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Seventhly. That copies of the Minutes of proceedings and resolutions of the Share- Copies of Minutes to holders of the Company, at any general or special meeting, and of Minutes of be prima facie proceedings and resolutions of the Directors, at their meetings, extracted from the Minute-books kept by the Secretary of the Company, and by him certified to be true copies, extracted from such Minute-books, shall be prima facie evidence of such proceedings and resolutions in all Courts of civil jurisdiction, and all notices given by the Secretary of the Company, by order of the Directors, shall be deemed notices by the said Directors and Company.
WORKING OF THE RAIL-WAY.
Servants to woar
XXI. And be it enacted, That
Firstly. Every servant of the undertaking employed in a passenger train or at stations for passengers, shall wear upon his hat or cap a badge, which shall indicate badges. his office, and he shall not without such badge be entitled to demand or receive from any passenger any fare or ticket, or to exercise any of the powers of his office, nor meddle or interfere with any passenger or his baggage or property.
Secondly. The trains shall start and run at regular hours to be fixed by public Trains to start at panotice, and shall furnish sufficient accommodation for the transportation of all such blic house. passengers and goods as shall within a reasonable time previous thereto be offered for transportation at the place of starting, and at the junctions of other Rail-ways and at usual stopping places established for receiving and discharging way-passengers and goods from the trains, and such passengers and goods shall be taken, transported and discharged, at, from, and to such places, on the due payment of the toll, freight or fare legally authorized therefor, and the party aggrieved by any neglect or refusal in the premises, shall have an action therefor against the Company.
Thirdly. Checks shall be affixed by an agent or servant to every parcel of baggage Checks to be fixed on having a handle, loop or fixture of any kind thereupon, and a duplicate of such Check parcels
. shall be given to the passenger delivering the same; and if such Check be refused on demand, the Company shall pay to such passenger, the sum of Two Pounds, to be recovered in a civil action ; and further, no fare or toll shall be collected or received from such passenger, and if he shall have paid his fare, the same shall be refunded by the Conductor in charge of the train ; and any passenger producing such Check, may himself be a witness in any suit brought by him against the Company, to prove the contents and value of his baggage not delivered to bim.
Fourthly. The baggage, freight, merchandize or lumber cars shall not be placed in Baggage cars not to rear of the passenger cars, and if any such be so placed, the officer or agent directing be in rear of passage or knowingly suffering such arrangement, and the conductor of the train, shall severally be deemed guilty of a misdemeanor, and be punished accordingly.
Fifthly. Every locomotive engine shall be furnished with a bell, of at least thirty Locomotive to be farpounds weight, or a steam whistle ; and the bell shall be rung, or the whistle sounded nished with bells or at the distance of at least eighty rods from every place where the Rail-way shall cross any highway, and be kept ringing or be sounded at short intervals, until the engine shall have crossed such highway, under a penalty of Two Pounds for every neglect thereof, to be paid by the Company, who shall also be liable for all damages sustained by any person by reason of such neglect, one half of which penalty and damages shall be chargeable to and collected by the Company from the Engineer having charge of such engine and neglecting to sound the whistle or ring the bell as aforesaid.
Sixthly. Passengers refusing to pay their fare, may, by the conductor of the train Passengers refusing to and the servants of the Company, be, with their baggage, put out of the cars, using no pay farë may be pul unnecessary force, at any usual stopping place, or near any dwelling house, as the conductor shall elect, first stopping the train.
Seventhly. All persons in charge of a locomotive engine, or acting as the conductor Intoxicated conductor of a car or train of cars, who shall be intoxicated on the Rail-way, shall be deemed of locomulives. guilty of a misdemeanor. 241
Passengers to have no Eighthly. Any passenger injured while on the platform of a car, or on any baggage, claim if injured when wood or freight car, in violation of the printed regulations posted up at the time in a
conspicuous place, inside of the passenger cars then in the train, shall have no claim for the injury, provided sufficient room inside of such passenger cars, sufficient for the proper accommodation of the passengers, was furnished at the time.
