Conviction and fenders. punishment of shall and may be seized and detained by any such officer or agent, or any person whom he may call to his assistance, until such offender or offenders can be conveviently taken before some Justice of the Peace for the District wherein such offence shall be committed, and when convicted before such Justice as aforesaid, (who is hereby authorized and required, upon complaint to him upon oath, to take cognizance thereof, and to act summarily in the premises,) shall, in the discretion of such Justice, forfeit to Her Majesty any sum not exceeding ten pounds; and in default of payment thereof, shall or may be imprisoned for any term not exceeding two calendar months; such imprisonment to be determined on payment of the amount of penalty. XXXVII. And for the more easy and speedy conviction of offenders against this Act, Be it further enacted, That all and every the Justice and Justices of the Peace viction estabbefore whom any person or persons shall be convicted of any offence against this Act, shall and may cause the conviction to be drawn up according to the following, or in any other form of words to the same effect, as the case shall happen, viz: day of in the year of Our Lord One Thousand Eight Hundred and "A. B. is convicted before me, C. D. (or before C. D. and E. F.) one (or two) of Her "Majesty's Justices of the Peace for the District of 66 (specifying the offence and the time and place when and where the same was committed, "as the case may be,) contrary to an Act passed in the year of the Reign of Queen Victoria, intituled, (here set forth the title of this Act.) "Given under my Hand and Seal (or our Hands and Seals) the day and year first above "mentioned." Form of con lished. The form. Fines and forfeitures how and applied. to be recovered XXXVIII. And be it enacted, That all fines and forfeitures inflicted by this Act, or which shall be inflicted by virtue of any rule, order, or by-law to be made in pursuance thereof, (of which rule, order or by-law, when produced, all Justices are hereby required to take notice) the levying and recovering of which fines and forfeitures are not particularly herein directed, shall, upon proof of the offence before any one or more Justice or Justices of the Peace for the District, either by the confession of the party or parties, or by the oath or affirmation of any one credible witness (which oath or affirmation such Justice or Justices are hereby empowered and required to administer without fee or reward,) be levied by distress and sale of the offender's goods and chattels, by warrant under the hand and seal, or hands and seals, of such Justice or Justices; and all such respective fines, forfeitures or penalties by this Act imposed and inflicted, or authorized to be imposed and inflicted, the application whereof is not hereinbefore particularly directed, shall be paid into the hands of the Treasurer or Receiver of the monies to be raised by virtue of this Act, and shall be applied and disposed of for the use of the said Telegraph or undertaking, and the overplus of the money raised by such distress and sale, after deducting the penalty and expenses of the levying and recovering thereof, shall be rendered to the owner of the goods so distrained and sold; and for want of sufficient goods and chattels whereof Imprisonment to levy the said penalty and expenses, the offender shall be sent to the Common Jail for want of for the District of Quebec, there to remain without bail or mainprize, for such term not exceeding one month, as such Justice or Justices shall think proper, unless such penalty or forfeiture, and all expenses attending the same, shall be sooner paid and satisfied. distress. Appeal al lowed. Limitation of actions, and protection of under this Act. XXXIX. And be it enacted, That if any person or persons shall think himself, herself or themselves aggrieved by anything done by any Justice of the Peace in pursuance of this Act, every such person or persons may, within four calendar months after the doing thereof, appeal to the Justices of the Court of Queen's Bench for the District wherein the offence shall have been committed, at the Session next after such conviction for holding Criminal Pleas. XL. And be it enacted, That if any action or suit shall be brought or commenced against any person or persons for anything done or to be done in pursuance of this parties acting Act, or in the execution of the powers and authorities, or the orders and directions hereinbefore 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 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 so brought after the time so limited for bringing the same, or if the Plaintiff or Plaintiffs shall be 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 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. Costs allowed. The Company may enter into arrangements with other Companies for a continuous line of Tele graph to Hali fax. Telegraph to be completed within a certain time. Public Act. Copy to be evidence. XLI. And in order to ensure the establishment of a continuous line of Telegraph in communication between Halifax and Quebec, Be it enacted, That the said Com pany shall be authorized to enter into arrangement and co-operate with any Company or Companies which may be formed in this Province, or in the Province of Nova Scotia, or of New Brunswick, to undertake the construction of a line or lines of Electric Telegraphs in their respective Provinces, and that the Company hereby incorporated shall have full power, if they shall deem it advisable, to treat with such Company or Companies, and enter into such arrangements as may be necessary to unite the several interests in one general Association. XLII. And