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Telegraph charges and

property vested in Company.

Company may

have stations at places

the line shall

do so, on certain conditions

or dues to be received by the said Company for the transmission and delivery of communications by the said Electro-Magnetic Telegraph, and by their clerks and other officers and servants to ask for, demand, receive, recover, and take the same; and that the said Electro-Magnetic Telegraph and the said charges and dues for the transmission of such communications, and all posts, wires and materials of any kind which have been or shall from time to time be used, got or had for constructing, building, maintaining or repairing the same, shall be and are hereby vested in and shall be the property of the said Company and their successors for ever, notwithstanding the said posts or any other part of the apparatus or machinery of the said Telegraph be fixed in or to any land or real property not belonging to the said Company.

XI. And be it enacted, That it shall and may be lawful for the said Company, and they are required, to establish and keep up stations in any of the said Cities, Towns, through which or Villages through which the said line shall pass, for the purpose of communicating pass, and must with other stations, upon request to be made by the inhabitants of the said City, Town or Village to that effect, to be agreed upon at a public meeting to be held for that being complied purpose, or if the said City, Town or Village be incorporated, then upon the request by the inhabi- of the Corporation of the said City, Town or Village. Provided always, that the said Company shall not in any case be considered liable to be called upon to establish such Station or keep the same up, unless they shall first be guaranteed a return of at least ten per cent. on the expense to which they may be put for establishing and keeping up such Station, and the sufficiency of the said guarantee shall in case of disagreement be determined on by the Judge of the District Court of the District in which the said City, Town or Village is situate in Upper Canada, and by a Circuit Judge in Lower Canada.

tants. Proviso:

Company to be certain return.

guaranteed a

Dividend to be declared or witheld.

XII. And be it enacted, That it shall be the duty of the Directors to declare or withold yearly dividends of so much of the profits of the said Company as to them or a majority of them shall appear advisable; and at the General Meeting of the StockAccount to be holders of the said Company on the second Friday in the month of January in each year, they shall render an exact and particular statement of the affairs, debts, credits, profits and losses of the said Company; such statement to appear on the books, and to be open to the inspection of any Stockholder at his or her reasonable request.

rendered.

Directors to make rules and regulations.

Case of the

dissolution of the Company provided for.

XIII. And be it enacted, That the Directors for the time being, or a major part of them, shall have power to make and subscribe such Rules and Regulations as to them shall appear needful and proper touching the duty and conduct of the officers, clerks and servants employed by the said Company, and shall also have power to appoint as many officers, clerks and servants for carrying on the said business, and with such salaries and allowances as to them shall seem meet, and that such Rules and Regulations shall bind the members of the Corporation, their officers and all parties concerned, provided they be not repugnant to the Laws of this Province, or to this Act.

XIV. And be it enacted, That the Company may be dissolved by a majority of fourfifths of the Shareholders in number and value, at a General Meeting called for such purpose, and of which public notice shall be given by advertisement in not less than two Newspapers in Montreal, and in such other Newspapers in the Province as the Directors shall think fit, at least sixty days before such Meeting is held; and in the event of the Company being dissolved, the existing Directors shall be empowered to

realize

realize all properties in the name of the Company, and the proceeds, deducting salaries, and all expenses, shall be divided amongst the Shareholders in proportion to their

several interests.

The present
President and

Directors con

tinued in

Office until January 1818.

XV. And be it enacted, That the present Directors elected by the original Stockholders to manage the affairs of the said Company, until an Act of Incorporation should be obtained, that is to say: Andrew Shaw, President, John Glass, George Elder, Junior, Henry Chapman and John Young, shall be and are hereby constituted Directors for managing the affairs of the said Company until new Directors shall be elected under and by virtue of the provisions of this Act in January next; and that they shall have, Their powers, possess and exercise all the powers which are given by this Act to the Directors to be hereafter chosen under its provisions.

XVI. And be it enacted, That this Act shall be a public Act, and as such shall be Public Act. judicially noticed by all Judges and Justices of the Peace, and others whom it may concern without being specially pleaded.

MONTREAL :-Printed by STEWART DERBISHIRE & GEORGE Desbarats,

Law Printer to the Queen's Most Excellent Majesty.

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An Act to incorporate certain persons under the name of The Burlington
Bay Dock and Ship-Building Company.