XXII. And be it enacted, ThatCompany not bound Firstly. The Company shall not be bound to see to the execution of any trust, to see to execution of whether express, implied or constructive, to which any of the shares may be subject;
and the receipt of the party in whose name any share shall stand in the Books of the Company, or if it stands in the name of more parties than one, the receipt of one of the parties named in the Register of Shareholders shall from time to time be a sufficient discharge to the Company for any dividend or other sum of money payable in respect of the share, notwithstanding any trust to which the share may then be subject, and whether or not the Company have had notice of the trusts, and the Company shall not
be bound to see to the application of the money paid upon such receipts. Provisions to the Secondly. Her Majesty's Mail, Her Majesty's Naval or Military Forces or Militia, carriage of Her Majes. and all artillery, ammunition, provisions or other stores for their use, and all Mail, &
policemen, constables and others travelling on Her Majesty's service, shall at all times, when thereunto required by Her Majesty's Provincial Postmaster General, the Commander of the Forces, or any person having the Superintendence or Command of any Police Force, and with the whole resources of the Company if required, be carried on the Rail-way, on such terms and conditions, and under such regulations as the Governor in Council shall make; and the Company may be required by the Governor, or any person thereunto authorized by him, to place any Electric Telegraph, and the apparatus and operators they may have, at the exclusive use of the Government, receiving thereafter reasonable compensation for such service; provided that any further enactments which the Legislature of this Province may hereafter make, for the carriage of the Mail or Her Majesty's Forces, and other persons and articles as aforesaid, or the tolls therefor, or in any way respecting the use of any Electric Telegraph or other service to be rendered to the Government, shall not be deemed an infringement of the privileges intended to be conferred by this Act or the Special Act.
Thirdly. A true and perfect account of the names and places of abode of the several holders to be kept.
Shareholders shall be kept and entered in a Book to be kept for that purpose, as well as of the several persons who shall from time to time become proprietors of, or entitled to any shares therein,
and of all the other acts, proceedings and transactions of the said Company and of the Directors from the time being. Map, &c., of Railway Fourthly. A Map and Profile of the completed Rail-way and of the land taken or to be filed in the Board obtained for the use thereof, shall, within a reasonable time after completion of the
undertaking be made and filed in the office of the Commissioners of Public Works, and also like maps of the parts thereof located in different Counties, shall be filed in the Registry Offices for the Counties in which such parties shall be respectively; and every such Map shall be drawn on such a scale, and on such paper, as may from time to time be designated for that purpose by the Chief Commissioner of Public Works, and shall be certified and signed by the President or Engineer of such Corporation.
Fifthly. An account shall be .annually submitted to the three branches of the ted to Legislature,
Legislature, within the first fifteen days after the opening of each Session of the Provincial Parliament after the opening of the Rail-way or any part thereof to the public, containing a detailed and particular account, attested upon oath of the President, or Vice-President in his absence, of the moneys received and expended by the Company, and a classified statement of the passengers and goods transported by them, with an attested copy of the last annual statement; and no further provisions which the Legislature may hereafter make with regard to the form or details of such account, or the
mode 241 *
Account of names and re.idenc- of Share.
Account to be submit
mode of attesting or rendering the same, shall be deemed an infringement of the privileges hereby granted to the Company.
Sixthly. If the construction of the Rail-way shall not have been commenced, and Ten per cent to be ten per cent. on the amount of the Capital shall not have been expended thereon, within oroimh within three years three years after the passing of the Special Act, or if the Rail-way shall not be finished Act. and put in operation in ten years from the passing of such Special Act as aforesaid, its corporate existence and powers shall cease.
Seventhly. The Legislature of this Province, may from time to time reduce the tolls Parliament may reupon the Rail-way, but not without consent of the Company, or so as to produce less duce tolls on Railthan fifteen per cent. per annum profit on the Capital actually expended in its construction; nor unless, on an examination made by the Commissioners of Public Works of the amount received and expended by the Company, the net income from all sources, for the year then last passed, shall have been found to exceed fifteen per cent. upon the Capital so actually expended.
