extinguish the rights and privileges of Her Majesty the Queen, Her Heirs and Successors, nor of any person or persons, body politic or corporate in any of the things therein mentioned (except as to the power and authority hereby given to the said John Yule the younger, his heirs and assigns, and except as to the rights which are hereby expressly altered and extinguished), but that Her Majesty the Queen, Her Heirs and Successors, and all and every person or persons, body politic or corporate, their heirs and assigns, executors and administrators, shall have and exercise the same rights (with the exceptions aforesaid) as they and each of them had before the passing of this Act, to every effect and purpose whatsoever, and in as ample a manner as if this Act had never been passed.

be levied by

distress.

XIII. And be it enacted, That the penalties hereby inflicted, shall upon proof of Penalties may the offence respectively before any two or more of the Justices of the Peace for the said District of Montreal, either by the confession of the offender or by the oath of one or more credible witnesses (which oath such Justice is hereby empowered and required to administer) be levied by distress and sale of the goods and chattels of such offender by Warrant signed by such Justice or Justices of the Peace, and the overplus, after such penalties and charges of such distress and sale are deducted, shall be returned, upon demand, to the owner of such goods and chattels; and one half of such penalties respectively, when paid and levied, shall belong to Her Majesty, and the other half to the person suing for the same.

Proceeds of granted to

fines, &c,,

Her Majesty.

XIV. And be it enacted, That the monies to be levied by virtue of this Act, and not hereinbefore granted to the said John Yule the younger, his heirs and assigns, and the several fines and penalties hereby inflicted shall be, and the same are hereby reserved to Her Majesty, Her Heirs and Successors, for the public uses of this Province and the support of the Government thereof, in the manner hereinbefore set forth and contained; and the due application of such monies, fines and penalties shall be accounted for to Her Majesty, Her Heirs and Successors, through the Lords Commissioners of Her Majesty's Treasury for the time being, in such manner and form as Her Majesty, Her Heirs and Successors shall direct; and an Annual aeaccount thereof shall be annually submitted to each Branch of the Provincial Le- counts. gislature during the first fifteen days of each Session thereof.

XV. Provided always, and be it enacted, That the said Bridge hereby authori- Elevation of zed to be built and erected over and upon the said River Richelieu, shall have an principal arch. elevation under the principal arch thereof, of at least six feet above the level of the said river, at the time at which the waters thereof are usually at the highest.

XVI. And be it enacted, That this Act shall be deemed a Public Act, and shall Public Act. be judicially taken notice of as such by all Judges, Justices of the Peace and all other persons whomsoever without being specially pleaded.

MONTREAL :-Printed by STEWART DERBISHIRE and GEORGE DESBARATS,

W

CAP. XCI.

An Act to incorporate the Sherbrooke Cotton Factory.

[29th March, 1845.]

HEREAS the several persons hereinafter named have, by their humble Preamble. petition represented, that they are desirous of being formed into an Incorporated Joint Stock Company, in the Town of Sherbrooke, in the District of Saint Francis, in this Province, to be called The Sherbrooke Cotton Factory, with power to raise the Capital, and to do such other acts as are necessary for accomplishing that purpose; And whereas it is expedient to grant the prayer of 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 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 Alexander T. Galt, Arba Stimson, William Ritchie, George W. Brooks, William Arms, Daniel Thompson, Hollis Smith, Joseph Pennoyer, William Lloyd, William Brooks, Joseph H. Terrill, R. D. Morkill, Charles E. Stimson, William Walker, Henry Beckett, Walter W. Beckett, Lispnard C. Ball, George Robertson, John Griffith, Alexander Osgood, Horace Barber, John Low, Levi Morrell, Thomas Griffith, Joseph W. Stockwell, Samuel G. Smith, Sewell Haskill, and all and every such other person and persons, body and bodies politic or corporate, as shall, under the authority of this Act be associated with them, and their several and respective successors, executors, administrators and assigns, shall be a body politic and corporate, by the name of The Sherbrooke Cotton Factory, and by that name shall and may have perpetual succession and a Common Seal, with power to break and alter the same, and

Certain pertosincorpor Sherbrooke

ted as "Tho

Cotton Facto

ry."

Corporate powers,

Power to hold lands, &e.

Capital£8,000.

Shares.

Proprietors.

Register Book of Sharehold

ers

and by that name shall and may sue and be sued, implead and be impleaded in all Courts of Law or Equity in this Province.

