Penalty on persons assisting others to evade Tolls. Government may assume the property of the road on certain conditions. Company may purchase real estate necessa into any other road, and shall enter the said road beyond any of the said gate or gates without paying toll, whereby such payment shall be avoided, such person or persons shall for every such offence forfeit and pay a sum not exceeding five pounds nor less than five shillings, which said sum shall be expended on the said road, or towards discharging of any debt or other incumbrances thereon, and any one Justice of the Peace for the Home District shall, on conviction of such offender, fine such offender in the said penalty, and from his judgment there shall be no appeal. XXIII. And be it enacted, That if any person or persons occupying or possessing any enclosed land near any toll-houses or toll-gates which shall be erected in pursuance of this Act, shall knowingly permit or suffer any person or persons to pass through such land or through any gate, passage or way thereon, with any carriage, horse, mare, gelding or other animal liable to the payment of toll, whereby such payment shall be avoided, any person or persons so offending and also the person riding or driving the animal or animals, or carriage whereon such payment is avoided, being thereof convicted, shall for every such offence generally forfeit and pay any sum not exceeding five pounds, which shall be laid out in improving such road. XXIV. And be it enacted, That the Executive Government of this Province may at any time whatever assume and take the said entire estate, property, and use of the said road from the said Company, paying to the said Company the Capital so as aforesaid actually expended, together with ten per centum advance thereupon XXV. And be it enacted, That the said Company shall have full power and authority for the purpose of forming and completing the said road, to purchase and hold, in ry for the road. their corporate capacity, such real estate as may be necessary for all the purposes of the said road, and of this Act. May compro mise with own- Arbitrators to ence. XXVI. And be it enacted, That the Directors of the said Company for the time being shall have full power to contract, compound, compromise and agree with the owners and occupiers of land through or upon which the said road may most advantageously pass and terminate. XXVII. And be it enacted, That if in the making of such contract, composition, be appointed in compromise or agreement, any obstacle should arise between the parties thereto, touching the value of the portion of the land to be bought for the purposes aforesaid, then and in such case it shall and may be lawful for the Directors for the time being, from time to time, as they or the majority of them may think fit, to appoint one or more person or persons as Arbitrator or Arbitrators on the part of the said Company, and also for the party or parties disagreeing as to the value as aforesaid, to appoint one or more person or persons, being an equal number with those chosen by the said DirecThird Arbitrators as Arbitrator or Arbitrators on his, her or their part; and that the persons so chosen on both sides shall, having met for that purpose, choose by ballot one other indifferent person, and the whole number of persons so chosen shall be the Arbitrators between the parties disagreeing; and the said Arbitrators shall be sworn by a Justice of the Peace, justly, impartially and equally, as far as in them lies, and to the best of their judgment, to determine the matter to be to them referred. tor. Arbitrators to be sworn. XXVIII. case of party XXVIII. And be it enacted, That if after eight days' notice in writing, given to the Provision in party so disagreeing as to the value aforesaid, such party will not nominate or appoint refusing to apan Arbitrator or Arbitrators as aforesaid, on his part, it shall and may be lawful for point Arbitrathe Directors to add to their first nomination as many others (not being Stockholders of the said Company,) as and for the Arbitrators of the party so refusing to nominate for himself, and such added Arbitrators shall have the same power as if named by the party himself, and shall meet and ballot for the additional Arbitrator. XXIX. And be it enacted, That the Board of Arbitrators so constituted shall fix a convenient day for hearing the respective parties, and shall give eight days' notice at least of the day and place, and having heard the parties or otherwise examined into the merits of the matters so brought before them, the said Arbitrators or a majority of them shall make their award and arbitrament thereupon in writing, which award or arbitrament shall be final as to the value so in dispute as aforesaid. tor. Day to be fixed for hear ing of parties before the Ar bitrators. Award. case of refusal ed by the Ar XXX. And be it enacted, That if the party so disagreeing refuse to accept