Unclaimed goods how to

see fit to do so; and in the event of goods lying unclaimed on the wharves, or in the warehouses of the said Corporbe dealt with. ation, for a period of ninety days, such goods may be sold by public auction after three weekly advertisements thereof shall have been published in any newspaper in the City of Quebec, and the said Corporation shall account for the proceeds thereof to the owner thereof on demand, first deducting all their lawful charges thereon; and if such goods be of a perishable nature, they may be sold within a shorter period, provided cause for such sale be shown by affidavit before any Justice of the Peace for the District of Quebec, and an order for such sale procured from such Justice, who is hereby authorized to grant the same.

Companies may levy tolls

and rates not exceeding those in the Schedule.

Seizure of ves

sels and goods for non-pay

ment of dues.

15. It shall be lawful for the Directors, from time to time, to ask, demand and receive, from all owners or masters of vessels, or persons in charge thereof, from owners, consignees, or agents of all rafts, wares, goods or other merchandize, rates, tolls, dues, and duties for moorages of rafts, vessels, or boats, propelled by steam, sail or otherwise, which may from time to time enter or depart from the said harbor, within the said limits, or which may be lying or anchored, or otherwise moored or fastened therein, and upon all goods, wares and merchandize landed, shipped, carried or deposited or stored therein, not exceeding those limited in the schedule hereunto annexed.

16. In case of non-payment of said dues or tolls or part thereof, or any other charge which, under this Act, the said Corporation may lawfully make, it shall be lawful for the said Corporation to seize forthwith before judgment, any vessel or goods whatsoever upon which such dues or other charges may be owing, and to detain the same at the risk, cost and charges of the owner, until the sum due and the charges incurred for the seizure and detention of the same Sale of vessel be paid in full; and in the event of such rates, dues or

or goods, if

tolls are not

paid.

Masters of

ed to make
certain re-
ports.

other charges remaining due for forty days after such seizure, such vessel or goods may be sold by the said Corporation by public auction, after the publication in any newspaper in the said City of Quebec, of three weekly advertisements of such sale; and the said Corporation shall thereafter, on demand, account to the owner of such vessel or goods for the proceeds of such sale, first deducting the rates or tolls due, and all their other legal charges.

17. It shall be lawful for the said Corporation to require vessels requir- from the master or person in charge of every vessel in the said harbour, a report in writing signed and certified by him, of his vessel's cargo inwards and her draft of water, such report to be made before he shall break bulk; also, of her outward cargo and draft of water before his vessel shall leave the harbour, and such other particulars as may be necessary to carry out the

provisions

provisions of this Act; and in case of refusal or neglect to make such reports, or any of them, it shall be lawful for the said Corporation to seize and detain such vessel at the risk, cost and charges of the master, owner, or person in charge thereof, until the aforesaid requirements are complied with; Provided always, Proviso: Corthat nothing herein contained shall prevent the said Corporation poration may agree with from making such mutual agreement with the masters, owners masters of or agents of steamboats or other vessels, with respect to making steamboats, such reports, and with respect to the payment of all harbour and &c. other dues as may be considered expedient; And provided also, Proviso: for that nothing herein contained shall be construed to prevent the said Corporation from commuting with such masters, owners or agents of steamboats or other vessels, for all rates or dues accruing thereon, on such terms and conditions, and for such sum or sums of money, and for such periods, as to the said Corporation may seem fit and expedient.

further agree

ment.

18. If any injury shall be done to any of the wharves, Vessels may piers or other works in the said harbour, constructed or to be be seized for constructed, by any vessel, or by the carelessness or wantonness injury done to wharves, &c. of the crew thereof, while in the execution of their duty, or of the orders of their superior officers, it shall be lawful for the said Corporation to seize such vessel and detain her until the injury so done shall have been repaired by the master or crew; or until security shall have been given by the said master to pay such amount for the injury and costs, as may be awarded in any suit which may be brought against him for the same; and he is hereby declared to be liable to the said Corporation for any such injury.

