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ing of Shareand how to be
Duration of office.
Lake St. John, in the Saguenay Territory, to be called "The Quebec Northern Railroad," binding themselves in the said Stock Book, or on any single sheet of paper issued for the purpose of subscribing Stock thereon to the said Quebec Northern Railroad, to pay for the amount of Shares for which any such person or Corporation has subscribed or authorized any person to subscribe, shall be deemed to have subscribed for a like amount of Stock of the Company hereby incorporated, notwithstanding that the name of the said undertaking is by this Act altered to that of The Quebec and Saguenay Railway, and shall have all the rights, and be subject to all the liabilities which they would have, or be liable to, if they had subscribed for a like amount of Stock under the provisions of this Act.
eral Meeting and Election.
XI. On the said first Monday in March, and on the first Monday in March in each year thereafter, or on such other day and at such place as shall be appointed by any By-law, there shall be chosen by the private Shareholders seven Directors, in manner hereinafter mentioned; and public notice of such Annual Election shall be published one month before the day of Election in the Canada Gazette, and all Elections for such Directors shall be by ballot, and the seven persons who have the greatest number of votes at any Election shall be the Directors; and if it shall happen that any two or more shall have an equal number of votes, the private Shareholders shall determine the Election by another or other ballots, until a choice is made; and if any vacancy shall at any time happen among the said seven directors by death, resignation or otherwise, such vacaney shall be filled for the remainder of the year by a majority Board formed. of the Directors; and the said seven Directors, together with
X. When and so soon as five per cent of the said Capital Stock shall have been subscribed and paid in, it shall be lawful for the said Directors, or a majority of them, to call a meeting of the holders of such Shares, at such place and time as they shall think proper, giving at least fifteen days' public notice of the same in a newspaper published in the French language, and in one published in the English language in the City of Quebec, at which said general meeting, and at the annual general meeting hereinafter mentioned, the private shareholders present, either in person or by proxy, shall elect seven Directors in the manner hereinafter mentioned, and one Director shall be chosen by each Municipal Corporation being Shareholders to the amount of five thousand pounds currency, which said Director shall be the Mayor of such Municipality, or such other person as each such Municipality may by By-law specially appoint for that purpose; the fourth sub-section of the eighteenth Section of the said Railway Clauses Consolidation Act in this respect being hereby superseded; and which said Directors shall hold office until the first Monday in March following.
the Representatives of the Municipal Corporations subscribing as aforesaid, shall form the Board of Directors.
XII. Three of the said Directors shall form a Quorum for the transaction of business; and the persons qualified to be elected Directors of the said Company under this Act, shall Qualification. be Shareholders holding each at least six Shares in the Stock of the said Company, who shall have paid up all calls on such Shares.
XIII. It shall and may be lawful for the Directors at any Calls how to time to call upon the Shareholders for such instalments upon be made. each Share which they may hold in the Capital Stock of the said Company, in such proportions as they may see fit, so as no such instalment shall exceed ten per cent on the amount of each Share, giving at least one month's notice for each call, in such manner as they shall appoint: Provided always, that Proviso: unless the said Company shall have commenced the under- forfeiture of taking within five years from the passing of this Act, and charter by completed the same to the River St. Anne, within ten years therefrom, this Act shall be null and void.
XIV. The said Company shall have power to become Company parties to Promissory Notes and Bills of Exchange, for sums may be party not less than Twenty-five pounds, and any such Promissory Exchange, Note made or endorsed, and any such Bill of Exchange drawn, and how. accepted or endorsed, by the President of the Company, or Vice-President, and countersigned by the Secretary and Treasurer, and under the authority of a quorum of the Directors, shall be binding upon the said Company; and every such Promissory Note or Bill of Exchange so made, drawn, accepted or endorsed by the President or the Vice-President of the said Company, and countersigned by the Secretary and Treasurer as such, after the passing of this Act, shall be presumed to have been properly made, drawn and accepted or endorsed, as the case may be, for the Company, until the contrary be shewn; and in no case shall it be necessary to have the Seal Seal not of the Company affixed to any such Bill of Exchange or Pro- required. missory Note, nor shall the President, Vice-President, or the Secretary and Treasurer of the Company, so making, draw- Non-liability ing, accepting or endorsing any such Promissory Note, or signing them. Bill of Exchange, be thereby subjected individually to any liability whatever: Provided always, that nothing in this Section Proviso. shall be construed to authorize the said Company to issue any Note payable to bearer, or any Promissory Note intended to be circulated as Money, or as the Notes of a Bank.
XV. Any Shareholder in the said Company, whether a British Aliens may Subject or an alien, or a resident in Canada or elsewhere, vote and hold shall have equal rights to hold Stock in the said Company, office. to vote on the same, and be eligible to office in the said Company.
XVI. It shall be lawful for the said Company and the North Shore Railway Company to enter into any agreement or agreeother Compa- ments for the use by the said Quebec and Saguenay Railway
Company may agree with
tain purposes. Company of that part of the line of the said North Shore
Railway from its terminus in the City of Quebec, to any point on the said North Shore Railway, and to cross over such Railway upon a level which may be agreed upon between both Companies, or to enter into any other arrangement or arrangements with regard to the performance of any service by the one Company for the other.
