Thirdly. To choose and acquire for and in the name of the Acquisition of said Company, the requisite lands for the construction of the lands. Boulevard or Public Road, Public Grounds, Parks, Gardens, Squares or Ornamental Grounds, and to enter into the necessary arrangements and agreements for the construction of the same, and during, upon, and after the construction, to have the entire management and disposition thereof; to levy fines Fines and and penalties, and to fix and determine by by-law the tolls. amount of tolls to be paid for passing upon, over and through the said Road or Boulevard, provided the amount Proviso: proof such tolls shall in no case exceed a return of ten per cent. fits of Compaon the capital stock of such Company after paying all the ny limited. expenses of maintenance and repairs, and if at any time such amount of tolls, after such deductions, should exceed the said ten per cent. on the capital stock, the surplus, after payment of such dividend, shall be applied to reducing the said tolls; Fourthly. The Company shall have the right to make and Company may enter into deeds, bills, notes, agreements, contracts, and other enter into endocuments and engagements to bind the Company, and gagements, &c., and borwhether by the said Directors or their agents, as may be deemed row money on expedient; and shall have the right to borrow money, not ex- debentures. ceeding in all at any time One Hundred Thousand dollars, at such rate of interest as may be agreed upon, to promote the purposes and interest of the Company, and the securities. to be given by and to the said Company for the same, to give, make and enter into as may be required; and in the borrowing of money by way of loan, the debentures of the said Company may be in the form given in the schedule of this Act marked A, or in any other like form, and need not be passed before Notaries Provided always, that no such Bill, Note or Deben- Proviso. ture shall be for a less sum than One Hundred Dollars. 11. It shall be lawful for the Company at any annual meeting, By-laws to be or special general meeting convened for that purpose, to make made. by-laws, rules and regulations for the conduct and management of the business and affairs of the Company, and the same to alter, amend, repeal or re-enact as shall be deemed needful and proper, such by-laws not to be inconsistent with this Act, nor with the laws in force in this Province. 12. All the by-laws, rules, regulations and ordinances enac- By-laws, &c., ted as aforesaid by the Shareholders for the proper conduct and to be entered management of the said company, shall be entered by the Secre- in a book. tary in a book to be kept for that purpose, which book shall be open at all times to the inspection of the Stockholders and interested parties, and a copy of any such entry, certified by the President and Secretary of the said Company, shall be primá facie evidence of such rules and regulations respectively in all Courts of Justice. Calls upon stock. Proceedings upon failure to meet calls. Stockholders may be wit nesses. Directors may sell shares on which calls are unpaid. Proviso. Liability of limited. Shares, how transferred. 13. The Directors for the time being may make calls for the stock subscribed for, in such manner and at such intervals as may be by them deemed expedient; and the said Company may in any Court having jurisdiction in matters of simple contract to the amount demanded, sue for, recover and receive of or from any Stockholder in the said Company, the amount of any call or calls of stock and interest thereon, which such Stockholder may neglect to pay; and in any such action it shall be sufficient to allege that the defendant is a Stockholder of the Company, and that a call or calls were made upon such stock and were not paid, and to prove by any one witness, whether in the service of the Company or not, such facts as will support the said allegations, neither alleging or proving the appointment of the Directors, or any other special matter, and without naming such Directors in the declaration or other proceedings in the case and no person shall be disqualified from being a witness in any case for or against the said Company by reason of his being a Shareholder therein. 14. If any call made by the Directors upon the Stockholders of the Company shall not be paid in within thirty days after it shall have become due and payable, the Directors, instead of suing for the same, may, by resolution to that effect, sell the shares on which such calls are due and unpaid, and transfer the same to the purchaser as the owner thereof might have done, and after deducting all calls due, interest and cost of sale, they shall pay over the remainder of the proceeds of the sale to the owner of the shares sold: Provided that no such sale shall be made until eight days' previous notice to the proprietor of such share or shares shall have been given, either at his domicile, or through two newspapers if such Shareholder has no domicile in the City of Montreal. 