Industrial Hamilton -- A Trail to the Future - Hamilton Street Railway

INDUSTRIAL HAMILTON: A TRAIL TO THE FUTURE

CAP. C

An Act to incorporate
"The Hamilton Street Railway Company."

[Assented do 29th March, 1873]

Preamble	WHEREAS William McGiverin, James G. Davis, William P. Moore, M.C. Laven, W. Ambrose, W.H. Ambrose, W.H. Glassco, C. M. Counsell, John T. Glassco, William Edgar, Daniel Kelly, and others, have by their petition prayed for an Act of incorporation, under the name of "The Hamilton Street Railway Company," for the purpose of constructing and operating a street railway in the City of Hamilton, and adjoining municipalities; And whereas, it is expedient to grant the prayer of the petitioners: Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:-
Incorporation Name	1. The said William McGiverin, James G. Davis, William P. Moore, M.C. Laven, W. Ambrose, W.H. Glassco, C.M. Counsell, John T. Glassco, William Edgar, Daniel Kelly, and such other persons as shall hereafter become shareholders of the said company, are Corporate hereby constituted a body corporate and politic, under the name of "The Hamilton Street Railway Company."
Capital	2. The capital of the company shall be fifty thousand dollars, in shares of fifty dollars each; but the capital stock may be increased by the shareholders as hereinafter provided.
Provisional directors	3. James Turner, J.N. Tarbox, Edward Gurney, Lewis Springer, Warren Holton, James G. Davis, William McGiverin, and John W. Murton shall be provisional directors of said company, to obtain subscriptions for stock , and organize said company, and shall hold office until the election of directors, as hereafter provided for.
Election of directors	4. So soon as twenty thousand dollars of the capital stock has been subscribed, and twenty per centum thereon paid up, the shareholders shall proceed to the election of a board of directors for the said company, and the provisional directors, or a majority of them, shall call a meeting of the shareholders for that purpose, first giving two weeks' notice thereof, by advertisement in some newspaper published in the City of Hamilton.
Directors' qualifications President Vacancies	5. The board of directors shall consist of seven directorss, as shall be determined at the meeting to be as provided for in the preceding section, each of whom shall be a shareholder of not less than five hundred dollars; such election, and every question to be decided at such meeting, shall be by ballot, by a plurality of votes of the stockholders present in person, or represented by written proxy, each share to have one vote: the directors so chosen shall immediately elect one of their own number to be president, and another to be vice-president, wich president, vice-president, and directors shall continue in office for one year, and until others shall be chosen to fill their places; and if any vacancy shall at any time happen by death, resignation, or otherwise, during said year, in the office of president, vice-president, or directors, the remainder of such directors shall supply such vacancy for the remainder of the years; and the election of directors shall take place annually, either on the anniversary of the first election of directors, or such other days as may be fixed by by-law, as hereinafter mentioned.
Commencement of operations	6. So soon as stock to the amount aforesaid shall have been subscribed, and twenty per centum thereof paid up, and the said board shall hav been elected in manner aforesaid, the company may commence operations, and exercise the powers hereby granted; but the company shall commence operations within two years from the passing of this Act.
Powers as to construction of railway	7. The company are hereby authorized and empowered to construct, maintain, complete, and operate a double or single iron railway, with the necessary side tracks and turnouts, for the passage of cars, carriages, and other vehicles adapted to the same, upon and along streets, and highways within the jurisdiction of the Corporation of the City of Hamilton, and of any of the adjoining municipalities, as the company may be authorized to pass along, under and subject to any agreement hereafter to be made between the council of the said City and of the said municipalities respectively, and the said company, and under and subject to any by-laws of the said corporation of the said city and municipalities respectively, or any of them, made in pursuance thereof, and to take, transport, and carry passengers and freight upon the same, by the force or power of animals or such other motive power as they may be authorized by the council of said city and municipalities respectively by by-law to use, and to construct and maintain all necessary works, buildings, appliances, and conveniences connected therewith.
