agreement,

residence, and also by a general notice to be published in a news-, paper published in the County of Essex, and in the City of Detroit once a week for two successive weeks. At such meetings of stock- Voting on holders, such agreement shall be considered and a vote by ballot taken for the adoption or rejection of the same, each share entitling the holder thereof to one vote, and the said ballots to be cast in person or by proxy: and if two thirds of the votes of all the stockholders of such corporations shall be for the adoption of such agreement, then that fact shall be certified upon each of the said duplicates by the Secretary of each of such corporations under the corporate seals thereof; and if the said agreement shall Official filing be so adopted at the respective meetings of the stockholders of of agreement each of the said corporations, one of the duplicates of the agreement so adopted and of the said certificates thereon shall be filed in the office of the Secretary of State of the Dominion of Canada, and the other in the office of the Secretary of State of the State of Michigan; and the said agreement shall from thence be taken and deemed to be the agreement and act of consolidation and amalgamation of the Company and of such other corporation, and a copy of such agreement so filed and of the certificates thereon, properly certified, shall be evidence of the existence of such new corporation.

if adopted.

corporation.

26. Upon the making and perfecting of the said agreement and Powers of act of consolidation, as provided in the next preceding section and consolidated the filing of the said agreement as in the said section provided, the several corporations, parties thereto, shall be deemed and taken to be consolidated, and to form one corporation by the name in the said agreement provided, with a common seal; and shall possess all the rights, powers, privileges and franchises, and be subject to all the disabilities and duties of each of such corporations so consolited and united, except as herein otherwise provided.

porations

tion.

creditors

27. Upon the consummation of such act of consolidation as All property aforesaid all and singular the property, real, personal and mixed of several corand all rights and interest appurtenant thereto, all stock sub- transferred to scriptions and other debts due on whatever account and other new corporathings in action belonging to such corporations or either of them shall be taken and deemed to be tranferred to and vested in such new corporation without further act or deed: Provided however that Proviso: all rights of creditors and liens upon the property of either of such rights of corporations shall be unimpaired by such consolidation, and all saved. debts, liabilities and duties of either of the said corporations shall thenceforth attach to the new corporation, and be enforced against it to the same extent as if the said debts, liabilities and duties had been incurred or contracted by it; and provided also that no action or proceeding legal or equitable by or against the said corporations so consolidated or either of them shall abate or be affected by such consolidation, but for all the purposes of such action or proceeding, such corporation may be deemed still to exist, or the new corporation may be substituted in such action or proceeding in the place thereof.

New corpora

tiate loans on mortgage.

necessary

28. The said new corporation shall have power from time to tion may nego time to borrow such sums of money as may be for constructing and completing the works hereby authorized, and for the acquiring of the necessary real estate for the site thereof and the approaches thereto, and to mortgage its corporate property and franchises to secure the payment thereof; but the principal of the mortgage debt of such corporation shall not at any time exceed the sum of one million six hundred thousand dollars.

What rates of tolls or com

29. The Company hereby incorporated or the said new corpopensation may ration or any railway or railroad company or companies, being be charged for lessees of the said railway bridge, shall have the right to charge use of bridge. such compensation for the use of the said bridge by railway or rail

Provision if toils are not sufficient to

guaranteed.

road companies, whose business shall pass and be forwarded over the said bridge, as shall be found by experience requisite to yield an amount which would be sufficient to pay the expense of keeping in repair, maintaining and managing the works hereby authorized to be constructed, the interest upon the money borrowed for the construction thereof and dividends not exceeding ten per centum per annum upon the capital stock, and an additional sum which would be sufficient to furnish a sinking fund each year, not to exceed five per cent of the amount of the bonded debt; and deficiencies in the amount of tolls in any one year may be charged for and collected in any subsequent year.

30. If the toll: collected shall not in any year have paid the amount which the railway companies shall have guaranteed, and mestamount the railway companies shall have had to pay the deficiency, such deficiency shall be a debt due by the Bridge Company, (or the nev corporation in case of amalgamation or consolidation) to the rail way companies,-to be discharged thereafter with interest; or the said railway companies and the said Bridge Company, or the new corporation as aforesaid, may agree for the discharge of the said debt by the creation and issue of capital stock at such rates of prices as may be agreed on.

Vote.

Proxies.

Time for construction limited.

Conditions to be complied with before

3. At all meetings of the stockholders of the Company hereby incorporated, each stockholder shall be entitled to cast one vote for each share of stock held by him, and to vote either in person or by proxy; and the Directors of the said Company may also, at any meeting of the Board, vote by proxy,-such proxy to be held by another Director: Provided that no more than two proxies shall be held by one Director of the other Directors; and not less than four Directors shall be present in person at any meeting of the Board of Directors for the transaction of business.

32. One hundred thousand dollars shall be paid in within two years, and the said railway bridge shall be commenced within three years and completed within seven years from the coming into force of this Act.

33. This Act shall have no force or effect until duly certified copies of any Act passed by the Legislature of the State of Michi

gan,

force.

gan, incorporating any company for objects similar to those con- this Act shall templated by this Act, and of any Act of Congress of the United come into States conferring necessary powers in respect of the same are filed in the Department of the Secretary of State of Canada,-upon which the Governor in Council may, by proclamation, order that from and after a day to be mentioned therein this Act shall be of full force and effect, and this Act shall accordingly thenceforth have full force and effect.

