An Act to amend an Act passed in the sixth year of the Reign of His late Majesty King William the Fourth, intituled An Act to incorporate the City of Toronto and Lake Huron Rail-Road Company. [29th March 1845.] W HEREAS the City of Toronto and Lake Huron Rail-Road Company have by their Petition prayed, that the Act of the Parliament of Upper Canada, passed in the sixth year of the Reign of His late Majesty King William the Fourth, incorporating the said Company, may be so amended as to empower the said Company, in their discretion, to construct in lieu of, or in addition to, any Rail-Road they are now authorized to construct, a planked, macadamized or blocked Road, and so as to render it unnecessary that the said Road so to be constructed shall be confined within the limits of the Home District, and so as to extend to them further time for the completion of the same; and whereas it is desirable that the prayer of their said 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, 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 for and notwithstanding any thing in the said Act, or in any other Act of the Province of Upper Canada contained, it shall and may be lawful for the said Toronto and Lake Huron Rail-Road Company to construct, in their discretion, in lieu of or in addition to any Rail-Road they are now authorized by law to construct, a planked, macadamized or blocked Road, upon the same terms and under the same conditions and Preamble. Act of U C. 6 Will. IV. cap. 5, cited. Certain provisions of the amended. said Act Law appli cable to any new road. Amount of £500,000. and restrictions as they are authorized to construct a Rail-Road, and to fix the terminus of any such rail, plank, macadamized or blocked Road at any point on Lake Huron they may deem most advisable, and that the time for the completion of any such Road shall be extended to the period of four years from and after the passing of this Act. II. And be it enacted, That all the provisions of the said hereinbefore recited Act, shall apply to and be in full force as regards any planked, macadamized or blocked Road hereby authorized to be constructed, or to any Rail-Road which the said Company may in their discretion construct. III. And be it enacted, That notwithstanding any thing in the said Act containCapital Stocked, the capital stock in the said Company shall not exceed in value five hundred thousand pounds, divided into shares of five pounds each, and it shall and may be lawful for the said Company to sue for and recover the amount of any share or shares subscribed by any person or persons in the capital stock thereof in any Court having competent jurisdiction. This Act not to prevent incorporation of any other Company for IV. And be it enacted, That nothing in this Act contained shall extend or be construed to extend to prevent the Legislature of this Province, from incorporating any other Joint Stock Company or Companies at any time hereafter, from any point on Lake Ontario, to any point on Lake Huron, any thing herein contained a like purpose. to the contrary notwithstanding. Public Act. V. And be it enacted, That this Act shall be deemed and taken to be a public Act, and as such shall be judicially noticed by all Judges, Justices of the Peace and other persons, without being specially pleaded. MONTREAL.-Printed by STEWART DEREISHIRE and GEORGE Desbarats, An Act to amend the Act authorizing the Establishment of Mutual Fire Insurance Companies, and the Act to continue and amend the same. [29th March, 1845.] C. Will. 4 L. 6 Will 4. HEREAS the President and Directors of the Mutual Fire Insurance Preamble. Company for the County of Montreal, have, by their Petition to the three branches of the Legislature of this Province, applied for certain amendments to the Act of the Legislature of the former Province of Lower Canada, passed in the fourth year of the Reign of His late Majesty William the Fourth, intituled, An Act to authorize the Establishment of Mutual Fire Insurance Companies, and to the Act of the same Legislature, passed in the sixth year of the Reign of His said late Majesty William the Fourth, intituled, An Act to continue for a limited time and to am nd a cerlain Act therein mentioned, relative to the Establishment of Mutual Fire Insurance Companies, in virtue and by the authority of which said two Acts, the said Mutual Fire Insurance Company for the County of Montreal, has been established and exists; and whereas it is expedient to grant the said Petition: 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 vir e of and under the authority of an Act passed in the Parlia nent of the United Kingdom of Great Britain and Ireland, and intituled, An Act to Reunite the Povinces of Upper and Lower Canada, and for the Governement of Canada, and it is hereby enacted by the authority of the same, That from and after the passing of this Act, all and every the provisions of the two Acts cited in the preamble of this Act, which are hereinafter altered, or shall be inconsistent with the provisions of this Act, shall be and the same are hereby repealed in so far as regards the said Mutual Fire 64 Provisions of the Acts above in so far as regards the viu cit d repealed tual Fire Insu Insurance rance Compa ny for County of Montreal only. Extension of time to Direc Insurance Company for the County of Montreal only, and not with regard to any other Company established under the said two Acts, with regard to which said. other Companies all and every the provisions of the said two Acts shall be in entire force as if this Act had not been passed. II. And be it enacted, That from and after the passing of this Act, the Directors for certain tors of the said Company shall have ten days instead of five to make such answer in writing as is mentioned in the eleventh Section of the Act first above cited as aforesaid. purposes. As to a member suffering loss by fire. Death or In dorser upon a note given to Company by a member. III. And be it enacted, That when any Member of the said Company shall have suffered any loss by fire, and it shall appear to the Directors that, by reason of such loss, such Member has no sufficient means or property to answer the amount of his promissory note deposited with the said Company; then, unless such Member shall otherwise secure the payment of his proportion of dividends or assessments which might be declared on his promissory note, pending the duration of his policy of Insurance or of its renewal, it shall be lawful for the Directors of the said Company to keep and retain in their hands, from and out of the amount allowed to such Member for such loss so by him suffered, the amount of the said promissory note, as a guarantee and security for the payment of such dividends or proportion of such assessments as might be declared on such promissory note, pending the duration of the policy, or a renewal, and the balance remaining on such promissory note, after the payment of such dividends, if any, shall be returned, and paid over to such Member, within thirty days after the expiration of his policy, or of the period for which it shall be renewed. IV. And be it enacted, That it shall be lawful for the Directors of the said solvency of en- Company to oblige any Member thereof, who shall have given his endorsed note either to obtain a policy of Insurance or to renew the same, to furnish and give a new endorser to the satisfaction of the said Directors, in case of the death or insolvency of the party who shall have endorsed such note; and if such Member shall neglect or refuse to give such new endorser within thirty days after he shall have been requested so to do by the Secretary of the said Company, it shall be lawful for the said Directors to cancel the policy of Insurance or the renewal of a policy for which such note shall have been given; and such person whose said policy or renewal of policy shall have been so cancelled, shall cease to be a Member of the said Company, but shall nevertheless be liable for the payment of his proportion of the losses sustained by the said Company up to the time when his said policy or renewal of policy shall have been cancelled, and after the payment of such proportion of the said losses, his promissory note shall be returned to him. minutes of V. And be it enacted, That all extracts and copies of the minutes of the Pro- Extracts and ceedings of the Directors of the said Company, and of the Registry kept by the pro proceedings, said Company, and all copies of the entries of the same, and in general all certifi- &c., to be cates and papers signed by the President and under the Seal of the said Company, Courts of and countersigned by the Secretary thereof, shall be received in all Courts of Jus- Justice. tice in this Province as prima facie evidence of the facts mentioned in such extracts, copies, certificates, and papers, respectively. evidence in VI. And be it enacted, That this Act shall be considered a public Act, by all Public Act. Judges, Justices of the Peace, and Officers of Justice, and by all other persons whomsoever, and shall be judicially taken notice of without being specially pleaded. MONTREAL:-Printed by STEWART DERBISHIRE and GEORGE DESBARATS, |