and confirm unto the said Fergus, Flora and Guelph Railway Company, their successors and assigns forever, all that certain parcel or tract of land situate (describe the land), the same having been selected and laid out by the said company for the purposes of their railway; to have and to hold the said land and premises, together with everything appertaining thereto, to the said Fergus, Elora and Guelph Railway Company, their successors and assigns for ever, (if dower to be released add), and I, (name the wife) release my dower in the premises. Witness my (or our) hand (or hands) and seal (or seals), this , one thousand eight hundred and day of A. B. [L.S. O. K. Signed, sealed and delivered in the presence of САР. ХСІ. Preamble. Certain per rated. An Act to incorporate the "Chaudière Valley Railway W [Assented to 30th June, 1864.] HEREAS Harry Abbott, James Bell Forsyth, Edward Burstall, the Honorable Thomas Ryan, Peter Arnold Shaw, the Honorable John J. C. Abbott, Elzéar Taschereau, Noel Hill Bowen, Esquires, and others, have petitioned the Legislature for an Act of Incorporation to construct a Railroad from some point on the Grand Trunk Railway, passing through the Seigniory of Lauzon and the Valley of the River Chaudière, to the State of Maine; and whereas it is expedient to grant the prayer of the said petition: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: 1. The said Harry Abbott, James Bell Forsyth, Edward sons incorpo- Burstall, the Honorable Thomas Ryan, Peter Arnold Shaw, the Honorable John J. C. Abbott, Elzéar Taschereau, Noel Hill Bowen, together with such other persons or corporations as shall become subscribers and shareholders in the Company hereby incorporated, shall be, and are hereby ordained, constituted and declared to be a body corporate and politic, in fact, by and under the name and style of the Chaudière Valley Railway Company. Corporate name. Certain clauses of the 2. The several clauses of the "Railway Act," with respect to the first, second, third and fourth clauses thereof, and also Railway Act the several clauses of the said Act with respect to "Interpreincorporated with this Act. tation," "Incorporation," "Powers," "Plans and Surveys," "Lands "Lands and their Valuation," "Highways and Bridges," "Fences," "Tolls," "General Meetings,' ," "Directors, their "election and duties," "Shares and their Transfer," "Munici"palities," "Shareholders," " Actions for Indemnity, and "Fines and Penalties and their prosecution," "Working of "the Railway," and "General Provisions," shall be incorporated with this Act; and the expression "this Act," when Interpretaused herein, shall be understood to include the clauses incor- tion. porated with this Act, save and except in so far as they are varied by any of the provisions of this Act. 3. The said Company and their servants shall have full General line power and authority to lay out, construct, make and finish a of railway to double or single iron Railway, at their own cost and charges, be made by Company. of the width or gauge of five feet six from such point on the line of the Grand Trunk Railway, between the. Chaudière Junction and Saint Henry Stations of the Grand Trunk Railway, as the Directors of the said Company for the time being may think most advantageous, and as will ensure the best grades and best connection with the said Grand Trunk Railway, thence passing through the Parishes of St. Henry, St. Isidore, Ste. Mary's, St. Joseph, St. Francis, St. George's, and the Township of Linière, and from thence to the Province Line in the Townships of Marlow or Metogermette, at such point as to the Directors of the said Company may seem expedient; and the Power to consaid Company shall have power and authority to construct the struct by different sections of the said Railway in such order as they see fit, keeping in view the general direction as hereinabove provided. sections. 4. The Capital Stock of the said Company shall not exceed Capital stock. in the whole the sum of one million dollars (with power to increase the same as provided by the Railway Act,) to be Shares. holders in such stock; and the money so raised shall be applied Application of the said Railway and other purposes of this Act; Provided, Proviso: as to always, that until the said preliminary expenses shall be paid preliminary out of the Capital Stock, it shall be lawful for the Municipality expenses. of any County, City, Town or Township interested in the Railway, or otherwise, to pay out of the general funds of such municipality such preliminary expenses, which sums shall be refunded to such Municipality from the stock of the said Company, or be allowed to them in payment of the stock. Annual gene and election of Directors, &c. Notice. 5. The said Harry Abbott, James Bell Forsyth, Edward Burstall, the Honorable Thomas Ryan, Peter Arnold Shaw, the Honorable John J. C. Abbott, Elzéar Taschereau and Noel Hill Bowen, shall be, and are hereby constituted a Board of Directors of the said company, and shall hold office as such until other Directors shall be elected under the provisions of this Act, by the shareholders, and shall have power and authority, immediately after the passing of this Act, to open stock books and procure subscriptions for the undertaking, to make calls upon the subscribers, to cause surveys and plans to be made and executed, and as hereinafter provided, to call a general meeting of the shareholders for the election of directors. 6. The said Directors are hereby empowered to take all necessary steps for opening the stock-books for the subscriptions of parties desirous of becoming shareholders in the said Company; and all persons subscribing to the capital stock of the said Company, shall be considered proprietors and partners in the same, but shall be liable only to the extent of their stock therein. 7. When and so soon as one-fifth part of the said capital stock shall have been subscribed as aforesaid, and one-tenth thereof paid into a chartered Bank in the City of Quebec, to the credit of the said Company, it shall and may be lawful for the said directors, or a majority of them, to call a meeting of the shareholders at such time and place as they may think proper, giving at least two weeks' notice in one newspaper published in the City of Quebec, and in one newspaper pu blished in the City of Montreal, at which general meeting, and at the annual general meetings in the following sections mentioned, the shareholders present, either in person or by proxy, shall elect nine directors, in the manner and qualified as hereinafter provided, which said nine directors shall constitute a Board of Directors, and shall hold office until the first Monday in March in the year following their election. 