How only the line of any case. between the railway and the lands on which said material shall be found, whatever the distance may be; and all the provisions of the "Railway Act" and of this Act, except such as relate to filing plans and publication of notice, shall apply and may be used and exercised to obtain the right of way from the railway to the lands on which such materials are situated; and such right may be so acquired for a term of years or permanently, as the company may think proper; and the powers in this and the preceding section may at all times be exercised and used in all respects after the railway is constructed, for the purpose of repairing and maintaining the said railway. 18. It shall not be lawful for the said company to divert highway shall permanently or change the line of any public road or highway be diverted, &c. without the consent of the municipality in which such highway or public road is situate, until they have made a plan of such deviation and submitted the same to the person performing, for the time being, the duties of the Government Inspector of Railways, for his approval; a copy of which plan, signed by said inspector, shall be deposited with the Clerk of the Peace of the County or United Counties in which such diversion is situate; and the said company, upon obtaining such sanction and filing said plan, may divert such public road or highway in the manner Powers in such shown on the said plan; and further, in every case of making a deviation, as above provided for, the company shall have all the powers for acquiring the land necessary for the location of the new road or highway, and for any materials necessary to construct the same, and shall possess all the powers given by this Act for the acquiring of land or materials; and also the said company, in all such cases, shall place the new road or highway as near as can be in the same state of repair as the original road so diverted may have been in at the time of such diversion; and in all such cases, if the company require it for their railway purposes, and in that case only, they shall have the right to take possession of and use the original highProviso if the way so diverted; Provided always, and it is hereby enacted, municipality that the company may, with the consent of any municipality in which any public road or highway is situate, take, use and occupy any public allowance for road for the purposes of said railway, the consent of any such municipality to be given by resolution or by-law, as the Municipal Council of such municipality may determine. consents. Limitation of suits for things done under this Act. 19. If any action or suit shall be brought against any 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 such cause of action arose; 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. finish works. 20. The said railway shall be commenced within three When to comyears and completed within seven years after the passing of mence and this Act; and unless commenced and completed within the said several periods, this Act shall be null and void. 21. The Interpretation Act shall apply to this Act, and this Public Act. Act shall be deemed a Public Act. SCHEDULE A. Know all men by these presents, that I (Insert the name of the wife also if she is to release her dower, Witness my hand (or our hands) and seal (or seals) this An Act to authorize the incorporation of the Cobourg, WHEREAS [Assented to 15th August, 1866.] HEREAS the Cobourg and Peterborough Railway Com- Preamble. pany and the Marmora Iron Company have nearly con summated their union under the authority of the Act of last Session, intituled: An Act to authorize the Cobourg and Peter- 29 V. c. 79, borough Railway Company to construct a Tramway or Railway from the Marmora Iron Works to River Trent, or to Rice Lake, and for other purposes; and whereas it has been agreed between the After the filing of the proper deed the Com united. the said companies that upon such consummation the corporate name of the united companies shall be that named in the first section of this Act, and it is desirable that such agreement should be confirmed: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: 1. From and after the filing of the deed, and the publication in the Canada Gazette of the notice in the fifth section of the panies shall be said cited Act mentioned, the said companies respectively, together with all such other persons as may become stockholders under the provisions of the Acts regulating the said companies, and under the said deed when so filed, shall be a body politic and corporate, under the name of the Cobourg, Peterborough and Marmora Railway and Mining Company, and all the respective properties, rights, powers and franchises of the said companies so uniting shall be vested in and belong to the said Cobourg, Peterborough and Marmora Railway and Mining Company. Name. Company may construct branch lines. 2. The said Cobourg, Peterborough and Marmora Railway and Mining Company are authorized to form and run branch lines of railway connecting with any part of their railway, or with their water route into any point or points in the Townships of Marmora, Belmont, Lake, Madoc, Elzevir, and Methuen or any or either of them, and also to connect the Marmora Works in the Township of Marmora, by line of railway either to the southward or northward of the Rice Lake and River Trent, with their main line of railway, between Cobourg and Ashburnham, and also to cross the River Trent with the same, Railway Act to subject to, and under and in accordance with all the clauses apply. applicable to all and every of such works in the "Railway Act" which are incorporated herewith. Company may remove rails and use them 3. The said Cobourg, Peterborough and Marmora Railway and Mining Company are authorized, after the consummation in other places. of such union as aforesaid, if they shall deem it expedient, to remove the iron rails, property and materials from that portion of the Cobourg and Peterborough Railway lying north of the Rice Lake, and to use the same in the construction of the Marmora Branch, provided that nothing herein contained shall restrict