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Money, how drawn.

Public Funds pledged.

Accounts.

Balance to be paid.

Letters Patent may

be given to J. Robson.

Company incorporated.

Banks in the City of Halifax, and may borrow and receive from such Banks such sum of Money as may be necessary for the use of the Province, in such sums and amounts, as from time to time may be required, and under such conditions, and upon such terms, agreements, and stipulations for the payment and re-payment of such Monies, and for the working of such accounts, as by the Governor in Council may be established, prescribed and directed, with the consent of the Directors of the Bank; or otherwise to borrow and receive from any other Persons, Corporations or Companies, a sum not exceeding Ten Thousand Pounds, at the lowest interest at which such Loan can be effected.

II. The Money may be drawn for, and received from time to time, in such sums, and under such restrictions and regulations as may be prescribed by the Governor in Council, with the consent of the Lender thereof.

III. For the re-payment of all Monies borrowed under this Act, and for the final payment and discharge of the Balance which shall be remaining due and unpaid on the final closing of the Accounts with such Lenders, with Interest, the Public Funds, Monies, and Credits of this Province, are hereby pledged and rendered liable.

IV. An Account of all sums borrowed or repaid under this Act, with the respective dates of the Loans and re-payments respectively, shall be laid before the Joint Committee of the Legislature appointed to examine the Public Accounts, together with all Warrants, Drafts, and Vouchers relating to the same, at the next Session.

V. The balance due for such Loans on the Thirty-first day of December, in the year of our Lord One Thousand Eight Hundred and Fifty, shall be paid off and discharged on or before the Thirty-first day of March then next.

CAP. XLVIII.

An Act to enable Thomas Robson to obtain Letters
Patent for the Invention of a Fog Bell.

(Passed the 28th day of March, A. D. 1850.)

BE it enacted, by the Lieutenant-Governor, Council and Assembly, as follows:
I. It shall be lawful for Thomas Robson, of Sackville, in the Province of New Bruns-
wick, upon his having complied with the Provisions of the Acts heretofore made for
granting Patents for useful Inventions, to obtain Letters Patent for his Invention of a
Fog Bell, notwithstanding his residing out of this Province, the same in every respect
as if he had been an Inhabitant thereof, and had resided therein for one year previous
to such application being made; and after such Letters Patent are obtained he shall
be entitled to all the rights and privileges by such Acts conferred.

CAP. XLIX.

An Act to Incorporate a Temperance Hall Company at
Sydney, Cape Breton.

(Passed the 28th day of March, A. D. 1850.)

BE it enacted by the Lieutenant-Governor, Council, and Assembly, as follows:

I. The following persons residing in the County of Cape Breton, that is to say: Henry V. Bown, Alfred F. Haliburton, William Turnbull, George E. Burchell, John G. McKenzie, James P. Ward, Edward Liscomb, Donald N. McQueen, Samuel

Richardson,

Richardson, and such other persons as shall become Proprietors of Shares in the Company hereby established, and their respective Successors, Executors, Administrators, and Assigns, are hereby created a Body Corporate, by the name of "The Sydney Temperance Hall Company," and by that name shall have perpetual succession and a Common Seal, and may sue and be sued.

Real and Personal
Estate.

II. The Company may take and hold Real and Personal Estate, and may sell, lease, Company may hold mortgage, or otherwise deal with the same, subject to the restrictions hereinafter provided, and may, at any General Meeting, make Bye-Laws and alter or amend the same, which, when not repugnant to the Laws of the Province, shall have force and effect.

pany.

III. The Capital of the Company shall be divided into shares of One Pound each, Capital of the Comwhich shall be assignable as may be provided by the Bye-Laws, and which, notwithstanding the Company may hold Real Estate, shall be deemed to be Personal Property.

for Subscriptions.

IV. The Subscribers shall pay the amounts subscribed by them towards the under- Company may sue taking at the times and places directed by the Bye-Laws, and if any person shall not pay the same as so directed, the Company may sue therefor, but the Company shall not compel any Shareholder to pay more than the amount of his Shares and costs of Suit.

Shareholders.

