deliver over the same on demand to the said president, he shall be liable to the said company in the sum of eight hundred dollars, and shall deliver up every article in his possession May be sued for belonging to the said company, with costs; and it shall be lawful for the president, in the name of the said company, to sue for the recovery of the said amount, and the delivery of the said articles, before any Court of Justice of competent jurisdiction. non perfor mance. Power to use land on either side of the river. Bridge and vested in the 12. For the purpose of maintaining and supporting the said bridge, the said company shall, from time to time, have full power and authority to take and use the land on either side of the said River Yamaska, and there to work up, or cause to be worked up, the materials and other things necessary for maintaining or repairing the said bridge accordingly, doing as little damage as possible, and making just and reasonable compensation for the damage so caused, and the value of the land so taken or occupied as aforesaid. 13. The said bridge, the house and dependencies, and also appurtenances the ascents or approaches to the said bridge, and all materials which shall be from time to time found or provided, for maintaining and repairing the same, shall be vested in the said company for ever. Company. Punishment of turbing the Company. 14. If any person shall interrupt or disturb the said compersons inter-pany, or any person or persons employed by them for repairing rupting or the said bridge, the way over the same, or any road or avenue leading thereto, every person so offending, in each of the cases aforesaid, shall, for every such offence, forfeit a sum not exceeding eight dollars currency, or be imprisoned for a period not exceeding ten days in the common gaol of the district, such sum to be recovered or such imprisonment awarded before or by any two Justices of the Peace for the district of St. Hyacinthe, according to law. Wilfully inju to be felony. 15. If any person shall maliciously pull down, burn, destroy ring the Bridge or injure the said bridge, or any part thereof, or the house or other dependencies, every person so offending and thereof legally convicted, shall be deemed guilty of felony. Penalties how recovered and levied. 16. The penalties hereby inflicted shall be recovered upon proof of the offence respectively, before any one or more of the Justices of the Peace for the said district of St. Hyacinthe, either by the confession of the offender or by the oath of one of more credible witness or witnesses, (which oath any such Justice is hereby empowered and required to administer,) and shall be levied by distress and sale of the goods and chattels of such offender, by warrant signed by such Justice or Justices of the Peace, and the overplus, after such penalties and the charges of such distress and sale are deducted, shall be returned on Application of demand to the owner of such goods and chattels; and one half penalties. of of such penalties, respectively, when paid and levied, shall belong to Her Majesty, and the other half to the person suing for the same. limited. 17. Nothing in this or any other Act contained shall be Liability of construed to make or render any shareholder of the said com- shareholders pany individually liable or responsible for any debts, losses or engagements of the said company, beyond the amount of his or her share or shares in the said company. dicted and the 18. The said company to entitle themselves to the benefits Company to and advantages by this Act granted, shall, and they are hereby keep the required to repair and maintain the said bridge, house and repair, if not bridge in good dependencies, within three months from the day of the passing they may be inof this Act, and to keep the same in good repair thereafter; passage over and if the same shall not be repaired within the term last men- the bridge tioned, so as to afford a convenient and safe passage over the order of Court. stopped by said bridge, or if the said bridge after it shall have been repaired, shall at any time become impassable and unsafe for travellers, cattle or carriages, then if the said bridge shall, by Her Majesty's Court of Queen's Bench, in and for the district of St. Hyacinthe, on an indictment brought and found to that effect (as it may be) against any one or more of the directors for the time being personally, be ascertained to be impassable or unsafe, and notice thereof to them by the said Court be given, the said company shall cause the same to be made safe and commodious for the passage of travellers, cattle and carriages, within the time fixed by the said Court for that purpose, and if within such time the said bridge is not repaired, as the case may require, the Court by its order shall cause the bridge to be closed, and stop the passage of the public thereon. to be rendered 19. The directors of the company shall have power to cause Directors may an account to be rendered by all persons who have acted as cause account president or directors, or been employed by the company or by by former Dithe directors of the said company before the passing of this rectors. Act, and who have been intrusted with the management of the affairs of the said company since the eighth day of June, one thousand eight hundred and fifty-two, and to institute against such persons such proceedings as they may deem necessary for that purpose, and to secure the prompt and complete payment of the amounts due by such persons. reux, the youn 20. Nothing in this Act contained shall affect the rights Rights of and privileges of Charles L'Heureux, the younger, or his repre- Charles L'Heusentatives, for the building of a bridge over the said River ger, saved. Yamaska, at the foot of the cascade, either under any charter or Act granting such privilege, or under any deed or contract made with the owners of the new bridge mentioned in this Act, or any other persons; but all such rights and privileges shall remain in force as if this Act had not been passed. 