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subscribers shall thenceforth be entitled, and as well to the first line of road as to any extension thereof as aforesaid, and which the said Companies are hereby authorized to construct, and which shall thenceforth be considered as part and parcel of the original line, and such additional shares or Stock shall and may be called in, demanded and recovered in the same manner and under the same penalties as is or are or may be provided or authorized in respect of the original Shares or Stock of any such Company. III. And be it enacted, That Tolls may be taken by any such Company at each time Rates of toll limited. of passing each gate upon any road constructed by such Company for any portion of such Road on either side or on both sides of such gate not being more than halfway to the next gate, or gates on the same Road, if any, and not exceeding five miles in the whole, or for the whole of such Road, if the length thereof do not exceed five miles, and there be only one gate thereon, at the following rates per mile, that is to say: for every vehicle, whether loaded or otherwise, and for the horse or other beast, or one of the horses or other beasts drawing the same, one penny; and for every additional horse or other beast drawing any such vehicle, one half penny; for every horse and rider, one half penny; for every led horse, one half penny; for every score or number less than a score of sheep, swine or neat cattle, one halfpenny: Provided always, that any Company may in their discretion charge a greater or less toll according to the weight or quantity drawn by each team, not exceeding however the above rates of toll in any case. IV. And be it enacted, That the tolls to be taken or levied by any Company formed or to be formed under the said Act cited in the preamble of this Act as amended and extended by the Act of the Parliament of this Province, passed in the Session thereof held in the thirteenth and fourteenth years of Her Majesty's Reign, chaptered fourteen, and intituled, An Act to extend the Acts for the formation of Companies for constructing Roads and other works to Companies formed for the purpose of acquiring Public Works of like nature, upon any Road granted or transferred to such Company under the authority of the said Acts and the Act passed by the Parliament of this Province in the Session thereof held in the twelfth year of Her Majesty's Reign, chaptered five, and intituled, An Act for the better management of the Public Debt, Accounts, Revenue and Property', shall be regulated by the next preceding section of this Act, all the provisions of which section shall apply to every such Company and Road: Provided however, that lower rates of toll upon any road hereafter transferred under the said Acts, may be fixed or established in the Order of the Governor in Council transferring the same to any such Company.

any

Tolls to be regulated by the next preceding

section,

Provisions of the same

how to apply.

Proviso.

the construction of Roads.

V. And be it enacted, That any Company now or hereafter to be formed under the Materials to be used in provisions of the said in part recited Act and this Act, for the construction of Turnpike Road, may in their discretion form the same in part or in whole either of metal, timber, charcoal or any other suitable material for constructing a firm, substantial and smooth surface, whether the material be mentioned in the registered Instrument of Incorporation or not.

VI. And be it enacted, That the provision contained in the thirty-fourth clause of the said in part recited Act, passed in the twelfth year of Her Majesty's Reign, shall extend to all Turnpike Road Companies chartered by any other Act of the Parliament of this Province, in the same manner as if the said thirty-fourth clause had been and were part of the said several Acts respectively incorporating Road Companies in Upper Canada.

VII. And be it enacted, That if any Arbitrator named by any party according to the provisions of this or the said in part recited Act, shall refuse or neglect to take upon him the duties thereby imposed, it shall be lawful for the Judge of the County Court, as provided by the said Act, to nominate a Councillor, as therein also provided, to act in the place of such Arbitrator so refusing or neglecting as aforesaid, and that every Arbitrator so appointed by the Judge of the County Court as aforesaid, shall and he is hereby required to hear and determine the matter to be submitted to him with all convenient speed after he shall have been so nominated as aforesaid.

The 34th. clause of

12 Vict. c. to extend Turnpike Road Com

to all incorporated

panies.

If arbitrator refuse or ties, who shall act in his place.

neglect to perform du

Vacancies occurring amongst Directors,

how to be filled up.

When two companies may unite, and be formed into one.

Notice to be served

mencing any work.

