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CAP. XXVIII.

An Act to amend the Act of incorporation of the Montreal and Laurentian Colonization Railway Company.

[Assented to 28th January, 1874.]

W

THEREAS the Montreal and Laurentian Colonization Preamble. Railway Company, has represented, by petition,

that it was necessary to make certain amendments to their charter; Therefore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows:

1. The said company is authorized and empowered to Power to make construct a line of railway from the village or parish of St. a branch line. Jérôme, or from the village or parish of Ste. Thérèse de Blainville, or from Porteous Crossing on the rivière Jésus, in the county of Terrebonne, to the parish of St. Lin, in the county of l'Assomption.

2. The name of the said company shall be hereafter the "Laurentian Railway Company."

Change of name of the Company.

CAP. XXIX.

An Act to amend the Act to incorporate the Terrebonne Turnpike Road Company.

WH

[Assented to 28th January, 1874.]

HEREAS it is considered necessary to extend the Preamble. Terrebonne turnpike road, from St. Louis Street, in the town of Terrebonne, to the town of Joliette, and thus to improve the means of communication between the city of Montreal and the said town of Joliette, in passing through the said town of Terrebonne, and the village of the parish of St. Henri de Mascouche, in the county of l'Assomption, and that the extension of the Terrebonne turnpike road in the direction of the said town of Joliette, would much contribute materially to the interest of the inhabitants residing along the lines of said road, as well as to the prosperity of the adjoining country;

And whereas it is desirable that certain sections of the act of incorporation of the said company, (twenty-fifth Victoria, chapter seventy-six, one thousand eight hundred and sixty-two,) ought to be amended so as to define clearly the rights and privileges of the said company;

Power to make

mized road.

And whereas Madame Marie Geneviève Sophie Raymond, widow of the late the Honorable Joseph Masson, John Paul Romuald Masson, the Reverend Mr. Joseph Graton, Ptre., Superior of the College Masson, John Atkinson, Joseph Cyrille Auger and others, shareholders in the said Terrebonne turnpike road company, have prayed and asked the right to extend their said road to the said town of Joliette, with all the same powers and privileges to them already granted by the said act twenty-five Victoria, chapter seventy-six, to make and maintain the aforesaid extension of said road, and also to amend certain clauses of said act;

Therefore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows:

1. All powers and privileges granted to the Terrea new macada- bonne turnpike road company, by and in virtue of the act, of the late province of Canada, twenty-fifth Victoria, chapter seventy-six, (one thousand eight hundred and sixty-two,) as amended by this act, on that part of the said turnpike road already made under the authority of the said act, are by these presents granted to the said company for all the part of said road between the north-west side of St. Louis street, in the said town of Terrebonne, to the said town of Joliette, passing through the village of the parish of St. Henri de Mascouche.

Line of roa 1.

2. The said company, by their servants or agents, shall have full power to trace and construct, make and complete, at their own costs and expenses, a macadamized road from St. Louis street, in the limits of the town of Terrebonne, by passing either on the lot of land of Joseph Beauséjour, or on that of the said Madame Masson, or on any other lot of land adjoining thereto, and thence by an oblique line, crossing the lands of the corporation of the college Masson (Provençal's,) and also crossing the lands of Paul Eloy Marier, and the lands (Turgeon and Auger,) now belonging to and owned by the said corporation of the college Masson, and the lands of the different proprietors in the "Pointe à Rochon," in the parish of Lachenaie, to the line which separates the last named parish from that of Mascouche; from thence crossing almost at right angles the lands of the lower part of Mascouche, to the angle of the land of Charles Crépeau, in the centre of which land it shall come down to the village of St. Henri de Mascouche aforesaid, where the said road shall curve to the south-east, at its connection with the main street in the said village, passing along the streets of said village, and taking the direction of the Grand Côteau road, to the embranchment which this last road makes with the oad of "Côte St. Philippe "; thence the said road shall

avail them

take the direction towards the town of Joliette, following the public highways or such other roads as the said company shall deem advisable. The said company may, in The co. may virtue of the provisions of the above mentioned act, selves of pubtwenty-fifth Victoria, chapter seventy-six, as amended by lie roads, and this act, avail themselves of all public means of communi- acquire lands. cation throughout the length of their road, and acquire or possess all lands necessary to them to locate such road for their greatest advantage; and in all cases where the above named macadamized road shall replace the public roads on which it may pass, the company shall have no indemnity to pay to the proprietors of the land on which such new road shall pass, and such part of the said roads so replaced shall become by right the property of the proprietor of the land on which the said road exists, provided that the proprietor of such land, be also the owner of the land taken for the new road.

3. The said company shall be bound to complete that Delay given to part of the road from the town of Terrebonne, to the bridge finish the road. in the centre of the said village of Mascouche, within five years from the day of the passing of this act, and the rest of the said road to the town of Joliette, within ten years, counting from the same date, in default whereof, this act and every matter and thing therein contained, shall cease and be null and void as regards the part not completed only, but shall maintain all their rights as regards the whole portion so made.