21. This Act shall be deemed a Public Act. Public Act. САР. Preamble. Recital of. Letters Patent dated 27th day of July, 1865. Granted to Hugh Baines: ture, dated 17th Baines and CAP. CX. An Act to incorporate the Steel, Iron and Railway [Assented to 15th August, 1866.] WHEREAS Hugh Baines, claiming and representing himself to be the original inventor and discoverer of a new and useful machine for making Railroad points, and for bracing the heels of the points with steel, as also the ends of all Railroad rails, and being desirous of obtaining Letters Patent to be issued to him securing to him within the Province of Canada the benefits of the said invention, did for that purpose duly deposit in the office of the Minister of Agriculture in pursuance of the provisions of the Statute of the Province of Canada, intituled: An Act respecting Patents for Inventions, a full description and specification and drawing of the said invention; And whereas, by Letters Patent under the Great Seal of the Province of Canada, dated the twenty-seventh day of July, in the year of our Lord one thousand eight hundred and sixty-five, the sole and exclusive right and liberty of making, constructing, using and vending to others to be used, the said invention and discovery, were granted to the said Hugh Baines, his heirs, lawful representatives and assigns, for the term of fourteen years from the date of such Letters Patent; And of Inden- And whereas, the said Hugh Baines, and the several other January 1866, parties hereinafter named, by an Indenture duly executed by between Hugh and under their respective hands and seals, bearing date the others, to form seventeenth day of January, in the year of our Lord, one thou a Company for sand eight hundred and sixty-six, have mutually agreed among themselves and with each other, to form themselves into a company and for that purpose to apply to the Legislature for a special Act incorporating them as a Company, for the purpose of making Railroad crossing points, and of putting steel ends or sections on Railroad rails in the manner contemplated by the said recited Letters Patent, and of purchasing from the said Hugh Baines and others, such other patent rights and of working thereunder as may appear to be desirable, and of doing such general steel, iron and other work as shall be deemed advantageous; And whereas, for that purpose they have agreed to subscribe and have subscribed among themselves the capital sum of one hundred thousand dollars, divided into one thousand shares of one hundred dollars each, of which only four hundred and fifty shares amounting to forty-five thousand dol lars, are by the said Indenture appropriated among the several parties thereto in certain shares therein mentioned; and by the said recited Indenture it is provided that the residue should be issued at such times as the said Company, when duly consti tuted, should from time to time direct, to and among the several parties to the said recited Indenture, being the parties hereinafter named and their legal representatives, rateably according purposes therein mentioned. to to the respective amounts by them subscribed for under the said recited Indenture, towards the raising and taking up the said sum of forty-five thousand dollars; and whereas, it was by the said recited Indenture among other things provided, that as part of the consideration to be paid to the said Hugh Baines, for an assignment by him of the said recited Letters Patent, and the exclusive privilege thereby granted and of all right to Letters Patent and like privileges for the said invention within the British North American Provinces, there should be alloted and given to the said Hugh Baines one hundred and twenty-five shares, amounting to twelve thousand five hundred dollars, in the said capital stock of the said Company, which should not be liable to any call or demand, but should be deemed and taken to be fully paid-up shares, and as such the same were accepted and taken by the said Hugh Baines in payment of the said sum of twelve thousand five hundred dollars; and whereas, it was by the said Indenture provided and agreed, that the said several parties thereto, other than the said Hugh Baines, should pay the respective sums by them subscribed towards raising the said sum of forty-five thousand dollars, part of the said capital stock, in four equal payments of twenty-five dollars each, at the days and times and in manner following, that is to say: twenty-five dollars for each and every share immediately upon the execution of the said recited Indenture, and twenty-five