Powers of directors	8. The directors shall have full power to make all by-laws for the management of the company; the acquirement, management, and disposition of its stock, property, and effects, and of its affairs and business; the making and collection of calls on its stocks and forfeiture thereof for non-payment; the entering into arrangements and contracts with the said city or municipalities; the declaration and payment of dividends out of the profits of said company; the form and issuing of stock certificates, and the transfer of shares; the calling special and general meetings of the company; the appointment, removal, and remuneration of all officers, agents, clerks, workmen, and servants of the company; the fares to be received from persons transported over the railway, or any part thereof; and, in general, to do all things that may be necessary to carry out the objects and the exercise of any powers incident to the company: Provided always, that the fares to be taken by the company shall not exceed for each passenger six cents for any distance for three miles and under, and one cent per mile in addition for all distances over three miles.
Stock to be personality	9. The stock of the company shall be deemed personal estate, and shall be transferable in such way as the directors shall by by-law direct.
Company may hold real estate	10. The company may purchase, lease, hold, or acquire and transfer any real or personal estate necessary for carrying on the operations of the company
Failure of election not to disolve the company, &c.	11. If the election of directors be not made on the day appointed by this Act, the company shall not, for that reason, be dissolved; but the stockholders may hold the election on any other day, in the manner provided for by any by-law passed for that purpose; and all acts of directors, until their successors are elected, shall be valid, and binding upon the company.
Company may use sleighs	12. The company may substitute sleighs for railway carriages, during the winter months, use sleighs. upon the route of their railway.
Penalty for refusing to pay fare	13. The fare shall be due and payable by every passenger on entering the car or sleigh; and any person refusing the pay the fare when demanded by the conductor or driver, and refusing to quit the car or sleigh, shall be liable to a fine not less than five dollars, recoverable before any Justice of the Peace.
Company may borrow $100,000 Proviso.	14. The directors of the company may, from time to time, increase the capital of the said company for such amount or amounts as occasion may require, and also raise or borrow, for the purpose of the company, any sum or sums not exceeding in the whole at any time the actual amount of capital stock bona fide subscribed and paid up by the issue of bonds or debentures, in sums of not less than one hundred dollars, on such terms and credit as they may think proper, and may pledge or mortgage all the property, tolls, and income of the company, or any part thereof, for the repayment of the moneys so raised or borrowed, and the interest thereon; Provided always, that the consent of three-fourths in value of the stockholders of the company present, or represented by proxy at said meeting, shall be first had and obtained, at a special meeting to be called and held for either or both of the purposes aforesaid.
City and adjoining municipality may make agreements regarding construction of railways, &c.	15. The council of the said city, and of any of the said adjoining municipalities, or any of them, and the said company, are respectively hereby authorized to make and enter into any agreement or covenants relating to the construction of the said railway; for the paving, macadamizing, repairing, and grading of the streets or highways; and the construction, opening or, and repairing of drains or sewers; and the laying of gas and water pipes in the said streets and highways; the location of the railway, and the particular streets along which the same shall be laid; the pattern of rail; the time and speed of running of the cars, the time within which the works are to be commenced; the manner of proceeding with the same, and the time for completion; and generally for the safety and convenience of passengers; the conduct of the agents and servants of the company; and the non-obstructing or impeding of the ordinary traffic.
City and municipalities may pass by-laws for giving effect to any such agreement	16. The said city, and the said municipalities, are hereby authorized to pass any by-law or by-laws, and to amend, repeal, or enact the same for the purpose of carrying into effect any such agreements or covenants, and containing all such necessary clauses, provisions, rules, and regulations for the conduct of all parties concerned, including the company, and for the enjoining obedience thereto, and also for the facilitating the the running of the company's cars, and for regulating the traffic and conduct of all persons travelling upon the streets and highways through which thesaid railway may pass.