W

[ 28th July, 1847. ]

HEREAS it is desirable for the benefit of the country, and especially of the Preamble. Shipping interest of Lake Ontario, that suitable facilities be afforded at Burlington Bay (at the head of Lake Ontario) for the building, repairs, and shelter of vessels: And whereas the persons hereinafter mentioned, have, by petition, prayed to be incorporated for the purposes hereinafter mentioned: 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 Sir Allan Napier Macnab, John Young, Archibald Kerr, Richard Juson, Daniel Macnab, Colin C. Ferrie, William P. Maclaren, Daniel C. Gunn, George S. Tiffany, and Jasper T. Gilkison, and all and every person or persons, body and bodies politic and corporate as shall, under the authority of this Act, be associated with them, and their several and respective successors, executors, administrators and assigns, shall be a body politic and corporate, by the name of The Burlington Bay Dock and Ship-Building Company, Corporate and by that name shall and may have perpetual succession and a common seal, with name and power to break and alter the same, and by that name shall and may sue and be sued, implead and be impleaded, in all Courts of Law or Equity in this Province.

II. And be it enacted, That the said Company be, and they are hereby authorized and empowered, at their own costs and charges, to construct a harbor, wharf or wharves, with a wet-dock, dry-dock and railway, regulated for the refitting and repairing all shipping, at Burlington Bay aforesaid; which said wharf or wharves, harbor, wet-dock, dry-dock and railway, shall be accessible to, and safe and commodious for, the reception of such description and burthen of sail or steam vessels as now navigate Lake Ontario; and also to erect and build all such necessary and needful moles, piers, breakwaters, wharves, storehouses, or other erections or constructions whatever as shall be useful or proper for the purposes aforesaid; and the protection of the harbor, wharf or wharves, docks or railways, and for the accommodation and convenience of vessels entering, lying, loading and unloading, repairing, refitting or lying up in the

Certain per

sons incorpo

rated.

powers.

Company may

construct a harbor,

wharf, &c.

Other works. May build vessels, construct ma

chinery, &c.

Company may acquire real property for

purposes of the harbor,

and works.

same, and to alter, amend, repair and enlarge the said harbor, wharf or wharves, docks or railways as aforesaid, as may from time to time be found necessary and expedient; and also to make, construct, erect and build all and all manner of vessels, steamboats, barges and other craft, and the rigging and appurtenances thereto belonging, and to make, build and manufacture all manner of steam engines, machinery and castings, and to carry on the business of ship builders and engineers, and of an iron-foundry respectively, and all their several branches, and to enter into contracts and agreements with any person or persons for, or in respect of, any matter or things relating to the

same.

III. And be it enacted, That the said Company shall be, and they are hereby authorized and empowered to acquire and purchase, or to take and enter into, after paying or tendering the value thereof, to be ascertained in manner hereinafter mentioned, and to have and hold to them and their successors, any estate real or mixed, at, or adjacent to, Burlington Bay aforesaid, to and for the use of the said Company, and to let, convey or otherwise depart with, for the benefit and account of the said Company, the said real or mixed estate, or such part thereof as may not be required for the purposes of the said Company, from time to time, as they shall deem necessary and expedient; Provided always, that all such real estate or property to be at any time held by the amount limit- said Company, shall not exceed, in its yearly value, the sum of five thousand pounds.

Proviso:

ed.

Directors may

with owners of lands necessary for pur.

poses aforesaid

sustained.

Case of disa

IV. And be it enacted, That the Directors of the said Company be and they are compound,&c. hereby authorized and empowered to contract, compound, compromise and agree with the owners or occupiers of any lands or private easements, rights or privileges upon which they may determine to dredge, cut and construct the said harbor, wharf or or for damage wharves, wet-dock, dry-dock or railway, and to build and construct all such houses, shops and other erections and constructions as they shall deem requisite for carrying on the said business of ship-builders and engineers, and of an iron-foundry, with all necessary and convenient roads, streets and approaches thereto, to be made and constructed, either by purchase of so much of the said land or private easements and privileges as they shall require for the purposes of the said Company, or for the damages which they shall and may be entitled to receive of the said Company in consequence of the said intended harbor, roads, streets and approaches thereto, and other the erections or constructions aforesaid, being cut, made, constructed and erected on their respective lands; and in case of any disagreement between the said Directors and owners or occupiers aforesaid, it shall and may be lawful from time to time, so often as the Directors shall think fit, for each owner or occupier so disagreeing with the said Directors, either upon the value of the lands, tenements or private privileges proposed to be purchased, or upon the amount of damages to be paid to them as aforesaid, to nominate and appoint one or more indifferent person or persons, and for the said Directors to nominate an equal number of indifferent persons, who, together with one other to be elected by ballot by the persons so named, shall be arbitrators to award, determine, adjudge, and order the respective sums which the said Company shall pay to the respective persons entitled to receive the same, the award of the majority of whom shall be final; and the said arbitrators shall, and they are hereby required to attend at some convenient place in the vicinity of the said intended railway, to be appointed by the said Directors, after eight days' notice given them for that purpose by the said Directors, then and there to arbitrate, award, adjudge and determine such matters and things as shall be submitted for their determination by

Beer ferences, to be

greement provided for dif

settled by arbitration.

the

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