LIX. 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 deposit the map or plan and book of reference mentioned in the fourth Section of this Act within eighteen months after the passing thereof, and to make and complete the said Rail-way from Carillon to Grenville in manner aforesaid, within five years from the passing of this Act; and if the said map or plan and book of reference be not so made and deposited within the said eighteen months, or if the said Rail-way shall not be so made and completed within the said period so as to be used by the public as aforesaid, then and in either case this Act, and every matter and thing therein contained, shall cease, and be utterly null and void. tailed ac counts. LX. And be it enacted, That the said Company shall annually submit to the three Company anBranches of the Legislature, within the first fifteen days after the opening of each mit to the nually to subSession of the Provincial Parliament, after the opening of the said Rail-way or any Legislature depart thereof to the public, a detailed and particular account attested upon oath, of the monies by them received and expended under and by virtue of this Act, with a classified statement of the amount of tonnage and of passengers that have been conveyed along the said Rail-way; And no further provisions which the Legislature may here- Further proviafter make with regard to the forms or details of such account, or the mode of attesting made touching or rendering the same, shall be deemed an infringement of the privileges hereby such accounts. granted to the Company. sion may be come under LXI. And be it enacted, That nothing herein contained shall be construed to except Company to the Rail-way by this Act authorized to be made, from the provisions of any general any General Act relating to Rail-ways which may be passed during the present or any future Rail-way-law. Session of Parliament. LXII. And be it enacted, That nothing herein contained shall affect or be construed Saving of Her to affect, in any manner or way whatsoever, the rights of Her Majesty, Her Heirs and Majesty's. rights, &c. Successors, or of any person or persons, or of any bodies politic, corporate or collegiate, such only excepted as are herein mentioned. LXIII. And be it enacted, That this Act shall be deemed and taken to be a Public Public Act. Act, and as such shall be judicially taken notice of by all Judges, Justices of the Peace and others, without being specially pleaded, and that a Copy thereof printed by the What copies Queen's Printer shall be received as evidence of the same in all Courts of Justice. MONTREAL :-Printed by STEWART DERBISHIRE & GEORGE DESBARATS, shall be evidence. ANNO DECIMO ET UNDECIMO VICTORIA REGINÆ. CAP. CXX. An Act to incorporate The Lake St. Louis and Province Line Railway Reserved for the signification of Her Majesty's pleasure, 28th July, 1847. The Royal Assent given by Her Majesty in Council on the 15th April, 1848; and Proclamation made thereof Certain perporated for the purposes of certain corpoconferred on sons incor this Act; and HEREAS the construction of a Rail-way from some point on Lake St. Louis Preamble. to some point upon or near the Province Line, and which might hereafter intersect and be connected with any Rail-way which may be constructed to connect the north western part of the State of New York with Lake Champlain, would contribute to open out a populous and fertile tract of country, and to the advancement and prosperity of this Province generally; And whereas the several persons hereinafter named are desirous to make and maintain the said Rail-way: 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 David Davidson, James Scott, Hosea B. Smith, William Murray, John Mathewson, D. P. Janes, W. Ogden, Alexander Simpson, J. G. Mackenzie, James Torrance, William Carter, J. Paterson, and A. Gilmour, together with such person or persons as shall, under the provisions of this Act, become subscribers to and proprietors of any share or shares in the Rail-way hereby authorized to be made and other works and property hereinafter mentioned, and their several and respective heirs, executors, administrators, curators and assigns, being proprietors of any such share or shares, are and shall be, and be united into a Company for carrying on, inaking, completing and maintaining the said intended Rail-way and other works, according to the rules, orders and directions hereinafter expressed, and shall for that purpose be one body politic and corporate by the name of The Lake St. Corporate Louis and Province Line Rail-way Company, and by that name shall have perpetual powers. succession and shall have a common seal, and other the usual powers and rights of bodies corporate not inconsistent with this Act, and by that name shall and may sue and be sued, and also shall and may have power and authority to purchase and hold lands, (which word shall throughout this Act be understood to include the land and all that is upon or below the surface thereof, and all the real rights and appurtenances thereunto belonging,) for them and their successors and assigns, for the use of the said Rail-way how underand works, without Her Majesty's Lettres d'Amortissement, (saving nevertheless to the stood in this Seignior rate powers them. name and Word 'Lands' Act. Mortmain Laws not to apply. be made on any plan. Seignior or Seigniors within whose censive the lands, tenements and hereditaments so purchased may be situate, his and their several and respective droits d'indemnité, and all other Seignioral rights whatever,) and also to alienate and convey any of the said lands, purchased for the purposes aforesaid, and any person or persons, bodies politic or corporate, or communities may give, grant, bargain, sell and convey to the said Company any lands for the purposes aforesaid, and the same may re-purchase of the Railway may said Company without Lettres d'Amortissement: And the said Company shall be and are hereby authorized and empowered from and after the passing of this Act, by themselves, their deputies, agents, officers, workmen and servants, to make and complete a Rail-way to be called The Lake St. Louis and Province Line Rail-way, with one or more sets of Rails or Tracks, and to be worked by locomotive engines, or on the atmospheric principle, or in such other mode as the said Company may deem expethe said Rail- dient, from the Village of Sault St. Louis in the County of Huntingdon to such point as may be found most convenient in the County of Huntingdon or in the County of Beauharnois not being distant more than three miles from the line dividing the Township of Hemmingford from the said County of Huntingdon, and in as direct a line as may be found convenient, and to erect wharves, warehouses, stores and other buildings at either termination, and at such other places on the line of the said