KINGSTON MARINE RAILWAY ACT.
Whereas, John Counter, John Strange, John Watkins, Alexander McNabb, Henry Gildersleeve, John McIntyre and others, have, by petition, set forth that they have, at a great expense, erected a Marine Railway at the Town of Kingston, for the purpose of repairing Steam Boats and other Vessels; and have made other erections - and are anxious to be incorporated, for the purpose of enabling them to carry on the business more extensively - and that it would be of great advantage to the Town of Kingston, and would afford employment to a great number of persons: And Whereas, it is expedient to incorporate the said petitioners for the purposes hereinafter mentioned: Be it, etc., That the said John Counter, John Strange, John Watkins, Alexander McNabb, Henry Gildersleeve, John McIntyre, together with all such other persons as now are or shall become Stockholders in such joint Stock or Capital, as is hereinafter mentioned, shall be and are hereby ordained, authorised and declared to be a body corporate and politic in fact, and by and under the name and style of "THE KINGSTON MARINE RAILWAY COMPANY."
2. And be it, etc., That the said Company may be authorized and empowered at their own costs and charges to construct a Harbor and Wharf and Wharves, with a Dry Dock or Railway, regulated for refitting and repairing all shipping at Kingston aforesaid; which said Wharf or Wharves, Harbor and Dry Dock or Railway, shall be accessible to and fit safe and commodious for the reception of such description and burthen of Sail or Steam vessels as now navigate Lake Ontario: and also to erect and build all such necessary and needful moles, piers, wharves, breakwaters, or other erections or constructions whatsoever, as shall be useful and proper for the purposes aforesaid, and the protection of the harbor, wharf or wharves, docks or railways, and for the accommodation and convenience of Vessels entering, lying, loading and unloading, repairing, refitting or lying up in the same, and to alter, amend, repair and enlarge the said Harbor, Wharf or Wharves, and Docks or Railway as aforesaid as may, from time to time be found necessary and expedient.
3. And be it, etc., That the directors of the said Company may be empowered to contract, compound, compromise and agree with the owners or occupiers of any lands or private easements, rights or privileges upon which they may determine to dredge, cut and construct the said Harbor with all necessary and convenient roads, streets and approaches thereto, to be made and constructed either by purchase of so much of the said land or private easements and privileges, as they shall require for the purposes of the said Company, or for the damages which they shall and may be entitled to receive of the said Co. in consequence of the said intended harbor, roads, streets and approaches thereto being cut, made and constructed on their respective lands, and in case of any disagreement between the said Directors and owners or occupiers aforesaid, it shall and may be lawful from time to time, as often as the said Directors shall think fit, for each owner or occupier so disagreeing with the said Directors either upon the value of the lands and tenements, or private privileges proposed to be purchased, or upon the amount of damages to be paid to them as aforesaid, to nominate and appoint one or more indifferent person or persons, and for the said Directors to nominate an equal number of indifferent persons, who, together with one other person to be elected by ballot by the persons so named, shall be arbitrators to award, determine, adjudge and order the respective sums of money which the said Company shall pay to the respective persons entitled to receive the same, the award of the majority of whom shall be final; and the said arbitrators shall, and they are hereby required to attend at some convenient place in the vicinity of the said intended Railway to be appointed by the said Directors, after eight days notice given them for that purpose by the said Director, then and there to arbitrate, award, adjudge, and determine such matters and things as shall be submitted to their consideration by the parties interested, and that each arbitrator shall be sworn before some one of Her Majesty's Justices of the Peace in and for the said District, any of whom may be required to attend the said meeting for that purpose, well and truly to assess the damages between the parties, according to the best of his judgement. Provided always, that any award made under this Act shall be subject to be set aside on application to the Court of King's Bench, in the same manner and on the same grounds as in ordinary cases of submission by the parties, in case a reference may be again made to arbitration as hereinbefore provided.
