CAP. XXII. An Act to prevent the introduction of Convicted Felons into this Province. (Passed the 28th day of March, A. D. 1850.) BE it enacted by the Lieutenant-Governor, Council and Assembly, as follows : to land a Felon in this Province. I. It shall not be lawful for any Master of a Vessel or other Person to knowingly No person allowed land upon the Shores of this Province, or otherwise to introduce or convey thereinto any Person who has been convicted of Felony in any other Country, unless such Convicted Felon has suffered the full punishment prescribed for his offence by the Laws of the Country or Place where he has been convicted, or unless he has been duly pardoned or otherwise lawfully discharged from the endurance of such punishment. recovered. II. Any person offending against the Provisions of this Act shall be subject to a Penalty and how Penalty of Ten Pounds for every such Offence, to be recovered as a Debt by any person who may Sue for the same, the proceeds to be applied one half to the person who shall Sue for the same, and the remaining half to the Overseers of the Poor, for the use of the Poor of the Towship or Place wherein such Petson shall be convicted. CAP. XXIII. An Act to Incorporate the Halifax Mechanics' Institute. (Passed the 28th day of March, A. D. 1850.) BE it enacted by the Lieutenant-Governor, Council and Assembly, as follows: Institute incorporated. 1. The following Persons, that is to say: Andrew McKinlay, Daniel McNeil Parker, Halifax Mechanics M. D., the Honorable Joseph Howe, George L. O'Brien, James Allen, M. D., John S. Thompson, James Forman, the younger, William Howe, Robert H. Wetmore, Thomas McCulloch, Joseph W. Quinan, Andrew Downs, James Thomson, Robert Noble and Alexander J. Ritchie, and all such other Persons as now are, or shall hereafter become Members of the Society, and their Successors, shall be a Body Politic and Corporate, by the name of the "Halifax Mechanics' Institute" and by that name shall have Succession and a Common Seal, and by that name may Sue and be Sued, and shall have power to hold, purchase, and take Real and Personal Estate, and to Sell, Let, Mortgage, Convey, or Invest the same, and do all other necessary things, in and about the same, and may make Bye Laws for the Rule and good Government of the Society, and from time to time, alter and amend the same, but the Bye Laws shall not be repugnant to the Laws of this Province. ciety, &c. 11. The object of the Society shall be the diffusion of Science and Literature among Object of the SoMechanics, Artizans, and others of the City of Halifax, by means of Public Lectures and otherwise, and the Museum, Books, Philosophical Apparatus, Funds, and other Property now belonging to the Society shall be vested in the Corporation for the uses thereof. III. The Society shall not at one time hold Real Estate of greater value than Five Thousand Pounds. IV. The Society shall be governed by a Committee of not less than Twelve Mem→ bers, comprising a President, and such other Officers as may be designated in the Bye laws £5000 Real Estate. Government of Society. Present Office hold- Rules now in force to be continued.. Commercial Wharf Company of Yarmouth incorporated. £5000 Real Estate. Management of Capital of Company laws of the Society, to be chosen at some General Meeting, by a majority of Members present thereat, according to the regulations now in force in the Society, or hereafter to be made, with respect to the Election of its Office Bearers. V. It shall not be necessary in consequence of this Act to re-appoint any of the persons now managing the Affairs of the Society as the Office Bearers thereof, but they shall continue to act until the expiration of the period for which they were appointed. VI. All the Bye-laws, Rules, and Regulations of the Society now in force, shall continue in force after the passing of this Act, until they shall have been set aside, altered or annulled, at some General Meeting of the Society called for that purpose. An CAP. XXIV. An Act to incorporate the Commercial Wharf Company of Yarmouth. BE it enacted by the (Passed the 28th day of March, A. D. 1850.) ve Wounded Assembly, as sembly, as follows: I. The following persons residing at Yarmouth, in this Province, namely: Elisha W. B. Moody, Reuben Clements, Benjamin Ellenwood, Jacob Utley, and such other Persons as shall become Proprietors of Shares in the Corporation hereby established, their Successors, and Assigns, are hereby constituted a Body Politic and Corporate by the name