An Act to revive and extend the Act incorporating the Humber Harbour and Road Company. WE [ 28th July, 1847. ] 95. s. 17, HEREAS by the seventeenth section of an Act passed in the eighth year of Preamble. Her Majesty's Reign, and intituled, An Act to incorporate certain persons Act, 8 Vict. under the name and style of the President, Directors and Company of the Humber vited. Harbour and Road, it is provided that the said Company shall forfeit and lose all benefit of the said Charter, and the privileges and powers thereby conferred, unless the said Harbour shall be begun within two years and completed within four years from the passing of the said Act, and the Roads shall be in a progressive state of extension and improvement; and whereas sundry persons have petitioned the Legislature of this Province to extend the period for completing the said Harbour and Road, and it is just that the prayer of their petition should be granted: 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 Act in The said 17th section repealpart recited in the Preamble to this Act shall be and is hereby revived, continued and ed, and the confirmed, with the exception of the seventeenth section thereof, and notwithstanding any failure on the part of the Company thereby constituted and incorporated to commence the said Harbour and Road, or either of them, within the said period of two years, or to complete the same within the period of four years, the said Act shall be and remain in as full force and effect, and the Corporation thereby constituted shall continue, and the rights and privileges of the said Corporation shall be the same, as if the said seventeenth section of the said Act had not formed part thereof; and the said seventeenth section is hereby repealed. II. And be it enacted, That if the said Company shall not and do not within five years from the passing of this Act construct, finish and put in operation the said Harbour and Road, or one of them, the rights and privileges of the said Company under the said recited Act and under this Act, and also the said Acts respectively, shall cease and be utterly null and void; anything in either of the said Acts contained to the contrary thereof in anywise notwithstanding. III. Act cont Act continued Harbour or Road to be completed within five years. Persons travelling on the said Road not to pay Toll for merely cros sing any other Road. Proviso. Company may alter the line of the Road III. And be it enacted, That any person or persons using or travelling on the said Road either on foot or on horseback, or in any carriage, wagon or vehicle of what kind or nature soever, and all vehicles loaded or unloaded, horses and cattle using or passing on or over the said Road, shall be and is and are hereby exempted from paying any rate or tolls to any other incorporated or other Company or to any person or persons whatsoever, for crossing or passing over or upon, froin one side of the Road to the other, any line of Rail-road, Macadamized, Planked or other Road that is now or may hereafter be constructed, and which does or may intersect the line contemplated in the said above in part recited Act: Provided always, that such exemption shall not extend or be construed to extend further than to allow the use of a continuous line of Road without paying other tolls for the use thereof than are, shall or may be imposed under and by virtue of the provisions of the said above in part recited Act. IV. And be it enacted, That it shall and may be lawful for the said Company to adopt any other line of Road to intersect with the Weston Turnpike or Plank Road within certain Company's Road they may deem expedient under the provisions and restrictions of the before recited Act. limits. MONTREAL :-Printed by STEWART DERBISHIRE & GEORGE Desbarats, Law Printer to the Queen's Most Excellent Majesty. ANNO DECIMO ET UNDECIMO VICTORIÆ REGINÆ, CAP. LXXXVII. An Act to amend the Act incorporating The Cobourg and Rice Lake WE [ 28th July, 1847. 80, cited. HEREAS the provisions of an Act passed in the ninth year of the Reign of Preamble. Her present Majesty Queen Victoria, and intituled, An Act to revive and Act 9 Vic. c. amend the Act of Upper Canada incorporating the Cobourg Rail-road Company, and for other purposes therein mentioned, are insufficient to enable the Cobourg and Rice Lake Pank Road and Ferry Company, as incorporated by that Act to carry into effective operation the objects of the said Company; And whereas it is necessary in order to afford the means required to complete the construction of the Plank Road and Ferry that a more speedy and certain remedy for the collection of money subscribed towards the undertaking, be given to the Company than at present exists by law, and that calls made or to be made by the Directors upon the Stockholders for the instalments upon the Stock subscribed, should be enforced by action in the Courts of Common Law in this Province; And whereas from the large number of shares required to be held by the Directors, difficulty is to be apprehended in obtaining persons qualified to act in the Directorship, and it is expedient to reduce the number of shares which are so required to be held: 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 from and after the passing of this Act, so much of the twenty-second section of the said Act as relates to the amount of Stock to be held by the Directors shall be, and the same is hereby repealed. Part of Sect. 22 of the said Act repealed. Each Director II. And be it enacted, That the Directors to be elected to manage the affairs of the to be a Stocksaid Company shall be severally Stockholders to the amount of eight shares at least. III. And be it enacted, That for and notwithstanding anything contained in the twenty-seventh and twenty-eighth sections of the said Act, it shall not be considered essential or necessary that the full sum of six thousand pounds stock should have been or shall be all taken up and subscribed, but that the said Company (having two-thirds of the Capital Stock of six thousand pounds subscribed at the time of the passing this holder to the amount of eight shares. Company to have the like privileges and powers as if the Capital Stock had been the whole of subscribed and ment paid in before the the first instal- Act,) shall have the like privileges, advantages and powers as if the whole Capital Stock of the said Company had been taken up and subscribed and the first instalment had been paid up before the construction of the Plank Road was commenced. work