Eighthly. No person shall be entitled to carry or to require the Company to carry As to goods of a dan. upon their Rail-way any aqua fortis, oil of vitriol, gunpowder, lucifer matches, or any other goods, which, in the judgment of the Company, may be of a dangerous nature; and if any person send by the said Rail-way any such goods without distinctly marking their nature on the outside of the package containing the same, and otherwise giving notice in writing to the Book-keeper or other Servants of the Company with whom the same are left at the time of so sending the said goods, he shall forfeit to the Company the sum of Five Pounds currency, for every such offence; and it shall be lawful for the Company to refuse to take any package or parcel that they may suspect to contain goods of a dangerous nature, or require the same to be opened to ascertain the fact.
Ninthly. The offence of forging any Debentures or a Coupon of any Debenture issued Forging Debentures, under the authority of this Act or of the Special Act, or of uttering any such Debenture &c., deemed felony. or Coupon, knowing the same to be forged, or of being accessory before or after the fact to any such offence, shall be deemed felony, and be punished accordingly.
Tenthly. The Company shall make and keep in repair all fences, roads and water Company bound to courses, and be subject to all municipal regulations and provisions in respect thereof in make and repair
c., or for lands belonging to or held by the Company, and subject to any such regulations, L. C., &c. or to any charges, public, municipal or local, as the case may be, in any County, Parish or Township in Lower Canada through which the Rail-way shall pass; and the said Company may, in default or contravention thereof, be prosecuted therefor by the Officers of the Municipality, before the Commissioners Court or Circuit Court within the jurisdiction of wbich such fence, road or water course shall be, and the service of the Summons upon any Clerk or Officer in charge of the section of the Rail-way within the said jurisdiction, or at the nearest depot of the Rail-way, shall be good service upon the Company Eleventhly. Every Special Rail-way Act shall be a Public Act.
Special Act to be a Twelfthly. The Legislature may at any time annul or dissolve any Corporation formed And may dissolve any under this Act; but such dissolution shall not take away or impair any remedy given Corporation formed against any such Corporation, its Shareholders, Officers or Servants, for any liability which shall have been previously incurred.
Thirteenthly. Nothing herein contained shall affect or be construed to affect, in any. Saving of Her Mamanner or way whatsoever, the rights of Her Majesty, Her Heirs and Successors, or of jesty's Rights. any person or persons, or of any bodies politic, corporate or collegiate, such only excepted as are herein mentioned.
Fourteenthly. No amendment or alteration in this Act shall be held to be an Interpretation. infringement of the rights of any Company authorized to construct a Rail-way by any Act of this or any future Session with which this Act is or shall be incorporated.
under this Act.
40 & 41 of 12 Vict.
An Act to repeal the Tonnage Dues imposed for defraying the expenses of maintaining
Light Houses and for other purposes connected with the Navigation of the waters of this Province, and to provide for the payment of such expenses out of the Consolidated Revenue Fund.
[ 30th August, 1851. ] "HEREAS it is expedient to relieve the trade of this Province from the tonnage
dues imposed for the maintenance of Light Houses, Lights, Beacons, Buoys and for other purposes connected with the navigation of the River St. Lawrence and other waters in this Province: 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 Sections S6 and 90 of the authority of the same, That the eighty-sixth and ninetieth sections of the Act
passed in the twelfth year of Her Majesty's Reign, and intituled, An Act to consolidate C-117, and other parts the Laws relative to the powers and duties of the Trinity House at Quebec, and for other sistent with this Act, purposes, -and so much of the eighty-seventh, eighty-eighth and eighty-ninth sections of Acts of U. C. 7 Wm. the said Act as applies to the tonnage dues imposed by the said eighty-sixth section 4. c. 95, and 2 Vict.c. thereof,--and the fortieth and forty-first sections of the Act passed in the twelfth year of
Her Majesty's Reign, and intituled, An Act to repeal a certain Act and Ordinance therein mentioned, relating to the Trinity House of Montreal, and to amend and consolidate the provisions thereof,--and so much of the forty-second section of the said Act as applies to the tonnage dues imposed by the said fortieth and forty-first sections thereof,—and the Act of the Legislature of Upper Canada, passed in the seventh year of the Reign of His late Majesty King William the Fourth, and intituled, An Act granting to His Majesty a sum of money for the erection of certain Light Houses within the Province, and for other purposes therein mentioned,—and the Act of the said Legislature, passed in the second year of Her Majesty's Reign, and intituled, An Act to amend an Act passed in the seventh year of the Reign of His late Majesty King William the Fourth, intituled, ' An Act granting to His Majesty a sum of money for 'the erection of certain Light Houses within this Province, and for other purposes therein