of the "Commercial Wharf Company of Yarmouth," and by that name shall have Succession and a Common Seal, and by that name may sue and be sued, and may take, purchase, and hold Real and Personal Estate, and may Let, Assign, or Convey the same in accordance with the Bye-Laws of the Company, and may make, alter, and repeal Bye-Laws for the government of the Company; but such Bye-Laws shall not be effectual in so far as they are contradictory or repugnant to the Laws of this Province, nor until they have been approved by the Governor in Council, nor until they have been registered in the Office of the Registrar of Deeds for the County of Yarmouth. II. The Company shall not hold at any one time Real Estate of greater value than Five Thousand Pounds. III. The Property and Business of the Company shall be under the management of a President, and such other Officers as may be directed by the Bye-Laws. IV. The Capital of the Company shall be limited to the sum of Five Thousand limited to £5000. Pounds, to be divided into Shares of Twenty-five Pounds each; and such Shares shall be Assignable and Transferable, in such manner as may be directed by the Bye Laws. V. Notwithstanding the Company may hold Real Estate, the Shares of the StockShares to be person- holders shall be deemed to be Personal Property for all purposes. al property. Real Estate may be tion as Personal Estate. VI. The Real Estate of the Company may be sold under Execution, in the same sold under Execu- manner as Personal Estate; and the Sheriff shall, immediately after the Sale, execute a Deed to the Purchaser, which shall convey all the Estate and Interest of the Corporation in the Real Estate so sold and conveyed. Company not to engage in Banking operations. Names of Members of Corporation to be registered. VII. It shall not be lawful for the Company to deal in the Lending of Money, by way of Discount, or otherwise, or engage in any Banking Operation, or to become Underwriters in any Marine, Fire, or Life Insurance. VIII. The Names of all the Members of the Corporation and the number of Shares Owned by them respectively, shall be registered in the Office of the Registrar of Deeds in the County of Yarmouth; and no Transfer of any Share in the Company shall be be effectual, until the Certificate thereof shall be Registered in the same Office, to the end that it may be publicly known who are the Persons composing the Corporation. IX. Nothing herein contained shall discharge the Persons herein before named, or any subsequent Shareholders, from any legal responsibility to which they may, as individuals or otherwise now be, or hereafter become subject; and every Proprietor, his Real and Personal Estate, shall be liable under Execution issued against the Corporation. Shareholders not discharged from liability. to be Shareholders. X. Every Person who shall have contributed and paid the sum of Twenty-five Contributors of £25 Pounds or upwards, towards the Undertaking hereby established, before the passing of this Act, shall be deemed a Shareholder in the Corporation; and each Shareholder having paid all calls on him made which shall at the time be due, shall be entitled to Vote at any Annual or Special Meeting of the Company, according to the number of Shares he may possess, namely: the owner of One Share shall have One Vote, the Regulation of Votes. owner of Three Shares, Two Votes, and the owner of Six or any greater number of Shares, Three Votes, and no more; and any Shareholder may give his votes by Proxy, duly constituted according to the Bye Laws; but the Person applying to vote under such Proxy must be a Shareholder and entitled to vote at the Meeting. XI. This Act shall not affect the Rights of Her Majesty, Her Heirs or Successors, nor of any Private Individual or Body Politic or Corporate. XII. This Act shall be in force for Twenty Years, and thence to the end of the then next Session of the General Assembly, Not to affect Her Majesty's rights. To continue 20 years. CAP. XXV. An Act to Incorporate the Kerosene Gas Light Company. (Passed the 28th day of March, A. D. 1850.) BE it enacted by the Lieutenant-Governor, Council and Assembly, as follows: Light Company incorporated. 