II. And be it enacted, That the said Corporation shall be and they are hereby authorized to lay out and invest their Capital or any part thereof, in carrying on the manufacture of Cotton Cloth, or other Cloth or Fabric, or other manufactures, and in the doing, purchasing or providing whatsoever shall be requisite or expedient for the interests of the said Company, in carrying on such Manufactures, and for no other purpose whatsoever.

III. And be it enacted, That it shall be lawful for the said Corporation to acquire by purchase, Lease or otherwise, and to hold absolutely or conditionally any Lands, Tenements, Real or Immoveable Estate for the convenient conduct and managing of the business of the said Corporation, not exceeding the yearly value of seven hundred pounds, currency, and to sell, alienate, let, release and dispose of the same and others to acquire in their stead, not exceeding the value aforesaid.

IV. And be it enacted, That the Capital of the said Corporation shall not exceed the sum of eight thousand pounds currency, and shall be divided into shares of Twenty-five pounds, currency each, which Shares shall be held to be personal estate and property.

V. And be it enacted, That all and every person and persons, body and bodies politic or corporate, by or from whom any subscription or payment shall have been or shall be made or accepted, towards the raising of the capital of the said Corporation and their several and respective successors, executors, administrators and assigns, (no such subscription being for less than Twenty-five pounds, currency,) shall have and be entitled to a share or shares of, and in the Capital of the said Corporation, in proportion to the sums they shall have so subscribed, and shall have and be entitled to a proportionate share of the profits, and advantages attending the business and undertakings of the said Company, and shall be Proprietors of and in the same.

VI. And be it enacted, That the said Corporation shall keep a Book in duplicate, to be called the Register Book of Shareholders; and in such Book shall be fairly and distinctly entered the names of the several Corporations, and the names and additions of the several persons being Shareholders of the said Corporation, the number of shares to which such Shareholders shall be respectively entitled, or which shall have been by them sold and transferred, and the amount of subscriptions paid on such shares respectively; and such book shall be authenticated by the common seal of the said Corporation being affixed thereto, and shall be

numbered

numbered and authenticated by the initials of any President of the said Corporation, on each and every page or leaf.

certificate.

VII. And be it enacted, That on demand of the holder of any share, the said Shareholder's Corporation shall cause a Certificate of the Proprietorship of such share, to be delivered to such Shareholder, and such Certificate shall have the common seal of the said company, and the signatures of the President or acting President, and Secretary of the company affixed thereto, and shall specify the number of shares to which such shareholder is entitled, at the time of delivering such Certificate, and shall be in the form of the Schedule, A. to this Act annexed, or to the like effect.

VIII. And be it enacted, That any Shareholder may sell and transfer his, ber, Transfer of or their share or shares, by a written assignment thereof, under his hand in the Shares. form of the Schedule B. or by a Notarial Deed, which assignment or Deed, or a Duplicate or Notarial copy thereof shall be delivered to the Secretary of the Corporation, who shall retain the same and shall enter a note thereof, in the Register Book of Shareholders.

IX. And be it enacted, That from time to time the said Corporation may make such calls of money upon the respective Shareholders, in respect to the amount of Capital respectively subscribed or owing by them, as they shall think fit, provided that thirty days notice at the least be given of each call, in any newspaper published in the District of Saint Francis, if any there be, and if there be none, then by a Circular, delivered at the usual place of residence or business, of each Shareholder resident, or being within the said District, or of the known Agent of such Shareholder, or forwarded to him by post; and provided that no call shall exceed the amount of twenty-five per cent, per share, and that successive calls be not made at less than the interval of two months, and the several Shareholders shall be liable to pay the amount of the calls so made in respect of the shares, held by them respectively, to the persons, and at the times and places, from time to time, appointed by the said Corporation.

Calls upon the Shareholders&c., at what

the amount,

intervals.

Mode of recovering arreclo

from Sharehol

ders.

X. And be it enacted, That if, upon or before the day appointed for the payment thereof, any Shareholder do not pay the amount of any call to which he, she or they may be liable, then such Shareholder shall be liable to pay legal interest upon the same from the day so appointed, to the time of the actual payment, and may be sued both for the amount of the said call and of the interest thereon, in any Court of Law or Equity having competent jurisdiction: Provided always, Proviso. that in any such suit or action to be brought by the said Corporation against any Shareholder, it shall not be necessary to set forth the special matter, but it shall

be