4. The capital of the said company shall hereafter be in- Increase of creased to the sum of fifty thousand dollars, instead of fifteen capital. thousand dollars, as mentioned in the seventh section of said act, twenty-fifth Victoria, chapter seventy-six, divided into shares of fifty dollars each, with power, at a general meeting of shareholders of the said company, to increase the same to the sum of sixty-five thousand dollars, and shall be collected as provided for by the seventh section above mentioned; however, the present shareholders shall have the preference before any others to subscribe for the stock as increased under this act, and in proportion to their shares respectively.

amended.

5. The eighth and ninth sections of said act (twenty-fifth 25 Viet., c. 76, Victoria, chapter seventy-six,) shall be amended by striking secs. 8 and 9, out in the same, the words: " County of Laval," wherever they may be, and adding in lieu thereof, the words: "Counties of Laval, Terrebonne, L'Assomption and Joliette."

6. The directors of the Terrebonne turnpike road com- Powers of the pany, who shall be in office at the time of the passing of directors on

the new road.

sec. 27,

this act, shall have the same powers on the extension of said road as on the part of the said road already made, until the next general election of the board of the directors of the said company.

25 Vict, c. 76, 7. The twenty-seventh section of the said act, (twentyfifth Victoria, chapter seventy-six,) is repealed, and the following substituted therefor:

amended.

Fences.

Sec. 30 repealed.

Tolls levied.

Proviso:

Proviso:

"27. Whenever the road constructed by the company runs through the property of private individuals, proceedings shall be taken to establish the indemnity which shall be given to such proprietors for the making and maintaining of the fences dividing their lands from said road, at the same time and by the same means as for determining the price of lands, and for damages caused thereto, in the exercise of the powers of the said company, according to the manner expressed in the twenty-third, twenty-fourth, and twenty-fifth sections of such act.

8. Section thirty of the said act is repealed.

9. The tolls which the company is empowered to levy, as well upon the now existing road, as on the continuation of such road to the town of Joliette, shall not exceed two cents per mile, (reckoning from any gate where the toll is to be paid, to the next gate, in the direction from where the vehicle or animal, for which such toll is to be paid shall have come, whether in going or returning,) for every vehicle drawn by two horses or other draught animals, for each time that such vehicle passes over the said road, whether loaded or not; and for every vehicle drawn by more than two horses or other draught animals, one cent per mile for each additional draught animal; for every vehicle drawn by one horse or other draught animal, for each horse without a rider, for each ox, cow or other horned cattle, for each horse and rider, one cent per mile; and for every vehicle belonging to any person resident in the parish of St. Vincent de Paul, when proceeding to the north of the county of Laval, for wood, or returning therefrom loaded with wood, and for each vehicle belonging to any person residing in the parish of St. François de Sales, when proceeding to the north of the said county of Laval, for wood, or returning therefrom loaded with wood, provided that such wood be for personal consumption, half the tolls hereinabove respectively setforth; for each sheep, goat or pig, one third of a cent per mile;

Provided that it shall be lawful for the said company to make such arrangements for stated periods with all persons as may be agreed upon between them;

Provided always, that the tolls which the company shall Proviso : levy under this section, shall be at the same rate per mile throughout the whole length of the road, and on each and every part thereof;

Provided also, that the total amount of tolls exigible in Proviso: future, upon the company's road within the limits of the county of Laval, shall not exceed the total amount of tolls exigible before the passing of this act, in virtue of section thirty of the act twenty-fifth Victoria, chapter seventy-six, repealed by this act.

sec. 37 of said

10. Section thirty-seven of the said act shall be amended, Addition to by adding after the last word of the said section, the act. following words and proviso:

"In the said parish of St. Vincent de Paul only; pro- Proviso: vided also, that the said preceding provisions be not understood in such manner as to hinder the passing over or the permission to pass over the lands comprised between the base road and the river Jésus, in the parish of St. François de Sales, and over those comprised between St. Louis street and its continuation in the town of Terrebonne, and in the parish of Lachenaie, or the river Jésus, for the purpose of reaching the ice or returning therefrom."

amended.

11. Section forty-one of the said act is amended, by strik-Sec. 41 ing out the words: "excepting along the by-roads where this work shall be done at the expense of the company," and by substituting therefor the following words: "except in that portion of the by-road Monette, which the company's road traverses in the parish of St. Vincent de Paul, and in the by-road Masson, in the parish of St. François de Sales."

may acquire

12. The corporation of any local or county municipality Corporations may acquire, by agreement, that part of the company's road the road. situated within the limits of such municipality; and the corporation of such municipality shall thenceforward have all the rights and privileges, and be subject to all the obligations of the said company, in respect of the portion of road so acquired by it.

13. The company shall, in all cases, establish one trans- Toll gates. versal toll-gate in each parish and no more, between the towns of Terrebonne and Joliette; and in such case, the inhabitants of each of the parishes traversed by the said road, shall have the same rights and privileges as those granted to the inhabitants of the parishes of St. François de Sales and St. Vincent de Paul, by the forty-ninth section of the said act, twenty-fifth Victoria, chapter seventy-six, each in their respective parishes only.

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