4. And be it, etc., That it shall and may be lawful for the President and Directors of the said Company, from time to time to regulate, fix and establish the rates of wharfage, tolls, dues or duties, payable by persons navigating or owning rafts, vessels, boats or other crafts on Lake Ontario, and which may from time to time partake of the benefits and advantages of the said harbor, wharves, docks or Railway, or of the store-houses or other protections and erections for the safe-keeping, repairing and refitting of all vessels, boats, crafts and rafts of any description, and of goods, wares and merchandise, shipped or unloaded within the limits established by this Act, and to alter the said tolls, dues, duties and demands aforesaid, as they may deem proper and expedient, and also for regulating the discharging of ballast as well in the said harbor as in the river immediately adjacent thereto, a copy of which tolls, rates and dues, shall be affixed up in not less than three public places adjacent to the said Harbor, and Docks and Railway respectively.
5. And be it, etc., That the said harbor, moles, piers, wharves and wet dock, and dry dock or railway, and all materials which shall be from time to time got or provided for constructing, building, maintaining or repairing the same, and the said tolls on goods, wares or merchandize as hereinbefore mentioned, shall be and the same are hereby vested in the said Company and their successors forever.
6. And be it, etc., That if any person shall neglect or refuse to pay the tolls or dues to be collected under this Act, it shall and may be lawful for the said Company or their Officer, Clerk or Servant duly appointed to seize or detain the goods, vessels, or boats, on which the same shall be due and payable, until such tolls shall be paid, and if the same shall remain unpaid for the space of thirty days next after such seizure, the said Company or their Officer, Clerk or Servant as aforesaid, may sell or dispose of the said goods, vessels or boats, or such part thereof as may be necessary to pay the said tolls or dues by public auction, giving ten days notice thereof, and return the overplus, if any, to the owner thereof.
7. And be it, etc., That the Stock, property, affairs and concerns of the said Company, shall be managed and conducted by Five Directors, one of whom shall be chosen President, who shall hold their offices for one year; which said Directors shall be Stockholders to the amount of at least four shares, and be elected on the first Monday in April in each year, at Kingston, at such time of the day as a majority of the Directors for the time being shall appoint, and public notice thereof shall be given in any newspaper that may be published in the Town of Kingston, at least thirty days previous to the time of holding the said election; and the said election shall be held and made by such of the Stockholders of the said Company as shall attend for that purpose in their own proper persons or by proxy, and all elections for such Directors shall be by ballot, & the five persons who shall have the greatest number of votes at any election, shall be Directors; and if it shall happen at any such election that two or more have an equal number of votes, in such a manner that a greater number of persons than five, shall, by a plurality of votes appear to be chosen Directors, then the said Stockholders hereinbefore authorised to hold such election, shall proceed to elect by ballot until it is determined which of the said persons so having an equal number of votes shall be Directors so as to complete the whole number of five, and the said Directors so chosen, so soon as may be, after the said election, shall proceed in like manner to elect by ballot one of their number to be President, and if any vacancy shall at any time happen among the Directors by death, resignation, or removal from the Province, such vacancy shall be filled for the remainder of the year in which it may happen, by a person to be nominated by a majority of the Directors.
8. And be it, etc., That each Stockholder shall be entitled to the number of votes proportioned to the number of shares which he shall have held in his own name at least one month prior to the time of voting - according to the following rates, that is to say, one vote for each share not exceeding four; five votes for six shares, six votes for eight shares, seven votes for ten shares, and one vote for every five shares over ten.
9. And be it, etc., That on the fourth Monday after the passing of this Act, a meeting of the Stockholders shall be held at Kingston, who in the same manner as hereinbefore provided, shall proceed to elect five persons to be Directors, who shall continue in such office until the first Monday in April next after their election, and who, during such continuance shall discharge the duties of Directors in the same manner as if they had been elected at the annual election: Provided always, That if shares to the amount of One Thousand Pounds of the Capital Stock of the said Company, shall not be taken, then the said meeting shall not be held until the amount of Stock shall have been taken up, and at least thirty days notice thereof be given, in any paper published in the Midland District.
10. And be it, etc., That the whole Capital or Stock of the said Company, inclusive of any real estate which the Company may have or hold by virtue of this Act, shall not exceed in value Thirty Thousand Pounds, to be held in Two Thousand Four Hundred Shares, of Twelve Pounds Ten Shillings each, and that the Shares of the said Capital Stock may, after the first instalment thereon, shall have been paid, be transferred by the respective persons, subscribing or holding the same, to other persons; and such transfer shall be entered or registered in a book to be kept for that purpose by the Company.