or affect the obligation of the Company to restore, complete and maintain their line to Peterborough. Time for com 4. The construction of the Branches authorized by this Act pleting works. shall be commenced within three years from the passing thereof,. and be completed within six years from the same date. Public Act. 5. This Act shall be deemed a Public Act. CAP. CAP. CIV. An Act to incorporate the Bothwell Tram Road and W [Assented to 15th August, 1866.] HEREAS John Walker, John S. Buchanan, James Preamble. Miller, Francis Nadeau, Charles E. Earle, Vine A. Watkins and Charles H. Adams, have, by their petition, represented that the construction of a tram road or way from the village of Bothwell to a point in the township of Orford, in the county of Kent, and of a toll bridge in connection there with over the river Thames, between the townships of Zone and Orford, and the extension of the said tram road or way to points. in the townships of Mosa, Aldborough, Euphemia, Dawn or Enniskillen, would tend much to develope the resources of the said townships and the surrounding country, and be of great public convenience and benefit, and that they are desirous of becoming incorporated as a company for the construction of the said tram road or way, and of the toll bridge, and for theworking of the tram road or way, and collecting tolls on the said bridge, with other proper powers in that behalf, under thename of the "Bothwell Tram Road and Bridge Company, and have prayed to be so incorporated; And whereas it is proper that the prayer of the said petition be granted: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: 1. The said John Walker, John S. Buchanan, James Miller, Incorporation Francis Nadeau, Charles E. Earle, Vine A. Watkins and Charles H. Adams, together with all such other persons as shall, under the provisions of this Act, become shareholders therein, shall be and are hereby declared and constituted a body corporate and politic by the name of "The Bothwell Tram Road Corporate and Bridge Company." a 2. The said Company, their servants and agents shall have full power under this Act to lay out, construct and complete double or single tram road or way of wood, or wood and iron, or other materials, from Bothwell, in the township of Zone, to any point in the township of Orford, and from Bothwell to any point in the townships of Mosa, Aldborough, Euphemia, Dawn or Enniskillen, and also to erect and construct a toll bridge over the River Thames, in connection with the said tram road or way, between the townships of Zone and Orford aforesaid, and to take and hold all lands for the purposes and conveniences of their said tram road or way, and of their said toll bridge and the approaches thereto, and the buildings and constructions in any way connected therewith, or aiding the traffic thereof, and to erect a toll house and toll gate with other dependencies and 34 approaches name. Powers of the Company, and tram way. line of road or and passengers To carry goods approaches to or upon the said bridge, and also shall have full power to carry and transport on their said road or way, and any and every part thereof, including the said bridge to be erected and constructed as aforesaid, in connection with the tram road or way, and for the purposes of the said company to form part thereof, all manner of goods, property and passengers at such reasonable rates as the directors of the company for the time being shall impose, and as shall be from time to time approved by the Governor of the Province; and also to demand and collect tolls for the use of the said bridge as hereinafter provided; and also to do and execute all such other matters and things as shall be necessary, useful or advantageous for constructing, erecting, keeping up and maintaining the said intended tram road or way, and the said toll bridge, toll house, toll gate and other dependencies; and the said road may be worked by horse or other power, but if by steam the rate of travelling shall not be greater than ten miles per hour. Limitation of speed by steam. Capital stock. mence operations. 3. The capital stock of the said company shall be two hundred thousand dollars, divided into twenty thousand shares, of When to com- ten dollars each; but the company may commence operations under this Act so soon as ten thousand dollars shall have been subscribed, and ten per cent thereof paid into any char tered Bank in the Province to the credit of the Company; and the payment of all stock shall be made by calls on each shareholder for such sums and at such times as the Board of Directors of the Company shall determine; provided that at least one month's notice be given of every such call. Calls. Provisional directors. tors. Voters. 4. The affairs of the Company shall be administered and its powers exercised, until the first general meeting thereof, by a Provisional Board of Directors, to consist of the said John Walker, John S. Buchanan, James Miller, Francis Nadeau, Charles E. Earle, Vine A. Watkins and Charles H. Adams, Elective Direc- and thereafter by a Board of five Directors to be elected at such meeting, being severally shareholders to the amount of one hundred dollars or more in the capital stock of the Company, the shareholders electing them at such first meeting having paid in ten per centum on their stock; and two of such Directors in rotation shall retire annually from such Board, but may always be re-elected; and at the elections for Directors, each stockholder shall be entitled to one vote for every share of stock he holds and in respect of which he is not in arrear for any call; and any stockholder may vote by proxy; and the directors shall elect one of their number to be president; and such president and other Directors may be remunerated by the stock holders for their services; and three Directors of such Board shall form the quorum thereof, and in case of the death, resignation, removal or other disqualification of any Director, such Board may fill the vacancy until the next annual general meeting of the Company, by appointing any qualified shareholder thereto. Proxies. President and payment of Directors. Vacancies. |