the value Provision in of the land so ascertained by the Arbitrators as aforesaid till the end of the second to accept the term in Her Majesty's Court of Queen's Bench in Upper Canada, next after making amount awardthe award and tender of the value thereby ascertained, then and in such case the Direc- bitrators. tors for the time being shall be at liberty, and shall have full power to occupy the piece of land so valued by the Arbitrators and to macadamize or plank it in the same manner as other portions of the said road. may Award may bar to an ac be pleaded in tion of cject ment. Proviso: award may be set XXXI. And be it enacted, That in any action of ejectment or other action, real, personal or mixed, for or on account of such occupation by the said Company, their servants or agents, or other person or persons using the said road, the said award be pleaded in bar to such action at any time after the said two terms in the said Court of Queen's Bench, notwithstanding any defect in form or substance in the said award: Provided always, and it is hereby enacted and declared, That it shall and may be lawful to and for the party or parties interested in the land mentioned in the award, or aside for cause. their agent by counsel, at any time within the two next terms as aforesaid, after the same hath been made, and the amount of the value awarded tendered, to move the said Court of Queen's Bench to set aside such award for corruption or any other matter or thing for which awards are now subject to be impugned by law: Provided also, that Proviso: new if the first award be so set aside by the Court of Queen's Bench, the matter in difference may again be submitted to other Arbitrators, and so on till a satisfactory award be made between the parties. award in such case. elect provided against. XXXII. And be it enacted, That in case it should at any time happen that an elec- Failure to tion of Directors should not be made on the day when pursuant to this Act it ought to have been made, the said Corporation shall not for that cause be deemed to be dissolved, but it shall and may be lawful on any other day to hold and make an election in such manner as shall have been regulated by the rules of the said Corporation, to be made for that purpose, such rules not being contrary to the provisions of this Act. XXXIII. And be it enacted, That it shall be the duty of the Directors to make annual dividends of so much of the profits of the said Company as to them or the majority of them shall appear advisable, and an exact and particular statement shall be annually rendered of the state of their affairs, debts, credits, profits and losses, and Directors to dividends and make annual Statements. Public Act. Duration of Act. and such statements shall appear in the books of the Company, and be open to the perusal of any Stockholder upon his reasonable request. XXXIV. And be it enacted, That this Act shall be deemed and taken to be a Public Act, and as such shall be judicially noticed by all Judges and Justices of the Peace, and other persons without being specially pleaded. XXXV. And be it enacted, That this Act from the time of the passing thereof, shall continue in force for fifty years, and from thence to the end of the next ensuing Session of the Provincial Parliament. MONTREAL :-Printed by STEWart DerbisHire & GEORGE Desbarats, An Act to incorporate The Cobourg and Grafton Road Company. WH [ 28th July, 1847.] HEREAS the construction of a substantial Road from the Town of Cobourg Preamble. to the Village of Grafton, in the direction of the line of Road now travelled between those places and commonly called the Kingston Road, would be highly beneficial to the inhabitants of the Townships of Hamilton and Haldimand who reside in the vicinity of the said Road, and would likewise be of great benefit to the public at large by so far improving the direct line of communication between the eastern and western parts of the Province; And whereas certain inhabitants of the said Townships and others, have formed themselves into a Joint Stock Company for the purpose of constructing a good and substantial Road as aforesaid, and have subscribed for Stock to a large amount in the said undertaking; And whereas a Petition has been presented by the inhabitants of the said Townships praying for an Act to incorporate a Joint Stock Company for the aforesaid purpose, and it is expedient that an Act should be passed to incorporate the said Company: 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 Henry Covert, Charles Vernon, Amos Certain perMoore, Stuart E. MacKechnie, John Montgomery Campbell, D'Arcy Edward Boulton, rated. Thomas W. Colleton, and Joseph Phillips the younger, with all such other persons as have subscribed for Stock in the prospectus or undertaking of the Company, and Incorporation. all such persons as shall become Stockholders in the Capital Stock of the Company 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 