An Act to approve and confirm an Act of the Imperial Parliament of [10th February, 1845. HEREAS an Act was passed in the seventh year of the reign of Her Preamble. present Majesty, intituled, An Act to incorporate Charles Cunningham, Recital. Richard Norman, Samuel Amory, and others, forming a Joint Stock Company for Vict. Cap. carrying on the Fishery in the Gaspé District and Gulf of Saint Laurence, and 45. Coal Mining in the said District; And whereas by the twenty-second section of the said Act it was enacted, that the said Act should not be in force nor have effect until the said Company should have obtained a Charter from Her Majesty, Her Heirs or Successors, in conformity to the provisions thereof, in so far as regards matters to be transacted or things to be done out of or beyond the limits of this Province; And whereas the said Charles Cunningham, Richard Norman and Samuel Amory, after the passing of the said Act, presented their Memorial to Her Majesty's Government, stating or referring to the provisions of the said Act, and praying that Her Majesty would be graciously pleased to grant a Charter to the said Gaspé Fishery and Coal Mining Company, pursuant to the said twentysecond section of the said Act; And whereas Her Majesty's Government deemed it advisable that instead of a Charter from Her Majesty, as aforesaid, the said Charles Cunningham, Richard Norman and Samuel Amory, should introduce a Bill' into the House of Commons for the purpose of giving them the privileges of incorporation and in order to obtain the sanction of the supreme authority of the Imperial Parliament for the establishment and incorporation of the said Gaspé Fishery and Coal Mining Company; And whereas the said Charles Cunningham, Richard Norman and Samuel Amory, caused a Bill to be introduced into the House This Act to be House of Commons for the purposes aforesaid, and the said Bill afterwards became an Act of the Imperial Parliament of Great Britain and Ireland, passed in the eighth year of the Reign of Her present Majesty, and intituled, An Act to confirm and extend the provisions of an Act of the Provincial Parliament of Canada, passed in the seventh year of the reign of Her present Majesty, for incorporating the Gaspé Fishery and Coal Mining Company, a copy whereof is appended to this Act; And whereas by the seventh section of the said Act of the Imperial Parliament it is enacted, that the said Act shall not be in force or in any manner have effect or operation in the United Kingdom, or in Canada or elsewhere, until the same has been approved of and confirmed by an Act passed by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of the Province, in Provincial Parliament assembled, and it is expedient to approve of and confirm the said Act of the Imperial Parliament: 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 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 the said Act of the Imperial Parliament, passed in the eighth year of the reign of Her present Majesty, and intituled, An Act to confirm and extend the provisions of an Act of the Provincial Parliament of Canada, passed in the seventh year of the reign of Her present Majesty, for incorporating the Gaspé Fishery and Coal Mining Company, and whereof a copy is appended to this Act, be and the same is hereby approved of and confirmed. II. And be it enacted, That this Act shall be deemed a Public Act, and as such a Public Act. shall be judicially noticed by all Judges, Justices and others whom it shall concern, without being specially pleaded. APPENDIX. APPENDIX. ACT OF THE IMPERIAL PARLIAMENT REFERRED TO IN THE FOREGOING ACT. 7 & 8 VICT. CAP. XC. An Act to confirm and extend the Provisions of an Act of the Pro- WH [29th July, 1844.] 45. HEREAS an Act was passed by the Provincial Parliament of the Pro- Preamble. vince or Colony of Canada, in the Seventh Year of the Reign of Her Recital. present Majesty, intituled, An Act to incorporate Charles Cunningham, Richard Norman, Samuel Amory, and others, forming a Joint Stock Company for carrying Provincial Act on the Fishery in the Gaspé District and Gulf of Saint Lawrence, and Coal Mining of 7 Vict. c. in the said District; And whereas it is recited by the said Provincial Act, as the fact is, that the improvement and extension of the British Fishery in the Gulf of Saint Lawrence and Bay of Chaleurs, and other places on the Coast of the Province of Canada, are of great importance, not only to the said Province, but to the British Empire, and that it is also of great importance to the said Province that its mines and