V. The Joint Stock or Property of the Company shall be alone liable for its debts Responsibility of and engagements, and no Shareholder shall be in any way responsible for more than the amount of the Shares which he shall actually hold in the Company.

taken under Execution.

Company.

VI. The Real Estate of the Company may be taken upon any Writ of Execution Real Estate may be issued on a Judgment entered against the Company, and may be sold and conveyed by the Sheriff, in the same manner as in the case of the Lands of private persons. VII. The General Annual Meeting of the Company shall be held at the Town of Syd- Meetings of the ney on the First Monday of March in every year after the present year, the place and hour of Meeting to be notified to the Company by public notice posted in at least three public places in or near the Town of Sydney for at least ten days previous to the Meeting, by the Directors, who shall also Summon Special Meetings when they deem necessary, or, whenever there shall be delivered to the Board a Requisition therefor in writing, signed by twenty Shareholders, and specifying the object of the Meeting, and notices specifying the object of the Meeting, and the time and place of Meeting, shall be published as herein before directed in the case of a General Meeting.

holders at Meetings.

VIII. At any Meeting of the Company every Shareholder who has paid all calls on Votes of Sharehim made, then due and payable, shall be entitled to vote either in person or by proxy, in manner as may be directed by the Bye-Laws as follows: the owner of one Share shall have one vote, the owner of four Shares shall have two votes, and the owner of eight or more Shares shall have three votes."

IX. At the Meetings of the Directors each Director shall have one vote only, and Votes of Directors. every question shall be decided by a majority of the votes of those present, and if the votes shall be equal, the President, or in his absence the Chairman of the Board, shall have a casting vote in addition to his own personal vote.

of Company, Appointment of Offcers at, &c.

X. As soon after the passing of this Act as may be deemed expedient the persons First Gen. Meeting herein named, or any three of them, shall, by advertisement posted for ten days previously in at least three public places in or near the Town of Sydney, appoint a day and place for the First General Meeting of the Subscribers, and at such Meeting a Chairman being chosen from among the Subscribers present, with a Secretary, the Company shall be organized and go into operation, and shall elect Seven Directors, who shall choose one of their number by ballot, as President, and who shall also appoint a Secretary, which Officers shall continue in Office until the First Annual General Meeting, and thence until a new choice of Officers be made by the Company but no

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Election of Directors.

No one contracting with Company to be a Director.

Vacancy in Directorship, how to be filled.

Directors to continue in Office.

Company authorised to sell further Shares.

Mortgage and Sale]

of Property of Corporation.

Restrictions.

person shall at any time be eligible to hold Office in the Company unless he be a Member of some Temperance Society in the County of Cape-Breton.

XI. At each Annual Meeting Seven Directors shall be chosen by ballot, in the following manner, namely: Three of the Seven who have served during the past year, if willing to serve again, shall be first elected, and the remainder shall then be elected from among the Shareholders indiscriminately.

XII. No person interested in any Contract under the Company shall be elected a Director, and no Director shall take a Contract under the Company.

XIII. If any Director shall die, resign, or become disqualified or incompetent, the remaining Directors shall, from among the Shareholders, elect another Director in his stead.

XIV. If in any case the Annual Meeting shall not be held, the Directors shall continue to act until new Directors are appointed.

XV. The Company may sell additional Shares, from time to time, as may be necessary, and the purchasers thereof shall be entitled to all the privileges of Shareholders.

XVI. The Directors may, with the assent of two-thirds of the Shareholders to be given in writing at any General or Special Meeting regularly convened, and not otherwise, borrow on Mortgage of the Real Estate of the Company, such sums as may be necessary for the uses thereof, or absolutely sell and convey the same if deemed expedient, and execute the Deeds necessary for such purposes.

XVII. The Company shall not hold at any one time Real Estate beyond the value of Three Thousand Pounds, nor lend Money by way of Discount or otherwise, nor engage in any Banking operation, nor effect any Marine, Life, or Fire Insurance.

The Truro and
Pictou Electric

CAP. L.

An Act for the Incorporation of a Company to build a
Line of Electric Telegraph from Truro to Pictou.
(Passed the 28th day of March, A. D. 1850.)

