XLI. And be it enacted, That whatever may be the rate of divisible profits to the Stockholders in such road, it shall be lawful for the Government at any time hereafter to purchase such road, with all its hereditaments, stock, and appurtenances, in the name of Her Majesty, upon giving to the said Company three calendar months' notice, in writing, of their intention, and upon payment of a sum equal to twenty-five years purchase of the annual divisible profits, estimated on the average of the three then next preceding years, and if the said annual divisible profits shall be less than six per cent., then upon payment of the amount of Capital Stock paid in, and twenty per cent. thereon, and upon such sale and purchase, the Government shall assume all the contracts, debts and liabilities of the Company. Government the Road from the Company upon certain may purchase at any time conditions. actions. XLII. And be it enacted, That if any action or suit shall be brought against any Limitation of person or persons, 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. clause. XLIII. And be it enacted, That the following words and expressions, used in this Interpretation Act, shall have the several meanings hereby assigned to them, unless there be something in the subject or the context repugnant to such construction; words importing Number. the singular number only shall include the plural number, and words importing the plural number only shall include the singular number; words importing the masculine gender only shall include females; the expression "The Company" shall mean the said Cobourg and Port Hope Road Company; the word "Stockholder," shall mean Shareholder, Proprietor, or Member of the Company. MONTREAL :-Printed by STEWART DERBISHIRE & GEORGE Desbarats, Gender. ny." "Stock holder." An Act to incorporate certain persons under the name of The Streetsville WHE [ 28th July, 1847. ] Certain per sons incorpo THEREAS certain inhabitants of the Township of Toronto and adjacent Preamble. Townships, have petitioned for the passing of an Act incorporating a Joint Stock Company for the purpose of constructing a Plank or Macadamized Road from Streetsville to Dundas Street, on the west side of the River Credit, with power to extend the same; And whereas it is expedient to incorporate a Joint Stock Company for the purpose aforesaid, with the powers and under the provisions hereinafter mentioned: 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 James Paterson, Henry Rutledge, Donald Douglas, John Barnhart, William H. Patterson, Benjamin Switzer and John Embleton, with all such other persons as shall become Stockholders in such Joint Stock or Capital, as is hereinafter mentioned, 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 Corporate Streetsville Plank Road Company, 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; and they and their successors may and shall have a Common Seal, and may change and alter the same at their will and pleasure; and also that they and their successors by the name of the Streetsville Plank Road Company, shall be by law capable of purchasing, having and 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, and 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 Proviso as to 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 the said Plank or Macadamized Road, and for objects immediately connected therewith. name and powers. real estate. II. Company may limits. II. And be it enacted, That the said Company and their agents or servants shall have full power under this Act, to lay out, construct, make and finish a Plank or within certain Macadamized Road, or in part Plank and in part Macadamized Road, at their own cost and charges, on and over that part of the country in the Townships of Toronto and Chinguacousey in the Home District, that is to say: from the Town of Streetsville, on the fourth concession line west, in the said Township of Toronto, through the new and old survey, to the Public Road known as Dundas Street, and from thence to extend the same through the Indian Reservation, to Port Credit (on Lake Ontario); also to extend on the fourth concession line from Streetsville on to Lots numbers ten and eleven in the Township of Chinguacousey. Company may make branches to the road. Company may agre with owners of lands necessa ry for the road, as to compensation, &c. Arbitration to be had if the Company and parties camiot agree. Provision in case the party disagreeing shall not appoint an Arbi trator. III. And be it enacted, That the said Company and their agents or servants, shall have full power and authority under this Act to lay out, construct, make and finish additional branches of Plank or Macadamized Road, or in part Plank and in part Macadamized Road, from the said line of road easterly to Hurontario Street, and westerly to the limits of the said Home District, and at such points and places as the said Company shall deem expedient. IV. And be it enacted, That the said Company are hereby empowered to contract, compound, compromise and agree with the owners and occupiers of any lands upon which they may determine to construct the said Plank, or in part Plank, or Macadamized Road, either by purchase of so much of the said land and privileges as they shall require for the purposes of the said Company, or for 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, 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 person or persons who, together with one other person to be elected by ballot by the persons so named, shall be Arbitrators to award, determine and adjudge, and order the respective sums of money which the said Company shall pay to the respective persons entitled to receive the same. V. 