necessary for carrying on the business of the said Corporation, provided the sum invested in real property purchased from private individuals do not at any one time exceed twenty-five thousand pounds; and it shall be lawful for the said Corporation to sell, lease, or otherwise dispose of the said property and estate as they may see fit.

VII. And be it enacted, That it shall be lawful for the said Corporation to engage in and follow the occupation and business of carrying on exploration for and of finding and getting copper and other ores, metals, and minerals, and manufacturing and of disposing of the same for the benefit of the said Corporation, and to do all things necessary for the purposes aforesaid, not inconsistent with the rights of any other parties or with the conditions of any grants or other title under which the said Cor poration may hold the lands in which such things are to be done.

VIII. And be it enacted, That if the said sum of Thirty-seven thousand five Capital Stock hundred pounds be found insufficient for the purposes of this Act, then and in such case it shall be lawful for the Members of the said Corporation by a vote of not less than two-thirds in number of the Shareholders, representing not less than eight thousand shares, at any General Meeting to be expressly called for that purpose, to increase the Capital Stock of the said Corporation, either by the admission of new members as subscribers to the said undertaking or otherwise, to a sum not exceeding in all the sum of One hundred thousand pounds currency, including the said sum of Thirty-seven thousand five hundred pounds currency hereinbefore authorized to be raised, in such manner and upon such terms and conditions and under such regulations as shall be approved and agreed upon; and the capital so to be raised by the creation of new shares shall be in all respects part of the Capital Stock of the said Corporation; and every Shareholder of such new Stock shall be a member of the said Corporation, and be entitled to all and every the same powers, privileges and rights as the persons who

are

are now Shareholders, in proportion to the interest or number of shares which he may acquire, and to the amount of calls paid thereon, and shall also be liable and subject to the same obligations and stand interested in all the profits and losses of the said undertaking in proportion to the sum that he shall subscribe and pay thereto, as fully and effectually to all intents and purposes whatsoever as if such other or further sum had been originally raised as a part of the said first sum of Thirty-seven thousand five hundred pounds; any thing herein contained to the contrary notwithstanding.

Corporation money from time to time.

may borrow money from

IX. And be it enacted, That it shall be lawful for the said Corporation from time to time to borrow either in this Province or elsewhere, all such sum or sums of money not exceeding in all, at any one time, Twenty-five thousand pounds currency, as they may find expedient, and to make the bonds, debentures or other securities they shall grant for the sums so borrowed payable either in currency or in sterling with interest, and at such place or places within or without this Province as they may deem advisable, and such bonds, debentures or other securities may be made payable to bearer, or transferable by simple endorsement or otherwise, and may be in such form as the Directors for the time being may see fit; and the said Directors may hypothecate, mortgage or pledge the lands, revenues and other property of the said Corporation for the due payment of the said sums and the interest thereon: Provided always, that such Proviso. Corporation shall not be allowed to borrow any part of the said sum of Twenty-five thousand pounds until at least one half of the said Capital Stock of the said Corporation herein before authorized be paid up and available for the uses of the Corporation.

X. And be it enacted, That the Stock of the said Corporation shall be deemed personal or moveable estate, notwithstanding the conversion of any portion of the funds constituting the same into lands; and at all meetings of the Shareholders held in pursuance of this Act, whether the same be general or special, every Shareholder shall be entitled to as many votes as he shall have Shares in the said Stock, and such vote or votes may be given in person or by proxy; and all questions proposed or submitted for the consideration of the said meetings shall be finally determined by the majority of the votes, except in the case or cases otherwise provided for; and provided also, that no person shall be entitled to vote as proxy at any meetings unless he shall be a Shareholder in the said Corporation, and produce written authority as such proxy in the form prescribed by the Schedule A.

XI. And be it enacted, That the shares in the Stock of the said Corporation shall be assignable by delivery of the certificates, to be issued to the holders of such shares respectively, and by assignment in the form of the Schedule B, or in any other convenient form to be prescribed by any By-law of the said Corporation; and that by such assignment the party accepting such transfer shall thenceforth become in all respects a member of the said Corporation in respect of such share or shares in the place of the party so transferring the same; but no such transfer shall be valid or effectual until all calls or instalments due on the shares purporting to be transferred shall have been fully paid up and discharged; and a certified copy of such transfer extracted from the proper book of entry, and purporting to be signed by the Clerk, or other officer of the said Company duly authorized thereto, shall be sufficient primâ a cie evidence of every such transfer, in all Courts in this Province.

Property vest

ed in Direc

tors for time

being.

Shares of Stock to be delivery of

assignable by

certificates in

form of Sche dule B, &c.

XII.