15. Certificates of shares may from time to time be issued Shareholders by the Company to persons subscribing for shares, and thereupon the rights and liabilities of Shareholders shall immediately attach in respect of such shares, and Shareholders as such shall not be held liable for any claim, engagement, loss or payment, or for any transaction, matter or thing relating to or connected with the Company, beyond the amount of their respective shares; and such shares in the capital stock of the Company shall be deemed personal estate, and may be from time to time transferred by the owner in person or by attorney duly authorized, subject, however, to the payment of all instalments due and to become due thereon, with any interest which may have accrued, and the transferee shall thenceforth be entitled to vote at all meetings of Shareholders; provided that no such transfer shall be valid until duly registered on the books of the Company, and no person shall be entitled to sell or transfer any share or shares until the amount of all calls for the time being, and interest, which may be due, are paid or secured to be paid to the satisfaction of the Company; and no transfer of shares shall Proviso. All calls must be first paid. shall release any of the original Shareholders from his or their liability for the payment of the amount of his share or shares, until the same shall have been fully paid. 16. The Boulevard shall be divided into four sections, as Sections of follows: Boulevard: The first-Starting from some point on Sherbrooke Street in Number one. the vicinity of Durocher Street or the College Avenue, near the said mountain, and extending along the south-eastern slope thereof, passing the Waterworks' Reservoir and McTavish's Monument, and connecting with the road between the junction of Sherbrooke and Guy Streets and the Côte des Neiges toll gate, at such point as may be deemed advisable ; The second-Starting from some point on the road between Number two. the junction of Sherbrooke and Guy Streets and the Côte des Neiges toll gate, and extending south and westward around the southern end of the mountain near Monklands to the turnpike road near the village of Côte des Neiges; and also, should it be deemed advisable, connecting with the said turnpike road or the Côte St. Antoine, at some point beyond Metcalfe Terrace ; The third-Starting from some point near the village of Côte Number three. des Neiges, and extending northward and eastward, and around the northern end of the large mountain, to connect with section first as above; The fourth-Starting from section first, at or near McTavish's Number four. Monument, to the top of the mountain, at or near the water pond upon the boundary between the properties of John Redpath, Esquire, and H. B. Smith, Esquire, and thence as directly as possible to connect with section third, as also from the said water pond northward and eastward upon the top of the mountain : Provided always, that the above sections may be altered as Proviso: as to found necessary and requisite after obtaining a particular alterations. survey of the same. section on 17. Each Shareholder, on subscribing his share or shares Shareholders in the said Company, shall have the right to designate the to designate section of the said Boulevard upon which the amount of his which their subscription shall, in the first place, be applied; and it shall subscriptions be the duty of the Directors to maintain distinct accounts of shall be first the receipts and application of such subscriptions until all the expended. sections be completed; and in case no special application is made, then it shall be optional with the Directors to make application on such section or sections as they may see fit. 18. The Company shall have power to acquire lands for Power to acParks, Public Grounds, Gardens, Squares or Ornamental quire lands; Grounds, by agreement with the proprietor or proprietors, or And to hold the same for certain purposes. Deeds to the Powers with draining, taking materials, &c., entry on adjoining Mands. may accept such lands if offered by the proprietors thereof at a valuation approved of by the Directors. 19. It shall be lawful for the said Company and their successors, to acquire in the manner hereinafter provided, and to hold as their own property for ever, all or any such lands being on or about the Montreal mountain as they may require, to enable them to open and to make a Boulevard or public road not exceeding one hundred feet in width, nor more than one hundred and twenty feet at any two or more points, as may be requisite for the site of any toll house or other building to be erected by the Company; and all deeds and conveyances for lands to be conveyed to the said Company for the purposes of this Act may, in so far as the title to the said lands or the circumstances of such parties making such conveyances shall admit, be made in the form given in schedule of this Act marked B. 20. The said Company shall have full power and authority respect to ex- to explore and survey the grounds or the country lying upon and ploration, around the said mountain, and to designate, establish and take, appropriate, have and hold, to and for the use of them and their