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 such owner or occupier shall be a minor, then, and in any such case, the Judge of the District Court of the District in which the land is situate, shall and may nominate and appoint one or more Arbitrator or Arbitrators on their behalf, with the same powers and authority as if appointed by the party or parties so refusing or neglecting to appoint an Arbitrator or Arbitrators in his or their behalf, and to meet and ballot for the additional Arbitrator or Umpire. VI. And be it enacted, That the Arbitrators so appointed shall fix a convenient hearing of par- day for hearing the respective parties, and shall give eight days' notice at least of the day and place, which notice shall be in writing and served on each party respectively, 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 or arbitrament thereon in writing, which award or arbitrament shall be final as to the value so in dispute as aforesaid. Arbitrators to fix a day for ties. Award to be made. Provision in case the party refuse to accept the value ascertained by VII. And be it enacted, That if the party so disagreeing refuse to accept the value of land or damage so ascertained by the Arbitrators as aforesaid, till the end of the second Term in Her Majesty's Court of Queen's Bench, in that part of the Province formerly Upper Canada, next after making the award and tender of the value thereby Arbitrators. ascertained, then and in such case the Directors for the time being shall be at liberty and shall have full power to occupy the piece of land so valued by the Arbitrators, in the same manner as other portions of the said road. In actions brought on account of occu pation of lands by Company, award may be pleaded in bar. Proviso: Award may VIII. 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 shall and may be pleaded in bar of 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, that it shall and may be lawful to and for the party or parties interested in the land mentioned in the said award, or their agent by counsel, at any time within the two terms 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 if the first award Proviso for 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. IX. And be it enacted, That the said Company shall have full power and authority to explore the country lying between Port Credit, on Lake Ontario, and the rear part of the Township of Chinguacousey, and to designate and establish the said intended line of road; and it shall be lawful for the said Company to take, appropriate, have and hold, to and for the use of them and their successors, the requisite lands upon the line and within the boundaries of the said Plank or in part Plank or Macadamized Road hereby authorized to be constructed, and for the purpose aforesaid the said Company and their agents, servants and workmen are hereby authorized and empowered to enter into and upon the lands and grounds of or belonging to the Queen's Majesty, Her Heirs or Successors, or to any other person or persons, bodies politic or corporate, and to survey and take levels of the same or any part thereof, and to set out and ascertain such parts thereof as they shall deem necessary and proper for making, effecting, preserving, completing and using the said intended Road; and also to make, build, erect and set up, in and upon the said route of the Road aforesaid, or upon the land adjoining or near the same, all such works, ways, roads and conveniences as the said Company shall think convenient and necessary for the purposes of the said Road; and also from time to time, to alter, repair, amend, widen or enlarge the same or any other of the conveniences above mentioned, as well for carrying or conveying goods, commodities, timber and other things to and from the said Road, as for the carrying and conveying all manner of materials necessary for making, erecting, furnishing, altering, repairing, amending, widening or enlarging the works of or belonging to the said Road; and also to place, lay, work and manufacture the said materials on the ground near to the place or places where the said works or any of them are or shall be intended to be made, erected, repaired or done, and to build and construct the several works and erections belonging thereto, and also to make, maintain, repair or alter any fences or passages through the said Road, or which shall communicate therewith, and to construct, erect be set aside for cause. new award. Company to survey certain part of the country for the purpose of constructing the said road. And may per for a neces sary works. May amend or Road, &c. enlarge the Further pow ers for making the Road and works. |