19. All dues and penalties imposed by this Act, or by any Recovery of By-law made under the authority thereof, and all rates, tolls and Harbour dues dues authorized to be levied under and by virtue of this Act, and penalties. may be recovered by civil action or proceeding at the suit of the said Corporation, before any Court of competent jurisdiction.

for seizure of

20. The seizure of any raft or vessel which, under and by vir- Magistrate tue of this Act, the said Corporation may make for the purpose of required to enforcing the provisions thereof, may be effected upon the order of give an order any Magistrate for the District of Quebec, which order such Ma- vessels, &c., gistrate is hereby authorized and required to give upon the appli- when so requested by cation of the said Corporation, or its authorized agent, on the the Company institution of any action before such Magistrate for any cause or its agent. rendering such raft or vessel liable to seizure, and on the affidavit of any one credible person that the cause of such action alleged in the declaration, complaint or information, before such Magistrate, is well founded in fact; and such order may and shall be executed by any constable, bailiff or other person whom the said Corporation may choose to entrust with the execution thereof; and the said constable, bailiff or other person is hereby authorized and empowered to take all necessary means, and to demand all necessary aid, to enable him to execute the same.

21.

Capital Stock 21. The Capital Stock of the Company shall be one hundred of Company. thousand pounds, current money of this Province, to be held in one thousand shares of one hundred pounds each, and the shares of the said Capital Stock shall be transferable upon the books of the said Company, in such manner and subject to such restrictions as shall be fixed by the By-laws of the said lity of Share Company; Provided always, that no person to whom shall be holders until allotted any stock in the said Corporation, shall be exempted Stock is paid from liability to the creditors thereof, or from payment of

Proviso: liabi

up.

In certain

ors to have

any calls thereon, by reason of any transfer which he may make of such stock, until the whole amount of the stock so allotted to him be paid in full by the holder thereof; and the stock of the said Company shall be deemed moveable personal estate, notwithstanding the conversion of the funds, or any part thereof, into real estate.

22. The Directors shall have power to issue paid up stock cases, Direct-in the said Company, in payment of the price of real estate powers to is- acquired for the purposes of this Act; and such paid up stock shall be free from all calls whatsoever, and from all claims and demands on the part of the said Company, or of the creditors thereof, to the same extent as if the amount of the same had been regularly called in by the said Company and paid by the holder thereof in full.

sue paid up Stock.

Per centage payable on subscribing: A notice of

sixty days on calls upon Stock to be given.

23. Every person subscribing for shares of the Capital Stock of the said Company, shall, at the time of such subscription, pay to the Treasurer or to such other person as may be appointed by the said Trustees, or by the Directors, to receive the same, the sum of five pounds currency per share on account of such subscription, without which payment such subscription shall not be valid; and subsequent calls upon the capital stock of the said Company may be made, from time to time, by the Directors for the time being; of which calls, sixty days' notice shall be given to the Stockholders, by an advertisement inserted three times in some newspaper published in the said City of Quebec : Proviso calls Provided always, that no such call upon the amount subscribed for shall be made within fifteen days of any previous call, nor exceed ten per centum on the whole capital, nor become payable in less than sixty days after notice thereof has been given; Proviso: when Provided also, that the said Directors shall not commence the the work may construction of the said Harbour, Wharves, Docks or Railway, until ten per centum upon the capital stock of the said Company shall have been paid in.

to be made

within fifteen
days apart,
&c.

be commenced.

Shareholders

calls upon

24. If any Stockholder shall neglect or refuse to pay any refusing any such call or calls as shall be lawfully made as aforesaid, upon any shares, such Stockholder so refusing or neglecting shall forfeit such shares, with any amount which shall have been previously paid thereon, and the said shares may be sold by the said Directors; and the sum arising therefrom, together with the amount previously paid in, shall be accounted for and

Stock, to forfeit calls previously paid.

applied

applied in like manner as other moneys of the said Company; Provided always, that the purchaser shall pay the said Com- Proviso: purpany the amount of the calls due thereon, in addition to the price chaser to pay the Company of the shares so purchased by him, immediately after the sale, the amount and before he shall be entitled to the certificate of the transfer of due them, in such shares so purchased as aforesaid; and shall hold the shares addition to the price of so purchased, subject to all future calls thereon; Provided also, the shares. that sixty days' notice of the sale of such forfeited shares shall be Sixty days' given, in the same manner as is hereinbefore provided for notice notice of the of calls, and that the instalments due and the costs incurred in forfeiture to be given. advertising the sale, may be received in redemption of any such forfeited shares, at any time before the day appointed for the sale thereof; And provided also, that nothing herein contained shall Proviso. prevent the said Company from proceeding against any defaulter before any Court of Justice having cognizance thereof, to compel the payment of any call or calls in arrear, if they should see fit to do so.

