Capital not to exceed £5,000. appointment of Directors, a call for £10 per cent, may be made. Payment of residue. Works not to be commenced until first instalment paid. Forfeiture of shares on non-payment of instalments. XVI. And be it further enacted by the authority aforesaid, That the whole capital stock of the said Company, inclusive of any real estate which the Company may have or hold by virtue of this Act, shall not exceed in value five thousand pounds, to be held in eight hundred shares, of six pounds five shillings each; and that the shares of the capital stock may, after the first instalment shall have been paid, be transferred by the respective persons subscribing and holding the same to any other person, and such transfer shall be entered or registered in a book or books to be kept for that purpose by the said Company. XVII. And be it further enacted by the authority aforesaid, That so Soon as Directors have been appointed as aforesaid, it shall and may be lawful for them to call upon the Stockholders of the said Company, by giving thirty days notice thereof in some paper or papers published in the Home District, for an instalment of ten per cent upon each share, which they or any of them may respectively subscribe; and that the residue of the sum or shares of the Stockholders shall be payable by instalments, in such time and in such proportions as a majority of the Stockholders, at a meeting to be expressly convened for that purpose, may agree upon, so as that no such instalments shall exceed ten per cent, nor become payable in less than thirty days after public notice in the paper or papers as aforesaid: Provided always, that the said Directors shall not commence the construction of the Railway or Road until the first instalment shall be paid in. XVIII. And be it further enacted by the authority aforesaid, That if any Stockholder or Stockholders shall refuse or neglect to pay at the time required, any such instalment or instalments as shall be lawfully required by the Directors, as due upon any share or shares, such Stockholder or Stockholders so refusing or neglecting shall forfeit such share or shares as aforesaid, with any amount which shall have been previously paid thereon, and that the said share or shares may be sold by the said Directors, and the sum arising therefrom, together with the amount previously paid thereon, shall be accounted for and applied in like manner as other monies of the said Company: Provided always, that the purchaser or purchasers shall pay the said Company the amount of the said instalment or instalments required over and above the purchase money of the share or shares so purchased, immediately after the sale and before he shall be entitled to a certificate of the transfer of such share or shares so purchased as aforesaid: Provided always, that thirty days notice of the sale of such forfeited share or shares shall be given in any newspaper or newspapers published in the Home District, and that the instalment due may be received in redemption of any such forfeited share or shares, at any time before the day appointed for the sale thereof. XIX. And be it further enacted by the authority aforesaid, That it shall be the duty of the Directors to make annual dividends of so much of the Annual Dividends. profits of the said Company as to them or a majority of them shall seem advisable; and that once in each year an exact and particular statement shall be rendered of the state of their affairs, debts, credits, profits and losses, such statement to appear on the books, and to be open to the perusal of any Stockholder, at his reasonable request. XX. And be it further enacted by the authority aforesaid, 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. Public Act. Period for commencing works. XXI. And be it further enacted by the authority aforesaid, That the said single or double Railway or Macadamized Road, shall be commenced and completing the within four years, and completed within eight years after the passing of this Act, otherwise this Act, and every matter and thing therein-contained shall cease, and be utterly null and void. Act. XXII. And be it further enacted by the authority aforesaid, That not- Legislature may altor withstanding the privileges hereby conferred on the said Corporation, the the provisions of this Legislature may at any time hereafter make such addition to this Act, or such alteration of any of its provisions as they may think proper for affording just protection to the public or to any person, bodies politic or corporate, in respect to their estate, property or rights, or any interest therein, or any advantage, privilege or convenience connected therewith, or in respect to any right of way, public or private, that may be afforded by any of the powers given by this Act. XXIII. And be it further enacted by the authority aforesaid, That if, any action or suit shall be brought against any person for any matter or thing done in pursuance of this Act, such action or suit shall be brought within six calendar months next after the fact committed, and not afterwards; and the defendant or defendants in such action or suit, may plead the general issue only, and give this Act, and the special matter in evidence on the trial. Limitation of actions. CHAP. Preamble. Trustees of west York road to complete road to Mimico. Bridge across the Humber CHAP. XXXIV. AN ACT for continuing the improvement of the Lake Road, West of the [Passed 6th March, 1833.] WHEREAS the sum of Three Thousand Pounds, granted by an Act of the first Session of the present Parliament, for the purpose of Macadamizing the West York Road, along the Lake Shore, has been expended, and found inadequate to complete the said road to the point contemplated: And whereas unless further aid is granted the benefit of the sum already laid out will be lost to the public: Be it therefore enacted, by the Queen's most Excellent Majesty, by and with the advice and consent of the Legislative Council and Assembly of the Province of Upper Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of Great Britain, entitled, "An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's reign, entitled, 'An Act for making more effectual provision for the Government of the Province of Quebec, in North America, and to make further provision for the Government of the said Province," and by the authority of the same, That the Trustees of the West York Road shall