successors, the requisite lands upon the line of their operations, and within the limits aforesaid, according to the provisions hereinafter contained for acquiring the same; and also to cut, make, and keep in repair upon such adjoining or neighbouring lands, such ditches, drains and water courses as may be necessary for effectually draining and carrying off the water from the said road or work, and to dig, take and carry away gravel, sand, stone, earth and other like materials from any adjoining or neighbouring lands, making compensation therefor as hereinafter provided; 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 any person or persons, body or bodies corporate or politic; and the said Company is also authorized to make ditches, drains, plats, bridges and other works on the line of the said Boulevard, or on the sides thereof; and to include in the same any portion of any existing highway, which they may deem expedient to adopt as part Proviso as to thereof: Provided always, that in the event of the said existing roads. Company adopting any portion of any existing highway, on which tolls are charged, as part of the said Boulevard, the said Company shall make to the Trustees or Managers of such highway, such reasonable compensation for the use thereof, as may be agreed upon between the parties interested, or decided by the award of arbitrators, as hereinafter provided: Provided always, however, that no compensation shall be paid or ex acted for merely crossing any such highway or public road. Proviso. : Price of land to be ascertained by ar 21. If the owner or owners, occupier or occupiers of any lands which the Company may be desirous of acquiring for the amount paya the purposes aforesaid, or from which materials are to be bitration in taken, shall, upon demand made by the Directors of the said certain cases. Company, or the Board of management for the time being, neglect or refuse to agree upon the price or amount of damages to be paid for such land, and the appropriation thereof to the use of the said Company, or for the exercise of any such powers as aforesaid, it shall and may be lawful for the said Appointment Company to name one arbitrator, and for the owner or occupier of arbitrators. of such land so required, or with regard to which such power is intended to be exercised as aforesaid, to name another arbitrator, and for the said two arbitrators to name a third, to arbitrate upon, adjudge and determine the amount which the said Company shall pay before taking possession of such land, or exercising such power as aforesaid; and upon such sum Mode of estibeing ascertained, due attention being had by the arbitrators mating the in ascertaining the same to the benefits to accrue to the party ble by the or parties receiving compensation, it shall be lawful to the said Company. Company to tender such sum to the said party or parties claiming compensation, who shall thereupon execute a conveyance to the said Company, or such other document as may be necessary and requisite, and the said Company shall, after such tender, whether such conveyance or document be executed or not, be fully authorized to enter upon and take possession of such land to and for the uses of the said Company, and to hold the same, or to exercise such powers as aforesaid, in such and the like manner as if such conveyance thereof or other document had been executed as aforesaid; Provided always, That Proviso: if if such person or occupier shall neglect to name an arbi- either party trator for the space of twenty days after having been notified fails to apso to do by the said Company, or if the said two arbitrators bitrator, or do not agree upon such third arbitrator within twenty days the arbitraafter the appointment of the second arbitrator, then upon the torso appoint application of the said Company, or of the other party, a Judge of the Superior Court shall nominate the second or third arbitrator, in lieu of the one so to be appointed or named, but not appointed or agreed upon by the party or the two first named arbitrators as aforesaid, and any award made by the majority of the said arbitrators shall be as binding as if the three arbitrators had concurred in and made the same: Provided also tain grounds that no portion of the said Boulevard or public Road shall be so not to be laid out as to injure any dwelling house or other building, or taken: plan to through any garden or orchard enclosed or cultivated as such be deposited. during the preceding two years, without the consent of the owner or occupier thereof: And provided also, that before making the Proviso. said road or any portion thereof, a proper survey shall be made and a plan thereof shall be deposited in the office of the Prothonotary of the Superior Court for the District of Montreal. point an arbi a third, Proviso: cer 22. Whenever any lands or grounds required by the said Judge of the Company for purposes aforesaid are held or owned by any Superior Court person or persons, bodies politic, corporate or collegiate, to appoint an whose residence may not be within this Province, or unknown certain cases. arbitrator in |