mineral wealth should be properly worked and brought into useful operation; and that to accomplish the purposes aforesaid it is expedient to establish a Body Politic and Corporate, with the powers, rights and privileges in the said Provincial Act contained, and more particularly with power to the said Body Politic and Corporate to hold Lands, Tenements and Hereditaments necessary to the carrying on their business in the said Province of Canada, to them and their successors, either by acquisition from the Crown, or by purchase from individuals, and to work any Coal Mine or Coal Mines found thereupon, Mines and Minerals thereunto appurtenant and belonging, and with full power to work the same, and to hold and possess immoveable property of every description; And whereas it is further recited by the said Provincial Act, that Charles Cunningham, of Clarges Street, in the County of Middlesex, Richard Norman, of Bryanston Square, in the same County, and Samuel Amory, of Throgmorton Street, also in the County aforesaid, in that part of the United Kingdom of Great Britain and Ireland called England, Esquires, in order to carry the aforesaid purpose into effect, had, by their petition in this behalf, represented that they are, on behalf of themselves and other persons, prepared to raise by subscription a capital capital of one hundred and fifty thousand pounds sterling, when they should be duly authorized and protected in so doing by an Act of Incorporation passed by the Provincial Legislature of Canada, and by a Charter from the Crown; And whereas by the said Provincial Act it is enacted, that the said Charles Cunningham, Richard Norman, Samuel Amory, and such and so many other person or persons, Bodies Politic or Corporate, as had become or should at any time thereafter become subscribers or shareholders of or for the capital stock thereinafter mentioned, in manner thereinafter provided, and their respective successors, executors, administrators and assigns, or such other person or persons, Bodies Politic or Corporate, as should from time to time be possessed of or entitled to such shares as thereinafter provided, should be a Body Politic or Corporate in the Province of Canada in deed and in name, by the name of the "Gaspé Fishery and Coal Mining Company," and by that name should sue and be sued, implead and be impleaded, in all Courts of Law and Equity in the said Province of Canada, and should, during the continuance of the said Provincial Act, have uninterrupted succession, with a Common Seal, which by them might be changed or varied at their pleasure; And whereas by the twenty-second section of the said Provincial Act it is enacted, That the said Provincial Act shall not be in force nor have effect until the said Company shall have obtained a Charter from Her Majesty, Her Heirs or Successors, in conformity to the provisions thereof, in so far as regards matters to be transacted or things to be done out of or beyond the limits of the said Province; and by the twenty-fifth section of the said Provincial Act it is also enacted, That before the said Provincial Act shall have its full effect, and the said Corporation be operative in the said Province, evidence, satisfactory to the Governor, or person administering the Government for the time being, shall be laid before him, showing that the requirements of the said Provincial Act have bonâ fide been complied with, and that one half at least of the said capital sum of one hundred and fifty thousand pounds, sterling, has actually been paid up by the Subscribers or Stockholders of the said Company, and at the disposal of the Directors thereof for the purposes of the Company, in accordance with the said Provincial Act, and that notice thereof has been given by Proclamation or otherwise, in such manner as His Excellency shall deem advisable, and that thereupon the said Company or Corporation shall be operative in the said Province; And whereas the said Charles Cunningham, Richard Norman, and Samuel Amory, since the passing of the said Provincial Act, have presented their memorial to Her Majesty's Government, stating or referring to the provisions of the said Act, and praying that Her Majesty would be graciously pleased to grant a Charter to the said Gaspé Fishery and Coal Mining Company, pursuant to the said twenty-second section of the said Provincial Act, and Her Majesty's Government have deemed it advisable that the said Charles Cunningham, Richard Norman, and Samuel Amory, should introduce a Bill into the House of Commons for the purpose of giving them the privileges |