Company may

34. The Company hereby incorporated, and the said new corpo construct foot ration shall have power to and may construct as part of or in con- bridge. nection with the said railway bridge and other works, a passage floor or way for horses,carriages and foot passengers; and may construct the same either during the construction of the said railway bridge or at any time after the completion thereof; and, in the event of their electing to construct the same, may make, amend, repeal, re-enact and enforce all such by-laws, rules and regulations as shall seem to them proper and necessary, as to the management, control and use thereof, and as to the tolls and fares to be received and charged for passing over the same, subject to the provisions of the eighteenth section of this Act.

35. This Act may be cited as Bridge Act, 1873."

"The Canada and Detroit River Short title

CHAP. 91.

An Act to amend the Act of the present Session, intituled "An Act to incorporate the Canada and Detroit River Bridge Company?

[Assented to 23rd May, 1873.]

C. 90.

Namendment of the Act passed in the present session of the Preamble. Parliament of Canada. intituled "An Act to incorporate the

'Canada ani Detroit River Bridge Company," Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. The thirty-third section of the said act, which is in the S. 33 of the following words, that is to say:

33. This Act shall have no force or effect until duly certified copies of any Act passed by the Legislature of the State of Michigan, incorporating any company for objects similar to "those contemplated by this Act, and of any Act of Congress of "the United States conferring necessary powers in respect of the same are filed in the Department of the Secretary of State of Canada; upon which the Governor in Council may, by procla"mation, order that from and after a day to be mentioned therein this Act shall be of full force and effect; and this Act shall "accordingly thenceforth have full force and effect,"

་་

is hereby repealed, and shall be null and of no effect.

231

CHAP.

said Act recited and

Repealed.

Preamble.

CHAP. 92,

An Act to amend the Act incorporating the River St. Clair
Railway Bridge and Tunnel Company.

[Assented to 23rd May, 1873.]

THEREAS Milton Courtright and other Provisional Directors of the River St. Clair Railway Bridge and Tunnel Company have petitioned for the repeal of the thirtieth section of the Act passed in the thirty-fifth year of Her Majesty's reign, chap35 V., c. 87. tered eighty-seven, intituled "An Act to incorporate the River St. Clair Railway Bridge and Tunnel Company," and for other amendments to the said Act; and it is expedient to grant the prayer of the said petition: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

S. 30, of 35

pealed.

of

1. Section thirty of the Act passed in the thirty-fifth year V., c. 87, re- Her Majesty's reign, chaptered eighty-seven, intituled "An Act to incorporate the River St. Clair Railway Bridge and Tunnel Company," is hereby repealed.

Time extended for construction.

Increase of capital.

Increase of borrowing power.

Power to

&c.

2. Section twenty-nine of the said Act is hereby amended by extending the time for commencing the works of the said Company to two years, and for completing the same to six years. respectively, from the passing of this Act.

3. If the amount of the capital stock of the Company, including the increase thereof authorized by the ninth section of the said Act, be found insufficient for the purposes of the Company, a further increase may be made under the provisions of " The Railway Act, 1868."

4. If the amount which the Company is authorized to borrow under the fourteenth section of the said Act be found insufficient. a further issue of bonds may be made, under the provisions of "The Railway Act, 1868."

5. The Company shall have full power and authority to pur acquire land, chase, acquire, take and hold all such lands, lands covered with water, beaches and other property, as may be necessary for the purpose of constructing the said bridge or tunnel, and working the trains in connection therewith, or for the convenient using of the same; and also for the construction and using of such branch railway, not exceeding four miles in length, as may be necessary to make connections or to approach the said bridge or tunnel; and to use any of the public highways for the purpose of constructing and working the same or any of them, with the consent of the municipal council having jurisdiction over such highway.

Highways.

struct foot

G. If the Company build a railway bridge instead of a tunnel; Company they shall have power to construct as part of or in connection may conwith the same, a passage floor or way for horses, carriages and bridge. foot passengers; and they may make the same either during the construction of the said railway bridge or at any time after the completion thereof; and in the event of their electing to construct such foot-bridge, they may make, amend, repeal, re-enact and enforce all such by-laws, rules and regulations as shall seem to them proper and necessary, as to the management, control and use thereof, and as to the tolls and fares to be received and charged for passing over the same.

CHAP. 93.

An Act to amend the Acts incorporating the Queenston
Suspension Bridge Company.

[Assented to 23rd May, 1873.]

WHEREAS the Queenston Suspension Bridge Company con- Preamble. jointly with the Lewiston Suspension Bridge Company constructed a suspension bridge across the Niagara River, uniting the Village of Queenston with the Village of Lewiston on the American side; and whereas the said bridge was, in the month of January, one thousand eight hundred and sixty-four, seriously injured by a gale of wind, and has ever since remained unfit for public use; and, whereas the shareholders of the said Companies have agreed to reorganize and build an entirely new bridge on the old site upon a larger and more permanent basis; and whereas, in consequence of the destruction of the said bridge and in view of equalizing the value of the old stock shares with the new capital stock necessary to construct the new bridge, the shareholders, at a special meeting called for that purpose and held at Queenston on the thirty-first day of July, one thousand, eight hundred and seventy-two, unanimously passed a resolution agreeing to relinquish their capital stock shares, and to accept new paid up stock shares to be issued under the reorganization at the rate of fifty cents on the dollar paid upon the said shares,-which reduction has been ascertained by competent engineers to be equivalent to the value of the lands, materials and properties belonging to the old Bridge Company; and whereas, in pursuance of such resolution, the President and Directors of the said Company have, by their petition, prayed that such reduction shall be made as aforesaid: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

of conversion

1. For and notwithstanding anything mentioned in the Act passed Mode and rate in the twelfth year of Her Majesty's reign, and intituled "An Act of old stock

to