be it enacted, That the said Company, to entitle themselves to the benefits and advantages to them granted by this Act, shall, and they are hereby required to make and complete the said Telegraph in the manner aforesaid, within three years from the passing of this Act; and if the same shall not be so made and completed within the said period, so as to be used by the public as aforesaid, then this Act and every matter and thing therein contained shall cease and be utterly null and void. XLIII. And be it enacted, That this Act shall be deemed and taken as a Public Act, and as such shall be judicially taken notice of by all Judges, Justices of the Peace and others, without being specially pleaded, and a Copy printed by the Queen's Printer shall be evidence and full proof thereof in all Courts of Justice. MONTREAL :-Printed by STEWART DERBISHIRE & GEORGE Desbarats, ANNO DECIMO ET UNDECIMO VICTORIÆ REGINÆ. WH CAP. LXXXIII. An Act to incorporate The Montreal Telegraph Company. [ 28th July, 1847. ] sons incorpo rated. HEREAS Andrew Shaw, George Elder, Junior, John Glass, Henry Chapman, Preamble. John Young, and other inhabitants of this Province, having associated themselves together, have constructed an Electro-Magnetic Telegraph extending from the City of Toronto to Quebec, through Port Hope, Cobourg, Belleville, Kingston, Brockville, Prescott, Cornwall, Montreal, Berthier and Three-Rivers, and have petitioned to be incorporated for the purposes of this Act; and it is expedient to grant the prayer of their Petition: 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, and 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 said Andrew Shaw, George Elder, Junior, John Certain perGlass, Henry Chapman and John Young, together with all and such persons as shall become Stockholders of the Company hereinafter mentioned, shall be, and are hereby constituted a body corporate and politic by the name of The Montreal Telegraph Com- Corporate pany, and by that name they and their successors shall and may have continued succession, and may contract and be contracted with, sue and be sued, plead and be impleaded, answer and be answered unto, in all Courts and places whatsoever, in all manner of actions, suits, complaints, matters and causes whatsoever; and that they and their successors may and shall have a common seal, and may change and alter the same at their will and pleasure, and also that they and their successors shall be in law capable of purchasing, having and holding to them and their successors any estate, real and personal or mixed, to and for the use of the said Company, and of letting, conveying or otherwise departing therewith for the benefit and on account of the said Company from time to time as they shall deem necessary or expedient; Provided always, that the real estate to be held by the said Company shall be only such as may be necessary for the purpose of building, using and preserving the said Electro-Magnetic Telegraph, and for objects immediately connected therewith. name and powers. May have a Common Seal. Motto: Fulminis ocior alis. Proviso as to real property. II. And be it enacted, That the Stock, Property, Rights and Claims of the said Property and Association, shall, from and after the passing of this Act, be vested in the said liabilities transferred. Corporation, Power given to maintain present works. To alter and renew them. trces that in terfere. To cross over bridges and rivers. Corporation, and the liabilities of the said Association shall be the liabilities of the said Corporation. III. And be it enacted, That the said Company shall have full power and authority to maintain and keep up that part of the said Electro-Magnetic Telegraph already erected, and built by them in such manner and in such places as the same has been and now is constructed, and to complete the same from the said City of Toronto to the said City To cut down of Quebec, and in making or maintaining and repairing the same, to take down, remove, replace, renew, and re-erect the same in any other part of the public roads and highways of the several Districts, Cities, Towns and Villages between the said City of Toronto and the said City of Quebec, through which the same is carried, to cut down and remove all trees which may obstruct or interfere with the erection or efficient Public be not Working of the same, also to cross the line on all bridges and over all rivers; Provided always, that the full and perfect use and enjoyment by the public of the roads and highways over which the same may pass be in no ways infringed or impeded by the works of the said Company, and that the navigation be not hindered; and that no further or other posts or erections shall be put or placed in and upon such roads or highways except under the direction of the Commissioners of Public Works or their Officers. Provided the incommoded or navigation hindered. And subject to the control of the Commisrioners of Public Works. Penalties for malicious mischief to telegraph or works. How recover ed: Act 4 & 5 V.c. 27, cited. Shares to be 1500 or more of £10 currency each. Capital Stock IV. And be it enacted, That if any person or persons shall wilfully or maliciously break, throw down or destroy any wire, post, erection, machine, device or work now erected, belonging to the said Company, or to be erected or made by virtue of this Act, to the prejudice of the said Company, or do any other wilful act, hurt or mischief to disturb, hinder or prevent the carrying into execution, supporting or maintaining of any of the works connected with the said Electro-Magnetic Telegraph, every such person or persons so offending shall forfeit and pay to the said Company treble the value of the damage proved by the oath