was commenced. Shares not to be transferred until all calls due thereon are paid. Subscriptions to be paid when called for. Meaning of Interest to be paid on calls remaining un paid. Proviso as to calls made before the pas sing of this Act. Calls may be enforced by action. IV. And be it enacted, That for and notwithstanding anything contained in the twenty-seventh clause of the said Act, no Stockholder shall be entitled to transfer any share or shares after a call shall have been made in respect thereof until he shall have paid such call, nor until he shall have paid all calls for the time being due on every share held by him. V. And be it enacted, That the several persons who have subscribed any money towards the undertaking, or their personal representatives respectively, shall pay the sums respectively so subscribed or such portions thereof as shall be, or shall have been from time to time called for by the Directors; and with respect to the provisions in this Act or in the said Act contained for enforcing the payment of calls or instalments the word "Stockholder" shall extend to and include any person who may have subscribed the original prospectus of the Company or agreement to take Stock therein, and shall also extend to and include the legal personal representatives of such Stockholder or person as aforesaid. VI. And be it enacted, That if any Stockholder do not pay the amount of any call or instalment to which he is liable before or on the day appointed for payment, then such Stockholder shall be liable to pay interest for the same at the rate allowed by law from the day appointed for the payment thereof to the time of the actual payment; Provided always, that interest shall not be charged upon calls or instalments due before the passing of this Act for the time during which such calls shall have been unpaid, but that it shall be lawful to charge interest on such calls or instalments for the time they shall remain unpaid after the passing of this Act. VII. And be it enacted, That if default shall have been made or shall hereafter be made by any Stockholder in the payment of any call at the time appointed by the Directors for the payment thereof, then it shall be lawful for the Company to sue such Stockholder for the amount of such call in any Court of Law in this Province (having competent jurisdiction in regard to the amount to be recovered) and to recover the same with lawful interest and if the Company shall elect to sue any Stockholder unprevent forfeit der the authority of this Act, such suit shall not in any way interfere with the forfeiture of the share or shares of such Stockholder as provided by the twenty-ninth clause of the said Act. Action not to ure. What averment shall be requisite in actions for calls. VIII. And be it enacted, That in any action or suit to be brought by the Company against any Stockholder to recover any money due for any call, it shall not be necessary to set forth the special matter, but it shall be sufficient for the Company to aver that the Defendant is the holder of one share or more (stating the number of shares) in the Capital Stock of the Company, and that he is indebted to the Company in the sum of money to which the calls in arrear shall amount, in respect of one call or more upon one share or more (stating the number and amount of each such call) whereby an action hath accrued to the Company by virtue of this Act. must be proved IX. And be it enacted, That on the trial or hearing of such action or suit it shall be What matters sufficient for the Company to prove that the defendant at the time of making such call in action for was a holder of one share or more, in the undertaking, (and when there has been no calls. transfer of the shares, then the proof of subscription to the original agreement to take stock shall be sufficient evidence of holding stock to the amount subscribed,) and that such call was in fact made, and notice thereof given, as is required by the said Act, and it shall not be necessary for the Company to prove the appointment of the Directors who made such call, or any other matter whatever, and thereupon the Company shall be entitled to recover what shall be due upon such call with interest thereon, unless it shall appear either that any such call exceeds the prescribed amount, or that due notice of such call was not given, or that a meeting of the Stockholders was not expressly convened for the purpose of deciding on the time of payment, and the amount of such call, (in cases where such meeting is required by the above cited Act,) or that a majority of the Stockholders did not agree upon the time of payment, and the amount of such call (when such is required by the above cited Act.) X. And be it enacted, That before apportioning the profits to be divided among the Stockholders, the Directors may if they think fit, set aside thereon such sum as they may think proper to meet contingencies, or for enlarging, repairing or improving the works connected with the undertaking, or any part thereof, and may divide the balance only among the Shareholders. XI. And be it enacted, That if several persons be jointly entitled to a share, the person whose name stands first in the Register of Shareholders as one of the holders of such Share, shall, for the purpose of voting at any Meeting, be deemed the sole proprietor thereof: and on all occasions the vote of such named Shareholder, either in person or by proxy, shall be allowed as the vote in respect of such share, without proof of the concurrence of the other holders thereof. XII. And be it enacted, That in any action or suit, brought by or against the Company, upon any contract or for any matter or thing whatsoever, any Stockholder shall be competent as a witness, and his testimony shall not be deemed inadmissible on the ground of interest. clause. XIII. And be it enacted, That the following words and expressions used in this Act Interpretation and in the above cited Act, shall have the several meanings hereby assigned to them, unless there be something in the subject or the context repugnant to such construction, that is to say words importing the singular number only shall include the plural Number. number: and words importing the plural number only shall include the singular number; words importing the masculine gender only shall include females as well as Gender. males; the word "Calls" shall mean the instalments called in by the Directors of the Calls. Company. MONTREAL-Printed by STEWART DERBISHIRE & GEORGE DESBARATS, |