8. On the said first Monday of March, and on the first ral meetings Monday in March in each year thereafter, there shall be holden a general meeting of the shareholders of the said Company, at the principal office of the said Company, at which meeting the shareholders shall elect nine directors for the then ensuing year, in the manner and qualified as hereinafter provided; and public notice of such annual general meeting and election shall be published one month before the day of election in one or more newspapers published in the cities of Quebec and Montreal: and the election of directors shall be by ballot and the persons so elected together with the ex officio directors under "the Railway Act," shall form the Board of Directors. Ballot. Board of Directors. 9. Five directors shall form a quorum for the transaction of Quorum. business, and the said Board of Directors may employ one of their number as paid director or directors; provided, however, Proviso. that no person shall be elected director unless he shall be the Qualification. holder and owner of at least ten shares of the stock of the said Company, and shall have paid up all calls upon the said stock. 10. In the elections of Directors under this Act, and in the One vote for transaction of all business at general shareholders's meetings, each share. each shareholder shall be entitled to as many votes as he holds shares upon which the calls have been paid up, and shall be entitled to vote either in person or by proxy. 11. The directors may, at any time, call upon the share- Calls for holders for such instalments upon each share which they or any stock. of them may hold in the capital stock of the said company, and in such proportion as they may see fit, except that no such Limitation. instalment shall exceed ten per centum on the subscribed capital, and that one month's notice of each call shall be given in such manner as the directors shall think fit. 12. All deeds and conveyances of lands to the said Com- Form of conpany for the purposes of this Act, in so far as circumstances veyances to will admit, may be in the form of the Schedule A, to this Act Company. subjoined, or in any other form to the like effect; and for the Registration. purposes of due enregistration of the same, all Registrars in their respective counties are required to register in their registry books such deeds and conveyances, upon the production and proof of the due execution thereof, without any memorial, and shall minute the enregistration or entry on such deeds; and the Registrar shall receive from the said Company, for all Fees. fees on every such enregistration, and for a certificate of the same, fifty cents and no more, and such enregistration shall be deemed to be valid in law; any statute or provision of law to the contrary notwithstanding. bills and 13. The said Company shall have power and authority to Company may become parties to promissory notes and bills of exchange for be parties to sums not less than one hundred dollars; and any such promis- notes and sory note made or endorsed, or any such bill of exchange how. drawn, accepted or endorsed by the President or Vice-President of the Company, and countersigned by the Secretary and Treasurer of the said Company, and under the authority of a quorum of the Directors, shall be binding on the said Company; and every such promissory note or bill of exchange so made, shall be presumed to have been made with proper authority, until the contrary be shown, and in no case shall it be necessary to have the seal of the said Company affixed to such promissory note or bill of exchange, nor shall the President or Vice-President or the Secretary and Treasurer, be individually responsible for the same, unless the said promissory notes or bills of exchange have been issued without the sanction and authority Proviso: against issuing Bank notes. Company may issue bonds for money borrowed. authority of the Board of Directors, as herein provided and enacted; provided, however, that nothing in this section shall be construed to authorize the said Company to issue any notes or bills of exchange payable to bearer, or intended to be circulated as money or as the notes or bills of a bank. 14. The Directors of the said Company shall have the power, upon being duly authorized thereto by a vote of the majority of the shareholders in the said Company, present at any annual meeting in the month of March for the purpose of electing Directors, or at any other general meeting of the said shareholders, whereof notice shall have been given in the manner hereinabove provided in the case of a General Annual Meeting and election, and in which notice shall be stated and published the object of such meeting, to issue their bonds made and signed by the President or Vice-President of the said Company, and countersigned by the Secretary and Treasurer, and under the seal of the said Company, for the purpose of raising money for Privilege at prosecuting the undertaking, and such bonds shall be and be tached to such considered to be privileged claims upon the property of the said Company, and shall bear hypothèque upon the said Railway without registration; provided however, that no such bonds bearing such hypothèque shall be issued until after twenty-five per centum of the whole Capital Stock of the said Company, as provided by this Act, shall have been expended in and upon the said Railway; and provided also that the whole amount raised by such bonds shall not exceed one half the Capital Stock of the Company, nor be at any time in excess of the amount actually paid upon its share-capital at the time of the issue of such bonds. bonds. Proviso: when they may issue. Proviso: Company may 15. It shall be lawful for the said Company to enter into agree with any agreement with any other Railway Company, either in this other companies as to Province or in any foreign State, for leasing the said Railway services to be or any part thereof, or the use thereof, at any time or times, or performed by for any period to such other Company, or for leasing or one Company for another. hiring from such other company any Railway or part thereof or the use thereof, or for the leasing or hiring any locomotives, tenders or moveable property, and generally to make any agreement or agreements with any such other company, touching the use by one or the other or by both companies, of the Railway or moveable property of either or of both or any part thereof, or touching any service to be rendered by the one company to the other, and the compensation therefor; and any such agreement shall be valid and binding, and shall be enforced by courts of law according to the terms and tenor thereof, As to foreign and any locomotive, car, carriage or tender of any foreign ears, &c. Railway Company brought into this Province in pursuance of any such agreement, but remaining the property of any such foreign company and intended to pass regularly along the said Railway between this Province and a foreign State, shall for all purposes of the law relative to customs, be considered as carriages |