of two or more credible witnesses to have been done, such damages together with costs of suit on that behalf incurred, to be recovered on information by summary proceedings before two or more Justices of the Peace for the district in which the offence shall have been committed, or the offender shall be in the same manner and in the same form and with the same rights and provisions with regard to appeal or otherwise as contained in the Act of this Province, passed in Session held in the fourth and fifth years of Her Majesty's Reign, intituled, An Act for consolidating and amending the Statutes in this Province relative to offences against the person, or in any Court of Law in this Province having jurisdiction competent to the same, and in case of default of payment such offender or offenders shall and may be committed to the common Jail of the District, for any time not exceeding six months, at the discretion of the Court before which such offender shall be committed. V. And be it enacted, That a share in the Capital Stock of the said Company shall be Ten Pounds, and the Capital Stock of the Company shall be Fifteen Thousand Pounds, current money of Canada, divided into Fifteen Hundred Shares, and the said Capital Stock shall be increased from time to time, should a majority of Shareholders consider it necessary; and that such Shares shall be transferable in the books of the Shares trans said Company only, and shall be deemed personal property, and as such shall and may ferable as per be disposed of, and shall like other personal property be subject to execution and sale for the satisfaction of debts. £15000 or more. sonal property. Affairs of the Company to be managed by five Directors. Time and tice. ballot. VI. And be it enacted, That the stock, property, affairs and concerns of the said Company shall be managed and conducted by Five Directors, one of whom shall be chosen President, who shall hold their offices for one year only, unless re-elected, and such Directors shall be Stockholders, and be elected on the Second Friday of January President. in every year, at such place in the City of Montreal, and at such hour as a majority of place of electhe Directors for the time being shall appoint, and public notice shall be given by the tion. said Directors in two or more newspapers printed in Montreal, and in such other newspapers of the Province as the Directors may think fit, of such time and place not less than ten days previous to the time of holding such Election, and the said Election Ten days' noshall be held and made by such of the Stockholders of the said Company as shall attend for that purpose in their own proper person or by proxy, and all Elections for Election by Directors shall be by ballot, and the five persons who shall have the greatest number of votes at any Election shall be Directors; and if it shall happen at any election that Case of equa two or more persons have an equal number of votes in such manner that a greater lity of votes. number than five shall by plurality of votes appear to be chosen as Directors, then the Shareholders hereinbefore authorized to hold such Election shall proceed by ballot a second time, and by plurality of votes determine which of the said parties so having an equal number of votes shall be the Director or Directors, so as to complete the whole number of five; and the said Directors so soon as may be after the said election shall proceed in like manner to elect one of their number to be President; and the said President with two others of the said Directors shall form a Quorum for the transaction of business connected with the said Company; and if any vacancy or vacancies shall at any time happen among the Directors or in the office of President, by death, resignation or removal from the Province, such vacancy or vacancies shall filling vacanbe filled for the remainder of the year in which they may happen by a Stockholder or Stockholders to be nominated by a majority of the Directors: Provided always, that no person shall be eligible to be a Director who shall not be a Stockholder to the amount of at least fifteen Shares. VII. And be it enacted, That each Stockholder shall be entitled to one vote for each and every share, not exceeding fifty, he or she shall have held in his or her own name, at least thirty days prior to the time of voting. VIII. And be it enacted, That in case it shall at any time happen that an election of Directors shall not be made on any day when, pursuant to this Act, it ought to have been made, the said Corporation shall not for that cause be deemed to be dissolved, but that it shall and may be lawful on any other day to hold and make an election of Directors in such manner as shall have been regulated by the By-laws and Ordinances of the said Corporation. President to bo elected. President and two other Di rectors to form a quorum. Manner of cies. Proviso: qua lification of Directors. One vote for exceeding 50. each share not Remedy if rectors be not made at time election of Di appointed. tion of debts chargeable otherwise than on the IX. And be it enacted, That no Director, Officer or Agent of the said Company Noncontrac shall be authorized to contract any debt or obligation, creating a charge upon the members individually, or upon any other fund than the capital stock subscribed, or other property and income of the Company; and this limitation of power shall be incorporated in every contract made in the name or upon the responsibility of the said Company. general Stock, X. And be it enacted, That it shall and may be lawful for the Directors of the said Directors to Company, or a major part of them, from time to time to fix and regulate the charges fix charges for communica or tions. |