or may, out of any monies now or hereafter coming into their hands. for the improvement of the West York Road, so soon after the passing of this Act as practicable, complete the improvement of the said front_road to the Mimico Creek, or to the point mentioned in the above recited Act. II. And whereas, the Bridge over the River Ilumber, where that stream crosses the said front road, is constructed in such a manner as to prevent the passage of boats and other craft, which could otherwise ascend that River for a considerable distance, Be it therefore enacted by the authority to be altered on petition of aforesaid, That the Trustees of the West York Road shall, upon appliand York, so as to admit cation being made to them by petition of the inhabitants of the townships of Etobicoke and York for that purpose, so alter the construction of the said Bridge as to permit vessels and other craft, with masts, to pass through the said Bridge. inhabitants of Etobicoke vessels, &c. to pass through the same. William Gamble, and III. And be it further enacted by the authority aforesaid, That William Peter VanEvery, added Gamble, and Peter VanEvery, be added to the present board of Trustees to board of Trustees. for the West York Road. CHAP. XXXV. AN ACT to amend an Act passed in the seventh year of the reign of His late Majesty, King William the Fourth, entitled, "An Act to raise a sum of money to Macadamize the Roads leading from Brockville to Saint Francis, Charleston, Lyndhurst, Beverly and Portland, in the District of Johnstown, and to authorise the erection of toll gates on the said Roads." [Passed 6th March, 1838.] WHEREAS by a certain Act of Parliament, passed in the seventh year Preamble. of the reign of His la e Majesty King William the Fourth, entitled, "An Act to raise a sum of money to Macadamize the roads leading from Brockville to Saint Francis, Charleston, Lyndhurst, Beverly and Portland, in the District of Johnstown, and to authorise the erection of toll-gates on the said roads," certain powers and authorities are given to Trustees therein named, and to their successors lawfully appointed; And whereas it is necessary and proper for the due performance of the duty imposed upon the said Trustees by the above recited Act, that they should have more ample powers than they already by law possess: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Legislative Council and Assembly of the Province of Upper Canada, consituted and assembled by virtue of and under the authority of an Act passed in the Parliament of Great Britain, entitled, an "Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's reign, entitled, 'An Act for making more effectual provision for the Government of the Province of Quebec in North America, and to make further provision for the Government of the said Province," and by the authority of the same, That from and after the passing of this Act the said Trustees, and their successors lawfully appointed, shall have full power and authority, and they are hereby authorised and empowered to enter upon the lands or premises of any adjacent proprietor or proprietors, and to quarry thereon, or take therefrom, all such stones, earth, timber, or other materials, as the said Trustees, or their successors lawfully appointed, shall or may deem necessary for the constructing, making or repairing, of the roads authorised to be Macadamized by said before-recited statute: Provided always, that compensation for any stone or other materials Compensation to be made taken under the authority of this Act, shall be assessed and paid in the same manner as compensation for other damages done to the owners of lands under the provisions of the Act first herein recited. materials from adjacent lands, to complete Trustees authorized to road; owner lands. Trustees authorised to stop up and sell old road; II. And be it further enacted by the authority aforesaid, That the said Trustees shall have power to stop up, sell, dispose of or surrender to any adjacent proprietor or proprietors, in lieu of damages which he, she or they, may claim, for injury sustained by virtue of the exercise of the powers given to the said Trustees in the said before recited Act, any road or roads, or any part of road or roads, which may be rendered useless and unnecessary for the public convenience and welfare, by reason of any alteration in the direction of the said road or roads, which the said Trustees, or a majority of them, may deem necessary and expedient: Provided, that before any such old line of road shall be stopped up, sold, made and obtained from disposed of or surrendered under this Act, a notice of an application for that purpose to the Court of General Quarter Sessions for the District of Johnstown, shall be first published, for two calendar months, in some newspaper printed in the said District; and it shall not be lawful to stop up, sell or surrender, such road, unless the Court of Quarter Sessions shall, after hearing any parties interested in the same, who may attend for that purpose, make an order allowing the said road, or any part thereof, to be stopped up, sold and surrendered. Application being first the Quarter Sessions. Commissioners authorised to extend branch of road to Newborough ; Satisfaction to be made owners for land appropriated; III. And be it further enacted by the authority aforesaid, That the said Trustees shall have power to continue and extend a branch of the said road to the village of Newborough, in the township of North Crosby, and District of Johnstown: Provided always, that reasonable satisfaction be made to the owner or occupier of any lands or premises, for any damages done thereon or thereto, by virtue of this Act: And provided limited as by provisions also, that all matters and things which shall or may be done by the said Trustees, in and by virtue of the powers herein and hereby conferred upon them, shall be subject to the same limitations, conditions, responsibility and trusts, as are contained in the before recited Act, any thing herein to the contrary notwithstanding. Powers of Trustees of former Act. Preamble. CHAP. XXXVI. AN ACT to authorise the Justices of the Peace of the District of Talbot to levy an additional Assessment, to liquidate the costs of the erection of the Gaol and Court House for that District, and other purposes thereinmentioned. [Passed 6th March, 1838.] WHEREAS in the Act passed in the seventh year of the reign of |