11. And be it, etc., That so soon as Directors have been appointed as aforesaid, it shall and may be lawful for them to call upon the Stockholders of the said Company, by giving thirty days notice thereof in any paper published in the said Town of Kingston, for an instalment of ten per cent upon each share, which they or any of them respectively may subscribe, and that the residue of the sum or shares of the Stockholders shall be payable by instalments in such time and in such proportions as a majority of the Stockholders, at a meeting to be expressly convened for that purpose shall agree upon, so as no such instalments shall exceed ten per cent, nor become payable in less than thirty days after public notice in the paper as aforesaid.
12. And be it, etc., That if any Stockholder as aforesaid, shall neglect or refuse to pay at the time required, any such instalment as shall be lawfully required by the Directors as due upon any shares, such Stockholder so refusing or neglecting, shall forfeit such shares as aforesaid, with any amount which shall have previously been paid thereon, and that 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 applied in like manner as other monies of the said Company. Provided always, that the Purchaser shall pay the said Company the amount of the instalment required over and above the purchase money of the shares so purchased by him as aforesaid, immediately after the sale, and before he shall be entitled to the certificate of the transfer of such shares so purchased as aforesaid. Provided always, that thirty days notice of the sale of such forfeited shares, shall be given in any newspaper published in the Town of Kingston; and that the instalments due may be received in redemption of any such forfeited shares, at any time before the day appointed for the sale thereof.
13. And be it, etc., That it shall be the duty of the Directors to make annual dividends of so much of the profits of the said Company, as to them or the majority of them shall seem advisable; and that once in each year an exact and particular statement shall be rendered of the state of their affairs, debts, credits, profits and losses, such statements to appear on the books, and to be open to the perusal of any Stockholder at his reasonable request.
STEAM BOAT TRANSPORT
Notice is hereby given, that sealed Tenders will be received at this Office until Tuesday at noon the 3rd day of April next, for the Transport of Government Stores, (heavy Ordnance and Gunpowder excepted) Troops, Baggage, Horses, Parcels, etc., on Lake Ontario, during the season of navigation of the year 1838, viz.:
From Prescott to Kingston.
do. Kingston to Toronto, Port Dalhousie, Niagara,
do. Kingston to Cobourg,
do. Toronto to Cobourg,
And from those places back, respectively.
For Towing Government Barges or Batteaux, with or without Troops, Baggage or Stores, from Prescott to Kingston and back.
All Ordnance Stores consigned to the storekeeper at Kingston, to be landed at the Ordnance Wharf, Point Henry.
All other Stores for Kingston, as well as Troops, Baggage, etc., to be landed at the Government Wharves, at the Tete du Pont. Troops, Baggage and Stores, for and from all other of the above places, to be landed and shipped in and from such wharves as may be ordered by the Commissariat Officers in charge of those stations.
The Tenders must express the names of the steam boats to be employed, the rates in currency, and reference to two persons of known property as sureties.
Forms of Tender may be obtained, and further conditions of Contract obtained, on application at this office.
Payment made either by a Bill of Exchange on the Lords Commissioners of H.M. Treasury, at the Commissariat rate of Exchange, or by Checks on the Chartered Banks, at the option of the Senior Commissariat Officer at this station.
Charles A. Clarke, Ass't Com'y General.
Commissariat, Kingston, March 13th, 1838.
Pursuant to a Notice of a Public Meeting at the Mansion House of S. Kellogg, of the Stockholders of the steam boat Brockville, on the evening of the 21st inst., Billa Flint, Jun., Esq., called to the Chair, and S. Kellogg appointed Secretary, the following Resolutions were unanimously adopted:
1st - Resolved, That the following Gentlemen do act as a Committee in the management of said Boat for the ensuing year, viz.:
Billa Flint, Jun., Esq., Belleville.
Nelson G. Reynolds, Belleville.
Sheldon Hawley, River Trent.
J. & J. Miller & Co., Hallowell.
Charles Hales, Esq., Kingston.
2nd - Resolved, That the proceedings of this meeting shall be noticed in the Belleville Intelligencer, and the Kingston Chronicle & Gazette, and Brockville Recorder.
3rd - Resolved, That this meeting do now adjourn to this day six months.
By order, S. Kellogg, Sec'y.