to borrow any

one time one

25. It shall be lawful for the said Corporation, from time The Company to time, to borrow either in this Province or elsewhere, from any to have power person or persons, or Company willing to lend the same, all such sum or sums sum or sums of money not exceeding in all, at any one time, one of money not half the paid up capital stock of the said Company, as they may exceeding at find expedient; and to make the bonds, debentures or other half the paid securities they shall grant for the sums so borrowed, pay- up Stock. able either in currency or in sterling, and in sums not less than one hundred pounds, with interest, and at such place or places within or without this Province, as they may deem advisable, and such bonds, debentures or other securities may be made payable to bearer, or transferable by simple endorsement, or otherwise, and such bonds or debentures shall, upon enregistration in the Registry office of the County wherein the said harbour and works are situate, constitute and be a mortgage and hypothèque, ranking according to the date of such enregistration, by special privilege, upon all the property, real and personal, of the said Company, including the revenues, rates, tolls, dues and duties thereof.

per

shares.

Votes by

decide.

26. At all meetings of the stockholders held in pursuance Proportion of of this Act, whether the same be annual or special, every Stock-votes to holder shall be entitled to as many votes as he shall have shares in the said stock, and such vote or votes may be given in son or by proxy; and all questions proposed or submitted for proxy. the consideration of the said meetings, shall be finally deter- Majority to mined by the majority of the votes of the stockholders present, in person or by proxy, except in any case or cases otherwise vided for by this Act; and provided also, that no person shall Proviso. be entitled to vote as proxy at any meeting, unless he shall be a Stockholder in the said Corporation, and produce written authority as such proxy.

pro

27. No Stockholder in the said Corporation shall be in any manner whatsoever, liable for or charged with the payment of any debt or demand due by the said Corporation beyond the amount remaining unpaid of his, her or their subscribed share or shares in the capital stock of the said Corporation.

28. If at any future period the said sum of one hundred thousand pounds shall be found insufficient for the purposes of this Act, it shall be lawful for the said company to increase their capital stock by a further sum not exceeding two hundred and fifty thousand pounds currency, subscribed either among themselves or by the admission of new Stockholders, such new stock being divided into shares of one hundred pounds each; Provided always, that such increase of stock be decided upon and ordered by a majority of the Stockholders in value in the said company, present in person or by proxy, at a meeting held for the purpose.

29. All words herein, importing the singular number, or the masculine gender only, shall extend to more than one person, party or thing, and to females as well as males; and the word "Stockholders" shall include the heirs, executors, administrators, curators, legatees or assigns of the said Stockholders, or any other party having the legal possession of any share whatever in his own name, or that of any other, unless the context shall be inconsistent with such construction; and whenever power is by this Act given to do any thing, power shall be intended also to do all things which may be necessary to the doing of such things; and generally, all words and clauses herein shall receive such liberal and fair construction as will best answer the carrying into effect of this Act, according to its true intent and spirit: the words, "By-laws," "vessels," "goods," and "dues," in the provisions of this Act, shall severally be construed to mean, and shall mean as follows: The word "By-laws" shall include and mean all By-laws, rules, orders and regulations made by the said Corporation; the words "vessel" or "vessels" shall mean and include all ships, vessels, boats, barges, steam-boats, scows, rafts and floating craft whatsoever; the word "goods" shall mean and include all merchandize, produce, animals, articles and things whatsoever landed from a vessel, or deposited on the wharves for the purpose of being shipped or otherwise; the word "dues" shall mean and include all rates, duties and dues whatsoever imposed under this Act.

30. Nothing herein contained shall affect or be construed to affect in any manner or way whatever, the rights of Her Majesty, Her Heirs and Successors, or of any person or persons, or of any bodies politic, corporate or collegiate, except such only as are herein specially mentioned and affected.

31. This Act shall be deemed a Public Act.

SCHEDULE.