dollars for each and every share on the fifteenth day of April, the first day of June, and the fifteenth day of August next after the date of the said recited Indenture; and whereas, it was by the said recited Indenture provided, that if the said proposed Company should be duly incorporated before the whole of the said instalments should be paid in the manner by the said recited Indenture provided, the same or such of them as should then remain unpaid should be payable and paid to the said Company on the respective days aforesaid named next ensuing the complete constitution and formation of the said Company as a corporation, and that all such of the said instalments as should be overdue and unpaid at the time of the complete incorporation of the said Company, should be forthwith payable and paid to the said Company when demanded by the said Company; and whereas, by another Indenture bearing And of an Ineven date with the said recited Indenture, the said Hugh Baines, denture of even did grant, bargain, sell, assign and transfer unto John Lang said recited InBlaikie and William Alexander, of the City of Toronto, Es- denture, whequires, their executors, administrators and assigns, all those the reby the said Hugh Baines said invention and Letters Patent and all other patents and pri- assigned the vileges for the monopoly or exclusive use or exercise of the said Patent of ininvention which might thereafter be obtained for the said inven- vention to John tion within the said Province of Canada, or any of the British Lang Blaikie Provinces in North America, and the full and exclusive benefit Alexander. and advantage thereof respectively and all extensions of such Letters Patent or other privileges for or in respect of the said invention, and all rights, authorities, privileges, advantages, profits, emoluments and benefits of the said invention, Letters date with the and William Patent Upon certain trusts. Patent and premises or any of them, in anywise appertaining or belonging, and all the right, title, interest, term and terms of years, benefit, property, advantage, claim and demand whatsoever of the said Hugh Baines in, to or upon the said invention, Letters Patent and premises or any of them; to have, hold, exercise and enjoy the said invention within the said British North American Provinces, and the Letters Patent and premises, unto and by the said John Lang Blaikie and William Alexander, their executors, administrators and assigns, upon trust however to and for the absolute use and benefit of the several parties to the said recited Indentures according to the shares and interest therein expressed, until the formation by the said several and respective parties of a Company to be constituted by Act of Parliament for working under the said Letters Patent and for other purposes, and after the constitution and formation of such Company then upon trust for the absolute use and benefit of such Company, their successors and assigns, and upon trust to assign and transfer the same unto and to the use of such Company, their successors and assigns; and whereas, the said several parties to the said recited Indentures, other than the said Hugh Baines, have paid respectively the sum of fifty dollars for each and every share by them respectively subcribed towards raising the said sum of forty-five thousand dol lars, and in pursuance of the provisions in the said recited inAnd of Letters dentures in that behalf contained; and whereas, the said Hugh Patent of 23rd Jan., 1866. Baines claiming to be the original inventor and discoverer of a certain other invention or discovery called "a new, useful and easy Railroad track," hath procured Letters Patent under the Great Seal of the Province of Canada, bearing date the twentythird day of January, one thousand eight hundred and sixtysix, to be granted to him, whereby the full and exclusive right and liberty of making, constructing, using and vending to others to be used, the said last mentioned invention or discovery within the Province of Canada were granted to the said Hugh Baines, his heirs, lawful representatives and assigns, for the term of fourteen years from the date of such Letters Patent; and whereas, by another Indenture bearing date the fourteenth of May, one thousand eight hundred and sixty-six, and made by and between the same parties as the parties to the said recited Indentures, the said Hugh Baines for the considerations therein May, 1866, of mentioned did among other things grant, bargain, sell, assign, assignment of transfer and set over unto the said John Lang Blaikie and Patent by Hugh William Alexander, their executors and administrators, all Baines to John those the said invention mentioned in the said Letters Patent, Lang Blaikie, Granted to And of inden ture dated 14th said Letters and William Alexander, bearing date the twenty-third day of January, one thousand eight hundred and sixty-six, together with the said Letters Patent and the full and exclusive use, benefit and advantage thereof, with the like benefit of all future and other Letters Patent, or like privileges for the same invention to be granted within the Province of Canada or any part of the British North American Provinces, and all extensions of such Letters Patent or other privileges for or in respect of the said invention, and all |