Cobourg and Grafton Road Name of CorCompany, and by that name they and their successors shall and may have continued succession, and by such name shall be capable of contracting and being contracted. with, of suing and being sued, pleading and being impleaded, answering and being answered unto in all Courts and places whatsoever, in all manner of actions and complaints, matters and concerns whatsoever, and they and their successors may and shall have a common seal, and may change and alter the same at their will and Common Seal. pleasure, and also that they and their successors by the same name of The Cobourg Holding proand Grafton Road Company, shall be by law capable of purchasing, having and perty. holding sons incorpo poration. Proviso: Real estate to be held for . certain pur poses only. Company may stone or gravel road from Cobourg to Grafton. holding to them and their successors, any estate, real or personal or mixed, to and for the use of the said Company, and of letting, conveying or otherwise departing therewith for the benefit and on account of the said Company from time to time as they shall deem necessary and convenient; Provided always nevertheless, that the real estate to be held by the said Company shall be only such as shall be required to be held by them for the purpose of making and using the said road and for objects immediately connected therewith. II. And be it enacted, That the said Company and their servants and agents, shall make a plank, have full power under this Act to lay out, construct, make and finish a plank, stone or gravel road at their own proper costs and charges, on and over the present travelled Kingston road, from the limits of the Town of Cobourg to the centre of the Village of Grafton, and upon and over such portions of the line of country lying between the two places, as shall be deemed necessary by the said Company to straighten the said road, and also to overcome and avoid hills upon the said line of road. Company may contract, com Arbitration to be had when the parties and the Company cannot agree Appointment III. And be it enacted, That the said Company are hereby empowered to contract, pound or agree compound and agree with the owners and occupiers of any lands upon which they with owners of may determine to construct the said road, either by purchase of so much of the said lands through which the road land and privileges as they shall require for the purposes of the said Company, or for may be made. the damages which he, she or they shall and may be entitled to receive of the said Company, in consequence of the said intended road being made and constructed in and upon his, her or their respective lands: and in case of any disagreement between the said Company and the owner or owners, occupier or occupiers as aforesaid, it shall and may be lawful from time to time, for each owner and occupier so disagreeing with the said Company, either upon the value of the lands and tenements, or private privileges proposed to be purchased, or upon the amount of damages to be paid to them as aforesaid, to nominate and appoint one or more indifferent person or persons, and for the said Company to nominate an equal number of indifferent persons who, of Arbitrators. together with one other person to be chosen by the persons named, shall be Arbitrators to award, determine, adjudge and order the respective sums of money which the said Company shall pay to the respective persons entitled to receive the same, the award of the majority of whom shall be final; and the said Arbitrators shall be, and are hereby required to attend at some convenient place in the vicinity of the said road, to be appointed by the said Company, after eight days' notice given for that purpose by the said Company, then and there to arbitrate and award, adjudge and determine such matters and things as shall be submitted to their consideration by the parties interested: and that each Arbitrator shall be sworn before some one of Her Majesty's Justices of the Peace in and for the District of Newcastle, any one of whom may be required to attend the said meeting for that purpose, well and truly to assess the damages between the parties according to the best of his judgment; Provided always, that any award under this Act shall be subject to be set aside on application to the Court of Queen's Bench in the same manner and on the same grounds as in ordinary cases of submission by the parties, in which case a reference may be again made to arbitration as hereinbefore provided. Meeting of Arbitrators to be sworn. Proviso: on due cause New arbitration. In case of de fault to appoint Arbitrators the Judge of IV. And be it enacted, That if after eight days' notice in writing given to the party so disagreeing as to the value aforesaid, such party shall not nominate or appoint an Arbitrator or Arbitrators as aforesaid, on his part, or if the land required by the said Company |