1. Abraham Gesner, Enos Collins, Edward H. Lowe, John Burton, George E. Mor-, The Kerosene Gas ton, James C. Cogswell, John P. Mott, Lawrence E. Van Buskirk, John Silver, and such other persons as shall become Proprietors of Shares in the Corporation hereby established, their Successors and Assigns, are hereby created a Body Corporate, by the name of "The Kerosene Gast. Light Company," and by that name shall have succession, and may sue and sued, and have a Common Seal, and hold, take, lease and possess, Real Estate, in Fee Simple, Leasehold or otherwise, and also any Personal Property, and may sell, let, assign or convey the same or any part thereof, as may be thought necessary and proper for the benefit of the Company. II. The original Capital or Joint Stock of the Company shall be Forty Thousand Capital. Pounds, to be divided into Two Thousand Shares, of Twenty Pounds each. Officers. III. When the Company shall be formed, and all the Shares taken up, they may, by Appointment of a majority of votes at any Meeting, appoint a President, Directors, and Officers of the Company, and make Bye-laws, for prescribing the duties and powers of the President, Directors, and Officers of the Company, for limiting the number of Directors, for regulating the payment, transfer, registry and forfeiture of Shares, the times of Meeting of the Company, or of the Directors, the making of Dividends of Profits, and the keep- Their powers. ing of the Accounts, and generally for the good order, conduct and government of the Company, its affairs and business, as may be necessary, but no Bye-law of the Company shall be repugnant to this Act or to the Laws of the Province. 12 Company to supply inouth with Gas Light. IV. The Company when organized may supply the Inhabitants of the City of HaHalifax and Dart lifax and Town of Dartmouth with Gas Light, and for that purpose, at a proper and convenient distance below the surface of the Streets and Highways, may cause Pipes, Leaders, and Tubes to be laid and placed, as may be proper and necessary, and may place and erect, in convenient and fitting situations, Lamp Posts and Burners, and supports for the same, as may be necessary for the proper Lighting of such Streets or parts of Streets as may be lighted. Company may open Mode of laying down Regulation of Votes Voting regulated by Real Estate to be held as Personal. Payment of Shares. V. For the purposes aforesaid, after ten days notice given to the Commissioners of Streets, the Company may break open the Roads, Streets and Highways, in or near such City or Town, wherever it may be necessary to do so, and may keep such Road, Strect or Highway open for such reasonable time as may be necessary;-but the Company shall faithfully and carefully close up, repair, and make good such Roads, Streets or Highways, so opened, at their own costs and charges, or otherwise shall be liable to defray and make good all expenses to be incurred by the Commissioners of Streets, in closing up, repairing or making good, any Road, Street, or Highway so opened, which expense shall be recovered by the Commissioners of Streets against the Company as a private debt for work and labor. VI. All the Pipes and Conductors to be laid down by the Company for the conveyance of Gas, in or under any Street, Lane, or other Public Passage or Place within the City of Halifax, shall be laid wherever the width of the Street will allow thereof at the distance of four feet at the least from the nearest part of any Pipe or other Conduit already laid down or used for the conveyance of Gas or Water, in or under such Streets, Lanes, or other public places within or adjacent to the City, and running parallel with such Pipes to be newly laid down; and in cases where it shall be unavoidably necessary to lay the Pipes across any of the Gas or Water Pipes already laid down, they shall be laid over or under the Pipes already laid, at a convenient distance therefrom, and shall form therewith, as nearly as possible, a right angle: but the provisions of this Section may be dispensed with by agreement between the Company hereby established, and any other Company or Individual interested in the subject matter of the dispute. VII. At any General or Special Meeting of the Company every Proprietor or Shareholder having paid up all Calls on him made and then due and payable under the Byelaws, shall be entitled to vote according to the number of Shares which he may possess the owner of One Share being entitled to one vote, the owner of Four Shares to two votes, and the owner of Eight or more Shares to three votes, and no more, and may give such vote or votes by his Proxy, duly constituted according to the Bye-Laws, such Proxy being a Shareholder and entitled to vote; and whenever any Share is held by more than one person, that person only present at the meeting who stands first in the