Rail-way as they may deem expedient. Direction of way. Governor in Council to fix the gauge of the Railway. Power to the necessary for II. And be it enacted, That it shall and may be lawful for the Governor in Council upon memorial from the said Company to determine the gauge which shall be used in the Rail-way in this Act mentioned, and such determination shall be declared by Proclamation in the Official Gazette, and shall thereupon be binding upon the said Company. III. And be it enacted, That for the purposes aforesaid, the said Company, their deputies, servants, agents and workmen, are hereby authorized and empowered to enter into and upon any lands and grounds of the Queen's Most Excellent Majesty, not hereinafter excepted, or of any person or persons, bodies politic or corporate, or collegiate, or communities or parties whatsoever, and to survey and take levels of the same, or any part thereof, and to set out and ascertain such parts thereof as they shall think neces sary and proper for making the said intended Rail-way and other works hereby au thorized, and all such works, matters and conveniences as they shall think and proper necessary for making, effecting, preserving, improving, completing, maintaining and using the said intended Rail-way and other works, and also to bore, dig, cut, trench, place materials get, remove, take, carry away, and lay earth, clay, stone, soil, rubbish, trees, roots of To get and To crect buildings, machinery, &c. be trees, beds of gravel or sand, or any other matters or things which may be dug or got in making the said intended Rail-way or other works, on or out of the lands or grounds of any person or persons adjoining or lying convenient thereto, and which may proper, requisite or necessary for making or repairing the said intended Rail-way, or the works incidental or relative thereto, or which may hinder, prevent or obstruct the making, using or completing, extending or maintaining the same respectively, accord ing to the intent and purpose of this Act; and to make, build, erect and set up, upon the said intended Rail-way, or upon their lands adjoining or near the same res pectively, such and so many houses, warehouses, toll-houses, watch-houses, telegraphs or other signals, weighing beams, cranes, fire-engines, steam-engines, or other engines, either stationary or locomotive, inclined planes, machines, and other works, ways, roads and conveniences, as and when the said Company shall think requisite and convenient other works necessary for convenient for the purposes of the said Rail-way and works; and also from time to time to alter, repair, divert, widen, enlarge and extend the same, and also to make, maintain, Bridges and repair and alter any fences or passages over, under or through the said intended Rail- for passing way, and to construct, erect and keep in repair any bridges, arches and other works streams, &c. upon and across any rivers or brooks for the making, using, maintaining and repairing the said intended Rail-way; and to turn any such brook, river or water-course, and to change its course; and to construct, erect, make and do all other matters and things Other works which they shall think convenient and necessary for the making, effecting, extending, the Rail-way. preserving, improving, completing, and easy using of the said intended Rail-way and other works, in pursuance of, and according to the true intent and meaning of this Act, they, the said Company, doing as little damage as may be, in the execution of As little damthe several powers to them hereby granted, and making satisfaction in manner herein after mentioned to the owners or proprietors of, or the persons interested in the lands, tenements or hereditaments, water, water-courses, brooks or rivers respectively, which shall be taken, used, removed, prejudiced, or of which the course shall be altered, or for all damages to be by them sustained in or by the execution of all or any of the powers given by this Act; and this Act shall be sufficient to indemnify the said Company and their servants, agents or workmen, and all other persons whatsoever for what they, or any of them, shall do by virtue of the powers hereby granted, subject nevertheless to such provisions and restrictions as are hereinafter mentioned. IV. Provided always, and be it enacted, That the said Company shall not carry the said Rail-way along any highway but shall merely cross the same in the line of the said Rail-way, whatever be the angle atw hich such line shall intersect the said highway; and before they shall in any way obstruct such highway with their works, they shall turn the said highway at their own charges so as to leave an open and good passage for carriages free from obstructions, and when their works are completed, they shall replace the said highway or street, under a penalty of five pounds currency, for any contravention, over and above all damages sustained by any party: but in any case the rail itself, provided it does not rise above or sink below the surface of the road more than one inch, shall not be deemed an obstruction. age as possible and compensa to be done, tion to be made. How the Railway shall be carried across roads. Rail itself not struction. to be an ob Company shall take surveys and levels of the lands through which and make a V. And be it enacted, That for the purposes of this Act, the said Company shall and may by some sworn Land Surveyor for Lower Canada, and by an Engineer or Engineers by them to be appointed, cause to be taken and made, surveys and levels of the lands through which the said intended Rail-way is to be carried, together with a the map or plan of such Rail-way, and of the course and direction thereof, and of the said to be carried, lands through which the same is to pass, and the lands intended to be taken for the map and book several purposes authorized by this Act, so far as then ascertained, and also a book of of reference. reference for the said Rail-way, in which shall be set forth a general description of the said several lands, and the names of the owners, occupiers, and proprietors thereof, so far as they can be ascertained by the said Company, and in which shall be contained every thing necessary for the right understanding of such map or plan; which said map The same to or plan and book of reference shall be examined and certified by the persons per- bedposited. forming the duties formerly assigned to the Surveyor General, or his Deputies, who shall deposit copies thereof in the office of the Prothonotary of the Court of Queen's Bench for the District of Montreal, and also in the office of the Secretary of the Province, and shall also deliver one copy thereof to the said Company; and all Copies or expersons shall have liberty to resort to such copies so to be deposited as aforesaid, and taken and used. to examined tracts may be |