VIII. And be it enacted, That if any vacancy or vacancies shall at any time happen amongst the Directors of any of the said Companies during the current year of their appointment by death, resignation or permanent residence without the County or Counties in which the Road is situated in respect of which such vacancy or vacancies shall occur, or by any other cause, such vacancy or vacancies shall be filled up for the remainder of the year in which they may so happen, by a person or persons to be nominated by a majority of the remaining Directors, unless otherwise provided by some By-law or Regulation of the Company in which such vacancy may occur.

IX. And be it enacted, That it shall and may be lawful for any two Companies formed for the construction of Roads, which may intersect or be contiguous to each other, to unite and form one consolidated Company on such terms as to them may

seem meet.

X. And be it enacted, That no Company to be formed under the provisions of this prior to company com- and the said in part recited Act, shall commence any work until ten days after the Directors shall have served a written notice upon each Municipal Councillor or at the Dwelling House of each Councillor for any Township through which such Road or other work shall be intended to pass or be constructed.

Certain Instruments or Receipts, with

XI. And be it enacted, That any Instrument or Receipt required by the said Act in whom to be registered. the preamble of this Act mentioned, or by this Act to be registered, which hath been or shall be made, executed or entered into for the construction of any Road or other work situated or being or intended to be made partly in two or more Counties, shall be considered well registered in pursuance of the said Act and of this Act if the same hath been or shall be registered with the Register of any County in which such Road or other works shall be partly situated or intended to be made.

As to when the first

year mentioned in the cited in the preamble of this act, shall ter

6th sect. of the said act

minate.

Term of office of the present Directors.

ally elected.

XII. And be it enacted, That the first year mentioned in the sixth section of the said Act, cited in the preamble of this Act, during which the affairs of any such Company shall be managed by Directors named in the Instrument, in such section referred to, shall terminate with the last day of December next, after the formation of such Company, in respect of every such Company, as shall have been formed during the present year or shall be hereafter formed, and that the term of office of the present Directors of every such Company, as shall have been formed previous to the present Directors to be annu- year, shall expire with the last day of December next, and the Directors of every Company formed or to be formed under the authority of the said Act and of this Act, shall be annually elected to serve after the expiration of the term of office of the previous Election how to take Directors, for one year, commencing with the first day of January, and such annual Election shall take place according to the provisions of any By-law, which the Directors of the Company for which such Election shall be held, shall have passed or shall from time to time pass for the regulation of the annual Election of the Directors of such Company, not interfering with the qualification of voters mentioned in the said Proviso: Directors to sixth section: Provided however, that if the annual Election of Directors for any such Company, shall for any cause not take place regularly at the time appointed, such Company shall not thereby be dissolved, but the Directors thereof for the time being, shall in that case continue to serve until another Election of Directors shall be held, which, in such case, shall take place at such time as shall have been or shall be provided for by any By-law passed by the Directors of such Company for that purpose.

place.

continue in office till next election.

Acts of Canada 7
Vict. c. 36, 10 & 11
Vict. c. 20 explained
and amended,

CAP. CXXIII.

An Act to explain and amend the Acts for preventing obstructions in Rivers and
Rivulets in Upper Canada.
[30th August, 1851.]

BE it 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

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 byt he authority of the same, That for and notwithstanding any thing to the contrary contained in the Act of the Parliament of this Province, passed in the Session thereof, held in the seventh year of Her Majesty's Reign, chaptered thirty-six, and intituled, An Act to prevent obstructions in Rivers and Rivulets in Upper Canada, or in the Act of the Parliament of this Province, passed in the Session thereof, held in the tenth and eleventh years of Her Majesty's Reign, chaptered twenty, and intituled, An Act to amend, explain and continue an Act passed in the seventh year of the Reign of Her Majesty, intituled, An Act to prevent obstructions in Rivers and Rivulets in Upper Canada,' the said Acts shall not, nor shall either of them, or any part thereof, extend to the River Saint Lawrence, nor to the River Ottawa, nor to any River or Rivulet wherein Salmon or Pickerel or Black Bass or Perch do not abound.

CAP. CXXIV.