mentioned,' shall be, and the said Acts, Sections and parts of Acts, are hereby repealed. Expenses formerly II. And be it enacted, That the charges and expenses heretofore defrayed out of the paid out of the tonnage dues imposed by the
tonnage dues hereby repealed, shall, after the coming into force of this Act, be paid out repealed Acts and sec. of the Consolidated Revenue Fund of this Province; and it shall be lawful for the tions, to be defrayed
Governor of this Province from time to time, by Warrant under his hand, addressed to the Receiver General, to cause to be advanced out of the said Fund, to the Treasurer of the Corporation of the Trinity House of Quebec, and to the Treasurer of the Corporation of the Trinity House of Montreal, respectively, such sums as may, (with any moneys they may have in their hands applicable to such purposes,) be sufficient to enable the said Corporations to defray all expenses by them lawfully incurred, and to pay the interest and principal of all debts by them lawfully contracted, at the time when the same shall become payable, and in like manner to cause to be advanced from time to time to the proper officer or person, and out of the said Consolidated Revenue Fund, such sum as may be required to defray any expenses, which, without this Act, would be payable out of the tonnage dues imposed by the Acts of the Legislature of
Upper Canada hereby repealed. Trinity House of
III. Provided always, and be it enacted, That it shall not be lawful for the not to borrow money
Corporation of the Trinity House of Quebec, or for the Corporation of the Trinity House of Montreal, to borrow any sum of money after the time when this Act shall come into force,
out of Provincial Funds,
Quebec or Montreal
IV. And be it enacted, That the moneys advanced under this Act to the Treasurers Accounting clause. of the Corporations aforesaid, shall be accounted for in the manner by law provided, with regard to money received and expended by the said Corporations.
V. And be it enacted, That the foregoing provisions of this Act shall have force and effect upon, from and after the first day of January next, and not before.
An Act for the further amendment of the Laws relating to the Public Works in this
[ 30th August, 1851. ]
Preamble. the Public Works in this Province: 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 so much of the Third Section of the Act of So much of 10 & 11 the Parliament of this Province, passed in the Session thereof held in the tenth and relates:24, 6:3,498 eleventh years of Her Majesty's reign, and intituled, An Act to amend the Act intituled, tration in L. C. repeal• An Act to amend the Law constituting the Board of Works," as provides that in Lower Canada the cost and expenses of arbitration therein mentioned, shall be taxed by the proper Officer of the Court of Queen's Bench, shall be, and the same is hereby repealed.
II. And be it enacted, That in Lower Canada such costs and expenses of arbitration Such costs to be taxed shall be taxed by a Judge of the Superior Court; and that in every case in which the in L. C. by a Judge of
the Superior Court. claimant has been represented or assisted by an Attorney in the proceedings before the Arbitrators, the fees of such Attorney shall be taxed and allowed to him as in a contested case in the said Superior Court, or in the Circuit Court, according to the sum awarded.
III. And be it enacted, That the Fifth Section of the said Act, and the Fourth Sec 5 of 10 & 11 Vict, Section of the Act passed in the Session held in the thirteenth and fourteenth years of 34, and sec., of 13 Her Majesty's reign, intituled, An Act to amend the Laws relating to the Public Works repealed. of this Province, shall be, and the same are hereby repealed.
IV. And it is hereby declared and enacted, That the authority of the Arbitrators Powers of Arbitrators and Appraisers appointed or to be appointed hereafter for either portion of this Province, &c., in a certain case, under the provisions of the Acts relating to the Public Works thereof, to command the tions of the Province. attendance of Witnesses, extends to both portions of the Province.
CAP. LIV, An Act to amend and consolidate the Laws affording protection to Magistrates and others in the performance of public duties.
[ 30th August, 1851. ] THEREAS there are divers Acts of Parliament in force in Canada, both public, Preamble:
local and personal, whereby certain protections and privileges are afforded to Magistrates and others; and whereas the said Acts are not of an uniform character, and it is desirable that many of the provisions of such Acts should be altered and amended, and the whole reduced into one Act: 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