Registry, or is first named in the Stock Certificate, shall vote. VIII. The mode of voting by the Directors at any Meeting of the Board, shall be regulated by the Bye-Laws of the Company. IX. Notwithstanding any Real Estate which may be owned by the Company, the Shares in the Capital Stock and Funds shall be held to be personal property for all purposes. X. The Shares subscribed for, or held by any Shareholder shall be payable in such manner by such lustalments or Calls, at such times and on such Notices as by the Bye-Laws of the Company may be directed, and if such Calls or Instalments shall not be paid, the Company may Sue for and recover the amount thereof, by Suit against the Shareholder who shall make default; but the Calls of the Company shall not exceed Twenty-five per cent. on the Capital Stock during the first Twelve Months after this Act shall go into operation. XI dually liable. XI. Nothing herein contained shall be construed to extend to discharge the Com- Shareholders indivipany or any of the present or future Shareholders therein from any responsibility, contract, duty or obligation whatever to which Bye-Law they now are, or at any time hereafter may be, or would have been subject or liable had this Act not been passed, as between such Company, and any other party, and the Shareholders in the Company, their Lands, Goods, and Chattels, shall be liable under any Execution that may be issued against the Company, in the same manner, and to the same extent as if this Act had not been passed; but if the Directors shall incur any responsibility for any Sum of Money beyond the amount of the Shares subscribed for, without the Sanction of the Company first had and obtained at some General or Special Meeting thereof, called and summoned, agreeably to the Bye Laws of the Company, the Directors shall themselves be held personally liable for the Amount so by them incurred. pany and restric, tions. XII. The Company shall not hold at any one time Real Estate beyond the value of Real Estate of ComTen Thousand Pounds, nor shall they Lend Money by way of Discount, nor engage in any Banking Operation, nor as Underwriters effect any Insurance. CAP. XXVI. An Act for Regulating the Anchorage of Vessels in the (Passed the 28th day of March, A. D. 1850.) BE it enacted by the Lieutenant-Governor, Council and Assembly, as follows: anchored. 1. No Vessel shall be Anchored or Moored in that part of the Harbor of Halifax to Where Vessels to be the southward of Collins' Wharf, within a space to commence Fifty Fathoms from the eastern extremity of the Line of Wharves on the western side of the Harbor; thence to extend One Hundred and Fifty Fathoms eastwardly, towards the centre thereof; and to the north of Collins' Wharf no Vessel shall lie, or be anchored or moored, so as to be at any time nearer to the Western side of the Harbor than One Hundred and Fifty Fathoms, to be measured from the Eastern Extremity of the nearest Wharf to where such Vessel shall lie, be anchored, or moored; and if the Master of any Vessel either place it or suffer it to remain within the prescribed limits, he shall be liable to a Penalty of Two Pounds, and a further sum of Ten Shillings for every Hour that such Vessel Penalty. shall remain within the limits aforesaid, after a reasonable time for removing the same has expired, notice in the latter case being previously given by the Proprietors of any Steamer, their Agents or Servants in that behalf; but nothing herein contained shall extend to any Vessel entering into, or going out of, or lying in or at any Dock, Wharf, or Pier within the Harbor, or dropping anchor within the prescribed limits, to accomplish any of these objects. bited. II. If any Vessel shall necessarily, from stress of weather or otherwise, drop anchor Light to be exhi within the prescribed limits, and be obliged to remain there during the night, a sufficient Light shall be exhibited at the Mast Head or some conspicuous place, under a Penalty of Forty Shillings upon the Master. III. No Steamer, other than Vessels of War, entering or leaving the Harbor of Halifax, all proceed at more than Half Speed while inside of George's Island, under a Penalty Ten Pounds, to be paid by the Master, Owner, or Agent, at the option of the party suing, Steamers to proceed at half speed inside George's Island. IV. Penalties imposed by this Act may be recovered by Suit before a Justice of the Penalties how recoPeace for the County of Halifax, in a summary way, in the name of any Person, or verable. Body |