BE it enacted by the Lieutenant-Governor, Council, and Assembly, as follows :

I. The Honorable George R. Young, the Honorable David Crichton, Frederick N. Telegraph ComGisborne, John Yorston, and James D. B. Fraser, and all other persons who shall pany incorporated. become Proprietors of Shares in the Corporation hereby established; and their Successors and Assigns are hereby created a Body Corporate, by the name of the "Truro and Pictou Electric Telegraph Company," and by that name may have a Common Seal, and sue and be sued, and may hold Lands and Goods, and sell, let, assign, and convey the same, or any part thereof; but they shall not hold Real Estate of greater value than the sum of Two Thousand Pounds at any one time.

Capital of Company.

Appointment of
Officers, Bye-

Laws, &c.

11. The Capital or Joint Stock of the Company shall be the sum of One Thousand Five Hundred Pounds, to be divided into Three Hundred Shares of Five Pounds each, and the Parties herein named may open a Book for the subscription for Shares in the Company.

III. When the Company shall be formed, and one half of the Shares taken up, the Company may, by a majority of Votes, appoint the Managers and Officers of the Company, and frame a set of Bye Laws for regulating the affairs and management thereof; but no Bye Law shall be repugnant to this Act, or any Law or Statute of this Province.

IV.

IV. The Company may build a Line of Telegraph beginning at or near the Station Line of Telegraph. House at Truro, and running through the Counties of Colchester and Pictou, till it reaches the Town of Pictou.

held as Personal Property.

V. Notwithstanding any Real Estate which the Company may hold at any time, Real Estate to be the Shares and Interests of the several Shareholders in the Capital and Stock shall be held to be Personal Property to all intents whatsoever.

Banking operations, &c.

VI. Nothing herein contained shall be construed to give the Company the privilege Not to engage in of dealing in the lending of Money by way of Discount, or otherwise in engaging in any Banking operation, or to Underwrite, or make as Underwriters, any Insurance. VII. The Company may sue for and recover any Shares or Instalments not paid in Company may sue conformity with the Bye Laws, by Suit against any Shareholder who shall make default in the payment of any Call or Instalment.

for Shares or Instalments.

Shareholders.

VIII. Nothing herein contained shall discharge the Company, or any of the present Responsibility of or future Shareholders therein, from any responsibility, contract, duty, or obligation whatsoever, to which by 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. If Directors of Comthe Directors of the Company shall, by any Contract or Engagement, 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 of the Company, to be called agreeably to the Bye-Laws of the Company, the Directors of the Company shall themselves be held and deemed personally liable for the amount so by them incurred.

IX. The Governor shall have at all reasonable and proper times, and in preference to all others, the right of using the Line of Telegraph and Branches, for the transmission of information and messages relating to the public service, whether Imperial or Provincial, and the rates of charge therefor shall not in any case exceed the ordinary rates of charge made to private individuals: Provided that such information and messages are strictly and solely of a public nature.

pany when unavoidably responsible.

Governor to have preference on the Line of Telegraph for transmission of Public Messages.

Telegraph, where to be set-to enter into Lands of private individuals, and where necessary, &c., to erection of Station Houses, &c.

X. For the purposes aforesaid, the Company, by their Deputies, Servants, or Agents, Erection of Line of may set and erect such Line of Electric Telegraph along the side line of any of the Public Highways, provided the same do not interfere with the free use and the right of travelling thereon, and also may enter into and upon the lands of any persons or Bodies Corporate, and may survey, set off, and ascertain such part thereof as they shall think necessary for making the Line of Electric Telegraph and Branches, and also all such other Works, Buildings, and Conveniences as they may think necessary for making or repairing the Line and Branches, and may also dig, take, and carry, or build and lay with all necessary materials which may be found thereon, Posts, Buildings, and other Erections necessary for such Line and Branches, and from time to time may alter, repair, or rebuild the same, and do all other things which they shall think necessary, for the making, extending, and easy using of such intended Telegraph and Branches and other Works, according to the true intent and meaning of this Act, doing as little damage as may be in the execution of the several powers to them hereby granted, and making satisfaction, in the manner hereinafter mentioned, to the Proprietors of or the Persons interested in the Lands, Tenements, or Hereditaments respectively, which shall be taken, used or prejudiced, or for all damages by them sustained in the execution of all or any of the powers of this Act; and this Act shall be sufficient to indemnify the Company and their Servants, Agents or Workmen, for what they or any of them shall do, by virtue of the powers hereby granted, subject nevertheless to such provisions and restrictions as are hereinafter mentioned,

Sales of Land to
Company.