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An Act to enable Municipal Corporations in Upper Canada to contract Debts to the
Crown, in the purchase of Public Works, without imposing a Special Rate or
Tax for the payment of the same.

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[ 30th August, 1851.]

HEREAS the Public Works which have been, or may be hereafter sold or Preamble. transferred to Municipal Corporations in Upper Canada, yield large sums of money arising from Tolls collected on the same, which the said Municipal Corporations may be desirous of applying towards the payment of the instalments of the purchase money of such Works and the interest thereon, as the same shall fall due, instead of being obliged to impose or levy a Special Rate or Tax per annum for payment of the same, and it is therefore desirable that such Corporations be at liberty to become Debtors to the Crown for the purchase money aforesaid, without levying such Special Rate: 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 it shall be lawful for any Municipality or Municipal Corporation in Upper Canada to contract any Debt or Debts to Her Majesty, Her Heirs or Successors, in the purchase of any of the Public Roads, Harbors, Bridges, Buildings, or other Public Works in Upper Canada; and that any such Municipality or other Municipal Corporation may enter into, make and execute, all or any Bonds, Deeds, Covenants, or other Securities to Her Majesty, Her Heirs or Successors, which such Municipality or other Municipal Corporation may deem fit for the payment of the amount of the Purchase Money of any such Public Work already sold or transferred, or which may be hereafter sold or transferred, or agreed so to be to such Municipality or Municipal Corporation, and for securing the performance and observance of all or any of the conditions of sale or transfer; and may also pass and enact all necessary By-laws for any of the purposes aforesaid. And that all such By-laws, Debts, Bonds, Deeds, Covenants, or other Securities shall be valid and effectual in law, and binding upon such Municipality or other Municipal Corporation to all intents and purposes whatsoever; although no Special

Municipal Corporations empowered to Majesty, in the pur

contract debts to Her

chase of Public Works.

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or other Rate per annum be settled or imposed to be levied in each year, as provided 177 sect. of 12 Vict., in and by the one hundred and seventy-seventh section of an Act of the Legislature of cthis Province, passed in the twelfth year of Her Majesty's Reign, intituled, An Act to provide by one General Law for the erection of Municipal Corporations, and

the

Corporation may by
By-law settle and

per annum.

the establishment of Regulations of Police, in and for the several Counties, Cities, Towns, Townships and Villages in Upper Canada.

II. And be it enacted, That it shall, nevertheless, be lawful for any such Municiimpose a special rate pality or Municipal Corporation, in any By-law to be passed for the creation of any such Debts as aforesaid, or for the making or executing any such Bonds, Deeds, Covenants, or other Securities as aforesaid, to Her Majesty, Her Heirs or Successors, or in any other By-law to be passed by such Municipality or Municipal Corporation, to settle and impose a Special Rate per annum, of such amount as such Municipality or Municipal Corporation may deem expedient, over and above and in addition to all other rates whatsoever, to be levied in each year upon the assessed rateable property within the limits of such Municipality or Municipal Corporation, for the payment and discharge of such Debts, Bonds, Covenants, or other Securities, or some part thereof; and that every such By-law shall be valid and effectual and binding upon such Municipality or Municipal Corporation, although the Rate settled or imposed thereby be less than is required by the said one hundred and seventy-seventh section of the last mentioned Statute; and that all and every the provisions of the said Act, or of any other Act passed or to be passed amending, varying, or repealing the same or any part thereof shall, except in so far as they are inconsistent with the previous provisions of this Act, apply and extend to every such By-law, and the moneys raised or to be raised thereby as fully in every respect as such provisions would extend or apply to any By-law enacted by any such Municipality or Municipal Corporation for the creation of any Debt, or the negociation or raising of any loan, as provided in the said one hundred and seventy-seventh section, or to the moneys raised or to be raised thereby.

Provisions of the said
Act, how to apply.

CAP. CXXV.

Preamble.

An Act to repeal the provision limiting the distance between the County Town and any additional Grammar School in the same County, in Upper Canada.

W

[30th August, 1851.]