Case of Saisie
XVII. If any Writ of Saisie-Arrêt or Attachment shall be Arrêt, fails et served upon the said Company, it shall be lawful for any duly authorized Officer of the Company in any such case, to appear in obedience to the said Writ to make the declaration in such case by law required, according to the exigency of each case, which said declaration shall be taken and received in all Courts of Justice in Lower Canada, as the declaration of the Company; and in cases where interrogatories sur Faits et Articles or Serment Décisoire may be served upon the Company, the Directors shall have the power by a Vote or Resolution entered among the minutes of the proceedings of any Meeting, to authorize any Officer of the Company to appear in any cause to answer such interrogatories, and the answers of such Officer so authorized, shall be held and taken to be the answers of the Company, to all intents and purposes, as if all the formalities by law required had been complied with ; and the production of a copy of such Resolutions certified by the Secretary, with the said answers, shall be sufficient evidence of such authorization.
XVIII. The Guage of the said Railway shall not be broader or narrower than five feet six inches.
XIX. This Act shall be a Public Act.
FORM OF CONVEYANCE.
Know all men by these presents, that I, A. B. of (name also the wife, if any,) do hereby in consideration of (here the sum) paid to me by the Quebec and Saguenay Railway Company, the receipt whereof is hereby acknowledged, grant, bargain, sell, convey and confirm unto The Quebec and Saguenay Railway Company, their successors and assigns for ever, all that certain tract or parcel of land, situate (here describe the lands,) 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 lands and premises, together with the appurtenances thereto, to the said Quebec and
Saguenay Railway Company, their successors and assigns for ever, (here the release of dower, if any.)
Witness my (or our) hand (or hands) and seal (or seals) this
Signed, sealed and delivered, in presence of
A. B. (L. S.)
An Act to change the name of the Peterborough and Port Hope Railway Company, and to amend the Act incorporating the same.
[Assented to 18th December, 1854.]
HEREAS the Peterborough and Port Hope Railway Preamble. Company, have petitioned that the Corporate name of the said Company may be changed, and that the Act incorporating it may be amended in the manner hereinafter mentioned, and it is expedient to grant the prayer of their said Petition: 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, as follows:
I. From and after the passing of this Act, the Company in- Name of Comcorporated by the Act passed by the Legislative Council and pany incorpo Legislative Assembly of this Province, in the Ninth year of rated by 9 V. Her Majesty's Reign, but sanctioned by Her Majesty in Coun- changed. cil in the Tenth year of Her Reign, and intituled, An Act to incorporate the Peterborough and Port Hope Railway Company, shall be called and known by the name and style of "The Port Hope, Lindsay and Beaverton Railway Company," instead of being called and known by the name and style of "The Peterborough and Port Hope Railway Company," any thing in the said Act or in any other Act or law to the contrary notwithstanding: Provided always, that such change of name Proviso. and style shall not be construed to make the said Company a new Company or Corporation, or to impair or alter the effect of any Act relating to the said Company, or of any instrument or proceeding, to or in which the said Company by its former name and style may be or may have been a party or in any way concerned or interested, but the same shall have full force and effect, and shall apply to and may be continued with respect to the said Company, by the name and style hereby assigned to it, upon suggestion of the passing of this Act.
II. The fourth, ninth, thirteenth, twenty-eighth and twentytions of 9 V., ninth sections of the Act last above cited, incorporating the said Company, shall be and are hereby repealed.
c. 109, repeal
. Certain sections of 14 & 15 V c. 51,
as amended by 16 V. c. 169, with the said
IV. The Record of the Award or Arbitration mentioned in the sixth section of the said Act incorporating the said Company, being deposited in the Registry Office of the proper the Company. County, shall, on payment of the amount of such Award, into
Award or Arbitration to be a title to
any Chartered Bank of this Province, for the party entitled to the same, be a good and valid title to the Company for the lands therein mentioned, and for which compensation is thereby awarded; and the sum thereby awarded as compensation, after deducting the costs of the arbitration, shall be a debt due by the Company to the party or parties entitled to receive such compensation, of which debt the award or copy thereof certified by the Register having the custody thereof, shall be sufficient evidence, and such debt shall bear legal interest from the date of such award until paid, if demanded within five years from the date thereof, otherwise the same shall bear interest from the time it shall be demanded.
III. The thirteenth sub-section of the twenty-second section (headed "General Provisions") of the Railway Clauses Consolidation Act, as explained by the eighth section of the Act passed in the sixteenth year of Her Majesty's Reign, and intituled, An Act in addition to the General Railway Clauses Consolidation Act, and the fifth sub-section of the said twentysecond section of the Railway Clauses Consolidation Act, shall be and are hereby incorporated with, and shall be held to make part of the said Act incorporating the said Company.
V. The Directors of the said Company may appoint such and so many agents in this Province or in any other part of Her Majesty's Dominions, as to them shall seem expedient, and may by any By-law to be made for such purpose, empower and authorize any such agent or agents to do and perform any act or thing, or to exercise any powers, which the Directors themselves or any of them may lawfully do, perform and exercise, except Their powers. the power of making By-laws: and all things done by such agent or agents by virtue of powers in him or them vested by any such By-law, shall be as valid and effectual to all intents and purposes as if done by such Directors themselves; any thing in the said Act incorporating the said Company, or in any Act amending it, to the contrary notwithstanding.
Directors may appointagents.
VI. And whereas the present Capital of the said Company is found inadequate to the completion of their line of road and its branches, in an efficient and satisfactory manner: Be it therefore enacted, That the said Company are hereby authorized to increase their Capital Stock to the extent of Two hundred and fifty Thousand Pounds Currency, in addition to their present Capital, by creating an additional number of shares, not exceeding twenty-five thousand, of Ten Pounds Currency each.