Lease of Lands,

amount of Rates, &c.

Compensation to Owners of Land by Agreement, Arbitration, Application to Justices of Supreme Court, &c.

XI. After any Lands shall be set out and ascertained in manner aforesaid, for making and completing the Line of Telegraph or Branches, and other Works, and other the purposes and conveniences herein before mentioned, it shall be lawful for all persons seized of, or interested in, any Lands which shall be so set out and ascertained, or any part thereof, to sell and convey unto the Company, their Successors and Assigns, all or any part of such Lands which shall from time to time be set out and ascertained as aforesaid; and all Agreements, Sales, Conveyances and Assurances so to be made, shall be valid to all intents whatsoever; and all Bodies Politic or Corporate, and all Persons whosoever so conveying are hereby indemnified for what they or any of them shall respectively do by virtue of or in pursuance of this Act; and all such Agreements, Sales, Conveyances and Assurances shall, at the expense of the Company and their Successors, be deposited and registered in the Office of Registrar of Deeds for the County respectively in which such Lands lie, and true Copies thereof duly certified by the Registrar, shall be allowed to be good evidence in all Courts whatsoever.

XII. Any Body Politic or Corporation, or other persons whosoever, who cannot in Common Cause of Law sell or alienate any Lands so set out and ascertained, shall agree upon a fixed Annual Rent, as an equivalent, and not upon a principal sum to be paid for the Lands se set out and ascertained as necessary for making the Line of Telegraph and Branches, and other the purposes and conveniences relative thereto and connected therewith; and in case the amount of such Rent shall not be fixed by voluntary agreement or compromise, or by arbitration between the Parties, it shall be fixed by a Jury, convened and qualified in the manner hereinafter prescribed; and all proceedings and litigations in Courts shall, in that case, be regulated as is hereinafter prescribed, and for the payment of the Annual Rent, and every other Annual Rent agreed upon or ascertained, for the purchase of any Land or Ground, the Line of Telegraph and Branches, and the Charges to be levied and collected therefrom, shall be liable and chargeable in preference to all other claims or demands thereon whatso

ever.

XIII. The Company may apply to the several Owners of the Estates through which such Line of Telegraph and Branches are intended to be carried, and agree with the Owners touching the compensation to be paid to them for the purchase thereof, and for their respective damages; and in case of disagreement between the Company and the Owners, then all questions which shall arise between the Company and the Proprietors of, and persons interested in, any Estates or Lands that shall be taken or prejudiced by the execution of any of the powers hereby granted, or any indemnification for damages which may be at any time sustained by any Bodies Politic or Corporate, or any other persons being owners of or interested in any Estate or Lands, for or by reason of the making, repairing, or maintaining the Telegraph, or other works incidental or relative thereto or connected therewith, shall be settled by agreement of the Parties, or by Arbitration; or if either of the Parties shall not be inclined to make an agreement, or to appoint Arbitrators, or by reason of absence shall be prevented from treating, or through disability by nonage, coverture, or other impediment, cannot treat or make such agreement, or enter into such Arbitration, or shall not produce a clear Title to the Premises in which they claim an interest, then the Company may make an application to the Supreme Court, or to any Judge thereof, stating the grounds of such application; and such Court or Judge shall upon such application, issue a Warrant directed to the Sheriff of the County, commanding him to summon and return a Petit Jury, to appear before the Court, at such time and place as in the Warrant shall be appointed; and all Parties concerned may have the lawful challenge against any of the Jurymen, but shall not challenge the array, and the Court may summon and call. before them all such persons as it shall be thought necessary to examine as Witnesses,. touching the matter in question, and may order the Jury, or any six or more of them,

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