HEREAS inconvenience has arisen from the Proviso 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 Part of sest. 6 of 4 &5 the Government of Canada, and it is hereby enacted by the authority of the same, That so much of the sixth section of the Act passed in the Session held in the fourth and fifth years of Her Majesty's Reign, and intituled, An Act to make temporary provision for the appropriation of the Funds derived from the sale of School Lands in that part of the Province formerly Upper Canada, and for other purposes, as is in the words following: "Provided any such additional School shall not be within six miles of the "District Town," shall be, and is hereby repealed.

Vict. c. 19 repealed.

Payment of allowance to be authorized in a certain case.

II. And be it enacted, That notwithstanding the provision of an Act passed in the ninth year of Her Majesty's Reign, intituled, An Act to amend the Act therein mentioned relating to the appropriation of moneys derived from the sale of School Lands in Upper Canada, it shall and may be lawful for the Governor, by and with the consent of the Executive Council, to authorize the payment of the annual allowance to the Board of Trustees of any School, if not less than twenty Scholars shall be educated therein.

САР.

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CAP. CXXVI.

An Act to amend an Act, intituled, An Act to compel Vessels to carry a Light during the Night, and to make sundry provisions to regulate the Navigation of the waters of this Province.

W passed

[30th August, 1851.]

HEREAS it is expedient to amend the Act of the Parliament of Upper Canada, passed in the seventh year of the reign of His late Majesty King William the Fourth, intituled, An Act to compel Vessels to carry a Light during the Night, and to make sundry provisions to regulate the Navigation of the waters of 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,

Preamble.

That all Steamboats, whether propelled wholly or in part by steam, while navigating All vessels to carry the waters of Upper Canada, shall be provided during the night with Lights, to be lights, exhibited and affixed as follows:

When under weigh, a white light on flag staff aft, a bright white light on the foremast head, a green light on the starboard bow, a red light on the port bow, to be fitted with inboard screens :

When at anchor, a common bright light, at foremast head;

As illustrated and explained in the Schedule A.

That Schooners and other sailing Vessels shall be provided during the night with lights to be exhibited and affixed as follows:

When sailing before the wind, a pale light,
When sailing on the starboard tack, a red light,
When sailing on the larboard tack, a green light,
When at anchor, a pale light in the foremast rigging.

On the Pawl Bit or Knight head.

Sailing Vessels running before the wind, or with the wind free, and making a Steamer's light dead a head shall pass on the starboard side, but if to avoid jibing their mainsail, or for any other good reason, they shall wish to pass on the larboard side, then shall shew their green light, indicating that they are on the larboard tack, when the Steamer will pass under the Vessel's stern.

In case of two sailing Vessels approaching one another on opposite tacks, the Vessel on the starboard tack shall keep the wind, and the one on the larboard tack keep away, always when tacking ship at night, shifting the light.

A Vessel in distress shall shew both the red and green lights.

II. And be it enacted, That any such Steamboat, Schooner or Vessel as aforesaid, shall be provided with a Fog Horn or a Bell of a weight not less than twenty pounds, which it shall be the duty of the Master or person commanding such Steamboat, Schooner or Vessel, under the penalty in the seventh section of the said recited Act contained, to cause to be sounded or rung at regular intervals of or not less than five minutes at a time, with an intermission of two minutes, during the time that any such Steamboat, Schooner or other Vessel as aforesaid shall be in a fog.

III. And be it enacted, That no part of the foregoing clauses of this Act shall extend to Lower Canada.

IV. And be it enacted, That the Governor in Council shall from time to time appoint at Quebec, Montreal, Bytown, Kingston, Toronto, Hamilton and Niagara, and at such other places as may be found advisable, one or more persons skilled and competent to make inspections of Steamboats or Vessels propelled in whole or in part by steam, and of the machinery and boilers employed in the same, who shall not be interested in the manufacture of steam-engines, steamboat boilers, or other machinery 258 belonging

All vessels to have

fog bells, and to ring

them when in a fog.

The above not to

apply to L. C.

Governor to appoint Inspectors of vessels and of the machinery

propelled by steam,

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